| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| 1 | AN ACT concerning the Illinois State Police.
| ||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
| 3 | represented in the General Assembly:
| ||||||||||||||||||||||||
| 4 | Section 5. This Act revises statutory law to conform the | ||||||||||||||||||||||||
| 5 | statutes to the reorganization of the executive branch taking | ||||||||||||||||||||||||
| 6 | effect under Executive Order 2019-12. This Act also makes other | ||||||||||||||||||||||||
| 7 | changes concerning the Illinois State Police and makes | ||||||||||||||||||||||||
| 8 | technical and stylistic changes.
| ||||||||||||||||||||||||
| 9 | Section 10. The Consular Identification Document Act is | ||||||||||||||||||||||||
| 10 | amended by changing Section 5 as follows:
| ||||||||||||||||||||||||
| 11 | (5 ILCS 230/5)
| ||||||||||||||||||||||||
| 12 | Sec. 5. Definition. As used in this Act, "consular | ||||||||||||||||||||||||
| 13 | identification document" means an official identification card | ||||||||||||||||||||||||
| 14 | issued by a foreign government that meets all of the following | ||||||||||||||||||||||||
| 15 | requirements: | ||||||||||||||||||||||||
| 16 | (1) The consular identification document is issued | ||||||||||||||||||||||||
| 17 | through the foreign government's consular offices for the | ||||||||||||||||||||||||
| 18 | purpose of identifying a foreign national who is living | ||||||||||||||||||||||||
| 19 | outside of
that nation. | ||||||||||||||||||||||||
| 20 | (2) The foreign government requires an individual to | ||||||||||||||||||||||||
| 21 | provide the following to obtain the consular | ||||||||||||||||||||||||
| 22 | identification document: (A) proof of nationality; (B) | ||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | proof of identity; and (C) proof of residence in the | ||||||
| 2 | consular district. | ||||||
| 3 | (3) The foreign government includes the following | ||||||
| 4 | security features in the consular identification document: | ||||||
| 5 | (A) a unique identification number; (B) an optically | ||||||
| 6 | variable feature such as a hologram or color-shifting inks; | ||||||
| 7 | (C) an ultraviolet image; (D) encoded information; (E) | ||||||
| 8 | machine readable technology; (F) micro printing; (G) | ||||||
| 9 | secure laminate; and (H) integrated photograph and | ||||||
| 10 | signature.
| ||||||
| 11 | (4) The consular identification document includes the | ||||||
| 12 | following data: (A) the name and address of the individual | ||||||
| 13 | to whom it is issued; (B) the date of issuance; (C) the | ||||||
| 14 | date of expiration; (D) the name of the issuing consulate; | ||||||
| 15 | and (E) an identification number. The consular | ||||||
| 16 | identification document must include an English | ||||||
| 17 | translation of the data fields.
| ||||||
| 18 | (5) The issuing consulate has filed with the Illinois | ||||||
| 19 | Department of State Police a copy of the issuing | ||||||
| 20 | consulate's consular identification document and a | ||||||
| 21 | certification of the procedures that are used to satisfy | ||||||
| 22 | the requirements of paragraphs (2) and (3).
| ||||||
| 23 | (Source: P.A. 94-389, eff. 1-1-06.)
| ||||||
| 24 | Section 15. The Public Corruption Profit Forfeiture Act is | ||||||
| 25 | amended by changing Sections 10 and 25 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 283/10)
| ||||||
| 2 | Sec. 10. Penalties. | ||||||
| 3 | (a) A person who is convicted of a violation of any of the | ||||||
| 4 | following Sections, subsections, and clauses of the Criminal | ||||||
| 5 | Code of 1961 or the Criminal Code of 2012: | ||||||
| 6 | (1) clause (a)(6) of Section 12-6 (intimidation by a | ||||||
| 7 | public official), | ||||||
| 8 | (2) Section 33-1 (bribery), | ||||||
| 9 | (3) subsection (a) of Section 33E-7 (kickbacks), or | ||||||
| 10 | (4) Section 33C-4 or subsection (d) of Section 17-10.3 | ||||||
| 11 | (fraudulently obtaining public moneys reserved for | ||||||
| 12 | disadvantaged business enterprises), | ||||||
| 13 | shall forfeit to the State of Illinois: | ||||||
| 14 | (A) any profits or proceeds and any property or | ||||||
| 15 | property interest he or she has acquired or maintained in | ||||||
| 16 | violation of any of the offenses listed in clauses (1) | ||||||
| 17 | through (4) of this subsection (a) that the court | ||||||
| 18 | determines, after a forfeiture hearing under subsection | ||||||
| 19 | (b) of this Section, to have been acquired or maintained as | ||||||
| 20 | a result of violating any of the offenses listed in clauses | ||||||
| 21 | (1) through (4) of this subsection (a); and | ||||||
| 22 | (B) any interest in, security of, claim against, or | ||||||
| 23 | property or contractual right of any kind affording a | ||||||
| 24 | source of influence over, any enterprise which he or she | ||||||
| 25 | has established, operated, controlled, conducted, or | ||||||
| |||||||
| |||||||
| 1 | participated in the conduct of, in violation of any of the | ||||||
| 2 | offenses listed in clauses (1) through (4) of this | ||||||
| 3 | subsection (a) that the court determines, after a | ||||||
| 4 | forfeiture hearing under subsection (b) of this Section, to | ||||||
| 5 | have been acquired or maintained as a result of violating | ||||||
| 6 | any of the offenses listed in clauses (1) through (4) of | ||||||
| 7 | this subsection (a) or used to facilitate a violation of | ||||||
| 8 | one of the offenses listed in clauses (1) through (4) of | ||||||
| 9 | this subsection (a).
| ||||||
| 10 | (b) The court shall, upon petition by the Attorney General | ||||||
| 11 | or State's Attorney, at any time after the filing of an | ||||||
| 12 | information or return of an indictment, conduct a hearing to | ||||||
| 13 | determine whether any property or property interest is subject | ||||||
| 14 | to forfeiture under this Act. At the forfeiture hearing the | ||||||
| 15 | people shall have the burden of establishing, by a | ||||||
| 16 | preponderance of the evidence, that property or property | ||||||
| 17 | interests are subject to forfeiture under this Act. There is a | ||||||
| 18 | rebuttable presumption at such hearing that any property or | ||||||
| 19 | property interest of a person charged by information or | ||||||
| 20 | indictment with a violation of any of the offenses listed in | ||||||
| 21 | clauses (1) through (4) of subsection (a) of this Section or | ||||||
| 22 | who is convicted of a violation of any of the offenses listed | ||||||
| 23 | in clauses (1) through (4) of subsection (a) of this Section is | ||||||
| 24 | subject to forfeiture under this Section if the State | ||||||
| 25 | establishes by a preponderance of the evidence that: | ||||||
| 26 | (1) such property or property interest was acquired by | ||||||
| |||||||
| |||||||
| 1 | such person during the period of the violation of any of | ||||||
| 2 | the offenses listed in clauses (1) through (4) of | ||||||
| 3 | subsection (a) of this Section or within a reasonable time | ||||||
| 4 | after such period; and
| ||||||
| 5 | (2) there was no likely source for such property or | ||||||
| 6 | property interest other than the violation of any of the | ||||||
| 7 | offenses listed in clauses (1) through (4) of subsection | ||||||
| 8 | (a) of this Section.
| ||||||
| 9 | (c) In an action brought by the People of the State of | ||||||
| 10 | Illinois under this Act, wherein any restraining order, | ||||||
| 11 | injunction or prohibition or any other action in connection | ||||||
| 12 | with any property or property interest subject to forfeiture | ||||||
| 13 | under this Act is sought, the circuit court which shall preside | ||||||
| 14 | over the trial of the person or persons charged with any of the | ||||||
| 15 | offenses listed in clauses (1) through (4) of subsection (a) of | ||||||
| 16 | this Section shall first determine whether there is probable | ||||||
| 17 | cause to believe that the person or persons so charged have | ||||||
| 18 | committed a violation of any of the offenses listed in clauses | ||||||
| 19 | (1) through (4) of subsection (a) of this Section and whether | ||||||
| 20 | the property or property interest is subject to forfeiture | ||||||
| 21 | pursuant to this Act.
| ||||||
| 22 | In order to make such a determination, prior to entering | ||||||
| 23 | any such order, the court shall conduct a hearing without a | ||||||
| 24 | jury, wherein the People shall establish that there is: (i) | ||||||
| 25 | probable cause that the person or persons so charged have | ||||||
| 26 | committed one of the offenses listed in clauses (1) through (4) | ||||||
| |||||||
| |||||||
| 1 | of subsection (a) of this Section and (ii) probable cause that | ||||||
| 2 | any property or property interest may be subject to forfeiture | ||||||
| 3 | pursuant to this Act. Such hearing may be conducted | ||||||
| 4 | simultaneously with a preliminary hearing, if the prosecution | ||||||
| 5 | is commenced by information or complaint, or by motion of the | ||||||
| 6 | People, at any stage in the proceedings. The court may accept a | ||||||
| 7 | finding of probable cause at a preliminary hearing following | ||||||
| 8 | the filing of a charge for violating one of the offenses listed | ||||||
| 9 | in clauses (1) through (4) of subsection (a) of this Section or | ||||||
| 10 | the return of an indictment by a grand jury charging one of the | ||||||
| 11 | offenses listed in clauses (1) through (4) of subsection (a) of | ||||||
| 12 | this Section as sufficient evidence of probable cause as | ||||||
| 13 | provided in item (i) above.
| ||||||
| 14 | Upon such a finding, the circuit court shall enter such | ||||||
| 15 | restraining order, injunction or prohibition, or shall take | ||||||
| 16 | such other action in connection with any such property or | ||||||
| 17 | property interest subject to forfeiture under this Act, as is | ||||||
| 18 | necessary to insure that such property is not removed from the | ||||||
| 19 | jurisdiction of the court, concealed, destroyed or otherwise | ||||||
| 20 | disposed of by the owner of that property or property interest | ||||||
| 21 | prior to a forfeiture hearing under subsection (b) of this | ||||||
| 22 | Section. The Attorney General or State's Attorney shall file a | ||||||
| 23 | certified copy of such restraining order, injunction or other | ||||||
| 24 | prohibition with the recorder of deeds or registrar of titles | ||||||
| 25 | of each county where any such property of the defendant may be | ||||||
| 26 | located. No such injunction, restraining order or other | ||||||
| |||||||
| |||||||
| 1 | prohibition shall affect the rights of any bona fide purchaser, | ||||||
| 2 | mortgagee, judgment creditor or other lien holder arising prior | ||||||
| 3 | to the date of such filing.
| ||||||
| 4 | The court may, at any time, upon verified petition by the | ||||||
| 5 | defendant, conduct a hearing to release all or portions of any | ||||||
| 6 | such property or interest which the court previously determined | ||||||
| 7 | to be subject to forfeiture or subject to any restraining | ||||||
| 8 | order, injunction, or prohibition or other action. The court | ||||||
| 9 | may release such property to the defendant for good cause shown | ||||||
| 10 | and within the sound discretion of the court.
| ||||||
| 11 | (d) Prosecution under this Act may be commenced by the | ||||||
| 12 | Attorney General or a State's Attorney.
| ||||||
| 13 | (e) Upon an order of forfeiture being entered pursuant to | ||||||
| 14 | subsection (b) of this Section, the court shall authorize the | ||||||
| 15 | Attorney General to seize any property or property interest | ||||||
| 16 | declared forfeited under this Act and under such terms and | ||||||
| 17 | conditions as the court shall deem proper. Any property or | ||||||
| 18 | property interest that has been the subject of an entered | ||||||
| 19 | restraining order, injunction or prohibition or any other | ||||||
| 20 | action filed under subsection (c) shall be forfeited unless the | ||||||
| 21 | claimant can show by a preponderance of the evidence that the | ||||||
| 22 | property or property interest has not been acquired or | ||||||
| 23 | maintained as a result of a violation of any of the offenses | ||||||
| 24 | listed in clauses (1) through (4) of subsection (a) of this | ||||||
| 25 | Section or has not been used to facilitate a violation of any | ||||||
| 26 | of the offenses listed in clauses (1) through (4) of subsection | ||||||
| |||||||
| |||||||
| 1 | (a) of this Section.
| ||||||
| 2 | (f) The Attorney General or his or her designee is | ||||||
| 3 | authorized to sell all property forfeited and seized pursuant | ||||||
| 4 | to this Act, unless such property is required by law to be | ||||||
| 5 | destroyed or is harmful to the public, and, after the deduction | ||||||
| 6 | of all requisite expenses of administration and sale, shall | ||||||
| 7 | distribute the proceeds of such sale, along with any moneys | ||||||
| 8 | forfeited or seized, in accordance with subsection (g).
| ||||||
| 9 | (g) All monies and the sale proceeds of all other property | ||||||
| 10 | forfeited and seized pursuant to this Act shall be distributed | ||||||
| 11 | as follows:
| ||||||
| 12 | (1) An amount equal to 50% shall be distributed to the | ||||||
| 13 | unit of local government or other law enforcement agency | ||||||
| 14 | whose officers or employees conducted the investigation | ||||||
| 15 | into a violation of any of the offenses listed in clauses | ||||||
| 16 | (1) through (4) of subsection (a) of this Section and | ||||||
| 17 | caused the arrest or arrests and prosecution leading to the | ||||||
| 18 | forfeiture. Amounts distributed to units of local | ||||||
| 19 | government and law enforcement agencies shall be used for | ||||||
| 20 | enforcement of laws governing public corruption, or for | ||||||
| 21 | other law enforcement purposes. In the event, however, that | ||||||
| 22 | the investigation, arrest or arrests and prosecution | ||||||
| 23 | leading to the forfeiture were undertaken solely by a State | ||||||
| 24 | agency, the portion provided hereunder shall be paid into | ||||||
| 25 | the State Asset Forfeiture Fund in the State treasury to be | ||||||
| 26 | used by that State agency in accordance with law.
If the | ||||||
| |||||||
| |||||||
| 1 | investigation, arrest or arrests and prosecution leading | ||||||
| 2 | to the forfeiture were undertaken by the Attorney General, | ||||||
| 3 | the portion provided hereunder shall be paid into the | ||||||
| 4 | Attorney General Whistleblower Reward and Protection Fund | ||||||
| 5 | in the State treasury to be used by the Attorney General in | ||||||
| 6 | accordance with law. | ||||||
| 7 | (2) An amount equal to 12.5% shall be distributed to | ||||||
| 8 | the county in which the prosecution resulting in the | ||||||
| 9 | forfeiture was instituted, deposited in a special fund in | ||||||
| 10 | the county treasury and appropriated to the State's | ||||||
| 11 | Attorney for use in accordance with law.
If the prosecution | ||||||
| 12 | was conducted by the Attorney General, then the amount | ||||||
| 13 | provided under this subsection shall be paid into the | ||||||
| 14 | Attorney General Whistleblower Reward and Protection Fund | ||||||
| 15 | in the State treasury to be used by the Attorney General in | ||||||
| 16 | accordance with law. | ||||||
| 17 | (3) An amount equal to 12.5% shall be distributed to | ||||||
| 18 | the Office of the State's Attorneys Appellate Prosecutor | ||||||
| 19 | and deposited in the State's Attorneys Appellate | ||||||
| 20 | Prosecutor Anti-Corruption Fund, to be used by the Office | ||||||
| 21 | of the State's Attorneys Appellate Prosecutor for | ||||||
| 22 | additional expenses incurred in prosecuting appeals | ||||||
| 23 | arising under this Act. Any amounts remaining in the Fund | ||||||
| 24 | after all additional expenses have been paid shall be used | ||||||
| 25 | by the Office to reduce the participating county | ||||||
| 26 | contributions to the Office on a prorated basis as | ||||||
| |||||||
| |||||||
| 1 | determined by the board of governors of the Office of the | ||||||
| 2 | State's Attorneys Appellate Prosecutor based on the | ||||||
| 3 | populations of the participating counties.
If the appeal is | ||||||
| 4 | to be conducted by the Attorney General, then the amount | ||||||
| 5 | provided under this subsection shall be paid into the | ||||||
| 6 | Attorney General Whistleblower Reward and Protection Fund | ||||||
| 7 | in the State treasury to be used by the Attorney General in | ||||||
| 8 | accordance with law. | ||||||
| 9 | (4) An amount equal to 25% shall be paid into the State | ||||||
| 10 | Asset Forfeiture Fund in the State treasury to be used by | ||||||
| 11 | the Illinois Department of State Police for the funding of | ||||||
| 12 | the investigation of public corruption activities. Any | ||||||
| 13 | amounts remaining in the Fund after full funding of such | ||||||
| 14 | investigations shall be used by the Illinois State Police | ||||||
| 15 | Department in accordance with law to fund its other | ||||||
| 16 | enforcement activities.
| ||||||
| 17 | (h) All moneys deposited pursuant to this Act in the State | ||||||
| 18 | Asset Forfeiture Fund shall, subject to appropriation, be used | ||||||
| 19 | by the Illinois Department of State Police in the manner set | ||||||
| 20 | forth in this Section. All moneys deposited pursuant to this | ||||||
| 21 | Act in the Attorney General Whistleblower Reward and Protection | ||||||
| 22 | Fund shall, subject to appropriation, be used by the Attorney | ||||||
| 23 | General for State law enforcement purposes and for the | ||||||
| 24 | performance of the duties of that office. All moneys deposited | ||||||
| 25 | pursuant to this Act in the State's Attorneys Appellate | ||||||
| 26 | Prosecutor Anti-Corruption Fund shall, subject to | ||||||
| |||||||
| |||||||
| 1 | appropriation, be used by the Office of the State's Attorneys | ||||||
| 2 | Appellate Prosecutor in the manner set forth in this Section.
| ||||||
| 3 | (Source: P.A. 101-148, eff. 7-26-19.)
| ||||||
| 4 | (5 ILCS 283/25)
| ||||||
| 5 | Sec. 25. Distribution of proceeds of fines. | ||||||
| 6 | (a) The proceeds of all fines received under the provisions | ||||||
| 7 | of this Act shall be transmitted to and deposited in the | ||||||
| 8 | treasurer's office at the level of government as follows:
| ||||||
| 9 | (1) If the seizure was made by a combination of law
| ||||||
| 10 | enforcement personnel representing differing units of | ||||||
| 11 | local government, the court levying the fine shall | ||||||
| 12 | equitably allocate 50% of the fine among these units of | ||||||
| 13 | local government and shall allocate 50% to the county | ||||||
| 14 | general corporate fund. In the event that the seizure was | ||||||
| 15 | made by law enforcement personnel representing a unit of | ||||||
| 16 | local government from a municipality where the number of | ||||||
| 17 | inhabitants exceeds 2 million, the court levying the fine | ||||||
| 18 | shall allocate 100% of the fine to that unit of local | ||||||
| 19 | government. If the seizure was made by a combination of law | ||||||
| 20 | enforcement personnel representing differing units of | ||||||
| 21 | local government, and at least one of those units | ||||||
| 22 | represents a municipality where the number of inhabitants | ||||||
| 23 | exceeds 2 million, the court shall equitably allocate 100% | ||||||
| 24 | of the proceeds of the fines received among the differing | ||||||
| 25 | units of local government.
| ||||||
| |||||||
| |||||||
| 1 | (2) If such seizure was made by State law enforcement | ||||||
| 2 | personnel, then the court shall allocate 50% to the State | ||||||
| 3 | treasury and 50% to the county general corporate fund.
| ||||||
| 4 | (3) If a State law enforcement agency in combination | ||||||
| 5 | with a law enforcement agency or agencies of a unit or | ||||||
| 6 | units of local government conducted the seizure, the court | ||||||
| 7 | shall equitably allocate 50% of the fines to or among the | ||||||
| 8 | law enforcement agency or agencies of the unit or units of | ||||||
| 9 | local government which conducted the seizure and shall | ||||||
| 10 | allocate 50% to the county general corporate fund.
| ||||||
| 11 | (b) The proceeds of all fines allocated to the law | ||||||
| 12 | enforcement agency or agencies of the unit or units of local | ||||||
| 13 | government pursuant to subsection (a) shall be made available | ||||||
| 14 | to that law enforcement agency as expendable receipts for use | ||||||
| 15 | in the enforcement of laws regulating public corruption and | ||||||
| 16 | other laws. The proceeds of fines awarded to the State treasury | ||||||
| 17 | shall be deposited in the State Asset Forfeiture Fund. Monies | ||||||
| 18 | from this Fund may be used by the Illinois Department of State | ||||||
| 19 | Police in the enforcement of laws regulating public corruption | ||||||
| 20 | and other laws; and all other monies shall be paid into the | ||||||
| 21 | General Revenue Fund in the State treasury.
| ||||||
| 22 | (Source: P.A. 96-1019, eff. 1-1-11.)
| ||||||
| 23 | Section 20. The Illinois Public Labor Relations Act is | ||||||
| 24 | amended by changing Sections 3, 6.1, and 9 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| ||||||
| 2 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
| 3 | context
otherwise requires:
| ||||||
| 4 | (a) "Board" means the Illinois
Labor Relations Board or, | ||||||
| 5 | with respect to a matter over which the
jurisdiction of the | ||||||
| 6 | Board is assigned to the State Panel or the Local Panel
under | ||||||
| 7 | Section 5, the panel having jurisdiction over the matter.
| ||||||
| 8 | (b) "Collective bargaining" means bargaining over terms | ||||||
| 9 | and conditions
of employment, including hours, wages, and other | ||||||
| 10 | conditions of employment,
as detailed in Section 7 and which | ||||||
| 11 | are not excluded by Section 4.
| ||||||
| 12 | (c) "Confidential employee" means an employee who, in the | ||||||
| 13 | regular course
of his or her duties, assists and acts in a | ||||||
| 14 | confidential capacity to persons
who formulate, determine, and | ||||||
| 15 | effectuate management policies with regard
to labor relations | ||||||
| 16 | or who, in the regular course of his or her duties, has
| ||||||
| 17 | authorized access to information relating to the effectuation
| ||||||
| 18 | or review of the employer's collective bargaining policies.
| ||||||
| 19 | (d) "Craft employees" means skilled journeymen, crafts | ||||||
| 20 | persons, and their
apprentices and helpers.
| ||||||
| 21 | (e) "Essential services employees" means those public | ||||||
| 22 | employees
performing functions so essential that the | ||||||
| 23 | interruption or termination of
the function will constitute a | ||||||
| 24 | clear and present danger to the health and
safety of the | ||||||
| 25 | persons in the affected community.
| ||||||
| 26 | (f) "Exclusive representative", except with respect to | ||||||
| |||||||
| |||||||
| 1 | non-State fire
fighters and paramedics employed by fire | ||||||
| 2 | departments and fire protection
districts, non-State peace | ||||||
| 3 | officers, and peace officers in the
Illinois Department of | ||||||
| 4 | State Police, means the labor organization that has
been (i) | ||||||
| 5 | designated by the Board as the representative of a majority of | ||||||
| 6 | public
employees in an appropriate bargaining unit in | ||||||
| 7 | accordance with the procedures
contained in this Act, (ii) | ||||||
| 8 | historically
recognized by the State of Illinois or
any | ||||||
| 9 | political subdivision of the State before July 1, 1984
(the | ||||||
| 10 | effective date of this
Act) as the exclusive representative of | ||||||
| 11 | the employees in an appropriate
bargaining unit, (iii) after | ||||||
| 12 | July 1, 1984 (the
effective date of this Act) recognized by an
| ||||||
| 13 | employer upon evidence, acceptable to the Board, that the labor
| ||||||
| 14 | organization has been designated as the exclusive | ||||||
| 15 | representative by a
majority of the employees in an appropriate | ||||||
| 16 | bargaining unit;
(iv) recognized as the exclusive | ||||||
| 17 | representative of personal
assistants under Executive Order | ||||||
| 18 | 2003-8 prior to the effective date of this
amendatory
Act of | ||||||
| 19 | the 93rd General Assembly, and the organization shall be | ||||||
| 20 | considered to
be the
exclusive representative of the personal | ||||||
| 21 | assistants
as defined
in this Section; or (v) recognized as the | ||||||
| 22 | exclusive representative of child and day care home providers, | ||||||
| 23 | including licensed and license exempt providers, pursuant to an | ||||||
| 24 | election held under Executive Order 2005-1 prior to the | ||||||
| 25 | effective date of this amendatory Act of the 94th General | ||||||
| 26 | Assembly, and the organization shall be considered to be the | ||||||
| |||||||
| |||||||
| 1 | exclusive representative of the child and day care home | ||||||
| 2 | providers as defined in this Section.
| ||||||
| 3 | With respect to non-State fire fighters and paramedics | ||||||
| 4 | employed by fire
departments and fire protection districts, | ||||||
| 5 | non-State peace officers, and
peace officers in the Illinois | ||||||
| 6 | Department of State Police,
"exclusive representative" means | ||||||
| 7 | the labor organization that has
been (i) designated by the | ||||||
| 8 | Board as the representative of a majority of peace
officers or | ||||||
| 9 | fire fighters in an appropriate bargaining unit in accordance
| ||||||
| 10 | with the procedures contained in this Act, (ii)
historically | ||||||
| 11 | recognized
by the State of Illinois or any political | ||||||
| 12 | subdivision of the State before
January 1, 1986 (the effective | ||||||
| 13 | date of this amendatory Act of 1985) as the exclusive
| ||||||
| 14 | representative by a majority of the peace officers or fire | ||||||
| 15 | fighters in an
appropriate bargaining unit, or (iii) after | ||||||
| 16 | January 1,
1986 (the effective date of this amendatory
Act of | ||||||
| 17 | 1985) recognized by an employer upon evidence, acceptable to | ||||||
| 18 | the
Board, that the labor organization has been designated as | ||||||
| 19 | the exclusive
representative by a majority of the peace | ||||||
| 20 | officers or fire fighters in an
appropriate bargaining unit.
| ||||||
| 21 | Where a historical pattern of representation exists for the | ||||||
| 22 | workers of a water system that was owned by a public utility, | ||||||
| 23 | as defined in Section 3-105 of the Public Utilities Act, prior | ||||||
| 24 | to becoming certified employees of a municipality or | ||||||
| 25 | municipalities once the municipality or municipalities have | ||||||
| 26 | acquired the water system as authorized in Section 11-124-5 of | ||||||
| |||||||
| |||||||
| 1 | the Illinois Municipal Code, the Board shall find the labor | ||||||
| 2 | organization that has historically represented the workers to | ||||||
| 3 | be the exclusive representative under this Act, and shall find | ||||||
| 4 | the unit represented by the exclusive representative to be the | ||||||
| 5 | appropriate unit. | ||||||
| 6 | (g) "Fair share agreement" means an agreement between the | ||||||
| 7 | employer and
an employee organization under which all or any of | ||||||
| 8 | the employees in a
collective bargaining unit are required to | ||||||
| 9 | pay their proportionate share of
the costs of the collective | ||||||
| 10 | bargaining process, contract administration, and
pursuing | ||||||
| 11 | matters affecting wages, hours, and other conditions of | ||||||
| 12 | employment,
but not to exceed the amount of dues uniformly | ||||||
| 13 | required of members. The
amount certified by the exclusive | ||||||
| 14 | representative shall not include any fees
for contributions | ||||||
| 15 | related to the election or support of any candidate for
| ||||||
| 16 | political office. Nothing in this subsection (g) shall
preclude | ||||||
| 17 | an employee from making
voluntary political contributions in | ||||||
| 18 | conjunction with his or her fair share
payment.
| ||||||
| 19 | (g-1) "Fire fighter" means, for the purposes of this Act | ||||||
| 20 | only, any
person who has been or is hereafter appointed to a | ||||||
| 21 | fire department or fire
protection district or employed by a | ||||||
| 22 | state university and sworn or
commissioned to perform fire | ||||||
| 23 | fighter duties or paramedic duties, including paramedics | ||||||
| 24 | employed by a unit of local government, except that the
| ||||||
| 25 | following persons are not included: part-time fire fighters,
| ||||||
| 26 | auxiliary, reserve or voluntary fire fighters, including paid | ||||||
| |||||||
| |||||||
| 1 | on-call fire
fighters, clerks and dispatchers or other civilian | ||||||
| 2 | employees of a fire
department or fire protection district who | ||||||
| 3 | are not routinely expected to
perform fire fighter duties, or | ||||||
| 4 | elected officials.
| ||||||
| 5 | (g-2) "General Assembly of the State of Illinois" means the
| ||||||
| 6 | legislative branch of the government of the State of Illinois, | ||||||
| 7 | as provided
for under Article IV of the Constitution of the | ||||||
| 8 | State of Illinois, and
includes but is not limited to the House | ||||||
| 9 | of Representatives, the Senate,
the Speaker of the House of | ||||||
| 10 | Representatives, the Minority Leader of the
House of | ||||||
| 11 | Representatives, the President of the Senate, the Minority | ||||||
| 12 | Leader
of the Senate, the Joint Committee on Legislative | ||||||
| 13 | Support Services and any
legislative support services agency | ||||||
| 14 | listed in the Legislative Commission
Reorganization Act of | ||||||
| 15 | 1984.
| ||||||
| 16 | (h) "Governing body" means, in the case of the State, the | ||||||
| 17 | State Panel of
the Illinois Labor Relations Board, the Director | ||||||
| 18 | of the Department of Central
Management Services, and the | ||||||
| 19 | Director of the Department of Labor; the county
board in the | ||||||
| 20 | case of a county; the corporate authorities in the case of a
| ||||||
| 21 | municipality; and the appropriate body authorized to provide | ||||||
| 22 | for expenditures
of its funds in the case of any other unit of | ||||||
| 23 | government.
| ||||||
| 24 | (i) "Labor organization" means any organization in which | ||||||
| 25 | public employees
participate and that exists for the purpose, | ||||||
| 26 | in whole or in part, of dealing
with a public employer | ||||||
| |||||||
| |||||||
| 1 | concerning wages, hours, and other terms and conditions
of | ||||||
| 2 | employment, including the settlement of grievances.
| ||||||
| 3 | (i-5) "Legislative liaison" means a person who is an | ||||||
| 4 | employee of a State agency, the Attorney General, the Secretary | ||||||
| 5 | of State, the Comptroller, or the Treasurer, as the case may | ||||||
| 6 | be, and whose job duties require the person to regularly | ||||||
| 7 | communicate in the course of his or her employment with any | ||||||
| 8 | official or staff of the General Assembly of the State of | ||||||
| 9 | Illinois for the purpose of influencing any legislative action. | ||||||
| 10 | (j) "Managerial employee" means an individual who is | ||||||
| 11 | engaged
predominantly in executive and management functions | ||||||
| 12 | and is charged with the
responsibility of directing the | ||||||
| 13 | effectuation of management policies
and practices. With | ||||||
| 14 | respect only to State employees in positions under the | ||||||
| 15 | jurisdiction of the Attorney General, Secretary of State, | ||||||
| 16 | Comptroller, or Treasurer (i) that were certified in a | ||||||
| 17 | bargaining unit on or after December 2, 2008, (ii) for which a | ||||||
| 18 | petition is filed with the Illinois Public Labor Relations | ||||||
| 19 | Board on or after April 5, 2013 (the effective date of Public | ||||||
| 20 | Act 97-1172), or (iii) for which a petition is pending before | ||||||
| 21 | the Illinois Public Labor Relations Board on that date, | ||||||
| 22 | "managerial employee" means an individual who is engaged in | ||||||
| 23 | executive and management functions or who is charged with the | ||||||
| 24 | effectuation of management policies and practices or who | ||||||
| 25 | represents management interests by taking or recommending | ||||||
| 26 | discretionary actions that effectively control or implement | ||||||
| |||||||
| |||||||
| 1 | policy. Nothing in this definition prohibits an individual from | ||||||
| 2 | also meeting the definition of "supervisor" under subsection | ||||||
| 3 | (r) of this Section.
| ||||||
| 4 | (k) "Peace officer" means, for the purposes of this Act | ||||||
| 5 | only, any
persons who have been or are hereafter appointed to a | ||||||
| 6 | police force,
department, or agency and sworn or commissioned | ||||||
| 7 | to perform police duties,
except that the following persons are | ||||||
| 8 | not
included: part-time police
officers, special police | ||||||
| 9 | officers, auxiliary police as defined by Section
3.1-30-20 of | ||||||
| 10 | the Illinois Municipal Code, night watchmen, "merchant | ||||||
| 11 | police",
court security officers as defined by Section 3-6012.1 | ||||||
| 12 | of the Counties
Code,
temporary employees, traffic guards or | ||||||
| 13 | wardens, civilian parking meter and
parking facilities | ||||||
| 14 | personnel or other individuals specially appointed to
aid or | ||||||
| 15 | direct traffic at or near schools or public functions or to aid | ||||||
| 16 | in
civil defense or disaster, parking enforcement employees who | ||||||
| 17 | are not
commissioned as peace officers and who are not armed | ||||||
| 18 | and who are not
routinely expected to effect arrests, parking | ||||||
| 19 | lot attendants, clerks and
dispatchers or other civilian | ||||||
| 20 | employees of a police department who are not
routinely expected | ||||||
| 21 | to effect arrests, or elected officials.
| ||||||
| 22 | (l) "Person" includes one or more individuals, labor | ||||||
| 23 | organizations, public
employees, associations, corporations, | ||||||
| 24 | legal representatives, trustees,
trustees in bankruptcy, | ||||||
| 25 | receivers, or the State of Illinois or any political
| ||||||
| 26 | subdivision of the State or governing body, but does not | ||||||
| |||||||
| |||||||
| 1 | include the General
Assembly of the State of Illinois or any | ||||||
| 2 | individual employed by the General
Assembly of the State of | ||||||
| 3 | Illinois.
| ||||||
| 4 | (m) "Professional employee" means any employee engaged in | ||||||
| 5 | work predominantly
intellectual and varied in character rather | ||||||
| 6 | than routine mental, manual,
mechanical or physical work; | ||||||
| 7 | involving the consistent exercise of discretion
and adjustment | ||||||
| 8 | in its performance; of such a character that the output | ||||||
| 9 | produced
or the result accomplished cannot be standardized in | ||||||
| 10 | relation to a given
period of time; and requiring advanced | ||||||
| 11 | knowledge in a field of science or
learning customarily | ||||||
| 12 | acquired by a prolonged course of specialized intellectual
| ||||||
| 13 | instruction and study in an institution of higher learning or a | ||||||
| 14 | hospital,
as distinguished from a general academic education or | ||||||
| 15 | from apprenticeship
or from training in the performance of | ||||||
| 16 | routine mental, manual, or physical
processes; or any employee | ||||||
| 17 | who has completed the courses of specialized
intellectual | ||||||
| 18 | instruction and study prescribed in this subsection (m) and is
| ||||||
| 19 | performing related
work under the supervision of a professional | ||||||
| 20 | person to qualify to become
a professional employee as defined | ||||||
| 21 | in this subsection (m).
| ||||||
| 22 | (n) "Public employee" or "employee", for the purposes of | ||||||
| 23 | this Act, means
any individual employed by a public employer, | ||||||
| 24 | including (i) interns and residents
at public hospitals, (ii) | ||||||
| 25 | as of the effective date of this amendatory Act of the 93rd | ||||||
| 26 | General
Assembly, but not
before, personal assistants working | ||||||
| |||||||
| |||||||
| 1 | under the Home
Services
Program under Section 3 of the | ||||||
| 2 | Rehabilitation of Persons with Disabilities Act, subject to
the
| ||||||
| 3 | limitations set forth in this Act and in the Rehabilitation of | ||||||
| 4 | Persons with Disabilities
Act,
(iii) as of the effective date | ||||||
| 5 | of this amendatory Act of the 94th General Assembly, but not | ||||||
| 6 | before, child and day care home providers participating in the | ||||||
| 7 | child care assistance program under Section 9A-11 of the | ||||||
| 8 | Illinois Public Aid Code, subject to the limitations set forth | ||||||
| 9 | in this Act and in Section 9A-11 of the Illinois Public Aid | ||||||
| 10 | Code, (iv) as of January 29, 2013 (the effective date of Public | ||||||
| 11 | Act 97-1158), but not before except as otherwise provided in | ||||||
| 12 | this subsection (n), home care and home health workers who | ||||||
| 13 | function as personal assistants and individual maintenance | ||||||
| 14 | home health workers and who also work under the Home Services | ||||||
| 15 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
| 16 | Disabilities Act, no matter whether the State provides those | ||||||
| 17 | services through direct fee-for-service arrangements, with the | ||||||
| 18 | assistance of a managed care organization or other | ||||||
| 19 | intermediary, or otherwise, (v) beginning on the effective date | ||||||
| 20 | of this amendatory Act of the 98th General Assembly and | ||||||
| 21 | notwithstanding any other provision of this Act, any person | ||||||
| 22 | employed by a public employer and who is classified as or who | ||||||
| 23 | holds the employment title of Chief Stationary Engineer, | ||||||
| 24 | Assistant Chief Stationary Engineer, Sewage Plant Operator, | ||||||
| 25 | Water Plant Operator, Stationary Engineer, Plant Operating | ||||||
| 26 | Engineer, and any other employee who holds the position of: | ||||||
| |||||||
| |||||||
| 1 | Civil Engineer V, Civil Engineer VI, Civil Engineer VII, | ||||||
| 2 | Technical Manager I, Technical Manager II, Technical Manager | ||||||
| 3 | III, Technical Manager IV, Technical Manager V, Technical | ||||||
| 4 | Manager VI, Realty Specialist III, Realty Specialist IV, Realty | ||||||
| 5 | Specialist V, Technical Advisor I, Technical Advisor II, | ||||||
| 6 | Technical Advisor III, Technical Advisor IV, or Technical | ||||||
| 7 | Advisor V employed by the Department of Transportation who is | ||||||
| 8 | in a position which is certified in a bargaining unit on or | ||||||
| 9 | before the effective date of this amendatory Act of the 98th | ||||||
| 10 | General Assembly, and (vi) beginning on the effective date of | ||||||
| 11 | this amendatory Act of the 98th General Assembly and | ||||||
| 12 | notwithstanding any other provision of this Act, any mental | ||||||
| 13 | health administrator in the Department of Corrections who is | ||||||
| 14 | classified as or who holds the position of Public Service | ||||||
| 15 | Administrator (Option 8K), any employee of the Office of the | ||||||
| 16 | Inspector General in the Department of Human Services who is | ||||||
| 17 | classified as or who holds the position of Public Service | ||||||
| 18 | Administrator (Option 7), any Deputy of Intelligence in the | ||||||
| 19 | Department of Corrections who is classified as or who holds the | ||||||
| 20 | position of Public Service Administrator (Option 7), and any | ||||||
| 21 | employee of the Illinois Department of State Police who handles | ||||||
| 22 | issues concerning the Illinois State Police Sex Offender | ||||||
| 23 | Registry and who is classified as or holds the position of | ||||||
| 24 | Public Service Administrator (Option 7), but excluding all of | ||||||
| 25 | the following: employees of the
General Assembly of the State | ||||||
| 26 | of Illinois; elected officials; executive
heads of a | ||||||
| |||||||
| |||||||
| 1 | department; members of boards or commissions; the Executive
| ||||||
| 2 | Inspectors General; any special Executive Inspectors General; | ||||||
| 3 | employees of each
Office of an Executive Inspector General;
| ||||||
| 4 | commissioners and employees of the Executive Ethics | ||||||
| 5 | Commission; the Auditor
General's Inspector General; employees | ||||||
| 6 | of the Office of the Auditor General's
Inspector General; the | ||||||
| 7 | Legislative Inspector General; any special Legislative
| ||||||
| 8 | Inspectors General; employees of the Office
of the Legislative | ||||||
| 9 | Inspector General;
commissioners and employees of the | ||||||
| 10 | Legislative Ethics Commission;
employees
of any
agency, board | ||||||
| 11 | or commission created by this Act; employees appointed to
State | ||||||
| 12 | positions of a temporary or emergency nature; all employees of | ||||||
| 13 | school
districts and higher education institutions except | ||||||
| 14 | firefighters and peace
officers employed
by a state university | ||||||
| 15 | and except peace officers employed by a school district in its | ||||||
| 16 | own police department in existence on the effective date of | ||||||
| 17 | this amendatory Act of the 96th General Assembly; managerial | ||||||
| 18 | employees; short-term employees; legislative liaisons; a | ||||||
| 19 | person who is a State employee under the jurisdiction of the | ||||||
| 20 | Office of the Attorney General who is licensed to practice law | ||||||
| 21 | or whose position authorizes, either directly or indirectly, | ||||||
| 22 | meaningful input into government decision-making on issues | ||||||
| 23 | where there is room for principled disagreement on goals or | ||||||
| 24 | their implementation; a person who is a State employee under | ||||||
| 25 | the jurisdiction of the Office of the Comptroller who holds the | ||||||
| 26 | position of Public Service Administrator or whose position is | ||||||
| |||||||
| |||||||
| 1 | otherwise exempt under the Comptroller Merit Employment Code; a | ||||||
| 2 | person who is a State employee under the jurisdiction of the | ||||||
| 3 | Secretary of State who holds the position classification of | ||||||
| 4 | Executive I or higher, whose position authorizes, either | ||||||
| 5 | directly or indirectly, meaningful input into government | ||||||
| 6 | decision-making on issues where there is room for principled | ||||||
| 7 | disagreement on goals or their implementation, or who is | ||||||
| 8 | otherwise exempt under the Secretary of State Merit Employment | ||||||
| 9 | Code; employees in the Office of the Secretary of State who are | ||||||
| 10 | completely exempt from jurisdiction B of the Secretary of State | ||||||
| 11 | Merit Employment Code and who are in Rutan-exempt positions on | ||||||
| 12 | or after April 5, 2013 (the effective date of Public Act | ||||||
| 13 | 97-1172); a person who is a State employee under the | ||||||
| 14 | jurisdiction of the Treasurer who holds a position that is | ||||||
| 15 | exempt from the State Treasurer Employment Code; any employee | ||||||
| 16 | of a State agency who (i) holds the title or position of, or | ||||||
| 17 | exercises substantially similar duties as a legislative | ||||||
| 18 | liaison, Agency General Counsel, Agency Chief of Staff, Agency | ||||||
| 19 | Executive Director, Agency Deputy Director, Agency Chief | ||||||
| 20 | Fiscal Officer, Agency Human Resources Director, Public | ||||||
| 21 | Information Officer, or Chief Information Officer and (ii) was | ||||||
| 22 | neither included in a bargaining unit nor subject to an active | ||||||
| 23 | petition for certification in a bargaining unit; any employee | ||||||
| 24 | of a State agency who (i) is in a position that is | ||||||
| 25 | Rutan-exempt, as designated by the employer, and completely | ||||||
| 26 | exempt from jurisdiction B of the Personnel Code and (ii) was | ||||||
| |||||||
| |||||||
| 1 | neither included in a bargaining unit nor subject to an active | ||||||
| 2 | petition for certification in a bargaining unit; any term | ||||||
| 3 | appointed employee of a State agency pursuant to Section 8b.18 | ||||||
| 4 | or 8b.19 of the Personnel Code who was neither included in a | ||||||
| 5 | bargaining unit nor subject to an active petition for | ||||||
| 6 | certification in a bargaining unit; any employment position | ||||||
| 7 | properly designated pursuant to Section 6.1 of this Act;
| ||||||
| 8 | confidential employees; independent contractors; and | ||||||
| 9 | supervisors except as
provided in this Act.
| ||||||
| 10 | Home care
and home health workers who function as personal | ||||||
| 11 | assistants and individual maintenance home health workers and | ||||||
| 12 | who also work under the Home Services Program under Section 3 | ||||||
| 13 | of the Rehabilitation of Persons with Disabilities Act shall | ||||||
| 14 | not be considered
public
employees for any purposes not | ||||||
| 15 | specifically provided for in Public Act 93-204 or Public Act | ||||||
| 16 | 97-1158, including but not limited to, purposes of vicarious
| ||||||
| 17 | liability in tort
and purposes of statutory retirement or | ||||||
| 18 | health insurance benefits. Home care and home health workers | ||||||
| 19 | who function as personal assistants and individual maintenance | ||||||
| 20 | home health workers and who also work under the Home Services | ||||||
| 21 | Program under Section 3 of the Rehabilitation of Persons with | ||||||
| 22 | Disabilities Act shall not be covered by the State Employees
| ||||||
| 23 | Group
Insurance Act of 1971 (5 ILCS 375/).
| ||||||
| 24 | Child and day care home providers shall not be considered | ||||||
| 25 | public employees for any purposes not specifically provided for | ||||||
| 26 | in this amendatory Act of the 94th General Assembly, including | ||||||
| |||||||
| |||||||
| 1 | but not limited to, purposes of vicarious liability in tort and | ||||||
| 2 | purposes of statutory retirement or health insurance benefits. | ||||||
| 3 | Child and day care home providers shall not be covered by the | ||||||
| 4 | State Employees Group Insurance Act of 1971. | ||||||
| 5 | Notwithstanding Section 9, subsection (c), or any other | ||||||
| 6 | provisions of
this Act, all peace officers above the rank of | ||||||
| 7 | captain in
municipalities with more than 1,000,000 inhabitants | ||||||
| 8 | shall be excluded
from this Act.
| ||||||
| 9 | (o) Except as otherwise in subsection (o-5), "public | ||||||
| 10 | employer" or "employer" means the State of Illinois; any
| ||||||
| 11 | political subdivision of the State, unit of local government or | ||||||
| 12 | school
district; authorities including departments, divisions, | ||||||
| 13 | bureaus, boards,
commissions, or other agencies of the | ||||||
| 14 | foregoing entities; and any person
acting within the scope of | ||||||
| 15 | his or her authority, express or implied, on
behalf of those | ||||||
| 16 | entities in dealing with its employees.
As of the effective | ||||||
| 17 | date of the amendatory Act of the 93rd General Assembly,
but | ||||||
| 18 | not
before, the State of Illinois shall be considered the | ||||||
| 19 | employer of the personal assistants working under the Home | ||||||
| 20 | Services Program
under
Section 3 of the Rehabilitation of | ||||||
| 21 | Persons with Disabilities Act, subject to the
limitations set | ||||||
| 22 | forth
in this Act and in the Rehabilitation of Persons with | ||||||
| 23 | Disabilities Act. As of January 29, 2013 (the effective date of | ||||||
| 24 | Public Act 97-1158), but not before except as otherwise | ||||||
| 25 | provided in this subsection (o), the State shall be considered | ||||||
| 26 | the employer of home care and home health workers who function | ||||||
| |||||||
| |||||||
| 1 | as personal assistants and individual maintenance home health | ||||||
| 2 | workers and who also work under the Home Services Program under | ||||||
| 3 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
| 4 | Act, no matter whether the State provides those services | ||||||
| 5 | through direct fee-for-service arrangements, with the | ||||||
| 6 | assistance of a managed care organization or other | ||||||
| 7 | intermediary, or otherwise, but subject to the limitations set | ||||||
| 8 | forth in this Act and the Rehabilitation of Persons with | ||||||
| 9 | Disabilities Act. The State shall not
be
considered to be the | ||||||
| 10 | employer of home care and home health workers who function as | ||||||
| 11 | personal
assistants and individual maintenance home health | ||||||
| 12 | workers and who also work under the Home Services Program under | ||||||
| 13 | Section 3 of the Rehabilitation of Persons with Disabilities | ||||||
| 14 | Act, for any
purposes not specifically provided for in Public | ||||||
| 15 | Act 93-204 or Public Act 97-1158, including but not limited to, | ||||||
| 16 | purposes of vicarious liability in tort
and
purposes of | ||||||
| 17 | statutory retirement or health insurance benefits. Home care | ||||||
| 18 | and home health workers who function as
personal assistants and | ||||||
| 19 | individual maintenance home health workers and who also work | ||||||
| 20 | under the Home Services Program under Section 3 of the | ||||||
| 21 | Rehabilitation of Persons with Disabilities Act shall not be | ||||||
| 22 | covered by the State Employees Group
Insurance Act of 1971
(5 | ||||||
| 23 | ILCS 375/).
As of the effective date of this amendatory Act of | ||||||
| 24 | the 94th General Assembly but not before, the State of Illinois | ||||||
| 25 | shall be considered the employer of the day and child care home | ||||||
| 26 | providers participating in the child care assistance program | ||||||
| |||||||
| |||||||
| 1 | under Section 9A-11 of the Illinois Public Aid Code, subject to | ||||||
| 2 | the limitations set forth in this Act and in Section 9A-11 of | ||||||
| 3 | the Illinois Public Aid Code. The State shall not be considered | ||||||
| 4 | to be the employer of child and day care home providers for any | ||||||
| 5 | purposes not specifically provided for in this amendatory Act | ||||||
| 6 | of the 94th General Assembly, including but not limited to, | ||||||
| 7 | purposes of vicarious liability in tort and purposes of | ||||||
| 8 | statutory retirement or health insurance benefits. Child and | ||||||
| 9 | day care home providers shall not be covered by the State | ||||||
| 10 | Employees Group Insurance Act of 1971. | ||||||
| 11 | "Public employer" or
"employer" as used in this Act, | ||||||
| 12 | however, does not
mean and shall not include the General | ||||||
| 13 | Assembly of the State of Illinois,
the Executive Ethics | ||||||
| 14 | Commission, the Offices of the Executive Inspectors
General, | ||||||
| 15 | the Legislative Ethics Commission, the Office of the | ||||||
| 16 | Legislative
Inspector General, the Office of the Auditor | ||||||
| 17 | General's Inspector General, the Office of the Governor, the | ||||||
| 18 | Governor's Office of Management and Budget, the Illinois | ||||||
| 19 | Finance Authority, the Office of the Lieutenant Governor, the | ||||||
| 20 | State Board of Elections, and educational employers or | ||||||
| 21 | employers as defined in the Illinois
Educational Labor | ||||||
| 22 | Relations Act, except with respect to a state university in
its | ||||||
| 23 | employment of firefighters and peace officers and except with | ||||||
| 24 | respect to a school district in the employment of peace | ||||||
| 25 | officers in its own police department in existence on the | ||||||
| 26 | effective date of this amendatory Act of the 96th General | ||||||
| |||||||
| |||||||
| 1 | Assembly. County boards and county
sheriffs shall be
designated | ||||||
| 2 | as joint or co-employers of county peace officers appointed
| ||||||
| 3 | under the authority of a county sheriff. Nothing in this | ||||||
| 4 | subsection
(o) shall be construed
to prevent the State Panel or | ||||||
| 5 | the Local Panel
from determining that employers are joint or | ||||||
| 6 | co-employers.
| ||||||
| 7 | (o-5) With respect to
wages, fringe
benefits, hours, | ||||||
| 8 | holidays, vacations, proficiency
examinations, sick leave, and | ||||||
| 9 | other conditions of
employment, the public employer of public | ||||||
| 10 | employees who are court reporters, as
defined in the Court | ||||||
| 11 | Reporters Act, shall be determined as
follows:
| ||||||
| 12 | (1) For court reporters employed by the Cook County | ||||||
| 13 | Judicial
Circuit, the chief judge of the Cook County | ||||||
| 14 | Circuit
Court is the public employer and employer | ||||||
| 15 | representative.
| ||||||
| 16 | (2) For court reporters employed by the 12th, 18th, | ||||||
| 17 | 19th, and, on and after December 4, 2006, the 22nd judicial
| ||||||
| 18 | circuits, a group consisting of the chief judges of those | ||||||
| 19 | circuits, acting
jointly by majority vote, is the public | ||||||
| 20 | employer and employer representative.
| ||||||
| 21 | (3) For court reporters employed by all other judicial | ||||||
| 22 | circuits,
a group consisting of the chief judges of those | ||||||
| 23 | circuits, acting jointly by
majority vote, is the public | ||||||
| 24 | employer and employer representative.
| ||||||
| 25 | (p) "Security employee" means an employee who is | ||||||
| 26 | responsible for the
supervision and control of inmates at | ||||||
| |||||||
| |||||||
| 1 | correctional facilities. The term
also includes other | ||||||
| 2 | non-security employees in bargaining units having the
majority | ||||||
| 3 | of employees being responsible for the supervision and control | ||||||
| 4 | of
inmates at correctional facilities.
| ||||||
| 5 | (q) "Short-term employee" means an employee who is employed | ||||||
| 6 | for less
than 2 consecutive calendar quarters during a calendar | ||||||
| 7 | year and who does
not have a reasonable assurance that he or | ||||||
| 8 | she will be rehired by the
same employer for the same service | ||||||
| 9 | in a subsequent calendar year.
| ||||||
| 10 | (q-5) "State agency" means an agency directly responsible | ||||||
| 11 | to the Governor, as defined in Section 3.1 of the Executive | ||||||
| 12 | Reorganization Implementation Act, and the Illinois Commerce | ||||||
| 13 | Commission, the Illinois Workers' Compensation Commission, the | ||||||
| 14 | Civil Service Commission, the Pollution Control Board, the | ||||||
| 15 | Illinois Racing Board, and the Illinois Department of State | ||||||
| 16 | Police Merit Board. | ||||||
| 17 | (r) "Supervisor" is: | ||||||
| 18 | (1) An employee whose principal work is substantially
| ||||||
| 19 | different from that of his or her subordinates and who has | ||||||
| 20 | authority, in the
interest of the employer, to hire, | ||||||
| 21 | transfer, suspend, lay off, recall,
promote, discharge, | ||||||
| 22 | direct, reward, or discipline employees, to adjust
their | ||||||
| 23 | grievances, or to effectively recommend any of those | ||||||
| 24 | actions, if the
exercise
of that authority is not of a | ||||||
| 25 | merely routine or clerical nature, but
requires the | ||||||
| 26 | consistent use of independent judgment. Except with | ||||||
| |||||||
| |||||||
| 1 | respect to
police employment, the term "supervisor" | ||||||
| 2 | includes only those individuals
who devote a preponderance | ||||||
| 3 | of their employment time to exercising that
authority, | ||||||
| 4 | State supervisors notwithstanding. Nothing in this | ||||||
| 5 | definition prohibits an individual from also meeting the | ||||||
| 6 | definition of "managerial employee" under subsection (j) | ||||||
| 7 | of this Section. In addition, in determining
supervisory | ||||||
| 8 | status in police employment, rank shall not be | ||||||
| 9 | determinative.
The Board shall consider, as evidence of | ||||||
| 10 | bargaining unit inclusion or
exclusion, the common law | ||||||
| 11 | enforcement policies and relationships between
police | ||||||
| 12 | officer ranks and certification under applicable civil | ||||||
| 13 | service law,
ordinances, personnel codes, or Division 2.1 | ||||||
| 14 | of Article 10 of the Illinois
Municipal Code, but these | ||||||
| 15 | factors shall not
be the sole or predominant factors | ||||||
| 16 | considered by the Board in determining
police supervisory | ||||||
| 17 | status.
| ||||||
| 18 | Notwithstanding the provisions of the preceding | ||||||
| 19 | paragraph, in determining
supervisory status in fire | ||||||
| 20 | fighter employment, no fire fighter shall be
excluded as a | ||||||
| 21 | supervisor who has established representation rights under
| ||||||
| 22 | Section 9 of this Act. Further, in new fire fighter units, | ||||||
| 23 | employees shall
consist of fire fighters of the rank of | ||||||
| 24 | company officer and below. If a company officer otherwise | ||||||
| 25 | qualifies as a supervisor under the preceding paragraph, | ||||||
| 26 | however, he or she shall
not be included in the fire | ||||||
| |||||||
| |||||||
| 1 | fighter
unit. If there is no rank between that of chief and | ||||||
| 2 | the
highest company officer, the employer may designate a | ||||||
| 3 | position on each
shift as a Shift Commander, and the | ||||||
| 4 | persons occupying those positions shall
be supervisors. | ||||||
| 5 | All other ranks above that of company officer shall be
| ||||||
| 6 | supervisors.
| ||||||
| 7 | (2) With respect only to State employees in positions | ||||||
| 8 | under the jurisdiction of the Attorney General, Secretary | ||||||
| 9 | of State, Comptroller, or Treasurer (i) that were certified | ||||||
| 10 | in a bargaining unit on or after December 2, 2008, (ii) for | ||||||
| 11 | which a petition is filed with the Illinois Public Labor | ||||||
| 12 | Relations Board on or after April 5, 2013 (the effective | ||||||
| 13 | date of Public Act 97-1172), or (iii) for which a petition | ||||||
| 14 | is pending before the Illinois Public Labor Relations Board | ||||||
| 15 | on that date, an employee who qualifies as a supervisor | ||||||
| 16 | under (A) Section 152 of the National Labor Relations Act | ||||||
| 17 | and (B) orders of the National Labor Relations Board | ||||||
| 18 | interpreting that provision or decisions of courts | ||||||
| 19 | reviewing decisions of the National Labor Relations Board. | ||||||
| 20 | (s)(1) "Unit" means a class of jobs or positions that are | ||||||
| 21 | held by
employees whose collective interests may suitably be | ||||||
| 22 | represented by a labor
organization for collective bargaining. | ||||||
| 23 | Except with respect to non-State fire
fighters and paramedics | ||||||
| 24 | employed by fire departments and fire protection
districts, | ||||||
| 25 | non-State peace officers, and peace officers in the Illinois | ||||||
| 26 | Department of State Police, a bargaining unit determined by the | ||||||
| |||||||
| |||||||
| 1 | Board shall not include both
employees and supervisors, or | ||||||
| 2 | supervisors only, except as provided in paragraph
(2) of this | ||||||
| 3 | subsection (s) and except for bargaining units in existence on | ||||||
| 4 | July
1, 1984 (the effective date of this Act). With respect to | ||||||
| 5 | non-State fire
fighters and paramedics employed by fire | ||||||
| 6 | departments and fire protection
districts, non-State peace | ||||||
| 7 | officers, and peace officers in the Illinois Department of | ||||||
| 8 | State Police, a bargaining unit determined by the Board shall | ||||||
| 9 | not include both
supervisors and nonsupervisors, or | ||||||
| 10 | supervisors only, except as provided in
paragraph (2) of this | ||||||
| 11 | subsection (s) and except for bargaining units in
existence on | ||||||
| 12 | January 1, 1986 (the effective date of this amendatory Act of
| ||||||
| 13 | 1985). A bargaining unit determined by the Board to contain | ||||||
| 14 | peace officers
shall contain no employees other than peace | ||||||
| 15 | officers unless otherwise agreed to
by the employer and the | ||||||
| 16 | labor organization or labor organizations involved.
| ||||||
| 17 | Notwithstanding any other provision of this Act, a bargaining | ||||||
| 18 | unit, including a
historical bargaining unit, containing sworn | ||||||
| 19 | peace officers of the Department
of Natural Resources (formerly | ||||||
| 20 | designated the Department of Conservation) shall
contain no | ||||||
| 21 | employees other than such sworn peace officers upon the | ||||||
| 22 | effective
date of this amendatory Act of 1990 or upon the | ||||||
| 23 | expiration date of any
collective bargaining agreement in | ||||||
| 24 | effect upon the effective date of this
amendatory Act of 1990 | ||||||
| 25 | covering both such sworn peace officers and other
employees.
| ||||||
| 26 | (2) Notwithstanding the exclusion of supervisors from | ||||||
| |||||||
| |||||||
| 1 | bargaining units
as provided in paragraph (1) of this | ||||||
| 2 | subsection (s), a public
employer may agree to permit its | ||||||
| 3 | supervisory employees to form bargaining units
and may bargain | ||||||
| 4 | with those units. This Act shall apply if the public employer
| ||||||
| 5 | chooses to bargain under this subsection.
| ||||||
| 6 | (3) Public employees who are court reporters, as defined
in | ||||||
| 7 | the Court Reporters Act,
shall be divided into 3 units for | ||||||
| 8 | collective bargaining purposes. One unit
shall be court | ||||||
| 9 | reporters employed by the Cook County Judicial Circuit; one
| ||||||
| 10 | unit shall be court reporters employed by the 12th, 18th, 19th, | ||||||
| 11 | and, on and after December 4, 2006, the 22nd judicial
circuits; | ||||||
| 12 | and one unit shall be court reporters employed by all other
| ||||||
| 13 | judicial circuits.
| ||||||
| 14 | (t) "Active petition for certification in a bargaining | ||||||
| 15 | unit" means a petition for certification filed with the Board | ||||||
| 16 | under one of the following case numbers: S-RC-11-110; | ||||||
| 17 | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | ||||||
| 18 | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | ||||||
| 19 | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | ||||||
| 20 | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | ||||||
| 21 | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | ||||||
| 22 | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | ||||||
| 23 | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | ||||||
| 24 | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | ||||||
| 25 | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | ||||||
| 26 | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | ||||||
| |||||||
| |||||||
| 1 | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | ||||||
| 2 | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | ||||||
| 3 | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | ||||||
| 4 | S-RC-07-100. | ||||||
| 5 | (Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
| ||||||
| 6 | (5 ILCS 315/6.1) | ||||||
| 7 | Sec. 6.1. Gubernatorial designation of certain public | ||||||
| 8 | employment positions as excluded from collective bargaining. | ||||||
| 9 | (a) Notwithstanding any provision of this Act to the | ||||||
| 10 | contrary, except subsections (e) and (f) of this Section, the | ||||||
| 11 | Governor is authorized to designate up to 3,580 State | ||||||
| 12 | employment positions collectively within State agencies | ||||||
| 13 | directly responsible to the Governor, and, upon designation, | ||||||
| 14 | those positions and employees in those positions, if any, are | ||||||
| 15 | hereby excluded from the self-organization and collective | ||||||
| 16 | bargaining provisions of Section 6 of this Act. Only those | ||||||
| 17 | employment positions that have been certified in a bargaining | ||||||
| 18 | unit on or after December 2, 2008, that have a pending petition | ||||||
| 19 | for certification in a bargaining unit on April 5, 2013 (the | ||||||
| 20 | effective date of Public Act 97-1172), or that neither have | ||||||
| 21 | been certified in a bargaining unit on or after December 2, | ||||||
| 22 | 2008 nor have a pending petition for certification in a | ||||||
| 23 | bargaining unit on the effective date of this amendatory Act of | ||||||
| 24 | the 97th General Assembly are eligible to be designated by the | ||||||
| 25 | Governor under this Section. The Governor may not designate | ||||||
| |||||||
| |||||||
| 1 | under this Section, however, more than 1,900 employment | ||||||
| 2 | positions that have been certified in a bargaining unit on or | ||||||
| 3 | after December 2, 2008. | ||||||
| 4 | (b) In order to properly designate a State employment | ||||||
| 5 | position under this Section, the Governor shall provide in | ||||||
| 6 | writing to the Board: the job title and job duties of the | ||||||
| 7 | employment position; the name of the State employee currently | ||||||
| 8 | in the employment position, if any; the name of the State | ||||||
| 9 | agency employing the public employee; and the category under | ||||||
| 10 | which the position qualifies for designation under this | ||||||
| 11 | Section. | ||||||
| 12 | To qualify for designation under this Section, the | ||||||
| 13 | employment position must meet one or more of the following | ||||||
| 14 | requirements: | ||||||
| 15 | (1) it must authorize an employee in that position to | ||||||
| 16 | act as a legislative liaison; | ||||||
| 17 | (2) it must have a title of, or authorize a person who | ||||||
| 18 | holds that position to exercise substantially similar | ||||||
| 19 | duties as an, Agency General Counsel, Agency Chief of | ||||||
| 20 | Staff, Agency Executive Director, Agency Deputy Director, | ||||||
| 21 | Agency Chief Fiscal Officer, Agency Human Resources | ||||||
| 22 | Director, Senior Public Service Administrator, Public | ||||||
| 23 | Information Officer, or Chief Information Officer; | ||||||
| 24 | (3) it must be a Rutan-exempt, as designated by the | ||||||
| 25 | employer, position and completely exempt from jurisdiction | ||||||
| 26 | B of the Personnel Code; | ||||||
| |||||||
| |||||||
| 1 | (4) it must be a term appointed position pursuant to | ||||||
| 2 | Section 8b.18 or 8b.19 of the Personnel Code; or | ||||||
| 3 | (5) it must authorize an employee in that position to | ||||||
| 4 | have significant and independent discretionary authority | ||||||
| 5 | as an employee. | ||||||
| 6 | Within 60 days after the Governor makes a designation under | ||||||
| 7 | this Section, the Board shall determine, in a manner that is | ||||||
| 8 | consistent with the requirements of due process, whether the | ||||||
| 9 | designation comports with the requirements of this Section. | ||||||
| 10 | (c) For the purposes of this Section, a person has | ||||||
| 11 | significant and independent discretionary authority as an | ||||||
| 12 | employee if he or she (i) is engaged in executive and | ||||||
| 13 | management functions of a State agency and charged with the | ||||||
| 14 | effectuation of management policies and practices of a State | ||||||
| 15 | agency or represents management interests by taking or | ||||||
| 16 | recommending discretionary actions that effectively control or | ||||||
| 17 | implement the policy of a State agency or (ii) qualifies as a | ||||||
| 18 | supervisor of a State agency as that term is defined under | ||||||
| 19 | Section 152 of the National Labor Relations Act or any orders | ||||||
| 20 | of the National Labor Relations Board interpreting that | ||||||
| 21 | provision or decisions of courts reviewing decisions of the | ||||||
| 22 | National Labor Relations Board. | ||||||
| 23 | (d) The Governor must exercise the authority afforded under | ||||||
| 24 | this Section within 365 calendar days after April 5, 2013 (the | ||||||
| 25 | effective date of Public Act 97-1172). Any designation made by | ||||||
| 26 | the Governor under this Section shall be presumed to have been | ||||||
| |||||||
| |||||||
| 1 | properly made. | ||||||
| 2 | If the Governor chooses not to designate a position under | ||||||
| 3 | this Section, then that decision does not preclude a State | ||||||
| 4 | agency from otherwise challenging the certification of that | ||||||
| 5 | position under this Act. | ||||||
| 6 | The qualifying categories set forth in paragraphs (1) | ||||||
| 7 | through (5) of subsection (b) of this Section are operative and | ||||||
| 8 | function solely within this Section and do not expand or | ||||||
| 9 | restrict the scope of any other provision contained in this | ||||||
| 10 | Act.
| ||||||
| 11 | (e) The provisions of this Section do not apply to any | ||||||
| 12 | employee who is employed by a public employer and who is | ||||||
| 13 | classified as, or holds the employment title of, Chief | ||||||
| 14 | Stationary Engineer, Assistant Chief Stationary Engineer, | ||||||
| 15 | Sewage Plant Operator, Water Plant Operator, Stationary | ||||||
| 16 | Engineer, Plant Operating Engineer, and any employee who holds | ||||||
| 17 | the position of: Civil Engineer V, Civil Engineer VI, Civil | ||||||
| 18 | Engineer VII, Technical Manager I, Technical Manager II, | ||||||
| 19 | Technical Manager III, Technical Manager IV, Technical Manager | ||||||
| 20 | V, Technical Manager VI, Realty Specialist III, Realty | ||||||
| 21 | Specialist IV, Realty Specialist V, Technical Advisor I, | ||||||
| 22 | Technical Advisor II, Technical Advisor III, Technical Advisor | ||||||
| 23 | IV, or Technical Advisor V employed by the Department of | ||||||
| 24 | Transportation who is in a position which is certified in a | ||||||
| 25 | bargaining unit on or before the effective date of this | ||||||
| 26 | amendatory Act of the 98th General Assembly. | ||||||
| |||||||
| |||||||
| 1 | (f) The provisions of this Section also do not apply to any | ||||||
| 2 | mental health administrator in the Department of Corrections | ||||||
| 3 | who is classified as or who holds the position of Public | ||||||
| 4 | Service Administrator (Option 8K), any employee of the Office | ||||||
| 5 | of the Inspector General in the Department of Human Services | ||||||
| 6 | who is classified as or who holds the position of Public | ||||||
| 7 | Service Administrator (Option 7), any Deputy of Intelligence in | ||||||
| 8 | the Department of Corrections who is classified as or who holds | ||||||
| 9 | the position of Public Service Administrator (Option 7), or any | ||||||
| 10 | employee of the Illinois Department of State Police who handles | ||||||
| 11 | issues concerning the Illinois State Police Sex Offender | ||||||
| 12 | Registry and who is classified as or holds the position of | ||||||
| 13 | Public Service Administrator (Option 7). | ||||||
| 14 | (Source: P.A. 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
| ||||||
| 15 | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| ||||||
| 16 | Sec. 9. Elections; recognition.
| ||||||
| 17 | (a) Whenever in accordance with such
regulations as may be | ||||||
| 18 | prescribed by the Board a petition has been filed:
| ||||||
| 19 | (1) by a public employee or group of public employees | ||||||
| 20 | or any labor
organization acting in their behalf | ||||||
| 21 | demonstrating that 30% of the public
employees in an | ||||||
| 22 | appropriate unit (A) wish to be represented for the
| ||||||
| 23 | purposes of collective bargaining by a labor organization | ||||||
| 24 | as exclusive
representative, or (B) asserting that the | ||||||
| 25 | labor organization which has been
certified or is currently | ||||||
| |||||||
| |||||||
| 1 | recognized by the public employer as bargaining
| ||||||
| 2 | representative is no longer the representative of the | ||||||
| 3 | majority of public
employees in the unit; or
| ||||||
| 4 | (2) by a public employer alleging that one or more | ||||||
| 5 | labor organizations
have presented to it a claim that they | ||||||
| 6 | be recognized as the representative
of a majority of the | ||||||
| 7 | public employees in an appropriate unit,
| ||||||
| 8 | the Board
shall investigate such petition, and if it has | ||||||
| 9 | reasonable cause to believe
that a question of representation | ||||||
| 10 | exists, shall provide for an appropriate
hearing upon due | ||||||
| 11 | notice. Such hearing shall be held at the offices of
the Board | ||||||
| 12 | or such other location as the Board deems appropriate.
If it | ||||||
| 13 | finds upon the record of the hearing that a question of
| ||||||
| 14 | representation exists, it shall direct an election in | ||||||
| 15 | accordance with
subsection (d) of this Section, which election | ||||||
| 16 | shall be held not later than
120 days after the date the | ||||||
| 17 | petition was filed regardless of whether that
petition was | ||||||
| 18 | filed before or after the effective date of this amendatory
Act | ||||||
| 19 | of 1987; provided, however, the Board may extend the time for | ||||||
| 20 | holding an
election by an additional 60 days if, upon motion by | ||||||
| 21 | a person who has filed
a petition under this Section or is the | ||||||
| 22 | subject of a petition filed under
this Section and is a party | ||||||
| 23 | to such hearing, or upon the Board's own
motion, the Board | ||||||
| 24 | finds that good cause has been shown for extending the
election | ||||||
| 25 | date; provided further, that nothing in this Section shall | ||||||
| 26 | prohibit
the Board, in its discretion, from extending the time | ||||||
| |||||||
| |||||||
| 1 | for holding an
election for so long as may be necessary under | ||||||
| 2 | the circumstances, where the
purpose for such extension is to | ||||||
| 3 | permit resolution by the Board of an
unfair labor practice | ||||||
| 4 | charge filed by one of the parties to a
representational | ||||||
| 5 | proceeding against the other based upon conduct which may
| ||||||
| 6 | either affect the existence of a question concerning | ||||||
| 7 | representation or have
a tendency to interfere with a fair and | ||||||
| 8 | free election, where the party
filing the charge has not filed | ||||||
| 9 | a request to proceed with the election; and
provided further | ||||||
| 10 | that prior to the expiration of the total time allotted
for | ||||||
| 11 | holding an election, a person who has filed a petition under | ||||||
| 12 | this
Section or is the subject of a petition filed under this | ||||||
| 13 | Section and is a
party to such hearing or the Board, may move | ||||||
| 14 | for and obtain the entry
of an order in the circuit court of | ||||||
| 15 | the county in which the majority of the
public employees sought | ||||||
| 16 | to be represented by such person reside, such order
extending | ||||||
| 17 | the date upon which the election shall be held. Such order | ||||||
| 18 | shall
be issued by the circuit court only upon a judicial | ||||||
| 19 | finding that there has
been a sufficient showing that there is | ||||||
| 20 | good cause to extend the election
date beyond such period and | ||||||
| 21 | shall require the Board to hold the
election as soon as is | ||||||
| 22 | feasible given the totality of the circumstances.
Such 120 day | ||||||
| 23 | period may be extended one or more times by the agreement
of | ||||||
| 24 | all parties to the hearing to a date certain without the | ||||||
| 25 | necessity of
obtaining a court order. Nothing in this Section | ||||||
| 26 | prohibits the waiving
of hearings by stipulation for the | ||||||
| |||||||
| |||||||
| 1 | purpose of a consent election in conformity
with the rules and | ||||||
| 2 | regulations of the Board or an election in a unit agreed
upon | ||||||
| 3 | by the parties. Other interested employee organizations may | ||||||
| 4 | intervene
in the proceedings in the manner and within the time | ||||||
| 5 | period specified by
rules and regulations of the Board. | ||||||
| 6 | Interested parties who are necessary
to the proceedings may | ||||||
| 7 | also intervene in the proceedings in the manner and
within the | ||||||
| 8 | time period specified by the rules and regulations of the | ||||||
| 9 | Board.
| ||||||
| 10 | (a-5) The Board shall designate an exclusive | ||||||
| 11 | representative for purposes
of
collective bargaining when the | ||||||
| 12 | representative demonstrates a showing of
majority interest by | ||||||
| 13 | employees in the unit. If the parties to a dispute are
without
| ||||||
| 14 | agreement on the means to ascertain the choice, if any, of | ||||||
| 15 | employee
organization
as their representative, the Board shall | ||||||
| 16 | ascertain the employees' choice of
employee organization, on | ||||||
| 17 | the basis of dues deduction authorization or other
evidence, | ||||||
| 18 | or, if necessary, by conducting an election. All evidence | ||||||
| 19 | submitted by an employee organization to the Board to ascertain | ||||||
| 20 | an employee's choice of an employee organization is | ||||||
| 21 | confidential and shall not be submitted to the employer for | ||||||
| 22 | review. The Board shall ascertain the employee's choice of | ||||||
| 23 | employee organization within 120 days after the filing of the | ||||||
| 24 | majority interest petition; however, the Board may extend time | ||||||
| 25 | by an additional 60 days, upon its own motion or upon the | ||||||
| 26 | motion of a party to the proceeding. If either party provides
| ||||||
| |||||||
| |||||||
| 1 | to the Board, before the designation of a representative, clear | ||||||
| 2 | and convincing
evidence that the dues deduction | ||||||
| 3 | authorizations, and other evidence upon which
the Board would | ||||||
| 4 | otherwise rely to ascertain the employees' choice of
| ||||||
| 5 | representative, are fraudulent or were obtained through | ||||||
| 6 | coercion, the Board
shall promptly thereafter conduct an | ||||||
| 7 | election. The Board shall also investigate
and consider a | ||||||
| 8 | party's allegations that the dues deduction authorizations and
| ||||||
| 9 | other evidence submitted in support of a designation of | ||||||
| 10 | representative without
an election were subsequently changed, | ||||||
| 11 | altered, withdrawn, or withheld as a
result of employer fraud, | ||||||
| 12 | coercion, or any other unfair labor practice by the
employer. | ||||||
| 13 | If the Board determines that a labor organization would have | ||||||
| 14 | had a
majority interest but for an employer's fraud, coercion, | ||||||
| 15 | or unfair labor
practice, it shall designate the labor | ||||||
| 16 | organization as an exclusive
representative without conducting | ||||||
| 17 | an
election. If a hearing is necessary to resolve any issues of | ||||||
| 18 | representation under this Section, the Board shall conclude its | ||||||
| 19 | hearing process and issue a certification of the entire | ||||||
| 20 | appropriate unit not later than 120 days after the date the | ||||||
| 21 | petition was filed. The 120-day period may be extended one or | ||||||
| 22 | more times by the agreement of all parties to a hearing to a | ||||||
| 23 | date certain.
| ||||||
| 24 | (a-6) A labor organization or an employer may file a unit | ||||||
| 25 | clarification petition seeking to clarify an existing | ||||||
| 26 | bargaining unit. The Board shall conclude its investigation, | ||||||
| |||||||
| |||||||
| 1 | including any hearing process deemed necessary, and issue a | ||||||
| 2 | certification of clarified unit or dismiss the petition not | ||||||
| 3 | later than 120 days after the date the petition was filed. The | ||||||
| 4 | 120-day period may be extended one or more times by the | ||||||
| 5 | agreement of all parties to a hearing to a date certain. | ||||||
| 6 | (b) The Board shall decide in each case, in order to assure | ||||||
| 7 | public employees
the fullest freedom in exercising the rights | ||||||
| 8 | guaranteed by this Act, a unit
appropriate for the purpose of | ||||||
| 9 | collective bargaining, based upon but not
limited to such | ||||||
| 10 | factors as: historical pattern of recognition; community
of | ||||||
| 11 | interest including employee skills and functions; degree of | ||||||
| 12 | functional
integration; interchangeability and contact among | ||||||
| 13 | employees; fragmentation
of employee groups; common | ||||||
| 14 | supervision, wages, hours and other working
conditions of the | ||||||
| 15 | employees involved; and the desires of the employees.
For | ||||||
| 16 | purposes of this subsection, fragmentation shall not be the | ||||||
| 17 | sole or
predominant factor used by the Board in determining an | ||||||
| 18 | appropriate
bargaining unit. Except with respect to non-State | ||||||
| 19 | fire fighters and
paramedics employed by fire departments and | ||||||
| 20 | fire protection districts,
non-State peace officers and peace | ||||||
| 21 | officers in the Illinois State
Department of State Police, a | ||||||
| 22 | single bargaining unit determined by the
Board may not include | ||||||
| 23 | both supervisors and nonsupervisors, except for
bargaining | ||||||
| 24 | units in existence on the effective date of this Act. With
| ||||||
| 25 | respect to non-State fire fighters and paramedics employed by | ||||||
| 26 | fire
departments and fire protection districts, non-State | ||||||
| |||||||
| |||||||
| 1 | peace officers and
peace officers in the Illinois State | ||||||
| 2 | Department of State Police, a single bargaining
unit determined | ||||||
| 3 | by the Board may not include both supervisors and
| ||||||
| 4 | nonsupervisors, except for bargaining units in existence on the | ||||||
| 5 | effective
date of this amendatory Act of 1985.
| ||||||
| 6 | In cases involving an historical pattern of recognition, | ||||||
| 7 | and in cases where
the employer has recognized the union as the | ||||||
| 8 | sole and exclusive bargaining
agent for a specified existing | ||||||
| 9 | unit, the Board shall find the employees
in the unit then | ||||||
| 10 | represented by the union pursuant to the recognition to
be the | ||||||
| 11 | appropriate unit.
| ||||||
| 12 | Notwithstanding the above factors, where the majority of | ||||||
| 13 | public employees
of a craft so decide, the Board shall | ||||||
| 14 | designate such craft as a unit
appropriate for the purposes of | ||||||
| 15 | collective bargaining.
| ||||||
| 16 | The Board shall not decide that any unit is appropriate if | ||||||
| 17 | such unit
includes both professional and nonprofessional | ||||||
| 18 | employees, unless a majority
of each group votes for inclusion | ||||||
| 19 | in such unit.
| ||||||
| 20 | (c) Nothing in this Act shall interfere with or negate the | ||||||
| 21 | current
representation rights or patterns and practices of | ||||||
| 22 | labor organizations
which have historically represented public | ||||||
| 23 | employees for the purpose of
collective bargaining, including | ||||||
| 24 | but not limited to the negotiations of
wages, hours and working | ||||||
| 25 | conditions, discussions of employees' grievances,
resolution | ||||||
| 26 | of jurisdictional disputes, or the establishment and | ||||||
| |||||||
| |||||||
| 1 | maintenance
of prevailing wage rates, unless a majority of | ||||||
| 2 | employees so represented
express a contrary desire pursuant to | ||||||
| 3 | the procedures set forth in this Act.
| ||||||
| 4 | (d) In instances where the employer does not voluntarily | ||||||
| 5 | recognize a labor
organization as the exclusive bargaining | ||||||
| 6 | representative for a unit of
employees, the Board shall | ||||||
| 7 | determine the majority representative of the
public employees | ||||||
| 8 | in an appropriate collective bargaining unit by conducting
a | ||||||
| 9 | secret ballot election, except as otherwise provided in | ||||||
| 10 | subsection (a-5).
Within 7 days after the Board issues its
| ||||||
| 11 | bargaining unit determination and direction of election or the | ||||||
| 12 | execution of
a stipulation for the purpose of a consent | ||||||
| 13 | election, the public employer
shall submit to the labor | ||||||
| 14 | organization the complete names and addresses of
those | ||||||
| 15 | employees who are determined by the Board to be eligible to
| ||||||
| 16 | participate in the election. When the Board has determined that | ||||||
| 17 | a labor
organization has been fairly and freely chosen by a | ||||||
| 18 | majority of employees
in an appropriate unit, it shall certify | ||||||
| 19 | such organization as the exclusive
representative. If the Board | ||||||
| 20 | determines that a majority of employees in an
appropriate unit | ||||||
| 21 | has fairly and freely chosen not to be represented by a
labor | ||||||
| 22 | organization, it shall so certify. The Board may also revoke | ||||||
| 23 | the
certification of the public employee organizations as | ||||||
| 24 | exclusive bargaining
representatives which have been found by a | ||||||
| 25 | secret ballot election to be no
longer the majority | ||||||
| 26 | representative.
| ||||||
| |||||||
| |||||||
| 1 | (e) The Board shall not conduct an election in any | ||||||
| 2 | bargaining unit or
any subdivision thereof within which a valid | ||||||
| 3 | election has been held in the
preceding 12-month period. The | ||||||
| 4 | Board shall determine who is eligible to
vote in an election | ||||||
| 5 | and shall establish rules governing the conduct of the
election | ||||||
| 6 | or conduct affecting the results of the election. The Board | ||||||
| 7 | shall
include on a ballot in a representation election a choice | ||||||
| 8 | of "no
representation". A labor organization currently | ||||||
| 9 | representing the bargaining
unit of employees shall be placed | ||||||
| 10 | on the ballot in any representation
election. In any election | ||||||
| 11 | where none of the choices on the ballot receives
a majority, a | ||||||
| 12 | runoff election shall be conducted between the 2 choices
| ||||||
| 13 | receiving the largest number of valid votes cast in the | ||||||
| 14 | election. A labor
organization which receives a majority of the | ||||||
| 15 | votes cast in an election
shall be certified by the Board as | ||||||
| 16 | exclusive representative of all public
employees in the unit.
| ||||||
| 17 | (f) A labor
organization shall be designated as the | ||||||
| 18 | exclusive representative by a
public employer, provided that | ||||||
| 19 | the labor
organization represents a majority of the public | ||||||
| 20 | employees in an
appropriate unit. Any employee organization | ||||||
| 21 | which is designated or selected
by the majority of public | ||||||
| 22 | employees, in a unit of the public employer
having no other | ||||||
| 23 | recognized or certified representative, as their
| ||||||
| 24 | representative for purposes of collective bargaining may | ||||||
| 25 | request
recognition by the public employer in writing. The | ||||||
| 26 | public employer shall
post such request for a period of at | ||||||
| |||||||
| |||||||
| 1 | least 20 days following its receipt
thereof on bulletin boards | ||||||
| 2 | or other places used or reserved for employee
notices.
| ||||||
| 3 | (g) Within the 20-day period any other interested employee | ||||||
| 4 | organization
may petition the Board in the manner specified by | ||||||
| 5 | rules and regulations
of the Board, provided that such | ||||||
| 6 | interested employee organization has been
designated by at | ||||||
| 7 | least 10% of the employees in an appropriate bargaining
unit | ||||||
| 8 | which includes all or some of the employees in the unit | ||||||
| 9 | recognized
by the employer. In such event, the Board shall | ||||||
| 10 | proceed with the petition
in the same manner as provided by | ||||||
| 11 | paragraph (1) of subsection (a) of this
Section.
| ||||||
| 12 | (h) No election shall be directed by the Board in any | ||||||
| 13 | bargaining unit
where there is in force a valid collective | ||||||
| 14 | bargaining agreement. The Board,
however, may process an | ||||||
| 15 | election petition filed between 90 and 60 days prior
to the | ||||||
| 16 | expiration of the date of an agreement, and may further refine, | ||||||
| 17 | by
rule or decision, the implementation of this provision.
| ||||||
| 18 | Where more than 4 years have elapsed since the effective date | ||||||
| 19 | of the agreement,
the agreement shall continue to bar an | ||||||
| 20 | election, except that the Board may
process an election | ||||||
| 21 | petition filed between 90 and 60 days prior to the end of
the | ||||||
| 22 | fifth year of such an agreement, and between 90 and 60 days | ||||||
| 23 | prior to the
end of each successive year of such agreement.
| ||||||
| 24 | (i) An order of the Board dismissing a representation | ||||||
| 25 | petition,
determining and certifying that a labor organization | ||||||
| 26 | has been fairly and
freely chosen by a majority of employees in | ||||||
| |||||||
| |||||||
| 1 | an appropriate bargaining unit,
determining and certifying | ||||||
| 2 | that a labor organization has not been fairly
and freely chosen | ||||||
| 3 | by a majority of employees in the bargaining unit or
certifying | ||||||
| 4 | a labor organization as the exclusive representative of
| ||||||
| 5 | employees in an appropriate bargaining unit because of a | ||||||
| 6 | determination by
the Board that the labor organization is the | ||||||
| 7 | historical bargaining
representative of employees in the | ||||||
| 8 | bargaining unit, is a final order. Any
person aggrieved by any | ||||||
| 9 | such order issued on or after the effective date of
this | ||||||
| 10 | amendatory Act of 1987 may apply for and obtain judicial review | ||||||
| 11 | in
accordance with provisions of the Administrative Review Law, | ||||||
| 12 | as now or
hereafter amended, except that such review shall be | ||||||
| 13 | afforded directly in
the Appellate Court for the district in | ||||||
| 14 | which the aggrieved party resides
or transacts business.
Any | ||||||
| 15 | direct appeal to the Appellate Court shall be filed within 35 | ||||||
| 16 | days from
the date that a copy of the decision sought to be | ||||||
| 17 | reviewed was served upon the
party affected by the decision.
| ||||||
| 18 | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| ||||||
| 19 | Section 25. The State Employee Indemnification Act is | ||||||
| 20 | amended by changing Section 1 as follows:
| ||||||
| 21 | (5 ILCS 350/1) (from Ch. 127, par. 1301)
| ||||||
| 22 | Sec. 1. Definitions. For the purpose of this Act:
| ||||||
| 23 | (a) The term "State" means the State of Illinois, the | ||||||
| 24 | General
Assembly, the court, or any State office, department, | ||||||
| |||||||
| |||||||
| 1 | division, bureau,
board, commission, or committee, the | ||||||
| 2 | governing boards of the public
institutions of higher education | ||||||
| 3 | created by the State, the Illinois
National Guard, the Illinois | ||||||
| 4 | State Guard, the Comprehensive Health Insurance Board, any | ||||||
| 5 | poison control
center designated under the Poison Control | ||||||
| 6 | System Act that receives State
funding, or any other agency or | ||||||
| 7 | instrumentality of the State. It
does not mean any local public | ||||||
| 8 | entity as that term is defined in Section
1-206 of the Local | ||||||
| 9 | Governmental and Governmental Employees Tort Immunity
Act or a | ||||||
| 10 | pension fund.
| ||||||
| 11 | (b) The term "employee" means: any present or former | ||||||
| 12 | elected or
appointed officer, trustee or employee of the State, | ||||||
| 13 | or of a pension
fund;
any present or former commissioner or | ||||||
| 14 | employee of the Executive Ethics
Commission or of the | ||||||
| 15 | Legislative Ethics Commission; any present or former
| ||||||
| 16 | Executive, Legislative, or Auditor General's Inspector | ||||||
| 17 | General; any present or
former employee of an Office of an | ||||||
| 18 | Executive, Legislative, or Auditor General's
Inspector | ||||||
| 19 | General; any present or former member of the Illinois National
| ||||||
| 20 | Guard
while on active duty; any present or former member of the | ||||||
| 21 | Illinois State
Guard
while on State active duty; individuals or | ||||||
| 22 | organizations who contract with the
Department of Corrections, | ||||||
| 23 | the Department of Juvenile Justice, the Comprehensive Health | ||||||
| 24 | Insurance Board, or the
Department of Veterans' Affairs to | ||||||
| 25 | provide services; individuals or
organizations who contract | ||||||
| 26 | with the Department of Human Services (as
successor to the | ||||||
| |||||||
| |||||||
| 1 | Department of Mental Health and Developmental
Disabilities) to | ||||||
| 2 | provide services including but not limited to treatment and
| ||||||
| 3 | other services for sexually violent persons; individuals or | ||||||
| 4 | organizations who
contract with the Department of
Military
| ||||||
| 5 | Affairs for youth programs; individuals or
organizations who | ||||||
| 6 | contract to perform carnival and amusement ride safety
| ||||||
| 7 | inspections for the Department of Labor; individuals who | ||||||
| 8 | contract with the Office of the State's Attorneys Appellate | ||||||
| 9 | Prosecutor to provide legal services, but only when performing | ||||||
| 10 | duties within the scope of the Office's prosecutorial | ||||||
| 11 | activities; individual representatives of or
designated | ||||||
| 12 | organizations authorized to represent the Office of State | ||||||
| 13 | Long-Term
Ombudsman for the Department on Aging; individual | ||||||
| 14 | representatives of or
organizations designated by the | ||||||
| 15 | Department on Aging in the performance of their
duties as adult | ||||||
| 16 | protective services agencies or regional administrative | ||||||
| 17 | agencies
under the Adult Protective Services Act; individuals | ||||||
| 18 | or organizations appointed as members of a review team or the | ||||||
| 19 | Advisory Council under the Adult Protective Services Act; | ||||||
| 20 | individuals or organizations who perform
volunteer services | ||||||
| 21 | for the State where such volunteer relationship is reduced
to | ||||||
| 22 | writing; individuals who serve on any public entity (whether | ||||||
| 23 | created by law
or administrative action) described in paragraph | ||||||
| 24 | (a) of this Section; individuals or not for profit | ||||||
| 25 | organizations who, either as volunteers, where
such volunteer | ||||||
| 26 | relationship is reduced to writing, or pursuant to contract,
| ||||||
| |||||||
| |||||||
| 1 | furnish professional advice or consultation to any agency or | ||||||
| 2 | instrumentality of
the State; individuals who serve as foster | ||||||
| 3 | parents for the Department of
Children and Family Services when | ||||||
| 4 | caring for youth in care as defined in Section 4d of the | ||||||
| 5 | Children and Family Services Act; individuals who serve as | ||||||
| 6 | members of an independent team of experts under the | ||||||
| 7 | Developmental Disability and Mental Health Safety Act (also | ||||||
| 8 | known as Brian's Law); and individuals
who serve as arbitrators | ||||||
| 9 | pursuant to Part 10A of
Article II of the Code of Civil | ||||||
| 10 | Procedure and the rules of the Supreme Court
implementing Part | ||||||
| 11 | 10A, each as now or hereafter amended; the term "employee" does | ||||||
| 12 | not mean an
independent contractor except as provided in this | ||||||
| 13 | Section. The term includes an
individual appointed as an | ||||||
| 14 | inspector by the Director of the Illinois State Police when
| ||||||
| 15 | performing duties within the scope of the activities of a | ||||||
| 16 | Metropolitan
Enforcement Group or a law enforcement | ||||||
| 17 | organization established under the
Intergovernmental | ||||||
| 18 | Cooperation Act. An individual who renders professional
advice | ||||||
| 19 | and consultation to the State through an organization which | ||||||
| 20 | qualifies as
an "employee" under the Act is also an employee. | ||||||
| 21 | The term includes the estate
or personal representative of an | ||||||
| 22 | employee.
| ||||||
| 23 | (c) The term "pension fund" means a retirement system or | ||||||
| 24 | pension
fund created under the Illinois Pension Code.
| ||||||
| 25 | (Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18; | ||||||
| 26 | 101-81, eff. 7-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 30. The State Services Assurance Act for FY2008 is | ||||||
| 2 | amended by changing Section 3-15 as follows:
| ||||||
| 3 | (5 ILCS 382/3-15)
| ||||||
| 4 | Sec. 3-15. Staffing standards. On or before July 1, 2008 | ||||||
| 5 | each named agency shall increase and maintain the number of | ||||||
| 6 | bilingual on-board frontline staff over the levels that it | ||||||
| 7 | maintained on June 30, 2007 as follows: | ||||||
| 8 | (1) The Department of Corrections shall have at least | ||||||
| 9 | 40 additional bilingual on-board frontline staff. | ||||||
| 10 | (2) Mental health and developmental centers operated | ||||||
| 11 | by the Department of Human Services shall have at least 20 | ||||||
| 12 | additional bilingual on-board frontline staff. | ||||||
| 13 | (3) Family and Community Resource Centers operated by | ||||||
| 14 | the Department of Human Services shall have at least 100 | ||||||
| 15 | additional bilingual on-board frontline staff. | ||||||
| 16 | (4) The Department of Children and Family Services | ||||||
| 17 | shall have at least 40 additional bilingual on-board | ||||||
| 18 | frontline staff. | ||||||
| 19 | (5) The Department of Veterans' Veterans Affairs shall | ||||||
| 20 | have at least 5 additional bilingual on-board frontline | ||||||
| 21 | staff. | ||||||
| 22 | (6) The Environmental Protection Agency shall have at | ||||||
| 23 | least 5 additional bilingual on-board frontline staff. | ||||||
| 24 | (7) The Department of Employment Security shall have at | ||||||
| |||||||
| |||||||
| 1 | least 10 additional bilingual on-board frontline staff. | ||||||
| 2 | (8) The Department of Natural Resources shall have at | ||||||
| 3 | least 5 additional bilingual on-board frontline staff. | ||||||
| 4 | (9) The Department of Public Health shall have at least | ||||||
| 5 | 5 additional bilingual on-board frontline staff. | ||||||
| 6 | (10) The Illinois Department of State Police shall have | ||||||
| 7 | at least 5 additional bilingual on-board frontline staff. | ||||||
| 8 | (11) The Department of Juvenile Justice shall have at | ||||||
| 9 | least 25 additional bilingual on-board frontline staff.
| ||||||
| 10 | (Source: P.A. 95-707, eff. 1-11-08; revised 9-19-16.)
| ||||||
| 11 | Section 35. The State Officials and Employees Ethics Act is | ||||||
| 12 | amended by changing Sections 5-50 and 50-5 as follows:
| ||||||
| 13 | (5 ILCS 430/5-50)
| ||||||
| 14 | Sec. 5-50. Ex parte communications; special government | ||||||
| 15 | agents.
| ||||||
| 16 | (a) This Section applies to ex
parte communications made to | ||||||
| 17 | any agency listed in subsection (e).
| ||||||
| 18 | (b) "Ex parte communication" means any written or oral | ||||||
| 19 | communication by any
person
that imparts or requests material
| ||||||
| 20 | information
or makes a material argument regarding
potential | ||||||
| 21 | action concerning regulatory, quasi-adjudicatory, investment, | ||||||
| 22 | or
licensing
matters pending before or under consideration by | ||||||
| 23 | the agency.
"Ex parte
communication" does not include the | ||||||
| 24 | following: (i) statements by
a person publicly made in a public | ||||||
| |||||||
| |||||||
| 1 | forum; (ii) statements regarding
matters of procedure and | ||||||
| 2 | practice, such as format, the
number of copies required, the | ||||||
| 3 | manner of filing, and the status
of a matter; and (iii) | ||||||
| 4 | statements made by a
State employee of the agency to the agency | ||||||
| 5 | head or other employees of that
agency.
| ||||||
| 6 | (b-5) An ex parte communication received by an agency,
| ||||||
| 7 | agency head, or other agency employee from an interested party | ||||||
| 8 | or
his or her official representative or attorney shall | ||||||
| 9 | promptly be
memorialized and made a part of the record.
| ||||||
| 10 | (c) An ex parte communication received by any agency, | ||||||
| 11 | agency head, or
other agency
employee, other than an ex parte | ||||||
| 12 | communication described in subsection (b-5),
shall immediately | ||||||
| 13 | be reported to that agency's ethics officer by the recipient
of | ||||||
| 14 | the communication and by any other employee of that agency who | ||||||
| 15 | responds to
the communication. The ethics officer shall require | ||||||
| 16 | that the ex parte
communication
be promptly made a part of the | ||||||
| 17 | record. The ethics officer shall promptly
file the ex parte | ||||||
| 18 | communication with the
Executive Ethics Commission, including | ||||||
| 19 | all written
communications, all written responses to the | ||||||
| 20 | communications, and a memorandum
prepared by the ethics officer | ||||||
| 21 | stating the nature and substance of all oral
communications, | ||||||
| 22 | the identity and job title of the person to whom each
| ||||||
| 23 | communication was made,
all responses made, the identity and | ||||||
| 24 | job title of the person making each
response,
the identity of | ||||||
| 25 | each person from whom the written or oral ex parte
| ||||||
| 26 | communication was received, the individual or entity | ||||||
| |||||||
| |||||||
| 1 | represented by that
person, any action the person requested or | ||||||
| 2 | recommended, and any other pertinent
information.
The | ||||||
| 3 | disclosure shall also contain the date of any
ex parte | ||||||
| 4 | communication.
| ||||||
| 5 | (d) "Interested party" means a person or entity whose | ||||||
| 6 | rights,
privileges, or interests are the subject of or are | ||||||
| 7 | directly affected by
a regulatory, quasi-adjudicatory, | ||||||
| 8 | investment, or licensing matter.
| ||||||
| 9 | (e) This Section applies to the following agencies:
| ||||||
| 10 | Executive Ethics Commission
| ||||||
| 11 | Illinois Commerce Commission
| ||||||
| 12 | Educational Labor Relations Board
| ||||||
| 13 | State Board of Elections
| ||||||
| 14 | Illinois Gaming Board
| ||||||
| 15 | Health Facilities and Services Review Board
| ||||||
| 16 | Illinois Workers' Compensation Commission
| ||||||
| 17 | Illinois Labor Relations Board
| ||||||
| 18 | Illinois Liquor Control Commission
| ||||||
| 19 | Pollution Control Board
| ||||||
| 20 | Property Tax Appeal Board
| ||||||
| 21 | Illinois Racing Board
| ||||||
| 22 | Illinois Purchased Care Review Board
| ||||||
| 23 | Illinois Department of State Police Merit Board
| ||||||
| 24 | Motor Vehicle Review Board
| ||||||
| 25 | Prisoner Review Board
| ||||||
| 26 | Civil Service Commission
| ||||||
| |||||||
| |||||||
| 1 | Personnel Review Board for the Treasurer
| ||||||
| 2 | Merit Commission for the Secretary of State
| ||||||
| 3 | Merit Commission for the Office of the Comptroller
| ||||||
| 4 | Court of Claims
| ||||||
| 5 | Board of Review of the Department of Employment Security
| ||||||
| 6 | Department of Insurance
| ||||||
| 7 | Department of Professional Regulation and licensing boards
| ||||||
| 8 | under the Department
| ||||||
| 9 | Department of Public Health and licensing boards under the
| ||||||
| 10 | Department
| ||||||
| 11 | Office of Banks and Real Estate and licensing boards under
| ||||||
| 12 | the Office
| ||||||
| 13 | State Employees Retirement System Board of Trustees
| ||||||
| 14 | Judges Retirement System Board of Trustees
| ||||||
| 15 | General Assembly Retirement System Board of Trustees
| ||||||
| 16 | Illinois Board of Investment
| ||||||
| 17 | State Universities Retirement System Board of Trustees
| ||||||
| 18 | Teachers Retirement System Officers Board of Trustees
| ||||||
| 19 | (f) Any person who fails to (i) report an ex parte | ||||||
| 20 | communication to an
ethics officer, (ii) make information part | ||||||
| 21 | of the record, or (iii) make a
filing
with the Executive Ethics | ||||||
| 22 | Commission as required by this Section or as required
by
| ||||||
| 23 | Section 5-165 of the Illinois Administrative Procedure Act | ||||||
| 24 | violates this Act.
| ||||||
| 25 | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 430/50-5)
| ||||||
| 2 | Sec. 50-5. Penalties. | ||||||
| 3 | (a) A person is guilty of a Class A misdemeanor if that | ||||||
| 4 | person intentionally
violates any provision of Section 5-15, | ||||||
| 5 | 5-30, 5-40, or 5-45 or Article 15.
| ||||||
| 6 | (a-1) An ethics commission may levy an administrative fine | ||||||
| 7 | for a violation of Section 5-45 of this Act of up to 3 times the | ||||||
| 8 | total annual compensation that would have been obtained in | ||||||
| 9 | violation of Section 5-45. | ||||||
| 10 | (b) A person who intentionally violates any provision
of | ||||||
| 11 | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | ||||||
| 12 | offense
subject to a fine of at least $1,001 and up to $5,000.
| ||||||
| 13 | (c) A person who intentionally violates any provision of | ||||||
| 14 | Article 10 is
guilty of a business
offense and subject to a | ||||||
| 15 | fine of at least $1,001 and up to $5,000.
| ||||||
| 16 | (d) Any person who intentionally makes a
false report | ||||||
| 17 | alleging a violation of any provision of this Act to an ethics
| ||||||
| 18 | commission,
an inspector general,
the Illinois State Police, a | ||||||
| 19 | State's Attorney, the Attorney General, or any other law
| ||||||
| 20 | enforcement official is guilty of a Class A misdemeanor.
| ||||||
| 21 | (e) An ethics commission may levy an administrative fine of | ||||||
| 22 | up to $5,000
against any person
who violates this Act, who | ||||||
| 23 | intentionally obstructs or interferes with an
investigation
| ||||||
| 24 | conducted under this Act by an inspector general, or who
| ||||||
| 25 | intentionally makes a false, frivolous, or bad faith | ||||||
| 26 | allegation.
| ||||||
| |||||||
| |||||||
| 1 | (f) In addition to any other penalty that may apply, | ||||||
| 2 | whether criminal or
civil, a State employee who intentionally | ||||||
| 3 | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, | ||||||
| 4 | 5-45, or 5-50, Article 10,
Article 15, or Section 20-90 or | ||||||
| 5 | 25-90 is subject to discipline or discharge by
the
appropriate | ||||||
| 6 | ultimate
jurisdictional authority.
| ||||||
| 7 | (g) Any person who violates Section 5-65 is subject to a | ||||||
| 8 | fine of up to $5,000 per offense, and is subject to discipline | ||||||
| 9 | or discharge by the appropriate ultimate jurisdictional | ||||||
| 10 | authority. Each violation of Section 5-65 is a separate | ||||||
| 11 | offense. Any penalty imposed by an ethics commission shall be | ||||||
| 12 | separate and distinct from any fines or penalties imposed by a | ||||||
| 13 | court of law or a State or federal agency.
| ||||||
| 14 | (h) Any natural person or lobbying entity who intentionally | ||||||
| 15 | violates Section 4.7, paragraph (d) of Section 5, or subsection | ||||||
| 16 | (a-5) of Section 11 of the Lobbyist Registration Act is guilty | ||||||
| 17 | of a business offense and shall be subject to a fine of up to | ||||||
| 18 | $5,000. The Executive Ethics Commission, after the | ||||||
| 19 | adjudication of a violation of Section 4.7 of the Lobbyist | ||||||
| 20 | Registration Act for which an investigation was initiated by | ||||||
| 21 | the Inspector General appointed by the Secretary of State under | ||||||
| 22 | Section 14 of the Secretary of State Act, is authorized to | ||||||
| 23 | strike or suspend the registration under the Lobbyist | ||||||
| 24 | Registration Act of any person or lobbying entity for which | ||||||
| 25 | that person is employed for a period of up to 3 years. In | ||||||
| 26 | addition to any other fine or penalty which may be imposed, the | ||||||
| |||||||
| |||||||
| 1 | Executive Ethics Commission may also levy an administrative | ||||||
| 2 | fine of up to $5,000 for a violation specified under this | ||||||
| 3 | subsection (h). Any penalty imposed by an ethics commission | ||||||
| 4 | shall be separate and distinct from any fines or penalties | ||||||
| 5 | imposed by a court of law or by the Secretary of State under | ||||||
| 6 | the Lobbyist Registration Act. | ||||||
| 7 | (Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
| ||||||
| 8 | Section 40. The Flag Display Act is amended by changing | ||||||
| 9 | Section 10 as follows:
| ||||||
| 10 | (5 ILCS 465/10) | ||||||
| 11 | Sec. 10. Death of resident military member, law enforcement | ||||||
| 12 | officer, firefighter, or members of EMS crews. | ||||||
| 13 | (a) The Governor shall issue an official notice to fly the | ||||||
| 14 | following flags at half-staff upon the death of a resident of | ||||||
| 15 | this State killed (i) by hostile fire as a member of the United | ||||||
| 16 | States armed forces, (ii) in the line of duty as a law | ||||||
| 17 | enforcement officer, (iii) in the line of duty as a | ||||||
| 18 | firefighter, (iv) in the line of duty as a member of an | ||||||
| 19 | Emergency Medical Services (EMS) crew, or (v) during on duty | ||||||
| 20 | training for active military duty: the United States national | ||||||
| 21 | flag, the State flag of Illinois, and, in the case of the death | ||||||
| 22 | of the member of the United States armed forces, the | ||||||
| 23 | appropriate military flag as defined in subsection (b) of | ||||||
| 24 | Section 18.6 of the Condominium Property Act. Upon the | ||||||
| |||||||
| |||||||
| 1 | Governor's notice, each person or entity required by this Act | ||||||
| 2 | to ensure the display of the United States national flag on a | ||||||
| 3 | flagstaff shall ensure that the flags described in the notice | ||||||
| 4 | are displayed at half-staff on the day designated for the | ||||||
| 5 | resident's funeral and the 2 days preceding that day. | ||||||
| 6 | (b) The Department of Veterans' Affairs shall notify the | ||||||
| 7 | Governor of the death by hostile fire of an Illinois resident | ||||||
| 8 | member of the United States armed forces. In lieu of notice | ||||||
| 9 | being provided by the Department of Veterans' Affairs, any | ||||||
| 10 | other State or Federal entity, agency, or person holding such | ||||||
| 11 | information may notify the Governor of the death by hostile | ||||||
| 12 | fire of an Illinois resident member of the United States armed | ||||||
| 13 | forces. If such notice is provided to the Governor by an | ||||||
| 14 | entity, agency, or person other than the Department of | ||||||
| 15 | Veterans' Affairs, then the obligation to notify the Governor | ||||||
| 16 | of an Illinois resident soldier's death under this subsection | ||||||
| 17 | (b) shall be considered fulfilled. The Illinois Department of | ||||||
| 18 | State Police shall notify the Governor of the death in the line | ||||||
| 19 | of duty of an Illinois resident law enforcement officer. The | ||||||
| 20 | Office of the State Fire Marshal shall notify the Governor of | ||||||
| 21 | the death in the line of duty of an Illinois resident | ||||||
| 22 | firefighter. The Department of Public Health shall notify the | ||||||
| 23 | Governor of the death in the line of duty of an Illinois | ||||||
| 24 | resident member of an Emergency Medical Services (EMS) crew. | ||||||
| 25 | Notice to the Governor shall include at least the resident's | ||||||
| 26 | name and Illinois address, the date designated for the funeral, | ||||||
| |||||||
| |||||||
| 1 | and the circumstances of the death. | ||||||
| 2 | (c) For the purpose of this Section, the United States | ||||||
| 3 | armed forces includes: (i) the United States Army, Navy, Marine | ||||||
| 4 | Corps, Air Force, and Coast Guard; (ii) any reserve component | ||||||
| 5 | of each of the forces listed in item (i); and (iii) the | ||||||
| 6 | National Guard. | ||||||
| 7 | (d) Nothing in this Section requires the removal or | ||||||
| 8 | relocation of any existing flags currently displayed in the | ||||||
| 9 | State. This Section does not apply to a State facility if the | ||||||
| 10 | requirements of this Section cannot be satisfied without a | ||||||
| 11 | physical modification to that facility.
| ||||||
| 12 | (Source: P.A. 99-372, eff. 1-1-16; 100-33, eff. 1-1-18; | ||||||
| 13 | 100-201, eff. 8-18-17.)
| ||||||
| 14 | Section 50. The Seizure and Forfeiture Reporting Act is | ||||||
| 15 | amended by changing Sections 10 and 15 as follows:
| ||||||
| 16 | (5 ILCS 810/10)
| ||||||
| 17 | Sec. 10. Reporting by law enforcement agency.
| ||||||
| 18 | (a) Each law enforcement agency that seizes property | ||||||
| 19 | subject to reporting under this Act shall report the following | ||||||
| 20 | information about property seized or forfeited under State law:
| ||||||
| 21 | (1) the name of the law enforcement agency that seized | ||||||
| 22 | the property;
| ||||||
| 23 | (2) the date of the seizure;
| ||||||
| 24 | (3) the type of property seized, including a building, | ||||||
| |||||||
| |||||||
| 1 | vehicle, boat, cash, negotiable security, or firearm, | ||||||
| 2 | except reporting is not required for seizures of contraband | ||||||
| 3 | including alcohol, gambling devices, drug paraphernalia, | ||||||
| 4 | and controlled substances;
| ||||||
| 5 | (4) a description of the property seized and the | ||||||
| 6 | estimated value of the property and if the property is a | ||||||
| 7 | conveyance, the description shall include the make, model, | ||||||
| 8 | year, and vehicle identification number or serial number; | ||||||
| 9 | and
| ||||||
| 10 | (5) the location where the seizure occurred.
| ||||||
| 11 | The filing requirement shall be met upon filing Illinois | ||||||
| 12 | State Police Notice/Inventory of Seized Property (Form 4-64) | ||||||
| 13 | with the State's Attorney's Office in the county where the | ||||||
| 14 | forfeiture action is being commenced or with the Attorney | ||||||
| 15 | General's Office if the forfeiture action is being commenced by | ||||||
| 16 | that office, and the forwarding of Form 4-64 upon approval of | ||||||
| 17 | the State's Attorney's Office or the Attorney General's Office | ||||||
| 18 | to the Illinois Department of State Police Asset Forfeiture | ||||||
| 19 | Section. With regard to seizures for which Form 4-64 is not | ||||||
| 20 | required to be filed, the filing requirement shall be met by | ||||||
| 21 | the filing of an annual summary report with the Illinois | ||||||
| 22 | Department of State Police no later than 60 days after December | ||||||
| 23 | 31 of that year. | ||||||
| 24 | (b) Each law enforcement agency, including a drug task | ||||||
| 25 | force or Metropolitan Enforcement Group (MEG) unit, that | ||||||
| 26 | receives proceeds from forfeitures subject to reporting under | ||||||
| |||||||
| |||||||
| 1 | this Act shall file an annual report with the Illinois | ||||||
| 2 | Department of State Police no later than 60 days after December | ||||||
| 3 | 31 of that year. The format of the report shall be developed by | ||||||
| 4 | the Illinois Department of State Police and shall be completed | ||||||
| 5 | by the law enforcement agency. The report shall include, at a | ||||||
| 6 | minimum, the amount of funds and other property distributed to | ||||||
| 7 | the law enforcement agency by the Illinois Department of State | ||||||
| 8 | Police, the amount of funds expended by the law enforcement | ||||||
| 9 | agency, and the category of expenditure, including:
| ||||||
| 10 | (1) crime, gang, or abuse prevention or intervention | ||||||
| 11 | programs;
| ||||||
| 12 | (2) compensation or services for crime victims;
| ||||||
| 13 | (3) witness protection, informant fees, and controlled | ||||||
| 14 | purchases of contraband;
| ||||||
| 15 | (4) salaries, overtime, and benefits, as permitted by | ||||||
| 16 | law;
| ||||||
| 17 | (5) operating expenses, including but not limited to, | ||||||
| 18 | capital expenditures for vehicles, firearms, equipment, | ||||||
| 19 | computers, furniture, office supplies, postage, printing, | ||||||
| 20 | membership fees paid to trade associations, and fees for | ||||||
| 21 | professional services including auditing, court reporting, | ||||||
| 22 | expert witnesses, and attorneys;
| ||||||
| 23 | (6) travel, meals, entertainment, conferences, | ||||||
| 24 | training, and continuing education seminars;
and | ||||||
| 25 | (7) other expenditures of forfeiture proceeds.
| ||||||
| 26 | (c) The Illinois Department of State Police shall establish | ||||||
| |||||||
| |||||||
| 1 | and maintain on its official website a public database that | ||||||
| 2 | includes annual aggregate data for each law enforcement agency | ||||||
| 3 | that reports seizures of property under subsection (a) of this | ||||||
| 4 | Section, that receives distributions of forfeiture proceeds | ||||||
| 5 | subject to reporting under this Act, or reports expenditures | ||||||
| 6 | under subsection (b) of this Section. This aggregate data shall | ||||||
| 7 | include, for each law enforcement agency:
| ||||||
| 8 | (1) the total number of asset seizures reported by each | ||||||
| 9 | law enforcement agency during the calendar year; | ||||||
| 10 | (2) the monetary value of all currency or its | ||||||
| 11 | equivalent seized by the law enforcement agency during the | ||||||
| 12 | calendar year; | ||||||
| 13 | (3) the number of conveyances seized by the law | ||||||
| 14 | enforcement agency during the calendar year, and the | ||||||
| 15 | aggregate estimated value; | ||||||
| 16 | (4) the aggregate estimated value of all other property | ||||||
| 17 | seized by the law enforcement agency during the calendar | ||||||
| 18 | year; | ||||||
| 19 | (5) the monetary value of distributions by the Illinois | ||||||
| 20 | Department of State Police of forfeited currency or auction | ||||||
| 21 | proceeds from forfeited property to the law enforcement | ||||||
| 22 | agency during the calendar year; and | ||||||
| 23 | (6) the total amount of the law enforcement agency's | ||||||
| 24 | expenditures of forfeiture proceeds during the calendar | ||||||
| 25 | year, categorized as provided under subsection (b) of this | ||||||
| 26 | Section.
| ||||||
| |||||||
| |||||||
| 1 | The database shall not provide names, addresses, phone | ||||||
| 2 | numbers, or other personally identifying information of owners | ||||||
| 3 | or interest holders, persons, business entities, covert office | ||||||
| 4 | locations, or business entities involved in the forfeiture | ||||||
| 5 | action and shall not disclose the vehicle identification number | ||||||
| 6 | or serial number of any conveyance.
| ||||||
| 7 | (d) The Illinois Department of State Police shall adopt | ||||||
| 8 | rules to administer the asset forfeiture program, including the | ||||||
| 9 | categories of authorized expenditures consistent with the | ||||||
| 10 | statutory guidelines for each of the included forfeiture | ||||||
| 11 | statutes, the use of forfeited funds, other expenditure | ||||||
| 12 | requirements, and the reporting of seizure and forfeiture | ||||||
| 13 | information. The Illinois State Police Department may adopt | ||||||
| 14 | rules necessary to implement this Act through the use of | ||||||
| 15 | emergency rulemaking under Section 5-45 of the Illinois | ||||||
| 16 | Administrative Procedure Act for a period not to exceed 180 | ||||||
| 17 | days after the effective date of this Act.
| ||||||
| 18 | (e) The Illinois Department of State Police shall have | ||||||
| 19 | authority and oversight over all law enforcement agencies | ||||||
| 20 | receiving forfeited funds from the Illinois State Police | ||||||
| 21 | Department. This authority shall include enforcement of rules | ||||||
| 22 | and regulations adopted by the Illinois State Police Department | ||||||
| 23 | and sanctions for violations of any rules and regulations, | ||||||
| 24 | including the withholding of distributions of forfeiture | ||||||
| 25 | proceeds from the law enforcement agency in violation.
| ||||||
| 26 | (f) Upon application by a law enforcement agency to the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police, the reporting of a | ||||||
| 2 | particular asset forfeited under this Section may be delayed if | ||||||
| 3 | the asset in question was seized from a person who has become a | ||||||
| 4 | confidential informant under the agency's confidential | ||||||
| 5 | informant policy, or if the asset was seized as part of an | ||||||
| 6 | ongoing investigation. This delayed reporting shall be granted | ||||||
| 7 | by the Illinois Department of State Police for a maximum period | ||||||
| 8 | of 6 months if the confidential informant is still providing | ||||||
| 9 | cooperation to law enforcement or the investigation is still | ||||||
| 10 | ongoing, after which the asset shall be reported as required | ||||||
| 11 | under this Act. | ||||||
| 12 | (g) The Illinois Department of State Police shall, on or | ||||||
| 13 | before January 1, 2019, establish and implement the | ||||||
| 14 | requirements of this Act.
In order to implement the reporting | ||||||
| 15 | and public database requirements under this Act, the Illinois | ||||||
| 16 | Department of State Police Asset Forfeiture Section requires a | ||||||
| 17 | one-time upgrade of its information technology software and | ||||||
| 18 | hardware. This one-time upgrade shall be funded by a temporary | ||||||
| 19 | allocation of 5% of all forfeited currency and 5% of the | ||||||
| 20 | auction proceeds from each forfeited asset, which are to be | ||||||
| 21 | distributed after the effective date of this Act. The Illinois | ||||||
| 22 | Department of State Police shall transfer these funds at the | ||||||
| 23 | time of distribution to a separate fund established by the | ||||||
| 24 | Illinois Department of State Police. Moneys deposited in this | ||||||
| 25 | fund shall be accounted for and shall be used only to pay for | ||||||
| 26 | the actual one-time cost of purchasing and installing the | ||||||
| |||||||
| |||||||
| 1 | hardware and software required to comply with this new | ||||||
| 2 | reporting and public database requirement. Moneys deposited in | ||||||
| 3 | the fund shall not be subject to reappropriation, reallocation, | ||||||
| 4 | or redistribution for any other purpose. After sufficient funds | ||||||
| 5 | are transferred to the fund to cover the actual one-time cost | ||||||
| 6 | of purchasing and installing the hardware and software required | ||||||
| 7 | to comply with this new reporting and public database | ||||||
| 8 | requirement, no additional funds shall be transferred to the | ||||||
| 9 | fund for any purpose. At the completion of the one-time upgrade | ||||||
| 10 | of the information technology hardware and software to comply | ||||||
| 11 | with this new reporting and public database requirement, any | ||||||
| 12 | remaining funds in the fund shall be returned to the | ||||||
| 13 | participating agencies under the distribution requirements of | ||||||
| 14 | the statutes from which the funds were transferred, and the | ||||||
| 15 | fund shall no longer exist.
| ||||||
| 16 | (h)(1) The Illinois Department of State Police, in | ||||||
| 17 | consultation with and subject to the approval of the Chief | ||||||
| 18 | Procurement Officer, may procure a single contract or multiple | ||||||
| 19 | contracts to implement this Act. | ||||||
| 20 | (2) A contract or contracts under this subsection (h) are | ||||||
| 21 | not subject to the Illinois Procurement Code, except for | ||||||
| 22 | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that | ||||||
| 23 | Code, provided that the Chief Procurement Officer may, in | ||||||
| 24 | writing with justification, waive any certification required | ||||||
| 25 | under Article 50 of the Illinois Procurement Code. The | ||||||
| 26 | provisions of this paragraph (2), other than this sentence, are | ||||||
| |||||||
| |||||||
| 1 | inoperative on and after July 1, 2019.
| ||||||
| 2 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
| ||||||
| 3 | (5 ILCS 810/15)
| ||||||
| 4 | Sec. 15. Fund audits.
| ||||||
| 5 | (a) The Auditor General shall conduct, as a part of its | ||||||
| 6 | 2-year compliance audit, an audit of the State Asset Forfeiture | ||||||
| 7 | Fund for compliance with the requirements of this Act. The | ||||||
| 8 | audit shall include, but not be limited to, the following | ||||||
| 9 | determinations:
| ||||||
| 10 | (1) if detailed records of all receipts and | ||||||
| 11 | disbursements from the State Asset Forfeiture Fund are | ||||||
| 12 | being maintained;
| ||||||
| 13 | (2) if administrative costs charged to the fund are | ||||||
| 14 | adequately documented and are reasonable; and | ||||||
| 15 | (3) if the procedures for making disbursements under | ||||||
| 16 | the Act are adequate.
| ||||||
| 17 | (b) The Illinois Department of State Police, and any other | ||||||
| 18 | entity or person that may have information relevant to the | ||||||
| 19 | audit, shall cooperate fully and promptly with the Office of | ||||||
| 20 | the Auditor General in conducting the audit. The Auditor | ||||||
| 21 | General shall begin the audit during the next regular 2-year | ||||||
| 22 | compliance audit of the Illinois Department of State Police and | ||||||
| 23 | distribute the report upon completion under Section 3-14 of the | ||||||
| 24 | Illinois State Auditing Act.
| ||||||
| 25 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
| ||||||
| |||||||
| |||||||
| 1 | Section 55. The Law Enforcement Criminal Sexual Assault | ||||||
| 2 | Investigation Act is amended by changing Section 10 as follows:
| ||||||
| 3 | (5 ILCS 815/10)
| ||||||
| 4 | Sec. 10. Investigation of officer-involved criminal | ||||||
| 5 | assault; requirements. | ||||||
| 6 | (a) Each law enforcement agency shall have a written policy | ||||||
| 7 | regarding the investigation of officer-involved criminal | ||||||
| 8 | sexual assault that involves a law enforcement officer employed | ||||||
| 9 | by that law enforcement agency. | ||||||
| 10 | (b) Each officer-involved criminal sexual assault | ||||||
| 11 | investigation shall be conducted by at least 2 investigators or | ||||||
| 12 | an entity comprised of at least 2 investigators, one of whom | ||||||
| 13 | shall be the lead investigator. The investigators shall have | ||||||
| 14 | completed a specialized sexual assault and sexual abuse | ||||||
| 15 | investigation training program approved by the Illinois Law | ||||||
| 16 | Enforcement Training Standards Board or similar training | ||||||
| 17 | approved by the Illinois Department of State Police. No | ||||||
| 18 | investigator involved in the investigation may be employed by | ||||||
| 19 | the law enforcement agency that employs the officer
involved in | ||||||
| 20 | the officer-involved criminal sexual assault, unless the | ||||||
| 21 | investigator is employed by the Illinois Department of State | ||||||
| 22 | Police or a municipality with a population over 1,000,000 and | ||||||
| 23 | is not assigned to the same division or unit as the officer | ||||||
| 24 | involved in the criminal sexual assault. | ||||||
| |||||||
| |||||||
| 1 | (c) Upon receipt of an allegation or complaint of an | ||||||
| 2 | officer-involved criminal sexual assault, a municipality with | ||||||
| 3 | a population over 1,000,000 shall promptly notify an | ||||||
| 4 | independent agency, created by ordinance of the municipality, | ||||||
| 5 | tasked with investigating incidents of police misconduct.
| ||||||
| 6 | (Source: P.A. 100-515, eff. 1-1-18.)
| ||||||
| 7 | Section 60. The Community-Law Enforcement Partnership for | ||||||
| 8 | Deflection and Substance Use Disorder Treatment Act is amended | ||||||
| 9 | by changing Section 10 as follows:
| ||||||
| 10 | (5 ILCS 820/10)
| ||||||
| 11 | Sec. 10. Definitions. In this Act:
| ||||||
| 12 | "Case management" means those services which will assist | ||||||
| 13 | persons in gaining access to needed social, educational, | ||||||
| 14 | medical, substance use and mental health treatment, and other | ||||||
| 15 | services.
| ||||||
| 16 | "Community member or organization" means an individual | ||||||
| 17 | volunteer, resident, public office, or a not-for-profit | ||||||
| 18 | organization, religious institution, charitable organization, | ||||||
| 19 | or other public body committed to the improvement of individual | ||||||
| 20 | and family mental and physical well-being and the overall | ||||||
| 21 | social welfare of the community, and may include persons with | ||||||
| 22 | lived experience in recovery from substance use disorder, | ||||||
| 23 | either themselves or as family members.
| ||||||
| 24 | "Deflection program" means a program in which a peace | ||||||
| |||||||
| |||||||
| 1 | officer or member of a law enforcement agency facilitates | ||||||
| 2 | contact between an individual and a licensed substance use | ||||||
| 3 | treatment provider or clinician for assessment and | ||||||
| 4 | coordination of treatment planning. This facilitation includes | ||||||
| 5 | defined criteria for eligibility and communication protocols | ||||||
| 6 | agreed to by the law enforcement agency and the licensed | ||||||
| 7 | treatment provider for the purpose of providing substance use | ||||||
| 8 | treatment to those persons in lieu of arrest or further justice | ||||||
| 9 | system involvement. Deflection programs may include, but are | ||||||
| 10 | not limited to, the following types of responses: | ||||||
| 11 | (1) a post-overdose deflection response initiated by a | ||||||
| 12 | peace officer or law enforcement agency subsequent to | ||||||
| 13 | emergency administration of medication to reverse an | ||||||
| 14 | overdose, or in cases of severe substance use disorder with | ||||||
| 15 | acute risk for overdose;
| ||||||
| 16 | (2) a self-referral deflection response initiated by | ||||||
| 17 | an individual by contacting a peace officer or law | ||||||
| 18 | enforcement agency in the acknowledgment of their | ||||||
| 19 | substance use or disorder;
| ||||||
| 20 | (3) an active outreach deflection response initiated | ||||||
| 21 | by a peace officer or law enforcement agency as a result of | ||||||
| 22 | proactive identification of persons thought likely to have | ||||||
| 23 | a substance use disorder;
| ||||||
| 24 | (4) an officer prevention deflection response | ||||||
| 25 | initiated by a peace officer or law enforcement agency in | ||||||
| 26 | response to a community call when no criminal charges are | ||||||
| |||||||
| |||||||
| 1 | present; and | ||||||
| 2 | (5) an officer intervention deflection response when | ||||||
| 3 | criminal charges are present but held in abeyance pending | ||||||
| 4 | engagement with treatment.
| ||||||
| 5 | "Law enforcement agency" means a municipal police | ||||||
| 6 | department or county sheriff's office of this State, the | ||||||
| 7 | Illinois Department of State Police, or other law enforcement | ||||||
| 8 | agency whose officers, by statute, are granted and authorized | ||||||
| 9 | to exercise powers similar to those conferred upon any peace | ||||||
| 10 | officer employed by a law enforcement agency of this State.
| ||||||
| 11 | "Licensed treatment provider" means an organization | ||||||
| 12 | licensed by the Department of Human Services to perform an | ||||||
| 13 | activity or service, or a coordinated range of those activities | ||||||
| 14 | or services, as the Department of Human Services may establish | ||||||
| 15 | by rule, such as the broad range of emergency, outpatient, | ||||||
| 16 | intensive outpatient, and residential services and care, | ||||||
| 17 | including assessment, diagnosis, case management, medical, | ||||||
| 18 | psychiatric, psychological and social services, | ||||||
| 19 | medication-assisted treatment, care and counseling, and | ||||||
| 20 | recovery support, which may be extended to persons to assess or | ||||||
| 21 | treat substance use disorder or to families of those persons.
| ||||||
| 22 | "Peace officer" means any peace officer or member of any | ||||||
| 23 | duly organized State, county, or municipal peace officer unit, | ||||||
| 24 | any police force of another State, or any police force whose | ||||||
| 25 | members, by statute, are granted and authorized to exercise | ||||||
| 26 | powers similar to those conferred upon any peace officer | ||||||
| |||||||
| |||||||
| 1 | employed by a law enforcement agency of this State.
| ||||||
| 2 | "Substance use disorder" means a pattern of use of alcohol | ||||||
| 3 | or other drugs leading to clinical or functional impairment, in | ||||||
| 4 | accordance with the definition in the Diagnostic and | ||||||
| 5 | Statistical Manual of Mental Disorders (DSM-5), or in any | ||||||
| 6 | subsequent editions.
| ||||||
| 7 | "Treatment" means the broad range of emergency, | ||||||
| 8 | outpatient, intensive outpatient, and residential services and | ||||||
| 9 | care (including assessment, diagnosis, case management, | ||||||
| 10 | medical, psychiatric, psychological and social services, | ||||||
| 11 | medication-assisted treatment, care and counseling, and | ||||||
| 12 | recovery support) which may be extended to persons who have | ||||||
| 13 | substance use disorders, persons with mental illness, or | ||||||
| 14 | families of those persons.
| ||||||
| 15 | (Source: P.A. 100-1025, eff. 1-1-19.)
| ||||||
| 16 | Section 65. The Gun Trafficking Information Act is amended | ||||||
| 17 | by changing Section 10-5 as follows:
| ||||||
| 18 | (5 ILCS 830/10-5)
| ||||||
| 19 | Sec. 10-5. Gun trafficking information.
| ||||||
| 20 | (a) The Illinois Department of State Police shall use all | ||||||
| 21 | reasonable efforts in making publicly available, on a regular | ||||||
| 22 | and ongoing
basis, key information related to firearms used in | ||||||
| 23 | the
commission of crimes in this State, including, but not | ||||||
| 24 | limited
to: reports on crimes committed with firearms, | ||||||
| |||||||
| |||||||
| 1 | locations where
the crimes occurred, the number of persons | ||||||
| 2 | killed or injured in
the commission of the crimes, the state | ||||||
| 3 | where the firearms used
originated, the Federal Firearms | ||||||
| 4 | Licensee that sold the firearm, and the type of firearms used. | ||||||
| 5 | The Illinois State Police Department
shall make the information | ||||||
| 6 | available on its
website, in addition to electronically filing | ||||||
| 7 | a report with the
Governor and the General Assembly. The report | ||||||
| 8 | to the General
Assembly shall be filed with the Clerk of the | ||||||
| 9 | House of
Representatives and the Secretary of the Senate in | ||||||
| 10 | electronic
form only, in the manner that the Clerk and the | ||||||
| 11 | Secretary shall
direct.
| ||||||
| 12 | (b) The Illinois State Police Department shall study, on a | ||||||
| 13 | regular and ongoing basis, and compile reports on the number of | ||||||
| 14 | Firearm Owner's Identification Card checks to determine | ||||||
| 15 | firearms trafficking or straw purchase patterns. The Illinois | ||||||
| 16 | State Police Department shall, to the extent not inconsistent | ||||||
| 17 | with law, share such reports and underlying data with academic | ||||||
| 18 | centers, foundations, and law enforcement agencies studying | ||||||
| 19 | firearms trafficking, provided that personally identifying | ||||||
| 20 | information is protected. For purposes of this subsection (b), | ||||||
| 21 | a Firearm Owner's Identification Card number is not personally | ||||||
| 22 | identifying information, provided that no other personal | ||||||
| 23 | information of the card holder is attached to the record. The | ||||||
| 24 | Illinois State Police Department may create and attach an | ||||||
| 25 | alternate unique identifying number to each Firearm Owner's | ||||||
| 26 | Identification Card number, instead of releasing the Firearm | ||||||
| |||||||
| |||||||
| 1 | Owner's Identification Card number itself. | ||||||
| 2 | (c) Each department, office, division, and agency of this
| ||||||
| 3 | State shall, to the extent not inconsistent with law, cooperate
| ||||||
| 4 | fully with the Illinois State Police Department and furnish the
| ||||||
| 5 | Illinois State Police Department with all relevant information | ||||||
| 6 | and assistance on a
timely basis as is necessary to accomplish | ||||||
| 7 | the purpose of this
Act. The Illinois Criminal Justice | ||||||
| 8 | Information Authority shall submit the information required in | ||||||
| 9 | subsection (a) of this Section to the Illinois Department of | ||||||
| 10 | State Police, and any other information as the Illinois State | ||||||
| 11 | Police Department may request, to assist the Illinois State | ||||||
| 12 | Police Department in carrying out its duties under this Act.
| ||||||
| 13 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 14 | Section 70. The Keep Illinois Families Together Act is | ||||||
| 15 | amended by changing Section 5 as follows:
| ||||||
| 16 | (5 ILCS 835/5)
| ||||||
| 17 | Sec. 5. Public safety. | ||||||
| 18 | (a) In this Section: | ||||||
| 19 | "Law enforcement agency" means an agency in this State | ||||||
| 20 | charged with enforcement of State, county, or municipal laws or | ||||||
| 21 | with managing custody of detained persons in the State, | ||||||
| 22 | including municipal police departments, sheriff's departments, | ||||||
| 23 | campus police departments, the Illinois Department of State | ||||||
| 24 | Police, and the Department of Juvenile Justice. | ||||||
| |||||||
| |||||||
| 1 | "Law enforcement official" means any officer or other agent | ||||||
| 2 | of a State or local law enforcement agency authorized to | ||||||
| 3 | enforce criminal laws, rules, regulations, or local ordinances | ||||||
| 4 | or operate jails, correctional facilities, or juvenile | ||||||
| 5 | detention facilities or to maintain custody of individuals in | ||||||
| 6 | jails, correctional facilities, or juvenile detention | ||||||
| 7 | facilities also including any school resource officer or other | ||||||
| 8 | police or security officer assigned to any public school, | ||||||
| 9 | including any public pre-school and other early learning | ||||||
| 10 | program, public elementary and secondary school, or public | ||||||
| 11 | institution of higher education. | ||||||
| 12 | (b) On or after the effective date of this Act, no law | ||||||
| 13 | enforcement agency or official may enter into or remain in an | ||||||
| 14 | agreement with U.S. Immigration and Customs Enforcement under a | ||||||
| 15 | federal 287(g) program. | ||||||
| 16 | (c) Nothing in this Section shall preclude a law | ||||||
| 17 | enforcement official from otherwise executing that official's | ||||||
| 18 | duties in ensuring public safety.
| ||||||
| 19 | (Source: P.A. 101-19, eff. 6-21-19.)
| ||||||
| 20 | Section 72. The First Responders Suicide Prevention Act is | ||||||
| 21 | amended by changing Section 30 as follows:
| ||||||
| 22 | (5 ILCS 840/30)
| ||||||
| 23 | Sec. 30. First Responders Suicide Task Force. | ||||||
| 24 | (a) The First Responders Suicide Task Force is created to | ||||||
| |||||||
| |||||||
| 1 | pursue recommendations to help reduce the risk and rates of | ||||||
| 2 | suicide among first responders, along with developing a | ||||||
| 3 | mechanism to help reduce the risk and rates of suicide among | ||||||
| 4 | first responders. The Task Force shall be composed of the | ||||||
| 5 | following members: | ||||||
| 6 | (1) the Director of the Illinois State Police or his or | ||||||
| 7 | her designee; | ||||||
| 8 | (2) the Director of Public Health or his or her | ||||||
| 9 | designee; | ||||||
| 10 | (3) 2 members of the House of Representatives appointed | ||||||
| 11 | by the Speaker of the House of Representatives, one of whom | ||||||
| 12 | shall serve as co-chair; | ||||||
| 13 | (4) 2 members of the House of Representatives appointed | ||||||
| 14 | by the Minority Leader of the House of Representatives; | ||||||
| 15 | (5) 2 members of the Senate appointed by the President | ||||||
| 16 | of the Senate, one of whom shall serve as co-chair; | ||||||
| 17 | (6) 2 members of the Senate appointed by the Minority | ||||||
| 18 | Leader of the Senate; | ||||||
| 19 | (7) 2 members who represent 2 different mental health | ||||||
| 20 | organizations, one appointed by the Minority Leader of the | ||||||
| 21 | House of Representatives and one appointed by the Minority | ||||||
| 22 | Leader of the Senate; | ||||||
| 23 | (8) one member who represents an organization that | ||||||
| 24 | advocates on behalf of police appointed by the Speaker of | ||||||
| 25 | the House of Representatives; | ||||||
| 26 | (9) one member who represents the Chicago Police | ||||||
| |||||||
| |||||||
| 1 | Department appointed by the Minority Leader of the House of | ||||||
| 2 | Representatives; | ||||||
| 3 | (10) 2 members who represent organizations that | ||||||
| 4 | advocate on behalf of firefighters appointed by the | ||||||
| 5 | President of the Senate; | ||||||
| 6 | (11) one member who represents the Chicago Fire | ||||||
| 7 | Department appointed by the Minority Leader of the Senate; | ||||||
| 8 | and | ||||||
| 9 | (12) one member who represents an organization that | ||||||
| 10 | advocates on behalf of sheriffs in the State of Illinois | ||||||
| 11 | appointed by the President of the Senate.
| ||||||
| 12 | (b) Members of the Task Force shall be appointed within 30 | ||||||
| 13 | days after the effective date of this Act and shall serve | ||||||
| 14 | without compensation. The Task Force shall begin meeting no | ||||||
| 15 | later than 30 days after all members have been appointed.
The | ||||||
| 16 | Illinois Department of State Police shall provide | ||||||
| 17 | administrative support for the Task Force, and if the subject | ||||||
| 18 | matter is either sensitive or classified, the Task Force may | ||||||
| 19 | hold its hearings in private. | ||||||
| 20 | (c)
The Task Force shall issue a final report to the | ||||||
| 21 | General Assembly on or December 31, 2020 and, one year after | ||||||
| 22 | the filing of its report, is dissolved.
| ||||||
| 23 | (Source: P.A. 101-375, eff. 8-16-19.)
| ||||||
| 24 | Section 75. The Executive Reorganization Implementation | ||||||
| 25 | Act is amended by changing Section 3.1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (15 ILCS 15/3.1)
| ||||||
| 2 | Sec. 3.1. "Agency directly responsible to the Governor" or | ||||||
| 3 | "agency" means
any office, officer, division, or part thereof,
| ||||||
| 4 | and any other office, nonelective officer, department, | ||||||
| 5 | division, bureau,
board, or commission in the executive branch | ||||||
| 6 | of State government,
except that it does not apply to any | ||||||
| 7 | agency whose primary function is service
to the General | ||||||
| 8 | Assembly or the Judicial Branch of State government, or to
any | ||||||
| 9 | agency administered by the Attorney General, Secretary of | ||||||
| 10 | State, State
Comptroller or State Treasurer. In addition the | ||||||
| 11 | term does not apply to
the following agencies created by law | ||||||
| 12 | with the primary responsibility of
exercising regulatory
or | ||||||
| 13 | adjudicatory functions independently of the Governor:
| ||||||
| 14 | (1) the State Board of Elections;
| ||||||
| 15 | (2) the State Board of Education;
| ||||||
| 16 | (3) the Illinois Commerce Commission;
| ||||||
| 17 | (4) the Illinois Workers' Compensation
Commission;
| ||||||
| 18 | (5) the Civil Service Commission;
| ||||||
| 19 | (6) the Fair Employment Practices Commission;
| ||||||
| 20 | (7) the Pollution Control Board;
| ||||||
| 21 | (8) the Illinois Department of State Police Merit Board; | ||||||
| 22 | (9) the Illinois Racing Board;
| ||||||
| 23 | (10) the Illinois Power Agency; | ||||||
| 24 | (11) the Illinois Law Enforcement Training Standards | ||||||
| 25 | Board; and | ||||||
| |||||||
| |||||||
| 1 | (12) the Illinois Liquor Control Commission. | ||||||
| 2 | (Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19; | ||||||
| 3 | 101-81, eff. 7-12-19.)
| ||||||
| 4 | Section 80. The Secretary of State Act is amended by | ||||||
| 5 | changing Sections 13 and 13.5 as follows:
| ||||||
| 6 | (15 ILCS 305/13) (from Ch. 124, par. 10.3)
| ||||||
| 7 | Sec. 13.
Whenever the Secretary of State is
authorized or | ||||||
| 8 | required by law to consider some aspect of criminal history
| ||||||
| 9 | record information for the purpose of carrying out his | ||||||
| 10 | statutory powers and
responsibilities, then, upon request and | ||||||
| 11 | payment of fees in conformance
with the requirements of Section | ||||||
| 12 | 2605-400 of
the Illinois Department of State Police Law (20 | ||||||
| 13 | ILCS 2605/2605-400), the Illinois Department of State Police is
| ||||||
| 14 | authorized to furnish, pursuant to positive identification, | ||||||
| 15 | such
information contained in State files as is necessary to | ||||||
| 16 | fulfill the
request.
| ||||||
| 17 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 18 | (15 ILCS 305/13.5) | ||||||
| 19 | Sec. 13.5. Illinois Department of State Police access to | ||||||
| 20 | driver's license and identification card photographs. The | ||||||
| 21 | Secretary of State shall allow the Illinois Department of State | ||||||
| 22 | Police to access the driver's license or Illinois | ||||||
| 23 | Identification card photograph, if available, of an applicant | ||||||
| |||||||
| |||||||
| 1 | for a firearm concealed carry license under the Firearm | ||||||
| 2 | Concealed Carry Act for the purpose of identifying the firearm | ||||||
| 3 | concealed carry license applicant and issuing a license to the | ||||||
| 4 | applicant.
| ||||||
| 5 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 6 | Section 85. The Secretary of State Merit Employment Code is | ||||||
| 7 | amended by changing Section 10b.1 as follows:
| ||||||
| 8 | (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
| ||||||
| 9 | Sec. 10b.1. Competitive examinations.
| ||||||
| 10 | (a) For open competitive
examinations to test the relative | ||||||
| 11 | fitness of applicants for the
respective positions. Tests shall | ||||||
| 12 | be designed to eliminate those who
are not qualified for | ||||||
| 13 | entrance into the Office of the Secretary of State
and to | ||||||
| 14 | discover the relative fitness of those who are qualified. The
| ||||||
| 15 | Director may use any one of or any combination of the following
| ||||||
| 16 | examination methods which in his judgment best serves this end:
| ||||||
| 17 | investigation of education and experience; test of cultural | ||||||
| 18 | knowledge;
test of capacity; test of knowledge; test of manual | ||||||
| 19 | skill; test of
linguistic ability; test of character; test of | ||||||
| 20 | physical skill; test of
psychological fitness. No person with a | ||||||
| 21 | record of misdemeanor
convictions except those under Sections | ||||||
| 22 | 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, | ||||||
| 23 | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
| ||||||
| 24 | 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, | ||||||
| |||||||
| |||||||
| 1 | 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section | ||||||
| 2 | 11-14.3,
and sub-sections 1, 6 and 8 of Section 24-1 of the | ||||||
| 3 | Criminal Code of
1961 or the Criminal Code of 2012, or arrested | ||||||
| 4 | for any cause but not convicted thereon shall be
disqualified | ||||||
| 5 | from taking such examinations or subsequent appointment
unless | ||||||
| 6 | the person is attempting to qualify for a position which would
| ||||||
| 7 | give him the powers of a peace officer, in which case the | ||||||
| 8 | person's
conviction or arrest record may be considered as a | ||||||
| 9 | factor in determining
the person's fitness for the position. | ||||||
| 10 | All examinations shall be
announced publicly at least 2 weeks | ||||||
| 11 | in advance of the date of
examinations and may be advertised | ||||||
| 12 | through the press, radio or other
media.
| ||||||
| 13 | The Director may, at his discretion, accept the results of
| ||||||
| 14 | competitive examinations conducted by any merit system | ||||||
| 15 | established by
Federal law or by the law of any State, and may | ||||||
| 16 | compile eligible lists
therefrom or may add the names of | ||||||
| 17 | successful candidates in examinations
conducted by those merit | ||||||
| 18 | systems to existing eligible lists in
accordance with their | ||||||
| 19 | respective ratings. No person who is a
non-resident of the | ||||||
| 20 | State of Illinois may be appointed from those
eligible lists, | ||||||
| 21 | however, unless the requirement that applicants be
residents of | ||||||
| 22 | the State of Illinois is waived by the Director of
Personnel | ||||||
| 23 | and unless there are less than 3 Illinois residents available
| ||||||
| 24 | for appointment from the appropriate eligible list. The results | ||||||
| 25 | of the
examinations conducted by other merit systems may not be | ||||||
| 26 | used unless
they are comparable in difficulty and | ||||||
| |||||||
| |||||||
| 1 | comprehensiveness to examinations
conducted by the Department | ||||||
| 2 | of Personnel for similar positions. Special
linguistic options | ||||||
| 3 | may also be established where deemed appropriate.
| ||||||
| 4 | (b) The Director of Personnel may require that each person | ||||||
| 5 | seeking
employment with the Secretary of State, as part of the | ||||||
| 6 | application
process, authorize an investigation to determine | ||||||
| 7 | if the applicant has
ever been convicted of a crime and if so, | ||||||
| 8 | the disposition of those
convictions; this authorization shall | ||||||
| 9 | indicate the scope of the inquiry
and the agencies which may be | ||||||
| 10 | contacted. Upon this authorization, the
Director of Personnel | ||||||
| 11 | may request and receive information and assistance
from any | ||||||
| 12 | federal, state or local governmental agency as part of the
| ||||||
| 13 | authorized investigation. The investigation shall be | ||||||
| 14 | undertaken after the
fingerprinting of an applicant in the form | ||||||
| 15 | and manner prescribed by the
Illinois Department of State | ||||||
| 16 | Police. The investigation shall consist of a criminal
history | ||||||
| 17 | records check performed by the Illinois Department of State | ||||||
| 18 | Police and the
Federal Bureau of Investigation, or some other | ||||||
| 19 | entity that has the ability to
check the applicant's | ||||||
| 20 | fingerprints against the fingerprint records now and
hereafter | ||||||
| 21 | filed in the Illinois Department of State Police and Federal | ||||||
| 22 | Bureau of
Investigation criminal history records databases. If | ||||||
| 23 | the Illinois Department of State Police and the Federal Bureau | ||||||
| 24 | of Investigation
conduct an investigation directly for the | ||||||
| 25 | Secretary of State's Office, then
the Illinois Department of | ||||||
| 26 | State Police shall charge a fee for conducting the criminal
| ||||||
| |||||||
| |||||||
| 1 | history records check, which shall be deposited in the State | ||||||
| 2 | Police Services
Fund and shall not exceed the actual cost of | ||||||
| 3 | the records check. The
Illinois Department of State Police | ||||||
| 4 | shall
provide information concerning any criminal convictions, | ||||||
| 5 | and their
disposition, brought against the applicant or | ||||||
| 6 | prospective employee of
the Secretary of State upon request of | ||||||
| 7 | the Department of Personnel when
the request is made in the | ||||||
| 8 | form and manner required by the Illinois Department of State | ||||||
| 9 | Police. The information derived from this investigation,
| ||||||
| 10 | including the source of this information, and any conclusions | ||||||
| 11 | or
recommendations derived from this information by the | ||||||
| 12 | Director of
Personnel shall be provided to the applicant or | ||||||
| 13 | prospective employee, or
his designee, upon request to the | ||||||
| 14 | Director of Personnel prior to any
final action by the Director | ||||||
| 15 | of Personnel on the application. No
information obtained from | ||||||
| 16 | such investigation may be placed in any
automated information | ||||||
| 17 | system. Any criminal convictions and their
disposition | ||||||
| 18 | information obtained by the Director of Personnel shall be
| ||||||
| 19 | confidential and may not be transmitted outside the Office of | ||||||
| 20 | the
Secretary of State, except as required herein, and may not | ||||||
| 21 | be
transmitted to anyone within the Office of the Secretary of | ||||||
| 22 | State except
as needed for the purpose of evaluating the | ||||||
| 23 | application. The only
physical identity materials which the | ||||||
| 24 | applicant or prospective employee
can be required to provide | ||||||
| 25 | the Director of Personnel are photographs or
fingerprints; | ||||||
| 26 | these shall be returned to the applicant or prospective
| ||||||
| |||||||
| |||||||
| 1 | employee upon request to the Director of Personnel, after the
| ||||||
| 2 | investigation has been completed and no copy of these materials | ||||||
| 3 | may be
kept by the Director of Personnel or any agency to which | ||||||
| 4 | such identity
materials were transmitted. Only information and | ||||||
| 5 | standards which bear a
reasonable and rational relation to the | ||||||
| 6 | performance of an employee shall
be used by the Director of | ||||||
| 7 | Personnel. The Secretary of State shall
adopt rules and | ||||||
| 8 | regulations for the administration of this Section. Any
| ||||||
| 9 | employee of the Secretary of State who gives or causes to be | ||||||
| 10 | given away
any confidential information concerning any | ||||||
| 11 | criminal convictions and
their disposition of an applicant or | ||||||
| 12 | prospective employee shall be
guilty of a Class A misdemeanor | ||||||
| 13 | unless release of such information is
authorized by this | ||||||
| 14 | Section.
| ||||||
| 15 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
| 16 | Section 95. The Civil Administrative Code of Illinois is | ||||||
| 17 | amended by changing Sections 1-5, 5-15, 5-20, 5-410, and 5-715 | ||||||
| 18 | as follows:
| ||||||
| 19 | (20 ILCS 5/1-5)
| ||||||
| 20 | Sec. 1-5. Articles. The Civil Administrative Code of | ||||||
| 21 | Illinois consists
of the following Articles:
| ||||||
| 22 | Article 1. General Provisions (20 ILCS 5/1-1 and | ||||||
| 23 | following).
| ||||||
| 24 | Article 5. Departments of State Government Law (20 ILCS | ||||||
| |||||||
| |||||||
| 1 | 5/5-1 and following).
| ||||||
| 2 | Article 50. State Budget Law (15 ILCS 20/).
| ||||||
| 3 | Article 110. Department on Aging Law (20 ILCS 110/).
| ||||||
| 4 | Article 205. Department of Agriculture Law (20 ILCS 205/).
| ||||||
| 5 | Article 250. State Fair Grounds Title Law (5 ILCS 620/).
| ||||||
| 6 | Article 310. Department of Human Services (Alcoholism and | ||||||
| 7 | Substance Abuse)
Law (20 ILCS 310/).
| ||||||
| 8 | Article 405. Department of Central Management Services Law | ||||||
| 9 | (20 ILCS 405/).
| ||||||
| 10 | Article 510. Department of Children and Family Services | ||||||
| 11 | Powers Law (20 ILCS
510/).
| ||||||
| 12 | Article 605. Department of Commerce and Economic | ||||||
| 13 | Opportunity Law (20 ILCS 605/).
| ||||||
| 14 | Article 805. Department of Natural Resources | ||||||
| 15 | (Conservation) Law (20 ILCS
805/).
| ||||||
| 16 | Article 1005. Department of Employment Security Law (20 | ||||||
| 17 | ILCS 1005/).
| ||||||
| 18 | Article 1405. Department of Insurance Law (20 ILCS 1405/).
| ||||||
| 19 | Article 1505. Department of Labor Law (20 ILCS 1505/).
| ||||||
| 20 | Article 1710. Department of Human Services (Mental Health | ||||||
| 21 | and Developmental
Disabilities) Law (20 ILCS 1710/).
| ||||||
| 22 | Article 1905. Department of Natural Resources (Mines and | ||||||
| 23 | Minerals) Law (20
ILCS
1905/).
| ||||||
| 24 | Article 2105. Department of Professional Regulation Law | ||||||
| 25 | (20 ILCS 2105/).
| ||||||
| 26 | Article 2205. Department of Healthcare and Family Services | ||||||
| |||||||
| |||||||
| 1 | Law (20 ILCS 2205/).
| ||||||
| 2 | Article 2310. Department of Public Health Powers and Duties | ||||||
| 3 | Law (20 ILCS
2310/).
| ||||||
| 4 | Article 2505. Department of Revenue Law (20 ILCS 2505/).
| ||||||
| 5 | Article 2510. Certified Audit Program Law (20 ILCS 2510/).
| ||||||
| 6 | Article 2605. Illinois Department of State Police Law (20 | ||||||
| 7 | ILCS 2605/).
| ||||||
| 8 | Article 2705. Department of Transportation Law (20 ILCS | ||||||
| 9 | 2705/).
| ||||||
| 10 | Article 3000. University of Illinois Exercise of Functions | ||||||
| 11 | and Duties Law
(110 ILCS 355/).
| ||||||
| 12 | (Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
| ||||||
| 13 | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| ||||||
| 14 | Sec. 5-15. Departments of State government. The | ||||||
| 15 | Departments of
State government are created as follows:
| ||||||
| 16 | The Department on Aging.
| ||||||
| 17 | The Department of Agriculture.
| ||||||
| 18 | The Department of Central Management Services.
| ||||||
| 19 | The Department of Children and Family Services.
| ||||||
| 20 | The Department of Commerce and Economic Opportunity.
| ||||||
| 21 | The Department of Corrections.
| ||||||
| 22 | The Department of Employment Security.
| ||||||
| 23 | The Illinois Emergency Management Agency.
| ||||||
| 24 | The Department of Financial and Professional Regulation.
| ||||||
| 25 | The Department of Healthcare and Family Services.
| ||||||
| |||||||
| |||||||
| 1 | The Department of Human Rights.
| ||||||
| 2 | The Department of Human Services.
| ||||||
| 3 | The Department of Innovation and Technology. | ||||||
| 4 | The Department of Insurance. | ||||||
| 5 | The Department of Juvenile Justice.
| ||||||
| 6 | The Department of Labor.
| ||||||
| 7 | The Department of the Lottery.
| ||||||
| 8 | The Department of Natural Resources.
| ||||||
| 9 | The Department of Public Health.
| ||||||
| 10 | The Department of Revenue.
| ||||||
| 11 | The Illinois Department of State Police.
| ||||||
| 12 | The Department of Transportation.
| ||||||
| 13 | The Department of Veterans' Affairs.
| ||||||
| 14 | (Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
| ||||||
| 15 | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| ||||||
| 16 | Sec. 5-20. Heads of departments. Each department shall have | ||||||
| 17 | an
officer as its head who shall
be known as director or | ||||||
| 18 | secretary and who shall, subject to the
provisions of the Civil | ||||||
| 19 | Administrative Code of Illinois,
execute the powers and | ||||||
| 20 | discharge the duties
vested by law in his or her respective | ||||||
| 21 | department.
| ||||||
| 22 | The following officers are hereby created:
| ||||||
| 23 | Director of Aging, for the Department on Aging.
| ||||||
| 24 | Director of Agriculture, for the Department of | ||||||
| 25 | Agriculture.
| ||||||
| |||||||
| |||||||
| 1 | Director of Central Management Services, for the | ||||||
| 2 | Department of Central
Management Services.
| ||||||
| 3 | Director of Children and Family Services, for the | ||||||
| 4 | Department of Children and
Family Services.
| ||||||
| 5 | Director of Commerce and Economic Opportunity, for
the | ||||||
| 6 | Department of Commerce
and Economic Opportunity.
| ||||||
| 7 | Director of Corrections, for the Department of | ||||||
| 8 | Corrections.
| ||||||
| 9 | Director of the Illinois Emergency Management Agency, for | ||||||
| 10 | the Illinois Emergency Management Agency.
| ||||||
| 11 | Director of Employment Security, for the Department of | ||||||
| 12 | Employment Security.
| ||||||
| 13 | Secretary of Financial and Professional Regulation, for | ||||||
| 14 | the Department of Financial and Professional Regulation.
| ||||||
| 15 | Director of Healthcare and Family Services, for the | ||||||
| 16 | Department of Healthcare and Family Services.
| ||||||
| 17 | Director of Human Rights, for the Department of Human | ||||||
| 18 | Rights.
| ||||||
| 19 | Secretary of Human Services, for the Department of Human | ||||||
| 20 | Services.
| ||||||
| 21 | Secretary of Innovation and Technology, for the Department | ||||||
| 22 | of Innovation and Technology. | ||||||
| 23 | Director of Insurance, for the Department of Insurance. | ||||||
| 24 | Director of Juvenile Justice, for the Department of | ||||||
| 25 | Juvenile Justice.
| ||||||
| 26 | Director of Labor, for the Department of Labor.
| ||||||
| |||||||
| |||||||
| 1 | Director of the Lottery, for the Department of the Lottery. | ||||||
| 2 | Director of Natural Resources, for the Department of | ||||||
| 3 | Natural Resources.
| ||||||
| 4 | Director of Public Health, for the Department of Public | ||||||
| 5 | Health.
| ||||||
| 6 | Director of Revenue, for the Department of Revenue.
| ||||||
| 7 | Director of the Illinois State Police, for the Illinois | ||||||
| 8 | Department of State Police.
| ||||||
| 9 | Secretary of Transportation, for the Department of | ||||||
| 10 | Transportation.
| ||||||
| 11 | Director of Veterans' Affairs, for the Department of | ||||||
| 12 | Veterans' Affairs.
| ||||||
| 13 | (Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
| ||||||
| 14 | (20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
| ||||||
| 15 | Sec. 5-410. In the Illinois Department of State Police. For | ||||||
| 16 | terms ending before December 31, 2019, the Director of the | ||||||
| 17 | Illinois State
Police shall receive an annual salary as set by | ||||||
| 18 | the Compensation Review Board.
| ||||||
| 19 | For terms ending before December 31, 2019, the Assistant | ||||||
| 20 | Director of State Police shall receive
an annual salary as set | ||||||
| 21 | by the Compensation Review Board.
| ||||||
| 22 | (Source: P.A. 100-1179, eff. 1-18-19.)
| ||||||
| 23 | (20 ILCS 5/5-715) | ||||||
| 24 | Sec. 5-715. Expedited licensure for service members and | ||||||
| |||||||
| |||||||
| 1 | spouses. | ||||||
| 2 | (a) In this Section, "service member" means any person who, | ||||||
| 3 | at the time of application under this Section, is an active | ||||||
| 4 | duty member of the United States Armed Forces or any reserve | ||||||
| 5 | component of the United States Armed Forces, the Coast Guard, | ||||||
| 6 | or the National Guard of any state, commonwealth, or territory | ||||||
| 7 | of the United States or the District of Columbia or whose | ||||||
| 8 | active duty service concluded within the preceding 2 years | ||||||
| 9 | before application. | ||||||
| 10 | (a-5) The Department of Financial and Professional | ||||||
| 11 | Regulation shall within 180 days after the effective date of | ||||||
| 12 | this amendatory Act of the 101st General Assembly designate one | ||||||
| 13 | staff member as the military liaison within the Department of | ||||||
| 14 | Financial and Professional Regulation to ensure proper | ||||||
| 15 | enactment of the requirements of this Section. The military | ||||||
| 16 | liaison's responsibilities shall also include, but are not | ||||||
| 17 | limited to: (1) the management of all expedited applications to | ||||||
| 18 | ensure processing within 60 days after receipt of a completed | ||||||
| 19 | application; (2) coordination with all military installation | ||||||
| 20 | military and family support center directors within this State, | ||||||
| 21 | including virtual, phone, or in-person periodic meetings with | ||||||
| 22 | each military installation military and family support center; | ||||||
| 23 | and (3) training by the military liaison to all directors of | ||||||
| 24 | each division that issues an occupational or professional | ||||||
| 25 | license to ensure proper application of this Section. Beginning | ||||||
| 26 | in 2020, and at the end of each calendar year thereafter, the | ||||||
| |||||||
| |||||||
| 1 | military liaison shall provide an annual report documenting the | ||||||
| 2 | expedited licensure program for service members and spouses, | ||||||
| 3 | and shall deliver that report to the Secretary of Financial and | ||||||
| 4 | Professional Regulation and the Lieutenant Governor. | ||||||
| 5 | (b) Each director of a department that issues an | ||||||
| 6 | occupational or professional license is authorized to and shall | ||||||
| 7 | issue an expedited license to a service member who meets the | ||||||
| 8 | requirements under this Section. Review and determination of an | ||||||
| 9 | application for a license issued by the department shall be | ||||||
| 10 | expedited by the department within 60 days after the date on | ||||||
| 11 | which the applicant provides the department with all necessary | ||||||
| 12 | documentation required for licensure. An expedited license | ||||||
| 13 | shall be issued by the department to any service members | ||||||
| 14 | meeting the application requirements of this Section, | ||||||
| 15 | regardless of whether the service member currently resides in | ||||||
| 16 | this State. The service member shall apply to the department on | ||||||
| 17 | forms provided by the department. An application must include | ||||||
| 18 | proof that: | ||||||
| 19 | (1) the applicant is a service member; | ||||||
| 20 | (2) the applicant holds a valid license in good | ||||||
| 21 | standing for the occupation or profession issued by another | ||||||
| 22 | state, commonwealth, possession, or territory of the | ||||||
| 23 | United States, the District of Columbia, or any foreign | ||||||
| 24 | jurisdiction and the requirements for licensure in the | ||||||
| 25 | other jurisdiction are determined by the department to be | ||||||
| 26 | substantially equivalent to the standards for licensure of | ||||||
| |||||||
| |||||||
| 1 | this State; | ||||||
| 2 | (3) the applicant is assigned to a duty station in this | ||||||
| 3 | State, has established legal residence in this State, or | ||||||
| 4 | will reside in this State within 6 months after the date of | ||||||
| 5 | application; | ||||||
| 6 | (4) a complete set of the applicant's fingerprints has | ||||||
| 7 | been submitted to the Illinois Department of State Police | ||||||
| 8 | for statewide and national criminal history checks, if | ||||||
| 9 | applicable to the requirements of the department issuing | ||||||
| 10 | the license; the applicant shall pay the fee to the | ||||||
| 11 | Illinois Department of State Police or to the fingerprint | ||||||
| 12 | vendor for electronic fingerprint processing; no temporary | ||||||
| 13 | occupational or professional license shall be issued to an | ||||||
| 14 | applicant if the statewide or national criminal history | ||||||
| 15 | check discloses information that would cause the denial of | ||||||
| 16 | an application for licensure under any applicable | ||||||
| 17 | occupational or professional licensing Act; | ||||||
| 18 | (5) the applicant is not ineligible for licensure | ||||||
| 19 | pursuant to Section 2105-165 of the Civil Administrative | ||||||
| 20 | Code of Illinois; | ||||||
| 21 | (6) the applicant has submitted an application for full | ||||||
| 22 | licensure; and | ||||||
| 23 | (7) the applicant has paid the required fee; fees shall | ||||||
| 24 | not be refundable. | ||||||
| 25 | (c) Each director of a department that issues an | ||||||
| 26 | occupational or professional license is authorized to and shall | ||||||
| |||||||
| |||||||
| 1 | issue an expedited license to the spouse of a service member | ||||||
| 2 | who meets the requirements under this Section. Review and | ||||||
| 3 | determination of an application for a license shall be | ||||||
| 4 | expedited by the department within 60 days after the date on | ||||||
| 5 | which the applicant provides the department with all necessary | ||||||
| 6 | documentation required for licensure. An expedited license | ||||||
| 7 | shall be issued by the department to any spouse of a service | ||||||
| 8 | member meeting the application requirements of this Section, | ||||||
| 9 | regardless of whether the spouse or the service member | ||||||
| 10 | currently reside in this State. The spouse of a service member | ||||||
| 11 | shall apply to the department on forms provided by the | ||||||
| 12 | department. An application must include proof that: | ||||||
| 13 | (1) the applicant is the spouse of a service member; | ||||||
| 14 | (2) the applicant holds a valid license in good | ||||||
| 15 | standing for the occupation or profession issued by another | ||||||
| 16 | state, commonwealth, possession, or territory of the | ||||||
| 17 | United States, the District of Columbia, or any foreign | ||||||
| 18 | jurisdiction and the requirements for licensure in the | ||||||
| 19 | other jurisdiction are determined by the department to be | ||||||
| 20 | substantially equivalent to the standards for licensure of | ||||||
| 21 | this State; | ||||||
| 22 | (3) the applicant's spouse is assigned to a duty | ||||||
| 23 | station in this State, has established legal residence in | ||||||
| 24 | this State, or will reside in this State within 6 months | ||||||
| 25 | after the date of application; | ||||||
| 26 | (4) a complete set of the applicant's fingerprints has | ||||||
| |||||||
| |||||||
| 1 | been submitted to the Illinois Department of State Police | ||||||
| 2 | for statewide and national criminal history checks, if | ||||||
| 3 | applicable to the requirements of the department issuing | ||||||
| 4 | the license; the applicant shall pay the fee to the | ||||||
| 5 | Illinois Department of State Police or to the fingerprint | ||||||
| 6 | vendor for electronic fingerprint processing; no temporary | ||||||
| 7 | occupational or professional license shall be issued to an | ||||||
| 8 | applicant if the statewide or national criminal history | ||||||
| 9 | check discloses information that would cause the denial of | ||||||
| 10 | an application for licensure under any applicable | ||||||
| 11 | occupational or professional licensing Act; | ||||||
| 12 | (5) the applicant is not ineligible for licensure | ||||||
| 13 | pursuant to Section 2105-165 of the Civil Administrative | ||||||
| 14 | Code of Illinois; | ||||||
| 15 | (6) the applicant has submitted an application for full | ||||||
| 16 | licensure; and | ||||||
| 17 | (7) the applicant has paid the required fee; fees shall | ||||||
| 18 | not be refundable. | ||||||
| 19 | (c-5) If a service member or his or her spouse relocates | ||||||
| 20 | from this State, he or she shall be provided an opportunity to | ||||||
| 21 | place his or her license in inactive status through | ||||||
| 22 | coordination with the military liaison. If the service member | ||||||
| 23 | or his or her spouse returns to this State, he or she may | ||||||
| 24 | reactivate the license in accordance with the statutory | ||||||
| 25 | provisions regulating the profession and any applicable | ||||||
| 26 | administrative rules. The license reactivation shall be | ||||||
| |||||||
| |||||||
| 1 | expedited and completed within 30 days after receipt of a | ||||||
| 2 | completed application to reactivate the license. A license | ||||||
| 3 | reactivation is only applicable when the valid license for | ||||||
| 4 | which the first issuance of a license was predicated is still | ||||||
| 5 | valid and in good standing. An application to reactivate a | ||||||
| 6 | license must include proof that
the applicant still holds a | ||||||
| 7 | valid license in good standing for the occupation or profession | ||||||
| 8 | issued in another State, commonwealth, possession, or | ||||||
| 9 | territory of the United States, the District of Columbia, or | ||||||
| 10 | any foreign jurisdiction. | ||||||
| 11 | (d) All relevant experience of a service member or his or | ||||||
| 12 | her spouse in the discharge of official duties, including | ||||||
| 13 | full-time and part-time experience, shall be credited in the | ||||||
| 14 | calculation of any years of practice in an occupation or | ||||||
| 15 | profession as may be required under any applicable occupational | ||||||
| 16 | or professional licensing Act. All relevant training provided | ||||||
| 17 | by the military and completed by a service member shall be | ||||||
| 18 | credited to that service member as meeting any training or | ||||||
| 19 | education requirement under any applicable occupational or | ||||||
| 20 | professional licensing Act, provided that the training or | ||||||
| 21 | education is determined by the department to be substantially | ||||||
| 22 | equivalent to that required under any applicable Act and is not | ||||||
| 23 | otherwise contrary to any other licensure requirement. | ||||||
| 24 | (e) A department may adopt any rules necessary for the | ||||||
| 25 | implementation and administration of this Section and shall by | ||||||
| 26 | rule provide for fees for the administration of this Section.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-240, eff. 1-1-20.)
| ||||||
| 2 | (20 ILCS 5/5-180 rep.) | ||||||
| 3 | Section 100. The Civil Administrative Code of Illinois is | ||||||
| 4 | amended by repealing Section 5-180.
| ||||||
| 5 | Section 105. The Department of Agriculture Law of the Civil | ||||||
| 6 | Administrative
Code of Illinois is amended by changing Section | ||||||
| 7 | 205-425 as follows:
| ||||||
| 8 | (20 ILCS 205/205-425) (was 20 ILCS 205/40.37)
| ||||||
| 9 | Sec. 205-425.
Criminal history record information from | ||||||
| 10 | Illinois Department of State Police. Whenever the Department is
| ||||||
| 11 | authorized or required by law to consider some aspect of | ||||||
| 12 | criminal
history record information for the purpose of carrying | ||||||
| 13 | out its statutory
powers and responsibilities, then, upon | ||||||
| 14 | request and payment of fees in
conformance with the | ||||||
| 15 | requirements of Section 2605-400 of the Illinois Department of | ||||||
| 16 | State Police Law (20 ILCS 2605/2605-400), the
Illinois | ||||||
| 17 | Department of State Police is
authorized to furnish, pursuant | ||||||
| 18 | to positive identification, the
information contained in State | ||||||
| 19 | files that is necessary to fulfill
the request.
| ||||||
| 20 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 21 | Section 110. The Substance Use Disorder Act is amended by | ||||||
| 22 | changing Sections 5-10, 10-15, and 45-55 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 301/5-10)
| ||||||
| 2 | Sec. 5-10. Functions of the Department.
| ||||||
| 3 | (a) In addition to the powers, duties and functions vested | ||||||
| 4 | in the Department
by this Act, or by other laws of this State, | ||||||
| 5 | the Department shall carry out the
following activities:
| ||||||
| 6 | (1) Design, coordinate and fund comprehensive
| ||||||
| 7 | community-based and culturally and gender-appropriate | ||||||
| 8 | services
throughout the State. These services must include
| ||||||
| 9 | prevention, early intervention, treatment, and other
| ||||||
| 10 | recovery support services for substance use disorders that
| ||||||
| 11 | are accessible and addresses the needs of at-risk
| ||||||
| 12 | individuals and their families.
| ||||||
| 13 | (2) Act as the exclusive State agency to accept, | ||||||
| 14 | receive and expend,
pursuant to appropriation, any public | ||||||
| 15 | or private monies, grants or services,
including those | ||||||
| 16 | received from the federal government or from other State
| ||||||
| 17 | agencies, for the purpose of providing prevention, early
| ||||||
| 18 | intervention, treatment, and other recovery support
| ||||||
| 19 | services for substance use disorders.
| ||||||
| 20 | (2.5) In partnership with the Department of Healthcare | ||||||
| 21 | and Family Services, act as one of the principal State | ||||||
| 22 | agencies for the sole purpose of calculating the | ||||||
| 23 | maintenance of effort requirement under Section 1930 of | ||||||
| 24 | Title XIX, Part B, Subpart II of the Public Health Service | ||||||
| 25 | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR | ||||||
| |||||||
| |||||||
| 1 | 96.134). | ||||||
| 2 | (3) Coordinate a statewide strategy for the
| ||||||
| 3 | prevention, early intervention,
treatment, and recovery | ||||||
| 4 | support of substance use
disorders. This strategy shall | ||||||
| 5 | include the development of a
comprehensive plan, submitted | ||||||
| 6 | annually with the
application for federal substance use | ||||||
| 7 | disorder block grant
funding, for the provision of an array | ||||||
| 8 | of such services. The plan shall be based on local | ||||||
| 9 | community-based needs and upon
data including, but not | ||||||
| 10 | limited to, that which defines the prevalence of and
costs | ||||||
| 11 | associated with substance use
disorders.
This | ||||||
| 12 | comprehensive plan shall include identification of | ||||||
| 13 | problems, needs,
priorities, services and other pertinent | ||||||
| 14 | information, including the needs of
minorities and other | ||||||
| 15 | specific priority populations in the State, and shall | ||||||
| 16 | describe how
the identified problems and needs will be | ||||||
| 17 | addressed. For purposes of this
paragraph, the term | ||||||
| 18 | "minorities and other specific priority populations" may | ||||||
| 19 | include,
but shall not be limited to, groups such as women, | ||||||
| 20 | children, intravenous drug
users, persons with AIDS or who | ||||||
| 21 | are HIV infected, veterans, African-Americans, Puerto
| ||||||
| 22 | Ricans, Hispanics, Asian Americans, the elderly, persons | ||||||
| 23 | in the criminal
justice system, persons who are clients of | ||||||
| 24 | services provided by other State
agencies, persons with | ||||||
| 25 | disabilities and such other specific populations as the
| ||||||
| 26 | Department may from time to time identify. In developing | ||||||
| |||||||
| |||||||
| 1 | the plan, the
Department shall seek input from providers, | ||||||
| 2 | parent groups, associations and
interested citizens.
| ||||||
| 3 | The plan
developed under this Section shall include an | ||||||
| 4 | explanation of the rationale to
be used in ensuring that | ||||||
| 5 | funding shall be based upon local community needs,
| ||||||
| 6 | including, but not limited to, the incidence and prevalence | ||||||
| 7 | of, and costs
associated with, substance use
disorders, as
| ||||||
| 8 | well as upon demonstrated program performance.
| ||||||
| 9 | The plan developed under this Section shall
also | ||||||
| 10 | contain a report detailing the activities of and progress | ||||||
| 11 | made through services for the
care and treatment of | ||||||
| 12 | substance use disorders among
pregnant women and mothers | ||||||
| 13 | and their children established
under subsection (j) of | ||||||
| 14 | Section 35-5.
| ||||||
| 15 | As applicable, the plan developed under this Section
| ||||||
| 16 | shall also include information about funding by other State
| ||||||
| 17 | agencies for prevention, early intervention, treatment,
| ||||||
| 18 | and other recovery support services.
| ||||||
| 19 | (4) Lead, foster and develop cooperation, coordination | ||||||
| 20 | and agreements
among federal and State governmental | ||||||
| 21 | agencies and local providers that provide
assistance, | ||||||
| 22 | services, funding or other functions, peripheral or | ||||||
| 23 | direct, in the
prevention, early intervention, treatment,
| ||||||
| 24 | and recovery support for substance use disorders. This | ||||||
| 25 | shall include, but shall not be limited to,
the following:
| ||||||
| 26 | (A) Cooperate with and assist other State
| ||||||
| |||||||
| |||||||
| 1 | agencies, as applicable, in establishing and
| ||||||
| 2 | conducting substance use disorder services among the
| ||||||
| 3 | populations they respectively serve.
| ||||||
| 4 | (B) Cooperate with and assist the Illinois | ||||||
| 5 | Department of Public Health
in the establishment, | ||||||
| 6 | funding and support of programs and services for the
| ||||||
| 7 | promotion of maternal and child health and the | ||||||
| 8 | prevention and treatment of
infectious diseases, | ||||||
| 9 | including but not limited to HIV infection, especially
| ||||||
| 10 | with respect to those persons who are high risk due to
| ||||||
| 11 | intravenous injection of illegal drugs, or who may have
| ||||||
| 12 | been sexual partners of these individuals, or who may
| ||||||
| 13 | have impaired immune systems as a result of a
substance | ||||||
| 14 | use disorder.
| ||||||
| 15 | (C) Supply to the Department of Public Health and | ||||||
| 16 | prenatal care
providers a list of all providers who are
| ||||||
| 17 | licensed to provide substance use disorder treatment
| ||||||
| 18 | for pregnant women in this State.
| ||||||
| 19 | (D) Assist in the placement of child abuse or | ||||||
| 20 | neglect perpetrators
(identified by the Illinois | ||||||
| 21 | Department of Children and Family Services (DCFS)) who
| ||||||
| 22 | have been determined to be in need of substance use
| ||||||
| 23 | disorder treatment
pursuant to Section 8.2 of the | ||||||
| 24 | Abused and Neglected Child Reporting Act.
| ||||||
| 25 | (E) Cooperate with and assist DCFS in carrying out | ||||||
| 26 | its mandates to:
| ||||||
| |||||||
| |||||||
| 1 | (i) identify substance use disorders among its | ||||||
| 2 | clients and
their families; and
| ||||||
| 3 | (ii) develop services to deal with such | ||||||
| 4 | disorders.
| ||||||
| 5 | These services may include, but shall not be limited | ||||||
| 6 | to,
programs to prevent or treat substance
use | ||||||
| 7 | disorders with DCFS clients and their families,
| ||||||
| 8 | identifying child care needs within such treatment, | ||||||
| 9 | and assistance with other
issues as required.
| ||||||
| 10 | (F) Cooperate with and assist the Illinois | ||||||
| 11 | Criminal Justice Information
Authority with respect to | ||||||
| 12 | statistical and other information concerning the | ||||||
| 13 | incidence and prevalence of substance use
disorders.
| ||||||
| 14 | (G) Cooperate with and assist the State | ||||||
| 15 | Superintendent of Education,
boards of education, | ||||||
| 16 | schools, police departments, the Illinois Department | ||||||
| 17 | of State Police, courts and other public and private | ||||||
| 18 | agencies and individuals in
establishing prevention | ||||||
| 19 | programs statewide and preparing curriculum materials
| ||||||
| 20 | for use at all levels of education.
| ||||||
| 21 | (H) Cooperate with and assist the Illinois | ||||||
| 22 | Department of Healthcare and Family Services in
the | ||||||
| 23 | development and provision of services offered to | ||||||
| 24 | recipients of public
assistance for the treatment and | ||||||
| 25 | prevention of substance use disorders.
| ||||||
| 26 | (I) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (5) From monies appropriated to the Department from the | ||||||
| 2 | Drunk and Drugged
Driving Prevention Fund, reimburse DUI | ||||||
| 3 | evaluation and risk
education programs licensed by the | ||||||
| 4 | Department for providing
indigent persons with free or | ||||||
| 5 | reduced-cost evaluation and risk education services | ||||||
| 6 | relating to a charge of
driving under the influence of | ||||||
| 7 | alcohol or other drugs.
| ||||||
| 8 | (6) Promulgate regulations to identify and disseminate | ||||||
| 9 | best practice guidelines that can be utilized by publicly
| ||||||
| 10 | and privately funded programs as well as for levels of | ||||||
| 11 | payment to government
funded programs that provide | ||||||
| 12 | prevention,
early intervention, treatment, and other | ||||||
| 13 | recovery support services for substance use disorders and | ||||||
| 14 | those services referenced in Sections 15-10
and 40-5.
| ||||||
| 15 | (7) In consultation with providers and
related trade | ||||||
| 16 | associations, specify a uniform
methodology for use by | ||||||
| 17 | funded providers and the
Department for billing
and | ||||||
| 18 | collection and dissemination of statistical information
| ||||||
| 19 | regarding services related to substance use
disorders.
| ||||||
| 20 | (8) Receive data and assistance from federal, State and | ||||||
| 21 | local governmental
agencies, and obtain copies of | ||||||
| 22 | identification and arrest data from all federal,
State and | ||||||
| 23 | local law enforcement agencies for use in carrying out the | ||||||
| 24 | purposes
and functions of the Department.
| ||||||
| 25 | (9) Designate and license providers to conduct | ||||||
| 26 | screening, assessment,
referral and tracking of clients | ||||||
| |||||||
| |||||||
| 1 | identified by the criminal justice system as
having | ||||||
| 2 | indications of substance use
disorders and being
eligible | ||||||
| 3 | to make an election for treatment under Section 40-5 of | ||||||
| 4 | this Act, and
assist in the placement of individuals who | ||||||
| 5 | are under court order to participate
in treatment.
| ||||||
| 6 | (10) Identify and disseminate evidence-based best | ||||||
| 7 | practice guidelines as maintained in administrative rule | ||||||
| 8 | that can be utilized to determine a substance use disorder | ||||||
| 9 | diagnosis.
| ||||||
| 10 | (11) (Blank).
| ||||||
| 11 | (12) Make grants with funds appropriated from the Drug | ||||||
| 12 | Treatment Fund in
accordance with Section 7 of the | ||||||
| 13 | Controlled Substance and Cannabis Nuisance
Act, or in | ||||||
| 14 | accordance with Section 80 of the Methamphetamine Control | ||||||
| 15 | and Community Protection Act, or in accordance with | ||||||
| 16 | subsections (h) and (i) of Section 411.2 of the
Illinois | ||||||
| 17 | Controlled Substances Act, or in accordance with Section | ||||||
| 18 | 6z-107 of the State Finance Act.
| ||||||
| 19 | (13) Encourage all health and disability insurance | ||||||
| 20 | programs to include
substance use disorder
treatment as a | ||||||
| 21 | covered service and to use evidence-based best practice | ||||||
| 22 | criteria as maintained in administrative rule and as | ||||||
| 23 | required in Public Act 99-0480 in determining the necessity | ||||||
| 24 | for such services and continued stay.
| ||||||
| 25 | (14) Award grants and enter into fixed-rate and | ||||||
| 26 | fee-for-service arrangements
with any other department, | ||||||
| |||||||
| |||||||
| 1 | authority or commission of this State, or any other
state | ||||||
| 2 | or the federal government or with any public or private | ||||||
| 3 | agency, including
the disbursement of funds and furnishing | ||||||
| 4 | of staff, to effectuate the purposes
of this Act.
| ||||||
| 5 | (15) Conduct a public information campaign to inform | ||||||
| 6 | the State's
Hispanic residents regarding the prevention | ||||||
| 7 | and treatment of substance use disorders.
| ||||||
| 8 | (b) In addition to the powers, duties and functions vested | ||||||
| 9 | in it by this
Act, or by other laws of this State, the | ||||||
| 10 | Department may undertake, but shall
not be limited to, the | ||||||
| 11 | following activities:
| ||||||
| 12 | (1) Require all organizations licensed or funded by the | ||||||
| 13 | Department to include an education
component to inform | ||||||
| 14 | participants regarding the causes and means of | ||||||
| 15 | transmission
and methods of reducing the risk of acquiring | ||||||
| 16 | or transmitting HIV infection and other infectious
| ||||||
| 17 | diseases,
and to include funding for such education | ||||||
| 18 | component in its support of the
program.
| ||||||
| 19 | (2) Review all State agency applications for federal | ||||||
| 20 | funds that include
provisions relating to the prevention, | ||||||
| 21 | early intervention and treatment of
substance use
| ||||||
| 22 | disorders in order to ensure consistency.
| ||||||
| 23 | (3) Prepare, publish, evaluate, disseminate and serve | ||||||
| 24 | as a central
repository for educational materials dealing | ||||||
| 25 | with the nature and effects of
substance use disorders. | ||||||
| 26 | Such materials may deal with
the educational needs of the | ||||||
| |||||||
| |||||||
| 1 | citizens of Illinois, and may include at least
pamphlets | ||||||
| 2 | that describe the causes and effects of fetal alcohol
| ||||||
| 3 | spectrum disorders.
| ||||||
| 4 | (4) Develop and coordinate, with regional and local | ||||||
| 5 | agencies, education
and training programs for persons | ||||||
| 6 | engaged in providing services
for persons with
substance | ||||||
| 7 | use disorders,
which programs may include specific HIV | ||||||
| 8 | education and training for program
personnel.
| ||||||
| 9 | (5) Cooperate with and assist in the development of | ||||||
| 10 | education, prevention, early intervention,
and treatment | ||||||
| 11 | programs for employees of State and local governments and
| ||||||
| 12 | businesses in the State.
| ||||||
| 13 | (6) Utilize the support and assistance of interested | ||||||
| 14 | persons in the
community, including recovering persons, to | ||||||
| 15 | assist individuals
and communities in understanding the | ||||||
| 16 | dynamics of substance use
disorders, and to encourage
| ||||||
| 17 | individuals with substance use disorders to
voluntarily | ||||||
| 18 | undergo treatment.
| ||||||
| 19 | (7) Promote, conduct, assist or sponsor basic | ||||||
| 20 | clinical, epidemiological
and statistical research into | ||||||
| 21 | substance use disorders
and research into the prevention of | ||||||
| 22 | those problems either solely or in
conjunction with any | ||||||
| 23 | public or private agency.
| ||||||
| 24 | (8) Cooperate with public and private agencies, | ||||||
| 25 | organizations and
individuals in the development of | ||||||
| 26 | programs, and to provide technical assistance
and | ||||||
| |||||||
| |||||||
| 1 | consultation services for this purpose.
| ||||||
| 2 | (9) (Blank).
| ||||||
| 3 | (10) (Blank).
| ||||||
| 4 | (11) Fund, promote, or assist entities dealing with
| ||||||
| 5 | substance use disorders.
| ||||||
| 6 | (12) With monies appropriated from the Group Home Loan | ||||||
| 7 | Revolving Fund,
make loans, directly or through | ||||||
| 8 | subcontract, to assist in underwriting the
costs of housing | ||||||
| 9 | in which individuals recovering from substance use
| ||||||
| 10 | disorders may reside, pursuant
to Section 50-40 of this | ||||||
| 11 | Act.
| ||||||
| 12 | (13) Promulgate such regulations as may be necessary to | ||||||
| 13 | carry out the purposes and enforce the
provisions of this | ||||||
| 14 | Act.
| ||||||
| 15 | (14) Provide funding to help parents be effective in | ||||||
| 16 | preventing
substance use disorders by building an | ||||||
| 17 | awareness of the family's
role in preventing substance use | ||||||
| 18 | disorders through adjusting expectations, developing new | ||||||
| 19 | skills,
and setting positive family goals. The programs | ||||||
| 20 | shall include, but not be
limited to, the following | ||||||
| 21 | subjects: healthy family communication; establishing
rules | ||||||
| 22 | and limits; how to reduce family conflict; how to build | ||||||
| 23 | self-esteem,
competency, and responsibility in children; | ||||||
| 24 | how to improve motivation and
achievement; effective | ||||||
| 25 | discipline; problem solving techniques; and how to talk
| ||||||
| 26 | about drugs and alcohol. The programs shall be open to all | ||||||
| |||||||
| |||||||
| 1 | parents.
| ||||||
| 2 | (Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19; | ||||||
| 3 | 101-10, eff. 6-5-19.)
| ||||||
| 4 | (20 ILCS 301/10-15)
| ||||||
| 5 | Sec. 10-15. Qualification and appointment of members. The | ||||||
| 6 | membership of
the Illinois Advisory Council may, as needed, | ||||||
| 7 | consist of:
| ||||||
| 8 | (a) A State's Attorney designated by the President of | ||||||
| 9 | the Illinois State's
Attorneys Association.
| ||||||
| 10 | (b) A judge designated by the Chief Justice of the | ||||||
| 11 | Illinois Supreme Court.
| ||||||
| 12 | (c) A Public Defender appointed by the President of the | ||||||
| 13 | Illinois Public Defender
Association.
| ||||||
| 14 | (d) A local law enforcement officer appointed by the | ||||||
| 15 | Governor.
| ||||||
| 16 | (e) A labor representative appointed by the Governor.
| ||||||
| 17 | (f) An educator appointed by the Governor.
| ||||||
| 18 | (g) A physician licensed to practice medicine in all | ||||||
| 19 | its branches
appointed
by the Governor with due regard for | ||||||
| 20 | the appointee's knowledge of the field of
substance use | ||||||
| 21 | disorders.
| ||||||
| 22 | (h) 4 members of the Illinois House of Representatives, | ||||||
| 23 | 2 each appointed
by the Speaker and Minority Leader.
| ||||||
| 24 | (i) 4 members of the Illinois Senate, 2 each appointed | ||||||
| 25 | by the President
and Minority Leader.
| ||||||
| |||||||
| |||||||
| 1 | (j) The Chief Executive Officer of the Illinois | ||||||
| 2 | Association for Behavioral Health or his or her designee.
| ||||||
| 3 | (k) An advocate for the needs of youth appointed by the | ||||||
| 4 | Governor.
| ||||||
| 5 | (l) The President of the Illinois State Medical Society | ||||||
| 6 | or his or her
designee.
| ||||||
| 7 | (m) The President of the Illinois Hospital Association | ||||||
| 8 | or his or her
designee.
| ||||||
| 9 | (n) The President of the Illinois Nurses Association or | ||||||
| 10 | a registered nurse
designated by the President.
| ||||||
| 11 | (o) The President of the Illinois Pharmacists | ||||||
| 12 | Association or a licensed
pharmacist designated by the | ||||||
| 13 | President.
| ||||||
| 14 | (p) The President of the Illinois Chapter of the | ||||||
| 15 | Association of Labor-Management Administrators and | ||||||
| 16 | Consultants on Alcoholism.
| ||||||
| 17 | (p-1) The Chief Executive Officer of the Community | ||||||
| 18 | Behavioral Healthcare Association
of Illinois or his or her | ||||||
| 19 | designee.
| ||||||
| 20 | (q) The Attorney General or his or her designee.
| ||||||
| 21 | (r) The State Comptroller or his or her designee.
| ||||||
| 22 | (s) 20 public members, 8 appointed by the Governor, 3 | ||||||
| 23 | of whom shall be
representatives of substance use disorder | ||||||
| 24 | treatment
programs and one of whom shall be a | ||||||
| 25 | representative of a manufacturer or
importing distributor | ||||||
| 26 | of alcoholic liquor licensed by the State of Illinois,
and | ||||||
| |||||||
| |||||||
| 1 | 3 public members appointed by each of the President and | ||||||
| 2 | Minority Leader of
the Senate and the Speaker and Minority | ||||||
| 3 | Leader of the House. | ||||||
| 4 | (t) The Director, Secretary, or other chief | ||||||
| 5 | administrative officer, ex officio, or his or her designee, | ||||||
| 6 | of each of the following: the Department on Aging, the | ||||||
| 7 | Department of Children and Family Services, the Department | ||||||
| 8 | of Corrections, the Department of Juvenile Justice, the | ||||||
| 9 | Department of Healthcare and Family Services, the | ||||||
| 10 | Department of Revenue, the Department of Public Health, the | ||||||
| 11 | Department of Financial and Professional Regulation, the | ||||||
| 12 | Illinois Department of State Police, the Administrative | ||||||
| 13 | Office of the Illinois Courts, the Criminal Justice | ||||||
| 14 | Information Authority, and the Department of | ||||||
| 15 | Transportation. | ||||||
| 16 | (u) Each of the following, ex officio, or his or her | ||||||
| 17 | designee: the Secretary of State, the State Superintendent | ||||||
| 18 | of Education, and the Chairman of the Board of Higher | ||||||
| 19 | Education.
| ||||||
| 20 | The public members may not be officers or employees of the | ||||||
| 21 | executive branch
of State government; however, the public | ||||||
| 22 | members may be officers or employees
of a State college or | ||||||
| 23 | university or of any law enforcement agency. In
appointing | ||||||
| 24 | members, due consideration shall be given to the experience of
| ||||||
| 25 | appointees in the fields of medicine, law, prevention, | ||||||
| 26 | correctional activities,
and social welfare. Vacancies in the | ||||||
| |||||||
| |||||||
| 1 | public membership shall be filled for the
unexpired term by | ||||||
| 2 | appointment in like manner as for original appointments, and
| ||||||
| 3 | the appointive members shall serve until their successors are | ||||||
| 4 | appointed and
have qualified. Vacancies among the public | ||||||
| 5 | members appointed by the
legislative leaders shall be filled by | ||||||
| 6 | the leader of the same house and of the
same political party as | ||||||
| 7 | the leader who originally appointed the member.
| ||||||
| 8 | Each non-appointive member may designate a representative | ||||||
| 9 | to serve in his
place by written notice to the Department. All | ||||||
| 10 | General Assembly members shall
serve until their respective | ||||||
| 11 | successors are appointed or until termination of
their | ||||||
| 12 | legislative service, whichever occurs first. The terms of | ||||||
| 13 | office for
each of the members appointed by the Governor shall | ||||||
| 14 | be for 3 years, except that
of the members first appointed, 3 | ||||||
| 15 | shall be appointed for a term of one year,
and 4 shall be | ||||||
| 16 | appointed for a term of 2 years. The terms of office of each of
| ||||||
| 17 | the public members appointed by the legislative leaders shall | ||||||
| 18 | be for 2 years.
| ||||||
| 19 | (Source: P.A. 100-201, eff. 8-18-17; 100-759, eff. 1-1-19.)
| ||||||
| 20 | (20 ILCS 301/45-55)
| ||||||
| 21 | Sec. 45-55. Powers and duties of designated agents.
| ||||||
| 22 | (a) It is hereby made the sole and exclusive duty of the | ||||||
| 23 | Department, and its
designated agents, officers and | ||||||
| 24 | investigators, to investigate all violations of
this Act, and | ||||||
| 25 | to cooperate with all agencies charged with enforcement of the
| ||||||
| |||||||
| |||||||
| 1 | laws of the United States, or any state, concerning matters | ||||||
| 2 | pertaining to this
Act. Nothing in this Act shall bar a grand | ||||||
| 3 | jury from conducting an
investigation of any alleged violation | ||||||
| 4 | of this Act. Any agent, officer,
investigator or peace officer | ||||||
| 5 | designated by the Department may:
| ||||||
| 6 | (1) execute and serve administrative inspection | ||||||
| 7 | warrants and subpoenas
under the authority of this State.
| ||||||
| 8 | (2) make seizures of property pursuant to the | ||||||
| 9 | provisions of this Act.
| ||||||
| 10 | (3) perform such other duties as the Department may | ||||||
| 11 | designate.
| ||||||
| 12 | The Secretary may appoint such investigators as is deemed
| ||||||
| 13 | necessary to carry
out the provisions of this Act. It shall be | ||||||
| 14 | the duty of such investigators to
investigate and report | ||||||
| 15 | violations of the provisions of this Act. With respect
to the | ||||||
| 16 | enforcement of the provisions of this Act, such investigators | ||||||
| 17 | shall have
the authority to serve subpoenas, summonses and | ||||||
| 18 | administrative inspection
warrants. They shall be conservators | ||||||
| 19 | of the peace and, as such, they shall have
and may exercise | ||||||
| 20 | during the course of an inspection or investigation all the
| ||||||
| 21 | powers possessed by policemen in the cities and sheriffs in the | ||||||
| 22 | counties of
this State, except that they may exercise such | ||||||
| 23 | powers anywhere in the State.
| ||||||
| 24 | (b) The Department or its designated agents, either before | ||||||
| 25 | or after the
issuance of a license, may request and shall | ||||||
| 26 | receive the cooperation of the
Illinois Department of State | ||||||
| |||||||
| |||||||
| 1 | Police, county and multiple county health
departments, or | ||||||
| 2 | municipal boards of health to make investigations to determine
| ||||||
| 3 | if the applicant or licensee is complying with minimum | ||||||
| 4 | standards prescribed by
the Department.
| ||||||
| 5 | (Source: P.A. 88-80; 89-507, eff. 7-1-97.)
| ||||||
| 6 | Section 115. The Department of Central Management Services | ||||||
| 7 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
| 8 | changing Section 405-320 as follows:
| ||||||
| 9 | (20 ILCS 405/405-320) (was 20 ILCS 405/67.25)
| ||||||
| 10 | Sec. 405-320.
Multi-use State facility at Collinsville; | ||||||
| 11 | State Police
district
headquarters at Sterling.
| ||||||
| 12 | (a) To enter into an agreement with a private individual,
| ||||||
| 13 | trust, partnership, or corporation or a municipality or other | ||||||
| 14 | unit of
local
government whereby that individual, trust, | ||||||
| 15 | partnership, or
corporation or
municipality or other unit of | ||||||
| 16 | local government will construct a structure
in the vicinity of | ||||||
| 17 | Collinsville, Illinois for the purposes of its serving
as a | ||||||
| 18 | multi-use State facility and then lease that structure to the
| ||||||
| 19 | Department for the use of the Department of Transportation and | ||||||
| 20 | other State
agencies.
| ||||||
| 21 | (b) To enter into an agreement with a municipality or other | ||||||
| 22 | unit of
local government whereby the municipality or other unit | ||||||
| 23 | of local government
will construct a structure in the vicinity | ||||||
| 24 | of Sterling, Illinois for the
purposes of its serving as an | ||||||
| |||||||
| |||||||
| 1 | Illinois a Department of State Police district
headquarters and | ||||||
| 2 | then lease the structure to the Department for the use of
the | ||||||
| 3 | Illinois State Police. The Director is further authorized to | ||||||
| 4 | convey the existing Illinois
State Police headquarters at | ||||||
| 5 | Sterling to the City of Sterling, Illinois, a
municipal | ||||||
| 6 | corporation, at a value established by the average of 3
| ||||||
| 7 | appraisals in exchange for a deduction of equal value against | ||||||
| 8 | any amounts
due the municipality under the State's contract to | ||||||
| 9 | acquire an Illinois a State Police
district headquarters at | ||||||
| 10 | Sterling.
| ||||||
| 11 | (c) A lease entered into pursuant to the authority granted | ||||||
| 12 | in this
Section shall
be for a term not to exceed 30 years but | ||||||
| 13 | may grant to the State the option
to purchase the structure | ||||||
| 14 | outright.
| ||||||
| 15 | (d) The lease shall be approved by the heads of the | ||||||
| 16 | agencies occupying
the
facility and shall be and shall recite | ||||||
| 17 | that it is subject to termination
and cancellation in any year | ||||||
| 18 | for which the General Assembly fails to make
an appropriation | ||||||
| 19 | to pay the rent payable under the terms of the lease.
| ||||||
| 20 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 21 | Section 120. The Personnel Code is amended by changing | ||||||
| 22 | Sections 4c, 8c, and 10 as follows:
| ||||||
| 23 | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||||||
| 24 | Sec. 4c. General exemptions. The following positions in | ||||||
| |||||||
| |||||||
| 1 | State
service shall be exempt from jurisdictions A, B, and C, | ||||||
| 2 | unless the
jurisdictions shall be extended as provided in this | ||||||
| 3 | Act:
| ||||||
| 4 | (1) All officers elected by the people.
| ||||||
| 5 | (2) All positions under the Lieutenant Governor, | ||||||
| 6 | Secretary of State,
State Treasurer, State Comptroller, | ||||||
| 7 | State Board of Education, Clerk of
the Supreme Court,
| ||||||
| 8 | Attorney General, and State Board of Elections.
| ||||||
| 9 | (3) Judges, and officers and employees of the courts, | ||||||
| 10 | and notaries
public.
| ||||||
| 11 | (4) All officers and employees of the Illinois General | ||||||
| 12 | Assembly, all
employees of legislative commissions, all | ||||||
| 13 | officers and employees of the
Illinois Legislative | ||||||
| 14 | Reference Bureau and the Legislative Printing Unit.
| ||||||
| 15 | (5) All positions in the Illinois National Guard and | ||||||
| 16 | Illinois State
Guard, paid from federal funds or positions
| ||||||
| 17 | in the State Military Service filled by enlistment and paid | ||||||
| 18 | from State
funds.
| ||||||
| 19 | (6) All employees of the Governor at the executive | ||||||
| 20 | mansion and on
his immediate personal staff.
| ||||||
| 21 | (7) Directors of Departments, the Adjutant General, | ||||||
| 22 | the Assistant
Adjutant General, the Director of the | ||||||
| 23 | Illinois Emergency
Management Agency, members of boards | ||||||
| 24 | and commissions, and all other
positions appointed by the | ||||||
| 25 | Governor by and with the consent of the
Senate.
| ||||||
| 26 | (8) The presidents, other principal administrative | ||||||
| |||||||
| |||||||
| 1 | officers, and
teaching, research and extension faculties | ||||||
| 2 | of
Chicago State University, Eastern Illinois University, | ||||||
| 3 | Governors State
University, Illinois State University, | ||||||
| 4 | Northeastern Illinois University,
Northern Illinois | ||||||
| 5 | University, Western Illinois University, the Illinois
| ||||||
| 6 | Community College Board, Southern Illinois
University, | ||||||
| 7 | Illinois Board of Higher Education, University of
| ||||||
| 8 | Illinois, State Universities Civil Service System, | ||||||
| 9 | University Retirement
System of Illinois, and the | ||||||
| 10 | administrative officers and scientific and
technical staff | ||||||
| 11 | of the Illinois State Museum.
| ||||||
| 12 | (9) All other employees except the presidents, other | ||||||
| 13 | principal
administrative officers, and teaching, research | ||||||
| 14 | and extension faculties
of the universities under the | ||||||
| 15 | jurisdiction of the Board of Regents and
the colleges and | ||||||
| 16 | universities under the jurisdiction of the Board of
| ||||||
| 17 | Governors of State Colleges and Universities, Illinois | ||||||
| 18 | Community College
Board, Southern Illinois University, | ||||||
| 19 | Illinois Board of Higher Education,
Board of Governors of | ||||||
| 20 | State Colleges and Universities, the Board of
Regents, | ||||||
| 21 | University of Illinois, State Universities Civil Service
| ||||||
| 22 | System, University Retirement System of Illinois, so long | ||||||
| 23 | as these are
subject to the provisions of the State | ||||||
| 24 | Universities Civil Service Act.
| ||||||
| 25 | (10) The Illinois State Police so long as they are | ||||||
| 26 | subject to the merit
provisions of the Illinois State | ||||||
| |||||||
| |||||||
| 1 | Police Act.
| ||||||
| 2 | (11) (Blank).
| ||||||
| 3 | (12) The technical and engineering staffs of the | ||||||
| 4 | Department of
Transportation, the Department of Nuclear | ||||||
| 5 | Safety, the Pollution Control
Board, and the Illinois | ||||||
| 6 | Commerce Commission, and the technical and engineering
| ||||||
| 7 | staff providing architectural and engineering services in | ||||||
| 8 | the Department of
Central Management Services.
| ||||||
| 9 | (13) All employees of the Illinois State Toll Highway | ||||||
| 10 | Authority.
| ||||||
| 11 | (14) The Secretary of the Illinois Workers' | ||||||
| 12 | Compensation Commission.
| ||||||
| 13 | (15) All persons who are appointed or employed by the | ||||||
| 14 | Director of
Insurance under authority of Section 202 of the | ||||||
| 15 | Illinois Insurance Code
to assist the Director of Insurance | ||||||
| 16 | in discharging his responsibilities
relating to the | ||||||
| 17 | rehabilitation, liquidation, conservation, and
dissolution | ||||||
| 18 | of companies that are subject to the jurisdiction of the
| ||||||
| 19 | Illinois Insurance Code.
| ||||||
| 20 | (16) All employees of the St. Louis Metropolitan Area | ||||||
| 21 | Airport
Authority.
| ||||||
| 22 | (17) All investment officers employed by the Illinois | ||||||
| 23 | State Board of
Investment.
| ||||||
| 24 | (18) Employees of the Illinois Young Adult | ||||||
| 25 | Conservation Corps program,
administered by the Illinois | ||||||
| 26 | Department of Natural Resources, authorized
grantee under | ||||||
| |||||||
| |||||||
| 1 | Title VIII of the Comprehensive
Employment and Training Act | ||||||
| 2 | of 1973, 29 USC 993.
| ||||||
| 3 | (19) Seasonal employees of the Department of | ||||||
| 4 | Agriculture for the
operation of the Illinois State Fair | ||||||
| 5 | and the DuQuoin State Fair, no one
person receiving more | ||||||
| 6 | than 29 days of such employment in any calendar year.
| ||||||
| 7 | (20) All "temporary" employees hired under the | ||||||
| 8 | Department of Natural
Resources' Illinois Conservation | ||||||
| 9 | Service, a youth
employment program that hires young people | ||||||
| 10 | to work in State parks for a period
of one year or less.
| ||||||
| 11 | (21) All hearing officers of the Human Rights | ||||||
| 12 | Commission.
| ||||||
| 13 | (22) All employees of the Illinois Mathematics and | ||||||
| 14 | Science Academy.
| ||||||
| 15 | (23) All employees of the Kankakee River Valley Area
| ||||||
| 16 | Airport Authority.
| ||||||
| 17 | (24) The commissioners and employees of the Executive | ||||||
| 18 | Ethics
Commission.
| ||||||
| 19 | (25) The Executive Inspectors General, including | ||||||
| 20 | special Executive
Inspectors General, and employees of | ||||||
| 21 | each Office of an
Executive Inspector General.
| ||||||
| 22 | (26) The commissioners and employees of the | ||||||
| 23 | Legislative Ethics
Commission.
| ||||||
| 24 | (27) The Legislative Inspector General, including | ||||||
| 25 | special Legislative
Inspectors General, and employees of | ||||||
| 26 | the Office of
the Legislative Inspector General.
| ||||||
| |||||||
| |||||||
| 1 | (28) The Auditor General's Inspector General and | ||||||
| 2 | employees of the Office
of the Auditor General's Inspector | ||||||
| 3 | General.
| ||||||
| 4 | (29) All employees of the Illinois Power Agency. | ||||||
| 5 | (30) Employees having demonstrable, defined advanced | ||||||
| 6 | skills in accounting, financial reporting, or technical | ||||||
| 7 | expertise who are employed within executive branch | ||||||
| 8 | agencies and whose duties are directly related to the | ||||||
| 9 | submission to the Office of the Comptroller of financial | ||||||
| 10 | information for the publication of the Comprehensive | ||||||
| 11 | Annual Financial Report (CAFR). | ||||||
| 12 | (31) All employees of the Illinois Sentencing Policy | ||||||
| 13 | Advisory Council. | ||||||
| 14 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
| 15 | (20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
| ||||||
| 16 | Sec. 8c. Jurisdiction C; conditions of employment. For | ||||||
| 17 | positions in the
State service subject to the jurisdiction of | ||||||
| 18 | the Department of Central
Management Services with respect to | ||||||
| 19 | conditions of employment:
| ||||||
| 20 | (1) For establishment of a plan for resolving employee | ||||||
| 21 | grievances
and complaints, excluding compulsory | ||||||
| 22 | arbitration.
| ||||||
| 23 | (2) For hours of work, holidays, and attendance | ||||||
| 24 | regulation in the
various classes of positions in the State | ||||||
| 25 | service; for annual, sick and
special leaves of absence, | ||||||
| |||||||
| |||||||
| 1 | with or without pay or with reduced pay; for
compensatory | ||||||
| 2 | time off for overtime or for pay for overtime, and for the
| ||||||
| 3 | rate at which compensatory time off is to be allowed or for | ||||||
| 4 | the rate
which is to be paid for overtime. If the services | ||||||
| 5 | of an employee in the
State service are terminated by | ||||||
| 6 | reason of his retirement, disability or
death, he, or his | ||||||
| 7 | estate, as the case may be, shall be paid a lump sum,
for | ||||||
| 8 | the number of days for leave for personal business which | ||||||
| 9 | the
employee had accumulated but not used as of the date | ||||||
| 10 | his services were
terminated, in an amount equal to 1/2 of | ||||||
| 11 | his pay per working day times
the number of such leave days | ||||||
| 12 | so accumulated and not used.
| ||||||
| 13 | (3) For the development and operation of programs to | ||||||
| 14 | improve the
work effectiveness and morale of employees in | ||||||
| 15 | the State service,
including training, safety, health, | ||||||
| 16 | welfare, counseling, recreation,
employee relations, a | ||||||
| 17 | suggestion system, and others.
| ||||||
| 18 | Employees whose tuition and fees are paid by the State, | ||||||
| 19 | either directly
or by reimbursement, shall incur a work | ||||||
| 20 | commitment to the State.
Employees whose State paid | ||||||
| 21 | training has not led to a postsecondary degree
shall be | ||||||
| 22 | obligated to continue in the employ of the State, but not
| ||||||
| 23 | necessarily in the same agency, for a period of at least 18 | ||||||
| 24 | months
following completion of the most recent course. | ||||||
| 25 | Employees whose State paid
training has led to a | ||||||
| 26 | postsecondary degree and whose State payments have
paid for | ||||||
| |||||||
| |||||||
| 1 | 50% or more of the required credit hours shall be obligated | ||||||
| 2 | to
continue in the employ of the State, but not necessarily | ||||||
| 3 | in the same
agency, for a minimum of 4 years after | ||||||
| 4 | receiving the degree.
| ||||||
| 5 | If the employee does not fulfill this work commitment | ||||||
| 6 | by voluntarily
leaving State employment, the State may | ||||||
| 7 | recover payments in a civil action
and may also recover | ||||||
| 8 | interest at the rate of 1% per month from the time the
| ||||||
| 9 | State makes payment until the time the State recovers the | ||||||
| 10 | payment. The
amount the State may recover under this | ||||||
| 11 | subsection (3) shall be reduced by
25% of the gross amount | ||||||
| 12 | paid by the State for each year the employee is
employed by | ||||||
| 13 | the State after the employee receives a postsecondary | ||||||
| 14 | degree,
and 1/18th of the gross amount paid by the State | ||||||
| 15 | for each month the
employee is employed by the State after | ||||||
| 16 | the employee completes the most
recent course which has not | ||||||
| 17 | led to a postsecondary degree.
| ||||||
| 18 | The State shall not recover payments for course work or | ||||||
| 19 | a training
program that was (a) started before the | ||||||
| 20 | effective date of this Act; (b)
completed as a requirement | ||||||
| 21 | for a grammar school certificate or a high
school diploma, | ||||||
| 22 | to prepare for high school equivalency testing, or to | ||||||
| 23 | improve literacy or numeracy; (c) specialized
training in | ||||||
| 24 | the form of a conference, seminar, workshop, or similar
| ||||||
| 25 | arrangement offered by public or private organizations; | ||||||
| 26 | (d) provided as
part of the Upward Mobility Program | ||||||
| |||||||
| |||||||
| 1 | administered by the Department of
Central Management | ||||||
| 2 | Services; or (e) a condition of continued employment.
| ||||||
| 3 | Illinois Department of State Police employees who are | ||||||
| 4 | enrolled in an official
training program that lasts longer | ||||||
| 5 | than one year shall incur a work
commitment to the State. | ||||||
| 6 | The work commitment shall be 2 months for each
month of | ||||||
| 7 | completed training. If the employee fails to fulfill this | ||||||
| 8 | work
commitment by voluntarily leaving State employment, | ||||||
| 9 | the State may recover
wages in a civil action and may also | ||||||
| 10 | recover interest at the rate of 1% per
month from the time | ||||||
| 11 | the State makes payment until the time the State
recovers | ||||||
| 12 | the payment. The amount the State may recover under this
| ||||||
| 13 | subsection (3) shall be reduced by the number of months | ||||||
| 14 | served after the
training is completed times the monthly | ||||||
| 15 | salary at the time of separation.
| ||||||
| 16 | The Department of Central Management Services shall | ||||||
| 17 | promulgate rules
governing recovery activities to be used | ||||||
| 18 | by all State agencies paying,
whether directly or by | ||||||
| 19 | reimbursement, for employee tuition and fees. Each
such | ||||||
| 20 | agency shall make necessary efforts, including pursuing | ||||||
| 21 | appropriate
legal action, to recover the actual | ||||||
| 22 | reimbursements and applicable interest
due the State under | ||||||
| 23 | this subsection (3).
| ||||||
| 24 | (4) For the establishment of a sick pay plan in | ||||||
| 25 | accordance with Section 36
of the State Finance Act.
| ||||||
| 26 | (5) For the establishment of a family responsibility | ||||||
| |||||||
| |||||||
| 1 | leave plan under
which an employee in the State service may | ||||||
| 2 | request and receive a leave of
absence for up to one year | ||||||
| 3 | without penalty whenever such leave is requested
to enable | ||||||
| 4 | the employee to meet a bona fide family responsibility of | ||||||
| 5 | such
employee. The procedure for determining and | ||||||
| 6 | documenting the existence of
a bona fide family | ||||||
| 7 | responsibility shall be as provided by rule, but without
| ||||||
| 8 | limiting the circumstances which shall constitute a bona | ||||||
| 9 | fide family
responsibility under the rules, such | ||||||
| 10 | circumstances shall include leave
incident to the birth of | ||||||
| 11 | the employee's child and the responsibility
thereafter to | ||||||
| 12 | provide proper care to that child or to a newborn child
| ||||||
| 13 | adopted by the employee, the responsibility to provide | ||||||
| 14 | regular care to a
disabled, incapacitated or bedridden | ||||||
| 15 | resident of the employee's household
or member of the | ||||||
| 16 | employee's family, and the responsibility to furnish
| ||||||
| 17 | special guidance, care and supervision to a resident of the | ||||||
| 18 | employee's
household or member of the employee's family in | ||||||
| 19 | need thereof under
circumstances temporarily inconsistent | ||||||
| 20 | with uninterrupted employment in
State service. The family | ||||||
| 21 | responsibility leave plan so established shall
provide | ||||||
| 22 | that any such leave shall be without pay, that the | ||||||
| 23 | seniority of the
employee on such leave shall not be | ||||||
| 24 | reduced during the period of the leave,
that such leave | ||||||
| 25 | shall not under any circumstance or for any purpose be
| ||||||
| 26 | deemed to cause a break in such employee's State service, | ||||||
| |||||||
| |||||||
| 1 | that during the
period of such leave any coverage of the | ||||||
| 2 | employee or the employee's
dependents which existed at the | ||||||
| 3 | commencement of the leave under any group
health, hospital, | ||||||
| 4 | medical and life insurance plan provided through the
State | ||||||
| 5 | shall continue so long as the employee pays to the State | ||||||
| 6 | when due the
full premium incident to such coverage, and | ||||||
| 7 | that upon expiration of the
leave the employee shall be | ||||||
| 8 | returned to the same position and classification
which such | ||||||
| 9 | employee held at the commencement of the leave. The | ||||||
| 10 | Director
of Central Management Services shall prepare | ||||||
| 11 | proposed rules consistent with
this paragraph within 45 | ||||||
| 12 | days after the effective date of this amendatory
Act of | ||||||
| 13 | 1983, shall promptly thereafter cause a public hearing | ||||||
| 14 | thereon to
be held as provided in Section 8 and shall | ||||||
| 15 | within 120 days after the effective
date of this amendatory | ||||||
| 16 | Act of 1983 cause such proposed rules to be submitted
to | ||||||
| 17 | the Civil Service Commission as provided in Section 8.
| ||||||
| 18 | (6) For the development and operation of a plan for | ||||||
| 19 | alternative
employment for any employee who is able to | ||||||
| 20 | perform alternative employment
after a work related or | ||||||
| 21 | non-work related disability essentially precludes
that | ||||||
| 22 | employee from performing his or her currently assigned | ||||||
| 23 | duties.
Such a plan shall be voluntary for any employee and | ||||||
| 24 | nonparticipation
shall not be grounds for denial of any | ||||||
| 25 | benefit to which the employee would
otherwise be eligible. | ||||||
| 26 | Any plan seeking to cover positions for which there
is a | ||||||
| |||||||
| |||||||
| 1 | recognized bargaining agent shall be subject to collective | ||||||
| 2 | bargaining
between the parties.
| ||||||
| 3 | (7) For the development and operation of an Executive | ||||||
| 4 | Development
Program to provide scholarships for the | ||||||
| 5 | receipt of academic degrees or
senior executive training | ||||||
| 6 | beyond the Bachelor's degree level for as many as
25 | ||||||
| 7 | employees at any given time:
| ||||||
| 8 | (i) each of whom is nominated for such scholarship | ||||||
| 9 | by the head of the
employee's agency and approved by | ||||||
| 10 | the Director;
| ||||||
| 11 | (ii) who are subject to Term Appointment under | ||||||
| 12 | Section 8b.18
or who would
be subject to such Term | ||||||
| 13 | Appointment but for Federal funding or who are
exempt | ||||||
| 14 | from Jurisdiction B under subsections (2), (3) or (6) | ||||||
| 15 | of Section 4d
of this Act:
| ||||||
| 16 | (iii) who meet the admission standards established | ||||||
| 17 | by the institution
awarding the advanced degree or | ||||||
| 18 | conducting the training;
| ||||||
| 19 | (iv) each of whom agrees, as a condition of | ||||||
| 20 | accepting such scholarship,
that the State may recover | ||||||
| 21 | the scholarship by garnishment, lien or other
| ||||||
| 22 | appropriate legal action if the employee fails to | ||||||
| 23 | continue in the employ of
the State, but not | ||||||
| 24 | necessarily in the same agency, for a minimum of 4 | ||||||
| 25 | years
following receipt of an advanced degree or | ||||||
| 26 | training and that the State may
charge interest from | ||||||
| |||||||
| |||||||
| 1 | the time of payment until the time of recovery of such
| ||||||
| 2 | scholarship of no less than 1% per month or 12% per | ||||||
| 3 | annum on all funds
recovered by the State. The amount | ||||||
| 4 | the State may recover under this
Section will be | ||||||
| 5 | reduced by 25% of the gross amount paid by the State | ||||||
| 6 | for
each year of employment following receipt of the | ||||||
| 7 | advanced degree or training.
| ||||||
| 8 | The Director shall in approving eligible employees for | ||||||
| 9 | the Executive
Development Program make every attempt to | ||||||
| 10 | guarantee that at least 1/3 of
the employees appointed to | ||||||
| 11 | the program reflect the ratio of sex, race,
and ethnicity | ||||||
| 12 | of eligible employees.
| ||||||
| 13 | Such scholarships shall not exceed the amount | ||||||
| 14 | established for tuition
and fees for the applicable | ||||||
| 15 | advanced degree or training at State
universities in | ||||||
| 16 | Illinois whether the employee enrolls at any Illinois | ||||||
| 17 | public
or private institution, and shall not include any | ||||||
| 18 | textbooks or equipment
such as personal computers.
| ||||||
| 19 | The Department of Central Management Services shall | ||||||
| 20 | make necessary
efforts, including appropriate legal | ||||||
| 21 | action, to recover scholarships and
interest thereupon due | ||||||
| 22 | subject to recovery by the State under Subparagraph
(iv) of | ||||||
| 23 | this Subsection (7).
| ||||||
| 24 | (Source: P.A. 98-718, eff. 1-1-15.)
| ||||||
| 25 | (20 ILCS 415/10) (from Ch. 127, par. 63b110)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 10. Duties and powers of the Commission. The Civil | ||||||
| 2 | Service Commission shall have duties and powers as follows:
| ||||||
| 3 | (1) Upon written recommendations by the Director of the | ||||||
| 4 | Department
of Central Management Services to exempt from | ||||||
| 5 | jurisdiction B of this Act
positions which, in the judgment | ||||||
| 6 | of the Commission, involve either
principal administrative | ||||||
| 7 | responsibility for the determination of policy or
| ||||||
| 8 | principal administrative responsibility for the way in | ||||||
| 9 | which policies are
carried out. This authority may not be | ||||||
| 10 | exercised, however, with respect to
the position of | ||||||
| 11 | Assistant Director of Healthcare and Family Services in the | ||||||
| 12 | Department of Healthcare and Family Services.
| ||||||
| 13 | (2) To require such special reports from the Director | ||||||
| 14 | as it may
consider desirable.
| ||||||
| 15 | (3) To disapprove original rules or any part thereof | ||||||
| 16 | within 90 days
and any amendment thereof within 30 days | ||||||
| 17 | after the submission of such
rules to the Civil Service | ||||||
| 18 | Commission by the Director, and to disapprove
any | ||||||
| 19 | amendments thereto in the same manner.
| ||||||
| 20 | (4) To approve or disapprove within 60 days from date | ||||||
| 21 | of submission
the position classification plan submitted | ||||||
| 22 | by the Director as provided
in the rules, and any revisions | ||||||
| 23 | thereof within 30 days from the date of
submission.
| ||||||
| 24 | (5) To hear appeals of employees who do not accept the | ||||||
| 25 | allocation of
their positions under the position | ||||||
| 26 | classification plan.
| ||||||
| |||||||
| |||||||
| 1 | (6) To hear and determine written charges filed seeking | ||||||
| 2 | the
discharge, demotion of employees and suspension | ||||||
| 3 | totaling more than
thirty days in any 12-month period, as | ||||||
| 4 | provided in Section 11 hereof,
and appeals from transfers | ||||||
| 5 | from one geographical area in the State to
another, and in | ||||||
| 6 | connection therewith to administer oaths, subpoena
| ||||||
| 7 | witnesses, and compel the production of books and papers.
| ||||||
| 8 | (7) The fees of subpoenaed witnesses under this Act for | ||||||
| 9 | attendance and
travel shall be the same as fees of | ||||||
| 10 | witnesses before the circuit courts
of the State, such fees | ||||||
| 11 | to be paid when the witness is excused from further
| ||||||
| 12 | attendance. Whenever a subpoena is issued the Commission | ||||||
| 13 | may require that
the cost of service and the fee of the | ||||||
| 14 | witness shall be borne by the party
at whose insistence the | ||||||
| 15 | witness is summoned. The Commission has the power,
at its | ||||||
| 16 | discretion, to require a deposit from such party to cover | ||||||
| 17 | the cost
of service and witness fees and the payment of the | ||||||
| 18 | legal witness fee and
mileage to the witness served with | ||||||
| 19 | the subpoena. A subpoena issued under
this Act shall be | ||||||
| 20 | served in the same manner as a subpoena issued out of a | ||||||
| 21 | court.
| ||||||
| 22 | Upon the failure or refusal to obey a subpoena, a | ||||||
| 23 | petition shall be prepared
by the party serving the | ||||||
| 24 | subpoena for enforcement in the circuit court of
the county | ||||||
| 25 | in which the person to whom the subpoena was directed | ||||||
| 26 | either
resides or has his or her principal place of | ||||||
| |||||||
| |||||||
| 1 | business.
| ||||||
| 2 | Not less than five days before the petition is filed in | ||||||
| 3 | the appropriate
court, it shall be served on the person | ||||||
| 4 | along with a notice of the time and
place the petition is | ||||||
| 5 | to be presented.
| ||||||
| 6 | Following a hearing on the petition, the circuit court | ||||||
| 7 | shall have
jurisdiction to enforce subpoenas issued | ||||||
| 8 | pursuant to this Section.
| ||||||
| 9 | On motion and for good cause shown the Commission may | ||||||
| 10 | quash or modify
any subpoena.
| ||||||
| 11 | (8) To make an annual report regarding the work of the | ||||||
| 12 | Commission to
the Governor, such report to be a public | ||||||
| 13 | report.
| ||||||
| 14 | (9) If any violation of this Act is found, the | ||||||
| 15 | Commission shall
direct compliance in writing.
| ||||||
| 16 | (10) To appoint a full-time executive secretary and | ||||||
| 17 | such other
employees, experts, and special assistants as | ||||||
| 18 | may be necessary to carry
out the powers and duties of the | ||||||
| 19 | Commission under this Act and
employees, experts, and | ||||||
| 20 | special assistants so appointed by the
Commission shall be | ||||||
| 21 | subject to the provisions of jurisdictions A, B and
C of | ||||||
| 22 | this Act. These powers and duties supersede any contrary | ||||||
| 23 | provisions
herein contained.
| ||||||
| 24 | (11) To make rules to carry out and implement their | ||||||
| 25 | powers and
duties under this Act, with authority to amend | ||||||
| 26 | such rules from time to
time.
| ||||||
| |||||||
| |||||||
| 1 | (12) To hear or conduct investigations as it deems | ||||||
| 2 | necessary of appeals
of layoff filed by employees appointed | ||||||
| 3 | under Jurisdiction B after examination
provided that such | ||||||
| 4 | appeals are filed within 15 calendar days following the
| ||||||
| 5 | effective date of such layoff and are made on the basis | ||||||
| 6 | that the provisions
of the Personnel Code or of the Rules | ||||||
| 7 | of the Department of Central Management
Services relating | ||||||
| 8 | to layoff have been violated or have not
been complied | ||||||
| 9 | with.
| ||||||
| 10 | All hearings shall be public. A decision shall be | ||||||
| 11 | rendered within 60 days
after receipt of the transcript of | ||||||
| 12 | the proceedings. The Commission shall
order the | ||||||
| 13 | reinstatement of the employee if it is proven that the | ||||||
| 14 | provisions
of the Personnel Code or of the rules of the | ||||||
| 15 | Department of Central Management
Services relating to | ||||||
| 16 | layoff have been violated or have not been
complied with. | ||||||
| 17 | In connection therewith the Commission may administer | ||||||
| 18 | oaths,
subpoena witnesses, and compel the production of | ||||||
| 19 | books and papers.
| ||||||
| 20 | (13) Whenever the Civil Service Commission is
| ||||||
| 21 | authorized or required by law to consider some aspect of | ||||||
| 22 | criminal history
record information for the purpose of | ||||||
| 23 | carrying out its statutory powers and
responsibilities, | ||||||
| 24 | then, upon request and payment of fees in conformance
with | ||||||
| 25 | the requirements of Section 2605-400 of the Illinois | ||||||
| 26 | Department of State Police Law (20 ILCS 2605/2605-400), the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police is
authorized to | ||||||
| 2 | furnish, pursuant to positive identification, such
| ||||||
| 3 | information contained in State files as is necessary to | ||||||
| 4 | fulfill the request.
| ||||||
| 5 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
| 6 | Section 125. The Children and Family Services Act is | ||||||
| 7 | amended by changing Sections 5, 35.5, and 35.6 as follows:
| ||||||
| 8 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
| 9 | Sec. 5. Direct child welfare services; Department of | ||||||
| 10 | Children and Family
Services. To provide direct child welfare | ||||||
| 11 | services when not available
through other public or private | ||||||
| 12 | child care or program facilities.
| ||||||
| 13 | (a) For purposes of this Section:
| ||||||
| 14 | (1) "Children" means persons found within the State who | ||||||
| 15 | are under the
age of 18 years. The term also includes | ||||||
| 16 | persons under age 21 who:
| ||||||
| 17 | (A) were committed to the Department pursuant to | ||||||
| 18 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
| 19 | 1987, as amended, and who continue under the | ||||||
| 20 | jurisdiction of the court; or
| ||||||
| 21 | (B) were accepted for care, service and training by
| ||||||
| 22 | the Department prior to the age of 18 and whose best | ||||||
| 23 | interest in the
discretion of the Department would be | ||||||
| 24 | served by continuing that care,
service and training | ||||||
| |||||||
| |||||||
| 1 | because of severe emotional disturbances, physical
| ||||||
| 2 | disability, social adjustment or any combination | ||||||
| 3 | thereof, or because of the
need to complete an | ||||||
| 4 | educational or vocational training program.
| ||||||
| 5 | (2) "Homeless youth" means persons found within the
| ||||||
| 6 | State who are under the age of 19, are not in a safe and | ||||||
| 7 | stable living
situation and cannot be reunited with their | ||||||
| 8 | families.
| ||||||
| 9 | (3) "Child welfare services" means public social | ||||||
| 10 | services which are
directed toward the accomplishment of | ||||||
| 11 | the following purposes:
| ||||||
| 12 | (A) protecting and promoting the health, safety | ||||||
| 13 | and welfare of
children,
including homeless, | ||||||
| 14 | dependent, or neglected children;
| ||||||
| 15 | (B) remedying, or assisting in the solution
of | ||||||
| 16 | problems which may result in, the neglect, abuse, | ||||||
| 17 | exploitation, or
delinquency of children;
| ||||||
| 18 | (C) preventing the unnecessary separation of | ||||||
| 19 | children
from their families by identifying family | ||||||
| 20 | problems, assisting families in
resolving their | ||||||
| 21 | problems, and preventing the breakup of the family
| ||||||
| 22 | where the prevention of child removal is desirable and | ||||||
| 23 | possible when the
child can be cared for at home | ||||||
| 24 | without endangering the child's health and
safety;
| ||||||
| 25 | (D) restoring to their families children who have | ||||||
| 26 | been
removed, by the provision of services to the child | ||||||
| |||||||
| |||||||
| 1 | and the families when the
child can be cared for at | ||||||
| 2 | home without endangering the child's health and
| ||||||
| 3 | safety;
| ||||||
| 4 | (E) placing children in suitable adoptive homes, | ||||||
| 5 | in
cases where restoration to the biological family is | ||||||
| 6 | not safe, possible, or
appropriate;
| ||||||
| 7 | (F) assuring safe and adequate care of children | ||||||
| 8 | away from their
homes, in cases where the child cannot | ||||||
| 9 | be returned home or cannot be placed
for adoption. At | ||||||
| 10 | the time of placement, the Department shall consider
| ||||||
| 11 | concurrent planning,
as described in subsection (l-1) | ||||||
| 12 | of this Section so that permanency may
occur at the | ||||||
| 13 | earliest opportunity. Consideration should be given so | ||||||
| 14 | that if
reunification fails or is delayed, the | ||||||
| 15 | placement made is the best available
placement to | ||||||
| 16 | provide permanency for the child;
| ||||||
| 17 | (G) (blank);
| ||||||
| 18 | (H) (blank); and
| ||||||
| 19 | (I) placing and maintaining children in facilities | ||||||
| 20 | that provide
separate living quarters for children | ||||||
| 21 | under the age of 18 and for children
18 years of age | ||||||
| 22 | and older, unless a child 18 years of age is in the | ||||||
| 23 | last
year of high school education or vocational | ||||||
| 24 | training, in an approved
individual or group treatment | ||||||
| 25 | program, in a licensed shelter facility,
or secure | ||||||
| 26 | child care facility.
The Department is not required to | ||||||
| |||||||
| |||||||
| 1 | place or maintain children:
| ||||||
| 2 | (i) who are in a foster home, or
| ||||||
| 3 | (ii) who are persons with a developmental | ||||||
| 4 | disability, as defined in
the Mental
Health and | ||||||
| 5 | Developmental Disabilities Code, or
| ||||||
| 6 | (iii) who are female children who are | ||||||
| 7 | pregnant, pregnant and
parenting, or parenting, or
| ||||||
| 8 | (iv) who are siblings, in facilities that | ||||||
| 9 | provide separate living quarters for children 18
| ||||||
| 10 | years of age and older and for children under 18 | ||||||
| 11 | years of age.
| ||||||
| 12 | (b) (Blank).
| ||||||
| 13 | (c) The Department shall establish and maintain | ||||||
| 14 | tax-supported child
welfare services and extend and seek to | ||||||
| 15 | improve voluntary services
throughout the State, to the end | ||||||
| 16 | that services and care shall be available
on an equal basis | ||||||
| 17 | throughout the State to children requiring such services.
| ||||||
| 18 | (d) The Director may authorize advance disbursements for | ||||||
| 19 | any new program
initiative to any agency contracting with the | ||||||
| 20 | Department. As a
prerequisite for an advance disbursement, the | ||||||
| 21 | contractor must post a
surety bond in the amount of the advance | ||||||
| 22 | disbursement and have a
purchase of service contract approved | ||||||
| 23 | by the Department. The Department
may pay up to 2 months | ||||||
| 24 | operational expenses in advance. The amount of the
advance | ||||||
| 25 | disbursement shall be prorated over the life of the contract
or | ||||||
| 26 | the remaining months of the fiscal year, whichever is less, and | ||||||
| |||||||
| |||||||
| 1 | the
installment amount shall then be deducted from future | ||||||
| 2 | bills. Advance
disbursement authorizations for new initiatives | ||||||
| 3 | shall not be made to any
agency after that agency has operated | ||||||
| 4 | during 2 consecutive fiscal years.
The requirements of this | ||||||
| 5 | Section concerning advance disbursements shall
not apply with | ||||||
| 6 | respect to the following: payments to local public agencies
for | ||||||
| 7 | child day care services as authorized by Section 5a of this | ||||||
| 8 | Act; and
youth service programs receiving grant funds under | ||||||
| 9 | Section 17a-4.
| ||||||
| 10 | (e) (Blank).
| ||||||
| 11 | (f) (Blank).
| ||||||
| 12 | (g) The Department shall establish rules and regulations | ||||||
| 13 | concerning
its operation of programs designed to meet the goals | ||||||
| 14 | of child safety and
protection,
family preservation, family | ||||||
| 15 | reunification, and adoption, including, but not
limited to:
| ||||||
| 16 | (1) adoption;
| ||||||
| 17 | (2) foster care;
| ||||||
| 18 | (3) family counseling;
| ||||||
| 19 | (4) protective services;
| ||||||
| 20 | (5) (blank);
| ||||||
| 21 | (6) homemaker service;
| ||||||
| 22 | (7) return of runaway children;
| ||||||
| 23 | (8) (blank);
| ||||||
| 24 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
| 25 | Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | ||||||
| 26 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
| |||||||
| |||||||
| 1 | Assistance and Child Welfare Act of
1980; and
| ||||||
| 2 | (10) interstate services.
| ||||||
| 3 | Rules and regulations established by the Department shall | ||||||
| 4 | include
provisions for training Department staff and the staff | ||||||
| 5 | of Department
grantees, through contracts with other agencies | ||||||
| 6 | or resources, in screening techniques to identify substance use | ||||||
| 7 | disorders, as defined in the Substance Use Disorder Act, | ||||||
| 8 | approved by the Department of Human
Services, as a successor to | ||||||
| 9 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
| 10 | purpose of identifying children and adults who
should be | ||||||
| 11 | referred for an assessment at an organization appropriately | ||||||
| 12 | licensed by the Department of Human Services for substance use | ||||||
| 13 | disorder treatment.
| ||||||
| 14 | (h) If the Department finds that there is no appropriate | ||||||
| 15 | program or
facility within or available to the Department for a | ||||||
| 16 | youth in care and that no
licensed private facility has an | ||||||
| 17 | adequate and appropriate program or none
agrees to accept the | ||||||
| 18 | youth in care, the Department shall create an appropriate
| ||||||
| 19 | individualized, program-oriented plan for such youth in care. | ||||||
| 20 | The
plan may be developed within the Department or through | ||||||
| 21 | purchase of services
by the Department to the extent that it is | ||||||
| 22 | within its statutory authority
to do.
| ||||||
| 23 | (i) Service programs shall be available throughout the | ||||||
| 24 | State and shall
include but not be limited to the following | ||||||
| 25 | services:
| ||||||
| 26 | (1) case management;
| ||||||
| |||||||
| |||||||
| 1 | (2) homemakers;
| ||||||
| 2 | (3) counseling;
| ||||||
| 3 | (4) parent education;
| ||||||
| 4 | (5) day care; and
| ||||||
| 5 | (6) emergency assistance and advocacy.
| ||||||
| 6 | In addition, the following services may be made available | ||||||
| 7 | to assess and
meet the needs of children and families:
| ||||||
| 8 | (1) comprehensive family-based services;
| ||||||
| 9 | (2) assessments;
| ||||||
| 10 | (3) respite care; and
| ||||||
| 11 | (4) in-home health services.
| ||||||
| 12 | The Department shall provide transportation for any of the | ||||||
| 13 | services it
makes available to children or families or for | ||||||
| 14 | which it refers children
or families.
| ||||||
| 15 | (j) The Department may provide categories of financial | ||||||
| 16 | assistance and
education assistance grants, and shall
| ||||||
| 17 | establish rules and regulations concerning the assistance and | ||||||
| 18 | grants, to
persons who
adopt children with physical or mental | ||||||
| 19 | disabilities, children who are older, or other hard-to-place
| ||||||
| 20 | children who (i) immediately prior to their adoption were youth | ||||||
| 21 | in care or (ii) were determined eligible for financial | ||||||
| 22 | assistance with respect to a
prior adoption and who become | ||||||
| 23 | available for adoption because the
prior adoption has been | ||||||
| 24 | dissolved and the parental rights of the adoptive
parents have | ||||||
| 25 | been
terminated or because the child's adoptive parents have | ||||||
| 26 | died.
The Department may continue to provide financial | ||||||
| |||||||
| |||||||
| 1 | assistance and education assistance grants for a child who was | ||||||
| 2 | determined eligible for financial assistance under this | ||||||
| 3 | subsection (j) in the interim period beginning when the child's | ||||||
| 4 | adoptive parents died and ending with the finalization of the | ||||||
| 5 | new adoption of the child by another adoptive parent or | ||||||
| 6 | parents. The Department may also provide categories of | ||||||
| 7 | financial
assistance and education assistance grants, and
| ||||||
| 8 | shall establish rules and regulations for the assistance and | ||||||
| 9 | grants, to persons
appointed guardian of the person under | ||||||
| 10 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
| 11 | 4-25, or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
| 12 | who were youth in care for 12 months immediately
prior to the | ||||||
| 13 | appointment of the guardian.
| ||||||
| 14 | The amount of assistance may vary, depending upon the needs | ||||||
| 15 | of the child
and the adoptive parents,
as set forth in the | ||||||
| 16 | annual
assistance agreement. Special purpose grants are | ||||||
| 17 | allowed where the child
requires special service but such costs | ||||||
| 18 | may not exceed the amounts
which similar services would cost | ||||||
| 19 | the Department if it were to provide or
secure them as guardian | ||||||
| 20 | of the child.
| ||||||
| 21 | Any financial assistance provided under this subsection is
| ||||||
| 22 | inalienable by assignment, sale, execution, attachment, | ||||||
| 23 | garnishment, or any
other remedy for recovery or collection of | ||||||
| 24 | a judgment or debt.
| ||||||
| 25 | (j-5) The Department shall not deny or delay the placement | ||||||
| 26 | of a child for
adoption
if an approved family is available | ||||||
| |||||||
| |||||||
| 1 | either outside of the Department region
handling the case,
or | ||||||
| 2 | outside of the State of Illinois.
| ||||||
| 3 | (k) The Department shall accept for care and training any | ||||||
| 4 | child who has
been adjudicated neglected or abused, or | ||||||
| 5 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
| 6 | the Juvenile Court Act of 1987.
| ||||||
| 7 | (l) The Department shall
offer family preservation | ||||||
| 8 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
| 9 | Child
Reporting Act, to help families, including adoptive and | ||||||
| 10 | extended families.
Family preservation
services shall be | ||||||
| 11 | offered (i) to prevent the
placement
of children in
substitute | ||||||
| 12 | care when the children can be cared for at home or in the | ||||||
| 13 | custody of
the person
responsible for the children's welfare,
| ||||||
| 14 | (ii) to
reunite children with their families, or (iii) to
| ||||||
| 15 | maintain an adoptive placement. Family preservation services | ||||||
| 16 | shall only be
offered when doing so will not endanger the | ||||||
| 17 | children's health or safety. With
respect to children who are | ||||||
| 18 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
| 19 | family preservation services shall not be offered if a goal | ||||||
| 20 | other
than those of subdivisions (A), (B), or (B-1) of | ||||||
| 21 | subsection (2) of Section 2-28
of
that Act has been set, except | ||||||
| 22 | that reunification services may be offered as provided in | ||||||
| 23 | paragraph (F) of subsection (2) of Section 2-28 of that Act.
| ||||||
| 24 | Nothing in this paragraph shall be construed to create a | ||||||
| 25 | private right of
action or claim on the part of any individual | ||||||
| 26 | or child welfare agency, except that when a child is the | ||||||
| |||||||
| |||||||
| 1 | subject of an action under Article II of the Juvenile Court Act | ||||||
| 2 | of 1987 and the child's service plan calls for services to | ||||||
| 3 | facilitate achievement of the permanency goal, the court | ||||||
| 4 | hearing the action under Article II of the Juvenile Court Act | ||||||
| 5 | of 1987 may order the Department to provide the services set | ||||||
| 6 | out in the plan, if those services are not provided with | ||||||
| 7 | reasonable promptness and if those services are available.
| ||||||
| 8 | The Department shall notify the child and his family of the
| ||||||
| 9 | Department's
responsibility to offer and provide family | ||||||
| 10 | preservation services as
identified in the service plan. The | ||||||
| 11 | child and his family shall be eligible
for services as soon as | ||||||
| 12 | the report is determined to be "indicated". The
Department may | ||||||
| 13 | offer services to any child or family with respect to whom a
| ||||||
| 14 | report of suspected child abuse or neglect has been filed, | ||||||
| 15 | prior to
concluding its investigation under Section 7.12 of the | ||||||
| 16 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
| 17 | or family's willingness to
accept services shall not be | ||||||
| 18 | considered in the investigation. The
Department may also | ||||||
| 19 | provide services to any child or family who is the
subject of | ||||||
| 20 | any report of suspected child abuse or neglect or may refer | ||||||
| 21 | such
child or family to services available from other agencies | ||||||
| 22 | in the community,
even if the report is determined to be | ||||||
| 23 | unfounded, if the conditions in the
child's or family's home | ||||||
| 24 | are reasonably likely to subject the child or
family to future | ||||||
| 25 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
| 26 | services shall be voluntary. The Department may also provide | ||||||
| |||||||
| |||||||
| 1 | services to any child or family after completion of a family | ||||||
| 2 | assessment, as an alternative to an investigation, as provided | ||||||
| 3 | under the "differential response program" provided for in | ||||||
| 4 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
| 5 | Child Reporting Act.
| ||||||
| 6 | The Department may, at its discretion except for those | ||||||
| 7 | children also
adjudicated neglected or dependent, accept for | ||||||
| 8 | care and training any child
who has been adjudicated addicted, | ||||||
| 9 | as a truant minor in need of
supervision or as a minor | ||||||
| 10 | requiring authoritative intervention, under the
Juvenile Court | ||||||
| 11 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
| 12 | be committed to the Department by any court without the | ||||||
| 13 | approval of
the Department. On and after January 1, 2015 (the | ||||||
| 14 | effective date of Public Act 98-803) and before January 1, | ||||||
| 15 | 2017, a minor charged with a criminal offense under the | ||||||
| 16 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
| 17 | adjudicated delinquent shall not be placed in the custody of or
| ||||||
| 18 | committed to the Department by any court, except (i) a minor | ||||||
| 19 | less than 16 years
of age committed to the Department under | ||||||
| 20 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
| 21 | for whom an independent basis of abuse, neglect, or dependency | ||||||
| 22 | exists, which must be defined by departmental rule, or (iii) a | ||||||
| 23 | minor for whom the court has granted a supplemental petition to | ||||||
| 24 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
| 25 | of the Juvenile Court Act of 1987. On and after January 1, | ||||||
| 26 | 2017, a minor charged with a criminal offense under the | ||||||
| |||||||
| |||||||
| 1 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
| 2 | adjudicated delinquent shall not be placed in the custody of or
| ||||||
| 3 | committed to the Department by any court, except (i) a minor | ||||||
| 4 | less than 15 years
of age committed to the Department under | ||||||
| 5 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
| 6 | for whom an independent basis of abuse, neglect, or dependency | ||||||
| 7 | exists, which must be defined by departmental rule, or (iii) a | ||||||
| 8 | minor for whom the court has granted a supplemental petition to | ||||||
| 9 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
| 10 | of the Juvenile Court Act of 1987. An independent basis exists | ||||||
| 11 | when the allegations or adjudication of abuse, neglect, or | ||||||
| 12 | dependency do not arise from the same facts, incident, or | ||||||
| 13 | circumstances which give rise to a charge or adjudication of | ||||||
| 14 | delinquency. The Department shall
assign a caseworker to attend | ||||||
| 15 | any hearing involving a youth in
the care and custody of the | ||||||
| 16 | Department who is placed on aftercare release, including | ||||||
| 17 | hearings
involving sanctions for violation of aftercare | ||||||
| 18 | release
conditions and aftercare release revocation hearings.
| ||||||
| 19 | As soon as is possible after August 7, 2009 (the effective | ||||||
| 20 | date of Public Act 96-134), the Department shall develop and | ||||||
| 21 | implement a special program of family preservation services to | ||||||
| 22 | support intact, foster, and adoptive families who are | ||||||
| 23 | experiencing extreme hardships due to the difficulty and stress | ||||||
| 24 | of caring for a child who has been diagnosed with a pervasive | ||||||
| 25 | developmental disorder if the Department determines that those | ||||||
| 26 | services are necessary to ensure the health and safety of the | ||||||
| |||||||
| |||||||
| 1 | child. The Department may offer services to any family whether | ||||||
| 2 | or not a report has been filed under the Abused and Neglected | ||||||
| 3 | Child Reporting Act. The Department may refer the child or | ||||||
| 4 | family to services available from other agencies in the | ||||||
| 5 | community if the conditions in the child's or family's home are | ||||||
| 6 | reasonably likely to subject the child or family to future | ||||||
| 7 | reports of suspected child abuse or neglect. Acceptance of | ||||||
| 8 | these services shall be voluntary. The Department shall develop | ||||||
| 9 | and implement a public information campaign to alert health and | ||||||
| 10 | social service providers and the general public about these | ||||||
| 11 | special family preservation services. The nature and scope of | ||||||
| 12 | the services offered and the number of families served under | ||||||
| 13 | the special program implemented under this paragraph shall be | ||||||
| 14 | determined by the level of funding that the Department annually | ||||||
| 15 | allocates for this purpose. The term "pervasive developmental | ||||||
| 16 | disorder" under this paragraph means a neurological condition, | ||||||
| 17 | including, but not limited to, Asperger's Syndrome and autism, | ||||||
| 18 | as defined in the most recent edition of the Diagnostic and | ||||||
| 19 | Statistical Manual of Mental Disorders of the American | ||||||
| 20 | Psychiatric Association. | ||||||
| 21 | (l-1) The legislature recognizes that the best interests of | ||||||
| 22 | the child
require that
the child be placed in the most | ||||||
| 23 | permanent living arrangement as soon as is
practically
| ||||||
| 24 | possible. To achieve this goal, the legislature directs the | ||||||
| 25 | Department of
Children and
Family Services to conduct | ||||||
| 26 | concurrent planning so that permanency may occur at
the
| ||||||
| |||||||
| |||||||
| 1 | earliest opportunity. Permanent living arrangements may | ||||||
| 2 | include prevention of
placement of a child outside the home of | ||||||
| 3 | the family when the child can be cared
for at
home without | ||||||
| 4 | endangering the child's health or safety; reunification with | ||||||
| 5 | the
family,
when safe and appropriate, if temporary placement | ||||||
| 6 | is necessary; or movement of
the child
toward the most | ||||||
| 7 | permanent living arrangement and permanent legal status.
| ||||||
| 8 | When determining reasonable efforts to be made with respect | ||||||
| 9 | to a child, as
described in this
subsection, and in making such | ||||||
| 10 | reasonable efforts, the child's health and
safety shall be the
| ||||||
| 11 | paramount concern.
| ||||||
| 12 | When a child is placed in foster care, the Department shall | ||||||
| 13 | ensure and
document that reasonable efforts were made to | ||||||
| 14 | prevent or eliminate the need to
remove the child from the | ||||||
| 15 | child's home. The Department must make
reasonable efforts to | ||||||
| 16 | reunify the family when temporary placement of the child
occurs
| ||||||
| 17 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
| 18 | of 1987.
At any time after the dispositional hearing where the | ||||||
| 19 | Department believes
that further reunification services would | ||||||
| 20 | be ineffective, it may request a
finding from the court that | ||||||
| 21 | reasonable efforts are no longer appropriate. The
Department is | ||||||
| 22 | not required to provide further reunification services after | ||||||
| 23 | such
a
finding.
| ||||||
| 24 | A decision to place a child in substitute care shall be | ||||||
| 25 | made with
considerations of the child's health, safety, and | ||||||
| 26 | best interests. At the
time of placement, consideration should | ||||||
| |||||||
| |||||||
| 1 | also be given so that if reunification
fails or is delayed, the | ||||||
| 2 | placement made is the best available placement to
provide | ||||||
| 3 | permanency for the child.
| ||||||
| 4 | The Department shall adopt rules addressing concurrent | ||||||
| 5 | planning for
reunification and permanency. The Department | ||||||
| 6 | shall consider the following
factors when determining | ||||||
| 7 | appropriateness of concurrent planning:
| ||||||
| 8 | (1) the likelihood of prompt reunification;
| ||||||
| 9 | (2) the past history of the family;
| ||||||
| 10 | (3) the barriers to reunification being addressed by | ||||||
| 11 | the family;
| ||||||
| 12 | (4) the level of cooperation of the family;
| ||||||
| 13 | (5) the foster parents' willingness to work with the | ||||||
| 14 | family to reunite;
| ||||||
| 15 | (6) the willingness and ability of the foster family to | ||||||
| 16 | provide an
adoptive
home or long-term placement;
| ||||||
| 17 | (7) the age of the child;
| ||||||
| 18 | (8) placement of siblings.
| ||||||
| 19 | (m) The Department may assume temporary custody of any | ||||||
| 20 | child if:
| ||||||
| 21 | (1) it has received a written consent to such temporary | ||||||
| 22 | custody
signed by the parents of the child or by the parent | ||||||
| 23 | having custody of the
child if the parents are not living | ||||||
| 24 | together or by the guardian or
custodian of the child if | ||||||
| 25 | the child is not in the custody of either
parent, or
| ||||||
| 26 | (2) the child is found in the State and neither a | ||||||
| |||||||
| |||||||
| 1 | parent,
guardian nor custodian of the child can be located.
| ||||||
| 2 | If the child is found in his or her residence without a parent, | ||||||
| 3 | guardian,
custodian, or responsible caretaker, the Department | ||||||
| 4 | may, instead of removing
the child and assuming temporary | ||||||
| 5 | custody, place an authorized
representative of the Department | ||||||
| 6 | in that residence until such time as a
parent, guardian, or | ||||||
| 7 | custodian enters the home and expresses a willingness
and | ||||||
| 8 | apparent ability to ensure the child's health and safety and | ||||||
| 9 | resume
permanent
charge of the child, or until a
relative | ||||||
| 10 | enters the home and is willing and able to ensure the child's | ||||||
| 11 | health
and
safety and assume charge of the
child until a | ||||||
| 12 | parent, guardian, or custodian enters the home and expresses
| ||||||
| 13 | such willingness and ability to ensure the child's safety and | ||||||
| 14 | resume
permanent charge. After a caretaker has remained in the | ||||||
| 15 | home for a period not
to exceed 12 hours, the Department must | ||||||
| 16 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
| 17 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
| 18 | The Department shall have the authority, responsibilities | ||||||
| 19 | and duties that
a legal custodian of the child would have | ||||||
| 20 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
| 21 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
| 22 | pursuant to an investigation under the Abused and
Neglected | ||||||
| 23 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
| 24 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
| 25 | custody, the
Department, during the period of temporary custody | ||||||
| 26 | and before the child
is brought before a judicial officer as | ||||||
| |||||||
| |||||||
| 1 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
| 2 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
| 3 | and duties that a legal custodian of the child
would have under | ||||||
| 4 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
| 5 | 1987.
| ||||||
| 6 | The Department shall ensure that any child taken into | ||||||
| 7 | custody
is scheduled for an appointment for a medical | ||||||
| 8 | examination.
| ||||||
| 9 | A parent, guardian, or custodian of a child in the | ||||||
| 10 | temporary custody of the
Department who would have custody of | ||||||
| 11 | the child if he were not in the
temporary custody of the | ||||||
| 12 | Department may deliver to the Department a signed
request that | ||||||
| 13 | the Department surrender the temporary custody of the child.
| ||||||
| 14 | The Department may retain temporary custody of the child for 10 | ||||||
| 15 | days after
the receipt of the request, during which period the | ||||||
| 16 | Department may cause to
be filed a petition pursuant to the | ||||||
| 17 | Juvenile Court Act of 1987. If a
petition is so filed, the | ||||||
| 18 | Department shall retain temporary custody of the
child until | ||||||
| 19 | the court orders otherwise. If a petition is not filed within
| ||||||
| 20 | the 10-day period, the child shall be surrendered to the | ||||||
| 21 | custody of the
requesting parent, guardian, or custodian not | ||||||
| 22 | later than the expiration of
the 10-day period, at which time | ||||||
| 23 | the authority and duties of the Department
with respect to the | ||||||
| 24 | temporary custody of the child shall terminate.
| ||||||
| 25 | (m-1) The Department may place children under 18 years of | ||||||
| 26 | age in a secure
child care facility licensed by the Department | ||||||
| |||||||
| |||||||
| 1 | that cares for children who are
in need of secure living | ||||||
| 2 | arrangements for their health, safety, and well-being
after a | ||||||
| 3 | determination is made by the facility director and the Director | ||||||
| 4 | or the
Director's designate prior to admission to the facility | ||||||
| 5 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
| 6 | This subsection (m-1) does not apply
to a child who is subject | ||||||
| 7 | to placement in a correctional facility operated
pursuant to | ||||||
| 8 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
| 9 | child is a youth in care who was placed in the care of the | ||||||
| 10 | Department before being
subject to placement in a correctional | ||||||
| 11 | facility and a court of competent
jurisdiction has ordered | ||||||
| 12 | placement of the child in a secure care facility.
| ||||||
| 13 | (n) The Department may place children under 18 years of age | ||||||
| 14 | in
licensed child care facilities when in the opinion of the | ||||||
| 15 | Department,
appropriate services aimed at family preservation | ||||||
| 16 | have been unsuccessful and
cannot ensure the child's health and | ||||||
| 17 | safety or are unavailable and such
placement would be for their | ||||||
| 18 | best interest. Payment
for board, clothing, care, training and | ||||||
| 19 | supervision of any child placed in
a licensed child care | ||||||
| 20 | facility may be made by the Department, by the
parents or | ||||||
| 21 | guardians of the estates of those children, or by both the
| ||||||
| 22 | Department and the parents or guardians, except that no | ||||||
| 23 | payments shall be
made by the Department for any child placed | ||||||
| 24 | in a licensed child care
facility for board, clothing, care, | ||||||
| 25 | training and supervision of such a
child that exceed the | ||||||
| 26 | average per capita cost of maintaining and of caring
for a | ||||||
| |||||||
| |||||||
| 1 | child in institutions for dependent or neglected children | ||||||
| 2 | operated by
the Department. However, such restriction on | ||||||
| 3 | payments does not apply in
cases where children require | ||||||
| 4 | specialized care and treatment for problems of
severe emotional | ||||||
| 5 | disturbance, physical disability, social adjustment, or
any | ||||||
| 6 | combination thereof and suitable facilities for the placement | ||||||
| 7 | of such
children are not available at payment rates within the | ||||||
| 8 | limitations set
forth in this Section. All reimbursements for | ||||||
| 9 | services delivered shall be
absolutely inalienable by | ||||||
| 10 | assignment, sale, attachment, or garnishment or
otherwise.
| ||||||
| 11 | (n-1) The Department shall provide or authorize child | ||||||
| 12 | welfare services, aimed at assisting minors to achieve | ||||||
| 13 | sustainable self-sufficiency as independent adults, for any | ||||||
| 14 | minor eligible for the reinstatement of wardship pursuant to | ||||||
| 15 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
| 16 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
| 17 | provided that the minor consents to such services and has not | ||||||
| 18 | yet attained the age of 21. The Department shall have | ||||||
| 19 | responsibility for the development and delivery of services | ||||||
| 20 | under this Section. An eligible youth may access services under | ||||||
| 21 | this Section through the Department of Children and Family | ||||||
| 22 | Services or by referral from the Department of Human Services. | ||||||
| 23 | Youth participating in services under this Section shall | ||||||
| 24 | cooperate with the assigned case manager in developing an | ||||||
| 25 | agreement identifying the services to be provided and how the | ||||||
| 26 | youth will increase skills to achieve self-sufficiency. A | ||||||
| |||||||
| |||||||
| 1 | homeless shelter is not considered appropriate housing for any | ||||||
| 2 | youth receiving child welfare services under this Section. The | ||||||
| 3 | Department shall continue child welfare services under this | ||||||
| 4 | Section to any eligible minor until the minor becomes 21 years | ||||||
| 5 | of age, no longer consents to participate, or achieves | ||||||
| 6 | self-sufficiency as identified in the minor's service plan. The | ||||||
| 7 | Department of Children and Family Services shall create clear, | ||||||
| 8 | readable notice of the rights of former foster youth to child | ||||||
| 9 | welfare services under this Section and how such services may | ||||||
| 10 | be obtained. The Department of Children and Family Services and | ||||||
| 11 | the Department of Human Services shall disseminate this | ||||||
| 12 | information statewide. The Department shall adopt regulations | ||||||
| 13 | describing services intended to assist minors in achieving | ||||||
| 14 | sustainable self-sufficiency as independent adults. | ||||||
| 15 | (o) The Department shall establish an administrative | ||||||
| 16 | review and appeal
process for children and families who request | ||||||
| 17 | or receive child welfare
services from the Department. Youth in | ||||||
| 18 | care who are placed by private child welfare agencies, and | ||||||
| 19 | foster families with whom
those youth are placed, shall be | ||||||
| 20 | afforded the same procedural and appeal
rights as children and | ||||||
| 21 | families in the case of placement by the Department,
including | ||||||
| 22 | the right to an initial review of a private agency decision by
| ||||||
| 23 | that agency. The Department shall ensure that any private child | ||||||
| 24 | welfare
agency, which accepts youth in care for placement, | ||||||
| 25 | affords those
rights to children and foster families. The | ||||||
| 26 | Department shall accept for
administrative review and an appeal | ||||||
| |||||||
| |||||||
| 1 | hearing a complaint made by (i) a child
or foster family | ||||||
| 2 | concerning a decision following an initial review by a
private | ||||||
| 3 | child welfare agency or (ii) a prospective adoptive parent who | ||||||
| 4 | alleges
a violation of subsection (j-5) of this Section. An | ||||||
| 5 | appeal of a decision
concerning a change in the placement of a | ||||||
| 6 | child shall be conducted in an
expedited manner. A court | ||||||
| 7 | determination that a current foster home placement is necessary | ||||||
| 8 | and appropriate under Section 2-28 of the Juvenile Court Act of | ||||||
| 9 | 1987 does not constitute a judicial determination on the merits | ||||||
| 10 | of an administrative appeal, filed by a former foster parent, | ||||||
| 11 | involving a change of placement decision.
| ||||||
| 12 | (p) (Blank).
| ||||||
| 13 | (q) The Department may receive and use, in their entirety, | ||||||
| 14 | for the
benefit of children any gift, donation, or bequest of | ||||||
| 15 | money or other
property which is received on behalf of such | ||||||
| 16 | children, or any financial
benefits to which such children are | ||||||
| 17 | or may become entitled while under
the jurisdiction or care of | ||||||
| 18 | the Department.
| ||||||
| 19 | The Department shall set up and administer no-cost, | ||||||
| 20 | interest-bearing accounts in appropriate financial | ||||||
| 21 | institutions
for children for whom the Department is legally | ||||||
| 22 | responsible and who have been
determined eligible for Veterans' | ||||||
| 23 | Benefits, Social Security benefits,
assistance allotments from | ||||||
| 24 | the armed forces, court ordered payments, parental
voluntary | ||||||
| 25 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
| 26 | payments, Black Lung benefits, or other miscellaneous | ||||||
| |||||||
| |||||||
| 1 | payments. Interest
earned by each account shall be credited to | ||||||
| 2 | the account, unless
disbursed in accordance with this | ||||||
| 3 | subsection.
| ||||||
| 4 | In disbursing funds from children's accounts, the | ||||||
| 5 | Department
shall:
| ||||||
| 6 | (1) Establish standards in accordance with State and | ||||||
| 7 | federal laws for
disbursing money from children's | ||||||
| 8 | accounts. In all
circumstances,
the Department's | ||||||
| 9 | "Guardianship Administrator" or his or her designee must
| ||||||
| 10 | approve disbursements from children's accounts. The | ||||||
| 11 | Department
shall be responsible for keeping complete | ||||||
| 12 | records of all disbursements for each account for any | ||||||
| 13 | purpose.
| ||||||
| 14 | (2) Calculate on a monthly basis the amounts paid from | ||||||
| 15 | State funds for the
child's board and care, medical care | ||||||
| 16 | not covered under Medicaid, and social
services; and | ||||||
| 17 | utilize funds from the child's account, as
covered by | ||||||
| 18 | regulation, to reimburse those costs. Monthly, | ||||||
| 19 | disbursements from
all children's accounts, up to 1/12 of | ||||||
| 20 | $13,000,000, shall be
deposited by the Department into the | ||||||
| 21 | General Revenue Fund and the balance over
1/12 of | ||||||
| 22 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
| 23 | (3) Maintain any balance remaining after reimbursing | ||||||
| 24 | for the child's costs
of care, as specified in item (2). | ||||||
| 25 | The balance shall accumulate in accordance
with relevant | ||||||
| 26 | State and federal laws and shall be disbursed to the child | ||||||
| |||||||
| |||||||
| 1 | or his
or her guardian, or to the issuing agency.
| ||||||
| 2 | (r) The Department shall promulgate regulations | ||||||
| 3 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
| 4 | Department or its agent names and
addresses of all persons who | ||||||
| 5 | have applied for and have been approved for
adoption of a | ||||||
| 6 | hard-to-place child or child with a disability and the names of | ||||||
| 7 | such
children who have not been placed for adoption. A list of | ||||||
| 8 | such names and
addresses shall be maintained by the Department | ||||||
| 9 | or its agent, and coded
lists which maintain the | ||||||
| 10 | confidentiality of the person seeking to adopt the
child and of | ||||||
| 11 | the child shall be made available, without charge, to every
| ||||||
| 12 | adoption agency in the State to assist the agencies in placing | ||||||
| 13 | such
children for adoption. The Department may delegate to an | ||||||
| 14 | agent its duty to
maintain and make available such lists. The | ||||||
| 15 | Department shall ensure that
such agent maintains the | ||||||
| 16 | confidentiality of the person seeking to adopt the
child and of | ||||||
| 17 | the child.
| ||||||
| 18 | (s) The Department of Children and Family Services may | ||||||
| 19 | establish and
implement a program to reimburse Department and | ||||||
| 20 | private child welfare
agency foster parents licensed by the | ||||||
| 21 | Department of Children and Family
Services for damages | ||||||
| 22 | sustained by the foster parents as a result of the
malicious or | ||||||
| 23 | negligent acts of foster children, as well as providing third
| ||||||
| 24 | party coverage for such foster parents with regard to actions | ||||||
| 25 | of foster
children to other individuals. Such coverage will be | ||||||
| 26 | secondary to the
foster parent liability insurance policy, if | ||||||
| |||||||
| |||||||
| 1 | applicable. The program shall
be funded through appropriations | ||||||
| 2 | from the General Revenue Fund,
specifically designated for such | ||||||
| 3 | purposes.
| ||||||
| 4 | (t) The Department shall perform home studies and | ||||||
| 5 | investigations and
shall exercise supervision over visitation | ||||||
| 6 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
| 7 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
| 8 | (1) an order entered by an Illinois court specifically
| ||||||
| 9 | directs the Department to perform such services; and
| ||||||
| 10 | (2) the court has ordered one or both of the parties to
| ||||||
| 11 | the proceeding to reimburse the Department for its | ||||||
| 12 | reasonable costs for
providing such services in accordance | ||||||
| 13 | with Department rules, or has
determined that neither party | ||||||
| 14 | is financially able to pay.
| ||||||
| 15 | The Department shall provide written notification to the | ||||||
| 16 | court of the
specific arrangements for supervised visitation | ||||||
| 17 | and projected monthly costs
within 60 days of the court order. | ||||||
| 18 | The Department shall send to the court
information related to | ||||||
| 19 | the costs incurred except in cases where the court
has | ||||||
| 20 | determined the parties are financially unable to pay. The court | ||||||
| 21 | may
order additional periodic reports as appropriate.
| ||||||
| 22 | (u) In addition to other information that must be provided, | ||||||
| 23 | whenever the Department places a child with a prospective | ||||||
| 24 | adoptive parent or parents, or in a licensed foster home,
group | ||||||
| 25 | home, or child care institution, or in a relative home, the | ||||||
| 26 | Department
shall provide to the prospective adoptive parent or | ||||||
| |||||||
| |||||||
| 1 | parents or other caretaker:
| ||||||
| 2 | (1) available detailed information concerning the | ||||||
| 3 | child's educational
and health history, copies of | ||||||
| 4 | immunization records (including insurance
and medical card | ||||||
| 5 | information), a history of the child's previous | ||||||
| 6 | placements,
if any, and reasons for placement changes | ||||||
| 7 | excluding any information that
identifies or reveals the | ||||||
| 8 | location of any previous caretaker;
| ||||||
| 9 | (2) a copy of the child's portion of the client service | ||||||
| 10 | plan, including
any visitation arrangement, and all | ||||||
| 11 | amendments or revisions to it as
related to the child; and
| ||||||
| 12 | (3) information containing details of the child's | ||||||
| 13 | individualized
educational plan when the child is | ||||||
| 14 | receiving special education services.
| ||||||
| 15 | The caretaker shall be informed of any known social or | ||||||
| 16 | behavioral
information (including, but not limited to, | ||||||
| 17 | criminal background, fire
setting, perpetuation of
sexual | ||||||
| 18 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
| 19 | care
for and safeguard the children to be placed or currently | ||||||
| 20 | in the home. The Department may prepare a written summary of | ||||||
| 21 | the information required by this paragraph, which may be | ||||||
| 22 | provided to the foster or prospective adoptive parent in | ||||||
| 23 | advance of a placement. The foster or prospective adoptive | ||||||
| 24 | parent may review the supporting documents in the child's file | ||||||
| 25 | in the presence of casework staff. In the case of an emergency | ||||||
| 26 | placement, casework staff shall at least provide known | ||||||
| |||||||
| |||||||
| 1 | information verbally, if necessary, and must subsequently | ||||||
| 2 | provide the information in writing as required by this | ||||||
| 3 | subsection.
| ||||||
| 4 | The information described in this subsection shall be | ||||||
| 5 | provided in writing. In the case of emergency placements when | ||||||
| 6 | time does not allow prior review, preparation, and collection | ||||||
| 7 | of written information, the Department shall provide such | ||||||
| 8 | information as it becomes available. Within 10 business days | ||||||
| 9 | after placement, the Department shall obtain from the | ||||||
| 10 | prospective adoptive parent or parents or other caretaker a | ||||||
| 11 | signed verification of receipt of the information provided. | ||||||
| 12 | Within 10 business days after placement, the Department shall | ||||||
| 13 | provide to the child's guardian ad litem a copy of the | ||||||
| 14 | information provided to the prospective adoptive parent or | ||||||
| 15 | parents or other caretaker. The information provided to the | ||||||
| 16 | prospective adoptive parent or parents or other caretaker shall | ||||||
| 17 | be reviewed and approved regarding accuracy at the supervisory | ||||||
| 18 | level.
| ||||||
| 19 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
| 20 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
| 21 | of 1969 shall be eligible to
receive foster care payments from | ||||||
| 22 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
| 23 | were approved pursuant to approved
relative placement rules | ||||||
| 24 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
| 25 | 335 and had submitted an application for licensure as a foster | ||||||
| 26 | family
home may continue to receive foster care payments only | ||||||
| |||||||
| |||||||
| 1 | until the Department
determines that they may be licensed as a | ||||||
| 2 | foster family home or that their
application for licensure is | ||||||
| 3 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
| 4 | (v) The Department shall access criminal history record | ||||||
| 5 | information
as defined in the Illinois Uniform Conviction | ||||||
| 6 | Information Act and information
maintained in the adjudicatory | ||||||
| 7 | and dispositional record system as defined in
Section 2605-355 | ||||||
| 8 | of the
Illinois Department of State Police Law (20 ILCS | ||||||
| 9 | 2605/2605-355)
if the Department determines the information is | ||||||
| 10 | necessary to perform its duties
under the Abused and Neglected | ||||||
| 11 | Child Reporting Act, the Child Care Act of 1969,
and the | ||||||
| 12 | Children and Family Services Act. The Department shall provide | ||||||
| 13 | for
interactive computerized communication and processing | ||||||
| 14 | equipment that permits
direct on-line communication with the | ||||||
| 15 | Illinois Department of State Police's central
criminal history | ||||||
| 16 | data repository. The Department shall comply with all
| ||||||
| 17 | certification requirements and provide certified operators who | ||||||
| 18 | have been
trained by personnel from the Illinois Department of | ||||||
| 19 | State Police. In addition, one
Office of the Inspector General | ||||||
| 20 | investigator shall have training in the use of
the criminal | ||||||
| 21 | history information access system and have
access to the | ||||||
| 22 | terminal. The Department of Children and Family Services and | ||||||
| 23 | its
employees shall abide by rules and regulations established | ||||||
| 24 | by the Illinois Department of State Police relating to the | ||||||
| 25 | access and dissemination of
this information.
| ||||||
| 26 | (v-1) Prior to final approval for placement of a child, the | ||||||
| |||||||
| |||||||
| 1 | Department shall conduct a criminal records background check of | ||||||
| 2 | the prospective foster or adoptive parent, including | ||||||
| 3 | fingerprint-based checks of national crime information | ||||||
| 4 | databases. Final approval for placement shall not be granted if | ||||||
| 5 | the record check reveals a felony conviction for child abuse or | ||||||
| 6 | neglect, for spousal abuse, for a crime against children, or | ||||||
| 7 | for a crime involving violence, including rape, sexual assault, | ||||||
| 8 | or homicide, but not including other physical assault or | ||||||
| 9 | battery, or if there is a felony conviction for physical | ||||||
| 10 | assault, battery, or a drug-related offense committed within | ||||||
| 11 | the past 5 years. | ||||||
| 12 | (v-2) Prior to final approval for placement of a child, the | ||||||
| 13 | Department shall check its child abuse and neglect registry for | ||||||
| 14 | information concerning prospective foster and adoptive | ||||||
| 15 | parents, and any adult living in the home. If any prospective | ||||||
| 16 | foster or adoptive parent or other adult living in the home has | ||||||
| 17 | resided in another state in the preceding 5 years, the | ||||||
| 18 | Department shall request a check of that other state's child | ||||||
| 19 | abuse and neglect registry.
| ||||||
| 20 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
| 21 | of Public Act
89-392), the Department shall prepare and submit | ||||||
| 22 | to the Governor and the
General Assembly, a written plan for | ||||||
| 23 | the development of in-state licensed
secure child care | ||||||
| 24 | facilities that care for children who are in need of secure
| ||||||
| 25 | living
arrangements for their health, safety, and well-being. | ||||||
| 26 | For purposes of this
subsection, secure care facility shall | ||||||
| |||||||
| |||||||
| 1 | mean a facility that is designed and
operated to ensure that | ||||||
| 2 | all entrances and exits from the facility, a building
or a | ||||||
| 3 | distinct part of the building, are under the exclusive control | ||||||
| 4 | of the
staff of the facility, whether or not the child has the | ||||||
| 5 | freedom of movement
within the perimeter of the facility, | ||||||
| 6 | building, or distinct part of the
building. The plan shall | ||||||
| 7 | include descriptions of the types of facilities that
are needed | ||||||
| 8 | in Illinois; the cost of developing these secure care | ||||||
| 9 | facilities;
the estimated number of placements; the potential | ||||||
| 10 | cost savings resulting from
the movement of children currently | ||||||
| 11 | out-of-state who are projected to be
returned to Illinois; the | ||||||
| 12 | necessary geographic distribution of these
facilities in | ||||||
| 13 | Illinois; and a proposed timetable for development of such
| ||||||
| 14 | facilities. | ||||||
| 15 | (x) The Department shall conduct annual credit history | ||||||
| 16 | checks to determine the financial history of children placed | ||||||
| 17 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
| 18 | 1987. The Department shall conduct such credit checks starting | ||||||
| 19 | when a youth in care turns 12 years old and each year | ||||||
| 20 | thereafter for the duration of the guardianship as terminated | ||||||
| 21 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
| 22 | shall determine if financial exploitation of the child's | ||||||
| 23 | personal information has occurred. If financial exploitation | ||||||
| 24 | appears to have taken place or is presently ongoing, the | ||||||
| 25 | Department shall notify the proper law enforcement agency, the | ||||||
| 26 | proper State's Attorney, or the Attorney General. | ||||||
| |||||||
| |||||||
| 1 | (y) Beginning on July 22, 2010 (the effective date of | ||||||
| 2 | Public Act 96-1189), a child with a disability who receives | ||||||
| 3 | residential and educational services from the Department shall | ||||||
| 4 | be eligible to receive transition services in accordance with | ||||||
| 5 | Article 14 of the School Code from the age of 14.5 through age | ||||||
| 6 | 21, inclusive, notwithstanding the child's residential | ||||||
| 7 | services arrangement. For purposes of this subsection, "child | ||||||
| 8 | with a disability" means a child with a disability as defined | ||||||
| 9 | by the federal Individuals with Disabilities Education | ||||||
| 10 | Improvement Act of 2004. | ||||||
| 11 | (z) The Department shall access criminal history record | ||||||
| 12 | information as defined as "background information" in this | ||||||
| 13 | subsection and criminal history record information as defined | ||||||
| 14 | in the Illinois Uniform Conviction Information Act for each | ||||||
| 15 | Department employee or Department applicant. Each Department | ||||||
| 16 | employee or Department applicant shall submit his or her | ||||||
| 17 | fingerprints to the Illinois Department of State Police in the | ||||||
| 18 | form and manner prescribed by the Illinois Department of State | ||||||
| 19 | Police. These fingerprints shall be checked against the | ||||||
| 20 | fingerprint records now and hereafter filed in the Illinois | ||||||
| 21 | Department of State Police and the Federal Bureau of | ||||||
| 22 | Investigation criminal history records databases. The Illinois | ||||||
| 23 | Department of State Police shall charge a fee for conducting | ||||||
| 24 | the criminal history record check, which shall be deposited | ||||||
| 25 | into the State Police Services Fund and shall not exceed the | ||||||
| 26 | actual cost of the record check. The Illinois Department of | ||||||
| |||||||
| |||||||
| 1 | State Police shall furnish, pursuant to positive | ||||||
| 2 | identification, all Illinois conviction information to the | ||||||
| 3 | Department of Children and Family Services. | ||||||
| 4 | For purposes of this subsection: | ||||||
| 5 | "Background information" means all of the following: | ||||||
| 6 | (i) Upon the request of the Department of Children and | ||||||
| 7 | Family Services, conviction information obtained from the | ||||||
| 8 | Illinois Department of State Police as a result of a | ||||||
| 9 | fingerprint-based criminal history records check of the | ||||||
| 10 | Illinois criminal history records database and the Federal | ||||||
| 11 | Bureau of Investigation criminal history records database | ||||||
| 12 | concerning a Department employee or Department applicant. | ||||||
| 13 | (ii) Information obtained by the Department of | ||||||
| 14 | Children and Family Services after performing a check of | ||||||
| 15 | the Illinois Department of State Police's Sex Offender | ||||||
| 16 | Database, as authorized by Section 120 of the Sex Offender | ||||||
| 17 | Community Notification Law, concerning a Department | ||||||
| 18 | employee or Department applicant. | ||||||
| 19 | (iii) Information obtained by the Department of | ||||||
| 20 | Children and Family Services after performing a check of | ||||||
| 21 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
| 22 | operated and maintained by the Department. | ||||||
| 23 | "Department employee" means a full-time or temporary | ||||||
| 24 | employee coded or certified within the State of Illinois | ||||||
| 25 | Personnel System. | ||||||
| 26 | "Department applicant" means an individual who has | ||||||
| |||||||
| |||||||
| 1 | conditional Department full-time or part-time work, a | ||||||
| 2 | contractor, an individual used to replace or supplement staff, | ||||||
| 3 | an academic intern, a volunteer in Department offices or on | ||||||
| 4 | Department contracts, a work-study student, an individual or | ||||||
| 5 | entity licensed by the Department, or an unlicensed service | ||||||
| 6 | provider who works as a condition of a contract or an agreement | ||||||
| 7 | and whose work may bring the unlicensed service provider into | ||||||
| 8 | contact with Department clients or client records. | ||||||
| 9 | (Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; | ||||||
| 10 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff. | ||||||
| 11 | 8-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81, | ||||||
| 12 | eff. 7-12-19; revised 8-1-19.)
| ||||||
| 13 | (20 ILCS 505/35.5)
| ||||||
| 14 | Sec. 35.5. Inspector General.
| ||||||
| 15 | (a) The Governor shall appoint, and the Senate shall | ||||||
| 16 | confirm, an Inspector
General who shall
have the authority to | ||||||
| 17 | conduct investigations into allegations of or incidents
of | ||||||
| 18 | possible misconduct, misfeasance, malfeasance, or violations | ||||||
| 19 | of rules,
procedures, or laws by any employee, foster parent, | ||||||
| 20 | service provider, or
contractor of the Department of Children | ||||||
| 21 | and Family Services, except for allegations of violations of | ||||||
| 22 | the State Officials and Employees Ethics Act which shall be | ||||||
| 23 | referred to the Office of the Governor's Executive Inspector | ||||||
| 24 | General for investigation. The Inspector
General shall make | ||||||
| 25 | recommendations
to the Director of Children and Family Services | ||||||
| |||||||
| |||||||
| 1 | concerning sanctions or
disciplinary actions against | ||||||
| 2 | Department
employees or providers of service under contract to | ||||||
| 3 | the Department. The Director of Children and Family Services | ||||||
| 4 | shall provide the Inspector General with an implementation | ||||||
| 5 | report on the status of any corrective actions taken on | ||||||
| 6 | recommendations under review and shall continue sending | ||||||
| 7 | updated reports until the corrective action is completed. The | ||||||
| 8 | Director shall provide a written response to the Inspector | ||||||
| 9 | General indicating the status of any sanctions or disciplinary | ||||||
| 10 | actions against employees or providers of service involving any | ||||||
| 11 | investigation subject to review. In any case, information | ||||||
| 12 | included in the reports to the Inspector General and Department | ||||||
| 13 | responses shall be subject to the public disclosure | ||||||
| 14 | requirements of the Abused and Neglected Child Reporting Act.
| ||||||
| 15 | Any
investigation
conducted by the Inspector General shall be | ||||||
| 16 | independent and separate from the
investigation mandated by the | ||||||
| 17 | Abused and Neglected Child Reporting Act. The
Inspector General | ||||||
| 18 | shall be appointed for a term of 4 years. The Inspector
General | ||||||
| 19 | shall function independently within the Department of Children | ||||||
| 20 | and Family Services with respect to the operations of the | ||||||
| 21 | Office of Inspector General, including the performance of | ||||||
| 22 | investigations and issuance of findings and recommendations, | ||||||
| 23 | and shall
report to the Director of Children and Family | ||||||
| 24 | Services and the Governor and
perform other
duties the Director | ||||||
| 25 | may designate. The Inspector General shall adopt rules
as | ||||||
| 26 | necessary to carry out the
functions, purposes, and duties of | ||||||
| |||||||
| |||||||
| 1 | the office of Inspector General in the
Department of Children | ||||||
| 2 | and Family Services, in accordance with the Illinois
| ||||||
| 3 | Administrative Procedure Act and any other applicable law.
| ||||||
| 4 | (b) The Inspector
General shall have access to all | ||||||
| 5 | information and personnel necessary to perform
the duties of | ||||||
| 6 | the office. To minimize duplication of efforts, and to assure
| ||||||
| 7 | consistency and conformance with the requirements and | ||||||
| 8 | procedures established in
the B.H. v. Suter consent decree and | ||||||
| 9 | to share resources
when appropriate, the Inspector General | ||||||
| 10 | shall coordinate his or her
activities with the Bureau of | ||||||
| 11 | Quality Assurance within the Department.
| ||||||
| 12 | (c) The Inspector General shall be the primary liaison | ||||||
| 13 | between the
Department and the Illinois Department of State | ||||||
| 14 | Police with regard to investigations
conducted under the | ||||||
| 15 | Inspector General's auspices.
If the Inspector General | ||||||
| 16 | determines that a possible criminal act
has been committed,
or | ||||||
| 17 | that special expertise is required in the investigation, he or | ||||||
| 18 | she shall
immediately notify the Illinois Department of State | ||||||
| 19 | Police.
All investigations conducted by the Inspector General | ||||||
| 20 | shall be
conducted in a manner designed to ensure the | ||||||
| 21 | preservation of evidence for
possible use in a criminal | ||||||
| 22 | prosecution.
| ||||||
| 23 | (d) The Inspector General may recommend to the Department | ||||||
| 24 | of Children and
Family Services, the Department of Public | ||||||
| 25 | Health, or any other appropriate
agency, sanctions to be | ||||||
| 26 | imposed against service providers under the
jurisdiction of or | ||||||
| |||||||
| |||||||
| 1 | under contract with the Department for the protection of
| ||||||
| 2 | children in the custody or under the guardianship of the | ||||||
| 3 | Department who
received services from those providers. The | ||||||
| 4 | Inspector General may seek the
assistance of the Attorney | ||||||
| 5 | General or any of the several State's Attorneys in
imposing | ||||||
| 6 | sanctions.
| ||||||
| 7 | (e) The Inspector General shall at all times be granted | ||||||
| 8 | access to any foster
home, facility, or program operated for or | ||||||
| 9 | licensed or funded by the
Department.
| ||||||
| 10 | (f) Nothing in this Section shall limit investigations by | ||||||
| 11 | the Department of
Children and Family Services that may | ||||||
| 12 | otherwise be required by law or that may
be necessary in that | ||||||
| 13 | Department's capacity as the central administrative
authority | ||||||
| 14 | for child welfare.
| ||||||
| 15 | (g) The Inspector General shall have the power to subpoena | ||||||
| 16 | witnesses and
compel the production of books and papers | ||||||
| 17 | pertinent to an investigation
authorized by this Act. The power | ||||||
| 18 | to subpoena or to compel the
production of books and papers, | ||||||
| 19 | however, shall not extend to the person or
documents of a
labor | ||||||
| 20 | organization or its representatives insofar as the person or | ||||||
| 21 | documents of
a labor organization relate to the function of | ||||||
| 22 | representing an employee subject
to investigation under this | ||||||
| 23 | Act. Any person who fails to appear in response to
a subpoena | ||||||
| 24 | or to answer any question or produce any books or papers | ||||||
| 25 | pertinent
to an investigation under this Act, except as | ||||||
| 26 | otherwise provided in this
Section, or who knowingly gives | ||||||
| |||||||
| |||||||
| 1 | false testimony in relation to an investigation
under this Act | ||||||
| 2 | is guilty of a Class A misdemeanor.
| ||||||
| 3 | (h) The Inspector General shall provide to the General | ||||||
| 4 | Assembly and the
Governor, no later than January 1 of each | ||||||
| 5 | year, a summary of reports and
investigations made under this | ||||||
| 6 | Section for the prior fiscal year. The
summaries shall detail | ||||||
| 7 | the imposition of sanctions and the final disposition
of those | ||||||
| 8 | recommendations. The summaries shall not contain any | ||||||
| 9 | confidential or
identifying information concerning the | ||||||
| 10 | subjects of the reports and
investigations. The summaries also | ||||||
| 11 | shall include detailed recommended
administrative actions and | ||||||
| 12 | matters for consideration by the General Assembly.
| ||||||
| 13 | (Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)
| ||||||
| 14 | (20 ILCS 505/35.6)
| ||||||
| 15 | Sec. 35.6.
State-wide toll-free telephone
number.
| ||||||
| 16 | (a) There shall be a State-wide, toll-free telephone number | ||||||
| 17 | for any
person, whether or not mandated by law, to report to | ||||||
| 18 | the Inspector General
of
the Department, suspected misconduct, | ||||||
| 19 | malfeasance, misfeasance, or violations
of rules, procedures, | ||||||
| 20 | or laws by Department employees, service providers, or
| ||||||
| 21 | contractors that is detrimental to the best interest of | ||||||
| 22 | children receiving
care, services, or training from or who were | ||||||
| 23 | committed to the Department as
allowed under Section 5 of this | ||||||
| 24 | Act. Immediately upon receipt of a telephone
call regarding | ||||||
| 25 | suspected abuse or neglect of children, the Inspector General
| ||||||
| |||||||
| |||||||
| 1 | shall refer the call to the Child Abuse and Neglect Hotline or | ||||||
| 2 | to the Illinois State
Police as mandated by the Abused and | ||||||
| 3 | Neglected Child Reporting Act and Section
35.5 of this Act. A | ||||||
| 4 | mandated reporter shall not be relieved of his or her duty
to | ||||||
| 5 | report incidents to the Child Abuse and Neglect Hotline | ||||||
| 6 | referred to in this
subsection. The Inspector General shall | ||||||
| 7 | also establish rules and procedures
for evaluating reports of | ||||||
| 8 | suspected misconduct and violation of rules and for
conducting | ||||||
| 9 | an investigation of such reports.
| ||||||
| 10 | (b) The Inspector General shall prepare and maintain | ||||||
| 11 | written records from
the reporting source that shall contain | ||||||
| 12 | the following information to the extent
known at the time the | ||||||
| 13 | report is made: (1) the names and addresses of the child
and | ||||||
| 14 | the person responsible for the child's welfare; (2) the nature | ||||||
| 15 | of the
misconduct and the detriment cause to the child's best | ||||||
| 16 | interest; (3) the names
of the persons or agencies responsible | ||||||
| 17 | for the alleged misconduct. Any
investigation conducted by the | ||||||
| 18 | Inspector General pursuant to such information
shall not | ||||||
| 19 | duplicate and shall be separate from the investigation mandated | ||||||
| 20 | by
the Abused and Neglected Child Reporting Act. However, the | ||||||
| 21 | Inspector General
may include the results of such investigation | ||||||
| 22 | in reports compiled under this
Section. At the request of the | ||||||
| 23 | reporting agent, the Inspector General shall
keep the identity | ||||||
| 24 | of the reporting agent strictly confidential from the
operation | ||||||
| 25 | of the Department, until the Inspector General shall determine | ||||||
| 26 | what
recommendations shall be made with regard to discipline or | ||||||
| |||||||
| |||||||
| 1 | sanction of the
Department employee, service provider, or | ||||||
| 2 | contractor, with the exception of
suspected child abuse or | ||||||
| 3 | neglect which shall be handled consistent with the
Abused and | ||||||
| 4 | Neglected Child Reporting Act and Section 35.5 of this Act. The
| ||||||
| 5 | Department shall take whatever steps are necessary to assure | ||||||
| 6 | that a person
making a report in good faith under this Section | ||||||
| 7 | is not adversely affected
solely on the basis of having made | ||||||
| 8 | such report.
| ||||||
| 9 | (Source: P.A. 92-334, eff. 8-10-01.)
| ||||||
| 10 | Section 130. The Department of Children and Family Services | ||||||
| 11 | Powers Law of the
Civil Administrative Code of Illinois is | ||||||
| 12 | amended by changing Section 510-100 as follows:
| ||||||
| 13 | (20 ILCS 510/510-100) (was 20 ILCS 510/65.8)
| ||||||
| 14 | Sec. 510-100. Criminal history record information. | ||||||
| 15 | Whenever
the Department is
authorized or required by law to | ||||||
| 16 | consider some aspect of criminal history
record information for | ||||||
| 17 | the purpose of carrying out its statutory powers and
| ||||||
| 18 | responsibilities, then, upon request and payment of fees in | ||||||
| 19 | conformance
with the requirements of Section 2605-400 of the | ||||||
| 20 | Illinois Department of State Police Law
(20 ILCS | ||||||
| 21 | 2605/2605-400), the Illinois Department of State Police is | ||||||
| 22 | authorized to
furnish, pursuant to positive identification, | ||||||
| 23 | the information contained in
State files that is necessary to | ||||||
| 24 | fulfill the request.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 2 | Section 135. The Child Death Review Team Act is amended by | ||||||
| 3 | changing Section 15 as follows:
| ||||||
| 4 | (20 ILCS 515/15)
| ||||||
| 5 | Sec. 15. Child death review teams; establishment.
| ||||||
| 6 | (a) The Inspector General of the Department, in | ||||||
| 7 | consultation and cooperation with the Executive Council, law
| ||||||
| 8 | enforcement, and other
professionals who work in the field of | ||||||
| 9 | investigating, treating, or preventing
child abuse or neglect | ||||||
| 10 | in that subregion, shall appoint members to a child
death | ||||||
| 11 | review
team in each of the Department's administrative | ||||||
| 12 | subregions of the State outside
Cook County and at least one | ||||||
| 13 | child death review team in Cook County. The
members of a team | ||||||
| 14 | shall be appointed for 2-year terms and
shall be eligible for | ||||||
| 15 | reappointment upon the expiration of the terms. The Inspector | ||||||
| 16 | General of the Department must fill any vacancy in a team | ||||||
| 17 | within 60 days after that vacancy occurs.
| ||||||
| 18 | (b) Each child death review team shall consist of at least | ||||||
| 19 | one member from
each of the following categories:
| ||||||
| 20 | (1) Pediatrician or other physician knowledgeable | ||||||
| 21 | about child abuse and
neglect.
| ||||||
| 22 | (2) Representative of the Department.
| ||||||
| 23 | (3) State's attorney or State's attorney's | ||||||
| 24 | representative.
| ||||||
| |||||||
| |||||||
| 1 | (4) Representative of a local law enforcement agency.
| ||||||
| 2 | (5) Psychologist or psychiatrist.
| ||||||
| 3 | (6) Representative of a local health department.
| ||||||
| 4 | (7) Representative of a school district or other | ||||||
| 5 | education or child care
interests.
| ||||||
| 6 | (8) Coroner or forensic pathologist.
| ||||||
| 7 | (9) Representative of a child welfare agency or child | ||||||
| 8 | advocacy
organization.
| ||||||
| 9 | (10) Representative of a local hospital, trauma | ||||||
| 10 | center, or provider of
emergency medical services.
| ||||||
| 11 | (11) Representative of the Illinois Department of | ||||||
| 12 | State Police.
| ||||||
| 13 | (12) Representative of the Department of Public | ||||||
| 14 | Health. | ||||||
| 15 | Each child death review team may make recommendations to | ||||||
| 16 | the Inspector General of the Department
concerning additional | ||||||
| 17 | appointments. In the event of a disagreement, the Executive | ||||||
| 18 | Council's decision shall control.
| ||||||
| 19 | Each child death review team member must have demonstrated | ||||||
| 20 | experience and an
interest in investigating, treating, or | ||||||
| 21 | preventing child abuse or neglect.
| ||||||
| 22 | (c) Each child death review team shall select a chairperson | ||||||
| 23 | and vice-chairperson from among its
members.
The chairperson | ||||||
| 24 | shall also serve on the Illinois Child Death Review Teams
| ||||||
| 25 | Executive
Council. The vice-chairperson may also serve on the | ||||||
| 26 | Illinois Child Death Review Teams
Executive
Council, but shall | ||||||
| |||||||
| |||||||
| 1 | not have a vote on child death review team business unless the | ||||||
| 2 | chairperson is unable to attend a meeting. | ||||||
| 3 | (d) The child death review teams shall be funded under a | ||||||
| 4 | separate line item in the Department's annual budget.
| ||||||
| 5 | (e) The Department shall provide at least one full-time | ||||||
| 6 | Statewide Department of Children and Family Services Liaison | ||||||
| 7 | who shall attend all child death review team meetings, all | ||||||
| 8 | Executive meetings, all Executive Council meetings, and | ||||||
| 9 | meetings between the Director and the Executive Council. | ||||||
| 10 | (Source: P.A. 100-397, eff. 1-1-18; 100-1122, eff. 11-27-18.)
| ||||||
| 11 | Section 140. The Financial Institutions Code is amended by | ||||||
| 12 | changing Section 6 as follows:
| ||||||
| 13 | (20 ILCS 1205/6) (from Ch. 17, par. 106)
| ||||||
| 14 | Sec. 6. In addition to the duties imposed elsewhere in this | ||||||
| 15 | Act, the
Department has the following powers:
| ||||||
| 16 | (1) To exercise the rights, powers and duties vested by law | ||||||
| 17 | in the
Auditor of Public Accounts under "An Act to provide for | ||||||
| 18 | the incorporation,
management and regulation of pawners' | ||||||
| 19 | societies and limiting the rate of
compensation to be paid for | ||||||
| 20 | advances, storage and insurance on pawns and
pledges and to | ||||||
| 21 | allow the loaning of money upon personal property", approved
| ||||||
| 22 | March 29, 1899, as amended.
| ||||||
| 23 | (2) To exercise the rights, powers and duties vested by law | ||||||
| 24 | in the
Auditor of Public Accounts under "An Act in relation to | ||||||
| |||||||
| |||||||
| 1 | the definition,
licensing and regulation of community currency | ||||||
| 2 | exchanges and ambulatory
currency exchanges, and the operators | ||||||
| 3 | and employees thereof, and to make an
appropriation therefor, | ||||||
| 4 | and to provide penalties and remedies for the
violation | ||||||
| 5 | thereof", approved June 30, 1943, as amended.
| ||||||
| 6 | (3) To exercise the rights, powers, and duties vested by | ||||||
| 7 | law in the
Auditor of Public Accounts under "An Act in relation | ||||||
| 8 | to the buying and
selling of foreign exchange and the | ||||||
| 9 | transmission or transfer of money to
foreign countries", | ||||||
| 10 | approved June 28, 1923, as amended.
| ||||||
| 11 | (4) To exercise the rights, powers, and duties vested by | ||||||
| 12 | law in the
Auditor of Public Accounts under "An Act to provide | ||||||
| 13 | for and regulate the
business of guaranteeing titles to real | ||||||
| 14 | estate by corporations", approved
May 13, 1901, as amended.
| ||||||
| 15 | (5) To exercise the rights, powers and duties vested by law | ||||||
| 16 | in the
Department of Insurance under "An Act to define, | ||||||
| 17 | license, and regulate the
business of making loans of eight | ||||||
| 18 | hundred dollars or less, permitting an
interest charge thereon | ||||||
| 19 | greater than otherwise allowed by law, authorizing
and | ||||||
| 20 | regulating the assignment of wages or salary when taken as | ||||||
| 21 | security for
any such loan or as consideration for a payment of | ||||||
| 22 | eight hundred dollars or
less, providing penalties, and to | ||||||
| 23 | repeal Acts therein named", approved July
11, 1935, as amended.
| ||||||
| 24 | (6) To administer and enforce "An Act to license and | ||||||
| 25 | regulate the
keeping and letting of safety deposit boxes, | ||||||
| 26 | safes, and vaults, and the
opening thereof, and to repeal a | ||||||
| |||||||
| |||||||
| 1 | certain Act therein named", approved June
13, 1945, as amended.
| ||||||
| 2 | (7) Whenever the Department is authorized or required by | ||||||
| 3 | law to consider
some aspect of criminal history record | ||||||
| 4 | information for the purpose of
carrying out its statutory | ||||||
| 5 | powers and responsibilities, then, upon request
and payment of | ||||||
| 6 | fees in conformance with the requirements of Section 2605-400 | ||||||
| 7 | of the Illinois Department of State Police Law
(20 ILCS | ||||||
| 8 | 2605/2605-400), the
Illinois Department of State Police is | ||||||
| 9 | authorized to furnish, pursuant to positive
identification, | ||||||
| 10 | such information contained in State files as is necessary
to | ||||||
| 11 | fulfill the request.
| ||||||
| 12 | (8) To administer the Payday Loan Reform Act.
| ||||||
| 13 | (Source: P.A. 94-13, eff. 12-6-05.)
| ||||||
| 14 | Section 145. The Department of Human Services Act is | ||||||
| 15 | amended by changing Section 1-17 as follows:
| ||||||
| 16 | (20 ILCS 1305/1-17)
| ||||||
| 17 | Sec. 1-17. Inspector General. | ||||||
| 18 | (a) Nature and purpose. It is the express intent of the | ||||||
| 19 | General Assembly to ensure the health, safety, and financial | ||||||
| 20 | condition of individuals receiving services in this State due | ||||||
| 21 | to mental illness, developmental disability, or both by | ||||||
| 22 | protecting those persons from acts of abuse, neglect, or both | ||||||
| 23 | by service providers. To that end, the Office of the Inspector | ||||||
| 24 | General for the Department of Human Services is created to | ||||||
| |||||||
| |||||||
| 1 | investigate and report upon allegations of the abuse, neglect, | ||||||
| 2 | or financial exploitation of individuals receiving services | ||||||
| 3 | within mental health facilities, developmental disabilities | ||||||
| 4 | facilities, and community agencies operated, licensed, funded, | ||||||
| 5 | or certified by the Department of Human Services, but not | ||||||
| 6 | licensed or certified by any other State agency. | ||||||
| 7 | (b) Definitions. The following definitions apply to this | ||||||
| 8 | Section: | ||||||
| 9 | "Adult student with a disability" means an adult student, | ||||||
| 10 | age 18 through 21, inclusive, with an Individual Education | ||||||
| 11 | Program, other than a resident of a facility licensed by the | ||||||
| 12 | Department of Children and Family Services in accordance with | ||||||
| 13 | the Child Care Act of 1969. For purposes of this definition, | ||||||
| 14 | "through age 21, inclusive", means through the day before the | ||||||
| 15 | student's 22nd birthday. | ||||||
| 16 | "Agency" or "community agency" means (i) a community agency | ||||||
| 17 | licensed, funded, or certified by the Department, but not | ||||||
| 18 | licensed or certified by any other human services agency of the | ||||||
| 19 | State, to provide mental health service or developmental | ||||||
| 20 | disabilities service, or (ii) a program licensed, funded, or | ||||||
| 21 | certified by the Department, but not licensed or certified by | ||||||
| 22 | any other human services agency of the State, to provide mental | ||||||
| 23 | health service or developmental disabilities service. | ||||||
| 24 | "Aggravating circumstance" means a factor that is | ||||||
| 25 | attendant to a finding and that tends to compound or increase | ||||||
| 26 | the culpability of the accused. | ||||||
| |||||||
| |||||||
| 1 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
| 2 | incident involving any of the following conduct by an employee, | ||||||
| 3 | facility, or agency against an individual or individuals: | ||||||
| 4 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
| 5 | financial exploitation. | ||||||
| 6 | "Day" means working day, unless otherwise specified. | ||||||
| 7 | "Deflection" means a situation in which an individual is | ||||||
| 8 | presented for admission to a facility or agency, and the | ||||||
| 9 | facility staff or agency staff do not admit the individual. | ||||||
| 10 | "Deflection" includes triage, redirection, and denial of | ||||||
| 11 | admission. | ||||||
| 12 | "Department" means the Department of Human Services. | ||||||
| 13 | "Developmental disability" means "developmental | ||||||
| 14 | disability" as defined in the Mental Health and Developmental | ||||||
| 15 | Disabilities Code. | ||||||
| 16 | "Egregious neglect" means a finding of neglect as | ||||||
| 17 | determined by the Inspector General that (i) represents a gross | ||||||
| 18 | failure to adequately provide for, or a callused indifference | ||||||
| 19 | to, the health, safety, or medical needs of an individual and | ||||||
| 20 | (ii) results in an individual's death or other serious | ||||||
| 21 | deterioration of an individual's physical condition or mental | ||||||
| 22 | condition. | ||||||
| 23 | "Employee" means any person who provides services at the | ||||||
| 24 | facility or agency on-site or off-site. The service | ||||||
| 25 | relationship can be with the individual or with the facility or | ||||||
| 26 | agency. Also, "employee" includes any employee or contractual | ||||||
| |||||||
| |||||||
| 1 | agent of the Department of Human Services or the community | ||||||
| 2 | agency involved in providing or monitoring or administering | ||||||
| 3 | mental health or developmental disability services. This | ||||||
| 4 | includes but is not limited to: owners, operators, payroll | ||||||
| 5 | personnel, contractors, subcontractors, and volunteers. | ||||||
| 6 | "Facility" or "State-operated facility" means a mental | ||||||
| 7 | health facility or developmental disabilities facility | ||||||
| 8 | operated by the Department. | ||||||
| 9 | "Financial exploitation" means taking unjust advantage of | ||||||
| 10 | an individual's assets, property, or financial resources | ||||||
| 11 | through deception, intimidation, or conversion for the | ||||||
| 12 | employee's, facility's, or agency's own advantage or benefit. | ||||||
| 13 | "Finding" means the Office of Inspector General's | ||||||
| 14 | determination regarding whether an allegation is | ||||||
| 15 | substantiated, unsubstantiated, or unfounded. | ||||||
| 16 | "Health Care Worker Registry" or "Registry" means the | ||||||
| 17 | Health Care Worker Registry under the Health Care Worker | ||||||
| 18 | Background Check Act. | ||||||
| 19 | "Individual" means any person receiving mental health | ||||||
| 20 | service, developmental disabilities service, or both from a | ||||||
| 21 | facility or agency, while either on-site or off-site. | ||||||
| 22 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
| 23 | threatening words, signs, gestures, or other actions by an | ||||||
| 24 | employee about an individual and in the presence of an | ||||||
| 25 | individual or individuals that results in emotional distress or | ||||||
| 26 | maladaptive behavior, or could have resulted in emotional | ||||||
| |||||||
| |||||||
| 1 | distress or maladaptive behavior, for any individual present. | ||||||
| 2 | "Mental illness" means "mental illness" as defined in the | ||||||
| 3 | Mental Health and Developmental Disabilities Code. | ||||||
| 4 | "Mentally ill" means having a mental illness. | ||||||
| 5 | "Mitigating circumstance" means a condition that (i) is | ||||||
| 6 | attendant to a finding, (ii) does not excuse or justify the | ||||||
| 7 | conduct in question, but (iii) may be considered in evaluating | ||||||
| 8 | the severity of the conduct, the culpability of the accused, or | ||||||
| 9 | both the severity of the conduct and the culpability of the | ||||||
| 10 | accused. | ||||||
| 11 | "Neglect" means an employee's, agency's, or facility's | ||||||
| 12 | failure to provide adequate medical care, personal care, or | ||||||
| 13 | maintenance and that, as a consequence, (i) causes an | ||||||
| 14 | individual pain, injury, or emotional distress, (ii) results in | ||||||
| 15 | either an individual's maladaptive behavior or the | ||||||
| 16 | deterioration of an individual's physical condition or mental | ||||||
| 17 | condition, or (iii) places the individual's health or safety at | ||||||
| 18 | substantial risk. | ||||||
| 19 | "Person with a developmental disability" means a person | ||||||
| 20 | having a developmental disability. | ||||||
| 21 | "Physical abuse" means an employee's non-accidental and | ||||||
| 22 | inappropriate contact with an individual that causes bodily | ||||||
| 23 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
| 24 | as a result of an employee directing an individual or person to | ||||||
| 25 | physically abuse another individual. | ||||||
| 26 | "Recommendation" means an admonition, separate from a | ||||||
| |||||||
| |||||||
| 1 | finding, that requires action by the facility, agency, or | ||||||
| 2 | Department to correct a systemic issue, problem, or deficiency | ||||||
| 3 | identified during an investigation. | ||||||
| 4 | "Required reporter" means any employee who suspects, | ||||||
| 5 | witnesses, or is informed of an allegation of any one or more | ||||||
| 6 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
| 7 | neglect, or financial exploitation. | ||||||
| 8 | "Secretary" means the Chief Administrative Officer of the | ||||||
| 9 | Department. | ||||||
| 10 | "Sexual abuse" means any sexual contact or intimate | ||||||
| 11 | physical contact between an employee and an individual, | ||||||
| 12 | including an employee's coercion or encouragement of an | ||||||
| 13 | individual to engage in sexual behavior that results in sexual | ||||||
| 14 | contact, intimate physical contact, sexual behavior, or | ||||||
| 15 | intimate physical behavior. Sexual abuse also includes (i) an | ||||||
| 16 | employee's actions that result in the sending or showing of | ||||||
| 17 | sexually explicit images to an individual via computer, | ||||||
| 18 | cellular phone, electronic mail, portable electronic device, | ||||||
| 19 | or other media with or without contact with the individual or | ||||||
| 20 | (ii) an employee's posting of sexually explicit images of an | ||||||
| 21 | individual online or elsewhere whether or not there is contact | ||||||
| 22 | with the individual. | ||||||
| 23 | "Sexually explicit images" includes, but is not limited to, | ||||||
| 24 | any material which depicts nudity, sexual conduct, or | ||||||
| 25 | sado-masochistic abuse, or which contains explicit and | ||||||
| 26 | detailed verbal descriptions or narrative accounts of sexual | ||||||
| |||||||
| |||||||
| 1 | excitement, sexual conduct, or sado-masochistic abuse. | ||||||
| 2 | "Substantiated" means there is a preponderance of the | ||||||
| 3 | evidence to support the allegation. | ||||||
| 4 | "Unfounded" means there is no credible evidence to support | ||||||
| 5 | the allegation. | ||||||
| 6 | "Unsubstantiated" means there is credible evidence, but | ||||||
| 7 | less than a preponderance of evidence to support the | ||||||
| 8 | allegation. | ||||||
| 9 | (c) Appointment. The Governor shall appoint, and the Senate | ||||||
| 10 | shall confirm, an Inspector General. The Inspector General | ||||||
| 11 | shall be appointed for a term of 4 years and shall function | ||||||
| 12 | within the Department of Human Services and report to the | ||||||
| 13 | Secretary and the Governor. | ||||||
| 14 | (d) Operation and appropriation. The Inspector General | ||||||
| 15 | shall function independently within the Department with | ||||||
| 16 | respect to the operations of the Office, including the | ||||||
| 17 | performance of investigations and issuance of findings and | ||||||
| 18 | recommendations. The appropriation for the Office of Inspector | ||||||
| 19 | General shall be separate from the overall appropriation for | ||||||
| 20 | the Department. | ||||||
| 21 | (e) Powers and duties. The Inspector General shall | ||||||
| 22 | investigate reports of suspected mental abuse, physical abuse, | ||||||
| 23 | sexual abuse, neglect, or financial exploitation of | ||||||
| 24 | individuals in any mental health or developmental disabilities | ||||||
| 25 | facility or agency and shall have authority to take immediate | ||||||
| 26 | action to prevent any one or more of the following from | ||||||
| |||||||
| |||||||
| 1 | happening to individuals under its jurisdiction: mental abuse, | ||||||
| 2 | physical abuse, sexual abuse, neglect, or financial | ||||||
| 3 | exploitation. Upon written request of an agency of this State, | ||||||
| 4 | the Inspector General may assist another agency of the State in | ||||||
| 5 | investigating reports of the abuse, neglect, or abuse and | ||||||
| 6 | neglect of persons with mental illness, persons with | ||||||
| 7 | developmental disabilities, or persons with both. To comply | ||||||
| 8 | with the requirements of subsection (k) of this Section, the | ||||||
| 9 | Inspector General shall also review all reportable deaths for | ||||||
| 10 | which there is no allegation of abuse or neglect. Nothing in | ||||||
| 11 | this Section shall preempt any duties of the Medical Review | ||||||
| 12 | Board set forth in the Mental Health and Developmental | ||||||
| 13 | Disabilities Code. The Inspector General shall have no | ||||||
| 14 | authority to investigate alleged violations of the State | ||||||
| 15 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
| 16 | under the State Officials and Employees Ethics Act shall be | ||||||
| 17 | referred to the Office of the Governor's Executive Inspector | ||||||
| 18 | General for investigation. | ||||||
| 19 | (f) Limitations. The Inspector General shall not conduct an | ||||||
| 20 | investigation within an agency or facility if that | ||||||
| 21 | investigation would be redundant to or interfere with an | ||||||
| 22 | investigation conducted by another State agency. The Inspector | ||||||
| 23 | General shall have no supervision over, or involvement in, the | ||||||
| 24 | routine programmatic, licensing, funding, or certification | ||||||
| 25 | operations of the Department. Nothing in this subsection limits | ||||||
| 26 | investigations by the Department that may otherwise be required | ||||||
| |||||||
| |||||||
| 1 | by law or that may be necessary in the Department's capacity as | ||||||
| 2 | central administrative authority responsible for the operation | ||||||
| 3 | of the State's mental health and developmental disabilities | ||||||
| 4 | facilities. | ||||||
| 5 | (g) Rulemaking authority. The Inspector General shall | ||||||
| 6 | promulgate rules establishing minimum requirements for | ||||||
| 7 | reporting allegations as well as for initiating, conducting, | ||||||
| 8 | and completing investigations based upon the nature of the | ||||||
| 9 | allegation or allegations. The rules shall clearly establish | ||||||
| 10 | that if 2 or more State agencies could investigate an | ||||||
| 11 | allegation, the Inspector General shall not conduct an | ||||||
| 12 | investigation that would be redundant to, or interfere with, an | ||||||
| 13 | investigation conducted by another State agency. The rules | ||||||
| 14 | shall further clarify the method and circumstances under which | ||||||
| 15 | the Office of Inspector General may interact with the | ||||||
| 16 | licensing, funding, or certification units of the Department in | ||||||
| 17 | preventing further occurrences of mental abuse, physical | ||||||
| 18 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
| 19 | exploitation. | ||||||
| 20 | (h) Training programs. The Inspector General shall (i) | ||||||
| 21 | establish a comprehensive program to ensure that every person | ||||||
| 22 | authorized to conduct investigations receives ongoing training | ||||||
| 23 | relative to investigation techniques, communication skills, | ||||||
| 24 | and the appropriate means of interacting with persons receiving | ||||||
| 25 | treatment for mental illness, developmental disability, or | ||||||
| 26 | both mental illness and developmental disability, and (ii) | ||||||
| |||||||
| |||||||
| 1 | establish and conduct periodic training programs for facility | ||||||
| 2 | and agency employees concerning the prevention and reporting of | ||||||
| 3 | any one or more of the following: mental abuse, physical abuse, | ||||||
| 4 | sexual abuse, neglect, egregious neglect, or financial | ||||||
| 5 | exploitation. The Inspector General shall further ensure (i) | ||||||
| 6 | every person authorized to conduct investigations at community | ||||||
| 7 | agencies receives ongoing training in Title 59, Parts 115, 116, | ||||||
| 8 | and 119 of the Illinois Administrative Code, and (ii) every | ||||||
| 9 | person authorized to conduct investigations shall receive | ||||||
| 10 | ongoing training in Title 59, Part 50 of the Illinois | ||||||
| 11 | Administrative Code. Nothing in this Section shall be deemed to | ||||||
| 12 | prevent the Office of Inspector General from conducting any | ||||||
| 13 | other training as determined by the Inspector General to be | ||||||
| 14 | necessary or helpful. | ||||||
| 15 | (i) Duty to cooperate. | ||||||
| 16 | (1) The Inspector General shall at all times be granted | ||||||
| 17 | access to any facility or agency for the purpose of | ||||||
| 18 | investigating any allegation, conducting unannounced site | ||||||
| 19 | visits, monitoring compliance with a written response, or | ||||||
| 20 | completing any other statutorily assigned duty. The | ||||||
| 21 | Inspector General shall conduct unannounced site visits to | ||||||
| 22 | each facility at least annually for the purpose of | ||||||
| 23 | reviewing and making recommendations on systemic issues | ||||||
| 24 | relative to preventing, reporting, investigating, and | ||||||
| 25 | responding to all of the following: mental abuse, physical | ||||||
| 26 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
| |||||||
| |||||||
| 1 | financial exploitation. | ||||||
| 2 | (2) Any employee who fails to cooperate with an Office | ||||||
| 3 | of the Inspector General investigation is in violation of | ||||||
| 4 | this Act. Failure to cooperate with an investigation | ||||||
| 5 | includes, but is not limited to, any one or more of the | ||||||
| 6 | following: (i) creating and transmitting a false report to | ||||||
| 7 | the Office of the Inspector General hotline, (ii) providing | ||||||
| 8 | false information to an Office of the Inspector General | ||||||
| 9 | Investigator during an investigation, (iii) colluding with | ||||||
| 10 | other employees to cover up evidence, (iv) colluding with | ||||||
| 11 | other employees to provide false information to an Office | ||||||
| 12 | of the Inspector General investigator, (v) destroying | ||||||
| 13 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
| 14 | obstructing an Office of the Inspector General | ||||||
| 15 | investigation. Additionally, any employee who, during an | ||||||
| 16 | unannounced site visit or written response compliance | ||||||
| 17 | check, fails to cooperate with requests from the Office of | ||||||
| 18 | the Inspector General is in violation of this Act. | ||||||
| 19 | (j) Subpoena powers. The Inspector General shall have the | ||||||
| 20 | power to subpoena witnesses and compel the production of all | ||||||
| 21 | documents and physical evidence relating to his or her | ||||||
| 22 | investigations and any hearings authorized by this Act. This | ||||||
| 23 | subpoena power shall not extend to persons or documents of a | ||||||
| 24 | labor organization or its representatives insofar as the | ||||||
| 25 | persons are acting in a representative capacity to an employee | ||||||
| 26 | whose conduct is the subject of an investigation or the | ||||||
| |||||||
| |||||||
| 1 | documents relate to that representation. Any person who | ||||||
| 2 | otherwise fails to respond to a subpoena or who knowingly | ||||||
| 3 | provides false information to the Office of the Inspector | ||||||
| 4 | General by subpoena during an investigation is guilty of a | ||||||
| 5 | Class A misdemeanor. | ||||||
| 6 | (k) Reporting allegations and deaths. | ||||||
| 7 | (1) Allegations. If an employee witnesses, is told of, | ||||||
| 8 | or has reason to believe an incident of mental abuse, | ||||||
| 9 | physical abuse, sexual abuse, neglect, or financial | ||||||
| 10 | exploitation has occurred, the employee, agency, or | ||||||
| 11 | facility shall report the allegation by phone to the Office | ||||||
| 12 | of the Inspector General hotline according to the agency's | ||||||
| 13 | or facility's procedures, but in no event later than 4 | ||||||
| 14 | hours after the initial discovery of the incident, | ||||||
| 15 | allegation, or suspicion of any one or more of the | ||||||
| 16 | following: mental abuse, physical abuse, sexual abuse, | ||||||
| 17 | neglect, or financial exploitation. A required reporter as | ||||||
| 18 | defined in subsection (b) of this Section who knowingly or | ||||||
| 19 | intentionally fails to comply with these reporting | ||||||
| 20 | requirements is guilty of a Class A misdemeanor. | ||||||
| 21 | (2) Deaths. Absent an allegation, a required reporter | ||||||
| 22 | shall, within 24 hours after initial discovery, report by | ||||||
| 23 | phone to the Office of the Inspector General hotline each | ||||||
| 24 | of the following: | ||||||
| 25 | (i) Any death of an individual occurring within 14 | ||||||
| 26 | calendar days after discharge or transfer of the | ||||||
| |||||||
| |||||||
| 1 | individual from a residential program or facility. | ||||||
| 2 | (ii) Any death of an individual occurring within 24 | ||||||
| 3 | hours after deflection from a residential program or | ||||||
| 4 | facility. | ||||||
| 5 | (iii) Any other death of an individual occurring at | ||||||
| 6 | an agency or facility or at any Department-funded site. | ||||||
| 7 | (3) Retaliation. It is a violation of this Act for any | ||||||
| 8 | employee or administrator of an agency or facility to take | ||||||
| 9 | retaliatory action against an employee who acts in good | ||||||
| 10 | faith in conformance with his or her duties as a required | ||||||
| 11 | reporter. | ||||||
| 12 | (l) Reporting to law enforcement. | ||||||
| 13 | (1) Reporting criminal acts. Within 24 hours after | ||||||
| 14 | determining that there is credible evidence indicating | ||||||
| 15 | that a criminal act may have been committed or that special | ||||||
| 16 | expertise may be required in an investigation, the | ||||||
| 17 | Inspector General shall notify the Illinois Department of | ||||||
| 18 | State Police or other appropriate law enforcement | ||||||
| 19 | authority, or ensure that such notification is made. The | ||||||
| 20 | Illinois Department of State Police shall investigate any | ||||||
| 21 | report from a State-operated facility indicating a | ||||||
| 22 | possible murder, sexual assault, or other felony by an | ||||||
| 23 | employee. All investigations conducted by the Inspector | ||||||
| 24 | General shall be conducted in a manner designed to ensure | ||||||
| 25 | the preservation of evidence for possible use in a criminal | ||||||
| 26 | prosecution. | ||||||
| |||||||
| |||||||
| 1 | (2) Reporting allegations of adult students with | ||||||
| 2 | disabilities. Upon receipt of a reportable allegation | ||||||
| 3 | regarding an adult student with a disability, the | ||||||
| 4 | Department's Office of the Inspector General shall | ||||||
| 5 | determine whether the allegation meets the criteria for the | ||||||
| 6 | Domestic Abuse Program under the Abuse of Adults with | ||||||
| 7 | Disabilities Intervention Act. If the allegation is | ||||||
| 8 | reportable to that program, the Office of the Inspector | ||||||
| 9 | General shall initiate an investigation. If the allegation | ||||||
| 10 | is not reportable to the Domestic Abuse Program, the Office | ||||||
| 11 | of the Inspector General shall make an expeditious referral | ||||||
| 12 | to the respective law enforcement entity. If the alleged | ||||||
| 13 | victim is already receiving services from the Department, | ||||||
| 14 | the Office of the Inspector General shall also make a | ||||||
| 15 | referral to the respective Department of Human Services' | ||||||
| 16 | Division or Bureau. | ||||||
| 17 | (m) Investigative reports. Upon completion of an | ||||||
| 18 | investigation, the Office of Inspector General shall issue an | ||||||
| 19 | investigative report identifying whether the allegations are | ||||||
| 20 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
| 21 | business days after the transmittal of a completed | ||||||
| 22 | investigative report substantiating an allegation, finding an | ||||||
| 23 | allegation is unsubstantiated, or if a recommendation is made, | ||||||
| 24 | the Inspector General shall provide the investigative report on | ||||||
| 25 | the case to the Secretary and to the director of the facility | ||||||
| 26 | or agency where any one or more of the following occurred: | ||||||
| |||||||
| |||||||
| 1 | mental abuse, physical abuse, sexual abuse, neglect, egregious | ||||||
| 2 | neglect, or financial exploitation. The director of the | ||||||
| 3 | facility or agency shall be responsible for maintaining the | ||||||
| 4 | confidentiality of the investigative report consistent with | ||||||
| 5 | State and federal law. In a substantiated case, the | ||||||
| 6 | investigative report shall include any mitigating or | ||||||
| 7 | aggravating circumstances that were identified during the | ||||||
| 8 | investigation. If the case involves substantiated neglect, the | ||||||
| 9 | investigative report shall also state whether egregious | ||||||
| 10 | neglect was found. An investigative report may also set forth | ||||||
| 11 | recommendations. All investigative reports prepared by the | ||||||
| 12 | Office of the Inspector General shall be considered | ||||||
| 13 | confidential and shall not be released except as provided by | ||||||
| 14 | the law of this State or as required under applicable federal | ||||||
| 15 | law. Unsubstantiated and unfounded reports shall not be | ||||||
| 16 | disclosed except as allowed under Section 6 of the Abused and | ||||||
| 17 | Neglected Long Term Care Facility Residents Reporting Act. Raw | ||||||
| 18 | data used to compile the investigative report shall not be | ||||||
| 19 | subject to release unless required by law or a court order. | ||||||
| 20 | "Raw data used to compile the investigative report" includes, | ||||||
| 21 | but is not limited to, any one or more of the following: the | ||||||
| 22 | initial complaint, witness statements, photographs, | ||||||
| 23 | investigator's notes, police reports, or incident reports. If | ||||||
| 24 | the allegations are substantiated, the victim, the victim's | ||||||
| 25 | guardian, and the accused shall be provided with a redacted | ||||||
| 26 | copy of the investigative report. Death reports where there was | ||||||
| |||||||
| |||||||
| 1 | no allegation of abuse or neglect shall only be released | ||||||
| 2 | pursuant to applicable State or federal law or a valid court | ||||||
| 3 | order. Unredacted investigative reports, as well as raw data, | ||||||
| 4 | may be shared with a local law enforcement entity, a State's | ||||||
| 5 | Attorney's office, or a county coroner's office upon written | ||||||
| 6 | request. | ||||||
| 7 | (n) Written responses, clarification requests, and | ||||||
| 8 | reconsideration requests. | ||||||
| 9 | (1) Written responses. Within 30 calendar days from | ||||||
| 10 | receipt of a substantiated investigative report or an | ||||||
| 11 | investigative report which contains recommendations, | ||||||
| 12 | absent a reconsideration request, the facility or agency | ||||||
| 13 | shall file a written response that addresses, in a concise | ||||||
| 14 | and reasoned manner, the actions taken to: (i) protect the | ||||||
| 15 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
| 16 | the problems identified. The response shall include the | ||||||
| 17 | implementation and completion dates of such actions. If the | ||||||
| 18 | written response is not filed within the allotted 30 | ||||||
| 19 | calendar day period, the Secretary shall determine the | ||||||
| 20 | appropriate corrective action to be taken. | ||||||
| 21 | (2) Requests for clarification. The facility, agency, | ||||||
| 22 | victim or guardian, or the subject employee may request | ||||||
| 23 | that the Office of Inspector General clarify the finding or | ||||||
| 24 | findings for which clarification is sought. | ||||||
| 25 | (3) Requests for reconsideration. The facility, | ||||||
| 26 | agency, victim or guardian, or the subject employee may | ||||||
| |||||||
| |||||||
| 1 | request that the Office of the Inspector General reconsider | ||||||
| 2 | the finding or findings or the recommendations. A request | ||||||
| 3 | for reconsideration shall be subject to a multi-layer | ||||||
| 4 | review and shall include at least one reviewer who did not | ||||||
| 5 | participate in the investigation or approval of the | ||||||
| 6 | original investigative report. After the multi-layer | ||||||
| 7 | review process has been completed, the Inspector General | ||||||
| 8 | shall make the final determination on the reconsideration | ||||||
| 9 | request. The investigation shall be reopened if the | ||||||
| 10 | reconsideration determination finds that additional | ||||||
| 11 | information is needed to complete the investigative | ||||||
| 12 | record. | ||||||
| 13 | (o) Disclosure of the finding by the Inspector General. The | ||||||
| 14 | Inspector General shall disclose the finding of an | ||||||
| 15 | investigation to the following persons: (i) the Governor, (ii) | ||||||
| 16 | the Secretary, (iii) the director of the facility or agency, | ||||||
| 17 | (iv) the alleged victims and their guardians, (v) the | ||||||
| 18 | complainant, and (vi) the accused. This information shall | ||||||
| 19 | include whether the allegations were deemed substantiated, | ||||||
| 20 | unsubstantiated, or unfounded. | ||||||
| 21 | (p) Secretary review. Upon review of the Inspector | ||||||
| 22 | General's investigative report and any agency's or facility's | ||||||
| 23 | written response, the Secretary shall accept or reject the | ||||||
| 24 | written response and notify the Inspector General of that | ||||||
| 25 | determination. The Secretary may further direct that other | ||||||
| 26 | administrative action be taken, including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | any one or more of the following: (i) additional site visits, | ||||||
| 2 | (ii) training, (iii) provision of technical assistance | ||||||
| 3 | relative to administrative needs, licensure, or certification, | ||||||
| 4 | or (iv) the imposition of appropriate sanctions. | ||||||
| 5 | (q) Action by facility or agency. Within 30 days of the | ||||||
| 6 | date the Secretary approves the written response or directs | ||||||
| 7 | that further administrative action be taken, the facility or | ||||||
| 8 | agency shall provide an implementation report to the Inspector | ||||||
| 9 | General that provides the status of the action taken. The | ||||||
| 10 | facility or agency shall be allowed an additional 30 days to | ||||||
| 11 | send notice of completion of the action or to send an updated | ||||||
| 12 | implementation report. If the action has not been completed | ||||||
| 13 | within the additional 30-day period, the facility or agency | ||||||
| 14 | shall send updated implementation reports every 60 days until | ||||||
| 15 | completion. The Inspector General shall conduct a review of any | ||||||
| 16 | implementation plan that takes more than 120 days after | ||||||
| 17 | approval to complete, and shall monitor compliance through a | ||||||
| 18 | random review of approved written responses, which may include, | ||||||
| 19 | but are not limited to: (i) site visits, (ii) telephone | ||||||
| 20 | contact, and (iii) requests for additional documentation | ||||||
| 21 | evidencing compliance. | ||||||
| 22 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
| 23 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
| 24 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
| 25 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
| 26 | or some combination of one or more of those acts at a facility | ||||||
| |||||||
| |||||||
| 1 | or agency, and may include any one or more of the following: | ||||||
| 2 | (1) Appointment of on-site monitors. | ||||||
| 3 | (2) Transfer or relocation of an individual or | ||||||
| 4 | individuals. | ||||||
| 5 | (3) Closure of units. | ||||||
| 6 | (4) Termination of any one or more of the following: | ||||||
| 7 | (i) Department licensing, (ii) funding, or (iii) | ||||||
| 8 | certification. | ||||||
| 9 | The Inspector General may seek the assistance of the | ||||||
| 10 | Illinois Attorney General or the office of any State's Attorney | ||||||
| 11 | in implementing sanctions. | ||||||
| 12 | (s) Health Care Worker Registry. | ||||||
| 13 | (1) Reporting to the Registry. The Inspector General | ||||||
| 14 | shall report to the Department of Public Health's Health | ||||||
| 15 | Care Worker Registry, a public registry, the identity and | ||||||
| 16 | finding of each employee of a facility or agency against | ||||||
| 17 | whom there is a final investigative report containing a | ||||||
| 18 | substantiated allegation of physical or sexual abuse, | ||||||
| 19 | financial exploitation, or egregious neglect of an | ||||||
| 20 | individual. | ||||||
| 21 | (2) Notice to employee. Prior to reporting the name of | ||||||
| 22 | an employee, the employee shall be notified of the | ||||||
| 23 | Department's obligation to report and shall be granted an | ||||||
| 24 | opportunity to request an administrative hearing, the sole | ||||||
| 25 | purpose of which is to determine if the substantiated | ||||||
| 26 | finding warrants reporting to the Registry. Notice to the | ||||||
| |||||||
| |||||||
| 1 | employee shall contain a clear and concise statement of the | ||||||
| 2 | grounds on which the report to the Registry is based, offer | ||||||
| 3 | the employee an opportunity for a hearing, and identify the | ||||||
| 4 | process for requesting such a hearing. Notice is sufficient | ||||||
| 5 | if provided by certified mail to the employee's last known | ||||||
| 6 | address. If the employee fails to request a hearing within | ||||||
| 7 | 30 days from the date of the notice, the Inspector General | ||||||
| 8 | shall report the name of the employee to the Registry. | ||||||
| 9 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
| 10 | the rights of a person who is a member of a collective | ||||||
| 11 | bargaining unit under the Illinois Public Labor Relations | ||||||
| 12 | Act or under any other federal labor statute. | ||||||
| 13 | (3) Registry hearings. If the employee requests an | ||||||
| 14 | administrative hearing, the employee shall be granted an | ||||||
| 15 | opportunity to appear before an administrative law judge to | ||||||
| 16 | present reasons why the employee's name should not be | ||||||
| 17 | reported to the Registry. The Department shall bear the | ||||||
| 18 | burden of presenting evidence that establishes, by a | ||||||
| 19 | preponderance of the evidence, that the substantiated | ||||||
| 20 | finding warrants reporting to the Registry. After | ||||||
| 21 | considering all the evidence presented, the administrative | ||||||
| 22 | law judge shall make a recommendation to the Secretary as | ||||||
| 23 | to whether the substantiated finding warrants reporting | ||||||
| 24 | the name of the employee to the Registry. The Secretary | ||||||
| 25 | shall render the final decision. The Department and the | ||||||
| 26 | employee shall have the right to request that the | ||||||
| |||||||
| |||||||
| 1 | administrative law judge consider a stipulated disposition | ||||||
| 2 | of these proceedings. | ||||||
| 3 | (4) Testimony at Registry hearings. A person who makes | ||||||
| 4 | a report or who investigates a report under this Act shall | ||||||
| 5 | testify fully in any judicial proceeding resulting from | ||||||
| 6 | such a report, as to any evidence of abuse or neglect, or | ||||||
| 7 | the cause thereof. No evidence shall be excluded by reason | ||||||
| 8 | of any common law or statutory privilege relating to | ||||||
| 9 | communications between the alleged perpetrator of abuse or | ||||||
| 10 | neglect, or the individual alleged as the victim in the | ||||||
| 11 | report, and the person making or investigating the report. | ||||||
| 12 | Testimony at hearings is exempt from the confidentiality | ||||||
| 13 | requirements of subsection (f) of Section 10 of the Mental | ||||||
| 14 | Health and Developmental Disabilities Confidentiality Act. | ||||||
| 15 | (5) Employee's rights to collateral action. No | ||||||
| 16 | reporting to the Registry shall occur and no hearing shall | ||||||
| 17 | be set or proceed if an employee notifies the Inspector | ||||||
| 18 | General in writing, including any supporting | ||||||
| 19 | documentation, that he or she is formally contesting an | ||||||
| 20 | adverse employment action resulting from a substantiated | ||||||
| 21 | finding by complaint filed with the Illinois Civil Service | ||||||
| 22 | Commission, or which otherwise seeks to enforce the | ||||||
| 23 | employee's rights pursuant to any applicable collective | ||||||
| 24 | bargaining agreement. If an action taken by an employer | ||||||
| 25 | against an employee as a result of a finding of physical | ||||||
| 26 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
| |||||||
| |||||||
| 1 | through an action filed with the Illinois Civil Service | ||||||
| 2 | Commission or under any applicable collective bargaining | ||||||
| 3 | agreement and if that employee's name has already been sent | ||||||
| 4 | to the Registry, the employee's name shall be removed from | ||||||
| 5 | the Registry. | ||||||
| 6 | (6) Removal from Registry. At any time after the report | ||||||
| 7 | to the Registry, but no more than once in any 12-month | ||||||
| 8 | period, an employee may petition the Department in writing | ||||||
| 9 | to remove his or her name from the Registry. Upon receiving | ||||||
| 10 | notice of such request, the Inspector General shall conduct | ||||||
| 11 | an investigation into the petition. Upon receipt of such | ||||||
| 12 | request, an administrative hearing will be set by the | ||||||
| 13 | Department. At the hearing, the employee shall bear the | ||||||
| 14 | burden of presenting evidence that establishes, by a | ||||||
| 15 | preponderance of the evidence, that removal of the name | ||||||
| 16 | from the Registry is in the public interest. The parties | ||||||
| 17 | may jointly request that the administrative law judge | ||||||
| 18 | consider a stipulated disposition of these proceedings. | ||||||
| 19 | (t) Review of Administrative Decisions. The Department | ||||||
| 20 | shall preserve a record of all proceedings at any formal | ||||||
| 21 | hearing conducted by the Department involving Health Care | ||||||
| 22 | Worker Registry hearings. Final administrative decisions of | ||||||
| 23 | the Department are subject to judicial review pursuant to | ||||||
| 24 | provisions of the Administrative Review Law. | ||||||
| 25 | (u) Quality Care Board. There is created, within the Office | ||||||
| 26 | of the Inspector General, a Quality Care Board to be composed | ||||||
| |||||||
| |||||||
| 1 | of 7 members appointed by the Governor with the advice and | ||||||
| 2 | consent of the Senate. One of the members shall be designated | ||||||
| 3 | as chairman by the Governor. Of the initial appointments made | ||||||
| 4 | by the Governor, 4 Board members shall each be appointed for a | ||||||
| 5 | term of 4 years and 3 members shall each be appointed for a | ||||||
| 6 | term of 2 years. Upon the expiration of each member's term, a | ||||||
| 7 | successor shall be appointed for a term of 4 years. In the case | ||||||
| 8 | of a vacancy in the office of any member, the Governor shall | ||||||
| 9 | appoint a successor for the remainder of the unexpired term. | ||||||
| 10 | Members appointed by the Governor shall be qualified by | ||||||
| 11 | professional knowledge or experience in the area of law, | ||||||
| 12 | investigatory techniques, or in the area of care of the | ||||||
| 13 | mentally ill or care of persons with developmental | ||||||
| 14 | disabilities. Two members appointed by the Governor shall be | ||||||
| 15 | persons with a disability or parents of persons with a | ||||||
| 16 | disability. Members shall serve without compensation, but | ||||||
| 17 | shall be reimbursed for expenses incurred in connection with | ||||||
| 18 | the performance of their duties as members. | ||||||
| 19 | The Board shall meet quarterly, and may hold other meetings | ||||||
| 20 | on the call of the chairman. Four members shall constitute a | ||||||
| 21 | quorum allowing the Board to conduct its business. The Board | ||||||
| 22 | may adopt rules and regulations it deems necessary to govern | ||||||
| 23 | its own procedures. | ||||||
| 24 | The Board shall monitor and oversee the operations, | ||||||
| 25 | policies, and procedures of the Inspector General to ensure the | ||||||
| 26 | prompt and thorough investigation of allegations of neglect and | ||||||
| |||||||
| |||||||
| 1 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
| 2 | the following: | ||||||
| 3 | (1) Provide independent, expert consultation to the | ||||||
| 4 | Inspector General on policies and protocols for | ||||||
| 5 | investigations of alleged abuse, neglect, or both abuse and | ||||||
| 6 | neglect. | ||||||
| 7 | (2) Review existing regulations relating to the | ||||||
| 8 | operation of facilities. | ||||||
| 9 | (3) Advise the Inspector General as to the content of | ||||||
| 10 | training activities authorized under this Section. | ||||||
| 11 | (4) Recommend policies concerning methods for | ||||||
| 12 | improving the intergovernmental relationships between the | ||||||
| 13 | Office of the Inspector General and other State or federal | ||||||
| 14 | offices. | ||||||
| 15 | (v) Annual report. The Inspector General shall provide to | ||||||
| 16 | the General Assembly and the Governor, no later than January 1 | ||||||
| 17 | of each year, a summary of reports and investigations made | ||||||
| 18 | under this Act for the prior fiscal year with respect to | ||||||
| 19 | individuals receiving mental health or developmental | ||||||
| 20 | disabilities services. The report shall detail the imposition | ||||||
| 21 | of sanctions, if any, and the final disposition of any | ||||||
| 22 | corrective or administrative action directed by the Secretary. | ||||||
| 23 | The summaries shall not contain any confidential or identifying | ||||||
| 24 | information of any individual, but shall include objective data | ||||||
| 25 | identifying any trends in the number of reported allegations, | ||||||
| 26 | the timeliness of the Office of the Inspector General's | ||||||
| |||||||
| |||||||
| 1 | investigations, and their disposition, for each facility and | ||||||
| 2 | Department-wide, for the most recent 3-year time period. The | ||||||
| 3 | report shall also identify, by facility, the staff-to-patient | ||||||
| 4 | ratios taking account of direct care staff only. The report | ||||||
| 5 | shall also include detailed recommended administrative actions | ||||||
| 6 | and matters for consideration by the General Assembly. | ||||||
| 7 | (w) Program audit. The Auditor General shall conduct a | ||||||
| 8 | program audit of the Office of the Inspector General on an | ||||||
| 9 | as-needed basis, as determined by the Auditor General. The | ||||||
| 10 | audit shall specifically include the Inspector General's | ||||||
| 11 | compliance with the Act and effectiveness in investigating | ||||||
| 12 | reports of allegations occurring in any facility or agency. The | ||||||
| 13 | Auditor General shall conduct the program audit according to | ||||||
| 14 | the provisions of the Illinois State Auditing Act and shall | ||||||
| 15 | report its findings to the General Assembly no later than | ||||||
| 16 | January 1 following the audit period.
| ||||||
| 17 | (x) Nothing in this Section shall be construed to mean that | ||||||
| 18 | an individual is a victim of abuse or neglect because of health | ||||||
| 19 | care services appropriately provided or not provided by health | ||||||
| 20 | care professionals. | ||||||
| 21 | (y) Nothing in this Section shall require a facility, | ||||||
| 22 | including its employees, agents, medical staff members, and | ||||||
| 23 | health care professionals, to provide a service to an | ||||||
| 24 | individual in contravention of that individual's stated or | ||||||
| 25 | implied objection to the provision of that service on the | ||||||
| 26 | ground that that service conflicts with the individual's | ||||||
| |||||||
| |||||||
| 1 | religious beliefs or practices, nor shall the failure to | ||||||
| 2 | provide a service to an individual be considered abuse under | ||||||
| 3 | this Section if the individual has objected to the provision of | ||||||
| 4 | that service based on his or her religious beliefs or | ||||||
| 5 | practices.
| ||||||
| 6 | (Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17; | ||||||
| 7 | 100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff. | ||||||
| 8 | 8-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)
| ||||||
| 9 | Section 150. The Department of Innovation and Technology | ||||||
| 10 | Act is amended by changing Section 1-5 as follows:
| ||||||
| 11 | (20 ILCS 1370/1-5)
| ||||||
| 12 | Sec. 1-5. Definitions. In this Act: | ||||||
| 13 | "Bureau of Communications and Computer Services" means the | ||||||
| 14 | Bureau of Communications and Computer Services, also known as | ||||||
| 15 | the Bureau of Information and Communication Services, created | ||||||
| 16 | by rule (2 Illinois Administrative Code 750.40) within the | ||||||
| 17 | Department of Central Management Services. | ||||||
| 18 | "Client agency" means each transferring agency, or its | ||||||
| 19 | successor. When applicable, "client agency" may also include | ||||||
| 20 | any other public agency to which the Department provides | ||||||
| 21 | service to the extent specified in an interagency contract with | ||||||
| 22 | the public agency. | ||||||
| 23 | "Dedicated unit" means the dedicated bureau, division, | ||||||
| 24 | office, or other unit within a transferring agency that is | ||||||
| |||||||
| |||||||
| 1 | responsible for the information technology functions of the | ||||||
| 2 | transferring agency. For the Office of the Governor, "dedicated | ||||||
| 3 | unit" means the Information Technology Office, also known as | ||||||
| 4 | the Office of the Chief Information Officer. For the Department | ||||||
| 5 | of Central Management Services, "dedicated unit" means the | ||||||
| 6 | Bureau of Communications and Computer Services, also known as | ||||||
| 7 | the Bureau of Information and Communication Services. | ||||||
| 8 | "Department" means the Department of Innovation and | ||||||
| 9 | Technology. | ||||||
| 10 | "Information technology" means technology, infrastructure, | ||||||
| 11 | equipment, systems, software, networks, and processes used to | ||||||
| 12 | create, send, receive, and store electronic or digital | ||||||
| 13 | information, including, without limitation, computer systems | ||||||
| 14 | and telecommunication services and systems. "Information | ||||||
| 15 | technology" shall be construed broadly to incorporate future | ||||||
| 16 | technologies (such as sensors and balanced private hybrid or | ||||||
| 17 | public cloud posture tailored to the mission of the agency) | ||||||
| 18 | that change or supplant those in effect as of the effective | ||||||
| 19 | date of this Act. | ||||||
| 20 | "Information technology functions" means the development, | ||||||
| 21 | procurement, installation, retention, maintenance, operation, | ||||||
| 22 | possession, storage, and related functions of all information | ||||||
| 23 | technology. | ||||||
| 24 | "Information Technology Office" means the Information | ||||||
| 25 | Technology Office, also known as the Office of the Chief | ||||||
| 26 | Information Officer, within the Office of the Governor, created | ||||||
| |||||||
| |||||||
| 1 | by Executive Order 1999-05, or its successor. | ||||||
| 2 | "Legacy information technology division" means any | ||||||
| 3 | division, bureau, or other unit of a transferring agency which | ||||||
| 4 | has responsibility for information technology functions for | ||||||
| 5 | the agency prior to the transfer of those functions to the | ||||||
| 6 | Department, including, without limitation, the Bureau of | ||||||
| 7 | Communications and Computer Services. | ||||||
| 8 | "Secretary" means the Secretary of Innovation and | ||||||
| 9 | Technology. | ||||||
| 10 | "State agency" means each State agency, department, board, | ||||||
| 11 | and commission directly responsible to the Governor. | ||||||
| 12 | "Transferring agency" means the Department on Aging; the | ||||||
| 13 | Departments of Agriculture, Central Management Services, | ||||||
| 14 | Children and Family Services, Commerce and Economic | ||||||
| 15 | Opportunity, Corrections, Employment Security, Financial and | ||||||
| 16 | Professional Regulation, Healthcare and Family Services, Human | ||||||
| 17 | Rights, Human Services, Insurance, Juvenile Justice, Labor, | ||||||
| 18 | Lottery, Military Affairs, Natural Resources, Public Health, | ||||||
| 19 | Revenue, State Police, Transportation, and Veterans' Affairs; | ||||||
| 20 | the Illinois State Police; the Capital Development Board; the | ||||||
| 21 | Deaf and Hard of Hearing Commission; the Environmental | ||||||
| 22 | Protection Agency; the Governor's Office of Management and | ||||||
| 23 | Budget; the Guardianship and Advocacy Commission; the Historic | ||||||
| 24 | Preservation Agency; the Illinois Arts Council; the Illinois | ||||||
| 25 | Council on Developmental Disabilities; the Illinois Emergency | ||||||
| 26 | Management Agency; the Illinois Gaming Board; the Illinois | ||||||
| |||||||
| |||||||
| 1 | Health Information Exchange Authority; the Illinois Liquor | ||||||
| 2 | Control Commission; the Illinois Technology Office; the Office | ||||||
| 3 | of the State Fire Marshal; and the Prisoner Review Board. | ||||||
| 4 | "Transferring agency" does not include a State constitutional | ||||||
| 5 | office, the Office of the Executive Inspector General, or any | ||||||
| 6 | office of the legislative or judicial branches of State | ||||||
| 7 | government.
| ||||||
| 8 | (Source: P.A. 100-611, eff. 7-20-18; 100-1169, eff. 1-4-19.)
| ||||||
| 9 | Section 155. The Department of Labor Law of the
Civil | ||||||
| 10 | Administrative Code of Illinois is amended by changing Section | ||||||
| 11 | 1505-200 as follows:
| ||||||
| 12 | (20 ILCS 1505/1505-200) (was 20 ILCS 1505/43.21)
| ||||||
| 13 | Sec. 1505-200. Criminal history record information. | ||||||
| 14 | Whenever
the Department is
authorized or required by law to | ||||||
| 15 | consider some aspect of criminal history
record information for | ||||||
| 16 | the purpose of carrying out its statutory powers and
| ||||||
| 17 | responsibilities, then, upon request and payment of fees in | ||||||
| 18 | conformance
with the requirements of Section 2605-400 of
the | ||||||
| 19 | Illinois Department of State Police Law (20 ILCS | ||||||
| 20 | 2605/2605-400), the Illinois Department of State Police is
| ||||||
| 21 | authorized to furnish, pursuant to positive identification, | ||||||
| 22 | any
information contained in State files that is necessary to | ||||||
| 23 | fulfill
the
request.
| ||||||
| 24 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| |||||||
| |||||||
| 1 | Section 160. The Illinois Lottery Law is amended by | ||||||
| 2 | changing Sections 10.4 and 21.10 as follows:
| ||||||
| 3 | (20 ILCS 1605/10.4) (from Ch. 120, par. 1160.4)
| ||||||
| 4 | Sec. 10.4.
Every person who shall violate the provisions of | ||||||
| 5 | Section
10.3, or who does not segregate and keep separate and | ||||||
| 6 | apart from all other
funds and assets, all proceeds from the | ||||||
| 7 | sale of lottery tickets
received by a person in the capacity of | ||||||
| 8 | a sales agent,
shall upon conviction thereof be guilty of a | ||||||
| 9 | Class 4 felony. The
provisions of this Section shall be | ||||||
| 10 | enforced by the Illinois Department of State Police and | ||||||
| 11 | prosecuted by the Attorney General.
| ||||||
| 12 | (Source: P.A. 85-183; 86-1475.)
| ||||||
| 13 | (20 ILCS 1605/21.10) | ||||||
| 14 | Sec. 21.10. Scratch-off for State police memorials. | ||||||
| 15 | (a) The Department shall offer a special instant | ||||||
| 16 | scratch-off game for the benefit of State police memorials. The | ||||||
| 17 | game shall commence on January 1, 2019 or as soon thereafter, | ||||||
| 18 | at the discretion of the Director, as is reasonably practical. | ||||||
| 19 | The operation of the game shall be governed by this Act and any | ||||||
| 20 | rules adopted by the Department. If any provision of this | ||||||
| 21 | Section is inconsistent with any other provision of this Act, | ||||||
| 22 | then this Section governs. | ||||||
| 23 | (b) The net revenue from the State police memorials | ||||||
| |||||||
| |||||||
| 1 | scratch-off game shall be deposited into the Criminal Justice | ||||||
| 2 | Information Projects Fund and distributed equally, as soon as | ||||||
| 3 | practical but at least on a monthly basis, to the Chicago | ||||||
| 4 | Police Memorial Foundation Fund, the Police Memorial Committee | ||||||
| 5 | Fund, and the Illinois State Police Memorial Park Fund. Moneys | ||||||
| 6 | transferred to the funds under this Section shall be used, | ||||||
| 7 | subject to appropriation, to fund grants for building and | ||||||
| 8 | maintaining memorials and parks; holding annual memorial | ||||||
| 9 | commemorations; giving scholarships to children of officers | ||||||
| 10 | killed or catastrophically injured in the line of duty, or | ||||||
| 11 | those interested in pursuing a career in law enforcement; | ||||||
| 12 | providing financial assistance to police officers and their | ||||||
| 13 | families when a police officer is killed or injured in the line | ||||||
| 14 | of duty; and providing financial assistance to officers for the | ||||||
| 15 | purchase or replacement of bulletproof vests to be used in the | ||||||
| 16 | line of duty. | ||||||
| 17 | For purposes of this subsection, "net revenue" means the | ||||||
| 18 | total amount for which tickets have been sold less the sum of | ||||||
| 19 | the amount paid out in the prizes and the actual administrative | ||||||
| 20 | expenses of the Department solely related to the scratch-off | ||||||
| 21 | game under this Section. | ||||||
| 22 | (c) During the time that tickets are sold for the State | ||||||
| 23 | police memorials scratch-off game, the Department shall not | ||||||
| 24 | unreasonably diminish the efforts devoted to marketing any | ||||||
| 25 | other instant scratch-off lottery game. | ||||||
| 26 | (d) The Department may adopt any rules necessary to | ||||||
| |||||||
| |||||||
| 1 | implement and administer the provisions of this Section.
| ||||||
| 2 | (Source: P.A. 100-647, eff. 7-30-18; 101-81, eff. 7-12-19.)
| ||||||
| 3 | Section 165. The Mental Health and Developmental | ||||||
| 4 | Disabilities Administrative Act is amended by changing Section | ||||||
| 5 | 4.2 as follows:
| ||||||
| 6 | (20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2)
| ||||||
| 7 | Sec. 4.2. Facility staff.
| ||||||
| 8 | (a) The Department shall describe and
delineate guidelines | ||||||
| 9 | for each of the facilities it operates regarding the
number and | ||||||
| 10 | qualifications of the staff required to carry out prescribed
| ||||||
| 11 | duties. The guidelines shall be based on consideration of | ||||||
| 12 | recipient needs
as well as professional and programmatic | ||||||
| 13 | requirements, including those
established for purposes of | ||||||
| 14 | national accreditation and for certification
under Titles | ||||||
| 15 | XVIII and XIX of the federal Social Security Act.
| ||||||
| 16 | (b) As used in this Section, "direct care position" means | ||||||
| 17 | any
position with the Department in which the job titles which
| ||||||
| 18 | will regularly or temporarily entail contact with recipients in | ||||||
| 19 | the
Department's facilities for persons with a mental illness | ||||||
| 20 | or a developmental
disability.
| ||||||
| 21 | (c) The Department shall require that each candidate for | ||||||
| 22 | employment in a
direct
care position, as a condition of | ||||||
| 23 | employment, shall submit to
a fingerprint-based criminal | ||||||
| 24 | background investigation
to
determine whether the candidate | ||||||
| |||||||
| |||||||
| 1 | for employment in a direct care position has
ever been charged | ||||||
| 2 | with a
crime
and, if
so, the disposition of those charges. This | ||||||
| 3 | authorization shall indicate the
scope of the
inquiry and the | ||||||
| 4 | agencies which may be contacted. Upon this authorization, the
| ||||||
| 5 | Director
(or, on or after July 1, 1997, the Secretary) shall | ||||||
| 6 | request and receive
information and assistance from any | ||||||
| 7 | federal,
State or local governmental agency as part of the | ||||||
| 8 | authorized investigation.
The Illinois Department of State | ||||||
| 9 | Police shall provide information
concerning any criminal | ||||||
| 10 | charges, and their disposition, now or hereafter filed
against | ||||||
| 11 | a candidate for employment in a direct care position upon | ||||||
| 12 | request of
the Department when the request
is made in the form | ||||||
| 13 | and manner
required by the Illinois Department of State Police.
| ||||||
| 14 | Information concerning convictions of a candidate for | ||||||
| 15 | employment in a direct
care position investigated
under this
| ||||||
| 16 | Section, including the source of the information and any | ||||||
| 17 | conclusions or
recommendations derived from the information, | ||||||
| 18 | shall be provided, upon request,
to
the candidate for | ||||||
| 19 | employment in a direct care position before final action by
the | ||||||
| 20 | Department on the application.
Information on convictions of
a | ||||||
| 21 | candidate for employment in a direct care
position under this | ||||||
| 22 | Act shall be provided to the director of the employing
unit, | ||||||
| 23 | and,
upon request, to the candidate for employment in a direct | ||||||
| 24 | care position. Any
information
concerning
criminal charges and | ||||||
| 25 | the disposition of those charges obtained by the
Department | ||||||
| 26 | shall
be confidential and may not be transmitted outside the | ||||||
| |||||||
| |||||||
| 1 | Department, except as
required
in this Act, and may not be | ||||||
| 2 | transmitted to anyone within the Department except
as
needed
| ||||||
| 3 | for the purpose of evaluating an application of a candidate for | ||||||
| 4 | employment in a
direct care
position.
Only information and | ||||||
| 5 | standards which bear a reasonable and rational relation to
the
| ||||||
| 6 | performance of a direct care position shall be used by the | ||||||
| 7 | Department. Any
employee
of the Department or the
Illinois | ||||||
| 8 | Department of State Police receiving confidential information | ||||||
| 9 | under this Section who gives
or
causes to be given any | ||||||
| 10 | confidential information concerning any criminal
convictions | ||||||
| 11 | of
a candidate for employment in a direct care position shall | ||||||
| 12 | be guilty of a Class
A
misdemeanor unless
release of the | ||||||
| 13 | information is authorized by this Section.
| ||||||
| 14 | A Department employing unit may hire, on a probationary | ||||||
| 15 | basis, any candidate
for employment in a
direct care position, | ||||||
| 16 | authorizing a criminal background investigation under
this
| ||||||
| 17 | Section, pending the result of the investigation. A candidate | ||||||
| 18 | for employment
in
a direct care position shall be notified
| ||||||
| 19 | before he or she is hired
that his or her employment may be | ||||||
| 20 | terminated on the basis of criminal
background
information | ||||||
| 21 | obtained by the employing unit.
| ||||||
| 22 | No person may be employed in a direct care position who | ||||||
| 23 | refuses to authorize
an investigation as required by this | ||||||
| 24 | subsection (c).
| ||||||
| 25 | (Source: P.A. 92-218, eff. 1-1-02.)
| ||||||
| |||||||
| |||||||
| 1 | Section 170. The Department of Human Services (Mental | ||||||
| 2 | Health and Developmental
Disabilities) Law of the Civil | ||||||
| 3 | Administrative Code of Illinois is amended by changing Section | ||||||
| 4 | 1710-75 as follows:
| ||||||
| 5 | (20 ILCS 1710/1710-75) (was 20 ILCS 1710/53 in part)
| ||||||
| 6 | Sec. 1710-75. Criminal history record information. | ||||||
| 7 | Whenever the
Department is authorized or
required by law to | ||||||
| 8 | consider some aspect of criminal history record
information for | ||||||
| 9 | the purpose of carrying out its statutory powers and
| ||||||
| 10 | responsibilities, then, upon request and payment of fees in | ||||||
| 11 | conformance
with the requirements of Section 2605-400 of
the | ||||||
| 12 | Illinois Department of State Police Law (20 ILCS | ||||||
| 13 | 2605/2605-400), the Illinois Department of State Police is
| ||||||
| 14 | authorized to furnish, pursuant to positive identification, | ||||||
| 15 | the
information contained in State files that is necessary to | ||||||
| 16 | fulfill
the request.
| ||||||
| 17 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 18 | Section 175. The Department of Natural Resources (Mines and | ||||||
| 19 | Minerals)
Law of the Civil Administrative Code of Illinois is | ||||||
| 20 | amended by changing Section 1905-150 as follows:
| ||||||
| 21 | (20 ILCS 1905/1905-150) (was 20 ILCS 1905/45 in part)
| ||||||
| 22 | Sec. 1905-150. Criminal history record information. | ||||||
| 23 | Whenever the
Department
is authorized or
required by law to | ||||||
| |||||||
| |||||||
| 1 | consider some aspect of criminal history record
information for | ||||||
| 2 | the purpose of carrying out its statutory powers and
| ||||||
| 3 | responsibilities, then upon request and payment of fees in | ||||||
| 4 | conformance with
the requirements of Section 2605-400 of the
| ||||||
| 5 | Illinois Department of State Police Law (20 ILCS | ||||||
| 6 | 2605/2605-400), the Illinois Department of State Police is
| ||||||
| 7 | authorized to furnish, pursuant to positive identification, | ||||||
| 8 | the
information contained in State files that is necessary to | ||||||
| 9 | fulfill
the request.
| ||||||
| 10 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 11 | Section 180. The Department of Professional Regulation Law | ||||||
| 12 | of the
Civil Administrative Code of Illinois is amended by | ||||||
| 13 | changing Sections 2105-15 and 2105-20 as follows:
| ||||||
| 14 | (20 ILCS 2105/2105-15)
| ||||||
| 15 | Sec. 2105-15. General powers and duties.
| ||||||
| 16 | (a) The Department has, subject to the provisions of the | ||||||
| 17 | Civil
Administrative Code of Illinois, the following powers and | ||||||
| 18 | duties:
| ||||||
| 19 | (1) To authorize examinations in English to ascertain | ||||||
| 20 | the qualifications
and fitness of applicants to exercise | ||||||
| 21 | the profession, trade, or occupation for
which the | ||||||
| 22 | examination is held.
| ||||||
| 23 | (2) To prescribe rules and regulations for a fair and | ||||||
| 24 | wholly
impartial method of examination of candidates to | ||||||
| |||||||
| |||||||
| 1 | exercise the respective
professions, trades, or | ||||||
| 2 | occupations.
| ||||||
| 3 | (3) To pass upon the qualifications of applicants for | ||||||
| 4 | licenses,
certificates, and authorities, whether by | ||||||
| 5 | examination, by reciprocity, or by
endorsement.
| ||||||
| 6 | (4) To prescribe rules and regulations defining, for | ||||||
| 7 | the
respective
professions, trades, and occupations, what | ||||||
| 8 | shall constitute a school,
college, or university, or | ||||||
| 9 | department of a university, or other
institution, | ||||||
| 10 | reputable and in good standing, and to determine the
| ||||||
| 11 | reputability and good standing of a school, college, or | ||||||
| 12 | university, or
department of a university, or other | ||||||
| 13 | institution, reputable and in good
standing, by reference | ||||||
| 14 | to a compliance with those rules and regulations;
provided, | ||||||
| 15 | that no school, college, or university, or department of a
| ||||||
| 16 | university, or other institution that refuses admittance | ||||||
| 17 | to applicants
solely on account of race, color, creed, sex, | ||||||
| 18 | sexual orientation, or national origin shall be
considered | ||||||
| 19 | reputable and in good standing.
| ||||||
| 20 | (5) To conduct hearings on proceedings to revoke, | ||||||
| 21 | suspend, refuse to
renew, place on probationary status, or | ||||||
| 22 | take other disciplinary action
as authorized in any | ||||||
| 23 | licensing Act administered by the Department
with regard to | ||||||
| 24 | licenses, certificates, or authorities of persons
| ||||||
| 25 | exercising the respective professions, trades, or | ||||||
| 26 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
| |||||||
| |||||||
| 1 | on probationary status, or take
other disciplinary action | ||||||
| 2 | as authorized in any licensing Act
administered by the | ||||||
| 3 | Department with regard to those licenses,
certificates, or | ||||||
| 4 | authorities. | ||||||
| 5 | The Department shall issue a monthly
disciplinary | ||||||
| 6 | report. | ||||||
| 7 | The Department shall refuse to issue or renew a license | ||||||
| 8 | to,
or shall suspend or revoke a license of, any person | ||||||
| 9 | who, after receiving
notice, fails to comply with a | ||||||
| 10 | subpoena or warrant relating to a paternity or
child | ||||||
| 11 | support proceeding. However, the Department may issue a | ||||||
| 12 | license or
renewal upon compliance with the subpoena or | ||||||
| 13 | warrant.
| ||||||
| 14 | The Department, without further process or hearings, | ||||||
| 15 | shall revoke, suspend,
or deny any license or renewal | ||||||
| 16 | authorized by the Civil Administrative Code of
Illinois to | ||||||
| 17 | a person who is certified by the Department of Healthcare | ||||||
| 18 | and Family Services (formerly Illinois Department of | ||||||
| 19 | Public Aid)
as being more than 30 days delinquent in | ||||||
| 20 | complying with a child support order
or who is certified by | ||||||
| 21 | a court as being in violation of the Non-Support
Punishment | ||||||
| 22 | Act for more than 60 days. The Department may, however, | ||||||
| 23 | issue a
license or renewal if the person has established a | ||||||
| 24 | satisfactory repayment
record as determined by the | ||||||
| 25 | Department of Healthcare and Family Services (formerly
| ||||||
| 26 | Illinois Department of Public Aid) or if the person
is | ||||||
| |||||||
| |||||||
| 1 | determined by the court to be in compliance with the | ||||||
| 2 | Non-Support Punishment
Act. The Department may implement | ||||||
| 3 | this paragraph as added by Public Act 89-6
through the use | ||||||
| 4 | of emergency rules in accordance with Section 5-45 of the
| ||||||
| 5 | Illinois Administrative Procedure Act. For purposes of the | ||||||
| 6 | Illinois
Administrative Procedure Act, the adoption of | ||||||
| 7 | rules to implement this
paragraph shall be considered an | ||||||
| 8 | emergency and necessary for the public
interest, safety, | ||||||
| 9 | and welfare.
| ||||||
| 10 | (6) To transfer jurisdiction of any realty under the | ||||||
| 11 | control of the
Department to any other department of the | ||||||
| 12 | State Government or to acquire
or accept federal lands when | ||||||
| 13 | the transfer, acquisition, or acceptance is
advantageous | ||||||
| 14 | to the State and is approved in writing by the Governor.
| ||||||
| 15 | (7) To formulate rules and regulations necessary for | ||||||
| 16 | the enforcement of
any Act administered by the Department.
| ||||||
| 17 | (8) To exchange with the Department of Healthcare and | ||||||
| 18 | Family Services information
that may be necessary for the | ||||||
| 19 | enforcement of child support orders entered
pursuant to the | ||||||
| 20 | Illinois Public Aid Code, the Illinois Marriage and | ||||||
| 21 | Dissolution
of Marriage Act, the Non-Support of Spouse and | ||||||
| 22 | Children Act, the Non-Support
Punishment Act, the Revised | ||||||
| 23 | Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||||||
| 24 | Interstate Family Support Act, the Illinois Parentage Act | ||||||
| 25 | of 1984, or the Illinois Parentage Act of 2015.
| ||||||
| 26 | Notwithstanding any provisions in this Code to the | ||||||
| |||||||
| |||||||
| 1 | contrary, the Department of
Professional Regulation shall | ||||||
| 2 | not be liable under any federal or State law to
any person | ||||||
| 3 | for any disclosure of information to the Department of | ||||||
| 4 | Healthcare and Family Services (formerly Illinois | ||||||
| 5 | Department of
Public Aid)
under this paragraph (8) or for | ||||||
| 6 | any other action taken in good faith
to comply with the | ||||||
| 7 | requirements of this paragraph (8).
| ||||||
| 8 | (8.3) To exchange information with the Department of | ||||||
| 9 | Human Rights regarding recommendations received under | ||||||
| 10 | paragraph (B) of Section 8-109 of the Illinois Human Rights | ||||||
| 11 | Act regarding a licensee or candidate for licensure who has | ||||||
| 12 | committed a civil rights violation that may lead to the | ||||||
| 13 | refusal, suspension, or revocation of a license from the | ||||||
| 14 | Department. | ||||||
| 15 | (8.5) To accept continuing education credit for | ||||||
| 16 | mandated reporter training on how to recognize and report | ||||||
| 17 | child abuse offered by the Department of Children and | ||||||
| 18 | Family Services and completed by any person who holds a | ||||||
| 19 | professional license issued by the Department and who is a | ||||||
| 20 | mandated reporter under the Abused and Neglected Child | ||||||
| 21 | Reporting Act. The Department shall adopt any rules | ||||||
| 22 | necessary to implement this paragraph. | ||||||
| 23 | (9) To perform other duties prescribed
by law.
| ||||||
| 24 | (a-5) Except in cases involving delinquency in complying | ||||||
| 25 | with a child support order or violation of the Non-Support | ||||||
| 26 | Punishment Act and notwithstanding anything that may appear in | ||||||
| |||||||
| |||||||
| 1 | any individual licensing Act or administrative rule, no person | ||||||
| 2 | or entity whose license, certificate, or authority has been | ||||||
| 3 | revoked as authorized in any licensing Act administered by the | ||||||
| 4 | Department may apply for restoration of that license, | ||||||
| 5 | certification, or authority until 3 years after the effective | ||||||
| 6 | date of the revocation. | ||||||
| 7 | (b) (Blank).
| ||||||
| 8 | (c) For the purpose of securing and preparing evidence, and | ||||||
| 9 | for the purchase
of controlled substances, professional | ||||||
| 10 | services, and equipment necessary for
enforcement activities, | ||||||
| 11 | recoupment of investigative costs, and other activities
| ||||||
| 12 | directed at suppressing the misuse and abuse of controlled | ||||||
| 13 | substances,
including those activities set forth in Sections | ||||||
| 14 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
| 15 | Director and agents appointed and authorized by
the Director | ||||||
| 16 | may expend sums from the Professional Regulation Evidence Fund
| ||||||
| 17 | that the Director deems necessary from the amounts appropriated | ||||||
| 18 | for that
purpose. Those sums may be advanced to the agent when | ||||||
| 19 | the Director deems that
procedure to be in the public interest. | ||||||
| 20 | Sums for the purchase of controlled
substances, professional | ||||||
| 21 | services, and equipment necessary for enforcement
activities | ||||||
| 22 | and other activities as set forth in this Section shall be | ||||||
| 23 | advanced
to the agent who is to make the purchase from the | ||||||
| 24 | Professional Regulation
Evidence Fund on vouchers signed by the | ||||||
| 25 | Director. The Director and those
agents are authorized to | ||||||
| 26 | maintain one or more commercial checking accounts with
any | ||||||
| |||||||
| |||||||
| 1 | State banking corporation or corporations organized under or | ||||||
| 2 | subject to the
Illinois Banking Act for the deposit and | ||||||
| 3 | withdrawal of moneys to be used for
the purposes set forth in | ||||||
| 4 | this Section; provided, that no check may be written
nor any | ||||||
| 5 | withdrawal made from any such account except upon the written
| ||||||
| 6 | signatures of 2 persons designated by the Director to write | ||||||
| 7 | those checks and
make those withdrawals. Vouchers for those | ||||||
| 8 | expenditures must be signed by the
Director. All such | ||||||
| 9 | expenditures shall be audited by the Director, and the
audit | ||||||
| 10 | shall be submitted to the Department of Central Management | ||||||
| 11 | Services for
approval.
| ||||||
| 12 | (d) Whenever the Department is authorized or required by | ||||||
| 13 | law to consider
some aspect of criminal history record | ||||||
| 14 | information for the purpose of carrying
out its statutory | ||||||
| 15 | powers and responsibilities, then, upon request and payment
of | ||||||
| 16 | fees in conformance with the requirements of Section 2605-400 | ||||||
| 17 | of the Illinois
Department of State Police Law (20 ILCS | ||||||
| 18 | 2605/2605-400), the Illinois Department of State
Police is | ||||||
| 19 | authorized to furnish, pursuant to positive identification, | ||||||
| 20 | the
information contained in State files that is necessary to | ||||||
| 21 | fulfill the request.
| ||||||
| 22 | (e) The provisions of this Section do not apply to private | ||||||
| 23 | business and
vocational schools as defined by Section 15 of the | ||||||
| 24 | Private Business and
Vocational Schools Act of 2012.
| ||||||
| 25 | (f) (Blank).
| ||||||
| 26 | (f-5) Notwithstanding anything that may appear in any | ||||||
| |||||||
| |||||||
| 1 | individual licensing statute or administrative rule, the | ||||||
| 2 | Department shall allow an applicant to provide his or her | ||||||
| 3 | individual taxpayer identification number as an alternative to | ||||||
| 4 | providing a social security number when applying for a license. | ||||||
| 5 | (g) Notwithstanding anything that may appear in any | ||||||
| 6 | individual licensing statute or administrative rule, the | ||||||
| 7 | Department shall deny any license application or renewal | ||||||
| 8 | authorized under any licensing Act administered by the | ||||||
| 9 | Department to any person who has failed to file a return, or to | ||||||
| 10 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
| 11 | to pay any final assessment of tax, penalty, or interest, as | ||||||
| 12 | required by any tax Act administered by the Illinois Department | ||||||
| 13 | of Revenue, until such time as the requirement of any such tax | ||||||
| 14 | Act are satisfied; however, the Department may issue a license | ||||||
| 15 | or renewal if the person has established a satisfactory | ||||||
| 16 | repayment record as determined by the Illinois Department of | ||||||
| 17 | Revenue. For the purpose of this Section, "satisfactory | ||||||
| 18 | repayment record" shall be defined by rule.
| ||||||
| 19 | In addition, a complaint filed with the Department by the | ||||||
| 20 | Illinois Department of Revenue that includes a certification, | ||||||
| 21 | signed by its Director or designee, attesting to the amount of | ||||||
| 22 | the unpaid tax liability or the years for which a return was | ||||||
| 23 | not filed, or both, is prima facie evidence of the licensee's | ||||||
| 24 | failure to comply with the tax laws administered by the | ||||||
| 25 | Illinois Department of Revenue. Upon receipt of that | ||||||
| 26 | certification, the Department shall, without a hearing, | ||||||
| |||||||
| |||||||
| 1 | immediately suspend all licenses held by the licensee. | ||||||
| 2 | Enforcement of the Department's order shall be stayed for 60 | ||||||
| 3 | days. The Department shall provide notice of the suspension to | ||||||
| 4 | the licensee by mailing a copy of the Department's order to the | ||||||
| 5 | licensee's address of record or emailing a copy of the order to | ||||||
| 6 | the licensee's email address of record. The notice shall advise | ||||||
| 7 | the licensee that the suspension shall be effective 60 days | ||||||
| 8 | after the issuance of the Department's order unless the | ||||||
| 9 | Department receives, from the licensee, a request for a hearing | ||||||
| 10 | before the Department to dispute the matters contained in the | ||||||
| 11 | order.
| ||||||
| 12 | Any suspension imposed under this subsection (g) shall be | ||||||
| 13 | terminated by the Department upon notification from the | ||||||
| 14 | Illinois Department of Revenue that the licensee is in | ||||||
| 15 | compliance with all tax laws administered by the Illinois | ||||||
| 16 | Department of Revenue.
| ||||||
| 17 | The Department may promulgate rules for the administration | ||||||
| 18 | of this subsection (g).
| ||||||
| 19 | (h) The Department may grant the title "Retired", to be | ||||||
| 20 | used immediately adjacent to the title of a profession | ||||||
| 21 | regulated by the Department, to eligible retirees. For | ||||||
| 22 | individuals licensed under the Medical Practice Act of 1987, | ||||||
| 23 | the title "Retired" may be used in the profile required by the | ||||||
| 24 | Patients' Right to Know Act. The use of the title "Retired" | ||||||
| 25 | shall not constitute representation of current licensure, | ||||||
| 26 | registration, or certification. Any person without an active | ||||||
| |||||||
| |||||||
| 1 | license, registration, or certificate in a profession that | ||||||
| 2 | requires licensure, registration, or certification shall not | ||||||
| 3 | be permitted to practice that profession. | ||||||
| 4 | (i) The Department shall make available on its website | ||||||
| 5 | general information explaining how the Department utilizes | ||||||
| 6 | criminal history information in making licensure application | ||||||
| 7 | decisions, including a list of enumerated offenses that serve | ||||||
| 8 | as a statutory bar to licensure. | ||||||
| 9 | (Source: P.A. 100-262, eff. 8-22-17; 100-863, eff. 8-14-18; | ||||||
| 10 | 100-872, eff. 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff. | ||||||
| 11 | 1-1-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20.)
| ||||||
| 12 | (20 ILCS 2105/2105-20) | ||||||
| 13 | Sec. 2105-20. Criminal history records checks. Licensees | ||||||
| 14 | or applicants applying for expedited licensure through an | ||||||
| 15 | interstate compact enacted into law by the General Assembly, | ||||||
| 16 | including, but not limited to, the Interstate Medical Licensure | ||||||
| 17 | Compact Act, who have designated Illinois as the principal | ||||||
| 18 | state of licensure for the purposes of the compact shall have | ||||||
| 19 | his or her fingerprints submitted to the Illinois Department of | ||||||
| 20 | State Police in an electronic format that complies with the | ||||||
| 21 | form and manner for requesting and furnishing criminal history | ||||||
| 22 | record information as prescribed by the Illinois Department of | ||||||
| 23 | State Police. These fingerprints shall be checked against the | ||||||
| 24 | Illinois Department of State Police and Federal Bureau of | ||||||
| 25 | Investigation criminal history record databases now and | ||||||
| |||||||
| |||||||
| 1 | hereafter filed. The Illinois Department of State Police shall | ||||||
| 2 | charge applicants or licensees a fee for conducting the | ||||||
| 3 | criminal history records check, which shall be deposited into | ||||||
| 4 | the State Police Services Fund and shall not exceed the actual | ||||||
| 5 | cost of the records check. The Illinois Department of State | ||||||
| 6 | Police shall furnish, pursuant to positive identification, | ||||||
| 7 | records of Illinois convictions to the Department. The | ||||||
| 8 | Department may require applicants or licensees to pay a | ||||||
| 9 | separate fingerprinting fee, either to the Department or to a | ||||||
| 10 | vendor designated or approved by the Department. The | ||||||
| 11 | Department, in its discretion, may allow an applicant or | ||||||
| 12 | licensee who does not have reasonable access to a designated | ||||||
| 13 | vendor to provide his or her fingerprints in an alternative | ||||||
| 14 | manner. The Department may adopt any rules necessary to | ||||||
| 15 | implement this Section. Communication between the Department | ||||||
| 16 | and an interstate compact governing body, including, but not | ||||||
| 17 | limited to, the Interstate Commission as defined in Section 180 | ||||||
| 18 | of the Interstate Medical Licensure Compact Act, may not | ||||||
| 19 | include information received from the Federal Bureau of | ||||||
| 20 | Investigation relating to a State and federal criminal history | ||||||
| 21 | records check.
| ||||||
| 22 | (Source: P.A. 100-230, eff. 8-18-17.)
| ||||||
| 23 | Section 185. The Department of Public Health Powers and | ||||||
| 24 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
| 25 | amended by changing Sections 2310-185 and 2310-376 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2310/2310-185) (was 20 ILCS 2310/55.51)
| ||||||
| 2 | Sec. 2310-185. Criminal history record information. | ||||||
| 3 | Whenever
the
Department is authorized
or required by law to | ||||||
| 4 | consider some aspect of criminal history record
information for | ||||||
| 5 | the purpose of carrying out its statutory powers and
| ||||||
| 6 | responsibilities, then, upon request and payment of fees in | ||||||
| 7 | conformance
with the requirements of Section 2605-400 of
the | ||||||
| 8 | Illinois Department of State Police Law (20 ILCS | ||||||
| 9 | 2605/2605-400), the Illinois Department of State Police is
| ||||||
| 10 | authorized to furnish, pursuant to positive identification, | ||||||
| 11 | the information
contained in State files that is necessary to | ||||||
| 12 | fulfill the request.
| ||||||
| 13 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 14 | (20 ILCS 2310/2310-376)
| ||||||
| 15 | Sec. 2310-376. Hepatitis education and outreach.
| ||||||
| 16 | (a) The Illinois General Assembly finds and declares the | ||||||
| 17 | following:
| ||||||
| 18 | (1) The World Health Organization characterizes | ||||||
| 19 | hepatitis as a disease
of
primary concern to humanity.
| ||||||
| 20 | (2) Hepatitis is considered a silent killer; no | ||||||
| 21 | recognizable signs or
symptoms occur until severe liver | ||||||
| 22 | damage has occurred.
| ||||||
| 23 | (3) Studies indicate that nearly 4 million Americans | ||||||
| 24 | (1.8 percent of the
population) carry the virus HCV that | ||||||
| |||||||
| |||||||
| 1 | causes the disease.
| ||||||
| 2 | (4) 30,000 acute new infections occur each year in the | ||||||
| 3 | United States,
and
only 25 to 30 percent are diagnosed.
| ||||||
| 4 | (5) 8,000 to 10,000 Americans die from the disease each | ||||||
| 5 | year.
| ||||||
| 6 | (6) 200,000 Illinois residents may be carriers and | ||||||
| 7 | could develop the
debilitating and potentially deadly | ||||||
| 8 | liver disease.
| ||||||
| 9 | (7) Inmates of correctional facilities have a higher | ||||||
| 10 | incidence of
hepatitis
and, upon their release, present a | ||||||
| 11 | significant health risk to the general
population.
| ||||||
| 12 | (8) Illinois members of the armed services are subject | ||||||
| 13 | to an increased risk of contracting hepatitis due to their | ||||||
| 14 | possible receipt of contaminated blood during a | ||||||
| 15 | transfusion occurring for the treatment of wounds and due | ||||||
| 16 | to their service in areas of the World where the disease is | ||||||
| 17 | more prevalent and healthcare is less capable of detecting | ||||||
| 18 | and treating the disease. Many of these service members are | ||||||
| 19 | unaware of the danger of hepatitis and their increased risk | ||||||
| 20 | of contracting the disease.
| ||||||
| 21 | (b) Subject to appropriation, the Department shall conduct | ||||||
| 22 | an education and
outreach campaign, in
addition to its overall | ||||||
| 23 | effort to prevent infectious disease in Illinois, in
order to
| ||||||
| 24 | raise awareness about and promote prevention of hepatitis.
| ||||||
| 25 | (c) Subject to appropriation, in addition to the education | ||||||
| 26 | and outreach campaign provided in subsection (b), the | ||||||
| |||||||
| |||||||
| 1 | Department shall develop and make available to physicians, | ||||||
| 2 | other health care providers, members of the armed services, and | ||||||
| 3 | other persons subject to an increased risk of contracting | ||||||
| 4 | hepatitis, educational materials, in written and electronic | ||||||
| 5 | forms, on the diagnosis, treatment, and prevention of the | ||||||
| 6 | disease. These materials shall include the recommendations of | ||||||
| 7 | the federal Centers for Disease Control and Prevention and any | ||||||
| 8 | other persons or entities determined by the Department to have | ||||||
| 9 | particular expertise on hepatitis, including the American | ||||||
| 10 | Liver Foundation. These materials shall be written in terms | ||||||
| 11 | that are understandable by members of the general public.
| ||||||
| 12 | (d) The Department shall establish an Advisory Council on | ||||||
| 13 | Hepatitis to develop a hepatitis prevention plan. The | ||||||
| 14 | Department shall specify the membership, members' terms, | ||||||
| 15 | provisions for removal of members, chairmen, and purpose of the | ||||||
| 16 | Advisory Council. The Advisory Council shall consist of one | ||||||
| 17 | representative from each of the following State agencies or | ||||||
| 18 | offices, appointed by the head of each agency or office:
| ||||||
| 19 | (1) The Department of Public Health.
| ||||||
| 20 | (2) The Department of Public Aid.
| ||||||
| 21 | (3) The Department of Corrections.
| ||||||
| 22 | (4) The Department of Veterans' Affairs.
| ||||||
| 23 | (5) The Department on Aging.
| ||||||
| 24 | (6) The Department of Human Services.
| ||||||
| 25 | (7) The Illinois Department of State Police.
| ||||||
| 26 | (8) The office of the State Fire Marshal.
| ||||||
| |||||||
| |||||||
| 1 | The Director shall appoint representatives of | ||||||
| 2 | organizations and advocates in the State of Illinois, | ||||||
| 3 | including, but not limited to, the American Liver Foundation. | ||||||
| 4 | The Director shall also appoint interested members of the | ||||||
| 5 | public, including consumers and providers of health services | ||||||
| 6 | and representatives of local public health agencies, to provide | ||||||
| 7 | recommendations and information to the members of the Advisory | ||||||
| 8 | Council. Members of the Advisory Council shall serve on a | ||||||
| 9 | voluntary, unpaid basis and are not entitled to reimbursement | ||||||
| 10 | for mileage or other costs they incur in connection with | ||||||
| 11 | performing their duties.
| ||||||
| 12 | (Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)
| ||||||
| 13 | Section 190. The Department of Revenue Law of the
Civil | ||||||
| 14 | Administrative Code of Illinois is amended by changing Section | ||||||
| 15 | 2505-675 as follows:
| ||||||
| 16 | (20 ILCS 2505/2505-675) (was 20 ILCS 2505/39b50)
| ||||||
| 17 | Sec. 2505-675.
Whenever the Department is
authorized or | ||||||
| 18 | required by law to consider some aspect of criminal
history | ||||||
| 19 | record information for the purpose of carrying out its | ||||||
| 20 | statutory
powers and responsibilities, then, upon request and | ||||||
| 21 | payment of fees in
conformance with the requirements of Section | ||||||
| 22 | 2605-400 of the Illinois Department of State Police Law (20 | ||||||
| 23 | ILCS 2605/2605-400), the Illinois Department of State Police is
| ||||||
| 24 | authorized to furnish, pursuant to positive identification, | ||||||
| |||||||
| |||||||
| 1 | the
information contained in State files that is necessary to | ||||||
| 2 | fulfill
the request.
| ||||||
| 3 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 4 | Section 195. The Department of State Police Law of the
| ||||||
| 5 | Civil Administrative Code of Illinois is amended by changing | ||||||
| 6 | the heading of Article 2605 and Sections 2605-1, 2605-5, | ||||||
| 7 | 2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, 2605-50, | ||||||
| 8 | 2605-52, 2605-54, 2605-55, 2605-75, 2605-190, 2605-200, | ||||||
| 9 | 2605-211, 2605-212, 2605-220, 2605-250, 2605-305, 2605-315, | ||||||
| 10 | 2605-320, 2605-325, 2605-327, 2605-330, 2605-335, 2605-340, | ||||||
| 11 | 2605-345, 2605-355, 2605-375, 2605-377, 2605-378, 2605-380, | ||||||
| 12 | 2605-400, 2605-405, 2605-407, 2605-410, 2605-420, 2605-475, | ||||||
| 13 | 2605-480, 2605-485, 2605-505, 2605-550, 2605-575, 2605-585, | ||||||
| 14 | 2605-590, 2605-595, 2605-600, 2605-605, and 2605-610 and by | ||||||
| 15 | adding Section 2605-51 as follows:
| ||||||
| 16 | (20 ILCS 2605/Art. 2605 heading) | ||||||
| 17 | ARTICLE 2605. ILLINOIS DEPARTMENT OF STATE POLICE
| ||||||
| 18 | (20 ILCS 2605/2605-1)
| ||||||
| 19 | Sec. 2605-1. Article short title. This Article 2605 of the | ||||||
| 20 | Civil
Administrative Code of Illinois may be cited as the | ||||||
| 21 | Illinois Department of State Police
Law (formerly the | ||||||
| 22 | Department of State Police
Law).
| ||||||
| 23 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2605/2605-5)
| ||||||
| 2 | Sec. 2605-5. Definitions. In this Law:
| ||||||
| 3 | "Department" means the Department of State Police.
| ||||||
| 4 | "Director" means the Director of the Illinois State Police. | ||||||
| 5 | "Missing endangered senior" means an individual 65 years of | ||||||
| 6 | age or older or a person with Alzheimer's disease or related | ||||||
| 7 | dementias who is reported missing to a law enforcement agency | ||||||
| 8 | and is, or is believed to be: | ||||||
| 9 | (1) a temporary or permanent resident of Illinois; | ||||||
| 10 | (2) at a location that cannot be determined by an | ||||||
| 11 | individual familiar with the missing individual; and | ||||||
| 12 | (3) incapable of returning to the individual's | ||||||
| 13 | residence without assistance.
| ||||||
| 14 | (Source: P.A. 96-442, eff. 1-1-10.)
| ||||||
| 15 | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
| ||||||
| 16 | Sec. 2605-10. Powers and duties, generally. | ||||||
| 17 | (a) The Illinois State Police shall exercise the rights, | ||||||
| 18 | powers, and duties that have been vested in the Illinois State | ||||||
| 19 | Police by the following: | ||||||
| 20 | The Illinois State Police Act. | ||||||
| 21 | The Illinois State Police Radio Act. | ||||||
| 22 | The Criminal Identification Act. | ||||||
| 23 | The Illinois Vehicle Code. | ||||||
| 24 | The Firearm Owners Identification Card Act. | ||||||
| |||||||
| |||||||
| 1 | The Firearm Concealed Carry Act. | ||||||
| 2 | The Gun Dealer Licensing Act. | ||||||
| 3 | The Intergovernmental Missing Child Recovery Act of 1984. | ||||||
| 4 | The Intergovernmental Drug Laws Enforcement Act. | ||||||
| 5 | The Narcotic Control Division Abolition Act. | ||||||
| 6 | (b) The Illinois State Police Department shall have the
| ||||||
| 7 | powers and duties set forth in the following Sections.
| ||||||
| 8 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, | ||||||
| 9 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 10 | eff. 8-14-98; 91-239, eff.
1-1-00.)
| ||||||
| 11 | (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
| ||||||
| 12 | Sec. 2605-25. Illinois State Police Department divisions. | ||||||
| 13 | (a) The Illinois State Police Department is divided into | ||||||
| 14 | the Office of the Statewide 9-1-1 Administrator, and the | ||||||
| 15 | following divisions: the Division of Patrol Operations, the | ||||||
| 16 | Division of Criminal Investigation, the Division of Forensic | ||||||
| 17 | Services, the Division of Justice Services, the Division of the | ||||||
| 18 | Academy and Training, and the Division of Internal | ||||||
| 19 | Investigation
Illinois State Police Academy, the Office of the | ||||||
| 20 | Statewide 9-1-1 Administrator, and 4 divisions:
the Division of | ||||||
| 21 | Operations,
the Division of Forensic Services, the Division of
| ||||||
| 22 | Justice Services, and the Division of Internal Investigation. | ||||||
| 23 | (b) The Office of the Director shall: | ||||||
| 24 | (1) Exercise the rights, powers, and duties vested in | ||||||
| 25 | the Illinois State Police Department by the Governor's | ||||||
| |||||||
| |||||||
| 1 | Office of Management and Budget Act. | ||||||
| 2 | (2) Exercise the rights, powers, and duties vested in | ||||||
| 3 | the Illinois State Police Department by the Personnel Code. | ||||||
| 4 | (3) Exercise the rights, powers, and duties vested in
| ||||||
| 5 | the Illinois State Police Department
by "An Act relating to | ||||||
| 6 | internal auditing in State government", approved
August | ||||||
| 7 | 11, 1967 (repealed; now the Fiscal Control and Internal | ||||||
| 8 | Auditing Act).
| ||||||
| 9 | (Source: P.A. 101-378, eff. 1-1-20.)
| ||||||
| 10 | (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
| ||||||
| 11 | Sec. 2605-30. Division of Patrol Operations (formerly | ||||||
| 12 | State Troopers). The
Division of Patrol Operations shall | ||||||
| 13 | exercise the following
functions and those in Section 2605-35:
| ||||||
| 14 | (1) Cooperate with federal and State authorities | ||||||
| 15 | requesting
utilization
of the Illinois State Police's | ||||||
| 16 | Department's radio network system under the Illinois | ||||||
| 17 | Aeronautics
Act.
| ||||||
| 18 | (2) Exercise the rights, powers, and duties of the | ||||||
| 19 | Illinois State
Police under the Illinois State Police Act.
| ||||||
| 20 | (3) (Blank) Exercise the rights, powers, and duties | ||||||
| 21 | vested by
law in the Department by the State Police Radio | ||||||
| 22 | Act.
| ||||||
| 23 | (4) Exercise the rights, powers, and duties of the | ||||||
| 24 | Illinois State Police Department vested by
law in the | ||||||
| 25 | Department and the Illinois State Police by the Illinois | ||||||
| |||||||
| |||||||
| 1 | Vehicle
Code.
| ||||||
| 2 | (5) Exercise other duties that have been or may be | ||||||
| 3 | vested by law in the
Illinois State Police.
| ||||||
| 4 | (6) Exercise other duties that may be assigned by the | ||||||
| 5 | Director in order to
fulfill the responsibilities and to | ||||||
| 6 | achieve the purposes of the Illinois State Police | ||||||
| 7 | Department.
| ||||||
| 8 | (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
| ||||||
| 9 | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
| ||||||
| 10 | Sec. 2605-35. Division of Operations (formerly Criminal
| ||||||
| 11 | Investigation). | ||||||
| 12 | (a) The Division of Criminal
Investigation Operations | ||||||
| 13 | shall exercise
the following functions and those in Section | ||||||
| 14 | 2605-30:
| ||||||
| 15 | (1) Exercise the rights, powers, and duties vested by
| ||||||
| 16 | law in the Illinois State Police Department by the Illinois | ||||||
| 17 | Horse Racing Act of 1975, including those set forth in | ||||||
| 18 | Section 2605-215.
| ||||||
| 19 | (2) Investigate the origins, activities, personnel, | ||||||
| 20 | and
incidents of crime and enforce the criminal laws of | ||||||
| 21 | this State related thereto.
| ||||||
| 22 | (3) Enforce all laws regulating the production, sale,
| ||||||
| 23 | prescribing, manufacturing, administering, transporting, | ||||||
| 24 | having in possession,
dispensing, delivering, | ||||||
| 25 | distributing, or use of controlled substances
and | ||||||
| |||||||
| |||||||
| 1 | cannabis.
| ||||||
| 2 | (4) Cooperate with the police of cities, villages, and
| ||||||
| 3 | incorporated towns and with the police officers of any | ||||||
| 4 | county in
enforcing the laws of the State and in making | ||||||
| 5 | arrests and recovering
property.
| ||||||
| 6 | (5) Apprehend and deliver up any person charged in this | ||||||
| 7 | State or any other
state with treason or a felony or other | ||||||
| 8 | crime who has fled from justice and is
found in this State.
| ||||||
| 9 | (6) Investigate recipients and providers under the | ||||||
| 10 | Illinois Public Aid
Code and any personnel involved in the | ||||||
| 11 | administration of the Code who are
suspected of any | ||||||
| 12 | violation of the Code pertaining to fraud in the
| ||||||
| 13 | administration, receipt, or provision of assistance and | ||||||
| 14 | pertaining to any
violation of criminal law; and exercise | ||||||
| 15 | the functions required under Section
2605-220 in the | ||||||
| 16 | conduct of those investigations.
| ||||||
| 17 | (7) Conduct other investigations as provided by law.
| ||||||
| 18 | (8) (Blank) Exercise the powers and perform the duties | ||||||
| 19 | that have been vested
in the Department by the Sex Offender | ||||||
| 20 | Registration Act and
the Sex Offender
Community | ||||||
| 21 | Notification Law; and
promulgate reasonable rules and | ||||||
| 22 | regulations necessitated thereby.
| ||||||
| 23 | (9) Exercise other duties that may be assigned by the | ||||||
| 24 | Director in order to
fulfill the responsibilities and | ||||||
| 25 | achieve the purposes of the Illinois State Police, which | ||||||
| 26 | may include the coordination of gang, terrorist, and | ||||||
| |||||||
| |||||||
| 1 | organized crime prevention, control activities, and | ||||||
| 2 | assisting local law enforcement in their crime control | ||||||
| 3 | activities Department.
| ||||||
| 4 | (b) (Blank) There is hereby established in the Division of | ||||||
| 5 | Operations the Office of Coordination of Gang Prevention, | ||||||
| 6 | hereafter
referred to as the Office.
| ||||||
| 7 | The Office shall consult with units of local government and | ||||||
| 8 | school
districts to assist them in gang control activities and | ||||||
| 9 | to administer a
system of grants to units of local government | ||||||
| 10 | and school districts that,
upon application, have demonstrated | ||||||
| 11 | a workable plan to reduce gang activity
in their area. The | ||||||
| 12 | grants shall not include reimbursement for personnel,
nor shall | ||||||
| 13 | they exceed 75% of the total request by any applicant. The | ||||||
| 14 | grants
may be calculated on a proportional basis, determined by | ||||||
| 15 | funds available to the
Department for this purpose. The | ||||||
| 16 | Department has the authority to promulgate
appropriate rules | ||||||
| 17 | and regulations to administer this program.
| ||||||
| 18 | The Office shall establish mobile units of trained | ||||||
| 19 | personnel to
respond to gang activities.
| ||||||
| 20 | The Office shall also consult with and use the services of | ||||||
| 21 | religious
leaders and other celebrities to assist in gang | ||||||
| 22 | control activities.
| ||||||
| 23 | The Office may sponsor seminars, conferences, or any other | ||||||
| 24 | educational
activity to assist communities in their gang crime | ||||||
| 25 | control activities.
| ||||||
| 26 | (Source: P.A. 94-945, eff. 6-27-06.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
| ||||||
| 2 | Sec. 2605-40. Division of Forensic Services. The Division | ||||||
| 3 | of
Forensic Services shall exercise the following functions:
| ||||||
| 4 | (1) (Blank).
| ||||||
| 5 | (2) Exercise the rights, powers, and duties vested by
| ||||||
| 6 | law in the Illinois State Police Department by Section | ||||||
| 7 | 2605-300 of this Law.
| ||||||
| 8 | (3) Provide assistance to local law enforcement | ||||||
| 9 | agencies
through training, management, and consultant | ||||||
| 10 | services.
| ||||||
| 11 | (4) (Blank).
| ||||||
| 12 | (5) Exercise other duties that may be assigned by the | ||||||
| 13 | Director in
order to fulfill the responsibilities and | ||||||
| 14 | achieve the purposes of the Illinois State Police
| ||||||
| 15 | Department.
| ||||||
| 16 | (6) Establish and operate a forensic science | ||||||
| 17 | laboratory system,
including a forensic toxicological | ||||||
| 18 | laboratory service, for the purpose of
testing specimens | ||||||
| 19 | submitted by coroners and other law enforcement officers
in | ||||||
| 20 | their efforts to determine whether alcohol, drugs, or | ||||||
| 21 | poisonous or other
toxic substances have been involved in | ||||||
| 22 | deaths, accidents, or illness.
Forensic toxicological | ||||||
| 23 | laboratories shall be established in Springfield,
Chicago, | ||||||
| 24 | and elsewhere in the State as needed.
| ||||||
| 25 | (6.5) Establish administrative rules in order to set | ||||||
| |||||||
| |||||||
| 1 | forth standardized requirements for the disclosure of | ||||||
| 2 | toxicology results and other relevant documents related to | ||||||
| 3 | a toxicological analysis. These administrative rules are | ||||||
| 4 | to be adopted to produce uniform and sufficient information | ||||||
| 5 | to allow a proper, well-informed determination of the | ||||||
| 6 | admissibility of toxicology evidence and to ensure that | ||||||
| 7 | this evidence is presented competently. These | ||||||
| 8 | administrative rules are designed to provide a minimum | ||||||
| 9 | standard for compliance of toxicology evidence and is not | ||||||
| 10 | intended to limit the production and discovery of material | ||||||
| 11 | information. These administrative rules shall be submitted | ||||||
| 12 | by the Department of State Police into the rulemaking | ||||||
| 13 | process under the Illinois Administrative Procedure Act on | ||||||
| 14 | or before June 30, 2017. | ||||||
| 15 | (7) Subject to specific appropriations made for these | ||||||
| 16 | purposes, establish
and coordinate a system for providing | ||||||
| 17 | accurate and expedited
forensic science and other | ||||||
| 18 | investigative and laboratory services to local law
| ||||||
| 19 | enforcement agencies and local State's Attorneys in aid of | ||||||
| 20 | the investigation
and trial of capital cases.
| ||||||
| 21 | (Source: P.A. 101-378, eff. 1-1-20.)
| ||||||
| 22 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
| ||||||
| 23 | Sec. 2605-45. Division of Justice Services. The Division of
| ||||||
| 24 | Justice Services shall exercise the
following functions:
| ||||||
| 25 | (1) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (2) Pursue research and the publication of studies | ||||||
| 2 | pertaining
to local
law enforcement activities.
| ||||||
| 3 | (3) (Blank).
| ||||||
| 4 | (4) Operate an electronic data processing and computer | ||||||
| 5 | center
for the
storage and retrieval of data pertaining to | ||||||
| 6 | criminal activity.
| ||||||
| 7 | (5) (Blank). Exercise the rights, powers, and duties | ||||||
| 8 | vested in
the former Division of
State Troopers by Section | ||||||
| 9 | 17 of the State Police
Act.
| ||||||
| 10 | (6) (Blank).
| ||||||
| 11 | (6.5) Exercise the rights, powers, and duties vested in | ||||||
| 12 | the Illinois State Police Department
by the Firearm Owners | ||||||
| 13 | Identification Card Act, the Firearm Concealed Carry Act, | ||||||
| 14 | and the Firearm Dealer License Certification Act.
| ||||||
| 15 | (7) Exercise other duties that may be assigned
by the | ||||||
| 16 | Director to
fulfill the responsibilities and achieve the | ||||||
| 17 | purposes of the Illinois State Police Department.
| ||||||
| 18 | (8) Exercise the rights, powers, and duties vested by | ||||||
| 19 | law in the Illinois State Police Department by the Criminal | ||||||
| 20 | Identification Act. | ||||||
| 21 | (9) Exercise the powers and perform the duties that | ||||||
| 22 | have been vested
in the Illinois State Police by the Sex | ||||||
| 23 | Offender Registration Act and
the Sex Offender
Community | ||||||
| 24 | Notification Law and
adopt reasonable rules necessitated | ||||||
| 25 | thereby. | ||||||
| 26 | (Source: P.A. 101-378, eff. 1-1-20.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
| ||||||
| 2 | Sec. 2605-50. Division of Internal Investigation. The | ||||||
| 3 | Division
of Internal Investigation shall initiate internal | ||||||
| 4 | Illinois State Police
departmental investigations and, at the | ||||||
| 5 | direction of the Governor,
investigate
complaints and initiate | ||||||
| 6 | investigations of official misconduct by State officers
and | ||||||
| 7 | State employees under the jurisdiction of the Governor.
| ||||||
| 8 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 9 | (20 ILCS 2605/2605-51 new) | ||||||
| 10 | Sec. 2605-51. Division of the Academy and Training. | ||||||
| 11 | (a) The Division of the Academy and Training shall | ||||||
| 12 | exercise, but not be limited to, the following functions: | ||||||
| 13 | (1) Oversee and operate the Illinois State Police | ||||||
| 14 | Training Academy. | ||||||
| 15 | (2) Train and prepare new officers for a career in law | ||||||
| 16 | enforcement, with innovative, quality training and | ||||||
| 17 | educational practices. | ||||||
| 18 | (3) Offer continuing training and educational programs | ||||||
| 19 | for Illinois State Police employees. | ||||||
| 20 | (4) Oversee the Illinois State Police's recruitment | ||||||
| 21 | initiatives. | ||||||
| 22 | (5) Oversee and operate the Illinois State Police's | ||||||
| 23 | quartermaster. | ||||||
| 24 | (6) Duties assigned to the Illinois State Police in | ||||||
| |||||||
| |||||||
| 1 | Article 5, Chapter 11 of the Illinois Vehicle Code | ||||||
| 2 | concerning testing. | ||||||
| 3 | (7) Duties assigned to the Illinois State Police in | ||||||
| 4 | Article 108B of the Code of Criminal Procedure. | ||||||
| 5 | (b) The Division of the Academy and Training shall exercise | ||||||
| 6 | the rights, powers, and duties vested in the former Division of | ||||||
| 7 | State Troopers by Section 17 of the Illinois State Police Act. | ||||||
| 8 | (c) Specialized training. | ||||||
| 9 | (1) Training; cultural diversity. The Division of the | ||||||
| 10 | Academy and Training shall provide training and continuing | ||||||
| 11 | education to State police officers concerning cultural | ||||||
| 12 | diversity, including sensitivity toward racial and ethnic | ||||||
| 13 | differences. This training and continuing education shall | ||||||
| 14 | include, but not be limited to, an emphasis on the fact | ||||||
| 15 | that the primary purpose of enforcement of the Illinois | ||||||
| 16 | Vehicle Code is safety and equal and uniform enforcement | ||||||
| 17 | under the law. | ||||||
| 18 | (2) Training; death and homicide investigations. The | ||||||
| 19 | Division of the Academy and Training shall provide training | ||||||
| 20 | in death and homicide investigation for State police | ||||||
| 21 | officers. Only State police officers who successfully | ||||||
| 22 | complete the training may be assigned as lead investigators | ||||||
| 23 | in death and homicide investigations. Satisfactory | ||||||
| 24 | completion of the training shall be evidenced by a | ||||||
| 25 | certificate issued to the officer by the Division of the | ||||||
| 26 | Academy and Training. The Director shall develop a process | ||||||
| |||||||
| |||||||
| 1 | for waiver applications for officers whose prior training | ||||||
| 2 | and experience as homicide investigators may qualify them | ||||||
| 3 | for a waiver. The Director may issue a waiver, at his or | ||||||
| 4 | her discretion, based solely on the prior training and | ||||||
| 5 | experience of an officer as a homicide investigator. | ||||||
| 6 | (3) Training; police dog training standards. All | ||||||
| 7 | police dogs used by the Illinois State Police for drug | ||||||
| 8 | enforcement purposes pursuant to the Cannabis Control Act, | ||||||
| 9 | the Illinois Controlled Substances Act, and the | ||||||
| 10 | Methamphetamine Control and Community Protection Act shall | ||||||
| 11 | be trained by programs that meet the certification | ||||||
| 12 | requirements set by the Director or the Director's | ||||||
| 13 | designee. Satisfactory completion of the training shall be | ||||||
| 14 | evidenced by a certificate issued by the Division of the | ||||||
| 15 | Academy and Training. | ||||||
| 16 | (4) Training; post-traumatic stress disorder. The | ||||||
| 17 | Division of the Academy and Training shall conduct or | ||||||
| 18 | approve a training program in post-traumatic stress | ||||||
| 19 | disorder for State police officers. The purpose of that | ||||||
| 20 | training shall be to equip State police officers to | ||||||
| 21 | identify the symptoms of post-traumatic stress disorder | ||||||
| 22 | and to respond appropriately to individuals exhibiting | ||||||
| 23 | those symptoms. | ||||||
| 24 | (5) Training; opioid antagonists. The Division of the | ||||||
| 25 | Academy and Training shall conduct or approve a training | ||||||
| 26 | program for State police officers in the administration of | ||||||
| |||||||
| |||||||
| 1 | opioid antagonists as defined in paragraph (1) of | ||||||
| 2 | subsection (e) of Section 5-23 of the Substance Use | ||||||
| 3 | Disorder Act that is in accordance with that Section. As | ||||||
| 4 | used in this Section, "State police officers" includes | ||||||
| 5 | full-time or part-time State police officers, | ||||||
| 6 | investigators, and any other employee of the Illinois State | ||||||
| 7 | Police exercising the powers of a peace officer. | ||||||
| 8 | (6) Training; sexual assault and sexual abuse. | ||||||
| 9 | (A) Every 3 years, the Division of the Academy and | ||||||
| 10 | Training shall present in-service training on sexual | ||||||
| 11 | assault and sexual abuse response and report writing | ||||||
| 12 | training requirements, including, but not limited to, | ||||||
| 13 | the following: | ||||||
| 14 | (i) recognizing the symptoms of trauma; | ||||||
| 15 | (ii) understanding the role trauma has played | ||||||
| 16 | in a victim's life; | ||||||
| 17 | (iii) responding to the needs and concerns of a | ||||||
| 18 | victim; | ||||||
| 19 | (iv) delivering services in a compassionate, | ||||||
| 20 | sensitive, and nonjudgmental manner; | ||||||
| 21 | (v) interviewing techniques in accordance with | ||||||
| 22 | the curriculum standards in this paragraph (6); | ||||||
| 23 | (vi) understanding cultural perceptions and | ||||||
| 24 | common myths of sexual assault and sexual abuse; | ||||||
| 25 | and | ||||||
| 26 | (vii) report writing techniques in accordance | ||||||
| |||||||
| |||||||
| 1 | with the curriculum standards in this paragraph | ||||||
| 2 | (6). | ||||||
| 3 | (B) This training must also be presented in all | ||||||
| 4 | full and part-time basic law enforcement academies. | ||||||
| 5 | (C) Instructors providing this training shall have | ||||||
| 6 | successfully completed training on evidence-based, | ||||||
| 7 | trauma-informed, victim-centered responses to cases of | ||||||
| 8 | sexual assault and sexual abuse and have experience | ||||||
| 9 | responding to sexual assault and sexual abuse cases. | ||||||
| 10 | (D) The Illinois State Police shall adopt rules, in | ||||||
| 11 | consultation with the Office of the Attorney General | ||||||
| 12 | and the Illinois Law Enforcement Training Standards | ||||||
| 13 | Board, to determine the specific training requirements | ||||||
| 14 | for these courses, including, but not limited to, the | ||||||
| 15 | following: | ||||||
| 16 | (i) evidence-based curriculum standards for | ||||||
| 17 | report writing and immediate response to sexual | ||||||
| 18 | assault and sexual abuse, including | ||||||
| 19 | trauma-informed, victim-centered interview | ||||||
| 20 | techniques, which have been demonstrated to | ||||||
| 21 | minimize retraumatization, for all State police | ||||||
| 22 | officers; and | ||||||
| 23 | (ii) evidence-based curriculum standards for | ||||||
| 24 | trauma-informed, victim-centered investigation and | ||||||
| 25 | interviewing techniques, which have been | ||||||
| 26 | demonstrated to minimize retraumatization, for | ||||||
| |||||||
| |||||||
| 1 | cases of sexual assault and sexual abuse for all | ||||||
| 2 | State police officers who conduct sexual assault | ||||||
| 3 | and sexual abuse investigations. | ||||||
| 4 | (7) Training; human trafficking. The Division of the | ||||||
| 5 | Academy and Training shall conduct or approve a training | ||||||
| 6 | program in the detection and investigation of all forms of | ||||||
| 7 | human trafficking, including, but not limited to, | ||||||
| 8 | involuntary servitude under subsection (b) of Section 10-9 | ||||||
| 9 | of the Criminal Code of 2012, involuntary sexual servitude | ||||||
| 10 | of a minor under subsection (c) of Section 10-9 of the | ||||||
| 11 | Criminal Code of 2012, and trafficking in persons under | ||||||
| 12 | subsection (d) of Section 10-9 of the Criminal Code of | ||||||
| 13 | 2012. This program shall be made available to all cadets | ||||||
| 14 | and State police officers. | ||||||
| 15 | (8) Training; hate crimes. The Division of the Academy | ||||||
| 16 | and Training shall provide training for State police | ||||||
| 17 | officers in identifying, responding to, and reporting all | ||||||
| 18 | hate crimes.
| ||||||
| 19 | (20 ILCS 2605/2605-52) | ||||||
| 20 | Sec. 2605-52. Office of the Statewide 9-1-1 Administrator. | ||||||
| 21 | (a) There shall be established an Office of the Statewide | ||||||
| 22 | 9-1-1 Administrator within the Illinois State Police | ||||||
| 23 | Department. Beginning January 1, 2016, the Office of the | ||||||
| 24 | Statewide 9-1-1 Administrator shall be responsible for | ||||||
| 25 | developing, implementing, and overseeing a uniform statewide | ||||||
| |||||||
| |||||||
| 1 | 9-1-1 system for all areas of the State outside of | ||||||
| 2 | municipalities having a population over 500,000. | ||||||
| 3 | (b) The Governor shall appoint, with the advice and consent | ||||||
| 4 | of the Senate, a Statewide 9-1-1 Administrator. The | ||||||
| 5 | Administrator shall serve for a term of 2 years, and until a | ||||||
| 6 | successor is appointed and qualified; except that the term of | ||||||
| 7 | the first 9-1-1 Administrator appointed under this Act shall | ||||||
| 8 | expire on the third Monday in January, 2017. The Administrator | ||||||
| 9 | shall not hold any other remunerative public office. The | ||||||
| 10 | Administrator shall receive an annual salary as set by the | ||||||
| 11 | Governor.
| ||||||
| 12 | (c) The Illinois State Police Department, from | ||||||
| 13 | appropriations made to it for that purpose, shall make grants | ||||||
| 14 | to 9-1-1 Authorities for the purpose of defraying costs | ||||||
| 15 | associated with 9-1-1 system consolidations awarded by the | ||||||
| 16 | Administrator under Section 15.4b of the Emergency Telephone | ||||||
| 17 | System Act. | ||||||
| 18 | (d) The Office of the Statewide 9-1-1 Administrator shall | ||||||
| 19 | exercise the rights, powers, and duties vested by law in the | ||||||
| 20 | Department by the State Police Radio Act. | ||||||
| 21 | (e) The Office of the Statewide 9-1-1 Administrator shall | ||||||
| 22 | also conduct the following communication activities: | ||||||
| 23 | (1) Acquire and operate one or more radio broadcasting | ||||||
| 24 | stations in the State to be used for police purposes. | ||||||
| 25 | (2) Operate a statewide communications network to | ||||||
| 26 | gather and disseminate information for law enforcement | ||||||
| |||||||
| |||||||
| 1 | agencies. | ||||||
| 2 | (3) Operate an electronic data processing and computer | ||||||
| 3 | center for the storage and retrieval of data pertaining to | ||||||
| 4 | criminal activity. | ||||||
| 5 | (4) Undertake other communication activities that may | ||||||
| 6 | be required by law. | ||||||
| 7 | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
| ||||||
| 8 | (20 ILCS 2605/2605-54) | ||||||
| 9 | Sec. 2605-54. Training policy; persons arrested while | ||||||
| 10 | under the influence of alcohol or drugs. The Illinois State | ||||||
| 11 | Police Department shall adopt a policy and provide training to | ||||||
| 12 | State Police officers concerning response and care for persons | ||||||
| 13 | under the influence of alcohol or drugs. The policy shall be | ||||||
| 14 | consistent with the Substance Use Disorder Act and shall | ||||||
| 15 | provide guidance for the arrest of persons under the influence | ||||||
| 16 | of alcohol or drugs, proper medical attention if warranted, and | ||||||
| 17 | care and release of those persons from custody. The policy | ||||||
| 18 | shall provide guidance concerning the release of persons | ||||||
| 19 | arrested under the influence of alcohol or drugs who are under | ||||||
| 20 | the age of 21 years of age which shall include, but not be | ||||||
| 21 | limited to, language requiring the arresting officer to make a | ||||||
| 22 | reasonable attempt to contact a responsible adult who is | ||||||
| 23 | willing to take custody of the person who is under the | ||||||
| 24 | influence of alcohol or drugs.
| ||||||
| 25 | (Source: P.A. 100-537, eff. 6-1-18; 100-759, eff. 1-1-19.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2605/2605-55)
| ||||||
| 2 | Sec. 2605-55. Badges. The Director must authorize to each | ||||||
| 3 | State trooper,
police
officer, and investigator and to any | ||||||
| 4 | other employee of the Illinois State Police Department
| ||||||
| 5 | exercising the
powers of a peace officer a distinct badge
that, | ||||||
| 6 | on its face, (i)
clearly states that
the badge is authorized by | ||||||
| 7 | the Illinois State Police Department and (ii) contains a unique
| ||||||
| 8 | identifying
number.
No other badge shall be authorized by
the | ||||||
| 9 | Illinois State Police Department.
| ||||||
| 10 | (Source: P.A. 91-883, eff. 1-1-01.)
| ||||||
| 11 | (20 ILCS 2605/2605-75) (was 20 ILCS 2605/55a in part)
| ||||||
| 12 | Sec. 2605-75. Bilingual police officers. The Illinois | ||||||
| 13 | State Police Department may ascertain the
number of bilingual
| ||||||
| 14 | police officers and other personnel needed to provide services | ||||||
| 15 | in a language
other than English and may establish, under | ||||||
| 16 | applicable personnel rules and Illinois State Police
| ||||||
| 17 | Department guidelines or through a collective bargaining | ||||||
| 18 | agreement, a bilingual
pay supplement program.
| ||||||
| 19 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, | ||||||
| 20 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 21 | eff. 8-14-98; 91-239;
1-1-00.)
| ||||||
| 22 | (20 ILCS 2605/2605-190) (was 20 ILCS 2605/55a in part)
| ||||||
| 23 | Sec. 2605-190. Other laws in relation to law enforcement. | ||||||
| |||||||
| |||||||
| 1 | To
enforce and administer other laws in relation to law
| ||||||
| 2 | enforcement to the extent that they vest any rights, powers, or | ||||||
| 3 | duties in the
Illinois State Police Department.
| ||||||
| 4 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 5 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 6 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 7 | (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
| ||||||
| 8 | Sec. 2605-200. Investigations of crime; enforcement of | ||||||
| 9 | laws; records; crime laboratories; personnel.
| ||||||
| 10 | (a) To do the following:
| ||||||
| 11 | (1) Investigate the origins, activities, personnel, | ||||||
| 12 | and
incidents of crime and the ways and means to redress | ||||||
| 13 | the victims of
crimes; study the impact, if any, of | ||||||
| 14 | legislation relative to the
effusion of crime and growing | ||||||
| 15 | crime rates; and enforce the criminal
laws
of this State | ||||||
| 16 | related thereto.
| ||||||
| 17 | (2) Enforce all laws regulating the
production, sale, | ||||||
| 18 | prescribing, manufacturing, administering,
transporting, | ||||||
| 19 | having in possession, dispensing, delivering,
| ||||||
| 20 | distributing, or use of controlled substances and | ||||||
| 21 | cannabis.
| ||||||
| 22 | (3) Employ
skilled experts, scientists, technicians, | ||||||
| 23 | investigators, or otherwise
specially qualified persons to | ||||||
| 24 | aid in preventing or detecting crime,
apprehending | ||||||
| 25 | criminals, or preparing and presenting evidence of
| ||||||
| |||||||
| |||||||
| 1 | violations of the criminal laws of the State.
| ||||||
| 2 | (4) Cooperate with the
police of cities, villages, and | ||||||
| 3 | incorporated towns and with the police
officers of any | ||||||
| 4 | county in enforcing the laws of the State and in making
| ||||||
| 5 | arrests and recovering property.
| ||||||
| 6 | (5) Apprehend and deliver up any person
charged in this | ||||||
| 7 | State or any other state of the United States with
treason | ||||||
| 8 | or a felony or other crime who has fled from
justice and is | ||||||
| 9 | found
in this State.
| ||||||
| 10 | (6) Conduct other investigations as
provided by law.
| ||||||
| 11 | (7) Be a central repository and custodian of criminal | ||||||
| 12 | statistics for the State. | ||||||
| 13 | (8) Be a central repository for criminal history record | ||||||
| 14 | information. | ||||||
| 15 | (9) Procure and file for record information that is | ||||||
| 16 | necessary and helpful to plan programs of crime prevention, | ||||||
| 17 | law enforcement, and criminal justice. | ||||||
| 18 | (10) Procure and file for record copies of fingerprints | ||||||
| 19 | that may be required by law. | ||||||
| 20 | (11) Establish general and field crime laboratories. | ||||||
| 21 | (12) Register and file for record information that may | ||||||
| 22 | be required by law for the issuance of firearm owner's | ||||||
| 23 | identification cards under the Firearm Owners | ||||||
| 24 | Identification Card Act and concealed carry licenses under | ||||||
| 25 | the Firearm Concealed Carry Act. | ||||||
| 26 | (13) Employ laboratory technicians and other specially | ||||||
| |||||||
| |||||||
| 1 | qualified persons to aid in the identification of criminal | ||||||
| 2 | activity, and may employ polygraph operators. | ||||||
| 3 | (14) Undertake other identification, information, | ||||||
| 4 | laboratory, statistical, or registration activities that | ||||||
| 5 | may be required by law. | ||||||
| 6 | (b) Persons exercising the powers set forth in
subsection | ||||||
| 7 | (a) within the Department
are conservators of the peace and as | ||||||
| 8 | such have all the powers possessed
by policemen in cities and | ||||||
| 9 | sheriffs, except that they may exercise those
powers anywhere | ||||||
| 10 | in the State in cooperation with and after contact with
the | ||||||
| 11 | local law enforcement officials. Those persons may use false
or
| ||||||
| 12 | fictitious names in the performance of their duties under this | ||||||
| 13 | Section,
upon approval of the Director, and shall not be | ||||||
| 14 | subject to prosecution
under the criminal laws for that use.
| ||||||
| 15 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 16 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 17 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 18 | (20 ILCS 2605/2605-211) | ||||||
| 19 | Sec. 2605-211. Protocol; methamphetamine; illegal | ||||||
| 20 | manufacture. | ||||||
| 21 | (a) The Illinois Department of State Police shall develop a | ||||||
| 22 | protocol to be followed in performing gross remediation of | ||||||
| 23 | clandestine laboratory sites not to exceed the standards | ||||||
| 24 | established by the United States Drug Enforcement | ||||||
| 25 | Administration. | ||||||
| |||||||
| |||||||
| 1 | (b) "Gross remediation" means the removal of any and all | ||||||
| 2 | identifiable clandestine laboratory ingredients and apparatus. | ||||||
| 3 | (c) The Illinois Department of State Police must post the | ||||||
| 4 | protocol on its official Web site.
| ||||||
| 5 | (Source: P.A. 94-555, eff. 8-12-05.)
| ||||||
| 6 | (20 ILCS 2605/2605-212) | ||||||
| 7 | Sec. 2605-212. Children; methamphetamine; protocol. The | ||||||
| 8 | Illinois State Police Department shall cooperate with the | ||||||
| 9 | Department of Children and Family Services and the State Board | ||||||
| 10 | of Education in developing the protocol required under Section | ||||||
| 11 | 6.5 of the Children and Family Services Act. The Illinois State | ||||||
| 12 | Police Department must post the protocol on the official Web | ||||||
| 13 | site maintained by the Illinois State Police Department.
| ||||||
| 14 | (Source: P.A. 94-554, eff. 1-1-06.)
| ||||||
| 15 | (20 ILCS 2605/2605-220) (was 20 ILCS 2605/55a-7)
| ||||||
| 16 | Sec. 2605-220. Public aid fraud investigations. The | ||||||
| 17 | Illinois State Police Department, through the
Division of | ||||||
| 18 | Criminal Investigation
Operations, shall investigate | ||||||
| 19 | recipients and
providers
under the Illinois Public Aid Code and | ||||||
| 20 | any
personnel involved in the administration of the Code
who | ||||||
| 21 | are suspected of any violations of the Code pertaining to
fraud | ||||||
| 22 | in the
administration, receipt, or provision of assistance and | ||||||
| 23 | pertaining to any
violation of criminal law. The Illinois State | ||||||
| 24 | Police Department shall, in addition to functions
otherwise | ||||||
| |||||||
| |||||||
| 1 | authorized by State and federal law, exercise the following
| ||||||
| 2 | functions:
| ||||||
| 3 | (1) Initiate investigations of suspected cases of | ||||||
| 4 | public
aid fraud.
| ||||||
| 5 | (2) Investigate cases of public aid fraud.
| ||||||
| 6 | (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
| ||||||
| 7 | (20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)
| ||||||
| 8 | Sec. 2605-250. Obtaining evidence. To expend the
sums the | ||||||
| 9 | Director deems necessary from contractual
services | ||||||
| 10 | appropriations for the Illinois State Police Division of | ||||||
| 11 | Operations for the
purchase of evidence and for the employment | ||||||
| 12 | of persons to obtain evidence.
The sums shall be advanced to | ||||||
| 13 | agents authorized by the Director to
expend
funds, on vouchers | ||||||
| 14 | signed by the Director.
| ||||||
| 15 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 16 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 17 | eff. 8-14-98;
91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
| ||||||
| 18 | (20 ILCS 2605/2605-305) (was 20 ILCS 2605/55a in part)
| ||||||
| 19 | Sec. 2605-305. Statewide Organized Criminal Gang Database | ||||||
| 20 | (SWORD). The Illinois State Police Department may establish and | ||||||
| 21 | maintain, within
the Illinois State Police Department, a | ||||||
| 22 | Statewide Organized Criminal Gang
Database
(SWORD) for the | ||||||
| 23 | purpose of tracking organized criminal gangs and their
| ||||||
| 24 | memberships. Information in the database may include, but not | ||||||
| |||||||
| |||||||
| 1 | be limited to,
the name, last known address, birth date, | ||||||
| 2 | physical descriptions (such as scars,
marks, or tattoos), | ||||||
| 3 | officer safety information, organized gang affiliation, and
| ||||||
| 4 | entering agency identifier. The Illinois State Police | ||||||
| 5 | Department may develop, in consultation with
the Criminal | ||||||
| 6 | Justice Information Authority, and in a form and manner | ||||||
| 7 | prescribed
by the Illinois State Police Department, an | ||||||
| 8 | automated data exchange system to compile, to maintain,
and to | ||||||
| 9 | make this information electronically available to prosecutors | ||||||
| 10 | and to
other law enforcement agencies. The information may be | ||||||
| 11 | used by authorized
agencies to combat the operations of | ||||||
| 12 | organized criminal gangs statewide.
| ||||||
| 13 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 14 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 15 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 16 | (20 ILCS 2605/2605-315) (was 20 ILCS 2605/55a in part)
| ||||||
| 17 | Sec. 2605-315.
Criminal history record information for | ||||||
| 18 | Department of
Children and Family Services. Upon the request of | ||||||
| 19 | the Department of
Children and Family Services,
the Illinois | ||||||
| 20 | Department of
State Police shall provide properly designated | ||||||
| 21 | employees of the Department of
Children and Family
Services | ||||||
| 22 | with criminal history record information as defined in the | ||||||
| 23 | Illinois
Uniform Conviction Information Act and information | ||||||
| 24 | maintained in the
statewide central juvenile records system as | ||||||
| 25 | defined in Section 2605-355 if the Department of Children and | ||||||
| |||||||
| |||||||
| 1 | Family Services
determines the
information
is necessary
to | ||||||
| 2 | perform its duties under the Abused and Neglected Child | ||||||
| 3 | Reporting
Act, the Child Care Act of 1969, and the Children and | ||||||
| 4 | Family Services Act.
The
request shall be in the form and
| ||||||
| 5 | manner
specified
by the Illinois Department of State Police.
| ||||||
| 6 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 7 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 8 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 9 | (20 ILCS 2605/2605-320)
| ||||||
| 10 | Sec. 2605-320.
Criminal history information for Department | ||||||
| 11 | of Human
Services. Upon request of the Department of Human | ||||||
| 12 | Services, to
conduct an
assessment and evaluation of sexually | ||||||
| 13 | violent persons as mandated by the
Sexually Violent Persons | ||||||
| 14 | Commitment Act, the Illinois State Police Department shall | ||||||
| 15 | furnish criminal
history information maintained on the | ||||||
| 16 | requested person. The request shall be
in the form and manner | ||||||
| 17 | specified by the Illinois State Police Department.
| ||||||
| 18 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 19 | eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 20 | eff.
8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 21 | (20 ILCS 2605/2605-325) (was 20 ILCS 2605/55a in part)
| ||||||
| 22 | Sec. 2605-325. Conviction information for school board or | ||||||
| 23 | regional
superintendent. On request of a school board or | ||||||
| 24 | regional
superintendent of schools,
to conduct a | ||||||
| |||||||
| |||||||
| 1 | fingerprint-based criminal history records check pursuant to | ||||||
| 2 | Section 10-21.9 or
34-18.5 of the School
Code. The Illinois | ||||||
| 3 | State Police Department shall furnish the
conviction | ||||||
| 4 | information to the president of the school board of the school
| ||||||
| 5 | district that has requested the information or, if the
| ||||||
| 6 | information was
requested by the regional superintendent, to | ||||||
| 7 | that regional superintendent.
| ||||||
| 8 | (Source: P.A. 93-909, eff. 8-12-04.)
| ||||||
| 9 | (20 ILCS 2605/2605-327) | ||||||
| 10 | Sec. 2605-327. Conviction and sex offender information for | ||||||
| 11 | medical school. Upon the inquiry of a medical school under the | ||||||
| 12 | Medical School Matriculant Criminal History Records Check Act, | ||||||
| 13 | to ascertain whether a matriculant of the medical school has | ||||||
| 14 | been convicted of any violent felony or has been adjudicated a | ||||||
| 15 | sex offender. | ||||||
| 16 | The Illinois State Police Department shall make sex | ||||||
| 17 | offender information available to the inquiring medical school | ||||||
| 18 | through the Statewide Sex Offender Database. Medical schools in | ||||||
| 19 | this State must conduct an inquiry into the Statewide Sex | ||||||
| 20 | Offender Database on all matriculants as part of the admissions | ||||||
| 21 | process. | ||||||
| 22 | Pursuant to the Medical School Matriculant Criminal | ||||||
| 23 | History Records Check Act, the Illinois State Police Department | ||||||
| 24 | shall conduct a fingerprint-based criminal history records | ||||||
| 25 | check of the Illinois criminal history records database and the | ||||||
| |||||||
| |||||||
| 1 | Federal Bureau of Investigation criminal history records | ||||||
| 2 | database upon the request of a public medical school. Pursuant | ||||||
| 3 | to the Medical School Matriculant Criminal History Records | ||||||
| 4 | Check Act, the Illinois State Police Department shall conduct a | ||||||
| 5 | fingerprint-based, Illinois Uniform Conviction Information Act | ||||||
| 6 | check of the Illinois criminal history records database upon | ||||||
| 7 | the request of a private medical school. The Illinois State | ||||||
| 8 | Police Department may charge the requesting public or private | ||||||
| 9 | medical school a fee for conducting the fingerprint-based | ||||||
| 10 | criminal history records check. The fee shall not exceed the | ||||||
| 11 | cost of the inquiry and shall be deposited into the State | ||||||
| 12 | Police Services Fund.
| ||||||
| 13 | (Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)
| ||||||
| 14 | (20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)
| ||||||
| 15 | Sec. 2605-330. Firefighter applicant criminal history | ||||||
| 16 | records checks. Upon
the request of the chief of a fire | ||||||
| 17 | department or the board of trustees of a fire protection | ||||||
| 18 | district, the Illinois State Police Department shall
conduct | ||||||
| 19 | fingerprint-based criminal history records checks of both | ||||||
| 20 | State and Federal Bureau of Investigation criminal history | ||||||
| 21 | record databases concerning prospective firefighters and
| ||||||
| 22 | report to the requesting chief or the board of trustees of a | ||||||
| 23 | fire protection district any conviction information about | ||||||
| 24 | those persons. The Illinois State Police Department may charge | ||||||
| 25 | the requesting chief or board of trustees a fee for conducting | ||||||
| |||||||
| |||||||
| 1 | the criminal history records check. The fee shall be deposited | ||||||
| 2 | into the State Police Services Fund and shall not exceed the | ||||||
| 3 | cost of the inquiry. The Illinois State Police Department may | ||||||
| 4 | prescribe the form and manner
for requesting and furnishing | ||||||
| 5 | conviction information under this Section.
| ||||||
| 6 | (Source: P.A. 92-16, eff. 6-28-01; 93-952, eff. 1-1-05.)
| ||||||
| 7 | (20 ILCS 2605/2605-335) (was 20 ILCS 2605/55a in part)
| ||||||
| 8 | Sec. 2605-335.
Conviction information for private child | ||||||
| 9 | services
organization. Upon the request of any private | ||||||
| 10 | organization
that devotes a major portion of its time to the | ||||||
| 11 | provision of
recreational, social, educational, or child | ||||||
| 12 | safety services to children, to
conduct, pursuant to positive | ||||||
| 13 | identification, criminal background
investigations of all of | ||||||
| 14 | that organization's current employees, current
volunteers, | ||||||
| 15 | prospective employees, or prospective volunteers
charged with | ||||||
| 16 | the care and custody of children during the provision of the
| ||||||
| 17 | organization's services, and to report to the requesting | ||||||
| 18 | organization
any record of convictions maintained in the | ||||||
| 19 | Illinois State Police's Department's files about those
| ||||||
| 20 | persons. The Illinois State Police Department shall charge an | ||||||
| 21 | application fee, based on actual
costs, for the dissemination | ||||||
| 22 | of conviction information pursuant to this
Section. The | ||||||
| 23 | Illinois State Police Department is empowered to establish this | ||||||
| 24 | fee
and shall
prescribe the form and manner for requesting and | ||||||
| 25 | furnishing conviction
information pursuant to this Section.
| ||||||
| |||||||
| |||||||
| 1 | Information received by the
organization from the Illinois | ||||||
| 2 | State Police Department concerning an individual shall be | ||||||
| 3 | provided
to the individual. Any such information obtained by | ||||||
| 4 | the
organization
shall be confidential and may not be | ||||||
| 5 | transmitted outside the organization
and may not be transmitted | ||||||
| 6 | to anyone within the organization except as
needed for the | ||||||
| 7 | purpose of evaluating the individual.
Only information and | ||||||
| 8 | standards that bear a reasonable and
rational
relation to the | ||||||
| 9 | performance of child care shall be used by the organization.
| ||||||
| 10 | Any employee of the Illinois State Police Department or any | ||||||
| 11 | member, employee, or volunteer of
the
organization receiving | ||||||
| 12 | confidential information under this Section who
gives or causes | ||||||
| 13 | to be given any confidential information concerning any
| ||||||
| 14 | criminal convictions of an individual shall be guilty of a | ||||||
| 15 | Class A
misdemeanor unless release of the information is | ||||||
| 16 | authorized by
this
Section.
| ||||||
| 17 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 18 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 19 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 20 | (20 ILCS 2605/2605-340) (was 20 ILCS 2605/55a in part)
| ||||||
| 21 | Sec. 2605-340.
Conviction information for private carrier | ||||||
| 22 | company under
Metropolitan Transit Authority Act. Upon the | ||||||
| 23 | request of a private
carrier company that provides
| ||||||
| 24 | transportation under Section 28b of the Metropolitan Transit | ||||||
| 25 | Authority Act,
to ascertain whether an applicant for a driver | ||||||
| |||||||
| |||||||
| 1 | position has been
convicted of
any criminal or drug offense | ||||||
| 2 | enumerated in that Section. The Illinois State Police | ||||||
| 3 | Department shall
furnish the conviction
information to the | ||||||
| 4 | private carrier company that requested the information.
| ||||||
| 5 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 6 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 7 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 8 | (20 ILCS 2605/2605-345) | ||||||
| 9 | Sec. 2605-345. Conviction information for financial | ||||||
| 10 | institutions. Upon the request of (i) an insured depository | ||||||
| 11 | institution, as defined by the Federal Deposit Insurance | ||||||
| 12 | Corporation Act, (ii) a depository institution holding | ||||||
| 13 | company, as defined by the Federal Deposit Insurance | ||||||
| 14 | Corporation Act, (iii) a foreign banking corporation, as | ||||||
| 15 | defined by the Foreign Banking Office Act, (iv) a corporate | ||||||
| 16 | fiduciary, as defined by the Corporate Fiduciary Act, (v) a | ||||||
| 17 | credit union, as defined in the Illinois Credit Union Act, or | ||||||
| 18 | (vi) a subsidiary of any entity listed in items (i) through (v) | ||||||
| 19 | of this Section (each such entity or subsidiary hereinafter | ||||||
| 20 | referred to as a "requesting institution"), to ascertain | ||||||
| 21 | whether any employee of the requesting institution, applicant | ||||||
| 22 | for employment by the requesting institution, or officer, | ||||||
| 23 | director, agent, institution-affiliated party, or any other | ||||||
| 24 | party who owns or controls, directly or indirectly, or | ||||||
| 25 | participates, directly or indirectly, in the affairs of the | ||||||
| |||||||
| |||||||
| 1 | requesting institution, has been convicted of a felony or of | ||||||
| 2 | any criminal offense relating to dishonesty, breach of trust, | ||||||
| 3 | or money laundering, the Illinois State Police Department shall | ||||||
| 4 | furnish the conviction information to the requesting | ||||||
| 5 | institution.
| ||||||
| 6 | (Source: P.A. 97-1120, eff. 1-1-13.)
| ||||||
| 7 | (20 ILCS 2605/2605-355) (was 20 ILCS 2605/55a in part)
| ||||||
| 8 | Sec. 2605-355.
Delinquent minors; statewide central | ||||||
| 9 | juvenile
records system. To develop a separate statewide
| ||||||
| 10 | central juvenile
records system for persons arrested prior to | ||||||
| 11 | the age of 17 under Section 5-401
of the Juvenile Court Act of | ||||||
| 12 | 1987 or
adjudicated delinquent minors and to make information | ||||||
| 13 | available to
local law enforcement
officers so that law | ||||||
| 14 | enforcement officers will be able to obtain rapid access
to the | ||||||
| 15 | background of the minor from other jurisdictions to the end | ||||||
| 16 | that the
juvenile police
officers can make appropriate | ||||||
| 17 | decisions that will best serve the
interest of the child and | ||||||
| 18 | the community.
The Illinois State Police Department shall | ||||||
| 19 | submit a quarterly report to the General Assembly and
Governor. | ||||||
| 20 | The report shall contain the number of juvenile records
that | ||||||
| 21 | the Illinois State Police Department
has received in that | ||||||
| 22 | quarter and a list, by category, of offenses that
minors were | ||||||
| 23 | arrested for or convicted of by age, race, and gender.
| ||||||
| 24 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 25 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| |||||||
| |||||||
| 1 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 2 | (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
| ||||||
| 3 | Sec. 2605-375. Missing persons; Law Enforcement Agencies | ||||||
| 4 | Data System
(LEADS).
| ||||||
| 5 | (a) To establish and maintain a statewide Law Enforcement
| ||||||
| 6 | Agencies Data System (LEADS) for the purpose of providing | ||||||
| 7 | electronic access
by authorized entities to criminal justice | ||||||
| 8 | data repositories and effecting an
immediate law enforcement | ||||||
| 9 | response to reports of missing persons, including
lost, missing | ||||||
| 10 | or runaway minors, lost or missing individuals with | ||||||
| 11 | developmental or intellectual disabilities, and missing | ||||||
| 12 | endangered seniors. The Illinois State Police Department shall | ||||||
| 13 | implement an automatic
data exchange system to compile, to | ||||||
| 14 | maintain, and to make available to
other law
enforcement | ||||||
| 15 | agencies for immediate dissemination data that can
assist
| ||||||
| 16 | appropriate agencies in recovering missing persons and provide | ||||||
| 17 | access by
authorized entities to various data repositories | ||||||
| 18 | available through LEADS for
criminal justice and related | ||||||
| 19 | purposes. To assist the Illinois State Police Department in
| ||||||
| 20 | this effort, funds may be appropriated from the LEADS | ||||||
| 21 | Maintenance Fund. Funds may be appropriated from the LEADS | ||||||
| 22 | Maintenance Fund to the Illinois State Police Department to | ||||||
| 23 | finance any of its lawful purposes or functions in relation to | ||||||
| 24 | defraying the expenses associated with establishing, | ||||||
| 25 | maintaining, and supporting the issuance of electronic | ||||||
| |||||||
| |||||||
| 1 | citations.
| ||||||
| 2 | (b) In exercising its duties under this Section, the | ||||||
| 3 | Illinois State Police
Department shall provide a uniform | ||||||
| 4 | reporting format (LEADS) for the entry of pertinent
information | ||||||
| 5 | regarding the report of a missing person into LEADS. The report | ||||||
| 6 | must include all of the following:
| ||||||
| 7 | (1) Relevant information obtained from the | ||||||
| 8 | notification concerning the missing person, including all | ||||||
| 9 | of the following: | ||||||
| 10 | (A) a physical description of the missing person; | ||||||
| 11 | (B) the date, time, and place that the missing | ||||||
| 12 | person was last seen; and | ||||||
| 13 | (C) the missing person's address. | ||||||
| 14 | (2) Information gathered by a preliminary | ||||||
| 15 | investigation, if one was made. | ||||||
| 16 | (3) A statement by the law enforcement officer in | ||||||
| 17 | charge stating the officer's assessment of the case based | ||||||
| 18 | on the evidence and information received. | ||||||
| 19 | (b-5) The Illinois Department of State Police shall: | ||||||
| 20 | (1) Develop and implement a policy whereby a statewide | ||||||
| 21 | or regional alert
would be used in situations relating to | ||||||
| 22 | the disappearances of individuals,
based on criteria and in | ||||||
| 23 | a format established by the Illinois State Police | ||||||
| 24 | Department. Such a
format shall include, but not be limited | ||||||
| 25 | to, the age of the missing person
and the suspected | ||||||
| 26 | circumstance of the disappearance.
| ||||||
| |||||||
| |||||||
| 1 | (2) Notify all law enforcement agencies that reports of | ||||||
| 2 | missing persons
shall be entered as soon as the minimum | ||||||
| 3 | level of data specified by the Illinois State Police
| ||||||
| 4 | Department is available to the reporting agency and that no | ||||||
| 5 | waiting period
for the entry of the data exists.
| ||||||
| 6 | (3) Compile and retain information regarding lost, | ||||||
| 7 | abducted, missing,
or
runaway minors in a separate data | ||||||
| 8 | file, in a manner that allows that
information to be used | ||||||
| 9 | by law enforcement and other agencies deemed
appropriate by | ||||||
| 10 | the Director, for investigative purposes. The
information
| ||||||
| 11 | shall include the disposition of all reported lost, | ||||||
| 12 | abducted, missing, or
runaway minor cases.
| ||||||
| 13 | (4) Compile and maintain an historic data repository | ||||||
| 14 | relating to lost,
abducted, missing, or runaway minors and | ||||||
| 15 | other missing persons, including, but not limited to, lost | ||||||
| 16 | or missing individuals with developmental or intellectual | ||||||
| 17 | disabilities and missing endangered seniors, in order to
| ||||||
| 18 | develop and improve techniques utilized by law enforcement | ||||||
| 19 | agencies when
responding to reports of missing persons.
| ||||||
| 20 | (5) Create a quality control program regarding | ||||||
| 21 | confirmation of missing
person data, timeliness of entries | ||||||
| 22 | of missing person reports into LEADS,
and
performance | ||||||
| 23 | audits of all entering agencies.
| ||||||
| 24 | (c) The Illinois Law Enforcement Training Standards Board | ||||||
| 25 | shall conduct a training program for law enforcement personnel | ||||||
| 26 | of local governmental agencies in the Missing Persons | ||||||
| |||||||
| |||||||
| 1 | Identification Act.
| ||||||
| 2 | (d) The Illinois Department of State Police shall perform | ||||||
| 3 | the duties prescribed in the Missing Persons Identification | ||||||
| 4 | Act, subject to appropriation.
| ||||||
| 5 | (Source: P.A. 100-662, eff. 1-1-19.)
| ||||||
| 6 | (20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
| ||||||
| 7 | Sec. 2605-377. Department of Healthcare and Family | ||||||
| 8 | Services; LEADS access.
| ||||||
| 9 | (a) The Department of Healthcare and Family Services is an | ||||||
| 10 | authorized entity under this
Law for the purpose of exchanging | ||||||
| 11 | information, in the form and manner required
by the Illinois | ||||||
| 12 | Department of State Police, to facilitate the location of | ||||||
| 13 | individuals
for establishing paternity, and establishing, | ||||||
| 14 | modifying, and enforcing child
support obligations, pursuant | ||||||
| 15 | to the Illinois Public Aid Code and Title IV,
Part D of the | ||||||
| 16 | Social Security Act.
| ||||||
| 17 | (b) The Department of Healthcare and Family Services is an | ||||||
| 18 | authorized entity under
this Section for the purpose of | ||||||
| 19 | obtaining access to various data repositories
available | ||||||
| 20 | through LEADS, to facilitate the location of individuals for
| ||||||
| 21 | establishing paternity, and establishing, modifying, and | ||||||
| 22 | enforcing child
support obligations, pursuant to the Illinois | ||||||
| 23 | Public Aid Code and Title IV,
Part D of the Social Security | ||||||
| 24 | Act. The Illinois State Police Department shall enter into an
| ||||||
| 25 | agreement with the Department of Healthcare and Family Services | ||||||
| |||||||
| |||||||
| 1 | consistent with these
purposes.
| ||||||
| 2 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 3 | (20 ILCS 2605/2605-378)
| ||||||
| 4 | Sec. 2605-378. I-CLEAR. The Illinois Department of State | ||||||
| 5 | Police shall provide for the entry into the Illinois Citizens | ||||||
| 6 | and Law Enforcement Analysis and Reporting System (I-CLEAR) of | ||||||
| 7 | the names and
addresses of arsonists as defined in the Arsonist
| ||||||
| 8 | Registration Act who are required to register under that
Act. | ||||||
| 9 | The information shall be immediately accessible to law
| ||||||
| 10 | enforcement agencies and peace officers of this State or
any | ||||||
| 11 | other state or of the federal government. Similar
information | ||||||
| 12 | may be requested from any other state or of the
federal | ||||||
| 13 | government for the purposes of that Act.
| ||||||
| 14 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 15 | (20 ILCS 2605/2605-380) (was 20 ILCS 2605/55a-8)
| ||||||
| 16 | Sec. 2605-380. Dental records. The Illinois State Police | ||||||
| 17 | Department shall do the following:
| ||||||
| 18 | (1) Coordinate State participation in a national
| ||||||
| 19 | central repository for dental records of missing persons | ||||||
| 20 | and unidentified
dead bodies.
| ||||||
| 21 | (2) Receive and file dental records submitted by county | ||||||
| 22 | medical
examiners and coroners from unidentified dead | ||||||
| 23 | bodies and submitted by law
enforcement agencies from | ||||||
| 24 | persons reported missing for more than 30
days.
| ||||||
| |||||||
| |||||||
| 1 | (3) Provide information from the file on possible
| ||||||
| 2 | identifications resulting
from the comparison of dental | ||||||
| 3 | records submitted with those records on file,
to county | ||||||
| 4 | medical examiners, coroners, and law enforcement agencies.
| ||||||
| 5 | (4) Expunge the dental records of those missing persons | ||||||
| 6 | who are
found, and
expunge from the file the dental records | ||||||
| 7 | of missing persons who are
positively identified as a | ||||||
| 8 | result of comparisons made with this file
or the
files | ||||||
| 9 | maintained by other states, territories, insular | ||||||
| 10 | possessions of the
United States, or the United States.
| ||||||
| 11 | (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
| ||||||
| 12 | (20 ILCS 2605/2605-400) (was 20 ILCS 2605/55a in part)
| ||||||
| 13 | Sec. 2605-400. Fees; State Police Services Fund; audit.
| ||||||
| 14 | (a) To charge, collect, and receive fees or moneys | ||||||
| 15 | equivalent to the
cost
of providing Illinois State Police | ||||||
| 16 | Department personnel, equipment, and services
to local | ||||||
| 17 | governmental agencies when explicitly requested by a local
| ||||||
| 18 | governmental agency and pursuant to an intergovernmental | ||||||
| 19 | agreement as provided
by this Law, other State agencies, and | ||||||
| 20 | federal
agencies, including but not limited to fees or moneys | ||||||
| 21 | equivalent to
the cost of
providing dispatching services, radio | ||||||
| 22 | and radar repair, and training to
local governmental agencies | ||||||
| 23 | on terms and conditions that in the judgment of the Director | ||||||
| 24 | are in the best interest of the State;
and to establish, | ||||||
| 25 | charge, collect, and receive fees or moneys based on the
cost | ||||||
| |||||||
| |||||||
| 1 | of providing responses to requests for criminal history record
| ||||||
| 2 | information pursuant to positive identification and any | ||||||
| 3 | Illinois or federal
law authorizing access to some aspect of | ||||||
| 4 | that information and to
prescribe
the form and manner for | ||||||
| 5 | requesting and furnishing the information
to the
requestor on | ||||||
| 6 | terms and conditions that in the judgment of
the Director
are | ||||||
| 7 | in the best interest of the State, provided fees for
requesting | ||||||
| 8 | and furnishing criminal history record information may be | ||||||
| 9 | waived
for requests in the due administration of the criminal | ||||||
| 10 | laws. The Illinois State Police Department
may also charge, | ||||||
| 11 | collect, and receive fees or moneys equivalent to the cost
of
| ||||||
| 12 | providing electronic data processing lines or related | ||||||
| 13 | telecommunication
services to local governments, but only when | ||||||
| 14 | those services can be
provided
by the Illinois State Police | ||||||
| 15 | Department at a cost less than that experienced by those
local
| ||||||
| 16 | governments through other means. All services provided by the | ||||||
| 17 | Illinois State Police Department
shall be conducted pursuant to | ||||||
| 18 | contracts in accordance with the
Intergovernmental Cooperation | ||||||
| 19 | Act, and all telecommunication services
shall be provided | ||||||
| 20 | pursuant to the provisions of Section 405-270
of
the Department | ||||||
| 21 | of Central Management Services Law (20 ILCS 405/405-270).
| ||||||
| 22 | (b) All fees received by the Illinois State Police | ||||||
| 23 | Department under the
Civil Administrative Code of Illinois
or | ||||||
| 24 | the Illinois Uniform Conviction Information Act shall be | ||||||
| 25 | deposited in a
special fund in the State treasury to be known | ||||||
| 26 | as the State Police Services
Fund. The money deposited in the | ||||||
| |||||||
| |||||||
| 1 | State Police Services Fund shall be
appropriated to the | ||||||
| 2 | Illinois State Police Department for expenses of the Illinois | ||||||
| 3 | State Police
Department.
| ||||||
| 4 | (c) Upon the completion of any audit of the Illinois State | ||||||
| 5 | Police Department as
prescribed by the Illinois State Auditing | ||||||
| 6 | Act, which audit includes an
audit of the State Police Services | ||||||
| 7 | Fund, the Illinois State Police Department shall make the audit | ||||||
| 8 | open to inspection by any interested person.
| ||||||
| 9 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 10 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 11 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 12 | (20 ILCS 2605/2605-405) (was 20 ILCS 2605/55a in part)
| ||||||
| 13 | Sec. 2605-405.
Applying for grants or contracts; moneys | ||||||
| 14 | from other
entities. To apply for grants or contracts and | ||||||
| 15 | receive,
expend, allocate, or
disburse funds and moneys made | ||||||
| 16 | available by public or private entities,
including, but not | ||||||
| 17 | limited to, contracts, bequests, grants, or receiving
| ||||||
| 18 | equipment from corporations, foundations, or public or private | ||||||
| 19 | institutions
of higher learning. All funds received by the | ||||||
| 20 | Illinois State Police Department from these
sources shall be | ||||||
| 21 | deposited into the appropriate fund
in the State treasury to be | ||||||
| 22 | appropriated to the Illinois State Police Department for | ||||||
| 23 | purposes as
indicated by the grantor or contractor or, in the | ||||||
| 24 | case of funds or moneys
bequeathed or granted for no specific | ||||||
| 25 | purpose, for any purpose deemed
appropriate by the Director in | ||||||
| |||||||
| |||||||
| 1 | administering the responsibilities of the Illinois State | ||||||
| 2 | Police
Department.
| ||||||
| 3 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 4 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 5 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 6 | (20 ILCS 2605/2605-407) | ||||||
| 7 | Sec. 2605-407. Illinois State Police Federal Projects | ||||||
| 8 | Fund. The Illinois State Police Federal Projects Fund is | ||||||
| 9 | established as a federal trust fund in the State treasury. This | ||||||
| 10 | federal Trust Fund is established to receive funds awarded to | ||||||
| 11 | the Illinois Department of State Police from the following: (i) | ||||||
| 12 | all federal departments and agencies for the specific purposes | ||||||
| 13 | established by the terms and conditions of the federal awards | ||||||
| 14 | and (ii) federal pass-through grants from State departments and | ||||||
| 15 | agencies for the specific purposes established by the terms and | ||||||
| 16 | conditions of the grant agreements. Any interest earnings that | ||||||
| 17 | are attributable to moneys in the federal trust fund must be | ||||||
| 18 | deposited into the Fund.
| ||||||
| 19 | (Source: P.A. 97-116, eff. 1-1-12; 97-826, eff. 7-18-12.)
| ||||||
| 20 | (20 ILCS 2605/2605-410) | ||||||
| 21 | Sec. 2605-410. Over Dimensional Load Police Escort Fund. To | ||||||
| 22 | charge, collect, and receive fees or moneys as described in | ||||||
| 23 | Section 15-312 of the Illinois Vehicle Code. All fees received | ||||||
| 24 | by the Illinois State Police under Section 15-312 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Vehicle Code shall be deposited into the Over | ||||||
| 2 | Dimensional Load Police Escort Fund, a special fund that is | ||||||
| 3 | created in the State treasury. Subject to appropriation, the | ||||||
| 4 | money in the Over Dimensional Load Police Escort Fund shall be | ||||||
| 5 | used by the Illinois State Police Department for its expenses | ||||||
| 6 | in providing police escorts and commercial vehicle enforcement | ||||||
| 7 | activities.
| ||||||
| 8 | (Source: P.A. 95-787, eff. 1-1-09.)
| ||||||
| 9 | (20 ILCS 2605/2605-420) (was 20 ILCS 2605/55a in part)
| ||||||
| 10 | Sec. 2605-420. Assisting victims and witnesses of gang | ||||||
| 11 | crime. To
assist victims and witnesses in gang crime | ||||||
| 12 | prosecutions
through the administration of funds appropriated | ||||||
| 13 | from the Gang Violence
Victims and Witnesses Fund to the | ||||||
| 14 | Illinois State Police Department. Those funds shall
be
| ||||||
| 15 | appropriated to the Illinois State Police Department and shall | ||||||
| 16 | only be used to assist victims and
witnesses in gang crime | ||||||
| 17 | prosecutions. The assistance may
include any of
the following:
| ||||||
| 18 | (1) Temporary living costs.
| ||||||
| 19 | (2) Moving expenses.
| ||||||
| 20 | (3) Closing costs on the sale of a private
residence.
| ||||||
| 21 | (4) First month's rent.
| ||||||
| 22 | (5) Security deposits.
| ||||||
| 23 | (6) Apartment location assistance.
| ||||||
| 24 | (7) Other expenses that the Illinois State Police | ||||||
| 25 | Department considers
appropriate.
| ||||||
| |||||||
| |||||||
| 1 | (8) Compensation for any loss of or injury to real or | ||||||
| 2 | personal
property
resulting from a gang crime to a maximum | ||||||
| 3 | of $5,000, subject to the following
provisions:
| ||||||
| 4 | (A) In the case of loss of property, the amount of
| ||||||
| 5 | compensation shall
be measured by the replacement cost | ||||||
| 6 | of similar or like property that has
been incurred by | ||||||
| 7 | and that is substantiated by the property
owner.
| ||||||
| 8 | (B) In the case of injury to property, the amount | ||||||
| 9 | of
compensation shall
be measured by the cost of repair | ||||||
| 10 | incurred and that can be
substantiated
by the property | ||||||
| 11 | owner.
| ||||||
| 12 | (C) Compensation under this provision is a | ||||||
| 13 | secondary source
of
compensation and shall be reduced | ||||||
| 14 | by any amount the property owner receives
from any | ||||||
| 15 | other source as compensation for the loss or injury, | ||||||
| 16 | including,
but not limited to, personal insurance | ||||||
| 17 | coverage.
| ||||||
| 18 | (D) No compensation may be awarded if the property | ||||||
| 19 | owner
was an offender
or an accomplice of the offender | ||||||
| 20 | or if the award would unjustly benefit
the offender or | ||||||
| 21 | offenders or an accomplice of the offender or | ||||||
| 22 | offenders.
| ||||||
| 23 | No victim or witness may receive assistance under this | ||||||
| 24 | Section
if he or she is not a
part of or fails to fully | ||||||
| 25 | cooperate in the prosecution of gang crime
members by law | ||||||
| 26 | enforcement authorities.
| ||||||
| |||||||
| |||||||
| 1 | The Illinois State Police Department shall promulgate any | ||||||
| 2 | rules necessary for the
implementation of this amendatory Act | ||||||
| 3 | of 1985.
| ||||||
| 4 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 5 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 6 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 7 | (20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
| ||||||
| 8 | Sec. 2605-475.Emergency Telephone System Act. The Illinois | ||||||
| 9 | State Police Department and Statewide 9-1-1 Administrator | ||||||
| 10 | shall exercise the powers and perform the duties specifically | ||||||
| 11 | assigned to each
under the Emergency Telephone System Act. | ||||||
| 12 | Nothing in the Emergency Telephone System
Act shall require the | ||||||
| 13 | Illinois Department of State Police to provide
wireless | ||||||
| 14 | enhanced 9-1-1 services.
| ||||||
| 15 | (Source: P.A. 100-20, eff. 7-1-17.)
| ||||||
| 16 | (20 ILCS 2605/2605-480)
| ||||||
| 17 | Sec. 2605-480.
Statewide kidnapping alert and prevention | ||||||
| 18 | program;
Child Safety Coordinator.
| ||||||
| 19 | (a) The Illinois Department of
State Police shall develop a | ||||||
| 20 | coordinated program for a statewide emergency
alert system when | ||||||
| 21 | a child is missing or kidnapped.
The system shall include, but | ||||||
| 22 | is not limited to, the use in coordination with
the Illinois
| ||||||
| 23 | Department of Transportation, of electronic message signs on | ||||||
| 24 | roads and highways
in the
vicinity of a child abduction to | ||||||
| |||||||
| |||||||
| 1 | immediately provide critical information to
the public.
| ||||||
| 2 | (b) The Illinois Department of State Police shall establish | ||||||
| 3 | an AMBER Plan Task Force
to
monitor and review the | ||||||
| 4 | implementation and operation of the system developed
under
| ||||||
| 5 | subsection (a), including procedures, budgetary requirements, | ||||||
| 6 | and response
protocols.
The Task Force shall also develop | ||||||
| 7 | additional network resources for use in the
system.
| ||||||
| 8 | (c) The Illinois Department of State Police, in | ||||||
| 9 | coordination with the Illinois
Emergency
Management Agency, | ||||||
| 10 | shall develop and implement a community outreach program to
| ||||||
| 11 | promote awareness among the State's parents and children of | ||||||
| 12 | child abduction
prevention
and response.
| ||||||
| 13 | (d) The Illinois Department of State Police, in | ||||||
| 14 | coordination with the State Board of
Education, shall develop | ||||||
| 15 | child abduction prevention instruction for inclusion
in | ||||||
| 16 | elementary and secondary school curricula throughout the | ||||||
| 17 | State. The Illinois State Police
Department and
State Board of | ||||||
| 18 | Education shall encourage the inclusion of the child abduction
| ||||||
| 19 | prevention
instruction in private elementary and secondary | ||||||
| 20 | school curricula throughout the
State.
| ||||||
| 21 | (e) The Illinois State Police Department shall appoint a | ||||||
| 22 | Child Safety Coordinator to assist in the
establishment of | ||||||
| 23 | State standards for child safety from kidnap and abduction and
| ||||||
| 24 | to advocate for the achievement of those standards. The Child | ||||||
| 25 | Safety
Coordinator shall have the
qualifications and | ||||||
| 26 | experience that the Illinois State Police Department shall | ||||||
| |||||||
| |||||||
| 1 | require by rule. The
Child Safety Coordinator shall receive no | ||||||
| 2 | compensation but shall be reimbursed
for his or her expenses | ||||||
| 3 | from the Illinois State Police's Department's operations | ||||||
| 4 | budget. No funds shall
be appropriated solely
for the expenses | ||||||
| 5 | of the Child Safety Coordinator. The Illinois State Police | ||||||
| 6 | Department shall provide
technical assistance for the Child | ||||||
| 7 | Safety Coordinator from its existing
resources.
| ||||||
| 8 | (Source: P.A. 92-259, eff. 1-1-02; 92-468, eff. 8-22-01; | ||||||
| 9 | 93-310, eff.
7-23-03.)
| ||||||
| 10 | (20 ILCS 2605/2605-485) | ||||||
| 11 | Sec. 2605-485. Endangered Missing Person Advisory. | ||||||
| 12 | (a) A coordinated program known as the Endangered Missing | ||||||
| 13 | Person Advisory is established within the Illinois Department | ||||||
| 14 | of State Police. The purpose of the Endangered Missing Person | ||||||
| 15 | Advisory is to provide a regional system for the rapid | ||||||
| 16 | dissemination of information regarding a missing person who is | ||||||
| 17 | believed to be a high-risk missing person as defined in Section | ||||||
| 18 | 10 of the Missing Persons Identification Act. | ||||||
| 19 | (b) The AMBER Plan Task Force, established under Section | ||||||
| 20 | 2605-480 of this the Department of State Police Law, shall | ||||||
| 21 | serve as the task force for the Endangered Missing Person | ||||||
| 22 | Advisory. The AMBER Plan Task Force shall monitor and review | ||||||
| 23 | the implementation and operation of the regional system | ||||||
| 24 | developed under subsection (a), including procedures, | ||||||
| 25 | budgetary requirements, and response protocols. The AMBER Plan | ||||||
| |||||||
| |||||||
| 1 | Task Force shall also develop additional network resources for | ||||||
| 2 | use in the system. | ||||||
| 3 | (c) The Illinois Department of State Police, in | ||||||
| 4 | coordination with the Illinois Department on Aging, shall | ||||||
| 5 | develop and implement a community outreach program to promote | ||||||
| 6 | awareness among the State's healthcare facilities, nursing | ||||||
| 7 | homes, assisted living facilities, and other senior centers. | ||||||
| 8 | The guidelines and procedures shall ensure that specific health | ||||||
| 9 | information about the missing person is not made public through | ||||||
| 10 | the alert or otherwise. | ||||||
| 11 | (c-5) Subject to appropriation, the Illinois Department of | ||||||
| 12 | State Police, in coordination with the Illinois Department of | ||||||
| 13 | Human Services, shall develop and implement a community | ||||||
| 14 | outreach program to promote awareness of the Endangered Missing | ||||||
| 15 | Person Advisory among applicable entities, including, but not | ||||||
| 16 | limited to, developmental disability facilities as defined in | ||||||
| 17 | Section 1-107 of the Mental Health and Developmental | ||||||
| 18 | Disabilities Code. The guidelines and procedures shall ensure | ||||||
| 19 | that specific health information about the missing person is | ||||||
| 20 | not made public through the alert or otherwise. | ||||||
| 21 | (d) The Child Safety Coordinator, created under Section | ||||||
| 22 | 2605-480 of this the Department of State Police Law, shall act | ||||||
| 23 | in the dual capacity of Child Safety Coordinator and Endangered | ||||||
| 24 | Missing Person Coordinator. The Coordinator shall assist in the | ||||||
| 25 | establishment of State standards and monitor the availability | ||||||
| 26 | of federal funding that may become available to further the | ||||||
| |||||||
| |||||||
| 1 | objectives of the Endangered Missing Person Advisory. The | ||||||
| 2 | Illinois State Police Department shall provide technical | ||||||
| 3 | assistance for the Coordinator from its existing resources.
| ||||||
| 4 | (e)(1) The Illinois Department of State Police, in | ||||||
| 5 | cooperation with the Silver Search Task Force, shall develop as | ||||||
| 6 | part of the Endangered Missing Person Advisory a coordinated | ||||||
| 7 | statewide awareness program and toolkit to be used when a | ||||||
| 8 | person 21 years of age or older who is believed to have | ||||||
| 9 | Alzheimer's disease, other related dementia, or other | ||||||
| 10 | dementia-like cognitive impairment is reported missing, which | ||||||
| 11 | shall be referred to as Silver Search. | ||||||
| 12 | (2)
The Illinois State Police Department shall complete | ||||||
| 13 | development and deployment of the Silver Search Awareness | ||||||
| 14 | Program and toolkit on or before July 1, 2017. | ||||||
| 15 | (3)
The Illinois Department of State Police shall establish | ||||||
| 16 | a Silver Search Task Force within 90 days after the effective | ||||||
| 17 | date of this amendatory Act of the 99th General Assembly to | ||||||
| 18 | assist the Illinois State Police Department in development and | ||||||
| 19 | deployment of the Silver Search Awareness Program and toolkit. | ||||||
| 20 | The Task Force shall establish the criteria and create a | ||||||
| 21 | toolkit, which may include usage of Department of | ||||||
| 22 | Transportation signs, under Section 2705-505.6 of the | ||||||
| 23 | Department of Transportation Law of the Civil Administrative | ||||||
| 24 | Code of Illinois. The Task Force shall monitor and review the | ||||||
| 25 | implementation and operation of that program, including | ||||||
| 26 | procedures, budgetary requirements, standards, and minimum | ||||||
| |||||||
| |||||||
| 1 | requirements for the training of law enforcement personnel on | ||||||
| 2 | how to interact appropriately and effectively with individuals | ||||||
| 3 | that suffer from Alzheimer's disease, other dementia, or other | ||||||
| 4 | dementia-like cognitive impairment. The Task Force shall also | ||||||
| 5 | develop additional network and financial resources for use in | ||||||
| 6 | the system. The Task Force shall include, but is not limited | ||||||
| 7 | to, one representative from each of the following: | ||||||
| 8 | (A) the Illinois Department of State Police; | ||||||
| 9 | (B) the Department on Aging; | ||||||
| 10 | (C) the Department of Public Health; | ||||||
| 11 | (D) the Illinois Law Enforcement Training Standards | ||||||
| 12 | Board; | ||||||
| 13 | (E) the Illinois Emergency Management Agency; | ||||||
| 14 | (F) the Secretary of State; | ||||||
| 15 | (G) the Department of Transportation; | ||||||
| 16 | (H) the Department of the Lottery; | ||||||
| 17 | (I) the Illinois Toll Highway Authority; | ||||||
| 18 | (J) a State association dedicated to Alzheimer's care, | ||||||
| 19 | support, and research; | ||||||
| 20 | (K) a State association dedicated to improving quality | ||||||
| 21 | of life for persons age 50 and over; | ||||||
| 22 | (L) a State group of area agencies involved in planning | ||||||
| 23 | and coordinating services and programs for older persons in | ||||||
| 24 | their respective areas; | ||||||
| 25 | (M) a State organization dedicated to enhancing | ||||||
| 26 | communication and cooperation between sheriffs; | ||||||
| |||||||
| |||||||
| 1 | (N) a State association of police chiefs and other | ||||||
| 2 | leaders of police and public safety organizations; | ||||||
| 3 | (O) a State association representing Illinois | ||||||
| 4 | publishers; | ||||||
| 5 | (P) a State association that advocates for the | ||||||
| 6 | broadcast industry; | ||||||
| 7 | (Q) a member of a large wireless telephone carrier; and | ||||||
| 8 | (R) a member of a small wireless telephone carrier. | ||||||
| 9 | The members of the Task Force designated in subparagraphs | ||||||
| 10 | (A) through (I) of this paragraph (3) shall be appointed by the | ||||||
| 11 | head of the respective agency. The members of the Task Force | ||||||
| 12 | designated in subparagraphs (J) through (R) of this paragraph | ||||||
| 13 | (3) shall be appointed by the Director of the Illinois State | ||||||
| 14 | Police. The Director of the Illinois State Police or his or her | ||||||
| 15 | designee shall serve as Chair of the Task Force. | ||||||
| 16 | The Task Force shall meet at least twice a year and shall | ||||||
| 17 | provide a report on the operations of the Silver Search Program | ||||||
| 18 | to the General Assembly and the Governor each year by June 30. | ||||||
| 19 | (4)
Subject to appropriation, the Illinois Department of | ||||||
| 20 | State Police, in coordination with the Department on Aging and | ||||||
| 21 | the Silver Search Task Force, shall develop and implement a | ||||||
| 22 | community outreach program to promote awareness of the Silver | ||||||
| 23 | Search Program as part of the Endangered Missing Person | ||||||
| 24 | Advisory among law enforcement agencies, the State's | ||||||
| 25 | healthcare facilities, nursing homes, assisted living | ||||||
| 26 | facilities, other senior centers, and the general population on | ||||||
| |||||||
| |||||||
| 1 | or before January 1, 2017. | ||||||
| 2 | (5)
The Child Safety Coordinator, created under Section | ||||||
| 3 | 2605-480 of this the Department of State Police Law of the | ||||||
| 4 | Civil Administrative Code of Illinois, shall act in the | ||||||
| 5 | capacity of Child Safety Coordinator, Endangered Missing | ||||||
| 6 | Person Coordinator, and Silver Search Program Coordinator. The | ||||||
| 7 | Coordinator, in conjunction with the members of the Task Force, | ||||||
| 8 | shall assist the Illinois State Police Department and the | ||||||
| 9 | Silver Search Task Force in the establishment of State | ||||||
| 10 | standards and monitor the availability of federal and private | ||||||
| 11 | funding that may become available to further the objectives of | ||||||
| 12 | the Endangered Missing Person Advisory and Silver Search | ||||||
| 13 | Awareness Program. The Illinois State Police Department shall | ||||||
| 14 | provide technical assistance for the Coordinator from its | ||||||
| 15 | existing resources. | ||||||
| 16 | (6) The Illinois Department of State Police shall provide | ||||||
| 17 | administrative and other support to the Task Force. | ||||||
| 18 | (Source: P.A. 99-322, eff. 1-1-16; 100-662, eff. 1-1-19.)
| ||||||
| 19 | (20 ILCS 2605/2605-505) (was 20 ILCS 2605/55b)
| ||||||
| 20 | Sec. 2605-505. Local citizens radio groups. The Illinois | ||||||
| 21 | State Police Department is authorized to
use local
citizens | ||||||
| 22 | radio groups in connection with its communication duties under | ||||||
| 23 | the
Civil Administrative Code of Illinois and to coordinate
| ||||||
| 24 | those local citizens radio groups with the
functions of local | ||||||
| 25 | law enforcement agencies as the Illinois State Police | ||||||
| |||||||
| |||||||
| 1 | Department deems
advisable. With the approval of the Illinois | ||||||
| 2 | State Police Department, those local
citizens radio
groups | ||||||
| 3 | shall be eligible for law enforcement grants.
| ||||||
| 4 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 5 | (20 ILCS 2605/2605-550) (was 20 ILCS 2605/55a in part)
| ||||||
| 6 | Sec. 2605-550.
Transfer of realty to State agency; | ||||||
| 7 | acquisition of
federal land. To transfer jurisdiction of any | ||||||
| 8 | realty title to
which is held by
the State of Illinois under | ||||||
| 9 | the control of the Illinois State Police Department to any | ||||||
| 10 | other
department of the State government or to the State | ||||||
| 11 | Employees Housing
Commission or to acquire or accept federal | ||||||
| 12 | land when the
transfer,
acquisition, or acceptance is | ||||||
| 13 | advantageous to the State and is approved
in writing by the | ||||||
| 14 | Governor.
| ||||||
| 15 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
| 16 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
| 17 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
| 18 | (20 ILCS 2605/2605-575) | ||||||
| 19 | Sec. 2605-575. Children's fingerprints. With the written | ||||||
| 20 | permission of the child's parent or guardian, the Illinois | ||||||
| 21 | State Police Department may retain the fingerprint record of a | ||||||
| 22 | child fingerprinted by the Illinois State Police Department at | ||||||
| 23 | any location of collection, such as a State fair, county fair, | ||||||
| 24 | or other place the Illinois State Police Department collects | ||||||
| |||||||
| |||||||
| 1 | such data. The record may be retained and used only if the | ||||||
| 2 | child is later missing or abducted, if an Amber Alert is issued | ||||||
| 3 | for that child, or if a missing person report is filed for that | ||||||
| 4 | child with one or more local law enforcement agencies, and for | ||||||
| 5 | no other purpose. After the child reaches the age of 18, the | ||||||
| 6 | record must be destroyed unless the Illinois State Police | ||||||
| 7 | Department, within a reasonable period after the fingerprinted | ||||||
| 8 | person's 18th birthday, obtains the permission of the | ||||||
| 9 | fingerprinted person to retain the fingerprint record.
| ||||||
| 10 | (Source: P.A. 94-481, eff. 1-1-06.)
| ||||||
| 11 | (20 ILCS 2605/2605-585) | ||||||
| 12 | Sec. 2605-585. Money Laundering Asset Recovery Fund. | ||||||
| 13 | Moneys and the sale proceeds distributed to the Illinois | ||||||
| 14 | Department of State Police under paragraph (3) of Section | ||||||
| 15 | 29B-26 of the Criminal Code of 2012 shall be deposited in a | ||||||
| 16 | special fund in the State treasury to be known as the Money | ||||||
| 17 | Laundering Asset Recovery Fund. The moneys deposited in the | ||||||
| 18 | Money Laundering Asset Recovery Fund shall be appropriated to | ||||||
| 19 | and administered by the Illinois Department of State Police for | ||||||
| 20 | State law enforcement purposes.
| ||||||
| 21 | (Source: P.A. 100-699, eff. 8-3-18.)
| ||||||
| 22 | (20 ILCS 2605/2605-590) | ||||||
| 23 | Sec. 2605-590. Drug Traffic Prevention Fund. Moneys | ||||||
| 24 | deposited into the Drug Traffic Prevention Fund pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsection (e) of Section 5-9-1.1 and subsection (c) of Section | ||||||
| 2 | 5-9-1.1-5 of the Unified Code of Corrections shall be | ||||||
| 3 | appropriated to and administered by the Illinois Department of | ||||||
| 4 | State Police for funding of drug task forces and Metropolitan | ||||||
| 5 | Enforcement Groups in accordance with the Intergovernmental | ||||||
| 6 | Drug Laws Enforcement Act.
| ||||||
| 7 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
| 8 | (20 ILCS 2605/2605-595) | ||||||
| 9 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
| 10 | (a) There is created in the State treasury a special fund | ||||||
| 11 | known as the State Police Firearm Services Fund. The Fund shall | ||||||
| 12 | receive revenue under the Firearm Concealed Carry Act and | ||||||
| 13 | Section 5 of the Firearm Owners Identification Card Act. The | ||||||
| 14 | Fund may also receive revenue from grants, pass-through grants, | ||||||
| 15 | donations, appropriations, and any other legal source. | ||||||
| 16 | (b) The Illinois Department of State Police may use moneys | ||||||
| 17 | in the Fund to finance any of its lawful purposes, mandates, | ||||||
| 18 | functions, and duties under the Firearm Owners Identification | ||||||
| 19 | Card Act and the Firearm Concealed Carry Act, including the | ||||||
| 20 | cost of sending notices of expiration of Firearm Owner's | ||||||
| 21 | Identification Cards, concealed carry licenses, the prompt and | ||||||
| 22 | efficient processing of applications under the Firearm Owners | ||||||
| 23 | Identification Card Act and the Firearm Concealed Carry Act, | ||||||
| 24 | the improved efficiency and reporting of the LEADS and federal | ||||||
| 25 | NICS law enforcement data systems, and support for | ||||||
| |||||||
| |||||||
| 1 | investigations required under these Acts and law. Any surplus | ||||||
| 2 | funds beyond what is needed to comply with the aforementioned | ||||||
| 3 | purposes shall be used by the Illinois State Police Department | ||||||
| 4 | to improve the Law Enforcement Agencies Data System (LEADS) and | ||||||
| 5 | criminal history background check system. | ||||||
| 6 | (c) Investment income that is attributable to the | ||||||
| 7 | investment of moneys in the Fund shall be retained in the Fund | ||||||
| 8 | for the uses specified in this Section.
| ||||||
| 9 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
| ||||||
| 10 | (20 ILCS 2605/2605-600) | ||||||
| 11 | Sec. 2605-600. Crimes Against Police Officers Advisory. | ||||||
| 12 | (a) For purposes of this Section: | ||||||
| 13 | "Attempt" has the meaning ascribed to that term in | ||||||
| 14 | Section 8-4 of the Criminal Code of 2012. | ||||||
| 15 | "Concealment of homicidal death" has the meaning | ||||||
| 16 | ascribed to that term in Section 9-3.4 of the Criminal Code | ||||||
| 17 | of 2012. | ||||||
| 18 | "First degree murder" has the meaning ascribed to that | ||||||
| 19 | term in Section 9-1 of the Criminal Code of 2012. | ||||||
| 20 | "Involuntary manslaughter" and "reckless homicide" | ||||||
| 21 | have the meanings ascribed to those terms in Section 9-3 of | ||||||
| 22 | the Criminal Code of 2012. | ||||||
| 23 | "Second degree murder" has the meaning ascribed to that | ||||||
| 24 | term in Section 9-2 of the Criminal Code of 2012. | ||||||
| 25 | (b) A coordinated program known as the Crimes Against | ||||||
| |||||||
| |||||||
| 1 | Police Officers Advisory is established within
the Illinois | ||||||
| 2 | Department of State Police. The purpose of the Crimes Against | ||||||
| 3 | Police Officers Advisory is to
provide a regional system for | ||||||
| 4 | the rapid dissemination of information regarding a person who | ||||||
| 5 | is suspected of committing or attempting to commit any of the | ||||||
| 6 | offenses described in subsection (c). | ||||||
| 7 | (c) The Illinois Department of State Police shall develop | ||||||
| 8 | an advisory to assist law enforcement agencies when the | ||||||
| 9 | commission or attempted commission of the following offenses | ||||||
| 10 | against a peace officer occur: | ||||||
| 11 | (1) first degree murder; | ||||||
| 12 | (2) second degree murder; | ||||||
| 13 | (3) involuntary manslaughter; | ||||||
| 14 | (4) reckless homicide; and | ||||||
| 15 | (5)
concealment of homicidal death. | ||||||
| 16 | (d) Law enforcement agencies participating in the advisory | ||||||
| 17 | may request assistance when: | ||||||
| 18 | (1) the agency believes that a suspect has not been | ||||||
| 19 | apprehended; | ||||||
| 20 | (2) the agency believes that the suspect may be a | ||||||
| 21 | serious threat to the public; and | ||||||
| 22 | (3) sufficient information is available to disseminate | ||||||
| 23 | to the public that could assist in locating the suspect. | ||||||
| 24 | (e) The Illinois Department of State Police shall reserve | ||||||
| 25 | the authority to determine if dissemination of the information | ||||||
| 26 | will pose a significant risk to the public or jeopardize the | ||||||
| |||||||
| |||||||
| 1 | investigation. | ||||||
| 2 | (f) The Illinois Department of State Police may partner | ||||||
| 3 | with media and may request a media broadcast concerning details | ||||||
| 4 | of the suspect in order to obtain the public's assistance in | ||||||
| 5 | locating the suspect or vehicle used in the offense, or both.
| ||||||
| 6 | (Source: P.A. 98-263, eff. 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
| 7 | (20 ILCS 2605/2605-605) | ||||||
| 8 | Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||||||
| 9 | Director of the Illinois State Police may establish a statewide | ||||||
| 10 | multi-jurisdictional Violent Crime Intelligence Task Force led | ||||||
| 11 | by the Illinois Department of State Police dedicated to | ||||||
| 12 | combating gun violence, gun-trafficking, and other violent | ||||||
| 13 | crime with the primary mission of preservation of life and | ||||||
| 14 | reducing the occurrence and the fear of crime. The objectives | ||||||
| 15 | of the Task Force shall include, but not be limited to, | ||||||
| 16 | reducing and preventing illegal possession and use of firearms, | ||||||
| 17 | firearm-related homicides, and other violent crimes. | ||||||
| 18 | (1) The Task Force may develop and acquire information, | ||||||
| 19 | training, tools, and resources necessary to implement a | ||||||
| 20 | data-driven approach to policing, with an emphasis on | ||||||
| 21 | intelligence development. | ||||||
| 22 | (2) The Task Force may utilize information sharing, | ||||||
| 23 | partnerships, crime analysis, and evidence-based practices to | ||||||
| 24 | assist in the reduction of firearm-related shootings, | ||||||
| 25 | homicides, and gun-trafficking. | ||||||
| |||||||
| |||||||
| 1 | (3) The Task Force may recognize and utilize best practices | ||||||
| 2 | of community policing and may develop potential partnerships | ||||||
| 3 | with faith-based and community organizations to achieve its | ||||||
| 4 | goals. | ||||||
| 5 | (4) The Task Force may identify and utilize best practices | ||||||
| 6 | in drug-diversion programs and other community-based services | ||||||
| 7 | to redirect low-level offenders. | ||||||
| 8 | (5) The Task Force may assist in violence suppression | ||||||
| 9 | strategies including, but not limited to, details in identified | ||||||
| 10 | locations that have shown to be the most prone to gun violence | ||||||
| 11 | and violent crime, focused deterrence against violent gangs and | ||||||
| 12 | groups considered responsible for the violence in communities, | ||||||
| 13 | and other intelligence driven methods deemed necessary to | ||||||
| 14 | interrupt cycles of violence or prevent retaliation. | ||||||
| 15 | (6) In consultation with the Chief Procurement Officer, the | ||||||
| 16 | Illinois Department of State Police may obtain contracts for | ||||||
| 17 | software, commodities, resources, and equipment to assist the | ||||||
| 18 | Task Force with achieving this Act. Any contracts necessary to | ||||||
| 19 | support the delivery of necessary software, commodities, | ||||||
| 20 | resources, and equipment are not subject to the Illinois | ||||||
| 21 | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | ||||||
| 22 | 20-160 and Article 50 of that Code, provided that the Chief | ||||||
| 23 | Procurement Officer may, in writing with justification, waive | ||||||
| 24 | any certification required under Article 50 of the Illinois | ||||||
| 25 | Procurement Code.
| ||||||
| 26 | (Source: P.A. 100-3, eff. 1-1-18.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2605/2605-610) | ||||||
| 2 | Sec. 2605-610. Possession of a Firearm Owner's | ||||||
| 3 | Identification Card. The Illinois State Police Department | ||||||
| 4 | shall not make possession of a Firearm Owner's Identification | ||||||
| 5 | Card a condition of continued employment if the State Police | ||||||
| 6 | officer's Firearm Owner's Identification Card is revoked or | ||||||
| 7 | seized because the State Police officer has been a patient of a | ||||||
| 8 | mental health facility and the State Police officer has not | ||||||
| 9 | been determined to pose a clear and present danger to himself, | ||||||
| 10 | herself, or others as determined by a physician, clinical | ||||||
| 11 | psychologist, or qualified examiner. Nothing is this Section | ||||||
| 12 | shall otherwise impair an employer's ability to determine a | ||||||
| 13 | State Police officer's fitness for duty. A collective | ||||||
| 14 | bargaining agreement already in effect on this issue on the | ||||||
| 15 | effective date of this amendatory Act of the 101st General | ||||||
| 16 | Assembly cannot be modified, but on or after the effective date | ||||||
| 17 | of this amendatory Act of the 101st General Assembly, the | ||||||
| 18 | employer cannot require a Firearm Owner's Identification Card | ||||||
| 19 | as a condition of continued employment in a collective | ||||||
| 20 | bargaining agreement. The employer shall document if and why a | ||||||
| 21 | State Police officer has been determined to pose a clear and | ||||||
| 22 | present danger.
| ||||||
| 23 | (Source: P.A. 101-375, eff. 8-16-19.)
| ||||||
| 24 | (20 ILCS 2605/2605-85 rep.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2605/2605-90 rep.) | ||||||
| 2 | (20 ILCS 2605/2605-95 rep.) | ||||||
| 3 | (20 ILCS 2605/2605-96 rep.) | ||||||
| 4 | (20 ILCS 2605/2605-97 rep.) | ||||||
| 5 | (20 ILCS 2605/2605-98 rep.) | ||||||
| 6 | (20 ILCS 2605/2605-99 rep.)
| ||||||
| 7 | (20 ILCS 2605/2605-100 rep.)
| ||||||
| 8 | (20 ILCS 2605/2605-105 rep.)
| ||||||
| 9 | (20 ILCS 2605/2605-110 rep.)
| ||||||
| 10 | (20 ILCS 2605/2605-115 rep.)
| ||||||
| 11 | (20 ILCS 2605/2605-120 rep.)
| ||||||
| 12 | (20 ILCS 2605/2605-130 rep.)
| ||||||
| 13 | (20 ILCS 2605/2605-135 rep.)
| ||||||
| 14 | (20 ILCS 2605/2605-140 rep.)
| ||||||
| 15 | (20 ILCS 2605/2605-300 rep.)
| ||||||
| 16 | (20 ILCS 2605/2605-390 rep.)
| ||||||
| 17 | (20 ILCS 2605/2605-500 rep.)
| ||||||
| 18 | Section 197. The Department of State Police Law of the
| ||||||
| 19 | Civil Administrative Code of Illinois is amended by repealing | ||||||
| 20 | Sections 2605-85, 2605-90, 2605-95, 2605-96, 2605-97, 2605-98, | ||||||
| 21 | 2605-99, 2605-100, 2605-105, 2605-110, 2605-115, 2605-120, | ||||||
| 22 | 2605-130, 2605-135, 2605-140, 2605-300, 2605-390, and | ||||||
| 23 | 2605-500.
| ||||||
| 24 | Section 200. The State Police Act is amended by changing | ||||||
| 25 | the title of the Act and Sections 0.01, 1, 2, 3, 8, 9, 10, 12.2, | ||||||
| |||||||
| |||||||
| 1 | 12.5, 13, 14, 16, 17b, 18, 20, 21, 22, 24, 30, 35, 38, 40, and | ||||||
| 2 | 45 as follows:
| ||||||
| 3 | (20 ILCS 2610/Act title)
| ||||||
| 4 | An Act in relation to the Illinois Department of State | ||||||
| 5 | Police.
| ||||||
| 6 | (20 ILCS 2610/0.01) (from Ch. 121, par. 307.01)
| ||||||
| 7 | Sec. 0.01. Short title. This Act may be cited as the | ||||||
| 8 | Illinois
State Police Act.
| ||||||
| 9 | (Source: P.A. 86-1324.)
| ||||||
| 10 | (20 ILCS 2610/1) (from Ch. 121, par. 307.1)
| ||||||
| 11 | Sec. 1.
The Illinois Department of State Police, | ||||||
| 12 | hereinafter called the
Department, shall maintain divisions in | ||||||
| 13 | accordance with Section
2605-25 of the Illinois Department of | ||||||
| 14 | State Police Law (20 ILCS
2605/2605-25). The Illinois State | ||||||
| 15 | Police Department,
by
the Director, shall appoint State | ||||||
| 16 | policemen, also known as State Police
Officers, as provided in | ||||||
| 17 | this Act.
| ||||||
| 18 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 19 | (20 ILCS 2610/2) (from Ch. 121, par. 307.2)
| ||||||
| 20 | Sec. 2.
The Director shall be responsible for the | ||||||
| 21 | management
and control of the Illinois State Police Department. | ||||||
| 22 | The Director shall make and adopt rules and
regulations for the | ||||||
| |||||||
| |||||||
| 1 | direction, control, discipline and conduct of the
members of | ||||||
| 2 | the Illinois State Police Department and such other rules for | ||||||
| 3 | the government and
operation of the Illinois State Police | ||||||
| 4 | Department as he may deem necessary. He shall also
designate | ||||||
| 5 | the authority and responsibility within the limits of this Act
| ||||||
| 6 | for each rank of State policemen in the Illinois State Police | ||||||
| 7 | Department.
| ||||||
| 8 | (Source: P.A. 85-1042.)
| ||||||
| 9 | (20 ILCS 2610/3) (from Ch. 121, par. 307.3)
| ||||||
| 10 | Sec. 3.
The Governor shall appoint, by and with the advice | ||||||
| 11 | and consent of
the Senate, an Illinois a Department of State | ||||||
| 12 | Police Merit Board, hereinafter called
the Board, consisting of | ||||||
| 13 | 5 members to hold office, one until the third
Monday in March, | ||||||
| 14 | 1951, one until the third Monday in March, 1953, and
one until | ||||||
| 15 | the third Monday in March, 1955, and until their respective
| ||||||
| 16 | successors are appointed and qualified. One of the members | ||||||
| 17 | added by this
amendatory Act of 1977 shall serve a term | ||||||
| 18 | expiring on the third Monday
in March, 1980, and until his | ||||||
| 19 | successor is appointed and qualified, and
one shall serve a | ||||||
| 20 | term expiring on the third Monday in March, 1982, and
until his | ||||||
| 21 | successor is appointed and qualified. Upon the expiration of
| ||||||
| 22 | the terms of office of those first appointed, their respective
| ||||||
| 23 | successors shall be appointed to hold office from the third | ||||||
| 24 | Monday in
March of the year of their respective appointments | ||||||
| 25 | for a term of six
years and until their successors are | ||||||
| |||||||
| |||||||
| 1 | appointed and qualified for a like
term. No more than 3 members | ||||||
| 2 | of the Board shall be affiliated with the
same political party. | ||||||
| 3 | If the Senate is not in session at the time initial
| ||||||
| 4 | appointments are made pursuant to this section, the Governor | ||||||
| 5 | shall make
temporary appointments as in the case of a vacancy.
| ||||||
| 6 | (Source: P.A. 87-284.)
| ||||||
| 7 | (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
| ||||||
| 8 | Sec. 8.
The Board shall exercise jurisdiction over the | ||||||
| 9 | certification for
appointment and promotion, and over the | ||||||
| 10 | discipline, removal, demotion and
suspension of Illinois | ||||||
| 11 | Department of State Police officers.
Pursuant to recognized
| ||||||
| 12 | merit principles of public employment, the Board shall | ||||||
| 13 | formulate, adopt,
and put into effect rules, regulations and | ||||||
| 14 | procedures for its operation
and the transaction of its | ||||||
| 15 | business. The Board shall establish a classification
of ranks | ||||||
| 16 | of persons subject to its jurisdiction and shall set standards
| ||||||
| 17 | and qualifications for each rank. Each Illinois Department of | ||||||
| 18 | State Police officer
appointed by the Director shall be | ||||||
| 19 | classified as a State Police officer
as follows: trooper, | ||||||
| 20 | sergeant, master sergeant, lieutenant,
captain,
major, or | ||||||
| 21 | Special
Agent.
| ||||||
| 22 | (Source: P.A. 100-49, eff. 1-1-18.)
| ||||||
| 23 | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
| ||||||
| 24 | Sec. 9. Appointment; qualifications.
| ||||||
| |||||||
| |||||||
| 1 | (a) Except as otherwise provided in this Section, the | ||||||
| 2 | appointment of Illinois
Department of State Police officers | ||||||
| 3 | shall be made from those applicants who
have been certified by | ||||||
| 4 | the Board as being qualified for appointment. All
persons so | ||||||
| 5 | appointed shall, at the time of their appointment, be not less | ||||||
| 6 | than
21 years of age, or 20 years of age and have successfully | ||||||
| 7 | completed an associate's degree or 60 credit hours at an | ||||||
| 8 | accredited college or university. Any person
appointed | ||||||
| 9 | subsequent to successful completion of an associate's degree or | ||||||
| 10 | 60 credit hours at an accredited college or university shall | ||||||
| 11 | not have power of arrest, nor shall he or she be permitted
to | ||||||
| 12 | carry firearms, until he or she reaches 21 years of age. In | ||||||
| 13 | addition,
all persons so certified for appointment shall be of | ||||||
| 14 | sound mind and body, be of
good moral character, be citizens of | ||||||
| 15 | the United States, have no criminal
records, possess such | ||||||
| 16 | prerequisites of training, education, and experience as
the | ||||||
| 17 | Board may from time to time prescribe so long as persons who | ||||||
| 18 | have an associate's degree or 60 credit hours at an accredited | ||||||
| 19 | college or university are not disqualified, and shall be | ||||||
| 20 | required to pass
successfully such mental and physical tests | ||||||
| 21 | and examinations as may be
prescribed by the Board. All persons | ||||||
| 22 | who meet one of the following requirements are deemed to have | ||||||
| 23 | met the collegiate educational requirements: | ||||||
| 24 | (i) have been honorably discharged and who have been | ||||||
| 25 | awarded a Southwest Asia Service Medal, Kosovo Campaign | ||||||
| 26 | Medal, Korean Defense Service Medal, Afghanistan Campaign | ||||||
| |||||||
| |||||||
| 1 | Medal, Iraq Campaign Medal, or Global War on Terrorism | ||||||
| 2 | Expeditionary Medal by the United States Armed Forces; | ||||||
| 3 | (ii) are active members of the Illinois National Guard | ||||||
| 4 | or a reserve component of the United States Armed Forces | ||||||
| 5 | and who have been awarded a Southwest Asia Service Medal, | ||||||
| 6 | Kosovo Campaign Medal, Korean Defense Service Medal, | ||||||
| 7 | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global | ||||||
| 8 | War on Terrorism Expeditionary Medal as a result of | ||||||
| 9 | honorable service during deployment on active duty; | ||||||
| 10 | (iii) have been honorably discharged who served in a | ||||||
| 11 | combat mission by proof of hostile fire pay or imminent | ||||||
| 12 | danger pay during deployment on active duty; or | ||||||
| 13 | (iv) have at least 3 years of full active and | ||||||
| 14 | continuous military duty and received an honorable | ||||||
| 15 | discharge before hiring. | ||||||
| 16 | Preference shall be given in such appointments to
persons | ||||||
| 17 | who have honorably served in the military or naval services of | ||||||
| 18 | the
United States. All appointees shall serve a probationary | ||||||
| 19 | period of 12 months
from the date of appointment and during | ||||||
| 20 | that period may be discharged at the
will of the Director. | ||||||
| 21 | However, the Director may in his or her sole discretion
extend | ||||||
| 22 | the probationary period of an officer up to an additional 6 | ||||||
| 23 | months when
to do so is deemed in the best interest of the | ||||||
| 24 | Illinois State Police Department. Nothing in this subsection | ||||||
| 25 | (a) limits the Board's ability to prescribe education | ||||||
| 26 | prerequisites or requirements to certify Illinois Department | ||||||
| |||||||
| |||||||
| 1 | of State Police officers for promotion as provided in Section | ||||||
| 2 | 10 of this Act.
| ||||||
| 3 | (b) Notwithstanding the other provisions of this Act, after | ||||||
| 4 | July 1,
1977 and before July 1, 1980, the Director of State | ||||||
| 5 | Police may appoint and
promote not more than 20 persons having | ||||||
| 6 | special qualifications as special
agents as he or she deems | ||||||
| 7 | necessary to carry out the Department's objectives. Any
such | ||||||
| 8 | appointment or promotion shall be ratified by the Board.
| ||||||
| 9 | (c) During the 90 days following the effective date of this | ||||||
| 10 | amendatory Act
of 1995, the Director of State Police may | ||||||
| 11 | appoint up to 25 persons as State
Police officers. These | ||||||
| 12 | appointments shall be made in accordance with the
requirements | ||||||
| 13 | of this subsection (c) and any additional criteria that may be
| ||||||
| 14 | established by the Director, but are not subject to any other | ||||||
| 15 | requirements of
this Act. The Director may specify the initial | ||||||
| 16 | rank for each person appointed
under this subsection.
| ||||||
| 17 | All appointments under this subsection (c) shall be made | ||||||
| 18 | from personnel
certified by the Board. A person certified by | ||||||
| 19 | the Board and appointed by the
Director under this subsection | ||||||
| 20 | must have been employed by the Illinois Commerce
Commission on | ||||||
| 21 | November 30, 1994 in a job title
subject to the Personnel Code | ||||||
| 22 | and in a position for which the person was
eligible to earn | ||||||
| 23 | "eligible creditable service" as a "noncovered employee", as
| ||||||
| 24 | those terms are defined in Article 14 of the Illinois Pension | ||||||
| 25 | Code.
| ||||||
| 26 | Persons appointed under this subsection (c) shall | ||||||
| |||||||
| |||||||
| 1 | thereafter be subject to
the same requirements and procedures | ||||||
| 2 | as other State police officers. A person
appointed under this | ||||||
| 3 | subsection must serve a probationary period of 12 months
from | ||||||
| 4 | the date of appointment, during which he or she may be | ||||||
| 5 | discharged at the
will of the Director.
| ||||||
| 6 | This subsection (c) does not affect or limit the Director's | ||||||
| 7 | authority to
appoint other State Police officers under | ||||||
| 8 | subsection (a) of this Section.
| ||||||
| 9 | (Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20.)
| ||||||
| 10 | (20 ILCS 2610/10) (from Ch. 121, par. 307.10)
| ||||||
| 11 | Sec. 10.
Except as provided in Section 9 of this Act, | ||||||
| 12 | promotion of Illinois Department
of State Police officers shall | ||||||
| 13 | be made by the Director
from those candidates
who have been | ||||||
| 14 | certified to him as being qualified for promotion. The Board
| ||||||
| 15 | shall make certifications for promotions
on the basis of job | ||||||
| 16 | performance measurement, seniority, education, or written
or | ||||||
| 17 | oral examinations. All vacancies in all ranks above the lowest | ||||||
| 18 | shall
be filled by promotion.
| ||||||
| 19 | (Source: P.A. 84-25.)
| ||||||
| 20 | (20 ILCS 2610/12.2)
| ||||||
| 21 | Sec. 12.2. Burial benefit for State police officers killed | ||||||
| 22 | in the line of
duty. | ||||||
| 23 | (a) The Illinois Department of State Police shall pay | ||||||
| 24 | directly or reimburse, up to a
maximum of $20,000, the burial | ||||||
| |||||||
| |||||||
| 1 | expenses of each State police officer who is
killed in the line | ||||||
| 2 | of duty after June 30, 2018.
| ||||||
| 3 | (b) The payments provided for in this Section shall be paid | ||||||
| 4 | out of moneys
appropriated to the Illinois State Police | ||||||
| 5 | Department for the personal services of State police
officers.
| ||||||
| 6 | (c) The Illinois Department of State Police shall adopt | ||||||
| 7 | rules governing the
administration of this Section.
| ||||||
| 8 | (Source: P.A. 101-28, eff. 1-1-20.)
| ||||||
| 9 | (20 ILCS 2610/12.5)
| ||||||
| 10 | Sec. 12.5. Zero tolerance drug policy. Any person employed | ||||||
| 11 | by the Illinois
Department
of State Police who tests positive | ||||||
| 12 | in accordance with established Illinois State Police | ||||||
| 13 | Departmental
drug
testing procedures for any substance | ||||||
| 14 | prohibited by
the
Illinois Controlled Substances Act or the | ||||||
| 15 | Methamphetamine Control and Community Protection Act shall be | ||||||
| 16 | discharged from employment.
Any person employed by the Illinois | ||||||
| 17 | Department of State Police who tests positive
in
accordance | ||||||
| 18 | with established Illinois State Police Departmental drug | ||||||
| 19 | testing procedures for any
substance
prohibited by the Cannabis | ||||||
| 20 | Control Act may be
discharged from employment. Refusal to
| ||||||
| 21 | submit to a drug test, ordered in accordance with Illinois | ||||||
| 22 | State Police Departmental procedures, by
any person
employed by | ||||||
| 23 | the Illinois State Police Department shall be construed as a | ||||||
| 24 | positive test, and the
person shall be
discharged from | ||||||
| 25 | employment. The changes made in this Section by this amendatory | ||||||
| |||||||
| |||||||
| 1 | Act of the 100th General Assembly shall apply to all pending | ||||||
| 2 | and future incidents under this Section.
| ||||||
| 3 | (Source: P.A. 100-1130, eff. 11-27-18.)
| ||||||
| 4 | (20 ILCS 2610/13) (from Ch. 121, par. 307.13)
| ||||||
| 5 | Sec. 13.
Disciplinary measures prescribed by the Board for | ||||||
| 6 | Illinois Department
of State Police officers may be taken by | ||||||
| 7 | the Director for the punishment of
infractions of the rules and | ||||||
| 8 | regulations of the respective divisions as
promulgated by the | ||||||
| 9 | Illinois State Police Department. Such disciplinary measures | ||||||
| 10 | may include
suspension of any such officer for a reasonable | ||||||
| 11 | period, not exceeding 30 days.
| ||||||
| 12 | Any officer so suspended, within 10 days after suspension, | ||||||
| 13 | may petition
the Board in writing to review the suspension, and | ||||||
| 14 | upon the filing of such
petition with the Board, the Board | ||||||
| 15 | shall within a reasonable amount of time,
but no later than 30 | ||||||
| 16 | days after the date of request for review set the written
| ||||||
| 17 | petition for hearing before the Board upon not less than 10 | ||||||
| 18 | days' notice
at a place to be designated by the chairman | ||||||
| 19 | thereof.
The Board may sustain the action of the Director,
| ||||||
| 20 | reverse it with instructions that the officer receive his
pay | ||||||
| 21 | for the period involved, or reduce the length of suspension | ||||||
| 22 | with instructions
that the officer's pay be adjusted | ||||||
| 23 | accordingly. No later than July 1,
1987, the Board shall | ||||||
| 24 | promulgate rules which include the standards to be
used in | ||||||
| 25 | determining when compensation will be awarded to an officer who | ||||||
| |||||||
| |||||||
| 1 | is
found not guilty or has served a greater period of | ||||||
| 2 | suspension than
prescribed by the Board. The Board may not | ||||||
| 3 | increase
the length of suspension imposed by the Director.
The | ||||||
| 4 | Board may, by unanimous decision, dismiss the petition
if it | ||||||
| 5 | has determined that there is no substantial basis for its | ||||||
| 6 | review of
the suspension. In all other respects, the hearing | ||||||
| 7 | shall be conducted in
the manner provided for in Section 14 | ||||||
| 8 | hereof. The provisions of the
"Administrative Review Law" and | ||||||
| 9 | the rules adopted pursuant thereto shall
apply to and govern | ||||||
| 10 | all proceedings for the judicial review of any order of
the | ||||||
| 11 | board rendered pursuant to the provisions of this Section.
| ||||||
| 12 | (Source: P.A. 85-1042.)
| ||||||
| 13 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
| ||||||
| 14 | Sec. 14. Except as is otherwise provided in this Act, no | ||||||
| 15 | Illinois Department of
State Police officer shall be removed, | ||||||
| 16 | demoted or suspended except for
cause, upon written charges | ||||||
| 17 | filed with the Board by the Director and a hearing
before the | ||||||
| 18 | Board thereon upon not less than 10 days' notice at a place to
| ||||||
| 19 | be designated by the chairman thereof. At such hearing, the | ||||||
| 20 | accused shall
be afforded full opportunity to be heard in his | ||||||
| 21 | or her own defense and
to produce proof in his or her defense. | ||||||
| 22 | Anyone filing a complaint against a State Police Officer must | ||||||
| 23 | have the complaint supported by a sworn affidavit.
Any such | ||||||
| 24 | complaint, having been supported by a sworn affidavit, and | ||||||
| 25 | having been found, in total or in part, to contain false | ||||||
| |||||||
| |||||||
| 1 | information, shall be presented to the appropriate State's | ||||||
| 2 | Attorney for a determination of prosecution.
| ||||||
| 3 | Before any such officer may be interrogated or examined by | ||||||
| 4 | or before the
Board, or by an Illinois State Police a | ||||||
| 5 | departmental agent or investigator specifically assigned
to | ||||||
| 6 | conduct an internal investigation, the results of which | ||||||
| 7 | hearing,
interrogation
or examination may be the basis for | ||||||
| 8 | filing charges seeking his or her
suspension for more than 15 | ||||||
| 9 | days or his or her removal or discharge,
he or she shall be | ||||||
| 10 | advised in writing as to what specific improper or
illegal act | ||||||
| 11 | he or she is alleged to have committed; he or she shall
be | ||||||
| 12 | advised in writing that his or her admissions made in the | ||||||
| 13 | course
of the hearing, interrogation or examination may be used | ||||||
| 14 | as the basis for
charges seeking his or her suspension, removal | ||||||
| 15 | or discharge; and he
or she shall be advised in writing that he | ||||||
| 16 | or she has a right to
counsel of his or her choosing, who may be | ||||||
| 17 | present to advise him or
her at any hearing, interrogation or | ||||||
| 18 | examination. A complete record of
any hearing, interrogation or | ||||||
| 19 | examination shall be made, and a complete
transcript or | ||||||
| 20 | electronic recording thereof shall be made available to such
| ||||||
| 21 | officer without charge and without delay.
| ||||||
| 22 | The Board shall have the power to secure by its subpoena
| ||||||
| 23 | both the attendance and testimony of witnesses and the | ||||||
| 24 | production of books
and papers in support of the charges and | ||||||
| 25 | for the defense. Each member of
the Board or a designated | ||||||
| 26 | hearing officer shall have the power to administer
oaths or | ||||||
| |||||||
| |||||||
| 1 | affirmations. If the charges against an accused are established
| ||||||
| 2 | by a preponderance of evidence, the Board shall make a finding | ||||||
| 3 | of guilty
and order either removal, demotion, suspension for a | ||||||
| 4 | period of not more
than 180 days, or such other disciplinary | ||||||
| 5 | punishment as may be prescribed
by the rules and regulations of | ||||||
| 6 | the Board which, in the opinion of the members
thereof, the | ||||||
| 7 | offense merits. Thereupon the
Director shall direct such | ||||||
| 8 | removal or other punishment as ordered by the
Board and if the | ||||||
| 9 | accused refuses to abide by any such disciplinary
order, the | ||||||
| 10 | Director shall remove him or her forthwith.
| ||||||
| 11 | If the accused is found not guilty or has served a period | ||||||
| 12 | of suspension
greater than prescribed by the Board, the Board | ||||||
| 13 | shall order that the officer receive compensation for the | ||||||
| 14 | period involved.
The award of compensation shall include | ||||||
| 15 | interest at the rate of 7% per
annum.
| ||||||
| 16 | The Board may include in its order appropriate sanctions | ||||||
| 17 | based upon the
Board's rules and regulations. If the Board | ||||||
| 18 | finds that a party has made
allegations or denials without | ||||||
| 19 | reasonable cause or has engaged in frivolous
litigation for the | ||||||
| 20 | purpose of delay or needless increase in the cost of
| ||||||
| 21 | litigation, it may order that party to pay the other party's | ||||||
| 22 | reasonable
expenses, including costs and reasonable attorney's | ||||||
| 23 | fees. The State of
Illinois and the Illinois State Police | ||||||
| 24 | Department shall be subject to these sanctions in the same
| ||||||
| 25 | manner as other parties.
| ||||||
| 26 | In case of the neglect or refusal of any person to obey a | ||||||
| |||||||
| |||||||
| 1 | subpoena issued
by the Board, any circuit court, upon | ||||||
| 2 | application
of any member of the Board, may order such person | ||||||
| 3 | to appear before the Board
and give testimony or produce | ||||||
| 4 | evidence, and any failure to obey such order
is punishable by | ||||||
| 5 | the court as a contempt thereof.
| ||||||
| 6 | The provisions of the Administrative Review Law, and all | ||||||
| 7 | amendments and
modifications thereof, and the rules adopted | ||||||
| 8 | pursuant thereto, shall apply
to and govern all proceedings for | ||||||
| 9 | the judicial review of any order of the
Board rendered pursuant | ||||||
| 10 | to the provisions of this Section.
| ||||||
| 11 | Notwithstanding the provisions of this Section, a policy | ||||||
| 12 | making
officer, as defined in the Employee Rights Violation | ||||||
| 13 | Act, of the Illinois Department
of State Police shall be | ||||||
| 14 | discharged from the Illinois Department of State Police as
| ||||||
| 15 | provided in the Employee Rights Violation Act, enacted by the | ||||||
| 16 | 85th General
Assembly.
| ||||||
| 17 | (Source: P.A. 96-891, eff. 5-10-10.)
| ||||||
| 18 | (20 ILCS 2610/16) (from Ch. 121, par. 307.16)
| ||||||
| 19 | Sec. 16.
State policemen shall enforce the provisions of | ||||||
| 20 | The Illinois
Vehicle Code, approved September 29, 1969, as | ||||||
| 21 | amended,
and Article 9 of the "Illinois Highway Code" as | ||||||
| 22 | amended; and shall patrol the
public highways and rural | ||||||
| 23 | districts to make arrests for violations of the
provisions of | ||||||
| 24 | such Acts. They are conservators of the peace and as such
have | ||||||
| 25 | all powers possessed by policemen in cities, and sheriffs, | ||||||
| |||||||
| |||||||
| 1 | except that
they may exercise such powers anywhere in this | ||||||
| 2 | State. The State policemen
shall cooperate with the police of | ||||||
| 3 | cities, villages and incorporated towns,
and with the police | ||||||
| 4 | officers of any county, in enforcing the laws of the
State and | ||||||
| 5 | in making arrests and recovering property. They may be equipped
| ||||||
| 6 | with standardized and tested devices for weighing motor | ||||||
| 7 | vehicles and may
stop and weigh, acting reasonably, or cause to | ||||||
| 8 | be weighed, any motor
vehicle which appears to weigh in excess | ||||||
| 9 | of the weight permitted by law. It
shall also be the duty of | ||||||
| 10 | the Illinois State Police State police to determine, whenever | ||||||
| 11 | possible,
the person or persons or the causes responsible for | ||||||
| 12 | the breaking or
destruction of any improved hard-surfaced | ||||||
| 13 | roadway; to arrest all persons
criminally responsible for such | ||||||
| 14 | breaking or destruction and bring them
before the proper | ||||||
| 15 | officer for trial. The Illinois Department of State Police
| ||||||
| 16 | shall divide the State into Districts and assign each district | ||||||
| 17 | to one or
more policemen. No person employed under this Act, | ||||||
| 18 | however, shall serve or
execute civil process, except for | ||||||
| 19 | process issued under the authority of the
General Assembly, or | ||||||
| 20 | a committee or commission thereof vested with subpoena
powers | ||||||
| 21 | when the county sheriff refuses or fails to serve such process, | ||||||
| 22 | and
except for process issued under the authority of the | ||||||
| 23 | Illinois Department of Revenue.
| ||||||
| 24 | (Source: P.A. 84-25.)
| ||||||
| 25 | (20 ILCS 2610/17b) | ||||||
| |||||||
| |||||||
| 1 | Sec. 17b. Retiring officer; purchase of service firearm and | ||||||
| 2 | police badge. The Director of the Illinois State Police shall | ||||||
| 3 | establish a policy to allow a State Police officer who is | ||||||
| 4 | honorably retiring or separating in good standing to purchase | ||||||
| 5 | either one or both of the following: (i) any State Police badge | ||||||
| 6 | previously issued to that officer; or (ii) if the officer has a | ||||||
| 7 | currently valid Firearm Owner's Identification Card, the | ||||||
| 8 | service firearm issued or previously issued to the officer by | ||||||
| 9 | the Illinois Department of State Police. The cost of the | ||||||
| 10 | firearm purchased shall be the replacement value of the firearm | ||||||
| 11 | and not the firearm's fair market value.
| ||||||
| 12 | (Source: P.A. 100-931, eff. 8-17-18.)
| ||||||
| 13 | (20 ILCS 2610/18) (from Ch. 121, par. 307.18)
| ||||||
| 14 | Sec. 18.
The Director may also authorize any
civilian | ||||||
| 15 | employee of the Illinois State Police Department who is not a | ||||||
| 16 | State policeman to be
a truck weighing inspector with the power | ||||||
| 17 | of enforcing the provisions of
Sections 15-102, 15-103, 15-107, | ||||||
| 18 | 15-111, and 15-301 and subsection (d) of
Section 3-401 of the | ||||||
| 19 | Illinois Vehicle Code.
| ||||||
| 20 | (Source: P.A. 100-830, eff. 1-1-19.)
| ||||||
| 21 | (20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
| ||||||
| 22 | Sec. 20.
The Illinois State Police Department from time to | ||||||
| 23 | time may enter into contracts with
The Illinois State Toll | ||||||
| 24 | Highway Authority, hereinafter
called the Authority, with | ||||||
| |||||||
| |||||||
| 1 | respect to the policing of
toll highways by the Illinois State | ||||||
| 2 | Police. Such contracts shall provide among other
matters for | ||||||
| 3 | the compensation or reimbursement of the Illinois State Police | ||||||
| 4 | Department by the
Authority for the costs incurred by this | ||||||
| 5 | State with respect
to such policing service, including, but not | ||||||
| 6 | limited to, the costs of: (1)
compensation and training of the | ||||||
| 7 | State policemen and the clerical employees
assigned to such | ||||||
| 8 | policing service; and (2) uniforms, equipment, supplies
and | ||||||
| 9 | housing used by such personnel; and (3) reimbursement of such | ||||||
| 10 | sums as
the State expends in connection with payments of claims | ||||||
| 11 | for injuries or
illnesses suffered by such personnel in the | ||||||
| 12 | line of duty. Each such contract
may provide for the methods of | ||||||
| 13 | ascertaining such costs, and shall be of
such duration and may | ||||||
| 14 | contain such other appropriate terms as the Illinois State | ||||||
| 15 | Police Department
and the Authority may agree upon. The | ||||||
| 16 | Illinois State Police Department is not
obliged to furnish | ||||||
| 17 | policing service on any highway under the jurisdiction of the
| ||||||
| 18 | Authority except as required by contract.
| ||||||
| 19 | (Source: P.A. 81-840.)
| ||||||
| 20 | (20 ILCS 2610/21) (from Ch. 121, par. 307.18b)
| ||||||
| 21 | Sec. 21.
(a) The Illinois State Police Department shall | ||||||
| 22 | appoint as State policemen the number
of persons required for | ||||||
| 23 | assignment to the policing of toll highways by
contracts made | ||||||
| 24 | pursuant to Section 20 of this Act; and such policemen shall
| ||||||
| 25 | have the same qualifications and shall be appointed and paid | ||||||
| |||||||
| |||||||
| 1 | and shall
receive the same benefits, as all other State | ||||||
| 2 | policemen.
| ||||||
| 3 | (b) The Director shall assign such policemen in accordance | ||||||
| 4 | with
the contract provisions, which may authorize temporary | ||||||
| 5 | increases or decreases
in the number of policemen so assigned | ||||||
| 6 | when emergency conditions so require.
| ||||||
| 7 | (c) State policemen so assigned have, in policing the toll | ||||||
| 8 | highways, all
powers and duties of enforcement and arrest which | ||||||
| 9 | Section 16 of this Act
confers upon State policemen generally | ||||||
| 10 | in policing other public highways
and other areas, and in | ||||||
| 11 | addition have the duty to enforce all regulations
established | ||||||
| 12 | by the Illinois State Toll Highway Authority pursuant to the
| ||||||
| 13 | authority of the "An Act in relation to the construction, | ||||||
| 14 | operation,
regulation and maintenance of a system of toll | ||||||
| 15 | highways and to create The
Illinois State Toll Highway Act | ||||||
| 16 | Authority, and to define its powers and duties,
to make an | ||||||
| 17 | appropriation in conjunction therewith", approved August 7, | ||||||
| 18 | 1967, as amended.
| ||||||
| 19 | (Source: P.A. 85-1042.)
| ||||||
| 20 | (20 ILCS 2610/22) (from Ch. 121, par. 307.18c)
| ||||||
| 21 | Sec. 22.
The Director and the State policemen appointed by | ||||||
| 22 | him,
when authorized by the Director, may expend such sums as | ||||||
| 23 | the Director
deems necessary in the purchase of evidence and in | ||||||
| 24 | the employment of persons
to obtain evidence.
| ||||||
| 25 | Such sums to be expended shall be advanced to the State | ||||||
| |||||||
| |||||||
| 1 | policeman who is
to make such purchase or employment from funds | ||||||
| 2 | appropriated or made available
by law for the support or use of | ||||||
| 3 | the Illinois State Police Department on vouchers therefor | ||||||
| 4 | signed
by the Director.
| ||||||
| 5 | (Source: P.A. 85-1042.)
| ||||||
| 6 | (20 ILCS 2610/24) | ||||||
| 7 | Sec. 24. Illinois State Police quotas prohibited. The | ||||||
| 8 | Illinois State Police Department may not require an Illinois a | ||||||
| 9 | Department of State Police officer to issue a specific number | ||||||
| 10 | of citations within a designated period of time. This | ||||||
| 11 | prohibition shall not affect the conditions of any federal or | ||||||
| 12 | State grants or funds awarded to the Illinois State Police | ||||||
| 13 | Department and used to fund traffic enforcement programs. | ||||||
| 14 | The Illinois State Police Department may not, for purposes | ||||||
| 15 | of evaluating an Illinois a Department of State Police | ||||||
| 16 | officer's job performance, compare the number of citations | ||||||
| 17 | issued by the Illinois Department of State Police officer to | ||||||
| 18 | the number of citations issued by any other Illinois Department | ||||||
| 19 | of State Police officer who has similar job duties. Nothing in | ||||||
| 20 | this Section shall prohibit the Illinois State Police | ||||||
| 21 | Department from evaluating an Illinois a Department of State | ||||||
| 22 | Police officer based on the Illinois Department of State Police | ||||||
| 23 | officer's points of contact. For the purposes of this Section, | ||||||
| 24 | "points of contact" means any quantifiable contact made in the | ||||||
| 25 | furtherance of the Illinois Department of State Police | ||||||
| |||||||
| |||||||
| 1 | officer's duties, including, but not limited to, the number of | ||||||
| 2 | traffic stops completed, arrests, written warnings, and crime | ||||||
| 3 | prevention measures. Points of contact shall not include either | ||||||
| 4 | the issuance of citations or the number of citations issued by | ||||||
| 5 | an Illinois a Department of State Police officer.
| ||||||
| 6 | (Source: P.A. 98-650, eff. 1-1-15.)
| ||||||
| 7 | (20 ILCS 2610/30) | ||||||
| 8 | Sec. 30. Patrol vehicles with in-car video recording | ||||||
| 9 | cameras. | ||||||
| 10 | (a) Definitions. As used in this Section: | ||||||
| 11 | "Audio recording" means the recorded conversation | ||||||
| 12 | between an officer and a second party. | ||||||
| 13 | "Emergency lights" means oscillating, rotating, or | ||||||
| 14 | flashing lights on patrol vehicles. | ||||||
| 15 | "In-car video camera" means a video camera located in | ||||||
| 16 | an Illinois State Police a Department patrol vehicle. | ||||||
| 17 | "In-car video camera recording equipment" means a | ||||||
| 18 | video camera recording system located in an Illinois State | ||||||
| 19 | Police a Department patrol vehicle consisting of a camera | ||||||
| 20 | assembly, recording mechanism, and an in-car video | ||||||
| 21 | recording medium. | ||||||
| 22 | "Enforcement stop" means an action by an officer of the | ||||||
| 23 | Illinois State Police Department in relation to | ||||||
| 24 | enforcement and investigation duties, including but not | ||||||
| 25 | limited to, traffic stops, pedestrian stops, abandoned | ||||||
| |||||||
| |||||||
| 1 | vehicle contacts, motorist assists, commercial motor | ||||||
| 2 | vehicle stops, roadside safety checks, requests for | ||||||
| 3 | identification, or responses to requests for emergency | ||||||
| 4 | assistance. | ||||||
| 5 | "Recording" means the process of capturing data or | ||||||
| 6 | information stored on a recording medium as required under | ||||||
| 7 | this Section. | ||||||
| 8 | "Recording medium" means any recording medium | ||||||
| 9 | authorized by the Illinois State Police Department for the | ||||||
| 10 | retention and playback of recorded audio and video | ||||||
| 11 | including, but not limited to, VHS, DVD, hard drive, solid | ||||||
| 12 | state, digital, or flash memory technology. | ||||||
| 13 | "Wireless microphone" means a device devise worn by the | ||||||
| 14 | officer or any other equipment used to record conversations | ||||||
| 15 | between the officer and a second party and transmitted to | ||||||
| 16 | the recording equipment. | ||||||
| 17 | (b) By June 1, 2009, the Illinois State Police Department | ||||||
| 18 | shall install in-car video camera recording equipment in all | ||||||
| 19 | patrol vehicles. Subject to appropriation, all patrol vehicles | ||||||
| 20 | shall be equipped with in-car video camera recording equipment | ||||||
| 21 | with a recording medium capable of recording for a period of 10 | ||||||
| 22 | hours or more by June 1, 2011. In-car video camera recording | ||||||
| 23 | equipment shall be capable of making audio recordings with the | ||||||
| 24 | assistance of a wireless microphone. | ||||||
| 25 | (c) As of the effective date of this amendatory Act of the | ||||||
| 26 | 95th General Assembly, in-car video camera recording equipment | ||||||
| |||||||
| |||||||
| 1 | with a recording medium incapable of recording for a period of | ||||||
| 2 | 10 hours or more shall record activities outside a patrol | ||||||
| 3 | vehicle whenever (i) an officer assigned a patrol vehicle is | ||||||
| 4 | conducting an enforcement stop; (ii) patrol vehicle emergency | ||||||
| 5 | lights are activated or would otherwise be activated if not for | ||||||
| 6 | the need to conceal the presence of law enforcement; or (iii) | ||||||
| 7 | an officer reasonably believes recording may assist with | ||||||
| 8 | prosecution, enhance safety, or for any other lawful purpose. | ||||||
| 9 | As of the effective date of this amendatory Act of the 95th | ||||||
| 10 | General Assembly, in-car video camera recording equipment with | ||||||
| 11 | a recording medium incapable of recording for a period of 10 | ||||||
| 12 | hours or more shall record activities inside the vehicle when | ||||||
| 13 | transporting an arrestee or when an officer reasonably believes | ||||||
| 14 | recording may assist with prosecution, enhance safety, or for | ||||||
| 15 | any other lawful purpose. | ||||||
| 16 | (1) Recording for an enforcement stop shall begin when | ||||||
| 17 | the officer determines an enforcement stop is necessary and | ||||||
| 18 | shall continue until the enforcement action has been | ||||||
| 19 | completed and the subject of the enforcement stop or the | ||||||
| 20 | officer has left the scene. | ||||||
| 21 | (2) Recording shall begin when patrol vehicle | ||||||
| 22 | emergency lights are activated or when they would otherwise | ||||||
| 23 | be activated if not for the need to conceal the presence of | ||||||
| 24 | law enforcement, and shall continue until the reason for | ||||||
| 25 | the activation ceases to exist, regardless of whether the | ||||||
| 26 | emergency lights are no longer activated. | ||||||
| |||||||
| |||||||
| 1 | (3) An officer may begin recording if the officer | ||||||
| 2 | reasonably believes recording may assist with prosecution, | ||||||
| 3 | enhance safety, or for any other lawful purpose; and shall | ||||||
| 4 | continue until the reason for recording ceases to exist. | ||||||
| 5 | (d) In-car video camera recording equipment with a | ||||||
| 6 | recording medium capable of recording for a period of 10 hours | ||||||
| 7 | or more shall record activities whenever a patrol vehicle is | ||||||
| 8 | assigned to patrol duty. | ||||||
| 9 | (e) Any enforcement stop resulting from a suspected | ||||||
| 10 | violation of the Illinois Vehicle Code shall be video and audio | ||||||
| 11 | recorded. Audio recording shall terminate upon release of the | ||||||
| 12 | violator and prior to initiating a separate criminal | ||||||
| 13 | investigation. | ||||||
| 14 | (f) Recordings made on in-car video camera recording medium | ||||||
| 15 | shall be retained by the Illinois State Police Department for a | ||||||
| 16 | storage period of at least 90 days. Under no circumstances | ||||||
| 17 | shall any recording made on in-car video camera recording | ||||||
| 18 | medium be altered or erased prior to the expiration of the | ||||||
| 19 | designated storage period. Upon completion of the storage | ||||||
| 20 | period, the recording medium may be erased and reissued for | ||||||
| 21 | operational use unless otherwise ordered by the District | ||||||
| 22 | Commander or his or her designee or by a court, or if | ||||||
| 23 | designated for evidentiary or training purposes. | ||||||
| 24 | (g) Audio or video recordings made pursuant to this Section | ||||||
| 25 | shall be available under the applicable provisions of the | ||||||
| 26 | Freedom of Information Act. Only recorded portions of the audio | ||||||
| |||||||
| |||||||
| 1 | recording or video recording medium applicable to the request | ||||||
| 2 | will be available for inspection or copying. | ||||||
| 3 | (h) The Illinois State Police Department shall ensure | ||||||
| 4 | proper care and maintenance of in-car video camera recording | ||||||
| 5 | equipment and recording medium. An officer operating a patrol | ||||||
| 6 | vehicle must immediately document and notify the District | ||||||
| 7 | Commander or his or her designee of any technical difficulties, | ||||||
| 8 | failures, or problems with the in-car video camera recording | ||||||
| 9 | equipment or recording medium. Upon receiving notice, the | ||||||
| 10 | District Commander or his or her designee shall make every | ||||||
| 11 | reasonable effort to correct and repair any of the in-car video | ||||||
| 12 | camera recording equipment or recording medium and determine if | ||||||
| 13 | it is in the public interest to permit the use of the patrol | ||||||
| 14 | vehicle. | ||||||
| 15 | (i) The Illinois State Police Department may promulgate | ||||||
| 16 | rules to implement this amendatory Act of the 95th General | ||||||
| 17 | Assembly only to the extent necessary to apply the existing | ||||||
| 18 | rules or applicable internal directives.
| ||||||
| 19 | (Source: P.A. 95-1009, eff. 12-15-08.)
| ||||||
| 20 | (20 ILCS 2610/35) | ||||||
| 21 | Sec. 35. Officer-worn body cameras; policy; training. | ||||||
| 22 | (a) For the purposes of this Section, "officer-worn body | ||||||
| 23 | camera" shall have the same meaning as defined in Section 10 of | ||||||
| 24 | the Law Enforcement Officer-Worn Body Camera Act. | ||||||
| 25 | (b) If the Illinois State Police Department employs the use | ||||||
| |||||||
| |||||||
| 1 | of officer-worn body cameras, the Illinois State Police | ||||||
| 2 | Department shall develop a written policy which must include, | ||||||
| 3 | at a minimum, the guidelines established by the Law Enforcement | ||||||
| 4 | Officer-Worn Body Camera Act. | ||||||
| 5 | (c) The Illinois State Police Department shall provide | ||||||
| 6 | training to those officers who utilize officer-worn body | ||||||
| 7 | cameras.
| ||||||
| 8 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 9 | (20 ILCS 2610/38) | ||||||
| 10 | Sec. 38. Disposal of medications. The Illinois State Police | ||||||
| 11 | Department may by rule authorize State Police officers to | ||||||
| 12 | dispose of any unused medications under Section 18 of the Safe | ||||||
| 13 | Pharmaceutical Disposal Act.
| ||||||
| 14 | (Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.)
| ||||||
| 15 | (20 ILCS 2610/40) | ||||||
| 16 | Sec. 40. Training; administration of epinephrine. | ||||||
| 17 | (a) This Section, along with Section 10.19 of the Illinois | ||||||
| 18 | Police Training Act, may be referred to as the Annie LeGere | ||||||
| 19 | Law. | ||||||
| 20 | (b) For the purposes of this Section, "epinephrine | ||||||
| 21 | auto-injector" means a single-use device used for the automatic | ||||||
| 22 | injection of a pre-measured dose of epinephrine into the human | ||||||
| 23 | body prescribed in the name of the Illinois State Police | ||||||
| 24 | Department. | ||||||
| |||||||
| |||||||
| 1 | (c) The Illinois State Police Department may conduct or | ||||||
| 2 | approve a training program for State Police officers to | ||||||
| 3 | recognize and respond to anaphylaxis, including, but not | ||||||
| 4 | limited to: | ||||||
| 5 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 6 | (2) how to respond to an emergency involving an | ||||||
| 7 | allergic reaction; | ||||||
| 8 | (3) how to administer an epinephrine auto-injector; | ||||||
| 9 | (4) how to respond to an individual with a known | ||||||
| 10 | allergy as well as an individual with a previously unknown | ||||||
| 11 | allergy; | ||||||
| 12 | (5) a test demonstrating competency of the knowledge | ||||||
| 13 | required to recognize anaphylaxis and administer an | ||||||
| 14 | epinephrine auto-injector; and | ||||||
| 15 | (6) other criteria as determined in rules adopted by | ||||||
| 16 | the Illinois State Police Department. | ||||||
| 17 | (d) The Illinois State Police Department may authorize a | ||||||
| 18 | State Police officer who has completed the training program | ||||||
| 19 | under subsection (c) to carry, administer, or assist with the | ||||||
| 20 | administration of epinephrine auto-injectors whenever he or | ||||||
| 21 | she is performing official duties. | ||||||
| 22 | (e) The Illinois State Police Department must establish a | ||||||
| 23 | written policy to control the acquisition, storage, | ||||||
| 24 | transportation, administration, and disposal of epinephrine | ||||||
| 25 | auto-injectors before it allows any State Police officer to | ||||||
| 26 | carry and administer epinephrine auto-injectors. | ||||||
| |||||||
| |||||||
| 1 | (f) A physician, physician physician's assistant with | ||||||
| 2 | prescriptive authority, or advanced practice registered nurse | ||||||
| 3 | with prescriptive authority may provide a standing protocol or | ||||||
| 4 | prescription for epinephrine auto-injectors in the name of the | ||||||
| 5 | Illinois State Police Department to be maintained for use when | ||||||
| 6 | necessary. | ||||||
| 7 | (g) When a State Police officer administers an epinephrine | ||||||
| 8 | auto-injector in good faith, the officer and the Illinois State | ||||||
| 9 | Police Department, and its employees and agents, including a | ||||||
| 10 | physician, physician physician's assistant with prescriptive | ||||||
| 11 | authority, or advanced practice registered nurse with | ||||||
| 12 | prescriptive authority who provides a standing order or | ||||||
| 13 | prescription for an epinephrine auto-injector, incur no civil | ||||||
| 14 | or professional liability, except for willful and wanton | ||||||
| 15 | conduct, as a result of any injury or death arising from the | ||||||
| 16 | use of an epinephrine auto-injector.
| ||||||
| 17 | (Source: P.A. 100-201, eff. 8-18-17; 100-648, eff. 7-31-18; | ||||||
| 18 | revised 7-12-19.)
| ||||||
| 19 | (20 ILCS 2610/45) | ||||||
| 20 | Sec. 45. Compliance with the Health Care Violence | ||||||
| 21 | Prevention Act; training. The Illinois State Police Department | ||||||
| 22 | shall comply with the Health Care Violence Prevention Act and | ||||||
| 23 | shall provide an appropriate level of training for its officers | ||||||
| 24 | concerning the Health Care Violence Prevention Act.
| ||||||
| 25 | (Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 205. The State Police Radio Act is amended by | ||||||
| 2 | changing Sections 0.01, 1, 2, 6, and 10 as follows:
| ||||||
| 3 | (20 ILCS 2615/0.01) (from Ch. 121, par. 307.20)
| ||||||
| 4 | Sec. 0.01. Short title. This Act may be cited as the | ||||||
| 5 | Illinois
State Police Radio Act.
| ||||||
| 6 | (Source: P.A. 86-1324.)
| ||||||
| 7 | (20 ILCS 2615/1) (from Ch. 121, par. 307.21)
| ||||||
| 8 | Sec. 1.
The Illinois Department of State Police is | ||||||
| 9 | authorized
to purchase, lease
or otherwise acquire and operate | ||||||
| 10 | one or more radio broadcasting stations in
the State to be used | ||||||
| 11 | for police purposes only. Such radio stations shall
broadcast | ||||||
| 12 | all police dispatches and reports submitted to them which | ||||||
| 13 | pertain
to the apprehension of criminals, the prevention of | ||||||
| 14 | crime and the
maintenance of law and order in order to assist | ||||||
| 15 | peace officers more
effectively to discharge their duties.
| ||||||
| 16 | (Source: P.A. 84-25.)
| ||||||
| 17 | (20 ILCS 2615/2) (from Ch. 121, par. 307.22)
| ||||||
| 18 | Sec. 2.
The Illinois Department of State Police, the county
| ||||||
| 19 | board of any county,
the city council of any city and the board | ||||||
| 20 | of trustees of any village or
incorporated town are authorized | ||||||
| 21 | to purchase or acquire and furnish radio
receiving sets to all | ||||||
| 22 | peace officers under their jurisdiction. These radio
receiving | ||||||
| |||||||
| |||||||
| 1 | sets shall only be used by such officers in the performance of
| ||||||
| 2 | their duties as police officers in this State and shall always | ||||||
| 3 | be set and
in readiness to receive any report or message that | ||||||
| 4 | may be broadcasted from
any radio broadcasting station operated | ||||||
| 5 | by the Illinois Department of State Police
under this Act. | ||||||
| 6 | Every police officer receiving a radio set
shall make a report | ||||||
| 7 | to the Illinois Department of State Police
at such times and
| ||||||
| 8 | containing such information as the Department may require.
| ||||||
| 9 | (Source: P.A. 84-25.)
| ||||||
| 10 | (20 ILCS 2615/6) (from Ch. 121, par. 307.26)
| ||||||
| 11 | Sec. 6.
The Illinois Department of State Police is | ||||||
| 12 | authorized
to use any money
appropriated to it for the purpose | ||||||
| 13 | of patrolling and policing the public
highways in carrying out | ||||||
| 14 | the provisions of this Act.
| ||||||
| 15 | (Source: P.A. 84-25.)
| ||||||
| 16 | (20 ILCS 2615/10) | ||||||
| 17 | Sec. 10. Public safety radio interoperability. Upon their | ||||||
| 18 | establishment and thereafter, the Director of the Illinois | ||||||
| 19 | State Police, or his or her designee, shall serve as the | ||||||
| 20 | chairman of the Illinois Statewide Interoperability Executive | ||||||
| 21 | Committee (SIEC) and as the chairman of the STARCOM21 Oversight | ||||||
| 22 | Committee. The Director, as chairman, may increase the size and | ||||||
| 23 | makeup of the voting membership of each committee when deemed | ||||||
| 24 | necessary for improved public safety radio interoperability, | ||||||
| |||||||
| |||||||
| 1 | but the voting membership of each committee must represent | ||||||
| 2 | public safety users (police, fire, or EMS) and must, at a | ||||||
| 3 | minimum, include the representatives specified in this | ||||||
| 4 | Section. The STARCOM21 Oversight Committee must comprise | ||||||
| 5 | public safety users accessing the system. The SIEC shall have | ||||||
| 6 | at a minimum one representative from each of the following: the | ||||||
| 7 | Illinois Fire Chiefs Association, the Rural Fire Protection | ||||||
| 8 | Association, the Office of the State Fire Marshal, the Illinois | ||||||
| 9 | Association of Chiefs of Police, the Illinois Sheriffs' | ||||||
| 10 | Association, the Illinois State Police, the Illinois Emergency | ||||||
| 11 | Management Agency, the Department of Public Health, and the | ||||||
| 12 | Secretary of State Police (which representative shall be the | ||||||
| 13 | Director of the Secretary of State Police or his or her | ||||||
| 14 | designee).
| ||||||
| 15 | (Source: P.A. 94-1005, eff. 7-3-06.)
| ||||||
| 16 | Section 210. The Narcotic Control Division Abolition Act is | ||||||
| 17 | amended by changing Sections 1, 2, 3, 4, 5, 6, 7, and 8 as | ||||||
| 18 | follows:
| ||||||
| 19 | (20 ILCS 2620/1) (from Ch. 127, par. 55d)
| ||||||
| 20 | Sec. 1.
The Division of Narcotic Control is abolished and | ||||||
| 21 | its functions are
transferred to and shall be administered by | ||||||
| 22 | the Illinois Department of State Police.
| ||||||
| 23 | When used in this Act, unless the context otherwise | ||||||
| 24 | indicates:
| ||||||
| |||||||
| |||||||
| 1 | "Department" means the Department of State Police;
| ||||||
| 2 | "Director" means the Director of the Illinois Department of | ||||||
| 3 | State Police.
| ||||||
| 4 | (Source: P.A. 84-25.)
| ||||||
| 5 | (20 ILCS 2620/2) (from Ch. 127, par. 55e)
| ||||||
| 6 | Sec. 2.
The Illinois State Police Department shall enforce | ||||||
| 7 | all laws regulating the production, sale,
prescribing, | ||||||
| 8 | manufacturing, administering, transporting, having in
| ||||||
| 9 | possession, dispensing, delivering, distributing or use of | ||||||
| 10 | controlled
substances as defined in the "Illinois Controlled | ||||||
| 11 | Substances Act", and
cannabis as defined in the "Cannabis | ||||||
| 12 | Control Act" enacted by the 77th
General Assembly, as now or | ||||||
| 13 | hereafter amended, and any other duties
conferred upon the | ||||||
| 14 | Illinois State Police Department by law.
| ||||||
| 15 | (Source: P.A. 77-770.)
| ||||||
| 16 | (20 ILCS 2620/3) (from Ch. 127, par. 55f)
| ||||||
| 17 | Sec. 3.
The Director may, in conformity with the Personnel | ||||||
| 18 | Code, employ
such inspectors, physicians, pharmacists, | ||||||
| 19 | chemists, clerical and other
employees as are necessary to | ||||||
| 20 | carry out the duties of the Illinois State Police Department.
| ||||||
| 21 | (Source: P.A. 76-442.)
| ||||||
| 22 | (20 ILCS 2620/4) (from Ch. 127, par. 55g)
| ||||||
| 23 | Sec. 4.
The Director and the inspectors appointed by him | ||||||
| |||||||
| |||||||
| 1 | are conservators of the
peace and as such have all the powers | ||||||
| 2 | possessed by policemen in cities and
by sheriffs, except that | ||||||
| 3 | they may exercise such powers anywhere in the
State, in | ||||||
| 4 | enforcing the duties conferred upon the Illinois State Police | ||||||
| 5 | Department by Section 2
of this Act.
| ||||||
| 6 | (Source: P.A. 76-442.)
| ||||||
| 7 | (20 ILCS 2620/5) (from Ch. 127, par. 55h)
| ||||||
| 8 | Sec. 5.
The Illinois State Police Department shall advise | ||||||
| 9 | and inform local and other State
law-enforcement officers of | ||||||
| 10 | various controlled substances and cannabis
law-enforcement | ||||||
| 11 | practices and shall establish a central office where local
and | ||||||
| 12 | other State law-enforcement officers may report controlled | ||||||
| 13 | substances
and cannabis violations and obtain information | ||||||
| 14 | about controlled substances
and cannabis violators. Every | ||||||
| 15 | local and other State law-enforcement officer
shall report any | ||||||
| 16 | violation of the controlled substances and cannabis laws
of | ||||||
| 17 | this State to the Illinois State Police Department.
| ||||||
| 18 | (Source: P.A. 77-770.)
| ||||||
| 19 | (20 ILCS 2620/6) (from Ch. 127, par. 55i)
| ||||||
| 20 | Sec. 6.
The Illinois Department of State Police is | ||||||
| 21 | authorized to establish
laboratories for the purpose of testing | ||||||
| 22 | of controlled substances and
cannabis which are seized.
| ||||||
| 23 | The Illinois Department of State Police shall formulate, | ||||||
| 24 | adopt and put into
effect such reasonable rules and regulations | ||||||
| |||||||
| |||||||
| 1 | as are necessary to carry
out the provisions of this Act.
| ||||||
| 2 | (Source: P.A. 85-1042.)
| ||||||
| 3 | (20 ILCS 2620/7) (from Ch. 127, par. 55j)
| ||||||
| 4 | Sec. 7. Expenditures; evidence; forfeited property.
| ||||||
| 5 | (a) The Director and the inspectors appointed by him, when | ||||||
| 6 | authorized
by the Director, may expend such sums as the | ||||||
| 7 | Director deems necessary in
the purchase of controlled | ||||||
| 8 | substances and cannabis for evidence and in the
employment of | ||||||
| 9 | persons to obtain evidence.
| ||||||
| 10 | Such sums to be expended shall be advanced to the officer | ||||||
| 11 | who is to make
such purchase or employment from funds | ||||||
| 12 | appropriated or made available by
law for the support or use of | ||||||
| 13 | the Illinois State Police Department on vouchers therefor | ||||||
| 14 | signed
by the Director. The Director and such officers are | ||||||
| 15 | authorized to maintain
one or more commercial checking accounts | ||||||
| 16 | with any State banking corporation
or corporations organized | ||||||
| 17 | under or subject to the Illinois Banking Act for
the deposit | ||||||
| 18 | and withdrawal of moneys to be used for the purchase of | ||||||
| 19 | evidence
and for the employment of persons to obtain evidence; | ||||||
| 20 | provided that no check
may be written on nor any withdrawal | ||||||
| 21 | made from any such account except on
the written signatures of | ||||||
| 22 | 2 persons designated by the Director to write
such checks and | ||||||
| 23 | make such withdrawals.
| ||||||
| 24 | (b) The Director is authorized to maintain one or more | ||||||
| 25 | commercial bank
accounts with any State banking corporation or | ||||||
| |||||||
| |||||||
| 1 | corporations organized under
or subject to the Illinois Banking | ||||||
| 2 | Act, as now or hereafter amended, for the
deposit or withdrawal | ||||||
| 3 | of (i) moneys forfeited to the Illinois State Police | ||||||
| 4 | Department, including
the proceeds of the sale of forfeited | ||||||
| 5 | property, as provided in Section 2 of
the State Officers and | ||||||
| 6 | Employees Money Disposition Act, as now or hereafter
amended, | ||||||
| 7 | pending disbursement to participating agencies and deposit of | ||||||
| 8 | the
Illinois State Police's Department's share as provided in | ||||||
| 9 | subsection (c), and (ii) all moneys
being held as evidence by | ||||||
| 10 | the Illinois State Police Department, pending final court | ||||||
| 11 | disposition;
provided that no check may be written on or any | ||||||
| 12 | withdrawal made from any such
account except on the written | ||||||
| 13 | signatures of 2 persons designated by the
Director to write | ||||||
| 14 | such checks and make such withdrawals.
| ||||||
| 15 | (c) All moneys received by the Illinois State Police as | ||||||
| 16 | their share of
forfeited funds (including the proceeds of the | ||||||
| 17 | sale of forfeited property)
received pursuant to the Drug Asset | ||||||
| 18 | Forfeiture Procedure Act, the Cannabis
Control Act, the | ||||||
| 19 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
| 20 | Control and Community Protection Act, the Environmental
| ||||||
| 21 | Protection Act, or any other Illinois law shall be deposited | ||||||
| 22 | into the State
Asset Forfeiture Fund, which is hereby created | ||||||
| 23 | as an interest-bearing special
fund in the State treasury.
| ||||||
| 24 | All moneys received by the Illinois State Police as their | ||||||
| 25 | share of
forfeited funds (including the proceeds of the sale of | ||||||
| 26 | forfeited property)
received pursuant to federal equitable | ||||||
| |||||||
| |||||||
| 1 | sharing transfers shall be deposited
into the Federal Asset | ||||||
| 2 | Forfeiture Fund, which is hereby created as an
interest-bearing | ||||||
| 3 | special fund in the State treasury.
| ||||||
| 4 | The moneys deposited into the State Asset Forfeiture Fund | ||||||
| 5 | and the
Federal Asset Forfeiture Fund shall be appropriated to | ||||||
| 6 | the Illinois Department of State
Police and may be used by the | ||||||
| 7 | Illinois State Police in accordance with law.
| ||||||
| 8 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
| 9 | (20 ILCS 2620/8) (from Ch. 127, par. 55k)
| ||||||
| 10 | Sec. 8. The Attorney General, upon the request of the | ||||||
| 11 | Illinois State Police Department, shall
prosecute any | ||||||
| 12 | violation of this Act, and of the Illinois Controlled
| ||||||
| 13 | Substances Act, the Cannabis Control Act, and the | ||||||
| 14 | Methamphetamine Control and Community Protection Act.
| ||||||
| 15 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
| 16 | Section 215. The Volunteer Firefighting Rescue Unit Use Act | ||||||
| 17 | is amended by changing the title of the Act and Sections 1, 2, | ||||||
| 18 | 3, and 4 as follows:
| ||||||
| 19 | (20 ILCS 2625/Act title)
| ||||||
| 20 | An Act relating to the use of rescue units of volunteer | ||||||
| 21 | fire fighting
organizations by the Illinois Department of State | ||||||
| 22 | Police and making an appropriation
therefor.
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2625/1) (from Ch. 127, par. 289)
| ||||||
| 2 | Sec. 1.
As used in this Act, unless the context otherwise | ||||||
| 3 | requires, the
following terms have the following meanings:
| ||||||
| 4 | Department means the Department of State Police;
| ||||||
| 5 | Rescue unit means a unit of an unpaid volunteer fire | ||||||
| 6 | fighting
organization which is specially trained for emergency | ||||||
| 7 | rescue work such as
resuscitation of heart attack, drowning, | ||||||
| 8 | suffocation or epilepsy victims,
recovery of bodies of drowning | ||||||
| 9 | victims and similar activities;
| ||||||
| 10 | District means a geographical area designated by the | ||||||
| 11 | Illinois State Police Department for
administration of laws by | ||||||
| 12 | the Division of Fire Prevention of the
Illinois State Police | ||||||
| 13 | Department.
| ||||||
| 14 | (Source: P.A. 84-25.)
| ||||||
| 15 | (20 ILCS 2625/2) (from Ch. 127, par. 290)
| ||||||
| 16 | Sec. 2.
The Illinois State Police Department may request | ||||||
| 17 | the cooperation and use of facilities of
any rescue unit to aid | ||||||
| 18 | it when engaged in any activity designed to save
human life or | ||||||
| 19 | to recover the body of a victim. Such a request shall be
| ||||||
| 20 | directed to a rescue unit or units located within the district | ||||||
| 21 | where the
rescue work is to be performed. If there is no rescue | ||||||
| 22 | unit located within
the district or if there are not sufficient | ||||||
| 23 | rescue units therein to perform
the required work, requests may | ||||||
| 24 | be directed to rescue units located in
other districts.
| ||||||
| 25 | (Source: Laws 1953, p. 178.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2625/3) (from Ch. 127, par. 291)
| ||||||
| 2 | Sec. 3.
When the Illinois State Police Department requests | ||||||
| 3 | the services of a rescue unit it shall
pay the personnel of | ||||||
| 4 | such unit for time actually spent in rescue work at
the rate of | ||||||
| 5 | $2.50 per hour.
| ||||||
| 6 | (Source: Laws 1953, p. 178.)
| ||||||
| 7 | (20 ILCS 2625/4) (from Ch. 127, par. 292)
| ||||||
| 8 | Sec. 4.
If any equipment of a volunteer fire fighting | ||||||
| 9 | organization is
lost or damaged while its rescue unit is | ||||||
| 10 | engaged in rescue work at the
request of the Illinois State | ||||||
| 11 | Police Department, it shall be reimbursed by the State of
| ||||||
| 12 | Illinois. A claim for such reimbursement may be filed with the | ||||||
| 13 | Court of
Claims.
| ||||||
| 14 | (Source: Laws 1953, p. 178.)
| ||||||
| 15 | Section 220. The Criminal Identification Act is amended by | ||||||
| 16 | changing Sections 1, 2, 2.1, 2.2, 3, 3.1, 3.3, 4, 4.5, 5, 5.2, | ||||||
| 17 | 7, 7.5, 8, 9, 9.5, 10, 13, and 14 as follows:
| ||||||
| 18 | (20 ILCS 2630/1) (from Ch. 38, par. 206-1)
| ||||||
| 19 | Sec. 1.
The Illinois Department of State Police hereinafter
| ||||||
| 20 | referred to as the
"Department", is hereby empowered to cope | ||||||
| 21 | with the task of criminal
identification and investigation.
| ||||||
| 22 | The Director of the Illinois Department of State Police
| ||||||
| |||||||
| |||||||
| 1 | shall, from time to
time, appoint such employees or assistants | ||||||
| 2 | as may be necessary to carry out
this work. Employees or | ||||||
| 3 | assistants so appointed shall receive salaries
subject to the | ||||||
| 4 | standard pay plan provided for in the "Personnel Code",
| ||||||
| 5 | approved July 18, 1955, as amended.
| ||||||
| 6 | (Source: P.A. 84-25.)
| ||||||
| 7 | (20 ILCS 2630/2) (from Ch. 38, par. 206-2)
| ||||||
| 8 | Sec. 2.
The Illinois State Police Department shall procure | ||||||
| 9 | and file for record, as far as can be
procured from any source, | ||||||
| 10 | photographs, all plates, outline pictures,
measurements, | ||||||
| 11 | descriptions and information of all persons who have been
| ||||||
| 12 | arrested on a charge of violation of a penal statute of this | ||||||
| 13 | State and such
other information as is necessary and helpful to | ||||||
| 14 | plan programs of crime
prevention, law enforcement and criminal | ||||||
| 15 | justice, and aid in the
furtherance of those programs.
| ||||||
| 16 | (Source: P.A. 76-444.)
| ||||||
| 17 | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
| ||||||
| 18 | Sec. 2.1. For the purpose of maintaining complete and | ||||||
| 19 | accurate
criminal records of the Illinois Department of State | ||||||
| 20 | Police, it is necessary for all
policing bodies of this State, | ||||||
| 21 | the clerk of the circuit court, the Illinois
Department of | ||||||
| 22 | Corrections, the sheriff of each county, and State's Attorney
| ||||||
| 23 | of each county to submit certain criminal arrest, charge, and | ||||||
| 24 | disposition
information to the Illinois State Police | ||||||
| |||||||
| |||||||
| 1 | Department for filing at the earliest time possible.
Unless | ||||||
| 2 | otherwise noted herein, it shall be the duty of all policing | ||||||
| 3 | bodies
of this State, the clerk of the circuit court, the | ||||||
| 4 | Illinois Department of
Corrections, the sheriff of each county, | ||||||
| 5 | and the State's Attorney of each
county to report such | ||||||
| 6 | information as provided in this Section, both in the
form and | ||||||
| 7 | manner required by the Illinois State Police Department and | ||||||
| 8 | within 30 days of the
criminal history event. Specifically:
| ||||||
| 9 | (a) Arrest Information. All agencies making arrests | ||||||
| 10 | for offenses which
are required by statute to be collected, | ||||||
| 11 | maintained or disseminated by the Illinois
Department of | ||||||
| 12 | State Police shall be responsible
for furnishing daily to | ||||||
| 13 | the Illinois State Police Department fingerprints, charges | ||||||
| 14 | and
descriptions of all persons who are arrested for such | ||||||
| 15 | offenses. All such
agencies shall also notify the Illinois | ||||||
| 16 | State Police Department of all decisions by the arresting
| ||||||
| 17 | agency not to refer
such arrests for prosecution. With | ||||||
| 18 | approval of the Illinois State Police Department, an agency
| ||||||
| 19 | making such arrests may enter into
arrangements with other | ||||||
| 20 | agencies for the purpose of furnishing daily such
| ||||||
| 21 | fingerprints, charges and descriptions to the Illinois | ||||||
| 22 | State Police Department upon its behalf.
| ||||||
| 23 | (b) Charge Information. The State's Attorney of each | ||||||
| 24 | county shall notify
the Illinois State Police Department of | ||||||
| 25 | all charges filed and all petitions filed alleging that a
| ||||||
| 26 | minor is delinquent, including all those added subsequent
| ||||||
| |||||||
| |||||||
| 1 | to the filing of a case, and whether charges were not filed
| ||||||
| 2 | in cases for which the Illinois State Police Department has | ||||||
| 3 | received information
required to be reported pursuant to | ||||||
| 4 | paragraph (a) of this Section.
With approval of the | ||||||
| 5 | Illinois State Police Department, the State's Attorney may | ||||||
| 6 | enter into
arrangements with other agencies for the
purpose | ||||||
| 7 | of furnishing the information required by this subsection | ||||||
| 8 | (b) to the Illinois State Police
Department upon the | ||||||
| 9 | State's Attorney's behalf.
| ||||||
| 10 | (c) Disposition Information. The clerk of the circuit | ||||||
| 11 | court of each county
shall furnish the Illinois State | ||||||
| 12 | Police Department, in the form and manner required by the | ||||||
| 13 | Supreme
Court, with all final dispositions of cases for | ||||||
| 14 | which the Illinois State Police Department
has received | ||||||
| 15 | information required to be reported pursuant to paragraph | ||||||
| 16 | (a)
or (d) of this Section. Such information shall include, | ||||||
| 17 | for each charge,
all (1) judgments of not guilty, judgments | ||||||
| 18 | of guilty including the sentence
pronounced by the court | ||||||
| 19 | with statutory citations to the relevant sentencing | ||||||
| 20 | provision,
findings that a minor is delinquent
and any | ||||||
| 21 | sentence made based on those findings,
discharges and | ||||||
| 22 | dismissals in the court; (2)
reviewing court orders filed | ||||||
| 23 | with the clerk of the circuit court which
reverse or remand | ||||||
| 24 | a reported conviction
or findings that a minor is | ||||||
| 25 | delinquent
or that vacate or modify a sentence
or sentence | ||||||
| 26 | made following a trial that a minor is
delinquent;
(3)
| ||||||
| |||||||
| |||||||
| 1 | continuances to a date certain in furtherance of an order | ||||||
| 2 | of supervision
granted under Section 5-6-1 of the Unified | ||||||
| 3 | Code of Corrections or an order
of probation granted under | ||||||
| 4 | Section 10 of the Cannabis Control Act, Section
410 of the | ||||||
| 5 | Illinois Controlled Substances Act, Section 70 of the | ||||||
| 6 | Methamphetamine Control and Community Protection Act, | ||||||
| 7 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
| 8 | the
Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 9 | Section 10-102 of the Illinois Alcoholism and
Other Drug | ||||||
| 10 | Dependency Act, Section 40-10 of the Substance Use Disorder | ||||||
| 11 | Act, Section 10 of the Steroid Control Act, or
Section | ||||||
| 12 | 5-615 of the Juvenile Court Act of 1987; and
(4) judgments | ||||||
| 13 | or court orders terminating or revoking a sentence
to or | ||||||
| 14 | juvenile disposition of probation, supervision or | ||||||
| 15 | conditional
discharge and any resentencing
or new court | ||||||
| 16 | orders entered by a juvenile court relating to the | ||||||
| 17 | disposition
of a minor's case involving delinquency
after | ||||||
| 18 | such revocation.
| ||||||
| 19 | (d) Fingerprints After Sentencing.
| ||||||
| 20 | (1) After the court pronounces sentence,
sentences | ||||||
| 21 | a minor following a trial in which a minor was found to | ||||||
| 22 | be
delinquent
or issues an order of supervision or an | ||||||
| 23 | order of probation granted under
Section 10 of the | ||||||
| 24 | Cannabis Control Act, Section 410 of the Illinois
| ||||||
| 25 | Controlled Substances Act, Section 70 of the | ||||||
| 26 | Methamphetamine Control and Community Protection Act, | ||||||
| |||||||
| |||||||
| 1 | Section 12-4.3 or subdivision (b)(1) of Section | ||||||
| 2 | 12-3.05 of the Criminal Code of
1961 or the Criminal | ||||||
| 3 | Code of 2012, Section 10-102 of the Illinois Alcoholism | ||||||
| 4 | and Other Drug Dependency
Act, Section 40-10 of the | ||||||
| 5 | Substance Use Disorder Act, Section 10 of the Steroid | ||||||
| 6 | Control Act, or Section
5-615 of
the Juvenile Court Act | ||||||
| 7 | of 1987 for any offense which
is required by statute to | ||||||
| 8 | be collected,
maintained, or disseminated by the | ||||||
| 9 | Illinois Department of State Police, the State's
| ||||||
| 10 | Attorney of each county shall ask the court to order a | ||||||
| 11 | law enforcement
agency to fingerprint immediately all | ||||||
| 12 | persons appearing before the court
who have not | ||||||
| 13 | previously been fingerprinted for the same case. The | ||||||
| 14 | court
shall so order the requested fingerprinting, if | ||||||
| 15 | it determines that any such
person has not previously | ||||||
| 16 | been fingerprinted for the same case. The law
| ||||||
| 17 | enforcement agency shall submit such fingerprints to | ||||||
| 18 | the Illinois State Police Department daily.
| ||||||
| 19 | (2) After the court pronounces sentence or makes a | ||||||
| 20 | disposition of a case
following a finding of | ||||||
| 21 | delinquency for any offense which is not
required by | ||||||
| 22 | statute to be collected, maintained, or disseminated | ||||||
| 23 | by the Illinois
Department of State Police, the | ||||||
| 24 | prosecuting attorney may ask the court to
order a law | ||||||
| 25 | enforcement agency to fingerprint immediately all | ||||||
| 26 | persons
appearing before the court who have not | ||||||
| |||||||
| |||||||
| 1 | previously been fingerprinted for
the same case. The | ||||||
| 2 | court may so order the requested fingerprinting, if it
| ||||||
| 3 | determines that any so sentenced person has not | ||||||
| 4 | previously been
fingerprinted for the same case. The | ||||||
| 5 | law enforcement agency may retain
such fingerprints in | ||||||
| 6 | its files.
| ||||||
| 7 | (e) Corrections Information. The Illinois Department | ||||||
| 8 | of Corrections and
the sheriff of each county shall furnish | ||||||
| 9 | the Illinois State Police Department with all information
| ||||||
| 10 | concerning the receipt, escape, execution, death, release, | ||||||
| 11 | pardon, parole,
commutation of sentence, granting of | ||||||
| 12 | executive clemency or discharge of
an individual who has | ||||||
| 13 | been sentenced or committed to the agency's custody
for any | ||||||
| 14 | offenses
which are mandated by statute to be collected, | ||||||
| 15 | maintained or disseminated
by the Illinois Department of | ||||||
| 16 | State Police. For an individual who has been charged
with | ||||||
| 17 | any such offense and who escapes from custody or dies while | ||||||
| 18 | in
custody, all information concerning the receipt and | ||||||
| 19 | escape or death,
whichever is appropriate, shall also be so | ||||||
| 20 | furnished to the Illinois State Police Department.
| ||||||
| 21 | (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19.)
| ||||||
| 22 | (20 ILCS 2630/2.2) | ||||||
| 23 | Sec. 2.2. Notification to the Illinois State Police | ||||||
| 24 | Department. Upon judgment of conviction of a violation of | ||||||
| 25 | Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 1961 or the Criminal Code of 2012 when the
| ||||||
| 2 | defendant has been determined, pursuant to Section 112A-11.1 of | ||||||
| 3 | the Code of Criminal Procedure of 1963,
to be subject to the | ||||||
| 4 | prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk | ||||||
| 5 | shall
include notification and a copy of the written | ||||||
| 6 | determination in a report
of the conviction to the Illinois | ||||||
| 7 | Department of State Police Firearm Owner's Identification Card | ||||||
| 8 | Office to
enable the office to perform its duties under | ||||||
| 9 | Sections 4 and 8 of the Firearm Owners Identification Card Act | ||||||
| 10 | and to report that determination to the Federal Bureau
of | ||||||
| 11 | Investigation to assist the Bureau in identifying persons | ||||||
| 12 | prohibited
from purchasing and possessing a firearm pursuant to | ||||||
| 13 | the provisions of
18 U.S.C. 922. The written determination | ||||||
| 14 | described in this Section shall be included in the defendant's | ||||||
| 15 | record of arrest and conviction in the manner and form | ||||||
| 16 | prescribed by the Illinois Department of State Police.
| ||||||
| 17 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 18 | (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
| ||||||
| 19 | Sec. 3. Information to be furnished peace officers and | ||||||
| 20 | commanding officers
of certain military installations in | ||||||
| 21 | Illinois. | ||||||
| 22 | (A) The Illinois State Police Department shall file or | ||||||
| 23 | cause to be filed all plates,
photographs, outline pictures, | ||||||
| 24 | measurements, descriptions and information
which shall be | ||||||
| 25 | received by it by virtue of its office and shall make a
| ||||||
| |||||||
| |||||||
| 1 | complete and systematic record and index of the same, providing | ||||||
| 2 | thereby a
method of convenient reference and comparison. The | ||||||
| 3 | Illinois State Police Department shall
furnish, upon | ||||||
| 4 | application, all information pertaining to the identification
| ||||||
| 5 | of any person or persons, a plate, photograph, outline picture, | ||||||
| 6 | description,
measurements, or any data of which there is a | ||||||
| 7 | record in its office. Such
information shall be furnished to | ||||||
| 8 | peace officers of the United States, of other
states or | ||||||
| 9 | territories, of the Insular possessions of the United States, | ||||||
| 10 | of
foreign countries duly authorized to receive the same, to | ||||||
| 11 | all peace officers of
the State of Illinois, to investigators | ||||||
| 12 | of the Illinois Law Enforcement
Training Standards Board and, | ||||||
| 13 | conviction information only, to units
of local government, | ||||||
| 14 | school districts, private organizations, and requesting | ||||||
| 15 | institutions as defined in Section 2605-345 of the Illinois | ||||||
| 16 | Department of State
Police Law under the
provisions of
Section | ||||||
| 17 | 2605-10, 2605-15, 2605-51, 2605-52, 2605-75, 2605-100, | ||||||
| 18 | 2605-105, 2605-110,
2605-115, 2605-120, 2605-130, 2605-140, | ||||||
| 19 | 2605-190, 2605-200, 2605-205, 2605-210,
2605-215, 2605-250, | ||||||
| 20 | 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
| ||||||
| 21 | 2605-340,
2605-345, 2605-350, 2605-355, 2605-360, 2605-365, | ||||||
| 22 | 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
2605-430, | ||||||
| 23 | 2605-435, 2605-500, 2605-525, or 2605-550 of the Illinois | ||||||
| 24 | Department of State
Police Law (20 ILCS 2605/2605-10, | ||||||
| 25 | 2605/2605-15,
2605/2605-75,
2605/2605-100, 2605/2605-105, | ||||||
| 26 | 2605/2605-110, 2605/2605-115,
2605/2605-120, 2605/2605-130, | ||||||
| |||||||
| |||||||
| 1 | 2605/2605-140, 2605/2605-190, 2605/2605-200,
2605/2605-205, | ||||||
| 2 | 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
| ||||||
| 3 | 2605/2605-300,
2605/2605-305, 2605/2605-315, 2605/2605-325, | ||||||
| 4 | 2605/2605-335, 2605/2605-340,
2605/2605-350, 2605/2605-355, | ||||||
| 5 | 2605/2605-360,
2605/2605-365, 2605/2605-375, 2605/2605-390,
| ||||||
| 6 | 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430, | ||||||
| 7 | 2605/2605-435,
2605/2605-500, 2605/2605-525, or | ||||||
| 8 | 2605/2605-550).
Applications shall be in writing and | ||||||
| 9 | accompanied by a certificate, signed by
the peace officer or | ||||||
| 10 | chief administrative officer or his designee making such
| ||||||
| 11 | application, to the effect that the information applied for is | ||||||
| 12 | necessary in the
interest of and will be used solely in the due | ||||||
| 13 | administration of the criminal
laws or for the purpose of | ||||||
| 14 | evaluating the qualifications and character of
employees, | ||||||
| 15 | prospective employees, volunteers, or prospective
volunteers | ||||||
| 16 | of units of local government, school districts, and private
| ||||||
| 17 | organizations, or for the purpose of evaluating the character | ||||||
| 18 | of persons who may be granted or denied access to municipal | ||||||
| 19 | utility facilities under Section 11-117.1-1 of the Illinois | ||||||
| 20 | Municipal Code.
| ||||||
| 21 | For the purposes of this subsection, "chief administrative | ||||||
| 22 | officer" is
defined as follows:
| ||||||
| 23 | a) The city manager of a city or, if a city does not | ||||||
| 24 | employ a city
manager,
the mayor of the city.
| ||||||
| 25 | b) The manager of a village or, if a village does not | ||||||
| 26 | employ a manager,
the president of the village.
| ||||||
| |||||||
| |||||||
| 1 | c) The chairman or president of a county board or, if a | ||||||
| 2 | county has adopted
the county executive form of government, | ||||||
| 3 | the chief executive officer of the
county.
| ||||||
| 4 | d) The president of the school board of a school | ||||||
| 5 | district.
| ||||||
| 6 | e) The supervisor of a township.
| ||||||
| 7 | f) The official granted general administrative control | ||||||
| 8 | of a special
district, an authority, or organization of | ||||||
| 9 | government establishment by law
which may issue | ||||||
| 10 | obligations and which either may levy a property tax or may
| ||||||
| 11 | expend funds of the district, authority, or organization | ||||||
| 12 | independently of any
parent unit of government.
| ||||||
| 13 | g) The executive officer granted general | ||||||
| 14 | administrative control of a
private organization defined | ||||||
| 15 | in Section 2605-335 of the Illinois Department of State | ||||||
| 16 | Police Law (20 ILCS 2605/2605-335).
| ||||||
| 17 | (B) Upon written application and payment of fees authorized | ||||||
| 18 | by this
subsection, State agencies and units of local | ||||||
| 19 | government, not including school
districts, are authorized to | ||||||
| 20 | submit fingerprints of employees, prospective
employees and | ||||||
| 21 | license applicants to the Illinois State Police Department for | ||||||
| 22 | the purpose of obtaining
conviction information maintained by | ||||||
| 23 | the Illinois State Police Department and the Federal Bureau of
| ||||||
| 24 | Investigation about such persons. The Illinois State Police | ||||||
| 25 | Department shall submit such
fingerprints to the Federal Bureau | ||||||
| 26 | of Investigation on behalf of such agencies
and units of local | ||||||
| |||||||
| |||||||
| 1 | government. The Illinois State Police Department shall charge | ||||||
| 2 | an application fee,
based on actual costs, for the | ||||||
| 3 | dissemination of conviction information pursuant
to this | ||||||
| 4 | subsection. The Illinois State Police Department is empowered | ||||||
| 5 | to establish this fee and
shall prescribe the form and manner | ||||||
| 6 | for requesting and furnishing conviction
information pursuant | ||||||
| 7 | to this subsection.
| ||||||
| 8 | (C) Upon payment of fees authorized by this subsection, the | ||||||
| 9 | Illinois State Police Department shall
furnish to the | ||||||
| 10 | commanding officer of a military installation in Illinois | ||||||
| 11 | having
an arms storage facility, upon written request of such | ||||||
| 12 | commanding officer or
his designee, and in the form and manner | ||||||
| 13 | prescribed by the Illinois State Police Department, all
| ||||||
| 14 | criminal history record information pertaining to any | ||||||
| 15 | individual seeking access
to such a storage facility, where | ||||||
| 16 | such information is sought pursuant to a
federally-mandated | ||||||
| 17 | security or criminal history check.
| ||||||
| 18 | The Illinois State Police Department shall establish and | ||||||
| 19 | charge a fee, not to exceed actual costs,
for providing | ||||||
| 20 | information pursuant to this subsection.
| ||||||
| 21 | (Source: P.A. 97-1120, eff. 1-1-13.)
| ||||||
| 22 | (20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
| ||||||
| 23 | Sec. 3.1. (a) The Illinois State Police Department may | ||||||
| 24 | furnish, pursuant to positive
identification, records of | ||||||
| 25 | convictions to the Department of Professional
Regulation for | ||||||
| |||||||
| |||||||
| 1 | the purpose of meeting registration or licensure
requirements | ||||||
| 2 | under the Private Detective, Private Alarm, Private Security,
| ||||||
| 3 | Fingerprint Vendor, and Locksmith Act of 2004.
| ||||||
| 4 | (b) The Illinois State Police Department may furnish, | ||||||
| 5 | pursuant to positive identification,
records of convictions to | ||||||
| 6 | policing bodies of this State for the purpose of
assisting | ||||||
| 7 | local liquor control commissioners in carrying out their
duty | ||||||
| 8 | to refuse to issue licenses to persons specified in paragraphs | ||||||
| 9 | (4),
(5) and (6) of Section 6-2 of the Liquor Control Act of | ||||||
| 10 | 1934.
| ||||||
| 11 | (c) The Illinois State Police Department shall charge an | ||||||
| 12 | application fee, based on actual
costs, for the dissemination | ||||||
| 13 | of records pursuant to this Section. Fees
received for the | ||||||
| 14 | dissemination of records pursuant to this Section shall be
| ||||||
| 15 | deposited in the State Police Services Fund. The Illinois State | ||||||
| 16 | Police Department is
empowered to establish this fee and to | ||||||
| 17 | prescribe the form and manner for
requesting and furnishing | ||||||
| 18 | conviction information pursuant to this Section.
| ||||||
| 19 | (d) Any dissemination of any information obtained pursuant | ||||||
| 20 | to this
Section to any person not specifically authorized | ||||||
| 21 | hereby to receive or use
it for the purpose for which it was | ||||||
| 22 | disseminated shall constitute a
violation of Section 7.
| ||||||
| 23 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
| 24 | (20 ILCS 2630/3.3) | ||||||
| 25 | Sec. 3.3. Federal Rap Back Service. | ||||||
| |||||||
| |||||||
| 1 | (a) In this Section: | ||||||
| 2 | "National criminal history record check" means a check of | ||||||
| 3 | criminal history records entailing the fingerprinting of the | ||||||
| 4 | person and submission of the fingerprints to the United States | ||||||
| 5 | Federal Bureau of Investigation for the purpose of obtaining | ||||||
| 6 | the national criminal history record of the person from the | ||||||
| 7 | Federal Bureau of Investigation. | ||||||
| 8 | "Rap Back Service" means the system that enables an | ||||||
| 9 | authorized agency or entity to receive ongoing status | ||||||
| 10 | notifications of any criminal history from the Illinois | ||||||
| 11 | Department of State Police or the Federal Bureau of | ||||||
| 12 | Investigation reported on a person whose fingerprints are | ||||||
| 13 | registered in the system, after approval and implementation of | ||||||
| 14 | the system. | ||||||
| 15 | (b) Agencies and entities in this State authorized by law | ||||||
| 16 | to conduct or obtain national criminal history background | ||||||
| 17 | checks for persons shall be eligible to participate in the | ||||||
| 18 | Federal Rap Back Service administered by the Illinois
| ||||||
| 19 | Department of State Police. The Illinois Department of State | ||||||
| 20 | Police may submit fingerprints to the Federal Bureau of | ||||||
| 21 | Investigation Rap Back Service to be retained in the Federal | ||||||
| 22 | Bureau of Investigation Rap Back Service for the purpose of | ||||||
| 23 | being searched by future submissions to the Federal Bureau of | ||||||
| 24 | Investigation Rap Back Service, including latent fingerprint | ||||||
| 25 | searches and to collect all Federal Rap Back Service fees from | ||||||
| 26 | eligible agencies and entities wishing to participate in the | ||||||
| |||||||
| |||||||
| 1 | Rap Back Service and remit those fees to the Federal Bureau of | ||||||
| 2 | Investigation. | ||||||
| 3 | (c) The Illinois Department of State Police may adopt any | ||||||
| 4 | rules necessary for implementation of this Section.
| ||||||
| 5 | (Source: P.A. 100-718, eff. 1-1-19.)
| ||||||
| 6 | (20 ILCS 2630/4) (from Ch. 38, par. 206-4)
| ||||||
| 7 | Sec. 4. The Illinois State Police Department may use the | ||||||
| 8 | following systems of identification: the Bertillon system, the | ||||||
| 9 | fingerprint finger print system, and any system of measurement
| ||||||
| 10 | or identification that may be adopted by law or rule in the | ||||||
| 11 | various penal
institutions or bureaus of identification | ||||||
| 12 | wherever located.
| ||||||
| 13 | The Illinois State Police Department shall make a record | ||||||
| 14 | consisting of duplicates of all
measurements, processes, | ||||||
| 15 | operations, signaletic signalletic cards, plates,
photographs, | ||||||
| 16 | outline pictures, measurements, descriptions of and data
| ||||||
| 17 | relating to all persons confined in penal institutions wherever | ||||||
| 18 | located, so
far as the same are obtainable, in accordance with | ||||||
| 19 | whatever system or
systems may be found most efficient and | ||||||
| 20 | practical.
| ||||||
| 21 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
| 22 | (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
| ||||||
| 23 | Sec. 5. Arrest reports. All policing bodies of this State | ||||||
| 24 | shall furnish to the Illinois State Police Department,
daily, | ||||||
| |||||||
| |||||||
| 1 | in the form and detail the Illinois State Police Department | ||||||
| 2 | requires, fingerprints,
descriptions, and ethnic and racial | ||||||
| 3 | background data as provided in Section 4.5 of this Act of all | ||||||
| 4 | persons who are arrested on charges of violating any penal
| ||||||
| 5 | statute of this State for offenses that are classified as | ||||||
| 6 | felonies and Class
A or B misdemeanors and of all minors of the | ||||||
| 7 | age of 10 and over who have been
arrested for an offense which | ||||||
| 8 | would be a felony if committed by an adult, and
may forward | ||||||
| 9 | such fingerprints and descriptions for minors arrested for | ||||||
| 10 | Class A
or B misdemeanors. Moving or nonmoving traffic | ||||||
| 11 | violations under the Illinois
Vehicle Code shall not be | ||||||
| 12 | reported except for violations of Chapter 4, Section
11-204.1, | ||||||
| 13 | or Section 11-501 of that Code. In addition, conservation | ||||||
| 14 | offenses,
as defined in the Supreme Court Rule 501(c), that are | ||||||
| 15 | classified as Class B
misdemeanors shall not be reported. Those | ||||||
| 16 | law enforcement records maintained by the Illinois State Police | ||||||
| 17 | Department for minors arrested for an offense prior to their | ||||||
| 18 | 17th birthday, or minors arrested for a non-felony offense, if | ||||||
| 19 | committed by an adult, prior to their 18th birthday, shall not | ||||||
| 20 | be forwarded to the Federal Bureau of Investigation unless | ||||||
| 21 | those records relate to an arrest in which a minor was charged | ||||||
| 22 | as an adult under any of the transfer provisions of the | ||||||
| 23 | Juvenile Court Act of 1987.
| ||||||
| 24 | (Source: P.A. 98-528, eff. 1-1-15.)
| ||||||
| 25 | (20 ILCS 2630/5.2)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5.2. Expungement, sealing, and immediate sealing. | ||||||
| 2 | (a) General Provisions. | ||||||
| 3 | (1) Definitions. In this Act, words and phrases have
| ||||||
| 4 | the meanings set forth in this subsection, except when a
| ||||||
| 5 | particular context clearly requires a different meaning. | ||||||
| 6 | (A) The following terms shall have the meanings | ||||||
| 7 | ascribed to them in the Unified Code of Corrections, | ||||||
| 8 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
| 9 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
| 10 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
| 11 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
| 12 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
| 13 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
| 14 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
| 15 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
| 16 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
| 17 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
| 18 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
| 19 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
| 20 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
| 21 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
| 22 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
| 23 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
| 24 | (B) As used in this Section, "charge not initiated | ||||||
| 25 | by arrest" means a charge (as defined by 730 ILCS | ||||||
| 26 | 5/5-1-3) brought against a defendant where the | ||||||
| |||||||
| |||||||
| 1 | defendant is not arrested prior to or as a direct | ||||||
| 2 | result of the charge. | ||||||
| 3 | (C) "Conviction" means a judgment of conviction or | ||||||
| 4 | sentence entered upon a plea of guilty or upon a | ||||||
| 5 | verdict or finding of guilty of an offense, rendered by | ||||||
| 6 | a legally constituted jury or by a court of competent | ||||||
| 7 | jurisdiction authorized to try the case without a jury. | ||||||
| 8 | An order of supervision successfully completed by the | ||||||
| 9 | petitioner is not a conviction. An order of qualified | ||||||
| 10 | probation (as defined in subsection (a)(1)(J)) | ||||||
| 11 | successfully completed by the petitioner is not a | ||||||
| 12 | conviction. An order of supervision or an order of | ||||||
| 13 | qualified probation that is terminated | ||||||
| 14 | unsatisfactorily is a conviction, unless the | ||||||
| 15 | unsatisfactory termination is reversed, vacated, or | ||||||
| 16 | modified and the judgment of conviction, if any, is | ||||||
| 17 | reversed or vacated. | ||||||
| 18 | (D) "Criminal offense" means a petty offense, | ||||||
| 19 | business offense, misdemeanor, felony, or municipal | ||||||
| 20 | ordinance violation (as defined in subsection | ||||||
| 21 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
| 22 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
| 23 | be considered a criminal offense. | ||||||
| 24 | (E) "Expunge" means to physically destroy the | ||||||
| 25 | records or return them to the petitioner and to | ||||||
| 26 | obliterate the petitioner's name from any official | ||||||
| |||||||
| |||||||
| 1 | index or public record, or both. Nothing in this Act | ||||||
| 2 | shall require the physical destruction of the circuit | ||||||
| 3 | court file, but such records relating to arrests or | ||||||
| 4 | charges, or both, ordered expunged shall be impounded | ||||||
| 5 | as required by subsections (d)(9)(A)(ii) and | ||||||
| 6 | (d)(9)(B)(ii). | ||||||
| 7 | (F) As used in this Section, "last sentence" means | ||||||
| 8 | the sentence, order of supervision, or order of | ||||||
| 9 | qualified probation (as defined by subsection | ||||||
| 10 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
| 11 | subsection (a)(1)(D)) that terminates last in time in | ||||||
| 12 | any jurisdiction, regardless of whether the petitioner | ||||||
| 13 | has included the criminal offense for which the | ||||||
| 14 | sentence or order of supervision or qualified | ||||||
| 15 | probation was imposed in his or her petition. If | ||||||
| 16 | multiple sentences, orders of supervision, or orders | ||||||
| 17 | of qualified probation terminate on the same day and | ||||||
| 18 | are last in time, they shall be collectively considered | ||||||
| 19 | the "last sentence" regardless of whether they were | ||||||
| 20 | ordered to run concurrently. | ||||||
| 21 | (G) "Minor traffic offense" means a petty offense, | ||||||
| 22 | business offense, or Class C misdemeanor under the | ||||||
| 23 | Illinois Vehicle Code or a similar provision of a | ||||||
| 24 | municipal or local ordinance. | ||||||
| 25 | (G-5) "Minor Cannabis Offense" means a violation | ||||||
| 26 | of Section 4 or 5 of the Cannabis Control Act | ||||||
| |||||||
| |||||||
| 1 | concerning not more than 30 grams of any substance | ||||||
| 2 | containing cannabis, provided the violation did not | ||||||
| 3 | include a penalty enhancement under Section 7 of the | ||||||
| 4 | Cannabis Control Act and is not associated with an | ||||||
| 5 | arrest, conviction or other disposition for a violent | ||||||
| 6 | crime as defined in subsection (c) of Section 3 of the | ||||||
| 7 | Rights of Crime Victims and Witnesses Act. | ||||||
| 8 | (H) "Municipal ordinance violation" means an | ||||||
| 9 | offense defined by a municipal or local ordinance that | ||||||
| 10 | is criminal in nature and with which the petitioner was | ||||||
| 11 | charged or for which the petitioner was arrested and | ||||||
| 12 | released without charging. | ||||||
| 13 | (I) "Petitioner" means an adult or a minor | ||||||
| 14 | prosecuted as an
adult who has applied for relief under | ||||||
| 15 | this Section. | ||||||
| 16 | (J) "Qualified probation" means an order of | ||||||
| 17 | probation under Section 10 of the Cannabis Control Act, | ||||||
| 18 | Section 410 of the Illinois Controlled Substances Act, | ||||||
| 19 | Section 70 of the Methamphetamine Control and | ||||||
| 20 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
| 21 | of the Unified Code of Corrections, Section | ||||||
| 22 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
| 23 | those provisions existed before their deletion by | ||||||
| 24 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
| 25 | Alcoholism and Other Drug Dependency Act, Section | ||||||
| 26 | 40-10 of the Substance Use Disorder Act, or Section 10 | ||||||
| |||||||
| |||||||
| 1 | of the Steroid Control Act. For the purpose of this | ||||||
| 2 | Section, "successful completion" of an order of | ||||||
| 3 | qualified probation under Section 10-102 of the | ||||||
| 4 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
| 5 | Section 40-10 of the Substance Use Disorder Act means | ||||||
| 6 | that the probation was terminated satisfactorily and | ||||||
| 7 | the judgment of conviction was vacated. | ||||||
| 8 | (K) "Seal" means to physically and electronically | ||||||
| 9 | maintain the records, unless the records would | ||||||
| 10 | otherwise be destroyed due to age, but to make the | ||||||
| 11 | records unavailable without a court order, subject to | ||||||
| 12 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
| 13 | petitioner's name shall also be obliterated from the | ||||||
| 14 | official index required to be kept by the circuit court | ||||||
| 15 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
| 16 | any index issued by the circuit court clerk before the | ||||||
| 17 | entry of the order to seal shall not be affected. | ||||||
| 18 | (L) "Sexual offense committed against a minor" | ||||||
| 19 | includes, but is
not limited to, the offenses of | ||||||
| 20 | indecent solicitation of a child
or criminal sexual | ||||||
| 21 | abuse when the victim of such offense is
under 18 years | ||||||
| 22 | of age. | ||||||
| 23 | (M) "Terminate" as it relates to a sentence or | ||||||
| 24 | order of supervision or qualified probation includes | ||||||
| 25 | either satisfactory or unsatisfactory termination of | ||||||
| 26 | the sentence, unless otherwise specified in this | ||||||
| |||||||
| |||||||
| 1 | Section. A sentence is terminated notwithstanding any | ||||||
| 2 | outstanding financial legal obligation. | ||||||
| 3 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
| 4 | convictions for minor traffic offenses shall not affect a | ||||||
| 5 | petitioner's eligibility to expunge or seal records | ||||||
| 6 | pursuant to this Section. | ||||||
| 7 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
| 8 | effective date of Public Act 99-697), the law enforcement | ||||||
| 9 | agency issuing the citation shall automatically expunge, | ||||||
| 10 | on or before January 1 and July 1 of each year, the law | ||||||
| 11 | enforcement records of a person found to have committed a | ||||||
| 12 | civil law violation of subsection (a) of Section 4 of the | ||||||
| 13 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
| 14 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
| 15 | agency's possession or control and which contains the final | ||||||
| 16 | satisfactory disposition which pertain to the person | ||||||
| 17 | issued a citation for that offense.
The law enforcement | ||||||
| 18 | agency shall provide by rule the process for access, | ||||||
| 19 | review, and to confirm the automatic expungement by the law | ||||||
| 20 | enforcement agency issuing the citation.
Commencing 180 | ||||||
| 21 | days after July 29, 2016 (the effective date of Public Act | ||||||
| 22 | 99-697), the clerk of the circuit court shall expunge, upon | ||||||
| 23 | order of the court, or in the absence of a court order on | ||||||
| 24 | or before January 1 and July 1 of each year, the court | ||||||
| 25 | records of a person found in the circuit court to have | ||||||
| 26 | committed a civil law violation of subsection (a) of | ||||||
| |||||||
| |||||||
| 1 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
| 2 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
| 3 | clerk's possession or control and which contains the final | ||||||
| 4 | satisfactory disposition which pertain to the person | ||||||
| 5 | issued a citation for any of those offenses. | ||||||
| 6 | (3) Exclusions. Except as otherwise provided in | ||||||
| 7 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
| 8 | of this Section, the court shall not order: | ||||||
| 9 | (A) the sealing or expungement of the records of | ||||||
| 10 | arrests or charges not initiated by arrest that result | ||||||
| 11 | in an order of supervision for or conviction of:
(i) | ||||||
| 12 | any sexual offense committed against a
minor; (ii) | ||||||
| 13 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
| 14 | similar provision of a local ordinance; or (iii) | ||||||
| 15 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
| 16 | similar provision of a local ordinance, unless the | ||||||
| 17 | arrest or charge is for a misdemeanor violation of | ||||||
| 18 | subsection (a) of Section 11-503 or a similar provision | ||||||
| 19 | of a local ordinance, that occurred prior to the | ||||||
| 20 | offender reaching the age of 25 years and the offender | ||||||
| 21 | has no other conviction for violating Section 11-501 or | ||||||
| 22 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
| 23 | provision of a local ordinance. | ||||||
| 24 | (B) the sealing or expungement of records of minor | ||||||
| 25 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
| 26 | unless the petitioner was arrested and released | ||||||
| |||||||
| |||||||
| 1 | without charging. | ||||||
| 2 | (C) the sealing of the records of arrests or | ||||||
| 3 | charges not initiated by arrest which result in an | ||||||
| 4 | order of supervision or a conviction for the following | ||||||
| 5 | offenses: | ||||||
| 6 | (i) offenses included in Article 11 of the | ||||||
| 7 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 8 | or a similar provision of a local ordinance, except | ||||||
| 9 | Section 11-14 and a misdemeanor violation of | ||||||
| 10 | Section 11-30 of the Criminal Code of 1961 or the | ||||||
| 11 | Criminal Code of 2012, or a similar provision of a | ||||||
| 12 | local ordinance; | ||||||
| 13 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
| 14 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
| 15 | Criminal Code of 2012, or a similar provision of a | ||||||
| 16 | local ordinance; | ||||||
| 17 | (iii) Sections 12-3.1 or 12-3.2 of the | ||||||
| 18 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 19 | or Section 125 of the Stalking No Contact Order | ||||||
| 20 | Act, or Section 219 of the Civil No Contact Order | ||||||
| 21 | Act, or a similar provision of a local ordinance; | ||||||
| 22 | (iv) Class A misdemeanors or felony offenses | ||||||
| 23 | under the Humane Care for Animals Act; or | ||||||
| 24 | (v) any offense or attempted offense that | ||||||
| 25 | would subject a person to registration under the | ||||||
| 26 | Sex Offender Registration Act. | ||||||
| |||||||
| |||||||
| 1 | (D) (blank). | ||||||
| 2 | (b) Expungement. | ||||||
| 3 | (1) A petitioner may petition the circuit court to | ||||||
| 4 | expunge the
records of his or her arrests and charges not | ||||||
| 5 | initiated by arrest when each arrest or charge not | ||||||
| 6 | initiated by arrest
sought to be expunged resulted in:
(i) | ||||||
| 7 | acquittal, dismissal, or the petitioner's release without | ||||||
| 8 | charging, unless excluded by subsection (a)(3)(B);
(ii) a | ||||||
| 9 | conviction which was vacated or reversed, unless excluded | ||||||
| 10 | by subsection (a)(3)(B);
(iii) an order of supervision and | ||||||
| 11 | such supervision was successfully completed by the | ||||||
| 12 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
| 13 | (a)(3)(B); or
(iv) an order of qualified probation (as | ||||||
| 14 | defined in subsection (a)(1)(J)) and such probation was | ||||||
| 15 | successfully completed by the petitioner. | ||||||
| 16 | (1.5) When a petitioner seeks to have a record of | ||||||
| 17 | arrest expunged under this Section, and the offender has | ||||||
| 18 | been convicted of a criminal offense, the State's Attorney | ||||||
| 19 | may object to the expungement on the grounds that the | ||||||
| 20 | records contain specific relevant information aside from | ||||||
| 21 | the mere fact of the arrest. | ||||||
| 22 | (2) Time frame for filing a petition to expunge. | ||||||
| 23 | (A) When the arrest or charge not initiated by | ||||||
| 24 | arrest sought to be expunged resulted in an acquittal, | ||||||
| 25 | dismissal, the petitioner's release without charging, | ||||||
| 26 | or the reversal or vacation of a conviction, there is | ||||||
| |||||||
| |||||||
| 1 | no waiting period to petition for the expungement of | ||||||
| 2 | such records. | ||||||
| 3 | (B) When the arrest or charge not initiated by | ||||||
| 4 | arrest
sought to be expunged resulted in an order of | ||||||
| 5 | supervision, successfully
completed by the petitioner, | ||||||
| 6 | the following time frames will apply: | ||||||
| 7 | (i) Those arrests or charges that resulted in | ||||||
| 8 | orders of
supervision under Section 3-707, 3-708, | ||||||
| 9 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
| 10 | similar provision of a local ordinance, or under | ||||||
| 11 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
| 12 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
| 13 | similar provision of a local ordinance, shall not | ||||||
| 14 | be eligible for expungement until 5 years have | ||||||
| 15 | passed following the satisfactory termination of | ||||||
| 16 | the supervision. | ||||||
| 17 | (i-5) Those arrests or charges that resulted | ||||||
| 18 | in orders of supervision for a misdemeanor | ||||||
| 19 | violation of subsection (a) of Section 11-503 of | ||||||
| 20 | the Illinois Vehicle Code or a similar provision of | ||||||
| 21 | a local ordinance, that occurred prior to the | ||||||
| 22 | offender reaching the age of 25 years and the | ||||||
| 23 | offender has no other conviction for violating | ||||||
| 24 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
| 25 | Code or a similar provision of a local ordinance | ||||||
| 26 | shall not be eligible for expungement until the | ||||||
| |||||||
| |||||||
| 1 | petitioner has reached the age of 25 years. | ||||||
| 2 | (ii) Those arrests or charges that resulted in | ||||||
| 3 | orders
of supervision for any other offenses shall | ||||||
| 4 | not be
eligible for expungement until 2 years have | ||||||
| 5 | passed
following the satisfactory termination of | ||||||
| 6 | the supervision. | ||||||
| 7 | (C) When the arrest or charge not initiated by | ||||||
| 8 | arrest sought to
be expunged resulted in an order of | ||||||
| 9 | qualified probation, successfully
completed by the | ||||||
| 10 | petitioner, such records shall not be eligible for
| ||||||
| 11 | expungement until 5 years have passed following the | ||||||
| 12 | satisfactory
termination of the probation. | ||||||
| 13 | (3) Those records maintained by the Illinois State | ||||||
| 14 | Police Department for
persons arrested prior to their 17th | ||||||
| 15 | birthday shall be
expunged as provided in Section 5-915 of | ||||||
| 16 | the Juvenile Court
Act of 1987. | ||||||
| 17 | (4) Whenever a person has been arrested for or | ||||||
| 18 | convicted of any
offense, in the name of a person whose | ||||||
| 19 | identity he or she has stolen or otherwise
come into | ||||||
| 20 | possession of, the aggrieved person from whom the identity
| ||||||
| 21 | was stolen or otherwise obtained without authorization,
| ||||||
| 22 | upon learning of the person having been arrested using his
| ||||||
| 23 | or her identity, may, upon verified petition to the chief | ||||||
| 24 | judge of
the circuit wherein the arrest was made, have a | ||||||
| 25 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
| 26 | correct the
arrest record, conviction record, if any, and | ||||||
| |||||||
| |||||||
| 1 | all official
records of the arresting authority, the | ||||||
| 2 | Illinois State Police Department, other
criminal justice | ||||||
| 3 | agencies, the prosecutor, and the trial
court concerning | ||||||
| 4 | such arrest, if any, by removing his or her name
from all | ||||||
| 5 | such records in connection with the arrest and
conviction, | ||||||
| 6 | if any, and by inserting in the records the
name of the | ||||||
| 7 | offender, if known or ascertainable, in lieu of
the | ||||||
| 8 | aggrieved's name. The records of the circuit court clerk | ||||||
| 9 | shall be sealed until further order of
the court upon good | ||||||
| 10 | cause shown and the name of the
aggrieved person | ||||||
| 11 | obliterated on the official index
required to be kept by | ||||||
| 12 | the circuit court clerk under
Section 16 of the Clerks of | ||||||
| 13 | Courts Act, but the order shall
not affect any index issued | ||||||
| 14 | by the circuit court clerk
before the entry of the order. | ||||||
| 15 | Nothing in this Section
shall limit the Illinois Department | ||||||
| 16 | of State Police or other
criminal justice agencies or | ||||||
| 17 | prosecutors from listing
under an offender's name the false | ||||||
| 18 | names he or she has
used. | ||||||
| 19 | (5) Whenever a person has been convicted of criminal
| ||||||
| 20 | sexual assault, aggravated criminal sexual assault,
| ||||||
| 21 | predatory criminal sexual assault of a child, criminal
| ||||||
| 22 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
| 23 | victim of that offense may request that the State's
| ||||||
| 24 | Attorney of the county in which the conviction occurred
| ||||||
| 25 | file a verified petition with the presiding trial judge at
| ||||||
| 26 | the petitioner's trial to have a court order entered to | ||||||
| |||||||
| |||||||
| 1 | seal
the records of the circuit court clerk in connection
| ||||||
| 2 | with the proceedings of the trial court concerning that
| ||||||
| 3 | offense. However, the records of the arresting authority
| ||||||
| 4 | and the Illinois Department of State Police concerning the | ||||||
| 5 | offense
shall not be sealed. The court, upon good cause | ||||||
| 6 | shown,
shall make the records of the circuit court clerk in
| ||||||
| 7 | connection with the proceedings of the trial court
| ||||||
| 8 | concerning the offense available for public inspection. | ||||||
| 9 | (6) If a conviction has been set aside on direct review
| ||||||
| 10 | or on collateral attack and the court determines by clear
| ||||||
| 11 | and convincing evidence that the petitioner was factually
| ||||||
| 12 | innocent of the charge, the court that finds the petitioner | ||||||
| 13 | factually innocent of the charge shall enter an
expungement | ||||||
| 14 | order for the conviction for which the petitioner has been | ||||||
| 15 | determined to be innocent as provided in subsection (b) of | ||||||
| 16 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
| 17 | (7) Nothing in this Section shall prevent the Illinois | ||||||
| 18 | Department of
State Police from maintaining all records of | ||||||
| 19 | any person who
is admitted to probation upon terms and | ||||||
| 20 | conditions and who
fulfills those terms and conditions | ||||||
| 21 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
| 22 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
| 23 | of the
Methamphetamine Control and Community Protection | ||||||
| 24 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
| 25 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
| 26 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
| 2 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
| 3 | the Substance Use Disorder Act, or Section 10 of the | ||||||
| 4 | Steroid Control Act. | ||||||
| 5 | (8) If the petitioner has been granted a certificate of | ||||||
| 6 | innocence under Section 2-702 of the Code of Civil | ||||||
| 7 | Procedure, the court that grants the certificate of | ||||||
| 8 | innocence shall also enter an order expunging the | ||||||
| 9 | conviction for which the petitioner has been determined to | ||||||
| 10 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
| 11 | of the Code of Civil Procedure. | ||||||
| 12 | (c) Sealing. | ||||||
| 13 | (1) Applicability. Notwithstanding any other provision | ||||||
| 14 | of this Act to the contrary, and cumulative with any rights | ||||||
| 15 | to expungement of criminal records, this subsection | ||||||
| 16 | authorizes the sealing of criminal records of adults and of | ||||||
| 17 | minors prosecuted as adults. Subsection (g) of this Section | ||||||
| 18 | provides for immediate sealing of certain records. | ||||||
| 19 | (2) Eligible Records. The following records may be | ||||||
| 20 | sealed: | ||||||
| 21 | (A) All arrests resulting in release without | ||||||
| 22 | charging; | ||||||
| 23 | (B) Arrests or charges not initiated by arrest | ||||||
| 24 | resulting in acquittal, dismissal, or conviction when | ||||||
| 25 | the conviction was reversed or vacated, except as | ||||||
| 26 | excluded by subsection (a)(3)(B); | ||||||
| |||||||
| |||||||
| 1 | (C) Arrests or charges not initiated by arrest | ||||||
| 2 | resulting in orders of supervision, including orders | ||||||
| 3 | of supervision for municipal ordinance violations, | ||||||
| 4 | successfully completed by the petitioner, unless | ||||||
| 5 | excluded by subsection (a)(3); | ||||||
| 6 | (D) Arrests or charges not initiated by arrest | ||||||
| 7 | resulting in convictions, including convictions on | ||||||
| 8 | municipal ordinance violations, unless excluded by | ||||||
| 9 | subsection (a)(3); | ||||||
| 10 | (E) Arrests or charges not initiated by arrest | ||||||
| 11 | resulting in orders of first offender probation under | ||||||
| 12 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
| 13 | the Illinois Controlled Substances Act, Section 70 of | ||||||
| 14 | the Methamphetamine Control and Community Protection | ||||||
| 15 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
| 16 | Corrections; and | ||||||
| 17 | (F) Arrests or charges not initiated by arrest | ||||||
| 18 | resulting in felony convictions unless otherwise | ||||||
| 19 | excluded by subsection (a) paragraph (3) of this | ||||||
| 20 | Section. | ||||||
| 21 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
| 22 | identified as eligible under subsection (c)(2) may be | ||||||
| 23 | sealed as follows: | ||||||
| 24 | (A) Records identified as eligible under | ||||||
| 25 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
| 26 | time. | ||||||
| |||||||
| |||||||
| 1 | (B) Except as otherwise provided in subparagraph | ||||||
| 2 | (E) of this paragraph (3), records identified as | ||||||
| 3 | eligible under subsection (c)(2)(C) may be sealed
2 | ||||||
| 4 | years after the termination of petitioner's last | ||||||
| 5 | sentence (as defined in subsection (a)(1)(F)). | ||||||
| 6 | (C) Except as otherwise provided in subparagraph | ||||||
| 7 | (E) of this paragraph (3), records identified as | ||||||
| 8 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
| 9 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
| 10 | of the petitioner's last sentence (as defined in | ||||||
| 11 | subsection (a)(1)(F)). Convictions requiring public | ||||||
| 12 | registration under the Arsonist Registration Act, the | ||||||
| 13 | Sex Offender Registration Act, or the Murderer and | ||||||
| 14 | Violent Offender Against Youth Registration Act may | ||||||
| 15 | not be sealed until the petitioner is no longer | ||||||
| 16 | required to register under that relevant Act. | ||||||
| 17 | (D) Records identified in subsection | ||||||
| 18 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
| 19 | reached the age of 25 years. | ||||||
| 20 | (E) Records identified as eligible under | ||||||
| 21 | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
| 22 | (c)(2)(F) may be sealed upon termination of the | ||||||
| 23 | petitioner's last sentence if the petitioner earned a | ||||||
| 24 | high school diploma, associate's degree, career | ||||||
| 25 | certificate, vocational technical certification, or | ||||||
| 26 | bachelor's degree, or passed the high school level Test | ||||||
| |||||||
| |||||||
| 1 | of General Educational Development, during the period | ||||||
| 2 | of his or her sentence or mandatory supervised release. | ||||||
| 3 | This subparagraph shall apply only to a petitioner who | ||||||
| 4 | has not completed the same educational goal prior to | ||||||
| 5 | the period of his or her sentence or mandatory | ||||||
| 6 | supervised release. If a petition for sealing eligible | ||||||
| 7 | records filed under this subparagraph is denied by the | ||||||
| 8 | court, the time periods under subparagraph (B) or (C) | ||||||
| 9 | shall apply to any subsequent petition for sealing | ||||||
| 10 | filed by the petitioner. | ||||||
| 11 | (4) Subsequent felony convictions. A person may not | ||||||
| 12 | have
subsequent felony conviction records sealed as | ||||||
| 13 | provided in this subsection
(c) if he or she is convicted | ||||||
| 14 | of any felony offense after the date of the
sealing of | ||||||
| 15 | prior felony convictions as provided in this subsection | ||||||
| 16 | (c). The court may, upon conviction for a subsequent felony | ||||||
| 17 | offense, order the unsealing of prior felony conviction | ||||||
| 18 | records previously ordered sealed by the court. | ||||||
| 19 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
| 20 | disposition for an eligible record under this subsection | ||||||
| 21 | (c), the petitioner shall be informed by the court of the | ||||||
| 22 | right to have the records sealed and the procedures for the | ||||||
| 23 | sealing of the records. | ||||||
| 24 | (d) Procedure. The following procedures apply to | ||||||
| 25 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
| 26 | under subsections (c) and (e-5): | ||||||
| |||||||
| |||||||
| 1 | (1) Filing the petition. Upon becoming eligible to | ||||||
| 2 | petition for
the expungement or sealing of records under | ||||||
| 3 | this Section, the petitioner shall file a petition | ||||||
| 4 | requesting the expungement
or sealing of records with the | ||||||
| 5 | clerk of the court where the arrests occurred or the | ||||||
| 6 | charges were brought, or both. If arrests occurred or | ||||||
| 7 | charges were brought in multiple jurisdictions, a petition | ||||||
| 8 | must be filed in each such jurisdiction. The petitioner | ||||||
| 9 | shall pay the applicable fee, except no fee shall be | ||||||
| 10 | required if the petitioner has obtained a court order | ||||||
| 11 | waiving fees under Supreme Court Rule 298 or it is | ||||||
| 12 | otherwise waived. | ||||||
| 13 | (1.5) County fee waiver pilot program.
From August 9, | ||||||
| 14 | 2019 (the effective date of Public Act 101-306) through | ||||||
| 15 | December 31, 2020, in a county of 3,000,000 or more | ||||||
| 16 | inhabitants, no fee shall be required to be paid by a | ||||||
| 17 | petitioner if the records sought to be expunged or sealed | ||||||
| 18 | were arrests resulting in release without charging or | ||||||
| 19 | arrests or charges not initiated by arrest resulting in | ||||||
| 20 | acquittal, dismissal, or conviction when the conviction | ||||||
| 21 | was reversed or vacated, unless excluded by subsection | ||||||
| 22 | (a)(3)(B). The provisions of this paragraph (1.5), other | ||||||
| 23 | than this sentence, are inoperative on and after January 1, | ||||||
| 24 | 2021. | ||||||
| 25 | (2) Contents of petition. The petition shall be
| ||||||
| 26 | verified and shall contain the petitioner's name, date of
| ||||||
| |||||||
| |||||||
| 1 | birth, current address and, for each arrest or charge not | ||||||
| 2 | initiated by
arrest sought to be sealed or expunged, the | ||||||
| 3 | case number, the date of
arrest (if any), the identity of | ||||||
| 4 | the arresting authority, and such
other information as the | ||||||
| 5 | court may require. During the pendency
of the proceeding, | ||||||
| 6 | the petitioner shall promptly notify the
circuit court | ||||||
| 7 | clerk of any change of his or her address. If the | ||||||
| 8 | petitioner has received a certificate of eligibility for | ||||||
| 9 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
| 10 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
| 11 | Corrections, the certificate shall be attached to the | ||||||
| 12 | petition. | ||||||
| 13 | (3) Drug test. The petitioner must attach to the | ||||||
| 14 | petition proof that the petitioner has passed a test taken | ||||||
| 15 | within 30 days before the filing of the petition showing | ||||||
| 16 | the absence within his or her body of all illegal | ||||||
| 17 | substances as defined by the Illinois Controlled | ||||||
| 18 | Substances Act, the Methamphetamine Control and Community | ||||||
| 19 | Protection Act, and the Cannabis Control Act if he or she | ||||||
| 20 | is petitioning to: | ||||||
| 21 | (A) seal felony records under clause (c)(2)(E); | ||||||
| 22 | (B) seal felony records for a violation of the | ||||||
| 23 | Illinois Controlled Substances Act, the | ||||||
| 24 | Methamphetamine Control and Community Protection Act, | ||||||
| 25 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
| 26 | (C) seal felony records under subsection (e-5); or | ||||||
| |||||||
| |||||||
| 1 | (D) expunge felony records of a qualified | ||||||
| 2 | probation under clause (b)(1)(iv). | ||||||
| 3 | (4) Service of petition. The circuit court clerk shall | ||||||
| 4 | promptly
serve a copy of the petition and documentation to | ||||||
| 5 | support the petition under subsection (e-5) or (e-6) on the | ||||||
| 6 | State's Attorney or
prosecutor charged with the duty of | ||||||
| 7 | prosecuting the
offense, the Illinois Department of State | ||||||
| 8 | Police, the arresting
agency and the chief legal officer of | ||||||
| 9 | the unit of local
government effecting the arrest. | ||||||
| 10 | (5) Objections. | ||||||
| 11 | (A) Any party entitled to notice of the petition | ||||||
| 12 | may file an objection to the petition. All objections | ||||||
| 13 | shall be in writing, shall be filed with the circuit | ||||||
| 14 | court clerk, and shall state with specificity the basis | ||||||
| 15 | of the objection. Whenever a person who has been | ||||||
| 16 | convicted of an offense is granted
a pardon by the | ||||||
| 17 | Governor which specifically authorizes expungement, an | ||||||
| 18 | objection to the petition may not be filed. | ||||||
| 19 | (B) Objections to a petition to expunge or seal | ||||||
| 20 | must be filed within 60 days of the date of service of | ||||||
| 21 | the petition. | ||||||
| 22 | (6) Entry of order. | ||||||
| 23 | (A) The Chief Judge of the circuit wherein the | ||||||
| 24 | charge was brought, any judge of that circuit | ||||||
| 25 | designated by the Chief Judge, or in counties of less | ||||||
| 26 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
| |||||||
| |||||||
| 1 | at the petitioner's trial, if any, shall rule on the | ||||||
| 2 | petition to expunge or seal as set forth in this | ||||||
| 3 | subsection (d)(6). | ||||||
| 4 | (B) Unless the State's Attorney or prosecutor, the | ||||||
| 5 | Illinois Department of
State Police, the arresting | ||||||
| 6 | agency, or the chief legal officer
files an objection | ||||||
| 7 | to the petition to expunge or seal within 60 days from | ||||||
| 8 | the date of service of the petition, the court shall | ||||||
| 9 | enter an order granting or denying the petition. | ||||||
| 10 | (C) Notwithstanding any other provision of law, | ||||||
| 11 | the court shall not deny a petition for sealing under | ||||||
| 12 | this Section because the petitioner has not satisfied | ||||||
| 13 | an outstanding legal financial obligation established, | ||||||
| 14 | imposed, or originated by a court, law enforcement | ||||||
| 15 | agency, or a municipal, State, county, or other unit of | ||||||
| 16 | local government, including, but not limited to, any | ||||||
| 17 | cost, assessment, fine, or fee. An outstanding legal | ||||||
| 18 | financial obligation does not include any court | ||||||
| 19 | ordered restitution to a victim under Section 5-5-6 of | ||||||
| 20 | the Unified Code of Corrections, unless the | ||||||
| 21 | restitution has been converted to a civil judgment. | ||||||
| 22 | Nothing in this subparagraph (C) waives, rescinds, or | ||||||
| 23 | abrogates a legal financial obligation or otherwise | ||||||
| 24 | eliminates or affects the right of the holder of any | ||||||
| 25 | financial obligation to pursue collection under | ||||||
| 26 | applicable federal, State, or local law. | ||||||
| |||||||
| |||||||
| 1 | (7) Hearings. If an objection is filed, the court shall | ||||||
| 2 | set a date for a hearing and notify the petitioner and all | ||||||
| 3 | parties entitled to notice of the petition of the hearing | ||||||
| 4 | date at least 30 days prior to the hearing. Prior to the | ||||||
| 5 | hearing, the State's Attorney shall consult with the | ||||||
| 6 | Illinois State Police Department as to the appropriateness | ||||||
| 7 | of the relief sought in the petition to expunge or seal. At | ||||||
| 8 | the hearing, the court shall hear evidence on whether the | ||||||
| 9 | petition should or should not be granted, and shall grant | ||||||
| 10 | or deny the petition to expunge or seal the records based | ||||||
| 11 | on the evidence presented at the hearing. The court may | ||||||
| 12 | consider the following: | ||||||
| 13 | (A) the strength of the evidence supporting the | ||||||
| 14 | defendant's conviction; | ||||||
| 15 | (B) the reasons for retention of the conviction | ||||||
| 16 | records by the State; | ||||||
| 17 | (C) the petitioner's age, criminal record history, | ||||||
| 18 | and employment history; | ||||||
| 19 | (D) the period of time between the petitioner's | ||||||
| 20 | arrest on the charge resulting in the conviction and | ||||||
| 21 | the filing of the petition under this Section; and | ||||||
| 22 | (E) the specific adverse consequences the | ||||||
| 23 | petitioner may be subject to if the petition is denied. | ||||||
| 24 | (8) Service of order. After entering an order to | ||||||
| 25 | expunge or
seal records, the court must provide copies of | ||||||
| 26 | the order to the Illinois State Police
Department, in a | ||||||
| |||||||
| |||||||
| 1 | form and manner prescribed by the Illinois State Police | ||||||
| 2 | Department,
to the petitioner, to the State's Attorney or | ||||||
| 3 | prosecutor
charged with the duty of prosecuting the | ||||||
| 4 | offense, to the
arresting agency, to the chief legal | ||||||
| 5 | officer of the unit of
local government effecting the | ||||||
| 6 | arrest, and to such other
criminal justice agencies as may | ||||||
| 7 | be ordered by the court. | ||||||
| 8 | (9) Implementation of order. | ||||||
| 9 | (A) Upon entry of an order to expunge records | ||||||
| 10 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
| 11 | (i) the records shall be expunged (as defined | ||||||
| 12 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
| 13 | the Illinois State Police Department, and any | ||||||
| 14 | other agency as ordered by the court, within 60 | ||||||
| 15 | days of the date of service of the order, unless a | ||||||
| 16 | motion to vacate, modify, or reconsider the order | ||||||
| 17 | is filed pursuant to paragraph (12) of subsection | ||||||
| 18 | (d) of this Section; | ||||||
| 19 | (ii) the records of the circuit court clerk | ||||||
| 20 | shall be impounded until further order of the court | ||||||
| 21 | upon good cause shown and the name of the | ||||||
| 22 | petitioner obliterated on the official index | ||||||
| 23 | required to be kept by the circuit court clerk | ||||||
| 24 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 25 | the order shall not affect any index issued by the | ||||||
| 26 | circuit court clerk before the entry of the order; | ||||||
| |||||||
| |||||||
| 1 | and | ||||||
| 2 | (iii) in response to an inquiry for expunged | ||||||
| 3 | records, the court, the Illinois State Police | ||||||
| 4 | Department, or the agency receiving such inquiry, | ||||||
| 5 | shall reply as it does in response to inquiries | ||||||
| 6 | when no records ever existed. | ||||||
| 7 | (B) Upon entry of an order to expunge records | ||||||
| 8 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
| 9 | (i) the records shall be expunged (as defined | ||||||
| 10 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 11 | and any other agency as ordered by the court, | ||||||
| 12 | within 60 days of the date of service of the order, | ||||||
| 13 | unless a motion to vacate, modify, or reconsider | ||||||
| 14 | the order is filed pursuant to paragraph (12) of | ||||||
| 15 | subsection (d) of this Section; | ||||||
| 16 | (ii) the records of the circuit court clerk | ||||||
| 17 | shall be impounded until further order of the court | ||||||
| 18 | upon good cause shown and the name of the | ||||||
| 19 | petitioner obliterated on the official index | ||||||
| 20 | required to be kept by the circuit court clerk | ||||||
| 21 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 22 | the order shall not affect any index issued by the | ||||||
| 23 | circuit court clerk before the entry of the order; | ||||||
| 24 | (iii) the records shall be impounded by the | ||||||
| 25 | Illinois State Police
Department within 60 days of | ||||||
| 26 | the date of service of the order as ordered by the | ||||||
| |||||||
| |||||||
| 1 | court, unless a motion to vacate, modify, or | ||||||
| 2 | reconsider the order is filed pursuant to | ||||||
| 3 | paragraph (12) of subsection (d) of this Section; | ||||||
| 4 | (iv) records impounded by the Illinois State | ||||||
| 5 | Police Department may be disseminated by the | ||||||
| 6 | Illinois State Police Department only as required | ||||||
| 7 | by law or to the arresting authority, the State's | ||||||
| 8 | Attorney, and the court upon a later arrest for the | ||||||
| 9 | same or a similar offense or for the purpose of | ||||||
| 10 | sentencing for any subsequent felony, and to the | ||||||
| 11 | Department of Corrections upon conviction for any | ||||||
| 12 | offense; and | ||||||
| 13 | (v) in response to an inquiry for such records | ||||||
| 14 | from anyone not authorized by law to access such | ||||||
| 15 | records, the court, the Illinois State Police | ||||||
| 16 | Department, or the agency receiving such inquiry | ||||||
| 17 | shall reply as it does in response to inquiries | ||||||
| 18 | when no records ever existed. | ||||||
| 19 | (B-5) Upon entry of an order to expunge records | ||||||
| 20 | under subsection (e-6): | ||||||
| 21 | (i) the records shall be expunged (as defined | ||||||
| 22 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 23 | and any other agency as ordered by the court, | ||||||
| 24 | within 60 days of the date of service of the order, | ||||||
| 25 | unless a motion to vacate, modify, or reconsider | ||||||
| 26 | the order is filed under paragraph (12) of | ||||||
| |||||||
| |||||||
| 1 | subsection (d) of this Section; | ||||||
| 2 | (ii) the records of the circuit court clerk | ||||||
| 3 | shall be impounded until further order of the court | ||||||
| 4 | upon good cause shown and the name of the | ||||||
| 5 | petitioner obliterated on the official index | ||||||
| 6 | required to be kept by the circuit court clerk | ||||||
| 7 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 8 | the order shall not affect any index issued by the | ||||||
| 9 | circuit court clerk before the entry of the order; | ||||||
| 10 | (iii) the records shall be impounded by the | ||||||
| 11 | Illinois State Police
Department within 60 days of | ||||||
| 12 | the date of service of the order as ordered by the | ||||||
| 13 | court, unless a motion to vacate, modify, or | ||||||
| 14 | reconsider the order is filed under paragraph (12) | ||||||
| 15 | of subsection (d) of this Section; | ||||||
| 16 | (iv) records impounded by the Illinois State | ||||||
| 17 | Police Department may be disseminated by the | ||||||
| 18 | Illinois State Police Department only as required | ||||||
| 19 | by law or to the arresting authority, the State's | ||||||
| 20 | Attorney, and the court upon a later arrest for the | ||||||
| 21 | same or a similar offense or for the purpose of | ||||||
| 22 | sentencing for any subsequent felony, and to the | ||||||
| 23 | Department of Corrections upon conviction for any | ||||||
| 24 | offense; and | ||||||
| 25 | (v) in response to an inquiry for these records | ||||||
| 26 | from anyone not authorized by law to access the | ||||||
| |||||||
| |||||||
| 1 | records, the court, the Illinois State Police | ||||||
| 2 | Department, or the agency receiving the inquiry | ||||||
| 3 | shall reply as it does in response to inquiries | ||||||
| 4 | when no records ever existed. | ||||||
| 5 | (C) Upon entry of an order to seal records under | ||||||
| 6 | subsection
(c), the arresting agency, any other agency | ||||||
| 7 | as ordered by the court, the Illinois State Police | ||||||
| 8 | Department, and the court shall seal the records (as | ||||||
| 9 | defined in subsection (a)(1)(K)). In response to an | ||||||
| 10 | inquiry for such records, from anyone not authorized by | ||||||
| 11 | law to access such records, the court, the Illinois | ||||||
| 12 | State Police Department, or the agency receiving such | ||||||
| 13 | inquiry shall reply as it does in response to inquiries | ||||||
| 14 | when no records ever existed. | ||||||
| 15 | (D) The Illinois State Police Department shall | ||||||
| 16 | send written notice to the petitioner of its compliance | ||||||
| 17 | with each order to expunge or seal records within 60 | ||||||
| 18 | days of the date of service of that order or, if a | ||||||
| 19 | motion to vacate, modify, or reconsider is filed, | ||||||
| 20 | within 60 days of service of the order resolving the | ||||||
| 21 | motion, if that order requires the Illinois State | ||||||
| 22 | Police Department to expunge or seal records. In the | ||||||
| 23 | event of an appeal from the circuit court order, the | ||||||
| 24 | Illinois State Police Department shall send written | ||||||
| 25 | notice to the petitioner of its compliance with an | ||||||
| 26 | Appellate Court or Supreme Court judgment to expunge or | ||||||
| |||||||
| |||||||
| 1 | seal records within 60 days of the issuance of the | ||||||
| 2 | court's mandate. The notice is not required while any | ||||||
| 3 | motion to vacate, modify, or reconsider, or any appeal | ||||||
| 4 | or petition for discretionary appellate review, is | ||||||
| 5 | pending. | ||||||
| 6 | (E) Upon motion, the court may order that a sealed | ||||||
| 7 | judgment or other court record necessary to | ||||||
| 8 | demonstrate the amount of any legal financial | ||||||
| 9 | obligation due and owing be made available for the | ||||||
| 10 | limited purpose of collecting any legal financial | ||||||
| 11 | obligations owed by the petitioner that were | ||||||
| 12 | established, imposed, or originated in the criminal | ||||||
| 13 | proceeding for which those records have been sealed. | ||||||
| 14 | The records made available under this subparagraph (E) | ||||||
| 15 | shall not be entered into the official index required | ||||||
| 16 | to be kept by the circuit court clerk under Section 16 | ||||||
| 17 | of the Clerks of Courts Act and shall be immediately | ||||||
| 18 | re-impounded upon the collection of the outstanding | ||||||
| 19 | financial obligations. | ||||||
| 20 | (F) Notwithstanding any other provision of this | ||||||
| 21 | Section, a circuit court clerk may access a sealed | ||||||
| 22 | record for the limited purpose of collecting payment | ||||||
| 23 | for any legal financial obligations that were | ||||||
| 24 | established, imposed, or originated in the criminal | ||||||
| 25 | proceedings for which those records have been sealed. | ||||||
| 26 | (10) Fees. The Illinois State Police Department may | ||||||
| |||||||
| |||||||
| 1 | charge the petitioner a fee equivalent to the cost of | ||||||
| 2 | processing any order to expunge or seal records. | ||||||
| 3 | Notwithstanding any provision of the Clerks of Courts Act | ||||||
| 4 | to the contrary, the circuit court clerk may charge a fee | ||||||
| 5 | equivalent to the cost associated with the sealing or | ||||||
| 6 | expungement of records by the circuit court clerk. From the | ||||||
| 7 | total filing fee collected for the petition to seal or | ||||||
| 8 | expunge, the circuit court clerk shall deposit $10 into the | ||||||
| 9 | Circuit Court Clerk Operation and Administrative Fund, to | ||||||
| 10 | be used to offset the costs incurred by the circuit court | ||||||
| 11 | clerk in performing the additional duties required to serve | ||||||
| 12 | the petition to seal or expunge on all parties. The circuit | ||||||
| 13 | court clerk shall collect and forward the Illinois | ||||||
| 14 | Department of State Police portion of the fee to the | ||||||
| 15 | Illinois State Police Department and it shall be deposited | ||||||
| 16 | in the State Police Services Fund. If the record brought | ||||||
| 17 | under an expungement petition was previously sealed under | ||||||
| 18 | this Section, the fee for the expungement petition for that | ||||||
| 19 | same record shall be waived. | ||||||
| 20 | (11) Final Order. No court order issued under the | ||||||
| 21 | expungement or sealing provisions of this Section shall | ||||||
| 22 | become final for purposes of appeal until 30 days after | ||||||
| 23 | service of the order on the petitioner and all parties | ||||||
| 24 | entitled to notice of the petition. | ||||||
| 25 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
| 26 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
| |||||||
| |||||||
| 1 | petitioner or any party entitled to notice may file a | ||||||
| 2 | motion to vacate, modify, or reconsider the order granting | ||||||
| 3 | or denying the petition to expunge or seal within 60 days | ||||||
| 4 | of service of the order. If filed more than 60 days after | ||||||
| 5 | service of the order, a petition to vacate, modify, or | ||||||
| 6 | reconsider shall comply with subsection (c) of Section | ||||||
| 7 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
| 8 | motion to vacate, modify, or reconsider, notice of the | ||||||
| 9 | motion shall be served upon the petitioner and all parties | ||||||
| 10 | entitled to notice of the petition. | ||||||
| 11 | (13) Effect of Order. An order granting a petition | ||||||
| 12 | under the expungement or sealing provisions of this Section | ||||||
| 13 | shall not be considered void because it fails to comply | ||||||
| 14 | with the provisions of this Section or because of any error | ||||||
| 15 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
| 16 | circuit court retains jurisdiction to determine whether | ||||||
| 17 | the order is voidable and to vacate, modify, or reconsider | ||||||
| 18 | its terms based on a motion filed under paragraph (12) of | ||||||
| 19 | this subsection (d). | ||||||
| 20 | (14) Compliance with Order Granting Petition to Seal | ||||||
| 21 | Records. Unless a court has entered a stay of an order | ||||||
| 22 | granting a petition to seal, all parties entitled to notice | ||||||
| 23 | of the petition must fully comply with the terms of the | ||||||
| 24 | order within 60 days of service of the order even if a | ||||||
| 25 | party is seeking relief from the order through a motion | ||||||
| 26 | filed under paragraph (12) of this subsection (d) or is | ||||||
| |||||||
| |||||||
| 1 | appealing the order. | ||||||
| 2 | (15) Compliance with Order Granting Petition to | ||||||
| 3 | Expunge Records. While a party is seeking relief from the | ||||||
| 4 | order granting the petition to expunge through a motion | ||||||
| 5 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 6 | appealing the order, and unless a court has entered a stay | ||||||
| 7 | of that order, the parties entitled to notice of the | ||||||
| 8 | petition must seal, but need not expunge, the records until | ||||||
| 9 | there is a final order on the motion for relief or, in the | ||||||
| 10 | case of an appeal, the issuance of that court's mandate. | ||||||
| 11 | (16) The changes to this subsection (d) made by Public | ||||||
| 12 | Act 98-163 apply to all petitions pending on August 5, 2013 | ||||||
| 13 | (the effective date of Public Act 98-163) and to all orders | ||||||
| 14 | ruling on a petition to expunge or seal on or after August | ||||||
| 15 | 5, 2013 (the effective date of Public Act 98-163). | ||||||
| 16 | (e) Whenever a person who has been convicted of an offense | ||||||
| 17 | is granted
a pardon by the Governor which specifically | ||||||
| 18 | authorizes expungement, he or she may,
upon verified petition | ||||||
| 19 | to the Chief Judge of the circuit where the person had
been | ||||||
| 20 | convicted, any judge of the circuit designated by the Chief | ||||||
| 21 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
| 22 | presiding trial judge at the
defendant's trial, have a court | ||||||
| 23 | order entered expunging the record of
arrest from the official | ||||||
| 24 | records of the arresting authority and order that the
records | ||||||
| 25 | of the circuit court clerk and the Illinois State Police | ||||||
| 26 | Department be sealed until
further order of the court upon good | ||||||
| |||||||
| |||||||
| 1 | cause shown or as otherwise provided
herein, and the name of | ||||||
| 2 | the defendant obliterated from the official index
requested to | ||||||
| 3 | be kept by the circuit court clerk under Section 16 of the | ||||||
| 4 | Clerks
of Courts Act in connection with the arrest and | ||||||
| 5 | conviction for the offense for
which he or she had been | ||||||
| 6 | pardoned but the order shall not affect any index issued by
the | ||||||
| 7 | circuit court clerk before the entry of the order. All records | ||||||
| 8 | sealed by
the Illinois State Police Department may be | ||||||
| 9 | disseminated by the Illinois State Police Department only to | ||||||
| 10 | the arresting authority, the State's Attorney, and the court | ||||||
| 11 | upon a later
arrest for the same or similar offense or for the | ||||||
| 12 | purpose of sentencing for any
subsequent felony. Upon | ||||||
| 13 | conviction for any subsequent offense, the Department
of | ||||||
| 14 | Corrections shall have access to all sealed records of the | ||||||
| 15 | Illinois State Police Department
pertaining to that | ||||||
| 16 | individual. Upon entry of the order of expungement, the
circuit | ||||||
| 17 | court clerk shall promptly mail a copy of the order to the
| ||||||
| 18 | person who was pardoned. | ||||||
| 19 | (e-5) Whenever a person who has been convicted of an | ||||||
| 20 | offense is granted a certificate of eligibility for sealing by | ||||||
| 21 | the Prisoner Review Board which specifically authorizes | ||||||
| 22 | sealing, he or she may, upon verified petition to the Chief | ||||||
| 23 | Judge of the circuit where the person had been convicted, any | ||||||
| 24 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 25 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 26 | trial judge at the petitioner's trial, have a court order | ||||||
| |||||||
| |||||||
| 1 | entered sealing the record of arrest from the official records | ||||||
| 2 | of the arresting authority and order that the records of the | ||||||
| 3 | circuit court clerk and the Illinois State Police Department be | ||||||
| 4 | sealed until further order of the court upon good cause shown | ||||||
| 5 | or as otherwise provided herein, and the name of the petitioner | ||||||
| 6 | obliterated from the official index requested to be kept by the | ||||||
| 7 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
| 8 | Act in connection with the arrest and conviction for the | ||||||
| 9 | offense for which he or she had been granted the certificate | ||||||
| 10 | but the order shall not affect any index issued by the circuit | ||||||
| 11 | court clerk before the entry of the order. All records sealed | ||||||
| 12 | by the Illinois State Police Department may be disseminated by | ||||||
| 13 | the Illinois State Police Department only as required by this | ||||||
| 14 | Act or to the arresting authority, a law enforcement agency, | ||||||
| 15 | the State's Attorney, and the court upon a later arrest for the | ||||||
| 16 | same or similar offense or for the purpose of sentencing for | ||||||
| 17 | any subsequent felony. Upon conviction for any subsequent | ||||||
| 18 | offense, the Department of Corrections shall have access to all | ||||||
| 19 | sealed records of the Illinois State Police Department | ||||||
| 20 | pertaining to that individual. Upon entry of the order of | ||||||
| 21 | sealing, the circuit court clerk shall promptly mail a copy of | ||||||
| 22 | the order to the person who was granted the certificate of | ||||||
| 23 | eligibility for sealing. | ||||||
| 24 | (e-6) Whenever a person who has been convicted of an | ||||||
| 25 | offense is granted a certificate of eligibility for expungement | ||||||
| 26 | by the Prisoner Review Board which specifically authorizes | ||||||
| |||||||
| |||||||
| 1 | expungement, he or she may, upon verified petition to the Chief | ||||||
| 2 | Judge of the circuit where the person had been convicted, any | ||||||
| 3 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 4 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 5 | trial judge at the petitioner's trial, have a court order | ||||||
| 6 | entered expunging the record of arrest from the official | ||||||
| 7 | records of the arresting authority and order that the records | ||||||
| 8 | of the circuit court clerk and the Illinois State Police | ||||||
| 9 | Department be sealed until further order of the court upon good | ||||||
| 10 | cause shown or as otherwise provided herein, and the name of | ||||||
| 11 | the petitioner obliterated from the official index requested to | ||||||
| 12 | be kept by the circuit court clerk under Section 16 of the | ||||||
| 13 | Clerks of Courts Act in connection with the arrest and | ||||||
| 14 | conviction for the offense for which he or she had been granted | ||||||
| 15 | the certificate but the order shall not affect any index issued | ||||||
| 16 | by the circuit court clerk before the entry of the order. All | ||||||
| 17 | records sealed by the Illinois State Police Department may be | ||||||
| 18 | disseminated by the Illinois State Police Department only as | ||||||
| 19 | required by this Act or to the arresting authority, a law | ||||||
| 20 | enforcement agency, the State's Attorney, and the court upon a | ||||||
| 21 | later arrest for the same or similar offense or for the purpose | ||||||
| 22 | of sentencing for any subsequent felony. Upon conviction for | ||||||
| 23 | any subsequent offense, the Department of Corrections shall | ||||||
| 24 | have access to all expunged records of the Illinois State | ||||||
| 25 | Police Department pertaining to that individual. Upon entry of | ||||||
| 26 | the order of expungement, the circuit court clerk shall | ||||||
| |||||||
| |||||||
| 1 | promptly mail a copy of the order to the person who was granted | ||||||
| 2 | the certificate of eligibility for expungement. | ||||||
| 3 | (f) Subject to available funding, the Illinois Department
| ||||||
| 4 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
| 5 | especially on employment and recidivism rates, utilizing a
| ||||||
| 6 | random sample of those who apply for the sealing of their
| ||||||
| 7 | criminal records under Public Act 93-211. At the request of the
| ||||||
| 8 | Illinois Department of Corrections, records of the Illinois
| ||||||
| 9 | Department of Employment Security shall be utilized as
| ||||||
| 10 | appropriate to assist in the study. The study shall not
| ||||||
| 11 | disclose any data in a manner that would allow the
| ||||||
| 12 | identification of any particular individual or employing unit.
| ||||||
| 13 | The study shall be made available to the General Assembly no
| ||||||
| 14 | later than September 1, 2010.
| ||||||
| 15 | (g) Immediate Sealing. | ||||||
| 16 | (1) Applicability. Notwithstanding any other provision | ||||||
| 17 | of this Act to the contrary, and cumulative with any rights | ||||||
| 18 | to expungement or sealing of criminal records, this | ||||||
| 19 | subsection authorizes the immediate sealing of criminal | ||||||
| 20 | records of adults and of minors prosecuted as adults. | ||||||
| 21 | (2) Eligible Records. Arrests or charges not initiated | ||||||
| 22 | by arrest resulting in acquittal or dismissal with | ||||||
| 23 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
| 24 | that occur on or after January 1, 2018 (the effective date | ||||||
| 25 | of Public Act 100-282), may be sealed immediately if the | ||||||
| 26 | petition is filed with the circuit court clerk on the same | ||||||
| |||||||
| |||||||
| 1 | day and during the same hearing in which the case is | ||||||
| 2 | disposed. | ||||||
| 3 | (3) When Records are Eligible to be Immediately Sealed. | ||||||
| 4 | Eligible records under paragraph (2) of this subsection (g) | ||||||
| 5 | may be sealed immediately after entry of the final | ||||||
| 6 | disposition of a case, notwithstanding the disposition of | ||||||
| 7 | other charges in the same case. | ||||||
| 8 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
| 9 | entry of a disposition for an eligible record under this | ||||||
| 10 | subsection (g), the defendant shall be informed by the | ||||||
| 11 | court of his or her right to have eligible records | ||||||
| 12 | immediately sealed and the procedure for the immediate | ||||||
| 13 | sealing of these records. | ||||||
| 14 | (5) Procedure. The following procedures apply to | ||||||
| 15 | immediate sealing under this subsection (g). | ||||||
| 16 | (A) Filing the Petition. Upon entry of the final | ||||||
| 17 | disposition of the case, the defendant's attorney may | ||||||
| 18 | immediately petition the court, on behalf of the | ||||||
| 19 | defendant, for immediate sealing of eligible records | ||||||
| 20 | under paragraph (2) of this subsection (g) that are | ||||||
| 21 | entered on or after January 1, 2018 (the effective date | ||||||
| 22 | of Public Act 100-282). The immediate sealing petition | ||||||
| 23 | may be filed with the circuit court clerk during the | ||||||
| 24 | hearing in which the final disposition of the case is | ||||||
| 25 | entered. If the defendant's attorney does not file the | ||||||
| 26 | petition for immediate sealing during the hearing, the | ||||||
| |||||||
| |||||||
| 1 | defendant may file a petition for sealing at any time | ||||||
| 2 | as authorized under subsection (c)(3)(A). | ||||||
| 3 | (B) Contents of Petition. The immediate sealing | ||||||
| 4 | petition shall be verified and shall contain the | ||||||
| 5 | petitioner's name, date of birth, current address, and | ||||||
| 6 | for each eligible record, the case number, the date of | ||||||
| 7 | arrest if applicable, the identity of the arresting | ||||||
| 8 | authority if applicable, and other information as the | ||||||
| 9 | court may require. | ||||||
| 10 | (C) Drug Test. The petitioner shall not be required | ||||||
| 11 | to attach proof that he or she has passed a drug test. | ||||||
| 12 | (D) Service of Petition. A copy of the petition | ||||||
| 13 | shall be served on the State's Attorney in open court. | ||||||
| 14 | The petitioner shall not be required to serve a copy of | ||||||
| 15 | the petition on any other agency. | ||||||
| 16 | (E) Entry of Order. The presiding trial judge shall | ||||||
| 17 | enter an order granting or denying the petition for | ||||||
| 18 | immediate sealing during the hearing in which it is | ||||||
| 19 | filed. Petitions for immediate sealing shall be ruled | ||||||
| 20 | on in the same hearing in which the final disposition | ||||||
| 21 | of the case is entered. | ||||||
| 22 | (F) Hearings. The court shall hear the petition for | ||||||
| 23 | immediate sealing on the same day and during the same | ||||||
| 24 | hearing in which the disposition is rendered. | ||||||
| 25 | (G) Service of Order. An order to immediately seal | ||||||
| 26 | eligible records shall be served in conformance with | ||||||
| |||||||
| |||||||
| 1 | subsection (d)(8). | ||||||
| 2 | (H) Implementation of Order. An order to | ||||||
| 3 | immediately seal records shall be implemented in | ||||||
| 4 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
| 5 | (I) Fees. The fee imposed by the circuit court | ||||||
| 6 | clerk and the Illinois Department of State Police shall | ||||||
| 7 | comply with paragraph (1) of subsection (d) of this | ||||||
| 8 | Section. | ||||||
| 9 | (J) Final Order. No court order issued under this | ||||||
| 10 | subsection (g) shall become final for purposes of | ||||||
| 11 | appeal until 30 days after service of the order on the | ||||||
| 12 | petitioner and all parties entitled to service of the | ||||||
| 13 | order in conformance with subsection (d)(8). | ||||||
| 14 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
| 15 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
| 16 | petitioner, State's Attorney, or the Illinois | ||||||
| 17 | Department of State Police may file a motion to vacate, | ||||||
| 18 | modify, or reconsider the order denying the petition to | ||||||
| 19 | immediately seal within 60 days of service of the | ||||||
| 20 | order. If filed more than 60 days after service of the | ||||||
| 21 | order, a petition to vacate, modify, or reconsider | ||||||
| 22 | shall comply with subsection (c) of Section 2-1401 of | ||||||
| 23 | the Code of Civil Procedure. | ||||||
| 24 | (L) Effect of Order. An order granting an immediate | ||||||
| 25 | sealing petition shall not be considered void because | ||||||
| 26 | it fails to comply with the provisions of this Section | ||||||
| |||||||
| |||||||
| 1 | or because of an error asserted in a motion to vacate, | ||||||
| 2 | modify, or reconsider. The circuit court retains | ||||||
| 3 | jurisdiction to determine whether the order is | ||||||
| 4 | voidable, and to vacate, modify, or reconsider its | ||||||
| 5 | terms based on a motion filed under subparagraph (L) of | ||||||
| 6 | this subsection (g). | ||||||
| 7 | (M) Compliance with Order Granting Petition to | ||||||
| 8 | Seal Records. Unless a court has entered a stay of an | ||||||
| 9 | order granting a petition to immediately seal, all | ||||||
| 10 | parties entitled to service of the order must fully | ||||||
| 11 | comply with the terms of the order within 60 days of | ||||||
| 12 | service of the order. | ||||||
| 13 | (h) Sealing; trafficking victims. | ||||||
| 14 | (1) A trafficking victim as defined by paragraph (10) | ||||||
| 15 | of subsection (a) of Section 10-9 of the Criminal Code of | ||||||
| 16 | 2012 shall be eligible to petition for immediate sealing of | ||||||
| 17 | his or her criminal record upon the completion of his or | ||||||
| 18 | her last sentence if his or her participation in the | ||||||
| 19 | underlying offense was a direct result of human trafficking | ||||||
| 20 | under Section 10-9 of the Criminal Code of 2012 or a severe | ||||||
| 21 | form of trafficking under the federal Trafficking Victims | ||||||
| 22 | Protection Act. | ||||||
| 23 | (2) A petitioner under this subsection (h), in addition | ||||||
| 24 | to the requirements provided under paragraph (4) of | ||||||
| 25 | subsection (d) of this Section, shall include in his or her | ||||||
| 26 | petition a clear and concise statement that: (A) he or she | ||||||
| |||||||
| |||||||
| 1 | was a victim of human trafficking at the time of the | ||||||
| 2 | offense; and (B) that his or her participation in the | ||||||
| 3 | offense was a direct result of human trafficking under | ||||||
| 4 | Section 10-9 of the Criminal Code of 2012 or a severe form | ||||||
| 5 | of trafficking under the federal Trafficking Victims | ||||||
| 6 | Protection Act. | ||||||
| 7 | (3) If an objection is filed alleging that the | ||||||
| 8 | petitioner is not entitled to immediate sealing under this | ||||||
| 9 | subsection (h), the court shall conduct a hearing under | ||||||
| 10 | paragraph (7) of subsection (d) of this Section and the | ||||||
| 11 | court shall determine whether the petitioner is entitled to | ||||||
| 12 | immediate sealing under this subsection (h). A petitioner | ||||||
| 13 | is eligible for immediate relief under this subsection (h) | ||||||
| 14 | if he or she shows, by a preponderance of the evidence, | ||||||
| 15 | that: (A) he or she was a victim of human trafficking at | ||||||
| 16 | the time of the offense; and (B) that his or her | ||||||
| 17 | participation in the offense was a direct result of human | ||||||
| 18 | trafficking under Section 10-9 of the Criminal Code of 2012 | ||||||
| 19 | or a severe form of trafficking under the federal | ||||||
| 20 | Trafficking Victims Protection Act. | ||||||
| 21 | (i) Minor Cannabis Offenses under the Cannabis Control Act. | ||||||
| 22 | (1) Expungement of Arrest Records of Minor Cannabis | ||||||
| 23 | Offenses. | ||||||
| 24 | (A) The Illinois Department of State Police and all | ||||||
| 25 | law enforcement agencies within the State shall | ||||||
| 26 | automatically expunge all criminal history records of | ||||||
| |||||||
| |||||||
| 1 | an arrest, charge not initiated by arrest, order of | ||||||
| 2 | supervision, or order of qualified probation for a | ||||||
| 3 | Minor Cannabis Offense committed prior to June 25, 2019 | ||||||
| 4 | (the effective date of Public Act 101-27) if: | ||||||
| 5 | (i) One year or more has elapsed since the date | ||||||
| 6 | of the arrest or law enforcement interaction | ||||||
| 7 | documented in the records; and | ||||||
| 8 | (ii) No criminal charges were filed relating | ||||||
| 9 | to the arrest or law enforcement interaction or | ||||||
| 10 | criminal charges were filed and subsequently | ||||||
| 11 | dismissed or vacated or the arrestee was | ||||||
| 12 | acquitted. | ||||||
| 13 | (B) If the law enforcement agency is unable to | ||||||
| 14 | verify satisfaction of condition (ii) in paragraph | ||||||
| 15 | (A), records that satisfy condition (i) in paragraph | ||||||
| 16 | (A) shall be automatically expunged. | ||||||
| 17 | (C) Records shall be expunged by the law | ||||||
| 18 | enforcement agency under the following timelines: | ||||||
| 19 | (i) Records created prior to June 25, 2019 (the | ||||||
| 20 | effective date of Public Act 101-27), but on or | ||||||
| 21 | after January 1, 2013, shall be automatically | ||||||
| 22 | expunged prior to January 1, 2021; | ||||||
| 23 | (ii) Records created prior to January 1, 2013, | ||||||
| 24 | but on or after January 1, 2000, shall be | ||||||
| 25 | automatically expunged prior to January 1, 2023; | ||||||
| 26 | (iii) Records created prior to January 1, 2000 | ||||||
| |||||||
| |||||||
| 1 | shall be automatically expunged prior to January | ||||||
| 2 | 1, 2025. | ||||||
| 3 | In response to an inquiry for expunged records, the | ||||||
| 4 | law enforcement agency receiving such inquiry shall | ||||||
| 5 | reply as it does in response to inquiries when no | ||||||
| 6 | records ever existed; however, it shall provide a | ||||||
| 7 | certificate of disposition or confirmation that the | ||||||
| 8 | record was expunged to the individual whose record was | ||||||
| 9 | expunged if such a record exists. | ||||||
| 10 | (D) Nothing in this Section shall be construed to | ||||||
| 11 | restrict or modify an individual's right to have that | ||||||
| 12 | individual's records expunged except as otherwise may | ||||||
| 13 | be provided in this Act, or diminish or abrogate any | ||||||
| 14 | rights or remedies otherwise available to the | ||||||
| 15 | individual. | ||||||
| 16 | (2) Pardons Authorizing Expungement of Minor Cannabis | ||||||
| 17 | Offenses. | ||||||
| 18 | (A) Upon June 25, 2019 (the effective date of | ||||||
| 19 | Public Act 101-27), the Illinois Department of State | ||||||
| 20 | Police shall review all criminal history record | ||||||
| 21 | information and identify all records that meet all of | ||||||
| 22 | the following criteria: | ||||||
| 23 | (i) one or more convictions for a Minor | ||||||
| 24 | Cannabis Offense; | ||||||
| 25 | (ii) the conviction identified in paragraph | ||||||
| 26 | (2)(A)(i) did not include a penalty enhancement | ||||||
| |||||||
| |||||||
| 1 | under Section 7 of the Cannabis Control Act; and | ||||||
| 2 | (iii) the conviction identified in paragraph | ||||||
| 3 | (2)(A)(i) is not associated with a conviction for a | ||||||
| 4 | violent crime as defined in subsection (c) of | ||||||
| 5 | Section 3 of the Rights of Crime Victims and | ||||||
| 6 | Witnesses Act. | ||||||
| 7 | (B) Within 180 days after June 25, 2019 (the | ||||||
| 8 | effective date of Public Act 101-27), the Illinois | ||||||
| 9 | Department of State Police shall notify the Prisoner | ||||||
| 10 | Review Board of all such records that meet the criteria | ||||||
| 11 | established in paragraph (2)(A). | ||||||
| 12 | (i) The Prisoner Review Board shall notify the | ||||||
| 13 | State's Attorney of the county of conviction of | ||||||
| 14 | each record identified by the Illinois State | ||||||
| 15 | Police in paragraph (2)(A) that is classified as a | ||||||
| 16 | Class 4 felony. The State's Attorney may provide a | ||||||
| 17 | written objection to the Prisoner Review Board on | ||||||
| 18 | the sole basis that the record identified does not | ||||||
| 19 | meet the criteria established in paragraph (2)(A). | ||||||
| 20 | Such an objection must be filed within 60 days or | ||||||
| 21 | by such later date set by Prisoner Review Board in | ||||||
| 22 | the notice after the State's Attorney received | ||||||
| 23 | notice from the Prisoner Review Board. | ||||||
| 24 | (ii) In response to a written objection from a | ||||||
| 25 | State's Attorney, the Prisoner Review Board is | ||||||
| 26 | authorized to conduct a non-public hearing to | ||||||
| |||||||
| |||||||
| 1 | evaluate the information provided in the | ||||||
| 2 | objection. | ||||||
| 3 | (iii) The Prisoner Review Board shall make a | ||||||
| 4 | confidential and privileged recommendation to the | ||||||
| 5 | Governor as to whether to grant a pardon | ||||||
| 6 | authorizing expungement for each of the records | ||||||
| 7 | identified by the Illinois Department of State | ||||||
| 8 | Police as described in paragraph (2)(A). | ||||||
| 9 | (C) If an individual has been granted a pardon | ||||||
| 10 | authorizing expungement as described in this Section, | ||||||
| 11 | the Prisoner Review Board, through the Attorney | ||||||
| 12 | General, shall file a petition for expungement with the | ||||||
| 13 | Chief Judge of the circuit or any judge of the circuit | ||||||
| 14 | designated by the Chief Judge where the individual had | ||||||
| 15 | been convicted. Such petition may include more than one | ||||||
| 16 | individual. Whenever an individual who has been | ||||||
| 17 | convicted of an offense is granted a pardon by the | ||||||
| 18 | Governor that specifically authorizes expungement, an | ||||||
| 19 | objection to the petition may not be filed. Petitions | ||||||
| 20 | to expunge under this subsection (i) may include more | ||||||
| 21 | than one individual. Within 90 days of the filing of | ||||||
| 22 | such a petition, the court shall enter an order | ||||||
| 23 | expunging the records of arrest from the official | ||||||
| 24 | records of the arresting authority and order that the | ||||||
| 25 | records of the circuit court clerk and the Illinois | ||||||
| 26 | Department of State Police be expunged and the name of | ||||||
| |||||||
| |||||||
| 1 | the defendant obliterated from the official index | ||||||
| 2 | requested to be kept by the circuit court clerk under | ||||||
| 3 | Section 16 of the Clerks of Courts Act in connection | ||||||
| 4 | with the arrest and conviction for the offense for | ||||||
| 5 | which the individual had received a pardon but the | ||||||
| 6 | order shall not affect any index issued by the circuit | ||||||
| 7 | court clerk before the entry of the order. Upon entry | ||||||
| 8 | of the order of expungement, the circuit court clerk | ||||||
| 9 | shall promptly provide a copy of the order and a | ||||||
| 10 | certificate of disposition to the individual who was | ||||||
| 11 | pardoned to the individual's last known address or by | ||||||
| 12 | electronic means (if available) or otherwise make it | ||||||
| 13 | available to the individual upon request. | ||||||
| 14 | (D) Nothing in this Section is intended to diminish | ||||||
| 15 | or abrogate any rights or remedies otherwise available | ||||||
| 16 | to the individual. | ||||||
| 17 | (3) Any individual may file a motion to vacate and | ||||||
| 18 | expunge a conviction for a misdemeanor or Class 4 felony | ||||||
| 19 | violation of Section 4 or Section 5 of the Cannabis Control | ||||||
| 20 | Act. Motions to vacate and expunge under this subsection | ||||||
| 21 | (i) may be filed with the circuit court, Chief Judge of a | ||||||
| 22 | judicial circuit or any judge of the circuit designated by | ||||||
| 23 | the Chief Judge. The circuit court clerk shall promptly | ||||||
| 24 | serve a copy of the motion to vacate and expunge, and any | ||||||
| 25 | supporting documentation, on the State's Attorney or | ||||||
| 26 | prosecutor charged with the duty of prosecuting the | ||||||
| |||||||
| |||||||
| 1 | offense. When considering such a motion to vacate and | ||||||
| 2 | expunge, a court shall consider the following: the reasons | ||||||
| 3 | to retain the records provided by law enforcement, the | ||||||
| 4 | petitioner's age, the petitioner's age at the time of | ||||||
| 5 | offense, the time since the conviction, and the specific | ||||||
| 6 | adverse consequences if denied. An individual may file such | ||||||
| 7 | a petition after the completion of any non-financial | ||||||
| 8 | sentence or non-financial condition imposed by the | ||||||
| 9 | conviction. Within 60 days of the filing of such motion, a | ||||||
| 10 | State's Attorney may file an objection to such a petition | ||||||
| 11 | along with supporting evidence. If a motion to vacate and | ||||||
| 12 | expunge is granted, the records shall be expunged in | ||||||
| 13 | accordance with subparagraphs (d)(8) and (d)(9)(A) of this | ||||||
| 14 | Section. An agency providing civil legal aid, as defined by | ||||||
| 15 | Section 15 of the Public Interest Attorney Assistance Act, | ||||||
| 16 | assisting individuals seeking to file a motion to vacate | ||||||
| 17 | and expunge under this subsection may file motions to | ||||||
| 18 | vacate and expunge with the Chief Judge of a judicial | ||||||
| 19 | circuit or any judge of the circuit designated by the Chief | ||||||
| 20 | Judge, and the motion may include more than one individual. | ||||||
| 21 | Motions filed by an agency providing civil legal aid | ||||||
| 22 | concerning more than one individual may be prepared, | ||||||
| 23 | presented, and signed electronically. | ||||||
| 24 | (4) Any State's Attorney may file a motion to vacate | ||||||
| 25 | and expunge a conviction for a misdemeanor or Class 4 | ||||||
| 26 | felony violation of Section 4 or Section 5 of the Cannabis | ||||||
| |||||||
| |||||||
| 1 | Control Act. Motions to vacate and expunge under this | ||||||
| 2 | subsection (i) may be filed with the circuit court, Chief | ||||||
| 3 | Judge of a judicial circuit or any judge of the circuit | ||||||
| 4 | designated by the Chief Judge, and may include more than | ||||||
| 5 | one individual. Motions filed by a State's Attorney | ||||||
| 6 | concerning more than one individual may be prepared, | ||||||
| 7 | presented, and signed electronically. When considering | ||||||
| 8 | such a motion to vacate and expunge, a court shall consider | ||||||
| 9 | the following: the reasons to retain the records provided | ||||||
| 10 | by law enforcement, the individual's age, the individual's | ||||||
| 11 | age at the time of offense, the time since the conviction, | ||||||
| 12 | and the specific adverse consequences if denied. Upon entry | ||||||
| 13 | of an order granting a motion to vacate and expunge records | ||||||
| 14 | pursuant to this Section, the State's Attorney shall notify | ||||||
| 15 | the Prisoner Review Board within 30 days. Upon entry of the | ||||||
| 16 | order of expungement, the circuit court clerk shall | ||||||
| 17 | promptly provide a copy of the order and a certificate of | ||||||
| 18 | disposition to the individual whose records will be | ||||||
| 19 | expunged to the individual's last known address or by | ||||||
| 20 | electronic means (if available) or otherwise make | ||||||
| 21 | available to the individual upon request. If a motion to | ||||||
| 22 | vacate and expunge is granted, the records shall be | ||||||
| 23 | expunged in accordance with subparagraphs (d)(8) and | ||||||
| 24 | (d)(9)(A) of this Section. | ||||||
| 25 | (5) In the public interest, the State's Attorney of a | ||||||
| 26 | county has standing to file motions to vacate and expunge | ||||||
| |||||||
| |||||||
| 1 | pursuant to this Section in the circuit court with | ||||||
| 2 | jurisdiction over the underlying conviction. | ||||||
| 3 | (6) If a person is arrested for a Minor Cannabis | ||||||
| 4 | Offense as defined in this Section before June 25, 2019 | ||||||
| 5 | (the effective date of Public Act 101-27) and the person's | ||||||
| 6 | case is still pending but a sentence has not been imposed, | ||||||
| 7 | the person may petition the court in which the charges are | ||||||
| 8 | pending for an order to summarily dismiss those charges | ||||||
| 9 | against him or her, and expunge all official records of his | ||||||
| 10 | or her arrest, plea, trial, conviction, incarceration, | ||||||
| 11 | supervision, or expungement. If the court determines, upon | ||||||
| 12 | review, that:
(A) the person was arrested before June 25, | ||||||
| 13 | 2019 (the effective date of Public Act 101-27) for an | ||||||
| 14 | offense that has been made eligible for expungement;
(B) | ||||||
| 15 | the case is pending at the time; and
(C) the person has not | ||||||
| 16 | been sentenced of the minor cannabis violation eligible for | ||||||
| 17 | expungement under this subsection, the court shall | ||||||
| 18 | consider the following: the reasons to retain the records | ||||||
| 19 | provided by law enforcement, the petitioner's age, the | ||||||
| 20 | petitioner's age at the time of offense, the time since the | ||||||
| 21 | conviction, and the specific adverse consequences if | ||||||
| 22 | denied. If a motion to dismiss and expunge is granted, the | ||||||
| 23 | records shall be expunged in accordance with subparagraph | ||||||
| 24 | (d)(9)(A) of this Section. | ||||||
| 25 | (7) A person imprisoned solely as a result of one or | ||||||
| 26 | more convictions for Minor Cannabis Offenses under this | ||||||
| |||||||
| |||||||
| 1 | subsection (i) shall be released from incarceration upon | ||||||
| 2 | the issuance of an order under this subsection. | ||||||
| 3 | (8) The Illinois Department of State Police shall allow | ||||||
| 4 | a person to use the access and review process, established | ||||||
| 5 | in the Illinois State Police Department of State Police, | ||||||
| 6 | for verifying that his or her records relating to Minor | ||||||
| 7 | Cannabis Offenses of the Cannabis Control Act eligible | ||||||
| 8 | under this Section have been expunged. | ||||||
| 9 | (9) No conviction vacated pursuant to this Section | ||||||
| 10 | shall serve as the basis for damages for time unjustly | ||||||
| 11 | served as provided in the Court of Claims Act. | ||||||
| 12 | (10) Effect of Expungement. A person's right to expunge | ||||||
| 13 | an expungeable offense shall not be limited under this | ||||||
| 14 | Section. The effect of an order of expungement shall be to | ||||||
| 15 | restore the person to the status he or she occupied before | ||||||
| 16 | the arrest, charge, or conviction. | ||||||
| 17 | (11) Information. The Illinois Department of State | ||||||
| 18 | Police shall post general information on its website about | ||||||
| 19 | the expungement process described in this subsection (i). | ||||||
| 20 | (Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18; | ||||||
| 21 | 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff. | ||||||
| 22 | 8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863, | ||||||
| 23 | eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
| 24 | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. | ||||||
| 25 | 12-4-19.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2630/7) (from Ch. 38, par. 206-7)
| ||||||
| 2 | Sec. 7.
No file or record of the Illinois State Police | ||||||
| 3 | Department hereby created shall be
made public, except as | ||||||
| 4 | provided in the "Illinois Uniform Conviction
Information Act" | ||||||
| 5 | or other Illinois law or as may be necessary in the
| ||||||
| 6 | identification of persons suspected or accused of crime and in | ||||||
| 7 | their trial
for offenses committed after having been imprisoned | ||||||
| 8 | for a prior offense;
and no information of any character | ||||||
| 9 | relating to its records shall be given
or furnished by the | ||||||
| 10 | Illinois State Police said Department to any person, bureau or | ||||||
| 11 | institution other
than as provided in this Act or other State | ||||||
| 12 | law, or when a governmental
unit is required by state or | ||||||
| 13 | federal law to consider such information in
the performance of | ||||||
| 14 | its duties. Violation of this Section shall constitute a
Class | ||||||
| 15 | A misdemeanor.
| ||||||
| 16 | However, if an individual requests the Illinois State | ||||||
| 17 | Police Department to release
information as to the existence or | ||||||
| 18 | nonexistence of any criminal record
he might have, the Illinois | ||||||
| 19 | State Police Department shall do so upon determining that the
| ||||||
| 20 | person for whom the record is to be released is actually the | ||||||
| 21 | person
making the request. The Illinois State Police Department | ||||||
| 22 | shall establish reasonable fees and
rules to allow an | ||||||
| 23 | individual to review and correct any criminal history
record | ||||||
| 24 | information the Illinois State Police Department may hold | ||||||
| 25 | concerning that individual upon
verification of the identity of | ||||||
| 26 | the individual. Such rulemaking is subject
to the provisions of | ||||||
| |||||||
| |||||||
| 1 | the Illinois Administrative Procedure Act.
| ||||||
| 2 | (Source: P.A. 85-922.)
| ||||||
| 3 | (20 ILCS 2630/7.5) | ||||||
| 4 | Sec. 7.5. Notification of outstanding warrant. If the | ||||||
| 5 | existence of an outstanding arrest warrant is identified by the | ||||||
| 6 | Illinois Department of State Police in connection with the | ||||||
| 7 | criminal history background checks conducted pursuant to | ||||||
| 8 | subsection (b) of Section 2-201.5 of the Nursing Home Care Act, | ||||||
| 9 | Section 2-201.5 of the ID/DD Community Care Act, Section | ||||||
| 10 | 2-201.5 of the MC/DD Act, or subsection (d) of Section 6.09 of | ||||||
| 11 | the Hospital Licensing Act, the Illinois State Police | ||||||
| 12 | Department shall notify the jurisdiction issuing the warrant of | ||||||
| 13 | the following: | ||||||
| 14 | (1) Existence of the warrant. | ||||||
| 15 | (2) The name, address, and telephone number of the | ||||||
| 16 | licensed long term care facility in which the wanted person | ||||||
| 17 | resides. | ||||||
| 18 | Local issuing jurisdictions shall be aware that nursing | ||||||
| 19 | facilities have residents who may be fragile or vulnerable or | ||||||
| 20 | who may have a mental illness. When serving a warrant, law | ||||||
| 21 | enforcement shall make every attempt to mitigate the adverse | ||||||
| 22 | impact on other facility residents.
| ||||||
| 23 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
| 24 | (20 ILCS 2630/8) (from Ch. 38, par. 206-8)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 8. Crime statistics; sex offenders.
| ||||||
| 2 | (a) The Illinois State Police Department shall be a central | ||||||
| 3 | repository and custodian of crime
statistics for the State and | ||||||
| 4 | it shall have all power incident thereto to
carry out the | ||||||
| 5 | purposes of this Act, including the power to demand and
receive | ||||||
| 6 | cooperation in the submission of crime statistics from all | ||||||
| 7 | units of
government. On an annual basis, the Illinois Criminal | ||||||
| 8 | Justice Information Authority
shall make available | ||||||
| 9 | compilations
published by the Authority of crime
statistics | ||||||
| 10 | required to be reported by each policing body of the State, the
| ||||||
| 11 | clerks of the circuit court of each county, the Illinois | ||||||
| 12 | Department of
Corrections, the Sheriff of each county, and the | ||||||
| 13 | State's Attorney of each
county, including, but not limited to, | ||||||
| 14 | criminal arrest, charge and
disposition information. | ||||||
| 15 | (b) The Illinois State Police Department shall develop | ||||||
| 16 | information relating to the number of sex offenders and sexual | ||||||
| 17 | predators as defined in Section 2 of the Sex Offender | ||||||
| 18 | Registration Act who are placed on parole, mandatory supervised | ||||||
| 19 | release, or extended mandatory supervised release and who are | ||||||
| 20 | subject to electronic monitoring.
| ||||||
| 21 | (Source: P.A. 94-988, eff. 1-1-07.)
| ||||||
| 22 | (20 ILCS 2630/9) (from Ch. 38, par. 206-9)
| ||||||
| 23 | Sec. 9.
(a) Every county medical examiner and coroner | ||||||
| 24 | shall, in every
death investigation where the identity of a | ||||||
| 25 | dead body cannot be determined
by visual means, fingerprints, | ||||||
| |||||||
| |||||||
| 1 | or other identifying data, have a qualified
dentist, as | ||||||
| 2 | determined by the county medical examiner or coroner, conduct
a | ||||||
| 3 | dental examination of the dead body. If the county medical | ||||||
| 4 | examiner or
coroner, with the aid of the dental examination and | ||||||
| 5 | other identifiers, is
still unable to establish the identity of | ||||||
| 6 | the dead body, the medical examiner
or coroner shall forthwith | ||||||
| 7 | submit the dental records to the Illinois State Police | ||||||
| 8 | Department.
| ||||||
| 9 | (b) If a person reported missing has not been found within | ||||||
| 10 | 30 days, the
law enforcement agency to whom the person was | ||||||
| 11 | reported missing shall, within
the next 5 days, make all | ||||||
| 12 | necessary efforts to locate and request from the
family or next | ||||||
| 13 | of kin of the missing person written consent to contact and
| ||||||
| 14 | receive from the dentist of the missing person that person's | ||||||
| 15 | dental records
and shall forthwith make every reasonable effort | ||||||
| 16 | to acquire such records.
Within 5 days of the receipt of the | ||||||
| 17 | missing person's dental records, the
law enforcement agency | ||||||
| 18 | shall submit such records to the Illinois State Police | ||||||
| 19 | Department.
| ||||||
| 20 | (c) The Illinois State Police Department shall be the State | ||||||
| 21 | central repository for all dental
records submitted pursuant to | ||||||
| 22 | this Section. The Illinois State Police Department may
| ||||||
| 23 | promulgate rules for the form and manner of submission of | ||||||
| 24 | dental records,
reporting of the location or identification of | ||||||
| 25 | persons for whom dental
records have been submitted and other | ||||||
| 26 | procedures for program operations.
| ||||||
| |||||||
| |||||||
| 1 | (d) When a person who has been reported missing is located | ||||||
| 2 | and that person's
dental records have been submitted to the | ||||||
| 3 | Illinois State Police Department, the law enforcement agency
| ||||||
| 4 | which submitted that person's dental records to the Illinois | ||||||
| 5 | State Police Department shall report
that fact to the Illinois | ||||||
| 6 | State Police Department and the Illinois State Police | ||||||
| 7 | Department shall expunge the dental
records of that person from | ||||||
| 8 | the Illinois State Police's Department's file.
The Illinois | ||||||
| 9 | State Police Department shall also expunge from its files the | ||||||
| 10 | dental records of those
dead and missing persons who are | ||||||
| 11 | positively identified as a result of comparisons
made with its | ||||||
| 12 | files, the files maintained by other
states, territories, | ||||||
| 13 | insular possessions of the United States,
or the United States.
| ||||||
| 14 | (Source: P.A. 84-255.)
| ||||||
| 15 | (20 ILCS 2630/9.5) | ||||||
| 16 | Sec. 9.5. Material for DNA fingerprint analysis. Every | ||||||
| 17 | county medical examiner and coroner shall provide to the | ||||||
| 18 | Illinois State Police Department a sample of dried blood and | ||||||
| 19 | buccal specimens (tissue may be submitted if no uncontaminated | ||||||
| 20 | blood or buccal specimens can be obtained) from a dead body for | ||||||
| 21 | DNA fingerprint analysis if the Illinois State Police | ||||||
| 22 | Department notifies the medical examiner or coroner that the | ||||||
| 23 | Illinois State Police Department has determined that providing | ||||||
| 24 | that sample may be useful for law enforcement purposes in a | ||||||
| 25 | criminal investigation. In addition, if a local law enforcement | ||||||
| |||||||
| |||||||
| 1 | agency notifies a county medical examiner or coroner that such | ||||||
| 2 | a sample would be useful in a criminal examination, the county | ||||||
| 3 | medical examiner or coroner shall provide a sample to the local | ||||||
| 4 | law enforcement agency for submission to the Illinois State | ||||||
| 5 | Police Department.
| ||||||
| 6 | (Source: P.A. 95-500, eff. 1-1-08.)
| ||||||
| 7 | (20 ILCS 2630/10) (from Ch. 38, par. 206-10)
| ||||||
| 8 | Sec. 10. Judicial Remedies. The Attorney General or a | ||||||
| 9 | State's
Attorney may bring suit in the circuit courts to | ||||||
| 10 | prevent and restrain
violations of the Illinois Uniform | ||||||
| 11 | Conviction Information Act, enacted by
the 85th General | ||||||
| 12 | Assembly and to enforce the reporting provisions of
Section 2.1 | ||||||
| 13 | of this Act. The Illinois Department of State Police
may | ||||||
| 14 | request the Attorney General to bring any such action
| ||||||
| 15 | authorized by this subsection.
| ||||||
| 16 | (Source: P.A. 85-922.)
| ||||||
| 17 | (20 ILCS 2630/13)
| ||||||
| 18 | Sec. 13. Retention and release of sealed records. | ||||||
| 19 | (a) The Illinois Department of State Police shall retain | ||||||
| 20 | records sealed under
subsection (c) or (e-5) of Section 5.2 or | ||||||
| 21 | impounded under subparagraph (B) or (B-5) of paragraph (9) of | ||||||
| 22 | subsection (d) of Section 5.2 and shall release them only as | ||||||
| 23 | authorized by this Act. Felony records sealed under subsection | ||||||
| 24 | (c) or (e-5) of Section 5.2 or impounded under subparagraph (B) | ||||||
| |||||||
| |||||||
| 1 | or (B-5) of paragraph (9) of subsection (d) of Section 5.2
| ||||||
| 2 | shall be used and
disseminated by the Illinois State Police | ||||||
| 3 | Department only as otherwise specifically required or | ||||||
| 4 | authorized by a federal or State law, rule, or regulation that | ||||||
| 5 | requires inquiry into and release of criminal records, | ||||||
| 6 | including, but not limited to, subsection (A) of Section 3 of | ||||||
| 7 | this Act. However, all requests for records that have been | ||||||
| 8 | expunged, sealed, and impounded and the use of those records | ||||||
| 9 | are subject to the provisions of Section 2-103 of the Illinois | ||||||
| 10 | Human Rights Act. Upon
conviction for any offense, the | ||||||
| 11 | Department of Corrections shall have
access to all sealed | ||||||
| 12 | records of the Illinois State Police Department pertaining to | ||||||
| 13 | that
individual. | ||||||
| 14 | (b) Notwithstanding the foregoing, all sealed or impounded | ||||||
| 15 | records are subject to inspection and use by the court and | ||||||
| 16 | inspection and use by law enforcement agencies and State's | ||||||
| 17 | Attorneys or other prosecutors in carrying out the duties of | ||||||
| 18 | their offices.
| ||||||
| 19 | (c) The sealed or impounded records maintained under | ||||||
| 20 | subsection (a) are exempt from
disclosure under the Freedom of | ||||||
| 21 | Information Act. | ||||||
| 22 | (d) The Illinois Department of State Police shall commence | ||||||
| 23 | the sealing of records of felony arrests and felony convictions | ||||||
| 24 | pursuant to the provisions of subsection (c) of Section 5.2 of | ||||||
| 25 | this Act no later than one year from the date that funds have | ||||||
| 26 | been made available for purposes of establishing the | ||||||
| |||||||
| |||||||
| 1 | technologies necessary to implement the changes made by this | ||||||
| 2 | amendatory Act of the 93rd General Assembly.
| ||||||
| 3 | (Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; | ||||||
| 4 | 98-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
| ||||||
| 5 | (20 ILCS 2630/14)
| ||||||
| 6 | Sec. 14. Expungement Backlog Accountability Law. | ||||||
| 7 | (a) On or before August 1 of each year, the Illinois | ||||||
| 8 | Department of State Police shall report to the Governor, the | ||||||
| 9 | Attorney General, the Office of the State Appellate Defender, | ||||||
| 10 | and both houses of the General Assembly the following | ||||||
| 11 | information for the previous fiscal year: | ||||||
| 12 | (1) the number of petitions to expunge received by the | ||||||
| 13 | Illinois State Police Department; | ||||||
| 14 | (2) the number of petitions to expunge to which the | ||||||
| 15 | Illinois State Police Department objected pursuant to | ||||||
| 16 | subdivision (d)(5)(B) of Section 5.2 of this Act; | ||||||
| 17 | (3) the number of petitions to seal records received by | ||||||
| 18 | the Illinois State Police Department; | ||||||
| 19 | (4) the number of petitions to seal records to which | ||||||
| 20 | the Illinois State Police Department objected pursuant to | ||||||
| 21 | subdivision (d)(5)(B) of Section 5.2 of this Act; | ||||||
| 22 | (5) the number of orders to expunge received by the | ||||||
| 23 | Illinois State Police Department; | ||||||
| 24 | (6) the number of orders to expunge to which the | ||||||
| 25 | Illinois State Police Department successfully filed a
| ||||||
| |||||||
| |||||||
| 1 | motion to vacate, modify or reconsider under paragraph (12) | ||||||
| 2 | of subsection (d) of Section 5.2 of
this Act; | ||||||
| 3 | (7) the number of orders to expunge records entered by | ||||||
| 4 | the Illinois State Police Department; | ||||||
| 5 | (8) the number of orders to seal records received by | ||||||
| 6 | the Illinois State Police Department; | ||||||
| 7 | (9) the number of orders to seal records to which the | ||||||
| 8 | Illinois State Police Department successfully filed a
| ||||||
| 9 | motion to vacate, modify or reconsider under paragraph (12) | ||||||
| 10 | of subsection (d) of Section 5.2 of
this Act; | ||||||
| 11 | (10) the number of orders to seal records entered by | ||||||
| 12 | the Illinois State Police Department; | ||||||
| 13 | (11) the amount of fees received by the Illinois State | ||||||
| 14 | Police Department pursuant to subdivision (d)(10)
of | ||||||
| 15 | Section 5.2 of this Act and deposited into the State Police | ||||||
| 16 | Services Fund; | ||||||
| 17 | (12) the number of orders to expunge or to seal records | ||||||
| 18 | received by the Illinois State Police
Department that have | ||||||
| 19 | not been entered as of June 30 of the previous fiscal year. | ||||||
| 20 | (b) The information reported under this Section shall be | ||||||
| 21 | made available to the public, at the time it is reported, on | ||||||
| 22 | the official web site of the Illinois Department of State | ||||||
| 23 | Police. | ||||||
| 24 | (c) Upon request of a State's Attorney or the Attorney | ||||||
| 25 | General, the Illinois State Police Department shall provide | ||||||
| 26 | within 90 days a list of all orders to expunge or seal with | ||||||
| |||||||
| |||||||
| 1 | which the Illinois State Police Department has not yet | ||||||
| 2 | complied. This list shall include the date of the order, the | ||||||
| 3 | name of the petitioner, the case number, and a detailed | ||||||
| 4 | statement of the basis for non-compliance.
| ||||||
| 5 | (Source: P.A. 98-163, eff. 8-5-13.)
| ||||||
| 6 | Section 225. The Illinois Uniform Conviction Information | ||||||
| 7 | Act is amended by changing the title of the Act and Sections 2, | ||||||
| 8 | 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, and 21 | ||||||
| 9 | as follows:
| ||||||
| 10 | (20 ILCS 2635/Act title)
| ||||||
| 11 | An Act providing for uniform, public access to conviction | ||||||
| 12 | records
maintained by the Illinois Department of State Police, | ||||||
| 13 | amending certain
Acts in relation thereto.
| ||||||
| 14 | (20 ILCS 2635/2) (from Ch. 38, par. 1602)
| ||||||
| 15 | Sec. 2. Legislative Findings and Purposes. (A) The | ||||||
| 16 | legislature finds
and hereby declares that conviction | ||||||
| 17 | information maintained by the Illinois
Department of State | ||||||
| 18 | Police shall be publicly available in the State of
Illinois.
| ||||||
| 19 | (B) The purpose of this Act is: (1) to establish uniform | ||||||
| 20 | policy for
gaining access to and disseminating conviction | ||||||
| 21 | information maintained by
the State of Illinois; (2) to | ||||||
| 22 | establish guidelines and priorities which
fully support | ||||||
| 23 | effective law enforcement and ongoing criminal investigations
| ||||||
| |||||||
| |||||||
| 1 | and which ensure that conviction information is made accessible | ||||||
| 2 | within
appropriate time frames; (3) to ensure the accuracy and | ||||||
| 3 | completeness of
conviction information in the State of
| ||||||
| 4 | Illinois; and (4) to establish procedures for effectively | ||||||
| 5 | correcting errors
and providing individuals with redress of | ||||||
| 6 | grievances in the event that
inaccurate or incomplete | ||||||
| 7 | information may be disseminated about them.
| ||||||
| 8 | (Source: P.A. 85-922.)
| ||||||
| 9 | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
| ||||||
| 10 | Sec. 3. Definitions. Whenever used in this Act, and for the | ||||||
| 11 | purposes
of this Act, unless the context clearly indicates | ||||||
| 12 | otherwise:
| ||||||
| 13 | (A) "Accurate" means factually correct, containing no | ||||||
| 14 | mistake or error
of a material nature.
| ||||||
| 15 | (B) The phrase "administer the criminal laws" includes any | ||||||
| 16 | of the
following activities: intelligence gathering, | ||||||
| 17 | surveillance, criminal
investigation, crime detection and | ||||||
| 18 | prevention (including research),
apprehension, detention, | ||||||
| 19 | pretrial or post-trial release, prosecution, the
correctional | ||||||
| 20 | supervision or rehabilitation of accused persons or criminal
| ||||||
| 21 | offenders, criminal identification activities, data analysis | ||||||
| 22 | and research done by the sentencing commission, or the | ||||||
| 23 | collection,
maintenance or dissemination of criminal history | ||||||
| 24 | record information.
| ||||||
| 25 | (C) "The Authority" means the Illinois Criminal Justice | ||||||
| |||||||
| |||||||
| 1 | Information
Authority.
| ||||||
| 2 | (D) "Automated" means the utilization of computers, | ||||||
| 3 | telecommunication
lines, or other automatic data processing | ||||||
| 4 | equipment for data collection or
storage, analysis, | ||||||
| 5 | processing, preservation, maintenance, dissemination, or
| ||||||
| 6 | display and is distinguished from a system in which such | ||||||
| 7 | activities are
performed manually.
| ||||||
| 8 | (E) "Complete" means accurately reflecting all the | ||||||
| 9 | criminal history
record information about an individual that is | ||||||
| 10 | required to be reported to
the Illinois State Police Department | ||||||
| 11 | pursuant to Section 2.1 of the Criminal Identification Act.
| ||||||
| 12 | (F) "Conviction information" means data reflecting a | ||||||
| 13 | judgment of guilt
or nolo contendere. The term includes all | ||||||
| 14 | prior and subsequent criminal
history events directly relating | ||||||
| 15 | to such judgments, such as, but not
limited to: (1) the | ||||||
| 16 | notation of arrest; (2) the notation of charges filed;
(3) the | ||||||
| 17 | sentence imposed; (4) the fine imposed; and (5) all related
| ||||||
| 18 | probation, parole, and release information. Information ceases | ||||||
| 19 | to be
"conviction information" when a judgment of guilt is | ||||||
| 20 | reversed or vacated.
| ||||||
| 21 | For purposes of this Act, continuances to a date certain in | ||||||
| 22 | furtherance
of an order of supervision granted under Section | ||||||
| 23 | 5-6-1 of the Unified Code
of Corrections or an order of | ||||||
| 24 | probation granted under either Section 10 of
the Cannabis | ||||||
| 25 | Control Act, Section 410 of the Illinois Controlled
Substances | ||||||
| 26 | Act, Section 70 of the Methamphetamine Control and Community | ||||||
| |||||||
| |||||||
| 1 | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section | ||||||
| 2 | 12-3.05 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 3 | 2012, Section
10-102 of the Illinois Alcoholism and Other Drug | ||||||
| 4 | Dependency Act, Section
40-10 of the Substance Use Disorder | ||||||
| 5 | Act, or Section
10 of the Steroid Control Act shall not be | ||||||
| 6 | deemed "conviction information".
| ||||||
| 7 | (G) "Criminal history record information" means data | ||||||
| 8 | identifiable to an
individual, including information collected | ||||||
| 9 | under Section 4.5 of the Criminal Identification Act, and | ||||||
| 10 | consisting of descriptions or notations of arrests,
| ||||||
| 11 | detentions, indictments, informations, pretrial proceedings, | ||||||
| 12 | trials, or
other formal events in the criminal justice system | ||||||
| 13 | or descriptions or
notations of criminal charges (including | ||||||
| 14 | criminal violations of local
municipal ordinances) and the | ||||||
| 15 | nature of any disposition arising therefrom,
including | ||||||
| 16 | sentencing, court or correctional supervision, rehabilitation | ||||||
| 17 | and
release. The term does not apply to statistical records and | ||||||
| 18 | reports in
which individuals are not identified and from which | ||||||
| 19 | their identities are not
ascertainable, or to information that | ||||||
| 20 | is for criminal investigative or
intelligence purposes.
| ||||||
| 21 | (H) "Criminal justice agency" means (1) a government agency | ||||||
| 22 | or any
subunit thereof which is authorized to administer the | ||||||
| 23 | criminal laws and
which allocates a substantial part of its | ||||||
| 24 | annual budget for that purpose,
or (2) an agency supported by | ||||||
| 25 | public funds which is authorized as its
principal function to | ||||||
| 26 | administer the criminal laws and which is officially
designated | ||||||
| |||||||
| |||||||
| 1 | by the Illinois State Police Department as a criminal justice | ||||||
| 2 | agency for purposes of
this Act.
| ||||||
| 3 | (I) (Blank). "The Department" means the Illinois | ||||||
| 4 | Department of State Police.
| ||||||
| 5 | (J) "Director" means the Director of the Illinois | ||||||
| 6 | Department of State
Police.
| ||||||
| 7 | (K) "Disseminate" means to disclose or transmit conviction | ||||||
| 8 | information
in any form, oral, written, or otherwise.
| ||||||
| 9 | (L) "Exigency" means pending danger or the threat of | ||||||
| 10 | pending danger to
an individual or property.
| ||||||
| 11 | (M) "Non-criminal justice agency" means a State agency, | ||||||
| 12 | Federal agency,
or unit of local government that is not a | ||||||
| 13 | criminal justice agency. The
term does not refer to private | ||||||
| 14 | individuals, corporations, or
non-governmental agencies or | ||||||
| 15 | organizations.
| ||||||
| 16 | (M-5) "Request" means the submission to the Illinois State | ||||||
| 17 | Police Department, in the form and
manner required, the | ||||||
| 18 | necessary data elements or fingerprints, or both, to allow
the | ||||||
| 19 | Illinois State Police Department to initiate a search of its | ||||||
| 20 | criminal history record information
files.
| ||||||
| 21 | (N) "Requester" means any private individual, corporation, | ||||||
| 22 | organization,
employer, employment agency, labor organization, | ||||||
| 23 | or non-criminal justice
agency that has made a request pursuant | ||||||
| 24 | to this Act
to obtain
conviction information maintained in the | ||||||
| 25 | files of the Illinois Department of State
Police regarding a | ||||||
| 26 | particular individual.
| ||||||
| |||||||
| |||||||
| 1 | (O) "Statistical information" means data from which the | ||||||
| 2 | identity of an
individual cannot be ascertained, | ||||||
| 3 | reconstructed, or verified and to which
the identity of an | ||||||
| 4 | individual cannot be linked by the recipient of the
| ||||||
| 5 | information.
| ||||||
| 6 | (P) "Sentencing commission" means the Sentencing Policy | ||||||
| 7 | Advisory Council. | ||||||
| 8 | (Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17; | ||||||
| 9 | 100-759, eff. 1-1-19.)
| ||||||
| 10 | (20 ILCS 2635/4) (from Ch. 38, par. 1604)
| ||||||
| 11 | Sec. 4. Applicability.
| ||||||
| 12 | (A) The provisions of this Act shall apply
only to | ||||||
| 13 | conviction information mandated by statute to be reported to or | ||||||
| 14 | to
be collected, maintained, or disseminated by the Illinois | ||||||
| 15 | Department of State Police.
| ||||||
| 16 | (B) The provisions of this Act shall not apply to | ||||||
| 17 | statistical
information.
| ||||||
| 18 | (C) In the event of conflict between the application of | ||||||
| 19 | this Act and the
statutes listed in paragraphs (1), (2), (3), | ||||||
| 20 | (4), or (5) below, the
statutes listed below, as hereafter | ||||||
| 21 | amended, shall control unless specified
otherwise:
| ||||||
| 22 | (1) The Juvenile Court Act of 1987; or
| ||||||
| 23 | (2) Section 5-3-4 of the Unified Code of Corrections; | ||||||
| 24 | or
| ||||||
| 25 | (3) Paragraph (4) of Section 12 of the Probation and | ||||||
| |||||||
| |||||||
| 1 | Probation Officers
Act; or
| ||||||
| 2 | (4) Section 2.1 of the Criminal Identification Act; or
| ||||||
| 3 | (5) The Pretrial Services Act.
| ||||||
| 4 | (Source: P.A. 89-198, eff. 7-21-95; 89-626, eff. 8-9-96.)
| ||||||
| 5 | (20 ILCS 2635/5) (from Ch. 38, par. 1605)
| ||||||
| 6 | Sec. 5. Public Availability of Conviction Information. All
| ||||||
| 7 | conviction information mandated by statute to be collected and | ||||||
| 8 | maintained
by the Illinois Department of State Police shall be | ||||||
| 9 | open to public inspection in the
State of Illinois. All | ||||||
| 10 | persons, state agencies and units of local
government shall | ||||||
| 11 | have access to inspect, examine and reproduce such
information, | ||||||
| 12 | in accordance with this Act, and shall have the right to take
| ||||||
| 13 | memoranda and abstracts concerning such information, except to | ||||||
| 14 | the extent
that the provisions of this Act or other Illinois | ||||||
| 15 | statutes might create
specific restrictions on the use or | ||||||
| 16 | disclosure of such information.
| ||||||
| 17 | (Source: P.A. 85-922.)
| ||||||
| 18 | (20 ILCS 2635/6) (from Ch. 38, par. 1606)
| ||||||
| 19 | Sec. 6. Dissemination Time Frames and Priorities. (A) The | ||||||
| 20 | Illinois State Police's
Department's duty and obligation to | ||||||
| 21 | furnish criminal history record
information to peace officers | ||||||
| 22 | and criminal justice agencies shall take
precedence over any | ||||||
| 23 | requirement of this Act to furnish conviction
information to | ||||||
| 24 | non-criminal justice agencies or to the public. When, in
the | ||||||
| |||||||
| |||||||
| 1 | judgment of the Director, such duties and obligations are being
| ||||||
| 2 | fulfilled in a timely manner, the Illinois State Police | ||||||
| 3 | Department shall furnish conviction
information to requesters | ||||||
| 4 | in accordance with the provisions of this Act.
The Illinois | ||||||
| 5 | State Police Department may give priority to requests for | ||||||
| 6 | conviction information
from non-criminal justice agencies over | ||||||
| 7 | other requests submitted pursuant
to this Act.
| ||||||
| 8 | (B) The Illinois State Police Department shall attempt to | ||||||
| 9 | honor requests for conviction
information made pursuant to this | ||||||
| 10 | Act in the shortest time possible.
Subject to the dissemination | ||||||
| 11 | priorities of subsection (A) of this Section,
the Illinois | ||||||
| 12 | State Police Department shall respond to a request for | ||||||
| 13 | conviction information within
2 weeks from receipt of a | ||||||
| 14 | request.
| ||||||
| 15 | (Source: P.A. 85-922.)
| ||||||
| 16 | (20 ILCS 2635/7) (from Ch. 38, par. 1607)
| ||||||
| 17 | Sec. 7. Restrictions on the Use of Conviction Information.
| ||||||
| 18 | (A) The
following provisions shall apply to requests | ||||||
| 19 | submitted pursuant to this Act
for employment or licensing | ||||||
| 20 | purposes or submitted to comply with the
provisions of | ||||||
| 21 | subsection (B) of this Section:
| ||||||
| 22 | (1) A requester shall, in the form and manner | ||||||
| 23 | prescribed by the Illinois State Police
Department, submit | ||||||
| 24 | a request to the Illinois State Police Department,
and | ||||||
| 25 | maintain on file for at least 2 years a release signed by | ||||||
| |||||||
| |||||||
| 1 | the
individual to whom the information request pertains. | ||||||
| 2 | The Illinois State Police Department shall
furnish the | ||||||
| 3 | requester with a copy of its response.
| ||||||
| 4 | (2) Each requester of conviction information furnished | ||||||
| 5 | by the Illinois State Police Department
shall provide the | ||||||
| 6 | individual named in the request with a copy of the
response | ||||||
| 7 | furnished by the Illinois State Police Department. Within 7 | ||||||
| 8 | working days of receipt of
such copy, the individual shall | ||||||
| 9 | have the obligation and responsibility to
notify the | ||||||
| 10 | requester if the information is inaccurate or incomplete.
| ||||||
| 11 | (3) Unless notified by the individual named in the | ||||||
| 12 | request
or by the Illinois State Police Department that the | ||||||
| 13 | information furnished is inaccurate or
incomplete, no | ||||||
| 14 | requester of conviction information shall be liable for
| ||||||
| 15 | damages to any person to whom the information pertains for | ||||||
| 16 | actions the
requester may reasonably take in reliance on | ||||||
| 17 | the accuracy and completeness
of conviction information | ||||||
| 18 | received from the Illinois State Police Department | ||||||
| 19 | pursuant to this
act, if: (a) the requester in good faith | ||||||
| 20 | believes the conviction
information furnished by the | ||||||
| 21 | Illinois State Police Department to be accurate and | ||||||
| 22 | complete; (b)
the requester has complied with the | ||||||
| 23 | requirements of paragraphs (1) and
(2) of this subsection | ||||||
| 24 | (A); and (c) the identifying information submitted by
the | ||||||
| 25 | requester to the Illinois State Police Department is | ||||||
| 26 | accurate with respect to the individual
about whom the | ||||||
| |||||||
| |||||||
| 1 | information was requested.
| ||||||
| 2 | (4) Consistent with rules adopted by the Illinois State | ||||||
| 3 | Police Department pursuant to Section 7
of the Criminal | ||||||
| 4 | Identification Act "An Act in relation to criminal | ||||||
| 5 | identification and investigation",
approved July 2, 1931, | ||||||
| 6 | as amended, the individual to whom the conviction
| ||||||
| 7 | information pertains may initiate proceedings directly | ||||||
| 8 | with the Illinois State Police Department
to challenge or | ||||||
| 9 | correct a record furnished by the Illinois State Police | ||||||
| 10 | Department pursuant to
this subsection (A). Such | ||||||
| 11 | correction proceedings shall be given priority
over other | ||||||
| 12 | individual record review and challenges filed with the | ||||||
| 13 | Illinois State Police Department.
| ||||||
| 14 | (B) Regardless of the purpose of the request, no requester | ||||||
| 15 | of conviction
information shall be liable for damages to any | ||||||
| 16 | person to whom the
information pertains for actions the | ||||||
| 17 | requester may reasonably take in
reliance on the accuracy and | ||||||
| 18 | completeness of conviction information
received from the | ||||||
| 19 | Illinois State Police Department pursuant to this Act, if: (1) | ||||||
| 20 | the requester in
good faith believes the conviction information | ||||||
| 21 | furnished by the Illinois State Police Department
to be | ||||||
| 22 | accurate and complete; (2) the requester has complied with the
| ||||||
| 23 | requirements of paragraphs (1) and (2) of subsection (A) of | ||||||
| 24 | this Section;
and (3) the identifying information submitted by | ||||||
| 25 | the requester to the Illinois State Police
Department is | ||||||
| 26 | accurate with respect to the individual about whom the
| ||||||
| |||||||
| |||||||
| 1 | information was requested.
| ||||||
| 2 | (Source: P.A. 88-368.)
| ||||||
| 3 | (20 ILCS 2635/8) (from Ch. 38, par. 1608)
| ||||||
| 4 | Sec. 8. Form, Manner and Fees for Requesting and Obtaining | ||||||
| 5 | Conviction
Information.
| ||||||
| 6 | (A) The Illinois State Police Department shall prescribe | ||||||
| 7 | the form and manner for
requesting and furnishing conviction | ||||||
| 8 | information pursuant to this Act. The Illinois State Police
| ||||||
| 9 | Department shall prescribe the types of identifying | ||||||
| 10 | information that must be
submitted to the Illinois State Police | ||||||
| 11 | Department in order to process any
request for conviction | ||||||
| 12 | information and the form and manner for making such
| ||||||
| 13 | application, consistent with this Act.
| ||||||
| 14 | (B) The Illinois State Police Department shall establish | ||||||
| 15 | the maximum fee it shall charge and
assess for processing | ||||||
| 16 | requests for conviction information, and the
Authority shall | ||||||
| 17 | establish the maximum fee that other criminal justice
agencies | ||||||
| 18 | shall charge and assess for processing
requests for conviction | ||||||
| 19 | information pursuant to this Act. Such fees shall
include the | ||||||
| 20 | general costs associated with performing a search for all
| ||||||
| 21 | information about each person for which a request is received | ||||||
| 22 | including
classification, search, retrieval, reproduction, | ||||||
| 23 | manual and automated data
processing, telecommunications | ||||||
| 24 | services, supplies, mailing and those
general costs associated | ||||||
| 25 | with the
inquiries required by
subsection (B) of Section 9 and | ||||||
| |||||||
| |||||||
| 1 | Section
13 of this Act, and, when applicable, such fees shall
| ||||||
| 2 | provide for the direct payment to or reimbursement of a | ||||||
| 3 | criminal justice
agency for assisting the requester or the | ||||||
| 4 | Illinois State Police Department pursuant to this Act.
In | ||||||
| 5 | establishing the fees required by this Section, the Illinois | ||||||
| 6 | State Police Department and the
Authority may also take into | ||||||
| 7 | account the costs relating to multiple or
automated requests | ||||||
| 8 | and disseminations and the costs relating to any other
special | ||||||
| 9 | factors or
circumstances required by statute or rule. The | ||||||
| 10 | maximum fees established by
the Authority pursuant to this | ||||||
| 11 | Section may
be waived or reduced at the discretion of a | ||||||
| 12 | criminal justice agency.
| ||||||
| 13 | (Source: P.A. 94-365, eff. 7-29-05.)
| ||||||
| 14 | (20 ILCS 2635/9) (from Ch. 38, par. 1609)
| ||||||
| 15 | Sec. 9.
Procedural Requirements for Disseminating | ||||||
| 16 | Conviction
Information.
| ||||||
| 17 | (A) In accordance with the time parameters of Section 6 and
| ||||||
| 18 | the requirements of
subsection (B) of
this Section 9, the | ||||||
| 19 | Illinois State Police Department
shall either: (1) transmit | ||||||
| 20 | conviction information to the
requester, including an | ||||||
| 21 | explanation of any code or abbreviation; (2)
explain to the | ||||||
| 22 | requester why the information requested cannot be
transmitted; | ||||||
| 23 | or (3) inform the requester of any deficiency in the request.
| ||||||
| 24 | (B) Prior to a non-automated dissemination or within 30 | ||||||
| 25 | days subsequent to
an automated dissemination made pursuant to | ||||||
| |||||||
| |||||||
| 1 | this Act, the Illinois State Police Department shall
first | ||||||
| 2 | conduct a formal
update inquiry and review to make certain that | ||||||
| 3 | the information
disseminated is complete, except (1) in cases | ||||||
| 4 | of exigency, (2) upon request of
another criminal justice | ||||||
| 5 | agency, (3) for conviction information that is less
than 30 | ||||||
| 6 | days old, or (4) for information intentionally fabricated upon | ||||||
| 7 | the
express written authorization of the Director of the | ||||||
| 8 | Illinois State Police to support
undercover law enforcement | ||||||
| 9 | efforts.
| ||||||
| 10 | It shall be the responsibility of the Illinois State Police | ||||||
| 11 | Department to retain a record
of every extra-agency | ||||||
| 12 | dissemination of conviction information for a period
of not | ||||||
| 13 | less than 3 years. Such records shall be subject to audit by | ||||||
| 14 | the Illinois State Police
Department, and shall, upon request, | ||||||
| 15 | be supplied to the individual to whom
the information pertains | ||||||
| 16 | for requests from members of the general public,
corporations, | ||||||
| 17 | organizations, employers, employment agencies, labor
| ||||||
| 18 | organizations and non-criminal justice agencies. At a minimum, | ||||||
| 19 | the
following information shall be recorded and retained by the | ||||||
| 20 | Illinois State Police Department:
| ||||||
| 21 | (1) The name of the individual to whom the disseminated | ||||||
| 22 | information
pertains;
| ||||||
| 23 | (2) The name of the individual requesting the | ||||||
| 24 | information;
| ||||||
| 25 | (3) The date of the request;
| ||||||
| 26 | (4) The name and address of the private individual, | ||||||
| |||||||
| |||||||
| 1 | corporation,
organization, employer, employment agency, | ||||||
| 2 | labor organization or
non-criminal justice agency | ||||||
| 3 | receiving the information; and
| ||||||
| 4 | (5) The date of the dissemination.
| ||||||
| 5 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
| 6 | (20 ILCS 2635/10) (from Ch. 38, par. 1610)
| ||||||
| 7 | Sec. 10.
Dissemination requests Based Upon Fingerprint
| ||||||
| 8 | Identification. When fingerprint identification accompanies a | ||||||
| 9 | request for
conviction information maintained by the Illinois | ||||||
| 10 | State Police Department, an appropriate
statement shall be | ||||||
| 11 | issued by the Illinois State Police Department indicating that | ||||||
| 12 | the information
furnished by the Illinois State Police | ||||||
| 13 | Department positively pertains to the individual whose
| ||||||
| 14 | fingerprints were submitted and that the response contains
all | ||||||
| 15 | the conviction information that has been reported to the | ||||||
| 16 | Illinois State Police Department
pursuant to Section 2.1 of the | ||||||
| 17 | Criminal Identification Act "An Act in relation to criminal | ||||||
| 18 | identification
and investigation", approved July 2, 1931, as | ||||||
| 19 | amended.
| ||||||
| 20 | (Source: P.A. 85-922.)
| ||||||
| 21 | (20 ILCS 2635/11) (from Ch. 38, par. 1611)
| ||||||
| 22 | Sec. 11.
Dissemination requests Not Based Upon Fingerprint
| ||||||
| 23 | Identification. (A) When a requester is not legally mandated to | ||||||
| 24 | submit
positive fingerprint identification to the Illinois | ||||||
| |||||||
| |||||||
| 1 | State Police Department or when a requester
is precluded from | ||||||
| 2 | submitting positive fingerprint identification to the Illinois | ||||||
| 3 | State Police
Department due to exigency, an appropriate warning | ||||||
| 4 | shall be issued by the Illinois State Police
Department | ||||||
| 5 | indicating that the information furnished cannot be identified
| ||||||
| 6 | with certainty as pertaining to the individual named in the | ||||||
| 7 | request and may
only be relied upon as being accurate and | ||||||
| 8 | complete if the requester has
first complied with the | ||||||
| 9 | requirements of subsection (B) of Section 7.
| ||||||
| 10 | (B) If the identifying information submitted by the | ||||||
| 11 | requester to the Illinois State Police
Department corresponds | ||||||
| 12 | to more than one individual found in the files
maintained by | ||||||
| 13 | the Illinois State Police Department, the Illinois State Police | ||||||
| 14 | Department shall not disclose the
information to the requester, | ||||||
| 15 | unless it is determined by the Illinois State Police Department
| ||||||
| 16 | that dissemination is still warranted due to exigency or to | ||||||
| 17 | administer the
criminal laws. In such instances, the Illinois | ||||||
| 18 | State Police Department may require the requester
to submit | ||||||
| 19 | additional identifying information or fingerprints in the form
| ||||||
| 20 | and manner prescribed by the Illinois State Police Department.
| ||||||
| 21 | (Source: P.A. 85-922.)
| ||||||
| 22 | (20 ILCS 2635/12) (from Ch. 38, par. 1612)
| ||||||
| 23 | Sec. 12. Error Notification and Correction Procedure. It is | ||||||
| 24 | the duty
and responsibility of the Illinois State Police | ||||||
| 25 | Department to maintain accurate and complete
criminal history | ||||||
| |||||||
| |||||||
| 1 | record information and to correct or update such
information | ||||||
| 2 | after determination by audit, individual review and challenge
| ||||||
| 3 | procedures, or by other verifiable means, that it is incomplete | ||||||
| 4 | or
inaccurate. Except as may be required for a longer period of | ||||||
| 5 | time by
Illinois law, the Illinois State Police Department | ||||||
| 6 | shall notify a requester if a subsequent
disposition of | ||||||
| 7 | conviction or a subsequent modification of conviction
| ||||||
| 8 | information has been reported to the Illinois State Police | ||||||
| 9 | Department within 30 days of
responding to the requester.
| ||||||
| 10 | (Source: P.A. 85-922.)
| ||||||
| 11 | (20 ILCS 2635/13) (from Ch. 38, par. 1613)
| ||||||
| 12 | Sec. 13. Limitation on Further Dissemination. Unless | ||||||
| 13 | otherwise
permitted by law or in the case of exigency, the | ||||||
| 14 | subsequent dissemination
of conviction information furnished | ||||||
| 15 | by the Illinois State Police Department pursuant to this Act
| ||||||
| 16 | shall only be permitted by a requester for the 30 day period | ||||||
| 17 | immediately
following receipt of the information. Except as | ||||||
| 18 | permitted in this Section,
any requester still wishing to | ||||||
| 19 | further disseminate or to rely on the
accuracy and completeness | ||||||
| 20 | of conviction information more than 30 days from
receipt of the | ||||||
| 21 | information from the Illinois State Police Department shall | ||||||
| 22 | initiate a new
request to the Illinois State Police
Department | ||||||
| 23 | for current information.
| ||||||
| 24 | (Source: P.A. 88-368.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2635/14) (from Ch. 38, par. 1614)
| ||||||
| 2 | Sec. 14. Judicial Remedies. (A) The Attorney General or a | ||||||
| 3 | State's
Attorney may bring suit in the circuit courts to | ||||||
| 4 | prevent and restrain
violations of this Act and to enforce the | ||||||
| 5 | reporting provisions of Section
2.1 of the Criminal | ||||||
| 6 | Identification Act "An Act in relation to criminal | ||||||
| 7 | identification and investigation",
approved July 2, 1931, as | ||||||
| 8 | amended. The Illinois State Police Department may request the | ||||||
| 9 | Attorney
General to bring any such action authorized by this | ||||||
| 10 | subsection.
| ||||||
| 11 | (B) An individual aggrieved by a violation of this Act by a | ||||||
| 12 | State agency
or unit of local government shall have the right | ||||||
| 13 | to pursue a civil action
for damages or other appropriate legal | ||||||
| 14 | or equitable remedy, including an
action to compel the Illinois | ||||||
| 15 | State Police Department to disclose or correct conviction
| ||||||
| 16 | information in its files, once administrative remedies have | ||||||
| 17 | been exhausted.
| ||||||
| 18 | (C) Any civil action for damages alleging the negligent | ||||||
| 19 | dissemination of
inaccurate or incomplete conviction | ||||||
| 20 | information by a State agency or by a
unit of local government | ||||||
| 21 | in violation of this Act may only be brought
against the State | ||||||
| 22 | agency or unit of local government and shall not be
brought | ||||||
| 23 | against any employee or official thereof.
| ||||||
| 24 | (D) Civil remedies authorized by this Section may be | ||||||
| 25 | brought in any
circuit court of the State of Illinois in the | ||||||
| 26 | county in which the violation
occurs or in the county where the | ||||||
| |||||||
| |||||||
| 1 | State agency or unit of local government
is situated; except | ||||||
| 2 | all damage claims against the State of Illinois for
violations | ||||||
| 3 | of this Act shall be determined by the Court of Claims.
| ||||||
| 4 | (Source: P.A. 85-922.)
| ||||||
| 5 | (20 ILCS 2635/15) (from Ch. 38, par. 1615)
| ||||||
| 6 | Sec. 15. Civil Damages. (A) In any action brought pursuant | ||||||
| 7 | to this
Act, an individual aggrieved by any violation of this | ||||||
| 8 | Act shall be entitled
to recover actual and general | ||||||
| 9 | compensatory damages for each violation,
together with costs | ||||||
| 10 | and attorney's fees reasonably incurred, consistent
with | ||||||
| 11 | Section 16 of this Act. In addition, an individual aggrieved by | ||||||
| 12 | a
willful violation of this Act shall be entitled to recover | ||||||
| 13 | $1,000. In
addition, an individual aggrieved by a non-willful | ||||||
| 14 | violation of this Act
for which there has been dissemination of | ||||||
| 15 | inaccurate or incomplete
conviction information shall be | ||||||
| 16 | entitled to recover $200; provided,
however, if conviction | ||||||
| 17 | information is determined to be incomplete or
inaccurate, by | ||||||
| 18 | audit, by individual review and challenge procedures, or by
| ||||||
| 19 | other verifiable means, then the individual aggrieved shall | ||||||
| 20 | only be
entitled to recover such amount if the Illinois State | ||||||
| 21 | Police Department fails to correct the
information within 30 | ||||||
| 22 | days.
| ||||||
| 23 | (B) For the purposes of this Act, the State of Illinois | ||||||
| 24 | shall be liable
for damages as provided in this Section and for | ||||||
| 25 | attorney's fees and
litigation costs as provided in Section 16 | ||||||
| |||||||
| |||||||
| 1 | of this Act. All damage claims
against the State of Illinois or | ||||||
| 2 | any of its agencies for violations of this
Act shall be | ||||||
| 3 | determined by the Court of Claims.
| ||||||
| 4 | (C) For purposes of limiting the amount of civil damages | ||||||
| 5 | that may be
assessed against the State of Illinois or a unit of | ||||||
| 6 | local government
pursuant to this Section, a State agency, a | ||||||
| 7 | unit of local government, and
the officials or employees of a | ||||||
| 8 | State agency or a unit of local government
may in good faith | ||||||
| 9 | rely upon the assurance of another State agency or unit
of | ||||||
| 10 | local government that conviction information is maintained or
| ||||||
| 11 | disseminated in compliance with the provisions of this Act. | ||||||
| 12 | However, such
reliance shall not constitute a defense with | ||||||
| 13 | respect to equitable or
declaratory relief.
| ||||||
| 14 | (D) For purposes of limiting the amount of damages that may | ||||||
| 15 | be assessed
against the State of Illinois pursuant to this | ||||||
| 16 | Section, the Illinois State Police Department may
in good faith | ||||||
| 17 | presume that the conviction information reported to it by a
| ||||||
| 18 | clerk of the circuit court or a criminal justice agency is | ||||||
| 19 | accurate.
However, such presumption shall not constitute a | ||||||
| 20 | defense with respect to
equitable or declaratory relief.
| ||||||
| 21 | (Source: P.A. 85-922.)
| ||||||
| 22 | (20 ILCS 2635/17) (from Ch. 38, par. 1617)
| ||||||
| 23 | Sec. 17. Administrative Sanctions. The Illinois State | ||||||
| 24 | Police Department shall refuse to
comply with any request to | ||||||
| 25 | furnish conviction information maintained in its
files, if the | ||||||
| |||||||
| |||||||
| 1 | requester has not acted in accordance with the requirements
of | ||||||
| 2 | this Act or rules and regulations issued pursuant thereto. The
| ||||||
| 3 | requester may appeal such a refusal by the Illinois State | ||||||
| 4 | Police Department to the Director.
Upon written application by | ||||||
| 5 | the requester, the Director shall hold a
hearing to determine | ||||||
| 6 | whether dissemination of the requested information
would be in | ||||||
| 7 | violation of this Act or rules and regulations issued
pursuant | ||||||
| 8 | to it or other federal or State law pertaining to the | ||||||
| 9 | collection,
maintenance or dissemination of criminal history | ||||||
| 10 | record information. When
the Director finds such a violation, | ||||||
| 11 | the Illinois State Police Department shall be prohibited
from | ||||||
| 12 | disseminating conviction information to the requester, under | ||||||
| 13 | such
terms and conditions and for such periods of time as the | ||||||
| 14 | Director deems
appropriate.
| ||||||
| 15 | (Source: P.A. 85-922.)
| ||||||
| 16 | (20 ILCS 2635/19) (from Ch. 38, par. 1619)
| ||||||
| 17 | Sec. 19. Coordinating and Implementing Policy. The | ||||||
| 18 | Illinois State Police Department shall
adopt rules to prescribe | ||||||
| 19 | the appropriate form, manner and fees for
complying with the | ||||||
| 20 | requirements of
this Act. The Authority shall adopt rules to | ||||||
| 21 | prescribe form, manner and
maximum fees which the Authority is | ||||||
| 22 | authorized to establish pursuant to
subsection (B) of Section 8 | ||||||
| 23 | of this Act. Such rulemaking is subject to the
provisions of | ||||||
| 24 | the Illinois Administrative Procedure Act.
| ||||||
| 25 | (Source: P.A. 85-922.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2635/20) (from Ch. 38, par. 1620)
| ||||||
| 2 | Sec. 20.
State Liability and Indemnification of Units of | ||||||
| 3 | Local
Government. (A) The State of Illinois shall guarantee the | ||||||
| 4 | accuracy and
completeness of conviction information | ||||||
| 5 | disseminated by the Illinois State Police Department that
is | ||||||
| 6 | based upon fingerprint identification. The State of Illinois | ||||||
| 7 | shall not
be liable for the accuracy and completeness of any | ||||||
| 8 | information disseminated
upon identifying information other | ||||||
| 9 | than fingerprints.
| ||||||
| 10 | (B) The State of Illinois shall indemnify a clerk of the | ||||||
| 11 | circuit court,
a criminal justice agency, and their employees | ||||||
| 12 | and officials from, and
against, all damage claims brought by | ||||||
| 13 | others due to dissemination by the Illinois State Police
| ||||||
| 14 | Department of inaccurate or incomplete conviction information | ||||||
| 15 | based upon
positive fingerprint identification, provided that | ||||||
| 16 | the conviction
information in question was initially reported | ||||||
| 17 | to the Illinois State Police Department accurately
and in the | ||||||
| 18 | timely manner mandated by Section 2.1 of the Criminal | ||||||
| 19 | Identification Act "An Act in relation to
criminal | ||||||
| 20 | identification and investigation", approved July 2, 1931, as | ||||||
| 21 | amended.
| ||||||
| 22 | (Source: P.A. 85-922.)
| ||||||
| 23 | (20 ILCS 2635/21) (from Ch. 38, par. 1621)
| ||||||
| 24 | Sec. 21. Audits. The Illinois State Police Department shall | ||||||
| |||||||
| |||||||
| 1 | regularly conduct
representative audits of the criminal | ||||||
| 2 | history record keeping and criminal
history record reporting | ||||||
| 3 | policies, practices, and procedures of the
repositories for | ||||||
| 4 | such information in Illinois to
ensure compliance with the | ||||||
| 5 | provisions of this Act and Section 2.1 of the Criminal | ||||||
| 6 | Identification Act "An
Act in relation to criminal | ||||||
| 7 | identification and investigation", approved
July 2, 1931, as | ||||||
| 8 | amended. The findings of such audits shall be reported to
the | ||||||
| 9 | Governor, General Assembly, and, upon request, to members of | ||||||
| 10 | the
general public.
| ||||||
| 11 | (Source: P.A. 85-922.)
| ||||||
| 12 | Section 230. The Criminal Diversion Racial Impact Data | ||||||
| 13 | Collection Act is amended by changing Sections 5 and 15 as | ||||||
| 14 | follows:
| ||||||
| 15 | (20 ILCS 2637/5)
| ||||||
| 16 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 17 | Sec. 5. Legislative intent. Racial and ethnic disparity in | ||||||
| 18 | the criminal justice system, or the over-representation of | ||||||
| 19 | certain minority groups compared to their representation in the | ||||||
| 20 | general population, has been well documented, along with the | ||||||
| 21 | harmful effects of such disproportionality. There is no single | ||||||
| 22 | cause of the racial and ethnic disparity evident at every stage | ||||||
| 23 | of the criminal justice system; suggested causes have included | ||||||
| 24 | differing patterns of criminal activity, law enforcement | ||||||
| |||||||
| |||||||
| 1 | activity, and discretionary decisions of criminal justice | ||||||
| 2 | practitioners, along with effects of legislative policies. In | ||||||
| 3 | order to make progress in reducing this harmful phenomenon, | ||||||
| 4 | information on the racial composition of offenders at each | ||||||
| 5 | stage of the criminal justice system must be systematically | ||||||
| 6 | gathered and analyzed to lay the foundation for determining the | ||||||
| 7 | impact of proposed remedies. Gaps of information at any stage | ||||||
| 8 | will hamper valid analysis at subsequent stages. At the | ||||||
| 9 | earliest stages of the criminal justice system, systematic | ||||||
| 10 | statewide information on arrested persons, including race and | ||||||
| 11 | ethnicity, is collected in the Illinois State Police Criminal | ||||||
| 12 | History Record Information System. However, under the Criminal | ||||||
| 13 | Identification Act, systematic statewide information on the | ||||||
| 14 | racial and ethnic composition of adults diverted from arrest by | ||||||
| 15 | law enforcement and diverted from prosecution by each county's | ||||||
| 16 | State's Attorney's office is not available. Therefore, it is | ||||||
| 17 | the intent of this legislation to provide a mechanism by which | ||||||
| 18 | statewide data on the race and ethnicity of offenders diverted | ||||||
| 19 | from the criminal justice system before the filing of a court | ||||||
| 20 | case can be provided by the criminal justice entity involved | ||||||
| 21 | for future racial disparity impact analyses of the criminal | ||||||
| 22 | justice system.
| ||||||
| 23 | (Source: P.A. 99-666, eff. 1-1-17.)
| ||||||
| 24 | (20 ILCS 2637/15)
| ||||||
| 25 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| |||||||
| |||||||
| 1 | Sec. 15. Reporting; publication. | ||||||
| 2 | (a) Under the reporting guidelines for law enforcement | ||||||
| 3 | agencies in Sections 2.1, 4.5, and 5 of the Criminal | ||||||
| 4 | Identification Act, the Authority shall determine and report | ||||||
| 5 | the number of persons arrested and released without being | ||||||
| 6 | charged, and report the racial and ethnic composition of those | ||||||
| 7 | persons.
| ||||||
| 8 | (b) Under the reporting guidelines for State's Attorneys in | ||||||
| 9 | Sections 2.1, 4.5, and 5 of the Criminal Identification Act, | ||||||
| 10 | the Authority shall determine and report the number of persons | ||||||
| 11 | for which formal charges were dismissed, and the race and | ||||||
| 12 | ethnicity of those persons.
| ||||||
| 13 | (c) Under the reporting guidelines for circuit court clerks | ||||||
| 14 | in Sections 2.1, 4.5, and 5 of the Criminal Identification Act, | ||||||
| 15 | the Authority shall determine and report the number of persons | ||||||
| 16 | admitted to a diversion from prosecution program, and the | ||||||
| 17 | racial and ethnic composition of those persons, separated by | ||||||
| 18 | each type of diversion program. | ||||||
| 19 | (d) The Authority shall publish the information received | ||||||
| 20 | and an assessment of the quality of the information received, | ||||||
| 21 | aggregated to the county level in the case of law enforcement | ||||||
| 22 | reports, on its publicly available website for the previous | ||||||
| 23 | calendar year, as affirmed by each reporting agency at the time | ||||||
| 24 | of its report submission. | ||||||
| 25 | (e) The Authority, Illinois Department of State Police, | ||||||
| 26 | Administrative Office of the Illinois Courts, and Illinois | ||||||
| |||||||
| |||||||
| 1 | State's Attorneys Association may collaborate on any necessary | ||||||
| 2 | training concerning the provisions of this Act.
| ||||||
| 3 | (Source: P.A. 99-666, eff. 1-1-17.)
| ||||||
| 4 | Section 235. The Statewide Organized Gang Database Act is | ||||||
| 5 | amended by changing Sections 5 and 10 as follows:
| ||||||
| 6 | (20 ILCS 2640/5)
| ||||||
| 7 | Sec. 5. Definitions. As used in this Act:
| ||||||
| 8 | "Department" means the Department of State Police.
| ||||||
| 9 | "Director" means the Director of the Illinois State Police.
| ||||||
| 10 | "Organized gang" has the meaning ascribed to it in Section | ||||||
| 11 | 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
| ||||||
| 12 | A "SWORD terminal" is an interactive computerized | ||||||
| 13 | communication and
processing unit that permits a direct on-line | ||||||
| 14 | communication with the Illinois
Department of State Police's | ||||||
| 15 | central data repository, the Statewide
Organized Gang Database | ||||||
| 16 | (SWORD).
| ||||||
| 17 | (Source: P.A. 87-932; 88-467.)
| ||||||
| 18 | (20 ILCS 2640/10)
| ||||||
| 19 | Sec. 10. Duties of the Illinois State Police Department. | ||||||
| 20 | The Illinois State Police Department may:
| ||||||
| 21 | (a) provide a uniform reporting format for the entry of | ||||||
| 22 | pertinent
information regarding the report of an arrested | ||||||
| 23 | organized gang member or
organized gang affiliate into SWORD;
| ||||||
| |||||||
| |||||||
| 1 | (b) notify all law enforcement agencies that reports of | ||||||
| 2 | arrested
organized gang members or organized gang affiliates | ||||||
| 3 | shall be entered into
the database as soon as the minimum level | ||||||
| 4 | of data specified by the Illinois State Police
Department is | ||||||
| 5 | available to the reporting agency, and that no waiting period
| ||||||
| 6 | for the entry of that data exists;
| ||||||
| 7 | (c) develop and implement a policy for notifying law | ||||||
| 8 | enforcement
agencies of the emergence of new organized gangs, | ||||||
| 9 | or the change of a name or
other identifying sign by an | ||||||
| 10 | existing organized gang;
| ||||||
| 11 | (d) compile and retain information regarding organized | ||||||
| 12 | gangs and their
members and affiliates, in a manner that allows | ||||||
| 13 | the information to be used
by law enforcement and other | ||||||
| 14 | agencies, deemed appropriate by the Director,
for | ||||||
| 15 | investigative purposes;
| ||||||
| 16 | (e) compile and maintain a historic data repository | ||||||
| 17 | relating to
organized gangs and their members and affiliates in | ||||||
| 18 | order to develop and
improve techniques utilized by law | ||||||
| 19 | enforcement agencies and prosecutors in
the investigation, | ||||||
| 20 | apprehension, and prosecution of members and affiliates
of | ||||||
| 21 | organized gangs;
| ||||||
| 22 | (f) create a quality control program regarding | ||||||
| 23 | confirmation of organized
gang membership and organized gang | ||||||
| 24 | affiliation data, timeliness and
accuracy of information | ||||||
| 25 | entered into SWORD, and performance audits of all
entering | ||||||
| 26 | agencies;
| ||||||
| |||||||
| |||||||
| 1 | (g) locate all law enforcement agencies that could, in the | ||||||
| 2 | opinion of
the Director, benefit from access to SWORD, and | ||||||
| 3 | notify them of its
existence; and
| ||||||
| 4 | (h) cooperate with all law enforcement agencies wishing to | ||||||
| 5 | gain access
to the SWORD system, and facilitate their entry | ||||||
| 6 | into the system and their
continued maintenance of access to | ||||||
| 7 | it.
| ||||||
| 8 | (Source: P.A. 87-932.)
| ||||||
| 9 | Section 240. The Statewide Senior Citizen Victimizer | ||||||
| 10 | Database Act is amended by changing Sections 5 and 10 as | ||||||
| 11 | follows:
| ||||||
| 12 | (20 ILCS 2645/5)
| ||||||
| 13 | Sec. 5. Definitions. In this Act:
| ||||||
| 14 | "Department" means Department of State Police.
| ||||||
| 15 | "Director" means the Director of the Illinois State Police.
| ||||||
| 16 | "Senior citizen" means a person of the age of 60 years or | ||||||
| 17 | older.
| ||||||
| 18 | "Senior citizen victimizer" means a person who has been | ||||||
| 19 | arrested for
committing an offense against a senior citizen.
| ||||||
| 20 | "Statewide Senior Citizen Victimizer Database Terminal" | ||||||
| 21 | means an interactive
computerized communication and
processing | ||||||
| 22 | unit that permits direct on-line communication with the | ||||||
| 23 | Illinois Department of State Police's
Statewide Senior Citizen | ||||||
| 24 | Victimizer Database.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 92-246, eff. 1-1-02.)
| ||||||
| 2 | (20 ILCS 2645/10)
| ||||||
| 3 | Sec. 10. Duties of the Illinois State Police Department. | ||||||
| 4 | The Illinois State Police Department may:
| ||||||
| 5 | (a) Provide a uniform reporting format for the entry of | ||||||
| 6 | pertinent
information
regarding the report of an arrested | ||||||
| 7 | senior
citizen victimizer into the Senior Citizen Victimizer | ||||||
| 8 | Database Terminal;
| ||||||
| 9 | (b) Notify all law enforcement agencies that reports of | ||||||
| 10 | arrested senior
citizen
victimizers shall be entered into the
| ||||||
| 11 | database as soon as the minimum level of data of information | ||||||
| 12 | specified by the
Illinois State Police Department is available | ||||||
| 13 | to the
reporting agency, and that no waiting period for the | ||||||
| 14 | entry of that data exists;
| ||||||
| 15 | (c) Compile and maintain a data repository relating to | ||||||
| 16 | senior citizen
victimizers in order to gather information
| ||||||
| 17 | regarding the various modus operandi used to victimize senior | ||||||
| 18 | citizens, groups
that tend to routinely target senior
citizens, | ||||||
| 19 | areas of the State that senior citizen victimizers tend to | ||||||
| 20 | frequent,
and the type of persons senior citizen
victimizers | ||||||
| 21 | routinely target;
| ||||||
| 22 | (d) Develop and improve techniques used by law enforcement | ||||||
| 23 | agencies and
prosecutors in the investigation,
apprehension, | ||||||
| 24 | and prosecution of senior citizen victimizers;
| ||||||
| 25 | (e) Locate all law enforcement agencies that could, in the | ||||||
| |||||||
| |||||||
| 1 | opinion of the
Director,
benefit from access to the Statewide
| ||||||
| 2 | Senior Citizen Victimizer Database, and notify them of its | ||||||
| 3 | existence; and
| ||||||
| 4 | (f) Cooperate with all law enforcement agencies wishing to | ||||||
| 5 | gain access to
the
Statewide Senior Citizen Victimizer
Database | ||||||
| 6 | system, and to facilitate their entry into the system and to | ||||||
| 7 | their
continued maintenance of access to it.
| ||||||
| 8 | (Source: P.A. 92-246, eff. 1-1-02.)
| ||||||
| 9 | Section 245. The Department of Transportation Law of the
| ||||||
| 10 | Civil Administrative Code of Illinois is amended by changing | ||||||
| 11 | Sections 2705-90, 2705-125, 2705-317, 2705-505.5, and | ||||||
| 12 | 2705-505.6 as follows:
| ||||||
| 13 | (20 ILCS 2705/2705-90) (was 20 ILCS 2705/49.31)
| ||||||
| 14 | Sec. 2705-90.
Criminal history record information from | ||||||
| 15 | Illinois Department of State Police. Whenever the Department is | ||||||
| 16 | authorized or required by law
to
consider some aspect of | ||||||
| 17 | criminal history record information for the purpose
of carrying | ||||||
| 18 | out its statutory powers and responsibilities, then, upon
| ||||||
| 19 | request and payment of fees in conformance with the | ||||||
| 20 | requirements of Section
2605-400 of the Illinois Department of | ||||||
| 21 | State Police Law (20 ILCS 2605/2605-400), the Illinois | ||||||
| 22 | Department of State Police is
authorized to furnish,
pursuant | ||||||
| 23 | to positive identification, the information contained in
State
| ||||||
| 24 | files that is necessary to fulfill the request.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 2 | (20 ILCS 2705/2705-125) (was 20 ILCS 2705/49.22)
| ||||||
| 3 | Sec. 2705-125. Safety inspection of motor vehicles; | ||||||
| 4 | transfer from various
State agencies. The Department has the | ||||||
| 5 | power to administer,
exercise, and enforce the rights, powers, | ||||||
| 6 | and
duties presently vested in the Illinois Department of State | ||||||
| 7 | Police
and the Division of State Troopers under the Illinois | ||||||
| 8 | Vehicle Inspection
Law, in the Illinois
Commerce Commission, in | ||||||
| 9 | the State Board of Education, and in
the Secretary of State | ||||||
| 10 | under laws relating to the safety inspection of
motor vehicles | ||||||
| 11 | operated by common carriers, of school buses, and of motor
| ||||||
| 12 | vehicles used in the transportation of school children and | ||||||
| 13 | motor
vehicles used in driver exam training schools for hire | ||||||
| 14 | licensed under Article
IV of the Illinois Driver Licensing Law | ||||||
| 15 | or under any other law
relating to
the safety inspection of | ||||||
| 16 | motor vehicles of the second division as
defined in the | ||||||
| 17 | Illinois Vehicle Code.
| ||||||
| 18 | (Source: P.A. 96-740, eff. 1-1-10.)
| ||||||
| 19 | (20 ILCS 2705/2705-317)
| ||||||
| 20 | Sec. 2705-317. Safe Routes to School Construction Program. | ||||||
| 21 | (a) Upon enactment of a federal transportation bill with a | ||||||
| 22 | dedicated fund available to states for safe routes to schools, | ||||||
| 23 | the Department, in cooperation with the State Board of | ||||||
| 24 | Education and the Illinois Department of State Police, shall | ||||||
| |||||||
| |||||||
| 1 | establish and administer a Safe Routes to School Construction | ||||||
| 2 | Program for the construction of bicycle and pedestrian safety | ||||||
| 3 | and traffic-calming projects using the federal Safe Routes to | ||||||
| 4 | Schools Program funds. | ||||||
| 5 | (b) The Department shall make construction grants
| ||||||
| 6 | available to local governmental agencies under the Safe Routes | ||||||
| 7 | to School
Construction Program based on the results of a | ||||||
| 8 | statewide competition
that requires submission of Safe Routes | ||||||
| 9 | to School proposals for funding
and that rates those proposals | ||||||
| 10 | on all of the following factors:
| ||||||
| 11 | (1) Demonstrated needs of the grant applicant.
| ||||||
| 12 | (2) Potential of the proposal for reducing child | ||||||
| 13 | injuries and
fatalities.
| ||||||
| 14 | (3) Potential of the proposal for encouraging | ||||||
| 15 | increased
walking and bicycling among students.
| ||||||
| 16 | (4) Identification of safety hazards.
| ||||||
| 17 | (5) Identification of current and potential walking | ||||||
| 18 | and
bicycling routes to school.
| ||||||
| 19 | (6) Consultation and support for projects by | ||||||
| 20 | school-based
associations, local traffic engineers, local | ||||||
| 21 | elected officials, law
enforcement agencies, and school | ||||||
| 22 | officials.
| ||||||
| 23 | (7) Proximity to parks and other recreational | ||||||
| 24 | facilities.
| ||||||
| 25 | With respect to the use of federal Safe Routes to Schools | ||||||
| 26 | Program funds, prior to
the award of a construction grant or | ||||||
| |||||||
| |||||||
| 1 | the use of those funds for a Safe Routes
to
School
project | ||||||
| 2 | encompassing a highway, the Department shall
consult with and | ||||||
| 3 | obtain approval from the Illinois Department of State Police
| ||||||
| 4 | and the highway authority with jurisdiction to ensure that the | ||||||
| 5 | Safe Routes to School proposal is consistent with a
statewide | ||||||
| 6 | pedestrian safety statistical analysis.
| ||||||
| 7 | (c) On March 30, 2006 and each March 30th thereafter, the | ||||||
| 8 | Department shall submit a report to the General Assembly | ||||||
| 9 | listing
and describing the projects funded under the Safe | ||||||
| 10 | Routes to School
Construction Program.
| ||||||
| 11 | (d) The Department shall study the effectiveness of
the | ||||||
| 12 | Safe Routes to School Construction Program, with particular | ||||||
| 13 | emphasis on the
Program's effectiveness in reducing traffic | ||||||
| 14 | accidents and its contribution
to improving safety and reducing | ||||||
| 15 | the number of child injuries and
fatalities in the vicinity of | ||||||
| 16 | a Safe Routes to School project. The Department shall
submit a | ||||||
| 17 | report to the General Assembly on or before December 31, 2006
| ||||||
| 18 | regarding the results of the study.
| ||||||
| 19 | (e) The Department, the State Board of Education,
and the | ||||||
| 20 | Illinois Department of State Police may adopt any rules | ||||||
| 21 | necessary to
implement this Section.
| ||||||
| 22 | (Source: P.A. 94-493, eff. 8-8-05.)
| ||||||
| 23 | (20 ILCS 2705/2705-505.5)
| ||||||
| 24 | Sec. 2705-505.5. Child abduction message signs. The | ||||||
| 25 | Department of
Transportation
shall coordinate with the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police in the use of electronic
| ||||||
| 2 | message
signs on roads and highways in the vicinity of a child | ||||||
| 3 | abduction to immediately
provide
critical information to the | ||||||
| 4 | public.
| ||||||
| 5 | (Source: P.A. 93-310, eff. 7-23-03.)
| ||||||
| 6 | (20 ILCS 2705/2705-505.6) | ||||||
| 7 | Sec. 2705-505.6. Endangered Missing Persons Advisory | ||||||
| 8 | message signs. The Department of Transportation shall | ||||||
| 9 | coordinate with the Illinois Department of State Police in the | ||||||
| 10 | use of electronic message signs on roads and highways to | ||||||
| 11 | immediately provide critical information to the public | ||||||
| 12 | concerning missing persons who are believed to be high risk, | ||||||
| 13 | missing persons with Alzheimer's disease, other related | ||||||
| 14 | dementia, or other dementia-like cognitive impairment, as | ||||||
| 15 | allowed by federal guidelines.
| ||||||
| 16 | (Source: P.A. 99-322, eff. 1-1-16.)
| ||||||
| 17 | Section 255. The State Fire Marshal Act is amended by | ||||||
| 18 | changing Section 2 as follows:
| ||||||
| 19 | (20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)
| ||||||
| 20 | Sec. 2. The Office shall have the following powers and | ||||||
| 21 | duties:
| ||||||
| 22 | 1. To exercise the rights, powers and duties which have | ||||||
| 23 | been vested
by law in the Illinois Department of State | ||||||
| |||||||
| |||||||
| 1 | Police as the successor of the
Department of Public Safety, | ||||||
| 2 | State Fire Marshal, inspectors, officers and employees of | ||||||
| 3 | the State Fire Marshal,
including arson investigation. | ||||||
| 4 | Arson investigations conducted by the State Fire Marshal's | ||||||
| 5 | Office shall be conducted by State Fire Marshal Arson | ||||||
| 6 | Investigator Special Agents, who shall be peace officers as | ||||||
| 7 | provided in the Peace Officer Fire Investigation Act.
| ||||||
| 8 | 2. To keep a record, as may be required by law, of all | ||||||
| 9 | fires
occurring in the State, together with all facts, | ||||||
| 10 | statistics and
circumstances, including the origin of | ||||||
| 11 | fires.
| ||||||
| 12 | 3. To exercise the rights, powers and duties which have | ||||||
| 13 | been vested
in the Illinois Department of State Police by | ||||||
| 14 | the "Boiler and Pressure Vessel
Safety Act", approved | ||||||
| 15 | August 7, 1951, as amended.
| ||||||
| 16 | 4. To administer the Illinois Fire Protection Training | ||||||
| 17 | Act.
| ||||||
| 18 | 5. To aid in the establishment and maintenance of the | ||||||
| 19 | training facilities
and programs of the Illinois Fire | ||||||
| 20 | Service Institute.
| ||||||
| 21 | 6. To disburse Federal grants for fire protection | ||||||
| 22 | purposes to units of
local government.
| ||||||
| 23 | 7. To pay to or in behalf of the City of Chicago for | ||||||
| 24 | the maintenance,
expenses, facilities and structures | ||||||
| 25 | directly incident to the Chicago Fire
Department training | ||||||
| 26 | program. Such payments may be made either as
reimbursements | ||||||
| |||||||
| |||||||
| 1 | for expenditures previously made by the City, or as | ||||||
| 2 | payments at the time
the City has incurred an obligation | ||||||
| 3 | which is then due and payable for such
expenditures. | ||||||
| 4 | Payments for the Chicago Fire Department training program
| ||||||
| 5 | shall be made only for those expenditures which are not | ||||||
| 6 | claimable by the
City under "An Act relating to fire | ||||||
| 7 | protection training", certified November
9, 1971, as | ||||||
| 8 | amended.
| ||||||
| 9 | 8. To administer grants to areas not located in a
fire | ||||||
| 10 | protection district or in a municipality which provides | ||||||
| 11 | fire
protection services, to defray
the organizational | ||||||
| 12 | expenses of forming a fire protection district.
| ||||||
| 13 | 9. In cooperation with the Illinois Environmental | ||||||
| 14 | Protection Agency,
to administer the Illinois Leaking | ||||||
| 15 | Underground Storage Tank program in
accordance with | ||||||
| 16 | Section 4 of this Act and Section 22.12 of the
| ||||||
| 17 | Environmental Protection Act.
| ||||||
| 18 | 10. To expend state and federal funds as appropriated | ||||||
| 19 | by the General Assembly.
| ||||||
| 20 | 11. To provide technical assistance, to areas not | ||||||
| 21 | located in a fire
protection district or in a municipality | ||||||
| 22 | which provides fire protection
service, to form a fire | ||||||
| 23 | protection district, to join an existing district,
or to | ||||||
| 24 | establish a municipal fire department, whichever is | ||||||
| 25 | applicable.
| ||||||
| 26 | 12. To exercise such other powers and duties as may be
| ||||||
| |||||||
| |||||||
| 1 | vested in the Office by law.
| ||||||
| 2 | (Source: P.A. 100-67, eff. 8-11-17.)
| ||||||
| 3 | Section 260. The Division of Banking Act is amended by | ||||||
| 4 | changing Section 5 as follows:
| ||||||
| 5 | (20 ILCS 3205/5) (from Ch. 17, par. 455)
| ||||||
| 6 | Sec. 5. Powers. In addition to all the other powers and | ||||||
| 7 | duties provided
by law, the Commissioner shall have the | ||||||
| 8 | following powers:
| ||||||
| 9 | (a) To exercise the rights, powers and duties formerly | ||||||
| 10 | vested by law in
the Director of Financial Institutions under | ||||||
| 11 | the Illinois Banking Act.
| ||||||
| 12 | (b) To exercise the rights, powers and duties formerly | ||||||
| 13 | vested by law in
the Department of Financial Institutions under | ||||||
| 14 | "An act to provide for and
regulate the administration of | ||||||
| 15 | trusts by trust companies", approved June 15,
1887, as amended.
| ||||||
| 16 | (c) To exercise the rights, powers and duties formerly | ||||||
| 17 | vested by law in
the Director of Financial Institutions under | ||||||
| 18 | "An act authorizing foreign
corporations, including banks and | ||||||
| 19 | national banking associations domiciled in
other states, to act | ||||||
| 20 | in a fiduciary capacity in this state upon certain
conditions | ||||||
| 21 | herein set forth", approved July 13, 1953, as amended.
| ||||||
| 22 | (c-5) To exercise all of the rights, powers, and duties | ||||||
| 23 | granted to the Director or Secretary under the Illinois Banking | ||||||
| 24 | Act, the Corporate Fiduciary Act, the Electronic Fund Transfer | ||||||
| |||||||
| |||||||
| 1 | Act, the Illinois Bank Holding Company Act of 1957, the Savings | ||||||
| 2 | Bank Act, the Illinois Savings and Loan Act of 1985, the | ||||||
| 3 | Savings and Loan Share and Account Act, the Residential | ||||||
| 4 | Mortgage License Act of 1987, and the Pawnbroker Regulation | ||||||
| 5 | Act. | ||||||
| 6 | (c-15) To enter into cooperative agreements with | ||||||
| 7 | appropriate federal and out-of-state state regulatory agencies | ||||||
| 8 | to conduct and otherwise perform any examination of a regulated | ||||||
| 9 | entity as authorized under the Illinois Banking Act, the | ||||||
| 10 | Corporate Fiduciary Act, the Electronic Fund Transfer Act, the | ||||||
| 11 | Illinois Bank Holding Company Act of 1957, the Savings Bank | ||||||
| 12 | Act, the Illinois Savings and Loan Act of 1985, the Residential | ||||||
| 13 | Mortgage License Act of 1987, and the Pawnbroker Regulation | ||||||
| 14 | Act. | ||||||
| 15 | (d) Whenever the Commissioner is authorized or required by | ||||||
| 16 | law to consider
or to make findings regarding the character of | ||||||
| 17 | incorporators, directors,
management personnel, or other | ||||||
| 18 | relevant individuals under the Illinois Banking
Act,
the | ||||||
| 19 | Corporate Fiduciary Act, the Pawnbroker Regulation Act, or at | ||||||
| 20 | other
times as the Commissioner deems necessary for the purpose | ||||||
| 21 | of carrying out the
Commissioner's statutory powers
and | ||||||
| 22 | responsibilities, the Commissioner shall consider criminal
| ||||||
| 23 | history record information, including nonconviction | ||||||
| 24 | information, pursuant to
the Criminal Identification Act. The | ||||||
| 25 | Commissioner shall, in the
form and manner required by
the | ||||||
| 26 | Illinois Department of State Police and the Federal Bureau of | ||||||
| |||||||
| |||||||
| 1 | Investigation, cause
to be conducted a criminal history record | ||||||
| 2 | investigation to obtain
information currently contained in the | ||||||
| 3 | files of the Illinois Department of State Police
or the Federal | ||||||
| 4 | Bureau of Investigation, provided that the Commissioner need
| ||||||
| 5 | not cause additional criminal history record investigations to | ||||||
| 6 | be conducted
on individuals for whom the Commissioner, a | ||||||
| 7 | federal bank regulatory
agency, or any other government agency | ||||||
| 8 | has caused such investigations to
have been conducted | ||||||
| 9 | previously unless such additional investigations are
otherwise | ||||||
| 10 | required by law or unless the Commissioner deems such | ||||||
| 11 | additional
investigations to be necessary for the purposes of
| ||||||
| 12 | carrying out the Commissioner's statutory powers and | ||||||
| 13 | responsibilities.
The Illinois Department of State Police | ||||||
| 14 | shall
provide, on the Commissioner's request, information | ||||||
| 15 | concerning criminal
charges and their disposition currently on | ||||||
| 16 | file with respect to a relevant
individual. Information | ||||||
| 17 | obtained as a result
of an investigation under this Section | ||||||
| 18 | shall be used in determining eligibility
to be an incorporator, | ||||||
| 19 | director, management personnel, or other relevant
individual | ||||||
| 20 | in relation to a financial institution or other entity
| ||||||
| 21 | supervised by the Commissioner. Upon request and payment of | ||||||
| 22 | fees in
conformance with the
requirements of Section 2605-400 | ||||||
| 23 | of the Illinois Department of State Police Law (20 ILCS
| ||||||
| 24 | 2605/2605-400), the Illinois Department of State Police is | ||||||
| 25 | authorized
to furnish, pursuant to positive identification, | ||||||
| 26 | such information contained in
State files as is necessary to | ||||||
| |||||||
| |||||||
| 1 | fulfill the request.
| ||||||
| 2 | (e) When issuing charters, permits, licenses, or other | ||||||
| 3 | authorizations,
the Commissioner may impose such terms and | ||||||
| 4 | conditions on the issuance
as he deems necessary or | ||||||
| 5 | appropriate. Failure to
abide by those terms and conditions may | ||||||
| 6 | result in the revocation of the
issuance, the imposition of | ||||||
| 7 | corrective orders, or the imposition of civil
money penalties.
| ||||||
| 8 | (f) If the Commissioner has reasonable cause to believe | ||||||
| 9 | that any entity
that has not submitted an application for | ||||||
| 10 | authorization or licensure is
conducting any activity that | ||||||
| 11 | would otherwise require authorization or
licensure by the | ||||||
| 12 | Commissioner, the Commissioner shall have the power to
subpoena | ||||||
| 13 | witnesses, to compel their attendance, to require the | ||||||
| 14 | production
of any relevant books, papers, accounts, and | ||||||
| 15 | documents, and to conduct an examination of the entity in order | ||||||
| 16 | to determine
whether the entity is subject to authorization or | ||||||
| 17 | licensure by the
Commissioner or the Division. If the Secretary | ||||||
| 18 | determines that the entity is subject to authorization or | ||||||
| 19 | licensure by the Secretary, then the Secretary shall have the | ||||||
| 20 | power to issue orders against or take any other action, | ||||||
| 21 | including initiating a receivership against the unauthorized | ||||||
| 22 | or unlicensed entity.
| ||||||
| 23 | (g) The Commissioner may, through the Attorney General, | ||||||
| 24 | request
the circuit court of any county to issue an injunction | ||||||
| 25 | to restrain any person
from violating the provisions of any Act | ||||||
| 26 | administered by the Commissioner.
| ||||||
| |||||||
| |||||||
| 1 | (h) Whenever the Commissioner is authorized to take any | ||||||
| 2 | action or
required by law to consider or make findings, the | ||||||
| 3 | Commissioner may delegate
or appoint, in writing, an officer or | ||||||
| 4 | employee of the Division to
take that action or make that | ||||||
| 5 | finding.
| ||||||
| 6 | (i) Whenever the Secretary determines that it is in the | ||||||
| 7 | public's interest, he or she may publish any cease and desist | ||||||
| 8 | order or other enforcement action issued by the Division. | ||||||
| 9 | (Source: P.A. 96-1365, eff. 7-28-10; 97-492, eff. 1-1-12.)
| ||||||
| 10 | Section 265. The Illinois Emergency Management Agency Act | ||||||
| 11 | is amended by changing Section 5 as follows:
| ||||||
| 12 | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
| ||||||
| 13 | Sec. 5. Illinois Emergency Management Agency.
| ||||||
| 14 | (a) There is created within the executive branch of the | ||||||
| 15 | State Government an
Illinois Emergency Management Agency and a | ||||||
| 16 | Director of the Illinois Emergency
Management Agency, herein | ||||||
| 17 | called the "Director" who shall be the head thereof.
The | ||||||
| 18 | Director shall be appointed by the Governor, with the advice | ||||||
| 19 | and consent of
the Senate, and shall serve for a term of 2 | ||||||
| 20 | years beginning on the third Monday
in January of the | ||||||
| 21 | odd-numbered year, and until a successor is appointed and
has | ||||||
| 22 | qualified; except that the term of the first Director appointed | ||||||
| 23 | under this
Act shall expire on the third Monday in January, | ||||||
| 24 | 1989. The Director shall not
hold any other remunerative public | ||||||
| |||||||
| |||||||
| 1 | office. For terms ending before December 31, 2019, the Director | ||||||
| 2 | shall receive an annual
salary as set by the
Compensation | ||||||
| 3 | Review Board. For terms beginning after the effective date of | ||||||
| 4 | this amendatory Act of the 100th General Assembly, the annual | ||||||
| 5 | salary of the Director shall be as provided in Section 5-300 of | ||||||
| 6 | the Civil Administrative Code of Illinois.
| ||||||
| 7 | (b) The Illinois Emergency Management Agency shall obtain, | ||||||
| 8 | under the
provisions of the Personnel Code, technical, | ||||||
| 9 | clerical, stenographic and other
administrative personnel, and | ||||||
| 10 | may make expenditures within the appropriation
therefor as may | ||||||
| 11 | be necessary to carry out the purpose of this Act. The agency
| ||||||
| 12 | created by this Act is intended to be a successor to the agency | ||||||
| 13 | created under
the Illinois Emergency Services and Disaster | ||||||
| 14 | Agency Act of 1975 and the
personnel, equipment, records, and | ||||||
| 15 | appropriations of that agency are
transferred to the successor | ||||||
| 16 | agency as of June 30, 1988 (the effective date of this Act).
| ||||||
| 17 | (c) The Director, subject to the direction and control of | ||||||
| 18 | the Governor,
shall be the executive head of the Illinois | ||||||
| 19 | Emergency Management Agency and
the State Emergency Response | ||||||
| 20 | Commission and shall be responsible under the
direction of the | ||||||
| 21 | Governor, for carrying out the program for emergency
management | ||||||
| 22 | of this State. The Director shall also maintain liaison
and | ||||||
| 23 | cooperate with
the emergency management organizations of this | ||||||
| 24 | State and other states and of
the federal government.
| ||||||
| 25 | (d) The Illinois Emergency Management Agency shall take an | ||||||
| 26 | integral part in
the development and revision of political | ||||||
| |||||||
| |||||||
| 1 | subdivision emergency operations
plans prepared under | ||||||
| 2 | paragraph (f) of Section 10. To this end it shall employ
or | ||||||
| 3 | otherwise secure the services of professional and technical | ||||||
| 4 | personnel
capable of providing expert assistance to the | ||||||
| 5 | emergency services and disaster
agencies. These personnel | ||||||
| 6 | shall consult with emergency services and disaster
agencies on | ||||||
| 7 | a regular basis and shall make field examinations of the areas,
| ||||||
| 8 | circumstances, and conditions that particular political | ||||||
| 9 | subdivision emergency
operations plans are intended to apply.
| ||||||
| 10 | (e) The Illinois Emergency Management Agency and political | ||||||
| 11 | subdivisions
shall be encouraged to form an emergency | ||||||
| 12 | management advisory committee composed
of private and public | ||||||
| 13 | personnel representing the emergency management phases of
| ||||||
| 14 | mitigation, preparedness, response, and recovery.
The Local | ||||||
| 15 | Emergency Planning Committee, as created under the Illinois
| ||||||
| 16 | Emergency
Planning and Community Right to Know Act, shall serve | ||||||
| 17 | as
an advisory
committee to the emergency services and disaster | ||||||
| 18 | agency or agencies serving
within the boundaries
of that Local | ||||||
| 19 | Emergency Planning Committee planning district for:
| ||||||
| 20 | (1) the development of emergency operations plan | ||||||
| 21 | provisions for hazardous
chemical
emergencies; and
| ||||||
| 22 | (2) the assessment of emergency response capabilities | ||||||
| 23 | related to hazardous
chemical
emergencies.
| ||||||
| 24 | (f) The Illinois Emergency Management Agency shall:
| ||||||
| 25 | (1) Coordinate the overall emergency management | ||||||
| 26 | program of the State.
| ||||||
| |||||||
| |||||||
| 1 | (2) Cooperate with local governments, the federal | ||||||
| 2 | government and any
public or private agency or entity in | ||||||
| 3 | achieving any purpose of this Act and
in implementing | ||||||
| 4 | emergency management programs for mitigation, | ||||||
| 5 | preparedness,
response, and recovery.
| ||||||
| 6 | (2.5) Develop a comprehensive emergency preparedness | ||||||
| 7 | and response plan for any nuclear
accident in accordance | ||||||
| 8 | with Section 65 of the Nuclear Safety
Law of 2004 and in | ||||||
| 9 | development of the
Illinois
Nuclear Safety Preparedness | ||||||
| 10 | program in accordance with Section 8 of the
Illinois | ||||||
| 11 | Nuclear Safety Preparedness Act.
| ||||||
| 12 | (2.6) Coordinate with the Department of Public Health
| ||||||
| 13 | with respect to planning for and responding to public | ||||||
| 14 | health emergencies.
| ||||||
| 15 | (3) Prepare, for issuance by the Governor, executive | ||||||
| 16 | orders,
proclamations, and regulations as necessary or | ||||||
| 17 | appropriate in coping with
disasters.
| ||||||
| 18 | (4) Promulgate rules and requirements for political | ||||||
| 19 | subdivision
emergency operations plans that are not | ||||||
| 20 | inconsistent with and are at least
as stringent as | ||||||
| 21 | applicable federal laws and regulations.
| ||||||
| 22 | (5) Review and approve, in accordance with Illinois | ||||||
| 23 | Emergency Management
Agency rules, emergency operations
| ||||||
| 24 | plans for those political subdivisions required to have an | ||||||
| 25 | emergency services
and disaster agency pursuant to this | ||||||
| 26 | Act.
| ||||||
| |||||||
| |||||||
| 1 | (5.5) Promulgate rules and requirements for the | ||||||
| 2 | political subdivision
emergency management
exercises, | ||||||
| 3 | including, but not limited to, exercises of the emergency | ||||||
| 4 | operations
plans.
| ||||||
| 5 | (5.10) Review, evaluate, and approve, in accordance | ||||||
| 6 | with Illinois
Emergency
Management
Agency rules, political | ||||||
| 7 | subdivision emergency management exercises for those
| ||||||
| 8 | political subdivisions
required to have an emergency | ||||||
| 9 | services and disaster agency pursuant to this
Act.
| ||||||
| 10 | (6) Determine requirements of the State and its | ||||||
| 11 | political
subdivisions
for food, clothing, and other | ||||||
| 12 | necessities in event of a disaster.
| ||||||
| 13 | (7) Establish a register of persons with types of | ||||||
| 14 | emergency
management
training and skills in mitigation, | ||||||
| 15 | preparedness, response, and recovery.
| ||||||
| 16 | (8) Establish a register of government and private | ||||||
| 17 | response
resources
available for use in a disaster.
| ||||||
| 18 | (9) Expand the Earthquake Awareness Program and its | ||||||
| 19 | efforts to
distribute earthquake preparedness materials to | ||||||
| 20 | schools, political
subdivisions, community groups, civic | ||||||
| 21 | organizations, and the media.
Emphasis will be placed on | ||||||
| 22 | those areas of the State most at risk from an
earthquake. | ||||||
| 23 | Maintain the list of all school districts, hospitals,
| ||||||
| 24 | airports, power plants, including nuclear power plants, | ||||||
| 25 | lakes, dams,
emergency response facilities of all types, | ||||||
| 26 | and all other major public or
private structures which are | ||||||
| |||||||
| |||||||
| 1 | at the greatest risk of damage from
earthquakes under | ||||||
| 2 | circumstances where the damage would cause subsequent
harm | ||||||
| 3 | to the surrounding communities and residents.
| ||||||
| 4 | (10) Disseminate all information, completely and | ||||||
| 5 | without
delay, on water
levels for rivers and streams and | ||||||
| 6 | any other data pertaining to potential
flooding supplied by | ||||||
| 7 | the Division of Water Resources within the Department of
| ||||||
| 8 | Natural Resources to all political subdivisions to the | ||||||
| 9 | maximum extent possible.
| ||||||
| 10 | (11) Develop agreements, if feasible, with medical | ||||||
| 11 | supply and
equipment
firms to
supply resources as are | ||||||
| 12 | necessary to respond to an earthquake or any other
disaster | ||||||
| 13 | as defined in this Act. These resources will be made | ||||||
| 14 | available
upon notifying the vendor of the disaster. | ||||||
| 15 | Payment for the resources will
be in accordance with | ||||||
| 16 | Section 7 of this Act. The Illinois Department of
Public | ||||||
| 17 | Health shall determine which resources will be required and | ||||||
| 18 | requested.
| ||||||
| 19 | (11.5) In coordination with the Illinois Department of | ||||||
| 20 | State Police, develop and
implement a community outreach | ||||||
| 21 | program to promote awareness among the State's
parents and | ||||||
| 22 | children of child abduction prevention and response.
| ||||||
| 23 | (12) Out of funds appropriated for these purposes, | ||||||
| 24 | award capital and
non-capital grants to Illinois hospitals | ||||||
| 25 | or health care facilities located
outside of a city with a | ||||||
| 26 | population in excess of 1,000,000 to be used for
purposes | ||||||
| |||||||
| |||||||
| 1 | that include, but are not limited to, preparing to respond | ||||||
| 2 | to mass
casualties and disasters, maintaining and | ||||||
| 3 | improving patient safety and
quality of care, and | ||||||
| 4 | protecting the confidentiality of patient information.
No | ||||||
| 5 | single grant for a capital expenditure shall exceed | ||||||
| 6 | $300,000.
No single grant for a non-capital expenditure | ||||||
| 7 | shall exceed $100,000.
In awarding such grants, preference | ||||||
| 8 | shall be given to hospitals that serve
a significant number | ||||||
| 9 | of Medicaid recipients, but do not qualify for
| ||||||
| 10 | disproportionate share hospital adjustment payments under | ||||||
| 11 | the Illinois Public
Aid Code. To receive such a grant, a | ||||||
| 12 | hospital or health care facility must
provide funding of at | ||||||
| 13 | least 50% of the cost of the project for which the grant
is | ||||||
| 14 | being requested.
In awarding such grants the Illinois | ||||||
| 15 | Emergency Management Agency shall consider
the | ||||||
| 16 | recommendations of the Illinois Hospital Association.
| ||||||
| 17 | (13) Do all other things necessary, incidental or | ||||||
| 18 | appropriate
for the implementation of this Act.
| ||||||
| 19 | (g) The Illinois Emergency Management Agency is authorized | ||||||
| 20 | to make grants to various higher education institutions, public | ||||||
| 21 | K-12 school districts, area vocational centers as designated by | ||||||
| 22 | the State Board of Education, inter-district special education | ||||||
| 23 | cooperatives, regional safe schools, and nonpublic K-12 | ||||||
| 24 | schools for safety and security improvements. For the purpose | ||||||
| 25 | of this subsection (g), "higher education institution" means a | ||||||
| 26 | public university, a public community college, or an | ||||||
| |||||||
| |||||||
| 1 | independent, not-for-profit or for-profit higher education | ||||||
| 2 | institution located in this State. Grants made under this | ||||||
| 3 | subsection (g) shall be paid out of moneys appropriated for | ||||||
| 4 | that purpose from the Build Illinois Bond Fund. The Illinois | ||||||
| 5 | Emergency Management Agency shall adopt rules to implement this | ||||||
| 6 | subsection (g). These rules may specify: (i) the manner of | ||||||
| 7 | applying for grants; (ii) project eligibility requirements; | ||||||
| 8 | (iii) restrictions on the use of grant moneys; (iv) the manner | ||||||
| 9 | in which the various higher education institutions must account | ||||||
| 10 | for the use of grant moneys; and (v) any other provision that | ||||||
| 11 | the Illinois Emergency Management Agency determines to be | ||||||
| 12 | necessary or useful for the administration of this subsection | ||||||
| 13 | (g). | ||||||
| 14 | (g-5) The Illinois Emergency Management Agency is | ||||||
| 15 | authorized to make grants to not-for-profit organizations | ||||||
| 16 | which are exempt from federal income taxation under section | ||||||
| 17 | 501(c)(3) of the Federal Internal Revenue Code for eligible | ||||||
| 18 | security improvements that assist the organization in | ||||||
| 19 | preventing, preparing for, or responding to acts of terrorism. | ||||||
| 20 | The Director shall establish procedures and forms by which | ||||||
| 21 | applicants may apply for a grant and procedures for | ||||||
| 22 | distributing grants to recipients. The procedures shall | ||||||
| 23 | require each applicant to do the following: | ||||||
| 24 | (1) identify and substantiate prior threats or attacks | ||||||
| 25 | by a terrorist organization, network, or cell against the | ||||||
| 26 | not-for-profit organization; | ||||||
| |||||||
| |||||||
| 1 | (2) indicate the symbolic or strategic value of one or | ||||||
| 2 | more sites that renders the site a possible target of | ||||||
| 3 | terrorism; | ||||||
| 4 | (3) discuss potential consequences to the organization | ||||||
| 5 | if the site is damaged, destroyed, or disrupted by a | ||||||
| 6 | terrorist act; | ||||||
| 7 | (4) describe how the grant will be used to integrate | ||||||
| 8 | organizational preparedness with broader State and local | ||||||
| 9 | preparedness efforts; | ||||||
| 10 | (5) submit a vulnerability assessment conducted by | ||||||
| 11 | experienced security, law enforcement, or military | ||||||
| 12 | personnel, and a description of how the grant award will be | ||||||
| 13 | used to address the vulnerabilities identified in the | ||||||
| 14 | assessment; and | ||||||
| 15 | (6) submit any other relevant information as may be | ||||||
| 16 | required by the Director. | ||||||
| 17 | The Agency is authorized to use funds appropriated for the | ||||||
| 18 | grant program described in this subsection (g-5) to administer | ||||||
| 19 | the program. | ||||||
| 20 | (h) Except as provided in Section 17.5 of this Act, any | ||||||
| 21 | moneys received by the Agency from donations or sponsorships | ||||||
| 22 | shall be deposited in the Emergency Planning and Training Fund | ||||||
| 23 | and used by the Agency, subject to appropriation, to effectuate | ||||||
| 24 | planning and training activities. | ||||||
| 25 | (i) The Illinois Emergency Management Agency may by rule | ||||||
| 26 | assess and collect reasonable fees for attendance at | ||||||
| |||||||
| |||||||
| 1 | Agency-sponsored conferences to enable the Agency to carry out | ||||||
| 2 | the requirements of this Act. Any moneys received under this | ||||||
| 3 | subsection shall be deposited in the Emergency Planning and | ||||||
| 4 | Training Fund and used by the Agency, subject to appropriation, | ||||||
| 5 | for planning and training activities. | ||||||
| 6 | (j) The Illinois Emergency Management Agency is authorized | ||||||
| 7 | to make grants to other State agencies, public universities, | ||||||
| 8 | units of local government, and statewide mutual aid | ||||||
| 9 | organizations to enhance statewide emergency preparedness and | ||||||
| 10 | response. | ||||||
| 11 | (Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17; | ||||||
| 12 | 100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1179, eff. | ||||||
| 13 | 1-18-19.)
| ||||||
| 14 | Section 270. The Nuclear Safety Law of 2004 is amended by | ||||||
| 15 | changing Sections 40 and 70 as follows:
| ||||||
| 16 | (20 ILCS 3310/40)
| ||||||
| 17 | Sec. 40. Regulation of nuclear safety. The Illinois | ||||||
| 18 | Emergency Management Agency shall have primary responsibility | ||||||
| 19 | for the coordination and oversight of all State governmental | ||||||
| 20 | functions concerning the regulation of nuclear power, | ||||||
| 21 | including low level waste management, environmental | ||||||
| 22 | monitoring, and transportation of nuclear waste. Functions | ||||||
| 23 | performed by the Illinois Department of State Police and the | ||||||
| 24 | Department of Transportation in the area of nuclear safety, on | ||||||
| |||||||
| |||||||
| 1 | the effective date of this Act, may continue to be performed by | ||||||
| 2 | these agencies but under the direction of the Illinois | ||||||
| 3 | Emergency Management Agency. All other governmental functions | ||||||
| 4 | regulating nuclear safety shall be coordinated by the Illinois | ||||||
| 5 | Emergency Management Agency.
| ||||||
| 6 | (Source: P.A. 93-1029, eff. 8-25-04.)
| ||||||
| 7 | (20 ILCS 3310/70)
| ||||||
| 8 | Sec. 70. Nuclear and radioactive materials transportation | ||||||
| 9 | plan. The Illinois Emergency Management Agency shall formulate | ||||||
| 10 | a comprehensive plan regarding the transportation of nuclear | ||||||
| 11 | and radioactive materials in Illinois. The Illinois Emergency | ||||||
| 12 | Management Agency shall have primary responsibility for all | ||||||
| 13 | State governmental regulation of the transportation of nuclear | ||||||
| 14 | and radioactive materials, insofar as the regulation pertains | ||||||
| 15 | to the public health and safety. This responsibility shall | ||||||
| 16 | include but not be limited to the authority to oversee and | ||||||
| 17 | coordinate regulatory functions performed by the Department of | ||||||
| 18 | Transportation, the Illinois Department of State Police, and | ||||||
| 19 | the Illinois Commerce Commission.
| ||||||
| 20 | (Source: P.A. 93-1029, eff. 8-25-04.)
| ||||||
| 21 | Section 275. The Illinois Power Agency Act is amended by | ||||||
| 22 | changing Section 1-110 as follows:
| ||||||
| 23 | (20 ILCS 3855/1-110)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 1-110. State Police reimbursement. The Agency shall | ||||||
| 2 | reimburse the Illinois Department of State Police for any | ||||||
| 3 | expenses associated with security at facilities from the | ||||||
| 4 | Illinois Power Agency Facilities Fund.
| ||||||
| 5 | (Source: P.A. 95-481, eff. 8-28-07.)
| ||||||
| 6 | Section 280. The Illinois Criminal Justice Information Act | ||||||
| 7 | is amended by changing Sections 4 and 9.1 as follows:
| ||||||
| 8 | (20 ILCS 3930/4) (from Ch. 38, par. 210-4) | ||||||
| 9 | Sec. 4. Illinois Criminal Justice Information Authority; | ||||||
| 10 | creation,
membership, and meetings. There is created an | ||||||
| 11 | Illinois Criminal Justice
Information Authority consisting of | ||||||
| 12 | 25 members. The membership of
the
Authority shall consist of | ||||||
| 13 | the Illinois Attorney General, or his or her
designee, the | ||||||
| 14 | Director of Corrections, the Director
of the Illinois State | ||||||
| 15 | Police, the Director of Public Health, the Director of Children | ||||||
| 16 | and Family Services, the Sheriff of Cook County, the
State's | ||||||
| 17 | Attorney of Cook County, the clerk of the circuit court of Cook
| ||||||
| 18 | County, the President of the Cook County Board of | ||||||
| 19 | Commissioners, the Superintendent of the Chicago Police
| ||||||
| 20 | Department, the Director of the Office of the State's Attorneys | ||||||
| 21 | Appellate
Prosecutor, the Executive Director of the Illinois | ||||||
| 22 | Law Enforcement Training
Standards Board, the State Appellate | ||||||
| 23 | Defender, the Public Defender of Cook County, and the following | ||||||
| 24 | additional
members, each of whom
shall be appointed by the | ||||||
| |||||||
| |||||||
| 1 | Governor: a circuit court clerk, a sheriff,
a State's Attorney | ||||||
| 2 | of a
county other than Cook, a Public Defender of a county | ||||||
| 3 | other than Cook, a chief of police, and 6 members of the
| ||||||
| 4 | general public. | ||||||
| 5 | Members appointed on and after the effective date of this | ||||||
| 6 | amendatory Act of the 98th General Assembly shall be confirmed | ||||||
| 7 | by the Senate. | ||||||
| 8 | The Governor from time to time shall designate a Chairman | ||||||
| 9 | of the Authority
from the membership. All members of the | ||||||
| 10 | Authority appointed by the Governor
shall serve at the pleasure | ||||||
| 11 | of the Governor for a term not to exceed 4 years.
The initial | ||||||
| 12 | appointed members of the Authority shall serve from January,
| ||||||
| 13 | 1983 until the third Monday in January, 1987 or until their | ||||||
| 14 | successors are
appointed. | ||||||
| 15 | The Authority shall meet at least quarterly, and all | ||||||
| 16 | meetings of the
Authority shall be called by the Chairman. | ||||||
| 17 | (Source: P.A. 97-1151, eff. 1-25-13; 98-955, eff. 8-15-14.)
| ||||||
| 18 | (20 ILCS 3930/9.1)
| ||||||
| 19 | Sec. 9.1. Criminal Justice Information Projects Fund. The | ||||||
| 20 | Criminal
Justice Information Projects Fund is hereby created as | ||||||
| 21 | a special fund in the
State Treasury. Grants and other moneys | ||||||
| 22 | obtained by the Authority from
governmental entities (other | ||||||
| 23 | than the federal government), private sources, and
| ||||||
| 24 | not-for-profit organizations for use in investigating criminal | ||||||
| 25 | justice issues
or undertaking other criminal justice | ||||||
| |||||||
| |||||||
| 1 | information projects, or pursuant to the uses identified in | ||||||
| 2 | Section 21.10 of the Illinois Lottery Law, shall be deposited
| ||||||
| 3 | into the Fund. Moneys in the Fund may be used by the Authority, | ||||||
| 4 | subject to
appropriation, for undertaking such projects and for | ||||||
| 5 | the operating and other
expenses of the Authority incidental to | ||||||
| 6 | those projects, and for the costs associated with making grants | ||||||
| 7 | from the Prescription Pill and Drug Disposal Fund. The moneys | ||||||
| 8 | deposited into the Criminal Justice Information Projects Fund | ||||||
| 9 | under Sections 15-15 and 15-35 of the Criminal and Traffic | ||||||
| 10 | Assessment Act shall be appropriated to and administered by the | ||||||
| 11 | Illinois Criminal Justice Information Authority for | ||||||
| 12 | distribution to fund Illinois Department of State Police drug
| ||||||
| 13 | task forces and Metropolitan Enforcement Groups
by dividing the
| ||||||
| 14 | funds equally by the total number of Illinois Department of | ||||||
| 15 | State Police
drug task forces and Illinois Metropolitan | ||||||
| 16 | Enforcement Groups. Any interest earned on moneys in the Fund | ||||||
| 17 | must be deposited into the Fund.
| ||||||
| 18 | (Source: P.A. 100-647, eff. 7-30-18; 100-987, eff. 7-1-19; | ||||||
| 19 | 101-81, eff. 7-12-19.)
| ||||||
| 20 | Section 285. The Laboratory Review Board Act is amended by | ||||||
| 21 | changing Section 2 as follows:
| ||||||
| 22 | (20 ILCS 3980/2) (from Ch. 111 1/2, par. 8002)
| ||||||
| 23 | Sec. 2.
There is hereby created the Laboratory Review Board
| ||||||
| 24 | (hereinafter referred to as the Board), which shall consist of | ||||||
| |||||||
| |||||||
| 1 | 7 persons,
one each appointed by the Director of Agriculture, | ||||||
| 2 | the Director of Natural
Resources, the Secretary of Human | ||||||
| 3 | Services, the Director of Public Health, the
Director of the | ||||||
| 4 | Illinois State Police,
the Director of the Environmental | ||||||
| 5 | Protection Agency, and the Illinois
Secretary of | ||||||
| 6 | Transportation. Members of the Board shall serve at the
| ||||||
| 7 | pleasure of their appointing authorities.
| ||||||
| 8 | (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
| ||||||
| 9 | Section 290. The Law Enforcement and Fire Fighting Medal of | ||||||
| 10 | Honor Act is amended by changing Section 2001 as follows:
| ||||||
| 11 | (20 ILCS 3985/2001) (from Ch. 127, par. 3852-1)
| ||||||
| 12 | Sec. 2001.
There is created the Law Enforcement Medal of | ||||||
| 13 | Honor
Committee, referred to in this Article as the Committee. | ||||||
| 14 | The Committee
shall consist of the Director of the Illinois | ||||||
| 15 | Department of State Police, the
Superintendent of the Chicago | ||||||
| 16 | Police Department, the Executive Director of
the Illinois Law | ||||||
| 17 | Enforcement Training
Standards Board,
and the following | ||||||
| 18 | persons appointed by the Governor: a sheriff, a chief of
police | ||||||
| 19 | from other than Chicago, a representative of a statewide law
| ||||||
| 20 | enforcement officer organization and a retired Illinois law | ||||||
| 21 | enforcement
officer. Of the appointed members, the sheriff and | ||||||
| 22 | police chief shall each
serve a 2-year term and the | ||||||
| 23 | organization representative and retired officer
shall each | ||||||
| 24 | serve a one-year term. The Governor shall appoint initial
| ||||||
| |||||||
| |||||||
| 1 | members within 3 months of the effective date of this Act.
| ||||||
| 2 | Members of the Committee shall serve without compensation | ||||||
| 3 | but shall be
reimbursed for actual expenses incurred in the | ||||||
| 4 | performance of their duties
from funds appropriated to the | ||||||
| 5 | Office of the Governor for such purpose.
| ||||||
| 6 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
| 7 | Section 295. The Illinois Motor Vehicle Theft Prevention | ||||||
| 8 | and Insurance Verification Act is amended by changing Sections | ||||||
| 9 | 4 and 8.5 as follows:
| ||||||
| 10 | (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
| ||||||
| 11 | (Section scheduled to be repealed on January 1, 2025)
| ||||||
| 12 | Sec. 4.
There is hereby created an Illinois Motor
Vehicle | ||||||
| 13 | Theft Prevention and Insurance Verification Council, which | ||||||
| 14 | shall exercise its powers, duties and
responsibilities. There | ||||||
| 15 | shall be 11 members of
the Council consisting of the Secretary | ||||||
| 16 | of State or his designee, the Director
of the Illinois | ||||||
| 17 | Department of State Police, the State's Attorney of Cook | ||||||
| 18 | County, the
Superintendent of the Chicago Police Department, | ||||||
| 19 | and the following 7 additional
members, each of whom shall be | ||||||
| 20 | appointed by the Secretary of State: a state's attorney
of a | ||||||
| 21 | county other than Cook, a chief executive law enforcement | ||||||
| 22 | official from
a jurisdiction other than the City of Chicago, 5 | ||||||
| 23 | representatives of insurers
authorized to write motor vehicle | ||||||
| 24 | insurance in this State, all of whom shall
be domiciled in this | ||||||
| |||||||
| |||||||
| 1 | State.
| ||||||
| 2 | The Director shall be the Chairman of the
Council. All | ||||||
| 3 | members of the Council appointed by the Secretary
shall serve | ||||||
| 4 | at the discretion of the Secretary for a term not to
exceed 4 | ||||||
| 5 | years. The Council shall meet at least quarterly.
| ||||||
| 6 | (Source: P.A. 100-373, eff. 1-1-18.)
| ||||||
| 7 | (20 ILCS 4005/8.5) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2025) | ||||||
| 9 | Sec. 8.5. State Police Motor Vehicle Theft Prevention Trust | ||||||
| 10 | Fund. The State Police Motor Vehicle Theft Prevention Trust | ||||||
| 11 | Fund is created as a trust fund in the State treasury. The | ||||||
| 12 | State Treasurer shall be the custodian of the Trust Fund. The | ||||||
| 13 | Trust Fund is established to receive funds from the Illinois | ||||||
| 14 | Motor Vehicle Theft Prevention and Insurance Verification | ||||||
| 15 | Council. All interest earned from the investment or deposit of | ||||||
| 16 | moneys accumulated in the Trust Fund shall be deposited into | ||||||
| 17 | the Trust Fund. Moneys in the Trust Fund shall be used by the | ||||||
| 18 | Illinois Department of State Police for motor vehicle theft | ||||||
| 19 | prevention purposes.
| ||||||
| 20 | (Source: P.A. 100-373, eff. 1-1-18.)
| ||||||
| 21 | Section 305. The Social Security Number Protection Task | ||||||
| 22 | Force Act is amended by changing Section 10 as follows:
| ||||||
| 23 | (20 ILCS 4040/10)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 10. Social Security Number Protection Task Force. | ||||||
| 2 | (a) The Social Security Number Protection Task Force is | ||||||
| 3 | created within the Office of the Attorney General. The Attorney | ||||||
| 4 | General is responsible for administering the activities of the | ||||||
| 5 | Task Force. The Task Force shall consist of the following | ||||||
| 6 | members: | ||||||
| 7 | (1) Two members representing the House of | ||||||
| 8 | Representatives, appointed by the Speaker of the House of | ||||||
| 9 | Representatives; | ||||||
| 10 | (2) Two members representing the House of | ||||||
| 11 | Representatives, appointed by the Minority Leader of the | ||||||
| 12 | House of Representatives; | ||||||
| 13 | (3) Two members representing the Senate, appointed by | ||||||
| 14 | the President of the Senate; | ||||||
| 15 | (4) Two members representing the Senate, appointed by | ||||||
| 16 | the Minority Leader of the Senate; | ||||||
| 17 | (5) One member, who shall serve as the chairperson of | ||||||
| 18 | the Task Force, representing the Office of the Attorney | ||||||
| 19 | General, appointed by the Attorney General; | ||||||
| 20 | (6) One member representing the Office of the Secretary | ||||||
| 21 | of State, appointed by the Secretary of State; | ||||||
| 22 | (7) One member representing the Office of the Governor, | ||||||
| 23 | appointed by the Governor; | ||||||
| 24 | (8) One member representing the Department of Natural | ||||||
| 25 | Resources, appointed by the Director of Natural Resources; | ||||||
| 26 | (9) One member representing the Department of | ||||||
| |||||||
| |||||||
| 1 | Healthcare and Family Services, appointed by the Director | ||||||
| 2 | of Healthcare and Family Services; | ||||||
| 3 | (10) One member representing the Department of | ||||||
| 4 | Revenue, appointed by the Director of Revenue; | ||||||
| 5 | (11) One member representing the Illinois Department | ||||||
| 6 | of State Police, appointed by the Director of the Illinois | ||||||
| 7 | State Police;
| ||||||
| 8 | (12) One member representing the Department of | ||||||
| 9 | Employment Security, appointed by the Director of | ||||||
| 10 | Employment Security; | ||||||
| 11 | (13) One member representing the Illinois Courts, | ||||||
| 12 | appointed by the Director of the Administrative Office of | ||||||
| 13 | the Illinois Courts; | ||||||
| 14 | (14) One member representing the Department on Aging, | ||||||
| 15 | appointed by the Director of the Department on Aging;
| ||||||
| 16 | (15) One member appointed by the Director of Central | ||||||
| 17 | Management Services;
| ||||||
| 18 | (16) One member appointed by the Executive Director of | ||||||
| 19 | the Board of Higher Education;
| ||||||
| 20 | (17) One member appointed by the Secretary of Human | ||||||
| 21 | Services;
| ||||||
| 22 | (18) Three members appointed by the chairperson of the | ||||||
| 23 | Task Force, representing local-governmental organizations, | ||||||
| 24 | who may include representatives of clerks of the circuit | ||||||
| 25 | court, recorders of deeds, counties, and municipalities;
| ||||||
| 26 | (19) One member representing the Office of the State | ||||||
| |||||||
| |||||||
| 1 | Comptroller, appointed by the Comptroller; and
| ||||||
| 2 | (20) One member representing school administrators, | ||||||
| 3 | appointed by the State Superintendent of Education.
| ||||||
| 4 | (b) The Task Force shall examine the procedures used by the | ||||||
| 5 | State to protect an individual against the unauthorized | ||||||
| 6 | disclosure of his or her social security number when the State | ||||||
| 7 | requires the individual to provide his or her social security | ||||||
| 8 | number to an officer or agency of the State. | ||||||
| 9 | (c) The Task Force shall report its findings and | ||||||
| 10 | recommendations, including its recommendations concerning a | ||||||
| 11 | unique identification number system under Section 15, to the | ||||||
| 12 | Governor, the Attorney General, the Secretary of State, and the | ||||||
| 13 | General Assembly no later than December 31 of each year.
| ||||||
| 14 | (Source: P.A. 94-611, eff. 8-18-05; 95-331, eff. 8-21-07; | ||||||
| 15 | 95-482, eff. 8-28-07.)
| ||||||
| 16 | Section 310. The Commission to Study Disproportionate | ||||||
| 17 | Justice Impact Act is amended by changing Section 10 as | ||||||
| 18 | follows:
| ||||||
| 19 | (20 ILCS 4085/10)
| ||||||
| 20 | Sec. 10. Composition. The Commission shall be composed of | ||||||
| 21 | the following members: | ||||||
| 22 | (a) Two members of the Senate appointed by the Senate | ||||||
| 23 | President, one of whom the President shall designate to | ||||||
| 24 | serve as co-chair, and two members of the Senate appointed | ||||||
| |||||||
| |||||||
| 1 | by the Minority Leader of the Senate. | ||||||
| 2 | (b) Two members of the House of Representatives | ||||||
| 3 | appointed by the Speaker of the House of Representatives, | ||||||
| 4 | one of whom the Speaker shall designate to serve as | ||||||
| 5 | co-chair, and two members of the House of Representatives | ||||||
| 6 | appointed by the Minority Leader of the House of | ||||||
| 7 | Representatives. | ||||||
| 8 | (c) The following persons or their designees: | ||||||
| 9 | (1)
the Attorney General, | ||||||
| 10 | (2)
the Chief Judge of the Circuit Court of Cook | ||||||
| 11 | County, | ||||||
| 12 | (3)
the Director of the Illinois State Police, | ||||||
| 13 | (4)
the Superintendent of the Chicago Police | ||||||
| 14 | Department, | ||||||
| 15 | (5) the sheriff of Cook County, | ||||||
| 16 | (6)
the State Appellate Defender, | ||||||
| 17 | (7)
the Cook County Public Defender, | ||||||
| 18 | (8)
the Director of the Office of the State's | ||||||
| 19 | Attorneys Appellate Prosecutor, | ||||||
| 20 | (9) the Cook County State's Attorney, | ||||||
| 21 | (10)
the Executive Director of the Criminal | ||||||
| 22 | Justice Information Authority, | ||||||
| 23 | (11)
the Director of Corrections, | ||||||
| 24 | (12) the Director of Juvenile Justice, and | ||||||
| 25 | (13)
the Executive Director of the Illinois | ||||||
| 26 | African-American Family Commission.
| ||||||
| |||||||
| |||||||
| 1 | (d) The co-chairs may name up to 8 persons, | ||||||
| 2 | representing minority communities within Illinois, groups | ||||||
| 3 | involved in the improvement of the administration of | ||||||
| 4 | justice, behavioral health, criminal justice, law | ||||||
| 5 | enforcement, and the rehabilitation of former inmates, | ||||||
| 6 | community groups, and other interested parties.
| ||||||
| 7 | (Source: P.A. 95-995, eff. 6-1-09.)
| ||||||
| 8 | Section 315. The Racial and Ethnic Impact Research Task | ||||||
| 9 | Force Act is amended by changing Section 10 as follows:
| ||||||
| 10 | (20 ILCS 5025/10)
| ||||||
| 11 | Sec. 10. Racial and Ethnic Impact Research Task Force. | ||||||
| 12 | There is created the Racial and Ethnic Impact Research Task | ||||||
| 13 | Force, composed of the following members: | ||||||
| 14 | (1) Two members of the Senate appointed by the Senate
| ||||||
| 15 | President, one of whom the President shall designate to
| ||||||
| 16 | serve as co-chair, and 2 members of the Senate appointed
by | ||||||
| 17 | the Minority Leader of the Senate. | ||||||
| 18 | (2) Two members of the House of Representatives
| ||||||
| 19 | appointed by the Speaker of the House of Representatives,
| ||||||
| 20 | one of whom the Speaker shall designate to serve as
| ||||||
| 21 | co-chair, and 2 members of the House of Representatives
| ||||||
| 22 | appointed by the Minority Leader of the House of
| ||||||
| 23 | Representatives. | ||||||
| 24 | (3) The following persons or their designees: | ||||||
| |||||||
| |||||||
| 1 | (A) the Attorney General, | ||||||
| 2 | (B) the Chief Judge of the Circuit Court of Cook
| ||||||
| 3 | County, | ||||||
| 4 | (C) the Director of the Illinois State Police, | ||||||
| 5 | (D) the Superintendent of the Chicago Police
| ||||||
| 6 | Department, | ||||||
| 7 | (E) the Sheriff of Cook County, | ||||||
| 8 | (F) the State Appellate Defender, | ||||||
| 9 | (G) the Cook County Public Defender, | ||||||
| 10 | (H) the Director of the Office of the State's
| ||||||
| 11 | Attorneys Appellate Prosecutor, | ||||||
| 12 | (I) the Cook County State's Attorney, | ||||||
| 13 | (J) the Executive Director of the Illinois | ||||||
| 14 | Criminal
Justice Information Authority, | ||||||
| 15 | (K) the Director of Corrections, | ||||||
| 16 | (L) the Director of Juvenile Justice, and | ||||||
| 17 | (M) the Executive Director of the Illinois
| ||||||
| 18 | African-American Family Commission. | ||||||
| 19 | (4) The co-chairs may name up to 8 persons,
| ||||||
| 20 | representing minority communities within Illinois, groups
| ||||||
| 21 | involved in the improvement of the administration of
| ||||||
| 22 | justice, behavioral health, criminal justice, law
| ||||||
| 23 | enforcement, and the rehabilitation of former inmates,
| ||||||
| 24 | community groups, and other interested parties.
| ||||||
| 25 | (Source: P.A. 97-433, eff. 8-16-11.)
| ||||||
| |||||||
| |||||||
| 1 | Section 330. The State Finance Act is amended by changing | ||||||
| 2 | Sections 6z-82, 6z-99, 6z-106, 8.3, 8.37, 8p, and 14 as | ||||||
| 3 | follows:
| ||||||
| 4 | (30 ILCS 105/6z-82) | ||||||
| 5 | Sec. 6z-82. State Police Operations Assistance Fund. | ||||||
| 6 | (a) There is created in the State treasury a special fund | ||||||
| 7 | known as the State Police Operations Assistance Fund. The Fund | ||||||
| 8 | shall receive revenue under the Criminal and Traffic Assessment | ||||||
| 9 | Act. The Fund may also receive revenue from grants, donations, | ||||||
| 10 | appropriations, and any other legal source. | ||||||
| 11 | (b) The Illinois Department of State Police may use moneys | ||||||
| 12 | in the Fund to finance any of its lawful purposes or functions. | ||||||
| 13 | (c) Expenditures may be made from the Fund only as | ||||||
| 14 | appropriated by the General Assembly by law. | ||||||
| 15 | (d) Investment income that is attributable to the | ||||||
| 16 | investment of moneys in the Fund shall be retained in the Fund | ||||||
| 17 | for the uses specified in this Section. | ||||||
| 18 | (e) The State Police Operations Assistance Fund shall not | ||||||
| 19 | be subject to administrative chargebacks.
| ||||||
| 20 | (f) Notwithstanding any other provision of State law to the | ||||||
| 21 | contrary, on or after July 1, 2012, and until June 30, 2013, in | ||||||
| 22 | addition to any other transfers that may be provided for by | ||||||
| 23 | law, at the direction of and upon notification from the | ||||||
| 24 | Director of the Illinois State Police, the State Comptroller | ||||||
| 25 | shall direct and the State Treasurer shall transfer amounts | ||||||
| |||||||
| |||||||
| 1 | into the State Police Operations Assistance Fund from the | ||||||
| 2 | designated funds not exceeding the following totals: | ||||||
| 3 | State Police Vehicle Fund.....................$2,250,000 | ||||||
| 4 | State Police Wireless Service | ||||||
| 5 | Emergency Fund............................$2,500,000 | ||||||
| 6 | State Police Services Fund....................$3,500,000 | ||||||
| 7 | (Source: P.A. 100-987, eff. 7-1-19.)
| ||||||
| 8 | (30 ILCS 105/6z-99) | ||||||
| 9 | Sec. 6z-99. The Mental Health Reporting Fund. | ||||||
| 10 | (a) There is created in the State treasury a special fund | ||||||
| 11 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
| 12 | receive revenue under the Firearm Concealed Carry Act. The Fund | ||||||
| 13 | may also receive revenue from grants, pass-through grants, | ||||||
| 14 | donations, appropriations, and any other legal source. | ||||||
| 15 | (b) The Illinois Department of State Police and Department | ||||||
| 16 | of Human Services shall coordinate to use moneys in the Fund to | ||||||
| 17 | finance their respective duties of collecting and reporting | ||||||
| 18 | data on mental health records and ensuring that mental health | ||||||
| 19 | firearm possession prohibitors are enforced as set forth under | ||||||
| 20 | the Firearm Concealed Carry Act and the Firearm Owners | ||||||
| 21 | Identification Card Act. Any surplus in the Fund beyond what is | ||||||
| 22 | necessary to ensure compliance with mental health reporting | ||||||
| 23 | under these Acts shall be used by the Department of Human | ||||||
| 24 | Services for mental health treatment programs. | ||||||
| 25 | (c) Investment income that is attributable to the | ||||||
| |||||||
| |||||||
| 1 | investment of moneys in the Fund shall be retained in the Fund | ||||||
| 2 | for the uses specified in this Section.
| ||||||
| 3 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
| ||||||
| 4 | (30 ILCS 105/6z-106) | ||||||
| 5 | Sec. 6z-106. State Police Law Enforcement Administration | ||||||
| 6 | Fund. | ||||||
| 7 | (a) There is created in the State treasury a special fund | ||||||
| 8 | known as the State Police Law Enforcement Administration Fund. | ||||||
| 9 | The Fund shall receive revenue under subsection (c) of Section | ||||||
| 10 | 10-5 of the Criminal and Traffic Assessment Act. The Fund may | ||||||
| 11 | also receive revenue from grants, donations, appropriations, | ||||||
| 12 | and any other legal source. | ||||||
| 13 | (b) The Illinois Department of State Police may use moneys | ||||||
| 14 | in the Fund to finance any of its lawful purposes or functions; | ||||||
| 15 | however, the primary purpose shall be to finance State Police | ||||||
| 16 | cadet classes in May and October of each year. | ||||||
| 17 | (c) Expenditures may be made from the Fund only as | ||||||
| 18 | appropriated by the General Assembly by law. | ||||||
| 19 | (d) Investment income that is attributable to the | ||||||
| 20 | investment of moneys in the Fund shall be retained in the Fund | ||||||
| 21 | for the uses specified in this Section. | ||||||
| 22 | (e) The State Police Law Enforcement Administration Fund | ||||||
| 23 | shall not be subject to administrative chargebacks.
| ||||||
| 24 | (Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) | ||||||
| 2 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
| 3 | State of
Illinois incurs any bonded indebtedness for the | ||||||
| 4 | construction of
permanent highways, be set aside and used for | ||||||
| 5 | the purpose of paying and
discharging annually the principal | ||||||
| 6 | and interest on that bonded
indebtedness then due and payable, | ||||||
| 7 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
| 8 | after the payment of principal and
interest on that bonded | ||||||
| 9 | indebtedness then annually due shall be used as
follows: | ||||||
| 10 | first -- to pay the cost of administration of Chapters | ||||||
| 11 | 2 through 10 of
the Illinois Vehicle Code, except the cost | ||||||
| 12 | of administration of Articles I and
II of Chapter 3 of that | ||||||
| 13 | Code; and | ||||||
| 14 | secondly -- for expenses of the Department of | ||||||
| 15 | Transportation for
construction, reconstruction, | ||||||
| 16 | improvement, repair, maintenance,
operation, and | ||||||
| 17 | administration of highways in accordance with the
| ||||||
| 18 | provisions of laws relating thereto, or for any purpose | ||||||
| 19 | related or
incident to and connected therewith, including | ||||||
| 20 | the separation of grades
of those highways with railroads | ||||||
| 21 | and with highways and including the
payment of awards made | ||||||
| 22 | by the Illinois Workers' Compensation Commission under the | ||||||
| 23 | terms of
the Workers' Compensation Act or Workers' | ||||||
| 24 | Occupational Diseases Act for
injury or death of an | ||||||
| 25 | employee of the Division of Highways in the
Department of | ||||||
| 26 | Transportation; or for the acquisition of land and the
| ||||||
| |||||||
| |||||||
| 1 | erection of buildings for highway purposes, including the | ||||||
| 2 | acquisition of
highway right-of-way or for investigations | ||||||
| 3 | to determine the reasonably
anticipated future highway | ||||||
| 4 | needs; or for making of surveys, plans,
specifications and | ||||||
| 5 | estimates for and in the construction and maintenance
of | ||||||
| 6 | flight strips and of highways necessary to provide access | ||||||
| 7 | to military
and naval reservations, to defense industries | ||||||
| 8 | and defense-industry
sites, and to the sources of raw | ||||||
| 9 | materials and for replacing existing
highways and highway | ||||||
| 10 | connections shut off from general public use at
military | ||||||
| 11 | and naval reservations and defense-industry sites, or for | ||||||
| 12 | the
purchase of right-of-way, except that the State shall | ||||||
| 13 | be reimbursed in
full for any expense incurred in building | ||||||
| 14 | the flight strips; or for the
operating and maintaining of | ||||||
| 15 | highway garages; or for patrolling and
policing the public | ||||||
| 16 | highways and conserving the peace; or for the operating | ||||||
| 17 | expenses of the Department relating to the administration | ||||||
| 18 | of public transportation programs; or, during fiscal year | ||||||
| 19 | 2020 only, for the purposes of a grant not to exceed | ||||||
| 20 | $8,394,800 to the Regional Transportation Authority on | ||||||
| 21 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 22 | expenses; or for any of
those purposes or any other purpose | ||||||
| 23 | that may be provided by law. | ||||||
| 24 | Appropriations for any of those purposes are payable from | ||||||
| 25 | the Road
Fund. Appropriations may also be made from the Road | ||||||
| 26 | Fund for the
administrative expenses of any State agency that | ||||||
| |||||||
| |||||||
| 1 | are related to motor
vehicles or arise from the use of motor | ||||||
| 2 | vehicles. | ||||||
| 3 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
| 4 | Fund monies
shall be appropriated to the following Departments | ||||||
| 5 | or agencies of State
government for administration, grants, or | ||||||
| 6 | operations; but this
limitation is not a restriction upon | ||||||
| 7 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 8 | eligible for federal reimbursement: | ||||||
| 9 | 1. Department of Public Health; | ||||||
| 10 | 2. Department of Transportation, only with respect to | ||||||
| 11 | subsidies for
one-half fare Student Transportation and | ||||||
| 12 | Reduced Fare for Elderly, except during fiscal year 2019 | ||||||
| 13 | only when no more than $17,570,000 may be expended and | ||||||
| 14 | except fiscal year 2020 only when no more than $17,570,000 | ||||||
| 15 | may be expended; | ||||||
| 16 | 3. Department of Central Management
Services, except | ||||||
| 17 | for expenditures
incurred for group insurance premiums of | ||||||
| 18 | appropriate personnel; | ||||||
| 19 | 4. Judicial Systems and Agencies. | ||||||
| 20 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
| 21 | Fund monies
shall be appropriated to the following Departments | ||||||
| 22 | or agencies of State
government for administration, grants, or | ||||||
| 23 | operations; but this
limitation is not a restriction upon | ||||||
| 24 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 25 | eligible for federal reimbursement: | ||||||
| 26 | 1. Illinois Department of State Police, except for | ||||||
| |||||||
| |||||||
| 1 | expenditures with
respect to the Division of Patrol | ||||||
| 2 | Operations and Division of Criminal Investigation | ||||||
| 3 | Operations; | ||||||
| 4 | 2. Department of Transportation, only with respect to | ||||||
| 5 | Intercity Rail
Subsidies, except during fiscal year 2019 | ||||||
| 6 | only when no more than $52,000,000 may be expended and | ||||||
| 7 | except fiscal year 2020 only when no more than $50,000,000 | ||||||
| 8 | may be expended, and Rail Freight Services. | ||||||
| 9 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
| 10 | Fund monies
shall be appropriated to the following Departments | ||||||
| 11 | or agencies of State
government for administration, grants, or | ||||||
| 12 | operations; but this
limitation is not a restriction upon | ||||||
| 13 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 14 | eligible for federal reimbursement: Department
of Central | ||||||
| 15 | Management Services, except for awards made by
the Illinois | ||||||
| 16 | Workers' Compensation Commission under the terms of the | ||||||
| 17 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
| 18 | Act for injury or death of an employee of
the Division of | ||||||
| 19 | Highways in the Department of Transportation. | ||||||
| 20 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| 21 | Fund monies
shall be appropriated to the following Departments | ||||||
| 22 | or agencies of State
government for administration, grants, or | ||||||
| 23 | operations; but this
limitation is not a restriction upon | ||||||
| 24 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 25 | eligible for federal reimbursement: | ||||||
| 26 | 1. Illinois Department of State Police, except not more | ||||||
| |||||||
| |||||||
| 1 | than 40% of the
funds appropriated for the Division of | ||||||
| 2 | Patrol Operations and Division of Criminal Investigation | ||||||
| 3 | Operations; | ||||||
| 4 | 2. State Officers. | ||||||
| 5 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| 6 | Fund monies
shall be appropriated to any Department or agency | ||||||
| 7 | of State government
for administration, grants, or operations | ||||||
| 8 | except as provided hereafter;
but this limitation is not a | ||||||
| 9 | restriction upon appropriating for those
purposes any Road Fund | ||||||
| 10 | monies that are eligible for federal
reimbursement. It shall | ||||||
| 11 | not be lawful to circumvent the above
appropriation limitations | ||||||
| 12 | by governmental reorganization or other
methods. | ||||||
| 13 | Appropriations shall be made from the Road Fund only in
| ||||||
| 14 | accordance with the provisions of this Section. | ||||||
| 15 | Money in the Road Fund shall, if and when the State of | ||||||
| 16 | Illinois
incurs any bonded indebtedness for the construction of | ||||||
| 17 | permanent
highways, be set aside and used for the purpose of | ||||||
| 18 | paying and
discharging during each fiscal year the principal | ||||||
| 19 | and interest on that
bonded indebtedness as it becomes due and | ||||||
| 20 | payable as provided in the
Transportation Bond Act, and for no | ||||||
| 21 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
| 22 | payment of
principal and interest on that bonded indebtedness | ||||||
| 23 | then annually due
shall be used as follows: | ||||||
| 24 | first -- to pay the cost of administration of Chapters | ||||||
| 25 | 2 through 10
of the Illinois Vehicle Code; and | ||||||
| 26 | secondly -- no Road Fund monies derived from fees, | ||||||
| |||||||
| |||||||
| 1 | excises, or
license taxes relating to registration, | ||||||
| 2 | operation and use of vehicles on
public highways or to | ||||||
| 3 | fuels used for the propulsion of those vehicles,
shall be | ||||||
| 4 | appropriated or expended other than for costs of | ||||||
| 5 | administering
the laws imposing those fees, excises, and | ||||||
| 6 | license taxes, statutory
refunds and adjustments allowed | ||||||
| 7 | thereunder, administrative costs of the
Department of | ||||||
| 8 | Transportation, including, but not limited to, the | ||||||
| 9 | operating expenses of the Department relating to the | ||||||
| 10 | administration of public transportation programs, payment | ||||||
| 11 | of debts and liabilities incurred
in construction and | ||||||
| 12 | reconstruction of public highways and bridges,
acquisition | ||||||
| 13 | of rights-of-way for and the cost of construction,
| ||||||
| 14 | reconstruction, maintenance, repair, and operation of | ||||||
| 15 | public highways and
bridges under the direction and | ||||||
| 16 | supervision of the State, political
subdivision, or | ||||||
| 17 | municipality collecting those monies, or during fiscal | ||||||
| 18 | year 2019 only for the purposes of a grant not to exceed | ||||||
| 19 | $3,825,000 to the Regional Transportation Authority on | ||||||
| 20 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 21 | expenses, or during fiscal year 2020 only for the purposes | ||||||
| 22 | of a grant not to exceed $8,394,800 to the Regional | ||||||
| 23 | Transportation Authority on behalf of PACE for the purpose | ||||||
| 24 | of ADA/Para-transit expenses, and the costs for
patrolling | ||||||
| 25 | and policing the public highways (by State, political
| ||||||
| 26 | subdivision, or municipality collecting that money) for | ||||||
| |||||||
| |||||||
| 1 | enforcement of
traffic laws. The separation of grades of | ||||||
| 2 | such highways with railroads
and costs associated with | ||||||
| 3 | protection of at-grade highway and railroad
crossing shall | ||||||
| 4 | also be permissible. | ||||||
| 5 | Appropriations for any of such purposes are payable from | ||||||
| 6 | the Road
Fund or the Grade Crossing Protection Fund as provided | ||||||
| 7 | in Section 8 of
the Motor Fuel Tax Law. | ||||||
| 8 | Except as provided in this paragraph, beginning with fiscal | ||||||
| 9 | year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
| 10 | appropriated to the Illinois Department of State Police for the | ||||||
| 11 | purposes of
this Section in excess of its total fiscal year | ||||||
| 12 | 1990 Road Fund
appropriations for those purposes unless | ||||||
| 13 | otherwise provided in Section 5g of
this Act.
For fiscal years | ||||||
| 14 | 2003,
2004, 2005, 2006, and 2007 only, no Road Fund monies | ||||||
| 15 | shall
be appropriated to the
Department of State Police for the | ||||||
| 16 | purposes of this Section in excess of
$97,310,000.
For fiscal | ||||||
| 17 | year 2008 only, no Road
Fund monies shall be appropriated to | ||||||
| 18 | the Department of State Police for the purposes of
this Section | ||||||
| 19 | in excess of $106,100,000. For fiscal year 2009 only, no Road | ||||||
| 20 | Fund monies shall be appropriated to the Department of State | ||||||
| 21 | Police for the purposes of this Section in excess of | ||||||
| 22 | $114,700,000. Beginning in fiscal year 2010, no road fund | ||||||
| 23 | moneys shall be appropriated to the Illinois Department of | ||||||
| 24 | State Police. It shall not be lawful to circumvent this | ||||||
| 25 | limitation on
appropriations by governmental reorganization or | ||||||
| 26 | other methods unless
otherwise provided in Section 5g of this | ||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| 1 | Act. | |||||||||||||||||||||||||||||
| 2 | In fiscal year 1994, no Road Fund monies shall be | |||||||||||||||||||||||||||||
| 3 | appropriated
to the
Secretary of State for the purposes of this | |||||||||||||||||||||||||||||
| 4 | Section in excess of the total
fiscal year 1991 Road Fund | |||||||||||||||||||||||||||||
| 5 | appropriations to the Secretary of State for
those purposes, | |||||||||||||||||||||||||||||
| 6 | plus $9,800,000. It
shall not be
lawful to circumvent
this | |||||||||||||||||||||||||||||
| 7 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||||||||||
| 8 | other
method. | |||||||||||||||||||||||||||||
| 9 | Beginning with fiscal year 1995 and thereafter, no Road | |||||||||||||||||||||||||||||
| 10 | Fund
monies
shall be appropriated to the Secretary of State for | |||||||||||||||||||||||||||||
| 11 | the purposes of this
Section in excess of the total fiscal year | |||||||||||||||||||||||||||||
| 12 | 1994 Road Fund
appropriations to
the Secretary of State for | |||||||||||||||||||||||||||||
| 13 | those purposes. It shall not be lawful to
circumvent this | |||||||||||||||||||||||||||||
| 14 | limitation on appropriations by governmental reorganization
or | |||||||||||||||||||||||||||||
| 15 | other methods. | |||||||||||||||||||||||||||||
| 16 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||||||||||
| 17 | appropriations to the
Secretary of State for the purposes of | |||||||||||||||||||||||||||||
| 18 | this Section shall not exceed the
amounts specified for the | |||||||||||||||||||||||||||||
| 19 | following fiscal years: | |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||
| ||||||||||||||
| ||||||||||||||
| 4 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||
| 5 | appropriated to the Secretary of State. | |||||||||||||
| 6 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||
| 7 | shall be appropriated to the Secretary of State for the | |||||||||||||
| 8 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||
| 9 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||
| 10 | otherwise provided for by law. | |||||||||||||
| 11 | It shall not be lawful to circumvent this limitation on | |||||||||||||
| 12 | appropriations by
governmental reorganization or other | |||||||||||||
| 13 | methods. | |||||||||||||
| 14 | No new program may be initiated in fiscal year 1991 and
| |||||||||||||
| 15 | thereafter that is not consistent with the limitations imposed | |||||||||||||
| 16 | by this
Section for fiscal year 1984 and thereafter, insofar as | |||||||||||||
| 17 | appropriation of
Road Fund monies is concerned. | |||||||||||||
| 18 | Nothing in this Section prohibits transfers from the Road | |||||||||||||
| 19 | Fund to the
State Construction Account Fund under Section 5e of | |||||||||||||
| 20 | this Act; nor to the
General Revenue Fund, as authorized by | |||||||||||||
| 21 | Public Act 93-25. | |||||||||||||
| 22 | The additional amounts authorized for expenditure in this | |||||||||||||
| 23 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| |||||||||||||
| 24 | shall be repaid to the Road Fund
from the General Revenue Fund | |||||||||||||
| 25 | in the next succeeding fiscal year that the
General Revenue | |||||||||||||
| 26 | Fund has a positive budgetary balance, as determined by
| |||||||||||||
| |||||||
| |||||||
| 1 | generally accepted accounting principles applicable to | ||||||
| 2 | government. | ||||||
| 3 | The additional amounts authorized for expenditure by the | ||||||
| 4 | Secretary of State
and
the Department of State Police in this | ||||||
| 5 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
| 6 | from the General Revenue Fund in the
next
succeeding fiscal | ||||||
| 7 | year that the General Revenue Fund has a positive budgetary
| ||||||
| 8 | balance,
as determined by generally accepted accounting | ||||||
| 9 | principles applicable to
government. | ||||||
| 10 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
| 11 | 100-863, eff.8-14-18; 101-10, eff. 6-5-19.)
| ||||||
| 12 | (30 ILCS 105/8.37)
| ||||||
| 13 | Sec. 8.37. State Police Wireless Service Emergency Fund.
| ||||||
| 14 | (a) The State Police Wireless Service Emergency Fund is | ||||||
| 15 | created as
a special fund in the State Treasury.
| ||||||
| 16 | (b) Grants or surcharge funds allocated to the Illinois | ||||||
| 17 | Department of State Police from the Statewide 9-1-1 Fund shall | ||||||
| 18 | be deposited into the State Police Wireless Service
Emergency | ||||||
| 19 | Fund and shall be used in accordance with Section 30 of the
| ||||||
| 20 | Emergency Telephone System Act.
| ||||||
| 21 | (c) On July 1, 1999, the State Comptroller and State | ||||||
| 22 | Treasurer shall
transfer $1,300,000 from the General Revenue | ||||||
| 23 | Fund to the State Police Wireless
Service Emergency Fund. On | ||||||
| 24 | June 30, 2003 the State Comptroller and State
Treasurer shall | ||||||
| 25 | transfer $1,300,000 from the State Police Wireless Service
| ||||||
| |||||||
| |||||||
| 1 | Emergency Fund to the General Revenue Fund.
| ||||||
| 2 | (Source: P.A. 100-20, eff. 7-1-17.)
| ||||||
| 3 | (30 ILCS 105/8p) | ||||||
| 4 | Sec. 8p. State Police Streetgang-Related Crime Fund. | ||||||
| 5 | (a) The State Police Streetgang-Related Crime Fund is | ||||||
| 6 | created as a special fund in the State treasury. | ||||||
| 7 | (b) All moneys collected and payable to the Illinois | ||||||
| 8 | Department of State Police from the State Police | ||||||
| 9 | Streetgang-Related Crime Fund shall be appropriated to and | ||||||
| 10 | administered by the Illinois Department of State Police for | ||||||
| 11 | operations and initiatives to combat and prevent | ||||||
| 12 | streetgang-related crime. | ||||||
| 13 | (c) The State Police Streetgang-Related Crime Fund shall | ||||||
| 14 | not be subject to administrative chargebacks.
| ||||||
| 15 | (Source: P.A. 100-987, eff. 7-1-19.)
| ||||||
| 16 | (30 ILCS 105/14) (from Ch. 127, par. 150)
| ||||||
| 17 | Sec. 14. The item "personal services", when used in an | ||||||
| 18 | appropriation
Act, means the reward or recompense made for | ||||||
| 19 | personal services rendered
for the State by an officer or | ||||||
| 20 | employee of the State or of an
instrumentality thereof, or for | ||||||
| 21 | the purpose of Section 14a of this Act,
or any amount required | ||||||
| 22 | or authorized to be deducted from the salary of
any such person | ||||||
| 23 | under the provisions of Section 30c of this Act, or any
| ||||||
| 24 | retirement or tax law, or both, or deductions from the salary | ||||||
| |||||||
| |||||||
| 1 | of any
such person under the Social Security Enabling Act or | ||||||
| 2 | deductions from
the salary of such person pursuant to the | ||||||
| 3 | Voluntary Payroll Deductions
Act of 1983.
| ||||||
| 4 | If no home is furnished to a person who is a full-time | ||||||
| 5 | chaplain
employed by the State or a former full-time chaplain | ||||||
| 6 | retired from State
employment, 20% of the salary or pension | ||||||
| 7 | paid to that person for his
personal services to the State as | ||||||
| 8 | chaplain are considered to be a rental
allowance paid to him to | ||||||
| 9 | rent or otherwise provide a home. This
amendatory Act of 1973 | ||||||
| 10 | applies to State salary amounts received after
December 31, | ||||||
| 11 | 1973.
| ||||||
| 12 | When any appropriation payable from trust funds or federal | ||||||
| 13 | funds
includes an item for personal services but does not | ||||||
| 14 | include a separate
item for State contribution for employee | ||||||
| 15 | group insurance, the State
contribution for employee group | ||||||
| 16 | insurance in relation to employees paid
under that personal | ||||||
| 17 | services line item shall also be payable under that
personal | ||||||
| 18 | services line item.
| ||||||
| 19 | When any appropriation payable from trust funds or federal | ||||||
| 20 | funds
includes an item for personal services but does not | ||||||
| 21 | include a separate
item for employee retirement contributions | ||||||
| 22 | paid by the employer, the State
contribution for employee | ||||||
| 23 | retirement contributions paid by the employer in
relation to | ||||||
| 24 | employees paid under that personal services line item shall
| ||||||
| 25 | also be payable under that personal services line item.
| ||||||
| 26 | The item "personal services", when used in an appropriation | ||||||
| |||||||
| |||||||
| 1 | Act, shall
also mean and include a payment to a State | ||||||
| 2 | retirement system by a State
agency to discharge a debt arising | ||||||
| 3 | from the over-refund to an employee of
retirement | ||||||
| 4 | contributions. The payment to a State retirement system | ||||||
| 5 | authorized
by this paragraph shall not be construed to release | ||||||
| 6 | the employee from his
or her obligation to return to the State | ||||||
| 7 | the amount of the over-refund.
| ||||||
| 8 | The item "personal services", when used in an appropriation | ||||||
| 9 | Act, also
includes a payment to reimburse the Department of | ||||||
| 10 | Central Management Services
for temporary total disability | ||||||
| 11 | benefit payments in accordance with subdivision
(9) of Section | ||||||
| 12 | 405-105 of the Department of
Central Management Services Law | ||||||
| 13 | (20 ILCS 405/405-105).
| ||||||
| 14 | Beginning July 1, 1993, the item "personal services" and | ||||||
| 15 | related line
items, when used in an appropriation Act or this | ||||||
| 16 | Act, shall
also mean and include back wage claims of State | ||||||
| 17 | officers and employees to
the extent those claims have not been | ||||||
| 18 | satisfied from the back wage
appropriation to the Department of | ||||||
| 19 | Central Management Services in the
preceding fiscal year, as | ||||||
| 20 | provided in Section 14b of this Act and subdivision
(13) of | ||||||
| 21 | Section 405-105 of the Department of Central
Management | ||||||
| 22 | Services Law (20 ILCS 405/405-105).
| ||||||
| 23 | The item "personal services", when used with respect to | ||||||
| 24 | State police
officers in an appropriation Act, also includes a | ||||||
| 25 | payment for the burial
expenses of a State police officer | ||||||
| 26 | killed in the line of duty, made in
accordance with Section | ||||||
| |||||||
| |||||||
| 1 | 12.2 of the Illinois State Police Act and any rules adopted
| ||||||
| 2 | under that Section.
| ||||||
| 3 | For State fiscal year 2005, the item "personal services", | ||||||
| 4 | when used in an appropriation Act, also includes payments for | ||||||
| 5 | employee retirement contributions paid by the employer.
| ||||||
| 6 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
| 7 | Section 335. The State Officers and Employees Money | ||||||
| 8 | Disposition Act is amended by changing Section 2 as follows:
| ||||||
| 9 | (30 ILCS 230/2) (from Ch. 127, par. 171)
| ||||||
| 10 | Sec. 2. Accounts of money received; payment into State | ||||||
| 11 | treasury.
| ||||||
| 12 | (a) Every officer, board, commission, commissioner, | ||||||
| 13 | department,
institution, arm or agency brought within the | ||||||
| 14 | provisions of this Act by
Section 1 shall keep in proper books | ||||||
| 15 | a detailed itemized account
of all moneys received for or on | ||||||
| 16 | behalf of the State of Illinois, showing
the date
of receipt, | ||||||
| 17 | the payor, and purpose and amount, and the date and manner
of | ||||||
| 18 | disbursement as hereinafter provided, and, unless a different | ||||||
| 19 | time of
payment is expressly provided by law or by rules or | ||||||
| 20 | regulations promulgated
under subsection (b) of this Section, | ||||||
| 21 | shall pay into the State treasury
the gross amount of money so | ||||||
| 22 | received on the day of actual physical
receipt with respect to | ||||||
| 23 | any single item of receipt exceeding $10,000,
within 24 hours | ||||||
| 24 | of actual physical receipt with respect to an accumulation
of | ||||||
| |||||||
| |||||||
| 1 | receipts of $10,000 or more, or within 48 hours of actual | ||||||
| 2 | physical
receipt with respect to an accumulation of receipts | ||||||
| 3 | exceeding $500 but less
than $10,000, disregarding holidays, | ||||||
| 4 | Saturdays and Sundays, after the receipt
of same, without any | ||||||
| 5 | deduction on account of salaries, fees, costs, charges,
| ||||||
| 6 | expenses or claims of any description whatever; provided that:
| ||||||
| 7 | (1) the provisions of (i) Section 2505-475 of the
| ||||||
| 8 | Department
of Revenue Law (20 ILCS 2505/2505-475), (ii) any | ||||||
| 9 | specific taxing statute
authorizing a claim for
credit | ||||||
| 10 | procedure instead of the actual making of refunds, (iii) | ||||||
| 11 | Section 505 of
the Illinois Controlled Substances
Act, (iv) | ||||||
| 12 | Section 85 of the Methamphetamine Control and Community | ||||||
| 13 | Protection Act, authorizing the Director of the Illinois
| ||||||
| 14 | State Police to dispose of forfeited property, which | ||||||
| 15 | includes the sale and
disposition of the proceeds of the | ||||||
| 16 | sale of forfeited property, and the
Department of Central | ||||||
| 17 | Management Services to be reimbursed for costs incurred
| ||||||
| 18 | with the sales of forfeited vehicles, boats or aircraft and | ||||||
| 19 | to pay to bona fide
or innocent purchasers, conditional | ||||||
| 20 | sales vendors or mortgagees of such
vehicles, boats or | ||||||
| 21 | aircraft their interest in such vehicles, boats or | ||||||
| 22 | aircraft,
and (v)
Section 6b-2 of the State Finance Act,
| ||||||
| 23 | establishing procedures for handling cash receipts from | ||||||
| 24 | the sale of pari-mutuel
wagering tickets, shall not be | ||||||
| 25 | deemed to be in conflict with the requirements
of this | ||||||
| 26 | Section;
| ||||||
| |||||||
| |||||||
| 1 | (2) any fees received by the State
Registrar of Vital | ||||||
| 2 | Records pursuant to the Vital Records Act which are
| ||||||
| 3 | insufficient in amount may be returned by the Registrar as | ||||||
| 4 | provided in that
Act;
| ||||||
| 5 | (3) any fees received by the Department of
Public | ||||||
| 6 | Health under the Food Handling Regulation Enforcement Act | ||||||
| 7 | that are
submitted for renewal of an expired food service | ||||||
| 8 | sanitation manager certificate
may be returned by the | ||||||
| 9 | Director as provided in that Act;
| ||||||
| 10 | (3.5) the State Treasurer may permit the deduction of | ||||||
| 11 | fees by
third-party unclaimed property examiners from the | ||||||
| 12 | property recovered by the
examiners for the State of | ||||||
| 13 | Illinois during examinations of holders located
outside | ||||||
| 14 | the State under which the Office of the Treasurer has | ||||||
| 15 | agreed to pay for
the examinations based upon a percentage, | ||||||
| 16 | in
accordance with the Revised Uniform Unclaimed Property | ||||||
| 17 | Act, of the property
recovered during the
examination; and
| ||||||
| 18 | (4) if the amount of money received
does not exceed | ||||||
| 19 | $500, such money may be retained and need not be paid
into | ||||||
| 20 | the State treasury until the total amount of money so | ||||||
| 21 | received
exceeds $500, or until the next succeeding 1st or | ||||||
| 22 | 15th day of each month
(or until the next business day if | ||||||
| 23 | these days fall on Sunday or a
holiday), whichever is | ||||||
| 24 | earlier, at which earlier time such money shall
be paid | ||||||
| 25 | into the State treasury, except that if a local bank or | ||||||
| 26 | savings
and loan association account has been authorized by | ||||||
| |||||||
| |||||||
| 1 | law, any balances shall
be paid into the State treasury on | ||||||
| 2 | Monday of each week if more than $500
is to be deposited in | ||||||
| 3 | any fund.
| ||||||
| 4 | Single items of receipt exceeding $10,000 received after 2 p.m. | ||||||
| 5 | on a working
day may be deemed to have been received on the | ||||||
| 6 | next working day for purposes of
fulfilling the requirement | ||||||
| 7 | that the item be deposited on the day of actual
physical | ||||||
| 8 | receipt.
| ||||||
| 9 | No money belonging to or left for the use of the State | ||||||
| 10 | shall be expended or
applied except in consequence of an | ||||||
| 11 | appropriation made by law and upon the
warrant of the State | ||||||
| 12 | Comptroller. However, payments made by the Comptroller
to | ||||||
| 13 | persons by direct deposit need not be made upon the warrant of | ||||||
| 14 | the
Comptroller, but if not made upon a warrant, shall be made | ||||||
| 15 | in accordance
with Section 9.02 of the State Comptroller Act. | ||||||
| 16 | All moneys so paid
into the State treasury shall, unless | ||||||
| 17 | required by some statute to be held in
the State treasury in a | ||||||
| 18 | separate or special fund, be covered into the General
Revenue | ||||||
| 19 | Fund in the State treasury. Moneys received
in the form of | ||||||
| 20 | checks, drafts or similar instruments shall be properly
| ||||||
| 21 | endorsed, if necessary, and delivered to the State Treasurer | ||||||
| 22 | for
collection. The State Treasurer shall remit such collected | ||||||
| 23 | funds to the
depositing officer, board, commission, | ||||||
| 24 | commissioner, department,
institution, arm or agency by | ||||||
| 25 | Treasurers Draft or through electronic funds
transfer. The | ||||||
| 26 | draft or notification of the electronic funds
transfer shall be | ||||||
| |||||||
| |||||||
| 1 | provided to the State Comptroller to allow deposit into
the | ||||||
| 2 | appropriate fund.
| ||||||
| 3 | (b) Different time periods for the payment of public funds | ||||||
| 4 | into the State
treasury or to the State Treasurer, in excess of | ||||||
| 5 | the periods established
in subsection (a) of this Section, but | ||||||
| 6 | not in excess of 30 days after receipt
of such funds, may be | ||||||
| 7 | established and revised from time to time by rules or
| ||||||
| 8 | regulations promulgated jointly by the State Treasurer and the | ||||||
| 9 | State
Comptroller in accordance with the Illinois | ||||||
| 10 | Administrative
Procedure Act. The different
time periods | ||||||
| 11 | established by rule or regulation under this subsection may | ||||||
| 12 | vary
according to the nature and amounts of the funds received, | ||||||
| 13 | the locations at
which the funds are received, whether | ||||||
| 14 | compliance with the deposit requirements
specified in | ||||||
| 15 | subsection (a) of this Section would be cost effective, and | ||||||
| 16 | such
other circumstances and conditions as the promulgating | ||||||
| 17 | authorities consider to
be appropriate. The Treasurer and the | ||||||
| 18 | Comptroller shall review all such
different time
periods | ||||||
| 19 | established pursuant to this subsection every 2 years from the
| ||||||
| 20 | establishment thereof and upon such review, unless it is | ||||||
| 21 | determined that it
is economically unfeasible for the agency to | ||||||
| 22 | comply with the provisions of
subsection (a), shall repeal such | ||||||
| 23 | different time period.
| ||||||
| 24 | (Source: P.A. 100-22, eff. 1-1-18.)
| ||||||
| 25 | Section 340. The Illinois Procurement Code is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 25-75 as follows:
| ||||||
| 2 | (30 ILCS 500/25-75) | ||||||
| 3 | Sec. 25-75. Purchase of motor vehicles. | ||||||
| 4 | (a) Beginning on the effective date of this amendatory Act | ||||||
| 5 | of the 94th General Assembly, all gasoline-powered vehicles | ||||||
| 6 | purchased from State funds must be flexible fuel vehicles. | ||||||
| 7 | Beginning July 1, 2007, all gasoline-powered vehicles | ||||||
| 8 | purchased from State funds must be flexible fuel or fuel | ||||||
| 9 | efficient hybrid vehicles. For purposes of this Section, | ||||||
| 10 | "flexible fuel vehicles" are automobiles or light trucks that | ||||||
| 11 | operate on either gasoline or E-85 (85% ethanol, 15% gasoline) | ||||||
| 12 | fuel and "Fuel efficient hybrid vehicles" are automobiles or | ||||||
| 13 | light trucks that use a gasoline or diesel engine and an | ||||||
| 14 | electric motor to provide power and gain at least a 20% | ||||||
| 15 | increase in combined US-EPA city-highway fuel economy over the | ||||||
| 16 | equivalent or most-similar conventionally-powered model. | ||||||
| 17 | (b) On and after the effective date of this amendatory Act | ||||||
| 18 | of the 94th General Assembly, any vehicle purchased from State | ||||||
| 19 | funds that is fueled by diesel fuel shall be certified by the | ||||||
| 20 | manufacturer to run on 5% biodiesel (B5) fuel. | ||||||
| 21 | (b-5) On and after January 1, 2016, 15% of passenger | ||||||
| 22 | vehicles, other than Department of Corrections vehicles, | ||||||
| 23 | Secretary of State vehicles (except for mid-sized sedans), and | ||||||
| 24 | Illinois Department of State Police patrol vehicles, purchased | ||||||
| 25 | with State funds shall be vehicles fueled by electricity, | ||||||
| |||||||
| |||||||
| 1 | electricity and gasohol (hybrids or plug-in hybrids), | ||||||
| 2 | compressed natural gas, liquid petroleum gas, or liquid natural | ||||||
| 3 | gas, including dedicated or non-dedicated fuel type vehicles. | ||||||
| 4 | (c) The Chief Procurement Officer may determine that | ||||||
| 5 | certain vehicle procurements are exempt from this Section based | ||||||
| 6 | on intended use or other reasonable considerations such as | ||||||
| 7 | health and safety of Illinois citizens.
| ||||||
| 8 | (Source: P.A. 98-442, eff. 1-1-14; 98-759, eff. 7-16-14; | ||||||
| 9 | 99-406, eff. 1-1-16.)
| ||||||
| 10 | Section 345. The State Property Control Act is amended by | ||||||
| 11 | changing Sections 7, 7b and 7c as follows:
| ||||||
| 12 | (30 ILCS 605/7) (from Ch. 127, par. 133b10)
| ||||||
| 13 | Sec. 7. Disposition of transferable property.
| ||||||
| 14 | (a) Except as provided in subsection (c), whenever a | ||||||
| 15 | responsible officer
considers it advantageous to
the State to | ||||||
| 16 | dispose of transferable property by trading it in for
credit on | ||||||
| 17 | a replacement of like nature, the responsible officer shall
| ||||||
| 18 | report the trade-in and replacement to the administrator on | ||||||
| 19 | forms furnished
by the latter. The exchange, trade or transfer | ||||||
| 20 | of "textbooks" as defined in
Section 18-17 of the School Code | ||||||
| 21 | between schools or school districts pursuant
to regulations | ||||||
| 22 | adopted by the State Board of Education under that Section
| ||||||
| 23 | shall not constitute a disposition of transferable property | ||||||
| 24 | within the
meaning of this Section, even though such exchange, | ||||||
| |||||||
| |||||||
| 1 | trade or transfer
occurs within 5 years after the textbooks are | ||||||
| 2 | first provided for loan
pursuant to Section 18-17 of the School | ||||||
| 3 | Code.
| ||||||
| 4 | (b) Except as provided in subsection (c), whenever it is | ||||||
| 5 | deemed
necessary to dispose of any item of
transferable | ||||||
| 6 | property, the administrator shall proceed to dispose of the
| ||||||
| 7 | property by sale or scrapping as the case may be, in whatever | ||||||
| 8 | manner he
considers most advantageous and most profitable to | ||||||
| 9 | the State.
Items of transferable property which would | ||||||
| 10 | ordinarily be scrapped and
disposed of by burning or by burial | ||||||
| 11 | in a landfill may be examined and a
determination made whether | ||||||
| 12 | the property should be recycled. This
determination and any | ||||||
| 13 | sale of recyclable property shall be in accordance
with rules | ||||||
| 14 | promulgated by the Administrator.
| ||||||
| 15 | When the administrator determines that property is to be | ||||||
| 16 | disposed of
by sale, he shall offer it first to the | ||||||
| 17 | municipalities, counties, and
school districts of the State and | ||||||
| 18 | to charitable, not-for-profit educational
and public health | ||||||
| 19 | organizations, including but not limited to medical
| ||||||
| 20 | institutions, clinics, hospitals, health centers, schools, | ||||||
| 21 | colleges,
universities, child care centers, museums, nursing | ||||||
| 22 | homes, programs for the
elderly, food banks, State Use | ||||||
| 23 | Sheltered Workshops and
the Boy and Girl Scouts of America, for | ||||||
| 24 | purchase at an appraised
value. Notice of inspection or viewing | ||||||
| 25 | dates and property lists
shall be distributed in the manner | ||||||
| 26 | provided in rules and regulations
promulgated by the | ||||||
| |||||||
| |||||||
| 1 | Administrator for that purpose.
| ||||||
| 2 | Electronic data processing equipment purchased and charged | ||||||
| 3 | to
appropriations may, at the discretion of the administrator, | ||||||
| 4 | be sold, pursuant
to contracts entered into by the Director of | ||||||
| 5 | Central Management Services or
the heads of agencies exempt | ||||||
| 6 | from "The Illinois Purchasing Act". However
such equipment | ||||||
| 7 | shall not be sold at prices less than the purchase cost
thereof | ||||||
| 8 | or depreciated value as determined by the administrator. No
| ||||||
| 9 | sale of the electronic data processing equipment and lease to | ||||||
| 10 | the State
by the purchaser of such equipment shall be made | ||||||
| 11 | under this Act unless
the Director of Central Management | ||||||
| 12 | Services finds
that such contracts are financially | ||||||
| 13 | advantageous to the State.
| ||||||
| 14 | Disposition of other transferable property by sale, except | ||||||
| 15 | sales
directly to local governmental units, school districts, | ||||||
| 16 | and not-for-profit
educational, charitable and public health | ||||||
| 17 | organizations, shall be subject
to the following minimum | ||||||
| 18 | conditions:
| ||||||
| 19 | (1) The administrator shall cause the property to be | ||||||
| 20 | advertised for
sale to the highest responsible bidder, | ||||||
| 21 | stating time, place, and terms
of such sale at least 7 days | ||||||
| 22 | prior to the time of sale and at least once
in a newspaper | ||||||
| 23 | having a general circulation in the county where the
| ||||||
| 24 | property is to be sold.
| ||||||
| 25 | (2) If no acceptable bids are received, the | ||||||
| 26 | administrator may then
sell the property in whatever manner | ||||||
| |||||||
| |||||||
| 1 | he considers most advantageous and
most profitable to the | ||||||
| 2 | State.
| ||||||
| 3 | (c) Notwithstanding any other provision of this Act, an | ||||||
| 4 | agency covered
by this Act may transfer books, serial | ||||||
| 5 | publications, or other library
materials that are transferable | ||||||
| 6 | property, or that have been withdrawn from the agency's library | ||||||
| 7 | collection through a regular collection evaluation process, to | ||||||
| 8 | any of the following entities:
| ||||||
| 9 | (1) Another agency covered by this Act located in | ||||||
| 10 | Illinois.
| ||||||
| 11 | (2) A State supported university library located in | ||||||
| 12 | Illinois.
| ||||||
| 13 | (3) A tax-supported public library located in | ||||||
| 14 | Illinois, including a library
established by
a public | ||||||
| 15 | library district.
| ||||||
| 16 | (4) A library system organized under the Illinois | ||||||
| 17 | Library
System Act
or any library located in Illinois that | ||||||
| 18 | is a member of such a system.
| ||||||
| 19 | (5) A non-profit agency, located in or outside | ||||||
| 20 | Illinois. | ||||||
| 21 | A transfer of property under this subsection is not subject | ||||||
| 22 | to the
requirements of subsection (a) or (b).
| ||||||
| 23 | In addition, an agency covered by this Act may sell or | ||||||
| 24 | exchange books, serial publications, and other library | ||||||
| 25 | materials that have been withdrawn from its library collection | ||||||
| 26 | through a regular collection evaluation process. Those items | ||||||
| |||||||
| |||||||
| 1 | may be sold to the public at library book sales or to book | ||||||
| 2 | dealers or may be offered through exchange to book dealers or | ||||||
| 3 | other organizations. Revenues generated from the sale of | ||||||
| 4 | withdrawn items shall be retained by the agency in a separate | ||||||
| 5 | account to be used solely for the purchase of library | ||||||
| 6 | materials; except that in the case of the State Library, | ||||||
| 7 | revenues from the sale of withdrawn items shall be deposited | ||||||
| 8 | into the State Library Fund to be used for the purposes stated | ||||||
| 9 | in Section 25 of the State Library Act. | ||||||
| 10 | For purposes of this subsection (c), "library materials" | ||||||
| 11 | means physical
entities of any substance that serve as carriers | ||||||
| 12 | of information, including,
without limitation, books, serial | ||||||
| 13 | publications, periodicals, microforms,
graphics, audio or
| ||||||
| 14 | video recordings, and machine readable data files.
| ||||||
| 15 | (d) Notwithstanding any other provision of this Act, the | ||||||
| 16 | Director of the Illinois State Police may dispose of a service | ||||||
| 17 | firearm or police badge issued or previously issued to a | ||||||
| 18 | retiring or separating State Police officer as provided in | ||||||
| 19 | Section 17b of the Illinois State Police Act. The Director of | ||||||
| 20 | Natural Resources may dispose of a service firearm or police | ||||||
| 21 | badge issued previously to a retiring Conservation Police | ||||||
| 22 | Officer as provided in Section 805-538 of the Department of | ||||||
| 23 | Natural Resources (Conservation) Law of the
Civil | ||||||
| 24 | Administrative Code of Illinois. The Director of the Secretary | ||||||
| 25 | of State Department of Police may dispose of a service firearm | ||||||
| 26 | or police badge issued or previously issued to a retiring | ||||||
| |||||||
| |||||||
| 1 | Secretary of State Police officer, inspector, or investigator | ||||||
| 2 | as provided in Section 2-116 of the Illinois Vehicle Code. The | ||||||
| 3 | Office of the State Fire Marshal may dispose of a service | ||||||
| 4 | firearm or badge previously issued to a State Fire Marshal | ||||||
| 5 | Arson Investigator Special Agent who is honorably retiring or | ||||||
| 6 | separating in good standing as provided in subsection (c) of | ||||||
| 7 | Section 1 of the Peace Officer Fire Investigation Act. | ||||||
| 8 | (Source: P.A. 100-931, eff. 8-17-18.)
| ||||||
| 9 | (30 ILCS 605/7b)
| ||||||
| 10 | Sec. 7b. Maintenance and operation of Illinois State Police | ||||||
| 11 | vehicles. All proceeds received by the Department
of Central | ||||||
| 12 | Management Services under this Act from the sale of vehicles
| ||||||
| 13 | operated
by the Illinois Department of State Police, except for | ||||||
| 14 | a $500 handling fee
to be
retained by the Department of Central | ||||||
| 15 | Management Services for each vehicle
sold, shall be deposited
| ||||||
| 16 | into the State Police Vehicle Maintenance Fund.
However, in | ||||||
| 17 | lieu of the $500 handling fee as provided by this paragraph, | ||||||
| 18 | the
Department of Central
Management Services shall retain all | ||||||
| 19 | proceeds from the sale of any vehicle for
which $500 or a | ||||||
| 20 | lesser amount is collected.
| ||||||
| 21 | The State Police Vehicle Maintenance Fund is created as a | ||||||
| 22 | special fund in the
State treasury. All moneys in the State | ||||||
| 23 | Police Vehicle Maintenance Fund, subject to
appropriation, | ||||||
| 24 | shall be used by the Illinois Department of State Police for | ||||||
| 25 | the maintenance and operation of vehicles for
that Department.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 94-839, eff. 6-6-06.)
| ||||||
| 2 | (30 ILCS 605/7c) | ||||||
| 3 | Sec. 7c. Acquisition of Illinois State Police vehicles. The | ||||||
| 4 | State Police Vehicle Fund is created as a special fund in the | ||||||
| 5 | State treasury. All moneys in the Fund, subject to | ||||||
| 6 | appropriation, shall be used by the Illinois Department of | ||||||
| 7 | State Police: | ||||||
| 8 | (1) for the acquisition of vehicles for that | ||||||
| 9 | Department; or | ||||||
| 10 | (2) for debt service on bonds issued to finance the | ||||||
| 11 | acquisition of vehicles for that Department.
| ||||||
| 12 | (Source: P.A. 100-987, eff. 7-1-19.)
| ||||||
| 13 | Section 350. The State Vehicle Identification Act is | ||||||
| 14 | amended by changing Section 4 as follows:
| ||||||
| 15 | (30 ILCS 610/4) (from Ch. 127, par. 133e4)
| ||||||
| 16 | Sec. 4.
This Act shall not apply to vehicles used by | ||||||
| 17 | elective State
officers, by executive heads of State agencies | ||||||
| 18 | and departments, by
presidents of colleges or universities | ||||||
| 19 | placed under control of officers of
this State, or by any | ||||||
| 20 | employee of a State agency or department in the
performance of | ||||||
| 21 | investigative services exclusively when the executive head
| ||||||
| 22 | thereof has requested an exception in writing, and such | ||||||
| 23 | exception has been
approved in writing by the Department, on | ||||||
| |||||||
| |||||||
| 1 | the basis that the identification
would hamper the individual | ||||||
| 2 | employee in the routine performance of his
investigative | ||||||
| 3 | duties. A record, open to public inspection, shall be kept by
| ||||||
| 4 | the Department of all such exceptions approved by it.
| ||||||
| 5 | This Act shall not apply to vehicles assigned to the use of | ||||||
| 6 | the Illinois Department of State Police and the Division of Law | ||||||
| 7 | Enforcement of the
Department of Natural Resources, and the | ||||||
| 8 | executive heads
thereof shall have within
their discretion | ||||||
| 9 | determination of the type of markings or identification, if
| ||||||
| 10 | any, to be affixed to vehicles assigned to said Department or | ||||||
| 11 | Division
nor shall this Act apply to vehicles assigned to the | ||||||
| 12 | use of
Secretary of State police officers.
| ||||||
| 13 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
| 14 | Section 355. The Intergovernmental Drug Laws Enforcement | ||||||
| 15 | Act is amended by changing Sections 2.01, 3, 4, 5, and 5.1 as | ||||||
| 16 | follows:
| ||||||
| 17 | (30 ILCS 715/2.01) (from Ch. 56 1/2, par. 1702.01)
| ||||||
| 18 | Sec. 2.01.
"Department" means the Department of State | ||||||
| 19 | Police and
"Director" means the Director of the Illinois State | ||||||
| 20 | Police.
| ||||||
| 21 | (Source: P.A. 84-25.)
| ||||||
| 22 | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
| ||||||
| 23 | Sec. 3.
A Metropolitan Enforcement Group which meets the | ||||||
| |||||||
| |||||||
| 1 | minimum
criteria established in this Section is eligible to | ||||||
| 2 | receive State grants
to help defray the costs of operation. To | ||||||
| 3 | be eligible a MEG must:
| ||||||
| 4 | (1) Be established and operating pursuant to | ||||||
| 5 | intergovernmental
contracts written and executed in | ||||||
| 6 | conformity with the Intergovernmental
Cooperation Act, and | ||||||
| 7 | involve 2 or more units of local government.
| ||||||
| 8 | (2) Establish a MEG Policy Board composed of an elected | ||||||
| 9 | official, or
his designee, and the chief law enforcement | ||||||
| 10 | officer, or his designee,
from each participating unit of | ||||||
| 11 | local government to oversee the
operations of the MEG and | ||||||
| 12 | make such reports to the Illinois Department of State
| ||||||
| 13 | Police as the Illinois State Police Department may require.
| ||||||
| 14 | (3) Designate a single appropriate elected official of | ||||||
| 15 | a
participating unit of local government to act as the | ||||||
| 16 | financial officer
of the MEG for all participating units of | ||||||
| 17 | local government and to
receive funds for the operation of | ||||||
| 18 | the MEG.
| ||||||
| 19 | (4) Limit its operations to enforcement of drug laws; | ||||||
| 20 | enforcement of
Sections 24-2.1,
24-2.2, 24-3, 24-3.1, | ||||||
| 21 | 24-3.3, 24-3.4, 24-4, and 24-5 and subsections
24-1(a)(4), | ||||||
| 22 | 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), and | ||||||
| 23 | 24-1(c) of the
Criminal Code of 2012; and the investigation | ||||||
| 24 | of streetgang related offenses.
| ||||||
| 25 | (5) Cooperate with the Illinois Department of State | ||||||
| 26 | Police in order to
assure compliance with this Act and to | ||||||
| |||||||
| |||||||
| 1 | enable the Illinois State Police Department to fulfill
its | ||||||
| 2 | duties under this Act, and supply the Illinois State Police | ||||||
| 3 | Department with all
information the Illinois State Police | ||||||
| 4 | Department deems necessary therefor.
| ||||||
| 5 | (6) Receive funding of at least 50% of the total | ||||||
| 6 | operating budget of
the MEG from the participating units of | ||||||
| 7 | local government.
| ||||||
| 8 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
| 9 | (30 ILCS 715/4) (from Ch. 56 1/2, par. 1704)
| ||||||
| 10 | Sec. 4.
The Illinois Department of State Police shall | ||||||
| 11 | monitor the
operations of all MEG units and determine their | ||||||
| 12 | eligibility to receive
State grants under this Act. From the | ||||||
| 13 | moneys appropriated annually by
the General Assembly for this | ||||||
| 14 | purpose, the Director shall determine and
certify to the | ||||||
| 15 | Comptroller the amount of the grant to be made to each
| ||||||
| 16 | designated MEG financial officer. The amount of the State grant | ||||||
| 17 | which a
MEG may receive hereunder may not exceed 50% of the | ||||||
| 18 | total operating
budget of that MEG.
| ||||||
| 19 | (Source: P.A. 84-25.)
| ||||||
| 20 | (30 ILCS 715/5) (from Ch. 56 1/2, par. 1705)
| ||||||
| 21 | Sec. 5.
The Illinois Department of State Police shall | ||||||
| 22 | coordinate the
operations of all MEG units and may establish | ||||||
| 23 | such reasonable rules and
regulations and conduct those | ||||||
| 24 | investigations the Director deems
necessary to carry out its | ||||||
| |||||||
| |||||||
| 1 | duties under this Act, including the
establishment of forms for | ||||||
| 2 | reporting by each MEG to the Illinois State Police Department.
| ||||||
| 3 | (Source: P.A. 84-25.)
| ||||||
| 4 | (30 ILCS 715/5.1) (from Ch. 56 1/2, par. 1705.1)
| ||||||
| 5 | Sec. 5.1.
The Director may assign the functions and duties | ||||||
| 6 | created
under this Act to be administered by the Illinois | ||||||
| 7 | Department of State Police,
Division of Investigation.
| ||||||
| 8 | (Source: P.A. 84-25.)
| ||||||
| 9 | Section 360. The State Mandates Act is amended by changing | ||||||
| 10 | Section 8.40 as follows:
| ||||||
| 11 | (30 ILCS 805/8.40) | ||||||
| 12 | Sec. 8.40. Exempt mandate. | ||||||
| 13 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
| 14 | reimbursement by the State is required for the implementation | ||||||
| 15 | of any mandate created by Public Act 99-683, 99-745, or 99-905.
| ||||||
| 16 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
| 17 | reimbursement by the State is required for the implementation | ||||||
| 18 | of any mandate created by Section 40 of the Illinois State | ||||||
| 19 | Police Act and Section 10.19 of the Illinois Police Training | ||||||
| 20 | Act. | ||||||
| 21 | (Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17; | ||||||
| 22 | 99-745, eff. 8-5-16; 99-905, eff. 11-29-16; 100-201, eff. | ||||||
| 23 | 8-18-17.)
| ||||||
| |||||||
| |||||||
| 1 | Section 365. The Illinois Income Tax Act is amended by | ||||||
| 2 | changing Section 1109 as follows:
| ||||||
| 3 | (35 ILCS 5/1109) (from Ch. 120, par. 11-1109)
| ||||||
| 4 | Sec. 1109. Demand and Seizure. In addition to any other | ||||||
| 5 | remedy
provided for by the laws of this State, if the tax | ||||||
| 6 | imposed by this Act
is not paid within the time required by | ||||||
| 7 | this Act, the Department, or
some person designated by it, may | ||||||
| 8 | cause a demand to be made on the
taxpayer for the payment | ||||||
| 9 | thereof. If such tax remains unpaid for 10
days after such | ||||||
| 10 | demand has been made and no proceedings have been taken
to | ||||||
| 11 | review the same, the Department may issue a warrant directed to | ||||||
| 12 | any
sheriff or other person authorized to serve process, | ||||||
| 13 | commanding the
sheriff or other person to levy upon the | ||||||
| 14 | property and rights to property
(whether real or personal, | ||||||
| 15 | tangible or intangible) of the taxpayer, without
exemption, | ||||||
| 16 | found within his jurisdiction, for the payment of the amount
| ||||||
| 17 | thereof with the added penalties, interest and the cost of | ||||||
| 18 | executing the
warrant. The term "levy" includes the power of | ||||||
| 19 | distraint and seizure by any
means. In any case in which the | ||||||
| 20 | warrant to levy has been issued, the
sheriff or other person to | ||||||
| 21 | whom the warrant was directed may seize and sell
such property | ||||||
| 22 | or rights to property. Such warrant
shall be returned to the | ||||||
| 23 | Department together with the money collected by
virtue thereof | ||||||
| 24 | within the time therein specified, which shall not be
less than | ||||||
| |||||||
| |||||||
| 1 | 20 nor more than 90 days from the date of the warrant. The
| ||||||
| 2 | sheriff or other person to whom such warrant is directed shall | ||||||
| 3 | proceed in the
same manner as prescribed by law in respect to | ||||||
| 4 | the enforcement against
property upon judgments by a court, and | ||||||
| 5 | shall be entitled to the same
fees for his services in | ||||||
| 6 | executing the warrant, to be collected in the
same manner. The | ||||||
| 7 | Department, or some officer, employee or agent
designated by | ||||||
| 8 | it, is hereby authorized to bid for and purchase any
property | ||||||
| 9 | sold under the provisions hereof. No proceedings for a levy
| ||||||
| 10 | under this Section shall be commenced more than 20 years after | ||||||
| 11 | the latest
date for filing
of the notice of lien under the | ||||||
| 12 | provisions of Section 1103, without regard
to whether such | ||||||
| 13 | notice was actually filed.
| ||||||
| 14 | Any officer or employee of the Department designated in | ||||||
| 15 | writing by the
Director is authorized to serve process under | ||||||
| 16 | this Section to levy upon
accounts or other intangible assets | ||||||
| 17 | of a taxpayer held by a financial
organization, as defined in | ||||||
| 18 | Section 1501 of this Act.
In addition to any other provisions | ||||||
| 19 | of this Section, any officer or
employee of the Department | ||||||
| 20 | designated in writing by the Director may levy
upon the | ||||||
| 21 | following property and rights to property belonging to a | ||||||
| 22 | taxpayer:
contractual payments, accounts and notes receivable | ||||||
| 23 | and other evidences of
debt, and interest on bonds, by serving | ||||||
| 24 | a notice of levy on the person
making such payment. Levy shall | ||||||
| 25 | not be made until the Department has
caused a demand to be made | ||||||
| 26 | on the taxpayer in the manner provided above.
In addition to | ||||||
| |||||||
| |||||||
| 1 | any
other provisions
of this Section, any officer or employee | ||||||
| 2 | of the Department designated in
writing by the Director, may | ||||||
| 3 | levy upon the salary, wages, commissions and
bonuses of any | ||||||
| 4 | employee, including
officers,
employees, or elected officials | ||||||
| 5 | of the United States as authorized by
Section
5520a of the | ||||||
| 6 | Government Organization and Employees Act (5 U.S.C. 5520a), but
| ||||||
| 7 | not upon the salary or wages of officers, employees, or elected | ||||||
| 8 | officials of
any state other than this State, by serving a | ||||||
| 9 | notice of levy on the employer, as defined in
Section 701(d). | ||||||
| 10 | Levy shall not be made until the Department has caused a
demand | ||||||
| 11 | to be made on the employee in the manner provided above. The
| ||||||
| 12 | provisions of Section 12-803 of the Code of Civil Procedure | ||||||
| 13 | relating to
maximum compensation subject to collection under | ||||||
| 14 | wage deduction orders shall
apply to all levies made upon | ||||||
| 15 | compensation
under this Section.
To the extent of the amount | ||||||
| 16 | due on the levy, the employer or other person
making payments | ||||||
| 17 | to the taxpayer shall hold any non-exempt wages or other
| ||||||
| 18 | payments due or which subsequently come due. The levy or | ||||||
| 19 | balance due
thereon is a lien on wages or other payments due at | ||||||
| 20 | the time of the service
of the notice of levy, and such lien | ||||||
| 21 | shall continue as to subsequent
earnings and other payments | ||||||
| 22 | until the total amount due upon the levy is
paid, except that | ||||||
| 23 | such lien on subsequent earnings or other payments shall
| ||||||
| 24 | terminate sooner if the employment relationship is terminated | ||||||
| 25 | or if the
notice of levy is rescinded or modified. The employer | ||||||
| 26 | or other person making
payments to the taxpayer shall file, on | ||||||
| |||||||
| |||||||
| 1 | or before the return dates stated
in the notice of levy (which | ||||||
| 2 | shall not be more often than bimonthly) a
written answer under | ||||||
| 3 | oath to interrogatories, setting forth the amount due
as wages | ||||||
| 4 | or other payments to the taxpayer for the payment periods | ||||||
| 5 | ending
immediately prior to the appropriate return date. A lien | ||||||
| 6 | obtained
hereunder shall have priority over any subsequent lien | ||||||
| 7 | obtained pursuant to
Section 12-808 of the Code of Civil | ||||||
| 8 | Procedure, except that liens for the
support of a spouse or | ||||||
| 9 | dependent children shall have priority over all
liens obtained | ||||||
| 10 | hereunder.
| ||||||
| 11 | In any case where property or rights to property have been | ||||||
| 12 | seized by an
officer of the Illinois Department of State | ||||||
| 13 | Police, or successor agency
thereto, under the authority of a | ||||||
| 14 | warrant to levy issued by the Department
of Revenue, the | ||||||
| 15 | Department of Revenue may take possession of and may sell
such | ||||||
| 16 | property or rights to property and the Department of Revenue | ||||||
| 17 | may
contract with third persons to conduct sales of such | ||||||
| 18 | property or rights to
the property. In the conduct of such | ||||||
| 19 | sales, the Department of Revenue
shall proceed in the same | ||||||
| 20 | manner as is prescribed by law for proceeding
against property | ||||||
| 21 | to enforce judgments which are entered by a circuit court
of | ||||||
| 22 | this State. If, in the Department of Revenue's opinion, no | ||||||
| 23 | offer to
purchase at such sale is acceptable and the State's | ||||||
| 24 | interest would be
better served by retaining the property for | ||||||
| 25 | sale at a later date, then the
Department may decline to accept | ||||||
| 26 | any bid and may retain the property for
sale at a later date.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 89-399, eff. 8-20-95.)
| ||||||
| 2 | Section 370. The Cigarette Use Tax Act is amended by | ||||||
| 3 | changing Section 3-10 as follows:
| ||||||
| 4 | (35 ILCS 135/3-10)
| ||||||
| 5 | Sec. 3-10. Cigarette enforcement.
| ||||||
| 6 | (a) Prohibitions. It is unlawful for any person:
| ||||||
| 7 | (1) to sell or distribute in this State; to acquire, | ||||||
| 8 | hold, own, possess,
or
transport, for sale or distribution | ||||||
| 9 | in this State; or to import, or cause to be
imported into | ||||||
| 10 | this State for sale or distribution in this State:
| ||||||
| 11 | (A) any cigarettes the package of which:
| ||||||
| 12 | (i) bears any statement, label, stamp, | ||||||
| 13 | sticker, or notice
indicating that the | ||||||
| 14 | manufacturer did not intend the cigarettes to be
| ||||||
| 15 | sold, distributed, or used in the United States, | ||||||
| 16 | including but not
limited to labels stating "For | ||||||
| 17 | Export Only", "U.S. Tax Exempt",
"For Use Outside | ||||||
| 18 | U.S.", or similar wording; or
| ||||||
| 19 | (ii) does not comply with:
| ||||||
| 20 | (aa) all requirements imposed by or | ||||||
| 21 | pursuant to
federal law regarding warnings and | ||||||
| 22 | other information on
packages of cigarettes | ||||||
| 23 | manufactured, packaged, or imported
for sale, | ||||||
| 24 | distribution, or use in the United States, | ||||||
| |||||||
| |||||||
| 1 | including
but not limited to the precise | ||||||
| 2 | warning labels specified in the
federal | ||||||
| 3 | Cigarette Labeling and Advertising Act, 15 | ||||||
| 4 | U.S.C.
1333; and
| ||||||
| 5 | (bb) all federal trademark and copyright | ||||||
| 6 | laws;
| ||||||
| 7 | (B) any cigarettes imported into the United States | ||||||
| 8 | in violation of
26 U.S.C. 5754 or any other federal | ||||||
| 9 | law, or implementing federal
regulations;
| ||||||
| 10 | (C) any cigarettes that such person otherwise | ||||||
| 11 | knows or has reason
to know the manufacturer did not | ||||||
| 12 | intend to be sold, distributed, or used in
the United | ||||||
| 13 | States; or
| ||||||
| 14 | (D) any cigarettes for which there has not been | ||||||
| 15 | submitted to the
Secretary of the U.S. Department of | ||||||
| 16 | Health and Human Services the list or
lists of the | ||||||
| 17 | ingredients added to tobacco in the manufacture of the
| ||||||
| 18 | cigarettes required by the federal Cigarette Labeling | ||||||
| 19 | and Advertising Act,
15 U.S.C. 1335a;
| ||||||
| 20 | (2) to alter the package of any cigarettes, prior to | ||||||
| 21 | sale or distribution
to
the
ultimate consumer, so as to | ||||||
| 22 | remove, conceal, or obscure:
| ||||||
| 23 | (A) any statement, label, stamp, sticker, or | ||||||
| 24 | notice described in
subdivision (a)(1)(A)(i) of this | ||||||
| 25 | Section;
| ||||||
| 26 | (B) any health warning that is not specified in, or | ||||||
| |||||||
| |||||||
| 1 | does not conform
with the requirements of, the federal | ||||||
| 2 | Cigarette Labeling and Advertising
Act, 15 U.S.C. | ||||||
| 3 | 1333; or
| ||||||
| 4 | (3) to affix any stamp required pursuant to this Act to | ||||||
| 5 | the package of any
cigarettes described in subdivision | ||||||
| 6 | (a)(1) of this Section or altered in
violation of
| ||||||
| 7 | subdivision (a)(2).
| ||||||
| 8 | (b) Documentation. On the first business day of each month, | ||||||
| 9 | each person
licensed
to affix the State tax stamp to cigarettes | ||||||
| 10 | shall file with the Department, for
all cigarettes
imported | ||||||
| 11 | into the United States to which the person has affixed the tax | ||||||
| 12 | stamp
in the
preceding month:
| ||||||
| 13 | (1) a copy of:
| ||||||
| 14 | (A) the permit issued pursuant to the Internal | ||||||
| 15 | Revenue Code, 26
U.S.C. 5713, to the person importing | ||||||
| 16 | the cigarettes into the United States
allowing the | ||||||
| 17 | person to import the cigarettes; and
| ||||||
| 18 | (B) the customs form containing, with respect to | ||||||
| 19 | the cigarettes, the
internal revenue tax information | ||||||
| 20 | required by the U.S. Bureau of Alcohol,
Tobacco and | ||||||
| 21 | Firearms;
| ||||||
| 22 | (2) a statement, signed by the person under penalty of | ||||||
| 23 | perjury, which shall
be treated as confidential by the | ||||||
| 24 | Department and exempt from disclosure under
the Freedom of | ||||||
| 25 | Information Act, identifying the brand and brand styles of | ||||||
| 26 | all such
cigarettes, the quantity of each brand style of | ||||||
| |||||||
| |||||||
| 1 | such cigarettes, the supplier of such
cigarettes, and the | ||||||
| 2 | person or persons, if any, to whom such cigarettes have | ||||||
| 3 | been
conveyed for resale; and a separate statement, signed | ||||||
| 4 | by the individual under
penalty of perjury, which shall not | ||||||
| 5 | be treated as confidential or exempt from
disclosure, | ||||||
| 6 | separately identifying the brands and brand styles of such
| ||||||
| 7 | cigarettes;
and
| ||||||
| 8 | (3) a statement, signed by an officer of the | ||||||
| 9 | manufacturer or importer
under penalty of perjury, | ||||||
| 10 | certifying that the manufacturer or importer has
complied | ||||||
| 11 | with:
| ||||||
| 12 | (A) the package health warning and ingredient | ||||||
| 13 | reporting
requirements of the federal Cigarette | ||||||
| 14 | Labeling and Advertising Act, 15
U.S.C. 1333 and 1335a, | ||||||
| 15 | with respect to such cigarettes; and
| ||||||
| 16 | (B) the provisions of Exhibit T of the Master | ||||||
| 17 | Settlement Agreement
entered in
the case of People of | ||||||
| 18 | the State of Illinois v. Philip Morris, et al. (Circuit
| ||||||
| 19 | Court of Cook County, No. 96-L13146), including a | ||||||
| 20 | statement
indicating whether the manufacturer is, or | ||||||
| 21 | is not, a participating tobacco
manufacturer within | ||||||
| 22 | the meaning of Exhibit T.
| ||||||
| 23 | (c) Administrative sanctions.
| ||||||
| 24 | (1) Upon finding that a distributor, secondary | ||||||
| 25 | distributor, retailer, or a person has committed any of the | ||||||
| 26 | acts
prohibited by
subsection
(a), knowing or having reason | ||||||
| |||||||
| |||||||
| 1 | to know that he or she has done so, or upon finding that a | ||||||
| 2 | distributor or person has failed
to comply
with any | ||||||
| 3 | requirement of subsection (b), the Department may revoke or | ||||||
| 4 | suspend
the
license or licenses of any
distributor, | ||||||
| 5 | retailer, or secondary distributor pursuant to the | ||||||
| 6 | procedures set forth in Section 6 and impose on the
| ||||||
| 7 | distributor, secondary distributor, retailer, or person, a | ||||||
| 8 | civil penalty in an amount not to exceed the greater of | ||||||
| 9 | 500% of
the
retail value of the cigarettes involved or | ||||||
| 10 | $5,000.
| ||||||
| 11 | (2) Cigarettes that are acquired, held, owned, | ||||||
| 12 | possessed, transported in,
imported into, or sold or | ||||||
| 13 | distributed in this State in violation of this
Section | ||||||
| 14 | shall be deemed contraband under this Act and are subject | ||||||
| 15 | to seizure
and forfeiture as provided in this Act, and all | ||||||
| 16 | such cigarettes seized and
forfeited shall be destroyed or | ||||||
| 17 | maintained and used in an undercover capacity. Such | ||||||
| 18 | cigarettes shall be deemed contraband
whether the | ||||||
| 19 | violation of this Section is knowing or otherwise.
| ||||||
| 20 | (d) Unfair trade practices. In addition to any other | ||||||
| 21 | penalties provided for in this Act, a violation of subsection | ||||||
| 22 | (a) or subsection
(b) of this Section shall constitute an | ||||||
| 23 | unlawful practice as provided in the
Consumer Fraud and | ||||||
| 24 | Deceptive Business Practices Act.
| ||||||
| 25 | (d-1) Retailers who are licensed under Section 4g of the | ||||||
| 26 | Cigarette Tax Act and secondary distributors shall not be | ||||||
| |||||||
| |||||||
| 1 | liable under subsections (c)(1) and (d) of this Section for | ||||||
| 2 | unknowingly possessing, selling, or distributing to consumers | ||||||
| 3 | or users cigarettes identified in subsection (a)(1) of this | ||||||
| 4 | Section if the cigarettes possessed, sold, or distributed by | ||||||
| 5 | the licensed retailer were obtained from a distributor or | ||||||
| 6 | secondary distributor licensed under this Act or the Cigarette | ||||||
| 7 | Tax Act. | ||||||
| 8 | (d-2) Criminal Penalties. A distributor, secondary | ||||||
| 9 | distributor, retailer, or person who violates subsection (a), | ||||||
| 10 | or a distributor, secondary distributor, or person who violates | ||||||
| 11 | subsection (b) of this Section shall be guilty of a Class 4 | ||||||
| 12 | felony. | ||||||
| 13 | (e) Unfair cigarette sales. For purposes of the Trademark | ||||||
| 14 | Registration and
Protection Act and the Counterfeit Trademark | ||||||
| 15 | Act, cigarettes imported or
reimported into the United States | ||||||
| 16 | for sale or distribution under any trade
name, trade dress, or | ||||||
| 17 | trademark that is the same as, or is confusingly similar
to, | ||||||
| 18 | any trade name, trade dress, or trademark used for cigarettes | ||||||
| 19 | manufactured
in the United States for sale or distribution in | ||||||
| 20 | the United States shall be
presumed to have been purchased | ||||||
| 21 | outside of the ordinary channels of trade.
| ||||||
| 22 | (f) General provisions.
| ||||||
| 23 | (1) This Section shall be enforced by the Department; | ||||||
| 24 | provided that, at
the request of the Director of Revenue or | ||||||
| 25 | the Director's duly authorized agent,
the Illinois State | ||||||
| 26 | Police police and all local police authorities shall | ||||||
| |||||||
| |||||||
| 1 | enforce the provisions
of this Section. The Attorney | ||||||
| 2 | General has concurrent power with the State's
Attorney of | ||||||
| 3 | any county to enforce this Section.
| ||||||
| 4 | (2) For the purpose of enforcing this Section, the | ||||||
| 5 | Director of Revenue and
any agency to which the Director | ||||||
| 6 | has delegated enforcement
responsibility pursuant to | ||||||
| 7 | subdivision (f)(1) may request information from any
State | ||||||
| 8 | or local agency and may share information with and request | ||||||
| 9 | information
from any federal agency and any agency of any | ||||||
| 10 | other state or any local agency
of any other state.
| ||||||
| 11 | (3) In addition to any other remedy provided by law, | ||||||
| 12 | including
enforcement as provided in subdivision (f)(1), | ||||||
| 13 | any person may bring an action
for appropriate injunctive | ||||||
| 14 | or other equitable relief for a violation of this
Section; | ||||||
| 15 | actual damages, if any, sustained by reason of the | ||||||
| 16 | violation; and, as
determined by the court, interest on the | ||||||
| 17 | damages from the date of the
complaint, taxable costs, and | ||||||
| 18 | reasonable attorney's fees. If the trier of fact
finds that | ||||||
| 19 | the violation is flagrant, it may increase recovery to an | ||||||
| 20 | amount not
in excess of 3 times the actual damages | ||||||
| 21 | sustained by reason of the violation.
| ||||||
| 22 | (g) Definitions. As used in this Section:
| ||||||
| 23 | "Importer" means that term as defined in 26 U.S.C. 5702(1).
| ||||||
| 24 | "Package" means that term as defined in 15 U.S.C. 1332(4).
| ||||||
| 25 | (h) Applicability.
| ||||||
| 26 | (1) This Section does not apply to:
| ||||||
| |||||||
| |||||||
| 1 | (A) cigarettes allowed to be imported or brought | ||||||
| 2 | into the United
States for personal use; and
| ||||||
| 3 | (B) cigarettes sold or intended to be sold as | ||||||
| 4 | duty-free merchandise
by a duty-free sales enterprise | ||||||
| 5 | in accordance with the provisions of 19
U.S.C. 1555(b) | ||||||
| 6 | and any implementing regulations; except that this | ||||||
| 7 | Section
shall apply to any such cigarettes that are | ||||||
| 8 | brought back into the customs
territory for resale | ||||||
| 9 | within the customs territory.
| ||||||
| 10 | (2) The penalties provided in this Section are in | ||||||
| 11 | addition to any other
penalties imposed under other | ||||||
| 12 | provision of law.
| ||||||
| 13 | (Source: P.A. 98-1055, eff. 1-1-16.)
| ||||||
| 14 | Section 380. The Illinois Pension Code is amended by | ||||||
| 15 | changing Sections 14-103.05, 14-110, 14-123.1, and 14-124 as | ||||||
| 16 | follows:
| ||||||
| 17 | (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| ||||||
| 18 | Sec. 14-103.05. Employee.
| ||||||
| 19 | (a) Any person employed by a Department who receives salary
| ||||||
| 20 | for personal services rendered to the Department on a warrant
| ||||||
| 21 | issued pursuant to a payroll voucher certified by a Department | ||||||
| 22 | and drawn
by the State Comptroller upon the State Treasurer, | ||||||
| 23 | including an elected
official described in subparagraph (d) of | ||||||
| 24 | Section 14-104, shall become
an employee for purpose of | ||||||
| |||||||
| |||||||
| 1 | membership in the Retirement System on the
first day of such | ||||||
| 2 | employment.
| ||||||
| 3 | A person entering service on or after January 1, 1972 and | ||||||
| 4 | prior to January
1, 1984 shall become a member as a condition | ||||||
| 5 | of employment and shall begin
making contributions as of the | ||||||
| 6 | first day of employment.
| ||||||
| 7 | A person entering service on or after January 1, 1984 | ||||||
| 8 | shall, upon completion
of 6 months of continuous service which | ||||||
| 9 | is not interrupted by a break of more
than 2 months, become a | ||||||
| 10 | member as a condition of employment. Contributions
shall begin | ||||||
| 11 | the first of the month after completion of the qualifying | ||||||
| 12 | period.
| ||||||
| 13 | A person employed by the Chicago Metropolitan Agency for | ||||||
| 14 | Planning on the effective date of this amendatory Act of the | ||||||
| 15 | 95th General Assembly who was a member of this System as an | ||||||
| 16 | employee of the Chicago Area Transportation Study and makes an | ||||||
| 17 | election under Section 14-104.13 to participate in this System | ||||||
| 18 | for his or her employment with the Chicago Metropolitan Agency | ||||||
| 19 | for Planning.
| ||||||
| 20 | The qualifying period of 6 months of service is not | ||||||
| 21 | applicable to: (1)
a person who has been granted credit for | ||||||
| 22 | service in a position covered by
the State Universities | ||||||
| 23 | Retirement System, the Teachers' Retirement System
of the State | ||||||
| 24 | of Illinois, the General Assembly Retirement System, or the
| ||||||
| 25 | Judges Retirement System of Illinois unless that service has | ||||||
| 26 | been forfeited
under the laws of those systems; (2) a person | ||||||
| |||||||
| |||||||
| 1 | entering service on or
after July 1, 1991 in a noncovered | ||||||
| 2 | position; (3) a person to whom Section
14-108.2a or 14-108.2b | ||||||
| 3 | applies; or (4) a person to whom subsection (a-5) of this | ||||||
| 4 | Section applies.
| ||||||
| 5 | (a-5) A person entering service on or after December 1, | ||||||
| 6 | 2010 shall become a member as a condition of employment and | ||||||
| 7 | shall begin making contributions as of the first day of | ||||||
| 8 | employment. A person serving in the qualifying period on | ||||||
| 9 | December 1, 2010 will become a member on December 1, 2010 and | ||||||
| 10 | shall begin making contributions as of December 1, 2010. | ||||||
| 11 | (b) The term "employee" does not include the following:
| ||||||
| 12 | (1) members of the State Legislature, and persons | ||||||
| 13 | electing to become
members of the General Assembly | ||||||
| 14 | Retirement System pursuant to Section 2-105;
| ||||||
| 15 | (2) incumbents of offices normally filled by vote of | ||||||
| 16 | the people;
| ||||||
| 17 | (3) except as otherwise provided in this Section, any | ||||||
| 18 | person
appointed by the Governor with the advice and | ||||||
| 19 | consent
of the Senate unless that person elects to | ||||||
| 20 | participate in this system;
| ||||||
| 21 | (3.1) any person serving as a commissioner of an ethics | ||||||
| 22 | commission created under the State Officials and Employees | ||||||
| 23 | Ethics Act unless that person elects to participate in this | ||||||
| 24 | system with respect to that service as a commissioner;
| ||||||
| 25 | (3.2) any person serving as a part-time employee in any | ||||||
| 26 | of the following positions: Legislative Inspector General, | ||||||
| |||||||
| |||||||
| 1 | Special Legislative Inspector General, employee of the | ||||||
| 2 | Office of the Legislative Inspector General, Executive | ||||||
| 3 | Director of the Legislative Ethics Commission, or staff of | ||||||
| 4 | the Legislative Ethics Commission, regardless of whether | ||||||
| 5 | he or she is in active service on or after July 8, 2004 | ||||||
| 6 | (the effective date of Public Act 93-685), unless that | ||||||
| 7 | person elects to participate in this System with respect to | ||||||
| 8 | that service; in this item (3.2), a "part-time employee" is | ||||||
| 9 | a person who is not required to work at least 35 hours per | ||||||
| 10 | week; | ||||||
| 11 | (3.3) any person who has made an election under Section | ||||||
| 12 | 1-123 and who is serving either as legal counsel in the | ||||||
| 13 | Office of the Governor or as Chief Deputy Attorney General;
| ||||||
| 14 | (4) except as provided in Section 14-108.2 or | ||||||
| 15 | 14-108.2c, any person
who is covered or eligible to be | ||||||
| 16 | covered by the Teachers' Retirement System of
the State of | ||||||
| 17 | Illinois, the State Universities Retirement System, or the | ||||||
| 18 | Judges
Retirement System of Illinois;
| ||||||
| 19 | (5) an employee of a municipality or any other | ||||||
| 20 | political subdivision
of the State;
| ||||||
| 21 | (6) any person who becomes an employee after June 30, | ||||||
| 22 | 1979 as a
public service employment program participant | ||||||
| 23 | under the Federal
Comprehensive Employment and Training | ||||||
| 24 | Act and whose wages or fringe
benefits are paid in whole or | ||||||
| 25 | in part by funds provided under such Act;
| ||||||
| 26 | (7) enrollees of the Illinois Young Adult Conservation | ||||||
| |||||||
| |||||||
| 1 | Corps program,
administered by the Department of Natural | ||||||
| 2 | Resources, authorized grantee
pursuant to Title VIII of the | ||||||
| 3 | "Comprehensive Employment and Training Act of
1973", 29 USC | ||||||
| 4 | 993, as now or hereafter amended;
| ||||||
| 5 | (8) enrollees and temporary staff of programs | ||||||
| 6 | administered by the
Department of Natural Resources under | ||||||
| 7 | the Youth
Conservation Corps Act of 1970;
| ||||||
| 8 | (9) any person who is a member of any professional | ||||||
| 9 | licensing or
disciplinary board created under an Act | ||||||
| 10 | administered by the Department of
Professional Regulation | ||||||
| 11 | or a successor agency or created or re-created
after the | ||||||
| 12 | effective date of this amendatory Act of 1997, and who | ||||||
| 13 | receives
per diem compensation rather than a salary, | ||||||
| 14 | notwithstanding that such per diem
compensation is paid by | ||||||
| 15 | warrant issued pursuant to a payroll voucher; such
persons | ||||||
| 16 | have never been included in the membership of this System, | ||||||
| 17 | and this
amendatory Act of 1987 (P.A. 84-1472) is not | ||||||
| 18 | intended to effect any change in
the status of such | ||||||
| 19 | persons;
| ||||||
| 20 | (10) any person who is a member of the Illinois Health | ||||||
| 21 | Care Cost
Containment Council, and receives per diem | ||||||
| 22 | compensation rather than a
salary, notwithstanding that | ||||||
| 23 | such per diem compensation is paid by warrant
issued | ||||||
| 24 | pursuant to a payroll voucher; such persons have never been | ||||||
| 25 | included
in the membership of this System, and this | ||||||
| 26 | amendatory Act of 1987 is not
intended to effect any change | ||||||
| |||||||
| |||||||
| 1 | in the status of such persons;
| ||||||
| 2 | (11) any person who is a member of the Oil and Gas | ||||||
| 3 | Board created by
Section 1.2 of the Illinois Oil and Gas | ||||||
| 4 | Act, and receives per diem
compensation rather than a | ||||||
| 5 | salary, notwithstanding that such per diem
compensation is | ||||||
| 6 | paid by warrant issued pursuant to a payroll voucher;
| ||||||
| 7 | (12) a person employed by the State Board of Higher | ||||||
| 8 | Education in a position with the Illinois Century Network | ||||||
| 9 | as of June 30, 2004, who remains continuously employed | ||||||
| 10 | after that date by the Department of Central Management | ||||||
| 11 | Services in a position with the Illinois Century Network | ||||||
| 12 | and participates in the Article 15 system with respect to | ||||||
| 13 | that employment;
| ||||||
| 14 | (13) any person who first becomes a member of the Civil | ||||||
| 15 | Service Commission on or after January 1, 2012; | ||||||
| 16 | (14) any person, other than the Director of Employment | ||||||
| 17 | Security, who first becomes a member of the Board of Review | ||||||
| 18 | of the Department of Employment Security on or after | ||||||
| 19 | January 1, 2012; | ||||||
| 20 | (15) any person who first becomes a member of the Civil | ||||||
| 21 | Service Commission on or after January 1, 2012; | ||||||
| 22 | (16) any person who first becomes a member of the | ||||||
| 23 | Illinois Liquor Control Commission on or after January 1, | ||||||
| 24 | 2012; | ||||||
| 25 | (17) any person who first becomes a member of the | ||||||
| 26 | Secretary of State Merit Commission on or after January 1, | ||||||
| |||||||
| |||||||
| 1 | 2012; | ||||||
| 2 | (18) any person who first becomes a member of the Human | ||||||
| 3 | Rights Commission on or after January 1, 2012 unless he or | ||||||
| 4 | she is eligible to participate in accordance with | ||||||
| 5 | subsection (d) of this Section; | ||||||
| 6 | (19) any person who first becomes a member of the State | ||||||
| 7 | Mining Board on or after January 1, 2012; | ||||||
| 8 | (20) any person who first becomes a member of the | ||||||
| 9 | Property Tax Appeal Board on or after January 1, 2012; | ||||||
| 10 | (21) any person who first becomes a member of the | ||||||
| 11 | Illinois Racing Board on or after January 1, 2012; | ||||||
| 12 | (22) any person who first becomes a member of the | ||||||
| 13 | Illinois Department of State Police Merit Board on or after | ||||||
| 14 | January 1, 2012; | ||||||
| 15 | (23) any person who first becomes a member of the | ||||||
| 16 | Illinois State Toll Highway Authority on or after January | ||||||
| 17 | 1, 2012; or | ||||||
| 18 | (24) any person who first becomes a member of the | ||||||
| 19 | Illinois State Board of Elections on or after January 1, | ||||||
| 20 | 2012. | ||||||
| 21 | (c) An individual who represents or is employed as an | ||||||
| 22 | officer or employee of a statewide labor organization that | ||||||
| 23 | represents members of this System may participate in the System | ||||||
| 24 | and shall be deemed an employee, provided that (1) the | ||||||
| 25 | individual has previously earned creditable service under this | ||||||
| 26 | Article, (2) the individual files with the System an | ||||||
| |||||||
| |||||||
| 1 | irrevocable election to become a participant within 6 months | ||||||
| 2 | after the effective date of this amendatory Act of the 94th | ||||||
| 3 | General Assembly, and (3) the individual does not receive | ||||||
| 4 | credit for that employment under any other provisions of this | ||||||
| 5 | Code. An employee under this subsection (c) is responsible for | ||||||
| 6 | paying to the System both (i) employee contributions based on | ||||||
| 7 | the actual compensation received for service with the labor | ||||||
| 8 | organization and (ii) employer contributions based on the | ||||||
| 9 | percentage of payroll certified by the board; all or any part | ||||||
| 10 | of these contributions may be paid on the employee's behalf or | ||||||
| 11 | picked up for tax purposes (if authorized under federal law) by | ||||||
| 12 | the labor organization. | ||||||
| 13 | A person who is an employee as defined in this subsection | ||||||
| 14 | (c) may establish service credit for similar employment prior | ||||||
| 15 | to becoming an employee under this subsection by paying to the | ||||||
| 16 | System for that employment the contributions specified in this | ||||||
| 17 | subsection, plus interest at the effective rate from the date | ||||||
| 18 | of service to the date of payment. However, credit shall not be | ||||||
| 19 | granted under this subsection (c) for any such prior employment | ||||||
| 20 | for which the applicant received credit under any other | ||||||
| 21 | provision of this Code or during which the applicant was on a | ||||||
| 22 | leave of absence.
| ||||||
| 23 | (d) A person appointed as a member of the Human Rights | ||||||
| 24 | Commission on or after June 1, 2019 may elect to participate in | ||||||
| 25 | the System and shall be deemed an employee. Service and | ||||||
| 26 | contributions shall begin on the first payroll period | ||||||
| |||||||
| |||||||
| 1 | immediately following the employee's election to participate | ||||||
| 2 | in the System. | ||||||
| 3 | A person who is an employee as described in this subsection | ||||||
| 4 | (d) may establish service credit for employment as a Human | ||||||
| 5 | Rights Commissioner that occurred on or after June 1, 2019 and | ||||||
| 6 | before establishing service under this subsection by paying to | ||||||
| 7 | the System for that employment the contributions specified in | ||||||
| 8 | paragraph (1) of subsection (a) of Section 14-133, plus regular | ||||||
| 9 | interest from the date of service to the date of payment. | ||||||
| 10 | (Source: P.A. 101-10, eff. 6-5-19.)
| ||||||
| 11 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
| 12 | Sec. 14-110. Alternative retirement annuity.
| ||||||
| 13 | (a) Any member who has withdrawn from service with not less | ||||||
| 14 | than 20
years of eligible creditable service and has attained | ||||||
| 15 | age 55, and any
member who has withdrawn from service with not | ||||||
| 16 | less than 25 years of
eligible creditable service and has | ||||||
| 17 | attained age 50, regardless of whether
the attainment of either | ||||||
| 18 | of the specified ages occurs while the member is
still in | ||||||
| 19 | service, shall be entitled to receive at the option of the | ||||||
| 20 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
| 21 | retirement annuity
computed as follows:
| ||||||
| 22 | (i) for periods of service as a noncovered employee:
if | ||||||
| 23 | retirement occurs on or after January 1, 2001, 3% of final
| ||||||
| 24 | average compensation for each year of creditable service; | ||||||
| 25 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
| |||||||
| |||||||
| 1 | final average compensation for each of the
first 10 years | ||||||
| 2 | of creditable service, 2 1/2% for each year above 10 years | ||||||
| 3 | to
and including 20 years of creditable service, and 2 3/4% | ||||||
| 4 | for each year of
creditable service above 20 years; and
| ||||||
| 5 | (ii) for periods of eligible creditable service as a | ||||||
| 6 | covered employee:
if retirement occurs on or after January | ||||||
| 7 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
| 8 | of creditable service; if retirement occurs before
January | ||||||
| 9 | 1, 2001, 1.67% of final average compensation for each of | ||||||
| 10 | the first
10 years of such service, 1.90% for each of the | ||||||
| 11 | next 10 years of such service,
2.10% for each year of such | ||||||
| 12 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
| 13 | each year in excess of 30.
| ||||||
| 14 | Such annuity shall be subject to a maximum of 75% of final | ||||||
| 15 | average
compensation if retirement occurs before January 1, | ||||||
| 16 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
| 17 | retirement occurs on or after January
1, 2001.
| ||||||
| 18 | These rates shall not be applicable to any service | ||||||
| 19 | performed
by a member as a covered employee which is not | ||||||
| 20 | eligible creditable service.
Service as a covered employee | ||||||
| 21 | which is not eligible creditable service
shall be subject to | ||||||
| 22 | the rates and provisions of Section 14-108.
| ||||||
| 23 | (b) For the purpose of this Section, "eligible creditable | ||||||
| 24 | service" means
creditable service resulting from service in one | ||||||
| 25 | or more of the following
positions:
| ||||||
| 26 | (1) State policeman;
| ||||||
| |||||||
| |||||||
| 1 | (2) fire fighter in the fire protection service of a | ||||||
| 2 | department;
| ||||||
| 3 | (3) air pilot;
| ||||||
| 4 | (4) special agent;
| ||||||
| 5 | (5) investigator for the Secretary of State;
| ||||||
| 6 | (6) conservation police officer;
| ||||||
| 7 | (7) investigator for the Department of Revenue or the | ||||||
| 8 | Illinois Gaming Board;
| ||||||
| 9 | (8) security employee of the Department of Human | ||||||
| 10 | Services;
| ||||||
| 11 | (9) Central Management Services security police | ||||||
| 12 | officer;
| ||||||
| 13 | (10) security employee of the Department of | ||||||
| 14 | Corrections or the Department of Juvenile Justice;
| ||||||
| 15 | (11) dangerous drugs investigator;
| ||||||
| 16 | (12) investigator for the Illinois Department of State | ||||||
| 17 | Police;
| ||||||
| 18 | (13) investigator for the Office of the Attorney | ||||||
| 19 | General;
| ||||||
| 20 | (14) controlled substance inspector;
| ||||||
| 21 | (15) investigator for the Office of the State's | ||||||
| 22 | Attorneys Appellate
Prosecutor;
| ||||||
| 23 | (16) Commerce Commission police officer;
| ||||||
| 24 | (17) arson investigator;
| ||||||
| 25 | (18) State highway maintenance worker;
| ||||||
| 26 | (19) security employee of the Department of Innovation | ||||||
| |||||||
| |||||||
| 1 | and Technology; or | ||||||
| 2 | (20) transferred employee. | ||||||
| 3 | A person employed in one of the positions specified in this | ||||||
| 4 | subsection is
entitled to eligible creditable service for | ||||||
| 5 | service credit earned under this
Article while undergoing the | ||||||
| 6 | basic police training course approved by the
Illinois Law | ||||||
| 7 | Enforcement Training
Standards Board, if
completion of that | ||||||
| 8 | training is required of persons serving in that position.
For | ||||||
| 9 | the purposes of this Code, service during the required basic | ||||||
| 10 | police
training course shall be deemed performance of the | ||||||
| 11 | duties of the specified
position, even though the person is not | ||||||
| 12 | a sworn peace officer at the time of
the training.
| ||||||
| 13 | A person under paragraph (20) is entitled to eligible | ||||||
| 14 | creditable service for service credit earned under this Article | ||||||
| 15 | on and after his or her transfer by Executive Order No. | ||||||
| 16 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
| 17 | 2016-1. | ||||||
| 18 | (c) For the purposes of this Section:
| ||||||
| 19 | (1) The term "State policeman" includes any title or | ||||||
| 20 | position
in the Illinois Department of State Police that is | ||||||
| 21 | held by an individual employed
under the Illinois State | ||||||
| 22 | Police Act.
| ||||||
| 23 | (2) The term "fire fighter in the fire protection | ||||||
| 24 | service of a
department" includes all officers in such fire | ||||||
| 25 | protection service
including fire chiefs and assistant | ||||||
| 26 | fire chiefs.
| ||||||
| |||||||
| |||||||
| 1 | (3) The term "air pilot" includes any employee whose | ||||||
| 2 | official job
description on file in the Department of | ||||||
| 3 | Central Management Services, or
in the department by which | ||||||
| 4 | he is employed if that department is not covered
by the | ||||||
| 5 | Personnel Code, states that his principal duty is the | ||||||
| 6 | operation of
aircraft, and who possesses a pilot's license; | ||||||
| 7 | however, the change in this
definition made by this | ||||||
| 8 | amendatory Act of 1983 shall not operate to exclude
any | ||||||
| 9 | noncovered employee who was an "air pilot" for the purposes | ||||||
| 10 | of this
Section on January 1, 1984.
| ||||||
| 11 | (4) The term "special agent" means any person who by | ||||||
| 12 | reason of
employment by the Division of Narcotic Control, | ||||||
| 13 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
| 14 | Division of Criminal Investigation, the
Division of | ||||||
| 15 | Internal Investigation, the Division of Operations, the | ||||||
| 16 | Division of Patrol Operations, or any
other Division or | ||||||
| 17 | organizational
entity in the Illinois Department of State | ||||||
| 18 | Police is vested by law with duties to
maintain public | ||||||
| 19 | order, investigate violations of the criminal law of this
| ||||||
| 20 | State, enforce the laws of this State, make arrests and | ||||||
| 21 | recover property.
The term "special agent" includes any | ||||||
| 22 | title or position in the Illinois Department
of State | ||||||
| 23 | Police that is held by an individual employed under the | ||||||
| 24 | Illinois State
Police Act.
| ||||||
| 25 | (5) The term "investigator for the Secretary of State" | ||||||
| 26 | means any person
employed by the Office of the Secretary of | ||||||
| |||||||
| |||||||
| 1 | State and vested with such
investigative duties as render | ||||||
| 2 | him ineligible for coverage under the Social
Security Act | ||||||
| 3 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
| 4 | 218(l)(1)
of that Act.
| ||||||
| 5 | A person who became employed as an investigator for the | ||||||
| 6 | Secretary of
State between January 1, 1967 and December 31, | ||||||
| 7 | 1975, and who has served as
such until attainment of age | ||||||
| 8 | 60, either continuously or with a single break
in service | ||||||
| 9 | of not more than 3 years duration, which break terminated | ||||||
| 10 | before
January 1, 1976, shall be entitled to have his | ||||||
| 11 | retirement annuity
calculated in accordance with | ||||||
| 12 | subsection (a), notwithstanding
that he has less than 20 | ||||||
| 13 | years of credit for such service.
| ||||||
| 14 | (6) The term "Conservation Police Officer" means any | ||||||
| 15 | person employed
by the Division of Law Enforcement of the | ||||||
| 16 | Department of Natural Resources and
vested with such law | ||||||
| 17 | enforcement duties as render him ineligible for coverage
| ||||||
| 18 | under the Social Security Act by reason of Sections | ||||||
| 19 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
| 20 | term "Conservation Police Officer" includes
the positions | ||||||
| 21 | of Chief Conservation Police Administrator and Assistant
| ||||||
| 22 | Conservation Police Administrator.
| ||||||
| 23 | (7) The term "investigator for the Department of | ||||||
| 24 | Revenue" means any
person employed by the Department of | ||||||
| 25 | Revenue and vested with such
investigative duties as render | ||||||
| 26 | him ineligible for coverage under the Social
Security Act | ||||||
| |||||||
| |||||||
| 1 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
| 2 | 218(l)(1)
of that Act.
| ||||||
| 3 | The term "investigator for the Illinois Gaming Board" | ||||||
| 4 | means any
person employed as such by the Illinois Gaming | ||||||
| 5 | Board and vested with such
peace officer duties as render | ||||||
| 6 | the person ineligible for coverage under the Social
| ||||||
| 7 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
| 8 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
| 9 | (8) The term "security employee of the Department of | ||||||
| 10 | Human Services"
means any person employed by the Department | ||||||
| 11 | of Human Services who (i) is
employed at the Chester Mental | ||||||
| 12 | Health Center and has daily contact with the
residents | ||||||
| 13 | thereof, (ii) is employed within a security unit at a | ||||||
| 14 | facility
operated by the Department and has daily contact | ||||||
| 15 | with the residents of the
security unit, (iii) is employed | ||||||
| 16 | at a facility operated by the Department
that includes a | ||||||
| 17 | security unit and is regularly scheduled to work at least
| ||||||
| 18 | 50% of his or her working hours within that security unit, | ||||||
| 19 | or (iv) is a mental health police officer.
"Mental health | ||||||
| 20 | police officer" means any person employed by the Department | ||||||
| 21 | of
Human Services in a position pertaining to the | ||||||
| 22 | Department's mental health and
developmental disabilities | ||||||
| 23 | functions who is vested with such law enforcement
duties as | ||||||
| 24 | render the person ineligible for coverage under the Social | ||||||
| 25 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
| 26 | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||||||
| |||||||
| |||||||
| 1 | means that portion of a facility that is devoted to
the | ||||||
| 2 | care, containment, and treatment of persons committed to | ||||||
| 3 | the Department of
Human Services as sexually violent | ||||||
| 4 | persons, persons unfit to stand trial, or
persons not | ||||||
| 5 | guilty by reason of insanity. With respect to past | ||||||
| 6 | employment,
references to the Department of Human Services | ||||||
| 7 | include its predecessor, the
Department of Mental Health | ||||||
| 8 | and Developmental Disabilities.
| ||||||
| 9 | The changes made to this subdivision (c)(8) by Public | ||||||
| 10 | Act 92-14 apply to persons who retire on or after January | ||||||
| 11 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
| 12 | (9) "Central Management Services security police | ||||||
| 13 | officer" means any
person employed by the Department of | ||||||
| 14 | Central Management Services who is
vested with such law | ||||||
| 15 | enforcement duties as render him ineligible for
coverage | ||||||
| 16 | under the Social Security Act by reason of Sections | ||||||
| 17 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
| 18 | (10) For a member who first became an employee under | ||||||
| 19 | this Article before July 1, 2005, the term "security | ||||||
| 20 | employee of the Department of Corrections or the Department | ||||||
| 21 | of Juvenile Justice"
means any employee of the Department | ||||||
| 22 | of Corrections or the Department of Juvenile Justice or the | ||||||
| 23 | former
Department of Personnel, and any member or employee | ||||||
| 24 | of the Prisoner
Review Board, who has daily contact with | ||||||
| 25 | inmates or youth by working within a
correctional facility | ||||||
| 26 | or Juvenile facility operated by the Department of Juvenile | ||||||
| |||||||
| |||||||
| 1 | Justice or who is a parole officer or an employee who has
| ||||||
| 2 | direct contact with committed persons in the performance of | ||||||
| 3 | his or her
job duties. For a member who first becomes an | ||||||
| 4 | employee under this Article on or after July 1, 2005, the | ||||||
| 5 | term means an employee of the Department of Corrections or | ||||||
| 6 | the Department of Juvenile Justice who is any of the | ||||||
| 7 | following: (i) officially headquartered at a correctional | ||||||
| 8 | facility or Juvenile facility operated by the Department of | ||||||
| 9 | Juvenile Justice, (ii) a parole officer, (iii) a member of | ||||||
| 10 | the apprehension unit, (iv) a member of the intelligence | ||||||
| 11 | unit, (v) a member of the sort team, or (vi) an | ||||||
| 12 | investigator.
| ||||||
| 13 | (11) The term "dangerous drugs investigator" means any | ||||||
| 14 | person who is
employed as such by the Department of Human | ||||||
| 15 | Services.
| ||||||
| 16 | (12) The term "investigator for the Illinois | ||||||
| 17 | Department of State Police" means
a person employed by the | ||||||
| 18 | Illinois Department of State Police who is vested under
| ||||||
| 19 | Section 4 of the Narcotic Control Division Abolition Act | ||||||
| 20 | with such
law enforcement powers as render him ineligible | ||||||
| 21 | for coverage under the
Social Security Act by reason of | ||||||
| 22 | Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that | ||||||
| 23 | Act.
| ||||||
| 24 | (13) "Investigator for the Office of the Attorney | ||||||
| 25 | General" means any
person who is employed as such by the | ||||||
| 26 | Office of the Attorney General and
is vested with such | ||||||
| |||||||
| |||||||
| 1 | investigative duties as render him ineligible for
coverage | ||||||
| 2 | under the Social Security Act by reason of Sections | ||||||
| 3 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
| 4 | the period before January 1,
1989, the term includes all | ||||||
| 5 | persons who were employed as investigators by the
Office of | ||||||
| 6 | the Attorney General, without regard to social security | ||||||
| 7 | status.
| ||||||
| 8 | (14) "Controlled substance inspector" means any person | ||||||
| 9 | who is employed
as such by the Department of Professional | ||||||
| 10 | Regulation and is vested with such
law enforcement duties | ||||||
| 11 | as render him ineligible for coverage under the Social
| ||||||
| 12 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
| 13 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
| 14 | "controlled substance inspector" includes the Program
| ||||||
| 15 | Executive of Enforcement and the Assistant Program | ||||||
| 16 | Executive of Enforcement.
| ||||||
| 17 | (15) The term "investigator for the Office of the | ||||||
| 18 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
| 19 | employed in that capacity on a full
time basis under the | ||||||
| 20 | authority of Section 7.06 of the State's Attorneys
| ||||||
| 21 | Appellate Prosecutor's Act.
| ||||||
| 22 | (16) "Commerce Commission police officer" means any | ||||||
| 23 | person employed
by the Illinois Commerce Commission who is | ||||||
| 24 | vested with such law
enforcement duties as render him | ||||||
| 25 | ineligible for coverage under the Social
Security Act by | ||||||
| 26 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
| |||||||
| |||||||
| 1 | 218(l)(1) of that Act.
| ||||||
| 2 | (17) "Arson investigator" means any person who is | ||||||
| 3 | employed as such by
the Office of the State Fire Marshal | ||||||
| 4 | and is vested with such law enforcement
duties as render | ||||||
| 5 | the person ineligible for coverage under the Social | ||||||
| 6 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
| 7 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
| 8 | employed as an arson
investigator on January 1, 1995 and is | ||||||
| 9 | no longer in service but not yet
receiving a retirement | ||||||
| 10 | annuity may convert his or her creditable service for
| ||||||
| 11 | employment as an arson investigator into eligible | ||||||
| 12 | creditable service by paying
to the System the difference | ||||||
| 13 | between the employee contributions actually paid
for that | ||||||
| 14 | service and the amounts that would have been contributed if | ||||||
| 15 | the
applicant were contributing at the rate applicable to | ||||||
| 16 | persons with the same
social security status earning | ||||||
| 17 | eligible creditable service on the date of
application.
| ||||||
| 18 | (18) The term "State highway maintenance worker" means | ||||||
| 19 | a person who is
either of the following:
| ||||||
| 20 | (i) A person employed on a full-time basis by the | ||||||
| 21 | Illinois
Department of Transportation in the position | ||||||
| 22 | of
highway maintainer,
highway maintenance lead | ||||||
| 23 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
| 24 | construction equipment operator,
power shovel | ||||||
| 25 | operator, or
bridge mechanic; and
whose principal | ||||||
| 26 | responsibility is to perform, on the roadway, the | ||||||
| |||||||
| |||||||
| 1 | actual
maintenance necessary to keep the highways that | ||||||
| 2 | form a part of the State
highway system in serviceable | ||||||
| 3 | condition for vehicular traffic.
| ||||||
| 4 | (ii) A person employed on a full-time basis by the | ||||||
| 5 | Illinois
State Toll Highway Authority in the position | ||||||
| 6 | of
equipment operator/laborer H-4,
equipment | ||||||
| 7 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
| 8 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
| 9 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
| 10 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
| 11 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
| 12 | painter H-4, or
painter H-6; and
whose principal | ||||||
| 13 | responsibility is to perform, on the roadway, the | ||||||
| 14 | actual
maintenance necessary to keep the Authority's | ||||||
| 15 | tollways in serviceable condition
for vehicular | ||||||
| 16 | traffic.
| ||||||
| 17 | (19) The term "security employee of the Department of | ||||||
| 18 | Innovation and Technology" means a person who was a | ||||||
| 19 | security employee of the Department of Corrections or the | ||||||
| 20 | Department of Juvenile Justice, was transferred to the | ||||||
| 21 | Department of Innovation and Technology pursuant to | ||||||
| 22 | Executive Order 2016-01, and continues to perform similar | ||||||
| 23 | job functions under that Department. | ||||||
| 24 | (20) "Transferred employee" means an employee who was | ||||||
| 25 | transferred to the Department of Central Management | ||||||
| 26 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
| |||||||
| |||||||
| 1 | No. 2004-2 or transferred to the Department of Innovation | ||||||
| 2 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
| 3 | was entitled to eligible creditable service for services | ||||||
| 4 | immediately preceding the transfer. | ||||||
| 5 | (d) A security employee of the Department of Corrections or | ||||||
| 6 | the Department of Juvenile Justice, a security
employee of the | ||||||
| 7 | Department of Human Services who is not a mental health police
| ||||||
| 8 | officer, and a security employee of the Department of | ||||||
| 9 | Innovation and Technology shall not be eligible for the | ||||||
| 10 | alternative retirement annuity provided
by this Section unless | ||||||
| 11 | he or she meets the following minimum age and service
| ||||||
| 12 | requirements at the time of retirement:
| ||||||
| 13 | (i) 25 years of eligible creditable service and age 55; | ||||||
| 14 | or
| ||||||
| 15 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
| 16 | creditable service
and age 54, or 24 years of eligible | ||||||
| 17 | creditable service and age 55; or
| ||||||
| 18 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
| 19 | creditable service
and age 53, or 23 years of eligible | ||||||
| 20 | creditable service and age 55; or
| ||||||
| 21 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
| 22 | creditable service
and age 52, or 22 years of eligible | ||||||
| 23 | creditable service and age 55; or
| ||||||
| 24 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
| 25 | creditable service
and age 51, or 21 years of eligible | ||||||
| 26 | creditable service and age 55; or
| ||||||
| |||||||
| |||||||
| 1 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
| 2 | creditable service
and age 50, or 20 years of eligible | ||||||
| 3 | creditable service and age 55.
| ||||||
| 4 | Persons who have service credit under Article 16 of this | ||||||
| 5 | Code for service
as a security employee of the Department of | ||||||
| 6 | Corrections or the Department of Juvenile Justice, or the | ||||||
| 7 | Department
of Human Services in a position requiring | ||||||
| 8 | certification as a teacher may
count such service toward | ||||||
| 9 | establishing their eligibility under the service
requirements | ||||||
| 10 | of this Section; but such service may be used only for
| ||||||
| 11 | establishing such eligibility, and not for the purpose of | ||||||
| 12 | increasing or
calculating any benefit.
| ||||||
| 13 | (e) If a member enters military service while working in a | ||||||
| 14 | position in
which eligible creditable service may be earned, | ||||||
| 15 | and returns to State
service in the same or another such | ||||||
| 16 | position, and fulfills in all other
respects the conditions | ||||||
| 17 | prescribed in this Article for credit for military
service, | ||||||
| 18 | such military service shall be credited as eligible creditable
| ||||||
| 19 | service for the purposes of the retirement annuity prescribed | ||||||
| 20 | in this Section.
| ||||||
| 21 | (f) For purposes of calculating retirement annuities under | ||||||
| 22 | this
Section, periods of service rendered after December 31, | ||||||
| 23 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
| 24 | position of special agent,
conservation police officer, mental | ||||||
| 25 | health police officer, or investigator
for the Secretary of | ||||||
| 26 | State, shall be deemed to have been service as a
noncovered | ||||||
| |||||||
| |||||||
| 1 | employee, provided that the employee pays to the System prior | ||||||
| 2 | to
retirement an amount equal to (1) the difference between the | ||||||
| 3 | employee
contributions that would have been required for such | ||||||
| 4 | service as a
noncovered employee, and the amount of employee | ||||||
| 5 | contributions actually
paid, plus (2) if payment is made after | ||||||
| 6 | July 31, 1987, regular interest
on the amount specified in item | ||||||
| 7 | (1) from the date of service to the date
of payment.
| ||||||
| 8 | For purposes of calculating retirement annuities under | ||||||
| 9 | this Section,
periods of service rendered after December 31, | ||||||
| 10 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
| 11 | position of investigator for the
Department of Revenue shall be | ||||||
| 12 | deemed to have been service as a noncovered
employee, provided | ||||||
| 13 | that the employee pays to the System prior to retirement
an | ||||||
| 14 | amount equal to (1) the difference between the employee | ||||||
| 15 | contributions
that would have been required for such service as | ||||||
| 16 | a noncovered employee,
and the amount of employee contributions | ||||||
| 17 | actually paid, plus (2) if payment
is made after January 1, | ||||||
| 18 | 1990, regular interest on the amount specified in
item (1) from | ||||||
| 19 | the date of service to the date of payment.
| ||||||
| 20 | (g) A State policeman may elect, not later than January 1, | ||||||
| 21 | 1990, to
establish eligible creditable service for up to 10 | ||||||
| 22 | years of his service as
a policeman under Article 3, by filing | ||||||
| 23 | a written election with the Board,
accompanied by payment of an | ||||||
| 24 | amount to be determined by the Board, equal to
(i) the | ||||||
| 25 | difference between the amount of employee and employer
| ||||||
| 26 | contributions transferred to the System under Section 3-110.5, | ||||||
| |||||||
| |||||||
| 1 | and the
amounts that would have been contributed had such | ||||||
| 2 | contributions been made
at the rates applicable to State | ||||||
| 3 | policemen, plus (ii) interest thereon at
the effective rate for | ||||||
| 4 | each year, compounded annually, from the date of
service to the | ||||||
| 5 | date of payment.
| ||||||
| 6 | Subject to the limitation in subsection (i), a State | ||||||
| 7 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
| 8 | eligible creditable service for
up to 10 years of his service | ||||||
| 9 | as a member of the County Police Department
under Article 9, by | ||||||
| 10 | filing a written election with the Board, accompanied
by | ||||||
| 11 | payment of an amount to be determined by the Board, equal to | ||||||
| 12 | (i) the
difference between the amount of employee and employer | ||||||
| 13 | contributions
transferred to the System under Section 9-121.10 | ||||||
| 14 | and the amounts that would
have been contributed had those | ||||||
| 15 | contributions been made at the rates
applicable to State | ||||||
| 16 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
| 17 | each year, compounded annually, from the date of service to the
| ||||||
| 18 | date of payment.
| ||||||
| 19 | (h) Subject to the limitation in subsection (i), a State | ||||||
| 20 | policeman or
investigator for the Secretary of State may elect | ||||||
| 21 | to establish eligible
creditable service for up to 12 years of | ||||||
| 22 | his service as a policeman under
Article 5, by filing a written | ||||||
| 23 | election with the Board on or before January
31, 1992, and | ||||||
| 24 | paying to the System by January 31, 1994 an amount to be
| ||||||
| 25 | determined by the Board, equal to (i) the difference between | ||||||
| 26 | the amount of
employee and employer contributions transferred | ||||||
| |||||||
| |||||||
| 1 | to the System under Section
5-236, and the amounts that would | ||||||
| 2 | have been contributed had such
contributions been made at the | ||||||
| 3 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
| 4 | at the effective rate for each year, compounded
annually, from | ||||||
| 5 | the date of service to the date of payment.
| ||||||
| 6 | Subject to the limitation in subsection (i), a State | ||||||
| 7 | policeman,
conservation police officer, or investigator for | ||||||
| 8 | the Secretary of State may
elect to establish eligible | ||||||
| 9 | creditable service for up to 10 years of
service as a sheriff's | ||||||
| 10 | law enforcement employee under Article 7, by filing
a written | ||||||
| 11 | election with the Board on or before January 31, 1993, and | ||||||
| 12 | paying
to the System by January 31, 1994 an amount to be | ||||||
| 13 | determined by the Board,
equal to (i) the difference between | ||||||
| 14 | the amount of employee and
employer contributions transferred | ||||||
| 15 | to the System under Section
7-139.7, and the amounts that would | ||||||
| 16 | have been contributed had such
contributions been made at the | ||||||
| 17 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
| 18 | at the effective rate for each year, compounded
annually, from | ||||||
| 19 | the date of service to the date of payment.
| ||||||
| 20 | Subject to the limitation in subsection (i), a State | ||||||
| 21 | policeman,
conservation police officer, or investigator for | ||||||
| 22 | the Secretary of State may
elect to establish eligible | ||||||
| 23 | creditable service for up to 5 years of
service as a police | ||||||
| 24 | officer under Article 3, a policeman under Article 5, a | ||||||
| 25 | sheriff's law enforcement employee under Article 7, a member of | ||||||
| 26 | the county police department under Article 9, or a police | ||||||
| |||||||
| |||||||
| 1 | officer under Article 15 by filing
a written election with the | ||||||
| 2 | Board and paying
to the System an amount to be determined by | ||||||
| 3 | the Board,
equal to (i) the difference between the amount of | ||||||
| 4 | employee and
employer contributions transferred to the System | ||||||
| 5 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
| 6 | and the amounts that would have been contributed had such
| ||||||
| 7 | contributions been made at the rates applicable to State | ||||||
| 8 | policemen, plus
(ii) interest thereon at the effective rate for | ||||||
| 9 | each year, compounded
annually, from the date of service to the | ||||||
| 10 | date of payment. | ||||||
| 11 | Subject to the limitation in subsection (i), an | ||||||
| 12 | investigator for the Office of the Attorney General, or an | ||||||
| 13 | investigator for the Department of Revenue, may elect to | ||||||
| 14 | establish eligible creditable service for up to 5 years of | ||||||
| 15 | service as a police officer under Article 3, a policeman under | ||||||
| 16 | Article 5, a sheriff's law enforcement employee under Article | ||||||
| 17 | 7, or a member of the county police department under Article 9 | ||||||
| 18 | by filing a written election with the Board within 6 months | ||||||
| 19 | after August 25, 2009 (the effective date of Public Act 96-745) | ||||||
| 20 | and paying to the System an amount to be determined by the | ||||||
| 21 | Board, equal to (i) the difference between the amount of | ||||||
| 22 | employee and employer contributions transferred to the System | ||||||
| 23 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
| 24 | amounts that would have been contributed had such contributions | ||||||
| 25 | been made at the rates applicable to State policemen, plus (ii) | ||||||
| 26 | interest thereon at the actuarially assumed rate for each year, | ||||||
| |||||||
| |||||||
| 1 | compounded annually, from the date of service to the date of | ||||||
| 2 | payment. | ||||||
| 3 | Subject to the limitation in subsection (i), a State | ||||||
| 4 | policeman, conservation police officer, investigator for the | ||||||
| 5 | Office of the Attorney General, an investigator for the | ||||||
| 6 | Department of Revenue, or investigator for the Secretary of | ||||||
| 7 | State may elect to establish eligible creditable service for up | ||||||
| 8 | to 5 years of service as a person employed by a participating | ||||||
| 9 | municipality to perform police duties, or law enforcement | ||||||
| 10 | officer employed on a full-time basis by a forest preserve | ||||||
| 11 | district under Article 7, a county corrections officer, or a | ||||||
| 12 | court services officer under Article 9, by filing a written | ||||||
| 13 | election with the Board within 6 months after August 25, 2009 | ||||||
| 14 | (the effective date of Public Act 96-745) and paying to the | ||||||
| 15 | System an amount to be determined by the Board, equal to (i) | ||||||
| 16 | the difference between the amount of employee and employer | ||||||
| 17 | contributions transferred to the System under Sections 7-139.8 | ||||||
| 18 | and 9-121.10 and the amounts that would have been contributed | ||||||
| 19 | had such contributions been made at the rates applicable to | ||||||
| 20 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
| 21 | assumed rate for each year, compounded annually, from the date | ||||||
| 22 | of service to the date of payment. | ||||||
| 23 | (i) The total amount of eligible creditable service | ||||||
| 24 | established by any
person under subsections (g), (h), (j), (k), | ||||||
| 25 | (l), (l-5), and (o) of this
Section shall not exceed 12 years.
| ||||||
| 26 | (j) Subject to the limitation in subsection (i), an | ||||||
| |||||||
| |||||||
| 1 | investigator for
the Office of the State's Attorneys Appellate | ||||||
| 2 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
| 3 | establish eligible creditable service for up to 10 years of his | ||||||
| 4 | service as
a policeman under Article 3 or a sheriff's law | ||||||
| 5 | enforcement employee under
Article 7, by filing a written | ||||||
| 6 | election with the Board, accompanied by
payment of an amount to | ||||||
| 7 | be determined by the Board, equal to (1) the
difference between | ||||||
| 8 | the amount of employee and employer contributions
transferred | ||||||
| 9 | to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||||||
| 10 | that would have been contributed had such contributions been | ||||||
| 11 | made at the
rates applicable to State policemen, plus (2) | ||||||
| 12 | interest thereon at the
effective rate for each year, | ||||||
| 13 | compounded annually, from the date of service
to the date of | ||||||
| 14 | payment.
| ||||||
| 15 | (k) Subject to the limitation in subsection (i) of this | ||||||
| 16 | Section, an
alternative formula employee may elect to establish | ||||||
| 17 | eligible creditable
service for periods spent as a full-time | ||||||
| 18 | law enforcement officer or full-time
corrections officer | ||||||
| 19 | employed by the federal government or by a state or local
| ||||||
| 20 | government located outside of Illinois, for which credit is not | ||||||
| 21 | held in any
other public employee pension fund or retirement | ||||||
| 22 | system. To obtain this
credit, the applicant must file a | ||||||
| 23 | written application with the Board by March
31, 1998, | ||||||
| 24 | accompanied by evidence of eligibility acceptable to the Board | ||||||
| 25 | and
payment of an amount to be determined by the Board, equal | ||||||
| 26 | to (1) employee
contributions for the credit being established, | ||||||
| |||||||
| |||||||
| 1 | based upon the applicant's
salary on the first day as an | ||||||
| 2 | alternative formula employee after the employment
for which | ||||||
| 3 | credit is being established and the rates then applicable to
| ||||||
| 4 | alternative formula employees, plus (2) an amount determined by | ||||||
| 5 | the Board
to be the employer's normal cost of the benefits | ||||||
| 6 | accrued for the credit being
established, plus (3) regular | ||||||
| 7 | interest on the amounts in items (1) and (2) from
the first day | ||||||
| 8 | as an alternative formula employee after the employment for | ||||||
| 9 | which
credit is being established to the date of payment.
| ||||||
| 10 | (l) Subject to the limitation in subsection (i), a security | ||||||
| 11 | employee of
the Department of Corrections may elect, not later | ||||||
| 12 | than July 1, 1998, to
establish eligible creditable service for | ||||||
| 13 | up to 10 years of his or her service
as a policeman under | ||||||
| 14 | Article 3, by filing a written election with the Board,
| ||||||
| 15 | accompanied by payment of an amount to be determined by the | ||||||
| 16 | Board, equal to
(i) the difference between the amount of | ||||||
| 17 | employee and employer contributions
transferred to the System | ||||||
| 18 | under Section 3-110.5, and the amounts that would
have been | ||||||
| 19 | contributed had such contributions been made at the rates | ||||||
| 20 | applicable
to security employees of the Department of | ||||||
| 21 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
| 22 | for each year, compounded annually, from the date
of service to | ||||||
| 23 | the date of payment.
| ||||||
| 24 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
| 25 | Section, a State policeman may elect to establish eligible | ||||||
| 26 | creditable service for up to 5 years of service as a full-time | ||||||
| |||||||
| |||||||
| 1 | law enforcement officer employed by the federal government or | ||||||
| 2 | by a state or local government located outside of Illinois for | ||||||
| 3 | which credit is not held in any other public employee pension | ||||||
| 4 | fund or retirement system. To obtain this credit, the applicant | ||||||
| 5 | must file a written application with the Board no later than 3 | ||||||
| 6 | years after the effective date of this amendatory Act of the | ||||||
| 7 | 101st General Assembly, accompanied by evidence of eligibility | ||||||
| 8 | acceptable to the Board and payment of an amount to be | ||||||
| 9 | determined by the Board, equal to (1) employee contributions | ||||||
| 10 | for the credit being established, based upon the applicant's | ||||||
| 11 | salary on the first day as an alternative formula employee | ||||||
| 12 | after the employment for which credit is being established and | ||||||
| 13 | the rates then applicable to alternative formula employees, | ||||||
| 14 | plus (2) an amount determined by the Board to be the employer's | ||||||
| 15 | normal cost of the benefits accrued for the credit being | ||||||
| 16 | established, plus (3) regular interest on the amounts in items | ||||||
| 17 | (1) and (2) from the first day as an alternative formula | ||||||
| 18 | employee after the employment for which credit is being | ||||||
| 19 | established to the date of payment. | ||||||
| 20 | (m) The amendatory changes to this Section made by this | ||||||
| 21 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
| 22 | security employees of the Department of Juvenile Justice | ||||||
| 23 | employed by the Department of Corrections before the effective | ||||||
| 24 | date of this amendatory Act of the 94th General Assembly and | ||||||
| 25 | transferred to the Department of Juvenile Justice by this | ||||||
| 26 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
| |||||||
| |||||||
| 1 | employed by the Department of Juvenile Justice on or after the | ||||||
| 2 | effective date of this amendatory Act of the 94th General | ||||||
| 3 | Assembly who are required by subsection (b) of Section 3-2.5-15 | ||||||
| 4 | of the Unified Code of Corrections to have any bachelor's or | ||||||
| 5 | advanced degree from an accredited college or university or, in | ||||||
| 6 | the case of persons who provide vocational training, who are | ||||||
| 7 | required to have adequate knowledge in the skill for which they | ||||||
| 8 | are providing the vocational training.
| ||||||
| 9 | (n) A person employed in a position under subsection (b) of | ||||||
| 10 | this Section who has purchased service credit under subsection | ||||||
| 11 | (j) of Section 14-104 or subsection (b) of Section 14-105 in | ||||||
| 12 | any other capacity under this Article may convert up to 5 years | ||||||
| 13 | of that service credit into service credit covered under this | ||||||
| 14 | Section by paying to the Fund an amount equal to (1) the | ||||||
| 15 | additional employee contribution required under Section | ||||||
| 16 | 14-133, plus (2) the additional employer contribution required | ||||||
| 17 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
| 18 | the actuarially assumed rate from the date of the service to | ||||||
| 19 | the date of payment. | ||||||
| 20 | (o) Subject to the limitation in subsection (i), a | ||||||
| 21 | conservation police officer, investigator for the Secretary of | ||||||
| 22 | State, Commerce Commission police officer, investigator for | ||||||
| 23 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
| 24 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
| 25 | may elect to convert up to 8 years of service credit | ||||||
| 26 | established before the effective date of this amendatory Act of | ||||||
| |||||||
| |||||||
| 1 | the 101st General Assembly as a conservation police officer, | ||||||
| 2 | investigator for the Secretary of State, Commerce Commission | ||||||
| 3 | police officer, investigator for the Department of Revenue or | ||||||
| 4 | the
Illinois Gaming Board, or arson investigator under this | ||||||
| 5 | Article into eligible creditable service by filing a written | ||||||
| 6 | election with the Board no later than one year after the | ||||||
| 7 | effective date of this amendatory Act of the 101st General | ||||||
| 8 | Assembly, accompanied by payment of an amount to be determined | ||||||
| 9 | by the Board equal to (i) the difference between the amount of | ||||||
| 10 | the employee contributions actually paid for that service and | ||||||
| 11 | the amount of the employee contributions that would have been | ||||||
| 12 | paid had the employee contributions been made as a noncovered | ||||||
| 13 | employee serving in a position in which eligible creditable | ||||||
| 14 | service, as defined in this Section, may be earned, plus (ii) | ||||||
| 15 | interest thereon at the effective rate for each year, | ||||||
| 16 | compounded annually, from the date of service to the date of | ||||||
| 17 | payment. | ||||||
| 18 | (Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18; | ||||||
| 19 | 101-610, eff. 1-1-20.)
| ||||||
| 20 | (40 ILCS 5/14-123.1) (from Ch. 108 1/2, par. 14-123.1)
| ||||||
| 21 | Sec. 14-123.1. Temporary disability benefit.
| ||||||
| 22 | (a) A member who has at least 18 months of creditable | ||||||
| 23 | service and who
becomes physically or mentally incapacitated to | ||||||
| 24 | perform the duties of his
position shall receive a temporary | ||||||
| 25 | disability benefit, provided that:
| ||||||
| |||||||
| |||||||
| 1 | (1) the agency responsible for determining the | ||||||
| 2 | liability of the State
(i) has formally denied all | ||||||
| 3 | employer-paid temporary total disability
benefits under | ||||||
| 4 | the Workers' Compensation Act or the Workers' Occupational
| ||||||
| 5 | Diseases Act and an appeal of that denial is pending before | ||||||
| 6 | the Illinois Workers' Compensation
Commission, or (ii) has | ||||||
| 7 | granted and then terminated for any
reason an employer-paid | ||||||
| 8 | temporary total disability benefit and the member has
filed | ||||||
| 9 | a petition for a hearing under Section 19(b) or Section | ||||||
| 10 | 19(b-1) of the Workers'
Compensation Act or Section 19(b) | ||||||
| 11 | or Section 19(b-1) of the Workers' Occupational Diseases
| ||||||
| 12 | Act;
| ||||||
| 13 | (2) application is made after the date
that the | ||||||
| 14 | disability results in loss of pay, and after the date the | ||||||
| 15 | agency responsible for determining the liability of
the | ||||||
| 16 | State under the Workers' Compensation Act or Workers' | ||||||
| 17 | Occupational Diseases
Act has formally denied or | ||||||
| 18 | terminated the employer-paid temporary total
disability | ||||||
| 19 | benefit; and
| ||||||
| 20 | (3) proper proof is received from one or more licensed | ||||||
| 21 | health care professionals designated by
the Board | ||||||
| 22 | certifying that the member is mentally or physically | ||||||
| 23 | incapacitated.
| ||||||
| 24 | (b) In the case of a denial of benefits,
the temporary | ||||||
| 25 | disability benefit shall begin to accrue on the 31st
day of | ||||||
| 26 | absence from work on account of disability, but the benefit | ||||||
| |||||||
| |||||||
| 1 | shall
not become actually payable to the member until the | ||||||
| 2 | expiration of 31
days from the day upon which the member last | ||||||
| 3 | received or had a
right to receive any compensation.
| ||||||
| 4 | In the case of termination of an employer-paid temporary | ||||||
| 5 | total disability
benefit, the temporary disability benefit | ||||||
| 6 | under this Section shall be
calculated from the day following | ||||||
| 7 | the date of termination of the employer-paid
benefit or the | ||||||
| 8 | 31st day of absence from work on account of disability,
| ||||||
| 9 | whichever is later, but shall not become payable to the member | ||||||
| 10 | until (i) the
member's right to an employer-paid temporary | ||||||
| 11 | total disability benefit is denied
as a result of the hearing | ||||||
| 12 | held under Section 19(b) or Section 19(b-1) of the Workers'
| ||||||
| 13 | Compensation Act or Section 19(b) or Section 19(b-1) of the | ||||||
| 14 | Workers' Occupational Diseases Act
or (ii) the expiration of 30 | ||||||
| 15 | days from the date of termination of the
employer-paid benefit, | ||||||
| 16 | whichever occurs first. If a terminated employer-paid
| ||||||
| 17 | temporary total disability benefit is resumed or replaced with | ||||||
| 18 | another
employer-paid disability benefit and the resumed or | ||||||
| 19 | replacement benefit is
later terminated and the member again | ||||||
| 20 | files a petition for a hearing
under Section 19(b) or Section | ||||||
| 21 | 19(b-1) of the Workers' Compensation Act or Section 19(b) or | ||||||
| 22 | Section 19(b-1) of
the Workers' Occupational Diseases Act, the | ||||||
| 23 | member may again become eligible to
receive a temporary | ||||||
| 24 | disability benefit under this Section. The waiting period
| ||||||
| 25 | before the temporary disability benefit under this Section | ||||||
| 26 | becomes payable
applies each time that the benefit is | ||||||
| |||||||
| |||||||
| 1 | reinstated.
| ||||||
| 2 | The benefit shall continue to accrue until the first of the | ||||||
| 3 | following events
occurs:
| ||||||
| 4 | (1) the disability ceases;
| ||||||
| 5 | (2) the member engages in gainful employment;
| ||||||
| 6 | (3) the end of the month in which the member attains | ||||||
| 7 | age 65, in the case
of benefits commencing prior to | ||||||
| 8 | attainment of age 60;
| ||||||
| 9 | (4) the end of the month following the fifth | ||||||
| 10 | anniversary of the
effective date of the benefit in the | ||||||
| 11 | case of benefits commencing on or
after attainment of age | ||||||
| 12 | 60;
| ||||||
| 13 | (5) the end of the month in which the death of the | ||||||
| 14 | member occurs;
| ||||||
| 15 | (6) the end of the month in which the aggregate period | ||||||
| 16 | for which
temporary disability payments have been made | ||||||
| 17 | becomes equal to 1/2 of the
member's total period of | ||||||
| 18 | creditable service, not including the time for
which he has | ||||||
| 19 | received a temporary disability benefit or nonoccupational
| ||||||
| 20 | disability benefit; for purposes of this item (6) only, in | ||||||
| 21 | the case of a
member to whom Section 14-108.2a or 14-108.2b | ||||||
| 22 | applies and who, at the
time disability commences, is | ||||||
| 23 | performing services for the Illinois Department
of Public | ||||||
| 24 | Health or the Illinois Department of State Police relating | ||||||
| 25 | to the transferred
functions referred to in that Section | ||||||
| 26 | and has less than 10 years of creditable
service under this | ||||||
| |||||||
| |||||||
| 1 | Article, the member's "total period of creditable service"
| ||||||
| 2 | shall be augmented by an amount equal to (i) one half of | ||||||
| 3 | the member's period of
creditable service in the Fund | ||||||
| 4 | established under Article 8 (excluding any
creditable | ||||||
| 5 | service over 20 years), minus (ii) the amount of the | ||||||
| 6 | member's
creditable service under this Article;
| ||||||
| 7 | (7) a payment is made on the member's claim pursuant to | ||||||
| 8 | a
determination made by the agency responsible for | ||||||
| 9 | determining the liability of
the State under the Workers' | ||||||
| 10 | Compensation Act or the Workers' Occupational
Diseases | ||||||
| 11 | Act;
| ||||||
| 12 | (8) a final determination is made on the member's claim | ||||||
| 13 | by the
Illinois Workers' Compensation
Commission.
| ||||||
| 14 | (c) The temporary disability benefit shall be 50% of the | ||||||
| 15 | member's final
average compensation at the date of disability.
| ||||||
| 16 | If a covered employee is eligible under the Social Security | ||||||
| 17 | Act for a
disability benefit before attaining the Social | ||||||
| 18 | Security full retirement age, or a retirement benefit on or
| ||||||
| 19 | after attaining the Social Security full retirement age, then | ||||||
| 20 | the amount of the member's temporary
disability benefit shall | ||||||
| 21 | be reduced by the amount of primary benefit the
member is | ||||||
| 22 | eligible to receive under the Social Security Act, whether or | ||||||
| 23 | not
such eligibility came about as the result of service as a | ||||||
| 24 | covered employee
under this Article. The Board may make such | ||||||
| 25 | reduction pending a
determination of eligibility if it appears | ||||||
| 26 | that the employee may be so
eligible, and shall make an | ||||||
| |||||||
| |||||||
| 1 | appropriate adjustment if necessary after such
determination | ||||||
| 2 | has been made. The amount of temporary disability benefit
| ||||||
| 3 | payable under this Article shall not be reduced by reason of | ||||||
| 4 | any increase
in benefits payable under the Social Security Act | ||||||
| 5 | which occurs after the
reduction required by this paragraph has | ||||||
| 6 | been applied. As used in this subsection, "Social Security full | ||||||
| 7 | retirement age" means the age at which an individual is | ||||||
| 8 | eligible to receive full Social Security retirement benefits.
| ||||||
| 9 | (d) The temporary disability benefit provided under this | ||||||
| 10 | Section is
intended as a temporary payment of occupational or | ||||||
| 11 | nonoccupational
disability benefit, whichever is appropriate, | ||||||
| 12 | in cases in which the
occupational or nonoccupational character | ||||||
| 13 | of the disability has not been
finally determined.
| ||||||
| 14 | When an employer-paid disability benefit is paid or | ||||||
| 15 | resumed, the Board
shall calculate the benefit that is payable | ||||||
| 16 | under Section 14-123 and shall
deduct from the benefit payable | ||||||
| 17 | under Section 14-123 the amounts already paid
under this | ||||||
| 18 | Section; those amounts shall then be treated as if they had | ||||||
| 19 | been
paid under Section 14-123.
| ||||||
| 20 | When a final determination of the character of the
| ||||||
| 21 | disability has been made by the Illinois Workers' Compensation | ||||||
| 22 | Commission, or by
settlement between the parties to the | ||||||
| 23 | disputed claim, the Board shall
calculate the benefit that is | ||||||
| 24 | payable under Section 14-123 or 14-124,
whichever is | ||||||
| 25 | applicable, and shall deduct from such benefit the amounts
| ||||||
| 26 | already paid under this Section; such amounts shall then be | ||||||
| |||||||
| |||||||
| 1 | treated as if
they had been paid under such Section 14-123 or | ||||||
| 2 | 14-124.
| ||||||
| 3 | (e) Any excess benefits paid under this Section shall be | ||||||
| 4 | subject to recovery
by the System from benefits payable under | ||||||
| 5 | the Workers' Compensation Act or the
Workers' Occupational | ||||||
| 6 | Diseases Act or from third parties as provided in Section
| ||||||
| 7 | 14-129, or from any other benefits payable either to the member | ||||||
| 8 | or on his
behalf under this Article. A member who accepts | ||||||
| 9 | benefits under this Section
acknowledges and authorizes these | ||||||
| 10 | recovery rights of the System.
| ||||||
| 11 | (f) Service credits under the State Universities | ||||||
| 12 | Retirement System and
the Teachers' Retirement System of the | ||||||
| 13 | State of Illinois shall be
considered for the purposes of | ||||||
| 14 | determining temporary disability benefit
eligibility under | ||||||
| 15 | this Section, and for determining the total period of
time for | ||||||
| 16 | which such benefits are payable.
| ||||||
| 17 | (g) The Board shall prescribe rules and regulations | ||||||
| 18 | governing the filing
of claims for temporary disability | ||||||
| 19 | benefits, and the investigation, control
and supervision of | ||||||
| 20 | such claims.
| ||||||
| 21 | (h) References in this Section to employer-paid benefits | ||||||
| 22 | include benefits
paid for by the State, either directly or | ||||||
| 23 | through a program of insurance or
self-insurance, whether paid | ||||||
| 24 | through the member's own department or through
some other | ||||||
| 25 | department or entity; but the term does not include benefits | ||||||
| 26 | paid by
the System under this Article.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-54, eff. 7-12-19.)
| ||||||
| 2 | (40 ILCS 5/14-124) (from Ch. 108 1/2, par. 14-124)
| ||||||
| 3 | Sec. 14-124. Nonoccupational disability benefit. A member | ||||||
| 4 | with at least
1 1/2 years of creditable service may be granted | ||||||
| 5 | a nonoccupational disability
benefit, if:
| ||||||
| 6 | (1) application for the benefit is made to the system | ||||||
| 7 | by the member
in writing after the commencement of | ||||||
| 8 | disability;
| ||||||
| 9 | (2) the member is found upon medical examination to be | ||||||
| 10 | mentally or
physically incapacitated to perform the duties | ||||||
| 11 | of the member's position;
| ||||||
| 12 | (3) the disability resulted from a cause other than an | ||||||
| 13 | injury or
illness sustained in connection with the member's | ||||||
| 14 | performance of duty as
a State employee;
| ||||||
| 15 | (4) the member has been granted a leave of absence for | ||||||
| 16 | disability at
the time of commencement of disability. | ||||||
| 17 | Renewal of a disability leave
of absence shall not be | ||||||
| 18 | required for the continued payment of
benefits; and
| ||||||
| 19 | (5) the member has used all accumulated sick leave | ||||||
| 20 | available at the
beginning of the leave of absence for | ||||||
| 21 | disability.
| ||||||
| 22 | The benefit shall begin to accrue on the latest of (i) the | ||||||
| 23 | 31st
day of absence from work on account of
disability | ||||||
| 24 | (including any periods of such absence for which sick pay was
| ||||||
| 25 | received); or (ii) the day following the day on which the | ||||||
| |||||||
| |||||||
| 1 | member last receives
or has a right to receive any compensation | ||||||
| 2 | as an employee,
including any sick pay. The benefit shall | ||||||
| 3 | continue to accrue until the
first of the following to occur:
| ||||||
| 4 | (a) the date on which disability ceases;
| ||||||
| 5 | (b) the end of the month in
which the member attains | ||||||
| 6 | age 65 in the case of benefits commencing prior
to | ||||||
| 7 | attainment of age 60;
| ||||||
| 8 | (c) the end of the month following the fifth | ||||||
| 9 | anniversary of the effective
date of the benefit, or of the | ||||||
| 10 | temporary disability benefit if one was
received, in the | ||||||
| 11 | case of benefits commencing on or after attainment
of age | ||||||
| 12 | 60;
| ||||||
| 13 | (d) the end of the month in which the aggregate period | ||||||
| 14 | for which
non-occupational disability and temporary | ||||||
| 15 | disability benefit payments have been
made becomes equal to | ||||||
| 16 | 1/2 of the member's total period of creditable service,
not | ||||||
| 17 | including the time during which he has received a temporary | ||||||
| 18 | disability
benefit or nonoccupational disability benefit; | ||||||
| 19 | for purposes of this item (d)
only, in the case of a member | ||||||
| 20 | to whom Section 14-108.2a or 14-108.2b
applies and who, at | ||||||
| 21 | the time disability commences, is performing services for
| ||||||
| 22 | the Illinois Department of Public Health or the Illinois | ||||||
| 23 | Department of State Police
relating to the transferred | ||||||
| 24 | functions referred to in that Section and has less
than 10 | ||||||
| 25 | years of creditable service under this Article, the | ||||||
| 26 | member's "total
period of creditable service" shall be | ||||||
| |||||||
| |||||||
| 1 | augmented by an amount equal to (i) one
half of the | ||||||
| 2 | member's period of creditable service in the Fund | ||||||
| 3 | established under
Article 8 (excluding any creditable | ||||||
| 4 | service over 20 years), minus (ii) the
amount of the | ||||||
| 5 | member's creditable service under this Article;
| ||||||
| 6 | (e) the date on which the member engages in gainful | ||||||
| 7 | employment;
| ||||||
| 8 | (f) the end of the month in which the death of the | ||||||
| 9 | member occurs.
| ||||||
| 10 | If disability has ceased and the member again becomes | ||||||
| 11 | disabled within
60 days from date of resumption of State | ||||||
| 12 | employment, and if the
disability is due to the same cause for | ||||||
| 13 | which he received
nonoccupational disability benefit | ||||||
| 14 | immediately preceding such reentry
into service, the 30 days | ||||||
| 15 | waiting period prescribed for the receipt of
benefits is waived | ||||||
| 16 | as to such new period of disability.
| ||||||
| 17 | A member shall be considered disabled only when the board | ||||||
| 18 | has
received:
| ||||||
| 19 | (a) a written certificate by one or more licensed | ||||||
| 20 | health care professionals designated by the board, | ||||||
| 21 | certifying that the member is
disabled and unable properly | ||||||
| 22 | to perform the duties of his position at
the time of | ||||||
| 23 | disability; and
| ||||||
| 24 | (b) the employee certifies that he is not and has not | ||||||
| 25 | been engaged
in gainful employment.
| ||||||
| 26 | The board shall prescribe rules and regulations governing | ||||||
| |||||||
| |||||||
| 1 | the filing
of claims for nonoccupational disability benefits, | ||||||
| 2 | and the
investigation, control and supervision of such claims.
| ||||||
| 3 | Service credits under the State Universities Retirement | ||||||
| 4 | System and
the Teachers' Retirement System of the State of | ||||||
| 5 | Illinois shall be
considered for the purposes of | ||||||
| 6 | nonoccupational disability benefit
eligibility under this | ||||||
| 7 | Article and for the total period of time for
which such | ||||||
| 8 | benefits are payable.
| ||||||
| 9 | (Source: P.A. 101-54, eff. 7-12-19.)
| ||||||
| 10 | Section 385. The State Pension Funds Continuing | ||||||
| 11 | Appropriation Act is amended by changing Section 1.2 as | ||||||
| 12 | follows:
| ||||||
| 13 | (40 ILCS 15/1.2)
| ||||||
| 14 | Sec. 1.2. Appropriations for the State Employees' | ||||||
| 15 | Retirement System.
| ||||||
| 16 | (a) From each fund from which an amount is appropriated for | ||||||
| 17 | personal
services to a department or other employer under | ||||||
| 18 | Article 14 of the Illinois
Pension Code, there is hereby | ||||||
| 19 | appropriated to that department or other
employer, on a | ||||||
| 20 | continuing annual basis for each State fiscal year, an
| ||||||
| 21 | additional amount equal to the amount, if any, by which (1) an | ||||||
| 22 | amount equal
to the percentage of the personal services line | ||||||
| 23 | item for that department or
employer from that fund for that | ||||||
| 24 | fiscal year that the Board of Trustees of
the State Employees' | ||||||
| |||||||
| |||||||
| 1 | Retirement System of Illinois has certified under Section
| ||||||
| 2 | 14-135.08 of the Illinois Pension Code to be necessary to meet | ||||||
| 3 | the State's
obligation under Section 14-131 of the Illinois | ||||||
| 4 | Pension Code for that fiscal
year, exceeds (2) the amounts | ||||||
| 5 | otherwise appropriated to that department or
employer from that | ||||||
| 6 | fund for State contributions to the State Employees'
Retirement | ||||||
| 7 | System for that fiscal year.
| ||||||
| 8 | (a-1) (Blank).
| ||||||
| 9 | (a-2) (Blank). | ||||||
| 10 | (a-3) (Blank). | ||||||
| 11 | (a-4) If a Prior Fiscal Year Shortfall is certified under | ||||||
| 12 | subsection (k) of Section 14-131 of the Illinois Pension Code, | ||||||
| 13 | there is hereby appropriated to the State Employees' Retirement | ||||||
| 14 | System of Illinois on a continuing basis from the General | ||||||
| 15 | Revenue Fund an additional aggregate amount equal to the Prior | ||||||
| 16 | Fiscal Year Shortfall. | ||||||
| 17 | (b) The continuing appropriations provided for by this | ||||||
| 18 | Section shall first
be available in State fiscal year 1996.
| ||||||
| 19 | (c) Beginning in Fiscal Year 2005, any continuing | ||||||
| 20 | appropriation under this Section arising out of an | ||||||
| 21 | appropriation for personal services from the Road Fund to the | ||||||
| 22 | Illinois Department of State Police or the Secretary of State | ||||||
| 23 | shall be payable from the General Revenue Fund rather than the | ||||||
| 24 | Road Fund.
| ||||||
| 25 | (d) (Blank). | ||||||
| 26 | (e) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (f) (Blank). | ||||||
| 2 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
| 3 | 101-10, eff. 6-5-19.)
| ||||||
| 4 | Section 390. The Illinois Police Training Act is amended by | ||||||
| 5 | changing Sections 3, 6.1, 9, 10.10, 10.19, and 10.21 as | ||||||
| 6 | follows:
| ||||||
| 7 | (50 ILCS 705/3) (from Ch. 85, par. 503)
| ||||||
| 8 | Sec. 3. Board - composition - appointments - tenure - | ||||||
| 9 | vacancies. The Board
shall be composed of 18 members selected | ||||||
| 10 | as follows: The Attorney
General of
the State of Illinois, the | ||||||
| 11 | Director of the Illinois State Police, the Director of
| ||||||
| 12 | Corrections, the Superintendent of the
Chicago Police | ||||||
| 13 | Department, the Sheriff of Cook County, the Clerk of the | ||||||
| 14 | Circuit Court of Cook County, and the following
to be appointed | ||||||
| 15 | by the Governor: 2 mayors or village presidents of Illinois
| ||||||
| 16 | municipalities, 2 Illinois county sheriffs from counties other | ||||||
| 17 | than Cook
County, 2 managers of Illinois municipalities, 2 | ||||||
| 18 | chiefs of municipal police
departments in Illinois having no | ||||||
| 19 | Superintendent of the Police Department on
the Board, 2 | ||||||
| 20 | citizens of Illinois who shall be members of
an organized | ||||||
| 21 | enforcement officers' association, one active member of a | ||||||
| 22 | statewide association representing sheriffs, and one active | ||||||
| 23 | member of a statewide association representing municipal | ||||||
| 24 | police chiefs. The appointments of the Governor
shall be made | ||||||
| |||||||
| |||||||
| 1 | on the first Monday of August in 1965 with 3 of the | ||||||
| 2 | appointments
to be for a period of one year, 3 for 2 years, and | ||||||
| 3 | 3 for 3 years. Their
successors shall be appointed in like | ||||||
| 4 | manner for terms to expire the first
Monday of August each 3 | ||||||
| 5 | years thereafter. All members shall serve until their
| ||||||
| 6 | respective successors are appointed and qualify. Vacancies | ||||||
| 7 | shall be filled by
the Governor for the unexpired terms.
| ||||||
| 8 | (Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
| ||||||
| 9 | (50 ILCS 705/6.1)
| ||||||
| 10 | Sec. 6.1. Decertification of full-time and part-time | ||||||
| 11 | police officers.
| ||||||
| 12 | (a) The Board must review police officer conduct and | ||||||
| 13 | records to ensure that
no
police officer is certified
or | ||||||
| 14 | provided a valid waiver if that police officer has been | ||||||
| 15 | convicted of, or entered a plea of guilty to, a
felony offense | ||||||
| 16 | under the laws of this
State or any other state which if | ||||||
| 17 | committed in this State would be punishable
as a felony. The | ||||||
| 18 | Board must also
ensure that no police officer is certified or | ||||||
| 19 | provided a valid waiver if that
police officer has been | ||||||
| 20 | convicted of, or entered a plea of guilty to, on or
after the | ||||||
| 21 | effective date of this amendatory Act of 1999 of any | ||||||
| 22 | misdemeanor
specified in this Section or if
committed in any | ||||||
| 23 | other state would be an offense similar to Section 11-1.50, | ||||||
| 24 | 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, | ||||||
| 25 | 17-2, 28-3, 29-1, 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
| ||||||
| |||||||
| |||||||
| 1 | Criminal
Code of 1961 or the Criminal Code of 2012, to | ||||||
| 2 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
| 3 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| 4 | subsection (a) of Section 17-32 of the Criminal Code of 1961 or | ||||||
| 5 | the Criminal Code of 2012, or to Section 5 or
5.2 of the | ||||||
| 6 | Cannabis Control Act. The Board must appoint investigators to
| ||||||
| 7 | enforce the duties conferred upon the
Board by this Act.
| ||||||
| 8 | (b) It is the responsibility of the sheriff or the chief | ||||||
| 9 | executive officer
of every local law enforcement
agency or | ||||||
| 10 | department within this State to report to the Board any arrest,
| ||||||
| 11 | conviction, or plea of guilty of any officer for an
offense | ||||||
| 12 | identified in this Section.
| ||||||
| 13 | (c) It is the duty and responsibility of every full-time | ||||||
| 14 | and part-time
police officer in this State to report to
the | ||||||
| 15 | Board within 30 days, and the officer's sheriff or chief | ||||||
| 16 | executive officer,
of his or her arrest, conviction, or plea of | ||||||
| 17 | guilty for
an offense identified in this Section. Any full-time | ||||||
| 18 | or part-time police
officer who knowingly makes, submits,
| ||||||
| 19 | causes to be submitted, or files a false or untruthful report | ||||||
| 20 | to the Board must
have his or her certificate or waiver
| ||||||
| 21 | immediately decertified or revoked.
| ||||||
| 22 | (d) Any person, or a local or State agency, or the Board is | ||||||
| 23 | immune from
liability for submitting,
disclosing, or releasing | ||||||
| 24 | information of arrests, convictions, or pleas of guilty in this | ||||||
| 25 | Section
as long as the information is
submitted, disclosed, or | ||||||
| 26 | released in good faith and without malice. The Board
has | ||||||
| |||||||
| |||||||
| 1 | qualified immunity for the
release of the information.
| ||||||
| 2 | (e) Any full-time or part-time police officer with a | ||||||
| 3 | certificate or waiver
issued by the Board who is
convicted of, | ||||||
| 4 | or entered a plea of guilty to, any offense described in this | ||||||
| 5 | Section immediately becomes
decertified or no longer has a | ||||||
| 6 | valid
waiver. The decertification and invalidity of waivers | ||||||
| 7 | occurs as a matter of
law. Failure of a convicted person to
| ||||||
| 8 | report to the Board his or her conviction as described in this | ||||||
| 9 | Section or any
continued law enforcement practice
after | ||||||
| 10 | receiving a conviction is a Class 4 felony.
| ||||||
| 11 | (f) The Board's investigators are peace officers and have | ||||||
| 12 | all the powers
possessed by policemen in cities
and by | ||||||
| 13 | sheriff's, and these investigators may exercise those powers
| ||||||
| 14 | anywhere in the State.
An investigator shall not have peace | ||||||
| 15 | officer status or exercise police powers unless he or she | ||||||
| 16 | successfully completes the basic police training course | ||||||
| 17 | mandated and approved by the Board or the Board waives the | ||||||
| 18 | training requirement by reason of the investigator's prior law | ||||||
| 19 | enforcement experience, training, or both. The Board shall not | ||||||
| 20 | waive the training requirement unless the investigator has had | ||||||
| 21 | a minimum of 5 years experience as a sworn officer of a local, | ||||||
| 22 | State, or federal law enforcement agency.
| ||||||
| 23 | (g) The Board must request and receive information and | ||||||
| 24 | assistance from any
federal, state, or local
governmental | ||||||
| 25 | agency as part of the authorized criminal background
| ||||||
| 26 | investigation. The Illinois Department of State Police must | ||||||
| |||||||
| |||||||
| 1 | process, retain, and
additionally
provide
and disseminate | ||||||
| 2 | information to the Board concerning criminal charges, arrests,
| ||||||
| 3 | convictions, and their disposition, that have
been filed | ||||||
| 4 | before, on, or after the effective date of this amendatory Act | ||||||
| 5 | of
the 91st General Assembly against a basic academy applicant, | ||||||
| 6 | law enforcement
applicant, or law enforcement officer whose | ||||||
| 7 | fingerprint identification cards
are on file or maintained by | ||||||
| 8 | the Illinois Department of State Police. The Federal
Bureau
of
| ||||||
| 9 | Investigation must provide the Board any criminal history | ||||||
| 10 | record information
contained in its files pertaining to law
| ||||||
| 11 | enforcement officers or any applicant to a Board certified | ||||||
| 12 | basic law
enforcement academy as described in this Act
based on | ||||||
| 13 | fingerprint identification. The Board must make payment of fees | ||||||
| 14 | to the Illinois
Department of State Police for each
fingerprint | ||||||
| 15 | card submission in conformance with the requirements of | ||||||
| 16 | paragraph
22 of Section 55a of the Civil
Administrative Code of | ||||||
| 17 | Illinois.
| ||||||
| 18 | (h) A police officer who has been certified or granted a | ||||||
| 19 | valid waiver
shall
also be decertified or have his or her | ||||||
| 20 | waiver revoked upon a determination by
the Illinois Labor | ||||||
| 21 | Relations
Board State Panel
that
he or she, while under oath, | ||||||
| 22 | has knowingly and willfully made false statements
as
to a | ||||||
| 23 | material fact going to an element of the offense of murder. If | ||||||
| 24 | an appeal
is filed, the determination shall be stayed.
| ||||||
| 25 | (1) In the case of an acquittal on a charge of murder, | ||||||
| 26 | a verified
complaint may be filed:
| ||||||
| |||||||
| |||||||
| 1 | (A) by the defendant; or
| ||||||
| 2 | (B) by a police officer with personal knowledge of | ||||||
| 3 | perjured
testimony.
| ||||||
| 4 | The complaint must allege that a police officer, while | ||||||
| 5 | under oath, knowingly
and
willfully made false statements | ||||||
| 6 | as to a material fact going to an element of
the
offense of | ||||||
| 7 | murder. The verified complaint must be filed with the | ||||||
| 8 | Executive
Director of the Illinois Law Enforcement | ||||||
| 9 | Training Standards Board within 2
years of the judgment of | ||||||
| 10 | acquittal.
| ||||||
| 11 | (2) Within 30 days, the Executive Director of the | ||||||
| 12 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
| 13 | review the verified complaint and determine whether the
| ||||||
| 14 | verified complaint is frivolous and without merit, or | ||||||
| 15 | whether further
investigation is
warranted. The Illinois | ||||||
| 16 | Law Enforcement Training Standards Board shall notify
the | ||||||
| 17 | officer and the Executive Director of the Illinois Labor | ||||||
| 18 | Relations Board
State Panel of the filing of the complaint | ||||||
| 19 | and any action taken thereon. If the
Executive Director of | ||||||
| 20 | the Illinois Law Enforcement Training
Standards Board | ||||||
| 21 | determines that the verified complaint is frivolous and | ||||||
| 22 | without
merit, it shall be dismissed. The Executive | ||||||
| 23 | Director of the Illinois Law
Enforcement Training | ||||||
| 24 | Standards Board has sole discretion to make this
| ||||||
| 25 | determination and this decision is not subject to appeal.
| ||||||
| 26 | (i) If the Executive Director of the Illinois Law | ||||||
| |||||||
| |||||||
| 1 | Enforcement Training
Standards Board determines that the | ||||||
| 2 | verified complaint warrants further
investigation, he or she | ||||||
| 3 | shall refer the matter to a task force of
investigators
created | ||||||
| 4 | for this purpose. This task force shall consist of 8 sworn | ||||||
| 5 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
| 6 | City of Chicago Police Department, 2
from county police | ||||||
| 7 | departments, and 2 from municipal police departments.
These | ||||||
| 8 | investigators shall have a minimum of 5 years of experience in | ||||||
| 9 | conducting
criminal investigations. The investigators shall be | ||||||
| 10 | appointed by the Executive
Director of the Illinois Law | ||||||
| 11 | Enforcement Training Standards Board. Any officer
or officers | ||||||
| 12 | acting in this capacity pursuant to this statutory provision | ||||||
| 13 | will
have
statewide police authority while acting in this | ||||||
| 14 | investigative capacity. Their
salaries
and expenses for the | ||||||
| 15 | time spent conducting investigations under this paragraph
| ||||||
| 16 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
| 17 | Standards Board.
| ||||||
| 18 | (j) Once the Executive Director of the Illinois Law | ||||||
| 19 | Enforcement Training
Standards Board has determined that an | ||||||
| 20 | investigation is warranted, the verified
complaint shall be | ||||||
| 21 | assigned to an investigator or investigators. The
investigator
| ||||||
| 22 | or investigators shall conduct an investigation of the verified | ||||||
| 23 | complaint and
shall
write a report of his or her findings. This | ||||||
| 24 | report shall be submitted to the
Executive Director of the | ||||||
| 25 | Illinois Labor Relations Board State Panel.
| ||||||
| 26 | Within 30 days, the Executive Director of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Labor Relations Board
State Panel
shall review the | ||||||
| 2 | investigative report and determine whether sufficient evidence
| ||||||
| 3 | exists to
conduct an evidentiary hearing on the verified | ||||||
| 4 | complaint. If the Executive
Director of the Illinois Labor | ||||||
| 5 | Relations Board State Panel determines upon his
or
her review | ||||||
| 6 | of the investigatory report that a hearing should not be | ||||||
| 7 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
| 8 | in the Executive Director's sole
discretion, and this dismissal | ||||||
| 9 | may not be appealed.
| ||||||
| 10 | If the Executive Director of the Illinois Labor Relations | ||||||
| 11 | Board
State Panel
determines that there is sufficient evidence | ||||||
| 12 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
| 13 | verified complaint, to be conducted by an administrative law
| ||||||
| 14 | judge employed by the Illinois Labor Relations Board State | ||||||
| 15 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
| 16 | Board State Panel shall inform the
Executive Director of the | ||||||
| 17 | Illinois Law Enforcement Training Standards Board and
the | ||||||
| 18 | person who filed the complaint of either the dismissal of the | ||||||
| 19 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
| 20 | Executive Director shall assign the complaint to the
| ||||||
| 21 | administrative law judge within 30 days
of the
decision | ||||||
| 22 | granting a hearing.
| ||||||
| 23 | (k) In the case of a finding of guilt on the offense of | ||||||
| 24 | murder, if a new
trial
is
granted on direct appeal, or a state | ||||||
| 25 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
| 26 | claim that a police officer, under oath, knowingly and
| ||||||
| |||||||
| |||||||
| 1 | willfully made false statements as to a material fact going to | ||||||
| 2 | an element of
the
offense of murder, the Illinois Labor | ||||||
| 3 | Relations Board State Panel shall hold a
hearing
to
determine | ||||||
| 4 | whether the officer should be decertified if an interested | ||||||
| 5 | party
requests such a hearing within 2 years of the court's | ||||||
| 6 | decision. The complaint
shall be assigned to an administrative | ||||||
| 7 | law judge within 30 days so that a
hearing can be scheduled.
| ||||||
| 8 | At the hearing, the accused officer shall be afforded the | ||||||
| 9 | opportunity to:
| ||||||
| 10 | (1) Be represented by counsel of his or her own | ||||||
| 11 | choosing;
| ||||||
| 12 | (2) Be heard in his or her own defense;
| ||||||
| 13 | (3) Produce evidence in his or her defense;
| ||||||
| 14 | (4) Request that the Illinois Labor Relations Board | ||||||
| 15 | State Panel compel the
attendance of witnesses and | ||||||
| 16 | production of related documents including but not
limited | ||||||
| 17 | to court documents and records.
| ||||||
| 18 | Once a case has been set for hearing, the verified | ||||||
| 19 | complaint shall be
referred to the Department of Professional | ||||||
| 20 | Regulation. That office shall
prosecute the verified complaint | ||||||
| 21 | at the hearing before the administrative law
judge. The | ||||||
| 22 | Department of Professional Regulation shall have the | ||||||
| 23 | opportunity to
produce evidence to support the verified | ||||||
| 24 | complaint and to request the Illinois
Labor
Relations Board | ||||||
| 25 | State Panel to compel the attendance of witnesses and the
| ||||||
| 26 | production of related documents, including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | court documents
and records. The Illinois Labor Relations Board | ||||||
| 2 | State Panel shall have the
power
to issue subpoenas requiring | ||||||
| 3 | the attendance of and testimony of witnesses and
the production | ||||||
| 4 | of related documents including, but not limited to, court
| ||||||
| 5 | documents and records and shall have the power to administer | ||||||
| 6 | oaths.
| ||||||
| 7 | The administrative law judge shall have the responsibility | ||||||
| 8 | of receiving into
evidence relevant testimony and documents, | ||||||
| 9 | including court records, to support
or disprove the allegations | ||||||
| 10 | made by the person filing the verified complaint
and,
at the | ||||||
| 11 | close of the case, hear arguments. If the administrative law | ||||||
| 12 | judge finds
that there is not clear and convincing evidence to | ||||||
| 13 | support the verified
complaint
that the police officer has, | ||||||
| 14 | while under oath, knowingly and willfully made
false
statements | ||||||
| 15 | as to a material fact going to an element of the offense of | ||||||
| 16 | murder,
the
administrative law judge shall make a written | ||||||
| 17 | recommendation of dismissal to
the
Illinois Labor Relations | ||||||
| 18 | Board State Panel. If the administrative law judge
finds
that | ||||||
| 19 | there is clear and convincing evidence that the police officer | ||||||
| 20 | has, while
under
oath, knowingly and willfully made false | ||||||
| 21 | statements as to a material fact that
goes to an element of the | ||||||
| 22 | offense of murder, the administrative law judge shall
make a | ||||||
| 23 | written recommendation so concluding to the Illinois Labor | ||||||
| 24 | Relations
Board State Panel. The hearings shall be transcribed.
| ||||||
| 25 | The Executive
Director of the Illinois Law Enforcement Training | ||||||
| 26 | Standards Board shall be
informed of the
administrative law | ||||||
| |||||||
| |||||||
| 1 | judge's recommended findings and decision and the Illinois
| ||||||
| 2 | Labor Relations Board State Panel's subsequent review of the | ||||||
| 3 | recommendation.
| ||||||
| 4 | (l) An officer named in any complaint filed pursuant to | ||||||
| 5 | this Act shall be
indemnified for his or her reasonable | ||||||
| 6 | attorney's fees and costs by his or her
employer. These fees | ||||||
| 7 | shall be paid in a regular and timely manner. The State,
upon | ||||||
| 8 | application by the public employer, shall reimburse the public | ||||||
| 9 | employer
for
the accused officer's reasonable attorney's fees | ||||||
| 10 | and costs. At no time and
under
no circumstances will the | ||||||
| 11 | accused officer be required to pay his or her own
reasonable | ||||||
| 12 | attorney's fees or costs.
| ||||||
| 13 | (m) The accused officer shall not be placed on unpaid | ||||||
| 14 | status because of
the filing or processing of the verified | ||||||
| 15 | complaint until there is a final
non-appealable order | ||||||
| 16 | sustaining his or her guilt and his or her certification
is
| ||||||
| 17 | revoked.
Nothing in this Act, however, restricts the public | ||||||
| 18 | employer from pursuing
discipline against the officer in the | ||||||
| 19 | normal course and under procedures then
in
place.
| ||||||
| 20 | (n) The Illinois Labor Relations Board State Panel shall | ||||||
| 21 | review the
administrative law judge's recommended decision and | ||||||
| 22 | order and determine by a
majority vote whether or not there was | ||||||
| 23 | clear and convincing evidence that the
accused officer, while | ||||||
| 24 | under oath, knowingly and willfully made false
statements
as to | ||||||
| 25 | a material fact going to the offense of murder. Within 30 days | ||||||
| 26 | of service
of
the administrative law judge's recommended | ||||||
| |||||||
| |||||||
| 1 | decision and order, the parties may
file exceptions to the | ||||||
| 2 | recommended decision and order and briefs in support of
their | ||||||
| 3 | exceptions with the Illinois Labor Relations Board State Panel. | ||||||
| 4 | The
parties
may file responses to the exceptions and briefs in | ||||||
| 5 | support of the responses no
later than 15 days after the | ||||||
| 6 | service of the exceptions. If exceptions are filed
by
any of | ||||||
| 7 | the parties, the Illinois Labor Relations Board State Panel | ||||||
| 8 | shall review
the
matter and make a finding to uphold, vacate, | ||||||
| 9 | or modify the recommended
decision and order. If the Illinois | ||||||
| 10 | Labor Relations Board State Panel concludes
that there is clear | ||||||
| 11 | and convincing evidence that the accused officer, while
under
| ||||||
| 12 | oath, knowingly and willfully made false statements as to a | ||||||
| 13 | material fact going
to
an element of the offense murder, the | ||||||
| 14 | Illinois Labor Relations Board State
Panel
shall inform the | ||||||
| 15 | Illinois Law Enforcement Training Standards Board and the
| ||||||
| 16 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
| 17 | the accused
officer's certification. If the accused officer | ||||||
| 18 | appeals that determination to
the
Appellate Court, as provided | ||||||
| 19 | by this Act, he or she may petition the Appellate
Court to stay | ||||||
| 20 | the revocation of his or her certification pending the court's
| ||||||
| 21 | review
of the matter.
| ||||||
| 22 | (o) None of the Illinois Labor Relations Board State | ||||||
| 23 | Panel's findings or
determinations shall set any precedent in | ||||||
| 24 | any of its decisions decided pursuant
to the Illinois Public | ||||||
| 25 | Labor Relations Act by the Illinois Labor Relations
Board
State
| ||||||
| 26 | Panel or the courts.
| ||||||
| |||||||
| |||||||
| 1 | (p) A party aggrieved by the final order of the Illinois | ||||||
| 2 | Labor Relations
Board State Panel may apply for and obtain | ||||||
| 3 | judicial review of an order of the
Illinois Labor Relations | ||||||
| 4 | Board State Panel, in accordance with the provisions
of
the | ||||||
| 5 | Administrative Review Law, except that such judicial review | ||||||
| 6 | shall be
afforded
directly in the Appellate Court for the | ||||||
| 7 | district in which the accused officer
resides.
Any direct | ||||||
| 8 | appeal to the Appellate Court shall be filed within 35 days | ||||||
| 9 | from the
date that a copy of the decision sought to be reviewed | ||||||
| 10 | was served upon the
party
affected by the decision.
| ||||||
| 11 | (q) Interested parties. Only interested parties to the | ||||||
| 12 | criminal prosecution
in
which the police officer allegedly, | ||||||
| 13 | while under oath, knowingly and willfully
made
false statements | ||||||
| 14 | as to a material fact going to an element of the offense of
| ||||||
| 15 | murder may file a verified complaint pursuant to this Section. | ||||||
| 16 | For purposes of
this Section, "interested parties" shall be | ||||||
| 17 | limited to the defendant and any
police
officer who has | ||||||
| 18 | personal knowledge that the police officer who is the subject
| ||||||
| 19 | of
the complaint has, while under oath, knowingly and willfully | ||||||
| 20 | made false
statements
as
to a material fact going to an element | ||||||
| 21 | of the offense of murder.
| ||||||
| 22 | (r) Semi-annual reports. The Executive Director of the | ||||||
| 23 | Illinois Labor
Relations Board shall submit semi-annual | ||||||
| 24 | reports to the Governor, President,
and
Minority Leader of the | ||||||
| 25 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
| 26 | Representatives beginning on June 30, 2004, indicating:
| ||||||
| |||||||
| |||||||
| 1 | (1) the number of verified complaints received since | ||||||
| 2 | the date of the
last
report;
| ||||||
| 3 | (2) the number of investigations initiated since the | ||||||
| 4 | date of the last
report;
| ||||||
| 5 | (3) the number of investigations concluded since the | ||||||
| 6 | date of the last
report;
| ||||||
| 7 | (4) the number of investigations pending as of the | ||||||
| 8 | reporting date;
| ||||||
| 9 | (5) the number of hearings held since the date of the | ||||||
| 10 | last report; and
| ||||||
| 11 | (6) the number of officers decertified since the date | ||||||
| 12 | of the last
report.
| ||||||
| 13 | (Source: P.A. 101-187, eff. 1-1-20.)
| ||||||
| 14 | (50 ILCS 705/9) (from Ch. 85, par. 509)
| ||||||
| 15 | Sec. 9.
A special fund is hereby established in the State | ||||||
| 16 | Treasury to
be known as the Traffic and Criminal Conviction | ||||||
| 17 | Surcharge Fund. Moneys in this Fund shall be
expended as | ||||||
| 18 | follows:
| ||||||
| 19 | (1) a portion of the total amount deposited in the Fund | ||||||
| 20 | may be used, as
appropriated by the General Assembly, for | ||||||
| 21 | the ordinary and contingent expenses
of the Illinois Law | ||||||
| 22 | Enforcement Training Standards Board;
| ||||||
| 23 | (2) a portion of the total amount deposited in the Fund
| ||||||
| 24 | shall be appropriated for the reimbursement of local | ||||||
| 25 | governmental agencies
participating in training programs | ||||||
| |||||||
| |||||||
| 1 | certified by the Board, in an amount
equaling 1/2 of the | ||||||
| 2 | total sum paid by such agencies during the State's previous
| ||||||
| 3 | fiscal year for mandated training for probationary police | ||||||
| 4 | officers or
probationary county corrections officers and | ||||||
| 5 | for optional advanced and
specialized law enforcement or | ||||||
| 6 | county corrections training; these
reimbursements may | ||||||
| 7 | include the costs for tuition at training schools, the
| ||||||
| 8 | salaries of trainees while in schools, and the necessary | ||||||
| 9 | travel and room
and board expenses for each trainee; if the | ||||||
| 10 | appropriations under this
paragraph (2) are not sufficient | ||||||
| 11 | to fully reimburse the participating local
governmental | ||||||
| 12 | agencies, the available funds shall be apportioned among | ||||||
| 13 | such
agencies, with priority first given to repayment of | ||||||
| 14 | the costs of mandatory
training given to law enforcement | ||||||
| 15 | officer or county corrections officer
recruits, then to | ||||||
| 16 | repayment of costs of advanced or specialized training
for | ||||||
| 17 | permanent police officers or permanent county corrections | ||||||
| 18 | officers;
| ||||||
| 19 | (3) a portion of the total amount deposited in the Fund | ||||||
| 20 | may be used to
fund the Intergovernmental Law Enforcement | ||||||
| 21 | Officer's In-Service Training
Act, veto overridden October | ||||||
| 22 | 29, 1981, as now or hereafter amended, at
a rate and method | ||||||
| 23 | to be determined by the board;
| ||||||
| 24 | (4) a portion of the Fund also may be used by the | ||||||
| 25 | Illinois Department of State Police for expenses incurred | ||||||
| 26 | in the training of employees from
any State, county or | ||||||
| |||||||
| |||||||
| 1 | municipal agency whose function includes enforcement
of | ||||||
| 2 | criminal or traffic law;
| ||||||
| 3 | (5) a portion of the Fund may be used by the Board to | ||||||
| 4 | fund grant-in-aid
programs and services for the training of | ||||||
| 5 | employees from any county or
municipal agency whose | ||||||
| 6 | functions include corrections or the enforcement of
| ||||||
| 7 | criminal or traffic
law;
| ||||||
| 8 | (6) for fiscal years 2013 through 2017 only, a portion | ||||||
| 9 | of the Fund also may be used by the
Department of State | ||||||
| 10 | Police to finance any of its lawful purposes or functions; | ||||||
| 11 | (7) a portion of the Fund may be used by the Board, | ||||||
| 12 | subject to appropriation, to administer grants to local law | ||||||
| 13 | enforcement agencies for the purpose of purchasing | ||||||
| 14 | bulletproof vests under the Law Enforcement Officer | ||||||
| 15 | Bulletproof Vest Act; and | ||||||
| 16 | (8) a portion of the Fund may be used by the Board to | ||||||
| 17 | create a law enforcement grant program available for units | ||||||
| 18 | of local government to fund crime prevention programs, | ||||||
| 19 | training, and interdiction efforts, including enforcement | ||||||
| 20 | and prevention efforts, relating to the illegal cannabis | ||||||
| 21 | market and driving under the influence of cannabis. | ||||||
| 22 | All payments from the Traffic and Criminal Conviction | ||||||
| 23 | Surcharge Fund shall
be made each year from moneys appropriated | ||||||
| 24 | for the purposes specified in
this Section. No more than 50% of | ||||||
| 25 | any appropriation under this Act shall be
spent in any city | ||||||
| 26 | having a population of more than 500,000. The State
Comptroller | ||||||
| |||||||
| |||||||
| 1 | and the State Treasurer shall from time to time, at the
| ||||||
| 2 | direction of the Governor, transfer from the Traffic and | ||||||
| 3 | Criminal
Conviction Surcharge Fund to the General Revenue Fund | ||||||
| 4 | in the State Treasury
such amounts as the Governor determines | ||||||
| 5 | are in excess of the amounts
required to meet the obligations | ||||||
| 6 | of the Traffic and Criminal Conviction
Surcharge Fund.
| ||||||
| 7 | (Source: P.A. 100-987, eff. 7-1-19; 101-27, eff. 6-25-19.)
| ||||||
| 8 | (50 ILCS 705/10.10)
| ||||||
| 9 | Sec. 10.10. Training in child abduction and missing | ||||||
| 10 | endangered senior alert system. | ||||||
| 11 | (a) The Board shall
conduct
training programs for law | ||||||
| 12 | enforcement personnel of local governmental agencies
in the
| ||||||
| 13 | statewide coordinated child abduction alert system developed | ||||||
| 14 | under Section
2605-480 of
the Illinois Department of State | ||||||
| 15 | Police Law of the Civil Administrative Code of
Illinois and the | ||||||
| 16 | statewide coordinated missing endangered senior alert system | ||||||
| 17 | developed under Section 2605-375 of the Illinois Department of | ||||||
| 18 | State Police Law of the
Civil Administrative Code of Illinois.
| ||||||
| 19 | (b) The Board shall conduct a training program for law | ||||||
| 20 | enforcement personnel of local governmental agencies in the | ||||||
| 21 | statewide Alzheimer's disease, other related dementia, or | ||||||
| 22 | other dementia-like cognitive impairment coordinated Silver | ||||||
| 23 | Search Awareness Program and toolkit developed under Section | ||||||
| 24 | 2605-485 of the Illinois Department of State Police Law of the | ||||||
| 25 | Civil Administrative Code of Illinois. The Board shall adopt | ||||||
| |||||||
| |||||||
| 1 | written protocols and guidelines for the handling of missing | ||||||
| 2 | persons cases involving Alzheimer's disease, other related | ||||||
| 3 | dementia, or other dementia-like cognitive impairment based | ||||||
| 4 | upon protocols developed by the Silver Search Task Force in | ||||||
| 5 | conjunction with the Illinois Department of State Police on or | ||||||
| 6 | before July 1, 2016. | ||||||
| 7 | (Source: P.A. 99-322, eff. 1-1-16.)
| ||||||
| 8 | (50 ILCS 705/10.19) | ||||||
| 9 | Sec. 10.19. Training; administration of epinephrine. | ||||||
| 10 | (a) This Section, along with Section 40 of the Illinois | ||||||
| 11 | State Police Act, may be referred to as the Annie LeGere Law. | ||||||
| 12 | (b) For purposes of this Section, "epinephrine | ||||||
| 13 | auto-injector" means a single-use device used for the automatic | ||||||
| 14 | injection of a pre-measured dose of epinephrine into the human | ||||||
| 15 | body prescribed in the name of a local governmental agency. | ||||||
| 16 | (c) The Board shall conduct or approve an optional advanced | ||||||
| 17 | training program for police officers to recognize and respond | ||||||
| 18 | to anaphylaxis, including the administration of an epinephrine | ||||||
| 19 | auto-injector. The training must include, but is not limited | ||||||
| 20 | to: | ||||||
| 21 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 22 | (2) how to respond to an emergency involving an | ||||||
| 23 | allergic reaction; | ||||||
| 24 | (3) how to administer an epinephrine auto-injector; | ||||||
| 25 | (4) how to respond to an individual with a known | ||||||
| |||||||
| |||||||
| 1 | allergy as well as an individual with a previously unknown | ||||||
| 2 | allergy; | ||||||
| 3 | (5) a test demonstrating competency of the knowledge | ||||||
| 4 | required to recognize anaphylaxis and administer an | ||||||
| 5 | epinephrine auto-injector; and | ||||||
| 6 | (6) other criteria as determined in rules adopted by | ||||||
| 7 | the Board. | ||||||
| 8 | (d) A local governmental agency may authorize a police | ||||||
| 9 | officer who has completed an optional advanced training program | ||||||
| 10 | under subsection (c) to carry, administer, or assist with the | ||||||
| 11 | administration of epinephrine auto-injectors provided by the | ||||||
| 12 | local governmental agency whenever he or she is performing | ||||||
| 13 | official duties. | ||||||
| 14 | (e) A local governmental agency that authorizes its | ||||||
| 15 | officers to carry and administer epinephrine auto-injectors | ||||||
| 16 | under subsection (d) must establish a policy to control the | ||||||
| 17 | acquisition, storage, transportation, administration, and | ||||||
| 18 | disposal of epinephrine auto-injectors and to provide | ||||||
| 19 | continued training in the administration of epinephrine | ||||||
| 20 | auto-injectors. | ||||||
| 21 | (f) A physician, physician's assistant with prescriptive | ||||||
| 22 | authority, or advanced practice registered nurse with | ||||||
| 23 | prescriptive authority may provide a standing protocol or | ||||||
| 24 | prescription for epinephrine auto-injectors in the name of a | ||||||
| 25 | local governmental agency to be maintained for use when | ||||||
| 26 | necessary. | ||||||
| |||||||
| |||||||
| 1 | (g) When a police officer administers an epinephrine | ||||||
| 2 | auto-injector in good faith, the police officer and local | ||||||
| 3 | governmental agency, and its employees and agents, including a | ||||||
| 4 | physician, physician's assistant with prescriptive authority, | ||||||
| 5 | or advanced practice registered nurse with prescriptive | ||||||
| 6 | authority who provides a standing order or prescription for an | ||||||
| 7 | epinephrine auto-injector, incur no civil or professional | ||||||
| 8 | liability, except for willful and wanton conduct, as a result | ||||||
| 9 | of any injury or death arising from the use of an epinephrine | ||||||
| 10 | auto-injector.
| ||||||
| 11 | (Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17; | ||||||
| 12 | 100-648, eff. 7-31-18.)
| ||||||
| 13 | (50 ILCS 705/10.21) | ||||||
| 14 | Sec. 10.21. Training; sexual assault and sexual abuse. | ||||||
| 15 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
| 16 | shall conduct or approve training programs in trauma-informed | ||||||
| 17 | responses and investigations of sexual assault and sexual | ||||||
| 18 | abuse, which include, but is not limited to, the following: | ||||||
| 19 | (1) recognizing the symptoms of trauma; | ||||||
| 20 | (2) understanding the role trauma has played in a | ||||||
| 21 | victim's life; | ||||||
| 22 | (3) responding to the needs and concerns of a victim; | ||||||
| 23 | (4) delivering services in a compassionate, sensitive, | ||||||
| 24 | and nonjudgmental manner; | ||||||
| 25 | (5) interviewing techniques in accordance with the | ||||||
| |||||||
| |||||||
| 1 | curriculum standards in subsection (f) of this Section; | ||||||
| 2 | (6) understanding cultural perceptions and common | ||||||
| 3 | myths of sexual assault and sexual abuse; | ||||||
| 4 | (7) report writing techniques in accordance with the | ||||||
| 5 | curriculum standards in subsection (f) of this Section; and | ||||||
| 6 | (8) recognizing special sensitivities of victims due | ||||||
| 7 | to: age, including those under the age of 13; gender; or | ||||||
| 8 | other qualifications. | ||||||
| 9 | (b) This training must be presented in all full and | ||||||
| 10 | part-time basic law enforcement academies on or before July 1, | ||||||
| 11 | 2018. | ||||||
| 12 | (c) Agencies employing law enforcement officers must | ||||||
| 13 | present this training to all law enforcement officers within 3 | ||||||
| 14 | years after January 1, 2017 (the effective date of Public Act | ||||||
| 15 | 99-801) and must present in-service training on sexual assault | ||||||
| 16 | and sexual abuse response and report writing training | ||||||
| 17 | requirements every 3 years. | ||||||
| 18 | (d) Agencies employing law enforcement officers who | ||||||
| 19 | conduct sexual assault and sexual abuse investigations must | ||||||
| 20 | provide specialized training to these officers on sexual | ||||||
| 21 | assault and sexual abuse investigations within 2 years after | ||||||
| 22 | January 1, 2017 (the effective date of Public Act 99-801) and | ||||||
| 23 | must present in-service training on sexual assault and sexual | ||||||
| 24 | abuse investigations to these officers every 3 years. | ||||||
| 25 | (e) Instructors providing this training shall have | ||||||
| 26 | successfully completed training on evidence-based, | ||||||
| |||||||
| |||||||
| 1 | trauma-informed, victim-centered response to cases of sexual | ||||||
| 2 | assault and sexual abuse and have experience responding to | ||||||
| 3 | sexual assault and sexual abuse cases. | ||||||
| 4 | (f) The Board shall adopt rules, in consultation with the | ||||||
| 5 | Office of the Illinois Attorney General and the Illinois | ||||||
| 6 | Department of State Police, to determine the specific training | ||||||
| 7 | requirements for these courses, including, but not limited to, | ||||||
| 8 | the following: | ||||||
| 9 | (1) evidence-based curriculum standards for report | ||||||
| 10 | writing and immediate response to sexual assault and sexual | ||||||
| 11 | abuse, including trauma-informed, victim-centered, age | ||||||
| 12 | sensitive, interview techniques, which have been | ||||||
| 13 | demonstrated to minimize retraumatization, for | ||||||
| 14 | probationary police officers and all law enforcement | ||||||
| 15 | officers; and | ||||||
| 16 | (2) evidence-based curriculum standards for | ||||||
| 17 | trauma-informed, victim-centered, age sensitive | ||||||
| 18 | investigation and interviewing techniques, which have been | ||||||
| 19 | demonstrated to minimize retraumatization, for cases of | ||||||
| 20 | sexual assault and sexual abuse for law enforcement | ||||||
| 21 | officers who conduct sexual assault and sexual abuse | ||||||
| 22 | investigations.
| ||||||
| 23 | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17; | ||||||
| 24 | 100-910, eff. 1-1-19.)
| ||||||
| 25 | Section 395. The Uniform Crime Reporting Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 5-5, 5-10, 5-12, 5-15, 5-20, and 5-30 as | ||||||
| 2 | follows:
| ||||||
| 3 | (50 ILCS 709/5-5)
| ||||||
| 4 | Sec. 5-5. Definitions. As used in this Act: | ||||||
| 5 | "Arrest-related death" means any death of an individual | ||||||
| 6 | while the individual's freedom to leave is restricted by a law | ||||||
| 7 | enforcement officer while the officer is on duty, or otherwise | ||||||
| 8 | acting within the scope of his or her employment, including any | ||||||
| 9 | death resulting from a motor vehicle accident, if the law | ||||||
| 10 | enforcement officer was engaged in direct action against the | ||||||
| 11 | individual or the individual's vehicle during the process of | ||||||
| 12 | apprehension. "Arrest-related death" does not include the | ||||||
| 13 | death of law enforcement personnel.
| ||||||
| 14 | "Department" means the Department of State Police. | ||||||
| 15 | "Domestic crime" means any crime attempted or committed | ||||||
| 16 | between a victim and offender who have a domestic relationship, | ||||||
| 17 | both current and past. | ||||||
| 18 | "Hate crime" has the same meaning as defined under Section | ||||||
| 19 | 12-7.1 of the Criminal Code of 2012. | ||||||
| 20 | "Law enforcement agency" means an agency of this State or | ||||||
| 21 | unit of local government which is vested by law or ordinance | ||||||
| 22 | with the duty to maintain public order and to enforce criminal | ||||||
| 23 | law or ordinances. | ||||||
| 24 | "Law enforcement officer" or "officer" means any officer, | ||||||
| 25 | agent, or employee of this State or a unit of local government | ||||||
| |||||||
| |||||||
| 1 | authorized by law or by a government agency to engage in or | ||||||
| 2 | supervise the prevention, detection, or investigation of any | ||||||
| 3 | violation of criminal law, or authorized by law to supervise | ||||||
| 4 | accused persons or sentenced criminal offenders.
| ||||||
| 5 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 6 | (50 ILCS 709/5-10)
| ||||||
| 7 | Sec. 5-10. Central repository of crime statistics. The | ||||||
| 8 | Illinois Department of State Police shall be a central | ||||||
| 9 | repository and custodian of crime statistics for the State and | ||||||
| 10 | shall have all the power necessary to carry out the purposes of | ||||||
| 11 | this Act, including the power to demand and receive cooperation | ||||||
| 12 | in the submission of crime statistics from all law enforcement | ||||||
| 13 | agencies. All data and information provided to the Illinois | ||||||
| 14 | State Police Department under this Act must be provided in a | ||||||
| 15 | manner and form prescribed by the Illinois State Police | ||||||
| 16 | Department. On an annual basis, the Illinois State Police | ||||||
| 17 | Department shall make available compilations of crime | ||||||
| 18 | statistics required to be reported by each law enforcement | ||||||
| 19 | agency.
| ||||||
| 20 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 21 | (50 ILCS 709/5-12)
| ||||||
| 22 | Sec. 5-12. Monthly reporting. All law enforcement agencies | ||||||
| 23 | shall submit to the Illinois Department of State Police on a | ||||||
| 24 | monthly basis the following: | ||||||
| |||||||
| |||||||
| 1 | (1) beginning January 1, 2016, a report on any | ||||||
| 2 | arrest-related death that shall include information | ||||||
| 3 | regarding the deceased, the officer, any weapon used by the | ||||||
| 4 | officer or the deceased, and the circumstances of the | ||||||
| 5 | incident. The Illinois State Police Department shall | ||||||
| 6 | submit on a quarterly basis all information collected under | ||||||
| 7 | this paragraph (1) to the Illinois Criminal Justice | ||||||
| 8 | Information Authority, contingent upon updated federal | ||||||
| 9 | guidelines regarding the Uniform Crime Reporting Program; | ||||||
| 10 | (2) beginning January 1, 2017, a report on any instance | ||||||
| 11 | when a law enforcement officer discharges his or her | ||||||
| 12 | firearm causing a non-fatal injury to a person, during the | ||||||
| 13 | performance of his or her official duties or in the line of | ||||||
| 14 | duty; | ||||||
| 15 | (3) a report of incident-based information on hate | ||||||
| 16 | crimes including information describing the offense, | ||||||
| 17 | location of the offense, type of victim, offender, and bias | ||||||
| 18 | motivation. If no hate crime incidents occurred during a | ||||||
| 19 | reporting month, the law enforcement agency must submit a | ||||||
| 20 | no incident record, as required by the Illinois State | ||||||
| 21 | Police Department; | ||||||
| 22 | (4) a report on any incident of an alleged commission | ||||||
| 23 | of a domestic crime, that shall include information | ||||||
| 24 | regarding the victim, offender, date and time of the | ||||||
| 25 | incident, any injury inflicted, any weapons involved in the | ||||||
| 26 | commission of the offense, and the relationship between the | ||||||
| |||||||
| |||||||
| 1 | victim and the offender; | ||||||
| 2 | (5) data on an index of offenses selected by the | ||||||
| 3 | Illinois State Police Department based on the seriousness | ||||||
| 4 | of the offense, frequency of occurrence of the offense, and | ||||||
| 5 | likelihood of being reported to law enforcement. The data | ||||||
| 6 | shall include the number of index crime offenses committed | ||||||
| 7 | and number of associated arrests; and | ||||||
| 8 | (6) data on offenses and incidents reported by schools | ||||||
| 9 | to local law enforcement. The data shall include offenses | ||||||
| 10 | defined as an attack against school personnel, | ||||||
| 11 | intimidation offenses, drug incidents, and incidents | ||||||
| 12 | involving weapons.
| ||||||
| 13 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 14 | (50 ILCS 709/5-15)
| ||||||
| 15 | Sec. 5-15. Supplemental homicide reporting. Beginning | ||||||
| 16 | July 1, 2016, each law enforcement agency shall submit to the | ||||||
| 17 | Illinois State Police Department incident-based information on | ||||||
| 18 | any criminal homicide. The data shall be provided quarterly by | ||||||
| 19 | law enforcement agencies containing information as specified | ||||||
| 20 | by the Illinois State Police Department.
| ||||||
| 21 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 22 | (50 ILCS 709/5-20)
| ||||||
| 23 | Sec. 5-20. Reporting compliance. The Illinois Department | ||||||
| 24 | of State Police shall annually report to the Illinois Law | ||||||
| |||||||
| |||||||
| 1 | Enforcement Training Standards Board any law enforcement | ||||||
| 2 | agency not in compliance with the reporting requirements under | ||||||
| 3 | this Act. A law enforcement agency's compliance with the | ||||||
| 4 | reporting requirements under this Act shall be a factor | ||||||
| 5 | considered by the Illinois Law Enforcement Training Standards | ||||||
| 6 | Board in awarding grant funding under the Law Enforcement | ||||||
| 7 | Camera Grant Act.
| ||||||
| 8 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 9 | (50 ILCS 709/5-30)
| ||||||
| 10 | Sec. 5-30. Rulemaking authority. The Illinois State Police | ||||||
| 11 | Department is vested with the full power to adopt and prescribe | ||||||
| 12 | reasonable rules for the purpose of administering the | ||||||
| 13 | provisions of this Act and conditions under which all data is | ||||||
| 14 | collected.
| ||||||
| 15 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 16 | Section 400. The Missing Persons Identification Act is | ||||||
| 17 | amended by changing Sections 5, 10, 15, and 20 as follows:
| ||||||
| 18 | (50 ILCS 722/5) | ||||||
| 19 | (Text of Section before amendment by P.A. 101-266) | ||||||
| 20 | Sec. 5. Missing person reports. | ||||||
| 21 | (a) Report acceptance. All law enforcement agencies shall | ||||||
| 22 | accept without delay any report of a missing person. Acceptance | ||||||
| 23 | of a missing person report filed in person may not be refused | ||||||
| |||||||
| |||||||
| 1 | on any ground. No law enforcement agency may refuse to accept a | ||||||
| 2 | missing person report: | ||||||
| 3 | (1) on the basis that the missing person is an adult; | ||||||
| 4 | (2) on the basis that the circumstances do not indicate | ||||||
| 5 | foul play; | ||||||
| 6 | (3) on the basis that the person has been missing for a | ||||||
| 7 | short period of time; | ||||||
| 8 | (4) on the basis that the person has been missing a | ||||||
| 9 | long period of time; | ||||||
| 10 | (5) on the basis that there is no indication that the | ||||||
| 11 | missing person was in the jurisdiction served by the law | ||||||
| 12 | enforcement agency at the time of the disappearance; | ||||||
| 13 | (6) on the basis that the circumstances suggest that | ||||||
| 14 | the disappearance may be voluntary; | ||||||
| 15 | (7) on the basis that the reporting individual does not | ||||||
| 16 | have personal knowledge of the facts; | ||||||
| 17 | (8) on the basis that the reporting individual cannot | ||||||
| 18 | provide all of the information requested by the law | ||||||
| 19 | enforcement agency; | ||||||
| 20 | (9) on the basis that the reporting individual lacks a | ||||||
| 21 | familial or other relationship with the missing person; | ||||||
| 22 | (9-5) on the basis of the missing person's mental state | ||||||
| 23 | or medical condition; or | ||||||
| 24 | (10) for any other reason. | ||||||
| 25 | (b) Manner of reporting. All law enforcement agencies shall | ||||||
| 26 | accept missing person reports in person. Law enforcement | ||||||
| |||||||
| |||||||
| 1 | agencies are encouraged to accept reports by phone or by | ||||||
| 2 | electronic or other media to the extent that such reporting is | ||||||
| 3 | consistent with law enforcement policies or practices. | ||||||
| 4 | (c) Contents of report. In accepting a report of a missing | ||||||
| 5 | person, the law enforcement agency shall attempt to gather | ||||||
| 6 | relevant information relating to the disappearance. The law | ||||||
| 7 | enforcement agency shall attempt to gather at the time of the | ||||||
| 8 | report information that shall include, but shall not be limited | ||||||
| 9 | to, the following: | ||||||
| 10 | (1) the name of the missing person, including | ||||||
| 11 | alternative names used; | ||||||
| 12 | (2) the missing person's date of birth; | ||||||
| 13 | (3) the missing person's identifying marks, such as | ||||||
| 14 | birthmarks, moles, tattoos, and scars; | ||||||
| 15 | (4) the missing person's height and weight; | ||||||
| 16 | (5) the missing person's gender; | ||||||
| 17 | (6) the missing person's race; | ||||||
| 18 | (7) the missing person's current hair color and true or | ||||||
| 19 | natural hair color; | ||||||
| 20 | (8) the missing person's eye color; | ||||||
| 21 | (9) the missing person's prosthetics, surgical | ||||||
| 22 | implants, or cosmetic implants; | ||||||
| 23 | (10) the missing person's physical anomalies; | ||||||
| 24 | (11) the missing person's blood type, if known; | ||||||
| 25 | (12) the missing person's driver's license number, if | ||||||
| 26 | known; | ||||||
| |||||||
| |||||||
| 1 | (13) the missing person's social security number, if | ||||||
| 2 | known; | ||||||
| 3 | (14) a photograph of the missing person; recent | ||||||
| 4 | photographs are preferable and the agency is encouraged to | ||||||
| 5 | attempt to ascertain the approximate date the photograph | ||||||
| 6 | was taken; | ||||||
| 7 | (15) a description of the clothing the missing person | ||||||
| 8 | was believed to be wearing; | ||||||
| 9 | (16) a description of items that might be with the | ||||||
| 10 | missing person, such as jewelry, accessories, and shoes or | ||||||
| 11 | boots; | ||||||
| 12 | (17) information on the missing person's electronic | ||||||
| 13 | communications devices, such as cellular telephone numbers | ||||||
| 14 | and e-mail addresses; | ||||||
| 15 | (18) the reasons why the reporting individual believes | ||||||
| 16 | that the person is missing; | ||||||
| 17 | (19)
the name and location of the missing person's | ||||||
| 18 | school or employer, if known;
| ||||||
| 19 | (20) the name and location of the missing person's | ||||||
| 20 | dentist or primary care physician or provider, or both, if | ||||||
| 21 | known; | ||||||
| 22 | (21) any circumstances that may indicate that the | ||||||
| 23 | disappearance was not voluntary; | ||||||
| 24 | (22) any circumstances that may indicate that the | ||||||
| 25 | missing person may be at risk of injury or death; | ||||||
| 26 | (23) a description of the possible means of | ||||||
| |||||||
| |||||||
| 1 | transportation of the missing person, including make, | ||||||
| 2 | model, color, license number, and Vehicle Identification | ||||||
| 3 | Number of a vehicle; | ||||||
| 4 | (24) any identifying information about a known or | ||||||
| 5 | possible abductor or person last seen with the missing | ||||||
| 6 | person, or both, including: | ||||||
| 7 | (A) name; | ||||||
| 8 | (B) a physical description; | ||||||
| 9 | (C) date of birth; | ||||||
| 10 | (D) identifying marks; | ||||||
| 11 | (E) the description of possible means of | ||||||
| 12 | transportation, including make, model, color, license | ||||||
| 13 | number, and Vehicle Identification Number of a | ||||||
| 14 | vehicle; | ||||||
| 15 | (F) known associates; | ||||||
| 16 | (25) any other information that may aid in locating the | ||||||
| 17 | missing person; and | ||||||
| 18 | (26) the date of last contact. | ||||||
| 19 | (d) Notification and follow up action. | ||||||
| 20 | (1) Notification. The law enforcement agency shall | ||||||
| 21 | notify the person making the report, a family member, or | ||||||
| 22 | other person in a position to assist the law enforcement | ||||||
| 23 | agency in its efforts to locate the missing person of the | ||||||
| 24 | following: | ||||||
| 25 | (A) general information about the handling of the | ||||||
| 26 | missing person case or about intended efforts in the | ||||||
| |||||||
| |||||||
| 1 | case to the extent that the law enforcement agency | ||||||
| 2 | determines that disclosure would not adversely affect | ||||||
| 3 | its ability to locate or protect the missing person or | ||||||
| 4 | to apprehend or prosecute any person criminally | ||||||
| 5 | involved in the disappearance; | ||||||
| 6 | (B) that the person should promptly contact the law | ||||||
| 7 | enforcement agency if the missing person remains | ||||||
| 8 | missing in order to provide additional information and | ||||||
| 9 | materials that will aid in locating the missing person | ||||||
| 10 | such as the missing person's credit cards, debit cards, | ||||||
| 11 | banking information, and cellular telephone records; | ||||||
| 12 | and | ||||||
| 13 | (C) that any DNA samples provided for the missing | ||||||
| 14 | person case are provided on a voluntary basis and will | ||||||
| 15 | be used solely to help locate or identify the missing | ||||||
| 16 | person and will not be used for any other purpose. | ||||||
| 17 | The law enforcement agency, upon acceptance of a | ||||||
| 18 | missing person report, shall inform the reporting citizen | ||||||
| 19 | of one of 2 resources, based upon the age of the missing | ||||||
| 20 | person. If the missing person is under 18 years of age, | ||||||
| 21 | contact information for the National Center for Missing and | ||||||
| 22 | Exploited Children shall be given. If the missing person is | ||||||
| 23 | age 18 or older, contact information for the National | ||||||
| 24 | Center for Missing Adults shall be given. | ||||||
| 25 | Agencies handling the remains of a missing person who | ||||||
| 26 | is deceased must notify the agency handling the missing | ||||||
| |||||||
| |||||||
| 1 | person's case. Documented efforts must be made to locate | ||||||
| 2 | family members of the deceased person to inform them of the | ||||||
| 3 | death and location of the remains of their family member. | ||||||
| 4 | The law enforcement agency is encouraged to make | ||||||
| 5 | available informational materials, through publications or | ||||||
| 6 | electronic or other media, that advise the public about how | ||||||
| 7 | the information or materials identified in this subsection | ||||||
| 8 | are used to help locate or identify missing persons. | ||||||
| 9 | (2) Follow up action. If the person identified in the | ||||||
| 10 | missing person report remains missing after 30 days, and | ||||||
| 11 | the additional information and materials specified below | ||||||
| 12 | have not been received, the law enforcement agency shall | ||||||
| 13 | attempt to obtain: | ||||||
| 14 | (A) DNA samples from family members or from the | ||||||
| 15 | missing person along with any needed documentation, or | ||||||
| 16 | both, including any consent forms, required for the use | ||||||
| 17 | of State or federal DNA databases, including, but not | ||||||
| 18 | limited to, the Local DNA Index System (LDIS), State | ||||||
| 19 | DNA Index System (SDIS), and National DNA Index System | ||||||
| 20 | (NDIS); | ||||||
| 21 | (B) an authorization to release dental or skeletal | ||||||
| 22 | x-rays of the missing person; | ||||||
| 23 | (C) any additional photographs of the missing | ||||||
| 24 | person that may aid the investigation or an | ||||||
| 25 | identification; the law enforcement agency is not | ||||||
| 26 | required to obtain written authorization before it | ||||||
| |||||||
| |||||||
| 1 | releases publicly any photograph that would aid in the | ||||||
| 2 | investigation or identification of the missing person; | ||||||
| 3 | (D) dental information and x-rays; and | ||||||
| 4 | (E) fingerprints. | ||||||
| 5 | (3) All DNA samples obtained in missing person cases | ||||||
| 6 | shall be immediately forwarded to the Illinois Department | ||||||
| 7 | of State Police for analysis. The Illinois Department of | ||||||
| 8 | State Police shall establish procedures for determining | ||||||
| 9 | how to prioritize analysis of the samples relating to | ||||||
| 10 | missing person cases. | ||||||
| 11 | (4) This subsection shall not be interpreted to | ||||||
| 12 | preclude a law enforcement agency from attempting to obtain | ||||||
| 13 | the materials identified in this subsection before the | ||||||
| 14 | expiration of the 30-day period.
| ||||||
| 15 | (Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17.)
| ||||||
| 16 | (Text of Section after amendment by P.A. 101-266) | ||||||
| 17 | Sec. 5. Missing person reports. | ||||||
| 18 | (a) Report acceptance. All law enforcement agencies shall | ||||||
| 19 | accept without delay any report of a missing person and may | ||||||
| 20 | attempt to obtain a DNA sample from the missing person or a DNA | ||||||
| 21 | reference sample created from family members' DNA samples for | ||||||
| 22 | submission under paragraph (1) of subsection (c) of Section 10. | ||||||
| 23 | Acceptance of a missing person report filed in person may not | ||||||
| 24 | be refused on any ground. No law enforcement agency may refuse | ||||||
| 25 | to accept a missing person report: | ||||||
| |||||||
| |||||||
| 1 | (1) on the basis that the missing person is an adult; | ||||||
| 2 | (2) on the basis that the circumstances do not indicate | ||||||
| 3 | foul play; | ||||||
| 4 | (3) on the basis that the person has been missing for a | ||||||
| 5 | short period of time; | ||||||
| 6 | (4) on the basis that the person has been missing a | ||||||
| 7 | long period of time; | ||||||
| 8 | (5) on the basis that there is no indication that the | ||||||
| 9 | missing person was in the jurisdiction served by the law | ||||||
| 10 | enforcement agency at the time of the disappearance; | ||||||
| 11 | (6) on the basis that the circumstances suggest that | ||||||
| 12 | the disappearance may be voluntary; | ||||||
| 13 | (7) on the basis that the reporting individual does not | ||||||
| 14 | have personal knowledge of the facts; | ||||||
| 15 | (8) on the basis that the reporting individual cannot | ||||||
| 16 | provide all of the information requested by the law | ||||||
| 17 | enforcement agency; | ||||||
| 18 | (9) on the basis that the reporting individual lacks a | ||||||
| 19 | familial or other relationship with the missing person; | ||||||
| 20 | (9-5) on the basis of the missing person's mental state | ||||||
| 21 | or medical condition; or | ||||||
| 22 | (10) for any other reason. | ||||||
| 23 | (b) Manner of reporting. All law enforcement agencies shall | ||||||
| 24 | accept missing person reports in person. Law enforcement | ||||||
| 25 | agencies are encouraged to accept reports by phone or by | ||||||
| 26 | electronic or other media to the extent that such reporting is | ||||||
| |||||||
| |||||||
| 1 | consistent with law enforcement policies or practices. | ||||||
| 2 | (c) Contents of report. In accepting a report of a missing | ||||||
| 3 | person, the law enforcement agency shall attempt to gather | ||||||
| 4 | relevant information relating to the disappearance. The law | ||||||
| 5 | enforcement agency shall attempt to gather at the time of the | ||||||
| 6 | report information that shall include, but shall not be limited | ||||||
| 7 | to, the following: | ||||||
| 8 | (1) the name of the missing person, including | ||||||
| 9 | alternative names used; | ||||||
| 10 | (2) the missing person's date of birth; | ||||||
| 11 | (3) the missing person's identifying marks, such as | ||||||
| 12 | birthmarks, moles, tattoos, and scars; | ||||||
| 13 | (4) the missing person's height and weight; | ||||||
| 14 | (5) the missing person's gender; | ||||||
| 15 | (6) the missing person's race; | ||||||
| 16 | (7) the missing person's current hair color and true or | ||||||
| 17 | natural hair color; | ||||||
| 18 | (8) the missing person's eye color; | ||||||
| 19 | (9) the missing person's prosthetics, surgical | ||||||
| 20 | implants, or cosmetic implants; | ||||||
| 21 | (10) the missing person's physical anomalies; | ||||||
| 22 | (11) the missing person's blood type, if known; | ||||||
| 23 | (12) the missing person's driver's license number, if | ||||||
| 24 | known; | ||||||
| 25 | (13) the missing person's social security number, if | ||||||
| 26 | known; | ||||||
| |||||||
| |||||||
| 1 | (14) a photograph of the missing person; recent | ||||||
| 2 | photographs are preferable and the agency is encouraged to | ||||||
| 3 | attempt to ascertain the approximate date the photograph | ||||||
| 4 | was taken; | ||||||
| 5 | (15) a description of the clothing the missing person | ||||||
| 6 | was believed to be wearing; | ||||||
| 7 | (16) a description of items that might be with the | ||||||
| 8 | missing person, such as jewelry, accessories, and shoes or | ||||||
| 9 | boots; | ||||||
| 10 | (17) information on the missing person's electronic | ||||||
| 11 | communications devices, such as cellular telephone numbers | ||||||
| 12 | and e-mail addresses; | ||||||
| 13 | (18) the reasons why the reporting individual believes | ||||||
| 14 | that the person is missing; | ||||||
| 15 | (19)
the name and location of the missing person's | ||||||
| 16 | school or employer, if known;
| ||||||
| 17 | (20) the name and location of the missing person's | ||||||
| 18 | dentist or primary care physician or provider, or both, if | ||||||
| 19 | known; | ||||||
| 20 | (21) any circumstances that may indicate that the | ||||||
| 21 | disappearance was not voluntary; | ||||||
| 22 | (22) any circumstances that may indicate that the | ||||||
| 23 | missing person may be at risk of injury or death; | ||||||
| 24 | (23) a description of the possible means of | ||||||
| 25 | transportation of the missing person, including make, | ||||||
| 26 | model, color, license number, and Vehicle Identification | ||||||
| |||||||
| |||||||
| 1 | Number of a vehicle; | ||||||
| 2 | (24) any identifying information about a known or | ||||||
| 3 | possible abductor or person last seen with the missing | ||||||
| 4 | person, or both, including: | ||||||
| 5 | (A) name; | ||||||
| 6 | (B) a physical description; | ||||||
| 7 | (C) date of birth; | ||||||
| 8 | (D) identifying marks; | ||||||
| 9 | (E) the description of possible means of | ||||||
| 10 | transportation, including make, model, color, license | ||||||
| 11 | number, and Vehicle Identification Number of a | ||||||
| 12 | vehicle; | ||||||
| 13 | (F) known associates; | ||||||
| 14 | (25) any other information that may aid in locating the | ||||||
| 15 | missing person; and | ||||||
| 16 | (26) the date of last contact. | ||||||
| 17 | (d) Notification and follow up action. | ||||||
| 18 | (1) Notification. The law enforcement agency shall | ||||||
| 19 | notify the person making the report, a family member, or | ||||||
| 20 | other person in a position to assist the law enforcement | ||||||
| 21 | agency in its efforts to locate the missing person of the | ||||||
| 22 | following: | ||||||
| 23 | (A) general information about the handling of the | ||||||
| 24 | missing person case or about intended efforts in the | ||||||
| 25 | case to the extent that the law enforcement agency | ||||||
| 26 | determines that disclosure would not adversely affect | ||||||
| |||||||
| |||||||
| 1 | its ability to locate or protect the missing person or | ||||||
| 2 | to apprehend or prosecute any person criminally | ||||||
| 3 | involved in the disappearance; | ||||||
| 4 | (B) that the person should promptly contact the law | ||||||
| 5 | enforcement agency if the missing person remains | ||||||
| 6 | missing in order to provide additional information and | ||||||
| 7 | materials that will aid in locating the missing person | ||||||
| 8 | such as the missing person's credit cards, debit cards, | ||||||
| 9 | banking information, and cellular telephone records; | ||||||
| 10 | and | ||||||
| 11 | (C) that any DNA samples provided for the missing | ||||||
| 12 | person case are provided on a voluntary basis and will | ||||||
| 13 | be used solely to help locate or identify the missing | ||||||
| 14 | person and will not be used for any other purpose. | ||||||
| 15 | The law enforcement agency, upon acceptance of a | ||||||
| 16 | missing person report, shall inform the reporting citizen | ||||||
| 17 | of one of 2 resources, based upon the age of the missing | ||||||
| 18 | person. If the missing person is under 18 years of age, | ||||||
| 19 | contact information for the National Center for Missing and | ||||||
| 20 | Exploited Children shall be given. If the missing person is | ||||||
| 21 | age 18 or older, contact information for the National | ||||||
| 22 | Missing and Unidentified Persons System (NamUs) | ||||||
| 23 | organization shall be given. | ||||||
| 24 | The law enforcement agency is encouraged to make | ||||||
| 25 | available informational materials, through publications or | ||||||
| 26 | electronic or other media, that advise the public about how | ||||||
| |||||||
| |||||||
| 1 | the information or materials identified in this subsection | ||||||
| 2 | are used to help locate or identify missing persons. | ||||||
| 3 | (2) Follow up action. If the person identified in the | ||||||
| 4 | missing person report remains missing after 30 days, but | ||||||
| 5 | not more than 60 days, the law enforcement agency may | ||||||
| 6 | generate a report of the missing person within the National | ||||||
| 7 | Missing and Unidentified Persons System (NamUs), and the | ||||||
| 8 | law enforcement agency may attempt to obtain the additional | ||||||
| 9 | information and materials that have not been received, | ||||||
| 10 | specified below: | ||||||
| 11 | (A) DNA samples from family members or from the | ||||||
| 12 | missing person along with any needed documentation, or | ||||||
| 13 | both, including any consent forms, required for the use | ||||||
| 14 | of State or federal DNA databases, including, but not | ||||||
| 15 | limited to, the Local DNA Index System (LDIS), State | ||||||
| 16 | DNA Index System (SDIS), National DNA Index System | ||||||
| 17 | (NDIS), and National Missing and Unidentified Persons | ||||||
| 18 | System (NamUs) partner laboratories; | ||||||
| 19 | (B) an authorization to release dental or skeletal | ||||||
| 20 | x-rays of the missing person; | ||||||
| 21 | (C) any additional photographs of the missing | ||||||
| 22 | person that may aid the investigation or an | ||||||
| 23 | identification; the law enforcement agency is not | ||||||
| 24 | required to obtain written authorization before it | ||||||
| 25 | releases publicly any photograph that would aid in the | ||||||
| 26 | investigation or identification of the missing person; | ||||||
| |||||||
| |||||||
| 1 | (D) dental information and x-rays; and | ||||||
| 2 | (E) fingerprints. | ||||||
| 3 | (3) Samples collected for DNA analysis may be submitted | ||||||
| 4 | to a National Missing and Unidentified Persons System | ||||||
| 5 | (NamUs) partner laboratory or other resource where DNA | ||||||
| 6 | profiles are entered into local, State, and national DNA | ||||||
| 7 | Index Systems within 60 days. The Illinois Department of | ||||||
| 8 | State Police shall establish procedures for determining | ||||||
| 9 | how to prioritize analysis of the samples relating to | ||||||
| 10 | missing person cases. All DNA samples obtained in missing | ||||||
| 11 | person cases from family members of the missing person may | ||||||
| 12 | not be retained after
the location or identification of the | ||||||
| 13 | remains of the
missing person unless there is a search | ||||||
| 14 | warrant signed by a
court of competent jurisdiction. | ||||||
| 15 | (4) This subsection shall not be interpreted to | ||||||
| 16 | preclude a law enforcement agency from attempting to obtain | ||||||
| 17 | the materials identified in this subsection before the | ||||||
| 18 | expiration of the 30-day period. The responsible law | ||||||
| 19 | enforcement agency may make a National Missing and | ||||||
| 20 | Unidentified Persons System (NamUs) report on the missing | ||||||
| 21 | person within 60 days after the report of the disappearance | ||||||
| 22 | of the missing person. | ||||||
| 23 | (5) Law enforcement agencies are encouraged to | ||||||
| 24 | establish written protocols for the handling of missing | ||||||
| 25 | person cases to accomplish the purposes of this Act.
| ||||||
| 26 | (Source: P.A. 101-266, eff. 1-1-21.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 722/10) | ||||||
| 2 | (Text of Section before amendment by P.A. 101-266)
| ||||||
| 3 | Sec. 10. Law enforcement analysis and reporting of missing | ||||||
| 4 | person information. | ||||||
| 5 | (a) Prompt determination of high-risk missing person. | ||||||
| 6 | (1) Definition. "High-risk missing person" means a | ||||||
| 7 | person whose whereabouts are not currently known and whose | ||||||
| 8 | circumstances indicate that the person may be at risk of | ||||||
| 9 | injury or death. The circumstances that indicate that a | ||||||
| 10 | person is a high-risk missing person include, but are not | ||||||
| 11 | limited to, any of the following: | ||||||
| 12 | (A) the person is missing as a result of a stranger | ||||||
| 13 | abduction; | ||||||
| 14 | (B) the person is missing under suspicious | ||||||
| 15 | circumstances; | ||||||
| 16 | (C) the person is missing under unknown | ||||||
| 17 | circumstances; | ||||||
| 18 | (D) the person is missing under known dangerous | ||||||
| 19 | circumstances; | ||||||
| 20 | (E) the person is missing more than 30 days; | ||||||
| 21 | (F) the person has already been designated as a | ||||||
| 22 | high-risk missing person by another law enforcement | ||||||
| 23 | agency; | ||||||
| 24 | (G) there is evidence that the person is at risk | ||||||
| 25 | because: | ||||||
| |||||||
| |||||||
| 1 | (i) the person is in need of medical attention, | ||||||
| 2 | including but not limited to persons with | ||||||
| 3 | dementia-like symptoms, or prescription | ||||||
| 4 | medication; | ||||||
| 5 | (ii) the person does not have a pattern of | ||||||
| 6 | running away or disappearing; | ||||||
| 7 | (iii) the person may have been abducted by a | ||||||
| 8 | non-custodial parent; | ||||||
| 9 | (iv) the person is mentally impaired, | ||||||
| 10 | including, but not limited to, a person having a | ||||||
| 11 | developmental disability, as defined in Section | ||||||
| 12 | 1-106 of the Mental Health and Developmental | ||||||
| 13 | Disabilities Code, or a person having an | ||||||
| 14 | intellectual disability, as defined in Section | ||||||
| 15 | 1-116 of the Mental Health and Developmental | ||||||
| 16 | Disabilities Code; | ||||||
| 17 | (v) the person is under the age of 21; | ||||||
| 18 | (vi) the person has been the subject of past | ||||||
| 19 | threats or acts of violence; | ||||||
| 20 | (vii) the person has eloped from a nursing | ||||||
| 21 | home; | ||||||
| 22 | (G-5) the person is a veteran or active duty member | ||||||
| 23 | of the United States Armed Forces, the National Guard, | ||||||
| 24 | or any reserve component of the United States Armed | ||||||
| 25 | Forces who is believed to have a physical or mental | ||||||
| 26 | health condition that is related to his or her service; | ||||||
| |||||||
| |||||||
| 1 | or | ||||||
| 2 | (H) any other factor that may, in the judgment of | ||||||
| 3 | the law enforcement official, indicate that the | ||||||
| 4 | missing person may be at risk. | ||||||
| 5 | (2) Law enforcement risk assessment. | ||||||
| 6 | (A) Upon initial receipt of a missing person | ||||||
| 7 | report, the law enforcement agency shall immediately | ||||||
| 8 | determine whether there is a basis to determine that | ||||||
| 9 | the missing person is a high-risk missing person. | ||||||
| 10 | (B) If a law enforcement agency has previously | ||||||
| 11 | determined that a missing person is not a high-risk | ||||||
| 12 | missing person, but obtains new information, it shall | ||||||
| 13 | immediately determine whether the information | ||||||
| 14 | indicates that the missing person is a high-risk | ||||||
| 15 | missing person. | ||||||
| 16 | (C) Law enforcement agencies are encouraged to | ||||||
| 17 | establish written protocols for the handling of | ||||||
| 18 | missing person cases to accomplish the purposes of this | ||||||
| 19 | Act. | ||||||
| 20 | (3) Law enforcement agency reports. | ||||||
| 21 | (A) The responding local law enforcement agency | ||||||
| 22 | shall immediately enter all collected information | ||||||
| 23 | relating to the missing person case in the Law | ||||||
| 24 | Enforcement Agencies Data System (LEADS) and the | ||||||
| 25 | National Crime Information Center (NCIC) databases. | ||||||
| 26 | The information shall be provided in accordance with | ||||||
| |||||||
| |||||||
| 1 | applicable guidelines relating to the databases. The | ||||||
| 2 | information shall be entered as follows: | ||||||
| 3 | (i) All appropriate DNA profiles, as | ||||||
| 4 | determined by the Illinois Department of State | ||||||
| 5 | Police, shall be uploaded into the missing person | ||||||
| 6 | databases of the State DNA Index System (SDIS) and | ||||||
| 7 | National DNA Index System (NDIS) after completion | ||||||
| 8 | of the DNA analysis and other procedures required | ||||||
| 9 | for database entry. | ||||||
| 10 | (ii) Information relevant to the Federal | ||||||
| 11 | Bureau of Investigation's Violent Criminal | ||||||
| 12 | Apprehension Program shall be entered as soon as | ||||||
| 13 | possible. | ||||||
| 14 | (iii) The Illinois Department of State Police | ||||||
| 15 | shall ensure that persons entering data relating | ||||||
| 16 | to medical or dental records in State or federal | ||||||
| 17 | databases are specifically trained to understand | ||||||
| 18 | and correctly enter the information sought by | ||||||
| 19 | these databases. The Illinois Department of State | ||||||
| 20 | Police shall either use a person with specific | ||||||
| 21 | expertise in
medical or dental records for this | ||||||
| 22 | purpose or consult with a chief medical examiner, | ||||||
| 23 | forensic anthropologist, or odontologist to ensure | ||||||
| 24 | the accuracy and completeness of information | ||||||
| 25 | entered into the State and federal databases.
| ||||||
| 26 | (B) The Illinois Department of State Police shall | ||||||
| |||||||
| |||||||
| 1 | immediately notify all law enforcement agencies within | ||||||
| 2 | this State and the surrounding region of the | ||||||
| 3 | information that will aid in the prompt location and | ||||||
| 4 | safe return of the high-risk missing person. | ||||||
| 5 | (C) The local law enforcement agencies that | ||||||
| 6 | receive the notification from the Illinois Department | ||||||
| 7 | of State Police shall notify officers to be on the | ||||||
| 8 | lookout for the missing person or a suspected abductor. | ||||||
| 9 | (D) Pursuant to any applicable State criteria, | ||||||
| 10 | local law enforcement agencies shall also provide for | ||||||
| 11 | the prompt use of an Amber Alert in cases involving | ||||||
| 12 | abducted children; or use of the Endangered Missing | ||||||
| 13 | Person Advisory in appropriate high risk cases.
| ||||||
| 14 | (Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19; | ||||||
| 15 | 100-835, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 16 | (Text of Section after amendment by P.A. 101-266) | ||||||
| 17 | Sec. 10. Law enforcement analysis and reporting of missing | ||||||
| 18 | person information. | ||||||
| 19 | (a) Prompt determination and definition of a high-risk | ||||||
| 20 | missing person. | ||||||
| 21 | (1) Definition. "High-risk missing person" means a | ||||||
| 22 | person whose whereabouts are not currently known and whose | ||||||
| 23 | circumstances indicate that the person may be at risk of | ||||||
| 24 | injury or death. The circumstances that indicate that a | ||||||
| 25 | person is a high-risk missing person include, but are not | ||||||
| |||||||
| |||||||
| 1 | limited to, any of the following: | ||||||
| 2 | (A) the person is missing as a result of a stranger | ||||||
| 3 | abduction; | ||||||
| 4 | (B) the person is missing under suspicious | ||||||
| 5 | circumstances; | ||||||
| 6 | (C) the person is missing under unknown | ||||||
| 7 | circumstances; | ||||||
| 8 | (D) the person is missing under known dangerous | ||||||
| 9 | circumstances; | ||||||
| 10 | (E) the person is missing more than 30 days; | ||||||
| 11 | (F) the person has already been designated as a | ||||||
| 12 | high-risk missing person by another law enforcement | ||||||
| 13 | agency; | ||||||
| 14 | (G) there is evidence that the person is at risk | ||||||
| 15 | because: | ||||||
| 16 | (i) the person is in need of medical attention, | ||||||
| 17 | including but not limited to persons with | ||||||
| 18 | dementia-like symptoms, or prescription | ||||||
| 19 | medication; | ||||||
| 20 | (ii) the person does not have a pattern of | ||||||
| 21 | running away or disappearing; | ||||||
| 22 | (iii) the person may have been abducted by a | ||||||
| 23 | non-custodial parent; | ||||||
| 24 | (iv) the person is mentally impaired, | ||||||
| 25 | including, but not limited to, a person having a | ||||||
| 26 | developmental disability, as defined in Section | ||||||
| |||||||
| |||||||
| 1 | 1-106 of the Mental Health and Developmental | ||||||
| 2 | Disabilities Code, or a person having an | ||||||
| 3 | intellectual disability, as defined in Section | ||||||
| 4 | 1-116 of the Mental Health and Developmental | ||||||
| 5 | Disabilities Code; | ||||||
| 6 | (v) the person is under the age of 21; | ||||||
| 7 | (vi) the person has been the subject of past | ||||||
| 8 | threats or acts of violence; | ||||||
| 9 | (vii) the person has eloped from a nursing | ||||||
| 10 | home; | ||||||
| 11 | (G-5) the person is a veteran or active duty member | ||||||
| 12 | of the United States Armed Forces, the National Guard, | ||||||
| 13 | or any reserve component of the United States Armed | ||||||
| 14 | Forces who is believed to have a physical or mental | ||||||
| 15 | health condition that is related to his or her service; | ||||||
| 16 | or | ||||||
| 17 | (H) any other factor that may, in the judgment of | ||||||
| 18 | the law enforcement official, indicate that the | ||||||
| 19 | missing person may be at risk. | ||||||
| 20 | (b) Law enforcement risk assessment. | ||||||
| 21 | (1) Upon initial receipt of a missing person report, | ||||||
| 22 | the law enforcement agency shall immediately determine | ||||||
| 23 | whether there is a basis to determine that the missing | ||||||
| 24 | person is a high-risk missing person. | ||||||
| 25 | (2) If a law enforcement agency has previously | ||||||
| 26 | determined that a missing person is not a high-risk missing | ||||||
| |||||||
| |||||||
| 1 | person, but obtains new information, it shall immediately | ||||||
| 2 | determine whether the information indicates that the | ||||||
| 3 | missing person is a high-risk missing person. | ||||||
| 4 | (3) Law enforcement agencies are encouraged to | ||||||
| 5 | establish written protocols for the handling of missing | ||||||
| 6 | person cases to accomplish the purposes of this Act. | ||||||
| 7 | (c) Law enforcement reporting. | ||||||
| 8 | (1) The responding local law enforcement agency shall | ||||||
| 9 | immediately enter all collected information relating to | ||||||
| 10 | the missing person case in the Law Enforcement Agencies | ||||||
| 11 | Data System (LEADS) and the National Crime Information | ||||||
| 12 | Center (NCIC) databases and the National Missing and | ||||||
| 13 | Unidentified Persons System (NamUs) within 45 days after | ||||||
| 14 | the receipt of the report, or in the case of a high risk | ||||||
| 15 | missing person, within 30 days after the receipt of the | ||||||
| 16 | report. If the DNA sample submission is to a National | ||||||
| 17 | Missing and Unidentified Persons System (NamUs) partner | ||||||
| 18 | laboratory, the DNA profile may be uploaded by the partner | ||||||
| 19 | laboratory to the National DNA Index System (NDIS). A | ||||||
| 20 | packet submission of all relevant reports and DNA samples | ||||||
| 21 | may be sent to the National Missing and Unidentified | ||||||
| 22 | Persons System (NamUs) within 30 days for any high-risk | ||||||
| 23 | missing person cases. The information shall be provided in | ||||||
| 24 | accordance with applicable guidelines relating to the | ||||||
| 25 | databases. The information shall be entered as follows: | ||||||
| 26 | (A) If Illinois Department of State Police | ||||||
| |||||||
| |||||||
| 1 | laboratories are utilized in lieu of National Missing | ||||||
| 2 | and Unidentified Persons System (NamUs) partner | ||||||
| 3 | laboratories, all appropriate DNA profiles, as | ||||||
| 4 | determined by the Illinois Department of State Police, | ||||||
| 5 | shall be uploaded into the missing person databases of | ||||||
| 6 | the State DNA Index System (SDIS) and National DNA | ||||||
| 7 | Index System (NDIS) after completion of the DNA | ||||||
| 8 | analysis and other procedures required for database | ||||||
| 9 | entry. The responding local law enforcement agency may | ||||||
| 10 | submit any DNA samples voluntarily obtained from | ||||||
| 11 | family members to a National Missing and Unidentified | ||||||
| 12 | Persons System (NamUs) partner laboratory for DNA | ||||||
| 13 | analysis within 30 days. A notation of DNA submission | ||||||
| 14 | may be made within the National Missing and | ||||||
| 15 | Unidentified Persons System (NamUs) record. | ||||||
| 16 | (B) Information relevant to the Federal Bureau of | ||||||
| 17 | Investigation's Violent Criminal Apprehension Program | ||||||
| 18 | shall be entered as soon as possible. | ||||||
| 19 | (C) The Illinois Department of State Police shall | ||||||
| 20 | ensure that persons entering data relating to medical | ||||||
| 21 | or dental records in State or federal databases are | ||||||
| 22 | specifically trained to understand and correctly enter | ||||||
| 23 | the information sought by these databases. The | ||||||
| 24 | Illinois Department of State Police shall either use a | ||||||
| 25 | person with specific expertise in
medical or dental | ||||||
| 26 | records for this purpose or consult with a chief | ||||||
| |||||||
| |||||||
| 1 | medical examiner, forensic anthropologist, or | ||||||
| 2 | odontologist to ensure the accuracy and completeness | ||||||
| 3 | of information entered into the State and federal | ||||||
| 4 | databases.
| ||||||
| 5 | (2) The Illinois Department of State Police shall | ||||||
| 6 | immediately notify all law enforcement agencies within | ||||||
| 7 | this State and the surrounding region of the information | ||||||
| 8 | that will aid in the prompt location and safe return of the | ||||||
| 9 | high-risk missing person. | ||||||
| 10 | (3) The local law enforcement agencies that receive the | ||||||
| 11 | notification from the Illinois Department of State Police | ||||||
| 12 | shall notify officers to be on the lookout for the missing | ||||||
| 13 | person or a suspected abductor. | ||||||
| 14 | (4) Pursuant to any applicable State criteria, local | ||||||
| 15 | law enforcement agencies shall also provide for the prompt | ||||||
| 16 | use of an Amber Alert in cases involving abducted children; | ||||||
| 17 | or use of the Endangered Missing Person Advisory in | ||||||
| 18 | appropriate high risk cases.
| ||||||
| 19 | (Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19; | ||||||
| 20 | 100-835, eff. 1-1-19; 101-81, eff. 7-12-19; 101-266, eff. | ||||||
| 21 | 1-1-21.)
| ||||||
| 22 | (50 ILCS 722/15)
| ||||||
| 23 | Sec. 15. Reporting of unidentified persons and human | ||||||
| 24 | remains. | ||||||
| 25 | (a) Handling of death scene investigations. | ||||||
| |||||||
| |||||||
| 1 | (1) The Illinois Department of State Police shall | ||||||
| 2 | provide information to local law enforcement agencies | ||||||
| 3 | about best practices for handling death scene | ||||||
| 4 | investigations. | ||||||
| 5 | (2) The Illinois Department of State Police shall | ||||||
| 6 | identify any publications or training opportunities that | ||||||
| 7 | may be available to local law enforcement agencies or law | ||||||
| 8 | enforcement officers and coroners and medical examiners | ||||||
| 9 | concerning the handling of death scene investigations. | ||||||
| 10 | (b) Law enforcement reports. | ||||||
| 11 | (1) Before performing any death scene investigation | ||||||
| 12 | deemed appropriate under the circumstances, the official | ||||||
| 13 | with custody of the human remains shall ensure that the | ||||||
| 14 | coroner or medical examiner of the county in which the | ||||||
| 15 | deceased was found has been notified. | ||||||
| 16 | (2) Any coroner or medical examiner with custody of | ||||||
| 17 | human remains that are not identified within 24 hours of | ||||||
| 18 | discovery shall promptly notify the Illinois Department of | ||||||
| 19 | State Police of the location of those remains. | ||||||
| 20 | (3) If the coroner or medical examiner with custody of | ||||||
| 21 | remains cannot determine whether or not the remains found | ||||||
| 22 | are human, the coroner or medical examiner shall notify the | ||||||
| 23 | Illinois Department of State Police of the existence of | ||||||
| 24 | possible human remains.
| ||||||
| 25 | (Source: P.A. 95-192, eff. 8-16-07.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 722/20) | ||||||
| 2 | Sec. 20. Unidentified persons or human remains | ||||||
| 3 | identification responsibilities. | ||||||
| 4 | (a) In this Section, "assisting law enforcement agency" | ||||||
| 5 | means a law enforcement agency with jurisdiction acting under | ||||||
| 6 | the request and direction of the medical examiner or coroner to | ||||||
| 7 | assist with human remains identification. | ||||||
| 8 | (a-5) If the official with custody of the human remains is | ||||||
| 9 | not a coroner or medical
examiner, the official shall | ||||||
| 10 | immediately notify the coroner or medical examiner of the | ||||||
| 11 | county in which the remains were found.
The coroner or medical | ||||||
| 12 | examiner shall go to the scene and take charge of the remains. | ||||||
| 13 | (b) Notwithstanding any other action deemed appropriate | ||||||
| 14 | for the handling of
the human remains, the assisting law | ||||||
| 15 | enforcement agency, medical examiner, or coroner shall make | ||||||
| 16 | reasonable attempts
to promptly identify human remains. This | ||||||
| 17 | does not include historic or prehistoric skeletal remains. | ||||||
| 18 | These actions shall include, but
are not limited to, obtaining | ||||||
| 19 | the following when possible:
| ||||||
| 20 | (1) photographs of the human remains (prior to an | ||||||
| 21 | autopsy); | ||||||
| 22 | (2) dental and skeletal X-rays; | ||||||
| 23 | (3) photographs of items found on or with the human | ||||||
| 24 | remains; | ||||||
| 25 | (4) fingerprints from the remains; | ||||||
| 26 | (5) tissue samples suitable for DNA analysis; | ||||||
| |||||||
| |||||||
| 1 | (6) (blank); and | ||||||
| 2 | (7) any other information that may support | ||||||
| 3 | identification efforts. | ||||||
| 4 | (c) No medical examiner or coroner or any other person | ||||||
| 5 | shall dispose of, or engage in
actions that will materially | ||||||
| 6 | affect the unidentified human remains before
the assisting law | ||||||
| 7 | enforcement agency, medical examiner, or coroner obtains items | ||||||
| 8 | essential for human identification efforts listed in | ||||||
| 9 | subsection (b) of this Section.
| ||||||
| 10 | (d) Cremation of unidentified human remains is prohibited. | ||||||
| 11 | (e) (Blank).
| ||||||
| 12 | (f) The assisting law enforcement agency, medical | ||||||
| 13 | examiner, or coroner shall seek support from appropriate State
| ||||||
| 14 | and federal agencies, including National Missing and | ||||||
| 15 | Unidentified Persons System resources to facilitate prompt | ||||||
| 16 | identification of human remains. This
support may include, but | ||||||
| 17 | is not limited to, fingerprint comparison; forensic | ||||||
| 18 | odontology; nuclear or mitochondrial DNA analysis, or both; and | ||||||
| 19 | forensic anthropology.
| ||||||
| 20 | (f-5) Fingerprints from the unidentified remains, | ||||||
| 21 | including partial prints, shall be submitted to the Illinois | ||||||
| 22 | Department of State Police or other resource for the purpose of | ||||||
| 23 | attempting to identify the deceased. The coroner or medical | ||||||
| 24 | examiner shall cause a dental examination to be performed by a | ||||||
| 25 | forensic odontologist for the purpose of dental charting, | ||||||
| 26 | comparison to missing person records, or both. Tissue samples | ||||||
| |||||||
| |||||||
| 1 | collected for DNA analysis shall be submitted within 30 days of | ||||||
| 2 | the recovery of the remains to a National Missing and | ||||||
| 3 | Unidentified Persons System partner laboratory or other | ||||||
| 4 | resource where DNA profiles are entered into the National DNA | ||||||
| 5 | Index System upon completion of testing. Forensic | ||||||
| 6 | anthropological analysis of the remains shall also be | ||||||
| 7 | considered. | ||||||
| 8 | (g) (Blank).
| ||||||
| 9 | (g-2) The medical examiner or coroner shall report the | ||||||
| 10 | unidentified human remains and the location where the remains | ||||||
| 11 | were found to the Illinois Department of State Police within 24 | ||||||
| 12 | hours of discovery as mandated by Section 15 of this Act. The | ||||||
| 13 | assisting law enforcement agency, medical examiner, or coroner | ||||||
| 14 | shall contact the Illinois Department of State Police to | ||||||
| 15 | request the creation of a National Crime Information Center | ||||||
| 16 | Unidentified Person record within 5 days of the discovery of | ||||||
| 17 | the remains. The assisting law enforcement agency, medical | ||||||
| 18 | examiner, or coroner shall provide the Illinois Department of | ||||||
| 19 | State Police all information required for National Crime | ||||||
| 20 | Information Center entry. Upon notification, the Illinois | ||||||
| 21 | Department of State Police shall create the Unidentified Person | ||||||
| 22 | record without unnecessary delay. | ||||||
| 23 | (g-5) The assisting law enforcement agency, medical | ||||||
| 24 | examiner, or coroner shall obtain a National Crime Information | ||||||
| 25 | Center number from the Illinois Department of State Police to | ||||||
| 26 | verify entry and maintain this number within the unidentified | ||||||
| |||||||
| |||||||
| 1 | human remains case file. A National Crime Information Center | ||||||
| 2 | Unidentified Person record shall remain on file indefinitely or | ||||||
| 3 | until action is taken by the originating agency to clear or | ||||||
| 4 | cancel the record. The assisting law enforcement agency, | ||||||
| 5 | medical examiner, or coroner shall notify the Illinois | ||||||
| 6 | Department of State Police of necessary record modifications or | ||||||
| 7 | cancellation if identification is made. | ||||||
| 8 | (h) (Blank).
| ||||||
| 9 | (h-5) The assisting law enforcement agency, medical | ||||||
| 10 | examiner, or coroner shall create an unidentified person record | ||||||
| 11 | in the National Missing and Unidentified Persons System prior | ||||||
| 12 | to the submission of samples or within 30 days of the discovery | ||||||
| 13 | of the remains, if no identification has been made. The entry | ||||||
| 14 | shall include all available case information including | ||||||
| 15 | fingerprint data and dental charts. Samples shall be submitted | ||||||
| 16 | to a National Missing and Unidentified Persons System partner | ||||||
| 17 | laboratory for DNA analysis within 30 Days. A notation of DNA | ||||||
| 18 | submission shall be made within the National Missing and | ||||||
| 19 | Unidentified Persons System Unidentified Person record. | ||||||
| 20 | (i) Nothing in this Act shall be interpreted to preclude | ||||||
| 21 | any assisting law enforcement agency, medical examiner, | ||||||
| 22 | coroner, or the Illinois Department of State Police from | ||||||
| 23 | pursuing other efforts to identify
human remains including | ||||||
| 24 | efforts to publicize information, descriptions, or
photographs | ||||||
| 25 | related to the investigation.
| ||||||
| 26 | (j) For historic or prehistoric human skeletal remains | ||||||
| |||||||
| |||||||
| 1 | determined by an anthropologist to be older than 100 years, | ||||||
| 2 | jurisdiction shall be transferred to the Department of Natural | ||||||
| 3 | Resources for further investigation under the Archaeological | ||||||
| 4 | and Paleontological Resources Protection Act. | ||||||
| 5 | (Source: P.A. 100-901, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 6 | Section 410. The Police and Community Relations | ||||||
| 7 | Improvement Act is amended by changing Section 1-10 as follows:
| ||||||
| 8 | (50 ILCS 727/1-10)
| ||||||
| 9 | Sec. 1-10. Investigation of officer-involved deaths; | ||||||
| 10 | requirements.
| ||||||
| 11 | (a) Each law enforcement agency shall have a written policy | ||||||
| 12 | regarding the investigation of officer-involved deaths that | ||||||
| 13 | involve a law enforcement officer employed by that law | ||||||
| 14 | enforcement agency. | ||||||
| 15 | (b) Each officer-involved death investigation shall be | ||||||
| 16 | conducted by at least 2 investigators, or an entity or agency | ||||||
| 17 | comprised of at least 2 investigators, one of whom is the lead | ||||||
| 18 | investigator. The lead investigator shall be a person certified | ||||||
| 19 | by the Illinois Law Enforcement Training Standards Board as a | ||||||
| 20 | Lead Homicide Investigator, or similar training approved by the | ||||||
| 21 | Illinois Law Enforcement Training Standards Board or the | ||||||
| 22 | Illinois Department of State Police, or similar training | ||||||
| 23 | provided at an Illinois Law Enforcement Training Standards | ||||||
| 24 | Board certified school. No
investigator involved in the | ||||||
| |||||||
| |||||||
| 1 | investigation may be employed by the law enforcement agency | ||||||
| 2 | that employs the officer involved in the officer-involved | ||||||
| 3 | death, unless the investigator is employed by the Illinois | ||||||
| 4 | Department of State Police and is not assigned to the same | ||||||
| 5 | division or unit as the officer involved in the death. | ||||||
| 6 | (c) In addition to the requirements of subsection (b) of | ||||||
| 7 | this Section, if the officer-involved death being investigated | ||||||
| 8 | involves a motor vehicle accident, at least one investigator | ||||||
| 9 | shall be certified by the Illinois Law Enforcement Training | ||||||
| 10 | Standards Board as a Crash Reconstruction Specialist, or | ||||||
| 11 | similar training approved by the Illinois Law Enforcement | ||||||
| 12 | Training Standards Board or the Illinois Department of State | ||||||
| 13 | Police, or similar training provided at an Illinois Law | ||||||
| 14 | Enforcement Training Standards Board certified school. | ||||||
| 15 | Notwithstanding the requirements of subsection (b) of this | ||||||
| 16 | Section, the policy for a law enforcement agency, when the | ||||||
| 17 | officer-involved death being investigated involves a motor | ||||||
| 18 | vehicle collision, may allow the use of an investigator who is | ||||||
| 19 | employed by that law enforcement agency and who is certified by | ||||||
| 20 | the Illinois Law Enforcement Training Standards Board as a | ||||||
| 21 | Crash Reconstruction Specialist, or similar training approved | ||||||
| 22 | by the Illinois Law Enforcement Training and Standards Board, | ||||||
| 23 | or similar certified training approved by the Illinois | ||||||
| 24 | Department of State Police, or similar training provided at an | ||||||
| 25 | Illinois Law Enforcement Training and Standards Board | ||||||
| 26 | certified school. | ||||||
| |||||||
| |||||||
| 1 | (d) The investigators conducting the investigation shall, | ||||||
| 2 | in an expeditious manner, provide a complete report to the | ||||||
| 3 | State's Attorney of the county in which the officer-involved | ||||||
| 4 | death occurred. | ||||||
| 5 | (e) If the State's Attorney, or a designated special | ||||||
| 6 | prosecutor, determines there is no basis to prosecute the law | ||||||
| 7 | enforcement officer involved in the officer-involved death, or | ||||||
| 8 | if the law enforcement officer is not otherwise charged or | ||||||
| 9 | indicted, the investigators shall publicly release a report.
| ||||||
| 10 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 11 | Section 415. The Emergency Telephone System Act is amended | ||||||
| 12 | by changing Sections 2, 7, 8, 10, 12, 15.1, 15.4b, 15.5, 15.6, | ||||||
| 13 | 15.6a, 15.6b, 17.5, 19, 20, 30, 40, 50, 55, 75, and 80 as | ||||||
| 14 | follows:
| ||||||
| 15 | (50 ILCS 750/2) (from Ch. 134, par. 32)
| ||||||
| 16 | (Section scheduled to be repealed on December 31, 2020)
| ||||||
| 17 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 18 | context otherwise requires: | ||||||
| 19 | "9-1-1 network" means the network used for the delivery of | ||||||
| 20 | 9-1-1 calls and messages over dedicated and redundant | ||||||
| 21 | facilities to a primary or backup 9-1-1 PSAP that meets P.01 | ||||||
| 22 | grade of service standards for basic 9-1-1 and enhanced 9-1-1 | ||||||
| 23 | services or meets national I3 industry call delivery standards | ||||||
| 24 | for Next Generation 9-1-1 services. | ||||||
| |||||||
| |||||||
| 1 | "9-1-1 system" means the geographic area that has been | ||||||
| 2 | granted an order of authority by the Commission or the | ||||||
| 3 | Statewide 9-1-1 Administrator to use "9-1-1" as the primary | ||||||
| 4 | emergency telephone number. | ||||||
| 5 | "9-1-1 Authority" includes an Emergency Telephone System | ||||||
| 6 | Board, Joint Emergency Telephone System Board, and a qualified | ||||||
| 7 | governmental entity. "9-1-1 Authority" includes the Illinois | ||||||
| 8 | Department of State Police only to the extent it provides 9-1-1 | ||||||
| 9 | services under this Act. | ||||||
| 10 | "Administrator" means the Statewide 9-1-1 Administrator. | ||||||
| 11 | "Advanced service" means any telecommunications service | ||||||
| 12 | with or without dynamic bandwidth allocation, including, but | ||||||
| 13 | not limited to, ISDN Primary Rate Interface (PRI), that, | ||||||
| 14 | through the use of a DS-1, T-1, or other un-channelized or | ||||||
| 15 | multi-channel transmission facility, is capable of | ||||||
| 16 | transporting either the subscriber's inter-premises voice | ||||||
| 17 | telecommunications services to the public switched network or | ||||||
| 18 | the subscriber's 9-1-1 calls to the public agency. | ||||||
| 19 | "ALI" or "automatic location identification" means, in an | ||||||
| 20 | E9-1-1 system, the automatic display at the public safety | ||||||
| 21 | answering point of the caller's telephone number, the address | ||||||
| 22 | or location of the telephone, and supplementary emergency | ||||||
| 23 | services information. | ||||||
| 24 | "ANI" or "automatic number identification" means the | ||||||
| 25 | automatic display of the 9-1-1 calling party's number on the | ||||||
| 26 | PSAP monitor. | ||||||
| |||||||
| |||||||
| 1 | "Automatic alarm" and "automatic alerting device" mean any | ||||||
| 2 | device that will access the 9-1-1 system for emergency services | ||||||
| 3 | upon activation. | ||||||
| 4 | "Backup PSAP" means a public safety answering point that | ||||||
| 5 | serves as an alternate to the PSAP for enhanced systems and is | ||||||
| 6 | at a different location and operates independently from the | ||||||
| 7 | PSAP. A backup PSAP may accept overflow calls from the PSAP or | ||||||
| 8 | be activated if the primary PSAP is disabled. | ||||||
| 9 | "Board" means an Emergency Telephone System Board or a | ||||||
| 10 | Joint Emergency Telephone System Board created pursuant to | ||||||
| 11 | Section 15.4. | ||||||
| 12 | "Carrier" includes a telecommunications carrier and a | ||||||
| 13 | wireless carrier. | ||||||
| 14 | "Commission" means the Illinois Commerce Commission. | ||||||
| 15 | "Computer aided dispatch" or "CAD" means a computer-based | ||||||
| 16 | system that aids PSAP telecommunicators by automating selected | ||||||
| 17 | dispatching and recordkeeping activities. | ||||||
| 18 | "Direct dispatch method" means a 9-1-1 service that | ||||||
| 19 | provides for the direct dispatch by a PSAP telecommunicator of | ||||||
| 20 | the appropriate unit upon receipt of an emergency call and the | ||||||
| 21 | decision as to the proper action to be taken. | ||||||
| 22 | "Department" means the Department of State Police. | ||||||
| 23 | "DS-1, T-1, or similar un-channelized or multi-channel | ||||||
| 24 | transmission facility" means a facility that can transmit and | ||||||
| 25 | receive a bit rate of at least 1.544 megabits per second | ||||||
| 26 | (Mbps). | ||||||
| |||||||
| |||||||
| 1 | "Dynamic bandwidth allocation" means the ability of the | ||||||
| 2 | facility or customer to drop and add channels, or adjust | ||||||
| 3 | bandwidth, when needed in real time for voice or data purposes. | ||||||
| 4 | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that | ||||||
| 5 | includes network switching, database and PSAP premise elements | ||||||
| 6 | capable of providing automatic location identification data, | ||||||
| 7 | selective routing, selective transfer, fixed transfer, and a | ||||||
| 8 | call back number, including any enhanced 9-1-1 service so | ||||||
| 9 | designated by the Federal Communications Commission in its | ||||||
| 10 | report and order in WC Dockets Nos. 04-36 and 05-196, or any | ||||||
| 11 | successor proceeding. | ||||||
| 12 | "ETSB" means an emergency telephone system board appointed | ||||||
| 13 | by the corporate authorities of any county or municipality that | ||||||
| 14 | provides for the management and operation of a 9-1-1 system. | ||||||
| 15 | "Hearing-impaired individual" means a person with a | ||||||
| 16 | permanent hearing loss who can regularly and routinely | ||||||
| 17 | communicate by telephone only through the aid of devices which | ||||||
| 18 | can send and receive written messages over the telephone | ||||||
| 19 | network. | ||||||
| 20 | "Hosted supplemental 9-1-1 service" means a database | ||||||
| 21 | service that: | ||||||
| 22 | (1) electronically provides information to 9-1-1 call | ||||||
| 23 | takers when a call is placed to 9-1-1; | ||||||
| 24 | (2) allows telephone subscribers to provide | ||||||
| 25 | information to 9-1-1 to be used in emergency scenarios; | ||||||
| 26 | (3) collects a variety of formatted data relevant to | ||||||
| |||||||
| |||||||
| 1 | 9-1-1 and first responder needs, which may include, but is | ||||||
| 2 | not limited to, photographs of the telephone subscribers, | ||||||
| 3 | physical descriptions, medical information, household | ||||||
| 4 | data, and emergency contacts; | ||||||
| 5 | (4) allows for information to be entered by telephone | ||||||
| 6 | subscribers through a secure website where they can elect | ||||||
| 7 | to provide as little or as much information as they choose; | ||||||
| 8 | (5) automatically displays data provided by telephone | ||||||
| 9 | subscribers to 9-1-1 call takers for all types of | ||||||
| 10 | telephones when a call is placed to 9-1-1 from a registered | ||||||
| 11 | and confirmed phone number; | ||||||
| 12 | (6) supports the delivery of telephone subscriber | ||||||
| 13 | information through a secure internet connection to all | ||||||
| 14 | emergency telephone system boards; | ||||||
| 15 | (7) works across all 9-1-1 call taking equipment and | ||||||
| 16 | allows for the easy transfer of information into a computer | ||||||
| 17 | aided dispatch system; and | ||||||
| 18 | (8) may be used to collect information pursuant to an | ||||||
| 19 | Illinois Premise Alert Program as defined in the Illinois | ||||||
| 20 | Premise Alert Program (PAP) Act. | ||||||
| 21 | "Interconnected voice over Internet protocol provider" or | ||||||
| 22 | "Interconnected VoIP provider" has the meaning given to that | ||||||
| 23 | term under Section 13-235 of the Public Utilities Act. | ||||||
| 24 | "Joint ETSB" means a Joint Emergency Telephone System Board | ||||||
| 25 | established by intergovernmental agreement of two or more | ||||||
| 26 | municipalities or counties, or a combination thereof, to | ||||||
| |||||||
| |||||||
| 1 | provide for the management and operation of a 9-1-1 system. | ||||||
| 2 | "Local public agency" means any unit of local government or | ||||||
| 3 | special purpose district located in whole or in part within | ||||||
| 4 | this State that provides or has authority to provide | ||||||
| 5 | firefighting, police, ambulance, medical, or other emergency | ||||||
| 6 | services. | ||||||
| 7 | "Mechanical dialer" means any device that either manually | ||||||
| 8 | or remotely triggers a dialing device to access the 9-1-1 | ||||||
| 9 | system. | ||||||
| 10 | "Master Street Address Guide" or "MSAG" is a database of | ||||||
| 11 | street names and house ranges within their associated | ||||||
| 12 | communities defining emergency service zones (ESZs) and their | ||||||
| 13 | associated emergency service numbers (ESNs) to enable proper | ||||||
| 14 | routing of 9-1-1 calls. | ||||||
| 15 | "Mobile telephone number" or "MTN" means the telephone | ||||||
| 16 | number assigned to a wireless telephone at the time of initial | ||||||
| 17 | activation. | ||||||
| 18 | "Network connections" means the number of voice grade | ||||||
| 19 | communications channels directly between a subscriber and a | ||||||
| 20 | telecommunications carrier's public switched network, without | ||||||
| 21 | the intervention of any other telecommunications carrier's | ||||||
| 22 | switched network, which would be required to carry the | ||||||
| 23 | subscriber's inter-premises traffic and which connection | ||||||
| 24 | either (1) is capable of providing access through the public | ||||||
| 25 | switched network to a 9-1-1 Emergency Telephone System, if one | ||||||
| 26 | exists, or (2) if no system exists at the time a surcharge is | ||||||
| |||||||
| |||||||
| 1 | imposed under Section 15.3, that would be capable of providing | ||||||
| 2 | access through the public switched network to the local 9-1-1 | ||||||
| 3 | Emergency Telephone System if one existed. Where multiple voice | ||||||
| 4 | grade communications channels are connected to a | ||||||
| 5 | telecommunications carrier's public switched network through a | ||||||
| 6 | private branch exchange (PBX) service, there shall be | ||||||
| 7 | determined to be one network connection for each trunk line | ||||||
| 8 | capable of transporting either the subscriber's inter-premises | ||||||
| 9 | traffic to the public switched network or the subscriber's | ||||||
| 10 | 9-1-1 calls to the public agency. Where multiple voice grade | ||||||
| 11 | communications channels are connected to a telecommunications | ||||||
| 12 | carrier's public switched network through centrex type | ||||||
| 13 | service, the number of network connections shall be equal to | ||||||
| 14 | the number of PBX trunk equivalents for the subscriber's | ||||||
| 15 | service or other multiple voice grade communication channels | ||||||
| 16 | facility, as determined by reference to any generally | ||||||
| 17 | applicable exchange access service tariff filed by the | ||||||
| 18 | subscriber's telecommunications carrier with the Commission. | ||||||
| 19 | "Network costs" means those recurring costs that directly | ||||||
| 20 | relate to the operation of the 9-1-1 network as determined by | ||||||
| 21 | the Statewide 9-1-1 Administrator with the advice of the | ||||||
| 22 | Statewide 9-1-1 Advisory Board, which may include, but need not | ||||||
| 23 | be limited to, some or all of the following: costs for | ||||||
| 24 | interoffice trunks, selective routing charges, transfer lines | ||||||
| 25 | and toll charges for 9-1-1 services, Automatic Location | ||||||
| 26 | Information (ALI) database charges, independent local exchange | ||||||
| |||||||
| |||||||
| 1 | carrier charges and non-system provider charges, carrier | ||||||
| 2 | charges for third party database for on-site customer premises | ||||||
| 3 | equipment, back-up PSAP trunks for non-system providers, | ||||||
| 4 | periodic database updates as provided by carrier (also known as | ||||||
| 5 | "ALI data dump"), regional ALI storage charges, circuits for | ||||||
| 6 | call delivery (fiber or circuit connection), NG9-1-1 costs, and | ||||||
| 7 | all associated fees, taxes, and surcharges on each invoice. | ||||||
| 8 | "Network costs" shall not include radio circuits or toll | ||||||
| 9 | charges that are other than for 9-1-1 services. | ||||||
| 10 | "Next generation 9-1-1" or "NG9-1-1" means an Internet | ||||||
| 11 | Protocol-based (IP-based) system comprised of managed ESInets, | ||||||
| 12 | functional elements and applications, and databases that | ||||||
| 13 | replicate traditional E9-1-1 features and functions and | ||||||
| 14 | provide additional capabilities. "NG9-1-1" systems are | ||||||
| 15 | designed to provide access to emergency services from all | ||||||
| 16 | connected communications sources, and provide multimedia data | ||||||
| 17 | capabilities for PSAPs and other emergency services | ||||||
| 18 | organizations. | ||||||
| 19 | "NG9-1-1 costs" means those recurring costs that directly | ||||||
| 20 | relate to the Next Generation 9-1-1 service as determined by | ||||||
| 21 | the Statewide 9-1-1 Advisory Board, including, but not limited | ||||||
| 22 | to, costs for Emergency System Routing Proxy (ESRP), Emergency | ||||||
| 23 | Call Routing Function/Location Validation Function (ECRF/LVF), | ||||||
| 24 | Spatial Information Function (SIF), the Border Control | ||||||
| 25 | Function (BCF), and the Emergency Services Internet Protocol | ||||||
| 26 | networks (ESInets), legacy network gateways, and all | ||||||
| |||||||
| |||||||
| 1 | associated fees, taxes, and surcharges on each invoice. | ||||||
| 2 | "Private branch exchange" or "PBX" means a private | ||||||
| 3 | telephone system and associated equipment located on the user's | ||||||
| 4 | property that provides communications between internal | ||||||
| 5 | stations and external networks. | ||||||
| 6 | "Private business switch service" means network and | ||||||
| 7 | premises based systems including a VoIP, Centrex type service, | ||||||
| 8 | or PBX service, even though key telephone systems or equivalent | ||||||
| 9 | telephone systems registered with the Federal Communications | ||||||
| 10 | Commission under 47 C.F.R. Part 68 are directly connected to | ||||||
| 11 | Centrex type and PBX systems. "Private business switch service" | ||||||
| 12 | does not include key telephone systems or equivalent telephone | ||||||
| 13 | systems registered with the Federal Communications Commission | ||||||
| 14 | under 47 C.F.R. Part 68 when not used in conjunction with a | ||||||
| 15 | VoIP, Centrex type, or PBX systems. "Private business switch | ||||||
| 16 | service" typically includes, but is not limited to, private | ||||||
| 17 | businesses, corporations, and industries where the | ||||||
| 18 | telecommunications service is primarily for conducting | ||||||
| 19 | business. | ||||||
| 20 | "Private residential switch service" means network and | ||||||
| 21 | premise based systems including a VoIP, Centrex type service, | ||||||
| 22 | or PBX service or key telephone systems or equivalent telephone | ||||||
| 23 | systems registered with the Federal Communications Commission | ||||||
| 24 | under 47 C.F.R. Part 68 that are directly connected to a VoIP, | ||||||
| 25 | Centrex type service, or PBX systems equipped for switched | ||||||
| 26 | local network connections or 9-1-1 system access to residential | ||||||
| |||||||
| |||||||
| 1 | end users through a private telephone switch. "Private | ||||||
| 2 | residential switch service" does not include key telephone | ||||||
| 3 | systems or equivalent telephone systems registered with the | ||||||
| 4 | Federal Communications Commission under 47 C.F.R. Part 68 when | ||||||
| 5 | not used in conjunction with a VoIP, Centrex type, or PBX | ||||||
| 6 | systems. "Private residential switch service" typically | ||||||
| 7 | includes, but is not limited to, apartment complexes, | ||||||
| 8 | condominiums, and campus or university environments where | ||||||
| 9 | shared tenant service is provided and where the usage of the | ||||||
| 10 | telecommunications service is primarily residential. | ||||||
| 11 | "Public agency" means the State, and any unit of local | ||||||
| 12 | government or special purpose district located in whole or in | ||||||
| 13 | part within this State, that provides or has authority to | ||||||
| 14 | provide firefighting, police, ambulance, medical, or other | ||||||
| 15 | emergency services. | ||||||
| 16 | "Public safety agency" means a functional division of a | ||||||
| 17 | public agency that provides firefighting, police, medical, or | ||||||
| 18 | other emergency services to respond to and manage emergency | ||||||
| 19 | incidents. For the purpose of providing wireless service to | ||||||
| 20 | users of 9-1-1 emergency services, as expressly provided for in | ||||||
| 21 | this Act, the Illinois Department of State Police may be | ||||||
| 22 | considered a public safety agency. | ||||||
| 23 | "Public safety answering point" or "PSAP" is a set of | ||||||
| 24 | call-takers authorized by a governing body and operating under | ||||||
| 25 | common management that receive 9-1-1 calls and asynchronous | ||||||
| 26 | event notifications for a defined geographic area and processes | ||||||
| |||||||
| |||||||
| 1 | those calls and events according to a specified operational | ||||||
| 2 | policy. | ||||||
| 3 | "Qualified governmental entity" means a unit of local | ||||||
| 4 | government authorized to provide 9-1-1 services pursuant to | ||||||
| 5 | this Act where no emergency telephone system board exists. | ||||||
| 6 | "Referral method" means a 9-1-1 service in which the PSAP | ||||||
| 7 | telecommunicator provides the calling party with the telephone | ||||||
| 8 | number of the appropriate public safety agency or other | ||||||
| 9 | provider of emergency services. | ||||||
| 10 | "Regular service" means any telecommunications service, | ||||||
| 11 | other than advanced service, that is capable of transporting | ||||||
| 12 | either the subscriber's inter-premises voice | ||||||
| 13 | telecommunications services to the public switched network or | ||||||
| 14 | the subscriber's 9-1-1 calls to the public agency. | ||||||
| 15 | "Relay method" means a 9-1-1 service in which the PSAP | ||||||
| 16 | telecommunicator takes the pertinent information from a caller | ||||||
| 17 | and relays that information to the appropriate public safety | ||||||
| 18 | agency or other provider of emergency services. | ||||||
| 19 | "Remit period" means the billing period, one month in | ||||||
| 20 | duration, for which a wireless carrier remits a surcharge and | ||||||
| 21 | provides subscriber information by zip code to the Illinois | ||||||
| 22 | State Police Department, in accordance with Section 20 of this | ||||||
| 23 | Act. | ||||||
| 24 | "Secondary Answering Point" or "SAP" means a location, | ||||||
| 25 | other than a PSAP, that is able to receive the voice, data, and | ||||||
| 26 | call back number of E9-1-1 or NG9-1-1 emergency calls | ||||||
| |||||||
| |||||||
| 1 | transferred from a PSAP and completes the call taking process | ||||||
| 2 | by dispatching police, medical, fire, or other emergency | ||||||
| 3 | responders. | ||||||
| 4 | "Statewide wireless emergency 9-1-1 system" means all | ||||||
| 5 | areas of the State where an emergency telephone system board | ||||||
| 6 | or, in the absence of an emergency telephone system board, a | ||||||
| 7 | qualified governmental entity, has not declared its intention | ||||||
| 8 | for one or more of its public safety answering points to serve | ||||||
| 9 | as a primary wireless 9-1-1 public safety answering point for | ||||||
| 10 | its jurisdiction. The operator of the statewide wireless | ||||||
| 11 | emergency 9-1-1 system shall be the Illinois Department of | ||||||
| 12 | State Police. | ||||||
| 13 | "System" means the communications equipment and related | ||||||
| 14 | software applications required to produce a response by the | ||||||
| 15 | appropriate emergency public safety agency or other provider of | ||||||
| 16 | emergency services as a result of an emergency call being | ||||||
| 17 | placed to 9-1-1. | ||||||
| 18 | "System provider" means the contracted entity providing | ||||||
| 19 | 9-1-1 network and database services. | ||||||
| 20 | "Telecommunications carrier" means those entities included | ||||||
| 21 | within the definition specified in Section 13-202 of the Public | ||||||
| 22 | Utilities Act, and includes those carriers acting as resellers | ||||||
| 23 | of telecommunications services. "Telecommunications carrier" | ||||||
| 24 | includes telephone systems operating as mutual concerns. | ||||||
| 25 | "Telecommunications carrier" does not include a wireless | ||||||
| 26 | carrier. | ||||||
| |||||||
| |||||||
| 1 | "Telecommunications technology" means equipment that can | ||||||
| 2 | send and receive written messages over the telephone network. | ||||||
| 3 | "Transfer method" means a 9-1-1 service in which the PSAP | ||||||
| 4 | telecommunicator receiving a call transfers that call to the | ||||||
| 5 | appropriate public safety agency or other provider of emergency | ||||||
| 6 | services. | ||||||
| 7 | "Transmitting messages" shall have the meaning given to | ||||||
| 8 | that term under Section 8-11-2 of the Illinois Municipal Code. | ||||||
| 9 | "Trunk line" means a transmission path, or group of | ||||||
| 10 | transmission paths, connecting a subscriber's PBX to a | ||||||
| 11 | telecommunications carrier's public switched network. In the | ||||||
| 12 | case of regular service, each voice grade communications | ||||||
| 13 | channel or equivalent amount of bandwidth capable of | ||||||
| 14 | transporting either the subscriber's inter-premises voice | ||||||
| 15 | telecommunications services to the public switched network or | ||||||
| 16 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
| 17 | considered a trunk line, even if it is bundled with other | ||||||
| 18 | channels or additional bandwidth. In the case of advanced | ||||||
| 19 | service, each DS-1, T-1, or other un-channelized or | ||||||
| 20 | multi-channel transmission facility that is capable of | ||||||
| 21 | transporting either the subscriber's inter-premises voice | ||||||
| 22 | telecommunications services to the public switched network or | ||||||
| 23 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
| 24 | considered a single trunk line, even if it contains multiple | ||||||
| 25 | voice grade communications channels or otherwise supports 2 or | ||||||
| 26 | more voice grade calls at a time; provided, however, that each | ||||||
| |||||||
| |||||||
| 1 | additional increment of up to 24 voice grade channels of | ||||||
| 2 | transmission capacity that is capable of transporting either | ||||||
| 3 | the subscriber's inter-premises voice telecommunications | ||||||
| 4 | services to the public switched network or the subscriber's | ||||||
| 5 | 9-1-1 calls to the public agency shall be considered an | ||||||
| 6 | additional trunk line. | ||||||
| 7 | "Unmanned backup PSAP" means a public safety answering | ||||||
| 8 | point that serves as an alternate to the PSAP at an alternate | ||||||
| 9 | location and is typically unmanned but can be activated if the | ||||||
| 10 | primary PSAP is disabled. | ||||||
| 11 | "Virtual answering point" or "VAP" means a temporary or | ||||||
| 12 | nonpermanent location that is capable of receiving an emergency | ||||||
| 13 | call, contains a fully functional worksite that is not bound to | ||||||
| 14 | a specific location, but rather is portable and scalable, | ||||||
| 15 | connecting emergency call takers or dispatchers to the work | ||||||
| 16 | process, and is capable of completing the call dispatching | ||||||
| 17 | process. | ||||||
| 18 | "Voice-impaired individual" means a person with a | ||||||
| 19 | permanent speech disability which precludes oral | ||||||
| 20 | communication, who can regularly and routinely communicate by | ||||||
| 21 | telephone only through the aid of devices which can send and | ||||||
| 22 | receive written messages over the telephone network. | ||||||
| 23 | "Wireless carrier" means a provider of two-way cellular, | ||||||
| 24 | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | ||||||
| 25 | Mobile Radio Service (CMRS), Wireless Communications Service | ||||||
| 26 | (WCS), or other Commercial Mobile Radio Service (CMRS), as | ||||||
| |||||||
| |||||||
| 1 | defined by the Federal Communications Commission, offering | ||||||
| 2 | radio communications that may provide fixed, mobile, radio | ||||||
| 3 | location, or satellite communication services to individuals | ||||||
| 4 | or businesses within its assigned spectrum block and | ||||||
| 5 | geographical area or that offers real-time, two-way voice | ||||||
| 6 | service that is interconnected with the public switched | ||||||
| 7 | network, including a reseller of such service. | ||||||
| 8 | "Wireless enhanced 9-1-1" means the ability to relay the | ||||||
| 9 | telephone number of the originator of a 9-1-1 call and location | ||||||
| 10 | information from any mobile handset or text telephone device | ||||||
| 11 | accessing the wireless system to the designated wireless public | ||||||
| 12 | safety answering point as set forth in the order of the Federal | ||||||
| 13 | Communications Commission, FCC Docket No. 94-102, adopted June | ||||||
| 14 | 12, 1996, with an effective date of October 1, 1996, and any | ||||||
| 15 | subsequent amendment thereto. | ||||||
| 16 | "Wireless public safety answering point" means the | ||||||
| 17 | functional division of a 9-1-1 authority accepting wireless | ||||||
| 18 | 9-1-1 calls. | ||||||
| 19 | "Wireless subscriber" means an individual or entity to whom | ||||||
| 20 | a wireless service account or number has been assigned by a | ||||||
| 21 | wireless carrier, other than an account or number associated | ||||||
| 22 | with prepaid wireless telecommunication service.
| ||||||
| 23 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 24 | (50 ILCS 750/7) (from Ch. 134, par. 37)
| ||||||
| 25 | (Section scheduled to be repealed on December 31, 2020)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 7.
The General Assembly finds that, because of | ||||||
| 2 | overlapping
jurisdiction of public agencies, public safety | ||||||
| 3 | agencies and telephone
service areas, the Administrator, with | ||||||
| 4 | the advice and recommendation of the Statewide 9-1-1 Advisory | ||||||
| 5 | Board, shall establish a general overview or plan
to effectuate | ||||||
| 6 | the purposes of this Act within the time frame provided in
this | ||||||
| 7 | Act. In order to insure that proper preparation and | ||||||
| 8 | implementation
of emergency telephone systems are accomplished | ||||||
| 9 | by all public agencies as required under this Act, the Illinois | ||||||
| 10 | State Police Department, with the
advice and assistance of
the | ||||||
| 11 | Attorney General, shall secure compliance by public agencies as
| ||||||
| 12 | provided in this Act.
| ||||||
| 13 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 14 | (50 ILCS 750/8) (from Ch. 134, par. 38)
| ||||||
| 15 | (Section scheduled to be repealed on December 31, 2020)
| ||||||
| 16 | Sec. 8.
The Administrator, with the advice and | ||||||
| 17 | recommendation of the Statewide 9-1-1 Advisory Board, shall | ||||||
| 18 | coordinate the implementation of systems established under | ||||||
| 19 | this Act. To assist with this coordination, all systems | ||||||
| 20 | authorized to operate under this Act shall register with the | ||||||
| 21 | Administrator information regarding its composition and | ||||||
| 22 | organization, including, but not limited to, identification of | ||||||
| 23 | all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs. | ||||||
| 24 | The Illinois State Police Department may adopt rules for the | ||||||
| 25 | administration of this Section.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 2 | (50 ILCS 750/10) (from Ch. 134, par. 40) | ||||||
| 3 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 4 | Sec. 10. (a) The Administrator, with the advice and | ||||||
| 5 | recommendation of the Statewide 9-1-1 Advisory Board, shall | ||||||
| 6 | establish uniform technical and operational standards for all | ||||||
| 7 | 9-1-1 systems in Illinois. All findings, orders, decisions, | ||||||
| 8 | rules, and regulations issued or promulgated by the Commission | ||||||
| 9 | under this Act or any other Act establishing or conferring | ||||||
| 10 | power on the Commission with respect to emergency | ||||||
| 11 | telecommunications services, shall continue in force. | ||||||
| 12 | Notwithstanding the provisions of this Section, where | ||||||
| 13 | applicable, the Administrator shall, with the advice and | ||||||
| 14 | recommendation of the Statewide 9-1-1 Advisory Board, amend the | ||||||
| 15 | Commission's findings, orders, decisions, rules, and | ||||||
| 16 | regulations to conform to the specific provisions of this Act | ||||||
| 17 | as soon as practicable after the effective date of this | ||||||
| 18 | amendatory Act of the 99th General Assembly. | ||||||
| 19 | (b) The Illinois State Police Department may adopt | ||||||
| 20 | emergency rules necessary to implement the provisions of this | ||||||
| 21 | amendatory Act of the 99th General Assembly under subsection | ||||||
| 22 | (t) of Section 5-45 of the Illinois Administrative Procedure | ||||||
| 23 | Act. | ||||||
| 24 | (c) Nothing in this Act shall deprive the Commission of any | ||||||
| 25 | authority to regulate the provision by telecommunication | ||||||
| |||||||
| |||||||
| 1 | carriers or 9-1-1 system service providers of | ||||||
| 2 | telecommunication or other services under the Public Utilities | ||||||
| 3 | Act. | ||||||
| 4 | (d) For rules that implicate both the regulation of 9-1-1 | ||||||
| 5 | authorities under this Act and the regulation of | ||||||
| 6 | telecommunication carriers and 9-1-1 system service providers | ||||||
| 7 | under the Public Utilities Act, the Illinois State Police | ||||||
| 8 | Department and the Commission may adopt joint rules necessary | ||||||
| 9 | for implementation. | ||||||
| 10 | (e) Any findings, orders, or decisions of the Administrator | ||||||
| 11 | under this Section shall be deemed a final administrative | ||||||
| 12 | decision and shall be subject to judicial review under the | ||||||
| 13 | Administrative Review Law. | ||||||
| 14 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 15 | (50 ILCS 750/12) (from Ch. 134, par. 42)
| ||||||
| 16 | (Section scheduled to be repealed on December 31, 2020)
| ||||||
| 17 | Sec. 12.
The Attorney General may, on behalf of the | ||||||
| 18 | Illinois State Police Department or on his
own initiative, | ||||||
| 19 | commence judicial proceedings to enforce compliance by any
| ||||||
| 20 | public agency or public utility providing telephone service | ||||||
| 21 | with this Act.
| ||||||
| 22 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 23 | (50 ILCS 750/15.1) (from Ch. 134, par. 45.1)
| ||||||
| 24 | (Section scheduled to be repealed on December 31, 2020)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 15.1. Public body; exemption from civil liability for | ||||||
| 2 | developing or
operating emergency telephone system. | ||||||
| 3 | (a) In no event shall a
public agency, the Commission, the | ||||||
| 4 | Statewide 9-1-1 Advisory Board, the Administrator, the | ||||||
| 5 | Illinois Department of State Police, public safety agency, | ||||||
| 6 | public safety answering point, emergency
telephone system | ||||||
| 7 | board, or unit of local government assuming the duties of an
| ||||||
| 8 | emergency telephone system board, or carrier, or its officers, | ||||||
| 9 | employees, assigns, or agents be liable for any civil damages | ||||||
| 10 | or criminal liability that directly or indirectly results from, | ||||||
| 11 | or is caused by, any act or omission in the development, | ||||||
| 12 | design, installation, operation, maintenance, performance, or | ||||||
| 13 | provision of 9-1-1 service required by this Act, unless the act | ||||||
| 14 | or omission constitutes gross negligence, recklessness, or | ||||||
| 15 | intentional misconduct.
| ||||||
| 16 | A unit of local government, the Commission, the Statewide | ||||||
| 17 | 9-1-1 Advisory Board, the Administrator, the Illinois | ||||||
| 18 | Department of State Police, public safety agency, public safety | ||||||
| 19 | answering point, emergency telephone system board, or carrier, | ||||||
| 20 | or its officers, employees, assigns, or agents, shall not be | ||||||
| 21 | liable for any form of civil damages or criminal liability that | ||||||
| 22 | directly or indirectly results from, or is caused by, the | ||||||
| 23 | release of subscriber information to any governmental entity as | ||||||
| 24 | required under the provisions of this Act, unless the release | ||||||
| 25 | constitutes gross negligence, recklessness, or intentional | ||||||
| 26 | misconduct. | ||||||
| |||||||
| |||||||
| 1 | (b) Exemption from civil liability for emergency | ||||||
| 2 | instructions is as provided
in the Good Samaritan Act.
| ||||||
| 3 | (c) This Section may not be offered as a defense in any | ||||||
| 4 | judicial
proceeding brought by the Attorney General under | ||||||
| 5 | Section 12 to compel
compliance with this Act.
| ||||||
| 6 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 7 | (50 ILCS 750/15.4b) | ||||||
| 8 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 9 | Sec. 15.4b. Consolidation grants. | ||||||
| 10 | (a) The Administrator, with the advice and recommendation | ||||||
| 11 | of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1 | ||||||
| 12 | System Consolidation Grant Program to defray costs associated | ||||||
| 13 | with 9-1-1 system consolidation of systems outside of a | ||||||
| 14 | municipality with a population in excess of 500,000. The | ||||||
| 15 | awarded grants will be used to offset non-recurring costs | ||||||
| 16 | associated with the consolidation of 9-1-1 systems and shall | ||||||
| 17 | not be used for ongoing operating costs associated with the | ||||||
| 18 | consolidated system. The Illinois State Police Department, in | ||||||
| 19 | consultation with the Administrator and the Statewide 9-1-1 | ||||||
| 20 | Advisory Board, shall adopt rules defining the grant process | ||||||
| 21 | and criteria for issuing the grants. The grants should be | ||||||
| 22 | awarded based on criteria that include, but are not limited to: | ||||||
| 23 | (1) reducing the number of transfers of a 9-1-1 call; | ||||||
| 24 | (2) reducing the infrastructure required to adequately | ||||||
| 25 | provide 9-1-1 network services; | ||||||
| |||||||
| |||||||
| 1 | (3) promoting cost savings from resource sharing among | ||||||
| 2 | 9-1-1 systems; | ||||||
| 3 | (4) facilitating interoperability and resiliency for | ||||||
| 4 | the receipt of 9-1-1 calls; | ||||||
| 5 | (5) reducing the number of 9-1-1 systems or reducing | ||||||
| 6 | the number of PSAPs within a 9-1-1 system; | ||||||
| 7 | (6) cost saving resulting from 9-1-1 system | ||||||
| 8 | consolidation; and | ||||||
| 9 | (7) expanding E9-1-1 service coverage as a result of | ||||||
| 10 | 9-1-1 system consolidation including to areas without | ||||||
| 11 | E9-1-1 service. | ||||||
| 12 | Priority shall be given first to counties not providing | ||||||
| 13 | 9-1-1 service as of January 1, 2016, and next to other entities | ||||||
| 14 | consolidating as required under Section 15.4a of this Act. | ||||||
| 15 | (b) The 9-1-1 System Consolidation Grant application, as | ||||||
| 16 | defined by Illinois State Police Department rules, shall be | ||||||
| 17 | submitted electronically to the Administrator starting January | ||||||
| 18 | 2, 2016, and every January 2 thereafter. The application shall | ||||||
| 19 | include a modified 9-1-1 system plan as required by this Act in | ||||||
| 20 | support of the consolidation plan. The Administrator shall have | ||||||
| 21 | until June 30, 2016 and every June 30 thereafter to approve | ||||||
| 22 | 9-1-1 System Consolidation grants and modified 9-1-1 system | ||||||
| 23 | plans. Payment under the approved 9-1-1 System Consolidation | ||||||
| 24 | grants shall be contingent upon the final approval of a | ||||||
| 25 | modified 9-1-1 system plan. | ||||||
| 26 | (c) Existing and previously completed consolidation | ||||||
| |||||||
| |||||||
| 1 | projects shall be eligible to apply for reimbursement of costs | ||||||
| 2 | related to the consolidation incurred between 2010 and the | ||||||
| 3 | State fiscal year of the application. | ||||||
| 4 | (d) The 9-1-1 systems that receive grants under this | ||||||
| 5 | Section shall provide a report detailing grant fund usage to | ||||||
| 6 | the Administrator pursuant to Section 40 of this Act.
| ||||||
| 7 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 8 | (50 ILCS 750/15.5)
| ||||||
| 9 | (Section scheduled to be repealed on December 31, 2020)
| ||||||
| 10 | Sec. 15.5. Private residential switch service 9-1-1
| ||||||
| 11 | service. | ||||||
| 12 | (a) After June 30, 1995, an entity that provides or | ||||||
| 13 | operates private
residential switch service and provides | ||||||
| 14 | telecommunications facilities or
services to residents shall | ||||||
| 15 | provide to those residential end users the same
level of 9-1-1 | ||||||
| 16 | service as the public agency and the telecommunications carrier
| ||||||
| 17 | are providing to other residential end users of the local 9-1-1 | ||||||
| 18 | system. This
service shall include, but not be limited to, the | ||||||
| 19 | capability to identify the
telephone number, extension number, | ||||||
| 20 | and the physical location that is the
source
of the call to the | ||||||
| 21 | number designated as the emergency telephone number.
| ||||||
| 22 | (b) The private residential switch operator is responsible | ||||||
| 23 | for forwarding
end user automatic location identification | ||||||
| 24 | record information to the 9-1-1
system
provider according to | ||||||
| 25 | the format, frequency, and procedures established by that
| ||||||
| |||||||
| |||||||
| 1 | system provider.
| ||||||
| 2 | (c) This Act does not apply to any PBX telephone extension | ||||||
| 3 | that uses radio
transmissions to convey electrical signals | ||||||
| 4 | directly between the telephone
extension and the serving PBX.
| ||||||
| 5 | (d) An entity that violates this Section is guilty of a | ||||||
| 6 | business
offense
and shall be fined not less than $1,000 and | ||||||
| 7 | not more than $5,000.
| ||||||
| 8 | (e) Nothing in this Section shall be
construed to preclude | ||||||
| 9 | the Attorney General on behalf of the Illinois State Police | ||||||
| 10 | Department or on
his or her own initiative, or any other | ||||||
| 11 | interested person, from seeking
judicial relief, by mandamus, | ||||||
| 12 | injunction, or otherwise, to compel compliance
with this | ||||||
| 13 | Section.
| ||||||
| 14 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 15 | (50 ILCS 750/15.6)
| ||||||
| 16 | (Section scheduled to be repealed on December 31, 2020)
| ||||||
| 17 | Sec. 15.6. Enhanced 9-1-1 service; business service.
| ||||||
| 18 | (a) After June 30, 2000, or within 18 months after enhanced | ||||||
| 19 | 9-1-1 service
becomes available, any entity that installs or | ||||||
| 20 | operates a private business
switch service and provides | ||||||
| 21 | telecommunications facilities or services to
businesses shall | ||||||
| 22 | assure that the system is connected to the public switched
| ||||||
| 23 | network in a manner that calls to 9-1-1 result in automatic | ||||||
| 24 | number and location
identification. For buildings having their | ||||||
| 25 | own street address and containing
workspace of 40,000 square | ||||||
| |||||||
| |||||||
| 1 | feet or less, location identification shall include
the | ||||||
| 2 | building's street address. For buildings having their own | ||||||
| 3 | street
address and containing workspace of more than 40,000 | ||||||
| 4 | square feet, location
identification shall include the | ||||||
| 5 | building's street address and one distinct
location | ||||||
| 6 | identification per 40,000 square feet of workspace. Separate
| ||||||
| 7 | buildings containing workspace of 40,000 square feet or less | ||||||
| 8 | having a common
public street address shall have a distinct | ||||||
| 9 | location identification for each
building in addition to the | ||||||
| 10 | street address.
| ||||||
| 11 | (b) Exemptions. Buildings containing workspace of more | ||||||
| 12 | than 40,000 square
feet are exempt from the multiple location | ||||||
| 13 | identification requirements of
subsection (a) if the building | ||||||
| 14 | maintains, at all times, alternative and
adequate means of | ||||||
| 15 | signaling and responding to emergencies. Those means shall
| ||||||
| 16 | include, but not be limited to, a telephone system that | ||||||
| 17 | provides the physical
location of 9-1-1 calls coming from | ||||||
| 18 | within the building. Health care
facilities are presumed to | ||||||
| 19 | meet the requirements of this paragraph if the
facilities are | ||||||
| 20 | staffed with medical or nursing personnel 24 hours per day and
| ||||||
| 21 | if an alternative means of providing information about the | ||||||
| 22 | source of an
emergency call exists. Buildings under this | ||||||
| 23 | exemption must provide 9-1-1
service that provides the | ||||||
| 24 | building's street address.
| ||||||
| 25 | Buildings containing workspace of more than 40,000 square | ||||||
| 26 | feet are exempt
from subsection (a) if the building maintains, | ||||||
| |||||||
| |||||||
| 1 | at all times, alternative and
adequate means of signaling and | ||||||
| 2 | responding to emergencies, including a
telephone system that | ||||||
| 3 | provides the location of a 9-1-1 call coming from within
the | ||||||
| 4 | building, and the building is serviced by its own medical, fire | ||||||
| 5 | and
security personnel. Buildings under this exemption are | ||||||
| 6 | subject to emergency
phone system certification by the | ||||||
| 7 | Administrator.
| ||||||
| 8 | Buildings in communities not serviced by enhanced 9-1-1 | ||||||
| 9 | service are exempt
from subsection (a).
| ||||||
| 10 | Correctional institutions and facilities, as defined in | ||||||
| 11 | subsection (d) of
Section 3-1-2 of the Unified Code of | ||||||
| 12 | Corrections, are exempt from subsection
(a).
| ||||||
| 13 | (c) This Act does not apply to any PBX telephone extension | ||||||
| 14 | that uses radio
transmissions to convey electrical signals | ||||||
| 15 | directly between the telephone
extension and the serving PBX.
| ||||||
| 16 | (d) An entity that violates this Section is guilty of a | ||||||
| 17 | business
offense and shall be fined not less than $1,000 and | ||||||
| 18 | not more than $5,000.
| ||||||
| 19 | (e) Nothing in this Section shall be
construed to preclude | ||||||
| 20 | the Attorney General on behalf of the Illinois State Police | ||||||
| 21 | Department or on
his or her own initiative, or any other | ||||||
| 22 | interested person, from seeking
judicial relief, by mandamus, | ||||||
| 23 | injunction, or otherwise, to compel compliance
with this | ||||||
| 24 | Section.
| ||||||
| 25 | (f) The Illinois State Police Department may promulgate | ||||||
| 26 | rules for the administration of this
Section.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 2 | (50 ILCS 750/15.6a) | ||||||
| 3 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 4 | Sec. 15.6a. Wireless emergency 9-1-1 service. | ||||||
| 5 | (a) The digits "9-1-1" shall be the designated emergency | ||||||
| 6 | telephone number within the wireless system. | ||||||
| 7 | (b) The Illinois State Police Department may set | ||||||
| 8 | non-discriminatory and uniform technical and operational | ||||||
| 9 | standards consistent with the rules of the Federal | ||||||
| 10 | Communications Commission for directing calls to authorized | ||||||
| 11 | public safety answering points. These standards shall not in | ||||||
| 12 | any way prescribe the technology or manner a wireless carrier | ||||||
| 13 | shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls, | ||||||
| 14 | and these standards shall not exceed the requirements set by | ||||||
| 15 | the Federal Communications Commission; however, standards for | ||||||
| 16 | directing calls to the authorized public safety answering point | ||||||
| 17 | shall be included. The authority given to the Illinois State | ||||||
| 18 | Police Department in this Section is limited to setting | ||||||
| 19 | standards as set forth herein and does not constitute authority | ||||||
| 20 | to regulate wireless carriers. | ||||||
| 21 | (c) For the purpose of providing wireless 9-1-1 emergency | ||||||
| 22 | services, an emergency telephone system board or, in the | ||||||
| 23 | absence of an emergency telephone system board, a qualified | ||||||
| 24 | governmental entity, may declare its intention for one or more | ||||||
| 25 | of its public safety answering points to serve as a primary | ||||||
| |||||||
| |||||||
| 1 | wireless 9-1-1 public safety answering point for its | ||||||
| 2 | jurisdiction by notifying the Administrator in writing within 6 | ||||||
| 3 | months after receiving its authority to operate a 9-1-1 system | ||||||
| 4 | under this Act. In addition, 2 or more emergency telephone | ||||||
| 5 | system boards or qualified governmental entities may, by virtue | ||||||
| 6 | of an intergovernmental agreement, provide wireless 9-1-1 | ||||||
| 7 | service. Until the jurisdiction comes into compliance with | ||||||
| 8 | Section 15.4a of this Act, the Illinois Department of State | ||||||
| 9 | Police shall be the primary wireless 9-1-1 public safety | ||||||
| 10 | answering point for any jurisdiction that did not provide | ||||||
| 11 | notice to the Illinois Commerce Commission and the Illinois | ||||||
| 12 | State Police Department prior to January 1, 2016. | ||||||
| 13 | (d) The Administrator, upon a request from a qualified | ||||||
| 14 | governmental entity or an emergency telephone system board and | ||||||
| 15 | with the advice and recommendation of the Statewide 9-1-1 | ||||||
| 16 | Advisory Board, may grant authority to the emergency telephone | ||||||
| 17 | system board or a qualified governmental entity to provide | ||||||
| 18 | wireless 9-1-1 service in areas for which the Illinois State | ||||||
| 19 | Police Department has accepted wireless 9-1-1 responsibility. | ||||||
| 20 | The Administrator shall maintain a current list of all 9-1-1 | ||||||
| 21 | systems and qualified governmental entities providing wireless | ||||||
| 22 | 9-1-1 service under this Act.
| ||||||
| 23 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 24 | (50 ILCS 750/15.6b) | ||||||
| 25 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| |||||||
| |||||||
| 1 | Sec. 15.6b. Next Generation 9-1-1 service. | ||||||
| 2 | (a) The Administrator, with the advice and recommendation | ||||||
| 3 | of the Statewide 9-1-1 Advisory Board, shall develop and | ||||||
| 4 | implement a plan for a statewide Next Generation 9-1-1 network. | ||||||
| 5 | The Next Generation 9-1-1 network must be an Internet | ||||||
| 6 | protocol-based platform that at a minimum provides: | ||||||
| 7 | (1) improved 9-1-1 call delivery; | ||||||
| 8 | (2) enhanced interoperability; | ||||||
| 9 | (3) increased ease of communication between 9-1-1 | ||||||
| 10 | service providers, allowing immediate transfer of 9-1-1 | ||||||
| 11 | calls, caller information, photos, and other data | ||||||
| 12 | statewide; | ||||||
| 13 | (4) a hosted solution with redundancy built in; and | ||||||
| 14 | (5) compliance with NENA Standards i3 Solution 08-003. | ||||||
| 15 | (b) By July 1, 2016, the Administrator, with the advice and | ||||||
| 16 | recommendation of the Statewide 9-1-1 Advisory Board, shall | ||||||
| 17 | design and issue a competitive request for a proposal to secure | ||||||
| 18 | the services of a consultant to complete a feasibility study on | ||||||
| 19 | the implementation of a statewide Next Generation 9-1-1 network | ||||||
| 20 | in Illinois. By July 1, 2017, the consultant shall complete the | ||||||
| 21 | feasibility study and make recommendations as to the | ||||||
| 22 | appropriate procurement approach for developing a statewide | ||||||
| 23 | Next Generation 9-1-1 network. | ||||||
| 24 | (c) Within 12 months of the final report from the | ||||||
| 25 | consultant under subsection (b) of this Section, the Illinois | ||||||
| 26 | State Police Department shall procure and finalize a contract | ||||||
| |||||||
| |||||||
| 1 | with a vendor certified under Section 13-900 of the Public | ||||||
| 2 | Utilities Act to establish a statewide Next Generation 9-1-1 | ||||||
| 3 | network. By July 1, 2020, the vendor shall implement a Next | ||||||
| 4 | Generation 9-1-1 network that allows 9-1-1 systems providing | ||||||
| 5 | 9-1-1 service to Illinois residents to access the system | ||||||
| 6 | utilizing their current infrastructure if it meets the | ||||||
| 7 | standards adopted by the Illinois State Police Department.
| ||||||
| 8 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 9 | (50 ILCS 750/17.5) | ||||||
| 10 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 11 | Sec. 17.5. 9-1-1 call transfer, forward, or relay. | ||||||
| 12 | (a) The General Assembly finds the following: | ||||||
| 13 | (1) Some 9-1-1 systems throughout this State do not | ||||||
| 14 | have a procedure in place to manually transfer, forward, or | ||||||
| 15 | relay 9-1-1 calls originating within one 9-1-1 system's | ||||||
| 16 | jurisdiction, but which should properly be answered and | ||||||
| 17 | dispatched by another 9-1-1 system, to the appropriate | ||||||
| 18 | 9-1-1 system for answering and dispatch of first | ||||||
| 19 | responders. | ||||||
| 20 | (2) On January 1, 2016, the General Assembly gave | ||||||
| 21 | oversight authority of 9-1-1 systems to the Illinois | ||||||
| 22 | Department of State Police. | ||||||
| 23 | (3) Since that date, the Illinois Department of State | ||||||
| 24 | Police has authorized individual 9-1-1 systems in counties | ||||||
| 25 | and municipalities to implement and upgrade enhanced 9-1-1 | ||||||
| |||||||
| |||||||
| 1 | systems throughout the State. | ||||||
| 2 | (b) The Illinois State Police Department shall prepare a | ||||||
| 3 | directory of all authorized 9-1-1 systems in the State. The | ||||||
| 4 | directory shall include an emergency 24/7 10-digit telephone | ||||||
| 5 | number for all primary public safety answering points located | ||||||
| 6 | in each 9-1-1 system to which 9-1-1 calls from another | ||||||
| 7 | jurisdiction can be transferred. This directory shall be made | ||||||
| 8 | available to each 9-1-1 authority for its use in establishing | ||||||
| 9 | standard operating procedures regarding calls outside its | ||||||
| 10 | 9-1-1 jurisdiction. | ||||||
| 11 | (c) Each 9-1-1 system shall provide the Illinois State | ||||||
| 12 | Police Department with the following information: | ||||||
| 13 | (1) The name of the PSAP, a list of every participating | ||||||
| 14 | agency, and the county the PSAP is in, including college | ||||||
| 15 | and university public safety entities. | ||||||
| 16 | (2) The 24/7 10-digit emergency telephone number and | ||||||
| 17 | email address for the dispatch agency to which 9-1-1 calls | ||||||
| 18 | originating in another 9-1-1 jurisdiction can be | ||||||
| 19 | transferred or by which the PSAP can be contacted via email | ||||||
| 20 | to exchange information. Each 9-1-1 system shall provide | ||||||
| 21 | the Illinois State Police Department with any changes to | ||||||
| 22 | the participating agencies and this number and email | ||||||
| 23 | address immediately upon the change occurring. Each 9-1-1 | ||||||
| 24 | system shall provide the PSAP information, the 24/7 | ||||||
| 25 | 10-digit emergency telephone number and email address to | ||||||
| 26 | the Manager of the Illinois State Police's Department's | ||||||
| |||||||
| |||||||
| 1 | 9-1-1 Program within 30 days of the effective date of this | ||||||
| 2 | amendatory Act of the 100th General Assembly. | ||||||
| 3 | (3) The standard operating procedure describing the | ||||||
| 4 | manner in which the 9-1-1 system will transfer, forward, or | ||||||
| 5 | relay 9-1-1 calls originating within its jurisdiction, but | ||||||
| 6 | which should properly be answered and dispatched by another | ||||||
| 7 | 9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1 | ||||||
| 8 | system shall provide the standard operating procedures to | ||||||
| 9 | the Manager of the Illinois State Police's Department's | ||||||
| 10 | 9-1-1 Program within 180 days after the effective date of | ||||||
| 11 | this amendatory Act of the 100th General Assembly.
| ||||||
| 12 | (Source: P.A. 100-20, eff. 7-1-17.)
| ||||||
| 13 | (50 ILCS 750/19) | ||||||
| 14 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 15 | Sec. 19. Statewide 9-1-1 Advisory Board. | ||||||
| 16 | (a) Beginning July 1, 2015, there is created the Statewide | ||||||
| 17 | 9-1-1 Advisory Board within the Illinois Department of State | ||||||
| 18 | Police. The Board shall consist of the following 11 voting | ||||||
| 19 | members: | ||||||
| 20 | (1) The Director of the Illinois State Police, or his | ||||||
| 21 | or her designee, who shall serve as chairman. | ||||||
| 22 | (2) The Executive Director of the Commission, or his or | ||||||
| 23 | her designee. | ||||||
| 24 | (3) Nine members appointed by the Governor as follows: | ||||||
| 25 | (A) one member representing the Illinois chapter | ||||||
| |||||||
| |||||||
| 1 | of the National Emergency Number Association, or his or | ||||||
| 2 | her designee; | ||||||
| 3 | (B) one member representing the Illinois chapter | ||||||
| 4 | of the Association of Public-Safety Communications | ||||||
| 5 | Officials, or his or her designee; | ||||||
| 6 | (C) one member representing a county 9-1-1 system | ||||||
| 7 | from a county with a population of less than 50,000; | ||||||
| 8 | (D) one member representing a county 9-1-1 system | ||||||
| 9 | from a county with a population between 50,000 and | ||||||
| 10 | 250,000; | ||||||
| 11 | (E) one member representing a county 9-1-1 system | ||||||
| 12 | from a county with a population of more than 250,000; | ||||||
| 13 | (F) one member representing a municipality with a | ||||||
| 14 | population of less than 500,000 in a county with a | ||||||
| 15 | population in excess of 2,000,000; | ||||||
| 16 | (G) one member representing the Illinois | ||||||
| 17 | Association of Chiefs of Police; | ||||||
| 18 | (H) one member representing the Illinois Sheriffs' | ||||||
| 19 | Association; and | ||||||
| 20 | (I) one member representing the Illinois Fire | ||||||
| 21 | Chiefs Association. | ||||||
| 22 | The Governor shall appoint the following non-voting | ||||||
| 23 | members: (i) one member representing an incumbent local | ||||||
| 24 | exchange 9-1-1 system provider; (ii) one member representing a | ||||||
| 25 | non-incumbent local exchange 9-1-1 system provider; (iii) one | ||||||
| 26 | member representing a large wireless carrier; (iv) one member | ||||||
| |||||||
| |||||||
| 1 | representing an incumbent local exchange carrier; (v) one | ||||||
| 2 | member representing the Illinois Telecommunications | ||||||
| 3 | Association; (vi) one member representing the Cable Television | ||||||
| 4 | and Communication Association of Illinois; and (vii) one member | ||||||
| 5 | representing the Illinois State Ambulance Association. The | ||||||
| 6 | Speaker of the House of Representatives, the Minority Leader of | ||||||
| 7 | the House of Representatives, the President of the Senate, and | ||||||
| 8 | the Minority Leader of the Senate may each appoint a member of | ||||||
| 9 | the General Assembly to temporarily serve as a non-voting | ||||||
| 10 | member of the Board during the 12 months prior to the repeal | ||||||
| 11 | date of this Act to discuss legislative initiatives of the | ||||||
| 12 | Board. | ||||||
| 13 | (b) The Governor shall make initial appointments to the | ||||||
| 14 | Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the | ||||||
| 15 | voting members appointed by the Governor shall serve an initial | ||||||
| 16 | term of 2 years, and the remaining voting members appointed by | ||||||
| 17 | the Governor shall serve an initial term of 3 years. | ||||||
| 18 | Thereafter, each appointment by the Governor shall be for a | ||||||
| 19 | term of 3 years. Non-voting members shall serve for a term of 3 | ||||||
| 20 | years. Vacancies shall be filled in the same manner as the | ||||||
| 21 | original appointment. Persons appointed to fill a vacancy shall | ||||||
| 22 | serve for the balance of the unexpired term. | ||||||
| 23 | Members of the Statewide 9-1-1 Advisory Board shall serve | ||||||
| 24 | without compensation. | ||||||
| 25 | (c) The 9-1-1 Services Advisory Board, as constituted on | ||||||
| 26 | June 1, 2015 without the legislative members, shall serve in | ||||||
| |||||||
| |||||||
| 1 | the role of the Statewide 9-1-1 Advisory Board until all | ||||||
| 2 | appointments of voting members have been made by the Governor | ||||||
| 3 | under subsection (a) of this Section. | ||||||
| 4 | (d) The Statewide 9-1-1 Advisory Board shall: | ||||||
| 5 | (1) advise the Illinois Department of State Police and | ||||||
| 6 | the Statewide 9-1-1 Administrator on the oversight of 9-1-1 | ||||||
| 7 | systems and the development and implementation of a uniform | ||||||
| 8 | statewide 9-1-1 system; | ||||||
| 9 | (2) make recommendations to the Governor and the | ||||||
| 10 | General Assembly regarding improvements to 9-1-1 services | ||||||
| 11 | throughout the State; and | ||||||
| 12 | (3) exercise all other powers and duties provided in | ||||||
| 13 | this Act. | ||||||
| 14 | (e) The Statewide 9-1-1 Advisory Board shall submit to the | ||||||
| 15 | General Assembly a report by March 1 of each year providing an | ||||||
| 16 | update on the transition to a statewide 9-1-1 system and | ||||||
| 17 | recommending any legislative action. | ||||||
| 18 | (f) The Illinois Department of State Police shall provide | ||||||
| 19 | administrative support to the Statewide 9-1-1 Advisory Board.
| ||||||
| 20 | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
| ||||||
| 21 | (50 ILCS 750/20) | ||||||
| 22 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 23 | Sec. 20. Statewide surcharge. | ||||||
| 24 | (a) On and after January 1, 2016, and except with respect | ||||||
| 25 | to those customers who are subject to surcharges as provided in | ||||||
| |||||||
| |||||||
| 1 | Sections 15.3 and 15.3a of this Act, a monthly surcharge shall | ||||||
| 2 | be imposed on all customers of telecommunications carriers and | ||||||
| 3 | wireless carriers as follows: | ||||||
| 4 | (1) Each telecommunications carrier shall impose a | ||||||
| 5 | monthly surcharge per network connection; provided, | ||||||
| 6 | however, the monthly surcharge shall not apply to a network | ||||||
| 7 | connection provided for use with pay telephone services. | ||||||
| 8 | Where multiple voice grade communications channels are | ||||||
| 9 | connected between the subscriber's premises and a public | ||||||
| 10 | switched network through private branch exchange (PBX), | ||||||
| 11 | centrex type service, or other multiple voice grade | ||||||
| 12 | communication channels facility, there shall be imposed 5 | ||||||
| 13 | such surcharges per network connection for both regular | ||||||
| 14 | service and advanced service provisioned trunk lines. | ||||||
| 15 | Until December 31, 2017, the surcharge shall be $0.87 per | ||||||
| 16 | network connection and on and after January 1, 2018, the | ||||||
| 17 | surcharge shall be $1.50 per network connection. | ||||||
| 18 | (2) Each wireless carrier shall impose and collect a | ||||||
| 19 | monthly surcharge per CMRS connection that either has a | ||||||
| 20 | telephone number within an area code assigned to Illinois | ||||||
| 21 | by the North American Numbering Plan Administrator or has a | ||||||
| 22 | billing address in this State. Until December 31, 2017, the | ||||||
| 23 | surcharge shall be $0.87 per connection and on and after | ||||||
| 24 | January 1, 2018, the surcharge shall be $1.50 per | ||||||
| 25 | connection. | ||||||
| 26 | (b) State and local taxes shall not apply to the surcharges | ||||||
| |||||||
| |||||||
| 1 | imposed under this Section. | ||||||
| 2 | (c) The surcharges imposed by this Section shall be stated | ||||||
| 3 | as a separately stated item on subscriber bills. | ||||||
| 4 | (d) The telecommunications carrier collecting the | ||||||
| 5 | surcharge may deduct and retain an amount not to exceed 3% of | ||||||
| 6 | the gross amount of surcharge collected to reimburse the | ||||||
| 7 | telecommunications carrier for the expense of accounting and | ||||||
| 8 | collecting the surcharge. On and after July 1, 2022, the | ||||||
| 9 | wireless carrier collecting a surcharge under this Section may | ||||||
| 10 | deduct and retain an amount not to exceed 3% of the gross | ||||||
| 11 | amount of the surcharge collected to reimburse the wireless | ||||||
| 12 | carrier for the expense of accounting and collecting the | ||||||
| 13 | surcharge. | ||||||
| 14 | (e) Surcharges imposed under this Section shall be | ||||||
| 15 | collected by the carriers and shall be remitted to the Illinois | ||||||
| 16 | State Police Department, either by check or electronic funds | ||||||
| 17 | transfer, by the end of the next calendar month after the | ||||||
| 18 | calendar month in which it was collected for deposit into the | ||||||
| 19 | Statewide 9-1-1 Fund. Carriers are not required to remit | ||||||
| 20 | surcharge moneys that are billed to subscribers but not yet | ||||||
| 21 | collected. | ||||||
| 22 | The first remittance by wireless carriers shall include the | ||||||
| 23 | number of subscribers by zip code, and the 9-digit zip code if | ||||||
| 24 | currently being used or later implemented by the carrier, that | ||||||
| 25 | shall be the means by which the Illinois State Police | ||||||
| 26 | Department shall determine distributions from the Statewide | ||||||
| |||||||
| |||||||
| 1 | 9-1-1 Fund. This information shall be updated at least once | ||||||
| 2 | each year. Any carrier that fails to provide the zip code | ||||||
| 3 | information required under this subsection (e) shall be subject | ||||||
| 4 | to the penalty set forth in subsection (g) of this Section. | ||||||
| 5 | (f) If, within 8 calendar days after it is due under | ||||||
| 6 | subsection (e) of this Section, a carrier does not remit the | ||||||
| 7 | surcharge or any portion thereof required under this Section, | ||||||
| 8 | then the surcharge or portion thereof shall be deemed | ||||||
| 9 | delinquent until paid in full, and the Illinois State Police | ||||||
| 10 | Department may impose a penalty against the carrier in an | ||||||
| 11 | amount equal to the greater of: | ||||||
| 12 | (1) $25 for each month or portion of a month from the | ||||||
| 13 | time an amount becomes delinquent until the amount is paid | ||||||
| 14 | in full; or | ||||||
| 15 | (2) an amount equal to the product of 1% and the sum of | ||||||
| 16 | all delinquent amounts for each month or portion of a month | ||||||
| 17 | that the delinquent amounts remain unpaid. | ||||||
| 18 | A penalty imposed in accordance with this subsection (f) | ||||||
| 19 | for a portion of a month during which the carrier pays the | ||||||
| 20 | delinquent amount in full shall be prorated for each day of | ||||||
| 21 | that month that the delinquent amount was paid in full. Any | ||||||
| 22 | penalty imposed under this subsection (f) is in addition to the | ||||||
| 23 | amount of the delinquency and is in addition to any other | ||||||
| 24 | penalty imposed under this Section. | ||||||
| 25 | (g) If, within 8 calendar days after it is due, a wireless | ||||||
| 26 | carrier does not provide the number of subscribers by zip code | ||||||
| |||||||
| |||||||
| 1 | as required under subsection (e) of this Section, then the | ||||||
| 2 | report is deemed delinquent and the Illinois State Police | ||||||
| 3 | Department may impose a penalty against the carrier in an | ||||||
| 4 | amount equal to the greater of: | ||||||
| 5 | (1) $25 for each month or portion of a month that the | ||||||
| 6 | report is delinquent; or | ||||||
| 7 | (2) an amount equal to the product of $0.01 and the | ||||||
| 8 | number of subscribers served by the carrier for each month | ||||||
| 9 | or portion of a month that the delinquent report is not | ||||||
| 10 | provided. | ||||||
| 11 | A penalty imposed in accordance with this subsection (g) | ||||||
| 12 | for a portion of a month during which the carrier provides the | ||||||
| 13 | number of subscribers by zip code as required under subsection | ||||||
| 14 | (e) of this Section shall be prorated for each day of that | ||||||
| 15 | month during which the carrier had not provided the number of | ||||||
| 16 | subscribers by zip code as required under subsection (e) of | ||||||
| 17 | this Section. Any penalty imposed under this subsection (g) is | ||||||
| 18 | in addition to any other penalty imposed under this Section. | ||||||
| 19 | (h) A penalty imposed and collected in accordance with | ||||||
| 20 | subsection (f) or (g) of this Section shall be deposited into | ||||||
| 21 | the Statewide 9-1-1 Fund for distribution according to Section | ||||||
| 22 | 30 of this Act. | ||||||
| 23 | (i) The Illinois State Police Department may enforce the | ||||||
| 24 | collection of any delinquent amount and any penalty due and | ||||||
| 25 | unpaid under this Section by legal action or in any other | ||||||
| 26 | manner by which the collection of debts due the State of | ||||||
| |||||||
| |||||||
| 1 | Illinois may be enforced under the laws of this State. The | ||||||
| 2 | Illinois State Police Department may excuse the payment of any | ||||||
| 3 | penalty imposed under this Section if the Administrator | ||||||
| 4 | determines that the enforcement of this penalty is unjust. | ||||||
| 5 | (j) Notwithstanding any provision of law to the contrary, | ||||||
| 6 | nothing shall impair the right of wireless carriers to recover | ||||||
| 7 | compliance costs for all emergency communications services | ||||||
| 8 | that are not reimbursed out of the Wireless Carrier | ||||||
| 9 | Reimbursement Fund directly from their wireless subscribers by | ||||||
| 10 | line-item charges on the wireless subscriber's bill. Those | ||||||
| 11 | compliance costs include all costs incurred by wireless | ||||||
| 12 | carriers in complying with local, State, and federal regulatory | ||||||
| 13 | or legislative mandates that require the transmission and | ||||||
| 14 | receipt of emergency communications to and from the general | ||||||
| 15 | public, including, but not limited to, E9-1-1.
| ||||||
| 16 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 17 | (50 ILCS 750/30) | ||||||
| 18 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 19 | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||||||
| 20 | (a) A special fund in the State treasury known as the | ||||||
| 21 | Wireless Service Emergency Fund shall be renamed the Statewide | ||||||
| 22 | 9-1-1 Fund. Any appropriations made from the Wireless Service | ||||||
| 23 | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||||||
| 24 | The Fund shall consist of the following: | ||||||
| 25 | (1) 9-1-1 wireless surcharges assessed under the | ||||||
| |||||||
| |||||||
| 1 | Wireless Emergency Telephone Safety Act. | ||||||
| 2 | (2) 9-1-1 surcharges assessed under Section 20 of this | ||||||
| 3 | Act. | ||||||
| 4 | (3) Prepaid wireless 9-1-1 surcharges assessed under | ||||||
| 5 | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
| 6 | (4) Any appropriations, grants, or gifts made to the | ||||||
| 7 | Fund. | ||||||
| 8 | (5) Any income from interest, premiums, gains, or other | ||||||
| 9 | earnings on moneys in the Fund. | ||||||
| 10 | (6) Money from any other source that is deposited in or | ||||||
| 11 | transferred to the Fund. | ||||||
| 12 | (b) Subject to appropriation and availability of funds, the | ||||||
| 13 | Illinois State Police Department shall distribute the 9-1-1 | ||||||
| 14 | surcharges monthly as follows: | ||||||
| 15 | (1) From each surcharge collected and remitted under | ||||||
| 16 | Section 20 of this Act: | ||||||
| 17 | (A) $0.013 shall be distributed monthly in equal | ||||||
| 18 | amounts to each County Emergency Telephone System | ||||||
| 19 | Board or qualified governmental entity in counties | ||||||
| 20 | with a population under 100,000 according to the most | ||||||
| 21 | recent census data which is authorized to serve as a | ||||||
| 22 | primary wireless 9-1-1 public safety answering point | ||||||
| 23 | for the county and to provide wireless 9-1-1 service as | ||||||
| 24 | prescribed by subsection (b) of Section 15.6a of this | ||||||
| 25 | Act, and which does provide such service. | ||||||
| 26 | (B) $0.033 shall be transferred by the Comptroller | ||||||
| |||||||
| |||||||
| 1 | at the direction of the Illinois State Police | ||||||
| 2 | Department to the Wireless Carrier Reimbursement Fund | ||||||
| 3 | until June 30, 2017; from July 1, 2017 through June 30, | ||||||
| 4 | 2018, $0.026 shall be transferred; from July 1, 2018 | ||||||
| 5 | through June 30, 2019, $0.020 shall be transferred; | ||||||
| 6 | from July 1, 2019, through June 30, 2020, $0.013 shall | ||||||
| 7 | be transferred; from July 1, 2020 through June 30, | ||||||
| 8 | 2021, $0.007 will be transferred; and after June 30, | ||||||
| 9 | 2021, no transfer shall be made to the Wireless Carrier | ||||||
| 10 | Reimbursement Fund. | ||||||
| 11 | (C) Until December 31, 2017, $0.007 and on and | ||||||
| 12 | after January 1, 2018, $0.017 shall be used to cover | ||||||
| 13 | the Illinois State Police's Department's | ||||||
| 14 | administrative costs. | ||||||
| 15 | (D) Beginning January 1, 2018, until June 30, 2020, | ||||||
| 16 | $0.12, and on and after July 1, 2020, $0.04 shall be | ||||||
| 17 | used to make monthly proportional grants to the | ||||||
| 18 | appropriate 9-1-1 Authority currently taking wireless | ||||||
| 19 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
| 20 | the billing addresses of subscribers wireless | ||||||
| 21 | carriers. | ||||||
| 22 | (E) Until June 30, 2020, $0.05 shall be used by the | ||||||
| 23 | Illinois State Police Department for grants for | ||||||
| 24 | NG9-1-1 expenses, with priority given to 9-1-1 | ||||||
| 25 | Authorities that provide 9-1-1 service within the | ||||||
| 26 | territory of a Large Electing Provider as defined in | ||||||
| |||||||
| |||||||
| 1 | Section 13-406.1 of the Public Utilities Act. | ||||||
| 2 | (F) On and after July 1, 2020, $0.13 shall be used | ||||||
| 3 | for the implementation of and continuing expenses for | ||||||
| 4 | the Statewide NG9-1-1 system. | ||||||
| 5 | (2) After disbursements under paragraph (1) of this | ||||||
| 6 | subsection (b), all remaining funds in the Statewide 9-1-1 | ||||||
| 7 | Fund shall be disbursed in the following priority order: | ||||||
| 8 | (A) The Fund shall pay monthly to: | ||||||
| 9 | (i) the 9-1-1 Authorities that imposed | ||||||
| 10 | surcharges under Section 15.3 of this Act and were | ||||||
| 11 | required to report to the Illinois Commerce | ||||||
| 12 | Commission under Section 27 of the Wireless | ||||||
| 13 | Emergency Telephone Safety Act on October 1, 2014, | ||||||
| 14 | except a 9-1-1 Authority in a municipality with a | ||||||
| 15 | population in excess of 500,000, an amount equal to | ||||||
| 16 | the average monthly wireline and VoIP surcharge | ||||||
| 17 | revenue attributable to the most recent 12-month | ||||||
| 18 | period reported to the Illinois State Police | ||||||
| 19 | Department under that Section for the October 1, | ||||||
| 20 | 2014 filing, subject to the power of the Illinois | ||||||
| 21 | State Police Department to investigate the amount | ||||||
| 22 | reported and adjust the number by order under | ||||||
| 23 | Article X of the Public Utilities Act, so that the | ||||||
| 24 | monthly amount paid under this item accurately | ||||||
| 25 | reflects one-twelfth of the aggregate wireline and | ||||||
| 26 | VoIP surcharge revenue properly attributable to | ||||||
| |||||||
| |||||||
| 1 | the most recent 12-month period reported to the | ||||||
| 2 | Commission; or | ||||||
| 3 | (ii) county qualified governmental entities | ||||||
| 4 | that did not impose a surcharge under Section 15.3 | ||||||
| 5 | as of December 31, 2015, and counties that did not | ||||||
| 6 | impose a surcharge as of June 30, 2015, an amount | ||||||
| 7 | equivalent to their population multiplied by .37 | ||||||
| 8 | multiplied by the rate of $0.69; counties that are | ||||||
| 9 | not county qualified governmental entities and | ||||||
| 10 | that did not impose a surcharge as of December 31, | ||||||
| 11 | 2015, shall not begin to receive the payment | ||||||
| 12 | provided for in this subsection until E9-1-1 and | ||||||
| 13 | wireless E9-1-1 services are provided within their | ||||||
| 14 | counties; or | ||||||
| 15 | (iii) counties without 9-1-1 service that had | ||||||
| 16 | a surcharge in place by December 31, 2015, an | ||||||
| 17 | amount equivalent to their population multiplied | ||||||
| 18 | by .37 multiplied by their surcharge rate as | ||||||
| 19 | established by the referendum. | ||||||
| 20 | (B) All 9-1-1 network costs for systems outside of | ||||||
| 21 | municipalities with a population of at least 500,000 | ||||||
| 22 | shall be paid by the Illinois State Police Department | ||||||
| 23 | directly to the vendors. | ||||||
| 24 | (C) All expenses incurred by the Administrator and | ||||||
| 25 | the Statewide 9-1-1 Advisory Board and costs | ||||||
| 26 | associated with procurement under Section 15.6b | ||||||
| |||||||
| |||||||
| 1 | including requests for information and requests for | ||||||
| 2 | proposals. | ||||||
| 3 | (D) Funds may be held in reserve by the Statewide | ||||||
| 4 | 9-1-1 Advisory Board and disbursed by the Illinois | ||||||
| 5 | State Police Department for grants under Section 15.4b | ||||||
| 6 | of this Act and for NG9-1-1 expenses up to $12.5 | ||||||
| 7 | million per year in State fiscal years 2016 and 2017; | ||||||
| 8 | up to $20 million in State fiscal year 2018; up to | ||||||
| 9 | $20.9 million in State fiscal year 2019; up to $15.3 | ||||||
| 10 | million in State fiscal year 2020; up to $16.2 million | ||||||
| 11 | in State fiscal year 2021; up to $23.1 million in State | ||||||
| 12 | fiscal year 2022; and up to $17.0 million per year for | ||||||
| 13 | State fiscal year 2023 and each year thereafter. The | ||||||
| 14 | amount held in reserve in State fiscal years 2018 and | ||||||
| 15 | 2019 shall not be less than $6.5 million. Disbursements | ||||||
| 16 | under this subparagraph (D) shall be prioritized as | ||||||
| 17 | follows: (i) consolidation grants prioritized under | ||||||
| 18 | subsection (a) of Section 15.4b of this Act; (ii) | ||||||
| 19 | NG9-1-1 expenses; and (iii) consolidation grants under | ||||||
| 20 | Section 15.4b of this Act for consolidation expenses | ||||||
| 21 | incurred between January 1, 2010, and January 1, 2016. | ||||||
| 22 | (E) All remaining funds per remit month shall be | ||||||
| 23 | used to make monthly proportional grants to the | ||||||
| 24 | appropriate 9-1-1 Authority currently taking wireless | ||||||
| 25 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
| 26 | the billing addresses of subscribers of wireless | ||||||
| |||||||
| |||||||
| 1 | carriers. | ||||||
| 2 | (c) The moneys deposited into the Statewide 9-1-1 Fund | ||||||
| 3 | under this Section shall not be subject to administrative | ||||||
| 4 | charges or chargebacks unless otherwise authorized by this Act. | ||||||
| 5 | (d) Whenever two or more 9-1-1 Authorities consolidate, the | ||||||
| 6 | resulting Joint Emergency Telephone System Board shall be | ||||||
| 7 | entitled to the monthly payments that had theretofore been made | ||||||
| 8 | to each consolidating 9-1-1 Authority. Any reserves held by any | ||||||
| 9 | consolidating 9-1-1 Authority shall be transferred to the | ||||||
| 10 | resulting Joint Emergency Telephone System Board. Whenever a | ||||||
| 11 | county that has no 9-1-1 service as of January 1, 2016 enters | ||||||
| 12 | into an agreement to consolidate to create or join a Joint | ||||||
| 13 | Emergency Telephone System Board, the Joint Emergency | ||||||
| 14 | Telephone System Board shall be entitled to the monthly | ||||||
| 15 | payments that would have otherwise been paid to the county if | ||||||
| 16 | it had provided 9-1-1 service.
| ||||||
| 17 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 18 | (50 ILCS 750/40) | ||||||
| 19 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 20 | Sec. 40. Financial reports. | ||||||
| 21 | (a) The Illinois State Police Department shall create | ||||||
| 22 | uniform accounting procedures, with such modification as may be | ||||||
| 23 | required to give effect to statutory provisions applicable only | ||||||
| 24 | to municipalities with a population in excess of 500,000, that | ||||||
| 25 | any emergency telephone system board, qualified governmental | ||||||
| |||||||
| |||||||
| 1 | entity, or unit of local government receiving surcharge money | ||||||
| 2 | pursuant to Section 15.3, 15.3a, or 30 of this Act must follow. | ||||||
| 3 | (b) By January 31, 2018, and every January 31 thereafter, | ||||||
| 4 | each emergency telephone system board, qualified governmental | ||||||
| 5 | entity, or unit of local government receiving surcharge money | ||||||
| 6 | pursuant to Section 15.3, 15.3a, or 30 shall report to the | ||||||
| 7 | Illinois State Police Department audited financial statements | ||||||
| 8 | showing total revenue and expenditures for the period beginning | ||||||
| 9 | with the end of the period covered by the last submitted report | ||||||
| 10 | through the end of the previous calendar year in a form and | ||||||
| 11 | manner as prescribed by the Illinois State Police Department. | ||||||
| 12 | Such financial information shall include: | ||||||
| 13 | (1) a detailed summary of revenue from all sources | ||||||
| 14 | including, but not limited to, local, State, federal, and | ||||||
| 15 | private revenues, and any other funds received; | ||||||
| 16 | (2) all expenditures made during the reporting period | ||||||
| 17 | from distributions under this Act; | ||||||
| 18 | (3) call data and statistics, when available, from the | ||||||
| 19 | reporting period, as specified by the Illinois State Police | ||||||
| 20 | Department and collected in accordance with any reporting | ||||||
| 21 | method established or required by the Illinois State Police | ||||||
| 22 | Department; | ||||||
| 23 | (4) all costs associated with dispatching appropriate | ||||||
| 24 | public safety agencies to respond to 9-1-1 calls received | ||||||
| 25 | by the PSAP; and | ||||||
| 26 | (5) all funding sources and amounts of funding used for | ||||||
| |||||||
| |||||||
| 1 | costs described in paragraph (4) of this subsection (b). | ||||||
| 2 | The emergency telephone system board, qualified | ||||||
| 3 | governmental entity, or unit of local government is responsible | ||||||
| 4 | for any costs associated with auditing such financial | ||||||
| 5 | statements. The Illinois State Police Department shall post the | ||||||
| 6 | audited financial statements on the Illinois State Police's | ||||||
| 7 | Department's website. | ||||||
| 8 | (c) Along with its audited financial statement, each | ||||||
| 9 | emergency telephone system board, qualified governmental | ||||||
| 10 | entity, or unit of local government receiving a grant under | ||||||
| 11 | Section 15.4b of this Act shall include a report of the amount | ||||||
| 12 | of grant moneys received and how the grant moneys were used. In | ||||||
| 13 | case of a conflict between this requirement and the Grant | ||||||
| 14 | Accountability and Transparency Act, or with the rules of the | ||||||
| 15 | Governor's Office of Management and Budget adopted thereunder, | ||||||
| 16 | that Act and those rules shall control. | ||||||
| 17 | (d) If an emergency telephone system board or qualified | ||||||
| 18 | governmental entity that receives funds from the Statewide | ||||||
| 19 | 9-1-1 Fund fails to file the 9-1-1 system financial reports as | ||||||
| 20 | required under this Section, the Illinois State Police | ||||||
| 21 | Department shall suspend and withhold monthly disbursements | ||||||
| 22 | otherwise due to the emergency telephone system board or | ||||||
| 23 | qualified governmental entity under Section 30 of this Act | ||||||
| 24 | until the report is filed. | ||||||
| 25 | Any monthly disbursements that have been withheld for 12 | ||||||
| 26 | months or more shall be forfeited by the emergency telephone | ||||||
| |||||||
| |||||||
| 1 | system board or qualified governmental entity and shall be | ||||||
| 2 | distributed proportionally by the Illinois State Police | ||||||
| 3 | Department to compliant emergency telephone system boards and | ||||||
| 4 | qualified governmental entities that receive funds from the | ||||||
| 5 | Statewide 9-1-1 Fund. | ||||||
| 6 | Any emergency telephone system board or qualified | ||||||
| 7 | governmental entity not in compliance with this Section shall | ||||||
| 8 | be ineligible to receive any consolidation grant or | ||||||
| 9 | infrastructure grant issued under this Act. | ||||||
| 10 | (e) The Illinois State Police Department may adopt | ||||||
| 11 | emergency rules necessary to implement the provisions of this | ||||||
| 12 | Section.
| ||||||
| 13 | (f) Any findings or decisions of the Illinois State Police | ||||||
| 14 | Department under this Section shall be deemed a final | ||||||
| 15 | administrative decision and shall be subject to judicial review | ||||||
| 16 | under the Administrative Review Law. | ||||||
| 17 | (g) Beginning October 1, 2017, the Illinois State Police | ||||||
| 18 | Department shall provide a quarterly report to the Board of its | ||||||
| 19 | expenditures from the Statewide 9-1-1 Fund for the prior fiscal | ||||||
| 20 | quarter. | ||||||
| 21 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 22 | (50 ILCS 750/50) | ||||||
| 23 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 24 | Sec. 50. Fund audits. The Auditor General shall conduct as | ||||||
| 25 | a part of its bi-annual audit, an audit of the Statewide 9-1-1 | ||||||
| |||||||
| |||||||
| 1 | Fund and the Wireless Carrier Reimbursement Fund for compliance | ||||||
| 2 | with the requirements of this Act. The audit shall include, but | ||||||
| 3 | not be limited to, the following determinations: | ||||||
| 4 | (1) Whether detailed records of all receipts and | ||||||
| 5 | disbursements from the Statewide 9-1-1 Fund and the | ||||||
| 6 | Wireless Carrier Reimbursement Fund are being maintained. | ||||||
| 7 | (2) Whether administrative costs charged to the funds | ||||||
| 8 | are adequately documented and are reasonable. | ||||||
| 9 | (3) Whether the procedures for making disbursements | ||||||
| 10 | and grants and providing reimbursements in accordance with | ||||||
| 11 | the Act are adequate. | ||||||
| 12 | (4) The status of the implementation of statewide 9-1-1 | ||||||
| 13 | service and Next Generation 9-1-1 service in Illinois. | ||||||
| 14 | The Illinois Commerce Commission, the Illinois Department | ||||||
| 15 | of State Police, and any other entity or person that may have | ||||||
| 16 | information relevant to the audit shall cooperate fully and | ||||||
| 17 | promptly with the Office of the Auditor General in conducting | ||||||
| 18 | the audit. The Auditor General shall commence the audit as soon | ||||||
| 19 | as possible and distribute the report upon completion in | ||||||
| 20 | accordance with Section 3-14 of the Illinois State Auditing | ||||||
| 21 | Act.
| ||||||
| 22 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 23 | (50 ILCS 750/55) | ||||||
| 24 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 25 | Sec. 55. Public disclosure. Because of the highly | ||||||
| |||||||
| |||||||
| 1 | competitive nature of the telephone industry, public | ||||||
| 2 | disclosure of information about surcharge moneys paid by | ||||||
| 3 | carriers could have the effect of stifling competition to the | ||||||
| 4 | detriment of the public and the delivery of 9-1-1 services. | ||||||
| 5 | Therefore, the Illinois Commerce Commission, the Illinois | ||||||
| 6 | Department of State Police, governmental agencies, and | ||||||
| 7 | individuals with access to that information shall take | ||||||
| 8 | appropriate steps to prevent public disclosure of this | ||||||
| 9 | information. Information and data supporting the amount and | ||||||
| 10 | distribution of surcharge moneys collected and remitted by an | ||||||
| 11 | individual carrier shall be deemed exempt information for | ||||||
| 12 | purposes of the Freedom of Information Act and shall not be | ||||||
| 13 | publicly disclosed. The gross amount paid by all carriers shall | ||||||
| 14 | not be deemed exempt and may be publicly disclosed.
| ||||||
| 15 | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| ||||||
| 16 | (50 ILCS 750/75) | ||||||
| 17 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 18 | Sec. 75. Transfer of rights, functions, powers, duties, and | ||||||
| 19 | property to Illinois Department of State Police; rules and | ||||||
| 20 | standards; savings provisions. | ||||||
| 21 | (a) On January 1, 2016, the rights, functions, powers, and | ||||||
| 22 | duties of the Illinois Commerce Commission as set forth in this | ||||||
| 23 | Act and the Wireless Emergency Telephone Safety Act existing | ||||||
| 24 | prior to January 1, 2016, are transferred to and shall be | ||||||
| 25 | exercised by the Illinois Department of State Police. On or | ||||||
| |||||||
| |||||||
| 1 | before January 1, 2016, the Commission shall transfer and | ||||||
| 2 | deliver to the Illinois State Police Department all books, | ||||||
| 3 | records, documents, property (real and personal), unexpended | ||||||
| 4 | appropriations, and pending business pertaining to the rights, | ||||||
| 5 | powers, duties, and functions transferred to the Illinois State | ||||||
| 6 | Police Department under Public Act 99-6. | ||||||
| 7 | (b) The rules and standards of the Commission that are in | ||||||
| 8 | effect on January 1, 2016 and that pertain to the rights, | ||||||
| 9 | powers, duties, and functions transferred to the Illinois State | ||||||
| 10 | Police Department under Public Act 99-6 shall become the rules | ||||||
| 11 | and standards of the Illinois State Police Department on | ||||||
| 12 | January 1, 2016, and shall continue in effect until amended or | ||||||
| 13 | repealed by the Illinois State Police Department. | ||||||
| 14 | Any rules pertaining to the rights, powers, duties, and | ||||||
| 15 | functions transferred to the Illinois State Police Department | ||||||
| 16 | under Public Act 99-6 that have been proposed by the Commission | ||||||
| 17 | but have not taken effect or been finally adopted by January 1, | ||||||
| 18 | 2016, shall become proposed rules of the Illinois State Police | ||||||
| 19 | Department on January 1, 2016, and any rulemaking procedures | ||||||
| 20 | that have already been completed by the Commission for those | ||||||
| 21 | proposed rules need not be repealed. | ||||||
| 22 | As soon as it is practical after January 1, 2016, the | ||||||
| 23 | Illinois State Police Department shall revise and clarify the | ||||||
| 24 | rules transferred to it under Public Act 99-6 to reflect the | ||||||
| 25 | transfer of rights, powers, duties, and functions effected by | ||||||
| 26 | Public Act 99-6 using the procedures for recodification of | ||||||
| |||||||
| |||||||
| 1 | rules available under the Illinois Administrative Procedure | ||||||
| 2 | Act, except that existing title, part, and section numbering | ||||||
| 3 | for the affected rules may be retained. The Illinois State | ||||||
| 4 | Police Department may propose and adopt under the Illinois | ||||||
| 5 | Administrative Procedure Act any other rules necessary to | ||||||
| 6 | consolidate and clarify those rules. | ||||||
| 7 | (c) The rights, powers, duties, and functions transferred | ||||||
| 8 | to the Illinois State Police Department by Public Act 99-6 | ||||||
| 9 | shall be vested in and exercised by the Illinois State Police | ||||||
| 10 | Department subject to the provisions of this Act and the | ||||||
| 11 | Wireless Emergency Telephone Safety Act. An act done by the | ||||||
| 12 | Illinois State Police Department or an officer, employee, or | ||||||
| 13 | agent of the Illinois State Police Department in the exercise | ||||||
| 14 | of the transferred rights, powers, duties, and functions shall | ||||||
| 15 | have the same legal effect as if done by the Commission or an | ||||||
| 16 | officer, employee, or agent of the Commission. | ||||||
| 17 | The transfer of rights, powers, duties, and functions to | ||||||
| 18 | the Illinois State Police Department under Public Act 99-6 does | ||||||
| 19 | not invalidate any previous action taken by or in respect to | ||||||
| 20 | the Commission, its officers, employees, or agents. References | ||||||
| 21 | to the Commission or its officers, employees, or agents in any | ||||||
| 22 | document, contract, agreement, or law shall, in appropriate | ||||||
| 23 | contexts, be deemed to refer to the Illinois State Police | ||||||
| 24 | Department or its officers, employees, or agents. | ||||||
| 25 | The transfer of rights, powers, duties, and functions to | ||||||
| 26 | the Illinois State Police Department under Public Act 99-6 does | ||||||
| |||||||
| |||||||
| 1 | not affect any person's rights, obligations, or duties, | ||||||
| 2 | including any civil or criminal penalties applicable thereto, | ||||||
| 3 | arising out of those transferred rights, powers, duties, and | ||||||
| 4 | functions. | ||||||
| 5 | Public Act 99-6 does not affect any act done, ratified, or | ||||||
| 6 | cancelled, any right occurring or established, or any action or | ||||||
| 7 | proceeding commenced in an administrative, civil, or criminal | ||||||
| 8 | case before January 1, 2016. Any such action or proceeding that | ||||||
| 9 | pertains to a right, power, duty, or function transferred to | ||||||
| 10 | the Illinois State Police Department under Public Act 99-6 that | ||||||
| 11 | is pending on that date may be prosecuted, defended, or | ||||||
| 12 | continued by the Commission. | ||||||
| 13 | For the purposes of Section 9b of the State Finance Act, | ||||||
| 14 | the Illinois State Police Department is the successor to the | ||||||
| 15 | Commission with respect to the rights, duties, powers, and | ||||||
| 16 | functions transferred by Public Act 99-6. | ||||||
| 17 | (d) The Illinois State Police Department is authorized to | ||||||
| 18 | enter into an intergovernmental agreement with the Commission | ||||||
| 19 | for the purpose of having the Commission assist the Illinois | ||||||
| 20 | State Police Department and the Statewide 9-1-1 Administrator | ||||||
| 21 | in carrying out their duties and functions under this Act. The | ||||||
| 22 | agreement may provide for funding for the Commission for its | ||||||
| 23 | assistance to the Illinois State Police Department and the | ||||||
| 24 | Statewide 9-1-1 Administrator.
| ||||||
| 25 | (Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16; 100-20, | ||||||
| 26 | eff. 7-1-17.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 750/80) | ||||||
| 2 | (Section scheduled to be repealed on December 31, 2020) | ||||||
| 3 | Sec. 80. Continuation of Act; validation. | ||||||
| 4 | (a) The General Assembly finds and declares that this | ||||||
| 5 | amendatory Act of the 100th General Assembly manifests the | ||||||
| 6 | intention of the General Assembly to extend the repeal of this | ||||||
| 7 | Act and have this Act continue in effect until December 31, | ||||||
| 8 | 2020. | ||||||
| 9 | (b) This Section shall be deemed to have been in continuous | ||||||
| 10 | effect since July 1, 2017 and it shall continue to be in effect | ||||||
| 11 | henceforward until it is otherwise lawfully repealed. All | ||||||
| 12 | previously enacted amendments to this Act taking effect on or | ||||||
| 13 | after July 1, 2017, are hereby validated. All actions taken in | ||||||
| 14 | reliance on or under this Act by the Illinois Department of | ||||||
| 15 | State Police or any other person or entity are hereby | ||||||
| 16 | validated. | ||||||
| 17 | (c) In order to ensure the continuing effectiveness of this | ||||||
| 18 | Act, it is set forth in full and reenacted by this amendatory | ||||||
| 19 | Act of the 100th General Assembly. Striking and underscoring | ||||||
| 20 | are used only to show changes being made to the base text. This | ||||||
| 21 | reenactment is intended as a continuation of this Act. It is | ||||||
| 22 | not intended to supersede any amendment to this Act that is | ||||||
| 23 | enacted by the 100th General Assembly.
| ||||||
| 24 | (Source: P.A. 100-20, eff. 7-1-17.)
| ||||||
| |||||||
| |||||||
| 1 | Section 425. The Prepaid Wireless 9-1-1 Surcharge Act is | ||||||
| 2 | amended by changing Section 20 as follows:
| ||||||
| 3 | (50 ILCS 753/20) | ||||||
| 4 | Sec. 20. Administration of prepaid wireless 9-1-1 | ||||||
| 5 | surcharge. | ||||||
| 6 | (a) In the administration and enforcement of this Act, the | ||||||
| 7 | provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e, | ||||||
| 8 | 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the | ||||||
| 9 | Retailers' Occupation Tax Act that are not inconsistent with | ||||||
| 10 | this Act, and Section 3-7 of the Uniform Penalty and Interest | ||||||
| 11 | Act shall apply, as far as practicable, to the subject matter | ||||||
| 12 | of this Act to the same extent as if those provisions were | ||||||
| 13 | included in this Act. References to "taxes" in these | ||||||
| 14 | incorporated Sections shall be construed to apply to the | ||||||
| 15 | administration, payment, and remittance of all surcharges | ||||||
| 16 | under this Act. The Department shall establish registration and | ||||||
| 17 | payment procedures that substantially coincide with the | ||||||
| 18 | registration and payment procedures that apply to the | ||||||
| 19 | Retailers' Occupation Tax Act.
| ||||||
| 20 | (b) A seller shall be permitted to deduct and retain 3% of | ||||||
| 21 | prepaid wireless 9-1-1 surcharges that are collected by the | ||||||
| 22 | seller from consumers and that are remitted and timely filed | ||||||
| 23 | with the Department. Beginning January 1, 2018, the seller is | ||||||
| 24 | allowed to deduct and retain a portion of the prepaid wireless | ||||||
| 25 | 9-1-1 surcharges as authorized by this subsection only if the | ||||||
| |||||||
| |||||||
| 1 | return is filed electronically as provided in Section 3 of the | ||||||
| 2 | Retailers' Occupation Tax Act. Sellers who demonstrate that | ||||||
| 3 | they do not have access to the Internet or demonstrate hardship | ||||||
| 4 | in filing electronically may petition the Department to waive | ||||||
| 5 | the electronic filing requirement. | ||||||
| 6 | (c) Other than the amounts for deposit into the Municipal | ||||||
| 7 | Wireless Service Emergency Fund, the Department shall pay to | ||||||
| 8 | the State Treasurer all prepaid wireless E911 charges, | ||||||
| 9 | penalties, and interest collected under this Act for deposit | ||||||
| 10 | into the Statewide 9-1-1 Fund. On or before the 25th day of | ||||||
| 11 | each calendar month, the Department shall prepare and certify | ||||||
| 12 | to the Comptroller the amount available to the Illinois | ||||||
| 13 | Department of State Police for distribution out of the | ||||||
| 14 | Statewide 9-1-1 Fund. The amount certified shall be the amount | ||||||
| 15 | (not including credit memoranda) collected during the second | ||||||
| 16 | preceding calendar month by the Department plus an amount the | ||||||
| 17 | Department determines is necessary to offset any amounts which | ||||||
| 18 | were erroneously paid to a different taxing body. The amount | ||||||
| 19 | paid to the Statewide 9-1-1 Fund shall not include any amount | ||||||
| 20 | equal to the amount of refunds made during the second preceding | ||||||
| 21 | calendar month by the Department of Revenue to retailers under | ||||||
| 22 | this Act or any amount that the Department determines is | ||||||
| 23 | necessary to offset any amounts which were payable to a | ||||||
| 24 | different taxing body but were erroneously paid to the | ||||||
| 25 | Statewide 9-1-1 Fund. The Illinois Department of State Police | ||||||
| 26 | shall distribute the funds in accordance with Section 30 of the | ||||||
| |||||||
| |||||||
| 1 | Emergency Telephone Safety Act. The Department may deduct an | ||||||
| 2 | amount, not to exceed 2% of remitted charges, to be transferred | ||||||
| 3 | into the Tax Compliance and Administration Fund to reimburse | ||||||
| 4 | the Department for its direct costs of administering the | ||||||
| 5 | collection and remittance of prepaid wireless 9-1-1 | ||||||
| 6 | surcharges.
| ||||||
| 7 | (d) The Department shall administer the collection of all | ||||||
| 8 | 9-1-1 surcharges and may adopt and enforce reasonable rules | ||||||
| 9 | relating to the administration and enforcement of the | ||||||
| 10 | provisions of this Act as may be deemed expedient. The | ||||||
| 11 | Department shall require all surcharges collected under this | ||||||
| 12 | Act to be reported on existing forms or combined forms, | ||||||
| 13 | including, but not limited to, Form ST-1. Any overpayments | ||||||
| 14 | received by the Department for liabilities reported on existing | ||||||
| 15 | or combined returns shall be applied as an overpayment of | ||||||
| 16 | retailers' occupation tax, use tax, service occupation tax, or | ||||||
| 17 | service use tax liability.
| ||||||
| 18 | (e) If a home rule municipality having a population in | ||||||
| 19 | excess of 500,000 as of the effective date of this amendatory | ||||||
| 20 | Act of the 97th General Assembly imposes an E911 surcharge | ||||||
| 21 | under subsection (a-5) of Section 15 of this Act, then the | ||||||
| 22 | Department shall pay to the State Treasurer all prepaid | ||||||
| 23 | wireless E911 charges, penalties, and interest collected for | ||||||
| 24 | deposit into the Municipal Wireless Service Emergency Fund. All | ||||||
| 25 | deposits into the Municipal Wireless Service Emergency Fund | ||||||
| 26 | shall be held by the State Treasurer as ex officio custodian | ||||||
| |||||||
| |||||||
| 1 | apart from all public moneys or funds of this State. Any | ||||||
| 2 | interest attributable to moneys in the Fund must be deposited | ||||||
| 3 | into the Fund. Moneys in the Municipal Wireless Service | ||||||
| 4 | Emergency Fund are not subject to appropriation. On or before | ||||||
| 5 | the 25th day of each calendar month, the Department shall | ||||||
| 6 | prepare and certify to the Comptroller the amount available for | ||||||
| 7 | disbursement to the home rule municipality out of the Municipal | ||||||
| 8 | Wireless Service Emergency Fund. The amount to be paid to the | ||||||
| 9 | Municipal Wireless Service Emergency Fund shall be the amount | ||||||
| 10 | (not including credit memoranda) collected during the second | ||||||
| 11 | preceding calendar month by the Department plus an amount the | ||||||
| 12 | Department determines is necessary to offset any amounts which | ||||||
| 13 | were erroneously paid to a different taxing body. The amount | ||||||
| 14 | paid to the Municipal Wireless Service Emergency Fund shall not | ||||||
| 15 | include any amount equal to the amount of refunds made during | ||||||
| 16 | the second preceding calendar month by the Department to | ||||||
| 17 | retailers under this Act or any amount that the Department | ||||||
| 18 | determines is necessary to offset any amounts which were | ||||||
| 19 | payable to a different taxing body but were erroneously paid to | ||||||
| 20 | the Municipal Wireless Service Emergency Fund. Within 10 days | ||||||
| 21 | after receipt by the Comptroller of the certification provided | ||||||
| 22 | for in this subsection, the Comptroller shall cause the orders | ||||||
| 23 | to be drawn for the respective amounts in accordance with the | ||||||
| 24 | directions in the certification. The Department may deduct an | ||||||
| 25 | amount, not to exceed 2% of remitted charges, to be transferred | ||||||
| 26 | into the Tax Compliance and Administration Fund to reimburse | ||||||
| |||||||
| |||||||
| 1 | the Department for its direct costs of administering the | ||||||
| 2 | collection and remittance of prepaid wireless 9-1-1 | ||||||
| 3 | surcharges. | ||||||
| 4 | (Source: P.A. 99-6, eff. 1-1-16; 100-303, eff. 8-24-17.)
| ||||||
| 5 | Section 430. The Counties Code is amended by changing | ||||||
| 6 | Section 3-3013 as follows:
| ||||||
| 7 | (55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
| ||||||
| 8 | Sec. 3-3013. Preliminary investigations; blood and urine | ||||||
| 9 | analysis;
summoning jury; reports. Every coroner, whenever, as | ||||||
| 10 | soon as he knows or is
informed that the dead body of any | ||||||
| 11 | person is found, or lying within his
county, whose death is | ||||||
| 12 | suspected of being:
| ||||||
| 13 | (a) A sudden or violent death, whether apparently | ||||||
| 14 | suicidal,
homicidal or accidental, including but not | ||||||
| 15 | limited to deaths apparently
caused or contributed to by | ||||||
| 16 | thermal, traumatic, chemical, electrical or
radiational | ||||||
| 17 | injury, or a complication of any of them, or by drowning or
| ||||||
| 18 | suffocation, or as a result of domestic violence as defined | ||||||
| 19 | in the Illinois
Domestic
Violence Act of 1986;
| ||||||
| 20 | (b) A death due to a
sex crime;
| ||||||
| 21 | (c) A death where the circumstances are suspicious, | ||||||
| 22 | obscure,
mysterious or otherwise unexplained or where, in | ||||||
| 23 | the written opinion of
the attending physician, the cause | ||||||
| 24 | of death is not determined;
| ||||||
| |||||||
| |||||||
| 1 | (d) A death where addiction to alcohol or to any drug | ||||||
| 2 | may have been
a contributory cause; or
| ||||||
| 3 | (e) A death where the decedent was not attended by a | ||||||
| 4 | licensed
physician;
| ||||||
| 5 | shall go to the place where the dead body is, and take charge | ||||||
| 6 | of the
same and shall make a preliminary investigation into the | ||||||
| 7 | circumstances
of the death. In the case of death without | ||||||
| 8 | attendance by a licensed
physician the body may be moved with | ||||||
| 9 | the coroner's consent from the
place of death to a mortuary in | ||||||
| 10 | the same county. Coroners in their
discretion shall notify such | ||||||
| 11 | physician as is designated in accordance
with Section 3-3014 to | ||||||
| 12 | attempt to ascertain the cause of death, either by
autopsy or | ||||||
| 13 | otherwise.
| ||||||
| 14 | In cases of accidental death involving a motor vehicle in | ||||||
| 15 | which the
decedent was (1) the operator or a suspected operator | ||||||
| 16 | of a motor
vehicle, or (2) a pedestrian 16 years of age or | ||||||
| 17 | older, the coroner shall
require that a blood specimen of at | ||||||
| 18 | least 30 cc., and if medically
possible a urine specimen of at | ||||||
| 19 | least 30 cc. or as much as possible up
to 30 cc., be withdrawn | ||||||
| 20 | from the body of the decedent in a timely fashion after
the | ||||||
| 21 | accident causing his death, by such physician as has been | ||||||
| 22 | designated
in accordance with Section 3-3014, or by the coroner | ||||||
| 23 | or deputy coroner or
a qualified person designated by such | ||||||
| 24 | physician, coroner, or deputy coroner. If the county
does not | ||||||
| 25 | maintain laboratory facilities for making such analysis, the
| ||||||
| 26 | blood and urine so drawn shall be sent to the Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State Police or any other accredited or | ||||||
| 2 | State-certified laboratory
for analysis of the alcohol, carbon | ||||||
| 3 | monoxide, and dangerous or
narcotic drug content of such blood | ||||||
| 4 | and urine specimens. Each specimen
submitted shall be | ||||||
| 5 | accompanied by pertinent information concerning the
decedent | ||||||
| 6 | upon a form prescribed by such laboratory. Any
person drawing | ||||||
| 7 | blood and urine and any person making any examination of
the | ||||||
| 8 | blood and urine under the terms of this Division shall be | ||||||
| 9 | immune from all
liability, civil or criminal, that might | ||||||
| 10 | otherwise be incurred or
imposed.
| ||||||
| 11 | In all other cases coming within the jurisdiction of the | ||||||
| 12 | coroner and
referred to in subparagraphs (a) through (e) above, | ||||||
| 13 | blood, and whenever
possible, urine samples shall be analyzed | ||||||
| 14 | for the presence of alcohol
and other drugs. When the coroner | ||||||
| 15 | suspects that drugs may have been
involved in the death, either | ||||||
| 16 | directly or indirectly, a toxicological
examination shall be | ||||||
| 17 | performed which may include analyses of blood, urine,
bile, | ||||||
| 18 | gastric contents and other tissues. When the coroner suspects
a | ||||||
| 19 | death is due to toxic substances, other than drugs, the coroner | ||||||
| 20 | shall
consult with the toxicologist prior to collection of | ||||||
| 21 | samples. Information
submitted to the toxicologist shall | ||||||
| 22 | include information as to height,
weight, age, sex and race of | ||||||
| 23 | the decedent as well as medical history,
medications used by | ||||||
| 24 | and the manner of death of decedent.
| ||||||
| 25 | When the coroner or medical examiner finds that the cause | ||||||
| 26 | of death is due to homicidal means, the coroner or medical | ||||||
| |||||||
| |||||||
| 1 | examiner shall cause blood and buccal specimens (tissue may be | ||||||
| 2 | submitted if no uncontaminated blood or buccal specimen can be | ||||||
| 3 | obtained), whenever possible, to be withdrawn from the body of | ||||||
| 4 | the decedent in a timely fashion. For proper preservation of | ||||||
| 5 | the specimens, collected blood and buccal specimens shall be | ||||||
| 6 | dried and tissue specimens shall be frozen if available | ||||||
| 7 | equipment exists. As soon as possible, but no later than 30 | ||||||
| 8 | days after the collection of the specimens, the coroner or | ||||||
| 9 | medical examiner shall release those specimens to the police | ||||||
| 10 | agency responsible for investigating the death. As soon as | ||||||
| 11 | possible, but no later than 30 days after the receipt from the | ||||||
| 12 | coroner or medical examiner, the police agency shall submit the | ||||||
| 13 | specimens using the agency case number to a National DNA Index | ||||||
| 14 | System (NDIS) participating laboratory within this State, such | ||||||
| 15 | as the Illinois Department of State Police, Division of | ||||||
| 16 | Forensic Services, for analysis and categorizing into genetic | ||||||
| 17 | marker groupings. The results of the analysis and categorizing | ||||||
| 18 | into genetic marker groupings shall be provided to the Illinois | ||||||
| 19 | Department of State Police and shall be maintained by the | ||||||
| 20 | Illinois Department of State Police in the State central | ||||||
| 21 | repository in the same manner, and subject to the same | ||||||
| 22 | conditions, as provided in Section 5-4-3 of the Unified Code of | ||||||
| 23 | Corrections. The requirements of this paragraph are in addition | ||||||
| 24 | to any other findings, specimens, or information that the | ||||||
| 25 | coroner or medical examiner is required to provide during the | ||||||
| 26 | conduct of a criminal investigation.
| ||||||
| |||||||
| |||||||
| 1 | In all counties, in cases of apparent
suicide, homicide, or | ||||||
| 2 | accidental death or in other cases, within the
discretion of | ||||||
| 3 | the coroner, the coroner may summon 8 persons of lawful age
| ||||||
| 4 | from those persons drawn for petit jurors in the county. The | ||||||
| 5 | summons shall
command these persons to present themselves | ||||||
| 6 | personally at such a place and
time as the coroner shall | ||||||
| 7 | determine, and may be in any form which the
coroner shall | ||||||
| 8 | determine and may incorporate any reasonable form of request
| ||||||
| 9 | for acknowledgment acknowledgement which the coroner deems | ||||||
| 10 | practical and provides a
reliable proof of service. The summons | ||||||
| 11 | may be served by first class mail.
From the 8 persons so | ||||||
| 12 | summoned, the coroner shall select 6 to serve as the
jury for | ||||||
| 13 | the inquest. Inquests may be continued from time
to time, as | ||||||
| 14 | the coroner may deem necessary. The 6 jurors selected in
a | ||||||
| 15 | given case may view the body of the deceased.
If at any | ||||||
| 16 | continuation of an inquest one or more of the original jurors
| ||||||
| 17 | shall be unable to continue to serve, the coroner shall fill | ||||||
| 18 | the vacancy or
vacancies. A juror serving pursuant to this | ||||||
| 19 | paragraph shall receive
compensation from the county at the | ||||||
| 20 | same rate as the rate of compensation
that is paid to petit or | ||||||
| 21 | grand jurors in the county. The coroner shall
furnish to each | ||||||
| 22 | juror without fee at the time of his discharge a
certificate of | ||||||
| 23 | the number of days in attendance at an inquest, and, upon
being | ||||||
| 24 | presented with such certificate, the county treasurer shall pay | ||||||
| 25 | to
the juror the sum provided for his services.
| ||||||
| 26 | In counties which have a jury commission, in cases of | ||||||
| |||||||
| |||||||
| 1 | apparent suicide or
homicide or of accidental death, the | ||||||
| 2 | coroner may conduct an inquest. The jury commission shall | ||||||
| 3 | provide
at least 8 jurors to the coroner, from whom the coroner | ||||||
| 4 | shall select any 6
to serve as the jury for the inquest. | ||||||
| 5 | Inquests may be continued from time
to time as the coroner may | ||||||
| 6 | deem necessary. The 6 jurors originally chosen
in a given case | ||||||
| 7 | may view the body of the deceased. If at any continuation
of an | ||||||
| 8 | inquest one or more of the 6 jurors originally chosen shall be | ||||||
| 9 | unable
to continue to serve, the coroner shall fill the vacancy | ||||||
| 10 | or vacancies. At
the coroner's discretion, additional jurors to | ||||||
| 11 | fill such vacancies shall be
supplied by the jury commission. A | ||||||
| 12 | juror serving pursuant to this
paragraph in such county shall | ||||||
| 13 | receive compensation from the county at the
same rate as the | ||||||
| 14 | rate of compensation that is paid to petit or grand jurors
in | ||||||
| 15 | the county.
| ||||||
| 16 | In every case in which a fire is determined to be
a
| ||||||
| 17 | contributing factor in a death, the coroner shall report the | ||||||
| 18 | death to the
Office of the State Fire Marshal. The coroner | ||||||
| 19 | shall provide a copy of the death certificate (i) within 30 | ||||||
| 20 | days after filing the permanent death certificate and (ii) in a | ||||||
| 21 | manner that is agreed upon by the coroner and the State Fire | ||||||
| 22 | Marshal. | ||||||
| 23 | In every case in which a drug overdose is determined to be | ||||||
| 24 | the cause or a contributing factor in the death, the coroner or | ||||||
| 25 | medical examiner shall report the death to the Department of | ||||||
| 26 | Public Health. The Department of Public Health shall adopt | ||||||
| |||||||
| |||||||
| 1 | rules regarding specific information that must be reported in | ||||||
| 2 | the event of such a death. If possible, the coroner shall | ||||||
| 3 | report the cause of the overdose. As used in this Section, | ||||||
| 4 | "overdose" has the same meaning as it does in Section 414 of | ||||||
| 5 | the Illinois Controlled Substances Act. The Department of | ||||||
| 6 | Public Health shall issue a semiannual report to the General | ||||||
| 7 | Assembly summarizing the reports received. The Department | ||||||
| 8 | shall also provide on its website a monthly report of overdose | ||||||
| 9 | death figures organized by location, age, and any other | ||||||
| 10 | factors, the Department deems appropriate. | ||||||
| 11 | In addition, in every case in which domestic violence is | ||||||
| 12 | determined to be
a
contributing factor in a death, the coroner | ||||||
| 13 | shall report the death to the
Illinois Department of State | ||||||
| 14 | Police.
| ||||||
| 15 | All deaths in State institutions and all deaths of wards of | ||||||
| 16 | the State or youth in care as defined in Section 4d of the | ||||||
| 17 | Children and Family Services Act in
private care facilities or | ||||||
| 18 | in programs funded by the Department of Human
Services under | ||||||
| 19 | its powers relating to mental health and developmental
| ||||||
| 20 | disabilities or alcoholism and substance
abuse or funded by the | ||||||
| 21 | Department of Children and Family Services shall
be reported to | ||||||
| 22 | the coroner of the county in which the facility is
located. If | ||||||
| 23 | the coroner has reason to believe that an investigation is
| ||||||
| 24 | needed to determine whether the death was caused by | ||||||
| 25 | maltreatment or
negligent care of the ward of the State or | ||||||
| 26 | youth in care as defined in Section 4d of the Children and | ||||||
| |||||||
| |||||||
| 1 | Family Services Act, the coroner may conduct a
preliminary | ||||||
| 2 | investigation of the circumstances of such death as in cases of
| ||||||
| 3 | death under circumstances set forth in paragraphs (a) through | ||||||
| 4 | (e) of this
Section.
| ||||||
| 5 | (Source: P.A. 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)
| ||||||
| 6 | Section 435. The Illinois Municipal Code is amended by | ||||||
| 7 | changing Sections 10-1-7.1, 10-2.1-6, 10-2.1-6.1, 10-2.1-6.2, | ||||||
| 8 | 10-2.1-6.3, and 11-32-1 as follows:
| ||||||
| 9 | (65 ILCS 5/10-1-7.1) | ||||||
| 10 | Sec. 10-1-7.1. Original appointments; full-time fire | ||||||
| 11 | department. | ||||||
| 12 | (a) Applicability. Unless a commission elects to follow the | ||||||
| 13 | provisions of Section 10-1-7.2, this Section shall apply to all | ||||||
| 14 | original appointments to an affected full-time fire | ||||||
| 15 | department. Existing registers of eligibles shall continue to | ||||||
| 16 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 17 | years after August 4, 2011 (the effective date of Public Act | ||||||
| 18 | 97-251) this amendatory Act of the 97th General Assembly. | ||||||
| 19 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 20 | to the contrary, all original appointments to an affected | ||||||
| 21 | department to which this Section applies shall be administered | ||||||
| 22 | in the manner provided for in this Section. Provisions of the | ||||||
| 23 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
| 24 | adopted pursuant to such authority and other laws relating to | ||||||
| |||||||
| |||||||
| 1 | initial hiring of firefighters in affected departments shall | ||||||
| 2 | continue to apply to the extent they are compatible with this | ||||||
| 3 | Section, but in the event of a conflict between this Section | ||||||
| 4 | and any other law, this Section shall control. | ||||||
| 5 | A home rule or non-home rule municipality may not | ||||||
| 6 | administer its fire department process for original | ||||||
| 7 | appointments in a manner that is less stringent than this | ||||||
| 8 | Section. This Section is a limitation under subsection (i) of | ||||||
| 9 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 10 | concurrent exercise by home rule units of the powers and | ||||||
| 11 | functions exercised by the State. | ||||||
| 12 | A municipality that is operating under a court order or | ||||||
| 13 | consent decree regarding original appointments to a full-time | ||||||
| 14 | fire department before August 4, 2011 (the effective date of | ||||||
| 15 | Public Act 97-251) this amendatory Act of the 97th General | ||||||
| 16 | Assembly is exempt from the requirements of this Section for | ||||||
| 17 | the duration of the court order or consent decree. | ||||||
| 18 | Notwithstanding any other provision of this subsection | ||||||
| 19 | (a), this Section does not apply to a municipality with more | ||||||
| 20 | than 1,000,000 inhabitants. | ||||||
| 21 | (b) Original appointments. All original appointments made | ||||||
| 22 | to an affected fire department shall be made from a register of | ||||||
| 23 | eligibles established in accordance with the processes | ||||||
| 24 | established by this Section. Only persons who meet or exceed | ||||||
| 25 | the performance standards required by this Section shall be | ||||||
| 26 | placed on a register of eligibles for original appointment to | ||||||
| |||||||
| |||||||
| 1 | an affected fire department. | ||||||
| 2 | Whenever an appointing authority authorizes action to hire | ||||||
| 3 | a person to perform the duties of a firefighter or to hire a | ||||||
| 4 | firefighter-paramedic to fill a position that is a new position | ||||||
| 5 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
| 6 | granting of a disability or retirement pension, or any other | ||||||
| 7 | cause, the appointing authority shall appoint to that position | ||||||
| 8 | the person with the highest ranking on the final eligibility | ||||||
| 9 | list. If the appointing authority has reason to conclude that | ||||||
| 10 | the highest ranked person fails to meet the minimum standards | ||||||
| 11 | for the position or if the appointing authority believes an | ||||||
| 12 | alternate candidate would better serve the needs of the | ||||||
| 13 | department, then the appointing authority has the right to pass | ||||||
| 14 | over the highest ranked person and appoint either: (i) any | ||||||
| 15 | person who has a ranking in the top 5% of the register of | ||||||
| 16 | eligibles or (ii) any person who is among the top 5 highest | ||||||
| 17 | ranked persons on the list of eligibles if the number of people | ||||||
| 18 | who have a ranking in the top 5% of the register of eligibles | ||||||
| 19 | is less than 5 people. | ||||||
| 20 | Any candidate may pass on an appointment once without | ||||||
| 21 | losing his or her position on the register of eligibles. Any | ||||||
| 22 | candidate who passes a second time may be removed from the list | ||||||
| 23 | by the appointing authority provided that such action shall not | ||||||
| 24 | prejudice a person's opportunities to participate in future | ||||||
| 25 | examinations, including an examination held during the time a | ||||||
| 26 | candidate is already on the municipality's register of | ||||||
| |||||||
| |||||||
| 1 | eligibles. | ||||||
| 2 | The sole authority to issue certificates of appointment | ||||||
| 3 | shall be vested in the Civil Service Commission. All | ||||||
| 4 | certificates of appointment issued to any officer or member of | ||||||
| 5 | an affected department shall be signed by the chairperson and | ||||||
| 6 | secretary, respectively, of the commission upon appointment of | ||||||
| 7 | such officer or member to the affected department by the | ||||||
| 8 | commission. After being selected from the register of eligibles | ||||||
| 9 | to fill a vacancy in the affected department, each appointee | ||||||
| 10 | shall be presented with his or her certificate of appointment | ||||||
| 11 | on the day on which he or she is sworn in as a classified member | ||||||
| 12 | of the affected department. Firefighters who were not issued a | ||||||
| 13 | certificate of appointment when originally appointed shall be | ||||||
| 14 | provided with a certificate within 10 days after making a | ||||||
| 15 | written request to the chairperson of the Civil Service | ||||||
| 16 | Commission. Each person who accepts a certificate of | ||||||
| 17 | appointment and successfully completes his or her probationary | ||||||
| 18 | period shall be enrolled as a firefighter and as a regular | ||||||
| 19 | member of the fire department. | ||||||
| 20 | For the purposes of this Section, "firefighter" means any | ||||||
| 21 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
| 22 | effective date of Public Act 97-251) this amendatory Act of the | ||||||
| 23 | 97th General Assembly appointed to a fire department or fire | ||||||
| 24 | protection district or employed by a State university and sworn | ||||||
| 25 | or commissioned to perform firefighter duties or paramedic | ||||||
| 26 | duties, or both, except that the following persons are not | ||||||
| |||||||
| |||||||
| 1 | included: part-time firefighters; auxiliary, reserve, or | ||||||
| 2 | voluntary firefighters, including paid-on-call firefighters; | ||||||
| 3 | clerks and dispatchers or other civilian employees of a fire | ||||||
| 4 | department or fire protection district who are not routinely | ||||||
| 5 | expected to perform firefighter duties; and elected officials. | ||||||
| 6 | (c) Qualification for placement on register of eligibles. | ||||||
| 7 | The purpose of establishing a register of eligibles is to | ||||||
| 8 | identify applicants who possess and demonstrate the mental | ||||||
| 9 | aptitude and physical ability to perform the duties required of | ||||||
| 10 | members of the fire department in order to provide the highest | ||||||
| 11 | quality of service to the public. To this end, all applicants | ||||||
| 12 | for original appointment to an affected fire department shall | ||||||
| 13 | be subject to examination and testing which shall be public, | ||||||
| 14 | competitive, and open to all applicants unless the municipality | ||||||
| 15 | shall by ordinance limit applicants to residents of the | ||||||
| 16 | municipality, county or counties in which the municipality is | ||||||
| 17 | located, State, or nation. Any examination and testing | ||||||
| 18 | procedure utilized under subsection (e) of this Section shall | ||||||
| 19 | be supported by appropriate validation evidence and shall | ||||||
| 20 | comply with all applicable State and federal laws. | ||||||
| 21 | Municipalities may establish educational, emergency medical | ||||||
| 22 | service licensure, and other prerequisites prerequites for | ||||||
| 23 | participation in an examination or for hire as a firefighter. | ||||||
| 24 | Any municipality may charge a fee to cover the costs of the | ||||||
| 25 | application process. | ||||||
| 26 | Residency requirements in effect at the time an individual | ||||||
| |||||||
| |||||||
| 1 | enters the fire service of a municipality cannot be made more | ||||||
| 2 | restrictive for that individual during his or her period of | ||||||
| 3 | service for that municipality, or be made a condition of | ||||||
| 4 | promotion, except for the rank or position of fire chief and | ||||||
| 5 | for no more than 2 positions that rank immediately below that | ||||||
| 6 | of the chief rank which are appointed positions pursuant to the | ||||||
| 7 | Fire Department Promotion Act. | ||||||
| 8 | No person who is 35 years of age or older shall be eligible | ||||||
| 9 | to take an examination for a position as a firefighter unless | ||||||
| 10 | the person has had previous employment status as a firefighter | ||||||
| 11 | in the regularly constituted fire department of the | ||||||
| 12 | municipality, except as provided in this Section. The age | ||||||
| 13 | limitation does not apply to: | ||||||
| 14 | (1) any person previously employed as a full-time | ||||||
| 15 | firefighter in a regularly constituted fire department of | ||||||
| 16 | (i) any municipality or fire protection district located in | ||||||
| 17 | Illinois, (ii) a fire protection district whose | ||||||
| 18 | obligations were assumed by a municipality under Section 21 | ||||||
| 19 | of the Fire Protection District Act, or (iii) a | ||||||
| 20 | municipality whose obligations were taken over by a fire | ||||||
| 21 | protection district, | ||||||
| 22 | (2) any person who has served a municipality as a | ||||||
| 23 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 24 | firefighter for the 5 years immediately preceding the time | ||||||
| 25 | that the municipality begins to use full-time firefighters | ||||||
| 26 | to provide all or part of its fire protection service, or | ||||||
| |||||||
| |||||||
| 1 | (3) any person who turned 35 while serving as a member | ||||||
| 2 | of the active or reserve components of any of the branches | ||||||
| 3 | of the Armed Forces of the United States or the National | ||||||
| 4 | Guard of any state, whose service was characterized as | ||||||
| 5 | honorable or under honorable, if separated from the | ||||||
| 6 | military, and is currently under the age of 40. | ||||||
| 7 | No person who is under 21 years of age shall be eligible | ||||||
| 8 | for employment as a firefighter. | ||||||
| 9 | No applicant shall be examined concerning his or her | ||||||
| 10 | political or religious opinions or affiliations. The | ||||||
| 11 | examinations shall be conducted by the commissioners of the | ||||||
| 12 | municipality or their designees and agents. | ||||||
| 13 | No municipality shall require that any firefighter | ||||||
| 14 | appointed to the lowest rank serve a probationary employment | ||||||
| 15 | period of longer than one year of actual active employment, | ||||||
| 16 | which may exclude periods of training, or injury or illness | ||||||
| 17 | leaves, including duty related leave, in excess of 30 calendar | ||||||
| 18 | days. Notwithstanding anything to the contrary in this Section, | ||||||
| 19 | the probationary employment period limitation may be extended | ||||||
| 20 | for a firefighter who is required, as a condition of | ||||||
| 21 | employment, to be a licensed paramedic, during which time the | ||||||
| 22 | sole reason that a firefighter may be discharged without a | ||||||
| 23 | hearing is for failing to meet the requirements for paramedic | ||||||
| 24 | licensure. | ||||||
| 25 | In the event that any applicant who has been found eligible | ||||||
| 26 | for appointment and whose name has been placed upon the final | ||||||
| |||||||
| |||||||
| 1 | eligibility register provided for in this Division 1 has not | ||||||
| 2 | been appointed to a firefighter position within one year after | ||||||
| 3 | the date of his or her physical ability examination, the | ||||||
| 4 | commission may cause a second examination to be made of that | ||||||
| 5 | applicant's physical ability prior to his or her appointment. | ||||||
| 6 | If, after the second examination, the physical ability of the | ||||||
| 7 | applicant shall be found to be less than the minimum standard | ||||||
| 8 | fixed by the rules of the commission, the applicant shall not | ||||||
| 9 | be appointed. The applicant's name may be retained upon the | ||||||
| 10 | register of candidates eligible for appointment and when next | ||||||
| 11 | reached for certification and appointment that applicant may be | ||||||
| 12 | again examined as provided in this Section, and if the physical | ||||||
| 13 | ability of that applicant is found to be less than the minimum | ||||||
| 14 | standard fixed by the rules of the commission, the applicant | ||||||
| 15 | shall not be appointed, and the name of the applicant shall be | ||||||
| 16 | removed from the register. | ||||||
| 17 | (d) Notice, examination, and testing components. Notice of | ||||||
| 18 | the time, place, general scope, merit criteria for any | ||||||
| 19 | subjective component, and fee of every examination shall be | ||||||
| 20 | given by the commission, by a publication at least 2 weeks | ||||||
| 21 | preceding the examination: (i) in one or more newspapers | ||||||
| 22 | published in the municipality, or if no newspaper is published | ||||||
| 23 | therein, then in one or more newspapers with a general | ||||||
| 24 | circulation within the municipality, or (ii) on the | ||||||
| 25 | municipality's Internet website. Additional notice of the | ||||||
| 26 | examination may be given as the commission shall prescribe. | ||||||
| |||||||
| |||||||
| 1 | The examination and qualifying standards for employment of | ||||||
| 2 | firefighters shall be based on: mental aptitude, physical | ||||||
| 3 | ability, preferences, moral character, and health. The mental | ||||||
| 4 | aptitude, physical ability, and preference components shall | ||||||
| 5 | determine an applicant's qualification for and placement on the | ||||||
| 6 | final register of eligibles. The examination may also include a | ||||||
| 7 | subjective component based on merit criteria as determined by | ||||||
| 8 | the commission. Scores from the examination must be made | ||||||
| 9 | available to the public. | ||||||
| 10 | (e) Mental aptitude. No person who does not possess at | ||||||
| 11 | least a high school diploma or an equivalent high school | ||||||
| 12 | education shall be placed on a register of eligibles. | ||||||
| 13 | Examination of an applicant's mental aptitude shall be based | ||||||
| 14 | upon a written examination. The examination shall be practical | ||||||
| 15 | in character and relate to those matters that fairly test the | ||||||
| 16 | capacity of the persons examined to discharge the duties | ||||||
| 17 | performed by members of a fire department. Written examinations | ||||||
| 18 | shall be administered in a manner that ensures the security and | ||||||
| 19 | accuracy of the scores achieved. | ||||||
| 20 | (f) Physical ability. All candidates shall be required to | ||||||
| 21 | undergo an examination of their physical ability to perform the | ||||||
| 22 | essential functions included in the duties they may be called | ||||||
| 23 | upon to perform as a member of a fire department. For the | ||||||
| 24 | purposes of this Section, essential functions of the job are | ||||||
| 25 | functions associated with duties that a firefighter may be | ||||||
| 26 | called upon to perform in response to emergency calls. The | ||||||
| |||||||
| |||||||
| 1 | frequency of the occurrence of those duties as part of the fire | ||||||
| 2 | department's regular routine shall not be a controlling factor | ||||||
| 3 | in the design of examination criteria or evolutions selected | ||||||
| 4 | for testing. These physical examinations shall be open, | ||||||
| 5 | competitive, and based on industry standards designed to test | ||||||
| 6 | each applicant's physical abilities in the following | ||||||
| 7 | dimensions: | ||||||
| 8 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 9 | that may be required in the performance of duties including | ||||||
| 10 | grip strength, leg strength, and arm strength. Tests shall | ||||||
| 11 | be conducted under anaerobic as well as aerobic conditions | ||||||
| 12 | to test both the candidate's speed and endurance in | ||||||
| 13 | performing tasks and evolutions. Tasks tested may be based | ||||||
| 14 | on standards developed, or approved, by the local | ||||||
| 15 | appointing authority. | ||||||
| 16 | (2) The ability to climb ladders, operate from heights, | ||||||
| 17 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
| 18 | and operate in proximity to hazardous environments. | ||||||
| 19 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 20 | and complex problem solving during physical exertion in | ||||||
| 21 | stressful and hazardous environments. The testing | ||||||
| 22 | environment may be hot and dark with tightly enclosed | ||||||
| 23 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 24 | The tests utilized to measure each applicant's
| ||||||
| 25 | capabilities in each of these dimensions may be tests based on
| ||||||
| 26 | industry standards currently in use or equivalent tests | ||||||
| |||||||
| |||||||
| 1 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 2 | of the State Fire Marshal. | ||||||
| 3 | Physical ability examinations administered under this | ||||||
| 4 | Section shall be conducted with a reasonable number of proctors | ||||||
| 5 | and monitors, open to the public, and subject to reasonable | ||||||
| 6 | regulations of the commission. | ||||||
| 7 | (g) Scoring of examination components. Appointing | ||||||
| 8 | authorities may create a preliminary eligibility register. A | ||||||
| 9 | person shall be placed on the list based upon his or her | ||||||
| 10 | passage of the written examination or the passage of the | ||||||
| 11 | written examination and the physical ability component. | ||||||
| 12 | Passage of the written examination means attaining the minimum | ||||||
| 13 | score set by the commission. Minimum scores should be set by | ||||||
| 14 | the commission so as to demonstrate a candidate's ability to | ||||||
| 15 | perform the essential functions of the job. The minimum score | ||||||
| 16 | set by the commission shall be supported by appropriate | ||||||
| 17 | validation evidence and shall comply with all applicable State | ||||||
| 18 | and federal laws. The appointing authority may conduct the | ||||||
| 19 | physical ability component and any subjective components | ||||||
| 20 | subsequent to the posting of the preliminary eligibility | ||||||
| 21 | register. | ||||||
| 22 | The examination components for an initial eligibility | ||||||
| 23 | register shall be graded on a 100-point scale. A person's | ||||||
| 24 | position on the list shall be determined by the following: (i)
| ||||||
| 25 | the person's score on the written examination, (ii) the person
| ||||||
| 26 | successfully passing the physical ability component, and (iii) | ||||||
| |||||||
| |||||||
| 1 | the
person's results on any subjective component as described | ||||||
| 2 | in
subsection (d). | ||||||
| 3 | In order to qualify for placement on the final eligibility | ||||||
| 4 | register, an applicant's score on the written examination, | ||||||
| 5 | before any applicable preference points or subjective points | ||||||
| 6 | are applied, shall be at or above the minimum score set by the | ||||||
| 7 | commission. The local appointing authority may prescribe the | ||||||
| 8 | score to qualify for placement on the final eligibility | ||||||
| 9 | register, but the score shall not be less than the minimum | ||||||
| 10 | score set by the commission. | ||||||
| 11 | The commission shall prepare and keep a register of persons | ||||||
| 12 | whose total score is not less than the minimum score for | ||||||
| 13 | passage and who have passed the physical ability examination. | ||||||
| 14 | These persons shall take rank upon the register as candidates | ||||||
| 15 | in the order of their relative excellence based on the highest | ||||||
| 16 | to the lowest total points scored on the mental aptitude, | ||||||
| 17 | subjective component, and preference components of the test | ||||||
| 18 | administered in accordance with this Section. No more than 60 | ||||||
| 19 | days after each examination, an initial eligibility list shall | ||||||
| 20 | be posted by the commission. The list shall include the final | ||||||
| 21 | grades of the candidates without reference to priority of the | ||||||
| 22 | time of examination and subject to claim for preference credit. | ||||||
| 23 | Commissions may conduct additional examinations, including | ||||||
| 24 | without limitation a polygraph test, after a final eligibility | ||||||
| 25 | register is established and before it expires with the | ||||||
| 26 | candidates ranked by total score without regard to date of | ||||||
| |||||||
| |||||||
| 1 | examination. No more than 60 days after each examination, an | ||||||
| 2 | initial eligibility list shall be posted by the commission | ||||||
| 3 | showing the final grades of the candidates without reference to | ||||||
| 4 | priority of time of examination and subject to claim for | ||||||
| 5 | preference credit. | ||||||
| 6 | (h) Preferences. The following are preferences: | ||||||
| 7 | (1) Veteran preference. Persons who were engaged in the | ||||||
| 8 | military service of the United States for a period of at | ||||||
| 9 | least one year of active duty and who were honorably | ||||||
| 10 | discharged therefrom, or who are now or have been members | ||||||
| 11 | on inactive or reserve duty in such military or naval | ||||||
| 12 | service, shall be preferred for appointment to and | ||||||
| 13 | employment with the fire department of an affected | ||||||
| 14 | department. | ||||||
| 15 | (2) Fire cadet preference. Persons who have | ||||||
| 16 | successfully completed 2 years of study in fire techniques | ||||||
| 17 | or cadet training within a cadet program established under | ||||||
| 18 | the rules of the Joint Labor and Management Committee | ||||||
| 19 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 20 | Promotion Act, may be preferred for appointment to and | ||||||
| 21 | employment with the fire department. | ||||||
| 22 | (3) Educational preference. Persons who have | ||||||
| 23 | successfully obtained an associate's degree in the field of | ||||||
| 24 | fire service or emergency medical services, or a bachelor's | ||||||
| 25 | degree from an accredited college or university may be | ||||||
| 26 | preferred for appointment to and employment with the fire | ||||||
| |||||||
| |||||||
| 1 | department. | ||||||
| 2 | (4) Paramedic preference. Persons who have obtained a | ||||||
| 3 | license as a paramedic may be preferred for appointment to | ||||||
| 4 | and employment with the fire department of an affected | ||||||
| 5 | department providing emergency medical services. | ||||||
| 6 | (5) Experience preference. All persons employed by a | ||||||
| 7 | municipality who have been paid-on-call or part-time | ||||||
| 8 | certified Firefighter II, certified Firefighter III, State | ||||||
| 9 | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
| 10 | paramedic, or any combination of those capacities may be | ||||||
| 11 | awarded up to a maximum of 5 points. However, the applicant | ||||||
| 12 | may not be awarded more than 0.5 points for each complete | ||||||
| 13 | year of paid-on-call or part-time service. Applicants from | ||||||
| 14 | outside the municipality who were employed as full-time | ||||||
| 15 | firefighters or firefighter-paramedics by a fire | ||||||
| 16 | protection district or another municipality may be awarded | ||||||
| 17 | up to 5 experience preference points. However, the | ||||||
| 18 | applicant may not be awarded more than one point for each | ||||||
| 19 | complete year of full-time service. | ||||||
| 20 | Upon request by the commission, the governing body of | ||||||
| 21 | the municipality or in the case of applicants from outside | ||||||
| 22 | the municipality the governing body of any fire protection | ||||||
| 23 | district or any other municipality shall certify to the | ||||||
| 24 | commission, within 10 days after the request, the number of | ||||||
| 25 | years of successful paid-on-call, part-time, or full-time | ||||||
| 26 | service of any person. A candidate may not receive the full | ||||||
| |||||||
| |||||||
| 1 | amount of preference points under this subsection if the | ||||||
| 2 | amount of points awarded would place the candidate before a | ||||||
| 3 | veteran on the eligibility list. If more than one candidate | ||||||
| 4 | receiving experience preference points is prevented from | ||||||
| 5 | receiving all of their points due to not being allowed to | ||||||
| 6 | pass a veteran, the candidates shall be placed on the list | ||||||
| 7 | below the veteran in rank order based on the totals | ||||||
| 8 | received if all points under this subsection were to be | ||||||
| 9 | awarded. Any remaining ties on the list shall be determined | ||||||
| 10 | by lot. | ||||||
| 11 | (6) Residency preference. Applicants whose principal | ||||||
| 12 | residence is located within the fire department's | ||||||
| 13 | jurisdiction may be preferred for appointment to and | ||||||
| 14 | employment with the fire department. | ||||||
| 15 | (7) Additional preferences. Up to 5 additional | ||||||
| 16 | preference points may be awarded for unique categories | ||||||
| 17 | based on an applicant's experience or background as | ||||||
| 18 | identified by the commission. | ||||||
| 19 | (7.5) Apprentice preferences. A person who has | ||||||
| 20 | performed fire suppression service for a department as a | ||||||
| 21 | firefighter apprentice and otherwise meet the | ||||||
| 22 | qualifications for original appointment as a firefighter | ||||||
| 23 | specified in this Section may be awarded up to 20 | ||||||
| 24 | preference points. To qualify for preference points, an | ||||||
| 25 | applicant shall have completed a minimum of 600 hours of | ||||||
| 26 | fire suppression work on a regular shift for the affected | ||||||
| |||||||
| |||||||
| 1 | fire department over a 12-month period. The fire | ||||||
| 2 | suppression work must be in accordance with Section 10-1-14 | ||||||
| 3 | of this Division and the terms established by a Joint | ||||||
| 4 | Apprenticeship Committee included in a collective | ||||||
| 5 | bargaining agreement agreed between the employer and its | ||||||
| 6 | certified bargaining agent. An eligible applicant must | ||||||
| 7 | apply to the Joint Apprenticeship Committee for preference | ||||||
| 8 | points under this item. The Joint Apprenticeship Committee | ||||||
| 9 | shall evaluate the merit of the applicant's performance, | ||||||
| 10 | determine the preference points to be awarded, and certify | ||||||
| 11 | the amount of points awarded to the commissioners. The | ||||||
| 12 | commissioners may add the certified preference points to | ||||||
| 13 | the final grades achieved by the applicant on the other | ||||||
| 14 | components of the examination. | ||||||
| 15 | (8) Scoring of preferences. The commission shall give | ||||||
| 16 | preference for original appointment to persons designated | ||||||
| 17 | in item (1)
by adding to the final grade that they receive | ||||||
| 18 | 5 points
for the recognized preference achieved. The | ||||||
| 19 | commission may give preference for original appointment to | ||||||
| 20 | persons designated in item (7.5) by adding to the final | ||||||
| 21 | grade the amount of points designated by the Joint | ||||||
| 22 | Apprenticeship Committee as defined in item (7.5). The | ||||||
| 23 | commission shall determine the number of preference points | ||||||
| 24 | for each category, except (1) and (7.5). The number of | ||||||
| 25 | preference points for each category shall range from 0 to | ||||||
| 26 | 5, except item (7.5). In determining the number of | ||||||
| |||||||
| |||||||
| 1 | preference points, the commission shall prescribe that if a | ||||||
| 2 | candidate earns the maximum number of preference points in | ||||||
| 3 | all categories except item (7.5), that number may not be | ||||||
| 4 | less than 10 nor more than 30. The commission shall give | ||||||
| 5 | preference for original appointment to persons designated | ||||||
| 6 | in items (2) through (7) by adding the requisite number of | ||||||
| 7 | points to the final grade for each recognized preference | ||||||
| 8 | achieved. The numerical result thus attained shall be | ||||||
| 9 | applied by the commission in determining the final | ||||||
| 10 | eligibility list and appointment from the eligibility | ||||||
| 11 | list. The local appointing authority may prescribe the | ||||||
| 12 | total number of preference points awarded under this | ||||||
| 13 | Section, but the total number of preference points, except | ||||||
| 14 | item (7.5), shall not be less than 10 points or more than | ||||||
| 15 | 30 points. Apprentice preference points may be added in | ||||||
| 16 | addition to other preference points awarded by the | ||||||
| 17 | commission. | ||||||
| 18 | No person entitled to any preference shall be required to | ||||||
| 19 | claim the credit before any examination held under the | ||||||
| 20 | provisions of this Section, but the preference shall be given | ||||||
| 21 | after the posting or publication of the initial eligibility | ||||||
| 22 | list or register at the request of a person entitled to a | ||||||
| 23 | credit before any certification or appointments are made from | ||||||
| 24 | the eligibility register, upon the furnishing of verifiable | ||||||
| 25 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 26 | who are eligible for preference credit shall make a claim in | ||||||
| |||||||
| |||||||
| 1 | writing within 10 days after the posting of the initial | ||||||
| 2 | eligibility list, or the claim shall be deemed waived. Final | ||||||
| 3 | eligibility registers shall be established after the awarding | ||||||
| 4 | of verified preference points. However, apprentice preference | ||||||
| 5 | credit earned subsequent to the establishment of the final | ||||||
| 6 | eligibility register may be applied to the applicant's score | ||||||
| 7 | upon certification by the Joint Apprenticeship Committee to the | ||||||
| 8 | commission and the rank order of candidates on the final | ||||||
| 9 | eligibility register shall be adjusted accordingly. All | ||||||
| 10 | employment shall be subject to the commission's initial hire | ||||||
| 11 | background review including, but not limited to, criminal | ||||||
| 12 | history, employment history, moral character, oral | ||||||
| 13 | examination, and medical and psychological examinations, all | ||||||
| 14 | on a pass-fail basis. The medical and psychological | ||||||
| 15 | examinations must be conducted last, and may only be performed | ||||||
| 16 | after a conditional offer of employment has been extended. | ||||||
| 17 | Any person placed on an eligibility list who exceeds the | ||||||
| 18 | age requirement before being appointed to a fire department | ||||||
| 19 | shall remain eligible for appointment until the list is | ||||||
| 20 | abolished, or his or her name has been on the list for a period | ||||||
| 21 | of 2 years. No person who has attained the age of 35 years | ||||||
| 22 | shall be inducted into a fire department, except as otherwise | ||||||
| 23 | provided in this Section. | ||||||
| 24 | The commission shall strike off the names of candidates for | ||||||
| 25 | original appointment after the names have been on the list for | ||||||
| 26 | more than 2 years. | ||||||
| |||||||
| |||||||
| 1 | (i) Moral character. No person shall be appointed to a fire | ||||||
| 2 | department unless he or she is a person of good character; not | ||||||
| 3 | a habitual drunkard, a gambler, or a person who has been | ||||||
| 4 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 5 | However, no person shall be disqualified from appointment to | ||||||
| 6 | the fire department because of the person's record of | ||||||
| 7 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 8 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 9 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 10 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
| 11 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 12 | Criminal Code of 2012, or arrest for any cause without | ||||||
| 13 | conviction thereon. Any such person who is in the department | ||||||
| 14 | may be removed on charges brought for violating this subsection | ||||||
| 15 | and after a trial as hereinafter provided. | ||||||
| 16 | A classifiable set of the fingerprints of every person who | ||||||
| 17 | is offered employment as a certificated member of an affected | ||||||
| 18 | fire department whether with or without compensation, shall be | ||||||
| 19 | furnished to the Illinois Department of State Police and to the | ||||||
| 20 | Federal Bureau of Investigation by the commission. | ||||||
| 21 | Whenever a commission is authorized or required by law to | ||||||
| 22 | consider some aspect of criminal history record information for | ||||||
| 23 | the purpose of carrying out its statutory powers and | ||||||
| 24 | responsibilities, then, upon request and payment of fees in | ||||||
| 25 | conformance with the requirements of Section 2605-400 of the | ||||||
| 26 | Illinois State Police Law of the Civil Administrative Code of | ||||||
| |||||||
| |||||||
| 1 | Illinois, the Illinois Department of State Police is authorized | ||||||
| 2 | to furnish, pursuant to positive identification, the | ||||||
| 3 | information contained in State files as is necessary to fulfill | ||||||
| 4 | the request. | ||||||
| 5 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 6 | of public business, to meet extraordinary exigencies, or to | ||||||
| 7 | prevent material impairment of the fire department, the | ||||||
| 8 | commission may make temporary appointments, to remain in force | ||||||
| 9 | only until regular appointments are made under the provisions | ||||||
| 10 | of this Division, but never to exceed 60 days. No temporary | ||||||
| 11 | appointment of any one person shall be made more than twice in | ||||||
| 12 | any calendar year. | ||||||
| 13 | (k) A person who knowingly divulges or receives test | ||||||
| 14 | questions or answers before a written examination, or otherwise | ||||||
| 15 | knowingly violates or subverts any requirement of this Section, | ||||||
| 16 | commits a violation of this Section and may be subject to | ||||||
| 17 | charges for official misconduct. | ||||||
| 18 | A person who is the knowing recipient of test information | ||||||
| 19 | in advance of the examination shall be disqualified from the | ||||||
| 20 | examination or discharged from the position to which he or she | ||||||
| 21 | was appointed, as applicable, and otherwise subjected to | ||||||
| 22 | disciplinary actions.
| ||||||
| 23 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
| 24 | revised 11-26-19.)
| ||||||
| 25 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 10-2.1-6. Examination of applicants; | ||||||
| 2 | disqualifications.
| ||||||
| 3 | (a) All applicants for a position in either the fire or | ||||||
| 4 | police department
of the municipality shall be under 35 years | ||||||
| 5 | of age, shall be subject to an
examination that shall be | ||||||
| 6 | public, competitive, and open to all applicants
(unless the | ||||||
| 7 | council or board of trustees by ordinance limit applicants to
| ||||||
| 8 | electors of the municipality, county, state or nation) and | ||||||
| 9 | shall be subject to
reasonable limitations as to residence, | ||||||
| 10 | health, habits, and moral character.
The municipality may not | ||||||
| 11 | charge or collect any fee from an applicant who has
met all | ||||||
| 12 | prequalification standards established by the municipality for | ||||||
| 13 | any such
position. With respect to a police department, a | ||||||
| 14 | veteran shall be allowed to exceed the maximum age provision of | ||||||
| 15 | this Section by the number of years served on active military | ||||||
| 16 | duty, but by no more than 10 years of active military duty.
| ||||||
| 17 | (b) Residency requirements in effect at the time an | ||||||
| 18 | individual enters the
fire or police service of a municipality | ||||||
| 19 | (other than a municipality that
has more than 1,000,000 | ||||||
| 20 | inhabitants) cannot be made more restrictive for
that | ||||||
| 21 | individual during his period of service for that municipality, | ||||||
| 22 | or be
made a condition of promotion, except for the rank or | ||||||
| 23 | position of Fire or
Police Chief.
| ||||||
| 24 | (c) No person with a record of misdemeanor convictions | ||||||
| 25 | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
| 26 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
| |||||||
| |||||||
| 1 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, | ||||||
| 2 | 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and | ||||||
| 3 | (a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8) | ||||||
| 4 | of
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
| 5 | Code of 2012, or arrested for any cause but not
convicted on | ||||||
| 6 | that cause shall be disqualified from taking the examination to
| ||||||
| 7 | qualify for a position in the fire department on grounds of | ||||||
| 8 | habits or moral
character.
| ||||||
| 9 | (d) The age limitation in subsection (a) does not apply (i) | ||||||
| 10 | to any person
previously employed as a policeman or fireman in | ||||||
| 11 | a regularly constituted police
or fire department of (I) any | ||||||
| 12 | municipality, regardless of whether the municipality is | ||||||
| 13 | located in Illinois or in another state, or (II) a fire | ||||||
| 14 | protection district
whose obligations were assumed by a | ||||||
| 15 | municipality under Section 21 of the Fire
Protection District | ||||||
| 16 | Act, (ii) to any person who has served a municipality as a
| ||||||
| 17 | regularly enrolled volunteer fireman for 5 years immediately | ||||||
| 18 | preceding the time
that municipality begins to use full time | ||||||
| 19 | firemen to provide all or part of its
fire protection service, | ||||||
| 20 | or (iii) to any person who has served as an auxiliary police | ||||||
| 21 | officer under Section 3.1-30-20 for at least 5 years and is | ||||||
| 22 | under 40 years of
age, (iv) to any person who has served as a | ||||||
| 23 | deputy under Section 3-6008 of
the Counties Code and otherwise | ||||||
| 24 | meets necessary training requirements, or (v) to any person who | ||||||
| 25 | has served as a sworn officer as a member of the Illinois | ||||||
| 26 | Department of State Police.
| ||||||
| |||||||
| |||||||
| 1 | (e) Applicants who are 20 years of age and who have | ||||||
| 2 | successfully completed 2
years of law enforcement studies at an | ||||||
| 3 | accredited college or university may be
considered for | ||||||
| 4 | appointment to active duty with the police department. An
| ||||||
| 5 | applicant described in this subsection (e) who is appointed to | ||||||
| 6 | active duty
shall not have power of arrest, nor shall the | ||||||
| 7 | applicant be permitted to carry
firearms, until he or she | ||||||
| 8 | reaches 21 years of age.
| ||||||
| 9 | (f) Applicants who are 18 years of age and who have | ||||||
| 10 | successfully
completed 2 years of study in fire techniques, | ||||||
| 11 | amounting to a total of 4
high school credits, within the cadet | ||||||
| 12 | program of a municipality may be
considered for appointment to | ||||||
| 13 | active duty with the fire department of any
municipality.
| ||||||
| 14 | (g) The council or board of trustees may by ordinance | ||||||
| 15 | provide
that persons residing outside the municipality are | ||||||
| 16 | eligible to take the
examination.
| ||||||
| 17 | (h) The examinations shall be practical in character and | ||||||
| 18 | relate to
those matters that will fairly test the capacity of | ||||||
| 19 | the persons examined
to discharge the duties of the positions | ||||||
| 20 | to which they seek appointment. No
person shall be appointed to | ||||||
| 21 | the police or fire department if he or she does
not possess a | ||||||
| 22 | high school diploma or an equivalent high school education.
A | ||||||
| 23 | board of fire and police commissioners may, by its rules, | ||||||
| 24 | require police
applicants to have obtained an associate's | ||||||
| 25 | degree or a bachelor's degree as a
prerequisite for employment. | ||||||
| 26 | The
examinations shall include tests of physical | ||||||
| |||||||
| |||||||
| 1 | qualifications and health. A board of fire and police | ||||||
| 2 | commissioners may, by its rules, waive portions of the required | ||||||
| 3 | examination for police applicants who have previously been | ||||||
| 4 | full-time sworn officers of a regular police department in any | ||||||
| 5 | municipal, county, university, or State law enforcement | ||||||
| 6 | agency, provided they are certified by the Illinois Law | ||||||
| 7 | Enforcement Training Standards Board and have been with their | ||||||
| 8 | respective law enforcement agency within the State for at least | ||||||
| 9 | 2 years. No
person shall be appointed to the police or fire | ||||||
| 10 | department if he or she has
suffered the amputation of any limb | ||||||
| 11 | unless the applicant's duties will be only
clerical or as a | ||||||
| 12 | radio operator. No applicant shall be examined concerning his
| ||||||
| 13 | or her political or religious opinions or affiliations. The | ||||||
| 14 | examinations shall
be conducted by the board of fire and police | ||||||
| 15 | commissioners of the municipality
as provided in this Division | ||||||
| 16 | 2.1.
| ||||||
| 17 | The requirement that a police applicant possess an | ||||||
| 18 | associate's degree under this subsection may be waived if one | ||||||
| 19 | or more of the following applies: (1) the applicant has served | ||||||
| 20 | for 24 months of honorable active duty in the United States | ||||||
| 21 | Armed Forces and has not been discharged dishonorably or under | ||||||
| 22 | circumstances other than honorable; (2) the applicant has | ||||||
| 23 | served for 180 days of active duty in the United States Armed | ||||||
| 24 | Forces in combat duty recognized by the Department of Defense | ||||||
| 25 | and has not been discharged dishonorably or under circumstances | ||||||
| 26 | other than honorable; or (3) the applicant has successfully | ||||||
| |||||||
| |||||||
| 1 | received credit for a minimum of 60 credit hours toward a | ||||||
| 2 | bachelor's degree from an accredited college or university. | ||||||
| 3 | The requirement that a police applicant possess a | ||||||
| 4 | bachelor's degree under this subsection may be waived if one or | ||||||
| 5 | more of the following applies: (1) the applicant has served for | ||||||
| 6 | 36 months of honorable active duty in the United States Armed | ||||||
| 7 | Forces and has not been discharged dishonorably or under | ||||||
| 8 | circumstances other than honorable or (2) the applicant has | ||||||
| 9 | served for 180 days of active duty in the United States Armed | ||||||
| 10 | Forces in combat duty recognized by the Department of Defense | ||||||
| 11 | and has not been discharged dishonorably or under circumstances | ||||||
| 12 | other than honorable. | ||||||
| 13 | (i) No person who is classified by his local selective | ||||||
| 14 | service draft board
as a conscientious objector, or who has | ||||||
| 15 | ever been so classified, may be
appointed to the police | ||||||
| 16 | department.
| ||||||
| 17 | (j) No person shall be appointed to the police or fire | ||||||
| 18 | department unless he
or she is a person of good character and | ||||||
| 19 | not an habitual drunkard, gambler, or
a person who has been | ||||||
| 20 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
| 21 | person, however, shall be disqualified from appointment to the
| ||||||
| 22 | fire department because of his or her record of misdemeanor | ||||||
| 23 | convictions except
those under Sections 11-1.50, 11-6, 11-7, | ||||||
| 24 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
| ||||||
| 25 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||||||
| 26 | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
| |||||||
| |||||||
| 1 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
| 2 | subsections (1), (6) and (8) of Section
24-1 of the Criminal | ||||||
| 3 | Code of 1961 or the Criminal Code of 2012, or arrest for any | ||||||
| 4 | cause without conviction on
that cause. Any such person who is | ||||||
| 5 | in the department may be removed on charges
brought and after a | ||||||
| 6 | trial as provided in this Division 2.1.
| ||||||
| 7 | (Source: P.A. 100-467, eff. 9-8-17.)
| ||||||
| 8 | (65 ILCS 5/10-2.1-6.1) (from Ch. 24, par. 10-2.1-6.1)
| ||||||
| 9 | Sec. 10-2.1-6.1.
A classifiable set of the fingerprints of | ||||||
| 10 | every person who is now
employed, or who hereafter becomes | ||||||
| 11 | employed, as a full time member of a
regular fire or police | ||||||
| 12 | department of any municipality in this State,
whether with or | ||||||
| 13 | without compensation, shall be furnished to the Illinois | ||||||
| 14 | Department of State Police and to the Federal Bureau
of | ||||||
| 15 | Investigation by
the board of fire or police commissioners or | ||||||
| 16 | other appropriate appointing
authority, as the case may be.
| ||||||
| 17 | (Source: P.A. 84-25.)
| ||||||
| 18 | (65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2)
| ||||||
| 19 | Sec. 10-2.1-6.2.
Whenever the Board of Fire and Police | ||||||
| 20 | Commissioners
is authorized or required by law to consider some | ||||||
| 21 | aspect of criminal
history record information for the purpose | ||||||
| 22 | of carrying out its statutory
powers and responsibilities, | ||||||
| 23 | then, upon request and payment of fees in
conformance with the | ||||||
| 24 | requirements of Section 2605-400 of the
Illinois Department of | ||||||
| |||||||
| |||||||
| 1 | State Police Law (20 ILCS 2605/2605-400), the Illinois | ||||||
| 2 | Department of State Police is
authorized to furnish, pursuant | ||||||
| 3 | to positive identification, such
information contained in | ||||||
| 4 | State files as is necessary to fulfill the
request.
| ||||||
| 5 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 6 | (65 ILCS 5/10-2.1-6.3) | ||||||
| 7 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
| 8 | department. | ||||||
| 9 | (a) Applicability. Unless a commission elects to follow the | ||||||
| 10 | provisions of Section 10-2.1-6.4, this Section shall apply to | ||||||
| 11 | all original appointments to an affected full-time fire | ||||||
| 12 | department. Existing registers of eligibles shall continue to | ||||||
| 13 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 14 | years after August 4, 2011 (the effective date of Public Act | ||||||
| 15 | 97-251) this amendatory Act of the 97th General Assembly. | ||||||
| 16 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 17 | to the contrary, all original appointments to an affected | ||||||
| 18 | department to which this Section applies shall be administered | ||||||
| 19 | in the manner provided for in this Section. Provisions of the | ||||||
| 20 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
| 21 | adopted pursuant to such authority and other laws relating to | ||||||
| 22 | initial hiring of firefighters in affected departments shall | ||||||
| 23 | continue to apply to the extent they are compatible with this | ||||||
| 24 | Section, but in the event of a conflict between this Section | ||||||
| 25 | and any other law, this Section shall control. | ||||||
| |||||||
| |||||||
| 1 | A home rule or non-home rule municipality may not | ||||||
| 2 | administer its fire department process for original | ||||||
| 3 | appointments in a manner that is less stringent than this | ||||||
| 4 | Section. This Section is a limitation under subsection (i) of | ||||||
| 5 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 6 | concurrent exercise by home rule units of the powers and | ||||||
| 7 | functions exercised by the State. | ||||||
| 8 | A municipality that is operating under a court order or | ||||||
| 9 | consent decree regarding original appointments to a full-time | ||||||
| 10 | fire department before August 4, 2011 (the effective date of | ||||||
| 11 | Public Act 97-251) this amendatory Act of the 97th General | ||||||
| 12 | Assembly is exempt from the requirements of this Section for | ||||||
| 13 | the duration of the court order or consent decree. | ||||||
| 14 | Notwithstanding any other provision of this subsection | ||||||
| 15 | (a), this Section does not apply to a municipality with more | ||||||
| 16 | than 1,000,000 inhabitants. | ||||||
| 17 | (b) Original appointments. All original appointments made | ||||||
| 18 | to an affected fire department shall be made from a register of | ||||||
| 19 | eligibles established in accordance with the processes | ||||||
| 20 | established by this Section. Only persons who meet or exceed | ||||||
| 21 | the performance standards required by this Section shall be | ||||||
| 22 | placed on a register of eligibles for original appointment to | ||||||
| 23 | an affected fire department. | ||||||
| 24 | Whenever an appointing authority authorizes action to hire | ||||||
| 25 | a person to perform the duties of a firefighter or to hire a | ||||||
| 26 | firefighter-paramedic to fill a position that is a new position | ||||||
| |||||||
| |||||||
| 1 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
| 2 | granting of a disability or retirement pension, or any other | ||||||
| 3 | cause, the appointing authority shall appoint to that position | ||||||
| 4 | the person with the highest ranking on the final eligibility | ||||||
| 5 | list. If the appointing authority has reason to conclude that | ||||||
| 6 | the highest ranked person fails to meet the minimum standards | ||||||
| 7 | for the position or if the appointing authority believes an | ||||||
| 8 | alternate candidate would better serve the needs of the | ||||||
| 9 | department, then the appointing authority has the right to pass | ||||||
| 10 | over the highest ranked person and appoint either: (i) any | ||||||
| 11 | person who has a ranking in the top 5% of the register of | ||||||
| 12 | eligibles or (ii) any person who is among the top 5 highest | ||||||
| 13 | ranked persons on the list of eligibles if the number of people | ||||||
| 14 | who have a ranking in the top 5% of the register of eligibles | ||||||
| 15 | is less than 5 people. | ||||||
| 16 | Any candidate may pass on an appointment once without | ||||||
| 17 | losing his or her position on the register of eligibles. Any | ||||||
| 18 | candidate who passes a second time may be removed from the list | ||||||
| 19 | by the appointing authority provided that such action shall not | ||||||
| 20 | prejudice a person's opportunities to participate in future | ||||||
| 21 | examinations, including an examination held during the time a | ||||||
| 22 | candidate is already on the municipality's register of | ||||||
| 23 | eligibles. | ||||||
| 24 | The sole authority to issue certificates of appointment | ||||||
| 25 | shall be vested in the board of fire and police commissioners. | ||||||
| 26 | All certificates of appointment issued to any officer or member | ||||||
| |||||||
| |||||||
| 1 | of an affected department shall be signed by the chairperson | ||||||
| 2 | and secretary, respectively, of the board upon appointment of | ||||||
| 3 | such officer or member to the affected department by action of | ||||||
| 4 | the board. After being selected from the register of eligibles | ||||||
| 5 | to fill a vacancy in the affected department, each appointee | ||||||
| 6 | shall be presented with his or her certificate of appointment | ||||||
| 7 | on the day on which he or she is sworn in as a classified member | ||||||
| 8 | of the affected department. Firefighters who were not issued a | ||||||
| 9 | certificate of appointment when originally appointed shall be | ||||||
| 10 | provided with a certificate within 10 days after making a | ||||||
| 11 | written request to the chairperson of the board of fire and | ||||||
| 12 | police commissioners. Each person who accepts a certificate of | ||||||
| 13 | appointment and successfully completes his or her probationary | ||||||
| 14 | period shall be enrolled as a firefighter and as a regular | ||||||
| 15 | member of the fire department. | ||||||
| 16 | For the purposes of this Section, "firefighter" means any | ||||||
| 17 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
| 18 | effective date of Public Act 97-251) this amendatory Act of the | ||||||
| 19 | 97th General Assembly appointed to a fire department or fire | ||||||
| 20 | protection district or employed by a State university and sworn | ||||||
| 21 | or commissioned to perform firefighter duties or paramedic | ||||||
| 22 | duties, or both, except that the following persons are not | ||||||
| 23 | included: part-time firefighters; auxiliary, reserve, or | ||||||
| 24 | voluntary firefighters, including paid-on-call firefighters; | ||||||
| 25 | clerks and dispatchers or other civilian employees of a fire | ||||||
| 26 | department or fire protection district who are not routinely | ||||||
| |||||||
| |||||||
| 1 | expected to perform firefighter duties; and elected officials. | ||||||
| 2 | (c) Qualification for placement on register of eligibles. | ||||||
| 3 | The purpose of establishing a register of eligibles is to | ||||||
| 4 | identify applicants who possess and demonstrate the mental | ||||||
| 5 | aptitude and physical ability to perform the duties required of | ||||||
| 6 | members of the fire department in order to provide the highest | ||||||
| 7 | quality of service to the public. To this end, all applicants | ||||||
| 8 | for original appointment to an affected fire department shall | ||||||
| 9 | be subject to examination and testing which shall be public, | ||||||
| 10 | competitive, and open to all applicants unless the municipality | ||||||
| 11 | shall by ordinance limit applicants to residents of the | ||||||
| 12 | municipality, county or counties in which the municipality is | ||||||
| 13 | located, State, or nation. Any examination and testing | ||||||
| 14 | procedure utilized under subsection (e) of this Section shall | ||||||
| 15 | be supported by appropriate validation evidence and shall | ||||||
| 16 | comply with all applicable State and federal laws. | ||||||
| 17 | Municipalities may establish educational, emergency medical | ||||||
| 18 | service licensure, and other prerequisites prerequites for | ||||||
| 19 | participation in an examination or for hire as a firefighter. | ||||||
| 20 | Any municipality may charge a fee to cover the costs of the | ||||||
| 21 | application process. | ||||||
| 22 | Residency requirements in effect at the time an individual | ||||||
| 23 | enters the fire service of a municipality cannot be made more | ||||||
| 24 | restrictive for that individual during his or her period of | ||||||
| 25 | service for that municipality, or be made a condition of | ||||||
| 26 | promotion, except for the rank or position of fire chief and | ||||||
| |||||||
| |||||||
| 1 | for no more than 2 positions that rank immediately below that | ||||||
| 2 | of the chief rank which are appointed positions pursuant to the | ||||||
| 3 | Fire Department Promotion Act. | ||||||
| 4 | No person who is 35 years of age or older shall be eligible | ||||||
| 5 | to take an examination for a position as a firefighter unless | ||||||
| 6 | the person has had previous employment status as a firefighter | ||||||
| 7 | in the regularly constituted fire department of the | ||||||
| 8 | municipality, except as provided in this Section. The age | ||||||
| 9 | limitation does not apply to: | ||||||
| 10 | (1) any person previously employed as a full-time | ||||||
| 11 | firefighter in a regularly constituted fire department of | ||||||
| 12 | (i) any municipality or fire protection district located in | ||||||
| 13 | Illinois, (ii) a fire protection district whose | ||||||
| 14 | obligations were assumed by a municipality under Section 21 | ||||||
| 15 | of the Fire Protection District Act, or (iii) a | ||||||
| 16 | municipality whose obligations were taken over by a fire | ||||||
| 17 | protection district, | ||||||
| 18 | (2) any person who has served a municipality as a | ||||||
| 19 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 20 | firefighter for the 5 years immediately preceding the time | ||||||
| 21 | that the municipality begins to use full-time firefighters | ||||||
| 22 | to provide all or part of its fire protection service, or | ||||||
| 23 | (3) any person who turned 35 while serving as a member | ||||||
| 24 | of the active or reserve components of any of the branches | ||||||
| 25 | of the Armed Forces of the United States or the National | ||||||
| 26 | Guard of any state, whose service was characterized as | ||||||
| |||||||
| |||||||
| 1 | honorable or under honorable, if separated from the | ||||||
| 2 | military, and is currently under the age of 40. | ||||||
| 3 | No person who is under 21 years of age shall be eligible | ||||||
| 4 | for employment as a firefighter. | ||||||
| 5 | No applicant shall be examined concerning his or her | ||||||
| 6 | political or religious opinions or affiliations. The | ||||||
| 7 | examinations shall be conducted by the commissioners of the | ||||||
| 8 | municipality or their designees and agents. | ||||||
| 9 | No municipality shall require that any firefighter | ||||||
| 10 | appointed to the lowest rank serve a probationary employment | ||||||
| 11 | period of longer than one year of actual active employment, | ||||||
| 12 | which may exclude periods of training, or injury or illness | ||||||
| 13 | leaves, including duty related leave, in excess of 30 calendar | ||||||
| 14 | days. Notwithstanding anything to the contrary in this Section, | ||||||
| 15 | the probationary employment period limitation may be extended | ||||||
| 16 | for a firefighter who is required, as a condition of | ||||||
| 17 | employment, to be a licensed paramedic, during which time the | ||||||
| 18 | sole reason that a firefighter may be discharged without a | ||||||
| 19 | hearing is for failing to meet the requirements for paramedic | ||||||
| 20 | licensure. | ||||||
| 21 | In the event that any applicant who has been found eligible | ||||||
| 22 | for appointment and whose name has been placed upon the final | ||||||
| 23 | eligibility register provided for in this Section has not been | ||||||
| 24 | appointed to a firefighter position within one year after the | ||||||
| 25 | date of his or her physical ability examination, the commission | ||||||
| 26 | may cause a second examination to be made of that applicant's | ||||||
| |||||||
| |||||||
| 1 | physical ability prior to his or her appointment. If, after the | ||||||
| 2 | second examination, the physical ability of the applicant shall | ||||||
| 3 | be found to be less than the minimum standard fixed by the | ||||||
| 4 | rules of the commission, the applicant shall not be appointed. | ||||||
| 5 | The applicant's name may be retained upon the register of | ||||||
| 6 | candidates eligible for appointment and when next reached for | ||||||
| 7 | certification and appointment that applicant may be again | ||||||
| 8 | examined as provided in this Section, and if the physical | ||||||
| 9 | ability of that applicant is found to be less than the minimum | ||||||
| 10 | standard fixed by the rules of the commission, the applicant | ||||||
| 11 | shall not be appointed, and the name of the applicant shall be | ||||||
| 12 | removed from the register. | ||||||
| 13 | (d) Notice, examination, and testing components. Notice of | ||||||
| 14 | the time, place, general scope, merit criteria for any | ||||||
| 15 | subjective component, and fee of every examination shall be | ||||||
| 16 | given by the commission, by a publication at least 2 weeks | ||||||
| 17 | preceding the examination: (i) in one or more newspapers | ||||||
| 18 | published in the municipality, or if no newspaper is published | ||||||
| 19 | therein, then in one or more newspapers with a general | ||||||
| 20 | circulation within the municipality, or (ii) on the | ||||||
| 21 | municipality's Internet website. Additional notice of the | ||||||
| 22 | examination may be given as the commission shall prescribe. | ||||||
| 23 | The examination and qualifying standards for employment of | ||||||
| 24 | firefighters shall be based on: mental aptitude, physical | ||||||
| 25 | ability, preferences, moral character, and health. The mental | ||||||
| 26 | aptitude, physical ability, and preference components shall | ||||||
| |||||||
| |||||||
| 1 | determine an applicant's qualification for and placement on the | ||||||
| 2 | final register of eligibles. The examination may also include a | ||||||
| 3 | subjective component based on merit criteria as determined by | ||||||
| 4 | the commission. Scores from the examination must be made | ||||||
| 5 | available to the public. | ||||||
| 6 | (e) Mental aptitude. No person who does not possess at | ||||||
| 7 | least a high school diploma or an equivalent high school | ||||||
| 8 | education shall be placed on a register of eligibles. | ||||||
| 9 | Examination of an applicant's mental aptitude shall be based | ||||||
| 10 | upon a written examination. The examination shall be practical | ||||||
| 11 | in character and relate to those matters that fairly test the | ||||||
| 12 | capacity of the persons examined to discharge the duties | ||||||
| 13 | performed by members of a fire department. Written examinations | ||||||
| 14 | shall be administered in a manner that ensures the security and | ||||||
| 15 | accuracy of the scores achieved. | ||||||
| 16 | (f) Physical ability. All candidates shall be required to | ||||||
| 17 | undergo an examination of their physical ability to perform the | ||||||
| 18 | essential functions included in the duties they may be called | ||||||
| 19 | upon to perform as a member of a fire department. For the | ||||||
| 20 | purposes of this Section, essential functions of the job are | ||||||
| 21 | functions associated with duties that a firefighter may be | ||||||
| 22 | called upon to perform in response to emergency calls. The | ||||||
| 23 | frequency of the occurrence of those duties as part of the fire | ||||||
| 24 | department's regular routine shall not be a controlling factor | ||||||
| 25 | in the design of examination criteria or evolutions selected | ||||||
| 26 | for testing. These physical examinations shall be open, | ||||||
| |||||||
| |||||||
| 1 | competitive, and based on industry standards designed to test | ||||||
| 2 | each applicant's physical abilities in the following | ||||||
| 3 | dimensions: | ||||||
| 4 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 5 | that may be required in the performance of duties including | ||||||
| 6 | grip strength, leg strength, and arm strength. Tests shall | ||||||
| 7 | be conducted under anaerobic as well as aerobic conditions | ||||||
| 8 | to test both the candidate's speed and endurance in | ||||||
| 9 | performing tasks and evolutions. Tasks tested may be based | ||||||
| 10 | on standards developed, or approved, by the local | ||||||
| 11 | appointing authority. | ||||||
| 12 | (2) The ability to climb ladders, operate from heights, | ||||||
| 13 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
| 14 | and operate in proximity to hazardous environments. | ||||||
| 15 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 16 | and complex problem solving during physical exertion in | ||||||
| 17 | stressful and hazardous environments. The testing | ||||||
| 18 | environment may be hot and dark with tightly enclosed | ||||||
| 19 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 20 | The tests utilized to measure each applicant's
| ||||||
| 21 | capabilities in each of these dimensions may be tests based on
| ||||||
| 22 | industry standards currently in use or equivalent tests | ||||||
| 23 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 24 | of the State Fire Marshal. | ||||||
| 25 | Physical ability examinations administered under this | ||||||
| 26 | Section shall be conducted with a reasonable number of proctors | ||||||
| |||||||
| |||||||
| 1 | and monitors, open to the public, and subject to reasonable | ||||||
| 2 | regulations of the commission. | ||||||
| 3 | (g) Scoring of examination components. Appointing | ||||||
| 4 | authorities may create a preliminary eligibility register. A | ||||||
| 5 | person shall be placed on the list based upon his or her | ||||||
| 6 | passage of the written examination or the passage of the | ||||||
| 7 | written examination and the physical ability component. | ||||||
| 8 | Passage of the written examination means attaining the minimum | ||||||
| 9 | score set by the commission. Minimum scores should be set by | ||||||
| 10 | the commission so as to demonstrate a candidate's ability to | ||||||
| 11 | perform the essential functions of the job. The minimum score | ||||||
| 12 | set by the commission shall be supported by appropriate | ||||||
| 13 | validation evidence and shall comply with all applicable State | ||||||
| 14 | and federal laws. The appointing authority may conduct the | ||||||
| 15 | physical ability component and any subjective components | ||||||
| 16 | subsequent to the posting of the preliminary eligibility | ||||||
| 17 | register. | ||||||
| 18 | The examination components for an initial eligibility | ||||||
| 19 | register shall be graded on a 100-point scale. A person's | ||||||
| 20 | position on the list shall be determined by the following: (i)
| ||||||
| 21 | the person's score on the written examination, (ii) the person
| ||||||
| 22 | successfully passing the physical ability component, and (iii) | ||||||
| 23 | the
person's results on any subjective component as described | ||||||
| 24 | in
subsection (d). | ||||||
| 25 | In order to qualify for placement on the final eligibility | ||||||
| 26 | register, an applicant's score on the written examination, | ||||||
| |||||||
| |||||||
| 1 | before any applicable preference points or subjective points | ||||||
| 2 | are applied, shall be at or above the minimum score as set by | ||||||
| 3 | the commission. The local appointing authority may prescribe | ||||||
| 4 | the score to qualify for placement on the final eligibility | ||||||
| 5 | register, but the score shall not be less than the minimum | ||||||
| 6 | score set by the commission. | ||||||
| 7 | The commission shall prepare and keep a register of persons | ||||||
| 8 | whose total score is not less than the minimum score for | ||||||
| 9 | passage and who have passed the physical ability examination. | ||||||
| 10 | These persons shall take rank upon the register as candidates | ||||||
| 11 | in the order of their relative excellence based on the highest | ||||||
| 12 | to the lowest total points scored on the mental aptitude, | ||||||
| 13 | subjective component, and preference components of the test | ||||||
| 14 | administered in accordance with this Section. No more than 60 | ||||||
| 15 | days after each examination, an initial eligibility list shall | ||||||
| 16 | be posted by the commission. The list shall include the final | ||||||
| 17 | grades of the candidates without reference to priority of the | ||||||
| 18 | time of examination and subject to claim for preference credit. | ||||||
| 19 | Commissions may conduct additional examinations, including | ||||||
| 20 | without limitation a polygraph test, after a final eligibility | ||||||
| 21 | register is established and before it expires with the | ||||||
| 22 | candidates ranked by total score without regard to date of | ||||||
| 23 | examination. No more than 60 days after each examination, an | ||||||
| 24 | initial eligibility list shall be posted by the commission | ||||||
| 25 | showing the final grades of the candidates without reference to | ||||||
| 26 | priority of time of examination and subject to claim for | ||||||
| |||||||
| |||||||
| 1 | preference credit. | ||||||
| 2 | (h) Preferences. The following are preferences: | ||||||
| 3 | (1) Veteran preference. Persons who were engaged in the | ||||||
| 4 | military service of the United States for a period of at | ||||||
| 5 | least one year of active duty and who were honorably | ||||||
| 6 | discharged therefrom, or who are now or have been members | ||||||
| 7 | on inactive or reserve duty in such military or naval | ||||||
| 8 | service, shall be preferred for appointment to and | ||||||
| 9 | employment with the fire department of an affected | ||||||
| 10 | department. | ||||||
| 11 | (2) Fire cadet preference. Persons who have | ||||||
| 12 | successfully completed 2 years of study in fire techniques | ||||||
| 13 | or cadet training within a cadet program established under | ||||||
| 14 | the rules of the Joint Labor and Management Committee | ||||||
| 15 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 16 | Promotion Act, may be preferred for appointment to and | ||||||
| 17 | employment with the fire department. | ||||||
| 18 | (3) Educational preference. Persons who have | ||||||
| 19 | successfully obtained an associate's degree in the field of | ||||||
| 20 | fire service or emergency medical services, or a bachelor's | ||||||
| 21 | degree from an accredited college or university may be | ||||||
| 22 | preferred for appointment to and employment with the fire | ||||||
| 23 | department. | ||||||
| 24 | (4) Paramedic preference. Persons who have obtained a | ||||||
| 25 | license as a paramedic shall be preferred for appointment | ||||||
| 26 | to and employment with the fire department of an affected | ||||||
| |||||||
| |||||||
| 1 | department providing emergency medical services. | ||||||
| 2 | (5) Experience preference. All persons employed by a | ||||||
| 3 | municipality who have been paid-on-call or part-time | ||||||
| 4 | certified Firefighter II, State of Illinois or nationally | ||||||
| 5 | licensed EMT, EMT-I, A-EMT, or any combination of those | ||||||
| 6 | capacities shall be awarded 0.5 point for each year of | ||||||
| 7 | successful service in one or more of those capacities, up | ||||||
| 8 | to a maximum of 5 points. Certified Firefighter III and | ||||||
| 9 | State of Illinois or nationally licensed paramedics shall | ||||||
| 10 | be awarded one point per year up to a maximum of 5 points. | ||||||
| 11 | Applicants from outside the municipality who were employed | ||||||
| 12 | as full-time firefighters or firefighter-paramedics by a | ||||||
| 13 | fire protection district or another municipality for at | ||||||
| 14 | least 2 years shall be awarded 5 experience preference | ||||||
| 15 | points. These additional points presuppose a rating scale | ||||||
| 16 | totaling 100 points available for the eligibility list. If | ||||||
| 17 | more or fewer points are used in the rating scale for the | ||||||
| 18 | eligibility list, the points awarded under this subsection | ||||||
| 19 | shall be increased or decreased by a factor equal to the | ||||||
| 20 | total possible points available for the examination | ||||||
| 21 | divided by 100. | ||||||
| 22 | Upon request by the commission, the governing body of | ||||||
| 23 | the municipality or in the case of applicants from outside | ||||||
| 24 | the municipality the governing body of any fire protection | ||||||
| 25 | district or any other municipality shall certify to the | ||||||
| 26 | commission, within 10 days after the request, the number of | ||||||
| |||||||
| |||||||
| 1 | years of successful paid-on-call, part-time, or full-time | ||||||
| 2 | service of any person. A candidate may not receive the full | ||||||
| 3 | amount of preference points under this subsection if the | ||||||
| 4 | amount of points awarded would place the candidate before a | ||||||
| 5 | veteran on the eligibility list. If more than one candidate | ||||||
| 6 | receiving experience preference points is prevented from | ||||||
| 7 | receiving all of their points due to not being allowed to | ||||||
| 8 | pass a veteran, the candidates shall be placed on the list | ||||||
| 9 | below the veteran in rank order based on the totals | ||||||
| 10 | received if all points under this subsection were to be | ||||||
| 11 | awarded. Any remaining ties on the list shall be determined | ||||||
| 12 | by lot. | ||||||
| 13 | (6) Residency preference. Applicants whose principal | ||||||
| 14 | residence is located within the fire department's | ||||||
| 15 | jurisdiction shall be preferred for appointment to and | ||||||
| 16 | employment with the fire department. | ||||||
| 17 | (7) Additional preferences. Up to 5 additional | ||||||
| 18 | preference points may be awarded for unique categories | ||||||
| 19 | based on an applicant's experience or background as | ||||||
| 20 | identified by the commission. | ||||||
| 21 | (7.5) Apprentice preferences. A person who has | ||||||
| 22 | performed fire suppression service for a department as a | ||||||
| 23 | firefighter apprentice and otherwise meet the | ||||||
| 24 | qualifications for original appointment as a firefighter | ||||||
| 25 | specified in this Section are eligible to be awarded up to | ||||||
| 26 | 20 preference points. To qualify for preference points, an | ||||||
| |||||||
| |||||||
| 1 | applicant shall have completed a minimum of 600 hours of | ||||||
| 2 | fire suppression work on a regular shift for the affected | ||||||
| 3 | fire department over a 12-month period. The fire | ||||||
| 4 | suppression work must be in accordance with Section | ||||||
| 5 | 10-2.1-4 of this Division and the terms established by a | ||||||
| 6 | Joint Apprenticeship Committee included in a collective | ||||||
| 7 | bargaining agreement agreed between the employer and its | ||||||
| 8 | certified bargaining agent. An eligible applicant must | ||||||
| 9 | apply to the Joint Apprenticeship Committee for preference | ||||||
| 10 | points under this item. The Joint Apprenticeship Committee | ||||||
| 11 | shall evaluate the merit of the applicant's performance, | ||||||
| 12 | determine the preference points to be awarded, and certify | ||||||
| 13 | the amount of points awarded to the commissioners. The | ||||||
| 14 | commissioners may add the certified preference points to | ||||||
| 15 | the final grades achieved by the applicant on the other | ||||||
| 16 | components of the examination. | ||||||
| 17 | (8) Scoring of preferences. The commission may give | ||||||
| 18 | preference for original appointment
to persons designated | ||||||
| 19 | in item (1)
by adding to the final grade that they receive | ||||||
| 20 | 5 points
for the recognized preference achieved. The | ||||||
| 21 | commission may give preference for original appointment to | ||||||
| 22 | persons designated in item (7.5) by adding to the final | ||||||
| 23 | grade the amount of points designated by the Joint | ||||||
| 24 | Apprenticeship Committee as defined in item (7.5). The | ||||||
| 25 | commission shall determine the number of preference points | ||||||
| 26 | for each category, except (1) and (7.5). The number of | ||||||
| |||||||
| |||||||
| 1 | preference points for each category shall range from 0 to | ||||||
| 2 | 5, except item (7.5). In determining the number of | ||||||
| 3 | preference points, the commission shall prescribe that if a | ||||||
| 4 | candidate earns the maximum number of preference points in | ||||||
| 5 | all categories except item (7.5), that number may not be | ||||||
| 6 | less than 10 nor more than 30. The commission shall give | ||||||
| 7 | preference for original appointment to persons designated | ||||||
| 8 | in items (2) through (7) by adding the requisite number of | ||||||
| 9 | points to the final grade for each recognized preference | ||||||
| 10 | achieved. The numerical result thus attained shall be | ||||||
| 11 | applied by the commission in determining the final | ||||||
| 12 | eligibility list and appointment from the eligibility | ||||||
| 13 | list. The local appointing authority may prescribe the | ||||||
| 14 | total number of preference points awarded under this | ||||||
| 15 | Section, but the total number of preference points, except | ||||||
| 16 | item (7.5), shall not be less than 10 points or more than | ||||||
| 17 | 30 points. Apprentice preference points may be added in | ||||||
| 18 | addition to other preference points awarded by the | ||||||
| 19 | commission. | ||||||
| 20 | No person entitled to any preference shall be required to | ||||||
| 21 | claim the credit before any examination held under the | ||||||
| 22 | provisions of this Section, but the preference may be given | ||||||
| 23 | after the posting or publication of the initial eligibility | ||||||
| 24 | list or register at the request of a person entitled to a | ||||||
| 25 | credit before any certification or appointments are made from | ||||||
| 26 | the eligibility register, upon the furnishing of verifiable | ||||||
| |||||||
| |||||||
| 1 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 2 | who are eligible for preference credit may make a claim in | ||||||
| 3 | writing within 10 days after the posting of the initial | ||||||
| 4 | eligibility list, or the claim may be deemed waived. Final | ||||||
| 5 | eligibility registers may be established after the awarding of | ||||||
| 6 | verified preference points. However, apprentice preference | ||||||
| 7 | credit earned subsequent to the establishment of the final | ||||||
| 8 | eligibility register may be applied to the applicant's score | ||||||
| 9 | upon certification by the Joint Apprenticeship Committee to the | ||||||
| 10 | commission and the rank order of candidates on the final | ||||||
| 11 | eligibility register shall be adjusted accordingly. All | ||||||
| 12 | employment shall be subject to the commission's initial hire | ||||||
| 13 | background review, including, but not limited to, criminal | ||||||
| 14 | history, employment history, moral character, oral | ||||||
| 15 | examination, and medical and psychological examinations, all | ||||||
| 16 | on a pass-fail basis. The medical and psychological | ||||||
| 17 | examinations must be conducted last, and may only be performed | ||||||
| 18 | after a conditional offer of employment has been extended. | ||||||
| 19 | Any person placed on an eligibility list who exceeds the | ||||||
| 20 | age requirement before being appointed to a fire department | ||||||
| 21 | shall remain eligible for appointment until the list is | ||||||
| 22 | abolished, or his or her name has been on the list for a period | ||||||
| 23 | of 2 years. No person who has attained the age of 35 years | ||||||
| 24 | shall be inducted into a fire department, except as otherwise | ||||||
| 25 | provided in this Section. | ||||||
| 26 | The commission shall strike off the names of candidates for | ||||||
| |||||||
| |||||||
| 1 | original appointment after the names have been on the list for | ||||||
| 2 | more than 2 years. | ||||||
| 3 | (i) Moral character. No person shall be appointed to a fire | ||||||
| 4 | department unless he or she is a person of good character; not | ||||||
| 5 | a habitual drunkard, a gambler, or a person who has been | ||||||
| 6 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 7 | However, no person shall be disqualified from appointment to | ||||||
| 8 | the fire department because of the person's record of | ||||||
| 9 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 10 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 11 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 12 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
| 13 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 14 | Criminal Code of 2012, or arrest for any cause without | ||||||
| 15 | conviction thereon. Any such person who is in the department | ||||||
| 16 | may be removed on charges brought for violating this subsection | ||||||
| 17 | and after a trial as hereinafter provided. | ||||||
| 18 | A classifiable set of the fingerprints of every person who | ||||||
| 19 | is offered employment as a certificated member of an affected | ||||||
| 20 | fire department whether with or without compensation, shall be | ||||||
| 21 | furnished to the Illinois Department of State Police and to the | ||||||
| 22 | Federal Bureau of Investigation by the commission. | ||||||
| 23 | Whenever a commission is authorized or required by law to | ||||||
| 24 | consider some aspect of criminal history record information for | ||||||
| 25 | the purpose of carrying out its statutory powers and | ||||||
| 26 | responsibilities, then, upon request and payment of fees in | ||||||
| |||||||
| |||||||
| 1 | conformance with the requirements of Section 2605-400 of the | ||||||
| 2 | Illinois State Police Law of the Civil Administrative Code of | ||||||
| 3 | Illinois, the Illinois Department of State Police is authorized | ||||||
| 4 | to furnish, pursuant to positive identification, the | ||||||
| 5 | information contained in State files as is necessary to fulfill | ||||||
| 6 | the request. | ||||||
| 7 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 8 | of public business, to meet extraordinary exigencies, or to | ||||||
| 9 | prevent material impairment of the fire department, the | ||||||
| 10 | commission may make temporary appointments, to remain in force | ||||||
| 11 | only until regular appointments are made under the provisions | ||||||
| 12 | of this Division, but never to exceed 60 days. No temporary | ||||||
| 13 | appointment of any one person shall be made more than twice in | ||||||
| 14 | any calendar year. | ||||||
| 15 | (k) A person who knowingly divulges or receives test | ||||||
| 16 | questions or answers before a written examination, or otherwise | ||||||
| 17 | knowingly violates or subverts any requirement of this Section, | ||||||
| 18 | commits a violation of this Section and may be subject to | ||||||
| 19 | charges for official misconduct. | ||||||
| 20 | A person who is the knowing recipient of test information | ||||||
| 21 | in advance of the examination shall be disqualified from the | ||||||
| 22 | examination or discharged from the position to which he or she | ||||||
| 23 | was appointed, as applicable, and otherwise subjected to | ||||||
| 24 | disciplinary actions.
| ||||||
| 25 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
| 26 | revised 11-26-19.)
| ||||||
| |||||||
| |||||||
| 1 | (65 ILCS 5/11-32-1) (from Ch. 24, par. 11-32-1)
| ||||||
| 2 | Sec. 11-32-1. The corporate authorities of each | ||||||
| 3 | municipality may:
| ||||||
| 4 | (1) provide for the regulation, safe construction, | ||||||
| 5 | installation,
alteration, inspection, testing and maintenance | ||||||
| 6 | of heating, air
conditioning and refrigerating systems | ||||||
| 7 | specified in this section.
| ||||||
| 8 | (2) provide for examination, licensing and regulation of | ||||||
| 9 | heating, air
conditioning and refrigeration contractors; and | ||||||
| 10 | fix the amount of license
fees, not exceeding $50, and the | ||||||
| 11 | terms and manner of issuing and revoking
licenses of such | ||||||
| 12 | contractors.
| ||||||
| 13 | (3) provide for the appointment of a board of examiners | ||||||
| 14 | which shall
examine applicants for and issue licenses to such | ||||||
| 15 | contractors as are found
capable and trustworthy.
| ||||||
| 16 | A. The term "heating, air conditioning and refrigeration | ||||||
| 17 | contractor"
means:
| ||||||
| 18 | (a) any person engaged in the business of installing, | ||||||
| 19 | altering or
servicing heating, air conditioning or | ||||||
| 20 | refrigerating systems;
| ||||||
| 21 | (b) any private or municipally owned public utility if such | ||||||
| 22 | public
utility installs heating, air conditioning or | ||||||
| 23 | refrigerating systems.
| ||||||
| 24 | The term "heating, air conditioning and refrigeration | ||||||
| 25 | contractor" does
not include: (i) any private or municipally | ||||||
| |||||||
| |||||||
| 1 | owned public utility, fuel
supplier or dealer that supplies | ||||||
| 2 | fuel and services or repairs heating or
air conditioning | ||||||
| 3 | appliances or equipment in connection with or as a part of
| ||||||
| 4 | their business of supplying the fuel used in such appliances or | ||||||
| 5 | equipment;
or (ii) any liquefied petroleum gas dealer subject | ||||||
| 6 | to "An Act to regulate
the storage, transportation, sale and | ||||||
| 7 | use of liquefied petroleum gases",
approved July 11, 1955, as | ||||||
| 8 | now or hereafter amended, and the rules and
regulations of the | ||||||
| 9 | Illinois Department of State Police promulgated
pursuant to
| ||||||
| 10 | such Act; or (iii) any electrical contractor registered or | ||||||
| 11 | licensed as such
under the provisions of this Act or any other | ||||||
| 12 | statute.
| ||||||
| 13 | B. The term "heating system" means any heating unit | ||||||
| 14 | intended to warm the
atmosphere of any building or rooms | ||||||
| 15 | therein used for human occupancy.
| ||||||
| 16 | C. The term "air conditioning system" means any air | ||||||
| 17 | conditioning unit
designed to cool the atmosphere of any | ||||||
| 18 | building or rooms therein used for
human occupancy, which unit | ||||||
| 19 | has a rated heat removal capacity in excess of
20,000 British | ||||||
| 20 | thermal units per hour; and also any such unit regardless of
| ||||||
| 21 | size or rating that is installed in such a manner that it | ||||||
| 22 | projects from a
building where pedestrian traffic will pass | ||||||
| 23 | below it.
| ||||||
| 24 | D. The term "refrigerating system" means any refrigerating | ||||||
| 25 | unit, other
than an air conditioning system as defined in this | ||||||
| 26 | section, which is to be
used in conjunction with or as an aid | ||||||
| |||||||
| |||||||
| 1 | to any commercial enterprise but does
not include a | ||||||
| 2 | refrigerating unit used for family household purposes.
| ||||||
| 3 | Any heating, air conditioning and refrigeration contractor | ||||||
| 4 | properly
licensed under paragraph (2) of this section in the | ||||||
| 5 | municipality of his
principal place of business in this State | ||||||
| 6 | may install heating, air
conditioning and refrigeration | ||||||
| 7 | systems in any other municipality without
securing an | ||||||
| 8 | additional license, provided that such contractor complies | ||||||
| 9 | with
the rules and regulations of the municipality where such | ||||||
| 10 | systems are
installed.
| ||||||
| 11 | (Source: P.A. 84-25.)
| ||||||
| 12 | Section 440. The Fire Protection District Act is amended by | ||||||
| 13 | changing Section 16.06b as follows:
| ||||||
| 14 | (70 ILCS 705/16.06b) | ||||||
| 15 | Sec. 16.06b. Original appointments; full-time fire | ||||||
| 16 | department. | ||||||
| 17 | (a) Applicability. Unless a commission elects to follow the | ||||||
| 18 | provisions of Section 16.06c, this Section shall apply to all | ||||||
| 19 | original appointments to an affected full-time fire | ||||||
| 20 | department. Existing registers of eligibles shall continue to | ||||||
| 21 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 22 | years after August 4, 2011 (the effective date of Public Act | ||||||
| 23 | 97-251) this amendatory Act of the 97th General Assembly. | ||||||
| 24 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| |||||||
| |||||||
| 1 | to the contrary, all original appointments to an affected | ||||||
| 2 | department to which this Section applies shall be administered | ||||||
| 3 | in a no less stringent manner than the manner provided for in | ||||||
| 4 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
| 5 | Protection District Act, fire district ordinances, and rules | ||||||
| 6 | adopted pursuant to such authority and other laws relating to | ||||||
| 7 | initial hiring of firefighters in affected departments shall | ||||||
| 8 | continue to apply to the extent they are compatible with this | ||||||
| 9 | Section, but in the event of a conflict between this Section | ||||||
| 10 | and any other law, this Section shall control. | ||||||
| 11 | A fire protection district that is operating under a court | ||||||
| 12 | order or consent decree regarding original appointments to a | ||||||
| 13 | full-time fire department before August 4, 2011 (the effective | ||||||
| 14 | date of Public Act 97-251) this amendatory Act of the 97th | ||||||
| 15 | General Assembly is exempt from the requirements of this | ||||||
| 16 | Section for the duration of the court order or consent decree. | ||||||
| 17 | (b) Original appointments. All original appointments made | ||||||
| 18 | to an affected fire department shall be made from a register of | ||||||
| 19 | eligibles established in accordance with the processes | ||||||
| 20 | required by this Section. Only persons who meet or exceed the | ||||||
| 21 | performance standards required by the Section shall be placed | ||||||
| 22 | on a register of eligibles for original appointment to an | ||||||
| 23 | affected fire department. | ||||||
| 24 | Whenever an appointing authority authorizes action to hire | ||||||
| 25 | a person to perform the duties of a firefighter or to hire a | ||||||
| 26 | firefighter-paramedic to fill a position that is a new position | ||||||
| |||||||
| |||||||
| 1 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
| 2 | granting of a disability or retirement pension, or any other | ||||||
| 3 | cause, the appointing authority shall appoint to that position | ||||||
| 4 | the person with the highest ranking on the final eligibility | ||||||
| 5 | list. If the appointing authority has reason to conclude that | ||||||
| 6 | the highest ranked person fails to meet the minimum standards | ||||||
| 7 | for the position or if the appointing authority believes an | ||||||
| 8 | alternate candidate would better serve the needs of the | ||||||
| 9 | department, then the appointing authority has the right to pass | ||||||
| 10 | over the highest ranked person and appoint either: (i) any | ||||||
| 11 | person who has a ranking in the top 5% of the register of | ||||||
| 12 | eligibles or (ii) any person who is among the top 5 highest | ||||||
| 13 | ranked persons on the list of eligibles if the number of people | ||||||
| 14 | who have a ranking in the top 5% of the register of eligibles | ||||||
| 15 | is less than 5 people. | ||||||
| 16 | Any candidate may pass on an appointment once without | ||||||
| 17 | losing his or her position on the register of eligibles. Any | ||||||
| 18 | candidate who passes a second time may be removed from the list | ||||||
| 19 | by the appointing authority provided that such action shall not | ||||||
| 20 | prejudice a person's opportunities to participate in future | ||||||
| 21 | examinations, including an examination held during the time a | ||||||
| 22 | candidate is already on the fire district's register of | ||||||
| 23 | eligibles. | ||||||
| 24 | The sole authority to issue certificates of appointment | ||||||
| 25 | shall be vested in the board of fire commissioners, or board of | ||||||
| 26 | trustees serving in the capacity of a board of fire | ||||||
| |||||||
| |||||||
| 1 | commissioners. All certificates of appointment issued to any | ||||||
| 2 | officer or member of an affected department shall be signed by | ||||||
| 3 | the chairperson and secretary, respectively, of the commission | ||||||
| 4 | upon appointment of such officer or member to the affected | ||||||
| 5 | department by action of the commission. After being selected | ||||||
| 6 | from the register of eligibles to fill a vacancy in the | ||||||
| 7 | affected department, each appointee shall be presented with his | ||||||
| 8 | or her certificate of appointment on the day on which he or she | ||||||
| 9 | is sworn in as a classified member of the affected department. | ||||||
| 10 | Firefighters who were not issued a certificate of appointment | ||||||
| 11 | when originally appointed shall be provided with a certificate | ||||||
| 12 | within 10 days after making a written request to the | ||||||
| 13 | chairperson of the board of fire commissioners, or board of | ||||||
| 14 | trustees serving in the capacity of a board of fire | ||||||
| 15 | commissioners. Each person who accepts a certificate of | ||||||
| 16 | appointment and successfully completes his or her probationary | ||||||
| 17 | period shall be enrolled as a firefighter and as a regular | ||||||
| 18 | member of the fire department. | ||||||
| 19 | For the purposes of this Section, "firefighter" means any | ||||||
| 20 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
| 21 | effective date of Public Act 97-251) this amendatory Act of the | ||||||
| 22 | 97th General Assembly appointed to a fire department or fire | ||||||
| 23 | protection district or employed by a State university and sworn | ||||||
| 24 | or commissioned to perform firefighter duties or paramedic | ||||||
| 25 | duties, or both, except that the following persons are not | ||||||
| 26 | included: part-time firefighters; auxiliary, reserve, or | ||||||
| |||||||
| |||||||
| 1 | voluntary firefighters, including paid-on-call firefighters; | ||||||
| 2 | clerks and dispatchers or other civilian employees of a fire | ||||||
| 3 | department or fire protection district who are not routinely | ||||||
| 4 | expected to perform firefighter duties; and elected officials. | ||||||
| 5 | (c) Qualification for placement on register of eligibles. | ||||||
| 6 | The purpose of establishing a register of eligibles is to | ||||||
| 7 | identify applicants who possess and demonstrate the mental | ||||||
| 8 | aptitude and physical ability to perform the duties required of | ||||||
| 9 | members of the fire department in order to provide the highest | ||||||
| 10 | quality of service to the public. To this end, all applicants | ||||||
| 11 | for original appointment to an affected fire department shall | ||||||
| 12 | be subject to examination and testing which shall be public, | ||||||
| 13 | competitive, and open to all applicants unless the district | ||||||
| 14 | shall by ordinance limit applicants to residents of the | ||||||
| 15 | district, county or counties in which the district is located, | ||||||
| 16 | State, or nation. Any examination and testing procedure | ||||||
| 17 | utilized under subsection (e) of this Section shall be | ||||||
| 18 | supported by appropriate validation evidence and shall comply | ||||||
| 19 | with all applicable State and federal laws. Districts may | ||||||
| 20 | establish educational, emergency medical service licensure, | ||||||
| 21 | and other prerequisites prerequites for participation in an | ||||||
| 22 | examination or for hire as a firefighter. Any fire protection | ||||||
| 23 | district may charge a fee to cover the costs of the application | ||||||
| 24 | process. | ||||||
| 25 | Residency requirements in effect at the time an individual | ||||||
| 26 | enters the fire service of a district cannot be made more | ||||||
| |||||||
| |||||||
| 1 | restrictive for that individual during his or her period of | ||||||
| 2 | service for that district, or be made a condition of promotion, | ||||||
| 3 | except for the rank or position of fire chief and for no more | ||||||
| 4 | than 2 positions that rank immediately below that of the chief | ||||||
| 5 | rank which are appointed positions pursuant to the Fire | ||||||
| 6 | Department Promotion Act. | ||||||
| 7 | No person who is 35 years of age or older shall be eligible | ||||||
| 8 | to take an examination for a position as a firefighter unless | ||||||
| 9 | the person has had previous employment status as a firefighter | ||||||
| 10 | in the regularly constituted fire department of the district, | ||||||
| 11 | except as provided in this Section. The age limitation does not | ||||||
| 12 | apply to: | ||||||
| 13 | (1) any person previously employed as a full-time | ||||||
| 14 | firefighter in a regularly constituted fire department of | ||||||
| 15 | (i) any municipality or fire protection district located in | ||||||
| 16 | Illinois, (ii) a fire protection district whose | ||||||
| 17 | obligations were assumed by a municipality under Section 21 | ||||||
| 18 | of the Fire Protection District Act, or (iii) a | ||||||
| 19 | municipality whose obligations were taken over by a fire | ||||||
| 20 | protection district; | ||||||
| 21 | (2) any person who has served a fire district as a | ||||||
| 22 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 23 | firefighter for the 5 years immediately preceding the time | ||||||
| 24 | that the district begins to use full-time firefighters to | ||||||
| 25 | provide all or part of its fire protection service; or | ||||||
| 26 | (3) any person who turned 35 while serving as a member | ||||||
| |||||||
| |||||||
| 1 | of the active or reserve components of any of the branches | ||||||
| 2 | of the Armed Forces of the United States or the National | ||||||
| 3 | Guard of any state, whose service was characterized as | ||||||
| 4 | honorable or under honorable, if separated from the | ||||||
| 5 | military, and is currently under the age of 40. | ||||||
| 6 | No person who is under 21 years of age shall be eligible | ||||||
| 7 | for employment as a firefighter. | ||||||
| 8 | No applicant shall be examined concerning his or her | ||||||
| 9 | political or religious opinions or affiliations. The | ||||||
| 10 | examinations shall be conducted by the commissioners of the | ||||||
| 11 | district or their designees and agents. | ||||||
| 12 | No district shall require that any firefighter appointed to | ||||||
| 13 | the lowest rank serve a probationary employment period of | ||||||
| 14 | longer than one year of actual active employment, which may | ||||||
| 15 | exclude periods of training, or injury or illness leaves, | ||||||
| 16 | including duty related leave, in excess of 30 calendar days. | ||||||
| 17 | Notwithstanding anything to the contrary in this Section, the | ||||||
| 18 | probationary employment period limitation may be extended for a | ||||||
| 19 | firefighter who is required, as a condition of employment, to | ||||||
| 20 | be a licensed paramedic, during which time the sole reason that | ||||||
| 21 | a firefighter may be discharged without a hearing is for | ||||||
| 22 | failing to meet the requirements for paramedic licensure. | ||||||
| 23 | In the event that any applicant who has been found eligible | ||||||
| 24 | for appointment and whose name has been placed upon the final | ||||||
| 25 | eligibility register provided for in this Section has not been | ||||||
| 26 | appointed to a firefighter position within one year after the | ||||||
| |||||||
| |||||||
| 1 | date of his or her physical ability examination, the commission | ||||||
| 2 | may cause a second examination to be made of that applicant's | ||||||
| 3 | physical ability prior to his or her appointment. If, after the | ||||||
| 4 | second examination, the physical ability of the applicant shall | ||||||
| 5 | be found to be less than the minimum standard fixed by the | ||||||
| 6 | rules of the commission, the applicant shall not be appointed. | ||||||
| 7 | The applicant's name may be retained upon the register of | ||||||
| 8 | candidates eligible for appointment and when next reached for | ||||||
| 9 | certification and appointment that applicant may be again | ||||||
| 10 | examined as provided in this Section, and if the physical | ||||||
| 11 | ability of that applicant is found to be less than the minimum | ||||||
| 12 | standard fixed by the rules of the commission, the applicant | ||||||
| 13 | shall not be appointed, and the name of the applicant shall be | ||||||
| 14 | removed from the register. | ||||||
| 15 | (d) Notice, examination, and testing components. Notice of | ||||||
| 16 | the time, place, general scope, merit criteria for any | ||||||
| 17 | subjective component, and fee of every examination shall be | ||||||
| 18 | given by the commission, by a publication at least 2 weeks | ||||||
| 19 | preceding the examination: (i) in one or more newspapers | ||||||
| 20 | published in the district, or if no newspaper is published | ||||||
| 21 | therein, then in one or more newspapers with a general | ||||||
| 22 | circulation within the district, or (ii) on the fire protection | ||||||
| 23 | district's Internet website. Additional notice of the | ||||||
| 24 | examination may be given as the commission shall prescribe. | ||||||
| 25 | The examination and qualifying standards for employment of | ||||||
| 26 | firefighters shall be based on: mental aptitude, physical | ||||||
| |||||||
| |||||||
| 1 | ability, preferences, moral character, and health. The mental | ||||||
| 2 | aptitude, physical ability, and preference components shall | ||||||
| 3 | determine an applicant's qualification for and placement on the | ||||||
| 4 | final register of eligibles. The examination may also include a | ||||||
| 5 | subjective component based on merit criteria as determined by | ||||||
| 6 | the commission. Scores from the examination must be made | ||||||
| 7 | available to the public. | ||||||
| 8 | (e) Mental aptitude. No person who does not possess at | ||||||
| 9 | least a high school diploma or an equivalent high school | ||||||
| 10 | education shall be placed on a register of eligibles. | ||||||
| 11 | Examination of an applicant's mental aptitude shall be based | ||||||
| 12 | upon a written examination. The examination shall be practical | ||||||
| 13 | in character and relate to those matters that fairly test the | ||||||
| 14 | capacity of the persons examined to discharge the duties | ||||||
| 15 | performed by members of a fire department. Written examinations | ||||||
| 16 | shall be administered in a manner that ensures the security and | ||||||
| 17 | accuracy of the scores achieved. | ||||||
| 18 | (f) Physical ability. All candidates shall be required to | ||||||
| 19 | undergo an examination of their physical ability to perform the | ||||||
| 20 | essential functions included in the duties they may be called | ||||||
| 21 | upon to perform as a member of a fire department. For the | ||||||
| 22 | purposes of this Section, essential functions of the job are | ||||||
| 23 | functions associated with duties that a firefighter may be | ||||||
| 24 | called upon to perform in response to emergency calls. The | ||||||
| 25 | frequency of the occurrence of those duties as part of the fire | ||||||
| 26 | department's regular routine shall not be a controlling factor | ||||||
| |||||||
| |||||||
| 1 | in the design of examination criteria or evolutions selected | ||||||
| 2 | for testing. These physical examinations shall be open, | ||||||
| 3 | competitive, and based on industry standards designed to test | ||||||
| 4 | each applicant's physical abilities in the following | ||||||
| 5 | dimensions: | ||||||
| 6 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 7 | that may be required in the performance of duties including | ||||||
| 8 | grip strength, leg strength, and arm strength. Tests shall | ||||||
| 9 | be conducted under anaerobic as well as aerobic conditions | ||||||
| 10 | to test both the candidate's speed and endurance in | ||||||
| 11 | performing tasks and evolutions. Tasks tested may be based | ||||||
| 12 | on standards developed, or approved, by the local | ||||||
| 13 | appointing authority. | ||||||
| 14 | (2) The ability to climb ladders, operate from heights, | ||||||
| 15 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
| 16 | and operate in proximity to hazardous environments. | ||||||
| 17 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 18 | and complex problem solving during physical exertion in | ||||||
| 19 | stressful and hazardous environments. The testing | ||||||
| 20 | environment may be hot and dark with tightly enclosed | ||||||
| 21 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 22 | The tests utilized to measure each applicant's
| ||||||
| 23 | capabilities in each of these dimensions may be tests based on
| ||||||
| 24 | industry standards currently in use or equivalent tests | ||||||
| 25 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 26 | of the State Fire Marshal. | ||||||
| |||||||
| |||||||
| 1 | Physical ability examinations administered under this | ||||||
| 2 | Section shall be conducted with a reasonable number of proctors | ||||||
| 3 | and monitors, open to the public, and subject to reasonable | ||||||
| 4 | regulations of the commission. | ||||||
| 5 | (g) Scoring of examination components. Appointing | ||||||
| 6 | authorities may create a preliminary eligibility register. A | ||||||
| 7 | person shall be placed on the list based upon his or her | ||||||
| 8 | passage of the written examination or the passage of the | ||||||
| 9 | written examination and the physical ability component. | ||||||
| 10 | Passage of the written examination means attaining the minimum | ||||||
| 11 | score set by the commission. Minimum scores should be set by | ||||||
| 12 | the appointing authorities so as to demonstrate a candidate's | ||||||
| 13 | ability to perform the essential functions of the job. The | ||||||
| 14 | minimum score set by the commission shall be supported by | ||||||
| 15 | appropriate validation evidence and shall comply with all | ||||||
| 16 | applicable State and federal laws. The appointing authority may | ||||||
| 17 | conduct the physical ability component and any subjective | ||||||
| 18 | components subsequent to the posting of the preliminary | ||||||
| 19 | eligibility register. | ||||||
| 20 | The examination components for an initial eligibility | ||||||
| 21 | register shall be graded on a 100-point scale. A person's | ||||||
| 22 | position on the list shall be determined by the following: (i)
| ||||||
| 23 | the person's score on the written examination, (ii) the person
| ||||||
| 24 | successfully passing the physical ability component, and (iii) | ||||||
| 25 | the
person's results on any subjective component as described | ||||||
| 26 | in
subsection (d). | ||||||
| |||||||
| |||||||
| 1 | In order to qualify for placement on the final eligibility | ||||||
| 2 | register, an applicant's score on the written examination, | ||||||
| 3 | before any applicable preference points or subjective points | ||||||
| 4 | are applied, shall be at or above the minimum score set by the | ||||||
| 5 | commission. The local appointing authority may prescribe the | ||||||
| 6 | score to qualify for placement on the final eligibility | ||||||
| 7 | register, but the score shall not be less than the minimum | ||||||
| 8 | score set by the commission. | ||||||
| 9 | The commission shall prepare and keep a register of persons | ||||||
| 10 | whose total score is not less than the minimum score for | ||||||
| 11 | passage and who have passed the physical ability examination. | ||||||
| 12 | These persons shall take rank upon the register as candidates | ||||||
| 13 | in the order of their relative excellence based on the highest | ||||||
| 14 | to the lowest total points scored on the mental aptitude, | ||||||
| 15 | subjective component, and preference components of the test | ||||||
| 16 | administered in accordance with this Section. No more than 60 | ||||||
| 17 | days after each examination, an initial eligibility list shall | ||||||
| 18 | be posted by the commission. The list shall include the final | ||||||
| 19 | grades of the candidates without reference to priority of the | ||||||
| 20 | time of examination and subject to claim for preference credit. | ||||||
| 21 | Commissions may conduct additional examinations, including | ||||||
| 22 | without limitation a polygraph test, after a final eligibility | ||||||
| 23 | register is established and before it expires with the | ||||||
| 24 | candidates ranked by total score without regard to date of | ||||||
| 25 | examination. No more than 60 days after each examination, an | ||||||
| 26 | initial eligibility list shall be posted by the commission | ||||||
| |||||||
| |||||||
| 1 | showing the final grades of the candidates without reference to | ||||||
| 2 | priority of time of examination and subject to claim for | ||||||
| 3 | preference credit. | ||||||
| 4 | (h) Preferences. The following are preferences: | ||||||
| 5 | (1) Veteran preference. Persons who were engaged in the | ||||||
| 6 | military service of the United States for a period of at | ||||||
| 7 | least one year of active duty and who were honorably | ||||||
| 8 | discharged therefrom, or who are now or have been members | ||||||
| 9 | on inactive or reserve duty in such military or naval | ||||||
| 10 | service, shall be preferred for appointment to and | ||||||
| 11 | employment with the fire department of an affected | ||||||
| 12 | department. | ||||||
| 13 | (2) Fire cadet preference. Persons who have | ||||||
| 14 | successfully completed 2 years of study in fire techniques | ||||||
| 15 | or cadet training within a cadet program established under | ||||||
| 16 | the rules of the Joint Labor and Management Committee | ||||||
| 17 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 18 | Promotion Act, may be preferred for appointment to and | ||||||
| 19 | employment with the fire department. | ||||||
| 20 | (3) Educational preference. Persons who have | ||||||
| 21 | successfully obtained an associate's degree in the field of | ||||||
| 22 | fire service or emergency medical services, or a bachelor's | ||||||
| 23 | degree from an accredited college or university may be | ||||||
| 24 | preferred for appointment to and employment with the fire | ||||||
| 25 | department. | ||||||
| 26 | (4) Paramedic preference. Persons who have obtained a | ||||||
| |||||||
| |||||||
| 1 | license as a paramedic may be preferred for appointment to | ||||||
| 2 | and employment with the fire department of an affected | ||||||
| 3 | department providing emergency medical services. | ||||||
| 4 | (5) Experience preference. All persons employed by a | ||||||
| 5 | district who have been paid-on-call or part-time certified | ||||||
| 6 | Firefighter II, certified Firefighter III, State of | ||||||
| 7 | Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
| 8 | paramedic, or any combination of those capacities may be | ||||||
| 9 | awarded up to a maximum of 5 points. However, the applicant | ||||||
| 10 | may not be awarded more than 0.5 points for each complete | ||||||
| 11 | year of paid-on-call or part-time service. Applicants from | ||||||
| 12 | outside the district who were employed as full-time | ||||||
| 13 | firefighters or firefighter-paramedics by a fire | ||||||
| 14 | protection district or municipality for at least 2 years | ||||||
| 15 | may be awarded up to 5 experience preference points. | ||||||
| 16 | However, the applicant may not be awarded more than one | ||||||
| 17 | point for each complete year of full-time service. | ||||||
| 18 | Upon request by the commission, the governing body of | ||||||
| 19 | the district or in the case of applicants from outside the | ||||||
| 20 | district the governing body of any other fire protection | ||||||
| 21 | district or any municipality shall certify to the | ||||||
| 22 | commission, within 10 days after the request, the number of | ||||||
| 23 | years of successful paid-on-call, part-time, or full-time | ||||||
| 24 | service of any person. A candidate may not receive the full | ||||||
| 25 | amount of preference points under this subsection if the | ||||||
| 26 | amount of points awarded would place the candidate before a | ||||||
| |||||||
| |||||||
| 1 | veteran on the eligibility list. If more than one candidate | ||||||
| 2 | receiving experience preference points is prevented from | ||||||
| 3 | receiving all of their points due to not being allowed to | ||||||
| 4 | pass a veteran, the candidates shall be placed on the list | ||||||
| 5 | below the veteran in rank order based on the totals | ||||||
| 6 | received if all points under this subsection were to be | ||||||
| 7 | awarded. Any remaining ties on the list shall be determined | ||||||
| 8 | by lot. | ||||||
| 9 | (6) Residency preference. Applicants whose principal | ||||||
| 10 | residence is located within the fire department's | ||||||
| 11 | jurisdiction may be preferred for appointment to and | ||||||
| 12 | employment with the fire department. | ||||||
| 13 | (7) Additional preferences. Up to 5 additional | ||||||
| 14 | preference points may be awarded for unique categories | ||||||
| 15 | based on an applicant's experience or background as | ||||||
| 16 | identified by the commission. | ||||||
| 17 | (7.5) Apprentice preferences. A person who has | ||||||
| 18 | performed fire suppression service for a department as a | ||||||
| 19 | firefighter apprentice and otherwise meet the | ||||||
| 20 | qualifications for original appointment as a firefighter | ||||||
| 21 | specified in this Section are eligible to be awarded up to | ||||||
| 22 | 20 preference points. To qualify for preference points, an | ||||||
| 23 | applicant shall have completed a minimum of 600 hours of | ||||||
| 24 | fire suppression work on a regular shift for the affected | ||||||
| 25 | fire department over a 12-month period. The fire | ||||||
| 26 | suppression work must be in accordance with Section 16.06 | ||||||
| |||||||
| |||||||
| 1 | of this Act and the terms established by a Joint | ||||||
| 2 | Apprenticeship Committee included in a collective | ||||||
| 3 | bargaining agreement agreed between the employer and its | ||||||
| 4 | certified bargaining agent. An eligible applicant must | ||||||
| 5 | apply to the Joint Apprenticeship Committee for preference | ||||||
| 6 | points under this item. The Joint Apprenticeship Committee | ||||||
| 7 | shall evaluate the merit of the applicant's performance, | ||||||
| 8 | determine the preference points to be awarded, and certify | ||||||
| 9 | the amount of points awarded to the commissioners. The | ||||||
| 10 | commissioners may add the certified preference points to | ||||||
| 11 | the final grades achieved by the applicant on the other | ||||||
| 12 | components of the examination. | ||||||
| 13 | (8) Scoring of preferences. The
commission shall give | ||||||
| 14 | preference for original appointment
to persons designated | ||||||
| 15 | in item (1)
by adding to the final grade that they receive | ||||||
| 16 | 5 points
for the recognized preference achieved. The | ||||||
| 17 | commission may give preference for original appointment to | ||||||
| 18 | persons designated in item (7.5) by adding to the final | ||||||
| 19 | grade the amount of points designated by the Joint | ||||||
| 20 | Apprenticeship Committee as defined in item (7.5). The | ||||||
| 21 | commission shall determine the number of preference points | ||||||
| 22 | for each category, except (1) and (7.5). The number of | ||||||
| 23 | preference points for each category shall range from 0 to | ||||||
| 24 | 5, except item (7.5). In determining the number of | ||||||
| 25 | preference points, the commission shall prescribe that if a | ||||||
| 26 | candidate earns the maximum number of preference points in | ||||||
| |||||||
| |||||||
| 1 | all categories except item (7.5), that number may not be | ||||||
| 2 | less than 10 nor more than 30. The commission shall give | ||||||
| 3 | preference for original appointment to persons designated | ||||||
| 4 | in items (2) through (7) by adding the requisite number of | ||||||
| 5 | points to the final grade for each recognized preference | ||||||
| 6 | achieved. The numerical result thus attained shall be | ||||||
| 7 | applied by the commission in determining the final | ||||||
| 8 | eligibility list and appointment from the eligibility | ||||||
| 9 | list. The local appointing authority may prescribe the | ||||||
| 10 | total number of preference points awarded under this | ||||||
| 11 | Section, but the total number of preference points, except | ||||||
| 12 | item (7.5), shall not be less than 10 points or more than | ||||||
| 13 | 30 points. Apprentice preference points may be added in | ||||||
| 14 | addition to other preference points awarded by the | ||||||
| 15 | commission. | ||||||
| 16 | No person entitled to any preference shall be required to | ||||||
| 17 | claim the credit before any examination held under the | ||||||
| 18 | provisions of this Section, but the preference shall be given | ||||||
| 19 | after the posting or publication of the initial eligibility | ||||||
| 20 | list or register at the request of a person entitled to a | ||||||
| 21 | credit before any certification or appointments are made from | ||||||
| 22 | the eligibility register, upon the furnishing of verifiable | ||||||
| 23 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 24 | who are eligible for preference credit shall make a claim in | ||||||
| 25 | writing within 10 days after the posting of the initial | ||||||
| 26 | eligibility list, or the claim shall be deemed waived. Final | ||||||
| |||||||
| |||||||
| 1 | eligibility registers shall be established after the awarding | ||||||
| 2 | of verified preference points. However, apprentice preference | ||||||
| 3 | credit earned subsequent to the establishment of the final | ||||||
| 4 | eligibility register may be applied to the applicant's score | ||||||
| 5 | upon certification by the Joint Apprenticeship Committee to the | ||||||
| 6 | commission and the rank order of candidates on the final | ||||||
| 7 | eligibility register shall be adjusted accordingly. All | ||||||
| 8 | employment shall be subject to the commission's initial hire | ||||||
| 9 | background review including, but not limited to, criminal | ||||||
| 10 | history, employment history, moral character, oral | ||||||
| 11 | examination, and medical and psychological examinations, all | ||||||
| 12 | on a pass-fail basis. The medical and psychological | ||||||
| 13 | examinations must be conducted last, and may only be performed | ||||||
| 14 | after a conditional offer of employment has been extended. | ||||||
| 15 | Any person placed on an eligibility list who exceeds the | ||||||
| 16 | age requirement before being appointed to a fire department | ||||||
| 17 | shall remain eligible for appointment until the list is | ||||||
| 18 | abolished, or his or her name has been on the list for a period | ||||||
| 19 | of 2 years. No person who has attained the age of 35 years | ||||||
| 20 | shall be inducted into a fire department, except as otherwise | ||||||
| 21 | provided in this Section. | ||||||
| 22 | The commission shall strike off the names of candidates for | ||||||
| 23 | original appointment after the names have been on the list for | ||||||
| 24 | more than 2 years. | ||||||
| 25 | (i) Moral character. No person shall be appointed to a fire | ||||||
| 26 | department unless he or she is a person of good character; not | ||||||
| |||||||
| |||||||
| 1 | a habitual drunkard, a gambler, or a person who has been | ||||||
| 2 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 3 | However, no person shall be disqualified from appointment to | ||||||
| 4 | the fire department because of the person's record of | ||||||
| 5 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 6 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 7 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 8 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
| 9 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 10 | Criminal Code of 2012, or arrest for any cause without | ||||||
| 11 | conviction thereon. Any such person who is in the department | ||||||
| 12 | may be removed on charges brought for violating this subsection | ||||||
| 13 | and after a trial as hereinafter provided. | ||||||
| 14 | A classifiable set of the fingerprints of every person who | ||||||
| 15 | is offered employment as a certificated member of an affected | ||||||
| 16 | fire department whether with or without compensation, shall be | ||||||
| 17 | furnished to the Illinois Department of State Police and to the | ||||||
| 18 | Federal Bureau of Investigation by the commission. | ||||||
| 19 | Whenever a commission is authorized or required by law to | ||||||
| 20 | consider some aspect of criminal history record information for | ||||||
| 21 | the purpose of carrying out its statutory powers and | ||||||
| 22 | responsibilities, then, upon request and payment of fees in | ||||||
| 23 | conformance with the requirements of Section 2605-400 of the | ||||||
| 24 | Illinois State Police Law of the Civil Administrative Code of | ||||||
| 25 | Illinois, the Illinois Department of State Police is authorized | ||||||
| 26 | to furnish, pursuant to positive identification, the | ||||||
| |||||||
| |||||||
| 1 | information contained in State files as is necessary to fulfill | ||||||
| 2 | the request. | ||||||
| 3 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 4 | of public business, to meet extraordinary exigencies, or to | ||||||
| 5 | prevent material impairment of the fire department, the | ||||||
| 6 | commission may make temporary appointments, to remain in force | ||||||
| 7 | only until regular appointments are made under the provisions | ||||||
| 8 | of this Section, but never to exceed 60 days. No temporary | ||||||
| 9 | appointment of any one person shall be made more than twice in | ||||||
| 10 | any calendar year. | ||||||
| 11 | (k) A person who knowingly divulges or receives test | ||||||
| 12 | questions or answers before a written examination, or otherwise | ||||||
| 13 | knowingly violates or subverts any requirement of this Section, | ||||||
| 14 | commits a violation of this Section and may be subject to | ||||||
| 15 | charges for official misconduct. | ||||||
| 16 | A person who is the knowing recipient of test information | ||||||
| 17 | in advance of the examination shall be disqualified from the | ||||||
| 18 | examination or discharged from the position to which he or she | ||||||
| 19 | was appointed, as applicable, and otherwise subjected to | ||||||
| 20 | disciplinary actions.
| ||||||
| 21 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
| 22 | revised 11-26-19.)
| ||||||
| 23 | Section 450. The Park District Code is amended by changing | ||||||
| 24 | Section 8-23 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 1205/8-23)
| ||||||
| 2 | Sec. 8-23. Criminal background investigations.
| ||||||
| 3 | (a) An applicant for employment with a park district is | ||||||
| 4 | required as
a condition of employment to authorize an | ||||||
| 5 | investigation to determine if
the applicant has been convicted | ||||||
| 6 | of any of the enumerated criminal or drug offenses in | ||||||
| 7 | subsection (c) or (d) of this Section, or adjudicated a | ||||||
| 8 | delinquent minor for any of the enumerated criminal or drug
| ||||||
| 9 | offenses in subsection (c) or (d) of this Section, or has been
| ||||||
| 10 | convicted, within 7 years of the application for employment | ||||||
| 11 | with the
park district, of any other felony under the laws of | ||||||
| 12 | this State or of any
offense committed or attempted in any | ||||||
| 13 | other state or against the laws of
the United States that, if | ||||||
| 14 | committed or attempted in this State, would
have been | ||||||
| 15 | punishable as a felony under the laws of this State. | ||||||
| 16 | Authorization
for the
investigation shall be furnished by the | ||||||
| 17 | applicant to the park district.
Upon receipt of this | ||||||
| 18 | authorization, the park district shall submit the
applicant's | ||||||
| 19 | name, sex, race, date of birth, and social security number to
| ||||||
| 20 | the Illinois Department of State Police on forms prescribed by | ||||||
| 21 | the Illinois Department of State Police. The Illinois | ||||||
| 22 | Department of State Police shall conduct a search of the
| ||||||
| 23 | Illinois criminal history records database to ascertain if the | ||||||
| 24 | applicant being considered for
employment has been convicted of | ||||||
| 25 | any of the enumerated criminal or drug offenses in subsection | ||||||
| 26 | (c) or (d) of this Section, or adjudicated a delinquent minor | ||||||
| |||||||
| |||||||
| 1 | for committing or attempting to commit any of
the enumerated | ||||||
| 2 | criminal or drug
offenses
in subsection (c) or (d) of this | ||||||
| 3 | Section, or
has been convicted of committing or attempting to | ||||||
| 4 | commit, within 7 years of
the application for employment with
| ||||||
| 5 | the
park district, any other felony under the laws of this | ||||||
| 6 | State. The
Illinois Department of
State Police shall charge the | ||||||
| 7 | park district a fee for conducting the
investigation, which fee | ||||||
| 8 | shall be deposited in the State Police Services
Fund and shall | ||||||
| 9 | not exceed the cost of the inquiry. The applicant shall
not be | ||||||
| 10 | charged a fee by the park district for the investigation.
| ||||||
| 11 | (b) If the search of the Illinois criminal history record | ||||||
| 12 | database
indicates that the applicant has been convicted of any | ||||||
| 13 | of the enumerated criminal or drug offenses in subsection (c) | ||||||
| 14 | or (d), or adjudicated a delinquent minor for committing or | ||||||
| 15 | attempting to
commit any of the enumerated criminal or drug | ||||||
| 16 | offenses in subsection (c) or (d), or has
been convicted of | ||||||
| 17 | committing or attempting to commit, within 7 years of the
| ||||||
| 18 | application for employment with the park district, any other | ||||||
| 19 | felony under the
laws of this State, the Illinois Department of | ||||||
| 20 | State Police and the Federal Bureau
of
Investigation shall | ||||||
| 21 | furnish, pursuant to
a fingerprint based background check, | ||||||
| 22 | records
of convictions or adjudications as a delinquent minor, | ||||||
| 23 | until expunged, to the
president of the park district. Any | ||||||
| 24 | information concerning the record of
convictions or | ||||||
| 25 | adjudications as a delinquent minor obtained by the president | ||||||
| 26 | shall be confidential and may only
be transmitted to those | ||||||
| |||||||
| |||||||
| 1 | persons who are necessary to the decision on whether to
hire | ||||||
| 2 | the
applicant for employment. A copy of the record of | ||||||
| 3 | convictions or adjudications as a delinquent minor obtained
| ||||||
| 4 | from the Illinois Department of State Police shall be provided | ||||||
| 5 | to the applicant for
employment. Any person who releases any | ||||||
| 6 | confidential information
concerning any criminal convictions | ||||||
| 7 | or adjudications as a delinquent minor of an applicant for | ||||||
| 8 | employment shall
be guilty of a Class A misdemeanor, unless the | ||||||
| 9 | release of such
information is authorized by this Section.
| ||||||
| 10 | (c) No park district shall knowingly employ a person who | ||||||
| 11 | has been
convicted, or adjudicated a delinquent minor, for | ||||||
| 12 | committing attempted first degree murder or
for committing
or | ||||||
| 13 | attempting to commit first degree murder, a Class X felony, or | ||||||
| 14 | any
one or more of the following criminal offenses: (i) those | ||||||
| 15 | defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
| 16 | 11-1.60, 11-6,
11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, | ||||||
| 17 | 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, | ||||||
| 18 | 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4 | ||||||
| 19 | felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, | ||||||
| 20 | and 12-16 of
the Criminal Code of 1961 or the Criminal Code of | ||||||
| 21 | 2012; (ii) (blank); (iii) (blank); (iv) (blank); and (v) any | ||||||
| 22 | offense
committed or attempted in any other state or against | ||||||
| 23 | the laws of the
United States, which, if committed or attempted | ||||||
| 24 | in this State, would have
been punishable as one or more of the | ||||||
| 25 | foregoing offenses. Further, no
park district shall knowingly | ||||||
| 26 | employ a person who has been found to be
the perpetrator of | ||||||
| |||||||
| |||||||
| 1 | sexual or physical abuse of any minor under 18 years
of age | ||||||
| 2 | pursuant to proceedings under Article II of the Juvenile Court | ||||||
| 3 | Act
of 1987. No park district shall knowingly employ a person | ||||||
| 4 | for whom a
criminal background investigation has not been | ||||||
| 5 | initiated. | ||||||
| 6 | (d) No park district shall knowingly employ a person who | ||||||
| 7 | has been convicted of the following drug offenses, other than | ||||||
| 8 | an offense set forth in subsection (c), until 7 years following | ||||||
| 9 | the end of the sentence imposed for any of the following | ||||||
| 10 | offenses: (i) those defined in the Cannabis Control Act, except | ||||||
| 11 | those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of | ||||||
| 12 | that Act; (ii) those defined in the Illinois Controlled | ||||||
| 13 | Substances Act; (iii) those defined in the Methamphetamine | ||||||
| 14 | Control and Community Protection Act; and (iv) any offense | ||||||
| 15 | committed or attempted in any other state or against the laws | ||||||
| 16 | of the United States, which, if committed or attempted in this | ||||||
| 17 | State, would have been punishable as one or more of the | ||||||
| 18 | foregoing offenses. For purposes of this paragraph, "sentence" | ||||||
| 19 | includes any period of supervision or probation that was | ||||||
| 20 | imposed either alone or in combination with a period of | ||||||
| 21 | incarceration. | ||||||
| 22 | (e) Notwithstanding the provisions of subsections (c) and | ||||||
| 23 | (d), a park district may, in its discretion, employ a person | ||||||
| 24 | who has been granted a certificate of good conduct under | ||||||
| 25 | Section 5-5.5-25 of the Unified Code of Corrections by the | ||||||
| 26 | circuit court.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-884, eff. 8-22-16.)
| ||||||
| 2 | Section 455. The Chicago Park District Act is amended by | ||||||
| 3 | changing Section 16a-5 as follows:
| ||||||
| 4 | (70 ILCS 1505/16a-5)
| ||||||
| 5 | Sec. 16a-5. Criminal background investigations.
| ||||||
| 6 | (a) An applicant for employment with the Chicago Park | ||||||
| 7 | District is
required as a condition of employment to authorize | ||||||
| 8 | an investigation to
determine if the applicant has been | ||||||
| 9 | convicted of any of the enumerated criminal or drug offenses in | ||||||
| 10 | subsection (c) or (d) of this Section, or adjudicated a | ||||||
| 11 | delinquent minor for any of the enumerated criminal
or drug
| ||||||
| 12 | offenses in subsection (c) or (d) of this Section,
or has been | ||||||
| 13 | convicted, within 7 years of the application for employment | ||||||
| 14 | with
the Chicago Park District, of any other felony under the | ||||||
| 15 | laws of this State or
of any
offense committed or attempted in | ||||||
| 16 | any other state or against the laws of
the United States that, | ||||||
| 17 | if committed or attempted in this State, would
have been | ||||||
| 18 | punishable as a felony under the laws of this State. | ||||||
| 19 | Authorization
for the investigation shall be furnished by the | ||||||
| 20 | applicant to the Chicago
Park District. Upon receipt of this | ||||||
| 21 | authorization, the Chicago Park
District shall submit the | ||||||
| 22 | applicant's name, sex, race, date of birth, and
social security | ||||||
| 23 | number to the Illinois Department of State Police on forms
| ||||||
| 24 | prescribed by the Illinois Department of State Police. The | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police shall conduct a search of | ||||||
| 2 | the Illinois criminal history record
information database to | ||||||
| 3 | ascertain if the applicant being
considered for employment has | ||||||
| 4 | been convicted of any of the enumerated criminal or drug | ||||||
| 5 | offenses in subsection (c) or (d) of this Section, or | ||||||
| 6 | adjudicated a delinquent minor for committing or attempting to
| ||||||
| 7 | commit any of the enumerated criminal
or drug
offenses in | ||||||
| 8 | subsection (c) or (d) of this Section, or has been
convicted of | ||||||
| 9 | committing or attempting to commit, within 7 years of the
| ||||||
| 10 | application for employment with the
Chicago Park District, any | ||||||
| 11 | other felony under the laws of this State. The
Illinois | ||||||
| 12 | Department of State Police shall charge the Chicago Park | ||||||
| 13 | District a fee
for conducting the investigation, which fee | ||||||
| 14 | shall be deposited in the State
Police Services Fund and shall | ||||||
| 15 | not exceed the cost of the inquiry. The
applicant shall not be | ||||||
| 16 | charged a fee by the Chicago Park District for the
| ||||||
| 17 | investigation.
| ||||||
| 18 | (b) If the search of the Illinois criminal history record | ||||||
| 19 | database
indicates that the applicant has been convicted of any | ||||||
| 20 | of the enumerated criminal or drug offenses in subsection (c) | ||||||
| 21 | or (d), or adjudicated a delinquent minor for committing or | ||||||
| 22 | attempting to
commit any of the enumerated criminal or drug | ||||||
| 23 | offenses in subsection (c) or (d), or has
been convicted of | ||||||
| 24 | committing or attempting to commit, within 7 years of the
| ||||||
| 25 | application for employment with the Chicago Park District, any | ||||||
| 26 | other felony
under the laws of this State, the Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State Police and the
Federal Bureau of
| ||||||
| 2 | Investigation shall furnish, pursuant to
a fingerprint based | ||||||
| 3 | background check, records
of convictions or adjudications as a | ||||||
| 4 | delinquent minor, until expunged, to the
General | ||||||
| 5 | Superintendent and Chief Executive Officer of the Chicago Park
| ||||||
| 6 | District. Any information concerning the
record of convictions | ||||||
| 7 | or adjudications as a delinquent minor obtained by the General | ||||||
| 8 | Superintendent and Chief
Executive Officer shall be | ||||||
| 9 | confidential and
may only be transmitted to those persons who | ||||||
| 10 | are necessary to the decision on
whether to hire the applicant | ||||||
| 11 | for employment. A copy of the record of
convictions or | ||||||
| 12 | adjudications as a delinquent minor obtained from the Illinois | ||||||
| 13 | Department of State Police shall be provided to the
applicant | ||||||
| 14 | for employment. Any person who releases any confidential
| ||||||
| 15 | information concerning any criminal convictions or | ||||||
| 16 | adjudications as a delinquent minor of an applicant for
| ||||||
| 17 | employment shall be guilty of a Class A misdemeanor, unless the | ||||||
| 18 | release
of such information is authorized by this Section.
| ||||||
| 19 | (c) The Chicago Park District may not knowingly employ a | ||||||
| 20 | person
who has been convicted, or adjudicated a delinquent | ||||||
| 21 | minor, for committing attempted first degree murder
or for | ||||||
| 22 | committing or attempting to commit first degree murder, a Class | ||||||
| 23 | X felony,
or
any one or more of the following criminal | ||||||
| 24 | offenses: (i) those defined in
Sections 11-1.20, 11-1.30, | ||||||
| 25 | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14.3, 11-14.4, | ||||||
| 26 | 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, | ||||||
| |||||||
| |||||||
| 1 | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted | ||||||
| 2 | of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, | ||||||
| 3 | 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012; (ii) (blank); (iii) (blank); (iv) | ||||||
| 5 | (blank); and (v) any offense committed or attempted in any
| ||||||
| 6 | other state or
against the laws of the United States, which, if | ||||||
| 7 | committed or attempted in
this State, would have been | ||||||
| 8 | punishable as one or more of the foregoing
offenses. Further, | ||||||
| 9 | the Chicago Park District may not knowingly employ a
person who | ||||||
| 10 | has been found to be the perpetrator of sexual or physical
| ||||||
| 11 | abuse of any minor under 18 years of age pursuant to | ||||||
| 12 | proceedings under
Article II of the Juvenile Court Act of 1987. | ||||||
| 13 | The Chicago Park District
may not knowingly employ a person for | ||||||
| 14 | whom a criminal background
investigation has not been | ||||||
| 15 | initiated.
| ||||||
| 16 | (d) The Chicago Park District shall not knowingly employ a | ||||||
| 17 | person who has been convicted of the following drug offenses, | ||||||
| 18 | other than an offense set forth in subsection (c), until 7 | ||||||
| 19 | years following the end of the sentence imposed for any of the | ||||||
| 20 | following offenses: (i) those defined in the Cannabis Control | ||||||
| 21 | Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a), | ||||||
| 22 | and 5(b) of that Act; (ii) those defined in the Illinois | ||||||
| 23 | Controlled Substances Act; (iii) those defined in the | ||||||
| 24 | Methamphetamine Control and Community Protection Act; and (iv) | ||||||
| 25 | any offense committed or attempted in any other state or | ||||||
| 26 | against the laws of the United States, which, if committed or | ||||||
| |||||||
| |||||||
| 1 | attempted in this State, would have been punishable as one or | ||||||
| 2 | more of the foregoing offenses. For purposes of this paragraph, | ||||||
| 3 | "sentence" includes any period of supervision or probation that | ||||||
| 4 | was imposed either alone or in combination with a period of | ||||||
| 5 | incarceration. | ||||||
| 6 | (e) Notwithstanding the provisions of subsection (c) or | ||||||
| 7 | (d), the Chicago Park District may, in its discretion, employ a | ||||||
| 8 | person who has been granted a certificate of good conduct under | ||||||
| 9 | Section 5-5.5-25 of the Unified Code of Corrections by the | ||||||
| 10 | Circuit Court. | ||||||
| 11 | (Source: P.A. 99-884, eff. 8-22-16.)
| ||||||
| 12 | Section 505. The Metropolitan Transit Authority Act is | ||||||
| 13 | amended by changing Section 28b as follows:
| ||||||
| 14 | (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
| ||||||
| 15 | Sec. 28b. Any person applying for a position as a driver of | ||||||
| 16 | a vehicle
owned by a private carrier company which provides | ||||||
| 17 | public transportation
pursuant to an agreement with the | ||||||
| 18 | Authority shall be required to
authorize an investigation by | ||||||
| 19 | the private carrier company to determine if
the applicant has | ||||||
| 20 | been convicted of any of the following offenses: (i) those
| ||||||
| 21 | offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, | ||||||
| 22 | 10-4, 10-5,
10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
| 23 | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||||||
| 24 | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||||||
| |||||||
| |||||||
| 1 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4, | ||||||
| 2 | 12-4.5,
12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1,
12-15, | ||||||
| 3 | 12-16, 12-16.1, 18-1, 18-2, 19-6, 20-1,
20-1.1, 31A-1, 31A-1.1, | ||||||
| 4 | and 33A-2, in subsection (a) and subsection (b),
clause (1), of | ||||||
| 5 | Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of | ||||||
| 6 | Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of | ||||||
| 7 | the Criminal Code of 1961 or the Criminal Code of 2012; (ii) | ||||||
| 8 | those
offenses defined in the Cannabis Control Act except those | ||||||
| 9 | offenses defined
in subsections (a) and (b) of Section 4, and | ||||||
| 10 | subsection (a) of Section 5 of
the Cannabis Control Act (iii) | ||||||
| 11 | those offenses defined in the Illinois
Controlled Substances | ||||||
| 12 | Act; (iv) those offenses defined in the Methamphetamine Control | ||||||
| 13 | and Community Protection Act; and (v) any offense committed or | ||||||
| 14 | attempted in
any other state or against the laws of the United | ||||||
| 15 | States, which if
committed or attempted in this State would be | ||||||
| 16 | punishable as one or more of
the foregoing offenses. Upon | ||||||
| 17 | receipt of this authorization, the private
carrier company | ||||||
| 18 | shall submit the applicant's name, sex, race, date of
birth, | ||||||
| 19 | fingerprints and social security number to the Illinois | ||||||
| 20 | Department of State Police on forms prescribed by the | ||||||
| 21 | Department. The Illinois Department of State Police shall | ||||||
| 22 | conduct an investigation to ascertain if the applicant
has been | ||||||
| 23 | convicted of any of the above enumerated offenses. The | ||||||
| 24 | Department
shall charge the private carrier company a fee for | ||||||
| 25 | conducting the
investigation, which fee shall be deposited in | ||||||
| 26 | the State Police Services
Fund and shall not exceed the cost of | ||||||
| |||||||
| |||||||
| 1 | the inquiry; and the applicant shall not
be charged a fee for | ||||||
| 2 | such investigation by the private carrier company.
The Illinois | ||||||
| 3 | Department of State Police shall furnish, pursuant to positive
| ||||||
| 4 | identification, records of convictions, until expunged, to the | ||||||
| 5 | private
carrier company which requested the investigation. A | ||||||
| 6 | copy of the record of
convictions obtained from the Department | ||||||
| 7 | shall be provided to the applicant.
Any record of conviction | ||||||
| 8 | received by the private carrier company shall be
confidential. | ||||||
| 9 | Any person who releases any confidential information
| ||||||
| 10 | concerning any criminal convictions of an applicant shall be | ||||||
| 11 | guilty of a
Class A misdemeanor, unless authorized by this | ||||||
| 12 | Section.
| ||||||
| 13 | (Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11; | ||||||
| 14 | 96-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff. | ||||||
| 15 | 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 16 | Section 510. The School Code is amended by changing | ||||||
| 17 | Sections 1A-11, 2-3.25o, 2-3.73, 2-3.140, 10-20.21a, 10-21.7, | ||||||
| 18 | 10-21.9, 10-27.1A, 10-27.1B, 34-2.1, 34-8.05, and 34-18.5 as | ||||||
| 19 | follows:
| ||||||
| 20 | (105 ILCS 5/1A-11) | ||||||
| 21 | Sec. 1A-11. Children; methamphetamine; protocol. The State | ||||||
| 22 | Board of Education shall cooperate with the Department of | ||||||
| 23 | Children and Family Services and the Illinois Department of | ||||||
| 24 | State Police in developing the protocol required under Section | ||||||
| |||||||
| |||||||
| 1 | 6.5 of the Children and Family Services Act. The Board must | ||||||
| 2 | post the protocol on the official Web site maintained by the | ||||||
| 3 | Board.
| ||||||
| 4 | (Source: P.A. 94-554, eff. 1-1-06.)
| ||||||
| 5 | (105 ILCS 5/2-3.25o)
| ||||||
| 6 | Sec. 2-3.25o. Registration and recognition of non-public | ||||||
| 7 | elementary and
secondary schools.
| ||||||
| 8 | (a) Findings. The General Assembly finds and declares (i) | ||||||
| 9 | that the
Constitution
of the State of Illinois provides that a | ||||||
| 10 | "fundamental goal of the People of the
State is the
educational | ||||||
| 11 | development of all persons to the limits of their capacities" | ||||||
| 12 | and
(ii) that the
educational development of every school | ||||||
| 13 | student serves the public purposes of
the State.
In order to | ||||||
| 14 | ensure that all Illinois students and teachers have the | ||||||
| 15 | opportunity
to enroll and
work in State-approved educational | ||||||
| 16 | institutions and programs, the State Board
of
Education shall | ||||||
| 17 | provide for the voluntary registration and recognition of
| ||||||
| 18 | non-public
elementary and secondary schools.
| ||||||
| 19 | (b) Registration. All non-public elementary and secondary | ||||||
| 20 | schools in the
State
of
Illinois may voluntarily register with | ||||||
| 21 | the State Board of Education on an
annual basis. Registration | ||||||
| 22 | shall
be completed
in conformance with procedures prescribed by | ||||||
| 23 | the State Board of Education.
Information
required for | ||||||
| 24 | registration shall include assurances of compliance (i) with
| ||||||
| 25 | federal
and State
laws regarding health examination and | ||||||
| |||||||
| |||||||
| 1 | immunization, attendance, length of term,
and
| ||||||
| 2 | nondiscrimination and (ii) with applicable fire and health | ||||||
| 3 | safety requirements.
| ||||||
| 4 | (c) Recognition. All non-public elementary and secondary | ||||||
| 5 | schools in the
State of
Illinois may voluntarily seek the | ||||||
| 6 | status of "Non-public School Recognition"
from
the State
Board | ||||||
| 7 | of Education. This status may be obtained by compliance with
| ||||||
| 8 | administrative
guidelines and review procedures as prescribed | ||||||
| 9 | by the State Board of Education.
The
guidelines and procedures | ||||||
| 10 | must recognize that some of the aims and the
financial bases of
| ||||||
| 11 | non-public schools are different from public schools and will | ||||||
| 12 | not be identical
to those for
public schools, nor will they be | ||||||
| 13 | more burdensome. The guidelines and procedures
must
also | ||||||
| 14 | recognize the diversity of non-public schools and shall not | ||||||
| 15 | impinge upon
the
noneducational relationships between those | ||||||
| 16 | schools and their clientele.
| ||||||
| 17 | (c-5) Prohibition against recognition. A non-public | ||||||
| 18 | elementary or secondary school may not obtain "Non-public | ||||||
| 19 | School Recognition" status unless the school requires all | ||||||
| 20 | certified and non-certified applicants for employment with the | ||||||
| 21 | school, after July 1, 2007, to authorize a fingerprint-based | ||||||
| 22 | criminal history records check as a condition of employment to | ||||||
| 23 | determine if such applicants have been convicted of any of the | ||||||
| 24 | enumerated criminal or drug offenses set forth in Section | ||||||
| 25 | 21B-80 of this Code or have been convicted, within 7 years of | ||||||
| 26 | the application for employment, of any other felony under the | ||||||
| |||||||
| |||||||
| 1 | laws of this State or of any offense committed or attempted in | ||||||
| 2 | any other state or against the laws of the United States that, | ||||||
| 3 | if committed or attempted in this State, would have been | ||||||
| 4 | punishable as a felony under the laws of this State. | ||||||
| 5 | Authorization for the check shall be furnished by the | ||||||
| 6 | applicant to the school, except that if the applicant is a | ||||||
| 7 | substitute teacher seeking employment in more than one | ||||||
| 8 | non-public school, a teacher seeking concurrent part-time | ||||||
| 9 | employment positions with more than one non-public school (as a | ||||||
| 10 | reading specialist, special education teacher, or otherwise), | ||||||
| 11 | or an educational support personnel employee seeking | ||||||
| 12 | employment positions with more than one non-public school, then | ||||||
| 13 | only one of the non-public schools employing the individual | ||||||
| 14 | shall request the authorization. Upon receipt of this | ||||||
| 15 | authorization, the non-public school shall submit the | ||||||
| 16 | applicant's name, sex, race, date of birth, social security | ||||||
| 17 | number, fingerprint images, and other identifiers, as | ||||||
| 18 | prescribed by the Illinois Department of State Police, to the | ||||||
| 19 | Illinois Department of State Police. | ||||||
| 20 | The Illinois Department of State Police and Federal Bureau | ||||||
| 21 | of Investigation shall furnish, pursuant to a | ||||||
| 22 | fingerprint-based criminal history records check, records of | ||||||
| 23 | convictions, forever and hereafter, until expunged, to the | ||||||
| 24 | president or principal of the non-public school that requested | ||||||
| 25 | the check. The Illinois Department of State Police shall charge | ||||||
| 26 | that school a fee for conducting such check, which fee must be | ||||||
| |||||||
| |||||||
| 1 | deposited into the State Police Services Fund and must not | ||||||
| 2 | exceed the cost of the inquiry. Subject to appropriations for | ||||||
| 3 | these purposes, the State Superintendent of Education shall | ||||||
| 4 | reimburse non-public schools for fees paid to obtain criminal | ||||||
| 5 | history records checks under this Section. | ||||||
| 6 | A non-public school may not obtain recognition status | ||||||
| 7 | unless the school also performs a check of the Statewide Sex | ||||||
| 8 | Offender Database, as authorized by the Sex Offender Community | ||||||
| 9 | Notification Law, for each applicant for employment, after July | ||||||
| 10 | 1, 2007, to determine whether the applicant has been | ||||||
| 11 | adjudicated a sex offender. | ||||||
| 12 | Any information concerning the record of convictions | ||||||
| 13 | obtained by a non-public school's president or principal under | ||||||
| 14 | this Section is confidential and may be disseminated only to | ||||||
| 15 | the governing body of the non-public school or any other person | ||||||
| 16 | necessary to the decision of hiring the applicant for | ||||||
| 17 | employment. A copy of the record of convictions obtained from | ||||||
| 18 | the Illinois Department of State Police shall be provided to | ||||||
| 19 | the applicant for employment. Upon a check of the Statewide Sex | ||||||
| 20 | Offender Database, the non-public school shall notify the | ||||||
| 21 | applicant as to whether or not the applicant has been | ||||||
| 22 | identified in the Sex Offender Database as a sex offender. Any | ||||||
| 23 | information concerning the records of conviction obtained by | ||||||
| 24 | the non-public school's president or principal under this | ||||||
| 25 | Section for a substitute teacher seeking employment in more | ||||||
| 26 | than one non-public school, a teacher seeking concurrent | ||||||
| |||||||
| |||||||
| 1 | part-time employment positions with more than one non-public | ||||||
| 2 | school (as a reading specialist, special education teacher, or | ||||||
| 3 | otherwise), or an educational support personnel employee | ||||||
| 4 | seeking employment positions with more than one non-public | ||||||
| 5 | school may be shared with another non-public school's principal | ||||||
| 6 | or president to which the applicant seeks employment. Any | ||||||
| 7 | unauthorized release of confidential information may be a | ||||||
| 8 | violation of Section 7 of the Criminal Identification Act. | ||||||
| 9 | No non-public school may obtain recognition status that | ||||||
| 10 | knowingly employs a person, hired after July 1, 2007, for whom | ||||||
| 11 | an Illinois a Department of State Police and Federal Bureau of | ||||||
| 12 | Investigation fingerprint-based criminal history records check | ||||||
| 13 | and a Statewide Sex Offender Database check has not been | ||||||
| 14 | initiated or who has been convicted of any offense enumerated | ||||||
| 15 | in Section 21B-80 of this Code or any offense committed or | ||||||
| 16 | attempted in any other state or against the laws of the United | ||||||
| 17 | States that, if committed or attempted in this State, would | ||||||
| 18 | have been punishable as one or more of those offenses. No | ||||||
| 19 | non-public school may obtain recognition status under this | ||||||
| 20 | Section that knowingly employs a person who has been found to | ||||||
| 21 | be the perpetrator of sexual or physical abuse of a minor under | ||||||
| 22 | 18 years of age pursuant to proceedings under Article II of the | ||||||
| 23 | Juvenile Court Act of 1987. | ||||||
| 24 | In order to obtain recognition status under this Section, a | ||||||
| 25 | non-public school must require compliance with the provisions | ||||||
| 26 | of this subsection (c-5) from all employees of persons or firms | ||||||
| |||||||
| |||||||
| 1 | holding contracts with the school, including, but not limited | ||||||
| 2 | to, food service workers, school bus drivers, and other | ||||||
| 3 | transportation employees, who have direct, daily contact with | ||||||
| 4 | pupils. Any information concerning the records of conviction or | ||||||
| 5 | identification as a sex offender of any such employee obtained | ||||||
| 6 | by the non-public school principal or president must be | ||||||
| 7 | promptly reported to the school's governing body.
| ||||||
| 8 | Prior to the commencement of any student teaching | ||||||
| 9 | experience or required internship (which is referred to as | ||||||
| 10 | student teaching in this Section) in any non-public elementary | ||||||
| 11 | or secondary school that has obtained or seeks to obtain | ||||||
| 12 | recognition status under this Section, a student teacher is | ||||||
| 13 | required to authorize a fingerprint-based criminal history | ||||||
| 14 | records check. Authorization for and payment of the costs of | ||||||
| 15 | the check must be furnished by the student teacher to the chief | ||||||
| 16 | administrative officer of the non-public school where the | ||||||
| 17 | student teaching is to be completed. Upon receipt of this | ||||||
| 18 | authorization and payment, the chief administrative officer of | ||||||
| 19 | the non-public school shall submit the student teacher's name, | ||||||
| 20 | sex, race, date of birth, social security number, fingerprint | ||||||
| 21 | images, and other identifiers, as prescribed by the Illinois | ||||||
| 22 | Department of State Police, to the Illinois Department of State | ||||||
| 23 | Police. The Illinois Department of State Police and the Federal | ||||||
| 24 | Bureau of Investigation shall furnish, pursuant to a | ||||||
| 25 | fingerprint-based criminal history records check, records of | ||||||
| 26 | convictions, forever and hereinafter, until expunged, to the | ||||||
| |||||||
| |||||||
| 1 | chief administrative officer of the non-public school that | ||||||
| 2 | requested the check. The Illinois Department of State Police | ||||||
| 3 | shall charge the school a fee for conducting the check, which | ||||||
| 4 | fee must be passed on to the student teacher, must not exceed | ||||||
| 5 | the cost of the inquiry, and must be deposited into the State | ||||||
| 6 | Police Services Fund. The school shall further perform a check | ||||||
| 7 | of the Statewide Sex Offender Database, as authorized by the | ||||||
| 8 | Sex Offender Community Notification Law, and of the Statewide | ||||||
| 9 | Murderer and Violent Offender Against Youth Database, as | ||||||
| 10 | authorized by the Murderer and Violent Offender Against Youth | ||||||
| 11 | Registration Act, for each student teacher. No school that has | ||||||
| 12 | obtained or seeks to obtain recognition status under this | ||||||
| 13 | Section may knowingly allow a person to student teach for whom | ||||||
| 14 | a criminal history records check, a Statewide Sex Offender | ||||||
| 15 | Database check, and a Statewide Murderer and Violent Offender | ||||||
| 16 | Against Youth Database check have not been completed and | ||||||
| 17 | reviewed by the chief administrative officer of the non-public | ||||||
| 18 | school. | ||||||
| 19 | A copy of the record of convictions obtained from the | ||||||
| 20 | Illinois Department of State Police must be provided to the | ||||||
| 21 | student teacher. Any information concerning the record of | ||||||
| 22 | convictions obtained by the chief administrative officer of the | ||||||
| 23 | non-public school is confidential and may be transmitted only | ||||||
| 24 | to the chief administrative officer of the non-public school or | ||||||
| 25 | his or her designee, the State Superintendent of Education, the | ||||||
| 26 | State Educator Preparation and Licensure Board, or, for | ||||||
| |||||||
| |||||||
| 1 | clarification purposes, the Illinois Department of State | ||||||
| 2 | Police or the Statewide Sex Offender Database or Statewide | ||||||
| 3 | Murderer and Violent Offender Against Youth Database. Any | ||||||
| 4 | unauthorized release of confidential information may be a | ||||||
| 5 | violation of Section 7 of the Criminal Identification Act. | ||||||
| 6 | No school that has obtained or seeks to obtain recognition | ||||||
| 7 | status under this Section may knowingly allow a person to | ||||||
| 8 | student teach who has been convicted of any offense that would | ||||||
| 9 | subject him or her to license suspension or revocation pursuant | ||||||
| 10 | to Section 21B-80 of this Code or who has been found to be the | ||||||
| 11 | perpetrator of sexual or physical abuse of a minor under 18 | ||||||
| 12 | years of age pursuant to proceedings under Article II of the | ||||||
| 13 | Juvenile Court Act of 1987. | ||||||
| 14 | (d) Public purposes. The provisions of this Section are in | ||||||
| 15 | the public
interest, for
the public benefit, and serve secular | ||||||
| 16 | public purposes.
| ||||||
| 17 | (e) Definition. For purposes of this Section, a non-public | ||||||
| 18 | school means any
non-profit, non-home-based, and non-public | ||||||
| 19 | elementary or secondary school that
is
in
compliance with Title | ||||||
| 20 | VI of the Civil Rights Act of 1964 and attendance at
which
| ||||||
| 21 | satisfies the requirements of Section 26-1 of this Code.
| ||||||
| 22 | (Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
| ||||||
| 23 | (105 ILCS 5/2-3.73) (from Ch. 122, par. 2-3.73)
| ||||||
| 24 | Sec. 2-3.73. Missing child program. The State Board of | ||||||
| 25 | Education shall
administer and implement a missing child | ||||||
| |||||||
| |||||||
| 1 | program in accordance with the
provisions of this Section. Upon | ||||||
| 2 | receipt of each periodic information
bulletin from the Illinois | ||||||
| 3 | Department of State Police pursuant
to Section 6 of
the | ||||||
| 4 | Intergovernmental Missing Child Recovery Act of 1984, the State | ||||||
| 5 | Board
of Education shall promptly disseminate the information | ||||||
| 6 | to each school district in this State and to the principal
or | ||||||
| 7 | chief administrative officer of every nonpublic elementary and
| ||||||
| 8 | secondary school in this State registered with the State Board | ||||||
| 9 | of Education. Upon receipt of such information, each school | ||||||
| 10 | board shall
compare the names on the bulletin to the names of | ||||||
| 11 | all students presently
enrolled in the schools of the district. | ||||||
| 12 | If a school board or its designee
determines that a missing | ||||||
| 13 | child is
attending one of the schools within the
school | ||||||
| 14 | district, or if the principal or chief administrative officer | ||||||
| 15 | of a
nonpublic school is notified by school personnel that a | ||||||
| 16 | missing child is
attending that school, the school board or the | ||||||
| 17 | principal or chief
administrative officer of the nonpublic | ||||||
| 18 | school shall immediately give
notice of this fact to the | ||||||
| 19 | Illinois Department of State Police and the law enforcement | ||||||
| 20 | agency having jurisdiction in the area
where the missing child | ||||||
| 21 | resides or attends school.
| ||||||
| 22 | (Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
| ||||||
| 23 | (105 ILCS 5/2-3.140)
| ||||||
| 24 | Sec. 2-3.140. Child abduction prevention instruction. The | ||||||
| 25 | State Board of
Education,
in coordination with the Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State Police, shall develop child
abduction
| ||||||
| 2 | prevention instruction for inclusion in elementary and | ||||||
| 3 | secondary school
curricula
throughout the State. The State | ||||||
| 4 | Board of Education and the Illinois Department of State Police
| ||||||
| 5 | shall encourage the inclusion of the child abduction prevention | ||||||
| 6 | instruction in
private
elementary and secondary school | ||||||
| 7 | curricula throughout the State.
| ||||||
| 8 | (Source: P.A. 93-310, eff. 7-23-03.)
| ||||||
| 9 | (105 ILCS 5/10-20.21a)
| ||||||
| 10 | Sec. 10-20.21a. Contracts for charter bus services. To | ||||||
| 11 | award
contracts for providing charter bus services for the sole | ||||||
| 12 | purpose of
transporting students regularly enrolled in grade 12 | ||||||
| 13 | or below to or
from interscholastic athletic or interscholastic | ||||||
| 14 | or school sponsored
activities.
| ||||||
| 15 | All contracts for providing charter bus services for the | ||||||
| 16 | sole
purpose of transporting students regularly enrolled in | ||||||
| 17 | grade 12 or
below to or from interscholastic athletic or | ||||||
| 18 | interscholastic or school
sponsored activities must contain | ||||||
| 19 | clause (A) as
set forth below, except that a contract with an | ||||||
| 20 | out-of-state company may
contain
clause (B), as set forth | ||||||
| 21 | below, or clause (A). The clause must be set
forth in the body | ||||||
| 22 | of the
contract in typeface of at least 12 points and all upper | ||||||
| 23 | case letters:
| ||||||
| 24 | (A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
| ||||||
| 25 | SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY | ||||||
| |||||||
| |||||||
| 1 | SERVICES ARE
PROVIDED:
| ||||||
| 2 | (1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS | ||||||
| 3 | DEPARTMENT OF STATE POLICE IN
THE FORM
AND MANNER | ||||||
| 4 | PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE. | ||||||
| 5 | THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE | ||||||
| 6 | FINGERPRINT RECORDS
NOW AND HEREAFTER FILED IN THE ILLINOIS | ||||||
| 7 | DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF | ||||||
| 8 | INVESTIGATION CRIMINAL HISTORY RECORDS
DATABASES. THE | ||||||
| 9 | FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION
THAT THEY | ||||||
| 10 | HAVE NOT
BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES | ||||||
| 11 | SET FORTH IN
SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE | ||||||
| 12 | ILLINOIS VEHICLE
CODE; AND
| ||||||
| 13 | (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE
SCHOOL | ||||||
| 14 | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
| ||||||
| 15 | INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY | ||||||
| 16 | AGENCY."
| ||||||
| 17 | (B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE | ||||||
| 18 | PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE | ||||||
| 19 | BEFORE ANY SERVICES ARE
PROVIDED:
| ||||||
| 20 | (1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS | ||||||
| 21 | DEPARTMENT OF STATE POLICE IN
THE FORM
AND MANNER | ||||||
| 22 | PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE. | ||||||
| 23 | THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE | ||||||
| 24 | FINGERPRINT RECORDS
NOW AND HEREAFTER FILED IN THE ILLINOIS | ||||||
| 25 | DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF | ||||||
| 26 | INVESTIGATION CRIMINAL HISTORY RECORDS
DATABASES. THE | ||||||
| |||||||
| |||||||
| 1 | FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION
THAT THEY | ||||||
| 2 | HAVE NOT
BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES | ||||||
| 3 | SET FORTH IN
SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE | ||||||
| 4 | ILLINOIS VEHICLE CODE;
AND
| ||||||
| 5 | (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE
SCHOOL | ||||||
| 6 | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
| ||||||
| 7 | INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY | ||||||
| 8 | AGENCY."
| ||||||
| 9 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 10 | (105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
| ||||||
| 11 | Sec. 10-21.7. Attacks on school personnel.
| ||||||
| 12 | (a) In the Section, "school" means any public or private | ||||||
| 13 | elementary or
secondary school.
| ||||||
| 14 | (b) Upon receipt of a
written complaint from any school | ||||||
| 15 | personnel, the superintendent, or other
appropriate | ||||||
| 16 | administrative officer for a private school, shall
report all | ||||||
| 17 | incidents of battery committed against teachers, teacher
| ||||||
| 18 | personnel, administrative personnel or educational support
| ||||||
| 19 | personnel to the local law enforcement
authorities immediately | ||||||
| 20 | after the occurrence of
the attack
and to the Illinois | ||||||
| 21 | Department of State Police's Illinois
Uniform Crime Reporting | ||||||
| 22 | Program no later than 3 days after the
occurrence of the | ||||||
| 23 | attack. The State Board of Education shall receive monthly
as | ||||||
| 24 | well as annual statistical compilations of attacks on school | ||||||
| 25 | personnel
from the Illinois Department of State Police through | ||||||
| |||||||
| |||||||
| 1 | the
Illinois Uniform Crime Reporting Program.
The State Board | ||||||
| 2 | of Education shall compile this information by school
district | ||||||
| 3 | and make it available to the public.
| ||||||
| 4 | (Source: P.A. 91-491, eff. 8-13-99.)
| ||||||
| 5 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||||||
| 6 | Sec. 10-21.9. Criminal history records checks and checks of | ||||||
| 7 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
| 8 | Violent Offender Against Youth Database.
| ||||||
| 9 | (a) Licensed and nonlicensed applicants for employment | ||||||
| 10 | with a school
district, except school bus driver applicants, | ||||||
| 11 | are required as a condition
of employment to authorize a | ||||||
| 12 | fingerprint-based criminal history records check to determine | ||||||
| 13 | if such applicants have been convicted of any disqualifying, | ||||||
| 14 | enumerated criminal or drug offenses in subsection (c) of this | ||||||
| 15 | Section or
have been convicted, within 7 years of the | ||||||
| 16 | application for employment with
the
school district, of any | ||||||
| 17 | other felony under the laws of this State or of any
offense | ||||||
| 18 | committed or attempted in any other state or against the laws | ||||||
| 19 | of
the United States that, if committed or attempted in this | ||||||
| 20 | State, would
have been punishable as a felony under the laws of | ||||||
| 21 | this State.
Authorization for
the check shall be furnished by | ||||||
| 22 | the applicant to
the school district, except that if the | ||||||
| 23 | applicant is a substitute teacher
seeking employment in more | ||||||
| 24 | than one school district, a teacher seeking
concurrent | ||||||
| 25 | part-time employment positions with more than one school
| ||||||
| |||||||
| |||||||
| 1 | district (as a reading specialist, special education teacher or | ||||||
| 2 | otherwise),
or an educational support personnel employee | ||||||
| 3 | seeking employment positions
with more than one district, any | ||||||
| 4 | such district may require the applicant to
furnish | ||||||
| 5 | authorization for
the check to the regional superintendent
of | ||||||
| 6 | the educational service region in which are located the school | ||||||
| 7 | districts
in which the applicant is seeking employment as a | ||||||
| 8 | substitute or concurrent
part-time teacher or concurrent | ||||||
| 9 | educational support personnel employee.
Upon receipt of this | ||||||
| 10 | authorization, the school district or the appropriate
regional | ||||||
| 11 | superintendent, as the case may be, shall submit the | ||||||
| 12 | applicant's
name, sex, race, date of birth, social security | ||||||
| 13 | number, fingerprint images, and other identifiers, as | ||||||
| 14 | prescribed by the Illinois Department
of State Police, to the | ||||||
| 15 | Illinois State Police Department. The regional
superintendent | ||||||
| 16 | submitting the requisite information to the Illinois | ||||||
| 17 | Department of
State Police shall promptly notify the school | ||||||
| 18 | districts in which the
applicant is seeking employment as a | ||||||
| 19 | substitute or concurrent part-time
teacher or concurrent | ||||||
| 20 | educational support personnel employee that
the
check of the | ||||||
| 21 | applicant has been requested. The Illinois Department of State | ||||||
| 22 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
| 23 | pursuant to a fingerprint-based criminal history records | ||||||
| 24 | check, records of convictions, forever and hereinafter, until | ||||||
| 25 | expunged, to the president of the school board for the school | ||||||
| 26 | district that requested the check, or to the regional | ||||||
| |||||||
| |||||||
| 1 | superintendent who requested the check.
The Illinois State | ||||||
| 2 | Police
Department shall charge
the school district
or the | ||||||
| 3 | appropriate regional superintendent a fee for
conducting
such | ||||||
| 4 | check, which fee shall be deposited in the State
Police | ||||||
| 5 | Services Fund and shall not exceed the cost of
the inquiry; and | ||||||
| 6 | the
applicant shall not be charged a fee for
such check by the | ||||||
| 7 | school
district or by the regional superintendent, except that | ||||||
| 8 | those applicants seeking employment as a substitute teacher | ||||||
| 9 | with a school district may be charged a fee not to exceed the | ||||||
| 10 | cost of the inquiry. Subject to appropriations for these | ||||||
| 11 | purposes, the State Superintendent of Education shall | ||||||
| 12 | reimburse school districts and regional superintendents for | ||||||
| 13 | fees paid to obtain criminal history records checks under this | ||||||
| 14 | Section.
| ||||||
| 15 | (a-5) The school district or regional superintendent shall | ||||||
| 16 | further perform a check of the Statewide Sex Offender Database, | ||||||
| 17 | as authorized by the Sex Offender Community Notification Law, | ||||||
| 18 | for each applicant. The check of the Statewide Sex Offender | ||||||
| 19 | Database must be conducted by the school district or regional | ||||||
| 20 | superintendent once for every 5 years that an applicant remains | ||||||
| 21 | employed by the school district. | ||||||
| 22 | (a-6) The school district or regional superintendent shall | ||||||
| 23 | further perform a check of the Statewide Murderer and Violent | ||||||
| 24 | Offender Against Youth Database, as authorized by the Murderer | ||||||
| 25 | and Violent Offender Against Youth Community Notification Law, | ||||||
| 26 | for each applicant. The check of the Murderer and Violent | ||||||
| |||||||
| |||||||
| 1 | Offender Against Youth Database must be conducted by the school | ||||||
| 2 | district or regional superintendent once for every 5 years that | ||||||
| 3 | an applicant remains employed by the school district. | ||||||
| 4 | (b)
Any information
concerning the record of convictions | ||||||
| 5 | obtained by the president of the
school board or the regional | ||||||
| 6 | superintendent shall be confidential and may
only be | ||||||
| 7 | transmitted to the superintendent of the school district or his
| ||||||
| 8 | designee, the appropriate regional superintendent if
the check | ||||||
| 9 | was
requested by the school district, the presidents of the | ||||||
| 10 | appropriate school
boards if
the check was requested from the | ||||||
| 11 | Illinois Department of State
Police by the regional | ||||||
| 12 | superintendent, the State Board of Education and a school | ||||||
| 13 | district as authorized under subsection (b-5), the State | ||||||
| 14 | Superintendent of
Education, the State Educator Preparation | ||||||
| 15 | and Licensure Board, any other person
necessary to the decision | ||||||
| 16 | of hiring the applicant for employment, or for clarification | ||||||
| 17 | purposes the Illinois Department of State Police or Statewide | ||||||
| 18 | Sex Offender Database, or both. A copy
of the record of | ||||||
| 19 | convictions obtained from the Illinois Department of State | ||||||
| 20 | Police
shall be provided to the applicant for employment. Upon | ||||||
| 21 | the check of the Statewide Sex Offender Database or Statewide | ||||||
| 22 | Murderer and Violent Offender Against Youth Database, the | ||||||
| 23 | school district or regional superintendent shall notify an | ||||||
| 24 | applicant as to whether or not the applicant has been | ||||||
| 25 | identified in the Database. If a check of
an applicant for | ||||||
| 26 | employment as a substitute or concurrent part-time teacher
or | ||||||
| |||||||
| |||||||
| 1 | concurrent educational support personnel employee in more than | ||||||
| 2 | one
school district was requested by the regional | ||||||
| 3 | superintendent, and the Illinois
Department of State Police | ||||||
| 4 | upon a check ascertains that the applicant
has not been | ||||||
| 5 | convicted of any of the enumerated criminal or drug offenses
in | ||||||
| 6 | subsection (c) of this Section
or has not been convicted, | ||||||
| 7 | within 7 years of the
application for
employment with the
| ||||||
| 8 | school district, of any other felony under the laws of this | ||||||
| 9 | State or of any
offense committed or attempted in any other | ||||||
| 10 | state or against the laws of
the United States that, if | ||||||
| 11 | committed or attempted in this State, would
have been | ||||||
| 12 | punishable as a felony under the laws of this State
and so | ||||||
| 13 | notifies the regional
superintendent and if the regional | ||||||
| 14 | superintendent upon a check ascertains that the applicant has | ||||||
| 15 | not been identified in the Sex Offender Database or Statewide | ||||||
| 16 | Murderer and Violent Offender Against Youth Database, then the
| ||||||
| 17 | regional superintendent shall issue to the applicant a | ||||||
| 18 | certificate
evidencing that as of the date specified by the | ||||||
| 19 | Illinois Department of State Police
the applicant has not been | ||||||
| 20 | convicted of any of the enumerated criminal or
drug offenses in | ||||||
| 21 | subsection (c) of this Section
or has not been
convicted, | ||||||
| 22 | within 7 years of the application for employment with the
| ||||||
| 23 | school district, of any other felony under the laws of this | ||||||
| 24 | State or of any
offense committed or attempted in any other | ||||||
| 25 | state or against the laws of
the United States that, if | ||||||
| 26 | committed or attempted in this State, would
have been | ||||||
| |||||||
| |||||||
| 1 | punishable as a felony under the laws of this State and | ||||||
| 2 | evidencing that as of the date that the regional superintendent | ||||||
| 3 | conducted a check of the Statewide Sex Offender Database or | ||||||
| 4 | Statewide Murderer and Violent Offender Against Youth | ||||||
| 5 | Database, the applicant has not been identified in the | ||||||
| 6 | Database. The school
board of
any
school district
may rely on | ||||||
| 7 | the
certificate issued by any regional superintendent to that | ||||||
| 8 | substitute teacher, concurrent part-time teacher, or | ||||||
| 9 | concurrent educational support personnel employee or may
| ||||||
| 10 | initiate its own criminal history records check of the | ||||||
| 11 | applicant through the Illinois Department of
State Police and | ||||||
| 12 | its own check of the Statewide Sex Offender Database or | ||||||
| 13 | Statewide Murderer and Violent Offender Against Youth Database | ||||||
| 14 | as provided in this Section. Any unauthorized release of | ||||||
| 15 | confidential information may be a violation of Section 7 of the | ||||||
| 16 | Criminal Identification Act.
| ||||||
| 17 | (b-5) If a criminal history records check or check of the | ||||||
| 18 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
| 19 | Violent Offender Against Youth Database is performed by a | ||||||
| 20 | regional superintendent for an applicant seeking employment as | ||||||
| 21 | a substitute teacher with a school district, the regional | ||||||
| 22 | superintendent may disclose to the State Board of Education | ||||||
| 23 | whether the applicant has been issued a certificate under | ||||||
| 24 | subsection (b) based on those checks. If the State Board | ||||||
| 25 | receives information on an applicant under this subsection, | ||||||
| 26 | then it must indicate in the Educator Licensure Information | ||||||
| |||||||
| |||||||
| 1 | System for a 90-day period that the applicant has been issued | ||||||
| 2 | or has not been issued a certificate. | ||||||
| 3 | (c) No school board shall knowingly employ a person who has | ||||||
| 4 | been
convicted of any offense that would subject him or her to | ||||||
| 5 | license suspension or revocation pursuant to Section 21B-80 of | ||||||
| 6 | this Code, except as provided under subsection (b) of Section | ||||||
| 7 | 21B-80.
Further, no school board shall knowingly employ a | ||||||
| 8 | person who has been found
to be the perpetrator of sexual or | ||||||
| 9 | physical abuse of any minor under 18 years
of age pursuant to | ||||||
| 10 | proceedings under Article II of the Juvenile Court Act of
1987. | ||||||
| 11 | As a condition of employment, each school board must consider | ||||||
| 12 | the status of a person who has been issued an indicated finding | ||||||
| 13 | of abuse or neglect of a child by the Department of Children | ||||||
| 14 | and Family Services under the Abused and Neglected Child | ||||||
| 15 | Reporting Act or by a child welfare agency of another | ||||||
| 16 | jurisdiction.
| ||||||
| 17 | (d) No school board shall knowingly employ a person for | ||||||
| 18 | whom a criminal
history records check and a Statewide Sex | ||||||
| 19 | Offender Database check have has not been initiated.
| ||||||
| 20 | (e) If permissible by federal or State law, no later than | ||||||
| 21 | 15 business days after receipt of a record of conviction or of | ||||||
| 22 | checking the Statewide Murderer and Violent Offender Against | ||||||
| 23 | Youth Database or the Statewide Sex Offender Database and | ||||||
| 24 | finding a registration, the superintendent of the employing | ||||||
| 25 | school board or the applicable regional superintendent shall, | ||||||
| 26 | in writing, notify the State Superintendent of Education of any | ||||||
| |||||||
| |||||||
| 1 | license holder who has been convicted of a crime set forth in | ||||||
| 2 | Section 21B-80 of this Code. Upon receipt of the record of a | ||||||
| 3 | conviction of or a finding of child
abuse by a holder of any | ||||||
| 4 | license
issued pursuant to Article 21B or Section 34-8.1 or | ||||||
| 5 | 34-83 of the
School Code, the
State Superintendent of Education | ||||||
| 6 | may initiate licensure suspension
and revocation proceedings | ||||||
| 7 | as authorized by law. If the receipt of the record of | ||||||
| 8 | conviction or finding of child abuse is received within 6 | ||||||
| 9 | months after the initial grant of or renewal of a license, the | ||||||
| 10 | State Superintendent of Education may rescind the license | ||||||
| 11 | holder's license.
| ||||||
| 12 | (e-5) The superintendent of the employing school board | ||||||
| 13 | shall, in writing, notify the State Superintendent of Education | ||||||
| 14 | and the applicable regional superintendent of schools of any | ||||||
| 15 | license holder whom he or she has reasonable cause to believe | ||||||
| 16 | has committed an intentional act of abuse or neglect with the | ||||||
| 17 | result of making a child an abused child or a neglected child, | ||||||
| 18 | as defined in Section 3 of the Abused and Neglected Child | ||||||
| 19 | Reporting Act, and that act resulted in the license holder's | ||||||
| 20 | dismissal or resignation from the school district. This | ||||||
| 21 | notification must be submitted within 30 days after the | ||||||
| 22 | dismissal or resignation. The license holder must also be | ||||||
| 23 | contemporaneously sent a copy of the notice by the | ||||||
| 24 | superintendent. All correspondence, documentation, and other | ||||||
| 25 | information so received by the regional superintendent of | ||||||
| 26 | schools, the State Superintendent of Education, the State Board | ||||||
| |||||||
| |||||||
| 1 | of Education, or the State Educator Preparation and Licensure | ||||||
| 2 | Board under this subsection (e-5) is confidential and must not | ||||||
| 3 | be disclosed to third parties, except (i) as necessary for the | ||||||
| 4 | State Superintendent of Education or his or her designee to | ||||||
| 5 | investigate and prosecute pursuant to Article 21B of this Code, | ||||||
| 6 | (ii) pursuant to a court order, (iii) for disclosure to the | ||||||
| 7 | license holder or his or her representative, or (iv) as | ||||||
| 8 | otherwise provided in this Article and provided that any such | ||||||
| 9 | information admitted into evidence in a hearing is exempt from | ||||||
| 10 | this confidentiality and non-disclosure requirement. Except | ||||||
| 11 | for an act of willful or wanton misconduct, any superintendent | ||||||
| 12 | who provides notification as required in this subsection (e-5) | ||||||
| 13 | shall have immunity from any liability, whether civil or | ||||||
| 14 | criminal or that otherwise might result by reason of such | ||||||
| 15 | action. | ||||||
| 16 | (f) After January 1, 1990 the provisions of this Section | ||||||
| 17 | shall apply
to all employees of persons or firms holding | ||||||
| 18 | contracts with any school
district including, but not limited | ||||||
| 19 | to, food service workers, school bus
drivers and other | ||||||
| 20 | transportation employees, who have direct, daily contact
with | ||||||
| 21 | the pupils of any school in such district. For purposes of | ||||||
| 22 | criminal
history records checks and checks of the Statewide Sex | ||||||
| 23 | Offender Database on employees of persons or firms holding
| ||||||
| 24 | contracts with more than one school district and assigned to | ||||||
| 25 | more than one
school district, the regional superintendent of | ||||||
| 26 | the educational service
region in which the contracting school | ||||||
| |||||||
| |||||||
| 1 | districts are located may, at the
request of any such school | ||||||
| 2 | district, be responsible for receiving the
authorization for
a | ||||||
| 3 | criminal history records check prepared by each such employee | ||||||
| 4 | and
submitting the same to the Illinois Department of State | ||||||
| 5 | Police and for conducting a check of the Statewide Sex Offender | ||||||
| 6 | Database for each employee. Any information
concerning the | ||||||
| 7 | record of conviction and identification as a sex offender of | ||||||
| 8 | any such employee obtained by the
regional superintendent shall | ||||||
| 9 | be promptly reported to the president of the
appropriate school | ||||||
| 10 | board or school boards.
| ||||||
| 11 | (f-5) Upon request of a school or school district, any | ||||||
| 12 | information obtained by a school district pursuant to | ||||||
| 13 | subsection (f) of this Section within the last year must be | ||||||
| 14 | made available to the requesting school or school district. | ||||||
| 15 | (g) Prior to the commencement of any student teaching | ||||||
| 16 | experience or required internship (which is referred to as | ||||||
| 17 | student teaching in this Section) in the public schools, a | ||||||
| 18 | student teacher is required to authorize a fingerprint-based | ||||||
| 19 | criminal history records check. Authorization for and payment | ||||||
| 20 | of the costs of the check must be furnished by the student | ||||||
| 21 | teacher to the school district where the student teaching is to | ||||||
| 22 | be completed. Upon receipt of this authorization and payment, | ||||||
| 23 | the school district shall submit the student teacher's name, | ||||||
| 24 | sex, race, date of birth, social security number, fingerprint | ||||||
| 25 | images, and other identifiers, as prescribed by the Illinois | ||||||
| 26 | Department of State Police, to the Illinois Department of State | ||||||
| |||||||
| |||||||
| 1 | Police. The Illinois Department of State Police and the Federal | ||||||
| 2 | Bureau of Investigation shall furnish, pursuant to a | ||||||
| 3 | fingerprint-based criminal history records check, records of | ||||||
| 4 | convictions, forever and hereinafter, until expunged, to the | ||||||
| 5 | president of the school board for the school district that | ||||||
| 6 | requested the check. The Illinois State Police Department shall | ||||||
| 7 | charge the school district a fee for conducting the check, | ||||||
| 8 | which fee must not exceed the cost of the inquiry and must be | ||||||
| 9 | deposited into the State Police Services Fund. The school | ||||||
| 10 | district shall further perform a check of the Statewide Sex | ||||||
| 11 | Offender Database, as authorized by the Sex Offender Community | ||||||
| 12 | Notification Law, and of the Statewide Murderer and Violent | ||||||
| 13 | Offender Against Youth Database, as authorized by the Murderer | ||||||
| 14 | and Violent Offender Against Youth Registration Act, for each | ||||||
| 15 | student teacher. No school board may knowingly allow a person | ||||||
| 16 | to student teach for whom a criminal history records check, a | ||||||
| 17 | Statewide Sex Offender Database check, and a Statewide Murderer | ||||||
| 18 | and Violent Offender Against Youth Database check have not been | ||||||
| 19 | completed and reviewed by the district. | ||||||
| 20 | A copy of the record of convictions obtained from the | ||||||
| 21 | Illinois Department of State Police must be provided to the | ||||||
| 22 | student teacher. Any information concerning the record of | ||||||
| 23 | convictions obtained by the president of the school board is | ||||||
| 24 | confidential and may only be transmitted to the superintendent | ||||||
| 25 | of the school district or his or her designee, the State | ||||||
| 26 | Superintendent of Education, the State Educator Preparation | ||||||
| |||||||
| |||||||
| 1 | and Licensure Board, or, for clarification purposes, the | ||||||
| 2 | Illinois Department of State Police or the Statewide Sex | ||||||
| 3 | Offender Database or Statewide Murderer and Violent Offender | ||||||
| 4 | Against Youth Database. Any unauthorized release of | ||||||
| 5 | confidential information may be a violation of Section 7 of the | ||||||
| 6 | Criminal Identification Act. | ||||||
| 7 | No school board shall knowingly allow a person to student | ||||||
| 8 | teach who has been convicted of any offense that would subject | ||||||
| 9 | him or her to license suspension or revocation pursuant to | ||||||
| 10 | subsection (c) of Section 21B-80 of this Code, except as | ||||||
| 11 | provided under subsection (b) of Section 21B-80. Further, no | ||||||
| 12 | school board shall allow a person to student teach if he or she | ||||||
| 13 | has been found to be the perpetrator of sexual or physical | ||||||
| 14 | abuse of a minor under 18 years of age pursuant to proceedings | ||||||
| 15 | under Article II of the Juvenile Court Act of 1987. Each school | ||||||
| 16 | board must consider the status of a person to student teach who | ||||||
| 17 | has been issued an indicated finding of abuse or neglect of a | ||||||
| 18 | child by the Department of Children and Family Services under | ||||||
| 19 | the Abused and Neglected Child Reporting Act or by a child | ||||||
| 20 | welfare agency of another jurisdiction. | ||||||
| 21 | (h) (Blank). | ||||||
| 22 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
| 23 | revised 12-3-19.)
| ||||||
| 24 | (105 ILCS 5/10-27.1A)
| ||||||
| 25 | Sec. 10-27.1A. Firearms in schools.
| ||||||
| |||||||
| |||||||
| 1 | (a) All school officials, including teachers, guidance | ||||||
| 2 | counselors, and
support staff, shall immediately notify the | ||||||
| 3 | office of the principal in the
event that they observe any | ||||||
| 4 | person in possession of a firearm on school
grounds; provided | ||||||
| 5 | that taking such immediate action to notify the office of the
| ||||||
| 6 | principal would not immediately endanger the health, safety, or | ||||||
| 7 | welfare of
students who are under the direct supervision of the | ||||||
| 8 | school official or the
school official. If the health, safety, | ||||||
| 9 | or welfare of students under the
direct supervision of the | ||||||
| 10 | school official or of the school official is
immediately | ||||||
| 11 | endangered, the school official shall notify the office of the
| ||||||
| 12 | principal as soon as the students under his or her supervision | ||||||
| 13 | and he or she
are no longer under immediate danger. A report is | ||||||
| 14 | not required by this Section
when the school official knows | ||||||
| 15 | that the person in possession of the firearm is
a law | ||||||
| 16 | enforcement official engaged in the conduct of his or her | ||||||
| 17 | official
duties. Any school official acting in good faith who | ||||||
| 18 | makes such a report under
this Section shall have immunity from | ||||||
| 19 | any civil or criminal liability that
might otherwise be | ||||||
| 20 | incurred as a result of making the report. The identity of
the | ||||||
| 21 | school official making such report shall not be disclosed | ||||||
| 22 | except as
expressly and specifically authorized by law. | ||||||
| 23 | Knowingly and willfully failing
to comply with this Section is | ||||||
| 24 | a petty offense. A second or subsequent offense
is a Class C | ||||||
| 25 | misdemeanor.
| ||||||
| 26 | (b) Upon receiving a report from any school official | ||||||
| |||||||
| |||||||
| 1 | pursuant to this
Section, or from any other person, the | ||||||
| 2 | principal or his or her designee shall
immediately notify a | ||||||
| 3 | local law enforcement agency. If the person found to be
in | ||||||
| 4 | possession of a firearm on school grounds is a student, the | ||||||
| 5 | principal or
his or her designee shall also immediately notify | ||||||
| 6 | that student's parent or
guardian. Any principal or his or her | ||||||
| 7 | designee acting in good faith who makes
such reports under this | ||||||
| 8 | Section shall have immunity from any civil or criminal
| ||||||
| 9 | liability that might otherwise be incurred or imposed as a | ||||||
| 10 | result of making
the reports. Knowingly and willfully failing | ||||||
| 11 | to comply with this Section is a
petty offense. A second or | ||||||
| 12 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
| 13 | found to be in possession of the firearm on school grounds is a
| ||||||
| 14 | minor, the law enforcement agency shall detain that minor until | ||||||
| 15 | such time as
the agency makes a determination pursuant to | ||||||
| 16 | clause (a) of subsection (1) of
Section 5-401 of the Juvenile | ||||||
| 17 | Court Act of 1987, as to whether the agency
reasonably believes | ||||||
| 18 | that the minor is delinquent. If the law enforcement
agency | ||||||
| 19 | determines that probable cause exists to believe that the minor
| ||||||
| 20 | committed a violation of item (4) of subsection (a) of Section | ||||||
| 21 | 24-1 of the
Criminal Code of 2012 while on school grounds, the | ||||||
| 22 | agency shall detain the
minor for processing pursuant to | ||||||
| 23 | Section 5-407 of the Juvenile Court Act of
1987.
| ||||||
| 24 | (c) On or after January 1, 1997, upon receipt of any | ||||||
| 25 | written,
electronic, or verbal report from any school personnel | ||||||
| 26 | regarding a verified
incident involving a firearm in a school | ||||||
| |||||||
| |||||||
| 1 | or on school owned or leased property,
including any conveyance | ||||||
| 2 | owned,
leased, or used by the school for the transport of | ||||||
| 3 | students or school
personnel, the superintendent or his or her | ||||||
| 4 | designee shall report all such
firearm-related incidents | ||||||
| 5 | occurring in a school or on school property to the
local law | ||||||
| 6 | enforcement authorities immediately and to the Illinois | ||||||
| 7 | Department of State Police in a form, manner, and frequency as | ||||||
| 8 | prescribed by the Illinois Department of State Police.
| ||||||
| 9 | The State Board of Education shall receive an annual | ||||||
| 10 | statistical compilation
and related data associated with | ||||||
| 11 | incidents involving firearms in schools from
the Illinois | ||||||
| 12 | Department of State Police. The State Board of Education shall | ||||||
| 13 | compile
this information by school district and make it | ||||||
| 14 | available to the public.
| ||||||
| 15 | (d) As used in this Section, the term "firearm" shall have | ||||||
| 16 | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||||||
| 17 | Identification Card Act.
| ||||||
| 18 | As used in this Section, the term "school" means any public | ||||||
| 19 | or private
elementary or secondary school.
| ||||||
| 20 | As used in this Section, the term "school grounds" includes | ||||||
| 21 | the real property
comprising any school, any conveyance owned, | ||||||
| 22 | leased, or contracted by a school
to transport students to or | ||||||
| 23 | from school or a school-related activity, or any
public way | ||||||
| 24 | within 1,000 feet of the real property comprising any school.
| ||||||
| 25 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/10-27.1B)
| ||||||
| 2 | Sec. 10-27.1B. Reporting drug-related incidents in | ||||||
| 3 | schools.
| ||||||
| 4 | (a) In this Section:
| ||||||
| 5 | "Drug" means "cannabis" as defined under subsection (a) of | ||||||
| 6 | Section 3 of the
Cannabis Control Act, "narcotic drug" as | ||||||
| 7 | defined under subsection (aa) of
Section 102
of the Illinois | ||||||
| 8 | Controlled Substances Act, or "methamphetamine" as defined | ||||||
| 9 | under Section 10 of the Methamphetamine Control and Community | ||||||
| 10 | Protection Act.
| ||||||
| 11 | "School" means any public or private elementary or | ||||||
| 12 | secondary school.
| ||||||
| 13 | (b) Upon receipt of any written, electronic, or verbal | ||||||
| 14 | report from any
school
personnel regarding a verified incident | ||||||
| 15 | involving drugs in a school or on
school owned or
leased | ||||||
| 16 | property, including any conveyance owned, leased, or used by | ||||||
| 17 | the school
for the
transport of students or school personnel, | ||||||
| 18 | the superintendent or his or her
designee, or other appropriate | ||||||
| 19 | administrative officer for a private school,
shall
report all | ||||||
| 20 | such drug-related incidents occurring in a school or on school
| ||||||
| 21 | property to the
local law enforcement authorities immediately | ||||||
| 22 | and to the Illinois Department of State Police in a
form, | ||||||
| 23 | manner, and frequency as prescribed by the Illinois Department | ||||||
| 24 | of State Police.
| ||||||
| 25 | (c) The State Board of Education shall receive an annual | ||||||
| 26 | statistical
compilation
and related data associated with | ||||||
| |||||||
| |||||||
| 1 | drug-related incidents in schools from the
Illinois Department | ||||||
| 2 | of State Police. The State Board of Education shall compile | ||||||
| 3 | this information by
school
district and make it available to | ||||||
| 4 | the public.
| ||||||
| 5 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
| 6 | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
| ||||||
| 7 | Sec. 34-2.1. Local School Councils - Composition - | ||||||
| 8 | Voter-Eligibility
- Elections - Terms. | ||||||
| 9 | (a) A local school council shall be established for each | ||||||
| 10 | attendance
center within the school district. Each local school | ||||||
| 11 | council shall
consist of the following 12 voting members: the | ||||||
| 12 | principal of the
attendance center, 2 teachers employed and | ||||||
| 13 | assigned to perform the
majority of their employment duties at | ||||||
| 14 | the attendance center, 6 parents of
students currently enrolled | ||||||
| 15 | at the attendance center, one employee of the school district | ||||||
| 16 | employed and assigned to perform the majority of his or her | ||||||
| 17 | employment duties at the attendance center who is not a | ||||||
| 18 | teacher, and 2 community
residents. Neither the parents nor the | ||||||
| 19 | community residents who serve as
members of the local school | ||||||
| 20 | council shall be employees of the Board of
Education. In each | ||||||
| 21 | secondary attendance center, the local school council
shall | ||||||
| 22 | consist of 13 voting members -- the 12 voting members described | ||||||
| 23 | above
and one full-time student member, appointed as provided | ||||||
| 24 | in subsection
(m) below.
In the event that the chief executive | ||||||
| 25 | officer of the Chicago School Reform
Board of Trustees | ||||||
| |||||||
| |||||||
| 1 | determines that a local school council is not carrying out
its | ||||||
| 2 | financial duties effectively, the chief executive officer is | ||||||
| 3 | authorized to
appoint a representative of the business | ||||||
| 4 | community with experience in finance
and management
to serve as | ||||||
| 5 | an advisor to the local school council for
the purpose of | ||||||
| 6 | providing advice and assistance to the local school council on
| ||||||
| 7 | fiscal matters.
The advisor shall have access to relevant | ||||||
| 8 | financial records of the
local school council. The advisor may | ||||||
| 9 | attend executive sessions.
The chief executive officer shall
| ||||||
| 10 | issue a written policy defining the circumstances under which a | ||||||
| 11 | local school
council is not carrying out its financial duties | ||||||
| 12 | effectively.
| ||||||
| 13 | (b) Within 7 days of January 11, 1991, the Mayor shall | ||||||
| 14 | appoint the
members and officers (a Chairperson who shall be a | ||||||
| 15 | parent member and a
Secretary) of each local school council who | ||||||
| 16 | shall hold their offices until
their successors shall be | ||||||
| 17 | elected and qualified. Members so appointed shall
have all the | ||||||
| 18 | powers and duties of local school councils as set forth in
this | ||||||
| 19 | amendatory Act of 1991. The Mayor's appointments shall not | ||||||
| 20 | require
approval by the City Council.
| ||||||
| 21 | The membership of each local school council shall be | ||||||
| 22 | encouraged to be
reflective of the racial and ethnic | ||||||
| 23 | composition of the student population
of the attendance center | ||||||
| 24 | served by the local school council.
| ||||||
| 25 | (c) Beginning with the 1995-1996 school year and in every | ||||||
| 26 | even-numbered
year thereafter, the Board shall set second | ||||||
| |||||||
| |||||||
| 1 | semester Parent Report Card
Pick-up Day for Local School | ||||||
| 2 | Council elections and may schedule elections at
year-round | ||||||
| 3 | schools for the same dates as the remainder of the school | ||||||
| 4 | system.
Elections shall be
conducted as provided herein by the | ||||||
| 5 | Board of Education in consultation with
the local school | ||||||
| 6 | council at each attendance center.
| ||||||
| 7 | (d) Beginning with the 1995-96 school year, the following
| ||||||
| 8 | procedures shall apply to the election of local school council | ||||||
| 9 | members at each
attendance center:
| ||||||
| 10 | (i) The elected members of each local school council | ||||||
| 11 | shall consist of
the 6 parent members and the 2 community | ||||||
| 12 | resident members.
| ||||||
| 13 | (ii) Each elected member shall be elected by the | ||||||
| 14 | eligible voters of
that attendance center to serve for a | ||||||
| 15 | two-year term
commencing on July 1
immediately following | ||||||
| 16 | the election described in subsection
(c). Eligible
voters | ||||||
| 17 | for each attendance center shall consist of the parents and | ||||||
| 18 | community
residents for that attendance center.
| ||||||
| 19 | (iii) Each eligible voter shall be entitled
to cast one | ||||||
| 20 | vote for up to
a total of 5 candidates, irrespective of | ||||||
| 21 | whether such candidates are parent
or community resident | ||||||
| 22 | candidates.
| ||||||
| 23 | (iv) Each parent voter shall be entitled to vote in the | ||||||
| 24 | local
school
council election at each attendance center in | ||||||
| 25 | which he or she has a child
currently enrolled. Each | ||||||
| 26 | community resident voter shall be entitled to
vote in the | ||||||
| |||||||
| |||||||
| 1 | local school council election at each attendance center for
| ||||||
| 2 | which he or she resides in the applicable attendance area | ||||||
| 3 | or voting
district, as the case may be.
| ||||||
| 4 | (v) Each eligible voter shall be entitled to vote once, | ||||||
| 5 | but
not more
than once, in the local school council | ||||||
| 6 | election at each attendance center
at which the voter is | ||||||
| 7 | eligible to vote.
| ||||||
| 8 | (vi) The 2 teacher members and the non-teacher employee | ||||||
| 9 | member of each local school council
shall be
appointed as | ||||||
| 10 | provided in subsection (l) below each to serve for a
| ||||||
| 11 | two-year
term coinciding with that of the elected parent | ||||||
| 12 | and community resident
members.
| ||||||
| 13 | (vii) At secondary attendance centers, the voting | ||||||
| 14 | student
member shall
be appointed as provided in subsection | ||||||
| 15 | (m) below to serve
for a one-year term coinciding with the | ||||||
| 16 | beginning of the terms of the elected
parent and community | ||||||
| 17 | members of the local school council.
| ||||||
| 18 | (e) The Council shall publicize the date and place of the | ||||||
| 19 | election by
posting notices at the attendance center, in public | ||||||
| 20 | places within the
attendance boundaries of the attendance | ||||||
| 21 | center and by distributing notices
to the pupils at the | ||||||
| 22 | attendance center, and shall utilize such other means
as it | ||||||
| 23 | deems necessary to maximize the involvement of all eligible | ||||||
| 24 | voters.
| ||||||
| 25 | (f) Nomination. The Council shall publicize the opening of | ||||||
| 26 | nominations
by posting notices at the attendance center, in | ||||||
| |||||||
| |||||||
| 1 | public places within the
attendance boundaries of the | ||||||
| 2 | attendance center and by distributing notices
to the pupils at | ||||||
| 3 | the attendance center, and shall utilize such other means
as it | ||||||
| 4 | deems necessary to maximize the involvement of all eligible | ||||||
| 5 | voters.
Not less than 2 weeks before the election date, persons | ||||||
| 6 | eligible to run for
the Council shall submit their name,
date | ||||||
| 7 | of birth, social
security number, if
available,
and some | ||||||
| 8 | evidence of eligibility
to the Council. The Council shall | ||||||
| 9 | encourage nomination of candidates
reflecting the | ||||||
| 10 | racial/ethnic population of the students at the attendance
| ||||||
| 11 | center. Each person nominated who runs as a candidate shall | ||||||
| 12 | disclose, in a
manner determined by the Board, any economic | ||||||
| 13 | interest held by such person,
by such person's spouse or | ||||||
| 14 | children, or by each business entity in which
such person has | ||||||
| 15 | an ownership interest, in any contract with the Board, any
| ||||||
| 16 | local school council or any public school in the school
| ||||||
| 17 | district.
Each person
nominated who runs as a candidate shall | ||||||
| 18 | also disclose, in a manner determined
by the Board, if he or | ||||||
| 19 | she ever has been convicted of any of the offenses
specified in | ||||||
| 20 | subsection (c) of Section 34-18.5; provided that neither this
| ||||||
| 21 | provision nor any other provision of this Section shall be | ||||||
| 22 | deemed to require
the disclosure of any information that is | ||||||
| 23 | contained in any law enforcement
record or juvenile court | ||||||
| 24 | record that is confidential or whose accessibility or
| ||||||
| 25 | disclosure is restricted or prohibited under Section 5-901 or
| ||||||
| 26 | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such | ||||||
| |||||||
| |||||||
| 1 | disclosure shall render a person ineligible
for election or to | ||||||
| 2 | serve on the local school council. The same
disclosure shall be
| ||||||
| 3 | required of persons under consideration for appointment to the | ||||||
| 4 | Council
pursuant to subsections (l) and (m) of this Section.
| ||||||
| 5 | (f-5) Notwithstanding disclosure, a person who has been | ||||||
| 6 | convicted of any
of
the
following offenses at any time shall be | ||||||
| 7 | ineligible for election or appointment
to a local
school | ||||||
| 8 | council and ineligible for appointment to a local school | ||||||
| 9 | council
pursuant to
subsections (l) and (m) of this Section: | ||||||
| 10 | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
| 11 | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, | ||||||
| 12 | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, | ||||||
| 13 | 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of | ||||||
| 14 | Section 11-14.3, of the
Criminal Code of 1961 or the Criminal | ||||||
| 15 | Code of 2012, or (ii) any offense committed or attempted in any | ||||||
| 16 | other
state or
against the laws of the United States, which, if | ||||||
| 17 | committed or attempted in this
State,
would have been | ||||||
| 18 | punishable as one or more of the foregoing offenses.
| ||||||
| 19 | Notwithstanding
disclosure, a person who has been convicted of | ||||||
| 20 | any of the following offenses
within the
10 years previous to | ||||||
| 21 | the date of nomination or appointment shall be ineligible
for | ||||||
| 22 | election or
appointment to a local school council:
(i) those | ||||||
| 23 | defined in Section 401.1, 405.1, or 405.2 of the Illinois | ||||||
| 24 | Controlled
Substances Act or (ii) any
offense committed
or | ||||||
| 25 | attempted in any other state or against the laws of the United | ||||||
| 26 | States,
which, if
committed or attempted in this State, would | ||||||
| |||||||
| |||||||
| 1 | have been punishable as one or more
of the
foregoing offenses.
| ||||||
| 2 | Immediately upon election or appointment, incoming local | ||||||
| 3 | school
council members
shall be
required to undergo a criminal | ||||||
| 4 | background investigation, to be completed prior
to the member | ||||||
| 5 | taking office,
in order to identify
any criminal convictions | ||||||
| 6 | under the offenses enumerated in Section 34-18.5.
The | ||||||
| 7 | investigation shall be conducted by the Illinois Department of | ||||||
| 8 | State Police in the
same manner as provided for in Section | ||||||
| 9 | 34-18.5. However, notwithstanding
Section 34-18.5, the social | ||||||
| 10 | security number shall be provided only if
available.
If it is | ||||||
| 11 | determined at any time that a local school council member or
| ||||||
| 12 | member-elect has been convicted
of any of the offenses | ||||||
| 13 | enumerated in this Section or failed to disclose a
conviction | ||||||
| 14 | of any of the offenses enumerated in Section 34-18.5, the | ||||||
| 15 | general
superintendent shall notify the local school council | ||||||
| 16 | member or member-elect of
such
determination and the local | ||||||
| 17 | school council member or member-elect shall be
removed from the
| ||||||
| 18 | local school council by the Board, subject to a hearing,
| ||||||
| 19 | convened pursuant to Board rule, prior to removal.
| ||||||
| 20 | (g) At least one week before the election date, the Council | ||||||
| 21 | shall
publicize, in the manner provided in subsection (e), the | ||||||
| 22 | names of persons
nominated for election.
| ||||||
| 23 | (h) Voting shall be in person by secret ballot at the | ||||||
| 24 | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| ||||||
| 25 | (i) Candidates receiving the highest number of votes shall | ||||||
| 26 | be declared
elected by the Council. In cases of a tie, the | ||||||
| |||||||
| |||||||
| 1 | Council shall determine the
winner by lot.
| ||||||
| 2 | (j) The Council shall certify the results of the election | ||||||
| 3 | and shall
publish the results in the minutes of the Council.
| ||||||
| 4 | (k) The general superintendent shall resolve any
disputes
| ||||||
| 5 | concerning election procedure or results and shall ensure that, | ||||||
| 6 | except as
provided in subsections (e) and (g), no resources of | ||||||
| 7 | any attendance center
shall be used to endorse or promote any | ||||||
| 8 | candidate.
| ||||||
| 9 | (l) Beginning with the 1995-1996 school year
and in every
| ||||||
| 10 | even numbered
year thereafter, the Board shall appoint 2 | ||||||
| 11 | teacher
members to each
local school council. These | ||||||
| 12 | appointments shall be made in the following
manner:
| ||||||
| 13 | (i) The Board shall appoint 2 teachers who are
employed | ||||||
| 14 | and assigned to
perform the majority of
their employment | ||||||
| 15 | duties at the attendance center
to serve on the local | ||||||
| 16 | school council of the attendance center for a two-year
term | ||||||
| 17 | coinciding with the terms of the elected parent and
| ||||||
| 18 | community members of that local school council. These
| ||||||
| 19 | appointments shall be made from among those teachers who | ||||||
| 20 | are nominated in
accordance with subsection (f).
| ||||||
| 21 | (ii) A non-binding, advisory poll to ascertain the
| ||||||
| 22 | preferences of the
school staff regarding appointments of | ||||||
| 23 | teachers to the local school council
for that attendance | ||||||
| 24 | center shall be conducted in accordance with the
procedures | ||||||
| 25 | used to elect parent and community Council | ||||||
| 26 | representatives. At
such poll, each member of the school | ||||||
| |||||||
| |||||||
| 1 | staff shall be entitled to indicate
his or her preference | ||||||
| 2 | for up to 2 candidates from among those who submitted
| ||||||
| 3 | statements of candidacy as described above. These | ||||||
| 4 | preferences shall be
advisory only and the Board shall | ||||||
| 5 | maintain absolute discretion to appoint
teacher members to | ||||||
| 6 | local school councils, irrespective of the preferences
| ||||||
| 7 | expressed in any such poll.
| ||||||
| 8 | (iii) In the event that a teacher representative is | ||||||
| 9 | unable to perform
his or her employment duties at the | ||||||
| 10 | school due to illness, disability, leave of
absence, | ||||||
| 11 | disciplinary action, or any other reason, the Board shall | ||||||
| 12 | declare
a temporary vacancy and appoint a replacement | ||||||
| 13 | teacher representative to serve
on the local school council | ||||||
| 14 | until such time as the teacher member originally
appointed | ||||||
| 15 | pursuant to this subsection (l) resumes service at the | ||||||
| 16 | attendance
center or for the remainder of the term. The | ||||||
| 17 | replacement teacher
representative shall be appointed in | ||||||
| 18 | the same manner and by the same procedures
as teacher | ||||||
| 19 | representatives are appointed in subdivisions (i) and (ii) | ||||||
| 20 | of this
subsection (l).
| ||||||
| 21 | (m) Beginning with the 1995-1996 school year, and in every
| ||||||
| 22 | year thereafter, the Board shall appoint one student member to | ||||||
| 23 | each
secondary attendance center. These appointments shall be | ||||||
| 24 | made in the
following manner:
| ||||||
| 25 | (i) Appointments shall be made from among those | ||||||
| 26 | students who submit
statements of candidacy to the | ||||||
| |||||||
| |||||||
| 1 | principal of the attendance center, such
statements to be | ||||||
| 2 | submitted commencing on the first day of the twentieth
week | ||||||
| 3 | of school and
continuing for 2 weeks thereafter. The form | ||||||
| 4 | and manner of such candidacy
statements shall be determined | ||||||
| 5 | by the Board.
| ||||||
| 6 | (ii) During the twenty-second week of school in every | ||||||
| 7 | year,
the principal of
each attendance center shall conduct | ||||||
| 8 | a non-binding, advisory poll to
ascertain the preferences | ||||||
| 9 | of the school students regarding the appointment
of a | ||||||
| 10 | student to the local school council for that attendance | ||||||
| 11 | center. At
such poll, each student shall be entitled to | ||||||
| 12 | indicate his or her preference
for up to one candidate from | ||||||
| 13 | among those who submitted statements of
candidacy as | ||||||
| 14 | described above. The Board shall promulgate rules to ensure
| ||||||
| 15 | that these non-binding, advisory polls are conducted in a | ||||||
| 16 | fair and
equitable manner and maximize the involvement of | ||||||
| 17 | all school students. The
preferences expressed in these | ||||||
| 18 | non-binding, advisory polls shall be
transmitted by the | ||||||
| 19 | principal to the Board. However, these preferences
shall be | ||||||
| 20 | advisory only and the Board shall maintain absolute | ||||||
| 21 | discretion to
appoint student members to local school | ||||||
| 22 | councils, irrespective of the
preferences expressed in any | ||||||
| 23 | such poll.
| ||||||
| 24 | (iii) For the 1995-96 school year only, appointments | ||||||
| 25 | shall be made from
among those students who submitted | ||||||
| 26 | statements of candidacy to the principal
of the attendance | ||||||
| |||||||
| |||||||
| 1 | center during the first 2 weeks of the school year.
The
| ||||||
| 2 | principal shall communicate the results of any nonbinding, | ||||||
| 3 | advisory poll to the
Board. These results shall be advisory | ||||||
| 4 | only, and the Board shall maintain
absolute discretion to | ||||||
| 5 | appoint student members to local school councils,
| ||||||
| 6 | irrespective of the preferences expressed in any such poll.
| ||||||
| 7 | (n) The Board may promulgate such other rules and | ||||||
| 8 | regulations for
election procedures as may be deemed necessary | ||||||
| 9 | to ensure fair elections.
| ||||||
| 10 | (o) In the event that a vacancy occurs during a member's | ||||||
| 11 | term, the
Council shall appoint a person eligible to serve on | ||||||
| 12 | the Council, to fill
the unexpired term created by the vacancy, | ||||||
| 13 | except that any teacher vacancy
shall be filled by the Board | ||||||
| 14 | after considering the preferences of the school
staff as | ||||||
| 15 | ascertained through a non-binding advisory poll of school | ||||||
| 16 | staff.
| ||||||
| 17 | (p) If less than the specified number of persons is elected | ||||||
| 18 | within each
candidate category, the newly elected local school | ||||||
| 19 | council shall appoint
eligible persons to serve as members of | ||||||
| 20 | the Council for two-year terms.
| ||||||
| 21 | (q) The Board shall promulgate rules regarding conflicts of | ||||||
| 22 | interest
and disclosure of economic interests which shall apply | ||||||
| 23 | to local school
council members and which shall require reports | ||||||
| 24 | or statements to be filed
by Council members at regular | ||||||
| 25 | intervals with the Secretary of the
Board. Failure to comply | ||||||
| 26 | with such rules
or intentionally falsifying such reports shall | ||||||
| |||||||
| |||||||
| 1 | be grounds for
disqualification from local school council | ||||||
| 2 | membership. A vacancy on the
Council for disqualification may | ||||||
| 3 | be so declared by the Secretary of the
Board. Rules regarding | ||||||
| 4 | conflicts of interest and disclosure of
economic interests | ||||||
| 5 | promulgated by the Board shall apply to local school council
| ||||||
| 6 | members. No less than 45 days prior to the deadline, the | ||||||
| 7 | general
superintendent shall provide notice, by mail, to each | ||||||
| 8 | local school council
member of all requirements and forms for | ||||||
| 9 | compliance with economic interest
statements.
| ||||||
| 10 | (r) (1) If a parent member of a local school council ceases | ||||||
| 11 | to have any
child
enrolled in the attendance center governed by | ||||||
| 12 | the Local School Council due to
the graduation or voluntary | ||||||
| 13 | transfer of a child or children from the attendance
center, the | ||||||
| 14 | parent's membership on the Local School Council and all voting
| ||||||
| 15 | rights are terminated immediately as of the date of the child's | ||||||
| 16 | graduation or
voluntary transfer. If the child of a parent | ||||||
| 17 | member of a local school council dies during the member's term | ||||||
| 18 | in office, the member may continue to serve on the local school | ||||||
| 19 | council for the balance of his or her term. Further,
a local | ||||||
| 20 | school council member may be removed from the Council by a
| ||||||
| 21 | majority vote of the Council as provided in subsection (c) of | ||||||
| 22 | Section
34-2.2 if the Council member has missed 3 consecutive | ||||||
| 23 | regular meetings, not
including committee meetings, or 5 | ||||||
| 24 | regular meetings in a 12 month period,
not including committee | ||||||
| 25 | meetings.
If a parent member of a local school council ceases | ||||||
| 26 | to be eligible to serve
on the Council for any other reason, he | ||||||
| |||||||
| |||||||
| 1 | or she shall be removed by the Board
subject
to a hearing, | ||||||
| 2 | convened pursuant to Board rule, prior to removal.
A vote to | ||||||
| 3 | remove a Council member by the local school council shall
only | ||||||
| 4 | be valid if the Council member has been notified personally or | ||||||
| 5 | by
certified mail, mailed to the person's last known address, | ||||||
| 6 | of the Council's
intent to vote on the Council member's removal | ||||||
| 7 | at least 7 days prior to the
vote. The Council member in | ||||||
| 8 | question shall have the right to explain
his or her actions and | ||||||
| 9 | shall be eligible to vote on the
question of his or her removal | ||||||
| 10 | from the Council. The provisions of this
subsection shall be | ||||||
| 11 | contained within the petitions used to nominate Council
| ||||||
| 12 | candidates.
| ||||||
| 13 | (2) A person may continue to serve as a community resident | ||||||
| 14 | member of a
local
school council as long as he or she resides | ||||||
| 15 | in the attendance area served by
the
school and is not employed | ||||||
| 16 | by the Board nor is a parent of a student enrolled
at the | ||||||
| 17 | school. If a community resident member ceases to be eligible to | ||||||
| 18 | serve
on the Council, he or she shall be removed by the Board | ||||||
| 19 | subject to a hearing,
convened pursuant to Board rule, prior to | ||||||
| 20 | removal.
| ||||||
| 21 | (3) A person may continue to serve as a teacher member of a | ||||||
| 22 | local school
council as long as he or she is employed and | ||||||
| 23 | assigned to perform a majority of
his or her duties at the | ||||||
| 24 | school, provided that if the teacher representative
resigns | ||||||
| 25 | from employment with the Board or
voluntarily transfers to | ||||||
| 26 | another school, the teacher's membership on the local
school | ||||||
| |||||||
| |||||||
| 1 | council and all voting rights are terminated immediately as of | ||||||
| 2 | the date
of the teacher's resignation or upon the date of the | ||||||
| 3 | teacher's voluntary
transfer to another school. If a teacher | ||||||
| 4 | member of a local school council
ceases to be eligible to serve | ||||||
| 5 | on a local school council for any other reason,
that member | ||||||
| 6 | shall be removed by the Board subject to a hearing, convened
| ||||||
| 7 | pursuant to Board rule, prior to removal. | ||||||
| 8 | (s) As used in this Section only, "community resident" | ||||||
| 9 | means a person, 17 years of age or older, residing within an | ||||||
| 10 | attendance area served by a school, excluding any person who is | ||||||
| 11 | a parent of a student enrolled in that school; provided that | ||||||
| 12 | with respect to any multi-area school, community resident means | ||||||
| 13 | any person, 17 years of age or older, residing within the | ||||||
| 14 | voting district established for that school pursuant to Section | ||||||
| 15 | 34-2.1c, excluding any person who is a parent of a student | ||||||
| 16 | enrolled in that school. This definition does not apply to any | ||||||
| 17 | provisions concerning school boards.
| ||||||
| 18 | (Source: P.A. 99-597, eff. 1-1-17.)
| ||||||
| 19 | (105 ILCS 5/34-8.05)
| ||||||
| 20 | Sec. 34-8.05. Reporting firearms in schools. On or after | ||||||
| 21 | January 1,
1997,
upon receipt of any written,
electronic, or | ||||||
| 22 | verbal report from any school personnel regarding a verified
| ||||||
| 23 | incident involving a firearm in a school or on school owned or | ||||||
| 24 | leased property,
including any conveyance owned,
leased, or | ||||||
| 25 | used by the school for the transport of students or school
| ||||||
| |||||||
| |||||||
| 1 | personnel, the general superintendent or his or her designee | ||||||
| 2 | shall report all
such
firearm-related incidents occurring in a | ||||||
| 3 | school or on school property to the
local law enforcement | ||||||
| 4 | authorities no later than 24 hours after the occurrence
of the | ||||||
| 5 | incident and to the Illinois Department of State Police in a | ||||||
| 6 | form, manner, and
frequency as prescribed by the Illinois | ||||||
| 7 | Department of State Police.
| ||||||
| 8 | The State Board of Education shall receive an annual | ||||||
| 9 | statistical compilation
and related data associated with | ||||||
| 10 | incidents involving firearms in schools from
the Illinois | ||||||
| 11 | Department of State Police. As used in this Section, the term | ||||||
| 12 | "firearm"
shall have the meaning ascribed to it in Section 1.1 | ||||||
| 13 | of the Firearm Owners
Identification Card Act.
| ||||||
| 14 | (Source: P.A. 89-498, eff. 6-27-96.)
| ||||||
| 15 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||||||
| 16 | Sec. 34-18.5. Criminal history records checks and checks of | ||||||
| 17 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
| 18 | Violent Offender Against Youth Database. | ||||||
| 19 | (a) Licensed and nonlicensed applicants for
employment | ||||||
| 20 | with the school district are required as a condition of
| ||||||
| 21 | employment to authorize a fingerprint-based criminal history | ||||||
| 22 | records check to determine if such applicants
have been | ||||||
| 23 | convicted of any disqualifying, enumerated criminal or drug | ||||||
| 24 | offense offenses in
subsection (c) of this Section or have been
| ||||||
| 25 | convicted, within 7 years of the application for employment | ||||||
| |||||||
| |||||||
| 1 | with the
school district, of any other felony under the laws of | ||||||
| 2 | this State or of any
offense committed or attempted in any | ||||||
| 3 | other state or against the laws of
the United States that, if | ||||||
| 4 | committed or attempted in this State, would
have been | ||||||
| 5 | punishable as a felony under the laws of this State. | ||||||
| 6 | Authorization
for
the
check shall
be furnished by the applicant | ||||||
| 7 | to the school district, except that if the
applicant is a | ||||||
| 8 | substitute teacher seeking employment in more than one
school | ||||||
| 9 | district, or a teacher seeking concurrent part-time employment
| ||||||
| 10 | positions with more than one school district (as a reading | ||||||
| 11 | specialist,
special education teacher or otherwise), or an | ||||||
| 12 | educational support
personnel employee seeking employment | ||||||
| 13 | positions with more than one
district, any such district may | ||||||
| 14 | require the applicant to furnish
authorization for
the check to | ||||||
| 15 | the regional superintendent of the
educational service region | ||||||
| 16 | in which are located the school districts in
which the | ||||||
| 17 | applicant is seeking employment as a substitute or concurrent
| ||||||
| 18 | part-time teacher or concurrent educational support personnel | ||||||
| 19 | employee.
Upon receipt of this authorization, the school | ||||||
| 20 | district or the appropriate
regional superintendent, as the | ||||||
| 21 | case may be, shall submit the applicant's
name, sex, race, date | ||||||
| 22 | of birth, social security number, fingerprint images, and other | ||||||
| 23 | identifiers, as prescribed by the Illinois Department
of State | ||||||
| 24 | Police, to the Illinois Department. The regional
| ||||||
| 25 | superintendent submitting the requisite information to the | ||||||
| 26 | Illinois Department of
State Police shall promptly notify the | ||||||
| |||||||
| |||||||
| 1 | school districts in which the
applicant is seeking employment | ||||||
| 2 | as a substitute or concurrent part-time
teacher or concurrent | ||||||
| 3 | educational support personnel employee that
the
check of the | ||||||
| 4 | applicant has been requested. The Illinois Department of State
| ||||||
| 5 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
| 6 | pursuant to a fingerprint-based criminal history records | ||||||
| 7 | check, records of convictions, forever and hereinafter, until | ||||||
| 8 | expunged, to the president of the school board for the school | ||||||
| 9 | district that requested the check, or to the regional | ||||||
| 10 | superintendent who requested the check. The
Department shall | ||||||
| 11 | charge
the school district
or the appropriate regional | ||||||
| 12 | superintendent a fee for
conducting
such check, which fee shall | ||||||
| 13 | be deposited in the State
Police Services Fund and shall not | ||||||
| 14 | exceed the cost of the inquiry; and the
applicant shall not be | ||||||
| 15 | charged a fee for
such check by the school
district or by the | ||||||
| 16 | regional superintendent. Subject to appropriations for these | ||||||
| 17 | purposes, the State Superintendent of Education shall | ||||||
| 18 | reimburse the school district and regional superintendent for | ||||||
| 19 | fees paid to obtain criminal history records checks under this | ||||||
| 20 | Section. | ||||||
| 21 | (a-5) The school district or regional superintendent shall | ||||||
| 22 | further perform a check of the Statewide Sex Offender Database, | ||||||
| 23 | as authorized by the Sex Offender Community Notification Law, | ||||||
| 24 | for each applicant. The check of the Statewide Sex Offender | ||||||
| 25 | Database must be conducted by the school district or regional | ||||||
| 26 | superintendent once for every 5 years that an applicant remains | ||||||
| |||||||
| |||||||
| 1 | employed by the school district. | ||||||
| 2 | (a-6) The school district or regional superintendent shall | ||||||
| 3 | further perform a check of the Statewide Murderer and Violent | ||||||
| 4 | Offender Against Youth Database, as authorized by the Murderer | ||||||
| 5 | and Violent Offender Against Youth Community Notification Law, | ||||||
| 6 | for each applicant. The check of the Murderer and Violent | ||||||
| 7 | Offender Against Youth Database must be conducted by the school | ||||||
| 8 | district or regional superintendent once for every 5 years that | ||||||
| 9 | an applicant remains employed by the school district. | ||||||
| 10 | (b) Any
information concerning the record of convictions | ||||||
| 11 | obtained by the president
of the board of education or the | ||||||
| 12 | regional superintendent shall be
confidential and may only be | ||||||
| 13 | transmitted to the general superintendent of
the school | ||||||
| 14 | district or his designee, the appropriate regional
| ||||||
| 15 | superintendent if
the check was requested by the board of | ||||||
| 16 | education
for the school district, the presidents of the | ||||||
| 17 | appropriate board of
education or school boards if
the check | ||||||
| 18 | was requested from the Illinois
Department of State Police by | ||||||
| 19 | the regional superintendent, the State Board of Education and | ||||||
| 20 | the school district as authorized under subsection (b-5), the | ||||||
| 21 | State
Superintendent of Education, the State Educator | ||||||
| 22 | Preparation and Licensure Board or any
other person necessary | ||||||
| 23 | to the decision of hiring the applicant for
employment. A copy | ||||||
| 24 | of the record of convictions obtained from the Illinois
| ||||||
| 25 | Department of State Police shall be provided to the applicant | ||||||
| 26 | for
employment. Upon the check of the Statewide Sex Offender | ||||||
| |||||||
| |||||||
| 1 | Database or Statewide Murderer and Violent Offender Against | ||||||
| 2 | Youth Database, the school district or regional superintendent | ||||||
| 3 | shall notify an applicant as to whether or not the applicant | ||||||
| 4 | has been identified in the Database. If a check of an applicant | ||||||
| 5 | for employment as a
substitute or concurrent part-time teacher | ||||||
| 6 | or concurrent educational
support personnel employee in more | ||||||
| 7 | than one school district was requested
by the regional | ||||||
| 8 | superintendent, and the Illinois Department of State Police | ||||||
| 9 | upon
a check ascertains that the applicant has not been | ||||||
| 10 | convicted of any
of the enumerated criminal or drug offenses in | ||||||
| 11 | subsection (c) of this Section
or has not been
convicted,
| ||||||
| 12 | within 7 years of the application for employment with the
| ||||||
| 13 | school district, of any other felony under the laws of this | ||||||
| 14 | State or of any
offense committed or attempted in any other | ||||||
| 15 | state or against the laws of
the United States that, if | ||||||
| 16 | committed or attempted in this State, would
have been | ||||||
| 17 | punishable as a felony under the laws of this State and so
| ||||||
| 18 | notifies the regional superintendent and if the regional | ||||||
| 19 | superintendent upon a check ascertains that the applicant has | ||||||
| 20 | not been identified in the Sex Offender Database or Statewide | ||||||
| 21 | Murderer and Violent Offender Against Youth Database, then the | ||||||
| 22 | regional superintendent
shall issue to the applicant a | ||||||
| 23 | certificate evidencing that as of the date
specified by the | ||||||
| 24 | Illinois Department of State Police the applicant has not been
| ||||||
| 25 | convicted of any of the enumerated criminal or drug offenses in | ||||||
| 26 | subsection
(c) of this Section
or has not been
convicted, | ||||||
| |||||||
| |||||||
| 1 | within 7 years of the application for employment with the
| ||||||
| 2 | school district, of any other felony under the laws of this | ||||||
| 3 | State or of any
offense committed or attempted in any other | ||||||
| 4 | state or against the laws of
the United States that, if | ||||||
| 5 | committed or attempted in this State, would
have been | ||||||
| 6 | punishable as a felony under the laws of this State and | ||||||
| 7 | evidencing that as of the date that the regional superintendent | ||||||
| 8 | conducted a check of the Statewide Sex Offender Database or | ||||||
| 9 | Statewide Murderer and Violent Offender Against Youth | ||||||
| 10 | Database, the applicant has not been identified in the | ||||||
| 11 | Database. The school
board of any school district may rely on | ||||||
| 12 | the certificate issued by any regional
superintendent to that | ||||||
| 13 | substitute teacher, concurrent part-time teacher, or | ||||||
| 14 | concurrent educational support personnel employee
or may | ||||||
| 15 | initiate its own criminal history records check of
the | ||||||
| 16 | applicant through the Illinois Department of State Police and | ||||||
| 17 | its own check of the Statewide Sex Offender Database or | ||||||
| 18 | Statewide Murderer and Violent Offender Against Youth Database | ||||||
| 19 | as provided in
this Section. Any unauthorized release of | ||||||
| 20 | confidential information may be a violation of Section 7 of the | ||||||
| 21 | Criminal Identification Act. | ||||||
| 22 | (b-5) If a criminal history records check or check of the | ||||||
| 23 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
| 24 | Violent Offender Against Youth Database is performed by a | ||||||
| 25 | regional superintendent for an applicant seeking employment as | ||||||
| 26 | a substitute teacher with the school district, the regional | ||||||
| |||||||
| |||||||
| 1 | superintendent may disclose to the State Board of Education | ||||||
| 2 | whether the applicant has been issued a certificate under | ||||||
| 3 | subsection (b) based on those checks. If the State Board | ||||||
| 4 | receives information on an applicant under this subsection, | ||||||
| 5 | then it must indicate in the Educator Licensure Information | ||||||
| 6 | System for a 90-day period that the applicant has been issued | ||||||
| 7 | or has not been issued a certificate. | ||||||
| 8 | (c) The board of education shall not knowingly employ a | ||||||
| 9 | person who has
been convicted of any offense that would subject | ||||||
| 10 | him or her to license suspension or revocation pursuant to | ||||||
| 11 | Section 21B-80 of this Code, except as provided under | ||||||
| 12 | subsection (b) of 21B-80.
Further, the board of education shall | ||||||
| 13 | not knowingly employ a person who has
been found to be the | ||||||
| 14 | perpetrator of sexual or physical abuse of any minor under
18 | ||||||
| 15 | years of age pursuant to proceedings under Article II of the | ||||||
| 16 | Juvenile Court
Act of 1987. As a condition of employment, the | ||||||
| 17 | board of education must consider the status of a person who has | ||||||
| 18 | been issued an indicated finding of abuse or neglect of a child | ||||||
| 19 | by the Department of Children and Family Services under the | ||||||
| 20 | Abused and Neglected Child Reporting Act or by a child welfare | ||||||
| 21 | agency of another jurisdiction. | ||||||
| 22 | (d) The board of education shall not knowingly employ a | ||||||
| 23 | person for whom
a criminal history records check and a | ||||||
| 24 | Statewide Sex Offender Database check have has not been | ||||||
| 25 | initiated. | ||||||
| 26 | (e) No later than 15 business days after receipt of a | ||||||
| |||||||
| |||||||
| 1 | record of conviction or of checking the Statewide Murderer and | ||||||
| 2 | Violent Offender Against Youth Database or the Statewide Sex | ||||||
| 3 | Offender Database and finding a registration, the general | ||||||
| 4 | superintendent of schools or the applicable regional | ||||||
| 5 | superintendent shall, in writing, notify the State | ||||||
| 6 | Superintendent of Education of any license holder who has been | ||||||
| 7 | convicted of a crime set forth in Section 21B-80 of this Code. | ||||||
| 8 | Upon receipt of the record of a conviction of or a finding of | ||||||
| 9 | child
abuse by a holder of any license
issued pursuant to | ||||||
| 10 | Article 21B or Section 34-8.1 or 34-83 of this the
School Code, | ||||||
| 11 | the State Superintendent of
Education may initiate licensure | ||||||
| 12 | suspension and revocation
proceedings as authorized by law. If | ||||||
| 13 | the receipt of the record of conviction or finding of child | ||||||
| 14 | abuse is received within 6 months after the initial grant of or | ||||||
| 15 | renewal of a license, the State Superintendent of Education may | ||||||
| 16 | rescind the license holder's license. | ||||||
| 17 | (e-5) The general superintendent of schools shall, in | ||||||
| 18 | writing, notify the State Superintendent of Education of any | ||||||
| 19 | license holder whom he or she has reasonable cause to believe | ||||||
| 20 | has committed an intentional act of abuse or neglect with the | ||||||
| 21 | result of making a child an abused child or a neglected child, | ||||||
| 22 | as defined in Section 3 of the Abused and Neglected Child | ||||||
| 23 | Reporting Act, and that act resulted in the license holder's | ||||||
| 24 | dismissal or resignation from the school district. This | ||||||
| 25 | notification must be submitted within 30 days after the | ||||||
| 26 | dismissal or resignation. The license holder must also be | ||||||
| |||||||
| |||||||
| 1 | contemporaneously sent a copy of the notice by the | ||||||
| 2 | superintendent. All correspondence, documentation, and other | ||||||
| 3 | information so received by the State Superintendent of | ||||||
| 4 | Education, the State Board of Education, or the State Educator | ||||||
| 5 | Preparation and Licensure Board under this subsection (e-5) is | ||||||
| 6 | confidential and must not be disclosed to third parties, except | ||||||
| 7 | (i) as necessary for the State Superintendent of Education or | ||||||
| 8 | his or her designee to investigate and prosecute pursuant to | ||||||
| 9 | Article 21B of this Code, (ii) pursuant to a court order, (iii) | ||||||
| 10 | for disclosure to the license holder or his or her | ||||||
| 11 | representative, or (iv) as otherwise provided in this Article | ||||||
| 12 | and provided that any such information admitted into evidence | ||||||
| 13 | in a hearing is exempt from this confidentiality and | ||||||
| 14 | non-disclosure requirement. Except for an act of willful or | ||||||
| 15 | wanton misconduct, any superintendent who provides | ||||||
| 16 | notification as required in this subsection (e-5) shall have | ||||||
| 17 | immunity from any liability, whether civil or criminal or that | ||||||
| 18 | otherwise might result by reason of such action. | ||||||
| 19 | (f) After March 19, 1990, the provisions of this Section | ||||||
| 20 | shall apply to
all employees of persons or firms holding | ||||||
| 21 | contracts with any school district
including, but not limited | ||||||
| 22 | to, food service workers, school bus drivers and
other | ||||||
| 23 | transportation employees, who have direct, daily contact with | ||||||
| 24 | the
pupils of any school in such district. For purposes of | ||||||
| 25 | criminal history records checks and checks of the Statewide Sex | ||||||
| 26 | Offender Database on employees of persons or firms holding | ||||||
| |||||||
| |||||||
| 1 | contracts with more
than one school district and assigned to | ||||||
| 2 | more than one school district, the
regional superintendent of | ||||||
| 3 | the educational service region in which the
contracting school | ||||||
| 4 | districts are located may, at the request of any such
school | ||||||
| 5 | district, be responsible for receiving the authorization for
a | ||||||
| 6 | criminal history records check prepared by each such employee | ||||||
| 7 | and submitting the same to the Illinois
Department of State | ||||||
| 8 | Police and for conducting a check of the Statewide Sex Offender | ||||||
| 9 | Database for each employee. Any information concerning the | ||||||
| 10 | record of
conviction and identification as a sex offender of | ||||||
| 11 | any such employee obtained by the regional superintendent
shall | ||||||
| 12 | be promptly reported to the president of the appropriate school | ||||||
| 13 | board
or school boards. | ||||||
| 14 | (f-5) Upon request of a school or school district, any | ||||||
| 15 | information obtained by the school district pursuant to | ||||||
| 16 | subsection (f) of this Section within the last year must be | ||||||
| 17 | made available to the requesting school or school district. | ||||||
| 18 | (g) Prior to the commencement of any student teaching | ||||||
| 19 | experience or required internship (which is referred to as | ||||||
| 20 | student teaching in this Section) in the public schools, a | ||||||
| 21 | student teacher is required to authorize a fingerprint-based | ||||||
| 22 | criminal history records check. Authorization for and payment | ||||||
| 23 | of the costs of the check must be furnished by the student | ||||||
| 24 | teacher to the school district. Upon receipt of this | ||||||
| 25 | authorization and payment, the school district shall submit the | ||||||
| 26 | student teacher's name, sex, race, date of birth, social | ||||||
| |||||||
| |||||||
| 1 | security number, fingerprint images, and other identifiers, as | ||||||
| 2 | prescribed by the Illinois Department of State Police, to the | ||||||
| 3 | Illinois Department of State Police. The Illinois Department of | ||||||
| 4 | State Police and the Federal Bureau of Investigation shall | ||||||
| 5 | furnish, pursuant to a fingerprint-based criminal history | ||||||
| 6 | records check, records of convictions, forever and | ||||||
| 7 | hereinafter, until expunged, to the president of the board. The | ||||||
| 8 | Department shall charge the school district a fee for | ||||||
| 9 | conducting the check, which fee must not exceed the cost of the | ||||||
| 10 | inquiry and must be deposited into the State Police Services | ||||||
| 11 | Fund. The school district shall further perform a check of the | ||||||
| 12 | Statewide Sex Offender Database, as authorized by the Sex | ||||||
| 13 | Offender Community Notification Law, and of the Statewide | ||||||
| 14 | Murderer and Violent Offender Against Youth Database, as | ||||||
| 15 | authorized by the Murderer and Violent Offender Against Youth | ||||||
| 16 | Registration Act, for each student teacher. The board may not | ||||||
| 17 | knowingly allow a person to student teach for whom a criminal | ||||||
| 18 | history records check, a Statewide Sex Offender Database check, | ||||||
| 19 | and a Statewide Murderer and Violent Offender Against Youth | ||||||
| 20 | Database check have not been completed and reviewed by the | ||||||
| 21 | district. | ||||||
| 22 | A copy of the record of convictions obtained from the | ||||||
| 23 | Illinois Department of State Police must be provided to the | ||||||
| 24 | student teacher. Any information concerning the record of | ||||||
| 25 | convictions obtained by the president of the board is | ||||||
| 26 | confidential and may only be transmitted to the general | ||||||
| |||||||
| |||||||
| 1 | superintendent of schools or his or her designee, the State | ||||||
| 2 | Superintendent of Education, the State Educator Preparation | ||||||
| 3 | and Licensure Board, or, for clarification purposes, the | ||||||
| 4 | Illinois Department of State Police or the Statewide Sex | ||||||
| 5 | Offender Database or Statewide Murderer and Violent Offender | ||||||
| 6 | Against Youth Database. Any unauthorized release of | ||||||
| 7 | confidential information may be a violation of Section 7 of the | ||||||
| 8 | Criminal Identification Act. | ||||||
| 9 | The board may not knowingly allow a person to student teach | ||||||
| 10 | who has been convicted of any offense that would subject him or | ||||||
| 11 | her to license suspension or revocation pursuant to subsection | ||||||
| 12 | (c) of Section 21B-80 of this Code, except as provided under | ||||||
| 13 | subsection (b) of Section 21B-80. Further, the board may not | ||||||
| 14 | allow a person to student teach if he or she has been found to | ||||||
| 15 | be the perpetrator of sexual or physical abuse of a minor under | ||||||
| 16 | 18 years of age pursuant to proceedings under Article II of the | ||||||
| 17 | Juvenile Court Act of 1987. The board must consider the status | ||||||
| 18 | of a person to student teach who has been issued an indicated | ||||||
| 19 | finding of abuse or neglect of a child by the Department of | ||||||
| 20 | Children and Family Services under the Abused and Neglected | ||||||
| 21 | Child Reporting Act or by a child welfare agency of another | ||||||
| 22 | jurisdiction. | ||||||
| 23 | (h) (Blank). | ||||||
| 24 | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
| 25 | revised 9-19-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 515. The Medical School Matriculant Criminal | ||||||
| 2 | History Records Check Act is amended by changing Sections 10, | ||||||
| 3 | 15, and 25 as follows:
| ||||||
| 4 | (110 ILCS 57/10)
| ||||||
| 5 | Sec. 10. Criminal history records check for matriculants.
| ||||||
| 6 | (a) A public medical school located in Illinois
must | ||||||
| 7 | conduct an inquiry into the Illinois Department of State | ||||||
| 8 | Police's Statewide Sex Offender Database for each matriculant | ||||||
| 9 | and must
require that each matriculant submit to a | ||||||
| 10 | fingerprint-based criminal history records check for violent | ||||||
| 11 | felony convictions,
conducted by the Illinois Department of | ||||||
| 12 | State Police and the Federal Bureau of Investigation, as part | ||||||
| 13 | of the medical school admissions process. The medical school | ||||||
| 14 | shall forward the name, sex, race, date of birth, social | ||||||
| 15 | security number, and fingerprints of each of its matriculants | ||||||
| 16 | to the Illinois Department of State Police to be searched | ||||||
| 17 | against the fingerprint records
now and hereafter filed in the | ||||||
| 18 | Illinois Department of State Police and
Federal Bureau of | ||||||
| 19 | Investigation criminal history records
databases. The | ||||||
| 20 | fingerprints of each matriculant must be submitted in the form | ||||||
| 21 | and manner prescribed by the Illinois Department of State | ||||||
| 22 | Police. The Illinois Department of State Police shall furnish,
| ||||||
| 23 | pursuant to positive identification, records of a | ||||||
| 24 | matriculant's
violent felony convictions to the medical school | ||||||
| 25 | that
requested the criminal history records check. Compliance | ||||||
| |||||||
| |||||||
| 1 | with the criminal history record checks required by this | ||||||
| 2 | subsection (a) may also be accomplished through the use of a | ||||||
| 3 | private entity that checks criminal history records for violent | ||||||
| 4 | felony convictions.
| ||||||
| 5 | (b) A private medical school located in Illinois
must | ||||||
| 6 | conduct an inquiry into the Illinois Department of State | ||||||
| 7 | Police's Statewide Sex Offender Database for each matriculant | ||||||
| 8 | and must require that each matriculant submit to an Illinois | ||||||
| 9 | Uniform Conviction Information Act fingerprint-based, criminal | ||||||
| 10 | history records check for violent felony convictions, | ||||||
| 11 | conducted by the Illinois Department of State Police, as part | ||||||
| 12 | of the medical school admissions process. The medical school | ||||||
| 13 | shall forward the name, sex, race, date of birth, social | ||||||
| 14 | security number, and fingerprints of each of its matriculants | ||||||
| 15 | to the Illinois Department of State Police to be searched | ||||||
| 16 | against the fingerprint records
now and hereafter filed in the | ||||||
| 17 | Illinois Department of State Police criminal history records
| ||||||
| 18 | database. The fingerprints of each matriculant must be | ||||||
| 19 | submitted in the form and manner prescribed by the Illinois | ||||||
| 20 | Department of State Police. The Illinois Department of State | ||||||
| 21 | Police shall furnish,
pursuant to positive identification, | ||||||
| 22 | records of a matriculant's
violent felony convictions to the | ||||||
| 23 | medical school that
requested the criminal history records | ||||||
| 24 | check.
Compliance with the criminal history record checks | ||||||
| 25 | required by this subsection (b) may also be accomplished | ||||||
| 26 | through the use of a private entity that checks criminal | ||||||
| |||||||
| |||||||
| 1 | history records for violent felony convictions. | ||||||
| 2 | (Source: P.A. 96-1044, eff. 7-14-10.)
| ||||||
| 3 | (110 ILCS 57/15)
| ||||||
| 4 | Sec. 15. Fees. The Illinois Department of State Police | ||||||
| 5 | shall charge each requesting medical school a fee for | ||||||
| 6 | conducting the criminal history records check under Section 10 | ||||||
| 7 | of this Act, which shall be deposited in the State Police | ||||||
| 8 | Services Fund and shall not exceed the cost of the inquiry. | ||||||
| 9 | Each requesting medical school is solely responsible for | ||||||
| 10 | payment of this fee to the Illinois Department of State Police. | ||||||
| 11 | Each requesting medical school is solely responsible for | ||||||
| 12 | payment of any fees associated with the use of a private entity | ||||||
| 13 | that checks criminal history records for violent felony | ||||||
| 14 | convictions. Each medical school may impose its own fee upon a | ||||||
| 15 | matriculant to cover the cost of the criminal history records | ||||||
| 16 | check at the time the matriculant submits to the criminal | ||||||
| 17 | history records check.
| ||||||
| 18 | (Source: P.A. 96-1044, eff. 7-14-10.)
| ||||||
| 19 | (110 ILCS 57/25)
| ||||||
| 20 | Sec. 25. Civil immunity. Except for willful wilful or | ||||||
| 21 | wanton misconduct, no medical school acting under the | ||||||
| 22 | provisions of this Act shall be civilly liable to any | ||||||
| 23 | matriculant for reporting any required information to the | ||||||
| 24 | Illinois Department of State Police or for any decision made | ||||||
| |||||||
| |||||||
| 1 | pursuant to Section 20 of this Act.
| ||||||
| 2 | (Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)
| ||||||
| 3 | Section 525. The Transmitters of Money Act is amended by | ||||||
| 4 | changing Section 25 as follows:
| ||||||
| 5 | (205 ILCS 657/25)
| ||||||
| 6 | Sec. 25. Application for license.
| ||||||
| 7 | (a) An application for a license must
be
in writing, under | ||||||
| 8 | oath, and in the form the Director prescribes. The
application | ||||||
| 9 | must contain or be accompanied by all of the following:
| ||||||
| 10 | (1) The name of the applicant and the address of the | ||||||
| 11 | principal place of
business of the applicant and the | ||||||
| 12 | address of all locations and proposed
locations of the | ||||||
| 13 | applicant in
this State.
| ||||||
| 14 | (2) The form of business organization of the applicant, | ||||||
| 15 | including:
| ||||||
| 16 | (A) a copy of its articles of incorporation and | ||||||
| 17 | amendments thereto and a
copy of its bylaws, certified | ||||||
| 18 | by its
secretary, if the applicant is a corporation;
| ||||||
| 19 | (B) a copy of its partnership agreement, certified | ||||||
| 20 | by a partner, if the
applicant is a partnership; or
| ||||||
| 21 | (C) a copy of the documents that control its | ||||||
| 22 | organizational structure,
certified by a managing | ||||||
| 23 | official, if the applicant is organized in some other
| ||||||
| 24 | form.
| ||||||
| |||||||
| |||||||
| 1 | (3) The name, business and home address, and a | ||||||
| 2 | chronological summary of
the business experience, material | ||||||
| 3 | litigation history, and felony convictions
over the | ||||||
| 4 | preceding 10 years of:
| ||||||
| 5 | (A) the proprietor, if the applicant is an | ||||||
| 6 | individual;
| ||||||
| 7 | (B) every partner, if the applicant is a | ||||||
| 8 | partnership;
| ||||||
| 9 | (C) each officer, director, and controlling | ||||||
| 10 | person, if the
applicant is a corporation; and
| ||||||
| 11 | (D) each person in a position to exercise control | ||||||
| 12 | over, or direction of,
the business of the applicant, | ||||||
| 13 | regardless of the form of organization of the
| ||||||
| 14 | applicant.
| ||||||
| 15 | (4) Financial statements, not more than one year old, | ||||||
| 16 | prepared in
accordance with generally accepted
accounting | ||||||
| 17 | principles and audited by a licensed public accountant or | ||||||
| 18 | certified
public accountant showing the financial | ||||||
| 19 | condition
of the applicant and an unaudited balance sheet | ||||||
| 20 | and statement of operation as
of the most recent quarterly | ||||||
| 21 | report before the date of the application,
certified by the | ||||||
| 22 | applicant or an officer or partner thereof. If the
| ||||||
| 23 | applicant is a wholly owned subsidiary or is eligible to | ||||||
| 24 | file consolidated
federal income tax returns with its | ||||||
| 25 | parent, however, unaudited financial
statements for
the | ||||||
| 26 | preceding year along with the unaudited financial | ||||||
| |||||||
| |||||||
| 1 | statements for the most
recent quarter may be submitted if | ||||||
| 2 | accompanied by the audited financial
statements of the | ||||||
| 3 | parent company for the preceding year along with the
| ||||||
| 4 | unaudited financial statement for the most recent quarter.
| ||||||
| 5 | (5) Filings of the applicant with the Securities and | ||||||
| 6 | Exchange Commission
or
similar foreign governmental entity | ||||||
| 7 | (English translation), if any.
| ||||||
| 8 | (6) A list of all other states in which the applicant | ||||||
| 9 | is licensed as a
money
transmitter and whether the license | ||||||
| 10 | of the applicant for those purposes has
ever
been | ||||||
| 11 | withdrawn, refused, canceled, or suspended in any other | ||||||
| 12 | state, with full
details.
| ||||||
| 13 | (7) A list of all money transmitter locations and | ||||||
| 14 | proposed locations in
this State.
| ||||||
| 15 | (8) A sample of the contract for authorized sellers.
| ||||||
| 16 | (9) A sample form of the proposed payment instruments | ||||||
| 17 | to be used in this
State.
| ||||||
| 18 | (10) The name and business address of the clearing | ||||||
| 19 | banks through which the
applicant intends to conduct any | ||||||
| 20 | business regulated under this Act.
| ||||||
| 21 | (11) A surety bond as required by Section 30 of this
| ||||||
| 22 | Act.
| ||||||
| 23 | (12) The applicable fees as required by Section 45 of | ||||||
| 24 | this Act.
| ||||||
| 25 | (13) A written consent to service of process as | ||||||
| 26 | provided by Section 100 of
this Act.
| ||||||
| |||||||
| |||||||
| 1 | (14) A written statement that the applicant is in full | ||||||
| 2 | compliance with and
agrees to continue to fully comply with
| ||||||
| 3 | all state and federal statutes and regulations relating to | ||||||
| 4 | money laundering.
| ||||||
| 5 | (15) All additional information the Director considers | ||||||
| 6 | necessary in order
to determine whether or not to issue the | ||||||
| 7 | applicant a license under
this Act.
| ||||||
| 8 | (a-5) The proprietor, partner, officer, director, and | ||||||
| 9 | controlling person of the applicant shall submit their | ||||||
| 10 | fingerprints to the Illinois Department of State Police in an | ||||||
| 11 | electronic format that complies with the form and manner for | ||||||
| 12 | requesting and furnishing criminal history record information | ||||||
| 13 | as prescribed by the Illinois Department of State Police. These | ||||||
| 14 | fingerprints shall be retained and checked against the Illinois | ||||||
| 15 | Department of State Police and Federal Bureau of Investigation | ||||||
| 16 | criminal history record databases now and hereafter filed, | ||||||
| 17 | including latent fingerprint searches. The Illinois Department | ||||||
| 18 | of State Police shall charge applicants a fee for conducting | ||||||
| 19 | the criminal history records check, which shall be deposited | ||||||
| 20 | into the State Police Services Fund and shall not exceed the | ||||||
| 21 | actual cost of the records check. The Illinois Department of | ||||||
| 22 | State Police shall furnish records of Illinois convictions to | ||||||
| 23 | the Department pursuant to positive identification and shall | ||||||
| 24 | forward the national criminal history record information to the | ||||||
| 25 | Department. The Department may require applicants to pay a | ||||||
| 26 | separate fingerprinting fee, either to the Department or to a | ||||||
| |||||||
| |||||||
| 1 | Department-designated or Department-approved vendor. The | ||||||
| 2 | Department, in its discretion, may allow a proprietor, partner, | ||||||
| 3 | officer, director, or controlling person of an applicant who | ||||||
| 4 | does not have reasonable access to a designated vendor to | ||||||
| 5 | provide his or her fingerprints in an alternative manner. The | ||||||
| 6 | Department, in its discretion, may also use other procedures in | ||||||
| 7 | performing or obtaining criminal background checks of | ||||||
| 8 | applicants. Instead of submitting his or her fingerprints, an | ||||||
| 9 | individual may submit proof that is satisfactory to the | ||||||
| 10 | Department that an equivalent security clearance has been | ||||||
| 11 | conducted. The Department may adopt any rules necessary to | ||||||
| 12 | implement this subsection. | ||||||
| 13 | (b) The Director may, for good cause shown, waive, in part, | ||||||
| 14 | any
of the requirements of this Section.
| ||||||
| 15 | (Source: P.A. 100-979, eff. 8-19-18.)
| ||||||
| 16 | Section 530. The Currency Reporting Act is amended by | ||||||
| 17 | changing Sections 2, 3, and 4 as follows:
| ||||||
| 18 | (205 ILCS 685/2) (from Ch. 17, par. 7352)
| ||||||
| 19 | Sec. 2.
It is the purpose of this Act to require the | ||||||
| 20 | keeping and
submission to the Director of the Illinois State | ||||||
| 21 | Police of certain reports and records of
transactions involving | ||||||
| 22 | United States currency when such reports and records
have a | ||||||
| 23 | high degree of usefulness in criminal, tax or regulatory
| ||||||
| 24 | investigations or proceedings.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 87-619.)
| ||||||
| 2 | (205 ILCS 685/3) (from Ch. 17, par. 7353)
| ||||||
| 3 | Sec. 3. As used in this Act, the term:
| ||||||
| 4 | (a) "Currency" means currency and coin of the United | ||||||
| 5 | States;
| ||||||
| 6 | (b) (Blank); "Department" means the Department of State | ||||||
| 7 | Police;
| ||||||
| 8 | (c) "Director" means Director of the Illinois State Police;
| ||||||
| 9 | (d) "Financial Institution" means any:
| ||||||
| 10 | (1) National or state bank or banking association;
| ||||||
| 11 | (2) Agency or branch of a foreign bank, or | ||||||
| 12 | international bank;
| ||||||
| 13 | (3) Industrial savings bank;
| ||||||
| 14 | (4) Trust company;
| ||||||
| 15 | (5) Federal or state savings and loan association;
| ||||||
| 16 | (6) Federal or state credit union;
| ||||||
| 17 | (7) Community or ambulatory currency exchange;
| ||||||
| 18 | (8) Issuer, redeemer, or cashier of travelers' checks, | ||||||
| 19 | money orders, or
similar instruments;
| ||||||
| 20 | (9) Operator of a credit card system;
| ||||||
| 21 | (10) Insurance company;
| ||||||
| 22 | (11) Dealer in precious metals, stones, and jewels;
| ||||||
| 23 | (12) Loan or finance company;
| ||||||
| 24 | (13) Pawnbroker;
| ||||||
| 25 | (14) Travel agency;
| ||||||
| |||||||
| |||||||
| 1 | (15) Licensed sender of money;
| ||||||
| 2 | (16) Telegraph company;
| ||||||
| 3 | (17) Business engaged in vehicle or vessel sales, | ||||||
| 4 | including automobile,
airplane and boat sales;
| ||||||
| 5 | (18) Person involved in real estate closings, | ||||||
| 6 | settlements, sales, or
auctions.
| ||||||
| 7 | However, "Financial Institution" does not include an office, | ||||||
| 8 | department,
agency or other entity of State government.
| ||||||
| 9 | (Source: P.A. 87-619.)
| ||||||
| 10 | (205 ILCS 685/4) (from Ch. 17, par. 7354)
| ||||||
| 11 | Sec. 4.
(a) Every financial institution shall keep a record | ||||||
| 12 | of every
currency transaction involving more than $10,000 and | ||||||
| 13 | shall file a report with
the Illinois State Police Department | ||||||
| 14 | at such time and containing such information as the Director
by | ||||||
| 15 | rule or regulation requires. Unless otherwise provided by rule, | ||||||
| 16 | a
financial institution may exempt from the reporting | ||||||
| 17 | requirements of this
Section deposits, withdrawals, exchanges, | ||||||
| 18 | or payments exempted from the
reporting requirements of Title | ||||||
| 19 | 31 U.S.C. 5313. Each financial institution
shall maintain a | ||||||
| 20 | record of each exemption granted, including the name,
address, | ||||||
| 21 | type of business, taxpayer identification number, and account
| ||||||
| 22 | number of the customer granted the exemption; the type of | ||||||
| 23 | transactions
exempted; and the dollar limit of each exempt | ||||||
| 24 | transaction. Such record of
exemptions shall be made available | ||||||
| 25 | to the Illinois State Police Department for inspection and
| ||||||
| |||||||
| |||||||
| 1 | copying.
| ||||||
| 2 | (b) A financial institution in compliance with the | ||||||
| 3 | provisions of the
Currency and Foreign Transactions Reporting | ||||||
| 4 | Act (31 U.S.C. 5311, et seq.)
and Federal regulations | ||||||
| 5 | prescribed thereunder shall be deemed to be in
compliance with | ||||||
| 6 | the provisions of this Section and rules or regulations
| ||||||
| 7 | prescribed thereunder by the Director.
| ||||||
| 8 | (Source: P.A. 87-619.)
| ||||||
| 9 | Section 535. The Abused and Neglected Long Term Care | ||||||
| 10 | Facility Residents Reporting
Act is amended by changing | ||||||
| 11 | Sections 6 and 10 as follows:
| ||||||
| 12 | (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
| ||||||
| 13 | Sec. 6. All reports of suspected abuse or neglect made | ||||||
| 14 | under this Act
shall be made immediately by telephone to the | ||||||
| 15 | Department's central register
established under Section 14 on | ||||||
| 16 | the single, State-wide, toll-free telephone
number established | ||||||
| 17 | under Section 13, or in person or by telephone through
the | ||||||
| 18 | nearest Department office. No long term care facility | ||||||
| 19 | administrator,
agent or employee, or any other person, shall | ||||||
| 20 | screen reports or otherwise
withhold any reports from the | ||||||
| 21 | Department, and no long term care facility,
department of State | ||||||
| 22 | government, or other agency shall establish any rules,
| ||||||
| 23 | criteria, standards or guidelines to the contrary. Every long | ||||||
| 24 | term care
facility, department of State government and other | ||||||
| |||||||
| |||||||
| 1 | agency whose employees
are required to make or cause to be made | ||||||
| 2 | reports under Section 4 shall
notify its employees of the | ||||||
| 3 | provisions of that Section and of this Section,
and provide to | ||||||
| 4 | the Department documentation that such notification has been
| ||||||
| 5 | given. The Department of Human Services shall train all of its | ||||||
| 6 | mental health and developmental
disabilities employees in the | ||||||
| 7 | detection and reporting of suspected
abuse and neglect of | ||||||
| 8 | residents. Reports made to the central register
through the | ||||||
| 9 | State-wide, toll-free telephone number shall be transmitted to
| ||||||
| 10 | appropriate Department offices and municipal health | ||||||
| 11 | departments that have
responsibility for licensing long term | ||||||
| 12 | care facilities under the Nursing
Home Care Act, the | ||||||
| 13 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
| 14 | Community Care Act, or the MC/DD Act. All reports received | ||||||
| 15 | through offices of the Department
shall be forwarded to the | ||||||
| 16 | central register, in a manner and form described
by the | ||||||
| 17 | Department. The Department shall be capable of receiving | ||||||
| 18 | reports of
suspected abuse and neglect 24 hours a day, 7 days a | ||||||
| 19 | week. Reports shall
also be made in writing deposited in the | ||||||
| 20 | U.S. mail, postage prepaid, within
24 hours after having | ||||||
| 21 | reasonable cause to believe that the condition of the
resident | ||||||
| 22 | resulted from abuse or neglect. Such reports may in addition be
| ||||||
| 23 | made to the local law enforcement agency in the same manner. | ||||||
| 24 | However, in
the event a report is made to the local law | ||||||
| 25 | enforcement agency, the
reporter also shall immediately so | ||||||
| 26 | inform the Department. The Department
shall initiate an | ||||||
| |||||||
| |||||||
| 1 | investigation of each report of resident abuse and
neglect | ||||||
| 2 | under this Act, whether oral or written, as provided for in | ||||||
| 3 | Section 3-702 of the Nursing Home Care Act, Section 2-208 of | ||||||
| 4 | the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
| 5 | Section 3-702 of the ID/DD Community Care Act, or Section 3-702 | ||||||
| 6 | of the MC/DD Act, except that reports of abuse which
indicate | ||||||
| 7 | that a resident's life or safety is in imminent danger shall be
| ||||||
| 8 | investigated within 24 hours of such report. The Department may | ||||||
| 9 | delegate to
law enforcement officials or other public agencies | ||||||
| 10 | the duty to perform such
investigation.
| ||||||
| 11 | With respect to investigations of reports of suspected | ||||||
| 12 | abuse or neglect
of residents of mental health and | ||||||
| 13 | developmental disabilities institutions
under the jurisdiction | ||||||
| 14 | of the Department of
Human Services, the
Department shall | ||||||
| 15 | transmit
copies of such reports to the Illinois Department of | ||||||
| 16 | State Police, the Department of
Human Services, and the
| ||||||
| 17 | Inspector General
appointed under Section 1-17 of the | ||||||
| 18 | Department of Human Services Act. If the Department receives a | ||||||
| 19 | report
of suspected abuse or neglect of a recipient of services | ||||||
| 20 | as defined in Section
1-123 of the Mental Health and | ||||||
| 21 | Developmental Disabilities Code, the
Department shall transmit | ||||||
| 22 | copies of such report to the Inspector General
and the | ||||||
| 23 | Directors of the Guardianship and Advocacy Commission and the
| ||||||
| 24 | agency designated by the Governor pursuant to the Protection | ||||||
| 25 | and Advocacy
for Persons with Developmental Disabilities Act. | ||||||
| 26 | When requested by the Director
of the Guardianship and Advocacy | ||||||
| |||||||
| |||||||
| 1 | Commission, the agency designated by the
Governor pursuant to | ||||||
| 2 | the Protection and Advocacy for Persons with Developmental | ||||||
| 3 | Disabilities Act, or the Department of Financial and | ||||||
| 4 | Professional Regulation, the Department, the Department of | ||||||
| 5 | Human Services and the Illinois Department of State Police | ||||||
| 6 | shall make
available a copy of the final investigative report | ||||||
| 7 | regarding investigations
conducted by their respective | ||||||
| 8 | agencies on incidents of suspected abuse or
neglect of | ||||||
| 9 | residents of mental health and developmental disabilities
| ||||||
| 10 | institutions or individuals receiving services at community | ||||||
| 11 | agencies under the jurisdiction of the Department of Human | ||||||
| 12 | Services. Such final investigative
report shall not contain | ||||||
| 13 | witness statements, investigation notes, draft
summaries, | ||||||
| 14 | results of lie detector tests, investigative files or other raw | ||||||
| 15 | data
which was used to compile the final investigative report. | ||||||
| 16 | Specifically, the
final investigative report of the Illinois | ||||||
| 17 | Department of State Police shall mean the
Director's final | ||||||
| 18 | transmittal letter. The Department of Human Services shall also | ||||||
| 19 | make available a
copy of the results of disciplinary | ||||||
| 20 | proceedings of employees involved in
incidents of abuse or | ||||||
| 21 | neglect to the Directors. All identifiable
information in | ||||||
| 22 | reports provided shall not be further disclosed except as
| ||||||
| 23 | provided by the Mental Health and Developmental Disabilities
| ||||||
| 24 | Confidentiality Act. Nothing in this Section is intended to | ||||||
| 25 | limit or
construe the power or authority granted to the agency | ||||||
| 26 | designated by the
Governor pursuant to the Protection and | ||||||
| |||||||
| |||||||
| 1 | Advocacy for Persons with Developmental Disabilities Act, | ||||||
| 2 | pursuant to any other State or federal statute.
| ||||||
| 3 | With respect to investigations of reported resident abuse | ||||||
| 4 | or neglect, the
Department shall effect with appropriate law | ||||||
| 5 | enforcement agencies formal
agreements concerning methods and | ||||||
| 6 | procedures for the conduct of investigations
into the criminal | ||||||
| 7 | histories of any administrator, staff assistant or employee
of | ||||||
| 8 | the nursing home or other person responsible for the residents | ||||||
| 9 | care,
as well as for other residents in the nursing home who | ||||||
| 10 | may be in a position
to abuse, neglect or exploit the patient. | ||||||
| 11 | Pursuant to the formal agreements
entered into with appropriate | ||||||
| 12 | law enforcement agencies, the Department may
request | ||||||
| 13 | information with respect to whether the person or persons set | ||||||
| 14 | forth
in this paragraph have ever been charged with a crime and | ||||||
| 15 | if so, the
disposition of those charges. Unless the criminal | ||||||
| 16 | histories of the
subjects involved crimes of violence or | ||||||
| 17 | resident abuse or neglect, the
Department shall be entitled | ||||||
| 18 | only to information limited in scope to
charges and their | ||||||
| 19 | dispositions. In cases where prior crimes of violence or
| ||||||
| 20 | resident abuse or neglect are involved, a more detailed report | ||||||
| 21 | can be made
available to authorized representatives of the | ||||||
| 22 | Department, pursuant to the
agreements entered into with | ||||||
| 23 | appropriate law enforcement agencies. Any
criminal charges and | ||||||
| 24 | their disposition information obtained by the
Department shall | ||||||
| 25 | be confidential and may not be transmitted outside the
| ||||||
| 26 | Department, except as required herein, to authorized | ||||||
| |||||||
| |||||||
| 1 | representatives or
delegates of the Department, and may not be | ||||||
| 2 | transmitted to anyone within
the Department who is not duly | ||||||
| 3 | authorized to handle resident abuse or
neglect investigations.
| ||||||
| 4 | The Department shall effect formal agreements with | ||||||
| 5 | appropriate law
enforcement agencies in the various counties | ||||||
| 6 | and communities to encourage
cooperation and coordination in | ||||||
| 7 | the handling of resident abuse or neglect
cases pursuant to | ||||||
| 8 | this Act. The Department shall adopt and implement
methods and | ||||||
| 9 | procedures to promote statewide uniformity in the handling of
| ||||||
| 10 | reports of abuse and neglect under this Act, and those methods | ||||||
| 11 | and
procedures shall be adhered to by personnel of the | ||||||
| 12 | Department involved in
such investigations and reporting. The | ||||||
| 13 | Department shall also make
information required by this Act | ||||||
| 14 | available to authorized personnel within
the Department, as | ||||||
| 15 | well as its authorized representatives.
| ||||||
| 16 | The Department shall keep a continuing record of all | ||||||
| 17 | reports made
pursuant to this Act, including indications of the | ||||||
| 18 | final determination of
any investigation and the final | ||||||
| 19 | disposition of all reports.
| ||||||
| 20 | The Department shall report annually to the General | ||||||
| 21 | Assembly on the
incidence of abuse and neglect of long term | ||||||
| 22 | care facility residents, with
special attention to residents | ||||||
| 23 | who are persons with mental disabilities. The report shall
| ||||||
| 24 | include but not be limited to data on the number and source of | ||||||
| 25 | reports of
suspected abuse or neglect filed under this Act, the | ||||||
| 26 | nature of any injuries
to residents, the final determination of | ||||||
| |||||||
| |||||||
| 1 | investigations, the type and
number of cases where abuse or | ||||||
| 2 | neglect is determined to exist, and the
final disposition of | ||||||
| 3 | cases.
| ||||||
| 4 | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; | ||||||
| 5 | 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
| ||||||
| 6 | (210 ILCS 30/10) (from Ch. 111 1/2, par. 4170)
| ||||||
| 7 | Sec. 10. If, during the investigation of a report made | ||||||
| 8 | pursuant to this
Act, the Department obtains information | ||||||
| 9 | indicating possible criminal acts,
the Department shall refer | ||||||
| 10 | the matter to the appropriate law enforcement
agency or | ||||||
| 11 | agencies for further investigation or prosecution. The | ||||||
| 12 | Department
shall make the entire file of its investigation | ||||||
| 13 | available to the appropriate
law enforcement agencies.
| ||||||
| 14 | With respect to reports of suspected abuse or neglect of | ||||||
| 15 | residents of
facilities operated by the Department of Human | ||||||
| 16 | Services (as successor to the
Department of Rehabilitation | ||||||
| 17 | Services) or recipients of services through
any
home, | ||||||
| 18 | institution, program or other entity licensed in whole or in | ||||||
| 19 | part by the
Department of Human Services (as successor to the | ||||||
| 20 | Department of
Rehabilitation Services), the Department shall | ||||||
| 21 | refer reports to the Illinois Department of State Police or the | ||||||
| 22 | appropriate law enforcement entity upon awareness that a | ||||||
| 23 | possible criminal act has occurred.
| ||||||
| 24 | (Source: P.A. 94-428, eff. 8-2-05.)
| ||||||
| |||||||
| |||||||
| 1 | Section 540. The Nursing Home Care Act is amended by | ||||||
| 2 | changing Sections 1-114.01, 2-201.5, 2-201.6, and 2-201.7 as | ||||||
| 3 | follows:
| ||||||
| 4 | (210 ILCS 45/1-114.01) | ||||||
| 5 | Sec. 1-114.01. Identified offender. "Identified offender" | ||||||
| 6 | means a person who meets any of the following criteria: | ||||||
| 7 | (1) Has been convicted of, found guilty of, adjudicated | ||||||
| 8 | delinquent for, found not guilty by reason of insanity for, | ||||||
| 9 | or found unfit to stand trial for, any felony offense | ||||||
| 10 | listed in Section 25 of the Health Care Worker Background | ||||||
| 11 | Check Act, except for the following: (i) a felony offense | ||||||
| 12 | described in Section 10-5 of the Nurse Practice Act; (ii) a | ||||||
| 13 | felony offense described in Section 4, 5, 6, 8, or 17.02 of | ||||||
| 14 | the Illinois Credit Card and Debit Card Act; (iii) a felony | ||||||
| 15 | offense described in Section 5, 5.1, 5.2, 7, or 9 of the | ||||||
| 16 | Cannabis Control Act; (iv) a felony offense described in | ||||||
| 17 | Section 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the | ||||||
| 18 | Illinois Controlled Substances Act; and (v) a felony | ||||||
| 19 | offense described in the Methamphetamine Control and | ||||||
| 20 | Community Protection Act. | ||||||
| 21 | (2) Has been convicted of, adjudicated delinquent for, | ||||||
| 22 | found not guilty by reason of insanity for, or found unfit | ||||||
| 23 | to stand trial for, any sex offense as defined in | ||||||
| 24 | subsection (c) of Section 10 of the Sex Offender Management | ||||||
| 25 | Board Act. | ||||||
| |||||||
| |||||||
| 1 | (3) Is any other resident as determined by the Illinois | ||||||
| 2 | Department of State Police. | ||||||
| 3 | (Source: P.A. 96-1372, eff. 7-29-10.)
| ||||||
| 4 | (210 ILCS 45/2-201.5) | ||||||
| 5 | Sec. 2-201.5. Screening prior to admission. | ||||||
| 6 | (a) All persons age 18 or older seeking admission to a | ||||||
| 7 | nursing
facility must be screened to
determine the need for | ||||||
| 8 | nursing facility services prior to being admitted,
regardless | ||||||
| 9 | of income, assets, or funding source. Screening for nursing | ||||||
| 10 | facility services shall be administered
through procedures | ||||||
| 11 | established by administrative rule. Screening may be done
by | ||||||
| 12 | agencies other than the Department as established by | ||||||
| 13 | administrative rule.
This Section applies on and after July 1, | ||||||
| 14 | 1996. No later than October 1, 2010, the Department of | ||||||
| 15 | Healthcare and Family Services, in collaboration with the | ||||||
| 16 | Department on Aging, the Department of Human Services, and the | ||||||
| 17 | Department of Public Health, shall file administrative rules | ||||||
| 18 | providing for the gathering, during the screening process, of | ||||||
| 19 | information relevant to determining each person's potential | ||||||
| 20 | for placing other residents, employees, and visitors at risk of | ||||||
| 21 | harm. | ||||||
| 22 | (a-1) Any screening performed pursuant to subsection (a) of
| ||||||
| 23 | this Section shall include a determination of whether any
| ||||||
| 24 | person is being considered for admission to a nursing facility | ||||||
| 25 | due to a
need for mental health services. For a person who | ||||||
| |||||||
| |||||||
| 1 | needs
mental health services, the screening shall
also include | ||||||
| 2 | an evaluation of whether there is permanent supportive housing, | ||||||
| 3 | or an array of
community mental health services, including but | ||||||
| 4 | not limited to
supported housing, assertive community | ||||||
| 5 | treatment, and peer support services, that would enable the | ||||||
| 6 | person to live in the community. The person shall be told about | ||||||
| 7 | the existence of any such services that would enable the person | ||||||
| 8 | to live safely and humanely and about available appropriate | ||||||
| 9 | nursing home services that would enable the person to live | ||||||
| 10 | safely and humanely, and the person shall be given the | ||||||
| 11 | assistance necessary to avail himself or herself of any | ||||||
| 12 | available services. | ||||||
| 13 | (a-2) Pre-screening for persons with a serious mental | ||||||
| 14 | illness shall be performed by a psychiatrist, a psychologist, a | ||||||
| 15 | registered nurse certified in psychiatric nursing, a licensed | ||||||
| 16 | clinical professional counselor, or a licensed clinical social | ||||||
| 17 | worker,
who is competent to (i) perform a clinical assessment | ||||||
| 18 | of the individual, (ii) certify a diagnosis, (iii) make a
| ||||||
| 19 | determination about the individual's current need for | ||||||
| 20 | treatment, including substance abuse treatment, and recommend | ||||||
| 21 | specific treatment, and (iv) determine whether a facility or a | ||||||
| 22 | community-based program
is able to meet the needs of the | ||||||
| 23 | individual. | ||||||
| 24 | For any person entering a nursing facility, the | ||||||
| 25 | pre-screening agent shall make specific recommendations about | ||||||
| 26 | what care and services the individual needs to receive, | ||||||
| |||||||
| |||||||
| 1 | beginning at admission, to attain or maintain the individual's | ||||||
| 2 | highest level of independent functioning and to live in the | ||||||
| 3 | most integrated setting appropriate for his or her physical and | ||||||
| 4 | personal care and developmental and mental health needs. These | ||||||
| 5 | recommendations shall be revised as appropriate by the | ||||||
| 6 | pre-screening or re-screening agent based on the results of | ||||||
| 7 | resident review and in response to changes in the resident's | ||||||
| 8 | wishes, needs, and interest in transition. | ||||||
| 9 | Upon the person entering the nursing facility, the | ||||||
| 10 | Department of Human Services or its designee shall assist the | ||||||
| 11 | person in establishing a relationship with a community mental | ||||||
| 12 | health agency or other appropriate agencies in order to (i) | ||||||
| 13 | promote the person's transition to independent living and (ii) | ||||||
| 14 | support the person's progress in meeting individual goals. | ||||||
| 15 | (a-3) The Department of Human Services, by rule, shall | ||||||
| 16 | provide for a prohibition on conflicts of interest for | ||||||
| 17 | pre-admission screeners. The rule shall provide for waiver of | ||||||
| 18 | those conflicts by the Department of Human Services if the | ||||||
| 19 | Department of Human Services determines that a scarcity of | ||||||
| 20 | qualified pre-admission screeners exists in a given community | ||||||
| 21 | and that, absent a waiver of conflicts, an insufficient number | ||||||
| 22 | of pre-admission screeners would be available. If a conflict is | ||||||
| 23 | waived, the pre-admission screener shall disclose the conflict | ||||||
| 24 | of interest to the screened individual in the manner provided | ||||||
| 25 | for by rule of the Department of Human Services. For the | ||||||
| 26 | purposes of this subsection, a "conflict of interest" includes, | ||||||
| |||||||
| |||||||
| 1 | but is not limited to, the existence of a professional or | ||||||
| 2 | financial relationship between (i) a PAS-MH corporate or a | ||||||
| 3 | PAS-MH agent and (ii) a community provider or long-term care | ||||||
| 4 | facility. | ||||||
| 5 | (b) In addition to the screening required by subsection | ||||||
| 6 | (a), a facility, except for those licensed under the MC/DD Act, | ||||||
| 7 | shall, within 24 hours after admission, request a criminal | ||||||
| 8 | history background check pursuant to the Illinois Uniform | ||||||
| 9 | Conviction Information Act for all persons age 18 or older | ||||||
| 10 | seeking admission to the facility, unless (i) a background | ||||||
| 11 | check was initiated by a hospital pursuant to subsection (d) of | ||||||
| 12 | Section 6.09 of the Hospital Licensing Act or a pre-admission | ||||||
| 13 | background check was conducted by the Department of Veterans' | ||||||
| 14 | Affairs 30 days prior to admittance into an Illinois Veterans | ||||||
| 15 | Home; (ii) the transferring resident is immobile; or (iii) the | ||||||
| 16 | transferring resident is moving into hospice. The exemption | ||||||
| 17 | provided in item (ii) or (iii) of this subsection (b) shall | ||||||
| 18 | apply only if a background check was completed by the facility | ||||||
| 19 | the resident resided at prior to seeking admission to
the | ||||||
| 20 | facility and the resident was transferred to the facility
with | ||||||
| 21 | no time passing during which the resident was not
| ||||||
| 22 | institutionalized. If item (ii) or (iii) of this subsection (b) | ||||||
| 23 | applies,
the prior facility shall provide a copy of its | ||||||
| 24 | background check
of the resident and all supporting | ||||||
| 25 | documentation, including,
when applicable, the criminal | ||||||
| 26 | history report and the security
assessment, to the facility to | ||||||
| |||||||
| |||||||
| 1 | which the resident is being
transferred. Background checks | ||||||
| 2 | conducted pursuant to this Section shall be based on the | ||||||
| 3 | resident's name, date of birth, and other identifiers as | ||||||
| 4 | required by the Illinois Department of State Police. If the | ||||||
| 5 | results of the background check are inconclusive, the facility | ||||||
| 6 | shall initiate a fingerprint-based check, unless the | ||||||
| 7 | fingerprint check is waived by the Director of Public Health | ||||||
| 8 | based on verification by the facility that the resident is | ||||||
| 9 | completely immobile or that the resident meets other criteria | ||||||
| 10 | related to the resident's health or lack of potential risk | ||||||
| 11 | which may be established by Departmental rule. A waiver issued | ||||||
| 12 | pursuant to this Section shall be valid only while the resident | ||||||
| 13 | is immobile or while the criteria supporting the waiver exist. | ||||||
| 14 | The facility shall provide for or arrange for any required | ||||||
| 15 | fingerprint-based checks to be taken on the premises of the | ||||||
| 16 | facility. If a fingerprint-based check is required, the | ||||||
| 17 | facility shall arrange for it to be conducted in a manner that | ||||||
| 18 | is respectful of the resident's dignity and that minimizes any | ||||||
| 19 | emotional or physical hardship to the resident. | ||||||
| 20 | (c) If the results of a resident's criminal history | ||||||
| 21 | background check reveal that the resident is an identified | ||||||
| 22 | offender as defined in Section 1-114.01, the facility shall do | ||||||
| 23 | the following: | ||||||
| 24 | (1) Immediately notify the Illinois Department of | ||||||
| 25 | State Police, in the form and manner required by the | ||||||
| 26 | Illinois Department of State Police, in collaboration with | ||||||
| |||||||
| |||||||
| 1 | the Department of Public Health, that the resident is an | ||||||
| 2 | identified offender. | ||||||
| 3 | (2) Within 72 hours, arrange for a fingerprint-based | ||||||
| 4 | criminal history record inquiry to be requested on the | ||||||
| 5 | identified offender resident. The inquiry shall be based on | ||||||
| 6 | the subject's name, sex, race, date of birth, fingerprint | ||||||
| 7 | images, and other identifiers required by the Illinois | ||||||
| 8 | Department of State Police. The inquiry shall be processed | ||||||
| 9 | through the files of the Illinois Department of State | ||||||
| 10 | Police and the Federal Bureau of Investigation to locate | ||||||
| 11 | any criminal history record information that may exist | ||||||
| 12 | regarding the subject. The Federal Bureau of Investigation | ||||||
| 13 | shall furnish to the Illinois Department of State Police,
| ||||||
| 14 | pursuant to an inquiry under this paragraph (2),
any | ||||||
| 15 | criminal history record information contained in its
| ||||||
| 16 | files. | ||||||
| 17 | The facility shall comply with all applicable provisions | ||||||
| 18 | contained in the Illinois Uniform Conviction Information Act. | ||||||
| 19 | All name-based and fingerprint-based criminal history | ||||||
| 20 | record inquiries shall be submitted to the Illinois Department | ||||||
| 21 | of State Police electronically in the form and manner | ||||||
| 22 | prescribed by the Illinois Department of State Police. The | ||||||
| 23 | Illinois Department of State Police may charge the facility a | ||||||
| 24 | fee for processing name-based and fingerprint-based criminal | ||||||
| 25 | history record inquiries. The fee shall be deposited into the | ||||||
| 26 | State Police Services Fund. The fee shall not exceed the actual | ||||||
| |||||||
| |||||||
| 1 | cost of processing the inquiry. | ||||||
| 2 | (d) (Blank).
| ||||||
| 3 | (e) The Department shall develop and maintain a | ||||||
| 4 | de-identified database of residents who have injured facility | ||||||
| 5 | staff, facility visitors, or other residents, and the attendant | ||||||
| 6 | circumstances, solely for the purposes of evaluating and | ||||||
| 7 | improving resident pre-screening and assessment procedures | ||||||
| 8 | (including the Criminal History Report prepared under Section | ||||||
| 9 | 2-201.6) and the adequacy of Department requirements | ||||||
| 10 | concerning the provision of care and services to residents. A | ||||||
| 11 | resident shall not be listed in the database until a Department | ||||||
| 12 | survey confirms the accuracy of the listing. The names of | ||||||
| 13 | persons listed in the database and information that would allow | ||||||
| 14 | them to be individually identified shall not be made public. | ||||||
| 15 | Neither the Department nor any other agency of State government | ||||||
| 16 | may use information in the database to take any action against | ||||||
| 17 | any individual, licensee, or other entity, unless the | ||||||
| 18 | Department or agency receives the information independent of | ||||||
| 19 | this subsection (e). All information
collected, maintained, or | ||||||
| 20 | developed under the authority of this subsection (e) for the | ||||||
| 21 | purposes of the database maintained under this subsection (e) | ||||||
| 22 | shall be treated in the same manner as information that is | ||||||
| 23 | subject to Part 21 of Article VIII of the Code of Civil | ||||||
| 24 | Procedure. | ||||||
| 25 | (Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15; | ||||||
| 26 | 99-453, eff. 8-24-15; 99-642, eff. 7-28-16.)
| ||||||
| |||||||
| |||||||
| 1 | (210 ILCS 45/2-201.6) | ||||||
| 2 | Sec. 2-201.6. Criminal History Report. | ||||||
| 3 | (a) The Illinois Department of State Police shall prepare a | ||||||
| 4 | Criminal History Report when it receives information, through | ||||||
| 5 | the criminal history background check required pursuant to | ||||||
| 6 | subsection (d) of Section 6.09 of the Hospital Licensing Act or | ||||||
| 7 | subsection (c) of Section 2-201.5, or through any other means, | ||||||
| 8 | that a resident of a facility is an identified offender. | ||||||
| 9 | (b) The Illinois Department of State Police shall complete | ||||||
| 10 | the Criminal History Report within 10 business days after | ||||||
| 11 | receiving information under subsection (a) that a resident is | ||||||
| 12 | an identified offender. | ||||||
| 13 | (c) The Criminal History Report shall include, but not be | ||||||
| 14 | limited to, the following: | ||||||
| 15 | (1) (Blank). | ||||||
| 16 | (2) (Blank). | ||||||
| 17 | (3) (Blank). | ||||||
| 18 | (3.5) Copies of the identified offender's parole, | ||||||
| 19 | mandatory supervised release, or probation orders. | ||||||
| 20 | (4) An interview with the identified offender. | ||||||
| 21 | (5) (Blank).
| ||||||
| 22 | (6) A detailed summary of the entire criminal history | ||||||
| 23 | of the offender, including arrests, convictions, and the | ||||||
| 24 | date of the identified offender's last conviction relative | ||||||
| 25 | to the date of admission to a long-term care facility. | ||||||
| |||||||
| |||||||
| 1 | (7) If the identified offender is a convicted or | ||||||
| 2 | registered sex offender, a review of any and all sex | ||||||
| 3 | offender evaluations conducted on that offender. If there | ||||||
| 4 | is no sex offender evaluation available, the Illinois | ||||||
| 5 | Department of State Police shall arrange, through the | ||||||
| 6 | Department of Public Health, for a sex offender evaluation | ||||||
| 7 | to be conducted on the identified offender. If the | ||||||
| 8 | convicted or registered sex offender is under supervision | ||||||
| 9 | by the Illinois Department of Corrections or a county | ||||||
| 10 | probation department, the sex offender evaluation shall be | ||||||
| 11 | arranged by and at the expense of the supervising agency. | ||||||
| 12 | All evaluations conducted on convicted or registered sex | ||||||
| 13 | offenders under this Act shall be conducted by sex offender | ||||||
| 14 | evaluators approved by the Sex Offender Management Board. | ||||||
| 15 | (d) The Illinois Department of State Police shall provide | ||||||
| 16 | the Criminal History Report to a licensed forensic | ||||||
| 17 | psychologist. After (i) consideration of the Criminal History | ||||||
| 18 | Report, (ii) consultation with the facility administrator or | ||||||
| 19 | the facility medical director, or both, regarding the mental | ||||||
| 20 | and physical condition of the identified offender, and (iii) | ||||||
| 21 | reviewing the facility's file on the identified offender, | ||||||
| 22 | including all incident reports, all information regarding | ||||||
| 23 | medication and medication compliance, and all information | ||||||
| 24 | regarding previous discharges or transfers from other | ||||||
| 25 | facilities, the licensed forensic psychologist shall prepare | ||||||
| 26 | an Identified Offender Report and Recommendation. The | ||||||
| |||||||
| |||||||
| 1 | Identified Offender Report and Recommendation shall detail | ||||||
| 2 | whether and to what extent the identified offender's criminal | ||||||
| 3 | history necessitates the implementation of security measures | ||||||
| 4 | within the long-term care facility. If the identified offender | ||||||
| 5 | is a convicted or registered sex offender or if the Identified | ||||||
| 6 | Offender Report and Recommendation reveals that the identified | ||||||
| 7 | offender poses a significant risk of harm to others within the | ||||||
| 8 | facility, the offender shall be required to have his or her own | ||||||
| 9 | room within the facility. | ||||||
| 10 | (e) The licensed forensic psychologist shall complete the | ||||||
| 11 | Identified Offender Report and Recommendation within 14 | ||||||
| 12 | business days after receiving the Criminal History Report and | ||||||
| 13 | shall promptly provide the Identified Offender Report and | ||||||
| 14 | Recommendation to the Illinois Department of State Police, | ||||||
| 15 | which shall provide the Identified Offender Report and | ||||||
| 16 | Recommendation to the following: | ||||||
| 17 | (1) The long-term care facility within which the | ||||||
| 18 | identified offender resides. | ||||||
| 19 | (2) The Chief of Police of the municipality in which | ||||||
| 20 | the facility is located. | ||||||
| 21 | (3) The State of Illinois Long Term Care Ombudsman. | ||||||
| 22 | (4) The Department of Public Health. | ||||||
| 23 | (e-5) The Department of Public Health shall keep a | ||||||
| 24 | continuing record of all residents determined to be identified | ||||||
| 25 | offenders as defined in Section 1-114.01 and shall report the | ||||||
| 26 | number of identified offender residents annually to the General | ||||||
| |||||||
| |||||||
| 1 | Assembly. | ||||||
| 2 | (f) The facility shall incorporate the Identified Offender | ||||||
| 3 | Report and Recommendation into the identified offender's care | ||||||
| 4 | plan created pursuant to 42 CFR 483.20. | ||||||
| 5 | (g) If, based on the Identified Offender Report and | ||||||
| 6 | Recommendation, a facility determines that it cannot manage the | ||||||
| 7 | identified offender resident safely within the facility, it | ||||||
| 8 | shall commence involuntary transfer or discharge proceedings | ||||||
| 9 | pursuant to Section 3-402. | ||||||
| 10 | (h) Except for willful and wanton misconduct, any person | ||||||
| 11 | authorized to participate in the development of a Criminal | ||||||
| 12 | History Report or Identified Offender Report and | ||||||
| 13 | Recommendation is immune from criminal or civil liability for | ||||||
| 14 | any acts or omissions as the result of his or her good faith | ||||||
| 15 | effort to comply with this Section.
| ||||||
| 16 | (Source: P.A. 96-1372, eff. 7-29-10.)
| ||||||
| 17 | (210 ILCS 45/2-201.7) | ||||||
| 18 | Sec. 2-201.7. Expanded criminal history background check | ||||||
| 19 | pilot program. | ||||||
| 20 | (a) The purpose of this Section is to establish a pilot | ||||||
| 21 | program based in Cook and Will counties in which an expanded | ||||||
| 22 | criminal history background check screening process will be | ||||||
| 23 | utilized to better identify residents of licensed long term | ||||||
| 24 | care facilities who, because of their criminal histories, may | ||||||
| 25 | pose a risk to other vulnerable residents. | ||||||
| |||||||
| |||||||
| 1 | (b) In this Section, "mixed population facility" means a | ||||||
| 2 | facility that has more than 25 residents with a diagnosis of | ||||||
| 3 | serious mental illness and residents 65 years of age or older. | ||||||
| 4 | (c) Every mixed population facility located in Cook County | ||||||
| 5 | or Will County shall participate in the pilot program and shall | ||||||
| 6 | employ expanded criminal history background check screening | ||||||
| 7 | procedures for all residents admitted to the facility who are | ||||||
| 8 | at least 18 years of age but less than 65 years of age. Under | ||||||
| 9 | the pilot program, criminal history background checks required | ||||||
| 10 | under this Act shall employ fingerprint-based criminal history | ||||||
| 11 | record inquiries or comparably comprehensive name-based | ||||||
| 12 | criminal history background checks. Fingerprint-based criminal | ||||||
| 13 | history record inquiries shall be conducted pursuant to | ||||||
| 14 | subsection (c-2) of Section 2-201.5. A Criminal History Report | ||||||
| 15 | and an Identified Offender Report and Recommendation shall be | ||||||
| 16 | completed pursuant to Section 2-201.6 if the results of the | ||||||
| 17 | expanded criminal history background check reveal that a | ||||||
| 18 | resident is an identified offender as defined in Section | ||||||
| 19 | 1-114.01. | ||||||
| 20 | (d) If an expanded criminal history background check | ||||||
| 21 | reveals that a resident is an identified offender as defined in | ||||||
| 22 | Section 1-114.01, the facility shall be notified within 72 | ||||||
| 23 | hours. | ||||||
| 24 | (e) The cost of the expanded criminal history background | ||||||
| 25 | checks conducted pursuant to the pilot program shall not exceed | ||||||
| 26 | $50 per resident and shall be paid by the facility. The | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police shall implement all | ||||||
| 2 | potential measures to minimize the cost of the expanded | ||||||
| 3 | criminal history background checks to the participating long | ||||||
| 4 | term care facilities. | ||||||
| 5 | (f) The pilot program shall run for a period of one year | ||||||
| 6 | after the effective date of this amendatory Act of the 96th | ||||||
| 7 | General Assembly. Promptly after the end of that one-year | ||||||
| 8 | period, the Department shall report the results of the pilot | ||||||
| 9 | program to the General Assembly.
| ||||||
| 10 | (Source: P.A. 96-1372, eff. 7-29-10.)
| ||||||
| 11 | Section 545. The MC/DD Act is amended by changing Sections | ||||||
| 12 | 1-114.01, 2-201.5, and 2-201.6 as follows:
| ||||||
| 13 | (210 ILCS 46/1-114.01)
| ||||||
| 14 | Sec. 1-114.01. Identified offender. "Identified offender" | ||||||
| 15 | means a person who meets any of the following criteria: | ||||||
| 16 | (1) Has been convicted of, found guilty of, adjudicated | ||||||
| 17 | delinquent for, found not guilty by reason of insanity for, | ||||||
| 18 | or found unfit to stand trial for any felony offense listed | ||||||
| 19 | in Section 25 of the Health Care Worker Background Check | ||||||
| 20 | Act, except for the following: | ||||||
| 21 | (i) a felony offense described in Section 10-5 of | ||||||
| 22 | the Nurse Practice Act; | ||||||
| 23 | (ii) a felony offense described in Section 4, 5, 6, | ||||||
| 24 | 8, or 17.02 of the Illinois Credit Card and Debit Card | ||||||
| |||||||
| |||||||
| 1 | Act; | ||||||
| 2 | (iii) a felony offense described in Section 5, 5.1, | ||||||
| 3 | 5.2, 7, or 9 of the Cannabis Control Act; | ||||||
| 4 | (iv) a felony offense described in Section 401, | ||||||
| 5 | 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois | ||||||
| 6 | Controlled Substances Act; and | ||||||
| 7 | (v) a felony offense described in the | ||||||
| 8 | Methamphetamine Control and Community Protection Act. | ||||||
| 9 | (2) Has been convicted of, adjudicated delinquent for, | ||||||
| 10 | found not guilty by reason of insanity for, or found unfit | ||||||
| 11 | to stand trial for, any sex offense as defined in | ||||||
| 12 | subsection (c) of Section 10 of the Sex Offender Management | ||||||
| 13 | Board Act. | ||||||
| 14 | (3) Is any other resident as determined by the Illinois | ||||||
| 15 | Department of State Police.
| ||||||
| 16 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
| 17 | (210 ILCS 46/2-201.5)
| ||||||
| 18 | Sec. 2-201.5. Screening prior to admission. | ||||||
| 19 | (a) All persons age 18 or older seeking admission to a | ||||||
| 20 | facility must be screened to determine the need for facility | ||||||
| 21 | services prior to being admitted, regardless of income, assets, | ||||||
| 22 | or funding source. In addition, any person who seeks to become | ||||||
| 23 | eligible for medical assistance from the Medical Assistance | ||||||
| 24 | Program under the Illinois Public Aid Code to pay for services | ||||||
| 25 | while residing in a facility must be screened prior to | ||||||
| |||||||
| |||||||
| 1 | receiving those benefits. Screening for facility services | ||||||
| 2 | shall be administered through procedures established by | ||||||
| 3 | administrative rule. Screening may be done by agencies other | ||||||
| 4 | than the Department as established by administrative rule. | ||||||
| 5 | (a-1) Any screening shall also include an evaluation of | ||||||
| 6 | whether there are residential supports and services or an array | ||||||
| 7 | of community services that would enable the person to live in | ||||||
| 8 | the community. The person shall be told about the existence of | ||||||
| 9 | any such services that would enable the person to live safely | ||||||
| 10 | and humanely in the least restrictive environment, that is | ||||||
| 11 | appropriate, that the individual or guardian chooses, and the | ||||||
| 12 | person shall be given the assistance necessary to avail himself | ||||||
| 13 | or herself of any available services. | ||||||
| 14 | (b) In addition to the screening required by subsection | ||||||
| 15 | (a), a facility shall, within 24 hours after admission, request | ||||||
| 16 | a criminal history background check pursuant to the Uniform | ||||||
| 17 | Conviction Information Act for all persons age 18 or older | ||||||
| 18 | seeking admission to the facility. Background checks conducted | ||||||
| 19 | pursuant to this Section shall be based on the resident's name, | ||||||
| 20 | date of birth, and other identifiers as required by the | ||||||
| 21 | Illinois Department of State Police. If the results of the | ||||||
| 22 | background check are inconclusive, the facility shall initiate | ||||||
| 23 | a fingerprint-based check, unless the fingerprint-based check | ||||||
| 24 | is waived by the Director of Public Health based on | ||||||
| 25 | verification by the facility that the resident is completely | ||||||
| 26 | immobile or that the resident meets other criteria related to | ||||||
| |||||||
| |||||||
| 1 | the resident's health or lack of potential risk which may be | ||||||
| 2 | established by Departmental rule. A waiver issued pursuant to | ||||||
| 3 | this Section shall be valid only while the resident is immobile | ||||||
| 4 | or while the criteria supporting the waiver exist. The facility | ||||||
| 5 | shall provide for or arrange for any required fingerprint-based | ||||||
| 6 | checks. If a fingerprint-based check is required, the facility | ||||||
| 7 | shall arrange for it to be conducted in a manner that is | ||||||
| 8 | respectful of the resident's dignity and that minimizes any | ||||||
| 9 | emotional or physical hardship to the resident. | ||||||
| 10 | (c) If the results of a resident's criminal history | ||||||
| 11 | background check reveal that the resident is an identified | ||||||
| 12 | offender as defined in Section 1-114.01 of this Act, the | ||||||
| 13 | facility shall do the following: | ||||||
| 14 | (1) Immediately notify the Illinois Department of | ||||||
| 15 | State Police, in the form and manner required by the | ||||||
| 16 | Illinois Department of State Police, in collaboration with | ||||||
| 17 | the Department of Public Health, that the resident is an | ||||||
| 18 | identified offender. | ||||||
| 19 | (2) Within 72 hours, arrange for a fingerprint-based | ||||||
| 20 | criminal history record inquiry to be requested on the | ||||||
| 21 | identified offender resident. The inquiry shall be based on | ||||||
| 22 | the subject's name, sex, race, date of birth, fingerprint | ||||||
| 23 | images, and other identifiers required by the Illinois | ||||||
| 24 | Department of State Police. The inquiry shall be processed | ||||||
| 25 | through the files of the Illinois Department of State | ||||||
| 26 | Police and the Federal Bureau of Investigation to locate | ||||||
| |||||||
| |||||||
| 1 | any criminal history record information that may exist | ||||||
| 2 | regarding the subject. The Federal Bureau of Investigation | ||||||
| 3 | shall furnish to the Illinois Department of State Police, | ||||||
| 4 | pursuant to an inquiry under this paragraph (2), any | ||||||
| 5 | criminal history record information contained in its | ||||||
| 6 | files. The facility shall comply with all applicable | ||||||
| 7 | provisions contained in the Uniform Conviction Information | ||||||
| 8 | Act. All name-based and fingerprint-based criminal history | ||||||
| 9 | record inquiries shall be submitted to the Illinois | ||||||
| 10 | Department of State Police electronically in the form and | ||||||
| 11 | manner prescribed by the Illinois Department of State | ||||||
| 12 | Police. The Illinois Department of State Police may charge | ||||||
| 13 | the facility a fee for processing name-based and | ||||||
| 14 | fingerprint-based criminal history record inquiries. The | ||||||
| 15 | fee shall be deposited into the State Police Services Fund. | ||||||
| 16 | The fee shall not exceed the actual cost of processing the | ||||||
| 17 | inquiry.
| ||||||
| 18 | (d) The Department shall develop and maintain a | ||||||
| 19 | de-identified database of residents who have injured facility | ||||||
| 20 | staff, facility visitors, or other residents, and the attendant | ||||||
| 21 | circumstances, solely for the purposes of evaluating and | ||||||
| 22 | improving resident pre-screening and assessment procedures | ||||||
| 23 | (including the Criminal History Report prepared under Section | ||||||
| 24 | 2-201.6 of this Act) and the adequacy of Department | ||||||
| 25 | requirements concerning the provision of care and services to | ||||||
| 26 | residents. A resident shall not be listed in the database until | ||||||
| |||||||
| |||||||
| 1 | a Department survey confirms the accuracy of the listing. The | ||||||
| 2 | names of persons listed in the database and information that | ||||||
| 3 | would allow them to be individually identified shall not be | ||||||
| 4 | made public. Neither the Department nor any other agency of | ||||||
| 5 | State government may use information in the database to take | ||||||
| 6 | any action against any individual, licensee, or other entity | ||||||
| 7 | unless the Department or agency receives the information | ||||||
| 8 | independent of this subsection (d). All information collected, | ||||||
| 9 | maintained, or developed under the authority of this subsection | ||||||
| 10 | (d) for the purposes of the database maintained under this | ||||||
| 11 | subsection (d) shall be treated in the same manner as | ||||||
| 12 | information that is subject to Part 21 of Article VIII of the | ||||||
| 13 | Code of Civil Procedure.
| ||||||
| 14 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
| 15 | (210 ILCS 46/2-201.6)
| ||||||
| 16 | Sec. 2-201.6. Criminal History Report. | ||||||
| 17 | (a) The Illinois Department of State Police shall prepare a | ||||||
| 18 | Criminal History Report when it receives information, through | ||||||
| 19 | the criminal history background check required pursuant to | ||||||
| 20 | subsection (c) of Section 2-201.5 or through any other means, | ||||||
| 21 | that a resident of a facility is an identified offender. | ||||||
| 22 | (b) The Illinois Department of State Police shall complete | ||||||
| 23 | the Criminal History Report within 10 business days after | ||||||
| 24 | receiving any information described under subsection (a) of | ||||||
| 25 | this Act that a resident is an identified offender. | ||||||
| |||||||
| |||||||
| 1 | (c) The Criminal History Report shall include, but not be | ||||||
| 2 | limited to, all of the following: | ||||||
| 3 | (1) Copies of the identified offender's parole, | ||||||
| 4 | mandatory supervised release, or probation orders. | ||||||
| 5 | (2) An interview with the identified offender. | ||||||
| 6 | (3) A detailed summary of the entire criminal history | ||||||
| 7 | of the offender, including arrests, convictions, and the | ||||||
| 8 | date of the identified offender's last conviction relative | ||||||
| 9 | to the date of admission to a facility. | ||||||
| 10 | (4) If the identified offender is a convicted or | ||||||
| 11 | registered sex offender, then a review of any and all sex | ||||||
| 12 | offender evaluations conducted on that offender. If there | ||||||
| 13 | is no sex offender evaluation available, then the Illinois | ||||||
| 14 | Department of State Police shall arrange, through the | ||||||
| 15 | Department of Public Health, for a sex offender evaluation | ||||||
| 16 | to be conducted on the identified offender. If the | ||||||
| 17 | convicted or registered sex offender is under supervision | ||||||
| 18 | by the Illinois Department of Corrections or a county | ||||||
| 19 | probation department, then the sex offender evaluation | ||||||
| 20 | shall be arranged by and at the expense of the supervising | ||||||
| 21 | agency. All evaluations conducted on convicted or | ||||||
| 22 | registered sex offenders under this Act shall be conducted | ||||||
| 23 | by sex offender evaluators approved by the Sex Offender | ||||||
| 24 | Management Board. | ||||||
| 25 | (d) The Illinois Department of State Police shall provide | ||||||
| 26 | the Criminal History Report to a licensed forensic | ||||||
| |||||||
| |||||||
| 1 | psychologist. The licensed forensic psychologist shall prepare | ||||||
| 2 | an Identified Offender Report and Recommendation after (i) | ||||||
| 3 | consideration of the Criminal History Report, (ii) | ||||||
| 4 | consultation with the facility administrator or the facility | ||||||
| 5 | medical director, or both, regarding the mental and physical | ||||||
| 6 | condition of the identified offender, and (iii) reviewing the | ||||||
| 7 | facility's file on the identified offender, including all | ||||||
| 8 | incident reports, all information regarding medication and | ||||||
| 9 | medication compliance, and all information regarding previous | ||||||
| 10 | discharges or transfers from other facilities. The Identified | ||||||
| 11 | Offender Report and Recommendation shall detail whether and to | ||||||
| 12 | what extent the identified offender's criminal history | ||||||
| 13 | necessitates the implementation of security measures within | ||||||
| 14 | the facility. If the identified offender is a convicted or | ||||||
| 15 | registered sex offender, or if the Identified Offender Report | ||||||
| 16 | and Recommendation reveals that the identified offender poses a | ||||||
| 17 | significant risk of harm to others within the facility, then | ||||||
| 18 | the offender shall be required to have his or her own room | ||||||
| 19 | within the facility. | ||||||
| 20 | (e) The licensed forensic psychologist shall complete the | ||||||
| 21 | Identified Offender Report and Recommendation within 14 | ||||||
| 22 | business days after receiving the Criminal History
Report and | ||||||
| 23 | shall promptly provide the Identified Offender Report and | ||||||
| 24 | Recommendation to the Illinois Department of State Police, | ||||||
| 25 | which shall provide the Identified Offender Report and
| ||||||
| 26 | Recommendation to the following: | ||||||
| |||||||
| |||||||
| 1 | (1) The facility within which the identified offender | ||||||
| 2 | resides. | ||||||
| 3 | (2) The Chief of Police of the municipality in which | ||||||
| 4 | the facility is located. | ||||||
| 5 | (3) The State of Illinois Long Term Care Ombudsman. | ||||||
| 6 | (4) The Department of Public Health. | ||||||
| 7 | (f) The Department of Public Health shall keep a continuing | ||||||
| 8 | record of all residents determined to be identified offenders | ||||||
| 9 | as defined in Section 1-114.01 and shall report the
number of | ||||||
| 10 | identified offender residents annually to the General
| ||||||
| 11 | Assembly. | ||||||
| 12 | (g) The facility shall incorporate the Identified Offender | ||||||
| 13 | Report and Recommendation into the identified offender's | ||||||
| 14 | individual program plan created pursuant to 42 CFR 483.440(c). | ||||||
| 15 | (h) If, based on the Identified Offender Report and | ||||||
| 16 | Recommendation, a facility determines that it cannot manage the | ||||||
| 17 | identified offender resident safely within the facility, then | ||||||
| 18 | it shall commence involuntary transfer or discharge | ||||||
| 19 | proceedings pursuant to Section 3-402. | ||||||
| 20 | (i) Except for willful and wanton misconduct, any person | ||||||
| 21 | authorized to participate in the development of a Criminal | ||||||
| 22 | History Report or Identified Offender Report and | ||||||
| 23 | Recommendation is immune from criminal or civil liability for | ||||||
| 24 | any acts or omissions as the result of his or her good faith | ||||||
| 25 | effort to comply with this Section.
| ||||||
| 26 | (Source: P.A. 99-180, eff. 7-29-15.)
| ||||||
| |||||||
| |||||||
| 1 | Section 550. The ID/DD Community Care Act is amended by | ||||||
| 2 | changing Sections 1-114.01, 2-201.5, and 2-201.6 as follows:
| ||||||
| 3 | (210 ILCS 47/1-114.01)
| ||||||
| 4 | Sec. 1-114.01. Identified offender. "Identified offender" | ||||||
| 5 | means a person who meets any of the following criteria: | ||||||
| 6 | (1) Has been convicted of, found guilty of, adjudicated | ||||||
| 7 | delinquent for, found not guilty by reason of insanity for, | ||||||
| 8 | or found unfit to stand trial for any felony offense listed | ||||||
| 9 | in Section 25 of the Health Care Worker Background Check | ||||||
| 10 | Act, except for the following: | ||||||
| 11 | (i) a felony offense described in Section 10-5 of | ||||||
| 12 | the Nurse Practice Act; | ||||||
| 13 | (ii) a felony offense described in Section 4, 5, 6, | ||||||
| 14 | 8, or 17.02 of the Illinois Credit Card and Debit Card | ||||||
| 15 | Act; | ||||||
| 16 | (iii) a felony offense described in Section 5, 5.1, | ||||||
| 17 | 5.2, 7, or 9 of the Cannabis Control Act; | ||||||
| 18 | (iv) a felony offense described in Section 401, | ||||||
| 19 | 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois | ||||||
| 20 | Controlled Substances Act; and | ||||||
| 21 | (v) a felony offense described in the | ||||||
| 22 | Methamphetamine Control and Community Protection Act. | ||||||
| 23 | (2) Has been convicted of, adjudicated delinquent for, | ||||||
| 24 | found not guilty by reason of insanity for, or found unfit | ||||||
| |||||||
| |||||||
| 1 | to stand trial for, any sex offense as defined in | ||||||
| 2 | subsection (c) of Section 10 of the Sex Offender Management | ||||||
| 3 | Board Act. | ||||||
| 4 | (3) Is any other resident as determined by the Illinois | ||||||
| 5 | Department of State Police.
| ||||||
| 6 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
| ||||||
| 7 | (210 ILCS 47/2-201.5)
| ||||||
| 8 | Sec. 2-201.5. Screening prior to admission. | ||||||
| 9 | (a) All persons age 18 or older seeking admission to a | ||||||
| 10 | facility must be screened to determine the need for facility | ||||||
| 11 | services prior to being admitted, regardless of income, assets, | ||||||
| 12 | or funding source. In addition, any person who seeks to become | ||||||
| 13 | eligible for medical assistance from the Medical Assistance | ||||||
| 14 | Program under the Illinois Public Aid Code to pay for services | ||||||
| 15 | while residing in a facility must be screened prior to | ||||||
| 16 | receiving those benefits. Screening for facility services | ||||||
| 17 | shall be administered through procedures established by | ||||||
| 18 | administrative rule. Screening may be done by agencies other | ||||||
| 19 | than the Department as established by administrative rule. | ||||||
| 20 | (a-1) Any screening shall also include an evaluation of | ||||||
| 21 | whether there are residential supports and services or an array | ||||||
| 22 | of community services that would enable the person to live in | ||||||
| 23 | the community. The person shall be told about the existence of | ||||||
| 24 | any such services that would enable the person to live safely | ||||||
| 25 | and humanely in the least restrictive environment, that is | ||||||
| |||||||
| |||||||
| 1 | appropriate, that the individual or guardian chooses, and the | ||||||
| 2 | person shall be given the assistance necessary to avail himself | ||||||
| 3 | or herself of any available services. | ||||||
| 4 | (b) In addition to the screening required by subsection | ||||||
| 5 | (a), a facility shall, within 24 hours after admission, request | ||||||
| 6 | a criminal history background check pursuant to the Uniform | ||||||
| 7 | Conviction Information Act for all persons age 18 or older | ||||||
| 8 | seeking admission to the facility. Background checks conducted | ||||||
| 9 | pursuant to this Section shall be based on the resident's name, | ||||||
| 10 | date of birth, and other identifiers as required by the | ||||||
| 11 | Illinois Department of State Police. If the results of the | ||||||
| 12 | background check are inconclusive, the facility shall initiate | ||||||
| 13 | a fingerprint-based check, unless the fingerprint-based check | ||||||
| 14 | is waived by the Director of Public Health based on | ||||||
| 15 | verification by the facility that the resident is completely | ||||||
| 16 | immobile or that the resident meets other criteria related to | ||||||
| 17 | the resident's health or lack of potential risk which may be | ||||||
| 18 | established by Departmental rule. A waiver issued pursuant to | ||||||
| 19 | this Section shall be valid only while the resident is immobile | ||||||
| 20 | or while the criteria supporting the waiver exist. The facility | ||||||
| 21 | shall provide for or arrange for any required fingerprint-based | ||||||
| 22 | checks. If a fingerprint-based check is required, the facility | ||||||
| 23 | shall arrange for it to be conducted in a manner that is | ||||||
| 24 | respectful of the resident's dignity and that minimizes any | ||||||
| 25 | emotional or physical hardship to the resident. | ||||||
| 26 | (c) If the results of a resident's criminal history | ||||||
| |||||||
| |||||||
| 1 | background check reveal that the resident is an identified | ||||||
| 2 | offender as defined in Section 1-114.01 of this Act, the | ||||||
| 3 | facility shall do the following: | ||||||
| 4 | (1) Immediately notify the Illinois Department of | ||||||
| 5 | State Police, in the form and manner required by the | ||||||
| 6 | Illinois Department of State Police, in collaboration with | ||||||
| 7 | the Department of Public Health, that the resident is an | ||||||
| 8 | identified offender. | ||||||
| 9 | (2) Within 72 hours, arrange for a fingerprint-based | ||||||
| 10 | criminal history record inquiry to be requested on the | ||||||
| 11 | identified offender resident. The inquiry shall be based on | ||||||
| 12 | the subject's name, sex, race, date of birth, fingerprint | ||||||
| 13 | images, and other identifiers required by the Illinois | ||||||
| 14 | Department of State Police. The inquiry shall be processed | ||||||
| 15 | through the files of the Illinois Department of State | ||||||
| 16 | Police and the Federal Bureau of Investigation to locate | ||||||
| 17 | any criminal history record information that may exist | ||||||
| 18 | regarding the subject. The Federal Bureau of Investigation | ||||||
| 19 | shall furnish to the Illinois Department of State Police, | ||||||
| 20 | pursuant to an inquiry under this paragraph (2), any | ||||||
| 21 | criminal history record information contained in its | ||||||
| 22 | files. The facility shall comply with all applicable | ||||||
| 23 | provisions contained in the Uniform Conviction Information | ||||||
| 24 | Act. All name-based and fingerprint-based criminal history | ||||||
| 25 | record inquiries shall be submitted to the Illinois | ||||||
| 26 | Department of State Police electronically in the form and | ||||||
| |||||||
| |||||||
| 1 | manner prescribed by the Illinois Department of State | ||||||
| 2 | Police. The Illinois Department of State Police may charge | ||||||
| 3 | the facility a fee for processing name-based and | ||||||
| 4 | fingerprint-based criminal history record inquiries. The | ||||||
| 5 | fee shall be deposited into the State Police Services Fund. | ||||||
| 6 | The fee shall not exceed the actual cost of processing the | ||||||
| 7 | inquiry.
| ||||||
| 8 | (d) The Department shall develop and maintain a | ||||||
| 9 | de-identified database of residents who have injured facility | ||||||
| 10 | staff, facility visitors, or other residents, and the attendant | ||||||
| 11 | circumstances, solely for the purposes of evaluating and | ||||||
| 12 | improving resident pre-screening and assessment procedures | ||||||
| 13 | (including the Criminal History Report prepared under Section | ||||||
| 14 | 2-201.6 of this Act) and the adequacy of Department | ||||||
| 15 | requirements concerning the provision of care and services to | ||||||
| 16 | residents. A resident shall not be listed in the database until | ||||||
| 17 | a Department survey confirms the accuracy of the listing. The | ||||||
| 18 | names of persons listed in the database and information that | ||||||
| 19 | would allow them to be individually identified shall not be | ||||||
| 20 | made public. Neither the Department nor any other agency of | ||||||
| 21 | State government may use information in the database to take | ||||||
| 22 | any action against any individual, licensee, or other entity | ||||||
| 23 | unless the Department or agency receives the information | ||||||
| 24 | independent of this subsection (d). All information collected, | ||||||
| 25 | maintained, or developed under the authority of this subsection | ||||||
| 26 | (d) for the purposes of the database maintained under this | ||||||
| |||||||
| |||||||
| 1 | subsection (d) shall be treated in the same manner as | ||||||
| 2 | information that is subject to Part 21 of Article VIII of the | ||||||
| 3 | Code of Civil Procedure. | ||||||
| 4 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
| ||||||
| 5 | (210 ILCS 47/2-201.6) | ||||||
| 6 | Sec. 2-201.6. Criminal History Report. | ||||||
| 7 | (a) The Illinois Department of State Police shall prepare a | ||||||
| 8 | Criminal History Report when it receives information, through | ||||||
| 9 | the criminal history background check required pursuant to | ||||||
| 10 | subsection (c) of Section 2-201.5 or through any other means, | ||||||
| 11 | that a resident of a facility is an identified offender. | ||||||
| 12 | (b) The Illinois Department of State Police shall complete | ||||||
| 13 | the Criminal History Report within 10 business days after | ||||||
| 14 | receiving any information described under subsection (a) of | ||||||
| 15 | this Act that a resident is an identified offender. | ||||||
| 16 | (c) The Criminal History Report shall include, but not be | ||||||
| 17 | limited to, all of the following: | ||||||
| 18 | (1) Copies of the identified offender's parole, | ||||||
| 19 | mandatory supervised release, or probation orders. | ||||||
| 20 | (2) An interview with the identified offender. | ||||||
| 21 | (3) A detailed summary of the entire criminal history | ||||||
| 22 | of the offender, including arrests, convictions, and the | ||||||
| 23 | date of the identified offender's last conviction relative | ||||||
| 24 | to the date of admission to a long-term care facility. | ||||||
| 25 | (4) If the identified offender is a convicted or | ||||||
| |||||||
| |||||||
| 1 | registered sex offender, then a review of any and all sex | ||||||
| 2 | offender evaluations conducted on that offender. If there | ||||||
| 3 | is no sex offender evaluation available, then the Illinois | ||||||
| 4 | Department of State Police shall arrange, through the | ||||||
| 5 | Department of Public Health, for a sex offender evaluation | ||||||
| 6 | to be conducted on the identified offender. If the | ||||||
| 7 | convicted or registered sex offender is under supervision | ||||||
| 8 | by the Illinois Department of Corrections or a county | ||||||
| 9 | probation department, then the sex offender evaluation | ||||||
| 10 | shall be arranged by and at the expense of the supervising | ||||||
| 11 | agency. All evaluations conducted on convicted or | ||||||
| 12 | registered sex offenders under this Act shall be conducted | ||||||
| 13 | by sex offender evaluators approved by the Sex Offender | ||||||
| 14 | Management Board. | ||||||
| 15 | (d) The Illinois Department of State Police shall provide | ||||||
| 16 | the Criminal History Report to a licensed forensic | ||||||
| 17 | psychologist. The licensed forensic psychologist shall prepare | ||||||
| 18 | an Identified Offender Report and Recommendation after (i) | ||||||
| 19 | consideration of the Criminal History Report, (ii) | ||||||
| 20 | consultation with the facility administrator or the facility | ||||||
| 21 | medical director, or both, regarding the mental and physical | ||||||
| 22 | condition of the identified offender, and (iii) reviewing the | ||||||
| 23 | facility's file on the identified offender, including all | ||||||
| 24 | incident reports, all information regarding medication and | ||||||
| 25 | medication compliance, and all information regarding previous | ||||||
| 26 | discharges or transfers from other facilities. The Identified | ||||||
| |||||||
| |||||||
| 1 | Offender Report and Recommendation shall detail whether and to | ||||||
| 2 | what extent the identified offender's criminal history | ||||||
| 3 | necessitates the implementation of security measures within | ||||||
| 4 | the facility. If the identified offender is a convicted or | ||||||
| 5 | registered sex offender, or if the Identified Offender Report | ||||||
| 6 | and Recommendation reveals that the identified offender poses a | ||||||
| 7 | significant risk of harm to others within the facility, then | ||||||
| 8 | the offender shall be required to have his or her own room | ||||||
| 9 | within the facility. | ||||||
| 10 | (e) The licensed forensic psychologist shall complete the | ||||||
| 11 | Identified Offender Report and Recommendation within 14 | ||||||
| 12 | business days after receiving the Criminal History
Report and | ||||||
| 13 | shall promptly provide the Identified Offender Report and | ||||||
| 14 | Recommendation to the Illinois Department of State Police, | ||||||
| 15 | which shall provide the Identified Offender Report and
| ||||||
| 16 | Recommendation to the following: | ||||||
| 17 | (1) The facility within which the identified offender | ||||||
| 18 | resides. | ||||||
| 19 | (2) The Chief of Police of the municipality in which | ||||||
| 20 | the facility is located. | ||||||
| 21 | (3) The State of Illinois Long Term Care Ombudsman. | ||||||
| 22 | (4) The Department of Public Health. | ||||||
| 23 | (f) The Department of Public Health shall keep a continuing | ||||||
| 24 | record of all residents determined to be identified offenders | ||||||
| 25 | as defined in Section 1-114.01 and shall report the
number of | ||||||
| 26 | identified offender residents annually to the General
| ||||||
| |||||||
| |||||||
| 1 | Assembly. | ||||||
| 2 | (g) The facility shall incorporate the Identified Offender | ||||||
| 3 | Report and Recommendation into the identified offender's | ||||||
| 4 | individual program plan created pursuant to 42 CFR 483.440(c). | ||||||
| 5 | (h) If, based on the Identified Offender Report and | ||||||
| 6 | Recommendation, a facility determines that it cannot manage the | ||||||
| 7 | identified offender resident safely within the facility, then | ||||||
| 8 | it shall commence involuntary transfer or discharge | ||||||
| 9 | proceedings pursuant to Section 3-402. | ||||||
| 10 | (i) Except for willful and wanton misconduct, any person | ||||||
| 11 | authorized to participate in the development of a Criminal | ||||||
| 12 | History Report or Identified Offender Report and | ||||||
| 13 | Recommendation is immune from criminal or civil liability for | ||||||
| 14 | any acts or omissions as the result of his or her good faith | ||||||
| 15 | effort to comply with this Section.
| ||||||
| 16 | (Source: P.A. 97-38, eff. 6-28-11.)
| ||||||
| 17 | Section 555. The Specialized Mental Health Rehabilitation | ||||||
| 18 | Act of 2013 is amended by changing Sections 2-104 and 2-105 as | ||||||
| 19 | follows:
| ||||||
| 20 | (210 ILCS 49/2-104)
| ||||||
| 21 | Sec. 2-104. Screening prior to admission. | ||||||
| 22 | (a) A facility shall, within 24 hours after admission, | ||||||
| 23 | request a criminal history background check pursuant to the | ||||||
| 24 | Uniform Conviction Information Act for all persons age 18 or | ||||||
| |||||||
| |||||||
| 1 | older seeking admission to the facility, unless a background | ||||||
| 2 | check was initiated by a hospital pursuant to subsection (d) of | ||||||
| 3 | Section 6.09 of the Hospital Licensing Act. Background checks | ||||||
| 4 | conducted pursuant to this Section shall be based on the | ||||||
| 5 | consumer's name, date of birth, and other identifiers as | ||||||
| 6 | required by the Illinois Department of State Police. If the | ||||||
| 7 | results of the background check are inconclusive, the facility | ||||||
| 8 | shall initiate a fingerprint-based check, unless the | ||||||
| 9 | fingerprint check is waived by the Director of Public Health | ||||||
| 10 | based on verification by the facility that the consumer meets | ||||||
| 11 | criteria related to the consumer's health or lack of potential | ||||||
| 12 | risk which may be established by Departmental rule. A waiver | ||||||
| 13 | issued pursuant to this Section shall be valid only while the | ||||||
| 14 | consumer is immobile or while the criteria supporting the | ||||||
| 15 | waiver exist. The facility shall provide for or arrange for any | ||||||
| 16 | required fingerprint-based checks to be taken on the premises | ||||||
| 17 | of the facility. If a fingerprint-based check is required, the | ||||||
| 18 | facility shall arrange for it to be conducted in a manner that | ||||||
| 19 | is respectful of the consumer's dignity and that minimizes any | ||||||
| 20 | emotional or physical hardship to the consumer. | ||||||
| 21 | (b) If the results of a consumer's criminal history | ||||||
| 22 | background check reveal that the consumer is an identified | ||||||
| 23 | offender as defined in this Act, the facility shall do the | ||||||
| 24 | following: | ||||||
| 25 | (1) Immediately notify the Illinois Department of | ||||||
| 26 | State Police, in the form and manner required by the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police, in collaboration with | ||||||
| 2 | the Department of Public Health, that the consumer is an | ||||||
| 3 | identified offender. | ||||||
| 4 | (2) Within 72 hours, arrange for a fingerprint-based
| ||||||
| 5 | criminal history record inquiry to be requested on the | ||||||
| 6 | identified offender consumer. The inquiry shall be based on | ||||||
| 7 | the subject's name, sex, race, date of birth, fingerprint | ||||||
| 8 | images, and other identifiers required by the Illinois | ||||||
| 9 | Department of State Police. The inquiry shall be processed | ||||||
| 10 | through the files of the Illinois Department of State | ||||||
| 11 | Police and the Federal Bureau of Investigation to locate | ||||||
| 12 | any criminal history record information that may exist | ||||||
| 13 | regarding the subject. The Federal Bureau of Investigation | ||||||
| 14 | shall furnish to the Illinois Department of State Police, | ||||||
| 15 | pursuant to an inquiry under this paragraph (2), any | ||||||
| 16 | criminal history record information contained in its | ||||||
| 17 | files.
| ||||||
| 18 | (Source: P.A. 98-104, eff. 7-22-13.)
| ||||||
| 19 | (210 ILCS 49/2-105)
| ||||||
| 20 | Sec. 2-105. Criminal History Report. | ||||||
| 21 | (a) The Illinois Department of State Police shall prepare a | ||||||
| 22 | Criminal History Report when it receives information, through | ||||||
| 23 | the criminal history background check required pursuant to | ||||||
| 24 | subsection (d) of Section 6.09 of the Hospital Licensing Act or | ||||||
| 25 | subsection (c) of Section 2-201.5 of the Nursing Home Care Act, | ||||||
| |||||||
| |||||||
| 1 | or through any other means, that a consumer of a facility is an | ||||||
| 2 | identified offender.
| ||||||
| 3 | (b) The Illinois Department of State Police shall complete | ||||||
| 4 | the Criminal History Report within 10 business days after | ||||||
| 5 | receiving information under subsection (a) that a consumer is | ||||||
| 6 | an identified offender. | ||||||
| 7 | (c) The Criminal History Report shall include, but not be | ||||||
| 8 | limited to, the following: | ||||||
| 9 | (1) Copies of the identified offender's parole, | ||||||
| 10 | mandatory supervised release, or probation orders. | ||||||
| 11 | (2) An interview with the identified offender. | ||||||
| 12 | (3) A detailed summary of the entire criminal history
| ||||||
| 13 | of the offender, including arrests, convictions, and the | ||||||
| 14 | date of the identified offender's last conviction relative | ||||||
| 15 | to the date of admission to a long-term care facility. | ||||||
| 16 | (4) If the identified offender is a convicted or
| ||||||
| 17 | registered sex offender, a review of any and all sex | ||||||
| 18 | offender evaluations conducted on that offender. If there | ||||||
| 19 | is no sex offender evaluation available, the Illinois | ||||||
| 20 | Department of State Police shall arrange, through the | ||||||
| 21 | Department of Public Health, for a sex offender evaluation | ||||||
| 22 | to be conducted on the identified offender. If the | ||||||
| 23 | convicted or registered sex offender is under supervision | ||||||
| 24 | by the Illinois Department of Corrections or a county | ||||||
| 25 | probation department, the sex offender evaluation shall be | ||||||
| 26 | arranged by and at the expense of the supervising agency. | ||||||
| |||||||
| |||||||
| 1 | All evaluations conducted on convicted or registered sex | ||||||
| 2 | offenders under this Act shall be conducted by sex offender | ||||||
| 3 | evaluators approved by the Sex Offender Management Board.
| ||||||
| 4 | (d) The Illinois Department of State Police shall provide | ||||||
| 5 | the Criminal History Report to a licensed forensic | ||||||
| 6 | psychologist. After (i) consideration of the Criminal History | ||||||
| 7 | Report, (ii) consultation with the facility administrator or | ||||||
| 8 | the facility medical director, or both, regarding the mental | ||||||
| 9 | and physical condition of the identified offender, and (iii) | ||||||
| 10 | reviewing the facility's file on the identified offender, | ||||||
| 11 | including all incident reports, all information regarding | ||||||
| 12 | medication and medication compliance, and all information | ||||||
| 13 | regarding previous discharges or transfers from other | ||||||
| 14 | facilities, the licensed forensic psychologist shall prepare | ||||||
| 15 | an Identified Offender Report and Recommendation. The | ||||||
| 16 | Identified Offender Report and Recommendation shall detail | ||||||
| 17 | whether and to what extent the identified offender's criminal | ||||||
| 18 | history necessitates the implementation of security measures | ||||||
| 19 | within the long-term care facility. If the identified offender | ||||||
| 20 | is a convicted or registered sex offender or if the Identified | ||||||
| 21 | Offender Report and Recommendation reveals that the identified | ||||||
| 22 | offender poses a significant risk of harm to others within the | ||||||
| 23 | facility, the offender shall be required to have his or her own | ||||||
| 24 | room within the facility. | ||||||
| 25 | (e) The licensed forensic psychologist shall complete the | ||||||
| 26 | Identified Offender Report and Recommendation within 14 | ||||||
| |||||||
| |||||||
| 1 | business days after receiving the Criminal History Report and | ||||||
| 2 | shall promptly provide the Identified Offender Report and | ||||||
| 3 | Recommendation to the Illinois Department of State Police, | ||||||
| 4 | which shall provide the Identified Offender Report and | ||||||
| 5 | Recommendation to the following:
| ||||||
| 6 | (1) The facility within which the identified offender | ||||||
| 7 | resides. | ||||||
| 8 | (2) The Chief of Police of the municipality in which
| ||||||
| 9 | the facility is located. | ||||||
| 10 | (3) The State of Illinois Long Term Care Ombudsman. | ||||||
| 11 | (4) The Department of Public Health. | ||||||
| 12 | (e-5) The Department of Public Health shall keep a | ||||||
| 13 | continuing record of all consumers determined to be identified | ||||||
| 14 | offenders as defined in Section 1-114.01 of the Nursing Home | ||||||
| 15 | Care Act and shall report the number of identified offender | ||||||
| 16 | consumers annually to the General Assembly. | ||||||
| 17 | (f) The facility shall incorporate the Identified Offender | ||||||
| 18 | Report and Recommendation into the identified offender's care | ||||||
| 19 | plan created pursuant to 42 CFR 483.20. | ||||||
| 20 | (g) If, based on the Identified Offender Report and | ||||||
| 21 | Recommendation, a facility determines that it cannot manage the | ||||||
| 22 | identified offender consumer safely within the facility, it | ||||||
| 23 | shall commence involuntary transfer or discharge proceedings | ||||||
| 24 | pursuant to Section 3-402. | ||||||
| 25 | (h) Except for willful and wanton misconduct, any person | ||||||
| 26 | authorized to participate in the development of a Criminal | ||||||
| |||||||
| |||||||
| 1 | History Report or Identified Offender Report and | ||||||
| 2 | Recommendation is immune from criminal or civil liability for | ||||||
| 3 | any acts or omissions as the result of his or her good faith | ||||||
| 4 | effort to comply with this Section.
| ||||||
| 5 | (Source: P.A. 98-104, eff. 7-22-13.)
| ||||||
| 6 | Section 560. The Hospital Licensing Act is amended by | ||||||
| 7 | changing Section 6.09 as follows:
| ||||||
| 8 | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | ||||||
| 9 | Sec. 6.09. (a) In order to facilitate the orderly | ||||||
| 10 | transition of aged
patients and patients with disabilities from | ||||||
| 11 | hospitals to post-hospital care, whenever a
patient who | ||||||
| 12 | qualifies for the
federal Medicare program is hospitalized, the | ||||||
| 13 | patient shall be notified
of discharge at least
24 hours prior | ||||||
| 14 | to discharge from
the hospital. With regard to pending | ||||||
| 15 | discharges to a skilled nursing facility, the hospital must | ||||||
| 16 | notify the case coordination unit, as defined in 89 Ill. Adm. | ||||||
| 17 | Code 240.260, at least 24 hours prior to discharge. When the | ||||||
| 18 | assessment is completed in the hospital, the case coordination | ||||||
| 19 | unit shall provide a copy of the required assessment | ||||||
| 20 | documentation directly to the nursing home to which the patient | ||||||
| 21 | is being discharged prior to discharge. The Department on Aging | ||||||
| 22 | shall provide notice of this requirement to case coordination | ||||||
| 23 | units. When a case coordination unit is unable to complete an | ||||||
| 24 | assessment in a hospital prior to the discharge of a patient, | ||||||
| |||||||
| |||||||
| 1 | 60 years of age or older, to a nursing home, the case | ||||||
| 2 | coordination unit shall notify the Department on Aging which | ||||||
| 3 | shall notify the Department of Healthcare and Family Services. | ||||||
| 4 | The Department of Healthcare and Family Services and the | ||||||
| 5 | Department on Aging shall adopt rules to address these | ||||||
| 6 | instances to ensure that the patient is able to access nursing | ||||||
| 7 | home care, the nursing home is not penalized for accepting the | ||||||
| 8 | admission, and the patient's timely discharge from the hospital | ||||||
| 9 | is not delayed, to the extent permitted under federal law or | ||||||
| 10 | regulation. Nothing in this subsection shall preclude federal | ||||||
| 11 | requirements for a pre-admission screening/mental health | ||||||
| 12 | (PAS/MH) as required under Section 2-201.5 of the Nursing Home | ||||||
| 13 | Care Act or State or federal law or regulation. If home health | ||||||
| 14 | services are ordered, the hospital must inform its designated | ||||||
| 15 | case coordination unit, as defined in 89 Ill. Adm. Code | ||||||
| 16 | 240.260, of the pending discharge and must provide the patient | ||||||
| 17 | with the case coordination unit's telephone number and other | ||||||
| 18 | contact information.
| ||||||
| 19 | (b) Every hospital shall develop procedures for a physician | ||||||
| 20 | with medical
staff privileges at the hospital or any | ||||||
| 21 | appropriate medical staff member to
provide the discharge | ||||||
| 22 | notice prescribed in subsection (a) of this Section. The | ||||||
| 23 | procedures must include prohibitions against discharging or | ||||||
| 24 | referring a patient to any of the following if unlicensed, | ||||||
| 25 | uncertified, or unregistered: (i) a board and care facility, as | ||||||
| 26 | defined in the Board and Care Home Act; (ii) an assisted living | ||||||
| |||||||
| |||||||
| 1 | and shared housing establishment, as defined in the Assisted | ||||||
| 2 | Living and Shared Housing Act; (iii) a facility licensed under | ||||||
| 3 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 4 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 5 | the MC/DD Act; (iv) a supportive living facility, as defined in | ||||||
| 6 | Section 5-5.01a of the Illinois Public Aid Code; or (v) a | ||||||
| 7 | free-standing hospice facility licensed under the Hospice | ||||||
| 8 | Program Licensing Act if licensure, certification, or | ||||||
| 9 | registration is required. The Department of Public Health shall | ||||||
| 10 | annually provide hospitals with a list of licensed, certified, | ||||||
| 11 | or registered board and care facilities, assisted living and | ||||||
| 12 | shared housing establishments, nursing homes, supportive | ||||||
| 13 | living facilities, facilities licensed under the ID/DD | ||||||
| 14 | Community Care Act, the MC/DD Act, or the Specialized Mental | ||||||
| 15 | Health Rehabilitation Act of 2013, and hospice facilities. | ||||||
| 16 | Reliance upon this list by a hospital shall satisfy compliance | ||||||
| 17 | with this requirement.
The procedure may also include a waiver | ||||||
| 18 | for any case in which a discharge
notice is not feasible due to | ||||||
| 19 | a short length of stay in the hospital by the patient,
or for | ||||||
| 20 | any case in which the patient voluntarily desires to leave the
| ||||||
| 21 | hospital before the expiration of the
24 hour period. | ||||||
| 22 | (c) At least
24 hours prior to discharge from the hospital, | ||||||
| 23 | the
patient shall receive written information on the patient's | ||||||
| 24 | right to appeal the
discharge pursuant to the
federal Medicare | ||||||
| 25 | program, including the steps to follow to appeal
the discharge | ||||||
| 26 | and the appropriate telephone number to call in case the
| ||||||
| |||||||
| |||||||
| 1 | patient intends to appeal the discharge. | ||||||
| 2 | (d) Before transfer of a patient to a long term care | ||||||
| 3 | facility licensed under the Nursing Home Care Act where elderly | ||||||
| 4 | persons reside, a hospital shall as soon as practicable | ||||||
| 5 | initiate a name-based criminal history background check by | ||||||
| 6 | electronic submission to the Illinois Department of State | ||||||
| 7 | Police for all persons between the ages of 18 and 70 years; | ||||||
| 8 | provided, however, that a hospital shall be required to | ||||||
| 9 | initiate such a background check only with respect to patients | ||||||
| 10 | who: | ||||||
| 11 | (1) are transferring to a long term care facility for | ||||||
| 12 | the first time; | ||||||
| 13 | (2) have been in the hospital more than 5 days; | ||||||
| 14 | (3) are reasonably expected to remain at the long term | ||||||
| 15 | care facility for more than 30 days; | ||||||
| 16 | (4) have a known history of serious mental illness or | ||||||
| 17 | substance abuse; and | ||||||
| 18 | (5) are independently ambulatory or mobile for more | ||||||
| 19 | than a temporary period of time. | ||||||
| 20 | A hospital may also request a criminal history background | ||||||
| 21 | check for a patient who does not meet any of the criteria set | ||||||
| 22 | forth in items (1) through (5). | ||||||
| 23 | A hospital shall notify a long term care facility if the | ||||||
| 24 | hospital has initiated a criminal history background check on a | ||||||
| 25 | patient being discharged to that facility. In all circumstances | ||||||
| 26 | in which the hospital is required by this subsection to | ||||||
| |||||||
| |||||||
| 1 | initiate the criminal history background check, the transfer to | ||||||
| 2 | the long term care facility may proceed regardless of the | ||||||
| 3 | availability of criminal history results. Upon receipt of the | ||||||
| 4 | results, the hospital shall promptly forward the results to the | ||||||
| 5 | appropriate long term care facility. If the results of the | ||||||
| 6 | background check are inconclusive, the hospital shall have no | ||||||
| 7 | additional duty or obligation to seek additional information | ||||||
| 8 | from, or about, the patient. | ||||||
| 9 | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||||||
| 10 | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff. | ||||||
| 11 | 7-28-16; 99-857, eff. 1-1-17.)
| ||||||
| 12 | Section 565. The Safe Pharmaceutical Disposal Act is | ||||||
| 13 | amended by changing Section 18 as follows:
| ||||||
| 14 | (210 ILCS 150/18) | ||||||
| 15 | Sec. 18. Unused medications at the scene of a death. | ||||||
| 16 | (a) Notwithstanding any provision of law to the contrary, | ||||||
| 17 | the Illinois Department of State Police may by rule authorize | ||||||
| 18 | State Police officers to dispose of any unused medications | ||||||
| 19 | found at the scene of a death the State Police officer is | ||||||
| 20 | investigating. A State Police officer may only dispose of any | ||||||
| 21 | unused medications under this subsection after consulting with | ||||||
| 22 | any other investigating law enforcement agency to ensure that | ||||||
| 23 | the unused medications will not be needed as evidence in any | ||||||
| 24 | investigation. This Section shall not apply to any unused | ||||||
| |||||||
| |||||||
| 1 | medications a State Police officer takes into custody as part | ||||||
| 2 | of any investigation into a crime. | ||||||
| 3 | (b) Notwithstanding any provision of law to the contrary, a | ||||||
| 4 | local governmental agency may authorize police officers to | ||||||
| 5 | dispose of any unused medications found at the scene of a death | ||||||
| 6 | a police officer is investigating. A police officer may only | ||||||
| 7 | dispose of any unused medications under this subsection after | ||||||
| 8 | consulting with any other investigating law enforcement agency | ||||||
| 9 | to ensure that the unused medications will not be needed as | ||||||
| 10 | evidence in any investigation. This Section shall not apply to | ||||||
| 11 | any unused medications a police officer takes into custody as | ||||||
| 12 | part of any investigation into a crime. | ||||||
| 13 | (c) Notwithstanding any provision of law to the contrary, a | ||||||
| 14 | coroner or medical examiner may dispose of any unused | ||||||
| 15 | medications found at the scene of a death the coroner or | ||||||
| 16 | medical examiner is investigating. A coroner or medical | ||||||
| 17 | examiner may only dispose of any unused medications under this | ||||||
| 18 | subsection after consulting with any investigating law | ||||||
| 19 | enforcement agency to ensure that the unused medications will | ||||||
| 20 | not be needed as evidence in any investigation. | ||||||
| 21 | (d) Any disposal under this Section shall be in accordance | ||||||
| 22 | with Section 17 of this Act or another State or federally | ||||||
| 23 | approved medication take-back program or location. | ||||||
| 24 | (e) This Section shall not apply to prescription drugs for | ||||||
| 25 | which the United States Food and Drug Administration created a | ||||||
| 26 | Risk Evaluation and Mitigation Strategy for under the Food and | ||||||
| |||||||
| |||||||
| 1 | Drug Administration Amendments Act of 2007. | ||||||
| 2 | (f) Nothing in this Section shall be construed to require a | ||||||
| 3 | search of the scene for unused medications. | ||||||
| 4 | (g) Prior to disposal of any medication collected as | ||||||
| 5 | evidence in a criminal investigation under this Section, a | ||||||
| 6 | State Police officer, police officer, coroner, or medical | ||||||
| 7 | examiner shall photograph the unused medication and its | ||||||
| 8 | container or packaging, if available; document the number or | ||||||
| 9 | amount of medication to be disposed; and include the | ||||||
| 10 | photographs and documentation in the police report, coroner | ||||||
| 11 | report, or medical examiner report. | ||||||
| 12 | (h) If an autopsy is performed as part of a death | ||||||
| 13 | investigation, no medication seized under this Section shall be | ||||||
| 14 | disposed of until after a toxicology report is received by the | ||||||
| 15 | entity requesting the report.
| ||||||
| 16 | (i) If a police officer, State Police officer, coroner, or | ||||||
| 17 | medical examiner is not present at the scene of a death, a | ||||||
| 18 | nurse may dispose of any unused medications found at the scene | ||||||
| 19 | of a death the nurse is present at while engaging in the | ||||||
| 20 | performance of his or her duties. A nurse may dispose of any | ||||||
| 21 | unused medications under this subsection only after consulting | ||||||
| 22 | with any investigating law enforcement agency to ensure that | ||||||
| 23 | the unused medications will not be needed as evidence in an | ||||||
| 24 | investigation. | ||||||
| 25 | (j) When an individual authorized to dispose of unused | ||||||
| 26 | medication under this Section disposes of unused medication | ||||||
| |||||||
| |||||||
| 1 | under this Section in good faith, the individual, and his or | ||||||
| 2 | her employer, employees, and agents, shall incur no criminal | ||||||
| 3 | liability or professional discipline. | ||||||
| 4 | (Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
| ||||||
| 5 | Section 570. The Health Care Violence Prevention Act is | ||||||
| 6 | amended by changing Section 30 as follows:
| ||||||
| 7 | (210 ILCS 160/30)
| ||||||
| 8 | Sec. 30. Medical care for committed persons.
| ||||||
| 9 | (a) If a committed person receives medical care and | ||||||
| 10 | treatment at a place other than an institution or facility of | ||||||
| 11 | the Department of Corrections, a county, or a municipality, | ||||||
| 12 | then the institution or facility shall:
| ||||||
| 13 | (1) to the greatest extent practicable, notify the | ||||||
| 14 | hospital or medical facility that is treating the committed | ||||||
| 15 | person prior to the committed person's visit and notify the | ||||||
| 16 | hospital or medical facility of any significant medical, | ||||||
| 17 | mental health, recent violent actions, or other safety | ||||||
| 18 | concerns regarding the patient;
| ||||||
| 19 | (2) to the greatest extent practicable, ensure the | ||||||
| 20 | transferred committed person is accompanied by the most | ||||||
| 21 | comprehensive medical records possible;
| ||||||
| 22 | (3) provide at least one guard trained in custodial | ||||||
| 23 | escort and custody of high-risk committed persons to | ||||||
| 24 | accompany any committed person. The custodial agency shall | ||||||
| |||||||
| |||||||
| 1 | attest to such training for custodial escort and custody of | ||||||
| 2 | high-risk committed persons through: (A) the training of | ||||||
| 3 | the Department of Corrections, Department of Juvenile | ||||||
| 4 | Justice, or Illinois Department of State Police; (B) law | ||||||
| 5 | enforcement training that is substantially equivalent to | ||||||
| 6 | the training of the Department of Corrections, Department | ||||||
| 7 | of Juvenile Justice, or Illinois Department of State | ||||||
| 8 | Police; or (C) the training described in Section 35. Under | ||||||
| 9 | no circumstances may leg irons or shackles or waist | ||||||
| 10 | shackles be used on any pregnant female prisoner who is in | ||||||
| 11 | labor. In addition, restraint of a pregnant female prisoner | ||||||
| 12 | in the custody of the Cook County shall comply with Section | ||||||
| 13 | 3-15003.6 of the Counties Code. Additionally, restraints | ||||||
| 14 | shall not be used on a committed person if medical | ||||||
| 15 | personnel determine that the restraints would impede | ||||||
| 16 | medical treatment; and | ||||||
| 17 | (4) ensure that only medical personnel, Department of | ||||||
| 18 | Corrections, county, or municipality personnel, and | ||||||
| 19 | visitors on the committed person's approved institutional | ||||||
| 20 | visitors list may visit the committed person. Visitation by | ||||||
| 21 | a person on the committed person's approved institutional | ||||||
| 22 | visitors list shall be subject to the rules and procedures | ||||||
| 23 | of the hospital or medical facility and the Department of | ||||||
| 24 | Corrections, county, or municipality. In any situation in | ||||||
| 25 | which a committed person is being visited: | ||||||
| 26 | (A) the name of the visitor must be listed per the | ||||||
| |||||||
| |||||||
| 1 | facility's or institution's documentation; | ||||||
| 2 | (B) the visitor shall submit to the search of his | ||||||
| 3 | or her person or any personal property under his or her | ||||||
| 4 | control at any time; and | ||||||
| 5 | (C) the custodial agency may deny the committed | ||||||
| 6 | person access to a telephone or limit the number of | ||||||
| 7 | visitors the committed person may receive for purposes | ||||||
| 8 | of safety. | ||||||
| 9 | If a committed person receives medical care and treatment | ||||||
| 10 | at a place other than an institution or facility of the | ||||||
| 11 | Department of Corrections, county, or municipality, then the | ||||||
| 12 | custodial agency shall ensure that the committed person is | ||||||
| 13 | wearing security restraints in accordance with the custodial | ||||||
| 14 | agency's rules and procedures if the custodial agency | ||||||
| 15 | determines that restraints are necessary for the following | ||||||
| 16 | reasons: (i) to prevent physical harm to the committed person | ||||||
| 17 | or another person; (ii) because the committed person has a | ||||||
| 18 | history of disruptive behavior that has placed others in | ||||||
| 19 | potentially harmful situations or presents a substantial risk | ||||||
| 20 | of inflicting physical harm on himself or herself or others as | ||||||
| 21 | evidenced by recent behavior; or (iii) there is a well-founded | ||||||
| 22 | belief that the committed person presents a substantial risk of | ||||||
| 23 | flight. Under no circumstances may leg irons or shackles or | ||||||
| 24 | waist shackles be used on any pregnant female prisoner who is | ||||||
| 25 | in labor. In addition, restraint of a pregnant female prisoner | ||||||
| 26 | in the custody of the Cook County shall comply with Section | ||||||
| |||||||
| |||||||
| 1 | 3-15003.6 of the Counties Code. | ||||||
| 2 | The hospital or medical facility may establish protocols | ||||||
| 3 | for the receipt of committed persons in collaboration with the | ||||||
| 4 | Department of Corrections, county, or municipality, | ||||||
| 5 | specifically with regard to potentially violent persons.
| ||||||
| 6 | (b) If a committed person receives medical care and | ||||||
| 7 | treatment at a place other than an institution or facility of | ||||||
| 8 | the Department of Juvenile Justice, then the institution or | ||||||
| 9 | facility shall:
| ||||||
| 10 | (1) to the greatest extent practicable, notify the | ||||||
| 11 | hospital or medical facility that is treating the committed | ||||||
| 12 | person prior to the committed person's visit, and notify | ||||||
| 13 | the hospital or medical facility of any significant | ||||||
| 14 | medical, mental health, recent violent actions, or other | ||||||
| 15 | safety concerns regarding the patient;
| ||||||
| 16 | (2) to the greatest extent practicable, ensure the | ||||||
| 17 | transferred committed person is accompanied by the most | ||||||
| 18 | comprehensive medical records possible;
| ||||||
| 19 | (3) provide: (A) at least one guard trained in | ||||||
| 20 | custodial escort and custody of high-risk committed | ||||||
| 21 | persons to accompany any committed person. The custodial | ||||||
| 22 | agency shall attest to such training for custodial escort | ||||||
| 23 | and custody of high-risk committed persons through: (i) the | ||||||
| 24 | training of the Department of Corrections, Department of | ||||||
| 25 | Juvenile Justice, or Illinois Department of State Police, | ||||||
| 26 | (ii) law enforcement training that is substantially | ||||||
| |||||||
| |||||||
| 1 | equivalent to the training of the Department of | ||||||
| 2 | Corrections, Department of Juvenile Justice, or Illinois | ||||||
| 3 | Department of State Police, or (iii) the training described | ||||||
| 4 | in Section 35; or (B) 2 guards to accompany the committed | ||||||
| 5 | person at all times during the visit to the hospital or | ||||||
| 6 | medical facility; and
| ||||||
| 7 | (4) ensure that only medical personnel, Department of | ||||||
| 8 | Juvenile Justice personnel, and visitors on the committed | ||||||
| 9 | person's approved institutional visitors list may visit | ||||||
| 10 | the committed person. Visitation by a person on the | ||||||
| 11 | committed person's approved institutional visitors list | ||||||
| 12 | shall be subject to the rules and procedures of the | ||||||
| 13 | hospital or medical facility and the Department of Juvenile | ||||||
| 14 | Justice. In any situation in which a committed person is | ||||||
| 15 | being visited:
| ||||||
| 16 | (A) the name of the visitor must be listed per the | ||||||
| 17 | facility's or institution's documentation;
| ||||||
| 18 | (B) the visitor shall submit to the search of his | ||||||
| 19 | or her person or any personal property under his or her | ||||||
| 20 | control at any time;
and | ||||||
| 21 | (C) the custodial agency may deny the committed | ||||||
| 22 | person access to a telephone or limit the number of | ||||||
| 23 | visitors the committed person may receive for purposes | ||||||
| 24 | of safety. | ||||||
| 25 | If a committed person receives medical care and treatment | ||||||
| 26 | at a place other than an institution or facility of the | ||||||
| |||||||
| |||||||
| 1 | Department of Juvenile Justice, then the Department of Juvenile | ||||||
| 2 | Justice shall ensure that the committed person is wearing | ||||||
| 3 | security restraints on either his or her wrists or ankles in | ||||||
| 4 | accordance with the rules and procedures of the Department of | ||||||
| 5 | Juvenile Justice if the Department of Juvenile Justice | ||||||
| 6 | determines that restraints are necessary for the following | ||||||
| 7 | reasons: (i) to prevent physical harm to the committed person | ||||||
| 8 | or another person; (ii) because the committed person has a | ||||||
| 9 | history of disruptive behavior that has placed others in | ||||||
| 10 | potentially harmful situations or presents a substantial risk | ||||||
| 11 | of inflicting physical harm on himself or herself or others as | ||||||
| 12 | evidenced by recent behavior; or (iii) there is a well-founded | ||||||
| 13 | belief that the committed person presents a substantial risk of | ||||||
| 14 | flight. Any restraints used on a committed person under this | ||||||
| 15 | paragraph shall be the least restrictive restraints necessary | ||||||
| 16 | to prevent flight or physical harm to the committed person or | ||||||
| 17 | another person. Restraints shall not be used on the committed | ||||||
| 18 | person as provided in this paragraph if medical personnel | ||||||
| 19 | determine that the restraints would impede medical treatment. | ||||||
| 20 | Under no circumstances may leg irons or shackles or waist | ||||||
| 21 | shackles be used on any pregnant female prisoner who is in | ||||||
| 22 | labor. In addition, restraint of a pregnant female prisoner in | ||||||
| 23 | the custody of the Cook County shall comply with Section | ||||||
| 24 | 3-15003.6 of the Counties Code. | ||||||
| 25 | The hospital or medical facility may establish protocols | ||||||
| 26 | for the receipt of committed persons in collaboration with the | ||||||
| |||||||
| |||||||
| 1 | Department of Juvenile Justice, specifically with regard to | ||||||
| 2 | persons recently exhibiting violence.
| ||||||
| 3 | (Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
| ||||||
| 4 | Section 575. The Illinois Insurance Code is amended by | ||||||
| 5 | changing Sections 155.24, 401, and 1520 as follows:
| ||||||
| 6 | (215 ILCS 5/155.24) (from Ch. 73, par. 767.24)
| ||||||
| 7 | Sec. 155.24.
Motor Vehicle Theft and Motor Insurance Fraud
| ||||||
| 8 | Reporting and Immunity Law.
| ||||||
| 9 | (a) As used in this Section:
| ||||||
| 10 | (1) "authorized governmental agency" means
the | ||||||
| 11 | Illinois Department of State Police, a local
governmental | ||||||
| 12 | police
department, a county sheriff's office, a State's | ||||||
| 13 | Attorney, the Attorney
General, a municipal
attorney,
a | ||||||
| 14 | United States district attorney, a duly constituted | ||||||
| 15 | criminal investigative
agency of the United States | ||||||
| 16 | government, the Illinois Department of
Insurance, the | ||||||
| 17 | Illinois Department of Professional Regulation
and the | ||||||
| 18 | office of the Illinois Secretary of State;
| ||||||
| 19 | (2) "relevant" means
having a tendency to make the | ||||||
| 20 | existence of any information that is of
consequence
to an | ||||||
| 21 | investigation of motor vehicle theft or insurance fraud | ||||||
| 22 | investigation
or a determination of such issue more | ||||||
| 23 | probable or less probable than it
would be without such | ||||||
| 24 | information;
| ||||||
| |||||||
| |||||||
| 1 | (3) information will be "deemed important"
if within | ||||||
| 2 | the sole discretion of the authorized governmental agency | ||||||
| 3 | such
information is requested by that authorized | ||||||
| 4 | governmental agency;
| ||||||
| 5 | (4) "Illinois authorized governmental agency" means an | ||||||
| 6 | authorized
governmental agency as defined in item (1) that | ||||||
| 7 | is a part of the government
of the State of
Illinois or any | ||||||
| 8 | of the counties or municipalities of this State or any | ||||||
| 9 | other
authorized entity; and
| ||||||
| 10 | (5) For the purposes of this Section and Section | ||||||
| 11 | 155.23, "insurer" means
insurance companies, insurance | ||||||
| 12 | support organizations, self-insured entities,
and other | ||||||
| 13 | providers of insurance products and services doing | ||||||
| 14 | business in the
State of Illinois.
| ||||||
| 15 | (b) Upon written request to an insurer by an authorized | ||||||
| 16 | governmental agency,
an insurer or agent authorized by an | ||||||
| 17 | insurer to act on its behalf shall
release to the requesting | ||||||
| 18 | authorized governmental agency any or all relevant
information | ||||||
| 19 | deemed important to the authorized governmental agency which
| ||||||
| 20 | the insurer may possess relating to any specific motor vehicle | ||||||
| 21 | theft or motor
vehicle insurance fraud. Relevant information | ||||||
| 22 | may include, but is not limited
to:
| ||||||
| 23 | (1) Insurance policy information relevant to the motor | ||||||
| 24 | vehicle theft or
motor vehicle insurance fraud under | ||||||
| 25 | investigation, including any application
for such a | ||||||
| 26 | policy.
| ||||||
| |||||||
| |||||||
| 1 | (2) Policy premium payment records which are | ||||||
| 2 | available.
| ||||||
| 3 | (3) History of previous claims made by the insured.
| ||||||
| 4 | (4) Information relating to the investigation of the | ||||||
| 5 | motor vehicle theft
or motor vehicle insurance fraud, | ||||||
| 6 | including statements of any person, proofs
of loss and | ||||||
| 7 | notice of loss.
| ||||||
| 8 | (c) When an insurer knows or reasonably believes to know | ||||||
| 9 | the identity
of a person whom it has reason to believe | ||||||
| 10 | committed a criminal or fraudulent
act relating to a motor | ||||||
| 11 | vehicle theft or a motor vehicle insurance claim
or has | ||||||
| 12 | knowledge of such a criminal or fraudulent act which is | ||||||
| 13 | reasonably
believed not to have been reported to an authorized | ||||||
| 14 | governmental agency,
then for the purpose of notification and | ||||||
| 15 | investigation, the insurer or an
agent authorized by an insurer | ||||||
| 16 | to act on its behalf shall notify an authorized
governmental | ||||||
| 17 | agency of such knowledge or reasonable belief and provide any
| ||||||
| 18 | additional relevant information in accordance with subsection
| ||||||
| 19 | (b) of this Section. When the motor vehicle
theft or motor | ||||||
| 20 | vehicle claim that gives rise to the suspected criminal or
| ||||||
| 21 | fraudulent act has already generated an incident report to an | ||||||
| 22 | Illinois
authorized governmental agency, the insurer shall | ||||||
| 23 | report the suspected
criminal or fraudulent act to that agency. | ||||||
| 24 | When no prior
incident report has been made, the insurer shall | ||||||
| 25 | report the suspected criminal
or
fraudulent act to the Attorney | ||||||
| 26 | General or State's Attorney in the county or
counties where the | ||||||
| |||||||
| |||||||
| 1 | incident is claimed to have occurred. When the incident
that | ||||||
| 2 | gives rise to the suspected criminal or fraudulent act is | ||||||
| 3 | claimed to have
occurred outside the State of Illinois, but the | ||||||
| 4 | suspected criminal or
fraudulent act occurs within the State of | ||||||
| 5 | Illinois, the insurer shall make the
report to the Attorney | ||||||
| 6 | General or State's Attorney in the county or counties
where the | ||||||
| 7 | suspected criminal or fraudulent act occurred. When the fraud | ||||||
| 8 | occurs
in multiple counties the report shall also be sent to | ||||||
| 9 | the Attorney General.
| ||||||
| 10 | (d) When an insurer provides any of the authorized | ||||||
| 11 | governmental agencies
with notice pursuant to this Section it | ||||||
| 12 | shall be deemed sufficient notice
to all authorized | ||||||
| 13 | governmental agencies for the purpose of this Act.
| ||||||
| 14 | (e) The authorized governmental agency provided with | ||||||
| 15 | information pursuant
to this Section may release or provide | ||||||
| 16 | such information to any other authorized
governmental agency.
| ||||||
| 17 | (f) Any insurer providing information to an authorized | ||||||
| 18 | governmental agency
pursuant to this Section shall have the | ||||||
| 19 | right to request and receive relevant
information from such | ||||||
| 20 | authorized governmental agency, and receive within
a | ||||||
| 21 | reasonable time after the completion of the investigation, not | ||||||
| 22 | to exceed
30 days, the information requested.
| ||||||
| 23 | (g) Any information furnished pursuant to this Section | ||||||
| 24 | shall be privileged
and not a part of any public record. Except | ||||||
| 25 | as otherwise provided by law,
any authorized governmental | ||||||
| 26 | agency, insurer, or an agent authorized by an
insurer to act on | ||||||
| |||||||
| |||||||
| 1 | its behalf which receives any information furnished pursuant
to | ||||||
| 2 | this Section, shall not release such information to public | ||||||
| 3 | inspection.
Such evidence or information shall not be subject | ||||||
| 4 | to subpoena duces tecum
in a civil or criminal proceeding | ||||||
| 5 | unless, after reasonable notice to any
insurer, agent | ||||||
| 6 | authorized by an insurer to act on its behalf and authorized
| ||||||
| 7 | governmental agency which has an interest in such information | ||||||
| 8 | and a hearing,
the court determines that the public interest | ||||||
| 9 | and any ongoing investigation
by the authorized governmental | ||||||
| 10 | agency, insurer, or any agent authorized
by an insurer to act | ||||||
| 11 | on its behalf will not be jeopardized by obedience to
such a | ||||||
| 12 | subpoena duces tecum.
| ||||||
| 13 | (h) No insurer, or agent authorized by an insurer on its | ||||||
| 14 | behalf, authorized
governmental agency or their respective | ||||||
| 15 | employees shall be subject to any
civil or criminal liability | ||||||
| 16 | in a cause of action of any kind for releasing
or receiving any | ||||||
| 17 | information pursuant to this Section. Nothing herein is
| ||||||
| 18 | intended to or does in any way or manner abrogate or lessen the | ||||||
| 19 | common and
statutory law privileges and immunities of an | ||||||
| 20 | insurer, agent authorized
by an insurer to act on its behalf or | ||||||
| 21 | authorized governmental agency or
any of their respective | ||||||
| 22 | employees.
| ||||||
| 23 | (Source: P.A. 92-233, eff. 1-1-02.)
| ||||||
| 24 | (215 ILCS 5/401) (from Ch. 73, par. 1013)
| ||||||
| 25 | Sec. 401. General powers of the director. The Director is | ||||||
| |||||||
| |||||||
| 1 | charged with the rights, powers and duties appertaining
to the | ||||||
| 2 | enforcement and execution of all the insurance laws of this | ||||||
| 3 | State.
He shall have the power
| ||||||
| 4 | (a) to make reasonable rules and regulations as may be | ||||||
| 5 | necessary for
making effective such laws;
| ||||||
| 6 | (b) to conduct such investigations as may be necessary | ||||||
| 7 | to determine
whether any person has violated any provision | ||||||
| 8 | of such insurance laws;
| ||||||
| 9 | (c) to conduct such examinations, investigations and | ||||||
| 10 | hearings in
addition to those specifically provided for, as | ||||||
| 11 | may be necessary and proper
for the efficient | ||||||
| 12 | administration of the insurance laws of this State; and
| ||||||
| 13 | (d) to institute such actions or other lawful | ||||||
| 14 | proceedings as he may deem
necessary for the enforcement of | ||||||
| 15 | the Illinois Insurance Code or of any
Order or action made | ||||||
| 16 | or taken by him under this Code. The Attorney General,
upon | ||||||
| 17 | request of the Director, may proceed in the courts of this | ||||||
| 18 | State to
enforce an Order or decision in any court | ||||||
| 19 | proceeding or in any
administrative proceeding before the | ||||||
| 20 | Director.
| ||||||
| 21 | Whenever the Director is authorized or
required by law to | ||||||
| 22 | consider some aspect of criminal history record
information for | ||||||
| 23 | the purpose of carrying out his statutory powers and
| ||||||
| 24 | responsibilities, then, upon request and payment of fees in | ||||||
| 25 | conformance
with the requirements of Section 2605-400 of the | ||||||
| 26 | Illinois Department of State Police Law
(20 ILCS | ||||||
| |||||||
| |||||||
| 1 | 2605/2605-400), the Illinois Department of State Police is
| ||||||
| 2 | authorized to furnish, pursuant to positive identification, | ||||||
| 3 | such
information contained in State files as is necessary to | ||||||
| 4 | meet the
requirements of such authorization or statutes.
| ||||||
| 5 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 6 | (215 ILCS 5/1520)
| ||||||
| 7 | Sec. 1520. Application for license. | ||||||
| 8 | (a) A person applying for a public adjuster license shall | ||||||
| 9 | make application to the Director on the appropriate uniform | ||||||
| 10 | application or other application prescribed by the Director. | ||||||
| 11 | (b) The applicant shall declare under penalty of perjury | ||||||
| 12 | and under penalty of refusal, suspension, or revocation of the | ||||||
| 13 | license that the statements made in the application are true, | ||||||
| 14 | correct, and complete to the best of the applicant's knowledge | ||||||
| 15 | and belief. | ||||||
| 16 | (c) In order to make a determination of license | ||||||
| 17 | eligibility, the Director is authorized to require all | ||||||
| 18 | applicants for licensing, including renewal applicants, to | ||||||
| 19 | undergo a fingerprint-based criminal history record check for | ||||||
| 20 | the first year following the effective date of this amendatory | ||||||
| 21 | Act of the 97th General Assembly. The fingerprints and the fee | ||||||
| 22 | required to perform the criminal history record checks shall be | ||||||
| 23 | submitted to the Illinois Department of State Police and the | ||||||
| 24 | Federal Bureau of Investigation (FBI) to conduct a State and | ||||||
| 25 | national criminal history record check. The Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State Police and the Federal Bureau of | ||||||
| 2 | Investigation shall furnish to the Department of Insurance all | ||||||
| 3 | records of convictions, unless or until expunged, pursuant to | ||||||
| 4 | the fingerprint-based criminal history records check. The | ||||||
| 5 | Illinois Department of State Police shall charge a fee for | ||||||
| 6 | conducting such checks, which fee shall be deposited into the | ||||||
| 7 | State Police Services Fund and shall not exceed the cost of the | ||||||
| 8 | inquiry. The applicant shall be required to pay all fees | ||||||
| 9 | associated with conducting the criminal history record check. | ||||||
| 10 | (d) The Director may adopt rules to establish procedures | ||||||
| 11 | necessary to carry out the requirements of subsection (c) of | ||||||
| 12 | this Section. | ||||||
| 13 | (e) The Director is authorized to submit electronic | ||||||
| 14 | fingerprint records and necessary identifying information to | ||||||
| 15 | the NAIC, its affiliates, or subsidiaries for permanent | ||||||
| 16 | retention in a centralized repository. The purpose of such a | ||||||
| 17 | centralized repository is to provide Directors with access to | ||||||
| 18 | fingerprint records in order to perform criminal history record | ||||||
| 19 | checks. | ||||||
| 20 | (f) Until such time as the Director can obtain and receive | ||||||
| 21 | national criminal history records, the applicant shall obtain a | ||||||
| 22 | copy of his or her fingerprints and complete criminal history | ||||||
| 23 | record from the FBI Criminal Justice Information Services | ||||||
| 24 | Division and the Illinois State Police and provide such | ||||||
| 25 | information to the Department of Insurance.
| ||||||
| 26 | (Source: P.A. 96-1332, eff. 1-1-11; 97-207, eff. 7-28-11.)
| ||||||
| |||||||
| |||||||
| 1 | Section 580. The Public Utilities Act is amended by | ||||||
| 2 | changing Section 4-101 as follows:
| ||||||
| 3 | (220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
| ||||||
| 4 | Sec. 4-101. The Commerce Commission shall have general | ||||||
| 5 | supervision of all
public utilities, except as otherwise | ||||||
| 6 | provided in this Act, shall inquire into
the management of the | ||||||
| 7 | business thereof and shall keep itself informed as to the
| ||||||
| 8 | manner and method in which the business is conducted. It shall | ||||||
| 9 | examine those
public utilities and keep informed as to their | ||||||
| 10 | general condition, their
franchises, capitalization, rates and | ||||||
| 11 | other charges, and the manner in which
their plants, equipment | ||||||
| 12 | and other property owned, leased, controlled or
operated are | ||||||
| 13 | managed, conducted and operated, not only with respect to the
| ||||||
| 14 | adequacy, security and accommodation afforded by their service | ||||||
| 15 | but also with
respect to their compliance with this Act and any | ||||||
| 16 | other law, with the orders
of the Commission and with the | ||||||
| 17 | charter and franchise requirements.
| ||||||
| 18 | Whenever the Commission is authorized or required
by law to | ||||||
| 19 | consider some aspect of criminal history record information for
| ||||||
| 20 | the purpose of carrying out its statutory powers and | ||||||
| 21 | responsibilities,
then, upon request and payment of fees in | ||||||
| 22 | conformance with the requirements
of Section 2605-400 of the | ||||||
| 23 | Illinois Department of State Police Law (20 ILCS
| ||||||
| 24 | 2605/2605-400), the Illinois Department of State Police is | ||||||
| |||||||
| |||||||
| 1 | authorized to furnish,
pursuant to positive identification, | ||||||
| 2 | such information contained in State
files as is necessary to | ||||||
| 3 | fulfill the request. | ||||||
| 4 | The Commission shall require all public utilities to | ||||||
| 5 | establish a security policy that includes on-site safeguards to | ||||||
| 6 | restrict physical or electronic access to critical | ||||||
| 7 | infrastructure and computerized control and data systems. The | ||||||
| 8 | Commission shall maintain a record of and each regulated entity | ||||||
| 9 | shall provide to the Commission an annual affidavit signed by a | ||||||
| 10 | representative of the regulated entity that states:
| ||||||
| 11 | (1) that the entity has a security policy in place; | ||||||
| 12 | (2) that the entity has conducted at least one practice | ||||||
| 13 | exercise based on the security policy within the 12 months | ||||||
| 14 | immediately preceding the date of the affidavit; and | ||||||
| 15 | (3) with respect to any entity that is an electric | ||||||
| 16 | public utility, that the entity follows, at a minimum, the | ||||||
| 17 | most current security standards set forth by the North | ||||||
| 18 | American Electric Reliability Council.
| ||||||
| 19 | (Source: P.A. 94-480, eff. 1-1-06; 94-735, eff. 5-1-06.)
| ||||||
| 20 | Section 585. The Child Care Act of 1969 is amended by | ||||||
| 21 | changing Section 4.1 as follows:
| ||||||
| 22 | (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
| ||||||
| 23 | Sec. 4.1. Criminal Background Investigations. The | ||||||
| 24 | Department shall
require that each child care facility license | ||||||
| |||||||
| |||||||
| 1 | applicant as part of the
application process, and each employee | ||||||
| 2 | and volunteer of a child care facility or non-licensed service | ||||||
| 3 | provider, as a
condition of employment, authorize an | ||||||
| 4 | investigation to determine if such
applicant, employee, or | ||||||
| 5 | volunteer has ever been charged with a crime and if so, the
| ||||||
| 6 | disposition of those charges; this authorization shall | ||||||
| 7 | indicate the scope of
the inquiry and the agencies which may be | ||||||
| 8 | contacted. Upon this
authorization, the Director shall request | ||||||
| 9 | and receive information and
assistance from any federal, State | ||||||
| 10 | or local governmental agency as part of
the authorized | ||||||
| 11 | investigation.
Each applicant, employee, or volunteer of a | ||||||
| 12 | child care facility or non-licensed service provider shall | ||||||
| 13 | submit his or her fingerprints to the Illinois Department of | ||||||
| 14 | State Police in the form and manner prescribed by the Illinois | ||||||
| 15 | Department of State Police. These fingerprints shall be checked | ||||||
| 16 | against the fingerprint records
now and hereafter filed in the | ||||||
| 17 | Illinois Department of State Police and Federal Bureau of | ||||||
| 18 | Investigation criminal history records
databases. The Illinois | ||||||
| 19 | Department of State Police shall charge
a fee for conducting | ||||||
| 20 | the criminal history records check, which shall be
deposited in | ||||||
| 21 | the State Police Services Fund and shall not exceed the actual
| ||||||
| 22 | cost of the records check.
The Illinois Department of State | ||||||
| 23 | Police shall provide
information concerning any criminal | ||||||
| 24 | charges, and their disposition, now or
hereafter filed, against | ||||||
| 25 | an applicant, employee, or volunteer of a child care facility | ||||||
| 26 | or non-licensed service provider upon
request of the Department | ||||||
| |||||||
| |||||||
| 1 | of Children and Family Services when the request
is made in the | ||||||
| 2 | form and manner required by the Illinois Department of State | ||||||
| 3 | Police.
| ||||||
| 4 | Information concerning convictions of a license applicant, | ||||||
| 5 | employee, or volunteer of a child care facility or non-licensed | ||||||
| 6 | service provider investigated
under this Section, including | ||||||
| 7 | the source of the information and any
conclusions or | ||||||
| 8 | recommendations derived from the information, shall be
| ||||||
| 9 | provided, upon request, to such applicant, employee, or | ||||||
| 10 | volunteer of a child care facility or non-licensed service | ||||||
| 11 | provider prior to final action by the
Department on the | ||||||
| 12 | application.
State
conviction information provided by the | ||||||
| 13 | Illinois Department of State Police regarding
employees,
| ||||||
| 14 | prospective employees, or volunteers of non-licensed service | ||||||
| 15 | providers and child care facilities licensed under this Act
| ||||||
| 16 | shall be provided to the operator of such facility, and, upon | ||||||
| 17 | request, to
the employee, prospective employee, or volunteer of | ||||||
| 18 | a child care facility or non-licensed service provider. Any | ||||||
| 19 | information concerning criminal
charges and the disposition of | ||||||
| 20 | such charges obtained by the Department
shall be confidential | ||||||
| 21 | and may not be transmitted outside the Department,
except as | ||||||
| 22 | required herein, and may not be transmitted to anyone within | ||||||
| 23 | the
Department except as needed for the purpose of evaluating | ||||||
| 24 | an application or an
employee or volunteer of a child care | ||||||
| 25 | facility or non-licensed service provider. Only information | ||||||
| 26 | and standards which bear a
reasonable and rational relation to | ||||||
| |||||||
| |||||||
| 1 | the performance of a child care
facility shall be used by the | ||||||
| 2 | Department or any licensee. Any employee of
the Department of | ||||||
| 3 | Children and Family Services, Illinois Department of State | ||||||
| 4 | Police,
or a child care facility receiving confidential | ||||||
| 5 | information under this
Section who gives or causes to be given | ||||||
| 6 | any confidential information
concerning any criminal | ||||||
| 7 | convictions of an applicant, employee, or volunteer of a child | ||||||
| 8 | care facility or non-licensed service provider, shall be guilty | ||||||
| 9 | of a Class A misdemeanor
unless release of such information is | ||||||
| 10 | authorized by this Section.
| ||||||
| 11 | A child care facility may hire, on a probationary basis, | ||||||
| 12 | any employee or volunteer of a child care facility or | ||||||
| 13 | non-licensed service provider
authorizing a criminal | ||||||
| 14 | background investigation under this Section, pending
the | ||||||
| 15 | result of such investigation. Employees and volunteers of a | ||||||
| 16 | child care facility or non-licensed service provider shall be | ||||||
| 17 | notified prior to
hiring that such employment may be terminated | ||||||
| 18 | on the basis of criminal
background information obtained by the | ||||||
| 19 | facility.
| ||||||
| 20 | (Source: P.A. 98-570, eff. 8-27-13.)
| ||||||
| 21 | Section 590. The Health Care Worker Background Check Act is | ||||||
| 22 | amended by changing Sections 15, 33, 45, 65, and 70 as follows:
| ||||||
| 23 | (225 ILCS 46/15)
| ||||||
| 24 | Sec. 15. Definitions. In this Act:
| ||||||
| |||||||
| |||||||
| 1 | "Applicant" means an individual enrolling in a training | ||||||
| 2 | program, seeking employment, whether paid or on a volunteer | ||||||
| 3 | basis, with a health care
employer who has received a bona fide | ||||||
| 4 | conditional offer of employment.
| ||||||
| 5 | "Conditional offer of employment" means a bona fide offer | ||||||
| 6 | of employment by a
health care employer to an applicant, which | ||||||
| 7 | is contingent upon the receipt of a
report from the Department | ||||||
| 8 | of Public Health indicating that the applicant does
not have a | ||||||
| 9 | record of conviction of any of the criminal offenses enumerated | ||||||
| 10 | in
Section 25.
| ||||||
| 11 | "Department" means the Department of Public Health. | ||||||
| 12 | "Direct care" means the provision of nursing care or | ||||||
| 13 | assistance with feeding,
dressing, movement, bathing, | ||||||
| 14 | toileting, or other personal needs, including home services as | ||||||
| 15 | defined in the Home Health, Home Services, and Home Nursing | ||||||
| 16 | Agency Licensing Act. The entity
responsible for inspecting and | ||||||
| 17 | licensing, certifying, or registering the
health care employer | ||||||
| 18 | may, by administrative rule, prescribe guidelines for
| ||||||
| 19 | interpreting this definition with regard to the health care | ||||||
| 20 | employers that it
licenses.
| ||||||
| 21 | "Director" means the Director of Public Health. | ||||||
| 22 | "Disqualifying offenses" means those offenses set forth in | ||||||
| 23 | Section 25 of this Act. | ||||||
| 24 | "Employee" means any individual hired, employed, or | ||||||
| 25 | retained, whether paid or on a volunteer basis, to which this | ||||||
| 26 | Act applies. | ||||||
| |||||||
| |||||||
| 1 | "Finding" means the Department's determination of whether | ||||||
| 2 | an allegation is verified and substantiated. | ||||||
| 3 | "Fingerprint-based criminal history records check" means a | ||||||
| 4 | livescan fingerprint-based criminal history records check | ||||||
| 5 | submitted as a fee applicant inquiry in the form and manner | ||||||
| 6 | prescribed by the Illinois Department of State Police.
| ||||||
| 7 | "Health care employer" means:
| ||||||
| 8 | (1) the owner or licensee of any of the
following:
| ||||||
| 9 | (i) a community living facility, as defined in the | ||||||
| 10 | Community Living
Facilities Act;
| ||||||
| 11 | (ii) a life care facility, as defined in the Life | ||||||
| 12 | Care Facilities Act;
| ||||||
| 13 | (iii) a long-term care facility;
| ||||||
| 14 | (iv) a home health agency, home services agency, or | ||||||
| 15 | home nursing agency as defined in the Home Health, Home | ||||||
| 16 | Services, and Home Nursing Agency Licensing
Act;
| ||||||
| 17 | (v) a hospice care program or volunteer hospice | ||||||
| 18 | program, as defined in the Hospice Program Licensing | ||||||
| 19 | Act;
| ||||||
| 20 | (vi) a hospital, as defined in the Hospital | ||||||
| 21 | Licensing Act;
| ||||||
| 22 | (vii) (blank);
| ||||||
| 23 | (viii) a nurse agency, as defined in the Nurse | ||||||
| 24 | Agency Licensing Act;
| ||||||
| 25 | (ix) a respite care provider, as defined in the | ||||||
| 26 | Respite Program Act;
| ||||||
| |||||||
| |||||||
| 1 | (ix-a) an establishment licensed under the | ||||||
| 2 | Assisted Living and Shared
Housing Act;
| ||||||
| 3 | (x) a supportive living program, as defined in the | ||||||
| 4 | Illinois Public Aid
Code;
| ||||||
| 5 | (xi) early childhood intervention programs as | ||||||
| 6 | described in 59 Ill. Adm.
Code 121;
| ||||||
| 7 | (xii) the University of Illinois Hospital, | ||||||
| 8 | Chicago;
| ||||||
| 9 | (xiii) programs funded by the Department on Aging | ||||||
| 10 | through the Community
Care Program;
| ||||||
| 11 | (xiv) programs certified to participate in the | ||||||
| 12 | Supportive Living Program
authorized pursuant to | ||||||
| 13 | Section 5-5.01a of the Illinois Public Aid Code;
| ||||||
| 14 | (xv) programs listed by the Emergency Medical | ||||||
| 15 | Services (EMS) Systems Act
as
Freestanding Emergency | ||||||
| 16 | Centers;
| ||||||
| 17 | (xvi) locations licensed under the Alternative | ||||||
| 18 | Health Care Delivery
Act;
| ||||||
| 19 | (2) a day training program certified by the Department | ||||||
| 20 | of Human Services;
| ||||||
| 21 | (3) a community integrated living arrangement operated | ||||||
| 22 | by a community
mental health and developmental service | ||||||
| 23 | agency, as defined in the
Community-Integrated Living | ||||||
| 24 | Arrangements Licensing and Certification Act; or
| ||||||
| 25 | (4) the State Long Term Care Ombudsman Program, | ||||||
| 26 | including any regional long term care ombudsman programs | ||||||
| |||||||
| |||||||
| 1 | under Section 4.04 of the Illinois Act on the Aging, only | ||||||
| 2 | for the purpose of securing background checks.
| ||||||
| 3 | "Initiate" means obtaining from
a student, applicant, or | ||||||
| 4 | employee his or her social security number, demographics, a | ||||||
| 5 | disclosure statement, and an authorization for the Department | ||||||
| 6 | of Public Health or its designee to request a fingerprint-based | ||||||
| 7 | criminal history records check; transmitting this information | ||||||
| 8 | electronically to the Department of Public Health; conducting | ||||||
| 9 | Internet searches on certain web sites, including without | ||||||
| 10 | limitation the Illinois Sex Offender Registry, the Department | ||||||
| 11 | of Corrections' Sex Offender Search Engine, the Department of | ||||||
| 12 | Corrections' Inmate Search Engine, the Department of | ||||||
| 13 | Corrections Wanted Fugitives Search Engine, the National Sex | ||||||
| 14 | Offender Public Registry, and the List of Excluded Individuals | ||||||
| 15 | and Entities database on the website of the Health and Human | ||||||
| 16 | Services Office of Inspector General to determine if the | ||||||
| 17 | applicant has been adjudicated a sex offender, has been a | ||||||
| 18 | prison inmate, or has committed Medicare or Medicaid fraud, or | ||||||
| 19 | conducting similar searches as defined by rule; and having the | ||||||
| 20 | student, applicant, or employee's fingerprints collected and | ||||||
| 21 | transmitted electronically to the Illinois Department of State | ||||||
| 22 | Police.
| ||||||
| 23 | "Livescan vendor" means an entity whose equipment has been | ||||||
| 24 | certified by the Illinois Department of State Police to collect | ||||||
| 25 | an individual's demographics and inkless fingerprints and, in a | ||||||
| 26 | manner prescribed by the Illinois Department of State Police | ||||||
| |||||||
| |||||||
| 1 | and the Department of Public Health, electronically transmit | ||||||
| 2 | the fingerprints and required data to the Illinois Department | ||||||
| 3 | of State Police and a daily file of required data to the | ||||||
| 4 | Department of Public Health. The Department of Public Health | ||||||
| 5 | shall negotiate a contract with one or more vendors that | ||||||
| 6 | effectively demonstrate that the vendor has 2 or more years of | ||||||
| 7 | experience transmitting fingerprints electronically to the | ||||||
| 8 | Illinois Department of State Police and that the vendor can | ||||||
| 9 | successfully transmit the required data in a manner prescribed | ||||||
| 10 | by the Department of Public Health. Vendor authorization may be | ||||||
| 11 | further defined by administrative rule.
| ||||||
| 12 | "Long-term care facility" means a facility licensed by the | ||||||
| 13 | State or certified under federal law as a long-term care | ||||||
| 14 | facility, including without limitation facilities licensed | ||||||
| 15 | under the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 16 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 17 | the MC/DD Act, a supportive living facility, an assisted living | ||||||
| 18 | establishment, or a shared housing establishment or registered | ||||||
| 19 | as a board and care home.
| ||||||
| 20 | "Resident" means a person, individual, or patient under the | ||||||
| 21 | direct care of a health care employer or who has been provided | ||||||
| 22 | goods or services by a health care employer. | ||||||
| 23 | (Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)
| ||||||
| 24 | (225 ILCS 46/33) | ||||||
| 25 | Sec. 33. Fingerprint-based criminal history records check. | ||||||
| |||||||
| |||||||
| 1 | (a) A fingerprint-based criminal history records check is | ||||||
| 2 | not required for health care employees who have been | ||||||
| 3 | continuously employed by a health care employer since October | ||||||
| 4 | 1, 2007, have met the requirements for criminal history | ||||||
| 5 | background checks prior to October 1, 2007, and have no | ||||||
| 6 | disqualifying convictions or requested and received a waiver of | ||||||
| 7 | those disqualifying convictions. These employees shall be | ||||||
| 8 | retained on the Health Care Worker Registry as long as they | ||||||
| 9 | remain active. Nothing in this subsection (a) shall be | ||||||
| 10 | construed to prohibit a health care employer from initiating a | ||||||
| 11 | criminal history records check for these employees. Should | ||||||
| 12 | these employees seek a new position with a different health | ||||||
| 13 | care employer, then a fingerprint-based criminal history | ||||||
| 14 | records check shall be required.
| ||||||
| 15 | (b) On October 1, 2007 or as soon thereafter as is | ||||||
| 16 | reasonably practical, in the discretion of the Director of | ||||||
| 17 | Public Health, and thereafter, any student,
applicant, or | ||||||
| 18 | employee who desires to be included on the Department of Public | ||||||
| 19 | Health's Health Care Worker Registry shall authorize the | ||||||
| 20 | Department of Public Health or its designee to request a | ||||||
| 21 | fingerprint-based criminal history records check to determine | ||||||
| 22 | if the individual has a conviction for a disqualifying offense. | ||||||
| 23 | This authorization shall allow the Department of Public Health | ||||||
| 24 | to request and receive information and assistance from any | ||||||
| 25 | State or governmental agency. Each individual shall submit his | ||||||
| 26 | or her fingerprints to the Illinois Department of State Police | ||||||
| |||||||
| |||||||
| 1 | in an electronic format that complies with the form and manner | ||||||
| 2 | for requesting and furnishing criminal history record | ||||||
| 3 | information prescribed by the Illinois Department of State | ||||||
| 4 | Police. The fingerprints submitted under this Section shall be | ||||||
| 5 | checked against the fingerprint records now and hereafter filed | ||||||
| 6 | in the Illinois Department of State Police criminal history | ||||||
| 7 | record databases. The Illinois Department of State Police shall | ||||||
| 8 | charge a fee for conducting the criminal history records check, | ||||||
| 9 | which shall not exceed the actual cost of the records check. | ||||||
| 10 | The livescan vendor may act as the designee for individuals, | ||||||
| 11 | educational entities, or health care employers in the | ||||||
| 12 | collection of Illinois Department of State Police fees and | ||||||
| 13 | deposit those fees into the State Police Services Fund. The | ||||||
| 14 | Illinois Department of State Police shall provide information | ||||||
| 15 | concerning any criminal convictions, now or hereafter filed, | ||||||
| 16 | against the individual. | ||||||
| 17 | (c) On October 1, 2007 or as soon thereafter as is | ||||||
| 18 | reasonably practical, in the discretion of the Director of | ||||||
| 19 | Public Health, and thereafter, an educational
entity, other | ||||||
| 20 | than a secondary school, conducting a nurse aide training | ||||||
| 21 | program shall initiate a fingerprint-based criminal history | ||||||
| 22 | records check required by this Act prior to entry of an | ||||||
| 23 | individual into the training program. | ||||||
| 24 | (d) On October 1, 2007 or as soon thereafter as is | ||||||
| 25 | reasonably practical, in the discretion of the Director of | ||||||
| 26 | Public Health, and thereafter, a health care
employer who makes | ||||||
| |||||||
| |||||||
| 1 | a conditional offer of employment to an applicant for a | ||||||
| 2 | position as an employee shall initiate a fingerprint-based | ||||||
| 3 | criminal history record check, requested by the Department of | ||||||
| 4 | Public Health, on the applicant, if such a background check has | ||||||
| 5 | not been previously conducted. Workforce intermediaries and | ||||||
| 6 | organizations providing pro bono legal services may initiate a | ||||||
| 7 | fingerprint-based criminal history record check if a | ||||||
| 8 | conditional offer of employment has not been made and a | ||||||
| 9 | background check has not been previously conducted for an | ||||||
| 10 | individual who has a disqualifying conviction and is receiving | ||||||
| 11 | services from a workforce intermediary or an organization | ||||||
| 12 | providing pro bono legal services. | ||||||
| 13 | (e) When initiating a background check requested by the
| ||||||
| 14 | Department of Public Health, an educational entity, health care | ||||||
| 15 | employer, workforce intermediary, or organization that | ||||||
| 16 | provides pro bono legal services shall electronically submit to | ||||||
| 17 | the Department of Public Health the student's, applicant's, or | ||||||
| 18 | employee's social security number, demographics, disclosure, | ||||||
| 19 | and authorization information in a format prescribed by the | ||||||
| 20 | Department of Public Health within 2 working days after the | ||||||
| 21 | authorization is secured. The student, applicant, or employee | ||||||
| 22 | shall have his or her fingerprints collected electronically and | ||||||
| 23 | transmitted to the Illinois Department of State Police within | ||||||
| 24 | 10 working days. The educational entity, health care employer, | ||||||
| 25 | workforce intermediary, or organization that provides pro bono | ||||||
| 26 | legal services shall transmit all necessary information and | ||||||
| |||||||
| |||||||
| 1 | fees to the livescan vendor and Illinois Department of State | ||||||
| 2 | Police within 10 working days after receipt of the | ||||||
| 3 | authorization. This information and the results of the criminal | ||||||
| 4 | history record checks shall be maintained by the Department of | ||||||
| 5 | Public Health's Health Care Worker Registry. | ||||||
| 6 | (f) A direct care employer may initiate a fingerprint-based | ||||||
| 7 | background check required by this Act for any of its employees, | ||||||
| 8 | but may not use this process to initiate background checks for | ||||||
| 9 | residents. The results of any fingerprint-based background | ||||||
| 10 | check that is initiated with the Department as the requester | ||||||
| 11 | shall be entered in the Health Care Worker Registry. | ||||||
| 12 | (g) As long as the employee or trainee has had a | ||||||
| 13 | fingerprint-based criminal history record check required by | ||||||
| 14 | this Act and stays active on the Health Care Worker Registry, | ||||||
| 15 | no further criminal history record checks are required, as the | ||||||
| 16 | Illinois Department of State Police shall notify the Department | ||||||
| 17 | of Public Health of any additional convictions associated with | ||||||
| 18 | the fingerprints previously submitted. Health care employers | ||||||
| 19 | shall check the Health Care Worker Registry before hiring an | ||||||
| 20 | employee to determine that the individual has had a | ||||||
| 21 | fingerprint-based record check required by this Act and has no | ||||||
| 22 | disqualifying convictions or has been granted a waiver pursuant | ||||||
| 23 | to Section 40 of this Act. If the individual has not had such a | ||||||
| 24 | background check or is not active on the Health Care Worker | ||||||
| 25 | Registry, then the health care employer shall initiate a | ||||||
| 26 | fingerprint-based record check requested by the Department of | ||||||
| |||||||
| |||||||
| 1 | Public Health. If an individual is inactive on the Health Care | ||||||
| 2 | Worker Registry, that individual is prohibited from being hired | ||||||
| 3 | to work as a certified nursing assistant if, since the | ||||||
| 4 | individual's most recent completion of a competency test, there | ||||||
| 5 | has been a period of 24 consecutive months during which the | ||||||
| 6 | individual has not provided nursing or nursing-related | ||||||
| 7 | services for pay. If the individual can provide proof of having | ||||||
| 8 | retained his or her certification by not having a | ||||||
| 9 | 24-consecutive-month break in service for pay, he or she may be | ||||||
| 10 | hired as a certified nursing assistant and that employment | ||||||
| 11 | information shall be entered into the Health Care Worker | ||||||
| 12 | Registry. | ||||||
| 13 | (h) On October 1, 2007 or as soon thereafter as is | ||||||
| 14 | reasonably practical, in the discretion of the Director of | ||||||
| 15 | Public Health, and thereafter, if the Illinois Department of | ||||||
| 16 | State Police notifies the Department of Public Health that an | ||||||
| 17 | employee has a new conviction of a disqualifying offense, based | ||||||
| 18 | upon the fingerprints that were previously submitted, then (i) | ||||||
| 19 | the Health Care Worker Registry shall notify the employee's | ||||||
| 20 | last known employer of the offense, (ii) a record of the | ||||||
| 21 | employee's disqualifying offense shall be entered on the Health | ||||||
| 22 | Care Worker Registry, and (iii) the individual shall no longer | ||||||
| 23 | be eligible to work as an employee unless he or she obtains a | ||||||
| 24 | waiver pursuant to Section 40 of this Act. | ||||||
| 25 | (i) On October 1, 2007, or as soon thereafter, in the | ||||||
| 26 | discretion of the Director of Public Health, as is reasonably | ||||||
| |||||||
| |||||||
| 1 | practical, and thereafter, each direct care employer or its | ||||||
| 2 | designee shall provide an employment verification for each | ||||||
| 3 | employee no less than annually. The direct care employer or its | ||||||
| 4 | designee shall log into the Health Care Worker Registry through | ||||||
| 5 | a secure login. The health care employer or its designee shall | ||||||
| 6 | indicate employment and termination dates within 30 days after | ||||||
| 7 | hiring or terminating an employee, as well as the employment | ||||||
| 8 | category and type. Failure to comply with this subsection (i) | ||||||
| 9 | constitutes a licensing violation. A fine of up to $500 may be | ||||||
| 10 | imposed for failure to maintain these records. This information | ||||||
| 11 | shall be used by the Department of Public Health to notify the | ||||||
| 12 | last known employer of any disqualifying offenses that are | ||||||
| 13 | reported by the Illinois Department of State Police.
| ||||||
| 14 | (j) In the event that an applicant or employee has a waiver | ||||||
| 15 | for one or more disqualifying offenses pursuant to Section 40 | ||||||
| 16 | of this Act and he or she is otherwise eligible to work, the | ||||||
| 17 | Health Care Worker Registry shall indicate that the applicant | ||||||
| 18 | or employee is eligible to work and that additional information | ||||||
| 19 | is available on the Health Care Worker Registry. The Health | ||||||
| 20 | Care Worker Registry may indicate that the applicant or | ||||||
| 21 | employee has received a waiver. | ||||||
| 22 | (k) The student, applicant, or employee shall be notified
| ||||||
| 23 | of each of the following whenever a fingerprint-based criminal | ||||||
| 24 | history records check is required: | ||||||
| 25 | (1) That the educational entity, health care
employer, | ||||||
| 26 | or long-term care facility shall initiate a | ||||||
| |||||||
| |||||||
| 1 | fingerprint-based criminal history record check required | ||||||
| 2 | by this Act of the student, applicant, or employee. | ||||||
| 3 | (2) That the student, applicant, or employee has a
| ||||||
| 4 | right to obtain a copy of the criminal records report that | ||||||
| 5 | indicates a conviction for a disqualifying offense and | ||||||
| 6 | challenge the accuracy and completeness of the report | ||||||
| 7 | through an established Illinois Department of State Police | ||||||
| 8 | procedure of Access and Review. | ||||||
| 9 | (3) That the applicant, if hired conditionally, may
be | ||||||
| 10 | terminated if the criminal records report indicates that | ||||||
| 11 | the applicant has a record of a conviction of any of the | ||||||
| 12 | criminal offenses enumerated in Section 25, unless the | ||||||
| 13 | applicant obtains a waiver pursuant to Section 40 of this | ||||||
| 14 | Act. | ||||||
| 15 | (4) That the applicant, if not hired conditionally,
| ||||||
| 16 | shall not be hired if the criminal records report indicates | ||||||
| 17 | that the applicant has a record of a conviction of any of | ||||||
| 18 | the criminal offenses enumerated in Section 25, unless the | ||||||
| 19 | applicant obtains a waiver pursuant to Section 40 of this | ||||||
| 20 | Act. | ||||||
| 21 | (5) That the employee shall be terminated if the
| ||||||
| 22 | criminal records report indicates that the employee has a | ||||||
| 23 | record of a conviction of any of the criminal offenses | ||||||
| 24 | enumerated in Section 25. | ||||||
| 25 | (6) If, after the employee has originally been | ||||||
| 26 | determined not to have disqualifying offenses, the | ||||||
| |||||||
| |||||||
| 1 | employer is notified that the employee has a new | ||||||
| 2 | conviction(s) of any of the criminal offenses enumerated in | ||||||
| 3 | Section 25, then the employee shall be terminated. | ||||||
| 4 | (l) A health care employer or long-term care facility may
| ||||||
| 5 | conditionally employ an applicant for up to 3 months pending | ||||||
| 6 | the results of a fingerprint-based criminal history record | ||||||
| 7 | check requested by the Department of Public Health. | ||||||
| 8 | (m) The Department of Public Health or an entity
| ||||||
| 9 | responsible for inspecting, licensing, certifying, or | ||||||
| 10 | registering the health care employer or long-term care facility | ||||||
| 11 | shall be immune from liability for notices given based on the | ||||||
| 12 | results of a fingerprint-based criminal history record check.
| ||||||
| 13 | (n) As used in this Section: | ||||||
| 14 | "Workforce intermediaries" means organizations that | ||||||
| 15 | function to provide job training and employment services. | ||||||
| 16 | Workforce intermediaries include institutions of higher | ||||||
| 17 | education, faith-based and community organizations, and | ||||||
| 18 | workforce investment boards. | ||||||
| 19 | "Organizations providing pro bono legal services" means | ||||||
| 20 | legal services performed without compensation or at a | ||||||
| 21 | significantly reduced cost to the recipient that provide | ||||||
| 22 | services designed to help individuals overcome statutory | ||||||
| 23 | barriers that would prevent them from entering positions in the | ||||||
| 24 | healthcare industry. | ||||||
| 25 | (Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 46/45)
| ||||||
| 2 | Sec. 45. Application fees. Except as otherwise provided in | ||||||
| 3 | this Act, the
student, applicant, or
employee, other than a | ||||||
| 4 | nurse aide, may be required to pay all related
application and | ||||||
| 5 | fingerprinting fees
including, but not limited to, the amounts | ||||||
| 6 | established by the Illinois Department of State Police
to | ||||||
| 7 | process fingerprint-based criminal history
records checks. If | ||||||
| 8 | a
health care employer certified to participate in the Medicaid | ||||||
| 9 | program pays the
fees, the fees shall be
a direct pass-through | ||||||
| 10 | on the cost report submitted by the employer to the
Medicaid | ||||||
| 11 | agency.
| ||||||
| 12 | (Source: P.A. 95-120, eff. 8-13-07.)
| ||||||
| 13 | (225 ILCS 46/65)
| ||||||
| 14 | Sec. 65. Health Care Worker Task Force. A Health Care | ||||||
| 15 | Worker Task Force
shall be appointed to study and make | ||||||
| 16 | recommendations on statutory changes to
this Act.
| ||||||
| 17 | (a) The Task Force shall monitor the status of the | ||||||
| 18 | implementation of this
Act and monitor complaint | ||||||
| 19 | investigations relating to this Act by the Department
on Aging, | ||||||
| 20 | Department of Public Health, Department of Professional | ||||||
| 21 | Regulation,
and the Department of Human Services to determine | ||||||
| 22 | the criminal background, if
any, of health care workers who | ||||||
| 23 | have had findings of abuse, theft, or
exploitation.
| ||||||
| 24 | (b) The Task Force shall make recommendations concerning | ||||||
| 25 | modifications to
the list of offenses enumerated in Section 25, | ||||||
| |||||||
| |||||||
| 1 | including time limits on all or
some of the disqualifying | ||||||
| 2 | offenses, and any other necessary or desirable
changes to the | ||||||
| 3 | Act.
| ||||||
| 4 | (c) In the event that proposed rules or changes are | ||||||
| 5 | properly submitted to the Task Force and the Task Force fails | ||||||
| 6 | to advise the Department within 90 days after receipt of the | ||||||
| 7 | proposed rules or changes, final action shall be deemed to have | ||||||
| 8 | been taken by the Task Force concerning the proposed rules or | ||||||
| 9 | changes.
| ||||||
| 10 | (d) The Task Force shall be composed of the following | ||||||
| 11 | members, who shall
serve without pay:
| ||||||
| 12 | (1) a chairman knowledgeable about health care issues, | ||||||
| 13 | who shall be
appointed by the Governor;
| ||||||
| 14 | (2) the Director of Public Health or his or her | ||||||
| 15 | designee;
| ||||||
| 16 | (3) the Director of the Illinois State Police or his or | ||||||
| 17 | her designee;
| ||||||
| 18 | (3.5) the Director of Healthcare and Family Services or | ||||||
| 19 | his or her designee;
| ||||||
| 20 | (3.6) the Secretary of Human Services or his or her | ||||||
| 21 | designee;
| ||||||
| 22 | (3.7) the Director of Aging or his or her designee;
| ||||||
| 23 | (4) 2 representatives of health care providers, who | ||||||
| 24 | shall be appointed
by the Governor;
| ||||||
| 25 | (5) 2 representatives of health care employees, who | ||||||
| 26 | shall be appointed
by the Governor;
| ||||||
| |||||||
| |||||||
| 1 | (5.5) a representative of a Community Care homemaker | ||||||
| 2 | program, who shall
be appointed by the Governor;
| ||||||
| 3 | (6) a representative of the general public who has an | ||||||
| 4 | interest in health
care, who shall be appointed by the | ||||||
| 5 | Governor; and
| ||||||
| 6 | (7) 4 members of the General Assembly, one appointed by | ||||||
| 7 | the Speaker of
the House, one appointed by the House | ||||||
| 8 | Minority Leader, one appointed by the
President of the | ||||||
| 9 | Senate, and one appointed by the Senate Minority Leader. | ||||||
| 10 | (e) The Task Force shall meet at least quarterly, and more | ||||||
| 11 | frequently at the discretion of the chairperson. Task Force | ||||||
| 12 | members shall serve until a replacement is sworn and qualified. | ||||||
| 13 | Nine members appointed to the Task Force constitutes a quorum.
| ||||||
| 14 | (Source: P.A. 95-331, eff. 8-21-07; 95-987, eff. 10-3-08.)
| ||||||
| 15 | (225 ILCS 46/70) | ||||||
| 16 | Sec. 70. Centers for Medicare and Medicaid Services (CMMS) | ||||||
| 17 | grant; Voluntary FBI Fingerprint Demonstration Project. | ||||||
| 18 | (a) The General Assembly authorizes the establishment of | ||||||
| 19 | the Voluntary FBI Fingerprint Demonstration Project | ||||||
| 20 | (Demonstration Project), which shall be consistent with the | ||||||
| 21 | provisions of the Centers for Medicare and Medicaid Services | ||||||
| 22 | grant awarded to and distributed by the Department of Public | ||||||
| 23 | Health pursuant to Title VI, Subtitle B, Part III, Subtitle C, | ||||||
| 24 | Section 6201 of the Affordable Care Act of 2010. The | ||||||
| 25 | Demonstration Project is authorized to operate for the period | ||||||
| |||||||
| |||||||
| 1 | of January 1, 2014 through December 31, 2014 and shall operate | ||||||
| 2 | until the conclusion of this grant period or until the | ||||||
| 3 | long-term care facility terminates its participation in the | ||||||
| 4 | Demonstration Project, whichever occurs sooner. | ||||||
| 5 | (b) The Long-Term Care Facility Advisory Board established | ||||||
| 6 | under the Nursing Home Care Act shall act in an advisory | ||||||
| 7 | capacity to the Demonstration Project. | ||||||
| 8 | (c) Long-term care facilities voluntarily participating in | ||||||
| 9 | the Demonstration Project shall, in addition to the provisions | ||||||
| 10 | of this Section, comply with all requirements set forth in this | ||||||
| 11 | Act. When conflict between the Act and the provisions of this | ||||||
| 12 | Section occurs, the provisions of this Section shall supersede | ||||||
| 13 | until the conclusion of the grant period or until the long-term | ||||||
| 14 | care facility terminates its participation in the | ||||||
| 15 | Demonstration Project, whichever occurs sooner. | ||||||
| 16 | (d) The Department of Public Health shall select at least | ||||||
| 17 | one facility in the State to participate in the Demonstration | ||||||
| 18 | Project. | ||||||
| 19 | (e) For the purposes of determining who shall be required | ||||||
| 20 | to undergo a State and an FBI fingerprint-based criminal | ||||||
| 21 | history records check under the Demonstration Project, "direct | ||||||
| 22 | access employee" means any individual who has access to a | ||||||
| 23 | patient or resident of a long-term care facility or provider | ||||||
| 24 | through employment or through a contract with a long-term care | ||||||
| 25 | facility or provider and has duties that involve or may involve | ||||||
| 26 | one-on-one contact with a resident of the facility or provider, | ||||||
| |||||||
| |||||||
| 1 | as determined by the State for purposes of the Demonstration | ||||||
| 2 | Project. | ||||||
| 3 | (f) All long-term care facilities licensed under the | ||||||
| 4 | Nursing Home Care Act are qualified to volunteer for the | ||||||
| 5 | Demonstration Project. | ||||||
| 6 | (g) The Department of Public Health shall notify qualified | ||||||
| 7 | long-term care facilities within 30 days after the effective | ||||||
| 8 | date of this amendatory Act of the 98th General Assembly of the | ||||||
| 9 | opportunity to volunteer for the Demonstration Project. The | ||||||
| 10 | notice shall include information concerning application | ||||||
| 11 | procedures and deadlines, termination rights, requirements for | ||||||
| 12 | participation, the selection process, and a | ||||||
| 13 | question-and-answer document addressing potential conflicts | ||||||
| 14 | between this Act and the provisions of this Section. | ||||||
| 15 | (h) Qualified long-term care facilities shall be given a | ||||||
| 16 | minimum of 30 days after the date of receiving the notice to | ||||||
| 17 | inform the Department of Public Health, in the form and manner | ||||||
| 18 | prescribed by the Department of Public Health, of their | ||||||
| 19 | interest in volunteering for the Demonstration Project. | ||||||
| 20 | Facilities selected for the Demonstration Project shall be | ||||||
| 21 | notified, within 30 days after the date of application, of the | ||||||
| 22 | effective date that their participation in the Demonstration | ||||||
| 23 | Project will begin, which may vary. | ||||||
| 24 | (i) The individual applicant shall be responsible for the | ||||||
| 25 | cost of each individual fingerprint inquiry, which may be | ||||||
| 26 | offset with grant funds, if available. | ||||||
| |||||||
| |||||||
| 1 | (j) Each applicant seeking employment in a position | ||||||
| 2 | described in subsection (e) of this Section with a selected | ||||||
| 3 | health care employer shall, as a condition of employment, have | ||||||
| 4 | his or her fingerprints submitted to the Illinois Department of | ||||||
| 5 | State Police in an electronic format that complies with the | ||||||
| 6 | form and manner for requesting and furnishing criminal history | ||||||
| 7 | record information by the Illinois Department of State Police | ||||||
| 8 | and the Federal Bureau of Investigation criminal history record | ||||||
| 9 | databases now and hereafter filed. The Illinois Department of | ||||||
| 10 | State Police shall forward the fingerprints to the Federal | ||||||
| 11 | Bureau of Investigation for a national criminal history records | ||||||
| 12 | check. The Illinois Department of State Police shall charge a | ||||||
| 13 | fee for conducting the criminal history records check, which | ||||||
| 14 | shall not exceed the actual cost of the records check and shall | ||||||
| 15 | be deposited into the State Police Services Fund. The Illinois | ||||||
| 16 | Department of State Police shall furnish, pursuant to positive | ||||||
| 17 | identification, records of Illinois convictions to the | ||||||
| 18 | Department of Public Health. | ||||||
| 19 | (k) A fingerprint-based criminal history records check | ||||||
| 20 | submitted in accordance with subsection (j) of this Section | ||||||
| 21 | shall be submitted as a fee applicant inquiry in the form and | ||||||
| 22 | manner prescribed by the Illinois Department of State Police.
| ||||||
| 23 | (l) A long-term care facility may terminate its | ||||||
| 24 | participation in the Demonstration Project without prejudice | ||||||
| 25 | by providing the Department of Public Health with notice of its | ||||||
| 26 | intent to terminate at least 30 days prior to its voluntary | ||||||
| |||||||
| |||||||
| 1 | termination. | ||||||
| 2 | (m) This Section shall be inapplicable upon the conclusion | ||||||
| 3 | of the CMMS grant period.
| ||||||
| 4 | (Source: P.A. 98-756, eff. 7-16-14; 98-1041, eff. 8-25-14; | ||||||
| 5 | 99-78, eff. 7-20-15.)
| ||||||
| 6 | Section 595. The Massage Licensing Act is amended by | ||||||
| 7 | changing Section 15 as follows:
| ||||||
| 8 | (225 ILCS 57/15)
| ||||||
| 9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 10 | Sec. 15. Licensure requirements.
| ||||||
| 11 | (a) Persons
engaged in massage for
compensation
must be | ||||||
| 12 | licensed by the Department. The Department shall issue a | ||||||
| 13 | license to
an individual who meets all of the following | ||||||
| 14 | requirements:
| ||||||
| 15 | (1) The applicant has applied in writing on the | ||||||
| 16 | prescribed forms and has
paid the
required fees.
| ||||||
| 17 | (2) The applicant is at least 18 years of age and of | ||||||
| 18 | good moral character.
In
determining good
moral character, | ||||||
| 19 | the Department may take into consideration
conviction of | ||||||
| 20 | any crime under the laws of the United States or any state | ||||||
| 21 | or
territory
thereof that is a felony or a misdemeanor or | ||||||
| 22 | any crime that is directly related
to the practice of the | ||||||
| 23 | profession.
Such a conviction shall not operate | ||||||
| 24 | automatically as a complete
bar to a license,
except in the | ||||||
| |||||||
| |||||||
| 1 | case of any conviction for prostitution, rape, or sexual
| ||||||
| 2 | misconduct,
or where the applicant is a registered sex | ||||||
| 3 | offender.
| ||||||
| 4 | (3) The applicant has met one of the following | ||||||
| 5 | requirements:
| ||||||
| 6 | (A) has successfully completed a massage therapy | ||||||
| 7 | program approved by the Department that requires
a | ||||||
| 8 | minimum
of 500 hours, except applicants applying on or | ||||||
| 9 | after January 1, 2014 shall meet a minimum requirement | ||||||
| 10 | of 600 hours,
and has
passed a
competency examination
| ||||||
| 11 | approved by the Department;
| ||||||
| 12 | (B) holds a current license from another | ||||||
| 13 | jurisdiction having licensure
requirements that | ||||||
| 14 | include the completion of a massage therapy program of | ||||||
| 15 | at least 500 hours; or
| ||||||
| 16 | (C) (blank).
| ||||||
| 17 | (b) Each applicant for licensure as a massage therapist | ||||||
| 18 | shall have his or her fingerprints submitted to the Illinois | ||||||
| 19 | Department of State Police in an electronic format that | ||||||
| 20 | complies with the form and manner for requesting and furnishing | ||||||
| 21 | criminal history record information as prescribed by the | ||||||
| 22 | Illinois Department of State Police. These fingerprints shall | ||||||
| 23 | be checked against the Illinois Department of State Police and | ||||||
| 24 | Federal Bureau of Investigation criminal history record | ||||||
| 25 | databases now and hereafter filed. The Illinois Department of | ||||||
| 26 | State Police shall charge applicants a fee for conducting the | ||||||
| |||||||
| |||||||
| 1 | criminal history records check, which shall be deposited into | ||||||
| 2 | the State Police Services Fund and shall not exceed the actual | ||||||
| 3 | cost of the records check. The Illinois Department of State | ||||||
| 4 | Police shall furnish, pursuant to positive identification, | ||||||
| 5 | records of Illinois convictions to the Department. The | ||||||
| 6 | Department may require applicants to pay a separate | ||||||
| 7 | fingerprinting fee, either to the Department or to a vendor. | ||||||
| 8 | The Department, in its discretion, may allow an applicant who | ||||||
| 9 | does not have reasonable access to a designated vendor to | ||||||
| 10 | provide his or her fingerprints in an alternative manner. The | ||||||
| 11 | Department may adopt any rules necessary to implement this | ||||||
| 12 | Section.
| ||||||
| 13 | (Source: P.A. 97-514, eff. 8-23-11.)
| ||||||
| 14 | Section 600. The Medical Practice Act of 1987 is amended by | ||||||
| 15 | changing Sections 7, 9.7, and 65 as follows:
| ||||||
| 16 | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
| ||||||
| 17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 18 | Sec. 7. Medical Disciplinary Board.
| ||||||
| 19 | (A) There is hereby created the Illinois
State Medical | ||||||
| 20 | Disciplinary Board. The Disciplinary Board shall
consist of 11 | ||||||
| 21 | members, to be appointed by the Governor by and
with the advice | ||||||
| 22 | and consent of the Senate. All members shall be
residents of | ||||||
| 23 | the State, not more than 6 of whom shall be
members of the same | ||||||
| 24 | political party. All members shall be voting members. Five | ||||||
| |||||||
| |||||||
| 1 | members shall be
physicians licensed to practice medicine in | ||||||
| 2 | all of its
branches in Illinois possessing the degree of doctor | ||||||
| 3 | of
medicine. One member shall be a physician licensed to | ||||||
| 4 | practice medicine in all its branches in Illinois possessing | ||||||
| 5 | the degree of doctor of osteopathy or osteopathic medicine. One | ||||||
| 6 | member shall be a chiropractic physician licensed to practice | ||||||
| 7 | in Illinois and possessing the degree of doctor of | ||||||
| 8 | chiropractic. Four members shall be members of the public, who | ||||||
| 9 | shall not
be engaged in any way, directly or indirectly, as | ||||||
| 10 | providers
of health care.
| ||||||
| 11 | (B) Members of the Disciplinary Board shall be appointed
| ||||||
| 12 | for terms of 4 years. Upon the expiration of the term of
any | ||||||
| 13 | member, his or her their successor shall be appointed for a | ||||||
| 14 | term of
4 years by the Governor by and with the advice and
| ||||||
| 15 | consent of the Senate. The Governor shall fill any vacancy
for | ||||||
| 16 | the remainder of the unexpired term with the
advice and consent | ||||||
| 17 | of the Senate. Upon recommendation of
the Board, any member of | ||||||
| 18 | the Disciplinary Board may be
removed by the Governor for | ||||||
| 19 | misfeasance, malfeasance, or willful
wilful neglect of duty, | ||||||
| 20 | after notice, and a public hearing,
unless such notice and | ||||||
| 21 | hearing shall be expressly waived in
writing. Each member shall | ||||||
| 22 | serve on the Disciplinary Board
until their successor is | ||||||
| 23 | appointed and qualified. No member
of the Disciplinary Board | ||||||
| 24 | shall serve more than 2
consecutive 4 year terms.
| ||||||
| 25 | In making appointments the Governor shall attempt to
insure | ||||||
| 26 | that the various social and geographic regions of the
State of | ||||||
| |||||||
| |||||||
| 1 | Illinois are properly represented.
| ||||||
| 2 | In making the designation of persons to act for the
several | ||||||
| 3 | professions represented on the Disciplinary Board,
the | ||||||
| 4 | Governor shall give due consideration to recommendations
by | ||||||
| 5 | members of the respective professions and by
organizations | ||||||
| 6 | therein.
| ||||||
| 7 | (C) The Disciplinary Board shall annually elect one of
its | ||||||
| 8 | voting members as chairperson and one as vice
chairperson. No | ||||||
| 9 | officer shall be elected more than twice
in succession to the | ||||||
| 10 | same office. Each officer shall serve
until their successor has | ||||||
| 11 | been elected and qualified.
| ||||||
| 12 | (D) (Blank).
| ||||||
| 13 | (E) Six voting members of the Disciplinary Board, at least | ||||||
| 14 | 4 of whom are physicians,
shall constitute a quorum. A vacancy | ||||||
| 15 | in the membership of
the Disciplinary Board shall not impair | ||||||
| 16 | the right of a
quorum to exercise all the rights and perform | ||||||
| 17 | all the duties
of the Disciplinary Board. Any action taken by | ||||||
| 18 | the
Disciplinary Board under this Act may be authorized by
| ||||||
| 19 | resolution at any regular or special meeting and each such
| ||||||
| 20 | resolution shall take effect immediately. The Disciplinary
| ||||||
| 21 | Board shall meet at least quarterly.
| ||||||
| 22 | (F) Each member, and member-officer, of the
Disciplinary | ||||||
| 23 | Board shall receive a per diem stipend
as the
Secretary shall | ||||||
| 24 | determine. Each member shall be paid their necessary
expenses | ||||||
| 25 | while engaged in the performance of their duties.
| ||||||
| 26 | (G) The Secretary shall select a Chief Medical
Coordinator | ||||||
| |||||||
| |||||||
| 1 | and not less than 2 Deputy Medical Coordinators
who shall not
| ||||||
| 2 | be members of the Disciplinary Board. Each medical
coordinator | ||||||
| 3 | shall be a physician licensed to practice
medicine in all of | ||||||
| 4 | its branches, and the Secretary shall set
their rates of | ||||||
| 5 | compensation. The Secretary shall assign at least
one
medical
| ||||||
| 6 | coordinator to
a region composed of Cook County and
such other | ||||||
| 7 | counties as the Secretary may deem appropriate,
and such | ||||||
| 8 | medical coordinator or coordinators shall locate their office | ||||||
| 9 | in
Chicago. The Secretary shall assign at least one medical
| ||||||
| 10 | coordinator to a region composed of the balance of counties
in | ||||||
| 11 | the State, and such medical coordinator or coordinators shall | ||||||
| 12 | locate
their office in Springfield. The Chief Medical | ||||||
| 13 | Coordinator shall be the chief enforcement officer of this Act. | ||||||
| 14 | None of the functions, powers, or duties of the Department with | ||||||
| 15 | respect to policies regarding enforcement or discipline under | ||||||
| 16 | this Act, including the adoption of such rules as may be | ||||||
| 17 | necessary for the administration of this Act, shall be | ||||||
| 18 | exercised by the Department except upon review of the | ||||||
| 19 | Disciplinary Board.
| ||||||
| 20 | The Secretary shall employ, in conformity with the
| ||||||
| 21 | Personnel Code, investigators who are college graduates with at | ||||||
| 22 | least 2
years of investigative experience or one year of | ||||||
| 23 | advanced medical
education. Upon the written request of the | ||||||
| 24 | Disciplinary
Board, the Secretary shall employ, in conformity | ||||||
| 25 | with the
Personnel Code, such other professional, technical,
| ||||||
| 26 | investigative, and clerical help, either on a full or
part-time | ||||||
| |||||||
| |||||||
| 1 | basis as the Disciplinary Board deems necessary
for the proper | ||||||
| 2 | performance of its duties.
| ||||||
| 3 | (H) Upon the specific request of the Disciplinary
Board, | ||||||
| 4 | signed by either the chairperson, vice chairperson, or a
| ||||||
| 5 | medical coordinator of the Disciplinary Board, the
Department | ||||||
| 6 | of Human Services, the Department of Healthcare and Family | ||||||
| 7 | Services, the
Illinois Department of State Police, or any other | ||||||
| 8 | law enforcement agency located in this State shall make | ||||||
| 9 | available any and all
information that they have in their | ||||||
| 10 | possession regarding a
particular case then under | ||||||
| 11 | investigation by the Disciplinary
Board.
| ||||||
| 12 | (I) Members of the Disciplinary Board shall be immune
from | ||||||
| 13 | suit in any action based upon any disciplinary
proceedings or | ||||||
| 14 | other acts performed in good faith as members
of the | ||||||
| 15 | Disciplinary Board.
| ||||||
| 16 | (J) The Disciplinary Board may compile and establish a
| ||||||
| 17 | statewide roster of physicians and other medical
| ||||||
| 18 | professionals, including the several medical specialties, of
| ||||||
| 19 | such physicians and medical professionals, who have agreed
to | ||||||
| 20 | serve from time to time as advisors to the medical
| ||||||
| 21 | coordinators. Such advisors shall assist the medical
| ||||||
| 22 | coordinators or the Disciplinary Board in their investigations | ||||||
| 23 | and participation in
complaints against physicians. Such | ||||||
| 24 | advisors shall serve
under contract and shall be reimbursed at | ||||||
| 25 | a reasonable rate for the services
provided, plus reasonable | ||||||
| 26 | expenses incurred.
While serving in this capacity, the advisor, | ||||||
| |||||||
| |||||||
| 1 | for any act
undertaken in good faith and in the conduct of his | ||||||
| 2 | or her duties
under this Section, shall be immune from civil | ||||||
| 3 | suit.
| ||||||
| 4 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
| ||||||
| 5 | (225 ILCS 60/9.7)
| ||||||
| 6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 7 | Sec. 9.7. Criminal history records background check. Each | ||||||
| 8 | applicant for licensure or permit under Sections 9, 18, and 19 | ||||||
| 9 | shall have his or her fingerprints submitted to the Illinois | ||||||
| 10 | Department of State Police in an electronic format that | ||||||
| 11 | complies with the form and manner for requesting and furnishing | ||||||
| 12 | criminal history record information as prescribed by the | ||||||
| 13 | Illinois Department of State Police. These fingerprints shall | ||||||
| 14 | be checked against the Illinois Department of State Police and | ||||||
| 15 | Federal Bureau of Investigation criminal history record | ||||||
| 16 | databases now and hereafter filed. The Illinois Department of | ||||||
| 17 | State Police shall charge applicants a fee for conducting the | ||||||
| 18 | criminal history records check, which shall be deposited into | ||||||
| 19 | the State Police Services Fund and shall not exceed the actual | ||||||
| 20 | cost of the records check. The Illinois Department of State | ||||||
| 21 | Police shall furnish, pursuant to positive identification, | ||||||
| 22 | records of Illinois convictions to the Department. The | ||||||
| 23 | Department may require applicants to pay a separate | ||||||
| 24 | fingerprinting fee, either to the Department or to a Department | ||||||
| 25 | designated or approved vendor. The Department, in its | ||||||
| |||||||
| |||||||
| 1 | discretion, may allow an applicant who does not have reasonable | ||||||
| 2 | access to a designated vendor to provide his or her | ||||||
| 3 | fingerprints in an alternative manner. The Department may adopt | ||||||
| 4 | any rules necessary to implement this Section.
| ||||||
| 5 | (Source: P.A. 97-622, eff. 11-23-11.)
| ||||||
| 6 | (225 ILCS 60/65) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2022) | ||||||
| 8 | Sec. 65. Annie LeGere Law; epinephrine auto-injector. A | ||||||
| 9 | licensee under this Act may not be subject to discipline for | ||||||
| 10 | providing a standing order or prescription for an epinephrine | ||||||
| 11 | auto-injector in accordance with Section 40 of the Illinois | ||||||
| 12 | State Police Act or Section 10.19 of the Illinois Police | ||||||
| 13 | Training Act.
| ||||||
| 14 | (Source: P.A. 100-648, eff. 7-31-18.)
| ||||||
| 15 | Section 605. The Nurse Practice Act is amended by changing | ||||||
| 16 | Section 50-35 as follows:
| ||||||
| 17 | (225 ILCS 65/50-35)
(was 225 ILCS 65/5-23)
| ||||||
| 18 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
| 19 | Sec. 50-35. Criminal history records background check. | ||||||
| 20 | Each applicant for licensure by examination or restoration | ||||||
| 21 | shall have his or her fingerprints submitted to the Illinois | ||||||
| 22 | Department of State Police in an electronic format that | ||||||
| 23 | complies with the form and manner for requesting and furnishing | ||||||
| |||||||
| |||||||
| 1 | criminal history record information as prescribed by the | ||||||
| 2 | Illinois Department of State Police. These fingerprints shall | ||||||
| 3 | be checked against the Illinois Department of State Police and | ||||||
| 4 | Federal Bureau of Investigation criminal history record | ||||||
| 5 | databases now and hereafter filed. The Illinois Department of | ||||||
| 6 | State Police shall charge applicants a fee for conducting the | ||||||
| 7 | criminal history records check, which shall be deposited into | ||||||
| 8 | the State Police Services Fund and shall not exceed the actual | ||||||
| 9 | cost of the records check. The Illinois Department of State | ||||||
| 10 | Police shall furnish, pursuant to positive identification, | ||||||
| 11 | records of Illinois convictions to the Department. The | ||||||
| 12 | Department may require applicants to pay a separate | ||||||
| 13 | fingerprinting fee, either to the Department or to a vendor. | ||||||
| 14 | The Department, in its discretion, may allow an applicant who | ||||||
| 15 | does not have reasonable access to a designated vendor to | ||||||
| 16 | provide his or her fingerprints in an alternative manner. The | ||||||
| 17 | Department may adopt any rules necessary to implement this | ||||||
| 18 | Section.
| ||||||
| 19 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
| 20 | Section 610. The Nursing Home Administrators Licensing and | ||||||
| 21 | Disciplinary Act is amended by changing Section 5.1 as follows:
| ||||||
| 22 | (225 ILCS 70/5.1)
| ||||||
| 23 | (Section scheduled to be repealed on January 1, 2028)
| ||||||
| 24 | Sec. 5.1. Powers and duties; rules. The Department shall | ||||||
| |||||||
| |||||||
| 1 | exercise the
powers and duties prescribed by
the Civil | ||||||
| 2 | Administrative Code of Illinois for administration of | ||||||
| 3 | licensing acts
and shall exercise such other powers and duties | ||||||
| 4 | necessary for effectuating the
purposes of this Act. The | ||||||
| 5 | Department shall adopt rules to implement,
interpret, make | ||||||
| 6 | specific the provisions and purposes of this Act, and may
| ||||||
| 7 | prescribe forms that shall be issued in connection with | ||||||
| 8 | rulemaking. The
Department shall transmit the proposed | ||||||
| 9 | rulemaking to the Board.
| ||||||
| 10 | The Department may solicit the advice of the Board on any | ||||||
| 11 | matter relating to
the administration and enforcement of this | ||||||
| 12 | Act.
| ||||||
| 13 | Upon the written request of the Department, the Department | ||||||
| 14 | of Public Health, the Department of Human
Services or the | ||||||
| 15 | Illinois Department of State Police may cooperate and assist in
| ||||||
| 16 | any investigation undertaken by the Board.
| ||||||
| 17 | (Source: P.A. 100-675, eff. 8-3-18.)
| ||||||
| 18 | Section 615. The Wholesale Drug Distribution Licensing Act | ||||||
| 19 | is amended by changing Section 25 as follows:
| ||||||
| 20 | (225 ILCS 120/25) (from Ch. 111, par. 8301-25)
| ||||||
| 21 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
| 22 | Sec. 25. Wholesale drug distributor licensing | ||||||
| 23 | requirements.
| ||||||
| 24 | (a) Every resident wholesale distributor who engages in the | ||||||
| |||||||
| |||||||
| 1 | wholesale distribution of prescription drugs must be licensed | ||||||
| 2 | by the Department, and every non-resident wholesale | ||||||
| 3 | distributor must be licensed in this State if it ships | ||||||
| 4 | prescription drugs into this State, in accordance with this | ||||||
| 5 | Act, before engaging in wholesale distributions of wholesale | ||||||
| 6 | prescription drugs.
| ||||||
| 7 | (b) The Department shall require without limitation all of | ||||||
| 8 | the following information from each applicant for licensure | ||||||
| 9 | under this Act: | ||||||
| 10 | (1) The name, full business address, and telephone | ||||||
| 11 | number of the licensee. | ||||||
| 12 | (2) All trade or business names used by the licensee. | ||||||
| 13 | (3) Addresses, telephone numbers, and the names of | ||||||
| 14 | contact persons for all facilities used by the licensee for | ||||||
| 15 | the storage, handling, and distribution of prescription | ||||||
| 16 | drugs. | ||||||
| 17 | (4) The type of ownership or operation, such as a | ||||||
| 18 | partnership, corporation, or sole proprietorship. | ||||||
| 19 | (5) The name of the owner or operator of the wholesale | ||||||
| 20 | distributor, including: | ||||||
| 21 | (A) if a natural person, the name of the natural | ||||||
| 22 | person; | ||||||
| 23 | (B) if a partnership, the name of each partner and | ||||||
| 24 | the name of the partnership; | ||||||
| 25 | (C) if a corporation, the name and title of each | ||||||
| 26 | corporate officer and director, the corporate names, | ||||||
| |||||||
| |||||||
| 1 | and the name of the state of incorporation; and | ||||||
| 2 | (D) if a sole proprietorship, the full name of the | ||||||
| 3 | sole proprietor and the name of the business entity. | ||||||
| 4 | (6) A list of all licenses and permits issued to the | ||||||
| 5 | applicant by any other state that authorizes the applicant | ||||||
| 6 | to purchase or possess prescription drugs. | ||||||
| 7 | (7) The name of the designated representative for the | ||||||
| 8 | wholesale distributor, together with the personal | ||||||
| 9 | information statement and fingerprints, as required under
| ||||||
| 10 | subsection (c) of this Section. | ||||||
| 11 | (8) Minimum liability insurance and other insurance as | ||||||
| 12 | defined by rule. | ||||||
| 13 | (9) Any additional information required by the | ||||||
| 14 | Department.
| ||||||
| 15 | (c) Each wholesale distributor must designate an | ||||||
| 16 | individual representative who shall serve as the contact person | ||||||
| 17 | for the Department. This representative must provide the
| ||||||
| 18 | Department with all of the following information:
| ||||||
| 19 | (1) Information concerning whether the person has been | ||||||
| 20 | enjoined, either temporarily or permanently, by a court of | ||||||
| 21 | competent jurisdiction from violating any federal or State | ||||||
| 22 | law regulating the possession, control, or distribution of | ||||||
| 23 | prescription drugs or criminal violations, together with | ||||||
| 24 | details concerning any such event. | ||||||
| 25 | (2) A description of any involvement by the person with | ||||||
| 26 | any business, including any investments, other than the | ||||||
| |||||||
| |||||||
| 1 | ownership of stock in a publicly traded company or mutual | ||||||
| 2 | fund which manufactured, administered, prescribed, | ||||||
| 3 | distributed, or stored pharmaceutical products and any | ||||||
| 4 | lawsuits in which such businesses were named as a party. | ||||||
| 5 | (3) A description of any misdemeanor or felony criminal | ||||||
| 6 | offense of which the person, as an adult, was found guilty, | ||||||
| 7 | regardless of whether adjudication of guilt was withheld or | ||||||
| 8 | whether the person pled guilty or nolo contendere. If the | ||||||
| 9 | person indicates that a criminal conviction is under appeal | ||||||
| 10 | and submits a copy of the notice of appeal of that criminal | ||||||
| 11 | offense, the applicant must, within 15 days after the | ||||||
| 12 | disposition of the appeal, submit to the Department a copy | ||||||
| 13 | of the final written order of disposition. | ||||||
| 14 | (4) The designated representative of an applicant for | ||||||
| 15 | licensure as a wholesale drug distributor shall have his or | ||||||
| 16 | her fingerprints submitted to the Illinois Department of | ||||||
| 17 | State Police in an electronic format that complies with the | ||||||
| 18 | form and manner for requesting and furnishing criminal | ||||||
| 19 | history record information as prescribed by the Illinois | ||||||
| 20 | Department of State Police. These fingerprints shall be | ||||||
| 21 | checked against the Illinois Department of State Police and | ||||||
| 22 | Federal Bureau of Investigation criminal history record | ||||||
| 23 | databases now and hereafter filed. The Illinois Department | ||||||
| 24 | of State Police shall charge applicants a fee for | ||||||
| 25 | conducting the criminal history records check, which shall | ||||||
| 26 | be deposited into the State Police Services Fund and shall | ||||||
| |||||||
| |||||||
| 1 | not exceed the actual cost of the records check. The | ||||||
| 2 | Illinois Department of State Police shall furnish, | ||||||
| 3 | pursuant to positive identification, records of Illinois | ||||||
| 4 | convictions to the Department. The Department may require | ||||||
| 5 | applicants to pay a separate fingerprinting fee, either to | ||||||
| 6 | the Department or to a vendor. The Department, in its | ||||||
| 7 | discretion, may allow an applicant who does not have | ||||||
| 8 | reasonable access to a designated vendor to provide his or | ||||||
| 9 | her fingerprints in an alternative manner. The Department | ||||||
| 10 | may adopt any rules necessary to implement this Section. | ||||||
| 11 | The designated representative of a licensee shall | ||||||
| 12 | receive and complete continuing training in applicable | ||||||
| 13 | federal and State laws governing the wholesale | ||||||
| 14 | distribution of prescription drugs.
| ||||||
| 15 | (d) The Department may not issue a wholesale distributor | ||||||
| 16 | license to an applicant, unless the Department first: | ||||||
| 17 | (1) ensures that a physical inspection of the facility | ||||||
| 18 | satisfactory to the Department has occurred at the address | ||||||
| 19 | provided by the applicant, as required under item (1) of | ||||||
| 20 | subsection (b) of this Section; and | ||||||
| 21 | (2) determines that the designated representative | ||||||
| 22 | meets each of the following qualifications: | ||||||
| 23 | (A) He or she is at least 21 years of age. | ||||||
| 24 | (B) He or she has been employed full-time for at | ||||||
| 25 | least 3 years in a pharmacy or with a wholesale | ||||||
| 26 | distributor in a capacity related to the dispensing and | ||||||
| |||||||
| |||||||
| 1 | distribution of, and recordkeeping relating to, | ||||||
| 2 | prescription drugs. | ||||||
| 3 | (C) He or she is employed by the applicant full | ||||||
| 4 | time in a managerial level position. | ||||||
| 5 | (D) He or she is actively involved in and aware of | ||||||
| 6 | the actual daily operation of the wholesale | ||||||
| 7 | distributor. | ||||||
| 8 | (E) He or she is physically present at the facility | ||||||
| 9 | of the applicant during regular business hours, except | ||||||
| 10 | when the absence of the designated representative is | ||||||
| 11 | authorized, including without limitation sick leave | ||||||
| 12 | and vacation leave. | ||||||
| 13 | (F) He or she is serving in the capacity of a | ||||||
| 14 | designated representative for only one applicant at a | ||||||
| 15 | time, except where more than one licensed wholesale | ||||||
| 16 | distributor is co-located in the same facility and such | ||||||
| 17 | wholesale distributors are members of an affiliated | ||||||
| 18 | group, as defined in Section 1504 of the Internal | ||||||
| 19 | Revenue Code.
| ||||||
| 20 | (e) If a wholesale distributor distributes prescription | ||||||
| 21 | drugs from more than one facility, the wholesale distributor | ||||||
| 22 | shall obtain a license for each facility.
| ||||||
| 23 | (f) The information provided under this Section may not be | ||||||
| 24 | disclosed to any person or entity other than the Department or | ||||||
| 25 | another government entity in need of such information for | ||||||
| 26 | licensing or monitoring purposes.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-804, eff. 1-1-13.)
| ||||||
| 2 | Section 625. The Pyrotechnic
Distributor and
Operator | ||||||
| 3 | Licensing Act is amended by changing Sections 40 and 45 as | ||||||
| 4 | follows:
| ||||||
| 5 | (225 ILCS 227/40)
| ||||||
| 6 | Sec. 40. Fingerprint card; fees. The Office may require | ||||||
| 7 | each applicant to
file with his or her application a | ||||||
| 8 | fingerprint card in the form and manner
required by the
| ||||||
| 9 | Illinois Department of State Police to enable the Illinois | ||||||
| 10 | Department of State Police to conduct
a criminal history check | ||||||
| 11 | on the applicant.
| ||||||
| 12 | The Office may require each applicant to
submit, in | ||||||
| 13 | addition to the license fee, a fee specified by the
Illinois | ||||||
| 14 | Department of State Police for processing fingerprint cards, | ||||||
| 15 | which may be
made payable to the State Police Services Fund and | ||||||
| 16 | shall be remitted to
the Illinois Department of State Police | ||||||
| 17 | for deposit into that Fund.
| ||||||
| 18 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
| 19 | (225 ILCS 227/45)
| ||||||
| 20 | Sec. 45. Investigation. Upon receipt of an
application, the | ||||||
| 21 | Office shall investigate the eligibility of the applicant. The
| ||||||
| 22 | Office has
authority to request and receive from any federal, | ||||||
| 23 | state or local
governmental agency
such information and | ||||||
| |||||||
| |||||||
| 1 | assistance as will enable it to carry out its powers and
duties
| ||||||
| 2 | under this Act. The Illinois Department of State Police shall | ||||||
| 3 | cause the fingerprints
of each
applicant to be compared with | ||||||
| 4 | fingerprints of criminals filed
with the
Illinois Department of | ||||||
| 5 | State Police or with federal law enforcement agencies
| ||||||
| 6 | maintaining
official fingerprint files.
| ||||||
| 7 | (Source: P.A. 93-263, eff. 7-22-03.)
| ||||||
| 8 | Section 635. The Private Detective, Private Alarm, Private | ||||||
| 9 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
| 10 | amended by changing Sections 5-10, 10-5, 10-25, 31-5, 31-10, | ||||||
| 11 | 31-15, 31-20, 31-25, 35-30, and 40-10 as follows:
| ||||||
| 12 | (225 ILCS 447/5-10)
| ||||||
| 13 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 14 | Sec. 5-10. Definitions. As used in this Act:
| ||||||
| 15 | "Address of record" means the designated address recorded | ||||||
| 16 | by the Department in the applicant's application file or the | ||||||
| 17 | licensee's license file, as maintained by the Department's | ||||||
| 18 | licensure maintenance unit. | ||||||
| 19 | "Advertisement" means any public media, including printed | ||||||
| 20 | or electronic material, that is published or displayed in a | ||||||
| 21 | phone book,
newspaper, magazine, pamphlet, newsletter, | ||||||
| 22 | website, or other similar type of publication or electronic | ||||||
| 23 | format
that is
intended to either attract business or merely | ||||||
| 24 | provide contact information to
the public for
an agency or | ||||||
| |||||||
| |||||||
| 1 | licensee. Advertisement shall not include a licensee's or an
| ||||||
| 2 | agency's
letterhead, business cards, or other stationery used | ||||||
| 3 | in routine business
correspondence or
customary name, address, | ||||||
| 4 | and number type listings in a telephone directory.
| ||||||
| 5 | "Alarm system" means any system, including an electronic | ||||||
| 6 | access control
system, a
surveillance video system, a security | ||||||
| 7 | video system, a burglar alarm system, a
fire alarm
system, or | ||||||
| 8 | any other electronic system that activates an audible, visible,
| ||||||
| 9 | remote, or
recorded signal that is designed for the protection | ||||||
| 10 | or detection of intrusion,
entry, theft,
fire, vandalism, | ||||||
| 11 | escape, or trespass, or other electronic systems designed for | ||||||
| 12 | the protection of life by indicating the existence of an | ||||||
| 13 | emergency situation. "Alarm system" also includes an emergency | ||||||
| 14 | communication system and a mass notification system.
| ||||||
| 15 | "Applicant" means a person or business applying for | ||||||
| 16 | licensure, registration, or authorization under this Act. Any | ||||||
| 17 | applicant or person who holds himself or herself out as an | ||||||
| 18 | applicant is considered a licensee or registrant for the | ||||||
| 19 | purposes of enforcement, investigation, hearings, and the | ||||||
| 20 | Illinois Administrative Procedure Act. | ||||||
| 21 | "Armed employee" means a licensee or registered person who | ||||||
| 22 | is employed by an
agency licensed or an armed proprietary | ||||||
| 23 | security force registered under this
Act who carries a weapon | ||||||
| 24 | while engaged in the
performance
of official duties within the | ||||||
| 25 | course and scope of his or her employment during
the hours
and | ||||||
| 26 | times the employee is scheduled to work or is commuting between | ||||||
| |||||||
| |||||||
| 1 | his or her
home or
place of employment.
| ||||||
| 2 | "Armed proprietary security force" means a security force | ||||||
| 3 | made up of one or
more
armed individuals employed by a | ||||||
| 4 | commercial or industrial operation or
by a financial | ||||||
| 5 | institution as security officers
for the
protection of persons | ||||||
| 6 | or property.
| ||||||
| 7 | "Board" means the Private Detective, Private Alarm, | ||||||
| 8 | Private Security, Fingerprint Vendor, and
Locksmith Board.
| ||||||
| 9 | "Branch office" means a business location removed from the | ||||||
| 10 | place of business
for which an agency license has been issued, | ||||||
| 11 | including, but not limited to,
locations where active employee | ||||||
| 12 | records that are required to be maintained
under this Act are | ||||||
| 13 | kept, where prospective new
employees
are processed, or where | ||||||
| 14 | members of the public are invited in to transact
business. A
| ||||||
| 15 | branch office does not include an office or other facility | ||||||
| 16 | located on the
property of an
existing client that is utilized | ||||||
| 17 | solely for the benefit of that client and is
not owned or
| ||||||
| 18 | leased by the agency.
| ||||||
| 19 | "Canine handler" means a person who uses or handles a | ||||||
| 20 | trained dog
to protect persons or property or
to conduct | ||||||
| 21 | investigations. | ||||||
| 22 | "Canine handler authorization card" means a card issued by | ||||||
| 23 | the Department that authorizes
the holder to use or handle a | ||||||
| 24 | trained dog to protect persons or property or to conduct
| ||||||
| 25 | investigations during the performance of his or her duties as | ||||||
| 26 | specified in this Act. | ||||||
| |||||||
| |||||||
| 1 | "Canine trainer" means a person who acts as a dog trainer | ||||||
| 2 | for the purpose of training dogs to protect
persons or property | ||||||
| 3 | or to conduct investigations. | ||||||
| 4 | "Canine trainer authorization card" means a card issued by | ||||||
| 5 | the Department that authorizes the
holder to train a dog to | ||||||
| 6 | protect persons or property or to conduct investigations during | ||||||
| 7 | the
performance of his or her duties as specified in this Act. | ||||||
| 8 | "Canine training facility" means a facility operated by a | ||||||
| 9 | licensed private detective agency or private
security | ||||||
| 10 | contractor agency wherein dogs are trained for the purposes of | ||||||
| 11 | protecting persons or property or to
conduct investigations.
| ||||||
| 12 | "Corporation" means an artificial person or legal entity | ||||||
| 13 | created by or under
the
authority of the laws of a state, | ||||||
| 14 | including without limitation a corporation,
limited liability | ||||||
| 15 | company, or any other legal entity.
| ||||||
| 16 | "Department" means the Department of Financial and
| ||||||
| 17 | Professional Regulation.
| ||||||
| 18 | "Emergency communication system" means any system that | ||||||
| 19 | communicates information about emergencies, including but not | ||||||
| 20 | limited to fire, terrorist activities, shootings, other | ||||||
| 21 | dangerous situations, accidents, and natural disasters. | ||||||
| 22 | "Employee" means a person who works for a person or agency | ||||||
| 23 | that has the
right to
control the details of the work performed | ||||||
| 24 | and is not dependent upon whether or
not
federal or state | ||||||
| 25 | payroll taxes are withheld.
| ||||||
| 26 | "Fingerprint vendor" means a person that offers, | ||||||
| |||||||
| |||||||
| 1 | advertises, or provides services to fingerprint individuals, | ||||||
| 2 | through electronic or other means, for the purpose of providing | ||||||
| 3 | fingerprint images and associated demographic data to the | ||||||
| 4 | Illinois Department of State Police for processing fingerprint | ||||||
| 5 | based criminal history record information inquiries. | ||||||
| 6 | "Fingerprint vendor agency" means a person, firm, | ||||||
| 7 | corporation, or other legal entity that engages in the | ||||||
| 8 | fingerprint vendor business and employs, in addition to the | ||||||
| 9 | fingerprint vendor licensee-in-charge, at least one other | ||||||
| 10 | person in conducting that business. | ||||||
| 11 | "Fingerprint vendor licensee-in-charge" means a person who | ||||||
| 12 | has been designated by a fingerprint vendor agency to be the | ||||||
| 13 | licensee-in-charge of an agency who is a full-time management | ||||||
| 14 | employee or owner who assumes sole responsibility for | ||||||
| 15 | maintaining all records required by this Act and who assumes | ||||||
| 16 | sole responsibility for assuring the licensed agency's | ||||||
| 17 | compliance with its responsibilities as stated in this Act. The | ||||||
| 18 | Department shall adopt rules mandating licensee-in-charge | ||||||
| 19 | participation in agency affairs.
| ||||||
| 20 | "Fire alarm system" means any system that is activated by | ||||||
| 21 | an automatic or
manual device in the detection of smoke, heat, | ||||||
| 22 | or fire that activates an
audible, visible, or
remote signal | ||||||
| 23 | requiring a response.
| ||||||
| 24 | "Firearm control card" means a card issued by the | ||||||
| 25 | Department that
authorizes
the holder, who has complied with | ||||||
| 26 | the training and other requirements of this Act, to carry a | ||||||
| |||||||
| |||||||
| 1 | weapon during the performance of his or her duties as
specified | ||||||
| 2 | in
this Act.
| ||||||
| 3 | "Firm" means an unincorporated business entity, including | ||||||
| 4 | but not limited to
proprietorships and partnerships.
| ||||||
| 5 | "Licensee" means a person or business licensed under this | ||||||
| 6 | Act. Anyone who holds himself or herself out as a licensee or | ||||||
| 7 | who is accused of unlicensed practice is considered a licensee | ||||||
| 8 | for purposes of enforcement, investigation, hearings, and the | ||||||
| 9 | Illinois Administrative Procedure Act. | ||||||
| 10 | "Locksmith" means
a person who engages in a business or | ||||||
| 11 | holds himself out to the public as
providing a service that | ||||||
| 12 | includes, but is not limited to, the servicing,
installing, | ||||||
| 13 | originating first keys, re-coding, repairing, maintaining,
| ||||||
| 14 | manipulating, or bypassing of a mechanical or electronic | ||||||
| 15 | locking device, access
control or video surveillance system at | ||||||
| 16 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
| 17 | automatic teller machines.
| ||||||
| 18 | "Locksmith agency" means a person, firm, corporation, or | ||||||
| 19 | other legal entity
that engages
in the
locksmith business and | ||||||
| 20 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
| 21 | least
one other person in conducting such business.
| ||||||
| 22 | "Locksmith licensee-in-charge" means a person who has been | ||||||
| 23 | designated by
agency to be the licensee-in-charge of an agency,
| ||||||
| 24 | who is a
full-time management employee or owner who assumes | ||||||
| 25 | sole responsibility
for
maintaining all records required by | ||||||
| 26 | this Act, and who assumes sole
responsibility for
assuring the | ||||||
| |||||||
| |||||||
| 1 | licensed agency's compliance with its responsibilities as | ||||||
| 2 | stated
in this Act. The Department shall adopt rules mandating | ||||||
| 3 | licensee-in-charge
participation in agency affairs.
| ||||||
| 4 | "Mass notification system" means any system that is used to | ||||||
| 5 | provide information and instructions to people in a building or | ||||||
| 6 | other space using voice communications, including visible | ||||||
| 7 | signals, text, graphics, tactile, or other communication | ||||||
| 8 | methods. | ||||||
| 9 | "Peace officer" or "police officer" means a person who, by | ||||||
| 10 | virtue of office
or
public
employment, is vested by law with a | ||||||
| 11 | duty to maintain public order or to make
arrests for
offenses, | ||||||
| 12 | whether that duty extends to all offenses or is limited to | ||||||
| 13 | specific
offenses.
Officers, agents, or employees of the | ||||||
| 14 | federal government commissioned by
federal
statute
to make | ||||||
| 15 | arrests for violations of federal laws are considered peace | ||||||
| 16 | officers.
| ||||||
| 17 | "Permanent employee registration card" means a card issued | ||||||
| 18 | by the Department
to an
individual who has applied to the | ||||||
| 19 | Department and meets the requirements for
employment by a | ||||||
| 20 | licensed agency under this Act.
| ||||||
| 21 | "Person" means a natural person.
| ||||||
| 22 | "Private alarm contractor" means a person who engages in a | ||||||
| 23 | business that
individually or through others undertakes, | ||||||
| 24 | offers to undertake, purports to
have the
capacity to | ||||||
| 25 | undertake, or submits a bid to sell, install, design, monitor, | ||||||
| 26 | maintain,
alter, repair,
replace, or service alarm and other | ||||||
| |||||||
| |||||||
| 1 | security-related systems or parts thereof,
including fire
| ||||||
| 2 | alarm systems, at protected premises or premises to be | ||||||
| 3 | protected or responds to
alarm
systems at a protected premises | ||||||
| 4 | on an emergency basis and not as a full-time
security officer. | ||||||
| 5 | "Private alarm contractor" does not include a person, firm,
or
| ||||||
| 6 | corporation that
manufactures or sells alarm systems
only from | ||||||
| 7 | its place of business and does not sell, install, monitor, | ||||||
| 8 | maintain,
alter, repair, replace, service, or respond to alarm | ||||||
| 9 | systems at protected
premises or premises to be protected.
| ||||||
| 10 | "Private alarm contractor agency" means a person, | ||||||
| 11 | corporation, or other
entity
that
engages in the private alarm | ||||||
| 12 | contracting business and employs, in addition to
the private
| ||||||
| 13 | alarm contractor-in-charge, at least one other person in | ||||||
| 14 | conducting such
business.
| ||||||
| 15 | "Private alarm contractor licensee-in-charge" means a | ||||||
| 16 | person who has been
designated by an
agency to be the | ||||||
| 17 | licensee-in-charge of an agency, who is a full-time management
| ||||||
| 18 | employee or owner who
assumes sole
responsibility for | ||||||
| 19 | maintaining all records required by this Act, and who
assumes
| ||||||
| 20 | sole
responsibility for assuring the licensed agency's | ||||||
| 21 | compliance with its
responsibilities as
stated in this Act.
The | ||||||
| 22 | Department shall adopt rules mandating licensee-in-charge | ||||||
| 23 | participation in
agency affairs.
| ||||||
| 24 | "Private detective" means any person who by any means, | ||||||
| 25 | including, but not
limited to, manual, canine odor detection,
| ||||||
| 26 | or electronic methods, engages in the business of, accepts
| ||||||
| |||||||
| |||||||
| 1 | employment
to furnish, or agrees to make or makes | ||||||
| 2 | investigations for a fee or other
consideration to
obtain | ||||||
| 3 | information relating to:
| ||||||
| 4 | (1) Crimes or wrongs done or threatened against the | ||||||
| 5 | United States, any
state or
territory of the United States, | ||||||
| 6 | or any local government of a state or
territory.
| ||||||
| 7 | (2) The identity, habits, conduct, business | ||||||
| 8 | occupation, honesty,
integrity,
credibility, knowledge, | ||||||
| 9 | trustworthiness, efficiency, loyalty, activity,
movements, | ||||||
| 10 | whereabouts, affiliations, associations, transactions, | ||||||
| 11 | acts,
reputation, or character of any person, firm, or | ||||||
| 12 | other entity by any means,
manual or electronic.
| ||||||
| 13 | (3) The location, disposition, or recovery of lost or | ||||||
| 14 | stolen property.
| ||||||
| 15 | (4) The cause, origin, or responsibility for fires, | ||||||
| 16 | accidents, or injuries
to
individuals or real or personal | ||||||
| 17 | property.
| ||||||
| 18 | (5) The truth or falsity of any statement or | ||||||
| 19 | representation.
| ||||||
| 20 | (6) Securing evidence to be used before any court, | ||||||
| 21 | board, or investigating
body.
| ||||||
| 22 | (7) The protection of individuals from bodily harm or | ||||||
| 23 | death (bodyguard
functions).
| ||||||
| 24 | (8) Service of process in criminal and civil | ||||||
| 25 | proceedings.
| ||||||
| 26 | "Private detective agency" means a person, firm, | ||||||
| |||||||
| |||||||
| 1 | corporation, or other legal
entity that engages
in the
private | ||||||
| 2 | detective business and employs, in addition to the | ||||||
| 3 | licensee-in-charge,
one or more
persons in conducting such | ||||||
| 4 | business.
| ||||||
| 5 | "Private detective licensee-in-charge" means a person who | ||||||
| 6 | has been designated
by an agency
to be the licensee-in-charge | ||||||
| 7 | of an
agency,
who is a full-time management employee or owner
| ||||||
| 8 | who assumes sole
responsibility
for
maintaining all records | ||||||
| 9 | required by this Act, and who assumes sole
responsibility
for | ||||||
| 10 | assuring
the licensed agency's compliance with its | ||||||
| 11 | responsibilities as stated in this
Act. The Department shall | ||||||
| 12 | adopt rules mandating licensee-in-charge
participation in | ||||||
| 13 | agency affairs.
| ||||||
| 14 | "Private security contractor" means a person who engages in | ||||||
| 15 | the business of
providing a private security officer, watchman, | ||||||
| 16 | patrol, guard dog, canine odor detection, or a similar service | ||||||
| 17 | by
any other
title or name on a contractual basis for another | ||||||
| 18 | person, firm, corporation, or
other entity
for a fee or other | ||||||
| 19 | consideration and performing one or more of the following
| ||||||
| 20 | functions:
| ||||||
| 21 | (1) The prevention or detection of intrusion, entry, | ||||||
| 22 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
| 23 | governmental property.
| ||||||
| 24 | (2) The prevention, observation, or detection of any | ||||||
| 25 | unauthorized activity
on
private or governmental property.
| ||||||
| 26 | (3) The protection of persons authorized to be on the | ||||||
| |||||||
| |||||||
| 1 | premises of the
person,
firm, or other entity for which the | ||||||
| 2 | security contractor contractually provides
security | ||||||
| 3 | services.
| ||||||
| 4 | (4) The prevention of the misappropriation or | ||||||
| 5 | concealment of goods, money,
bonds, stocks, notes, | ||||||
| 6 | documents, or papers.
| ||||||
| 7 | (5) The control, regulation, or direction of the | ||||||
| 8 | movement of the public
for
the
time specifically required | ||||||
| 9 | for the protection of property owned or controlled
by the | ||||||
| 10 | client.
| ||||||
| 11 | (6) The protection of individuals from bodily harm or | ||||||
| 12 | death (bodyguard
functions).
| ||||||
| 13 | "Private security contractor agency" means a person, firm, | ||||||
| 14 | corporation, or
other legal entity that
engages in
the private | ||||||
| 15 | security contractor business and that employs, in addition to | ||||||
| 16 | the
licensee-in-charge, one or more persons in conducting such | ||||||
| 17 | business.
| ||||||
| 18 | "Private security contractor licensee-in-charge" means a | ||||||
| 19 | person who has been
designated by an agency to be the
| ||||||
| 20 | licensee-in-charge of an
agency, who is a full-time management | ||||||
| 21 | employee or owner
who assumes sole responsibility for | ||||||
| 22 | maintaining all records required by this
Act, and who
assumes | ||||||
| 23 | sole responsibility for assuring the licensed agency's | ||||||
| 24 | compliance with
its
responsibilities as
stated in this Act. The | ||||||
| 25 | Department shall adopt rules mandating
licensee-in-charge | ||||||
| 26 | participation in agency affairs.
| ||||||
| |||||||
| |||||||
| 1 | "Public member" means a person who is not a licensee or | ||||||
| 2 | related to a
licensee, or who is not an employer or employee of | ||||||
| 3 | a licensee. The term
"related to" shall be determined by the | ||||||
| 4 | rules of the Department.
| ||||||
| 5 | "Secretary" means the Secretary of the Department of | ||||||
| 6 | Financial and Professional Regulation.
| ||||||
| 7 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
| 8 | (225 ILCS 447/10-5)
| ||||||
| 9 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 10 | Sec. 10-5. Requirement of license.
| ||||||
| 11 | (a) It is unlawful for a person to act as or provide the | ||||||
| 12 | functions of a
private detective, private security contractor, | ||||||
| 13 | private alarm contractor, fingerprint vendor, or
locksmith or | ||||||
| 14 | to advertise or to assume to act as any one of these, or to use
| ||||||
| 15 | these or any other title implying that the person is engaged in | ||||||
| 16 | any of these
activities unless licensed as such by the | ||||||
| 17 | Department. An individual or sole
proprietor who does not | ||||||
| 18 | employ any employees other than himself or herself may
operate | ||||||
| 19 | under a "doing business as" or assumed name certification | ||||||
| 20 | without
having to obtain an agency license, so long as the | ||||||
| 21 | assumed name is first
registered with the Department.
| ||||||
| 22 | (b) It is unlawful for a person, firm, corporation, or | ||||||
| 23 | other legal entity
to act as an agency licensed under this Act, | ||||||
| 24 | to advertise, or to assume to
act as a licensed agency or to | ||||||
| 25 | use a title implying that the person, firm, or
other entity is | ||||||
| |||||||
| |||||||
| 1 | engaged in the practice as a private detective agency, private
| ||||||
| 2 | security contractor agency, private alarm contractor agency, | ||||||
| 3 | fingerprint vendor agency, or locksmith
agency unless licensed | ||||||
| 4 | by the Department.
| ||||||
| 5 | (c) No agency shall operate a branch office without first | ||||||
| 6 | applying for and
receiving a branch office license for each | ||||||
| 7 | location.
| ||||||
| 8 | (d) Beginning 12 months after the adoption of rules | ||||||
| 9 | providing for the licensure of fingerprint vendors under this | ||||||
| 10 | Act, it is unlawful for a person to operate live scan | ||||||
| 11 | fingerprint equipment or other equipment designed to obtain | ||||||
| 12 | fingerprint images for the purpose of providing fingerprint | ||||||
| 13 | images and associated demographic data to the Illinois | ||||||
| 14 | Department of State Police, unless he or she has successfully | ||||||
| 15 | completed a fingerprint training course conducted or | ||||||
| 16 | authorized by the Illinois Department of State Police and is | ||||||
| 17 | licensed as a fingerprint vendor.
| ||||||
| 18 | (e) Beginning 12 months after the adoption of rules | ||||||
| 19 | providing for the licensure of canine handlers and canine | ||||||
| 20 | trainers under this Act, no person shall operate a canine | ||||||
| 21 | training facility unless licensed as a private detective
agency | ||||||
| 22 | or private security contractor agency under this Act, and no | ||||||
| 23 | person shall act as a canine trainer unless he or she is | ||||||
| 24 | licensed as a private detective or private security contractor | ||||||
| 25 | or is a registered employee of a private detective agency or | ||||||
| 26 | private security contractor agency approved by the Department. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
| 2 | (225 ILCS 447/10-25)
| ||||||
| 3 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 4 | Sec. 10-25. Issuance of license; renewal; fees.
| ||||||
| 5 | (a) The Department shall, upon the applicant's | ||||||
| 6 | satisfactory completion of
the requirements set forth in this | ||||||
| 7 | Act and upon receipt of the fee, issue the
license indicating | ||||||
| 8 | the name and business location of the licensee and the date
of | ||||||
| 9 | expiration.
| ||||||
| 10 | (b) An applicant may, upon satisfactory completion of the | ||||||
| 11 | requirements set
forth in this Act and upon receipt of fees | ||||||
| 12 | related to the application and
testing for licensure, elect to | ||||||
| 13 | defer the issuance of the applicant's initial
license for a | ||||||
| 14 | period not longer than 3 years. An applicant who fails to | ||||||
| 15 | request
issuance of his or her initial license or agency | ||||||
| 16 | license and to remit the fees
required for that license within | ||||||
| 17 | 3 years shall be required to resubmit an
application together | ||||||
| 18 | with all required fees.
| ||||||
| 19 | (c) The expiration date, renewal period, and conditions for | ||||||
| 20 | renewal and
restoration of each license, permanent employee | ||||||
| 21 | registration card, canine handler authorization card, canine | ||||||
| 22 | trainer authorization card, and firearm
control
card shall be | ||||||
| 23 | set by rule. The holder may renew the license,
permanent | ||||||
| 24 | employee registration card, canine handler authorization card, | ||||||
| 25 | canine trainer authorization card, or firearm control card | ||||||
| |||||||
| |||||||
| 1 | during the
30 days preceding its expiration by paying the | ||||||
| 2 | required fee and by meeting
conditions that the Department may | ||||||
| 3 | specify. Any license holder who notifies the
Department on | ||||||
| 4 | forms prescribed by
the Department may place his or her license | ||||||
| 5 | on inactive status for a period of
not longer than 3 years and | ||||||
| 6 | shall, subject to the rules of the Department, be
excused from | ||||||
| 7 | payment of renewal fees until the license holder notifies the
| ||||||
| 8 | Department, in writing, of an intention to resume active | ||||||
| 9 | status. Practice while
on inactive status constitutes | ||||||
| 10 | unlicensed practice. A non-renewed license
that has lapsed for | ||||||
| 11 | less than 3 years may be restored upon payment of the
| ||||||
| 12 | restoration fee and all lapsed renewal fees. A license that has | ||||||
| 13 | lapsed for more
than 3 years may be restored by paying the | ||||||
| 14 | required restoration fee and all
lapsed renewal fees and by | ||||||
| 15 | providing evidence of competence to resume practice
| ||||||
| 16 | satisfactory to the Department and the Board, which may include | ||||||
| 17 | passing a
written examination. All restoration fees and lapsed | ||||||
| 18 | renewal fees shall be
waived for an applicant whose license | ||||||
| 19 | lapsed while on active duty in the armed
forces of the United | ||||||
| 20 | States if application for restoration is made within 12
months | ||||||
| 21 | after discharge from the service.
| ||||||
| 22 | Any person seeking renewal or restoration under this | ||||||
| 23 | subsection (c) shall be subject to the continuing education | ||||||
| 24 | requirements established pursuant to Section 10-27 of this Act.
| ||||||
| 25 | (d) Any permanent employee registration card expired for | ||||||
| 26 | less than one year
may be restored upon payment of lapsed | ||||||
| |||||||
| |||||||
| 1 | renewal fees. Any permanent employee
registration card expired | ||||||
| 2 | for one year or more may be restored by making
application to | ||||||
| 3 | the Department and filing proof acceptable to the Department of
| ||||||
| 4 | the licensee's fitness to have the permanent employee | ||||||
| 5 | registration card
restored, including verification of
| ||||||
| 6 | fingerprint processing through the Illinois Department of | ||||||
| 7 | State Police and Federal
Bureau of Investigation and paying the | ||||||
| 8 | restoration fee.
| ||||||
| 9 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
| 10 | (225 ILCS 447/31-5) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| 12 | Sec. 31-5. Exemptions. | ||||||
| 13 | (a) The provisions of this Act regarding fingerprint | ||||||
| 14 | vendors do not apply to any of the following, if the person | ||||||
| 15 | performing the service does not hold himself or herself out as | ||||||
| 16 | a fingerprint vendor or fingerprint vendor agency: | ||||||
| 17 | (1) An employee of the United States, Illinois, or a | ||||||
| 18 | political subdivision, including public school districts, | ||||||
| 19 | of either while the employee is engaged in the performance | ||||||
| 20 | of his or her official duties within the scope of his or | ||||||
| 21 | her employment. However, any such person who offers his or | ||||||
| 22 | her services as a fingerprint vendor or uses a similar | ||||||
| 23 | title when these services are performed for compensation or | ||||||
| 24 | other consideration, whether received directly or | ||||||
| 25 | indirectly, is subject to this Act. | ||||||
| |||||||
| |||||||
| 1 | (2) A person employed exclusively by only one employer | ||||||
| 2 | in connection with the exclusive activities of that | ||||||
| 3 | employer, provided that person does not hold himself or | ||||||
| 4 | herself out to the public as a fingerprint vendor.
| ||||||
| 5 | (3) Any member of local law enforcement in the | ||||||
| 6 | performance of his or her duties for criminal justice | ||||||
| 7 | purposes, notwithstanding whether the local law | ||||||
| 8 | enforcement agency charges a reasonable fee related to the | ||||||
| 9 | cost of offering fingerprinting services. | ||||||
| 10 | (b) The provisions of this Act regarding fingerprint | ||||||
| 11 | vendors do not apply to any member of a local law enforcement | ||||||
| 12 | agency, acting on behalf of the local law enforcement agency | ||||||
| 13 | that is registered with the Illinois Department of State Police | ||||||
| 14 | to provide fingerprinting services for non-criminal justice | ||||||
| 15 | purposes, notwithstanding whether the local law enforcement | ||||||
| 16 | agency charges a reasonable fee related to the cost of offering | ||||||
| 17 | fingerprinting services. | ||||||
| 18 | (Source: P.A. 98-294, eff. 8-9-13; 98-600, eff. 12-6-13.)
| ||||||
| 19 | (225 ILCS 447/31-10) | ||||||
| 20 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| 21 | Sec. 31-10. Qualifications for licensure as a fingerprint | ||||||
| 22 | vendor. | ||||||
| 23 | (a) A person is qualified for licensure as a fingerprint | ||||||
| 24 | vendor if he or she meets all of the following requirements: | ||||||
| 25 | (1) Is at least 18 years of age. | ||||||
| |||||||
| |||||||
| 1 | (2) Has not been convicted of any felony in any | ||||||
| 2 | jurisdiction or at least 10 years have elapsed since the | ||||||
| 3 | time of full discharge from a sentence imposed for a felony | ||||||
| 4 | conviction. | ||||||
| 5 | (3) Is of good moral character. Good moral character is | ||||||
| 6 | a continuing requirement of licensure. Conviction of | ||||||
| 7 | crimes other than felonies may be used in determining moral | ||||||
| 8 | character, but shall not constitute an absolute bar to | ||||||
| 9 | licensure, except where the applicant is a registered sex | ||||||
| 10 | offender. | ||||||
| 11 | (4) Has not been declared by any court of competent | ||||||
| 12 | jurisdiction to be incompetent by reason of mental or | ||||||
| 13 | physical defect or disease, unless a court has subsequently | ||||||
| 14 | declared him or her to be competent. | ||||||
| 15 | (5) Is not suffering from dependence on alcohol or from | ||||||
| 16 | narcotic addiction or dependence. | ||||||
| 17 | (6) Has not been dishonorably discharged from the armed | ||||||
| 18 | forces of the United States. | ||||||
| 19 | (7) Submits certification issued by the Illinois | ||||||
| 20 | Department of State Police that the applicant has | ||||||
| 21 | successfully completed a fingerprint vendor training | ||||||
| 22 | course conducted or authorized by the Illinois Department | ||||||
| 23 | of State Police. | ||||||
| 24 | (8) Submits his or her fingerprints, in accordance with | ||||||
| 25 | subsection (b) of this Section. | ||||||
| 26 | (9) Has not violated any provision of this Act or any | ||||||
| |||||||
| |||||||
| 1 | rule adopted under this Act. | ||||||
| 2 | (10) Provides evidence satisfactory to the Department | ||||||
| 3 | that the applicant has obtained general liability | ||||||
| 4 | insurance in an amount and with coverage as determined by | ||||||
| 5 | rule. Failure to maintain general liability insurance and | ||||||
| 6 | failure to provide the Department with written proof of the | ||||||
| 7 | insurance, upon request, shall result in cancellation of | ||||||
| 8 | the license without hearing. A fingerprint vendor employed | ||||||
| 9 | by a licensed fingerprint vendor agency may provide proof | ||||||
| 10 | that his or her actions as a fingerprint vendor are covered | ||||||
| 11 | by the liability insurance of his or her employer. | ||||||
| 12 | (11) Pays the required licensure fee. | ||||||
| 13 | (12) (Blank). | ||||||
| 14 | (13) Submits proof that the applicant maintains a | ||||||
| 15 | business office located in the State of Illinois. | ||||||
| 16 | (14) Provides proof of compliance with subsection (e) | ||||||
| 17 | of Section 31-15 of this Act if the applicant is not | ||||||
| 18 | required to obtain a fingerprint vendor agency license | ||||||
| 19 | pursuant to subsection (b) of Section 31-15 of this Act. | ||||||
| 20 | (b) Each applicant for a fingerprint vendor license shall | ||||||
| 21 | have his or her fingerprints submitted to the Illinois | ||||||
| 22 | Department of State Police in an electronic format that | ||||||
| 23 | complies with the form and manner for requesting and furnishing | ||||||
| 24 | criminal history record information as prescribed by the | ||||||
| 25 | Illinois Department of State Police. These fingerprints shall | ||||||
| 26 | be checked against the Illinois Department of State Police and | ||||||
| |||||||
| |||||||
| 1 | Federal Bureau of Investigation criminal history record | ||||||
| 2 | databases now and hereafter filed. The Illinois Department of | ||||||
| 3 | State Police shall charge applicants a fee for conducting the | ||||||
| 4 | criminal history records check, which shall be deposited in the | ||||||
| 5 | State Police Services Fund and shall not exceed the actual cost | ||||||
| 6 | of the records check. The Illinois Department of State Police | ||||||
| 7 | shall furnish, pursuant to positive identification, records of | ||||||
| 8 | Illinois convictions to the Department. The Department may | ||||||
| 9 | require applicants to pay a separate fingerprinting fee, either | ||||||
| 10 | to the Department or directly to the vendor. The Department, in | ||||||
| 11 | its discretion, may allow an applicant who does not have | ||||||
| 12 | reasonable access to a designated vendor to provide his or her | ||||||
| 13 | fingerprints in an alternative manner. The Department, in its | ||||||
| 14 | discretion, may also use other procedures in performing or | ||||||
| 15 | obtaining criminal background checks of applicants. Instead of | ||||||
| 16 | submitting his or her fingerprints, an individual may submit | ||||||
| 17 | proof that is satisfactory to the Department that an equivalent | ||||||
| 18 | security clearance has been conducted. Also, an individual who | ||||||
| 19 | has retired as a peace officer within 12 months of application | ||||||
| 20 | may submit verification, on forms provided by the Department | ||||||
| 21 | and signed by his or her employer, of his or her previous | ||||||
| 22 | full-time employment as a peace officer.
| ||||||
| 23 | (Source: P.A. 100-44, eff. 8-11-17.)
| ||||||
| 24 | (225 ILCS 447/31-15) | ||||||
| 25 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| |||||||
| |||||||
| 1 | Sec. 31-15. Qualifications for licensure as a fingerprint | ||||||
| 2 | vendor agency.
| ||||||
| 3 | (a) Upon receipt of the required fee, compliance with | ||||||
| 4 | subsection (e) of this Section, and proof that the applicant | ||||||
| 5 | has a full-time Illinois licensed fingerprint vendor | ||||||
| 6 | licensee-in-charge, which is a continuing requirement for | ||||||
| 7 | agency licensure, the Department may issue a license as a | ||||||
| 8 | fingerprint vendor agency to any of the following: | ||||||
| 9 | (1) An individual who submits an application and is a | ||||||
| 10 | licensed fingerprint vendor under this Act. | ||||||
| 11 | (2) A firm that submits an application and all of the | ||||||
| 12 | members of the firm are licensed fingerprint vendors under | ||||||
| 13 | this Act. | ||||||
| 14 | (3) A corporation or limited liability company doing | ||||||
| 15 | business in Illinois that is authorized to engage in the | ||||||
| 16 | business of conducting a fingerprint vendor agency if at | ||||||
| 17 | least one officer or executive employee is a licensed | ||||||
| 18 | fingerprint vendor under this Act and all unlicensed | ||||||
| 19 | officers and directors of the corporation or limited | ||||||
| 20 | liability company are determined by the Department to be | ||||||
| 21 | persons of good moral character. | ||||||
| 22 | (b) An individual licensed as a fingerprint vendor | ||||||
| 23 | operating under a business name other than the licensed | ||||||
| 24 | fingerprint vendor's own name shall not be required to obtain a | ||||||
| 25 | fingerprint vendor agency license if that licensed fingerprint | ||||||
| 26 | vendor does not employ any persons to provide fingerprinting | ||||||
| |||||||
| |||||||
| 1 | services. However, in either circumstance, the individual | ||||||
| 2 | shall comply with the requirements of subsection (e) of this | ||||||
| 3 | Section as a requirement for licensure. | ||||||
| 4 | (c) No fingerprint vendor may be the licensee-in-charge for | ||||||
| 5 | more than one fingerprint vendor agency. Upon written request | ||||||
| 6 | by a representative of the agency, within 10 days after the | ||||||
| 7 | loss of a licensee-in-charge of an agency because of the death | ||||||
| 8 | of that individual or because of the termination of the | ||||||
| 9 | employment of that individual, the Department shall issue a | ||||||
| 10 | temporary certificate of authority allowing the continuing | ||||||
| 11 | operation of the licensed agency. No temporary certificate of | ||||||
| 12 | authority shall be valid for more than 90 days. An extension of | ||||||
| 13 | an additional 90 days may be granted upon written request by | ||||||
| 14 | the representative of the agency. Not more than 2 extensions | ||||||
| 15 | may be granted to any agency. No temporary permit shall be | ||||||
| 16 | issued for loss of the licensee-in-charge because of | ||||||
| 17 | disciplinary action by the Department related to his or her | ||||||
| 18 | conduct on behalf of the agency.
| ||||||
| 19 | (d) Upon issuance of the temporary certificate of authority
| ||||||
| 20 | as provided for in subsection (c) of this Section and at any
| ||||||
| 21 | time thereafter while the temporary certificate of authority
is | ||||||
| 22 | in effect, the Department may request in writing additional
| ||||||
| 23 | information from the agency regarding the loss of its
| ||||||
| 24 | licensee-in-charge, the selection of a new licensee-in-charge,
| ||||||
| 25 | and the management of the agency. Failure of the agency to
| ||||||
| 26 | respond or respond to the satisfaction of the Department shall
| ||||||
| |||||||
| |||||||
| 1 | cause the Department to deny any extension of the temporary
| ||||||
| 2 | certificate of authority. While the temporary certificate of
| ||||||
| 3 | authority is in effect, the Department may disapprove the
| ||||||
| 4 | selection of a new licensee-in-charge by the agency if the
| ||||||
| 5 | person's license is not operative or the Department has good
| ||||||
| 6 | cause to believe that the person selected will not fully
| ||||||
| 7 | exercise the responsibilities of a licensee-in-charge. If the
| ||||||
| 8 | Department has disapproved the selection of a new | ||||||
| 9 | licensee-in-charge
and the temporary certificate of authority | ||||||
| 10 | expires or
is about to expire without the agency selecting | ||||||
| 11 | another new
licensee-in-charge, the Department shall grant an | ||||||
| 12 | extension of
the temporary certificate of authority for an | ||||||
| 13 | additional 90
days, except as otherwise prohibited in | ||||||
| 14 | subsection (c) or this
subsection (d). | ||||||
| 15 | (e) An applicant shall submit certification issued by the | ||||||
| 16 | Illinois Department of State Police that the applicant's | ||||||
| 17 | fingerprinting equipment and software meets all specifications | ||||||
| 18 | required by the Illinois Department of State Police. Compliance | ||||||
| 19 | with Illinois Department of State Police fingerprinting | ||||||
| 20 | equipment and software specifications is a continuing | ||||||
| 21 | requirement for licensure. | ||||||
| 22 | (Source: P.A. 100-44, eff. 8-11-17.)
| ||||||
| 23 | (225 ILCS 447/31-20) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| 25 | Sec. 31-20. Training; fingerprint vendor and employees.
| ||||||
| |||||||
| |||||||
| 1 | (a) Registered employees of a licensed fingerprint vendor | ||||||
| 2 | agency shall complete a minimum of 20 hours of training | ||||||
| 3 | provided by a qualified instructor within 30 days of their | ||||||
| 4 | employment. The substance of the training shall be prescribed | ||||||
| 5 | by rule. | ||||||
| 6 | (b) It is the responsibility of the employer to certify, on | ||||||
| 7 | a form provided by the Department, that the employee has | ||||||
| 8 | successfully completed the training. The form shall be a | ||||||
| 9 | permanent record of training completed by the employee and | ||||||
| 10 | shall be placed in the employee's file with the employer for | ||||||
| 11 | the period the employee remains with the employer. An agency | ||||||
| 12 | may place a notarized copy of the Department form, in lieu of | ||||||
| 13 | the original, into the permanent employee registration card | ||||||
| 14 | file. The original form shall be given to the employee when his | ||||||
| 15 | or her employment is terminated. Failure to return the original | ||||||
| 16 | form to the employee is grounds for disciplinary action. The | ||||||
| 17 | employee shall not be required to repeat the required training | ||||||
| 18 | once the employee has been issued the form. An employer may | ||||||
| 19 | provide or require additional training. | ||||||
| 20 | (c) Any certification of completion of the 20-hour basic | ||||||
| 21 | training issued under the Private Detective, Private Alarm, | ||||||
| 22 | Private Security, and Locksmith Act of 2004 or any prior Act | ||||||
| 23 | shall be accepted as proof of training under this Act. | ||||||
| 24 | (d) No registered employee of a licensed fingerprint vendor | ||||||
| 25 | agency may operate live scan fingerprint equipment or other | ||||||
| 26 | equipment designed to obtain fingerprint images for the purpose | ||||||
| |||||||
| |||||||
| 1 | of providing fingerprint images and associated demographic | ||||||
| 2 | data to the Illinois Department of State Police.
| ||||||
| 3 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
| 4 | (225 ILCS 447/31-25) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| 6 | Sec. 31-25. Customer identification; record keeping. A | ||||||
| 7 | fingerprint vendor or fingerprint vendor agency shall document | ||||||
| 8 | in the form of a work order when and where each and every | ||||||
| 9 | fingerprint service is provided. The work order shall also | ||||||
| 10 | include the name, address, date of birth, telephone number, and | ||||||
| 11 | driver's license number or other identification number of the | ||||||
| 12 | person requesting the service to be done, the signature of that | ||||||
| 13 | person, the routing number and any other information or | ||||||
| 14 | documentation as provided by rule. All work orders shall be | ||||||
| 15 | kept by the licensed fingerprint vendor for a period of 2 years | ||||||
| 16 | from the date of service and shall include the name and license | ||||||
| 17 | number of the fingerprint vendor and, if applicable, the name | ||||||
| 18 | and identification number of the registered employee who | ||||||
| 19 | performed the services. Work order forms required to be kept | ||||||
| 20 | under this Section shall be available for inspection by the | ||||||
| 21 | Department or by the Illinois Department of State Police.
| ||||||
| 22 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
| 23 | (225 ILCS 447/35-30)
| ||||||
| 24 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
| 2 | licensed agency, other than those exempted, shall apply for a
| ||||||
| 3 | permanent employee registration card. The holder of an agency
| ||||||
| 4 | license issued under this Act, known in this Section as
| ||||||
| 5 | "employer", may employ in the conduct of his or her business
| ||||||
| 6 | employees under the following provisions:
| ||||||
| 7 | (a) No person shall be issued a permanent employee
| ||||||
| 8 | registration card who:
| ||||||
| 9 | (1) Is younger than 18 years of age.
| ||||||
| 10 | (2) Is younger than 21 years of age if the
services | ||||||
| 11 | will include being armed.
| ||||||
| 12 | (3) Has been determined by the Department to
be unfit | ||||||
| 13 | by reason of conviction of an offense in this or
another | ||||||
| 14 | state, including registration as a sex offender, but not | ||||||
| 15 | including a traffic offense. Persons convicted of felonies | ||||||
| 16 | involving bodily harm, weapons, violence, or theft within | ||||||
| 17 | the previous 10 years shall be presumed to be unfit for | ||||||
| 18 | registration. The Department
shall adopt rules for making | ||||||
| 19 | those determinations that shall
afford the applicant due | ||||||
| 20 | process of law.
| ||||||
| 21 | (4) Has had a license or permanent employee
| ||||||
| 22 | registration card denied, suspended, or revoked under this | ||||||
| 23 | Act (i) within one
year before the date the
person's | ||||||
| 24 | application for permanent employee registration card
is | ||||||
| 25 | received by the Department; and (ii) that refusal, denial,
| ||||||
| 26 | suspension, or revocation was based on any provision of | ||||||
| |||||||
| |||||||
| 1 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
| 2 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
| 3 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
| 4 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
| 5 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
| 6 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
| 7 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
| 8 | (5) Has been declared incompetent by any court
of | ||||||
| 9 | competent jurisdiction by reason of mental disease or
| ||||||
| 10 | defect and has not been restored.
| ||||||
| 11 | (6) Has been dishonorably discharged from the
armed | ||||||
| 12 | services of the United States.
| ||||||
| 13 | (b) No person may be employed by a private
detective | ||||||
| 14 | agency, private security contractor agency, private
alarm | ||||||
| 15 | contractor agency, fingerprint vendor agency, or locksmith | ||||||
| 16 | agency under this
Section until he or she has executed and | ||||||
| 17 | furnished to the
employer, on forms furnished by the | ||||||
| 18 | Department, a verified
statement to be known as "Employee's | ||||||
| 19 | Statement" setting forth:
| ||||||
| 20 | (1) The person's full name, age, and residence
address.
| ||||||
| 21 | (2) The business or occupation engaged in for
the 5 | ||||||
| 22 | years immediately before the date of the execution of
the | ||||||
| 23 | statement, the place where the business or occupation was
| ||||||
| 24 | engaged in, and the names of employers, if any.
| ||||||
| 25 | (3) That the person has not had a license or
employee | ||||||
| 26 | registration denied, revoked, or suspended under this
Act | ||||||
| |||||||
| |||||||
| 1 | (i) within one year before the date the person's | ||||||
| 2 | application
for permanent employee registration card is | ||||||
| 3 | received by the
Department; and (ii) that refusal, denial, | ||||||
| 4 | suspension, or
revocation was based on any provision of | ||||||
| 5 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
| 6 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
| 7 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
| 8 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
| 9 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
| 10 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
| 11 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
| 12 | (4) Any conviction of a felony or misdemeanor.
| ||||||
| 13 | (5) Any declaration of incompetence by a court
of | ||||||
| 14 | competent jurisdiction that has not been restored.
| ||||||
| 15 | (6) Any dishonorable discharge from the armed
services | ||||||
| 16 | of the United States.
| ||||||
| 17 | (7) Any other information as may be required by
any | ||||||
| 18 | rule of the Department to show the good character,
| ||||||
| 19 | competency, and integrity of the person executing the
| ||||||
| 20 | statement.
| ||||||
| 21 | (c) Each applicant for a permanent employee registration
| ||||||
| 22 | card shall have his or her fingerprints submitted to the
| ||||||
| 23 | Illinois Department of State Police in an electronic format | ||||||
| 24 | that
complies with the form and manner for requesting and
| ||||||
| 25 | furnishing criminal history record information as prescribed
| ||||||
| 26 | by the Illinois Department of State Police. These fingerprints | ||||||
| |||||||
| |||||||
| 1 | shall
be checked against the Illinois Department of State | ||||||
| 2 | Police and Federal
Bureau of Investigation criminal history | ||||||
| 3 | record databases now
and hereafter filed. The Illinois | ||||||
| 4 | Department of State Police shall
charge applicants a fee for | ||||||
| 5 | conducting the criminal history
records check, which shall be | ||||||
| 6 | deposited in the State Police
Services Fund and shall not | ||||||
| 7 | exceed the actual cost of the
records check. The Illinois | ||||||
| 8 | Department of State Police shall furnish,
pursuant to positive | ||||||
| 9 | identification, records of Illinois
convictions to the | ||||||
| 10 | Department. The Department may require
applicants to pay a | ||||||
| 11 | separate fingerprinting fee, either to the
Department or | ||||||
| 12 | directly to the vendor. The Department, in
its discretion, may | ||||||
| 13 | allow an applicant who does not have
reasonable access to a | ||||||
| 14 | designated vendor to provide his or her
fingerprints in an | ||||||
| 15 | alternative manner. The
Department, in its discretion, may also | ||||||
| 16 | use other
procedures in performing or obtaining criminal | ||||||
| 17 | background
checks of applicants. Instead of submitting his or | ||||||
| 18 | her
fingerprints, an individual may submit proof that is
| ||||||
| 19 | satisfactory to the Department that an equivalent security
| ||||||
| 20 | clearance has been conducted. Also, an individual who has
| ||||||
| 21 | retired as a peace officer within 12 months of application may
| ||||||
| 22 | submit verification, on forms provided by the Department and
| ||||||
| 23 | signed by his or her employer, of his or her previous full-time | ||||||
| 24 | employment as a
peace officer.
| ||||||
| 25 | (d) The Department shall issue a permanent employee
| ||||||
| 26 | registration card, in a form the Department prescribes, to all
| ||||||
| |||||||
| |||||||
| 1 | qualified applicants.
The holder of a permanent employee | ||||||
| 2 | registration card shall
carry the card at all times while | ||||||
| 3 | actually engaged in the
performance of the duties of his or her | ||||||
| 4 | employment.
Expiration and requirements for renewal of | ||||||
| 5 | permanent employee
registration cards shall be established by | ||||||
| 6 | rule of the
Department. Possession of a permanent employee | ||||||
| 7 | registration
card does not in any way imply that the holder of | ||||||
| 8 | the card is
employed by an agency unless the permanent employee
| ||||||
| 9 | registration card is accompanied by the employee
| ||||||
| 10 | identification card required by subsection (f) of this
Section.
| ||||||
| 11 | (e) Each employer shall maintain a record of each
employee | ||||||
| 12 | that is accessible to the duly authorized
representatives of | ||||||
| 13 | the Department. The record shall contain
the following | ||||||
| 14 | information:
| ||||||
| 15 | (1) A photograph taken within 10 days of the date
that | ||||||
| 16 | the employee begins employment with the employer. The
| ||||||
| 17 | photograph shall be replaced with a current photograph | ||||||
| 18 | every 3
calendar years.
| ||||||
| 19 | (2) The Employee's Statement specified in
subsection | ||||||
| 20 | (b) of this Section.
| ||||||
| 21 | (3) All correspondence or documents relating to the
| ||||||
| 22 | character and integrity of the employee received by the
| ||||||
| 23 | employer from any official source or law enforcement | ||||||
| 24 | agency.
| ||||||
| 25 | (4) In the case of former employees, the employee
| ||||||
| 26 | identification card of that person issued under subsection | ||||||
| |||||||
| |||||||
| 1 | (f)
of this Section. Each employee record shall duly note | ||||||
| 2 | if the
employee is employed in an armed capacity. Armed | ||||||
| 3 | employee
files shall contain a copy of an active firearm | ||||||
| 4 | owner's
identification card and a copy of an active firearm
| ||||||
| 5 | control card. Each employer shall maintain a record for
| ||||||
| 6 | each armed employee of each instance in which the | ||||||
| 7 | employee's
weapon was discharged during the course of his | ||||||
| 8 | or her
professional duties or activities. The record shall | ||||||
| 9 | be
maintained on forms provided by the Department, a copy | ||||||
| 10 | of
which must be filed with the Department within 15 days | ||||||
| 11 | of an
instance. The record shall include the date and time | ||||||
| 12 | of the
occurrence, the circumstances involved in the | ||||||
| 13 | occurrence, and
any other information as the Department may | ||||||
| 14 | require. Failure
to provide this information to the | ||||||
| 15 | Department or failure to
maintain the record as a part of | ||||||
| 16 | each armed employee's
permanent file is grounds for | ||||||
| 17 | disciplinary action. The
Department, upon receipt of a | ||||||
| 18 | report, shall have the authority
to make any investigation | ||||||
| 19 | it considers appropriate into any
occurrence in which an | ||||||
| 20 | employee's weapon was discharged and to
take disciplinary | ||||||
| 21 | action as may be appropriate.
| ||||||
| 22 | (5) A copy of the employee's permanent employee | ||||||
| 23 | registration card or a copy of the Department's "License | ||||||
| 24 | Lookup" Webpage showing that the employee has been issued a | ||||||
| 25 | valid permanent employee registration card by the | ||||||
| 26 | Department.
| ||||||
| |||||||
| |||||||
| 1 | The Department may, by rule, prescribe further
record | ||||||
| 2 | requirements.
| ||||||
| 3 | (f) Every employer shall furnish an employee
| ||||||
| 4 | identification card to each of his or her employees. This
| ||||||
| 5 | employee identification card shall contain a recent photograph
| ||||||
| 6 | of the employee, the employee's name, the name and agency
| ||||||
| 7 | license number of the employer, the employee's personal
| ||||||
| 8 | description, the signature of the employer, the signature of
| ||||||
| 9 | that employee, the date of issuance, and an employee
| ||||||
| 10 | identification card number.
| ||||||
| 11 | (g) No employer may issue an employee identification
card | ||||||
| 12 | to any person who is not employed by the employer in
accordance | ||||||
| 13 | with this Section or falsely state or represent
that a person | ||||||
| 14 | is or has been in his or her employ. It is
unlawful for an | ||||||
| 15 | applicant for registered employment to file
with the Department | ||||||
| 16 | the fingerprints of a person other than
himself or herself.
| ||||||
| 17 | (h) Every employer shall obtain the identification card
of | ||||||
| 18 | every employee who terminates employment with him or her.
| ||||||
| 19 | (i) Every employer shall maintain a separate roster of
the | ||||||
| 20 | names of all employees currently working in an armed
capacity | ||||||
| 21 | and submit the roster to the Department on request.
| ||||||
| 22 | (j) No agency may employ any person to perform a
licensed | ||||||
| 23 | activity under this Act unless the person possesses a
valid | ||||||
| 24 | permanent employee registration card or a valid license
under | ||||||
| 25 | this Act, or is exempt pursuant to subsection (n).
| ||||||
| 26 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
| |||||||
| |||||||
| 1 | agency may employ a person in a temporary capacity if all of
| ||||||
| 2 | the following conditions are met:
| ||||||
| 3 | (1) The agency completes in its entirety and
submits to | ||||||
| 4 | the Department an application for a permanent
employee | ||||||
| 5 | registration card, including the required fingerprint
| ||||||
| 6 | receipt and fees.
| ||||||
| 7 | (2) The agency has verification from the Department
| ||||||
| 8 | that the applicant has no record of any criminal conviction
| ||||||
| 9 | pursuant to the criminal history check conducted by the
| ||||||
| 10 | Illinois Department of State Police. The agency shall | ||||||
| 11 | maintain the
verification of the results of the Illinois | ||||||
| 12 | Department of State Police
criminal history check as part | ||||||
| 13 | of the employee record as
required under subsection (e) of | ||||||
| 14 | this Section.
| ||||||
| 15 | (3) The agency exercises due diligence to ensure
that | ||||||
| 16 | the person is qualified under the requirements of the Act
| ||||||
| 17 | to be issued a permanent employee registration card.
| ||||||
| 18 | (4) The agency maintains a separate roster of the
names | ||||||
| 19 | of all employees whose applications are currently
pending | ||||||
| 20 | with the Department and submits the roster to the
| ||||||
| 21 | Department on a monthly basis. Rosters are to be maintained
| ||||||
| 22 | by the agency for a period of at least 24 months.
| ||||||
| 23 | An agency may employ only a permanent employee applicant
| ||||||
| 24 | for which it either submitted a permanent employee application
| ||||||
| 25 | and all required forms and fees or it confirms with the
| ||||||
| 26 | Department that a permanent employee application and all
| ||||||
| |||||||
| |||||||
| 1 | required forms and fees have been submitted by another agency,
| ||||||
| 2 | licensee or the permanent employee and all other requirements
| ||||||
| 3 | of this Section are met.
| ||||||
| 4 | The Department shall have the authority to revoke,
without | ||||||
| 5 | a hearing, the temporary authority of an individual to
work | ||||||
| 6 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
| 7 | data or a report of another official authority
indicating a | ||||||
| 8 | criminal conviction. If the Department has not
received a | ||||||
| 9 | temporary employee's Federal Bureau of
Investigation | ||||||
| 10 | fingerprint data within 120 days of the date the
Department | ||||||
| 11 | received the Illinois Department of State Police fingerprint
| ||||||
| 12 | data, the Department may, at its discretion, revoke the
| ||||||
| 13 | employee's temporary authority to work with 15 days written
| ||||||
| 14 | notice to the individual and the employing agency.
| ||||||
| 15 | An agency may not employ a person in a temporary capacity
| ||||||
| 16 | if it knows or reasonably should have known that the person
has | ||||||
| 17 | been convicted of a crime under the laws of this State,
has | ||||||
| 18 | been convicted in another state of any crime that is a
crime | ||||||
| 19 | under the laws of this State, has been convicted of any
crime | ||||||
| 20 | in a federal court, or has been posted as an unapproved
| ||||||
| 21 | applicant by the Department. Notice by the Department to the
| ||||||
| 22 | agency, via certified mail, personal delivery, electronic
| ||||||
| 23 | mail, or posting on the Department's Internet site accessible
| ||||||
| 24 | to the agency that the person has been convicted of a crime
| ||||||
| 25 | shall be deemed constructive knowledge of the conviction on
the | ||||||
| 26 | part of the agency. The Department may adopt rules to
implement | ||||||
| |||||||
| |||||||
| 1 | this
subsection (k).
| ||||||
| 2 | (l) No person may be employed under this Section in any
| ||||||
| 3 | capacity if:
| ||||||
| 4 | (1) the person, while so employed, is being paid by
the | ||||||
| 5 | United States or any political subdivision for the time so
| ||||||
| 6 | employed in addition to any payments he or she may receive
| ||||||
| 7 | from the employer; or
| ||||||
| 8 | (2) the person wears any portion of his or her
official | ||||||
| 9 | uniform, emblem of authority, or equipment while so
| ||||||
| 10 | employed.
| ||||||
| 11 | (m) If information is discovered affecting the
| ||||||
| 12 | registration of a person whose fingerprints were submitted
| ||||||
| 13 | under this Section, the Department shall so notify the agency
| ||||||
| 14 | that submitted the fingerprints on behalf of that person.
| ||||||
| 15 | (n) Peace officers shall be exempt from the requirements
of | ||||||
| 16 | this Section relating to permanent employee registration
| ||||||
| 17 | cards. The agency shall remain responsible for any peace
| ||||||
| 18 | officer employed under this exemption, regardless of whether
| ||||||
| 19 | the peace officer is compensated as an employee or as an
| ||||||
| 20 | independent contractor and as further defined by rule.
| ||||||
| 21 | (o) Persons who have no access to confidential or
security | ||||||
| 22 | information, who do not go to a client's or prospective | ||||||
| 23 | client's residence or place of business, and who otherwise do | ||||||
| 24 | not provide
traditional security services are exempt from | ||||||
| 25 | employee
registration. Examples of exempt employees include, | ||||||
| 26 | but are
not limited to, employees working in the capacity of | ||||||
| |||||||
| |||||||
| 1 | ushers,
directors, ticket takers, cashiers, drivers, and | ||||||
| 2 | reception
personnel. Confidential or security information is | ||||||
| 3 | that which
pertains to employee files, scheduling, client | ||||||
| 4 | contracts, or
technical security and alarm data.
| ||||||
| 5 | (p) An applicant who is 21 years of age or older seeking a | ||||||
| 6 | religious exemption to the photograph requirement of this | ||||||
| 7 | Section shall furnish with the application an approved copy of | ||||||
| 8 | United States Department of the Treasury Internal Revenue | ||||||
| 9 | Service Form 4029. Regardless of age, an applicant seeking a | ||||||
| 10 | religious exemption to this photograph requirement shall | ||||||
| 11 | submit fingerprints in a form and manner prescribed by the | ||||||
| 12 | Department with his or her application in lieu of a photograph. | ||||||
| 13 | (Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
| ||||||
| 14 | (225 ILCS 447/40-10)
| ||||||
| 15 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 16 | Sec. 40-10. Disciplinary sanctions.
| ||||||
| 17 | (a) The Department may deny issuance, refuse to renew,
or | ||||||
| 18 | restore or may reprimand, place on probation, suspend,
revoke, | ||||||
| 19 | or take other disciplinary or non-disciplinary action against | ||||||
| 20 | any license, registration, permanent employee
registration | ||||||
| 21 | card, canine handler authorization card, canine trainer | ||||||
| 22 | authorization card, or firearm control
card, may
impose a fine | ||||||
| 23 | not to exceed $10,000 for each violation, and may assess costs | ||||||
| 24 | as provided for under Section 45-60, for
any of the following:
| ||||||
| 25 | (1) Fraud, deception, or misrepresentation in | ||||||
| |||||||
| |||||||
| 1 | obtaining or renewing of
a license or registration.
| ||||||
| 2 | (2) Professional incompetence as manifested by poor
| ||||||
| 3 | standards of service.
| ||||||
| 4 | (3) Engaging in dishonorable, unethical, or
| ||||||
| 5 | unprofessional conduct of a character likely to deceive,
| ||||||
| 6 | defraud, or harm the public.
| ||||||
| 7 | (4) Conviction of or plea of guilty or plea of nolo | ||||||
| 8 | contendere to a felony or misdemeanor in this State or any | ||||||
| 9 | other jurisdiction or the entry of an administrative | ||||||
| 10 | sanction by a government agency in this State or any other | ||||||
| 11 | jurisdiction; action taken under this paragraph (4) for a | ||||||
| 12 | misdemeanor or an administrative sanction is limited to a | ||||||
| 13 | misdemeanor or administrative sanction that has as an | ||||||
| 14 | essential element of dishonesty or fraud or involves | ||||||
| 15 | larceny, embezzlement, or obtaining money, property, or | ||||||
| 16 | credit by false pretenses or by means of a confidence game.
| ||||||
| 17 | (5) Performing any services in a grossly negligent
| ||||||
| 18 | manner or permitting any of a licensee's employees to | ||||||
| 19 | perform
services in a grossly negligent manner, regardless | ||||||
| 20 | of whether
actual damage to the public is established.
| ||||||
| 21 | (6) Continued practice, although the person
has become | ||||||
| 22 | unfit to practice due to any of the
following:
| ||||||
| 23 | (A) Physical illness, mental illness, or other | ||||||
| 24 | impairment, including, but not
limited to, | ||||||
| 25 | deterioration through the aging process or loss of
| ||||||
| 26 | motor skills that results in the inability to serve the | ||||||
| |||||||
| |||||||
| 1 | public
with reasonable judgment, skill, or safety.
| ||||||
| 2 | (B) (Blank).
| ||||||
| 3 | (C) Habitual or excessive use or abuse of drugs | ||||||
| 4 | defined in law as controlled substances, alcohol, or | ||||||
| 5 | any other substance that results in the inability to | ||||||
| 6 | practice with reasonable judgment, skill, or safety.
| ||||||
| 7 | (7) Receiving, directly or indirectly, compensation
| ||||||
| 8 | for any services not rendered.
| ||||||
| 9 | (8) Willfully deceiving or defrauding the public on
a | ||||||
| 10 | material matter.
| ||||||
| 11 | (9) Failing to account for or remit any moneys or
| ||||||
| 12 | documents coming into the licensee's possession that
| ||||||
| 13 | belong to another person or entity.
| ||||||
| 14 | (10) Discipline by another United States
jurisdiction, | ||||||
| 15 | foreign nation, or governmental agency, if at least one of | ||||||
| 16 | the grounds
for the discipline is the same or substantially | ||||||
| 17 | equivalent to
those set forth in this Act.
| ||||||
| 18 | (11) Giving differential treatment to a person that
is | ||||||
| 19 | to that person's detriment because of race, color, creed,
| ||||||
| 20 | sex, religion, or national origin.
| ||||||
| 21 | (12) Engaging in false or misleading advertising.
| ||||||
| 22 | (13) Aiding, assisting, or willingly permitting
| ||||||
| 23 | another person to violate this Act or rules promulgated | ||||||
| 24 | under
it.
| ||||||
| 25 | (14) Performing and charging for services without
| ||||||
| 26 | authorization to do so from the person or entity serviced.
| ||||||
| |||||||
| |||||||
| 1 | (15) Directly or indirectly offering or accepting
any | ||||||
| 2 | benefit to or from any employee, agent, or fiduciary
| ||||||
| 3 | without the consent of the latter's employer or principal | ||||||
| 4 | with
intent to or the understanding that this action will | ||||||
| 5 | influence
his or her conduct in relation to his or her | ||||||
| 6 | employer's or
principal's affairs.
| ||||||
| 7 | (16) Violation of any disciplinary order imposed on
a | ||||||
| 8 | licensee by the Department.
| ||||||
| 9 | (17) Performing any act or practice that is a violation | ||||||
| 10 | of this Act or the rules for the administration of this | ||||||
| 11 | Act, or having a conviction or administrative finding of | ||||||
| 12 | guilty as a result of violating any federal or State laws, | ||||||
| 13 | rules, or regulations that apply exclusively to the | ||||||
| 14 | practices of private detectives, private alarm | ||||||
| 15 | contractors, private security contractors, fingerprint | ||||||
| 16 | vendors, or locksmiths.
| ||||||
| 17 | (18) Conducting an agency without a valid license.
| ||||||
| 18 | (19) Revealing confidential information, except as
| ||||||
| 19 | required by law, including but not limited to information
| ||||||
| 20 | available under Section 2-123 of the Illinois Vehicle Code.
| ||||||
| 21 | (20) Failing to make available to the Department,
upon | ||||||
| 22 | request, any books, records, or forms required by this
Act.
| ||||||
| 23 | (21) Failing, within 30 days, to respond to a
written | ||||||
| 24 | request for information from the Department.
| ||||||
| 25 | (22) Failing to provide employment information or
| ||||||
| 26 | experience information required by the Department | ||||||
| |||||||
| |||||||
| 1 | regarding an
applicant for licensure.
| ||||||
| 2 | (23) Failing to make available to the Department at
the | ||||||
| 3 | time of the request any indicia of licensure or
| ||||||
| 4 | registration issued under this Act.
| ||||||
| 5 | (24) Purporting to be a licensee-in-charge of an
agency | ||||||
| 6 | without active participation in the agency.
| ||||||
| 7 | (25) A finding by the Department that the licensee, | ||||||
| 8 | after having his or her license placed on probationary | ||||||
| 9 | status, has violated the terms of probation. | ||||||
| 10 | (26) Violating subsection (f) of Section 30-30. | ||||||
| 11 | (27) A firearm control card holder having more firearms | ||||||
| 12 | in his or her immediate possession than he or she can | ||||||
| 13 | reasonably exercise control over. | ||||||
| 14 | (28) Failure to report in writing to the Department, | ||||||
| 15 | within 60 days of an entry of a settlement or a verdict in | ||||||
| 16 | excess of $10,000, any legal action in which the quality of | ||||||
| 17 | the licensee's or registrant's professional services was | ||||||
| 18 | the subject of the legal action. | ||||||
| 19 | (b) All fines imposed under this Section shall be paid | ||||||
| 20 | within 60 days after the effective date of the order imposing | ||||||
| 21 | the fine.
| ||||||
| 22 | (c) The Department shall adopt rules that set forth | ||||||
| 23 | standards of service for the following:
(i) acceptable error | ||||||
| 24 | rate in the transmission of fingerprint images and other data | ||||||
| 25 | to the Illinois Department of State Police;
(ii) acceptable | ||||||
| 26 | error rate in the collection and documentation of information | ||||||
| |||||||
| |||||||
| 1 | used to generate
fingerprint work orders;
and (iii) any other | ||||||
| 2 | standard of service that affects fingerprinting services as | ||||||
| 3 | determined by the
Department.
| ||||||
| 4 | The determination by a circuit court that a licensee is | ||||||
| 5 | subject to involuntary admission or judicial admission, as | ||||||
| 6 | provided in the Mental Health and Developmental Disabilities | ||||||
| 7 | Code, operates as an automatic suspension. The suspension will | ||||||
| 8 | end only upon a finding by a court that the patient is no | ||||||
| 9 | longer subject to involuntary admission or judicial admission | ||||||
| 10 | and the issuance of an order so finding and discharging the | ||||||
| 11 | patient. | ||||||
| 12 | (Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)
| ||||||
| 13 | Section 640. The Real Estate Appraiser Licensing Act of | ||||||
| 14 | 2002 is amended by changing Section 5-22 as follows:
| ||||||
| 15 | (225 ILCS 458/5-22) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2022) | ||||||
| 17 | Sec. 5-22. Criminal history records check. | ||||||
| 18 | (a) Each applicant for licensure by examination or | ||||||
| 19 | restoration shall have his or her fingerprints submitted to the | ||||||
| 20 | Illinois Department of State Police in an electronic format | ||||||
| 21 | that complies with the form and manner for requesting and | ||||||
| 22 | furnishing criminal history record information as prescribed | ||||||
| 23 | by the Illinois Department of State Police. These fingerprints | ||||||
| 24 | shall be checked against the Illinois Department of State | ||||||
| |||||||
| |||||||
| 1 | Police and Federal Bureau of Investigation criminal history | ||||||
| 2 | record databases now and hereafter filed. The Illinois | ||||||
| 3 | Department of State Police shall charge applicants a fee for | ||||||
| 4 | conducting the criminal history records check, which shall be | ||||||
| 5 | deposited into the State Police Services Fund and shall not | ||||||
| 6 | exceed the actual cost of the records check. The Illinois | ||||||
| 7 | Department of State Police shall
furnish, pursuant to positive | ||||||
| 8 | identification, records of Illinois convictions to the | ||||||
| 9 | Department. The Department may require applicants to pay a | ||||||
| 10 | separate fingerprinting fee, either to the Department or to a | ||||||
| 11 | vendor. The Department may adopt any rules necessary to | ||||||
| 12 | implement this Section.
| ||||||
| 13 | (b) The Secretary may designate a multi-state licensing | ||||||
| 14 | system to perform the functions described in subsection (a). | ||||||
| 15 | The Department may require applicants to pay a separate | ||||||
| 16 | fingerprinting fee, either to the Department or to the | ||||||
| 17 | multi-state licensing system. The Department may adopt any | ||||||
| 18 | rules necessary to implement this subsection. | ||||||
| 19 | (Source: P.A. 100-604, eff. 7-13-18.)
| ||||||
| 20 | Section 645. The Appraisal Management Company Registration | ||||||
| 21 | Act is amended by changing Section 68 as follows:
| ||||||
| 22 | (225 ILCS 459/68) | ||||||
| 23 | Sec. 68. Criminal history records background check. Each | ||||||
| 24 | individual applicant or controlling person on behalf of a | ||||||
| |||||||
| |||||||
| 1 | business entity that applies for registration or restoration | ||||||
| 2 | shall have his or her fingerprints submitted to the Illinois | ||||||
| 3 | Department of State Police in an electronic format that | ||||||
| 4 | complies with the form and manner for requesting and furnishing | ||||||
| 5 | criminal history record information as prescribed by the | ||||||
| 6 | Illinois Department of State Police, or through a multi-state | ||||||
| 7 | licensing system as designated by the Secretary. These | ||||||
| 8 | fingerprints shall be checked against the Illinois Department | ||||||
| 9 | of State Police and Federal Bureau of Investigation criminal | ||||||
| 10 | history record databases now and hereafter filed. The Illinois | ||||||
| 11 | Department of State Police shall charge applicants a fee for | ||||||
| 12 | conducting the criminal history records background check, | ||||||
| 13 | which shall be deposited into the State Police Services Fund | ||||||
| 14 | and shall not exceed the actual cost of the criminal history | ||||||
| 15 | records background check. The Illinois Department of State | ||||||
| 16 | Police shall furnish, pursuant to positive identification, | ||||||
| 17 | records of Illinois convictions to the Department. The | ||||||
| 18 | Department may require an applicant to pay a separate | ||||||
| 19 | fingerprinting fee, either to the Department or to a vendor. | ||||||
| 20 | The Department may adopt any rules necessary to implement this | ||||||
| 21 | Section.
| ||||||
| 22 | (Source: P.A. 100-604, eff. 7-13-18.)
| ||||||
| 23 | Section 650. The Solicitation for Charity Act is amended by | ||||||
| 24 | changing Section 16.5 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 460/16.5)
| ||||||
| 2 | Sec. 16.5. Terrorist acts.
| ||||||
| 3 | (a) Any person or organization subject to registration | ||||||
| 4 | under
this Act, who knowingly acts to further, directly or | ||||||
| 5 | indirectly, or knowingly
uses charitable
assets to conduct or | ||||||
| 6 | further, directly or indirectly, an act or actions as set
forth | ||||||
| 7 | in Article 29D of the Criminal Code of 2012, is thereby engaged | ||||||
| 8 | in an act
or actions contrary to public policy and antithetical | ||||||
| 9 | to charity, and all of
the funds, assets, and records of the | ||||||
| 10 | person or organization shall be
subject to temporary and | ||||||
| 11 | permanent injunction from use or expenditure and the
| ||||||
| 12 | appointment of a temporary and permanent receiver to take | ||||||
| 13 | possession of all of
the assets and related records.
| ||||||
| 14 | (b) An ex parte action may be commenced by the Attorney
| ||||||
| 15 | General, and, upon a showing of probable cause of a
violation | ||||||
| 16 | of this Section or Article 29D of the Criminal Code
of 2012, an | ||||||
| 17 | immediate seizure of books and records
by the Attorney General | ||||||
| 18 | by and through his or her assistants
or investigators or the | ||||||
| 19 | Illinois Department of State Police and freezing of all assets
| ||||||
| 20 | shall be
made by order of a court to protect the public, | ||||||
| 21 | protect the
assets, and allow a full review of the records.
| ||||||
| 22 | (c) Upon a finding by a court after a hearing that a person | ||||||
| 23 | or
organization has acted or is in violation of this Section, | ||||||
| 24 | the person
or organization shall be permanently enjoined from | ||||||
| 25 | soliciting funds from
the public, holding charitable funds, or | ||||||
| 26 | acting as a trustee or fiduciary
within Illinois. Upon a | ||||||
| |||||||
| |||||||
| 1 | finding of violation all assets and funds
held by the person or | ||||||
| 2 | organization shall be forfeited to the People of
the State of | ||||||
| 3 | Illinois or otherwise ordered by the court to be accounted
for | ||||||
| 4 | and marshaled and then delivered to charitable causes and uses | ||||||
| 5 | within
the State of Illinois by court order.
| ||||||
| 6 | (d) A determination under this Section may be made by any
| ||||||
| 7 | court separate and apart from any criminal
proceedings and the | ||||||
| 8 | standard of proof shall be that for civil proceedings.
| ||||||
| 9 | (e) Any knowing use of charitable assets to conduct or | ||||||
| 10 | further, directly or
indirectly, an act or actions set forth in | ||||||
| 11 | Article 29D of the Criminal Code of
2012 shall be a misuse of | ||||||
| 12 | charitable assets and breach of fiduciary duty
relative to all | ||||||
| 13 | other Sections of this Act.
| ||||||
| 14 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
| 15 | Section 655. The Illinois Horse Racing Act of 1975 is | ||||||
| 16 | amended by changing Sections 9, 15, 28, 34, and 45 as follows:
| ||||||
| 17 | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| ||||||
| 18 | Sec. 9.
The Board shall have all powers necessary and | ||||||
| 19 | proper to fully and
effectively execute the provisions of this | ||||||
| 20 | Act, including, but not
limited to, the following:
| ||||||
| 21 | (a) The Board is vested with jurisdiction and supervision | ||||||
| 22 | over all race
meetings in this State, over all licensees doing | ||||||
| 23 | business
in this
State, over all occupation licensees, and over | ||||||
| 24 | all persons on the
facilities of any licensee. Such | ||||||
| |||||||
| |||||||
| 1 | jurisdiction shall
include the power to issue licenses to the | ||||||
| 2 | Illinois Department of
Agriculture authorizing the pari-mutuel | ||||||
| 3 | system of wagering
on harness and Quarter Horse races held (1) | ||||||
| 4 | at the Illinois State Fair in
Sangamon County, and (2) at the | ||||||
| 5 | DuQuoin State Fair in Perry County. The
jurisdiction of the | ||||||
| 6 | Board shall also include the power to issue licenses to
county | ||||||
| 7 | fairs which are eligible to receive funds pursuant to the
| ||||||
| 8 | Agricultural Fair Act, as now or hereafter amended, or their | ||||||
| 9 | agents,
authorizing the pari-mutuel system of wagering on horse
| ||||||
| 10 | races
conducted at the county fairs receiving such licenses. | ||||||
| 11 | Such licenses shall be
governed by subsection (n) of this | ||||||
| 12 | Section.
| ||||||
| 13 | Upon application, the Board shall issue a license to the | ||||||
| 14 | Illinois Department
of Agriculture to conduct harness and | ||||||
| 15 | Quarter Horse races at the Illinois State
Fair and at the | ||||||
| 16 | DuQuoin State Fairgrounds
during the scheduled dates of each | ||||||
| 17 | fair. The Board shall not require and the
Department of | ||||||
| 18 | Agriculture shall be exempt from the requirements of Sections
| ||||||
| 19 | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | ||||||
| 20 | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | ||||||
| 21 | and 25. The Board and the Department
of
Agriculture may extend | ||||||
| 22 | any or all of these exemptions to any contractor or
agent | ||||||
| 23 | engaged by the Department of Agriculture to conduct its race | ||||||
| 24 | meetings
when the Board determines that this would best serve | ||||||
| 25 | the public interest and
the interest of horse racing.
| ||||||
| 26 | Notwithstanding any provision of law to the contrary, it | ||||||
| |||||||
| |||||||
| 1 | shall be lawful for
any licensee to operate pari-mutuel | ||||||
| 2 | wagering
or
contract with the Department of Agriculture to | ||||||
| 3 | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | ||||||
| 4 | or for the Department to enter into contracts
with a licensee, | ||||||
| 5 | employ its owners,
employees
or
agents and employ such other | ||||||
| 6 | occupation licensees as the Department deems
necessary in | ||||||
| 7 | connection with race meetings and wagerings.
| ||||||
| 8 | (b) The Board is vested with the full power to promulgate | ||||||
| 9 | reasonable
rules and regulations for the purpose of | ||||||
| 10 | administering the provisions of
this Act and to prescribe | ||||||
| 11 | reasonable rules, regulations and conditions
under which all | ||||||
| 12 | horse race meetings or wagering in the State shall be
| ||||||
| 13 | conducted. Such reasonable rules and regulations are to provide | ||||||
| 14 | for the
prevention of practices detrimental to the public | ||||||
| 15 | interest and to promote the best
interests of horse racing and | ||||||
| 16 | to impose penalties for violations thereof.
| ||||||
| 17 | (c) The Board, and any person or persons to whom it | ||||||
| 18 | delegates
this power, is vested with the power to enter the | ||||||
| 19 | facilities and other places of business of any licensee to | ||||||
| 20 | determine whether there has been compliance with
the provisions | ||||||
| 21 | of this Act and its rules and regulations.
| ||||||
| 22 | (d) The Board, and any person or persons to whom it | ||||||
| 23 | delegates this
power, is vested with the authority to | ||||||
| 24 | investigate alleged violations of
the provisions of this Act, | ||||||
| 25 | its reasonable rules and regulations, orders
and final | ||||||
| 26 | decisions; the Board shall take appropriate disciplinary | ||||||
| |||||||
| |||||||
| 1 | action
against any licensee or occupation licensee for | ||||||
| 2 | violation
thereof or
institute appropriate legal action for the | ||||||
| 3 | enforcement thereof.
| ||||||
| 4 | (e) The Board, and any person or persons to whom it | ||||||
| 5 | delegates this power,
may eject or exclude from any race | ||||||
| 6 | meeting or
the facilities of any licensee, or any part
thereof, | ||||||
| 7 | any occupation licensee or any
other individual whose conduct | ||||||
| 8 | or reputation is such that his presence on
those facilities | ||||||
| 9 | may, in the opinion of the Board, call into question
the | ||||||
| 10 | honesty and integrity of horse racing or wagering or interfere | ||||||
| 11 | with the
orderly
conduct of horse racing or wagering; provided, | ||||||
| 12 | however, that no person
shall be
excluded or ejected from the | ||||||
| 13 | facilities of any licensee solely on the grounds of
race, | ||||||
| 14 | color, creed, national origin, ancestry, or sex. The power to | ||||||
| 15 | eject
or exclude an occupation licensee or other individual may
| ||||||
| 16 | be exercised for just cause by the licensee or the Board, | ||||||
| 17 | subject to subsequent hearing by the
Board as to the propriety | ||||||
| 18 | of said exclusion.
| ||||||
| 19 | (f) The Board is vested with the power to acquire,
| ||||||
| 20 | establish, maintain and operate (or provide by contract to
| ||||||
| 21 | maintain and operate) testing laboratories and related | ||||||
| 22 | facilities,
for the purpose of conducting saliva, blood, urine | ||||||
| 23 | and other tests on the
horses run or to be run in any horse race | ||||||
| 24 | meeting, including races run at county fairs, and to purchase | ||||||
| 25 | all
equipment and supplies deemed necessary or desirable in | ||||||
| 26 | connection with
any such testing laboratories and related | ||||||
| |||||||
| |||||||
| 1 | facilities and all such tests.
| ||||||
| 2 | (g) The Board may require that the records, including | ||||||
| 3 | financial or other
statements of any licensee or any person | ||||||
| 4 | affiliated with the licensee who is
involved directly or | ||||||
| 5 | indirectly in the activities of any licensee as regulated
under | ||||||
| 6 | this Act to the extent that those financial or other statements | ||||||
| 7 | relate to
such activities be kept in
such manner as prescribed | ||||||
| 8 | by the Board, and that Board employees shall have
access to | ||||||
| 9 | those records during reasonable business
hours. Within 120 days | ||||||
| 10 | of the end of its fiscal year, each licensee shall
transmit to
| ||||||
| 11 | the Board
an audit of the financial transactions and condition | ||||||
| 12 | of the licensee's total
operations. All audits shall be | ||||||
| 13 | conducted by certified public accountants.
Each certified | ||||||
| 14 | public accountant must be registered in the State of Illinois
| ||||||
| 15 | under the Illinois Public Accounting Act. The compensation for | ||||||
| 16 | each certified
public accountant shall be paid directly by the | ||||||
| 17 | licensee to the certified
public accountant. A licensee shall | ||||||
| 18 | also submit any other financial or related
information the | ||||||
| 19 | Board deems necessary to effectively administer this Act and
| ||||||
| 20 | all rules, regulations, and final decisions promulgated under | ||||||
| 21 | this Act.
| ||||||
| 22 | (h) The Board shall name and appoint in the manner provided | ||||||
| 23 | by the rules
and regulations of the Board: an Executive | ||||||
| 24 | Director; a State director
of mutuels; State veterinarians and | ||||||
| 25 | representatives to take saliva, blood,
urine and other tests on | ||||||
| 26 | horses; licensing personnel; revenue
inspectors; and State | ||||||
| |||||||
| |||||||
| 1 | seasonal employees (excluding admission ticket
sellers and | ||||||
| 2 | mutuel clerks). All of those named and appointed as provided
in | ||||||
| 3 | this subsection shall serve during the pleasure of the Board; | ||||||
| 4 | their
compensation shall be determined by the Board and be paid | ||||||
| 5 | in the same
manner as other employees of the Board under this | ||||||
| 6 | Act.
| ||||||
| 7 | (i) The Board shall require that there shall be 3 stewards | ||||||
| 8 | at each horse
race meeting, at least 2 of whom shall be named | ||||||
| 9 | and appointed by the Board.
Stewards appointed or approved by | ||||||
| 10 | the Board, while performing duties
required by this Act or by | ||||||
| 11 | the Board, shall be entitled to the same rights
and immunities | ||||||
| 12 | as granted to Board members and Board employees in Section
10 | ||||||
| 13 | of this Act.
| ||||||
| 14 | (j) The Board may discharge any Board employee
who fails or | ||||||
| 15 | refuses for any reason to comply with the rules and
regulations | ||||||
| 16 | of the Board, or who, in the opinion of the Board,
is guilty of | ||||||
| 17 | fraud, dishonesty or who is proven to be incompetent.
The Board | ||||||
| 18 | shall have no right or power to determine who shall be | ||||||
| 19 | officers,
directors or employees of any licensee, or their | ||||||
| 20 | salaries
except the Board may, by rule, require that all or any | ||||||
| 21 | officials or
employees in charge of or whose duties relate to | ||||||
| 22 | the actual running of
races be approved by the Board.
| ||||||
| 23 | (k) The Board is vested with the power to appoint
delegates | ||||||
| 24 | to execute any of the powers granted to it under this Section
| ||||||
| 25 | for the purpose of administering this Act and any rules or | ||||||
| 26 | regulations
promulgated in accordance with this Act.
| ||||||
| |||||||
| |||||||
| 1 | (l) The Board is vested with the power to impose civil | ||||||
| 2 | penalties of up to
$5,000 against an individual and up to | ||||||
| 3 | $10,000 against a
licensee for each
violation of any provision | ||||||
| 4 | of this Act, any rules adopted by the Board, any
order of the | ||||||
| 5 | Board or any other action which, in the Board's discretion, is
| ||||||
| 6 | a detriment or impediment to horse racing or wagering. | ||||||
| 7 | Beginning on the date when any organization licensee begins | ||||||
| 8 | conducting gaming pursuant to an organization gaming license | ||||||
| 9 | issued under the Illinois Gambling Act, the power granted to | ||||||
| 10 | the Board pursuant to this subsection (l) shall authorize the | ||||||
| 11 | Board to impose penalties of up to $10,000 against an | ||||||
| 12 | individual and up to $25,000 against a licensee. All such civil | ||||||
| 13 | penalties shall be deposited into the Horse Racing Fund.
| ||||||
| 14 | (m) The Board is vested with the power to prescribe a form | ||||||
| 15 | to be used
by licensees as an application for employment for | ||||||
| 16 | employees of
each licensee.
| ||||||
| 17 | (n) The Board shall have the power to issue a license
to | ||||||
| 18 | any county fair, or its
agent, authorizing the conduct of the | ||||||
| 19 | pari-mutuel system of
wagering. The Board is vested with the | ||||||
| 20 | full power to promulgate
reasonable rules, regulations and | ||||||
| 21 | conditions under which all horse race
meetings licensed | ||||||
| 22 | pursuant to this subsection shall be held and conducted,
| ||||||
| 23 | including rules, regulations and conditions for the conduct of | ||||||
| 24 | the
pari-mutuel system of wagering. The rules, regulations and
| ||||||
| 25 | conditions shall provide for the prevention of practices | ||||||
| 26 | detrimental to the
public interest and for the best interests | ||||||
| |||||||
| |||||||
| 1 | of horse racing, and shall
prescribe penalties for violations | ||||||
| 2 | thereof. Any authority granted the
Board under this Act shall | ||||||
| 3 | extend to its jurisdiction and supervision over
county fairs, | ||||||
| 4 | or their agents, licensed pursuant to this subsection.
However, | ||||||
| 5 | the Board may waive any provision of this Act or its rules or
| ||||||
| 6 | regulations which would otherwise apply to such county fairs or | ||||||
| 7 | their agents.
| ||||||
| 8 | (o) Whenever the Board is authorized or
required by law to | ||||||
| 9 | consider some aspect of criminal history record
information for | ||||||
| 10 | the purpose of carrying out its statutory powers and
| ||||||
| 11 | responsibilities, then, upon request and payment of fees in | ||||||
| 12 | conformance
with the requirements of Section 2605-400 of
the | ||||||
| 13 | Illinois Department of State Police Law (20 ILCS | ||||||
| 14 | 2605/2605-400), the Illinois Department of State Police is
| ||||||
| 15 | authorized to furnish, pursuant to positive identification, | ||||||
| 16 | such
information contained in State files as is necessary to | ||||||
| 17 | fulfill the request.
| ||||||
| 18 | (p) To insure the convenience, comfort, and wagering | ||||||
| 19 | accessibility of
race track patrons, to provide for the | ||||||
| 20 | maximization of State revenue, and
to generate increases in | ||||||
| 21 | purse allotments to the horsemen, the Board shall
require any | ||||||
| 22 | licensee to staff the pari-mutuel department with
adequate | ||||||
| 23 | personnel.
| ||||||
| 24 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
| 25 | (230 ILCS 5/15) (from Ch. 8, par. 37-15)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 15.
(a) The Board shall, in its discretion, issue | ||||||
| 2 | occupation
licenses
to horse owners, trainers, harness | ||||||
| 3 | drivers, jockeys, agents, apprentices,
grooms, stable foremen, | ||||||
| 4 | exercise persons, veterinarians, valets, blacksmiths,
| ||||||
| 5 | concessionaires and others designated by the Board whose work, | ||||||
| 6 | in whole or in
part, is conducted upon facilities within the | ||||||
| 7 | State. Such occupation licenses
will
be obtained prior to the
| ||||||
| 8 | persons engaging in their vocation upon such facilities. The
| ||||||
| 9 | Board shall not license pari-mutuel clerks, parking | ||||||
| 10 | attendants, security
guards and employees of concessionaires. | ||||||
| 11 | No occupation license shall be
required of
any person who works | ||||||
| 12 | at facilities within this
State as a pari-mutuel
clerk, parking | ||||||
| 13 | attendant, security guard or as an employee of a | ||||||
| 14 | concessionaire.
Concessionaires of the Illinois State Fair and | ||||||
| 15 | DuQuoin State Fair and
employees of the Illinois Department of | ||||||
| 16 | Agriculture shall not be required to
obtain an occupation | ||||||
| 17 | license by the Board.
| ||||||
| 18 | (b) Each application for an occupation license shall be on | ||||||
| 19 | forms
prescribed by the Board. Such license, when issued, shall | ||||||
| 20 | be for the
period ending December 31 of each year, except that | ||||||
| 21 | the Board in its
discretion may grant 3-year licenses. The | ||||||
| 22 | application shall
be accompanied
by a fee of not more than $25 | ||||||
| 23 | per year
or, in the case of 3-year occupation
license
| ||||||
| 24 | applications, a fee of not more than $60. Each applicant shall | ||||||
| 25 | set forth in
the application his full name and address, and if | ||||||
| 26 | he had been issued prior
occupation licenses or has been | ||||||
| |||||||
| |||||||
| 1 | licensed in any other state under any other
name, such name, | ||||||
| 2 | his age, whether or not a permit or license issued to him
in | ||||||
| 3 | any other state has been suspended or revoked and if so whether | ||||||
| 4 | such
suspension or revocation is in effect at the time of the | ||||||
| 5 | application, and
such other information as the Board may | ||||||
| 6 | require. Fees for registration of
stable names shall not exceed | ||||||
| 7 | $50.00. Beginning on the date when any organization licensee | ||||||
| 8 | begins conducting gaming pursuant to an organization gaming | ||||||
| 9 | license issued under the Illinois Gambling Act, the fee for | ||||||
| 10 | registration of stable names shall not exceed $150, and the | ||||||
| 11 | application fee for an occupation license shall not exceed $75, | ||||||
| 12 | per year or, in the case of a 3-year occupation license | ||||||
| 13 | application, the fee shall not exceed $180.
| ||||||
| 14 | (c) The Board may in its discretion refuse an occupation | ||||||
| 15 | license
to any person:
| ||||||
| 16 | (1) who has been convicted of a crime;
| ||||||
| 17 | (2) who is unqualified to perform the duties required | ||||||
| 18 | of such applicant;
| ||||||
| 19 | (3) who fails to disclose or states falsely any | ||||||
| 20 | information called for
in the application;
| ||||||
| 21 | (4) who has been found guilty of a violation of this | ||||||
| 22 | Act or of the rules
and regulations of the Board; or
| ||||||
| 23 | (5) whose license or permit has been suspended, revoked | ||||||
| 24 | or denied for just
cause in any other state.
| ||||||
| 25 | (d) The Board may suspend or revoke any occupation license:
| ||||||
| 26 | (1) for violation of any of the provisions of this Act; | ||||||
| |||||||
| |||||||
| 1 | or
| ||||||
| 2 | (2) for violation of any of the rules or regulations of | ||||||
| 3 | the Board; or
| ||||||
| 4 | (3) for any cause which, if known to the Board, would | ||||||
| 5 | have justified the
Board in refusing to issue such | ||||||
| 6 | occupation license; or
| ||||||
| 7 | (4) for any other just cause.
| ||||||
| 8 | (e)
Each applicant shall submit his or her fingerprints | ||||||
| 9 | to the
Illinois Department of State Police in the form and | ||||||
| 10 | manner prescribed by the Illinois Department of State Police. | ||||||
| 11 | These fingerprints shall be checked against the fingerprint | ||||||
| 12 | records
now and hereafter filed in the Illinois Department of | ||||||
| 13 | State Police and Federal Bureau of Investigation criminal | ||||||
| 14 | history records
databases. The Illinois Department of State | ||||||
| 15 | Police shall charge
a fee for conducting the criminal history | ||||||
| 16 | records check, which shall be
deposited in the State Police | ||||||
| 17 | Services Fund and shall not exceed the actual
cost of the | ||||||
| 18 | records check. The Illinois Department of State Police shall | ||||||
| 19 | furnish,
pursuant to positive identification, records of | ||||||
| 20 | conviction to the Board.
Each applicant for licensure shall | ||||||
| 21 | submit with his occupation
license
application, on forms | ||||||
| 22 | provided by the Board, 2 sets of his fingerprints.
All such | ||||||
| 23 | applicants shall appear in person at the location designated by
| ||||||
| 24 | the Board for the purpose of submitting such sets of | ||||||
| 25 | fingerprints; however,
with the prior approval of a State | ||||||
| 26 | steward, an applicant may have such sets
of fingerprints taken | ||||||
| |||||||
| |||||||
| 1 | by an official law enforcement agency and submitted to
the | ||||||
| 2 | Board.
| ||||||
| 3 | (f) The Board may, in its discretion, issue an occupation | ||||||
| 4 | license without
submission of fingerprints if an applicant has | ||||||
| 5 | been duly licensed in another
recognized racing jurisdiction | ||||||
| 6 | after submitting fingerprints that were
subjected to a Federal | ||||||
| 7 | Bureau of Investigation criminal history background
check
in
| ||||||
| 8 | that jurisdiction.
| ||||||
| 9 | (g) Beginning on the date when any organization licensee | ||||||
| 10 | begins conducting gaming pursuant to an organization gaming | ||||||
| 11 | license issued under the Illinois Gambling Act, the Board may | ||||||
| 12 | charge each applicant a reasonable nonrefundable fee to defray | ||||||
| 13 | the costs associated with the background investigation | ||||||
| 14 | conducted by the Board. This fee shall be exclusive of any | ||||||
| 15 | other fee or fees charged in connection with an application for | ||||||
| 16 | and, if applicable, the issuance of, an organization gaming | ||||||
| 17 | license. If the costs of the investigation exceed the amount of | ||||||
| 18 | the fee charged, the Board shall immediately notify the | ||||||
| 19 | applicant of the additional amount owed, payment of which must | ||||||
| 20 | be submitted to the Board within 7 days after such | ||||||
| 21 | notification. All information, records, interviews, reports, | ||||||
| 22 | statements, memoranda, or other data supplied to or used by the | ||||||
| 23 | Board in the course of its review or investigation of an | ||||||
| 24 | applicant for a license or renewal under this Act shall be | ||||||
| 25 | privileged, strictly confidential, and shall be used only for | ||||||
| 26 | the purpose of evaluating an applicant for a license or a | ||||||
| |||||||
| |||||||
| 1 | renewal. Such information, records, interviews, reports, | ||||||
| 2 | statements, memoranda, or other data shall not be admissible as | ||||||
| 3 | evidence, nor discoverable, in any action of any kind in any | ||||||
| 4 | court or before any tribunal, board, agency, or person, except | ||||||
| 5 | for any action deemed necessary by the Board. | ||||||
| 6 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
| 7 | (230 ILCS 5/28) (from Ch. 8, par. 37-28)
| ||||||
| 8 | Sec. 28. Except as provided in subsection (g) of Section 27 | ||||||
| 9 | of this Act,
moneys collected shall be distributed according to | ||||||
| 10 | the provisions of this
Section 28.
| ||||||
| 11 | (a) Thirty
per cent of the total of all monies received
by | ||||||
| 12 | the State as privilege taxes shall be paid into the | ||||||
| 13 | Metropolitan Exposition,
Auditorium and Office Building Fund | ||||||
| 14 | in the State Treasury.
| ||||||
| 15 | (b) In addition, 4.5% of the total of all monies received
| ||||||
| 16 | by the State as privilege taxes shall be paid into the State | ||||||
| 17 | treasury
into a special Fund to be known as the Metropolitan | ||||||
| 18 | Exposition,
Auditorium and Office Building Fund.
| ||||||
| 19 | (c) Fifty per cent of the total of all monies received by | ||||||
| 20 | the State
as privilege taxes under the provisions of this Act | ||||||
| 21 | shall be paid into
the Agricultural Premium Fund.
| ||||||
| 22 | (d) Seven per cent of the total of all monies received by | ||||||
| 23 | the State
as privilege taxes shall be paid into the Fair and | ||||||
| 24 | Exposition Fund in
the State treasury; provided, however, that | ||||||
| 25 | when all bonds issued prior to
July 1, 1984 by the Metropolitan | ||||||
| |||||||
| |||||||
| 1 | Fair and Exposition Authority shall have
been paid or payment | ||||||
| 2 | shall have been provided for upon a refunding of those
bonds, | ||||||
| 3 | thereafter 1/12 of $1,665,662 of such monies shall be paid each
| ||||||
| 4 | month into the Build Illinois Fund, and the remainder into the | ||||||
| 5 | Fair and
Exposition Fund. All excess monies shall be allocated | ||||||
| 6 | to the Department of
Agriculture for distribution to county | ||||||
| 7 | fairs for premiums and
rehabilitation as set forth in the | ||||||
| 8 | Agricultural Fair Act.
| ||||||
| 9 | (e) The monies provided for in Section 30 shall be paid | ||||||
| 10 | into the
Illinois Thoroughbred Breeders Fund.
| ||||||
| 11 | (f) The monies provided for in Section 31 shall be paid | ||||||
| 12 | into the
Illinois Standardbred Breeders Fund.
| ||||||
| 13 | (g) Until January 1, 2000, that part representing
1/2 of | ||||||
| 14 | the total breakage in Thoroughbred,
Harness, Appaloosa, | ||||||
| 15 | Arabian, and Quarter Horse racing in the State shall
be paid | ||||||
| 16 | into the Illinois Race Track Improvement Fund as established
in | ||||||
| 17 | Section 32.
| ||||||
| 18 | (h) All other monies received by the Board under this Act | ||||||
| 19 | shall be
paid into the Horse Racing Fund.
| ||||||
| 20 | (i) The salaries of the Board members, secretary, stewards,
| ||||||
| 21 | directors of mutuels, veterinarians, representatives, | ||||||
| 22 | accountants,
clerks, stenographers, inspectors and other | ||||||
| 23 | employees of the Board, and
all expenses of the Board incident | ||||||
| 24 | to the administration of this Act,
including, but not limited | ||||||
| 25 | to, all expenses and salaries incident to the
taking of saliva | ||||||
| 26 | and urine samples in accordance with the rules and
regulations | ||||||
| |||||||
| |||||||
| 1 | of the Board shall be paid out of the Agricultural Premium
| ||||||
| 2 | Fund.
| ||||||
| 3 | (j) The Agricultural Premium Fund shall also be used:
| ||||||
| 4 | (1) for the expenses of operating the Illinois State | ||||||
| 5 | Fair and the
DuQuoin State Fair, including the
payment of | ||||||
| 6 | prize money or premiums;
| ||||||
| 7 | (2) for the distribution to county fairs, vocational | ||||||
| 8 | agriculture
section fairs, agricultural societies, and | ||||||
| 9 | agricultural extension clubs
in accordance with the | ||||||
| 10 | Agricultural Fair Act, as
amended;
| ||||||
| 11 | (3) for payment of prize monies and premiums awarded | ||||||
| 12 | and for
expenses incurred in connection with the | ||||||
| 13 | International Livestock
Exposition and the Mid-Continent | ||||||
| 14 | Livestock Exposition held in Illinois,
which premiums, and | ||||||
| 15 | awards must be approved, and paid by the Illinois
| ||||||
| 16 | Department of Agriculture;
| ||||||
| 17 | (4) for personal service of county agricultural | ||||||
| 18 | advisors and county
home advisors;
| ||||||
| 19 | (5) for distribution to agricultural home economic | ||||||
| 20 | extension
councils in accordance with "An Act in relation | ||||||
| 21 | to additional support
and finance for the Agricultural and | ||||||
| 22 | Home Economic Extension Councils in
the several counties in | ||||||
| 23 | this State and making an appropriation
therefor", approved | ||||||
| 24 | July 24, 1967, as amended;
| ||||||
| 25 | (6) for research on equine disease, including a | ||||||
| 26 | development center
therefor;
| ||||||
| |||||||
| |||||||
| 1 | (7) for training scholarships for study on equine | ||||||
| 2 | diseases to
students at the University of Illinois College | ||||||
| 3 | of Veterinary Medicine;
| ||||||
| 4 | (8) for the rehabilitation, repair and maintenance of
| ||||||
| 5 | the Illinois and DuQuoin State Fair Grounds and
the | ||||||
| 6 | structures and facilities thereon and the construction of | ||||||
| 7 | permanent
improvements on such Fair Grounds, including | ||||||
| 8 | such structures, facilities and
property located on such
| ||||||
| 9 | State Fair Grounds which are under the custody and control | ||||||
| 10 | of the
Department of Agriculture;
| ||||||
| 11 | (9) (blank);
| ||||||
| 12 | (10) for the expenses of the Department of Commerce and | ||||||
| 13 | Economic Opportunity under Sections
605-620, 605-625, and
| ||||||
| 14 | 605-630 of the Department of Commerce and Economic | ||||||
| 15 | Opportunity Law (20 ILCS
605/605-620, 605/605-625, and | ||||||
| 16 | 605/605-630);
| ||||||
| 17 | (11) for remodeling, expanding, and reconstructing | ||||||
| 18 | facilities
destroyed by fire of any Fair and Exposition | ||||||
| 19 | Authority in counties with
a population of 1,000,000 or | ||||||
| 20 | more inhabitants;
| ||||||
| 21 | (12) for the purpose of assisting in the care and | ||||||
| 22 | general
rehabilitation of veterans with disabilities of | ||||||
| 23 | any war and their surviving
spouses and orphans;
| ||||||
| 24 | (13) for expenses of the Illinois Department of State | ||||||
| 25 | Police for duties
performed under this Act;
| ||||||
| 26 | (14) for the Department of Agriculture for soil surveys | ||||||
| |||||||
| |||||||
| 1 | and soil and water
conservation purposes;
| ||||||
| 2 | (15) for the Department of Agriculture for grants to | ||||||
| 3 | the City of Chicago
for conducting the Chicagofest;
| ||||||
| 4 | (16) for the State Comptroller for grants and operating | ||||||
| 5 | expenses authorized by the Illinois Global Partnership | ||||||
| 6 | Act.
| ||||||
| 7 | (k) To the extent that monies paid by the Board to the | ||||||
| 8 | Agricultural
Premium Fund are in the opinion of the Governor in | ||||||
| 9 | excess of the amount
necessary for the purposes herein stated, | ||||||
| 10 | the Governor shall notify the
Comptroller and the State | ||||||
| 11 | Treasurer of such fact, who, upon receipt of
such notification, | ||||||
| 12 | shall transfer such excess monies from the
Agricultural Premium | ||||||
| 13 | Fund to the General Revenue Fund.
| ||||||
| 14 | (Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; | ||||||
| 15 | 100-110, eff. 8-15-17; 100-863, eff. 8-14-18.)
| ||||||
| 16 | (230 ILCS 5/34) (from Ch. 8, par. 37-34)
| ||||||
| 17 | Sec. 34.
(a) The Illinois Department of State Police shall | ||||||
| 18 | enforce the
racing statutes of the State and provide | ||||||
| 19 | investigative services during
all horse racing meetings | ||||||
| 20 | conducted in this State. Each
licensee shall provide and | ||||||
| 21 | maintain his own security personnel.
| ||||||
| 22 | (b) Each licensee shall submit a request for the
| ||||||
| 23 | investigative services to the Illinois Department of State | ||||||
| 24 | Police. The
Illinois Department of State Police shall determine | ||||||
| 25 | each
licensee's pro rata share of the Department's expenses for | ||||||
| |||||||
| |||||||
| 1 | investigative
services rendered to race tracks on a fiscal year | ||||||
| 2 | basis, and bill each
licensee, except the Illinois Department | ||||||
| 3 | of Agriculture or
their contractor, for such expenses. Upon | ||||||
| 4 | receipt of such billing,
the licensee shall pay the amount | ||||||
| 5 | billed into the
Agricultural Premium Fund. It shall be the duty | ||||||
| 6 | of the General Assembly
in subsequent years to review the | ||||||
| 7 | operation of the Illinois Department of State Police and make | ||||||
| 8 | consistent increases or, if the situation
necessitates, | ||||||
| 9 | decreases in the number of personnel necessary in order to
| ||||||
| 10 | fully assure that the Illinois Department of State Police is at | ||||||
| 11 | such a
strength as to effectively carry out the purposes of | ||||||
| 12 | this Act.
| ||||||
| 13 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
| 14 | (230 ILCS 5/45) (from Ch. 8, par. 37-45)
| ||||||
| 15 | Sec. 45.
It shall be the duty of the Attorney General and | ||||||
| 16 | the
various State's attorneys in this State in cooperation with | ||||||
| 17 | the Illinois Department of State Police to enforce
this Act. | ||||||
| 18 | The Governor may, upon request of the Illinois Department of | ||||||
| 19 | State Police,
order the law enforcing officers of the various | ||||||
| 20 | cities and
counties to assign a sufficient number of deputies | ||||||
| 21 | to aid members of the
Illinois Department of State Police
in | ||||||
| 22 | preventing horse racing at any track
within the respective | ||||||
| 23 | jurisdiction of such cities or counties an
organization license | ||||||
| 24 | for which has been refused, suspended or revoked by
the Board. | ||||||
| 25 | The Governor may similarly assign such deputies to aid the
| ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police
when, by his determination, | ||||||
| 2 | additional
forces are needed to preserve the health, welfare or | ||||||
| 3 | safety of any
person or animal within the grounds of any race | ||||||
| 4 | track in the State.
| ||||||
| 5 | (Source: P.A. 84-25.)
| ||||||
| 6 | Section 700. The Illinois Gambling Act is amended by | ||||||
| 7 | changing Sections 5, 6, 7.7, 9, 11, 13, and 22 as follows:
| ||||||
| 8 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
| 9 | Sec. 5. Gaming Board.
| ||||||
| 10 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
| 11 | Board, which shall have the powers and duties specified in
this | ||||||
| 12 | Act, and all other powers necessary and proper to fully and
| ||||||
| 13 | effectively execute this Act for the purpose of administering, | ||||||
| 14 | regulating,
and enforcing the system of riverboat and casino | ||||||
| 15 | gambling established by this Act and gaming pursuant to an | ||||||
| 16 | organization gaming license issued under this Act. Its
| ||||||
| 17 | jurisdiction shall extend under this Act to every person, | ||||||
| 18 | association,
corporation, partnership and trust involved in | ||||||
| 19 | riverboat and casino gambling
operations and gaming pursuant to | ||||||
| 20 | an organization gaming license issued under this Act in the | ||||||
| 21 | State of Illinois.
| ||||||
| 22 | (2) The Board shall consist of 5 members to be appointed by | ||||||
| 23 | the Governor
with the advice and consent of the Senate, one of | ||||||
| 24 | whom shall be designated
by the Governor to be chairperson. | ||||||
| |||||||
| |||||||
| 1 | Each member shall have a reasonable
knowledge of the practice, | ||||||
| 2 | procedure and principles of gambling operations.
Each member | ||||||
| 3 | shall either be a resident of Illinois or shall certify that he | ||||||
| 4 | or she
will become a resident of Illinois before taking office. | ||||||
| 5 | On and after the effective date of this amendatory Act of | ||||||
| 6 | the 101st General Assembly, new appointees to the Board must | ||||||
| 7 | include the following: | ||||||
| 8 | (A) One member who has received, at a minimum, a | ||||||
| 9 | bachelor's degree from an accredited school and at least 10 | ||||||
| 10 | years of verifiable experience in the fields of | ||||||
| 11 | investigation and law enforcement. | ||||||
| 12 | (B) One member who is a certified public accountant | ||||||
| 13 | with experience in auditing and with knowledge of complex | ||||||
| 14 | corporate structures and transactions. | ||||||
| 15 | (C) One member who has 5 years' experience as a | ||||||
| 16 | principal, senior officer, or director of a company or | ||||||
| 17 | business with either material responsibility for the daily | ||||||
| 18 | operations and management of the overall company or | ||||||
| 19 | business or material responsibility for the policy making | ||||||
| 20 | of the company or business. | ||||||
| 21 | (D) One member who is an attorney licensed to practice | ||||||
| 22 | law in Illinois for at least 5 years. | ||||||
| 23 | Notwithstanding any provision of this subsection (a), the | ||||||
| 24 | requirements of subparagraphs (A) through (D) of this paragraph | ||||||
| 25 | (2) shall not apply to any person reappointed pursuant to | ||||||
| 26 | paragraph (3). | ||||||
| |||||||
| |||||||
| 1 | No more than 3 members of the Board may be from the same | ||||||
| 2 | political party. No Board member shall, within a period of one | ||||||
| 3 | year immediately preceding nomination, have been employed or | ||||||
| 4 | received compensation or fees for services from a person or | ||||||
| 5 | entity, or its parent or affiliate, that has engaged in | ||||||
| 6 | business with the Board, a licensee, or a licensee under the | ||||||
| 7 | Illinois Horse Racing Act of 1975. Board members must publicly | ||||||
| 8 | disclose all prior affiliations with gaming interests, | ||||||
| 9 | including any compensation, fees, bonuses, salaries, and other | ||||||
| 10 | reimbursement received from a person or entity, or its parent | ||||||
| 11 | or affiliate, that has engaged in business with the Board, a | ||||||
| 12 | licensee, or a licensee under the Illinois Horse Racing Act of | ||||||
| 13 | 1975. This disclosure must be made within 30 days after | ||||||
| 14 | nomination but prior to confirmation by the Senate and must be | ||||||
| 15 | made available to the members of the Senate.
| ||||||
| 16 | (3) The terms of office of the Board members shall be 3 | ||||||
| 17 | years, except
that the terms of office of the initial Board | ||||||
| 18 | members appointed pursuant to
this Act will commence from the | ||||||
| 19 | effective date of this Act and run as
follows: one for a term | ||||||
| 20 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
| 21 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
| 22 | foregoing terms, the successors of such members shall serve a | ||||||
| 23 | term for 3
years and until their successors are appointed and | ||||||
| 24 | qualified for like terms.
Vacancies in the Board shall be | ||||||
| 25 | filled for the unexpired term in like
manner as original | ||||||
| 26 | appointments. Each member of the Board shall be
eligible for | ||||||
| |||||||
| |||||||
| 1 | reappointment at the discretion of the Governor with the
advice | ||||||
| 2 | and consent of the Senate.
| ||||||
| 3 | (4) Each member of the Board shall receive $300 for each | ||||||
| 4 | day the
Board meets and for each day the member conducts any | ||||||
| 5 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
| 6 | also be reimbursed for all actual
and necessary expenses and | ||||||
| 7 | disbursements incurred in the execution of official
duties.
| ||||||
| 8 | (5) No person shall be appointed a member of the Board or | ||||||
| 9 | continue to be
a member of the Board who is, or whose spouse, | ||||||
| 10 | child or parent is, a member
of the board of directors of, or a | ||||||
| 11 | person financially interested in, any
gambling operation | ||||||
| 12 | subject to the jurisdiction of this Board, or any race
track, | ||||||
| 13 | race meeting, racing association or the operations thereof | ||||||
| 14 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
| 15 | Board member shall
hold any other public office. No person | ||||||
| 16 | shall be a
member of the Board who is not of good moral | ||||||
| 17 | character or who has been
convicted of, or is under indictment | ||||||
| 18 | for, a felony under the laws of
Illinois or any other state, or | ||||||
| 19 | the United States.
| ||||||
| 20 | (5.5) No member of the Board shall engage in any political | ||||||
| 21 | activity. For the purposes of this Section, "political" means | ||||||
| 22 | any activity in support
of or in connection with any campaign | ||||||
| 23 | for federal, State, or local elective office or any political
| ||||||
| 24 | organization, but does not include activities (i) relating to | ||||||
| 25 | the support or
opposition of any executive, legislative, or | ||||||
| 26 | administrative action (as those
terms are defined in Section 2 | ||||||
| |||||||
| |||||||
| 1 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
| 2 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
| 3 | person's official
State duties or governmental and public | ||||||
| 4 | service functions.
| ||||||
| 5 | (6) Any member of the Board may be removed by the Governor | ||||||
| 6 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
| 7 | in office or for engaging in any political activity.
| ||||||
| 8 | (7) Before entering upon the discharge of the duties of his | ||||||
| 9 | office, each
member of the Board shall take an oath that he | ||||||
| 10 | will faithfully execute the
duties of his office according to | ||||||
| 11 | the laws of the State and the rules and
regulations adopted | ||||||
| 12 | therewith and shall give bond to the State of Illinois,
| ||||||
| 13 | approved by the Governor, in the sum of $25,000. Every such | ||||||
| 14 | bond, when
duly executed and approved, shall be recorded in the | ||||||
| 15 | office of the
Secretary of State. Whenever the Governor | ||||||
| 16 | determines that the bond of any
member of the Board has become | ||||||
| 17 | or is likely to become invalid or
insufficient, he shall | ||||||
| 18 | require such member forthwith to renew his bond,
which is to be | ||||||
| 19 | approved by the Governor. Any member of the Board who fails
to | ||||||
| 20 | take oath and give bond within 30 days from the date of his | ||||||
| 21 | appointment,
or who fails to renew his bond within 30 days | ||||||
| 22 | after it is demanded by the
Governor, shall be guilty of | ||||||
| 23 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
| 24 | any bond given by any member of the Board under this
Section | ||||||
| 25 | shall be taken to be a part of the necessary expenses of the | ||||||
| 26 | Board.
| ||||||
| |||||||
| |||||||
| 1 | (7.5) For the examination of all mechanical, | ||||||
| 2 | electromechanical, or electronic table games, slot machines, | ||||||
| 3 | slot accounting systems, sports wagering systems, and other | ||||||
| 4 | electronic gaming equipment, and the field inspection of such | ||||||
| 5 | systems, games, and machines, for compliance with this Act, the | ||||||
| 6 | Board shall utilize the services of independent outside testing | ||||||
| 7 | laboratories that have been accredited in accordance with | ||||||
| 8 | ISO/IEC 17025 by an accreditation body that is a signatory to | ||||||
| 9 | the International Laboratory Accreditation Cooperation Mutual | ||||||
| 10 | Recognition Agreement signifying they are qualified to perform | ||||||
| 11 | such examinations. Notwithstanding any law to the contrary, the | ||||||
| 12 | Board shall consider the licensing of independent outside | ||||||
| 13 | testing laboratory applicants in accordance with procedures | ||||||
| 14 | established by the Board by rule. The Board shall not withhold | ||||||
| 15 | its approval of an independent outside testing laboratory | ||||||
| 16 | license applicant that has been accredited as required under | ||||||
| 17 | this paragraph (7.5) and is licensed in gaming jurisdictions | ||||||
| 18 | comparable to Illinois. Upon the finalization of required | ||||||
| 19 | rules, the Board shall license independent testing | ||||||
| 20 | laboratories and accept the test reports of any licensed | ||||||
| 21 | testing laboratory of the system's, game's, or machine | ||||||
| 22 | manufacturer's choice, notwithstanding the existence of | ||||||
| 23 | contracts between the Board and any independent testing | ||||||
| 24 | laboratory. | ||||||
| 25 | (8) The Board shall employ such
personnel as may be | ||||||
| 26 | necessary to carry out its functions and shall determine the | ||||||
| |||||||
| |||||||
| 1 | salaries of all personnel, except those personnel whose | ||||||
| 2 | salaries are determined under the terms of a collective | ||||||
| 3 | bargaining agreement. No
person shall be employed to serve the | ||||||
| 4 | Board who is, or whose spouse, parent
or child is, an official | ||||||
| 5 | of, or has a financial interest in or financial
relation with, | ||||||
| 6 | any operator engaged in gambling operations within this
State | ||||||
| 7 | or any organization engaged in conducting horse racing within | ||||||
| 8 | this
State. For the one year immediately preceding employment, | ||||||
| 9 | an employee shall not have been employed or received | ||||||
| 10 | compensation or fees for services from a person or entity, or | ||||||
| 11 | its parent or affiliate, that has engaged in business with the | ||||||
| 12 | Board, a licensee, or a licensee under the Illinois Horse | ||||||
| 13 | Racing Act of 1975. Any employee violating these prohibitions | ||||||
| 14 | shall be subject to
termination of employment.
| ||||||
| 15 | (9) An Administrator shall perform any and all duties that | ||||||
| 16 | the Board
shall assign him. The salary of the Administrator | ||||||
| 17 | shall be determined by
the Board and, in addition,
he shall be | ||||||
| 18 | reimbursed for all actual and necessary expenses incurred by
| ||||||
| 19 | him in discharge of his official duties. The Administrator | ||||||
| 20 | shall keep
records of all proceedings of the Board and shall | ||||||
| 21 | preserve all records,
books, documents and other papers | ||||||
| 22 | belonging to the Board or entrusted to
its care. The | ||||||
| 23 | Administrator shall devote his full time to the duties of
the | ||||||
| 24 | office and shall not hold any other office or employment.
| ||||||
| 25 | (b) The Board shall have general responsibility for the | ||||||
| 26 | implementation
of this Act. Its duties include, without | ||||||
| |||||||
| |||||||
| 1 | limitation, the following:
| ||||||
| 2 | (1) To decide promptly and in reasonable order all | ||||||
| 3 | license applications.
Any party aggrieved by an action of | ||||||
| 4 | the Board denying, suspending,
revoking, restricting or | ||||||
| 5 | refusing to renew a license may request a hearing
before | ||||||
| 6 | the Board. A request for a hearing must be made to the | ||||||
| 7 | Board in
writing within 5 days after service of notice of | ||||||
| 8 | the action of the Board.
Notice of the action of the Board | ||||||
| 9 | shall be served either by personal
delivery or by certified | ||||||
| 10 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
| 11 | served by certified mail shall be deemed complete on the | ||||||
| 12 | business
day following the date of such mailing. The Board | ||||||
| 13 | shall conduct any such hearings promptly and in reasonable | ||||||
| 14 | order;
| ||||||
| 15 | (2) To conduct all hearings pertaining to civil | ||||||
| 16 | violations of this Act
or rules and regulations promulgated | ||||||
| 17 | hereunder;
| ||||||
| 18 | (3) To promulgate such rules and regulations as in its | ||||||
| 19 | judgment may be
necessary to protect or enhance the | ||||||
| 20 | credibility and integrity of gambling
operations | ||||||
| 21 | authorized by this Act and the regulatory process | ||||||
| 22 | hereunder;
| ||||||
| 23 | (4) To provide for the establishment and collection of | ||||||
| 24 | all license and
registration fees and taxes imposed by this | ||||||
| 25 | Act and the rules and
regulations issued pursuant hereto. | ||||||
| 26 | All such fees and taxes shall be
deposited into the State | ||||||
| |||||||
| |||||||
| 1 | Gaming Fund;
| ||||||
| 2 | (5) To provide for the levy and collection of penalties | ||||||
| 3 | and fines for the
violation of provisions of this Act and | ||||||
| 4 | the rules and regulations
promulgated hereunder. All such | ||||||
| 5 | fines and penalties shall be deposited
into the Education | ||||||
| 6 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
| 7 | State of Illinois;
| ||||||
| 8 | (6) To be present through its inspectors and agents any | ||||||
| 9 | time gambling
operations are conducted on any riverboat, in | ||||||
| 10 | any casino, or at any organization gaming
facility for the | ||||||
| 11 | purpose of certifying the
revenue thereof, receiving | ||||||
| 12 | complaints from the public, and conducting such
other | ||||||
| 13 | investigations into the conduct of the gambling games and | ||||||
| 14 | the
maintenance of the equipment as from time to time the | ||||||
| 15 | Board may deem
necessary and proper;
| ||||||
| 16 | (7) To review and rule upon any complaint by a licensee
| ||||||
| 17 | regarding any investigative procedures of the State which | ||||||
| 18 | are unnecessarily
disruptive of gambling operations. The | ||||||
| 19 | need to inspect and investigate
shall be presumed at all | ||||||
| 20 | times. The disruption of a licensee's operations
shall be | ||||||
| 21 | proved by clear and convincing evidence, and establish | ||||||
| 22 | that: (A)
the procedures had no reasonable law enforcement | ||||||
| 23 | purposes, and (B) the
procedures were so disruptive as to | ||||||
| 24 | unreasonably inhibit gambling operations;
| ||||||
| 25 | (8) To hold at least one meeting each quarter of the | ||||||
| 26 | fiscal
year. In addition, special meetings may be called by | ||||||
| |||||||
| |||||||
| 1 | the Chairman or any 2
Board members upon 72 hours written | ||||||
| 2 | notice to each member. All Board
meetings shall be subject | ||||||
| 3 | to the Open Meetings Act. Three members of the
Board shall | ||||||
| 4 | constitute a quorum, and 3 votes shall be required for any
| ||||||
| 5 | final determination by the Board. The Board shall keep a | ||||||
| 6 | complete and
accurate record of all its meetings. A | ||||||
| 7 | majority of the members of the Board
shall constitute a | ||||||
| 8 | quorum for the transaction of any business, for the
| ||||||
| 9 | performance of any duty, or for the exercise of any power | ||||||
| 10 | which this Act
requires the Board members to transact, | ||||||
| 11 | perform or exercise en banc, except
that, upon order of the | ||||||
| 12 | Board, one of the Board members or an
administrative law | ||||||
| 13 | judge designated by the Board may conduct any hearing
| ||||||
| 14 | provided for under this Act or by Board rule and may | ||||||
| 15 | recommend findings and
decisions to the Board. The Board | ||||||
| 16 | member or administrative law judge
conducting such hearing | ||||||
| 17 | shall have all powers and rights granted to the
Board in | ||||||
| 18 | this Act. The record made at the time of the hearing shall | ||||||
| 19 | be
reviewed by the Board, or a majority thereof, and the | ||||||
| 20 | findings and decision
of the majority of the Board shall | ||||||
| 21 | constitute the order of the Board in
such case;
| ||||||
| 22 | (9) To maintain records which are separate and distinct | ||||||
| 23 | from the records
of any other State board or commission. | ||||||
| 24 | Such records shall be available
for public inspection and | ||||||
| 25 | shall accurately reflect all Board proceedings;
| ||||||
| 26 | (10) To file a written annual report with the Governor | ||||||
| |||||||
| |||||||
| 1 | on or before
July 1 each year and such additional reports | ||||||
| 2 | as the Governor may request.
The annual report shall | ||||||
| 3 | include a statement of receipts and disbursements
by the | ||||||
| 4 | Board, actions taken by the Board, and any additional | ||||||
| 5 | information
and recommendations which the Board may deem | ||||||
| 6 | valuable or which the Governor
may request;
| ||||||
| 7 | (11) (Blank);
| ||||||
| 8 | (12) (Blank);
| ||||||
| 9 | (13) To assume responsibility for administration and | ||||||
| 10 | enforcement of the
Video Gaming Act; | ||||||
| 11 | (13.1) To assume responsibility for the administration | ||||||
| 12 | and enforcement
of operations at organization gaming | ||||||
| 13 | facilities pursuant to this Act and the
Illinois Horse | ||||||
| 14 | Racing Act of 1975; | ||||||
| 15 | (13.2) To assume responsibility for the administration | ||||||
| 16 | and enforcement
of the Sports Wagering Act; and | ||||||
| 17 | (14) To adopt, by rule, a code of conduct governing | ||||||
| 18 | Board members and employees that ensure, to the maximum | ||||||
| 19 | extent possible, that persons subject to this Code avoid | ||||||
| 20 | situations, relationships, or associations that may | ||||||
| 21 | represent or lead to a conflict of interest.
| ||||||
| 22 | Internal controls and changes submitted by licensees must | ||||||
| 23 | be reviewed and either approved or denied with cause within 90 | ||||||
| 24 | days after receipt of submission is deemed final by the | ||||||
| 25 | Illinois Gaming Board. In the event an internal control | ||||||
| 26 | submission or change does not meet the standards set by the | ||||||
| |||||||
| |||||||
| 1 | Board, staff of the Board must provide technical assistance to | ||||||
| 2 | the licensee to rectify such deficiencies within 90 days after | ||||||
| 3 | the initial submission and the revised submission must be | ||||||
| 4 | reviewed and approved or denied with cause within 90 days after | ||||||
| 5 | the date the revised submission is deemed final by the Board. | ||||||
| 6 | For the purposes of this paragraph, "with cause" means that the | ||||||
| 7 | approval of the submission would jeopardize the integrity of | ||||||
| 8 | gaming. In the event the Board staff has not acted within the | ||||||
| 9 | timeframe, the submission shall be deemed approved. | ||||||
| 10 | (c) The Board shall have jurisdiction over and shall | ||||||
| 11 | supervise all
gambling operations governed by this Act. The | ||||||
| 12 | Board shall have all powers
necessary and proper to fully and | ||||||
| 13 | effectively execute the provisions of
this Act, including, but | ||||||
| 14 | not limited to, the following:
| ||||||
| 15 | (1) To investigate applicants and determine the | ||||||
| 16 | eligibility of
applicants for licenses and to select among | ||||||
| 17 | competing applicants the
applicants which best serve the | ||||||
| 18 | interests of the citizens of Illinois.
| ||||||
| 19 | (2) To have jurisdiction and supervision over all | ||||||
| 20 | riverboat gambling
operations authorized under this Act | ||||||
| 21 | and all persons in places where gambling
operations are | ||||||
| 22 | conducted.
| ||||||
| 23 | (3) To promulgate rules and regulations for the purpose | ||||||
| 24 | of administering
the provisions of this Act and to | ||||||
| 25 | prescribe rules, regulations and
conditions under which | ||||||
| 26 | all gambling operations subject to this
Act shall be
| ||||||
| |||||||
| |||||||
| 1 | conducted. Such rules and regulations are to provide for | ||||||
| 2 | the prevention of
practices detrimental to the public | ||||||
| 3 | interest and for the best interests of
riverboat gambling, | ||||||
| 4 | including rules and regulations regarding the
inspection | ||||||
| 5 | of organization gaming facilities, casinos, and | ||||||
| 6 | riverboats, and the review of any permits or licenses
| ||||||
| 7 | necessary to operate a riverboat, casino, or organization | ||||||
| 8 | gaming facility under any laws or regulations applicable
to | ||||||
| 9 | riverboats, casinos, or organization gaming facilities and | ||||||
| 10 | to impose penalties for violations thereof.
| ||||||
| 11 | (4) To enter the office, riverboats, casinos, | ||||||
| 12 | organization gaming facilities, and
other facilities, or | ||||||
| 13 | other
places of business of a licensee, where evidence of | ||||||
| 14 | the compliance or
noncompliance with the provisions of this | ||||||
| 15 | Act is likely to be found.
| ||||||
| 16 | (5) To investigate alleged violations of this Act or | ||||||
| 17 | the
rules of the Board and to take appropriate disciplinary
| ||||||
| 18 | action against a licensee or a holder of an occupational | ||||||
| 19 | license for a
violation, or institute appropriate legal | ||||||
| 20 | action for enforcement, or both.
| ||||||
| 21 | (6) To adopt standards for the licensing of all persons | ||||||
| 22 | and entities under this Act,
as well as for electronic or | ||||||
| 23 | mechanical gambling games, and to establish
fees for such | ||||||
| 24 | licenses.
| ||||||
| 25 | (7) To adopt appropriate standards for all | ||||||
| 26 | organization gaming facilities, riverboats, casinos,
and | ||||||
| |||||||
| |||||||
| 1 | other facilities authorized under this Act.
| ||||||
| 2 | (8) To require that the records, including financial or | ||||||
| 3 | other statements
of any licensee under this Act, shall be | ||||||
| 4 | kept in such manner as prescribed
by the Board and that any | ||||||
| 5 | such licensee involved in the ownership or
management of | ||||||
| 6 | gambling operations submit to the Board an annual balance
| ||||||
| 7 | sheet and profit and loss statement, list of the | ||||||
| 8 | stockholders or other
persons having a 1% or greater | ||||||
| 9 | beneficial interest in the gambling
activities of each | ||||||
| 10 | licensee, and any other information the Board deems
| ||||||
| 11 | necessary in order to effectively administer this Act and | ||||||
| 12 | all rules,
regulations, orders and final decisions | ||||||
| 13 | promulgated under this Act.
| ||||||
| 14 | (9) To conduct hearings, issue subpoenas for the | ||||||
| 15 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
| 16 | production of books, records
and other pertinent documents | ||||||
| 17 | in accordance with the Illinois
Administrative Procedure | ||||||
| 18 | Act, and to administer oaths and affirmations to
the | ||||||
| 19 | witnesses, when, in the judgment of the Board, it is | ||||||
| 20 | necessary to
administer or enforce this Act or the Board | ||||||
| 21 | rules.
| ||||||
| 22 | (10) To prescribe a form to be used by any licensee | ||||||
| 23 | involved in the
ownership or management of gambling | ||||||
| 24 | operations as an
application for employment for their | ||||||
| 25 | employees.
| ||||||
| 26 | (11) To revoke or suspend licenses, as the Board may | ||||||
| |||||||
| |||||||
| 1 | see fit and in
compliance with applicable laws of the State | ||||||
| 2 | regarding administrative
procedures, and to review | ||||||
| 3 | applications for the renewal of licenses. The
Board may | ||||||
| 4 | suspend an owners license or an organization gaming license | ||||||
| 5 | without notice or hearing upon a
determination that the | ||||||
| 6 | safety or health of patrons or employees is
jeopardized by | ||||||
| 7 | continuing a gambling operation conducted under that | ||||||
| 8 | license. The suspension may
remain in effect until the | ||||||
| 9 | Board determines that the cause for suspension
has been | ||||||
| 10 | abated. The Board may revoke an owners license or | ||||||
| 11 | organization gaming license upon a
determination that the | ||||||
| 12 | licensee has not made satisfactory progress toward
abating | ||||||
| 13 | the hazard.
| ||||||
| 14 | (12) To eject or exclude or authorize the ejection or | ||||||
| 15 | exclusion of, any
person from gambling facilities where | ||||||
| 16 | that person is in violation
of this Act, rules and | ||||||
| 17 | regulations thereunder, or final orders of the
Board, or | ||||||
| 18 | where such person's conduct or reputation is such that his | ||||||
| 19 | or her
presence within the gambling facilities may, in the | ||||||
| 20 | opinion of
the Board, call into question the honesty and | ||||||
| 21 | integrity of the gambling
operations or interfere with the | ||||||
| 22 | orderly conduct thereof; provided that the
propriety of | ||||||
| 23 | such ejection or exclusion is subject to subsequent hearing
| ||||||
| 24 | by the Board.
| ||||||
| 25 | (13) To require all licensees of gambling operations to | ||||||
| 26 | utilize a
cashless wagering system whereby all players' | ||||||
| |||||||
| |||||||
| 1 | money is converted to tokens,
electronic cards, or chips | ||||||
| 2 | which shall be used only for wagering in the
gambling | ||||||
| 3 | establishment.
| ||||||
| 4 | (14) (Blank).
| ||||||
| 5 | (15) To suspend, revoke or restrict licenses, to | ||||||
| 6 | require the
removal of a licensee or an employee of a | ||||||
| 7 | licensee for a violation of this
Act or a Board rule or for | ||||||
| 8 | engaging in a fraudulent practice, and to
impose civil | ||||||
| 9 | penalties of up to $5,000 against individuals and up to
| ||||||
| 10 | $10,000 or an amount equal to the daily gross receipts, | ||||||
| 11 | whichever is
larger, against licensees for each violation | ||||||
| 12 | of any provision of the Act, any rules adopted by the | ||||||
| 13 | Board, any order of the Board or any other action
which, in | ||||||
| 14 | the Board's discretion, is a detriment or impediment to
| ||||||
| 15 | gambling operations.
| ||||||
| 16 | (16) To hire employees to gather information, conduct | ||||||
| 17 | investigations
and carry out any other tasks contemplated | ||||||
| 18 | under this Act.
| ||||||
| 19 | (17) To establish minimum levels of insurance to be | ||||||
| 20 | maintained by
licensees.
| ||||||
| 21 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
| 22 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
| 23 | of 1934 on board a riverboat or in a casino
and to have | ||||||
| 24 | exclusive authority to establish the hours for sale and
| ||||||
| 25 | consumption of alcoholic liquor on board a riverboat or in | ||||||
| 26 | a casino, notwithstanding any
provision of the Liquor | ||||||
| |||||||
| |||||||
| 1 | Control Act of 1934 or any local ordinance, and
regardless | ||||||
| 2 | of whether the riverboat makes excursions. The
| ||||||
| 3 | establishment of the hours for sale and consumption of | ||||||
| 4 | alcoholic liquor on
board a riverboat or in a casino is an | ||||||
| 5 | exclusive power and function of the State. A home
rule unit | ||||||
| 6 | may not establish the hours for sale and consumption of | ||||||
| 7 | alcoholic
liquor on board a riverboat or in a casino. This | ||||||
| 8 | subdivision (18) is a denial and
limitation of home rule | ||||||
| 9 | powers and functions under subsection (h) of
Section 6 of | ||||||
| 10 | Article VII of the Illinois Constitution.
| ||||||
| 11 | (19) After consultation with the U.S. Army Corps of | ||||||
| 12 | Engineers, to
establish binding emergency orders upon the | ||||||
| 13 | concurrence of a majority of
the members of the Board | ||||||
| 14 | regarding the navigability of water, relative to
| ||||||
| 15 | excursions,
in the event
of extreme weather conditions, | ||||||
| 16 | acts of God or other extreme circumstances.
| ||||||
| 17 | (20) To delegate the execution of any of its powers | ||||||
| 18 | under this Act for
the purpose of administering and | ||||||
| 19 | enforcing this Act and the rules adopted by the Board.
| ||||||
| 20 | (20.5) To approve any contract entered into on its | ||||||
| 21 | behalf.
| ||||||
| 22 | (20.6) To appoint investigators to conduct | ||||||
| 23 | investigations, searches, seizures, arrests, and other | ||||||
| 24 | duties imposed under this Act, as deemed necessary by the | ||||||
| 25 | Board. These investigators have and may exercise all of the | ||||||
| 26 | rights and powers of peace officers, provided that these | ||||||
| |||||||
| |||||||
| 1 | powers shall be limited to offenses or violations occurring | ||||||
| 2 | or committed in a casino, in an organization gaming | ||||||
| 3 | facility, or on a riverboat or dock, as defined in | ||||||
| 4 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
| 5 | provided by this Act or any other law. | ||||||
| 6 | (20.7) To contract with the Illinois Department of | ||||||
| 7 | State Police for the use of trained and qualified State | ||||||
| 8 | police officers and with the Department of Revenue for the | ||||||
| 9 | use of trained and qualified Department of Revenue | ||||||
| 10 | investigators to conduct investigations, searches, | ||||||
| 11 | seizures, arrests, and other duties imposed under this Act | ||||||
| 12 | and to exercise all of the rights and powers of peace | ||||||
| 13 | officers, provided that the powers of Department of Revenue | ||||||
| 14 | investigators under this subdivision (20.7) shall be | ||||||
| 15 | limited to offenses or violations occurring or committed in | ||||||
| 16 | a casino, in an organization gaming facility, or on a | ||||||
| 17 | riverboat or dock, as defined in subsections (d) and (f) of | ||||||
| 18 | Section 4, or as otherwise provided by this Act or any | ||||||
| 19 | other law. In the event the Illinois Department of State | ||||||
| 20 | Police or the Department of Revenue is unable to fill | ||||||
| 21 | contracted police or investigative positions, the Board | ||||||
| 22 | may appoint investigators to fill those positions pursuant | ||||||
| 23 | to subdivision (20.6).
| ||||||
| 24 | (21) To adopt rules concerning the conduct of gaming | ||||||
| 25 | pursuant to an organization gaming license issued under | ||||||
| 26 | this Act. | ||||||
| |||||||
| |||||||
| 1 | (22) To have the same jurisdiction and supervision over | ||||||
| 2 | casinos and organization gaming facilities as the Board has | ||||||
| 3 | over riverboats, including, but not limited to, the power | ||||||
| 4 | to (i) investigate, review, and approve contracts as that | ||||||
| 5 | power is applied to riverboats, (ii) adopt rules for | ||||||
| 6 | administering the provisions of this Act, (iii) adopt | ||||||
| 7 | standards for the licensing of all persons involved with a | ||||||
| 8 | casino or organization gaming facility, (iv) investigate | ||||||
| 9 | alleged violations of this Act by any person involved with | ||||||
| 10 | a casino or organization gaming facility, and (v) require | ||||||
| 11 | that records, including financial or other statements of | ||||||
| 12 | any casino or organization gaming facility, shall be kept | ||||||
| 13 | in such manner as prescribed by the Board.
| ||||||
| 14 | (23) To take any other action as may be reasonable or | ||||||
| 15 | appropriate to
enforce this Act and the rules adopted by | ||||||
| 16 | the Board.
| ||||||
| 17 | (d) The Board may seek and shall receive the cooperation of | ||||||
| 18 | the
Illinois Department of State Police in conducting | ||||||
| 19 | background investigations of
applicants and in fulfilling its | ||||||
| 20 | responsibilities under
this Section. Costs incurred by the | ||||||
| 21 | Illinois Department of State Police as
a result of such | ||||||
| 22 | cooperation shall be paid by the Board in conformance
with the | ||||||
| 23 | requirements of Section 2605-400 of the Illinois Department of | ||||||
| 24 | State Police Law.
| ||||||
| 25 | (e) The Board must authorize to each investigator and to | ||||||
| 26 | any other
employee of the Board exercising the powers of a | ||||||
| |||||||
| |||||||
| 1 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
| 2 | states that the badge is authorized by the Board
and
(ii) | ||||||
| 3 | contains a unique identifying number. No other badge shall be | ||||||
| 4 | authorized
by the Board.
| ||||||
| 5 | (Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
| ||||||
| 6 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
| 7 | Sec. 6. Application for owners license.
| ||||||
| 8 | (a) A qualified person may
apply to the Board for an owners | ||||||
| 9 | license to
conduct a gambling operation as provided in this | ||||||
| 10 | Act. The
application shall be made on forms provided by the | ||||||
| 11 | Board and shall contain
such information as the Board | ||||||
| 12 | prescribes, including but not limited to the
identity of the | ||||||
| 13 | riverboat on which such gambling operation is to be
conducted, | ||||||
| 14 | if applicable, and the exact location where such riverboat or | ||||||
| 15 | casino will be located, a
certification that the riverboat will | ||||||
| 16 | be registered under this Act at all
times during which gambling | ||||||
| 17 | operations are conducted on board, detailed
information | ||||||
| 18 | regarding the ownership and management of the applicant, and
| ||||||
| 19 | detailed personal information regarding the applicant. Any | ||||||
| 20 | application for an
owners license to be re-issued on or after | ||||||
| 21 | June 1, 2003 shall also
include the applicant's license bid in | ||||||
| 22 | a form prescribed by the Board.
Information
provided on the | ||||||
| 23 | application shall be used as a basis for a thorough
background | ||||||
| 24 | investigation which the Board shall conduct with respect to | ||||||
| 25 | each
applicant. An incomplete application shall be cause for | ||||||
| |||||||
| |||||||
| 1 | denial of a license
by the Board.
| ||||||
| 2 | (a-5) In addition to any other information required under | ||||||
| 3 | this Section, each application for an owners license must | ||||||
| 4 | include the following information: | ||||||
| 5 | (1) The history and success of the applicant and each | ||||||
| 6 | person and entity disclosed under subsection (c) of this | ||||||
| 7 | Section in developing tourism facilities ancillary to | ||||||
| 8 | gaming, if applicable. | ||||||
| 9 | (2) The likelihood that granting a license to the | ||||||
| 10 | applicant will lead to the creation of quality, living wage | ||||||
| 11 | jobs and permanent, full-time jobs for residents of the | ||||||
| 12 | State and residents of the unit of local government that is | ||||||
| 13 | designated as the home dock of the proposed facility where | ||||||
| 14 | gambling is to be conducted by the applicant. | ||||||
| 15 | (3) The projected number of jobs that would be created | ||||||
| 16 | if the license is granted and the projected number of new | ||||||
| 17 | employees at the proposed facility where gambling is to be | ||||||
| 18 | conducted by the applicant. | ||||||
| 19 | (4) The record, if any, of the applicant and its | ||||||
| 20 | developer in meeting commitments to local agencies, | ||||||
| 21 | community-based organizations, and employees at other | ||||||
| 22 | locations where the applicant or its developer has | ||||||
| 23 | performed similar functions as they would perform if the | ||||||
| 24 | applicant were granted a license. | ||||||
| 25 | (5) Identification of adverse effects that might be | ||||||
| 26 | caused by the proposed facility where gambling is to be | ||||||
| |||||||
| |||||||
| 1 | conducted by the applicant, including the costs of meeting | ||||||
| 2 | increased demand for public health care, child care, public | ||||||
| 3 | transportation, affordable housing, and social services, | ||||||
| 4 | and a plan to mitigate those adverse effects. | ||||||
| 5 | (6) The record, if any, of the applicant and its | ||||||
| 6 | developer regarding compliance with: | ||||||
| 7 | (A) federal, state, and local discrimination, wage | ||||||
| 8 | and hour, disability, and occupational and | ||||||
| 9 | environmental health and safety laws; and | ||||||
| 10 | (B) state and local labor relations and employment | ||||||
| 11 | laws. | ||||||
| 12 | (7) The applicant's record, if any, in dealing with its | ||||||
| 13 | employees and their representatives at other locations. | ||||||
| 14 | (8) A plan concerning the utilization of | ||||||
| 15 | minority-owned and women-owned businesses and concerning | ||||||
| 16 | the hiring of minorities and women. | ||||||
| 17 | (9) Evidence the applicant used its best efforts to | ||||||
| 18 | reach a goal of 25% ownership representation by minority | ||||||
| 19 | persons and 5% ownership representation by women. | ||||||
| 20 | (b) Applicants shall submit with their application all | ||||||
| 21 | documents,
resolutions, and letters of support from the | ||||||
| 22 | governing body that represents
the municipality or county | ||||||
| 23 | wherein the licensee will be located.
| ||||||
| 24 | (c) Each applicant shall disclose the identity of every | ||||||
| 25 | person or entity having a greater than 1% direct or
indirect | ||||||
| 26 | pecuniary interest in the gambling operation with
respect to | ||||||
| |||||||
| |||||||
| 1 | which the license is sought. If the disclosed entity is a
| ||||||
| 2 | trust, the application shall disclose the names and addresses | ||||||
| 3 | of all
beneficiaries; if a corporation, the names and
addresses | ||||||
| 4 | of all stockholders and directors; if a partnership, the names
| ||||||
| 5 | and addresses of all partners, both general and limited.
| ||||||
| 6 | (d) An application shall be filed and considered in | ||||||
| 7 | accordance with the rules of the Board. Each application shall | ||||||
| 8 | be accompanied by a nonrefundable
application fee of $250,000. | ||||||
| 9 | In addition, a nonrefundable fee of $50,000 shall be paid at | ||||||
| 10 | the time of filing
to defray the costs associated with the
| ||||||
| 11 | background investigation conducted by the Board. If the costs | ||||||
| 12 | of the
investigation exceed $50,000, the applicant shall pay | ||||||
| 13 | the additional amount
to the Board within 7 days after | ||||||
| 14 | requested by the Board. If the costs of the investigation are | ||||||
| 15 | less than $50,000, the
applicant shall receive a refund of the | ||||||
| 16 | remaining amount. All
information, records, interviews, | ||||||
| 17 | reports, statements, memoranda or other
data supplied to or | ||||||
| 18 | used by the Board in the course of its review or
investigation | ||||||
| 19 | of an application for a license or a renewal under this Act | ||||||
| 20 | shall be
privileged, strictly confidential and shall be used | ||||||
| 21 | only for the purpose of
evaluating an applicant for a license | ||||||
| 22 | or a renewal. Such information, records, interviews, reports,
| ||||||
| 23 | statements, memoranda or other data shall not be admissible as | ||||||
| 24 | evidence,
nor discoverable in any action of any kind in any | ||||||
| 25 | court or before any
tribunal, board, agency or person, except | ||||||
| 26 | for any action deemed necessary
by the Board. The application | ||||||
| |||||||
| |||||||
| 1 | fee shall be deposited into the State Gaming Fund.
| ||||||
| 2 | (e) The Board shall charge each applicant a fee set by the | ||||||
| 3 | Illinois Department of State Police to defray the costs | ||||||
| 4 | associated with the search and
classification of fingerprints | ||||||
| 5 | obtained by the Board with respect to the
applicant's | ||||||
| 6 | application. These fees shall be paid into the State Police
| ||||||
| 7 | Services Fund. In order to expedite the application process, | ||||||
| 8 | the Board may establish rules allowing applicants to acquire | ||||||
| 9 | criminal background checks and financial integrity reviews as | ||||||
| 10 | part of the initial application process from a list of vendors | ||||||
| 11 | approved by the Board.
| ||||||
| 12 | (f) The licensed owner shall be the person primarily | ||||||
| 13 | responsible for the
boat or casino itself. Only one gambling | ||||||
| 14 | operation may be authorized
by the Board on any riverboat or in | ||||||
| 15 | any casino. The applicant must identify the riverboat or | ||||||
| 16 | premises
it intends to use and certify that the riverboat or | ||||||
| 17 | premises: (1) has the authorized
capacity required in this Act; | ||||||
| 18 | (2) is accessible to persons with disabilities; and
(3) is | ||||||
| 19 | fully registered and licensed in accordance
with any applicable | ||||||
| 20 | laws.
| ||||||
| 21 | (g) A person who knowingly makes a false statement on an | ||||||
| 22 | application is
guilty of a Class A misdemeanor.
| ||||||
| 23 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
| 24 | (230 ILCS 10/7.7) | ||||||
| 25 | Sec. 7.7. Organization gaming licenses. | ||||||
| |||||||
| |||||||
| 1 | (a) The Illinois Gaming Board shall award one organization | ||||||
| 2 | gaming license to each person or entity having operating | ||||||
| 3 | control of a racetrack that applies under Section 56 of the | ||||||
| 4 | Illinois Horse Racing Act of 1975, subject to the application | ||||||
| 5 | and eligibility requirements of this Section. Within 60 days | ||||||
| 6 | after the effective date of this amendatory Act of the 101st | ||||||
| 7 | General Assembly, a person or entity having operating control | ||||||
| 8 | of a racetrack may submit an application for an organization | ||||||
| 9 | gaming license. The application shall be made on such forms as | ||||||
| 10 | provided by the Board and shall contain such information as the | ||||||
| 11 | Board prescribes, including, but not limited to, the identity | ||||||
| 12 | of any racetrack at which gaming will be conducted pursuant to | ||||||
| 13 | an organization gaming license, detailed information regarding | ||||||
| 14 | the ownership and management of the applicant, and detailed | ||||||
| 15 | personal information regarding the applicant. The application | ||||||
| 16 | shall specify the number of gaming positions the applicant | ||||||
| 17 | intends to use and the place where the organization gaming | ||||||
| 18 | facility will operate. A person who knowingly makes a false | ||||||
| 19 | statement on an application is guilty of a Class A misdemeanor. | ||||||
| 20 | Each applicant shall disclose the identity of every person | ||||||
| 21 | or entity having a direct or indirect pecuniary interest | ||||||
| 22 | greater than 1% in any racetrack with respect to which the | ||||||
| 23 | license is sought. If the disclosed entity is a corporation, | ||||||
| 24 | the applicant shall disclose the names and addresses of all | ||||||
| 25 | officers, stockholders, and directors. If the disclosed entity | ||||||
| 26 | is a limited liability company, the applicant shall disclose | ||||||
| |||||||
| |||||||
| 1 | the names and addresses of all members and managers. If the | ||||||
| 2 | disclosed entity is a partnership, the applicant shall disclose | ||||||
| 3 | the names and addresses of all partners, both general and | ||||||
| 4 | limited. If the disclosed entity is a trust, the applicant | ||||||
| 5 | shall disclose the names and addresses of all beneficiaries. | ||||||
| 6 | An application shall be filed and considered in accordance | ||||||
| 7 | with the rules of the Board. Each application for an | ||||||
| 8 | organization gaming license shall include a nonrefundable | ||||||
| 9 | application fee of $250,000. In addition, a nonrefundable fee | ||||||
| 10 | of $50,000 shall be paid at the time of filing to defray the | ||||||
| 11 | costs associated with background investigations conducted by | ||||||
| 12 | the Board. If the costs of the background investigation exceed | ||||||
| 13 | $50,000, the applicant shall pay the additional amount to the | ||||||
| 14 | Board within 7 days after a request by the Board. If the costs | ||||||
| 15 | of the investigation are less than $50,000, the applicant shall | ||||||
| 16 | receive a refund of the remaining amount. All information, | ||||||
| 17 | records, interviews, reports, statements, memoranda, or other | ||||||
| 18 | data supplied to or used by the Board in the course of this | ||||||
| 19 | review or investigation of an applicant for an organization | ||||||
| 20 | gaming license under this Act shall be privileged and strictly | ||||||
| 21 | confidential and shall be used only for the purpose of | ||||||
| 22 | evaluating an applicant for an organization gaming license or a | ||||||
| 23 | renewal. Such information, records, interviews, reports, | ||||||
| 24 | statements, memoranda, or other data shall not be admissible as | ||||||
| 25 | evidence nor discoverable in any action of any kind in any | ||||||
| 26 | court or before any tribunal, board, agency or person, except | ||||||
| |||||||
| |||||||
| 1 | for any action deemed necessary by the Board. The application | ||||||
| 2 | fee shall be deposited into the State Gaming Fund. | ||||||
| 3 | Any applicant or key person, including the applicant's | ||||||
| 4 | owners, officers, directors (if a corporation), managers and | ||||||
| 5 | members (if a limited liability company), and partners (if a | ||||||
| 6 | partnership), for an organization gaming license shall have his | ||||||
| 7 | or her fingerprints submitted to the Illinois Department of | ||||||
| 8 | State Police in an electronic format that complies with the | ||||||
| 9 | form and manner for requesting and furnishing criminal history | ||||||
| 10 | record information as prescribed by the Illinois Department of | ||||||
| 11 | State Police. These fingerprints shall be checked against the | ||||||
| 12 | Illinois Department of State Police and Federal Bureau of | ||||||
| 13 | Investigation criminal history record databases now and | ||||||
| 14 | hereafter filed, including, but not limited to, civil, | ||||||
| 15 | criminal, and latent fingerprint databases. The Illinois | ||||||
| 16 | Department of State Police shall charge applicants a fee for | ||||||
| 17 | conducting the criminal history records check, which shall be | ||||||
| 18 | deposited into the State Police Services Fund and shall not | ||||||
| 19 | exceed the actual cost of the records check. The Illinois | ||||||
| 20 | Department of State Police shall furnish, pursuant to positive | ||||||
| 21 | identification, records of Illinois criminal history to the | ||||||
| 22 | Department. | ||||||
| 23 | (b) The Board shall determine within 120 days after | ||||||
| 24 | receiving an application for an organization gaming license | ||||||
| 25 | whether to grant an organization gaming license to the | ||||||
| 26 | applicant. If the Board does not make a determination within | ||||||
| |||||||
| |||||||
| 1 | that time period, then the Board shall give a written | ||||||
| 2 | explanation to the applicant as to why it has not reached a | ||||||
| 3 | determination and when it reasonably expects to make a | ||||||
| 4 | determination. | ||||||
| 5 | The organization gaming licensee shall purchase up to the | ||||||
| 6 | amount of gaming positions authorized under this Act within 120 | ||||||
| 7 | days after receiving its organization gaming license. If an | ||||||
| 8 | organization gaming licensee is prepared to purchase the gaming | ||||||
| 9 | positions, but is temporarily prohibited from doing so by order | ||||||
| 10 | of a court of competent jurisdiction or the Board, then the | ||||||
| 11 | 120-day period is tolled until a resolution is reached. | ||||||
| 12 | An organization gaming license shall authorize its holder | ||||||
| 13 | to conduct gaming under this Act at its racetracks on the same | ||||||
| 14 | days of the year and hours of the day that owners licenses are | ||||||
| 15 | allowed to operate under approval of the Board. | ||||||
| 16 | An organization gaming license and any renewal of an | ||||||
| 17 | organization gaming license shall authorize gaming pursuant to | ||||||
| 18 | this Section for a period of 4 years. The fee for the issuance | ||||||
| 19 | or renewal of an organization gaming license shall be $250,000. | ||||||
| 20 | All payments by licensees under this subsection (b) shall | ||||||
| 21 | be deposited into the Rebuild Illinois Projects Fund. | ||||||
| 22 | (c) To be eligible to conduct gaming under this Section, a | ||||||
| 23 | person or entity having operating control of a racetrack must | ||||||
| 24 | (i) obtain an organization gaming license, (ii) hold an | ||||||
| 25 | organization license under the Illinois Horse Racing Act of | ||||||
| 26 | 1975, (iii) hold an inter-track wagering license, (iv) pay an | ||||||
| |||||||
| |||||||
| 1 | initial fee of $30,000 per gaming position from organization | ||||||
| 2 | gaming licensees where gaming is conducted in Cook County and, | ||||||
| 3 | except as provided in subsection (c-5), $17,500 for | ||||||
| 4 | organization gaming licensees where gaming is conducted | ||||||
| 5 | outside of Cook County before beginning to conduct gaming plus | ||||||
| 6 | make the reconciliation payment required under subsection (k), | ||||||
| 7 | (v) conduct live racing in accordance with subsections (e-1), | ||||||
| 8 | (e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act | ||||||
| 9 | of 1975, (vi) meet the requirements of subsection (a) of | ||||||
| 10 | Section 56 of the Illinois Horse Racing Act of 1975, (vii) for | ||||||
| 11 | organization licensees conducting standardbred race meetings, | ||||||
| 12 | keep backstretch barns and dormitories open and operational | ||||||
| 13 | year-round unless a lesser schedule is mutually agreed to by | ||||||
| 14 | the organization licensee and the horsemen association racing | ||||||
| 15 | at that organization licensee's race meeting, (viii) for | ||||||
| 16 | organization licensees conducting thoroughbred race meetings, | ||||||
| 17 | the organization licensee must maintain accident medical | ||||||
| 18 | expense liability insurance coverage of $1,000,000 for | ||||||
| 19 | jockeys, and (ix) meet all other requirements of this Act that | ||||||
| 20 | apply to owners licensees. | ||||||
| 21 | An organization gaming licensee may enter into a joint | ||||||
| 22 | venture with a licensed owner to own, manage, conduct, or | ||||||
| 23 | otherwise operate the organization gaming licensee's | ||||||
| 24 | organization gaming facilities, unless the organization gaming | ||||||
| 25 | licensee has a parent company or other affiliated company that | ||||||
| 26 | is, directly or indirectly, wholly owned by a parent company | ||||||
| |||||||
| |||||||
| 1 | that is also licensed to conduct organization gaming, casino | ||||||
| 2 | gaming, or their equivalent in another state. | ||||||
| 3 | All payments by licensees under this subsection (c) shall | ||||||
| 4 | be deposited into the Rebuild Illinois Projects Fund. | ||||||
| 5 | (c-5) A person or entity having operating control of a | ||||||
| 6 | racetrack located in Madison County shall only pay the initial | ||||||
| 7 | fees specified in subsection (c) for 540 of the gaming | ||||||
| 8 | positions authorized under the license. | ||||||
| 9 | (d) A person or entity is ineligible to receive an | ||||||
| 10 | organization gaming license if: | ||||||
| 11 | (1) the person or entity has been convicted of a felony | ||||||
| 12 | under the laws of this State, any other state, or the | ||||||
| 13 | United States, including a conviction under the Racketeer | ||||||
| 14 | Influenced and Corrupt Organizations Act; | ||||||
| 15 | (2) the person or entity has been convicted of any | ||||||
| 16 | violation of Article 28 of the Criminal Code of 2012, or | ||||||
| 17 | substantially similar laws of any other jurisdiction; | ||||||
| 18 | (3) the person or entity has submitted an application | ||||||
| 19 | for a license under this Act that contains false | ||||||
| 20 | information; | ||||||
| 21 | (4) the person is a member of the Board; | ||||||
| 22 | (5) a person defined in (1), (2), (3), or (4) of this | ||||||
| 23 | subsection (d) is an officer, director, or managerial | ||||||
| 24 | employee of the entity; | ||||||
| 25 | (6) the person or entity employs a person defined in | ||||||
| 26 | (1), (2), (3), or (4) of this subsection (d) who | ||||||
| |||||||
| |||||||
| 1 | participates in the management or operation of gambling | ||||||
| 2 | operations authorized under this Act; or | ||||||
| 3 | (7) a license of the person or entity issued under this | ||||||
| 4 | Act or a license to own or operate gambling facilities in | ||||||
| 5 | any other jurisdiction has been revoked. | ||||||
| 6 | (e) The Board may approve gaming positions pursuant to an | ||||||
| 7 | organization gaming license statewide as provided in this | ||||||
| 8 | Section. The authority to operate gaming positions under this | ||||||
| 9 | Section shall be allocated as follows: up to 1,200 gaming | ||||||
| 10 | positions for any organization gaming licensee in Cook County | ||||||
| 11 | and up to 900 gaming positions for any organization gaming | ||||||
| 12 | licensee outside of Cook County. | ||||||
| 13 | (f) Each applicant for an organization gaming license shall | ||||||
| 14 | specify in its application for licensure the number of gaming | ||||||
| 15 | positions it will operate, up to the applicable limitation set | ||||||
| 16 | forth in subsection (e) of this Section. Any unreserved gaming | ||||||
| 17 | positions that are not specified shall be forfeited and | ||||||
| 18 | retained by the Board. For the purposes of this subsection (f), | ||||||
| 19 | an organization gaming licensee that did not conduct live | ||||||
| 20 | racing in 2010 and is located within 3 miles of the Mississippi | ||||||
| 21 | River may reserve up to 900 positions and shall not be | ||||||
| 22 | penalized under this Section for not operating those positions | ||||||
| 23 | until it meets the requirements of subsection (e) of this | ||||||
| 24 | Section, but such licensee shall not request unreserved gaming | ||||||
| 25 | positions under this subsection (f) until its 900 positions are | ||||||
| 26 | all operational. | ||||||
| |||||||
| |||||||
| 1 | Thereafter, the Board shall publish the number of | ||||||
| 2 | unreserved gaming positions and shall accept requests for | ||||||
| 3 | additional positions from any organization gaming licensee | ||||||
| 4 | that initially reserved all of the positions that were offered. | ||||||
| 5 | The Board shall allocate expeditiously the unreserved gaming | ||||||
| 6 | positions to requesting organization gaming licensees in a | ||||||
| 7 | manner that maximizes revenue to the State. The Board may | ||||||
| 8 | allocate any such unused gaming positions pursuant to an open | ||||||
| 9 | and competitive bidding process, as provided under Section 7.5 | ||||||
| 10 | of this Act. This process shall continue until all unreserved | ||||||
| 11 | gaming positions have been purchased. All positions obtained | ||||||
| 12 | pursuant to this process and all positions the organization | ||||||
| 13 | gaming licensee specified it would operate in its application | ||||||
| 14 | must be in operation within 18 months after they were obtained | ||||||
| 15 | or the organization gaming licensee forfeits the right to | ||||||
| 16 | operate those positions, but is not entitled to a refund of any | ||||||
| 17 | fees paid. The Board may, after holding a public hearing, grant | ||||||
| 18 | extensions so long as the organization gaming licensee is | ||||||
| 19 | working in good faith to make the positions operational. The | ||||||
| 20 | extension may be for a period of 6 months. If, after the period | ||||||
| 21 | of the extension, the organization gaming licensee has not made | ||||||
| 22 | the positions operational, then another public hearing must be | ||||||
| 23 | held by the Board before it may grant another extension. | ||||||
| 24 | Unreserved gaming positions retained from and allocated to | ||||||
| 25 | organization gaming licensees by the Board pursuant to this | ||||||
| 26 | subsection (f) shall not be allocated to owners licensees under | ||||||
| |||||||
| |||||||
| 1 | this Act. | ||||||
| 2 | For the purpose of this subsection (f), the unreserved | ||||||
| 3 | gaming positions for each organization gaming licensee shall be | ||||||
| 4 | the applicable limitation set forth in subsection (e) of this | ||||||
| 5 | Section, less the number of reserved gaming positions by such | ||||||
| 6 | organization gaming licensee, and the total unreserved gaming | ||||||
| 7 | positions shall be the aggregate of the unreserved gaming | ||||||
| 8 | positions for all organization gaming licensees. | ||||||
| 9 | (g) An organization gaming licensee is authorized to | ||||||
| 10 | conduct the following at a racetrack: | ||||||
| 11 | (1) slot machine gambling; | ||||||
| 12 | (2) video game of chance gambling; | ||||||
| 13 | (3) gambling with electronic gambling games as defined | ||||||
| 14 | in this Act or defined by the Illinois Gaming Board; and | ||||||
| 15 | (4) table games. | ||||||
| 16 | (h) Subject to the approval of the Illinois Gaming Board, | ||||||
| 17 | an organization gaming licensee may make modification or | ||||||
| 18 | additions to any existing buildings and structures to comply | ||||||
| 19 | with the requirements of this Act. The Illinois Gaming Board | ||||||
| 20 | shall make its decision after consulting with the Illinois | ||||||
| 21 | Racing Board. In no case, however, shall the Illinois Gaming | ||||||
| 22 | Board approve any modification or addition that alters the | ||||||
| 23 | grounds of the organization licensee such that the act of live | ||||||
| 24 | racing is an ancillary activity to gaming authorized under this | ||||||
| 25 | Section.
Gaming authorized under this Section may take place in | ||||||
| 26 | existing structures where inter-track wagering is conducted at | ||||||
| |||||||
| |||||||
| 1 | the racetrack or a facility within 300 yards of the racetrack | ||||||
| 2 | in accordance with the provisions of this Act and the Illinois | ||||||
| 3 | Horse Racing Act of 1975. | ||||||
| 4 | (i) An organization gaming licensee may conduct gaming at a | ||||||
| 5 | temporary facility pending the construction of a permanent | ||||||
| 6 | facility or the remodeling or relocation of an existing | ||||||
| 7 | facility to accommodate gaming participants for up to 24 months | ||||||
| 8 | after the temporary facility begins to conduct gaming | ||||||
| 9 | authorized under this Section. Upon request by an organization | ||||||
| 10 | gaming licensee and upon a showing of good cause by the | ||||||
| 11 | organization gaming licensee, the Board shall extend the period | ||||||
| 12 | during which the licensee may conduct gaming authorized under | ||||||
| 13 | this Section at a temporary facility by up to 12 months. The | ||||||
| 14 | Board shall make rules concerning the conduct of gaming | ||||||
| 15 | authorized under this Section from temporary facilities. | ||||||
| 16 | The gaming authorized under this Section may take place in | ||||||
| 17 | existing structures where inter-track wagering is conducted at | ||||||
| 18 | the racetrack or a facility within 300 yards of the racetrack | ||||||
| 19 | in accordance with the provisions of this Act and the Illinois | ||||||
| 20 | Horse Racing Act of 1975. | ||||||
| 21 | (i-5) Under no circumstances shall an organization gaming | ||||||
| 22 | licensee conduct gaming at any State or county fair. | ||||||
| 23 | (j) The Illinois Gaming Board must adopt emergency rules in | ||||||
| 24 | accordance with Section 5-45 of the Illinois Administrative | ||||||
| 25 | Procedure Act as necessary to ensure compliance with the | ||||||
| 26 | provisions of this amendatory Act of the 101st General Assembly
| ||||||
| |||||||
| |||||||
| 1 | concerning the conduct of gaming by an organization gaming | ||||||
| 2 | licensee. The adoption of emergency rules authorized by this | ||||||
| 3 | subsection (j) shall be deemed to be necessary for the public | ||||||
| 4 | interest, safety, and welfare. | ||||||
| 5 | (k) Each organization gaming licensee who obtains gaming | ||||||
| 6 | positions must make a reconciliation payment 3 years after the | ||||||
| 7 | date the organization gaming licensee begins operating the | ||||||
| 8 | positions in an amount equal to 75% of the difference between | ||||||
| 9 | its adjusted gross receipts from gaming authorized under this | ||||||
| 10 | Section and amounts paid to its purse accounts pursuant to item | ||||||
| 11 | (1) of subsection (b) of Section 56 of the Illinois Horse | ||||||
| 12 | Racing Act of 1975 for the 12-month period for which such | ||||||
| 13 | difference was the largest, minus an amount equal to the | ||||||
| 14 | initial per position fee paid by the organization gaming | ||||||
| 15 | licensee. If this calculation results in a negative amount, | ||||||
| 16 | then the organization gaming licensee is not entitled to any | ||||||
| 17 | reimbursement of fees previously paid. This reconciliation | ||||||
| 18 | payment may be made in installments over a period of no more | ||||||
| 19 | than 2 years, subject to Board approval. Any installment | ||||||
| 20 | payments shall include an annual market interest rate as | ||||||
| 21 | determined by the Board. | ||||||
| 22 | All payments by licensees under this subsection (k) shall | ||||||
| 23 | be deposited into the Rebuild Illinois Projects Fund. | ||||||
| 24 | (l) As soon as practical after a request is made by the | ||||||
| 25 | Illinois Gaming Board, to minimize duplicate submissions by the | ||||||
| 26 | applicant, the Illinois Racing Board must provide information | ||||||
| |||||||
| |||||||
| 1 | on an applicant for an organization gaming license to the | ||||||
| 2 | Illinois Gaming Board.
| ||||||
| 3 | (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)
| ||||||
| 4 | (230 ILCS 10/9) (from Ch. 120, par. 2409)
| ||||||
| 5 | Sec. 9. Occupational licenses.
| ||||||
| 6 | (a) The Board may issue an occupational license to an | ||||||
| 7 | applicant upon the
payment of a non-refundable fee set by the | ||||||
| 8 | Board, upon a determination by
the Board that the applicant is | ||||||
| 9 | eligible for an occupational license and
upon payment of an | ||||||
| 10 | annual license fee in an amount to be established. To
be | ||||||
| 11 | eligible for an occupational license, an applicant must:
| ||||||
| 12 | (1) be at least 21 years of age if the applicant will | ||||||
| 13 | perform any
function involved in gaming by patrons. Any | ||||||
| 14 | applicant seeking an
occupational license for a non-gaming | ||||||
| 15 | function shall be at least 18 years
of age;
| ||||||
| 16 | (2) not have been convicted of a felony offense, a | ||||||
| 17 | violation of Article
28 of the Criminal Code of 1961 or the | ||||||
| 18 | Criminal Code of 2012, or a similar statute of any other
| ||||||
| 19 | jurisdiction;
| ||||||
| 20 | (2.5) not have been convicted of a crime, other than a | ||||||
| 21 | crime described in item (2) of this subsection (a), | ||||||
| 22 | involving dishonesty or moral turpitude, except that the | ||||||
| 23 | Board may, in its discretion, issue an occupational license | ||||||
| 24 | to a person who has been convicted of a crime described in | ||||||
| 25 | this item (2.5) more than 10 years prior to his or her | ||||||
| |||||||
| |||||||
| 1 | application and has not subsequently been convicted of any | ||||||
| 2 | other crime;
| ||||||
| 3 | (3) have demonstrated a level of skill or knowledge | ||||||
| 4 | which the Board
determines to be necessary in order to | ||||||
| 5 | operate gambling aboard a riverboat, in a casino, or at an | ||||||
| 6 | organization gaming facility; and
| ||||||
| 7 | (4) have met standards for the holding of an | ||||||
| 8 | occupational license as
adopted by rules of the Board. Such | ||||||
| 9 | rules shall provide that any person or
entity seeking an | ||||||
| 10 | occupational license to manage gambling operations
under | ||||||
| 11 | this Act shall be subject to background inquiries and | ||||||
| 12 | further requirements
similar to those required of | ||||||
| 13 | applicants for an owners license.
Furthermore, such rules | ||||||
| 14 | shall provide that each such entity shall be
permitted to | ||||||
| 15 | manage gambling operations for only one licensed owner.
| ||||||
| 16 | (b) Each application for an occupational license shall be | ||||||
| 17 | on forms
prescribed by the Board and shall contain all | ||||||
| 18 | information required by the
Board. The applicant shall set | ||||||
| 19 | forth in the application: whether he has been
issued prior | ||||||
| 20 | gambling related licenses; whether he has been licensed in any
| ||||||
| 21 | other state under any other name, and, if so, such name and his | ||||||
| 22 | age; and
whether or not a permit or license issued to him in | ||||||
| 23 | any other state has
been suspended, restricted or revoked, and, | ||||||
| 24 | if so, for what period of time.
| ||||||
| 25 | (c) Each applicant shall submit with his application, on | ||||||
| 26 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
| |||||||
| |||||||
| 1 | Board shall charge each
applicant a fee set by the Illinois | ||||||
| 2 | Department of State Police to defray the costs
associated with | ||||||
| 3 | the search and classification of fingerprints obtained by
the | ||||||
| 4 | Board with respect to the applicant's application. These fees | ||||||
| 5 | shall be
paid into the State Police Services Fund.
| ||||||
| 6 | (d) The Board may in its discretion refuse an occupational | ||||||
| 7 | license to
any person: (1) who is unqualified to perform the | ||||||
| 8 | duties required of such
applicant; (2) who fails to disclose or | ||||||
| 9 | states falsely any information
called for in the application; | ||||||
| 10 | (3) who has been found guilty of a
violation of this Act or | ||||||
| 11 | whose prior gambling related license or
application therefor | ||||||
| 12 | has been suspended, restricted, revoked or denied for
just | ||||||
| 13 | cause in any other state; or (4) for any other just cause.
| ||||||
| 14 | (e) The Board may suspend, revoke or restrict any | ||||||
| 15 | occupational licensee:
(1) for violation of any provision of | ||||||
| 16 | this Act; (2) for violation of any
of the rules and regulations | ||||||
| 17 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
| 18 | would have disqualified the applicant from receiving
such | ||||||
| 19 | license; or (4) for default in the payment of any obligation or | ||||||
| 20 | debt
due to the State of Illinois; or (5) for any other just | ||||||
| 21 | cause.
| ||||||
| 22 | (f) A person who knowingly makes a false statement on an | ||||||
| 23 | application is
guilty of a Class A misdemeanor.
| ||||||
| 24 | (g) Any license issued pursuant to this Section shall be | ||||||
| 25 | valid for a
period of one year from the date of issuance.
| ||||||
| 26 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
| |||||||
| |||||||
| 1 | licensed
owner or organization gaming licensee from entering | ||||||
| 2 | into an agreement with a public community college or a school | ||||||
| 3 | approved under the
Private Business and Vocational Schools Act | ||||||
| 4 | of 2012 for the training of any
occupational licensee. Any | ||||||
| 5 | training offered by such a school shall be in
accordance with a | ||||||
| 6 | written agreement between the licensed owner or organization | ||||||
| 7 | gaming licensee and the school.
| ||||||
| 8 | (i) Any training provided for occupational licensees may be | ||||||
| 9 | conducted
either at the site of the gambling facility or at a | ||||||
| 10 | school with which a licensed owner or organization gaming | ||||||
| 11 | licensee has
entered into an agreement pursuant to subsection | ||||||
| 12 | (h).
| ||||||
| 13 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
| 14 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
| 15 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
| 16 | licensed owners or licensed managers on behalf
of the State | ||||||
| 17 | aboard riverboats. Gambling may be conducted by organization | ||||||
| 18 | gaming licensees at organization gaming facilities. Gambling | ||||||
| 19 | authorized under this Section is
subject to the following | ||||||
| 20 | standards:
| ||||||
| 21 | (1) A licensee may conduct riverboat gambling | ||||||
| 22 | authorized under this Act
regardless of whether it conducts | ||||||
| 23 | excursion cruises. A licensee may permit
the continuous | ||||||
| 24 | ingress and egress of patrons on a riverboat not used for | ||||||
| 25 | excursion cruises for the purpose of gambling. Excursion | ||||||
| |||||||
| |||||||
| 1 | cruises shall not exceed 4 hours for a round trip. However, | ||||||
| 2 | the Board may grant express approval for an extended cruise | ||||||
| 3 | on a case-by-case basis.
| ||||||
| 4 | (1.5) An owners licensee may conduct gambling | ||||||
| 5 | operations authorized under this Act 24 hours a day.
| ||||||
| 6 | (2) (Blank).
| ||||||
| 7 | (3) Minimum and maximum wagers on games shall be set by | ||||||
| 8 | the licensee.
| ||||||
| 9 | (4) Agents of the Board and the Illinois Department of | ||||||
| 10 | State Police may board
and inspect any riverboat, enter and | ||||||
| 11 | inspect any portion of a casino, or enter and inspect any | ||||||
| 12 | portion of an organization gaming facility at any time for | ||||||
| 13 | the purpose of determining
whether this Act is being | ||||||
| 14 | complied with. Every riverboat, if under way and
being | ||||||
| 15 | hailed by a law enforcement officer or agent of the Board, | ||||||
| 16 | must stop
immediately and lay to.
| ||||||
| 17 | (5) Employees of the Board shall have the right to be | ||||||
| 18 | present on the
riverboat or in the casino or on adjacent | ||||||
| 19 | facilities under the control of the licensee and at the | ||||||
| 20 | organization gaming facility under the control of the | ||||||
| 21 | organization gaming licensee.
| ||||||
| 22 | (6) Gambling equipment and supplies customarily used | ||||||
| 23 | in conducting
gambling must be purchased or leased only | ||||||
| 24 | from suppliers licensed
for such purpose under this Act. | ||||||
| 25 | The Board may approve the transfer, sale, or lease of | ||||||
| 26 | gambling equipment and supplies by a licensed owner from or | ||||||
| |||||||
| |||||||
| 1 | to an affiliate of the licensed owner as long as the | ||||||
| 2 | gambling equipment and supplies were initially acquired | ||||||
| 3 | from a supplier licensed in Illinois.
| ||||||
| 4 | (7) Persons licensed under this Act shall permit no | ||||||
| 5 | form of wagering on
gambling games except as permitted by | ||||||
| 6 | this Act.
| ||||||
| 7 | (8) Wagers may be received only from a person present | ||||||
| 8 | on a licensed
riverboat, in a casino, or at an organization | ||||||
| 9 | gaming facility. No person present on a licensed riverboat, | ||||||
| 10 | in a casino, or at an organization gaming facility shall | ||||||
| 11 | place
or attempt to place a wager on behalf of another | ||||||
| 12 | person who is not present
on the riverboat, in a casino, or | ||||||
| 13 | at the organization gaming facility.
| ||||||
| 14 | (9) Wagering, including gaming authorized under | ||||||
| 15 | Section 7.7, shall not be conducted with money or other | ||||||
| 16 | negotiable
currency.
| ||||||
| 17 | (10) A person under age 21 shall not be permitted on an | ||||||
| 18 | area of a
riverboat or casino where gambling is being | ||||||
| 19 | conducted or at an organization gaming facility where | ||||||
| 20 | gambling is being conducted, except for a person at least
| ||||||
| 21 | 18 years of age who is an employee of the riverboat or | ||||||
| 22 | casino gambling operation or gaming operation. No
employee | ||||||
| 23 | under age 21 shall perform any function involved in | ||||||
| 24 | gambling by
the patrons. No person under age 21 shall be | ||||||
| 25 | permitted to make a wager under
this Act, and any winnings | ||||||
| 26 | that are a result of a wager by a person under age 21, | ||||||
| |||||||
| |||||||
| 1 | whether or not paid by a licensee, shall be treated as | ||||||
| 2 | winnings for the privilege tax purposes, confiscated, and | ||||||
| 3 | forfeited to the State and deposited into the Education | ||||||
| 4 | Assistance Fund.
| ||||||
| 5 | (11) Gambling excursion cruises are permitted only | ||||||
| 6 | when the waterway for
which the riverboat is licensed is | ||||||
| 7 | navigable, as determined by
the Board in consultation with | ||||||
| 8 | the U.S. Army Corps of Engineers.
This paragraph (11) does | ||||||
| 9 | not limit the ability of a licensee to conduct
gambling | ||||||
| 10 | authorized under this Act when gambling excursion cruises | ||||||
| 11 | are not
permitted.
| ||||||
| 12 | (12) All tickets, chips, or electronic cards used to | ||||||
| 13 | make wagers must be
purchased (i) from a licensed owner or | ||||||
| 14 | manager, in the case of a riverboat, either aboard a | ||||||
| 15 | riverboat or at
an onshore
facility which has been approved | ||||||
| 16 | by the Board and which is located where
the riverboat | ||||||
| 17 | docks, (ii) in the case of a casino, from a licensed owner | ||||||
| 18 | at the casino, or (iii) from an organization gaming | ||||||
| 19 | licensee at the organization gaming facility. The tickets, | ||||||
| 20 | chips, or electronic cards may be
purchased by means of an | ||||||
| 21 | agreement under which the owner or manager extends
credit | ||||||
| 22 | to
the patron. Such tickets, chips, or electronic cards may | ||||||
| 23 | be used
while aboard the riverboat, in the casino, or at | ||||||
| 24 | the organization gaming facility only for the purpose of | ||||||
| 25 | making wagers on
gambling games.
| ||||||
| 26 | (13) Notwithstanding any other Section of this Act, in | ||||||
| |||||||
| |||||||
| 1 | addition to the
other licenses authorized under this Act, | ||||||
| 2 | the Board may issue special event
licenses allowing persons | ||||||
| 3 | who are not otherwise licensed to conduct
riverboat | ||||||
| 4 | gambling to conduct such gambling on a specified date or | ||||||
| 5 | series
of dates. Riverboat gambling under such a license | ||||||
| 6 | may take place on a
riverboat not normally used for | ||||||
| 7 | riverboat gambling. The Board shall
establish standards, | ||||||
| 8 | fees and fines for, and limitations upon, such
licenses, | ||||||
| 9 | which may differ from the standards, fees, fines and | ||||||
| 10 | limitations
otherwise applicable under this Act. All such | ||||||
| 11 | fees shall be deposited into
the State Gaming Fund. All | ||||||
| 12 | such fines shall be deposited into the
Education Assistance | ||||||
| 13 | Fund, created by Public Act 86-0018, of the State
of | ||||||
| 14 | Illinois.
| ||||||
| 15 | (14) In addition to the above, gambling must be | ||||||
| 16 | conducted in accordance
with all rules adopted by the | ||||||
| 17 | Board.
| ||||||
| 18 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
| 19 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
| 20 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
| 21 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
| 22 | gross
receipts received from gambling games authorized under | ||||||
| 23 | this Act at the rate of
20%.
| ||||||
| 24 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
| 25 | tax is
imposed on persons engaged in the business of conducting | ||||||
| |||||||
| |||||||
| 1 | riverboat gambling
operations, based on the adjusted gross | ||||||
| 2 | receipts received by a licensed owner
from gambling games | ||||||
| 3 | authorized under this Act at the following rates:
| ||||||
| 4 | 15% of annual adjusted gross receipts up to and | ||||||
| 5 | including $25,000,000;
| ||||||
| 6 | 20% of annual adjusted gross receipts in excess of | ||||||
| 7 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
| 8 | 25% of annual adjusted gross receipts in excess of | ||||||
| 9 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 10 | 30% of annual adjusted gross receipts in excess of | ||||||
| 11 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 12 | 35% of annual adjusted gross receipts in excess of | ||||||
| 13 | $100,000,000.
| ||||||
| 14 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
| 15 | is imposed on
persons engaged in the business of conducting | ||||||
| 16 | riverboat gambling operations,
other than licensed managers | ||||||
| 17 | conducting riverboat gambling operations on behalf
of the | ||||||
| 18 | State, based on the adjusted gross receipts received by a | ||||||
| 19 | licensed
owner from gambling games authorized under this Act at | ||||||
| 20 | the following rates:
| ||||||
| 21 | 15% of annual adjusted gross receipts up to and | ||||||
| 22 | including $25,000,000;
| ||||||
| 23 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 24 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
| 25 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 26 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| |||||||
| |||||||
| 1 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 2 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 3 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 4 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
| 5 | 45% of annual adjusted gross receipts in excess of | ||||||
| 6 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
| 7 | 50% of annual adjusted gross receipts in excess of | ||||||
| 8 | $200,000,000.
| ||||||
| 9 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
| 10 | persons engaged
in the business of conducting riverboat | ||||||
| 11 | gambling operations, other than
licensed managers conducting | ||||||
| 12 | riverboat gambling operations on behalf of the
State, based on | ||||||
| 13 | the adjusted gross receipts received by a licensed owner from
| ||||||
| 14 | gambling games authorized under this Act at the following | ||||||
| 15 | rates:
| ||||||
| 16 | 15% of annual adjusted gross receipts up to and | ||||||
| 17 | including $25,000,000;
| ||||||
| 18 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 19 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
| 20 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 21 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
| 22 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 23 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 24 | 45% of annual adjusted gross receipts in excess of | ||||||
| 25 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 26 | 50% of annual adjusted gross receipts in excess of | ||||||
| |||||||
| |||||||
| 1 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
| 2 | 70% of annual adjusted gross receipts in excess of | ||||||
| 3 | $250,000,000.
| ||||||
| 4 | An amount equal to the amount of wagering taxes collected | ||||||
| 5 | under this
subsection (a-3) that are in addition to the amount | ||||||
| 6 | of wagering taxes that
would have been collected if the | ||||||
| 7 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
| 8 | be paid into the Common School Fund.
| ||||||
| 9 | The privilege tax imposed under this subsection (a-3) shall | ||||||
| 10 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
| 11 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
| 12 | gambling operations are conducted
pursuant to a dormant | ||||||
| 13 | license; or (iii) the first day that riverboat gambling
| ||||||
| 14 | operations are conducted under the authority of an owners | ||||||
| 15 | license that is in
addition to the 10 owners licenses initially | ||||||
| 16 | authorized under this Act.
For the purposes of this subsection | ||||||
| 17 | (a-3), the term "dormant license"
means an owners license that | ||||||
| 18 | is authorized by this Act under which no
riverboat gambling | ||||||
| 19 | operations are being conducted on June 20, 2003.
| ||||||
| 20 | (a-4) Beginning on the first day on which the tax imposed | ||||||
| 21 | under
subsection (a-3) is no longer imposed and ending upon the | ||||||
| 22 | imposition of the privilege tax under subsection (a-5) of this | ||||||
| 23 | Section, a privilege tax is imposed on persons
engaged in the | ||||||
| 24 | business of conducting gambling operations, other
than | ||||||
| 25 | licensed managers conducting riverboat gambling operations on | ||||||
| 26 | behalf of
the State, based on the adjusted gross receipts | ||||||
| |||||||
| |||||||
| 1 | received by a licensed owner
from gambling games authorized | ||||||
| 2 | under this Act at the following rates:
| ||||||
| 3 | 15% of annual adjusted gross receipts up to and | ||||||
| 4 | including $25,000,000;
| ||||||
| 5 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 6 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
| 7 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 8 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
| 9 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 10 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
| 11 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 12 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
| 13 | 45% of annual adjusted gross receipts in excess of | ||||||
| 14 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
| 15 | 50% of annual adjusted gross receipts in excess of | ||||||
| 16 | $200,000,000.
| ||||||
| 17 | For the imposition of the privilege tax in this subsection | ||||||
| 18 | (a-4), amounts paid pursuant to item (1) of subsection (b) of | ||||||
| 19 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
| 20 | be included in the determination of adjusted gross receipts. | ||||||
| 21 | (a-5) Beginning on the first day that an owners licensee | ||||||
| 22 | under paragraph (1), (2), (3), (4), (5), or (6) of subsection | ||||||
| 23 | (e-5) of Section 7 conducts gambling operations, either in a | ||||||
| 24 | temporary facility or a permanent facility, a privilege tax is | ||||||
| 25 | imposed on persons engaged in the business of conducting | ||||||
| 26 | gambling operations, other than licensed managers conducting | ||||||
| |||||||
| |||||||
| 1 | riverboat gambling operations on behalf of the State, based on | ||||||
| 2 | the adjusted gross receipts received by such licensee from the | ||||||
| 3 | gambling games authorized under this Act. The privilege tax for | ||||||
| 4 | all gambling games other than table games, including, but not | ||||||
| 5 | limited to, slot machines, video game of chance gambling, and | ||||||
| 6 | electronic gambling games shall be at the following rates: | ||||||
| 7 | 15% of annual adjusted gross receipts up to and | ||||||
| 8 | including $25,000,000; | ||||||
| 9 | 22.5% of annual adjusted gross receipts in excess of | ||||||
| 10 | $25,000,000 but not exceeding $50,000,000; | ||||||
| 11 | 27.5% of annual adjusted gross receipts in excess of | ||||||
| 12 | $50,000,000 but not exceeding $75,000,000; | ||||||
| 13 | 32.5% of annual adjusted gross receipts in excess of | ||||||
| 14 | $75,000,000 but not exceeding $100,000,000; | ||||||
| 15 | 37.5% of annual adjusted gross receipts in excess of | ||||||
| 16 | $100,000,000 but not exceeding $150,000,000; | ||||||
| 17 | 45% of annual adjusted gross receipts in excess of | ||||||
| 18 | $150,000,000 but not exceeding $200,000,000; | ||||||
| 19 | 50% of annual adjusted gross receipts in excess of | ||||||
| 20 | $200,000,000. | ||||||
| 21 | The privilege tax for table games shall be at the following | ||||||
| 22 | rates: | ||||||
| 23 | 15% of annual adjusted gross receipts up to and | ||||||
| 24 | including $25,000,000; | ||||||
| 25 | 20% of annual adjusted gross receipts in excess of | ||||||
| 26 | $25,000,000. | ||||||
| |||||||
| |||||||
| 1 | For the imposition of the privilege tax in this subsection | ||||||
| 2 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
| 3 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
| 4 | be included in the determination of adjusted gross receipts. | ||||||
| 5 | Notwithstanding the provisions of this subsection (a-5), | ||||||
| 6 | for the first 10 years that the privilege tax is imposed under | ||||||
| 7 | this subsection (a-5), the privilege tax shall be imposed on | ||||||
| 8 | the modified annual adjusted gross receipts of a riverboat or | ||||||
| 9 | casino conducting gambling operations in the City of East St. | ||||||
| 10 | Louis, unless: | ||||||
| 11 | (1) the riverboat or casino fails to employ at least | ||||||
| 12 | 450 people; | ||||||
| 13 | (2) the riverboat or casino fails to maintain | ||||||
| 14 | operations in a manner consistent with this Act or is not a | ||||||
| 15 | viable riverboat or casino subject to the approval of the | ||||||
| 16 | Board; or | ||||||
| 17 | (3) the owners licensee is not an entity in which | ||||||
| 18 | employees participate in an employee stock ownership plan. | ||||||
| 19 | As used in this subsection (a-5), "modified annual adjusted | ||||||
| 20 | gross receipts" means: | ||||||
| 21 | (A) for calendar year 2020, the annual adjusted gross | ||||||
| 22 | receipts for the current year minus the difference between | ||||||
| 23 | an amount equal to the average annual adjusted gross | ||||||
| 24 | receipts from a riverboat or casino conducting gambling | ||||||
| 25 | operations in the City of East St. Louis for 2014, 2015, | ||||||
| 26 | 2016, 2017, and 2018 and the annual adjusted gross receipts | ||||||
| |||||||
| |||||||
| 1 | for 2018; | ||||||
| 2 | (B) for calendar year 2021, the annual adjusted gross | ||||||
| 3 | receipts for the current year minus the difference between | ||||||
| 4 | an amount equal to the average annual adjusted gross | ||||||
| 5 | receipts from a riverboat or casino conducting gambling | ||||||
| 6 | operations in the City of East St. Louis for 2014, 2015, | ||||||
| 7 | 2016, 2017, and 2018 and the annual adjusted gross receipts | ||||||
| 8 | for 2019; and | ||||||
| 9 | (C) for calendar years 2022 through 2029, the annual | ||||||
| 10 | adjusted gross receipts for the current year minus the | ||||||
| 11 | difference between an amount equal to the average annual | ||||||
| 12 | adjusted gross receipts from a riverboat or casino | ||||||
| 13 | conducting gambling operations in the City of East St. | ||||||
| 14 | Louis for 3 years preceding the current year and the annual | ||||||
| 15 | adjusted gross receipts for the immediately preceding | ||||||
| 16 | year. | ||||||
| 17 | (a-5.5) In addition to the privilege tax imposed under | ||||||
| 18 | subsection (a-5), a privilege tax is imposed on the owners | ||||||
| 19 | licensee under paragraph (1) of subsection (e-5) of Section 7 | ||||||
| 20 | at the rate of one-third of the owners licensee's adjusted | ||||||
| 21 | gross receipts. | ||||||
| 22 | For the imposition of the privilege tax in this subsection | ||||||
| 23 | (a-5.5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
| 24 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
| 25 | be included in the determination of adjusted gross receipts. | ||||||
| 26 | (a-6) From June 28, 2019 (the effective date of Public Act | ||||||
| |||||||
| |||||||
| 1 | 101-31) this amendatory Act of the 101st General Assembly until | ||||||
| 2 | June 30, 2023, an owners licensee that conducted gambling | ||||||
| 3 | operations prior to January 1, 2011 shall receive a | ||||||
| 4 | dollar-for-dollar credit against the tax imposed under this | ||||||
| 5 | Section for any renovation or construction costs paid by the | ||||||
| 6 | owners licensee, but in no event shall the credit exceed | ||||||
| 7 | $2,000,000. | ||||||
| 8 | Additionally, from June 28, 2019 (the effective date of | ||||||
| 9 | Public Act 101-31) this amendatory Act of the 101st General | ||||||
| 10 | Assembly until December 31, 2022, an owners licensee that (i) | ||||||
| 11 | is located within 15 miles of the Missouri border, and (ii) has | ||||||
| 12 | at least 3 riverboats, casinos, or their equivalent within a | ||||||
| 13 | 45-mile radius, may be authorized to relocate to a new location | ||||||
| 14 | with the approval of both the unit of local government | ||||||
| 15 | designated as the home dock and the Board, so long as the new | ||||||
| 16 | location is within the same unit of local government and no | ||||||
| 17 | more than 3 miles away from its original location. Such owners | ||||||
| 18 | licensee shall receive a credit against the tax imposed under | ||||||
| 19 | this Section equal to 8% of the total project costs, as | ||||||
| 20 | approved by the Board, for any renovation or construction costs | ||||||
| 21 | paid by the owners licensee for the construction of the new | ||||||
| 22 | facility, provided that the new facility is operational by July | ||||||
| 23 | 1, 2022. In determining whether or not to approve a relocation, | ||||||
| 24 | the Board must consider the extent to which the relocation will | ||||||
| 25 | diminish the gaming revenues received by other Illinois gaming | ||||||
| 26 | facilities. | ||||||
| |||||||
| |||||||
| 1 | (a-7) Beginning in the initial adjustment year and through | ||||||
| 2 | the final adjustment year, if the total obligation imposed | ||||||
| 3 | pursuant to either subsection (a-5) or (a-6) will result in an | ||||||
| 4 | owners licensee receiving less after-tax adjusted gross | ||||||
| 5 | receipts than it received in calendar year 2018, then the total | ||||||
| 6 | amount of privilege taxes that the owners licensee is required | ||||||
| 7 | to pay for that calendar year shall be reduced to the extent | ||||||
| 8 | necessary so that the after-tax adjusted gross receipts in that | ||||||
| 9 | calendar year equals the after-tax adjusted gross receipts in | ||||||
| 10 | calendar year 2018, but the privilege tax reduction shall not | ||||||
| 11 | exceed the annual adjustment cap. If pursuant to this | ||||||
| 12 | subsection (a-7), the total obligation imposed pursuant to | ||||||
| 13 | either subsection (a-5) or (a-6) shall be reduced, then the | ||||||
| 14 | owners licensee shall not receive a refund from the State at | ||||||
| 15 | the end of the subject calendar year but instead shall be able | ||||||
| 16 | to apply that amount as a credit against any payments it owes | ||||||
| 17 | to the State in the following calendar year to satisfy its | ||||||
| 18 | total obligation under either subsection (a-5) or (a-6). The | ||||||
| 19 | credit for the final adjustment year shall occur in the | ||||||
| 20 | calendar year following the final adjustment year. | ||||||
| 21 | If an owners licensee that conducted gambling operations | ||||||
| 22 | prior to January 1, 2019 expands its riverboat or casino, | ||||||
| 23 | including, but not limited to, with respect to its gaming | ||||||
| 24 | floor, additional non-gaming amenities such as restaurants, | ||||||
| 25 | bars, and hotels and other additional facilities, and incurs | ||||||
| 26 | construction and other costs related to such expansion from | ||||||
| |||||||
| |||||||
| 1 | June 28, 2019 (the effective date of Public Act 101-31) this | ||||||
| 2 | amendatory Act of the 101st General Assembly until June 28, | ||||||
| 3 | 2024 (the 5th anniversary of the effective date of Public Act | ||||||
| 4 | 101-31) this amendatory Act of the 101st General Assembly, then | ||||||
| 5 | for each $15,000,000 spent for any such construction or other | ||||||
| 6 | costs related to expansion paid by the owners licensee, the | ||||||
| 7 | final adjustment year shall be extended by one year and the | ||||||
| 8 | annual adjustment cap shall increase by 0.2% of adjusted gross | ||||||
| 9 | receipts during each calendar year until and including the | ||||||
| 10 | final adjustment year. No further modifications to the final | ||||||
| 11 | adjustment year or annual adjustment cap shall be made after | ||||||
| 12 | $75,000,000 is incurred in construction or other costs related | ||||||
| 13 | to expansion so that the final adjustment year shall not extend | ||||||
| 14 | beyond the 9th calendar year after the initial adjustment year, | ||||||
| 15 | not including the initial adjustment year, and the annual | ||||||
| 16 | adjustment cap shall not exceed 4% of adjusted gross receipts | ||||||
| 17 | in a particular calendar year. Construction and other costs | ||||||
| 18 | related to expansion shall include all project related costs, | ||||||
| 19 | including, but not limited to, all hard and soft costs, | ||||||
| 20 | financing costs, on or off-site ground, road or utility work, | ||||||
| 21 | cost of gaming equipment and all other personal property, | ||||||
| 22 | initial fees assessed for each incremental gaming position, and | ||||||
| 23 | the cost of incremental land acquired for such expansion. Soft | ||||||
| 24 | costs shall include, but not be limited to, legal fees, | ||||||
| 25 | architect, engineering and design costs, other consultant | ||||||
| 26 | costs, insurance cost, permitting costs, and pre-opening costs | ||||||
| |||||||
| |||||||
| 1 | related to the expansion, including, but not limited to, any of | ||||||
| 2 | the following: marketing, real estate taxes, personnel, | ||||||
| 3 | training, travel and out-of-pocket expenses, supply, | ||||||
| 4 | inventory, and other costs, and any other project related soft | ||||||
| 5 | costs. | ||||||
| 6 | To be eligible for the tax credits in subsection (a-6), all | ||||||
| 7 | construction contracts shall include a requirement that the | ||||||
| 8 | contractor enter into a project labor agreement with the | ||||||
| 9 | building and construction trades council with geographic | ||||||
| 10 | jurisdiction of the location of the proposed gaming facility. | ||||||
| 11 | Notwithstanding any other provision of this subsection | ||||||
| 12 | (a-7), this subsection (a-7) does not apply to an owners | ||||||
| 13 | licensee unless such owners licensee spends at least | ||||||
| 14 | $15,000,000 on construction and other costs related to its | ||||||
| 15 | expansion, excluding the initial fees assessed for each | ||||||
| 16 | incremental gaming position. | ||||||
| 17 | This subsection (a-7) does not apply to owners licensees
| ||||||
| 18 | authorized pursuant to subsection (e-5) of Section 7 of this
| ||||||
| 19 | Act. | ||||||
| 20 | For purposes of this subsection (a-7): | ||||||
| 21 | "Building and construction trades council" means any | ||||||
| 22 | organization representing multiple construction entities that | ||||||
| 23 | are monitoring or attentive to compliance with public or | ||||||
| 24 | workers' safety laws, wage and hour requirements, or other | ||||||
| 25 | statutory requirements or that are making or maintaining | ||||||
| 26 | collective bargaining agreements. | ||||||
| |||||||
| |||||||
| 1 | "Initial adjustment year" means the year commencing on | ||||||
| 2 | January 1 of the calendar year immediately following the | ||||||
| 3 | earlier of the following: | ||||||
| 4 | (1) the commencement of gambling operations, either in | ||||||
| 5 | a temporary or permanent facility, with respect to the | ||||||
| 6 | owners license authorized under paragraph (1) of | ||||||
| 7 | subsection (e-5) of Section 7 of this Act; or | ||||||
| 8 | (2) June 28, 2021 (24 months after the effective date | ||||||
| 9 | of Public Act 101-31); this amendatory Act of the 101st | ||||||
| 10 | General Assembly, | ||||||
| 11 | provided the initial adjustment year shall not commence earlier | ||||||
| 12 | than June 28, 2020 (12 months after the effective date of | ||||||
| 13 | Public Act 101-31) this amendatory Act of the 101st General | ||||||
| 14 | Assembly. | ||||||
| 15 | "Final adjustment year" means the 2nd calendar year after | ||||||
| 16 | the initial adjustment year, not including the initial | ||||||
| 17 | adjustment year, and as may be extended further as described in | ||||||
| 18 | this subsection (a-7). | ||||||
| 19 | "Annual adjustment cap" means 3% of adjusted gross receipts | ||||||
| 20 | in a particular calendar year, and as may be increased further | ||||||
| 21 | as otherwise described in this subsection (a-7). | ||||||
| 22 | (a-8) Riverboat gambling operations conducted by a | ||||||
| 23 | licensed manager on
behalf of the State are not subject to the | ||||||
| 24 | tax imposed under this Section.
| ||||||
| 25 | (a-9) Beginning on January 1, 2020, the calculation of | ||||||
| 26 | gross receipts or adjusted gross receipts, for the purposes of | ||||||
| |||||||
| |||||||
| 1 | this Section, for a riverboat, a casino, or an organization | ||||||
| 2 | gaming facility shall not include the dollar amount of | ||||||
| 3 | non-cashable vouchers, coupons, and electronic promotions | ||||||
| 4 | redeemed by wagerers upon the riverboat, in the casino, or in | ||||||
| 5 | the organization gaming facility up to and including an amount | ||||||
| 6 | not to exceed 20% of a riverboat's, a casino's, or an | ||||||
| 7 | organization gaming facility's adjusted gross receipts. | ||||||
| 8 | The Illinois Gaming Board shall submit to the General | ||||||
| 9 | Assembly a comprehensive report no later than March 31, 2023 | ||||||
| 10 | detailing, at a minimum, the effect of removing non-cashable | ||||||
| 11 | vouchers, coupons, and electronic promotions from this | ||||||
| 12 | calculation on net gaming revenues to the State in calendar | ||||||
| 13 | years 2020 through 2022, the increase or reduction in wagerers | ||||||
| 14 | as a result of removing non-cashable vouchers, coupons, and | ||||||
| 15 | electronic promotions from this calculation, the effect of the | ||||||
| 16 | tax rates in subsection (a-5) on net gaming revenues to this | ||||||
| 17 | State, and proposed modifications to the calculation. | ||||||
| 18 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
| 19 | the licensed
owner or the organization gaming licensee to the | ||||||
| 20 | Board not later than 5:00 o'clock p.m. of the day after the day
| ||||||
| 21 | when the wagers were made.
| ||||||
| 22 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
| 23 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
| 24 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
| 25 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
| 26 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
| |||||||
| |||||||
| 1 | the payment of all amounts otherwise due under this Section, | ||||||
| 2 | pay to the Board a reconciliation payment in the amount, if | ||||||
| 3 | any, by which the licensed owner's base amount exceeds the | ||||||
| 4 | amount of net privilege tax paid by the licensed owner to the | ||||||
| 5 | Board in the then current State fiscal year. A licensed owner's | ||||||
| 6 | net privilege tax obligation due for the balance of the State | ||||||
| 7 | fiscal year shall be reduced up to the total of the amount paid | ||||||
| 8 | by the licensed owner in its June 15 reconciliation payment. | ||||||
| 9 | The obligation imposed by this subsection (a-15) is binding on | ||||||
| 10 | any person, firm, corporation, or other entity that acquires an | ||||||
| 11 | ownership interest in any such owners license. The obligation | ||||||
| 12 | imposed under this subsection (a-15) terminates on the earliest | ||||||
| 13 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
| 14 | date of this amendatory Act of the 94th General Assembly that | ||||||
| 15 | riverboat gambling operations are conducted pursuant to a | ||||||
| 16 | dormant license, (iii) the first day that riverboat gambling | ||||||
| 17 | operations are conducted under the authority of an owners | ||||||
| 18 | license that is in addition to the 10 owners licenses initially | ||||||
| 19 | authorized under this Act, or (iv) the first day that a | ||||||
| 20 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
| 21 | gaming operations with slot machines or other electronic gaming | ||||||
| 22 | devices. The Board must reduce the obligation imposed under | ||||||
| 23 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
| 24 | for any of the following reasons: (A) an act or acts of God, | ||||||
| 25 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
| 26 | terrorism threat that was investigated by a law enforcement | ||||||
| |||||||
| |||||||
| 1 | agency, or (C) a condition beyond the control of the owners | ||||||
| 2 | licensee that does not result from any act or omission by the | ||||||
| 3 | owners licensee or any of its agents and that poses a hazardous | ||||||
| 4 | threat to the health and safety of patrons. If an owners | ||||||
| 5 | licensee pays an amount in excess of its liability under this | ||||||
| 6 | Section, the Board shall apply the overpayment to future | ||||||
| 7 | payments required under this Section. | ||||||
| 8 | For purposes of this subsection (a-15): | ||||||
| 9 | "Act of God" means an incident caused by the operation of | ||||||
| 10 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
| 11 | avoided by the exercise of due care, and for which no person | ||||||
| 12 | can be held liable.
| ||||||
| 13 | "Base amount" means the following: | ||||||
| 14 | For a riverboat in Alton, $31,000,000.
| ||||||
| 15 | For a riverboat in East Peoria, $43,000,000.
| ||||||
| 16 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
| 17 | For a riverboat in Metropolis, $45,000,000.
| ||||||
| 18 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
| 19 | For a riverboat in Aurora, $86,000,000.
| ||||||
| 20 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
| 21 | For a riverboat in Elgin, $198,000,000.
| ||||||
| 22 | "Dormant license" has the meaning ascribed to it in | ||||||
| 23 | subsection (a-3).
| ||||||
| 24 | "Net privilege tax" means all privilege taxes paid by a | ||||||
| 25 | licensed owner to the Board under this Section, less all | ||||||
| 26 | payments made from the State Gaming Fund pursuant to subsection | ||||||
| |||||||
| |||||||
| 1 | (b) of this Section. | ||||||
| 2 | The changes made to this subsection (a-15) by Public Act | ||||||
| 3 | 94-839 are intended to restate and clarify the intent of Public | ||||||
| 4 | Act 94-673 with respect to the amount of the payments required | ||||||
| 5 | to be made under this subsection by an owners licensee to the | ||||||
| 6 | Board.
| ||||||
| 7 | (b) From the tax revenue from riverboat or casino gambling
| ||||||
| 8 | deposited in the State Gaming Fund under this Section, an | ||||||
| 9 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
| 10 | riverboat or a casino, other than a riverboat or casino | ||||||
| 11 | designated in paragraph (1), (3), or (4) of subsection (e-5) of | ||||||
| 12 | Section 7, shall be paid monthly, subject
to appropriation by | ||||||
| 13 | the General Assembly, to the unit of local government in which | ||||||
| 14 | the casino is located or that
is designated as the home dock of | ||||||
| 15 | the riverboat. Notwithstanding anything to the contrary, | ||||||
| 16 | beginning on the first day that an owners licensee under | ||||||
| 17 | paragraph (1), (2), (3), (4), (5), or (6) of subsection (e-5) | ||||||
| 18 | of Section 7 conducts gambling operations, either in a | ||||||
| 19 | temporary facility or a permanent facility, and for 2 years | ||||||
| 20 | thereafter, a unit of local government designated as the home | ||||||
| 21 | dock of a riverboat whose license was issued before January 1, | ||||||
| 22 | 2019, other than a riverboat conducting gambling operations in | ||||||
| 23 | the City of East St. Louis, shall not receive less under this | ||||||
| 24 | subsection (b) than the amount the unit of local government | ||||||
| 25 | received under this subsection (b) in calendar year 2018. | ||||||
| 26 | Notwithstanding anything to the contrary and because the City | ||||||
| |||||||
| |||||||
| 1 | of East St. Louis is a financially distressed city, beginning | ||||||
| 2 | on the first day that an owners licensee under paragraph (1), | ||||||
| 3 | (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 | ||||||
| 4 | conducts gambling operations, either in a temporary facility or | ||||||
| 5 | a permanent facility, and for 10 years thereafter, a unit of | ||||||
| 6 | local government designated as the home dock of a riverboat | ||||||
| 7 | conducting gambling operations in the City of East St. Louis | ||||||
| 8 | shall not receive less under this subsection (b) than the | ||||||
| 9 | amount the unit of local government received under this | ||||||
| 10 | subsection (b) in calendar year 2018. | ||||||
| 11 | From the tax revenue
deposited in the State Gaming Fund | ||||||
| 12 | pursuant to riverboat or casino gambling operations
conducted | ||||||
| 13 | by a licensed manager on behalf of the State, an amount equal | ||||||
| 14 | to 5%
of adjusted gross receipts generated pursuant to those | ||||||
| 15 | riverboat or casino gambling
operations shall be paid monthly,
| ||||||
| 16 | subject to appropriation by the General Assembly, to the unit | ||||||
| 17 | of local
government that is designated as the home dock of the | ||||||
| 18 | riverboat upon which
those riverboat gambling operations are | ||||||
| 19 | conducted or in which the casino is located. | ||||||
| 20 | From the tax revenue from riverboat or casino gambling | ||||||
| 21 | deposited in the State Gaming Fund under this Section, an | ||||||
| 22 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
| 23 | a riverboat designated in paragraph (3) of subsection (e-5) of | ||||||
| 24 | Section 7 shall be divided and remitted monthly, subject to | ||||||
| 25 | appropriation, as follows: 70% to Waukegan, 10% to Park City, | ||||||
| 26 | 15% to North Chicago, and 5% to Lake County. | ||||||
| |||||||
| |||||||
| 1 | From the tax revenue from riverboat or casino gambling | ||||||
| 2 | deposited in the State Gaming Fund under this Section, an | ||||||
| 3 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
| 4 | a riverboat designated in paragraph (4) of subsection (e-5) of | ||||||
| 5 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
| 6 | as follows: 70% to the City of Rockford, 5% to the City of | ||||||
| 7 | Loves Park, 5% to the Village of Machesney, and 20% to | ||||||
| 8 | Winnebago County. | ||||||
| 9 | From the tax revenue from riverboat or casino gambling | ||||||
| 10 | deposited in the State Gaming Fund under this Section, an | ||||||
| 11 | amount equal to 5% of the adjusted gross receipts generated by | ||||||
| 12 | a riverboat designated in paragraph (5) of subsection (e-5) of | ||||||
| 13 | Section 7 shall be remitted monthly, subject to appropriation, | ||||||
| 14 | as follows: 2% to the unit of local government in which the | ||||||
| 15 | riverboat or casino is located, and 3% shall be distributed: | ||||||
| 16 | (A) in accordance with a regional capital development plan | ||||||
| 17 | entered into by the following communities: Village of Beecher, | ||||||
| 18 | City of Blue Island, Village of Burnham, City of Calumet City, | ||||||
| 19 | Village of Calumet Park, City of Chicago Heights, City of | ||||||
| 20 | Country Club Hills, Village of Crestwood, Village of Crete, | ||||||
| 21 | Village of Dixmoor, Village of Dolton, Village of East Hazel | ||||||
| 22 | Crest, Village of Flossmoor, Village of Ford Heights, Village | ||||||
| 23 | of Glenwood, City of Harvey, Village of Hazel Crest, Village of | ||||||
| 24 | Homewood, Village of Lansing, Village of Lynwood, City of | ||||||
| 25 | Markham, Village of Matteson, Village of Midlothian, Village of | ||||||
| 26 | Monee, City of Oak Forest, Village of Olympia Fields, Village | ||||||
| |||||||
| |||||||
| 1 | of Orland Hills, Village of Orland Park, City of Palos Heights, | ||||||
| 2 | Village of Park Forest, Village of Phoenix, Village of Posen, | ||||||
| 3 | Village of Richton Park, Village of Riverdale, Village of | ||||||
| 4 | Robbins, Village of Sauk Village, Village of South Chicago | ||||||
| 5 | Heights, Village of South Holland, Village of Steger, Village | ||||||
| 6 | of Thornton, Village of Tinley Park, Village of University Park | ||||||
| 7 | and Village of Worth; or (B) if no regional capital development | ||||||
| 8 | plan exists, equally among the communities listed in item (A) | ||||||
| 9 | to be used for capital expenditures or public pension payments, | ||||||
| 10 | or both. | ||||||
| 11 | Units of local government may refund any portion of the | ||||||
| 12 | payment that they receive pursuant to this subsection (b) to | ||||||
| 13 | the riverboat or casino.
| ||||||
| 14 | (b-4) Beginning on the first day the licensee under | ||||||
| 15 | paragraph (5) of subsection (e-5) of Section 7 conducts | ||||||
| 16 | gambling operations, either in a temporary facility or a | ||||||
| 17 | permanent facility, and ending on July 31, 2042, from the tax | ||||||
| 18 | revenue deposited in the State Gaming Fund under this Section, | ||||||
| 19 | $5,000,000 shall be paid annually, subject
to appropriation, to | ||||||
| 20 | the host municipality of that owners licensee of a license | ||||||
| 21 | issued or re-issued pursuant to Section
7.1 of this Act before | ||||||
| 22 | January 1, 2012. Payments received by the host municipality | ||||||
| 23 | pursuant to this subsection (b-4) may not be shared with any | ||||||
| 24 | other unit of local government. | ||||||
| 25 | (b-5) Beginning on June 28, 2019 (the effective date of | ||||||
| 26 | Public Act 101-31) this amendatory Act of the 101st General | ||||||
| |||||||
| |||||||
| 1 | Assembly, from the tax revenue
deposited in the State Gaming | ||||||
| 2 | Fund under this Section, an amount equal to 3% of
adjusted | ||||||
| 3 | gross receipts generated by each organization gaming facility | ||||||
| 4 | located outside Madison County shall be paid monthly, subject
| ||||||
| 5 | to appropriation by the General Assembly, to a municipality | ||||||
| 6 | other than the Village of Stickney in which each organization | ||||||
| 7 | gaming facility is located or, if the organization gaming | ||||||
| 8 | facility is not located within a municipality, to the county in | ||||||
| 9 | which the organization gaming facility is located, except as | ||||||
| 10 | otherwise provided in this Section. From the tax revenue | ||||||
| 11 | deposited in the State Gaming Fund under this Section, an | ||||||
| 12 | amount equal to 3% of adjusted gross receipts generated by an | ||||||
| 13 | organization gaming facility located in the Village of Stickney | ||||||
| 14 | shall be paid monthly, subject to appropriation by the General | ||||||
| 15 | Assembly, as follows: 25% to the Village of Stickney, 5% to the | ||||||
| 16 | City of Berwyn, 50% to the Town of Cicero, and 20% to the | ||||||
| 17 | Stickney Public Health District. | ||||||
| 18 | From the tax revenue deposited in the State Gaming Fund | ||||||
| 19 | under this Section, an amount equal to 5% of adjusted gross | ||||||
| 20 | receipts generated by an organization gaming facility located | ||||||
| 21 | in the City of Collinsville shall be paid monthly, subject to | ||||||
| 22 | appropriation by the General Assembly, as follows: 30% to the | ||||||
| 23 | City of Alton, 30% to the City of East St. Louis, and 40% to the | ||||||
| 24 | City of Collinsville. | ||||||
| 25 | Municipalities and counties may refund any portion of the | ||||||
| 26 | payment that they receive pursuant to this subsection (b-5) to | ||||||
| |||||||
| |||||||
| 1 | the organization gaming facility. | ||||||
| 2 | (b-6) Beginning on June 28, 2019 (the effective date of | ||||||
| 3 | Public Act 101-31) this amendatory Act of the 101st General | ||||||
| 4 | Assembly, from the tax revenue deposited in the State Gaming | ||||||
| 5 | Fund under this Section, an amount equal to 2% of adjusted | ||||||
| 6 | gross receipts generated by an organization gaming facility | ||||||
| 7 | located outside Madison County shall be paid monthly, subject | ||||||
| 8 | to appropriation by the General Assembly, to the county in | ||||||
| 9 | which the organization gaming facility is located for the | ||||||
| 10 | purposes of its criminal justice system or health care system. | ||||||
| 11 | Counties may refund any portion of the payment that they | ||||||
| 12 | receive pursuant to this subsection (b-6) to the organization | ||||||
| 13 | gaming facility. | ||||||
| 14 | (b-7) From the tax revenue from the organization gaming | ||||||
| 15 | licensee located in one of the following townships of Cook | ||||||
| 16 | County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or | ||||||
| 17 | Worth, an amount equal to 5% of the adjusted gross receipts | ||||||
| 18 | generated by that organization gaming licensee shall be | ||||||
| 19 | remitted monthly, subject to appropriation, as follows: 2% to | ||||||
| 20 | the unit of local government in which the organization gaming | ||||||
| 21 | licensee is located, and 3% shall be distributed: (A) in | ||||||
| 22 | accordance with a regional capital development plan entered | ||||||
| 23 | into by the following communities: Village of Beecher, City of | ||||||
| 24 | Blue Island, Village of Burnham, City of Calumet City, Village | ||||||
| 25 | of Calumet Park, City of Chicago Heights, City of Country Club | ||||||
| 26 | Hills, Village of Crestwood, Village of Crete, Village of | ||||||
| |||||||
| |||||||
| 1 | Dixmoor, Village of Dolton, Village of East Hazel Crest, | ||||||
| 2 | Village of Flossmoor, Village of Ford Heights, Village of | ||||||
| 3 | Glenwood, City of Harvey, Village of Hazel Crest, Village of | ||||||
| 4 | Homewood, Village of Lansing, Village of Lynwood, City of | ||||||
| 5 | Markham, Village of Matteson, Village of Midlothian, Village of | ||||||
| 6 | Monee, City of Oak Forest, Village of Olympia Fields, Village | ||||||
| 7 | of Orland Hills, Village of Orland Park, City of Palos Heights, | ||||||
| 8 | Village of Park Forest, Village of Phoenix, Village of Posen, | ||||||
| 9 | Village of Richton Park, Village of Riverdale, Village of | ||||||
| 10 | Robbins, Village of Sauk Village, Village of South Chicago | ||||||
| 11 | Heights, Village of South Holland, Village of Steger, Village | ||||||
| 12 | of Thornton, Village of Tinley Park, Village of University | ||||||
| 13 | Park, and Village of Worth; or (B) if no regional capital | ||||||
| 14 | development plan exists, equally among the communities listed | ||||||
| 15 | in item (A) to be used for capital expenditures or public | ||||||
| 16 | pension payments, or both. | ||||||
| 17 | (b-8) In lieu of the payments under subsection (b) of this | ||||||
| 18 | Section, the tax revenue from the privilege tax imposed by | ||||||
| 19 | subsection (a-5.5) shall be paid monthly, subject
to | ||||||
| 20 | appropriation by the General Assembly, to the City of Chicago | ||||||
| 21 | and shall be expended or obligated by the City of Chicago for | ||||||
| 22 | pension payments in accordance with Public Act 99-506. | ||||||
| 23 | (c) Appropriations, as approved by the General Assembly, | ||||||
| 24 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
| 25 | administration and enforcement of this Act and the Video Gaming | ||||||
| 26 | Act, (ii) for distribution to the Illinois Department of State | ||||||
| |||||||
| |||||||
| 1 | Police and to the Department of Revenue for the enforcement of | ||||||
| 2 | this Act, and the Video Gaming Act, and (iii) to the
Department | ||||||
| 3 | of Human Services for the administration of programs to treat
| ||||||
| 4 | problem gambling, including problem gambling from sports | ||||||
| 5 | wagering. The Board's annual appropriations request must | ||||||
| 6 | separately state its funding needs for the regulation of gaming | ||||||
| 7 | authorized under Section 7.7, riverboat gaming, casino gaming, | ||||||
| 8 | video gaming, and sports wagering.
| ||||||
| 9 | (c-2) An amount equal to 2% of the adjusted gross receipts | ||||||
| 10 | generated by an organization gaming facility located within a | ||||||
| 11 | home rule county with a population of over 3,000,000 | ||||||
| 12 | inhabitants shall be paid, subject to appropriation
from the | ||||||
| 13 | General Assembly, from the State Gaming Fund to the home rule
| ||||||
| 14 | county in which the organization gaming licensee is located for | ||||||
| 15 | the purpose of
enhancing the county's criminal justice system. | ||||||
| 16 | (c-3) Appropriations, as approved by the General Assembly, | ||||||
| 17 | may be made from the tax revenue deposited into the State | ||||||
| 18 | Gaming Fund from organization gaming licensees pursuant to this | ||||||
| 19 | Section for the administration and enforcement of this Act.
| ||||||
| 20 | (c-4) After payments required under subsections (b), | ||||||
| 21 | (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from | ||||||
| 22 | the tax revenue from organization gaming licensees deposited | ||||||
| 23 | into the State Gaming Fund under this Section, all remaining | ||||||
| 24 | amounts from organization gaming licensees shall be | ||||||
| 25 | transferred into the Capital Projects Fund. | ||||||
| 26 | (c-5) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (c-10) Each year the General Assembly shall appropriate | ||||||
| 2 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
| 3 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
| 4 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
| 5 | (c-15) After the payments required under subsections (b), | ||||||
| 6 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
| 7 | adjusted gross receipts of (1)
an owners licensee that | ||||||
| 8 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
| 9 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
| 10 | license that is initially issued after June 25, 1999,
or (3) | ||||||
| 11 | the first
riverboat gambling operations conducted by a licensed | ||||||
| 12 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
| 13 | comes first, shall be paid, subject to appropriation
from the | ||||||
| 14 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
| 15 | county with a population of over 3,000,000 inhabitants for the | ||||||
| 16 | purpose of
enhancing the county's criminal justice system.
| ||||||
| 17 | (c-20) Each year the General Assembly shall appropriate | ||||||
| 18 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
| 19 | an amount equal to the amount
paid to each home rule county | ||||||
| 20 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
| 21 | subsection (c-15) in the prior calendar year.
| ||||||
| 22 | (c-21) After the payments required under subsections (b), | ||||||
| 23 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have | ||||||
| 24 | been made, an amount equal to 2% of the adjusted gross receipts | ||||||
| 25 | generated by the owners licensee under paragraph (1) of | ||||||
| 26 | subsection (e-5) of Section 7 shall be paid, subject to | ||||||
| |||||||
| |||||||
| 1 | appropriation
from the General Assembly, from the State Gaming | ||||||
| 2 | Fund to the home rule
county in which the owners licensee is | ||||||
| 3 | located for the purpose of
enhancing the county's criminal | ||||||
| 4 | justice system. | ||||||
| 5 | (c-22) After the payments required under subsections (b), | ||||||
| 6 | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and | ||||||
| 7 | (c-21) have been made, an amount equal to 2% of the adjusted | ||||||
| 8 | gross receipts generated by the owners licensee under paragraph | ||||||
| 9 | (5) of subsection (e-5) of Section 7 shall be paid, subject to | ||||||
| 10 | appropriation
from the General Assembly, from the State Gaming | ||||||
| 11 | Fund to the home rule
county in which the owners licensee is | ||||||
| 12 | located for the purpose of
enhancing the county's criminal | ||||||
| 13 | justice system. | ||||||
| 14 | (c-25) From July 1, 2013 and each July 1 thereafter through | ||||||
| 15 | July 1, 2019, $1,600,000 shall be transferred from the State | ||||||
| 16 | Gaming Fund to the Chicago State University Education | ||||||
| 17 | Improvement Fund.
| ||||||
| 18 | On July 1, 2020 and each July 1 thereafter, $3,000,000 | ||||||
| 19 | shall be transferred from the State Gaming Fund to the Chicago | ||||||
| 20 | State University Education Improvement Fund. | ||||||
| 21 | (c-30) On July 1, 2013 or as soon as possible thereafter, | ||||||
| 22 | $92,000,000 shall be transferred from the State Gaming Fund to | ||||||
| 23 | the School Infrastructure Fund and $23,000,000 shall be | ||||||
| 24 | transferred from the State Gaming Fund to the Horse Racing | ||||||
| 25 | Equity Fund. | ||||||
| 26 | (c-35) Beginning on July 1, 2013, in addition to any amount | ||||||
| |||||||
| |||||||
| 1 | transferred under subsection (c-30) of this Section, | ||||||
| 2 | $5,530,000 shall be transferred monthly from the State Gaming | ||||||
| 3 | Fund to the School Infrastructure Fund. | ||||||
| 4 | (d) From time to time, the
Board shall transfer the | ||||||
| 5 | remainder of the funds
generated by this Act into the Education
| ||||||
| 6 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
| 7 | Illinois.
| ||||||
| 8 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
| 9 | government
designated as the home dock of the riverboat from | ||||||
| 10 | entering into agreements
with other units of local government | ||||||
| 11 | in this State or in other states to
share its portion of the | ||||||
| 12 | tax revenue.
| ||||||
| 13 | (f) To the extent practicable, the Board shall administer | ||||||
| 14 | and collect the
wagering taxes imposed by this Section in a | ||||||
| 15 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
| 16 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
| 17 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
| 18 | Penalty and Interest Act.
| ||||||
| 19 | (Source: P.A. 101-31, Article 25, Section 25-910, eff. 6-28-19; | ||||||
| 20 | 101-31, Article 35, Section 35-55, eff. 6-28-19; revised | ||||||
| 21 | 8-23-19.)
| ||||||
| 22 | (230 ILCS 10/22) (from Ch. 120, par. 2422)
| ||||||
| 23 | Sec. 22. Criminal history record information. Whenever the | ||||||
| 24 | Board is authorized or required by law to consider some
aspect | ||||||
| 25 | of criminal history record information for the purpose of | ||||||
| |||||||
| |||||||
| 1 | carrying
out its statutory powers and responsibilities, the | ||||||
| 2 | Board shall, in the
form and manner required by the Illinois | ||||||
| 3 | Department of State Police and the Federal
Bureau of | ||||||
| 4 | Investigation, cause to be conducted a criminal history record
| ||||||
| 5 | investigation to obtain any information currently or | ||||||
| 6 | thereafter contained in
the files of the Illinois Department of | ||||||
| 7 | State Police or the Federal Bureau of
Investigation, including, | ||||||
| 8 | but not limited to, civil, criminal, and latent fingerprint | ||||||
| 9 | databases.
Each applicant for occupational licensing under | ||||||
| 10 | Section 9
or key person as defined by the Board in | ||||||
| 11 | administrative rules shall submit his
or her fingerprints to | ||||||
| 12 | the Illinois
Department of State Police in the form and manner | ||||||
| 13 | prescribed by the Illinois Department
of State Police. These | ||||||
| 14 | fingerprints shall be checked against the fingerprint
records | ||||||
| 15 | now and hereafter filed in the Illinois Department of
State | ||||||
| 16 | Police and Federal Bureau of Investigation criminal history
| ||||||
| 17 | records databases, including, but not limited to, civil, | ||||||
| 18 | criminal, and latent fingerprint databases. The Illinois | ||||||
| 19 | Department of State Police
shall charge a fee for conducting | ||||||
| 20 | the criminal history records check, which
shall be deposited in | ||||||
| 21 | the State Police Services Fund and shall not exceed the
actual | ||||||
| 22 | cost of the records check.
The Illinois Department of State | ||||||
| 23 | Police shall provide, on the Board's
request, information | ||||||
| 24 | concerning any criminal charges, and their disposition,
| ||||||
| 25 | currently or thereafter filed against any applicant, key | ||||||
| 26 | person, or holder of any license or for determinations of | ||||||
| |||||||
| |||||||
| 1 | suitability. Information obtained as a result of an | ||||||
| 2 | investigation
under this Section shall be used in determining | ||||||
| 3 | eligibility for any
license. Upon request and
payment of fees | ||||||
| 4 | in conformance with the requirements of
Section 2605-400 of the | ||||||
| 5 | Illinois Department of State Police Law (20 ILCS
| ||||||
| 6 | 2605/2605-400), the Illinois
Department
of State Police is | ||||||
| 7 | authorized to furnish, pursuant to positive
identification, | ||||||
| 8 | such information contained in State files as is necessary
to | ||||||
| 9 | fulfill the request.
| ||||||
| 10 | (Source: P.A. 101-597, eff. 12-6-19.)
| ||||||
| 11 | Section 705. The Illinois Pull Tabs and Jar Games Act is | ||||||
| 12 | amended by changing Sections 2.1 and 5 as follows:
| ||||||
| 13 | (230 ILCS 20/2.1) | ||||||
| 14 | Sec. 2.1. Ineligibility for a license. The following are | ||||||
| 15 | ineligible for any license under this Act:
| ||||||
| 16 | (1) Any person convicted of any felony within the last | ||||||
| 17 | 5 years where such conviction will impair the person's | ||||||
| 18 | ability to engage in the position for which a license is | ||||||
| 19 | sought.
| ||||||
| 20 | (2) Any person convicted of a violation of Article 28 | ||||||
| 21 | of
the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 22 | who has not been sufficiently rehabilitated following the | ||||||
| 23 | conviction.
| ||||||
| 24 | (3) Any person who has had a bingo, pull tabs and jar | ||||||
| |||||||
| |||||||
| 1 | games, or
charitable games license revoked by the | ||||||
| 2 | Department.
| ||||||
| 3 | (4) Any person who is or has been a professional | ||||||
| 4 | gambler.
| ||||||
| 5 | (5) Any person found gambling in a manner not | ||||||
| 6 | authorized by the Illinois Pull Tabs and Jar Games Act, the | ||||||
| 7 | Bingo License and Tax Act, or the Charitable Games Act, | ||||||
| 8 | participating in such gambling, or knowingly permitting | ||||||
| 9 | such gambling on premises where pull tabs and jar games are | ||||||
| 10 | authorized to be conducted.
| ||||||
| 11 | (6) Any firm or corporation in which a person defined | ||||||
| 12 | in (1), (2), (3), (4),
or (5) has any proprietary, | ||||||
| 13 | equitable, or credit interest or in which such
person is | ||||||
| 14 | active or employed.
| ||||||
| 15 | (7) Any organization in which a person defined in (1), | ||||||
| 16 | (2), (3), (4), or (5)
is an officer, director, or employee, | ||||||
| 17 | whether compensated or not.
| ||||||
| 18 | (8) Any organization in which a person defined in (1), | ||||||
| 19 | (2), (3), (4), or (5)
is to participate in the management | ||||||
| 20 | or operation of pull tabs and jar games.
| ||||||
| 21 | The Illinois Department of State Police shall provide the | ||||||
| 22 | criminal background of
any supplier as requested by the | ||||||
| 23 | Department of Revenue.
| ||||||
| 24 | (Source: P.A. 100-286, eff. 1-1-18.)
| ||||||
| 25 | (230 ILCS 20/5) (from Ch. 120, par. 1055)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5. Payments; returns. There shall be paid to the | ||||||
| 2 | Department of Revenue 5% of the
gross proceeds of any pull tabs | ||||||
| 3 | and jar games conducted
under this Act. Such payments shall be | ||||||
| 4 | made 4 times per year, between the
first and the 20th day of | ||||||
| 5 | April, July, October and January. Accompanying each payment | ||||||
| 6 | shall
be a return, on forms prescribed by the Department of | ||||||
| 7 | Revenue. Failure to
submit either the payment or the return
| ||||||
| 8 | within the specified time shall
result in suspension or | ||||||
| 9 | revocation of the license. Tax returns filed pursuant to this | ||||||
| 10 | Act shall not be confidential and shall be available for public | ||||||
| 11 | inspection. All payments made to the
Department of Revenue | ||||||
| 12 | under this Act shall be deposited as follows:
| ||||||
| 13 | (a) 50% shall be deposited in the Common School Fund; | ||||||
| 14 | and
| ||||||
| 15 | (b) 50% shall be deposited in the Illinois Gaming Law | ||||||
| 16 | Enforcement Fund.
Of the monies deposited in the Illinois | ||||||
| 17 | Gaming Law Enforcement Fund under
this Section, the General | ||||||
| 18 | Assembly shall appropriate two-thirds to the
Department of | ||||||
| 19 | Revenue, Illinois Department of State Police and the Office | ||||||
| 20 | of the
Attorney General for State law enforcement purposes, | ||||||
| 21 | and one-third shall be
appropriated to the Department of | ||||||
| 22 | Revenue for the purpose of distribution
in the form of | ||||||
| 23 | grants to counties or municipalities for law enforcement
| ||||||
| 24 | purposes. The amounts of grants to counties or | ||||||
| 25 | municipalities shall bear
the same ratio as the number of | ||||||
| 26 | licenses issued in counties or
municipalities bears to the | ||||||
| |||||||
| |||||||
| 1 | total number of licenses issued in the State.
In computing | ||||||
| 2 | the number of licenses issued in a county, licenses issued | ||||||
| 3 | for
locations within a municipality's boundaries shall be | ||||||
| 4 | excluded.
| ||||||
| 5 | The provisions of Sections 4, 5,
5a, 5b, 5c, 5d, 5e, 5f, | ||||||
| 6 | 5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11 and
12 of the | ||||||
| 7 | Retailers' Occupation Tax Act, and Section 3-7
of the Uniform | ||||||
| 8 | Penalty and Interest Act, which are not inconsistent
with this | ||||||
| 9 | Act shall apply, as far as practicable, to the subject matter
| ||||||
| 10 | of this Act to the same extent as if such provisions were | ||||||
| 11 | included in this
Act. For the purposes of this Act, references | ||||||
| 12 | in such incorporated Sections
of the Retailers' Occupation Tax | ||||||
| 13 | Act to retailers, sellers or persons
engaged in the business of | ||||||
| 14 | selling tangible personal property means persons
engaged in | ||||||
| 15 | conducting pull tabs and jar games and references in such
| ||||||
| 16 | incorporated Sections of the Retailers' Occupation Tax Act to | ||||||
| 17 | sales of
tangible personal property mean the conducting of pull | ||||||
| 18 | tabs and jar games
and the making of charges for participating | ||||||
| 19 | in such drawings.
| ||||||
| 20 | If any payment provided for in this Section exceeds the | ||||||
| 21 | taxpayer's liabilities under this Act, as shown on an original | ||||||
| 22 | return, the taxpayer may credit such excess payment against | ||||||
| 23 | liability subsequently to be remitted to the Department under | ||||||
| 24 | this Act, in accordance with reasonable rules adopted by the | ||||||
| 25 | Department. | ||||||
| 26 | (Source: P.A. 100-1171, eff. 1-4-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 710. The Bingo License and Tax Act is amended by | ||||||
| 2 | changing Section 1.2 as follows:
| ||||||
| 3 | (230 ILCS 25/1.2) | ||||||
| 4 | Sec. 1.2. Ineligibility for licensure. The following are | ||||||
| 5 | ineligible for any license under this Act: | ||||||
| 6 | (1) Any person convicted of any felony within the last | ||||||
| 7 | 5 years where such conviction will impair the person's | ||||||
| 8 | ability to engage in the position for which a license is | ||||||
| 9 | sought. | ||||||
| 10 | (2) Any person convicted of a violation of Article 28 | ||||||
| 11 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 12 | who has not been sufficiently rehabilitated following the | ||||||
| 13 | conviction. | ||||||
| 14 | (3) Any person who has had a bingo, pull tabs and jar | ||||||
| 15 | games, or charitable games license revoked by the | ||||||
| 16 | Department. | ||||||
| 17 | (4) Any person who is or has been a professional | ||||||
| 18 | gambler. | ||||||
| 19 | (5) Any person found gambling in a manner not | ||||||
| 20 | authorized by the Illinois Pull Tabs and Jar Games Act, | ||||||
| 21 | Bingo License and Tax Act, or the Charitable Games Act, | ||||||
| 22 | participating in such gambling, or knowingly permitting | ||||||
| 23 | such gambling on premises where a bingo event is authorized | ||||||
| 24 | to be conducted or has been conducted. | ||||||
| |||||||
| |||||||
| 1 | (6) Any organization in which a person defined in (1), | ||||||
| 2 | (2), (3), (4), or (5) has a proprietary, equitable, or | ||||||
| 3 | credit interest, or in which such person is active or | ||||||
| 4 | employed. | ||||||
| 5 | (7) Any organization in which a person defined in (1), | ||||||
| 6 | (2), (3), (4), or (5) is an officer, director, or employee, | ||||||
| 7 | whether compensated or not. | ||||||
| 8 | (8) Any organization in which a person defined in (1), | ||||||
| 9 | (2), (3), (4), or (5) is to participate in the management | ||||||
| 10 | or operation of a bingo game. | ||||||
| 11 | The Illinois Department of State Police shall provide the | ||||||
| 12 | criminal background of any person requested by the Department | ||||||
| 13 | of Revenue.
| ||||||
| 14 | (Source: P.A. 100-286, eff. 1-1-18.)
| ||||||
| 15 | Section 715. The Charitable Games Act is amended by | ||||||
| 16 | changing Sections 7 and 14 as follows:
| ||||||
| 17 | (230 ILCS 30/7) (from Ch. 120, par. 1127)
| ||||||
| 18 | Sec. 7. Ineligible persons. The following are ineligible | ||||||
| 19 | for any
license under this Act:
| ||||||
| 20 | (a) any person convicted of any felony within the last | ||||||
| 21 | 5 years where such conviction will impair the person's | ||||||
| 22 | ability to engage in the position for which a license is | ||||||
| 23 | sought;
| ||||||
| 24 | (b) any person convicted of a violation of Article 28 | ||||||
| |||||||
| |||||||
| 1 | of
the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 2 | who has not been sufficiently rehabilitated following the | ||||||
| 3 | conviction;
| ||||||
| 4 | (c) any person who has had a bingo, pull tabs and jar | ||||||
| 5 | games, or charitable games
license revoked
by the | ||||||
| 6 | Department;
| ||||||
| 7 | (d) any person who is or has been a professional | ||||||
| 8 | gambler;
| ||||||
| 9 | (d-1) any person found gambling in a manner not | ||||||
| 10 | authorized by this Act,
the Illinois Pull Tabs and Jar | ||||||
| 11 | Games Act, or the Bingo License and Tax Act participating | ||||||
| 12 | in such gambling, or knowingly
permitting such gambling on | ||||||
| 13 | premises where an authorized charitable games event
is
| ||||||
| 14 | authorized to be conducted or has been conducted;
| ||||||
| 15 | (e) any organization in which a person defined in (a), | ||||||
| 16 | (b), (c), (d),
or
(d-1)
has a proprietary, equitable, or | ||||||
| 17 | credit interest, or in which the person
is active or | ||||||
| 18 | employed;
| ||||||
| 19 | (f) any organization in which a person defined
in (a), | ||||||
| 20 | (b), (c), (d), or (d-1) is an
officer, director, or | ||||||
| 21 | employee, whether compensated or not;
| ||||||
| 22 | (g) any organization in which a person defined in (a), | ||||||
| 23 | (b),
(c), (d), or (d-1) is to
participate in the management | ||||||
| 24 | or operation of charitable games.
| ||||||
| 25 | The Illinois Department of State Police shall provide the | ||||||
| 26 | criminal background of
any person requested by the Department | ||||||
| |||||||
| |||||||
| 1 | of Revenue.
| ||||||
| 2 | (Source: P.A. 100-286, eff. 1-1-18.)
| ||||||
| 3 | (230 ILCS 30/14) (from Ch. 120, par. 1134)
| ||||||
| 4 | Sec. 14.
(a) There is hereby created the Illinois Gaming | ||||||
| 5 | Law
Enforcement Fund, a special fund in the State Treasury.
| ||||||
| 6 | (b) The General Assembly shall appropriate two-thirds of | ||||||
| 7 | the monies in
such fund to the Department of Revenue, Illinois | ||||||
| 8 | Department of State Police and the
Office of the Attorney | ||||||
| 9 | General for State law enforcement purposes. The
remaining | ||||||
| 10 | one-third of the monies in such fund shall be appropriated to | ||||||
| 11 | the
Department of Revenue for the purpose of distribution in | ||||||
| 12 | the form of
grants to counties or municipalities for law | ||||||
| 13 | enforcement purposes.
| ||||||
| 14 | The amount of a grant to counties or municipalities shall | ||||||
| 15 | bear the same
ratio to the total amount of grants made as the | ||||||
| 16 | number of licenses issued
in counties or municipalities bears | ||||||
| 17 | to the total number of licenses
issued in the State. In | ||||||
| 18 | computing the number of licenses issued in a
county, licenses | ||||||
| 19 | issued for locations within a municipality's boundaries
shall | ||||||
| 20 | be excluded.
| ||||||
| 21 | (c) (Blank).
| ||||||
| 22 | (Source: P.A. 90-372, eff. 7-1-98.)
| ||||||
| 23 | Section 720. The Video Gaming
Act is amended by changing | ||||||
| 24 | Section 45 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 40/45)
| ||||||
| 2 | Sec. 45. Issuance of license.
| ||||||
| 3 | (a) The burden is upon each applicant to
demonstrate his | ||||||
| 4 | suitability for licensure. Each video gaming terminal
| ||||||
| 5 | manufacturer, distributor, supplier, operator, handler, | ||||||
| 6 | licensed establishment, licensed truck stop establishment, | ||||||
| 7 | licensed large truck stop establishment, licensed
fraternal
| ||||||
| 8 | establishment, and licensed veterans establishment shall be
| ||||||
| 9 | licensed by the Board.
The Board may issue or deny a license | ||||||
| 10 | under this Act to any person pursuant to the same criteria set | ||||||
| 11 | forth in Section 9 of the Illinois Gambling Act.
| ||||||
| 12 | (a-5) The Board shall not grant a license to a person who | ||||||
| 13 | has facilitated, enabled, or participated in the use of | ||||||
| 14 | coin-operated devices for gambling purposes or who is under the | ||||||
| 15 | significant influence or control of such a person. For the | ||||||
| 16 | purposes of this Act, "facilitated, enabled, or participated in | ||||||
| 17 | the use of coin-operated amusement devices for gambling | ||||||
| 18 | purposes" means that the person has been convicted of any | ||||||
| 19 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
| 20 | Criminal Code of 2012. If there is pending legal action against | ||||||
| 21 | a person for any such violation, then the Board shall delay the | ||||||
| 22 | licensure of that person until the legal action is resolved. | ||||||
| 23 | (b) Each person seeking and possessing a license as a video | ||||||
| 24 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
| 25 | handler, licensed establishment, licensed truck stop | ||||||
| |||||||
| |||||||
| 1 | establishment, licensed large truck stop establishment, | ||||||
| 2 | licensed fraternal establishment, or licensed veterans | ||||||
| 3 | establishment shall submit to a background investigation | ||||||
| 4 | conducted by the Board with the assistance of the Illinois | ||||||
| 5 | State Police or other law enforcement. To the extent that the | ||||||
| 6 | corporate structure of the applicant allows, the background | ||||||
| 7 | investigation shall include any or all of the following as the | ||||||
| 8 | Board deems appropriate or as provided by rule for each | ||||||
| 9 | category of licensure: (i) each beneficiary of a trust, (ii) | ||||||
| 10 | each partner of a partnership, (iii) each member of a limited | ||||||
| 11 | liability company, (iv) each director and officer of a publicly | ||||||
| 12 | or non-publicly held corporation, (v) each stockholder of a | ||||||
| 13 | non-publicly held corporation, (vi) each stockholder of 5% or | ||||||
| 14 | more of a publicly held corporation, or (vii) each stockholder | ||||||
| 15 | of 5% or more in a parent or subsidiary corporation. | ||||||
| 16 | (c) Each person seeking and possessing a license as a video | ||||||
| 17 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
| 18 | handler, licensed establishment, licensed truck stop | ||||||
| 19 | establishment, licensed large truck stop establishment, | ||||||
| 20 | licensed fraternal establishment, or licensed veterans | ||||||
| 21 | establishment shall disclose the identity of every person, | ||||||
| 22 | association, trust, corporation, or limited liability company | ||||||
| 23 | having a greater than 1% direct or indirect pecuniary interest | ||||||
| 24 | in the video gaming terminal operation for which the license is | ||||||
| 25 | sought. If the disclosed entity is a trust, the application | ||||||
| 26 | shall disclose the names and addresses of the beneficiaries; if | ||||||
| |||||||
| |||||||
| 1 | a corporation, the names and addresses of all stockholders and | ||||||
| 2 | directors; if a limited liability company, the names and | ||||||
| 3 | addresses of all members; or if a partnership, the names and | ||||||
| 4 | addresses of all partners, both general and limited. | ||||||
| 5 | (d) No person may be licensed as a video gaming terminal | ||||||
| 6 | manufacturer, distributor, supplier, operator, handler, | ||||||
| 7 | licensed establishment, licensed truck stop establishment, | ||||||
| 8 | licensed large truck stop establishment, licensed fraternal | ||||||
| 9 | establishment, or licensed veterans establishment if that | ||||||
| 10 | person has been found by the Board to: | ||||||
| 11 | (1) have a background, including a criminal record, | ||||||
| 12 | reputation, habits, social or business associations, or | ||||||
| 13 | prior activities that pose a threat to the public interests | ||||||
| 14 | of the State or to the security and integrity of video | ||||||
| 15 | gaming; | ||||||
| 16 | (2) create or enhance the dangers of unsuitable, | ||||||
| 17 | unfair, or illegal practices, methods, and activities in | ||||||
| 18 | the conduct of video gaming; or | ||||||
| 19 | (3) present questionable business practices and | ||||||
| 20 | financial arrangements incidental to the conduct of video | ||||||
| 21 | gaming activities. | ||||||
| 22 | (e) Any applicant for any license under this Act has the | ||||||
| 23 | burden of proving his or her qualifications to the satisfaction | ||||||
| 24 | of the Board. The Board may adopt rules to establish additional | ||||||
| 25 | qualifications and requirements to preserve the integrity and | ||||||
| 26 | security of video gaming in this State. | ||||||
| |||||||
| |||||||
| 1 | (f) A non-refundable application fee shall be paid at the | ||||||
| 2 | time an
application for a license is filed with the Board in | ||||||
| 3 | the following amounts:
| ||||||
| 4 | (1) Manufacturer..........................$5,000
| ||||||
| 5 | (2) Distributor...........................$5,000
| ||||||
| 6 | (3) Terminal operator.....................$5,000
| ||||||
| 7 | (4) Supplier..............................$2,500
| ||||||
| 8 | (5) Technician..............................$100
| ||||||
| 9 | (6) Terminal Handler........................$100
| ||||||
| 10 | (7) Licensed establishment, licensed truck stop
| ||||||
| 11 | establishment, licensed large truck stop establishment,
| ||||||
| 12 | licensed fraternal establishment, or licensed
| ||||||
| 13 | veterans establishment...............................$100 | ||||||
| 14 | (g) The Board shall establish an
annual fee for each | ||||||
| 15 | license not to exceed the following: | ||||||
| 16 | (1) Manufacturer.........................$10,000
| ||||||
| 17 | (2) Distributor..........................$10,000
| ||||||
| 18 | (3) Terminal operator.....................$5,000
| ||||||
| 19 | (4) Supplier..............................$2,000
| ||||||
| 20 | (5) Technician..............................$100
| ||||||
| 21 | (6) Licensed establishment, licensed truck stop
| ||||||
| 22 | establishment, licensed large truck stop establishment,
| ||||||
| 23 | licensed fraternal establishment, or licensed
| ||||||
| 24 | veterans establishment..........................$100
| ||||||
| 25 | (7) Video gaming terminal...................$100
| ||||||
| 26 | (8) Terminal Handler............................$100
| ||||||
| |||||||
| |||||||
| 1 | (h) A terminal operator and a licensed establishment, | ||||||
| 2 | licensed truck stop establishment, licensed large truck stop | ||||||
| 3 | establishment, licensed fraternal establishment,
or licensed | ||||||
| 4 | veterans establishment shall equally split the fees specified | ||||||
| 5 | in item (7) of subsection (g). | ||||||
| 6 | (Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
| ||||||
| 7 | Section 725. The Sports Wagering Act is amended by changing | ||||||
| 8 | Section 25-20 as follows:
| ||||||
| 9 | (230 ILCS 45/25-20)
| ||||||
| 10 | Sec. 25-20. Licenses required. | ||||||
| 11 | (a) No person may engage in any activity in connection with | ||||||
| 12 | sports wagering in this State unless all necessary licenses | ||||||
| 13 | have been obtained in accordance with this Act and the rules of | ||||||
| 14 | the Board and the Department. The following licenses shall be | ||||||
| 15 | issued under this Act: | ||||||
| 16 | (1) master sports wagering license; | ||||||
| 17 | (2) occupational license; | ||||||
| 18 | (3) supplier license; | ||||||
| 19 | (4) management services provider license; | ||||||
| 20 | (5) tier 2 official league data provider license; and | ||||||
| 21 | (6) central system provider license. | ||||||
| 22 | No person or entity may engage in a sports wagering | ||||||
| 23 | operation or activity without first obtaining the appropriate | ||||||
| 24 | license. | ||||||
| |||||||
| |||||||
| 1 | (b) An applicant for a license issued under this Act shall | ||||||
| 2 | submit an application to the Board in the form the Board | ||||||
| 3 | requires. The applicant shall submit fingerprints for a | ||||||
| 4 | national criminal records check by the Illinois Department of | ||||||
| 5 | State Police and the Federal Bureau of Investigation. The | ||||||
| 6 | fingerprints shall be furnished by the applicant's owners, | ||||||
| 7 | officers, and directors (if a corporation), managers and | ||||||
| 8 | members (if a limited liability company), and partners (if a | ||||||
| 9 | partnership). The fingerprints shall be accompanied by a signed | ||||||
| 10 | authorization for the release of information by the Federal | ||||||
| 11 | Bureau of Investigation. The Board may require additional | ||||||
| 12 | background checks on licensees when they apply for license | ||||||
| 13 | renewal, and an applicant convicted of a disqualifying offense | ||||||
| 14 | shall not be licensed. | ||||||
| 15 | (c) Each master sports wagering licensee shall display the | ||||||
| 16 | license conspicuously in the licensee's place of business or | ||||||
| 17 | have the license available for inspection by an agent of the | ||||||
| 18 | Board or a law enforcement agency. | ||||||
| 19 | (d) Each holder of an occupational license shall carry the | ||||||
| 20 | license and have some indicia of licensure prominently | ||||||
| 21 | displayed on his or her person when present in a gaming | ||||||
| 22 | facility licensed under this Act at all times, in accordance | ||||||
| 23 | with the rules of the Board. | ||||||
| 24 | (e) Each person licensed under this Act shall give the | ||||||
| 25 | Board written notice within 30 days after a material change to | ||||||
| 26 | information provided in the licensee's application for a | ||||||
| |||||||
| |||||||
| 1 | license or renewal.
| ||||||
| 2 | (Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)
| ||||||
| 3 | Section 730. The Liquor Control Act of 1934 is amended by | ||||||
| 4 | changing Sections 4-7 and 10-1 as follows:
| ||||||
| 5 | (235 ILCS 5/4-7) (from Ch. 43, par. 114a)
| ||||||
| 6 | Sec. 4-7.
The local liquor control commissioner shall have | ||||||
| 7 | the right to
require fingerprints of any applicant for a local | ||||||
| 8 | license or for a renewal
thereof other than an applicant who is | ||||||
| 9 | an air carrier operating under a
certificate or a foreign air | ||||||
| 10 | permit issued pursuant to the Federal Aviation
Act of 1958.
| ||||||
| 11 | Each applicant shall submit his or her fingerprints to the
| ||||||
| 12 | Illinois Department of State Police in the form and manner | ||||||
| 13 | prescribed by the Illinois Department of State Police. These | ||||||
| 14 | fingerprints shall be checked against the fingerprint records
| ||||||
| 15 | now and hereafter filed in the Illinois Department of State | ||||||
| 16 | Police and Federal Bureau of Investigation criminal history | ||||||
| 17 | records
databases. The Illinois Department of State Police | ||||||
| 18 | shall charge
a fee for conducting the criminal history records | ||||||
| 19 | check, which shall be
deposited in the State Police Services | ||||||
| 20 | Fund and shall not exceed the actual
cost of the records check. | ||||||
| 21 | The Illinois Department of State Police shall furnish
pursuant | ||||||
| 22 | to positive identification, records of conviction to the local | ||||||
| 23 | liquor
control commissioner.
For purposes of obtaining | ||||||
| 24 | fingerprints under this Section, the
local liquor commissioner | ||||||
| |||||||
| |||||||
| 1 | shall collect a fee and forward the fee to the
appropriate | ||||||
| 2 | policing body who shall submit the fingerprints and the fee to | ||||||
| 3 | the
Illinois Department of State Police.
| ||||||
| 4 | (Source: P.A. 93-418, eff. 1-1-04.)
| ||||||
| 5 | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
| ||||||
| 6 | Sec. 10-1. Violations; penalties. Whereas a substantial | ||||||
| 7 | threat
to the sound and careful control, regulation, and | ||||||
| 8 | taxation of the
manufacture, sale, and distribution of | ||||||
| 9 | alcoholic liquors exists by virtue
of individuals who | ||||||
| 10 | manufacture,
import, distribute, or sell alcoholic liquors | ||||||
| 11 | within the State without
having first obtained a valid license | ||||||
| 12 | to do so, and whereas such threat is
especially serious along | ||||||
| 13 | the borders of this State, and whereas such threat
requires | ||||||
| 14 | immediate correction by this Act, by active investigation and
| ||||||
| 15 | prosecution by the State Commission, law enforcement | ||||||
| 16 | officials, and prosecutors, and by prompt and
strict | ||||||
| 17 | enforcement through the courts of this State to punish | ||||||
| 18 | violators and
to deter such conduct in the future:
| ||||||
| 19 | (a) Any person who manufactures, imports
for distribution | ||||||
| 20 | or use, transports from outside this State into this State, or | ||||||
| 21 | distributes or sells 108 liters (28.53 gallons) or more of | ||||||
| 22 | wine, 45 liters (11.88 gallons) or more of distilled spirits, | ||||||
| 23 | or 118 liters (31.17 gallons) or more of beer at any
place | ||||||
| 24 | within the State without having first obtained a valid license | ||||||
| 25 | to do
so under the provisions of this Act shall be guilty of a | ||||||
| |||||||
| |||||||
| 1 | Class 4 felony for each offense. However, any person who was | ||||||
| 2 | duly licensed under this Act and whose license expired within | ||||||
| 3 | 30 days prior to a violation shall be guilty of a business | ||||||
| 4 | offense and fined not more than $1,000 for the first such | ||||||
| 5 | offense and shall be guilty of a Class 4 felony for each | ||||||
| 6 | subsequent offense.
| ||||||
| 7 | Any person who manufactures, imports for distribution, | ||||||
| 8 | transports from outside this State into this State for sale or | ||||||
| 9 | resale in this State, or distributes or sells less than 108 | ||||||
| 10 | liters (28.53 gallons) of wine, less than 45 liters (11.88 | ||||||
| 11 | gallons) of distilled spirits, or less than 118 liters (31.17 | ||||||
| 12 | gallons) of beer at any place within the State without having | ||||||
| 13 | first obtained a valid license to do so under the provisions of | ||||||
| 14 | this Act shall be guilty of a business offense and fined not | ||||||
| 15 | more than $1,000 for the first such offense and shall be guilty | ||||||
| 16 | of a Class 4 felony for each subsequent offense. This | ||||||
| 17 | subsection does not apply to a motor carrier or freight | ||||||
| 18 | forwarder, as defined in Section 13102 of Title 49 of the | ||||||
| 19 | United States Code, an air carrier, as defined in Section 40102 | ||||||
| 20 | of Title 49 of the United States Code, or a rail carrier, as | ||||||
| 21 | defined in Section 10102 of Title 49 of the United States Code. | ||||||
| 22 | Any person who: (1) has been issued an initial cease and | ||||||
| 23 | desist notice from the State Commission; and (2) for | ||||||
| 24 | compensation, does any of the following: (i) ships alcoholic | ||||||
| 25 | liquor into this State without a license authorized by Section | ||||||
| 26 | 5-1 issued by the State Commission or in violation of that | ||||||
| |||||||
| |||||||
| 1 | license; or (ii) manufactures, imports for distribution, | ||||||
| 2 | transports from outside this State into this State for sale or | ||||||
| 3 | resale in this State, or distributes or sells alcoholic liquors | ||||||
| 4 | at any place without having first obtained a valid license to | ||||||
| 5 | do so is guilty of a Class 4 felony for each offense. | ||||||
| 6 | (b) (1) Any retailer, caterer retailer, brew pub, special | ||||||
| 7 | event retailer, special use permit holder, homebrewer special | ||||||
| 8 | event permit holder, or craft distiller tasting permit holder | ||||||
| 9 | who knowingly causes alcoholic liquors to be imported directly | ||||||
| 10 | into the State of Illinois from outside of the State for the | ||||||
| 11 | purpose of furnishing, giving, or selling to another, except | ||||||
| 12 | when having received the product from a duly licensed | ||||||
| 13 | distributor or importing distributor, shall have his license | ||||||
| 14 | suspended for 30 days for
the first offense and for the second | ||||||
| 15 | offense, shall have his license
revoked by the Commission.
| ||||||
| 16 | (2) In the event the State Commission receives a certified | ||||||
| 17 | copy of a final order
from a foreign jurisdiction that an | ||||||
| 18 | Illinois retail licensee has been found to
have violated that | ||||||
| 19 | foreign jurisdiction's laws, rules, or regulations
concerning | ||||||
| 20 | the importation of alcoholic liquor into that foreign | ||||||
| 21 | jurisdiction,
the violation may be grounds for the State | ||||||
| 22 | Commission to revoke, suspend, or refuse
to
issue or renew a | ||||||
| 23 | license, to impose a fine, or to take any additional action
| ||||||
| 24 | provided by this Act with respect to the Illinois retail | ||||||
| 25 | license or licensee.
Any such action on the part of the State | ||||||
| 26 | Commission shall be in accordance with this
Act and | ||||||
| |||||||
| |||||||
| 1 | implementing rules.
| ||||||
| 2 | For the purposes of paragraph (2): (i) "foreign | ||||||
| 3 | jurisdiction" means a
state, territory, or possession of the | ||||||
| 4 | United States, the District of Columbia,
or the Commonwealth of | ||||||
| 5 | Puerto Rico, and (ii) "final order" means an order or
judgment | ||||||
| 6 | of a court or administrative body that determines the rights of | ||||||
| 7 | the
parties respecting the subject matter of the proceeding, | ||||||
| 8 | that remains in full
force and effect, and from which no appeal | ||||||
| 9 | can be taken.
| ||||||
| 10 | (c) Any person who shall make any false statement or | ||||||
| 11 | otherwise
violates any of the provisions of this Act in | ||||||
| 12 | obtaining any license
hereunder, or who having obtained a | ||||||
| 13 | license hereunder shall violate any
of the provisions of this | ||||||
| 14 | Act with respect to the manufacture,
possession, distribution | ||||||
| 15 | or sale of alcoholic liquor, or with respect to
the maintenance | ||||||
| 16 | of the licensed premises, or shall violate any other
provision | ||||||
| 17 | of this Act, shall for a first offense be guilty of a petty
| ||||||
| 18 | offense and fined not more than $500, and for a second or | ||||||
| 19 | subsequent
offense shall be guilty of a Class B misdemeanor.
| ||||||
| 20 | (c-5) Any owner of an establishment that serves alcohol on | ||||||
| 21 | its premises, if more than 50% of the establishment's gross | ||||||
| 22 | receipts within the prior 3 months is from the sale of alcohol, | ||||||
| 23 | who knowingly fails to prohibit concealed firearms on its | ||||||
| 24 | premises or who knowingly makes a false statement or record to | ||||||
| 25 | avoid the prohibition of concealed firearms on its premises | ||||||
| 26 | under the Firearm Concealed Carry Act shall be guilty of a | ||||||
| |||||||
| |||||||
| 1 | business offense with a fine up to $5,000. | ||||||
| 2 | (d) Each day any person engages in business as a | ||||||
| 3 | manufacturer,
foreign importer, importing distributor, | ||||||
| 4 | distributor or retailer in
violation of the provisions of this | ||||||
| 5 | Act shall constitute a separate offense.
| ||||||
| 6 | (e) Any person, under the age of 21 years who, for the | ||||||
| 7 | purpose
of buying, accepting or receiving alcoholic liquor from | ||||||
| 8 | a
licensee, represents that he is 21 years of age or over shall | ||||||
| 9 | be guilty
of a Class A misdemeanor.
| ||||||
| 10 | (f) In addition to the penalties herein provided, any | ||||||
| 11 | person
licensed as a wine-maker in either class who | ||||||
| 12 | manufactures more wine than
authorized by his license shall be | ||||||
| 13 | guilty of a business offense and shall be
fined $1 for each | ||||||
| 14 | gallon so manufactured.
| ||||||
| 15 | (g) A person shall be exempt from prosecution for a | ||||||
| 16 | violation of this
Act if he is a peace officer in the | ||||||
| 17 | enforcement of the criminal laws and
such activity is approved | ||||||
| 18 | in writing by one of the following:
| ||||||
| 19 | (1) In all counties, the respective State's Attorney;
| ||||||
| 20 | (2) The Director of the Illinois State Police under
| ||||||
| 21 | Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75, | ||||||
| 22 | 2605-100, 2605-105, 2605-110,
2605-115, 2605-120, | ||||||
| 23 | 2605-130, 2605-140, 2605-190, 2605-200, 2605-205, | ||||||
| 24 | 2605-210,
2605-215, 2605-250, 2605-275, 2605-300, | ||||||
| 25 | 2605-305, 2605-315, 2605-325, 2605-335,
2605-340,
| ||||||
| 26 | 2605-350, 2605-355, 2605-360, 2605-365, 2605-375, | ||||||
| |||||||
| |||||||
| 1 | 2605-390, 2605-400, 2605-405,
2605-420,
2605-430, | ||||||
| 2 | 2605-435, 2605-500, 2605-525, or 2605-550 of the Illinois | ||||||
| 3 | Department of State Police Law (20 ILCS 2605/2605-10, | ||||||
| 4 | 2605/2605-15, 2605/2605-75,
2605/2605-100, 2605/2605-105, | ||||||
| 5 | 2605/2605-110, 2605/2605-115,
2605/2605-120, | ||||||
| 6 | 2605/2605-130, 2605/2605-140, 2605/2605-190, | ||||||
| 7 | 2605/2605-200,
2605/2605-205, 2605/2605-210, | ||||||
| 8 | 2605/2605-215, 2605/2605-250, 2605/2605-275,
| ||||||
| 9 | 2605/2605-300,
2605/2605-305, 2605/2605-315, | ||||||
| 10 | 2605/2605-325, 2605/2605-335, 2605/2605-340,
| ||||||
| 11 | 2605/2605-350, 2605/2605-355, 2605/2605-360,
| ||||||
| 12 | 2605/2605-365, 2605/2605-375, 2605/2605-390,
| ||||||
| 13 | 2605/2605-400, 2605/2605-405, 2605/2605-420, | ||||||
| 14 | 2605/2605-430, 2605/2605-435,
2605/2605-500, | ||||||
| 15 | 2605/2605-525, or 2605/2605-550); or
| ||||||
| 16 | (3) In cities over 1,000,000, the Superintendent of | ||||||
| 17 | Police.
| ||||||
| 18 | (Source: P.A. 101-37, eff. 7-3-19.)
| ||||||
| 19 | Section 735. The Illinois Public Aid Code is amended by | ||||||
| 20 | changing Sections 8A-7, 9A-11.5, 10-3.4, and 12-4.25 as | ||||||
| 21 | follows:
| ||||||
| 22 | (305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)
| ||||||
| 23 | Sec. 8A-7. Civil Remedies. (a) A person who receives | ||||||
| 24 | financial aid by
means of a false statement, willful | ||||||
| |||||||
| |||||||
| 1 | misrepresentation or by his failure
to notify the county | ||||||
| 2 | department or local governmental unit, as the case
may be, of a | ||||||
| 3 | change in his status as required by Sections 11-18 and 11-19,
| ||||||
| 4 | for the purpose of preventing the denial, cancellation or | ||||||
| 5 | suspension of
his grant, or a variation in the amount thereof, | ||||||
| 6 | or by other fraudulent
device, or a person who knowingly aids | ||||||
| 7 | or abets any person in obtaining
financial aid for which he is | ||||||
| 8 | not eligible, shall be answerable to the county
department or | ||||||
| 9 | the local governmental unit, as the case may be, for refunding
| ||||||
| 10 | the entire amount of aid received. If the refund is not made, | ||||||
| 11 | it shall be
recoverable in a civil action from the person who | ||||||
| 12 | received the aid, or from
anyone who willfully aided such | ||||||
| 13 | person to obtain the aid. If an act which
would be unlawful | ||||||
| 14 | under Section 8A-2 is proven, the court may as a penalty
assess | ||||||
| 15 | an additional sum of money, not to exceed the entire amount of | ||||||
| 16 | aid
provided, against the recipient or against any person who | ||||||
| 17 | willfully aided
the recipient. If assessed, the penalty shall | ||||||
| 18 | be included in any judgment
entered for the aid received, and | ||||||
| 19 | paid to the county department or the
local governmental unit, | ||||||
| 20 | as the case may be. Upon entry of the judgment a
lien shall | ||||||
| 21 | attach to all property and assets of such person until the
| ||||||
| 22 | judgment is satisfied.
| ||||||
| 23 | (b) Any person, firm, corporation, association, agency, | ||||||
| 24 | institution or
other legal entity, other than an individual | ||||||
| 25 | recipient, that willfully,
by means of a false statement or | ||||||
| 26 | representation, or by concealment of any
material fact or by | ||||||
| |||||||
| |||||||
| 1 | other fraudulent scheme or device on behalf of himself
or | ||||||
| 2 | others, obtains or attempts to obtain benefits or payments | ||||||
| 3 | under this
Code to which he or it is not entitled, or in a | ||||||
| 4 | greater amount than that
to which he or it is entitled, shall | ||||||
| 5 | be liable for repayment of any excess
benefits or payments | ||||||
| 6 | received and, in addition to any other penalties provided
by | ||||||
| 7 | law, civil penalties consisting of (1) the interest on the | ||||||
| 8 | amount of
excess benefits or payments at the maximum legal rate | ||||||
| 9 | in effect on the date
the payment was made to such person, | ||||||
| 10 | firm, corporation, association, agency,
institution or other | ||||||
| 11 | legal entity for the period from the date upon which
payment | ||||||
| 12 | was made to the date upon which repayment is made to the State,
| ||||||
| 13 | (2) an amount not to exceed 3 times the amount of such excess | ||||||
| 14 | benefits or
payments, and (3) the sum of $2,000 for each | ||||||
| 15 | excessive claim for benefits
or payments. Upon entry of a | ||||||
| 16 | judgment for repayment of any excess benefits
or payments, or | ||||||
| 17 | for any civil penalties assessed by the court, a lien shall
| ||||||
| 18 | attach to all property and assets of such person, firm, | ||||||
| 19 | corporation,
association, agency, institution or other legal | ||||||
| 20 | entity until the judgment is satisfied.
| ||||||
| 21 | (c) Civil recoveries provided for in this Section may be | ||||||
| 22 | recoverable in
court proceedings initiated by the Attorney | ||||||
| 23 | General or, in actions
involving a local governmental unit, by | ||||||
| 24 | the State's Attorney.
| ||||||
| 25 | (d) Any person who commits the offense of vendor fraud or | ||||||
| 26 | recipient
fraud as defined in Section 8A-2 and Section 8A-3 of | ||||||
| |||||||
| |||||||
| 1 | this Article shall
forfeit, according to the provisions
of this | ||||||
| 2 | subsection, any monies, profits or proceeds, and any interest | ||||||
| 3 | or
property which the sentencing court determines he has | ||||||
| 4 | acquired or maintained,
directly or indirectly, in whole or in | ||||||
| 5 | part as a result of such offense.
Such person shall also | ||||||
| 6 | forfeit any interest in, securities of, claim against,
or | ||||||
| 7 | contractual right of any kind which affords him a source of | ||||||
| 8 | influence
over, any enterprise which he has established, | ||||||
| 9 | operated, controlled, conducted,
or participated in | ||||||
| 10 | conducting, where his relationship to or connection with
any | ||||||
| 11 | such thing or activity directly or indirectly, in whole or in | ||||||
| 12 | part,
is traceable to any thing or benefit which he has | ||||||
| 13 | obtained or acquired through
vendor fraud or recipient fraud.
| ||||||
| 14 | Proceedings instituted pursuant to this subsection shall | ||||||
| 15 | be subject to
and conducted in accordance with the following | ||||||
| 16 | procedures:
| ||||||
| 17 | (1) The sentencing court shall, upon petition by the | ||||||
| 18 | Attorney General
or State's Attorney at any time following | ||||||
| 19 | sentencing, conduct a hearing
to determine whether any property | ||||||
| 20 | or property interest is subject to forfeiture
under this | ||||||
| 21 | subsection. At the forfeiture hearing the People shall have
the | ||||||
| 22 | burden of establishing, by a preponderance of the evidence, | ||||||
| 23 | that the
property or property interests are subject to such | ||||||
| 24 | forfeiture.
| ||||||
| 25 | (2) In any action brought by the People of the State of | ||||||
| 26 | Illinois under
this Section, in which any restraining order, | ||||||
| |||||||
| |||||||
| 1 | injunction or prohibition or
any other action in connection | ||||||
| 2 | with any property or interest subject to
forfeiture under this | ||||||
| 3 | subsection is sought, the circuit court presiding
over the | ||||||
| 4 | trial of the person charged with recipient fraud or
vendor | ||||||
| 5 | fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
| ||||||
| 6 | first determine whether there is probable cause to believe that | ||||||
| 7 | the person
so charged has committed the offense of recipient | ||||||
| 8 | fraud or
vendor fraud and whether the property or interest is | ||||||
| 9 | subject to forfeiture
under this subsection. To make such a | ||||||
| 10 | determination, prior to
entering any such order, the court | ||||||
| 11 | shall conduct a hearing without a jury,
at which the People | ||||||
| 12 | shall establish that there is (i) probable cause that
the | ||||||
| 13 | person so charged has committed the offense of recipient
fraud | ||||||
| 14 | or vendor fraud and (ii) probable cause that any property or | ||||||
| 15 | interest
may be subject to forfeiture pursuant to this | ||||||
| 16 | subsection. Such hearing may
be conducted simultaneously with a | ||||||
| 17 | preliminary hearing, if the prosecution
is commenced by | ||||||
| 18 | information or complaint, or by motion of the People at any
| ||||||
| 19 | stage in the proceedings. The court may accept a finding of | ||||||
| 20 | probable cause
at a preliminary hearing following the filing of | ||||||
| 21 | an information charging
the offense of recipient fraud or | ||||||
| 22 | vendor fraud as defined in Sections 8A-2
or 8A-3 or the return | ||||||
| 23 | of an indictment by a grand jury charging the offense
of | ||||||
| 24 | recipient fraud or vendor fraud as defined in Sections 8A-2 or | ||||||
| 25 | 8A-3 of
this Article as sufficient evidence of probable cause | ||||||
| 26 | as provided in item
(i) above. Upon such a finding, the circuit | ||||||
| |||||||
| |||||||
| 1 | court shall enter such
restraining order, injunction or | ||||||
| 2 | prohibition, or shall take such other
action in connection with | ||||||
| 3 | any such property or other interest subject to
forfeiture under | ||||||
| 4 | this Act as is necessary to insure that such property is
not | ||||||
| 5 | removed from the jurisdiction of the court, concealed, | ||||||
| 6 | destroyed or
otherwise disposed of by the owner of that | ||||||
| 7 | property or interest prior to a
forfeiture hearing under this | ||||||
| 8 | subsection. The Attorney General or State's
Attorney shall file | ||||||
| 9 | a certified copy of such restraining order, injunction
or other | ||||||
| 10 | prohibition with the recorder of deeds or registrar of titles | ||||||
| 11 | of
each county where any such property of the defendant may be | ||||||
| 12 | located. No
such injunction, restraining order or other | ||||||
| 13 | prohibition shall affect the
rights of any bonafide purchaser, | ||||||
| 14 | mortgagee, judgement creditor or other
lien holder arising | ||||||
| 15 | prior to the date of such filing. The court may, at
any time, | ||||||
| 16 | upon verified petition by the defendant, conduct a hearing to
| ||||||
| 17 | determine whether all or portions of any such property or | ||||||
| 18 | interest which
the court previously determined to be subject to | ||||||
| 19 | forfeiture
or subject to any restraining order, injunction, or | ||||||
| 20 | prohibition or other
action, should be released. The court may | ||||||
| 21 | in its discretion release such
property to the defendant for | ||||||
| 22 | good cause shown.
| ||||||
| 23 | (3) Upon conviction of a person under this Article, the | ||||||
| 24 | court shall
authorize the Director of the Illinois Department | ||||||
| 25 | of State Police to seize
all property or other interest | ||||||
| 26 | declared forfeited under this subsection upon
such terms and | ||||||
| |||||||
| |||||||
| 1 | conditions as the court shall deem proper.
| ||||||
| 2 | (4) The Director of the Illinois Department of State Police | ||||||
| 3 | is
authorized to sell all property forfeited and seized | ||||||
| 4 | pursuant to this
subsection, unless such property is
required | ||||||
| 5 | by law to be destroyed or is harmful to the public.
After the | ||||||
| 6 | deduction of all requisite expenses of administration and
sale, | ||||||
| 7 | the court shall order the Director to distribute to the | ||||||
| 8 | Illinois
Department an amount from the proceeds of the | ||||||
| 9 | forfeited property, or monies
forfeited or seized, which will | ||||||
| 10 | satisfy any unsatisfied court order of
restitution entered | ||||||
| 11 | pursuant to a conviction under this Article. If the
proceeds | ||||||
| 12 | are less than the amount necessary to satisfy the order of
| ||||||
| 13 | restitution, the Director shall distribute to the Illinois | ||||||
| 14 | Department the
entire amount of the remaining proceeds. The | ||||||
| 15 | Director shall distribute any
remaining proceeds of such sale, | ||||||
| 16 | along with any monies forfeited or seized,
in accordance with | ||||||
| 17 | the following schedules:
| ||||||
| 18 | (a) 25% shall be distributed to the unit of local | ||||||
| 19 | government whose
officers or employees conducted the | ||||||
| 20 | investigation into recipient fraud or
vendor fraud and caused | ||||||
| 21 | the arrest or arrests and prosecution leading to
the | ||||||
| 22 | forfeiture. Amounts distributed to units of local government | ||||||
| 23 | shall be
used solely for enforcement matters relating to | ||||||
| 24 | detection, investigation or
prosecution of recipient fraud or | ||||||
| 25 | vendor fraud as defined in Section 8A-2
or 8A-3 of this | ||||||
| 26 | Article. Where the investigation, arrest or arrests leading to
| ||||||
| |||||||
| |||||||
| 1 | the prosecution and forfeiture is undertaken solely by the | ||||||
| 2 | Illinois Department of State Police, the portion provided | ||||||
| 3 | hereunder shall be paid
into the Medicaid Fraud and Abuse | ||||||
| 4 | Prevention Fund, which is hereby created
in the State treasury. | ||||||
| 5 | Monies from this fund shall be used by the
Illinois Department | ||||||
| 6 | of State Police for the furtherance of enforcement matters
| ||||||
| 7 | relating to detection, investigation or prosecution of | ||||||
| 8 | recipient fraud or
vendor fraud. Monies directed to this fund | ||||||
| 9 | shall be used in addition to,
and not as a substitute for, | ||||||
| 10 | funds annually appropriated to the Illinois Department of State | ||||||
| 11 | Police for medicaid fraud enforcement.
| ||||||
| 12 | (b) 25% shall be distributed to the county in which the | ||||||
| 13 | prosecution and
petition for forfeiture resulting in the | ||||||
| 14 | forfeiture was instituted,
and deposited in a special fund in | ||||||
| 15 | the county treasury
and appropriated to the State's Attorney | ||||||
| 16 | for use solely in enforcement
matters relating to detection, | ||||||
| 17 | investigation or prosecution of recipient
fraud or vendor | ||||||
| 18 | fraud; however, if the Attorney General brought the
prosecution | ||||||
| 19 | resulting in the forfeiture, the portion provided hereunder
| ||||||
| 20 | shall be paid into the Medicaid Fraud and Abuse Prevention | ||||||
| 21 | Fund, to be used
by the Medicaid Fraud Control Unit of the | ||||||
| 22 | Illinois Department of State Police
for enforcement matters | ||||||
| 23 | relating to detection, investigation or prosecution
of | ||||||
| 24 | recipient fraud or vendor fraud. Where the Attorney General and | ||||||
| 25 | a
State's Attorney have jointly participated in any portion of | ||||||
| 26 | the
proceedings, 12.5% shall be distributed to the county in | ||||||
| |||||||
| |||||||
| 1 | which the
prosecution resulting in the forfeiture was | ||||||
| 2 | instituted, and used as
specified herein, and 12.5% shall be | ||||||
| 3 | paid into the Medicaid Fraud and Abuse
Prevention Fund, and | ||||||
| 4 | used as specified herein.
| ||||||
| 5 | (c) 50% shall be transmitted to the State Treasurer for | ||||||
| 6 | deposit in the
General Revenue Fund.
| ||||||
| 7 | (Source: P.A. 85-707.)
| ||||||
| 8 | (305 ILCS 5/9A-11.5)
| ||||||
| 9 | Sec. 9A-11.5. Investigate child care providers. | ||||||
| 10 | (a) Any child care provider receiving funds from the child | ||||||
| 11 | care assistance program
under this Code who is not required to | ||||||
| 12 | be licensed under the Child Care Act of
1969 shall, as a | ||||||
| 13 | condition of eligibility to participate in the child care
| ||||||
| 14 | assistance program under this Code, authorize in writing on a | ||||||
| 15 | form prescribed
by the Department of Children and Family | ||||||
| 16 | Services, periodic investigations of the
Central Register, as | ||||||
| 17 | defined in the Abused and Neglected Child Reporting Act,
to | ||||||
| 18 | ascertain if the child care provider has been determined to be | ||||||
| 19 | a perpetrator
in an indicated report of child abuse or neglect. | ||||||
| 20 | The Department of Children and Family Services shall conduct an | ||||||
| 21 | investigation
of the Central Register at the request of the | ||||||
| 22 | Department. | ||||||
| 23 | (b) Any child care provider, other than a relative of the | ||||||
| 24 | child, receiving funds from the child care assistance program | ||||||
| 25 | under this Code who is not required to be licensed under the | ||||||
| |||||||
| |||||||
| 1 | Child Care Act of 1969 shall, as a condition of eligibility to | ||||||
| 2 | participate in the child care assistance program under this | ||||||
| 3 | Code, authorize in writing a State and Federal Bureau of | ||||||
| 4 | Investigation fingerprint-based criminal history record check | ||||||
| 5 | to determine if the child care provider has ever been convicted | ||||||
| 6 | of a crime with respect to which the conviction has not been | ||||||
| 7 | overturned and the criminal records have not been sealed or | ||||||
| 8 | expunged. Upon this authorization, the Department shall | ||||||
| 9 | request and receive information and assistance from any federal | ||||||
| 10 | or State governmental agency as part of the authorized criminal | ||||||
| 11 | history record check. The Illinois Department of State Police | ||||||
| 12 | shall provide information concerning any conviction that has | ||||||
| 13 | not been overturned and with respect to which the criminal | ||||||
| 14 | records have not been sealed or expunged, whether the | ||||||
| 15 | conviction occurred before or on or after the effective date of | ||||||
| 16 | this amendatory Act of the 96th General Assembly, of a child | ||||||
| 17 | care provider upon the request of the Department when the | ||||||
| 18 | request is made in the form and manner required by the Illinois | ||||||
| 19 | Department of State Police. The Illinois Department of State | ||||||
| 20 | Police shall charge a fee not to exceed the cost of processing | ||||||
| 21 | the criminal history record check. The fee is to be deposited | ||||||
| 22 | into the State Police Services Fund. Any information concerning | ||||||
| 23 | convictions that have not been overturned and with respect to | ||||||
| 24 | which the criminal records have not been sealed or expunged | ||||||
| 25 | obtained by the Department is confidential and may not be | ||||||
| 26 | transmitted (i) outside the Department except as required in | ||||||
| |||||||
| |||||||
| 1 | this Section or (ii) to anyone within the Department except as | ||||||
| 2 | needed for the purposes of determining participation in the | ||||||
| 3 | child care assistance program. A copy of the criminal history | ||||||
| 4 | record check obtained from the Illinois Department of State | ||||||
| 5 | Police shall be provided to the unlicensed child care provider. | ||||||
| 6 | (c) The Department shall
by rule set standards for | ||||||
| 7 | determining when to disqualify an unlicensed child care | ||||||
| 8 | provider for payment because (i) there is an indicated finding | ||||||
| 9 | against the provider based on the results of the Central | ||||||
| 10 | Register search or (ii) there is a disqualifying criminal | ||||||
| 11 | charge pending against the provider or the provider has a | ||||||
| 12 | disqualifying criminal conviction that has not been overturned | ||||||
| 13 | and with respect to which the criminal records have not been | ||||||
| 14 | expunged or sealed based on the results of the | ||||||
| 15 | fingerprint-based Illinois Department of State Police and | ||||||
| 16 | Federal Bureau of Investigation criminal history record check. | ||||||
| 17 | In determining whether to disqualify an unlicensed child care | ||||||
| 18 | provider for payment under this subsection, the Department | ||||||
| 19 | shall consider the nature and gravity of any offense or | ||||||
| 20 | offenses; the time that has passed since the offense or | ||||||
| 21 | offenses or the completion of the criminal sentence or both; | ||||||
| 22 | and the relationship of the offense or offenses to the | ||||||
| 23 | responsibilities of the child care provider.
| ||||||
| 24 | (Source: P.A. 96-632, eff. 8-24-09.)
| ||||||
| 25 | (305 ILCS 5/10-3.4)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 10-3.4. Obtaining location information.
| ||||||
| 2 | (a) The Illinois Department shall enter into agreements | ||||||
| 3 | with the Illinois Department of State Police and the Secretary | ||||||
| 4 | of State to obtain location information on
persons for the | ||||||
| 5 | purpose of establishing paternity, and establishing, | ||||||
| 6 | modifying,
and enforcing child support obligations.
| ||||||
| 7 | (b) Upon request, the Illinois Department shall provide | ||||||
| 8 | information obtained
pursuant to this Section to federal | ||||||
| 9 | agencies and other states' agencies
conducting child support | ||||||
| 10 | enforcement activities under Title IV, Part D of the
Social | ||||||
| 11 | Security Act.
| ||||||
| 12 | (Source: P.A. 90-18, eff. 7-1-97.)
| ||||||
| 13 | (305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
| ||||||
| 14 | Sec. 12-4.25. Medical assistance program; vendor | ||||||
| 15 | participation.
| ||||||
| 16 | (A) The Illinois Department may deny, suspend, or
terminate | ||||||
| 17 | the eligibility of any person, firm, corporation, association,
| ||||||
| 18 | agency, institution or other legal entity to participate as a | ||||||
| 19 | vendor of
goods or services to recipients under the medical | ||||||
| 20 | assistance program
under Article V, or may exclude any such
| ||||||
| 21 | person or entity from participation as such a vendor, and may
| ||||||
| 22 | deny, suspend, or recover payments, if after reasonable notice | ||||||
| 23 | and opportunity for a
hearing the Illinois Department finds:
| ||||||
| 24 | (a) Such vendor is not complying with the Department's | ||||||
| 25 | policy or
rules and regulations, or with the terms and | ||||||
| |||||||
| |||||||
| 1 | conditions prescribed by
the Illinois Department in its | ||||||
| 2 | vendor agreement, which document shall be
developed by the | ||||||
| 3 | Department as a result of negotiations with each vendor
| ||||||
| 4 | category, including physicians, hospitals, long term care | ||||||
| 5 | facilities,
pharmacists, optometrists, podiatric | ||||||
| 6 | physicians, and dentists setting forth the
terms and | ||||||
| 7 | conditions applicable to the participation of each vendor
| ||||||
| 8 | group in the program; or
| ||||||
| 9 | (b) Such vendor has failed to keep or make available | ||||||
| 10 | for inspection,
audit or copying, after receiving a written | ||||||
| 11 | request from the Illinois
Department, such records | ||||||
| 12 | regarding payments claimed for providing
services. This | ||||||
| 13 | section does not require vendors to make available
patient | ||||||
| 14 | records of patients for whom services are not reimbursed | ||||||
| 15 | under
this Code; or
| ||||||
| 16 | (c) Such vendor has failed to furnish any information | ||||||
| 17 | requested by
the Department regarding payments for | ||||||
| 18 | providing goods or services; or
| ||||||
| 19 | (d) Such vendor has knowingly made, or caused to be | ||||||
| 20 | made, any false
statement or representation of a material | ||||||
| 21 | fact in connection with the
administration of the medical | ||||||
| 22 | assistance program; or
| ||||||
| 23 | (e) Such vendor has furnished goods or services to a | ||||||
| 24 | recipient which
are (1) in excess of need, (2) harmful, or
| ||||||
| 25 | (3) of grossly inferior quality, all of such determinations | ||||||
| 26 | to be based
upon competent medical judgment and | ||||||
| |||||||
| |||||||
| 1 | evaluations; or
| ||||||
| 2 | (f) The vendor; a person with management | ||||||
| 3 | responsibility for a
vendor; an officer or person owning, | ||||||
| 4 | either directly or indirectly, 5%
or more of the shares of | ||||||
| 5 | stock or other evidences of ownership in a
corporate | ||||||
| 6 | vendor; an owner of a sole proprietorship which is a | ||||||
| 7 | vendor;
or a partner in a partnership which is a vendor, | ||||||
| 8 | either:
| ||||||
| 9 | (1) was previously terminated, suspended, or | ||||||
| 10 | excluded from participation in the Illinois
medical | ||||||
| 11 | assistance program, or was terminated, suspended, or | ||||||
| 12 | excluded from participation in another state or | ||||||
| 13 | federal medical assistance or health care program; or
| ||||||
| 14 | (2) was a person with management responsibility | ||||||
| 15 | for a vendor
previously terminated, suspended, or | ||||||
| 16 | excluded from participation in the Illinois medical | ||||||
| 17 | assistance
program, or terminated, suspended, or | ||||||
| 18 | excluded from participation in another state or | ||||||
| 19 | federal medical assistance or health care program
| ||||||
| 20 | during the time of conduct which was the basis for
that | ||||||
| 21 | vendor's termination, suspension, or exclusion; or
| ||||||
| 22 | (3) was an officer, or person owning, either | ||||||
| 23 | directly or indirectly,
5% or more of the shares of | ||||||
| 24 | stock or other evidences of ownership in a corporate or | ||||||
| 25 | limited liability company vendor
previously | ||||||
| 26 | terminated, suspended, or excluded from participation | ||||||
| |||||||
| |||||||
| 1 | in the Illinois medical assistance
program, or | ||||||
| 2 | terminated, suspended, or excluded from participation | ||||||
| 3 | in a state or federal medical assistance or health care | ||||||
| 4 | program
during the time of conduct which
was the basis | ||||||
| 5 | for that vendor's termination, suspension, or | ||||||
| 6 | exclusion; or
| ||||||
| 7 | (4) was an owner of a sole proprietorship or | ||||||
| 8 | partner of a
partnership previously terminated, | ||||||
| 9 | suspended, or excluded
from participation in the | ||||||
| 10 | Illinois medical assistance program, or terminated, | ||||||
| 11 | suspended, or excluded from participation in a state or | ||||||
| 12 | federal medical assistance or health care program
| ||||||
| 13 | during the time of conduct
which was the basis for that | ||||||
| 14 | vendor's termination, suspension, or exclusion; or
| ||||||
| 15 | (f-1) Such vendor has a delinquent debt owed to the | ||||||
| 16 | Illinois Department; or
| ||||||
| 17 | (g) The vendor; a person with management | ||||||
| 18 | responsibility for a
vendor; an officer or person owning, | ||||||
| 19 | either directly or indirectly, 5%
or more of the shares of | ||||||
| 20 | stock or other evidences of ownership in a
corporate or
| ||||||
| 21 | limited liability company vendor; an owner of a sole | ||||||
| 22 | proprietorship which is a vendor;
or a partner in a | ||||||
| 23 | partnership which is a vendor, either:
| ||||||
| 24 | (1) has engaged in practices prohibited by | ||||||
| 25 | applicable federal or
State law or regulation; or
| ||||||
| 26 | (2) was a person with management responsibility | ||||||
| |||||||
| |||||||
| 1 | for a vendor at the
time that such vendor engaged in | ||||||
| 2 | practices prohibited by applicable
federal or State | ||||||
| 3 | law or regulation; or
| ||||||
| 4 | (3) was an officer, or person owning, either | ||||||
| 5 | directly or indirectly,
5% or more of the shares of | ||||||
| 6 | stock or other evidences of ownership in a
vendor at | ||||||
| 7 | the time such vendor engaged in practices prohibited by
| ||||||
| 8 | applicable federal or State law or regulation; or
| ||||||
| 9 | (4) was an owner of a sole proprietorship or | ||||||
| 10 | partner of a
partnership which was a vendor at the time | ||||||
| 11 | such vendor engaged in
practices prohibited by | ||||||
| 12 | applicable federal or State law or regulation; or
| ||||||
| 13 | (h) The direct or indirect ownership of the vendor | ||||||
| 14 | (including the
ownership of a vendor that is a sole | ||||||
| 15 | proprietorship, a partner's interest in a
vendor that is a | ||||||
| 16 | partnership, or ownership of 5% or more of the shares of | ||||||
| 17 | stock
or other
evidences of ownership in a corporate | ||||||
| 18 | vendor) has been transferred by an
individual who is | ||||||
| 19 | terminated, suspended, or excluded or barred from | ||||||
| 20 | participating as a vendor to the
individual's spouse, | ||||||
| 21 | child, brother, sister, parent, grandparent, grandchild,
| ||||||
| 22 | uncle, aunt, niece, nephew, cousin, or relative by | ||||||
| 23 | marriage.
| ||||||
| 24 | (A-5) The Illinois Department may deny, suspend, or | ||||||
| 25 | terminate the
eligibility
of any person, firm, corporation, | ||||||
| 26 | association, agency, institution, or other
legal entity to | ||||||
| |||||||
| |||||||
| 1 | participate as a vendor of goods or services to recipients
| ||||||
| 2 | under the medical assistance program under Article V, or may
| ||||||
| 3 | exclude any such person or entity from participation as such a
| ||||||
| 4 | vendor, if, after reasonable
notice and opportunity for a | ||||||
| 5 | hearing, the Illinois Department finds that the
vendor; a | ||||||
| 6 | person with management responsibility for a vendor; an officer | ||||||
| 7 | or
person owning, either directly or indirectly, 5% or more of | ||||||
| 8 | the shares of stock
or other evidences of ownership in a | ||||||
| 9 | corporate vendor; an owner of a sole
proprietorship that is a | ||||||
| 10 | vendor; or a partner in a partnership that is a vendor
has been | ||||||
| 11 | convicted of an offense based on fraud or willful
| ||||||
| 12 | misrepresentation related to any of
the following:
| ||||||
| 13 | (1) The medical assistance program under Article V of | ||||||
| 14 | this Code.
| ||||||
| 15 | (2) A medical assistance or health care program in | ||||||
| 16 | another state.
| ||||||
| 17 | (3) The Medicare program under Title XVIII of the | ||||||
| 18 | Social Security Act.
| ||||||
| 19 | (4) The provision of health care services.
| ||||||
| 20 | (5) A violation of this Code, as provided in Article | ||||||
| 21 | VIIIA, or another state or federal medical assistance | ||||||
| 22 | program or health care program. | ||||||
| 23 | (A-10) The Illinois Department may deny, suspend, or | ||||||
| 24 | terminate the eligibility of any person, firm, corporation, | ||||||
| 25 | association, agency, institution, or other legal entity to | ||||||
| 26 | participate as a vendor of goods or services to recipients | ||||||
| |||||||
| |||||||
| 1 | under the medical assistance program under Article V, or may
| ||||||
| 2 | exclude any such person or entity from participation as such a
| ||||||
| 3 | vendor, if, after reasonable notice and opportunity for a | ||||||
| 4 | hearing, the Illinois Department finds that (i) the vendor, | ||||||
| 5 | (ii) a person with management responsibility for a vendor, | ||||||
| 6 | (iii) an officer or person owning, either directly or | ||||||
| 7 | indirectly, 5% or more of the shares of stock or other | ||||||
| 8 | evidences of ownership in a corporate vendor, (iv) an owner of | ||||||
| 9 | a sole proprietorship that is a vendor, or (v) a partner in a | ||||||
| 10 | partnership that is a vendor has been convicted of an offense | ||||||
| 11 | related to any of the following:
| ||||||
| 12 | (1) Murder.
| ||||||
| 13 | (2) A Class X felony under the Criminal Code of 1961 or | ||||||
| 14 | the Criminal Code of 2012.
| ||||||
| 15 | (3) Sexual misconduct that may subject recipients to an | ||||||
| 16 | undue risk of harm. | ||||||
| 17 | (4) A criminal offense that may subject recipients to | ||||||
| 18 | an undue risk of harm. | ||||||
| 19 | (5) A crime of fraud or dishonesty. | ||||||
| 20 | (6) A crime involving a controlled substance. | ||||||
| 21 | (7) A misdemeanor relating to fraud, theft, | ||||||
| 22 | embezzlement, breach of fiduciary responsibility, or other | ||||||
| 23 | financial misconduct related to a health care program. | ||||||
| 24 | (A-15) The Illinois Department may deny the eligibility of | ||||||
| 25 | any person, firm, corporation, association, agency, | ||||||
| 26 | institution, or other legal entity to participate as a vendor | ||||||
| |||||||
| |||||||
| 1 | of goods or services to recipients under the medical assistance | ||||||
| 2 | program under Article V if, after reasonable notice and | ||||||
| 3 | opportunity for a hearing, the Illinois Department finds: | ||||||
| 4 | (1) The applicant or any person with management | ||||||
| 5 | responsibility for the applicant; an officer or member of | ||||||
| 6 | the board of directors of an applicant; an entity owning | ||||||
| 7 | (directly or indirectly) 5% or more of the shares of stock | ||||||
| 8 | or other evidences of ownership in a corporate vendor | ||||||
| 9 | applicant; an owner of a sole proprietorship applicant; a | ||||||
| 10 | partner in a partnership applicant; or a technical or other | ||||||
| 11 | advisor to an applicant has a debt owed to the Illinois | ||||||
| 12 | Department, and no payment arrangements acceptable to the | ||||||
| 13 | Illinois Department have been made by the applicant. | ||||||
| 14 | (2) The applicant or any person with management | ||||||
| 15 | responsibility for the applicant; an officer or member of | ||||||
| 16 | the board of directors of an applicant; an entity owning | ||||||
| 17 | (directly or indirectly) 5% or more of the shares of stock | ||||||
| 18 | or other evidences of ownership in a corporate vendor | ||||||
| 19 | applicant; an owner of a sole proprietorship applicant; a | ||||||
| 20 | partner in a partnership vendor applicant; or a technical | ||||||
| 21 | or other advisor to an applicant was (i) a person with | ||||||
| 22 | management responsibility, (ii) an officer or member of the | ||||||
| 23 | board of directors of an applicant, (iii) an entity owning | ||||||
| 24 | (directly or indirectly) 5% or more of the shares of stock | ||||||
| 25 | or other evidences of ownership in a corporate vendor, (iv) | ||||||
| 26 | an owner of a sole proprietorship, (v) a partner in a | ||||||
| |||||||
| |||||||
| 1 | partnership vendor, (vi) a technical or other advisor to a | ||||||
| 2 | vendor, during a period of time where the conduct of that | ||||||
| 3 | vendor resulted in a debt owed to the Illinois Department, | ||||||
| 4 | and no payment arrangements acceptable to the Illinois | ||||||
| 5 | Department have been made by that vendor. | ||||||
| 6 | (3) There is a credible allegation of the use, | ||||||
| 7 | transfer, or lease of assets of any kind to an applicant | ||||||
| 8 | from a current or prior vendor who has a debt owed to the | ||||||
| 9 | Illinois Department, no payment arrangements acceptable to | ||||||
| 10 | the Illinois Department have been made by that vendor or | ||||||
| 11 | the vendor's alternate payee, and the applicant knows or | ||||||
| 12 | should have known of such debt. | ||||||
| 13 | (4) There is a credible allegation of a transfer of | ||||||
| 14 | management responsibilities, or direct or indirect | ||||||
| 15 | ownership, to an applicant from a current or prior vendor | ||||||
| 16 | who has a debt owed to the Illinois Department, and no | ||||||
| 17 | payment arrangements acceptable to the Illinois Department | ||||||
| 18 | have been made by that vendor or the vendor's alternate | ||||||
| 19 | payee, and the applicant knows or should have known of such | ||||||
| 20 | debt. | ||||||
| 21 | (5) There is a credible allegation of the use, | ||||||
| 22 | transfer, or lease of assets of any kind to an applicant | ||||||
| 23 | who is a spouse, child, brother, sister, parent, | ||||||
| 24 | grandparent, grandchild, uncle, aunt, niece, relative by | ||||||
| 25 | marriage, nephew, cousin, or relative of a current or prior | ||||||
| 26 | vendor who has a debt owed to the Illinois Department and | ||||||
| |||||||
| |||||||
| 1 | no payment arrangements acceptable to the Illinois | ||||||
| 2 | Department have been made. | ||||||
| 3 | (6) There is a credible allegation that the applicant's | ||||||
| 4 | previous affiliations with a provider of medical services | ||||||
| 5 | that has an uncollected debt, a provider that has been or | ||||||
| 6 | is subject to a payment suspension under a federal health | ||||||
| 7 | care program, or a provider that has been previously | ||||||
| 8 | excluded from participation in the medical assistance | ||||||
| 9 | program, poses a risk of fraud, waste, or abuse to the | ||||||
| 10 | Illinois Department. | ||||||
| 11 | As used in this subsection, "credible allegation" is | ||||||
| 12 | defined to include an allegation from any source, including, | ||||||
| 13 | but not limited to, fraud hotline complaints, claims data | ||||||
| 14 | mining, patterns identified through provider audits, civil | ||||||
| 15 | actions filed under the Illinois False Claims Act, and law | ||||||
| 16 | enforcement investigations. An allegation is considered to be | ||||||
| 17 | credible when it has indicia of reliability. | ||||||
| 18 | (B) The Illinois Department shall deny, suspend or | ||||||
| 19 | terminate the
eligibility of any person, firm, corporation, | ||||||
| 20 | association, agency,
institution or other legal entity to | ||||||
| 21 | participate as a vendor of goods or
services to recipients | ||||||
| 22 | under the medical assistance program under
Article V, or may
| ||||||
| 23 | exclude any such person or entity from participation as such a
| ||||||
| 24 | vendor:
| ||||||
| 25 | (1) immediately, if such vendor is not properly | ||||||
| 26 | licensed, certified, or authorized;
| ||||||
| |||||||
| |||||||
| 1 | (2) within 30 days of the date when such vendor's | ||||||
| 2 | professional
license, certification or other authorization | ||||||
| 3 | has been refused renewal, restricted,
revoked, suspended, | ||||||
| 4 | or otherwise terminated; or
| ||||||
| 5 | (3) if such vendor has been convicted of a violation of | ||||||
| 6 | this Code, as
provided in Article VIIIA.
| ||||||
| 7 | (C) Upon termination, suspension, or exclusion of a vendor | ||||||
| 8 | of goods or services from
participation in the medical | ||||||
| 9 | assistance program authorized by this
Article, a person with | ||||||
| 10 | management responsibility for such vendor during
the time of | ||||||
| 11 | any conduct which served as the basis for that vendor's
| ||||||
| 12 | termination, suspension, or exclusion is barred from | ||||||
| 13 | participation in the medical assistance
program.
| ||||||
| 14 | Upon termination, suspension, or exclusion of a corporate | ||||||
| 15 | vendor, the officers and persons
owning, directly or | ||||||
| 16 | indirectly, 5% or more of the shares of stock or
other | ||||||
| 17 | evidences of ownership in the vendor during the time of any
| ||||||
| 18 | conduct which served as the basis for that vendor's | ||||||
| 19 | termination, suspension, or exclusion are
barred from | ||||||
| 20 | participation in the medical assistance program. A person who
| ||||||
| 21 | owns, directly or indirectly, 5% or more of the shares of stock | ||||||
| 22 | or other
evidences of ownership in a terminated, suspended, or | ||||||
| 23 | excluded vendor may not transfer his or
her ownership interest | ||||||
| 24 | in that vendor to his or her spouse, child, brother,
sister, | ||||||
| 25 | parent, grandparent, grandchild, uncle, aunt, niece, nephew, | ||||||
| 26 | cousin, or
relative by marriage.
| ||||||
| |||||||
| |||||||
| 1 | Upon termination, suspension, or exclusion of a sole | ||||||
| 2 | proprietorship or partnership, the owner
or partners during the | ||||||
| 3 | time of any conduct which served as the basis for
that vendor's | ||||||
| 4 | termination, suspension, or exclusion are barred from | ||||||
| 5 | participation in the medical
assistance program. The owner of a | ||||||
| 6 | terminated, suspended, or excluded vendor that is a sole
| ||||||
| 7 | proprietorship, and a partner in a terminated, suspended, or | ||||||
| 8 | excluded vendor that is a partnership, may
not transfer his or | ||||||
| 9 | her ownership or partnership interest in that vendor to his
or | ||||||
| 10 | her spouse, child, brother, sister, parent, grandparent, | ||||||
| 11 | grandchild, uncle,
aunt, niece, nephew, cousin, or relative by | ||||||
| 12 | marriage.
| ||||||
| 13 | A person who owns, directly or indirectly, 5% or more of | ||||||
| 14 | the shares of stock or other evidences of ownership in a | ||||||
| 15 | corporate or limited liability company vendor who owes a debt | ||||||
| 16 | to the Department, if that vendor has not made payment | ||||||
| 17 | arrangements acceptable to the Department, shall not transfer | ||||||
| 18 | his or her ownership interest in that vendor, or vendor assets | ||||||
| 19 | of any kind, to his or her spouse, child, brother, sister, | ||||||
| 20 | parent, grandparent, grandchild, uncle, aunt, niece, nephew, | ||||||
| 21 | cousin, or relative by marriage. | ||||||
| 22 | Rules adopted by the Illinois Department to implement these
| ||||||
| 23 | provisions shall specifically include a definition of the term
| ||||||
| 24 | "management responsibility" as used in this Section. Such | ||||||
| 25 | definition
shall include, but not be limited to, typical job | ||||||
| 26 | titles, and duties and
descriptions which will be considered as | ||||||
| |||||||
| |||||||
| 1 | within the definition of
individuals with management | ||||||
| 2 | responsibility for a provider.
| ||||||
| 3 | A vendor or a prior vendor who has been terminated, | ||||||
| 4 | excluded, or suspended from the medical assistance program, or | ||||||
| 5 | from another state or federal medical assistance or health care | ||||||
| 6 | program, and any individual currently or previously barred from | ||||||
| 7 | the medical assistance program, or from another state or | ||||||
| 8 | federal medical assistance or health care program, as a result | ||||||
| 9 | of being an officer or a person owning, directly or indirectly, | ||||||
| 10 | 5% or more of the shares of stock or other evidences of | ||||||
| 11 | ownership in a corporate or limited liability company vendor | ||||||
| 12 | during the time of any conduct which served as the basis for | ||||||
| 13 | that vendor's termination, suspension, or exclusion, may be | ||||||
| 14 | required to post a surety bond as part of a condition of | ||||||
| 15 | enrollment or participation in the medical assistance program. | ||||||
| 16 | The Illinois Department shall establish, by rule, the criteria | ||||||
| 17 | and requirements for determining when a surety bond must be | ||||||
| 18 | posted and the value of the bond. | ||||||
| 19 | A vendor or a prior vendor who has a debt owed to the | ||||||
| 20 | Illinois Department and any individual currently or previously | ||||||
| 21 | barred from the medical assistance program, or from another | ||||||
| 22 | state or federal medical assistance or health care program, as | ||||||
| 23 | a result of being an officer or a person owning, directly or | ||||||
| 24 | indirectly, 5% or more of the shares of stock or other | ||||||
| 25 | evidences of ownership in that corporate or limited liability | ||||||
| 26 | company vendor during the time of any conduct which served as | ||||||
| |||||||
| |||||||
| 1 | the basis for the debt, may be required to post a surety bond | ||||||
| 2 | as part of a condition of enrollment or participation in the | ||||||
| 3 | medical assistance program. The Illinois Department shall | ||||||
| 4 | establish, by rule, the criteria and requirements for | ||||||
| 5 | determining when a surety bond must be posted and the value of | ||||||
| 6 | the bond. | ||||||
| 7 | (D) If a vendor has been suspended from the medical | ||||||
| 8 | assistance
program under Article V of the Code, the Director | ||||||
| 9 | may require that such
vendor correct any deficiencies which | ||||||
| 10 | served as the basis for the
suspension. The Director shall | ||||||
| 11 | specify in the suspension order a specific
period of time, | ||||||
| 12 | which shall not exceed one year from the date of the
order, | ||||||
| 13 | during which a suspended vendor shall not be eligible to
| ||||||
| 14 | participate. At the conclusion of the period of suspension the | ||||||
| 15 | Director
shall reinstate such vendor, unless he finds that such | ||||||
| 16 | vendor has not
corrected deficiencies upon which the suspension | ||||||
| 17 | was based.
| ||||||
| 18 | If a vendor has been terminated, suspended, or excluded | ||||||
| 19 | from the medical assistance program
under Article V, such | ||||||
| 20 | vendor shall be barred from participation for at
least one | ||||||
| 21 | year, except that if a vendor has been terminated, suspended, | ||||||
| 22 | or excluded based on a
conviction of a
violation of Article | ||||||
| 23 | VIIIA or a conviction of a felony based on fraud or a
willful | ||||||
| 24 | misrepresentation related to (i) the medical assistance | ||||||
| 25 | program under
Article V, (ii) a federal or another state's | ||||||
| 26 | medical assistance or health care program, or (iii) the | ||||||
| |||||||
| |||||||
| 1 | provision of health care services, then
the vendor shall be | ||||||
| 2 | barred from participation for 5 years or for the length of
the | ||||||
| 3 | vendor's sentence for that conviction, whichever is longer. At | ||||||
| 4 | the end of
one year a vendor who has been terminated, | ||||||
| 5 | suspended, or excluded
may apply for reinstatement to the | ||||||
| 6 | program. Upon proper application to
be reinstated such vendor | ||||||
| 7 | may be deemed eligible by the Director
providing that such | ||||||
| 8 | vendor meets the requirements for eligibility under
this Code. | ||||||
| 9 | If such vendor is deemed not eligible for
reinstatement, he
| ||||||
| 10 | shall be barred from again applying for reinstatement for one | ||||||
| 11 | year from the
date his application for reinstatement is denied.
| ||||||
| 12 | A vendor whose termination, suspension, or exclusion from | ||||||
| 13 | participation in the Illinois medical
assistance program under | ||||||
| 14 | Article V was based solely on an action by a
governmental | ||||||
| 15 | entity other than the Illinois Department may, upon | ||||||
| 16 | reinstatement
by that governmental entity or upon reversal of | ||||||
| 17 | the termination, suspension, or exclusion, apply for
| ||||||
| 18 | rescission of the termination, suspension, or exclusion from | ||||||
| 19 | participation in the Illinois medical
assistance program. Upon | ||||||
| 20 | proper application for rescission, the vendor may be
deemed | ||||||
| 21 | eligible by the Director if the vendor meets the requirements | ||||||
| 22 | for
eligibility under this Code.
| ||||||
| 23 | If a vendor has been terminated, suspended, or excluded and | ||||||
| 24 | reinstated to the medical assistance
program under Article V | ||||||
| 25 | and the vendor is terminated, suspended, or excluded a second | ||||||
| 26 | or subsequent
time from the medical assistance program, the | ||||||
| |||||||
| |||||||
| 1 | vendor shall be barred from
participation for at least 2 years, | ||||||
| 2 | except that if a vendor has been
terminated, suspended, or | ||||||
| 3 | excluded a second time based on a
conviction of a violation of | ||||||
| 4 | Article VIIIA or a conviction of a felony based on
fraud or a | ||||||
| 5 | willful misrepresentation related to (i) the medical | ||||||
| 6 | assistance
program under Article V, (ii) a federal or another | ||||||
| 7 | state's medical assistance or health care program, or (iii) the | ||||||
| 8 | provision of health care
services, then the vendor shall be | ||||||
| 9 | barred from participation for life. At
the end of 2 years, a | ||||||
| 10 | vendor who has
been terminated, suspended, or excluded may | ||||||
| 11 | apply for reinstatement to the program. Upon application
to be | ||||||
| 12 | reinstated, the vendor may be deemed eligible if the vendor | ||||||
| 13 | meets the
requirements for eligibility under this Code. If the | ||||||
| 14 | vendor is deemed not
eligible for reinstatement, the vendor | ||||||
| 15 | shall be barred from again applying for
reinstatement for 2 | ||||||
| 16 | years from the date the vendor's application for
reinstatement | ||||||
| 17 | is denied.
| ||||||
| 18 | (E) The Illinois Department may recover money improperly or
| ||||||
| 19 | erroneously paid, or overpayments, either by setoff, crediting | ||||||
| 20 | against
future billings or by requiring direct repayment to the | ||||||
| 21 | Illinois
Department. The Illinois Department may suspend or | ||||||
| 22 | deny payment, in whole or in part, if such payment would be | ||||||
| 23 | improper or erroneous or would otherwise result in overpayment. | ||||||
| 24 | (1) Payments may be suspended, denied, or recovered | ||||||
| 25 | from a vendor or alternate payee: (i) for services rendered | ||||||
| 26 | in violation of the Illinois Department's provider | ||||||
| |||||||
| |||||||
| 1 | notices, statutes, rules, and regulations; (ii) for | ||||||
| 2 | services rendered in violation of the terms and conditions | ||||||
| 3 | prescribed by the Illinois Department in its vendor | ||||||
| 4 | agreement; (iii) for any vendor who fails to grant the | ||||||
| 5 | Office of Inspector General timely access to full and | ||||||
| 6 | complete records, including, but not limited to, records | ||||||
| 7 | relating to recipients under the medical assistance | ||||||
| 8 | program for the most recent 6 years, in accordance with | ||||||
| 9 | Section 140.28 of Title 89 of the Illinois Administrative | ||||||
| 10 | Code, and other information for the purpose of audits, | ||||||
| 11 | investigations, or other program integrity functions, | ||||||
| 12 | after reasonable written request by the Inspector General; | ||||||
| 13 | this subsection (E) does not require vendors to make | ||||||
| 14 | available the medical records of patients for whom services | ||||||
| 15 | are not reimbursed under this Code or to provide access to | ||||||
| 16 | medical records more than 6 years old; (iv) when the vendor | ||||||
| 17 | has knowingly made, or caused to be made, any false | ||||||
| 18 | statement or representation of a material fact in | ||||||
| 19 | connection with the administration of the medical | ||||||
| 20 | assistance program; or (v) when the vendor previously | ||||||
| 21 | rendered services while terminated, suspended, or excluded | ||||||
| 22 | from participation in the medical assistance program or | ||||||
| 23 | while terminated or excluded from participation in another | ||||||
| 24 | state or federal medical assistance or health care program. | ||||||
| 25 | (2) Notwithstanding any other provision of law, if a | ||||||
| 26 | vendor has the same taxpayer identification number | ||||||
| |||||||
| |||||||
| 1 | (assigned under Section 6109 of the Internal Revenue Code | ||||||
| 2 | of 1986) as is assigned to a vendor with past-due financial | ||||||
| 3 | obligations to the Illinois Department, the Illinois | ||||||
| 4 | Department may make any necessary adjustments to payments | ||||||
| 5 | to that vendor in order to satisfy any past-due | ||||||
| 6 | obligations, regardless of whether the vendor is assigned a | ||||||
| 7 | different billing number under the medical assistance | ||||||
| 8 | program.
| ||||||
| 9 | (E-5) Civil monetary penalties. | ||||||
| 10 | (1) As used in this subsection (E-5): | ||||||
| 11 | (a) "Knowingly" means that a person, with respect | ||||||
| 12 | to
information:
(i) has actual knowledge of the | ||||||
| 13 | information;
(ii) acts in deliberate ignorance of the | ||||||
| 14 | truth or falsity of the
information; or
(iii) acts in | ||||||
| 15 | reckless disregard of the truth or falsity of the
| ||||||
| 16 | information. No proof of specific intent to defraud is | ||||||
| 17 | required. | ||||||
| 18 | (b) "Overpayment" means any funds that a person | ||||||
| 19 | receives or
retains from the medical assistance | ||||||
| 20 | program to which the person,
after applicable | ||||||
| 21 | reconciliation, is not entitled under this Code. | ||||||
| 22 | (c) "Remuneration" means the offer or transfer of | ||||||
| 23 | items or
services for free or for other than fair | ||||||
| 24 | market value by a
person; however, remuneration does | ||||||
| 25 | not include items or services
of a nominal value of no | ||||||
| 26 | more than $10 per item or service, or
$50 in the | ||||||
| |||||||
| |||||||
| 1 | aggregate on an annual basis, or any other offer or
| ||||||
| 2 | transfer of items or services as determined by the
| ||||||
| 3 | Department. | ||||||
| 4 | (d) "Should know" means that a person, with respect | ||||||
| 5 | to
information:
(i) acts in deliberate ignorance of the | ||||||
| 6 | truth or falsity
of the information; or
(ii) acts in | ||||||
| 7 | reckless disregard of the truth or falsity of
the | ||||||
| 8 | information. No proof of specific intent to defraud is | ||||||
| 9 | required. | ||||||
| 10 | (2) Any person (including a vendor, provider, | ||||||
| 11 | organization, agency, or other entity, or an alternate | ||||||
| 12 | payee thereof, but excluding a recipient) who: | ||||||
| 13 | (a) knowingly presents or causes to be presented to | ||||||
| 14 | an officer, employee, or agent of the State, a claim | ||||||
| 15 | that the Department determines: | ||||||
| 16 | (i) is for a medical or other item or service | ||||||
| 17 | that the person knows or should know was not | ||||||
| 18 | provided as claimed, including any person who | ||||||
| 19 | engages in a pattern or practice of presenting or | ||||||
| 20 | causing to be presented a claim for an item or | ||||||
| 21 | service that is based on a code that the person | ||||||
| 22 | knows or should know will result in a greater | ||||||
| 23 | payment to the person than the code the person | ||||||
| 24 | knows or should know is applicable to the item or | ||||||
| 25 | service actually provided; | ||||||
| 26 | (ii) is for a medical or other item or service | ||||||
| |||||||
| |||||||
| 1 | and the person knows or should know that the claim | ||||||
| 2 | is false or fraudulent; | ||||||
| 3 | (iii) is presented for a vendor physician's | ||||||
| 4 | service, or an item or service incident to a vendor | ||||||
| 5 | physician's service, by a person who knows or | ||||||
| 6 | should know that the individual who furnished, or | ||||||
| 7 | supervised the furnishing of, the service: | ||||||
| 8 | (AA) was not licensed as a physician; | ||||||
| 9 | (BB) was licensed as a physician but such | ||||||
| 10 | license had been obtained through a | ||||||
| 11 | misrepresentation of material fact (including | ||||||
| 12 | cheating on an examination required for | ||||||
| 13 | licensing); or | ||||||
| 14 | (CC) represented to the patient at the | ||||||
| 15 | time the service was furnished that the | ||||||
| 16 | physician was certified in a medical specialty | ||||||
| 17 | by a medical specialty board, when the | ||||||
| 18 | individual was not so certified; | ||||||
| 19 | (iv) is for a medical or other item or service | ||||||
| 20 | furnished during a period in which the person was | ||||||
| 21 | excluded from the medical assistance program or a | ||||||
| 22 | federal or state health care program under which | ||||||
| 23 | the claim
was made pursuant to applicable law; or | ||||||
| 24 | (v) is for a pattern of medical or other items | ||||||
| 25 | or services that a person knows or should know are | ||||||
| 26 | not medically necessary; | ||||||
| |||||||
| |||||||
| 1 | (b) knowingly presents or causes to be presented to | ||||||
| 2 | any person a request for payment which is in violation | ||||||
| 3 | of the conditions for receipt
of vendor payments under | ||||||
| 4 | the medical assistance program under Section 11-13 of | ||||||
| 5 | this Code; | ||||||
| 6 | (c) knowingly gives or causes to be given to any | ||||||
| 7 | person, with respect to medical assistance program | ||||||
| 8 | coverage of inpatient hospital services, information | ||||||
| 9 | that he or she knows or should know is false or | ||||||
| 10 | misleading, and that could reasonably be expected to | ||||||
| 11 | influence the decision when to discharge such person or | ||||||
| 12 | other individual from the hospital; | ||||||
| 13 | (d) in the case of a person who is not an | ||||||
| 14 | organization, agency, or other entity, is excluded | ||||||
| 15 | from participating in the medical assistance
program | ||||||
| 16 | or a federal or state health care program and who, at | ||||||
| 17 | the time
of a violation of this subsection (E-5): | ||||||
| 18 | (i) retains a direct or indirect ownership or | ||||||
| 19 | control interest in an entity that is | ||||||
| 20 | participating in the medical assistance program or | ||||||
| 21 | a federal or state health care program, and who | ||||||
| 22 | knows or should know of the action constituting the | ||||||
| 23 | basis for the exclusion; or | ||||||
| 24 | (ii) is an officer or managing employee of such | ||||||
| 25 | an entity; | ||||||
| 26 | (e) offers or transfers remuneration to any | ||||||
| |||||||
| |||||||
| 1 | individual eligible for benefits under the medical | ||||||
| 2 | assistance program that such person knows or should | ||||||
| 3 | know is likely to influence such individual to order or | ||||||
| 4 | receive from a particular vendor, provider, | ||||||
| 5 | practitioner, or supplier any item or service for which | ||||||
| 6 | payment may be made, in whole or in part, under the | ||||||
| 7 | medical assistance program; | ||||||
| 8 | (f) arranges or contracts (by employment or | ||||||
| 9 | otherwise) with an individual or entity that the person | ||||||
| 10 | knows or should know is excluded from participation in | ||||||
| 11 | the medical assistance program or a federal or
state | ||||||
| 12 | health care program, for the provision of items or | ||||||
| 13 | services for which payment may be made under such a | ||||||
| 14 | program; | ||||||
| 15 | (g) commits an act described in subsection (b) or | ||||||
| 16 | (c) of Section 8A-3; | ||||||
| 17 | (h) knowingly makes, uses, or causes to be made or | ||||||
| 18 | used, a false record
or statement material to a false | ||||||
| 19 | or fraudulent claim for payment for
items and services | ||||||
| 20 | furnished under the medical assistance program; | ||||||
| 21 | (i) fails to grant timely access, upon reasonable | ||||||
| 22 | request (as defined
by the Department by rule), to the | ||||||
| 23 | Inspector General, for the purpose of
audits, | ||||||
| 24 | investigations, evaluations, or other statutory | ||||||
| 25 | functions of
the Inspector General of the Department; | ||||||
| 26 | (j) orders or prescribes a medical or other item or | ||||||
| |||||||
| |||||||
| 1 | service during a
period in which the person was | ||||||
| 2 | excluded from the medical assistance
program or a | ||||||
| 3 | federal or state health care program, in the case where
| ||||||
| 4 | the person knows or should know that a claim for such | ||||||
| 5 | medical or other
item or service will be made under | ||||||
| 6 | such a program; | ||||||
| 7 | (k) knowingly makes or causes to be made any false | ||||||
| 8 | statement, omission, or misrepresentation of a | ||||||
| 9 | material fact in any application, bid, or contract to | ||||||
| 10 | participate or enroll as a vendor or provider of | ||||||
| 11 | services or a supplier under the medical assistance | ||||||
| 12 | program; | ||||||
| 13 | (l) knows of an overpayment and does not report and | ||||||
| 14 | return the
overpayment to the Department in accordance | ||||||
| 15 | with paragraph (6); | ||||||
| 16 | shall be subject, in addition to any other penalties that | ||||||
| 17 | may be prescribed by law, to a civil money penalty of not | ||||||
| 18 | more than $10,000
for each item or service (or, in cases | ||||||
| 19 | under subparagraph (c), $15,000
for each individual with | ||||||
| 20 | respect to whom false or misleading
information was given; | ||||||
| 21 | in cases under subparagraph (d), $10,000 for
each day the | ||||||
| 22 | prohibited relationship occurs; in cases under | ||||||
| 23 | subparagraph
(g), $50,000 for each such act; in cases under | ||||||
| 24 | subparagraph
(h), $50,000 for each false record or | ||||||
| 25 | statement; in cases under
subparagraph (i), $15,000 for | ||||||
| 26 | each day of the failure described in such
subparagraph; or | ||||||
| |||||||
| |||||||
| 1 | in cases under subparagraph (k), $50,000 for each false
| ||||||
| 2 | statement, omission, or misrepresentation of a material | ||||||
| 3 | fact). In
addition, such a person shall be subject to an | ||||||
| 4 | assessment of not more
than 3 times the amount claimed for | ||||||
| 5 | each such item or service in lieu
of damages sustained by | ||||||
| 6 | the State because of such claim
(or, in cases under | ||||||
| 7 | subparagraph (g), damages of not more than 3 times
the | ||||||
| 8 | total amount of remuneration offered, paid, solicited, or | ||||||
| 9 | received,
without regard to whether a portion of such | ||||||
| 10 | remuneration was offered,
paid, solicited, or received for | ||||||
| 11 | a lawful purpose; or in cases under
subparagraph (k), an | ||||||
| 12 | assessment of not more than 3 times the total
amount | ||||||
| 13 | claimed for each item or service for which payment was made
| ||||||
| 14 | based upon the application, bid, or contract containing the | ||||||
| 15 | false
statement, omission, or misrepresentation of a | ||||||
| 16 | material fact). | ||||||
| 17 | (3) In addition, the Director or his or her designee | ||||||
| 18 | may make a determination in the
same proceeding to exclude, | ||||||
| 19 | terminate, suspend, or bar the person from
participation in | ||||||
| 20 | the medical assistance program. | ||||||
| 21 | (4) The Illinois Department may seek the civil monetary | ||||||
| 22 | penalties and exclusion, termination, suspension, or | ||||||
| 23 | barment identified in this subsection (E-5). Prior to the | ||||||
| 24 | imposition of any penalties or sanctions, the affected
| ||||||
| 25 | person shall be afforded an
opportunity for a hearing after | ||||||
| 26 | reasonable notice. The
Department shall establish hearing | ||||||
| |||||||
| |||||||
| 1 | procedures by rule. | ||||||
| 2 | (5) Any final order, decision, or other determination | ||||||
| 3 | made, issued, or executed by the Director under the | ||||||
| 4 | provisions of this subsection (E-5), whereby a person is | ||||||
| 5 | aggrieved, shall be subject to review in accordance with | ||||||
| 6 | the provisions of the Administrative Review Law, and the | ||||||
| 7 | rules adopted pursuant thereto, which shall apply to and | ||||||
| 8 | govern all proceedings for the judicial review of final | ||||||
| 9 | administrative decisions of the Director. | ||||||
| 10 | (6)(a) If a person has received an overpayment, the | ||||||
| 11 | person shall: | ||||||
| 12 | (i) report and return the overpayment to the | ||||||
| 13 | Department at the correct address; and | ||||||
| 14 | (ii) notify the Department in writing of the reason | ||||||
| 15 | for the overpayment. | ||||||
| 16 | (b) An overpayment must be reported and returned under | ||||||
| 17 | subparagraph (a) by the later of: | ||||||
| 18 | (i) the date which is 60 days after the date on | ||||||
| 19 | which the overpayment was identified; or | ||||||
| 20 | (ii) the date any corresponding cost report is due, | ||||||
| 21 | if applicable. | ||||||
| 22 | (E-10) A vendor who disputes an overpayment identified as | ||||||
| 23 | part of a Department audit shall utilize the Department's | ||||||
| 24 | self-referral disclosure protocol as set forth under this Code | ||||||
| 25 | to identify, investigate, and return to the Department any | ||||||
| 26 | undisputed audit overpayment amount. Unless the disputed | ||||||
| |||||||
| |||||||
| 1 | overpayment amount is subject to a fraud payment suspension, or | ||||||
| 2 | involves a termination sanction, the Department shall defer the | ||||||
| 3 | recovery of the disputed overpayment amount up to one year | ||||||
| 4 | after the date of the Department's final audit determination, | ||||||
| 5 | or earlier, or as required by State or federal law. If the | ||||||
| 6 | administrative hearing extends beyond one year, and such delay | ||||||
| 7 | was not caused by the request of the vendor, then the | ||||||
| 8 | Department shall not recover the disputed overpayment amount | ||||||
| 9 | until the date of the final administrative decision. If a final | ||||||
| 10 | administrative decision establishes that the disputed | ||||||
| 11 | overpayment amount is owed to the Department, then the amount | ||||||
| 12 | shall be immediately due to the Department. The Department | ||||||
| 13 | shall be entitled to recover interest from the vendor on the | ||||||
| 14 | overpayment amount from the date of the overpayment through the | ||||||
| 15 | date the vendor returns the overpayment to the Department at a | ||||||
| 16 | rate not to exceed the Wall Street Journal Prime Rate, as | ||||||
| 17 | published from time to time, but not to exceed 5%. Any interest | ||||||
| 18 | billed by the Department shall be due immediately upon receipt | ||||||
| 19 | of the Department's billing statement. | ||||||
| 20 | (F) The Illinois Department may withhold payments to any | ||||||
| 21 | vendor
or alternate payee prior to or during the pendency of | ||||||
| 22 | any audit or proceeding under this Section, and through the | ||||||
| 23 | pendency of any administrative appeal or administrative review | ||||||
| 24 | by any court proceeding. The Illinois Department shall
state by | ||||||
| 25 | rule with as much specificity as practicable the conditions
| ||||||
| 26 | under which payments will not be withheld under this Section. | ||||||
| |||||||
| |||||||
| 1 | Payments may be denied for bills
submitted with service dates | ||||||
| 2 | occurring during the pendency of a
proceeding, after a final | ||||||
| 3 | decision has been rendered, or after the conclusion of any | ||||||
| 4 | administrative appeal, where the final administrative decision | ||||||
| 5 | is to terminate, exclude, or suspend
eligibility to participate | ||||||
| 6 | in the medical assistance program. The
Illinois Department | ||||||
| 7 | shall state by rule with as much specificity as
practicable the | ||||||
| 8 | conditions under which payments will not be denied for
such | ||||||
| 9 | bills.
The Illinois
Department shall state by rule a process | ||||||
| 10 | and criteria by
which a vendor or alternate payee may request | ||||||
| 11 | full or partial release of payments withheld under
this | ||||||
| 12 | subsection. The Department must complete a proceeding under | ||||||
| 13 | this Section
in a timely manner.
| ||||||
| 14 | Notwithstanding recovery allowed under subsection (E) or | ||||||
| 15 | this subsection (F), the Illinois Department may withhold | ||||||
| 16 | payments to any vendor or alternate payee who is not properly | ||||||
| 17 | licensed, certified, or in compliance with State or federal | ||||||
| 18 | agency regulations. Payments may be denied for bills submitted | ||||||
| 19 | with service dates occurring during the period of time that a | ||||||
| 20 | vendor is not properly licensed, certified, or in compliance | ||||||
| 21 | with State or federal regulations. Facilities licensed under
| ||||||
| 22 | the Nursing Home Care Act shall have payments denied or
| ||||||
| 23 | withheld pursuant to subsection (I) of this Section. | ||||||
| 24 | (F-5) The Illinois Department may temporarily withhold | ||||||
| 25 | payments to
a vendor or alternate payee if any of the following | ||||||
| 26 | individuals have been indicted or
otherwise charged under a law | ||||||
| |||||||
| |||||||
| 1 | of the United States or this or any other state
with an offense | ||||||
| 2 | that is based on alleged fraud or willful
misrepresentation on | ||||||
| 3 | the part of the individual related to (i) the medical
| ||||||
| 4 | assistance program under Article V of this Code, (ii) a federal | ||||||
| 5 | or another state's medical assistance
or health care program, | ||||||
| 6 | or (iii) the provision of health care services:
| ||||||
| 7 | (1) If the vendor or alternate payee is a corporation: | ||||||
| 8 | an officer of the corporation
or an individual who owns, | ||||||
| 9 | either directly or indirectly, 5% or more
of the shares of | ||||||
| 10 | stock or other evidence of ownership of the
corporation.
| ||||||
| 11 | (2) If the vendor is a sole proprietorship: the owner | ||||||
| 12 | of the sole
proprietorship.
| ||||||
| 13 | (3) If the vendor or alternate payee is a partnership: | ||||||
| 14 | a partner in the partnership.
| ||||||
| 15 | (4) If the vendor or alternate payee is any other | ||||||
| 16 | business entity authorized by law
to transact business in | ||||||
| 17 | this State: an officer of the entity or an
individual who | ||||||
| 18 | owns, either directly or indirectly, 5% or more of the
| ||||||
| 19 | evidences of ownership of the entity.
| ||||||
| 20 | If the Illinois Department withholds payments to a vendor | ||||||
| 21 | or alternate payee under this
subsection, the Department shall | ||||||
| 22 | not release those payments to the vendor
or alternate payee
| ||||||
| 23 | while any criminal proceeding related to the indictment or | ||||||
| 24 | charge is pending
unless the Department determines that there | ||||||
| 25 | is good cause to release the
payments before completion of the | ||||||
| 26 | proceeding. If the indictment or charge
results in the | ||||||
| |||||||
| |||||||
| 1 | individual's conviction, the Illinois Department shall retain
| ||||||
| 2 | all withheld
payments, which shall be considered forfeited to | ||||||
| 3 | the Department. If the
indictment or charge does not result in | ||||||
| 4 | the individual's conviction, the
Illinois Department
shall | ||||||
| 5 | release to the vendor or alternate payee all withheld payments.
| ||||||
| 6 | (F-10) If the Illinois Department establishes that the | ||||||
| 7 | vendor or alternate payee owes a debt to the Illinois | ||||||
| 8 | Department, and the vendor or alternate payee subsequently | ||||||
| 9 | fails to pay or make satisfactory payment arrangements with the | ||||||
| 10 | Illinois Department for the debt owed, the Illinois Department | ||||||
| 11 | may seek all remedies available under the law of this State to | ||||||
| 12 | recover the debt, including, but not limited to, wage | ||||||
| 13 | garnishment or the filing of claims or liens against the vendor | ||||||
| 14 | or alternate payee. | ||||||
| 15 | (F-15) Enforcement of judgment. | ||||||
| 16 | (1) Any fine, recovery amount, other sanction, or costs | ||||||
| 17 | imposed, or part of any fine, recovery amount, other | ||||||
| 18 | sanction, or cost imposed, remaining unpaid after the | ||||||
| 19 | exhaustion of or the failure to exhaust judicial review | ||||||
| 20 | procedures under the Illinois Administrative Review Law is | ||||||
| 21 | a debt due and owing the State and may be collected using | ||||||
| 22 | all remedies available under the law. | ||||||
| 23 | (2) After expiration of the period in which judicial | ||||||
| 24 | review under the Illinois Administrative Review Law may be | ||||||
| 25 | sought for a final administrative decision, unless stayed | ||||||
| 26 | by a court of competent jurisdiction, the findings, | ||||||
| |||||||
| |||||||
| 1 | decision, and order of the Director may be enforced in the | ||||||
| 2 | same manner as a judgment entered by a court of competent | ||||||
| 3 | jurisdiction. | ||||||
| 4 | (3) In any case in which any person or entity has | ||||||
| 5 | failed to comply with a judgment ordering or imposing any | ||||||
| 6 | fine or other sanction, any expenses incurred by the | ||||||
| 7 | Illinois Department to enforce the judgment, including, | ||||||
| 8 | but not limited to, attorney's fees, court costs, and costs | ||||||
| 9 | related to property demolition or foreclosure, after they | ||||||
| 10 | are fixed by a court of competent jurisdiction or the | ||||||
| 11 | Director, shall be a debt due and owing the State and may | ||||||
| 12 | be collected in accordance with applicable law. Prior to | ||||||
| 13 | any expenses being fixed by a final administrative decision | ||||||
| 14 | pursuant to this subsection (F-15), the Illinois | ||||||
| 15 | Department shall provide notice to the individual or entity | ||||||
| 16 | that states that the individual or entity shall appear at a | ||||||
| 17 | hearing before the administrative hearing officer to | ||||||
| 18 | determine whether the individual or entity has failed to | ||||||
| 19 | comply with the judgment. The notice shall set the date for | ||||||
| 20 | such a hearing, which shall not be less than 7 days from | ||||||
| 21 | the date that notice is served. If notice is served by | ||||||
| 22 | mail, the 7-day period shall begin to run on the date that | ||||||
| 23 | the notice was deposited in the mail. | ||||||
| 24 | (4) Upon being recorded in the manner required by | ||||||
| 25 | Article XII of the Code of Civil Procedure or by the | ||||||
| 26 | Uniform Commercial Code, a lien shall be imposed on the | ||||||
| |||||||
| |||||||
| 1 | real estate or personal estate, or both, of the individual | ||||||
| 2 | or entity in the amount of any debt due and owing the State | ||||||
| 3 | under this Section. The lien may be enforced in the same | ||||||
| 4 | manner as a judgment of a court of competent jurisdiction. | ||||||
| 5 | A lien shall attach to all property and assets of such | ||||||
| 6 | person, firm, corporation, association, agency, | ||||||
| 7 | institution, or other legal entity until the judgment is | ||||||
| 8 | satisfied. | ||||||
| 9 | (5) The Director may set aside any judgment entered by
| ||||||
| 10 | default and set a new hearing date upon a petition filed at
| ||||||
| 11 | any time (i) if the petitioner's failure to appear at the
| ||||||
| 12 | hearing was for good cause, or (ii) if the petitioner
| ||||||
| 13 | established that the Department did not provide proper
| ||||||
| 14 | service of process. If any judgment is set aside pursuant
| ||||||
| 15 | to this paragraph (5), the hearing officer shall have
| ||||||
| 16 | authority to enter an order extinguishing any lien which
| ||||||
| 17 | has been recorded for any debt due and owing the Illinois
| ||||||
| 18 | Department as a result of the vacated default judgment. | ||||||
| 19 | (G) The provisions of the Administrative Review Law, as now | ||||||
| 20 | or hereafter
amended, and the rules adopted pursuant
thereto, | ||||||
| 21 | shall apply to and govern all proceedings for the judicial
| ||||||
| 22 | review of final administrative decisions of the Illinois | ||||||
| 23 | Department
under this Section. The term "administrative | ||||||
| 24 | decision" is defined as in
Section 3-101 of the Code of Civil | ||||||
| 25 | Procedure.
| ||||||
| 26 | (G-5) Vendors who pose a risk of fraud, waste, abuse, or | ||||||
| |||||||
| |||||||
| 1 | harm.
| ||||||
| 2 | (1) Notwithstanding any other provision in this | ||||||
| 3 | Section, the Department may terminate, suspend, or exclude | ||||||
| 4 | vendors who pose a risk of fraud, waste, abuse, or harm | ||||||
| 5 | from
participation in the medical assistance program prior
| ||||||
| 6 | to an evidentiary hearing but after reasonable notice and | ||||||
| 7 | opportunity to
respond as established by the Department by | ||||||
| 8 | rule.
| ||||||
| 9 | (2) Vendors who pose a risk of fraud, waste, abuse, or | ||||||
| 10 | harm shall submit to a fingerprint-based criminal
| ||||||
| 11 | background check on current and future information | ||||||
| 12 | available in the State
system and current information | ||||||
| 13 | available through the Federal Bureau of
Investigation's | ||||||
| 14 | system by submitting all necessary fees and information in | ||||||
| 15 | the
form and manner
prescribed by the Illinois Department | ||||||
| 16 | of State Police. The following individuals shall
be subject | ||||||
| 17 | to the check:
| ||||||
| 18 | (A) In the case of a vendor that is a corporation, | ||||||
| 19 | every shareholder
who owns, directly or indirectly, 5% | ||||||
| 20 | or more of the outstanding shares of
the corporation.
| ||||||
| 21 | (B) In the case of a vendor that is a partnership, | ||||||
| 22 | every partner.
| ||||||
| 23 | (C) In the case of a vendor that is a sole | ||||||
| 24 | proprietorship, the sole
proprietor.
| ||||||
| 25 | (D) Each officer or manager of the vendor.
| ||||||
| 26 | Each such vendor shall be responsible for payment of | ||||||
| |||||||
| |||||||
| 1 | the cost of the
criminal background check.
| ||||||
| 2 | (3) Vendors who pose a risk of fraud, waste, abuse, or | ||||||
| 3 | harm may be
required to post a surety bond. The Department | ||||||
| 4 | shall establish, by rule, the
criteria and requirements for | ||||||
| 5 | determining when a surety bond must be posted and
the value | ||||||
| 6 | of the bond.
| ||||||
| 7 | (4) The Department, or its agents, may refuse to accept | ||||||
| 8 | requests for authorization from specific vendors who pose a | ||||||
| 9 | risk of fraud, waste, abuse, or harm, including | ||||||
| 10 | prior-approval and
post-approval requests, if:
| ||||||
| 11 | (A) the Department has initiated a notice of | ||||||
| 12 | termination, suspension, or exclusion of the
vendor | ||||||
| 13 | from participation in the medical assistance program; | ||||||
| 14 | or
| ||||||
| 15 | (B) the Department has issued notification of its | ||||||
| 16 | withholding of
payments pursuant to subsection (F-5) | ||||||
| 17 | of this Section; or
| ||||||
| 18 | (C) the Department has issued a notification of its | ||||||
| 19 | withholding of
payments due to reliable evidence of | ||||||
| 20 | fraud or willful misrepresentation
pending | ||||||
| 21 | investigation.
| ||||||
| 22 | (5) As used in this subsection, the following terms are | ||||||
| 23 | defined as follows: | ||||||
| 24 | (A) "Fraud" means an intentional deception or | ||||||
| 25 | misrepresentation made by a person with the knowledge | ||||||
| 26 | that the deception could result in some unauthorized | ||||||
| |||||||
| |||||||
| 1 | benefit to himself or herself or some other person. It | ||||||
| 2 | includes any act that constitutes fraud under | ||||||
| 3 | applicable federal or State law. | ||||||
| 4 | (B) "Abuse" means provider practices that are | ||||||
| 5 | inconsistent with sound fiscal, business, or medical | ||||||
| 6 | practices and that result in an unnecessary cost to the | ||||||
| 7 | medical assistance program or in reimbursement for | ||||||
| 8 | services that are not medically necessary or that fail | ||||||
| 9 | to meet professionally recognized standards for health | ||||||
| 10 | care. It also includes recipient practices that result | ||||||
| 11 | in unnecessary cost to the medical assistance program. | ||||||
| 12 | Abuse does not include diagnostic or therapeutic | ||||||
| 13 | measures conducted primarily as a safeguard against | ||||||
| 14 | possible vendor liability. | ||||||
| 15 | (C) "Waste" means the unintentional misuse of | ||||||
| 16 | medical assistance resources, resulting in unnecessary | ||||||
| 17 | cost to the medical assistance program. Waste does not | ||||||
| 18 | include diagnostic or therapeutic measures conducted | ||||||
| 19 | primarily as a safeguard against possible vendor | ||||||
| 20 | liability. | ||||||
| 21 | (D) "Harm" means physical, mental, or monetary | ||||||
| 22 | damage to recipients or to the medical assistance | ||||||
| 23 | program. | ||||||
| 24 | (G-6) The Illinois Department, upon making a determination | ||||||
| 25 | based upon information in the possession of the Illinois | ||||||
| 26 | Department that continuation of participation in the medical | ||||||
| |||||||
| |||||||
| 1 | assistance program by a vendor would constitute an immediate | ||||||
| 2 | danger to the public, may immediately suspend such vendor's | ||||||
| 3 | participation in the medical assistance program without a | ||||||
| 4 | hearing. In instances in which the Illinois Department | ||||||
| 5 | immediately suspends the medical assistance program | ||||||
| 6 | participation of a vendor under this Section, a hearing upon | ||||||
| 7 | the vendor's participation must be convened by the Illinois | ||||||
| 8 | Department within 15 days after such suspension and completed | ||||||
| 9 | without appreciable delay. Such hearing shall be held to | ||||||
| 10 | determine whether to recommend to the Director that the | ||||||
| 11 | vendor's medical assistance program participation be denied, | ||||||
| 12 | terminated, suspended, placed on provisional status, or | ||||||
| 13 | reinstated. In the hearing, any evidence relevant to the vendor | ||||||
| 14 | constituting an immediate danger to the public may be | ||||||
| 15 | introduced against such vendor; provided, however, that the | ||||||
| 16 | vendor, or his or her counsel, shall have the opportunity to | ||||||
| 17 | discredit, impeach, and submit evidence rebutting such | ||||||
| 18 | evidence. | ||||||
| 19 | (H) Nothing contained in this Code shall in any way limit | ||||||
| 20 | or
otherwise impair the authority or power of any State agency | ||||||
| 21 | responsible
for licensing of vendors.
| ||||||
| 22 | (I) Based on a finding of noncompliance on the part of a | ||||||
| 23 | nursing home with
any requirement for certification under Title | ||||||
| 24 | XVIII or XIX of the Social
Security Act (42 U.S.C. Sec. 1395 et | ||||||
| 25 | seq. or 42 U.S.C. Sec. 1396 et seq.), the
Illinois Department | ||||||
| 26 | may impose one or more of the following remedies after
notice | ||||||
| |||||||
| |||||||
| 1 | to the facility:
| ||||||
| 2 | (1) Termination of the provider agreement.
| ||||||
| 3 | (2) Temporary management.
| ||||||
| 4 | (3) Denial of payment for new admissions.
| ||||||
| 5 | (4) Civil money penalties.
| ||||||
| 6 | (5) Closure of the facility in emergency situations or | ||||||
| 7 | transfer of
residents, or both.
| ||||||
| 8 | (6) State monitoring.
| ||||||
| 9 | (7) Denial of all payments when the U.S. Department of | ||||||
| 10 | Health and Human Services has
imposed this sanction.
| ||||||
| 11 | The Illinois Department shall by rule establish criteria | ||||||
| 12 | governing continued
payments to a nursing facility subsequent | ||||||
| 13 | to termination of the facility's
provider agreement if, in the | ||||||
| 14 | sole discretion of the Illinois Department,
circumstances | ||||||
| 15 | affecting the health, safety, and welfare of the facility's
| ||||||
| 16 | residents require those continued payments. The Illinois | ||||||
| 17 | Department may
condition those continued payments on the | ||||||
| 18 | appointment of temporary management,
sale of the facility to | ||||||
| 19 | new owners or operators, or other
arrangements that the | ||||||
| 20 | Illinois Department determines best serve the needs of
the | ||||||
| 21 | facility's residents.
| ||||||
| 22 | Except in the case of a facility that has a right to a | ||||||
| 23 | hearing on the finding
of noncompliance before an agency of the | ||||||
| 24 | federal government, a facility may
request a hearing before a | ||||||
| 25 | State agency on any finding of noncompliance within
60 days | ||||||
| 26 | after the notice of the intent to impose a remedy. Except in | ||||||
| |||||||
| |||||||
| 1 | the case
of civil money penalties, a request for a hearing | ||||||
| 2 | shall not delay imposition of
the penalty. The choice of | ||||||
| 3 | remedies is not appealable at a hearing. The level
of | ||||||
| 4 | noncompliance may be challenged only in the case of a civil | ||||||
| 5 | money penalty.
The Illinois Department shall provide by rule | ||||||
| 6 | for the State agency that will
conduct the evidentiary | ||||||
| 7 | hearings.
| ||||||
| 8 | The Illinois Department may collect interest on unpaid | ||||||
| 9 | civil money penalties.
| ||||||
| 10 | The Illinois Department may adopt all rules necessary to | ||||||
| 11 | implement this
subsection (I).
| ||||||
| 12 | (J) The Illinois Department, by rule, may permit individual | ||||||
| 13 | practitioners to designate that Department payments that may be | ||||||
| 14 | due the practitioner be made to an alternate payee or alternate | ||||||
| 15 | payees. | ||||||
| 16 | (a) Such alternate payee or alternate payees shall be | ||||||
| 17 | required to register as an alternate payee in the Medical | ||||||
| 18 | Assistance Program with the Illinois Department. | ||||||
| 19 | (b) If a practitioner designates an alternate payee, | ||||||
| 20 | the alternate payee and practitioner shall be jointly and | ||||||
| 21 | severally liable to the Department for payments made to the | ||||||
| 22 | alternate payee. Pursuant to subsection (E) of this | ||||||
| 23 | Section, any Department action to suspend or deny payment | ||||||
| 24 | or recover money or overpayments from an alternate payee | ||||||
| 25 | shall be subject to an administrative hearing. | ||||||
| 26 | (c) Registration as an alternate payee or alternate | ||||||
| |||||||
| |||||||
| 1 | payees in the Illinois Medical Assistance Program shall be | ||||||
| 2 | conditional. At any time, the Illinois Department may deny | ||||||
| 3 | or cancel any alternate payee's registration in the | ||||||
| 4 | Illinois Medical Assistance Program without cause. Any | ||||||
| 5 | such denial or cancellation is not subject to an | ||||||
| 6 | administrative hearing. | ||||||
| 7 | (d) The Illinois Department may seek a revocation of | ||||||
| 8 | any alternate payee, and all owners, officers, and | ||||||
| 9 | individuals with management responsibility for such | ||||||
| 10 | alternate payee shall be permanently prohibited from | ||||||
| 11 | participating as an owner, an officer, or an individual | ||||||
| 12 | with management responsibility with an alternate payee in | ||||||
| 13 | the Illinois Medical Assistance Program, if after | ||||||
| 14 | reasonable notice and opportunity for a hearing the | ||||||
| 15 | Illinois Department finds that: | ||||||
| 16 | (1) the alternate payee is not complying with the | ||||||
| 17 | Department's policy or rules and regulations, or with | ||||||
| 18 | the terms and conditions prescribed by the Illinois | ||||||
| 19 | Department in its alternate payee registration | ||||||
| 20 | agreement; or | ||||||
| 21 | (2) the alternate payee has failed to keep or make | ||||||
| 22 | available for inspection, audit, or copying, after | ||||||
| 23 | receiving a written request from the Illinois | ||||||
| 24 | Department, such records regarding payments claimed as | ||||||
| 25 | an alternate payee; or | ||||||
| 26 | (3) the alternate payee has failed to furnish any | ||||||
| |||||||
| |||||||
| 1 | information requested by the Illinois Department | ||||||
| 2 | regarding payments claimed as an alternate payee; or | ||||||
| 3 | (4) the alternate payee has knowingly made, or | ||||||
| 4 | caused to be made, any false statement or | ||||||
| 5 | representation of a material fact in connection with | ||||||
| 6 | the administration of the Illinois Medical Assistance | ||||||
| 7 | Program; or | ||||||
| 8 | (5) the alternate payee, a person with management | ||||||
| 9 | responsibility for an alternate payee, an officer or | ||||||
| 10 | person owning, either directly or indirectly, 5% or | ||||||
| 11 | more of the shares of stock or other evidences of | ||||||
| 12 | ownership in a corporate alternate payee, or a partner | ||||||
| 13 | in a partnership which is an alternate payee: | ||||||
| 14 | (a) was previously terminated, suspended, or | ||||||
| 15 | excluded from participation as a vendor in the | ||||||
| 16 | Illinois Medical Assistance Program, or was | ||||||
| 17 | previously revoked as an alternate payee in the | ||||||
| 18 | Illinois Medical Assistance Program, or was | ||||||
| 19 | terminated, suspended, or excluded from | ||||||
| 20 | participation as a vendor in a medical assistance | ||||||
| 21 | program in another state that is of the same kind | ||||||
| 22 | as the program of medical assistance provided | ||||||
| 23 | under Article V of this Code; or | ||||||
| 24 | (b) was a person with management | ||||||
| 25 | responsibility for a vendor previously terminated, | ||||||
| 26 | suspended, or excluded from participation as a | ||||||
| |||||||
| |||||||
| 1 | vendor in the Illinois Medical Assistance Program, | ||||||
| 2 | or was previously revoked as an alternate payee in | ||||||
| 3 | the Illinois Medical Assistance Program, or was | ||||||
| 4 | terminated, suspended, or excluded from | ||||||
| 5 | participation as a vendor in a medical assistance | ||||||
| 6 | program in another state that is of the same kind | ||||||
| 7 | as the program of medical assistance provided | ||||||
| 8 | under Article V of this Code, during the time of | ||||||
| 9 | conduct which was the basis for that vendor's | ||||||
| 10 | termination, suspension, or exclusion or alternate | ||||||
| 11 | payee's revocation; or | ||||||
| 12 | (c) was an officer, or person owning, either | ||||||
| 13 | directly or indirectly, 5% or more of the shares of | ||||||
| 14 | stock or other evidences of ownership in a | ||||||
| 15 | corporate vendor previously terminated, suspended, | ||||||
| 16 | or excluded from participation as a vendor in the | ||||||
| 17 | Illinois Medical Assistance Program, or was | ||||||
| 18 | previously revoked as an alternate payee in the | ||||||
| 19 | Illinois Medical Assistance Program, or was | ||||||
| 20 | terminated, suspended, or excluded from | ||||||
| 21 | participation as a vendor in a medical assistance | ||||||
| 22 | program in another state that is of the same kind | ||||||
| 23 | as the program of medical assistance provided | ||||||
| 24 | under Article V of this Code, during the time of | ||||||
| 25 | conduct which was the basis for that vendor's | ||||||
| 26 | termination, suspension, or exclusion; or | ||||||
| |||||||
| |||||||
| 1 | (d) was an owner of a sole proprietorship or | ||||||
| 2 | partner in a partnership previously terminated, | ||||||
| 3 | suspended, or excluded from participation as a | ||||||
| 4 | vendor in the Illinois Medical Assistance Program, | ||||||
| 5 | or was previously revoked as an alternate payee in | ||||||
| 6 | the Illinois Medical Assistance Program, or was | ||||||
| 7 | terminated, suspended, or excluded from | ||||||
| 8 | participation as a vendor in a medical assistance | ||||||
| 9 | program in another state that is of the same kind | ||||||
| 10 | as the program of medical assistance provided | ||||||
| 11 | under Article V of this Code, during the time of | ||||||
| 12 | conduct which was the basis for that vendor's | ||||||
| 13 | termination, suspension, or exclusion or alternate | ||||||
| 14 | payee's revocation; or | ||||||
| 15 | (6) the alternate payee, a person with management | ||||||
| 16 | responsibility for an alternate payee, an officer or | ||||||
| 17 | person owning, either directly or indirectly, 5% or | ||||||
| 18 | more of the shares of stock or other evidences of | ||||||
| 19 | ownership in a corporate alternate payee, or a partner | ||||||
| 20 | in a partnership which is an alternate payee: | ||||||
| 21 | (a) has engaged in conduct prohibited by | ||||||
| 22 | applicable federal or State law or regulation | ||||||
| 23 | relating to the Illinois Medical Assistance | ||||||
| 24 | Program; or | ||||||
| 25 | (b) was a person with management | ||||||
| 26 | responsibility for a vendor or alternate payee at | ||||||
| |||||||
| |||||||
| 1 | the time that the vendor or alternate payee engaged | ||||||
| 2 | in practices prohibited by applicable federal or | ||||||
| 3 | State law or regulation relating to the Illinois | ||||||
| 4 | Medical Assistance Program; or | ||||||
| 5 | (c) was an officer, or person owning, either | ||||||
| 6 | directly or indirectly, 5% or more of the shares of | ||||||
| 7 | stock or other evidences of ownership in a vendor | ||||||
| 8 | or alternate payee at the time such vendor or | ||||||
| 9 | alternate payee engaged in practices prohibited by | ||||||
| 10 | applicable federal or State law or regulation | ||||||
| 11 | relating to the Illinois Medical Assistance | ||||||
| 12 | Program; or | ||||||
| 13 | (d) was an owner of a sole proprietorship or | ||||||
| 14 | partner in a partnership which was a vendor or | ||||||
| 15 | alternate payee at the time such vendor or | ||||||
| 16 | alternate payee engaged in practices prohibited by | ||||||
| 17 | applicable federal or State law or regulation | ||||||
| 18 | relating to the Illinois Medical Assistance | ||||||
| 19 | Program; or | ||||||
| 20 | (7) the direct or indirect ownership of the vendor | ||||||
| 21 | or alternate payee (including the ownership of a vendor | ||||||
| 22 | or alternate payee that is a partner's interest in a | ||||||
| 23 | vendor or alternate payee, or ownership of 5% or more | ||||||
| 24 | of the shares of stock or other evidences of ownership | ||||||
| 25 | in a corporate vendor or alternate payee) has been | ||||||
| 26 | transferred by an individual who is terminated, | ||||||
| |||||||
| |||||||
| 1 | suspended, or excluded or barred from participating as | ||||||
| 2 | a vendor or is prohibited or revoked as an alternate | ||||||
| 3 | payee to the individual's spouse, child, brother, | ||||||
| 4 | sister, parent, grandparent, grandchild, uncle, aunt, | ||||||
| 5 | niece, nephew, cousin, or relative by marriage. | ||||||
| 6 | (K) The Illinois Department of Healthcare and Family | ||||||
| 7 | Services may withhold payments, in whole or in part, to a | ||||||
| 8 | provider or alternate payee where there is credible evidence, | ||||||
| 9 | received from State or federal law enforcement or federal | ||||||
| 10 | oversight agencies or from the results of a preliminary | ||||||
| 11 | Department audit, that the circumstances giving rise to the | ||||||
| 12 | need for a withholding of payments may involve fraud or willful | ||||||
| 13 | misrepresentation under the Illinois Medical Assistance | ||||||
| 14 | program. The Department shall by rule define what constitutes | ||||||
| 15 | "credible" evidence for purposes of this subsection. The | ||||||
| 16 | Department may withhold payments without first notifying the | ||||||
| 17 | provider or alternate payee of its intention to withhold such | ||||||
| 18 | payments. A provider or alternate payee may request a | ||||||
| 19 | reconsideration of payment withholding, and the Department | ||||||
| 20 | must grant such a request. The Department shall state by rule a | ||||||
| 21 | process and criteria by which a provider or alternate payee may | ||||||
| 22 | request full or partial release of payments withheld under this | ||||||
| 23 | subsection. This request may be made at any time after the | ||||||
| 24 | Department first withholds such payments. | ||||||
| 25 | (a) The Illinois Department must send notice of its
| ||||||
| 26 | withholding of program payments within 5 days of taking | ||||||
| |||||||
| |||||||
| 1 | such action. The notice must set forth the general | ||||||
| 2 | allegations as to the nature of the withholding action, but | ||||||
| 3 | need not disclose any specific information concerning its | ||||||
| 4 | ongoing investigation. The notice must do all of the | ||||||
| 5 | following: | ||||||
| 6 | (1) State that payments are being withheld in
| ||||||
| 7 | accordance with this subsection. | ||||||
| 8 | (2) State that the withholding is for a temporary
| ||||||
| 9 | period, as stated in paragraph (b) of this
subsection, | ||||||
| 10 | and cite the circumstances under which
withholding | ||||||
| 11 | will be terminated. | ||||||
| 12 | (3) Specify, when appropriate, which type or types
| ||||||
| 13 | of Medicaid claims withholding is effective. | ||||||
| 14 | (4) Inform the provider or alternate payee of the
| ||||||
| 15 | right to submit written evidence for reconsideration | ||||||
| 16 | of the withholding by
the Illinois Department. | ||||||
| 17 | (5) Inform the provider or alternate payee that a | ||||||
| 18 | written request may be made to the Illinois Department | ||||||
| 19 | for full or partial release of withheld payments and | ||||||
| 20 | that such requests may be made at any time after the | ||||||
| 21 | Department first withholds such payments.
| ||||||
| 22 | (b) All withholding-of-payment actions under this
| ||||||
| 23 | subsection shall be temporary and shall not continue after | ||||||
| 24 | any of the following: | ||||||
| 25 | (1) The Illinois Department or the prosecuting
| ||||||
| 26 | authorities determine that there is insufficient
| ||||||
| |||||||
| |||||||
| 1 | evidence of fraud or willful misrepresentation by the
| ||||||
| 2 | provider or alternate payee. | ||||||
| 3 | (2) Legal proceedings related to the provider's or
| ||||||
| 4 | alternate payee's alleged fraud, willful
| ||||||
| 5 | misrepresentation, violations of this Act, or
| ||||||
| 6 | violations of the Illinois Department's administrative
| ||||||
| 7 | rules are completed. | ||||||
| 8 | (3) The withholding of payments for a period of 3 | ||||||
| 9 | years.
| ||||||
| 10 | (c) The Illinois Department may adopt all rules | ||||||
| 11 | necessary
to implement this subsection (K).
| ||||||
| 12 | (K-5) The Illinois Department may withhold payments, in | ||||||
| 13 | whole or in part, to a provider or alternate payee upon | ||||||
| 14 | initiation of an audit, quality of care review, investigation | ||||||
| 15 | when there is a credible allegation of fraud, or the provider | ||||||
| 16 | or alternate payee demonstrating a clear failure to cooperate | ||||||
| 17 | with the Illinois Department such that the circumstances give | ||||||
| 18 | rise to the need for a withholding of payments. As used in this | ||||||
| 19 | subsection, "credible allegation" is defined to include an | ||||||
| 20 | allegation from any source, including, but not limited to, | ||||||
| 21 | fraud hotline complaints, claims data mining, patterns | ||||||
| 22 | identified through provider audits, civil actions filed under | ||||||
| 23 | the Illinois False Claims Act, and law enforcement | ||||||
| 24 | investigations. An allegation is considered to be credible when | ||||||
| 25 | it has indicia of reliability. The Illinois Department may | ||||||
| 26 | withhold payments without first notifying the provider or | ||||||
| |||||||
| |||||||
| 1 | alternate payee of its intention to withhold such payments. A | ||||||
| 2 | provider or alternate payee may request a hearing or a | ||||||
| 3 | reconsideration of payment withholding, and the Illinois | ||||||
| 4 | Department must grant such a request. The Illinois Department | ||||||
| 5 | shall state by rule a process and criteria by which a provider | ||||||
| 6 | or alternate payee may request a hearing or a reconsideration | ||||||
| 7 | for the full or partial release of payments withheld under this | ||||||
| 8 | subsection. This request may be made at any time after the | ||||||
| 9 | Illinois Department first withholds such payments. | ||||||
| 10 | (a) The Illinois Department must send notice of its | ||||||
| 11 | withholding of program payments within 5 days of taking | ||||||
| 12 | such action. The notice must set forth the general | ||||||
| 13 | allegations as to the nature of the withholding action but | ||||||
| 14 | need not disclose any specific information concerning its | ||||||
| 15 | ongoing investigation. The notice must do all of the | ||||||
| 16 | following: | ||||||
| 17 | (1) State that payments are being withheld in | ||||||
| 18 | accordance with this subsection. | ||||||
| 19 | (2) State that the withholding is for a temporary | ||||||
| 20 | period, as stated in paragraph (b) of this subsection, | ||||||
| 21 | and cite the circumstances under which withholding | ||||||
| 22 | will be terminated. | ||||||
| 23 | (3) Specify, when appropriate, which type or types | ||||||
| 24 | of claims are withheld. | ||||||
| 25 | (4) Inform the provider or alternate payee of the | ||||||
| 26 | right to request a hearing or a reconsideration of the | ||||||
| |||||||
| |||||||
| 1 | withholding by the Illinois Department, including the | ||||||
| 2 | ability to submit written evidence. | ||||||
| 3 | (5) Inform the provider or alternate payee that a | ||||||
| 4 | written request may be made to the Illinois Department | ||||||
| 5 | for a hearing or a reconsideration for the full or | ||||||
| 6 | partial release of withheld payments and that such | ||||||
| 7 | requests may be made at any time after the Illinois | ||||||
| 8 | Department first withholds such payments. | ||||||
| 9 | (b) All withholding of payment actions under this | ||||||
| 10 | subsection shall be temporary and shall not continue after | ||||||
| 11 | any of the following: | ||||||
| 12 | (1) The Illinois Department determines that there | ||||||
| 13 | is insufficient evidence of fraud, or the provider or | ||||||
| 14 | alternate payee demonstrates clear cooperation with | ||||||
| 15 | the Illinois Department, as determined by the Illinois | ||||||
| 16 | Department, such that the circumstances do not give | ||||||
| 17 | rise to the need for withholding of payments; or | ||||||
| 18 | (2) The withholding of payments has lasted for a | ||||||
| 19 | period in excess of 3 years. | ||||||
| 20 | (c) The Illinois Department may adopt all rules | ||||||
| 21 | necessary to implement this subsection (K-5). | ||||||
| 22 | (L) The Illinois Department shall establish a protocol to | ||||||
| 23 | enable health care providers to disclose an actual or potential | ||||||
| 24 | violation of this Section pursuant to a self-referral | ||||||
| 25 | disclosure protocol, referred to in this subsection as "the | ||||||
| 26 | protocol". The protocol shall include direction for health care | ||||||
| |||||||
| |||||||
| 1 | providers on a specific person, official, or office to whom | ||||||
| 2 | such disclosures shall be made. The Illinois Department shall | ||||||
| 3 | post information on the protocol on the Illinois Department's | ||||||
| 4 | public website. The Illinois Department may adopt rules | ||||||
| 5 | necessary to implement this subsection (L). In addition to | ||||||
| 6 | other factors that the Illinois Department finds appropriate, | ||||||
| 7 | the Illinois Department may consider a health care provider's | ||||||
| 8 | timely use or failure to use the protocol in considering the | ||||||
| 9 | provider's failure to comply with this Code. | ||||||
| 10 | (M) Notwithstanding any other provision of this Code, the | ||||||
| 11 | Illinois Department, at its discretion, may exempt an entity | ||||||
| 12 | licensed under the Nursing Home Care Act, the ID/DD Community | ||||||
| 13 | Care Act, or the MC/DD Act from the provisions of subsections | ||||||
| 14 | (A-15), (B), and (C) of this Section if the licensed entity is | ||||||
| 15 | in receivership. | ||||||
| 16 | (Source: P.A. 98-214, eff. 8-9-13; 98-550, eff. 8-27-13; | ||||||
| 17 | 98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
| ||||||
| 18 | Section 740. The Housing Authorities Act is amended by | ||||||
| 19 | changing Section 25 as follows:
| ||||||
| 20 | (310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
| ||||||
| 21 | Sec. 25. Rentals and tenant selection. In the operation or | ||||||
| 22 | management
of housing projects an Authority
shall at all times | ||||||
| 23 | observe the following duties with respect to rentals and
tenant | ||||||
| 24 | selection:
| ||||||
| |||||||
| |||||||
| 1 | (a) It shall not accept any person as a tenant in any
| ||||||
| 2 | dwelling in a housing project if the persons who would occupy | ||||||
| 3 | the dwelling
have an aggregate annual income which equals or | ||||||
| 4 | exceeds the amount which
the Authority determines (which | ||||||
| 5 | determination shall be conclusive) to be
necessary in order to | ||||||
| 6 | enable such persons to secure safe, sanitary and
uncongested | ||||||
| 7 | dwelling accommodations within the area of operation of the
| ||||||
| 8 | Authority and to provide an adequate standard of living for | ||||||
| 9 | themselves.
| ||||||
| 10 | (b) It may rent or lease the dwelling accommodations | ||||||
| 11 | therein only at rentals
within the financial reach of persons | ||||||
| 12 | who lack the amount of income which
it determines (pursuant to | ||||||
| 13 | (a) of this Section) to be necessary in order to
obtain safe, | ||||||
| 14 | sanitary and uncongested dwelling accommodations within the
| ||||||
| 15 | area of operation of the Authority and to provide an adequate | ||||||
| 16 | standard of
living.
| ||||||
| 17 | (c) It may rent or lease to a tenant a dwelling consisting | ||||||
| 18 | of the
number of rooms (but no greater number) which it deems | ||||||
| 19 | necessary to provide
safe and sanitary accommodations to the | ||||||
| 20 | proposed occupants thereof, without
overcrowding.
| ||||||
| 21 | (d) It shall not change the residency preference of any | ||||||
| 22 | prospective
tenant once the application has been accepted by | ||||||
| 23 | the authority.
| ||||||
| 24 | (e) It may refuse to certify or recertify applicants, | ||||||
| 25 | current tenants, or
other household members if, after due | ||||||
| 26 | notice
and an impartial hearing, that person or any of the | ||||||
| |||||||
| |||||||
| 1 | proposed occupants of
the dwelling has, prior to or during a | ||||||
| 2 | term of tenancy or occupancy in any
housing
project operated by | ||||||
| 3 | an Authority, been convicted of a criminal offense
relating to | ||||||
| 4 | the sale or distribution of controlled
substances under the
| ||||||
| 5 | laws of this State, the United States or any other state.
If an | ||||||
| 6 | Authority desires a criminal history records check of all 50 | ||||||
| 7 | states
or a 50-state confirmation of a conviction record, the | ||||||
| 8 | Authority shall submit
the fingerprints of the relevant | ||||||
| 9 | applicant, tenant, or other household member
to the Illinois | ||||||
| 10 | Department of State Police in a manner prescribed by the | ||||||
| 11 | Illinois Department of State Police. These
fingerprints shall | ||||||
| 12 | be checked against the fingerprint records now and hereafter
| ||||||
| 13 | filed in the
Illinois Department of State Police and
Federal | ||||||
| 14 | Bureau of Investigation criminal history records databases.
| ||||||
| 15 | The Illinois Department of State Police shall charge a fee
for | ||||||
| 16 | conducting the criminal history records check, which shall be | ||||||
| 17 | deposited in
the State Police Services Fund and shall not | ||||||
| 18 | exceed the actual cost of the
records check. The Illinois | ||||||
| 19 | Department of State Police shall furnish pursuant to
positive | ||||||
| 20 | identification, records of conviction to the Authority.
| ||||||
| 21 | (f) It may, if a tenant has created or maintained a threat
| ||||||
| 22 | constituting a serious and clear danger to the health or safety | ||||||
| 23 | of other
tenants or Authority employees, after 3 days' written | ||||||
| 24 | notice
of termination and without a hearing, file suit against | ||||||
| 25 | any such tenant for
recovery of possession of the premises. The | ||||||
| 26 | tenant shall be given the
opportunity to contest the | ||||||
| |||||||
| |||||||
| 1 | termination in the court proceedings. A serious
and clear | ||||||
| 2 | danger to the health or safety of other tenants or Authority
| ||||||
| 3 | employees shall include, but not be limited to, any of the | ||||||
| 4 | following
activities of the tenant or of any other person on | ||||||
| 5 | the premises with the
consent of the tenant:
| ||||||
| 6 | (1) Physical assault or the threat of physical assault.
| ||||||
| 7 | (2) Illegal use of a firearm or other weapon or the | ||||||
| 8 | threat to use in
an illegal manner a firearm or other | ||||||
| 9 | weapon.
| ||||||
| 10 | (3) Possession of a controlled substance by the tenant | ||||||
| 11 | or any other person
on the premises with the consent of the | ||||||
| 12 | tenant if the tenant knew or should
have known of the | ||||||
| 13 | possession by the other person of a controlled
substance, | ||||||
| 14 | unless the controlled substance was obtained
directly from | ||||||
| 15 | or pursuant to a valid prescription.
| ||||||
| 16 | (4) Streetgang membership as defined in the Illinois
| ||||||
| 17 | Streetgang Terrorism Omnibus Prevention Act.
| ||||||
| 18 | The management of low-rent public housing projects | ||||||
| 19 | financed and developed
under the U.S. Housing Act of 1937 shall
| ||||||
| 20 | be in accordance with that Act.
| ||||||
| 21 | Nothing contained in this Section or any other Section of | ||||||
| 22 | this Act shall
be construed as limiting the power of an | ||||||
| 23 | Authority to vest in a bondholder
or trustee the right, in the | ||||||
| 24 | event of a default by the Authority, to take
possession and | ||||||
| 25 | operate a housing project or cause the appointment of a
| ||||||
| 26 | receiver thereof, free from all restrictions imposed by this | ||||||
| |||||||
| |||||||
| 1 | Section or any
other Section of this Act.
| ||||||
| 2 | (Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
| ||||||
| 3 | Section 745. The Adult Protective Services Act is amended | ||||||
| 4 | by changing Section 3.5 as follows:
| ||||||
| 5 | (320 ILCS 20/3.5) | ||||||
| 6 | Sec. 3.5. Other responsibilities. The Department shall | ||||||
| 7 | also be
responsible for the following activities, contingent | ||||||
| 8 | upon adequate funding; implementation shall be expanded to | ||||||
| 9 | adults with disabilities upon the effective date of this | ||||||
| 10 | amendatory Act of the 98th General Assembly, except those | ||||||
| 11 | responsibilities under subsection (a), which shall be | ||||||
| 12 | undertaken as soon as practicable: | ||||||
| 13 | (a) promotion of a wide range of endeavors for the | ||||||
| 14 | purpose of preventing
abuse, neglect, financial | ||||||
| 15 | exploitation, and self-neglect, including, but not limited | ||||||
| 16 | to, promotion of public
and professional education to | ||||||
| 17 | increase awareness of abuse, neglect,
financial | ||||||
| 18 | exploitation, and self-neglect; to increase reports; to | ||||||
| 19 | establish access to and use of the Registry established | ||||||
| 20 | under Section 7.5; and to improve response by
various | ||||||
| 21 | legal, financial, social, and health systems; | ||||||
| 22 | (b) coordination of efforts with other agencies, | ||||||
| 23 | councils, and like
entities, to include but not be limited | ||||||
| 24 | to, the Administrative Office of the Illinois Courts, the | ||||||
| |||||||
| |||||||
| 1 | Office of the Attorney General,
the Illinois State Police, | ||||||
| 2 | the Illinois Law Enforcement Training Standards
Board, the | ||||||
| 3 | State Triad, the Illinois Criminal Justice Information
| ||||||
| 4 | Authority, the
Departments of Public Health, Healthcare | ||||||
| 5 | and Family Services, and Human Services, the Illinois | ||||||
| 6 | Guardianship and Advocacy Commission, the Family
Violence | ||||||
| 7 | Coordinating Council, the Illinois Violence Prevention | ||||||
| 8 | Authority,
and other
entities which may impact awareness | ||||||
| 9 | of, and response to, abuse, neglect,
financial | ||||||
| 10 | exploitation, and self-neglect; | ||||||
| 11 | (c) collection and analysis of data; | ||||||
| 12 | (d) monitoring of the performance of regional | ||||||
| 13 | administrative agencies and adult protective services
| ||||||
| 14 | agencies; | ||||||
| 15 | (e) promotion of prevention activities; | ||||||
| 16 | (f) establishing and coordinating an aggressive | ||||||
| 17 | training program on the unique
nature of adult abuse cases | ||||||
| 18 | with other agencies, councils, and like entities,
to | ||||||
| 19 | include but not be limited to the Office of the Attorney | ||||||
| 20 | General, the Illinois
State Police, the Illinois Law | ||||||
| 21 | Enforcement Training Standards Board, the
State Triad, the | ||||||
| 22 | Illinois Criminal Justice Information Authority, the State
| ||||||
| 23 | Departments of Public Health, Healthcare and Family | ||||||
| 24 | Services, and Human Services, the Family
Violence | ||||||
| 25 | Coordinating Council, the Illinois Violence Prevention | ||||||
| 26 | Authority,
the agency designated by the Governor under | ||||||
| |||||||
| |||||||
| 1 | Section 1 of the Protection and Advocacy for Persons with | ||||||
| 2 | Developmental Disabilities Act, and other entities that | ||||||
| 3 | may impact awareness of and response to
abuse, neglect, | ||||||
| 4 | financial exploitation, and self-neglect; | ||||||
| 5 | (g) solicitation of financial institutions for the | ||||||
| 6 | purpose of making
information available to the general | ||||||
| 7 | public warning of financial exploitation
of adults and | ||||||
| 8 | related financial fraud or abuse, including such
| ||||||
| 9 | information and warnings available through signage or | ||||||
| 10 | other written
materials provided by the Department on the | ||||||
| 11 | premises of such financial
institutions, provided that the | ||||||
| 12 | manner of displaying or distributing such
information is | ||||||
| 13 | subject to the sole discretion of each financial | ||||||
| 14 | institution;
| ||||||
| 15 | (g-1) developing by joint rulemaking with the | ||||||
| 16 | Department of Financial and Professional Regulation | ||||||
| 17 | minimum training standards which shall be used by financial | ||||||
| 18 | institutions for their current and new employees with | ||||||
| 19 | direct customer contact; the Department of Financial and | ||||||
| 20 | Professional Regulation shall retain sole visitation and | ||||||
| 21 | enforcement authority under this subsection (g-1); the | ||||||
| 22 | Department of Financial and Professional Regulation shall | ||||||
| 23 | provide bi-annual reports to the Department setting forth | ||||||
| 24 | aggregate statistics on the training programs required | ||||||
| 25 | under this subsection (g-1); and | ||||||
| 26 | (h) coordinating efforts with utility and electric | ||||||
| |||||||
| |||||||
| 1 | companies to send
notices in utility bills to
explain to | ||||||
| 2 | persons 60 years of age or older
their rights regarding | ||||||
| 3 | telemarketing and home repair fraud. | ||||||
| 4 | (Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; | ||||||
| 5 | 99-143, eff. 7-27-15.)
| ||||||
| 6 | Section 755. The Abused and Neglected Child Reporting Act | ||||||
| 7 | is amended by changing Sections 7.3, 7.4, and 11.1 as follows:
| ||||||
| 8 | (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
| ||||||
| 9 | Sec. 7.3. (a) The Department shall be the sole agency | ||||||
| 10 | responsible for receiving
and investigating reports of child | ||||||
| 11 | abuse or neglect made under this Act,
including reports of | ||||||
| 12 | adult resident abuse or neglect as defined in this Act, except | ||||||
| 13 | where investigations by other agencies may be required with
| ||||||
| 14 | respect to reports alleging the abuse or neglect of a child by | ||||||
| 15 | a person who is not the child's parent, a member of the child's | ||||||
| 16 | immediate family, a person responsible for the child's welfare, | ||||||
| 17 | an individual residing in the same home as the child, or a | ||||||
| 18 | paramour of the child's parent, the death of a child, serious | ||||||
| 19 | injury to a child
or sexual abuse to a child made pursuant to | ||||||
| 20 | Sections 4.1 or 7 of this Act,
and except that the Department | ||||||
| 21 | may delegate the performance of the
investigation to the | ||||||
| 22 | Illinois Department of State Police, a law enforcement agency
| ||||||
| 23 | and to those private social service agencies which have been | ||||||
| 24 | designated for
this purpose by the Department prior to July 1, | ||||||
| |||||||
| |||||||
| 1 | 1980.
| ||||||
| 2 | (b) Notwithstanding any other provision of this Act, the | ||||||
| 3 | Department shall adopt rules expressly allowing law | ||||||
| 4 | enforcement personnel to investigate reports of suspected | ||||||
| 5 | child abuse or neglect concurrently with the Department, | ||||||
| 6 | without regard to whether the Department determines a report to | ||||||
| 7 | be "indicated" or "unfounded" or deems a report to be | ||||||
| 8 | "undetermined".
| ||||||
| 9 | (c) By June 1, 2016, the Department shall adopt rules that | ||||||
| 10 | address and set forth criteria and standards relevant to | ||||||
| 11 | investigations of reports of abuse or neglect committed by any | ||||||
| 12 | agency, as defined in Section 3 of this Act, or person working | ||||||
| 13 | for an agency responsible for the welfare of a child or adult | ||||||
| 14 | resident. | ||||||
| 15 | (Source: P.A. 101-583, eff. 1-1-20.)
| ||||||
| 16 | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| ||||||
| 17 | Sec. 7.4. (a) The Department shall be capable of receiving | ||||||
| 18 | reports of
suspected child abuse or neglect 24 hours a day, 7 | ||||||
| 19 | days a week. Whenever
the Department receives a report alleging | ||||||
| 20 | that a child is a
truant as defined in Section 26-2a of the | ||||||
| 21 | School Code, as now or hereafter
amended, the Department shall | ||||||
| 22 | notify the superintendent of the school
district in which the | ||||||
| 23 | child resides and the appropriate superintendent of
the | ||||||
| 24 | educational service region. The notification to the | ||||||
| 25 | appropriate
officials by the Department shall not be considered | ||||||
| |||||||
| |||||||
| 1 | an allegation of abuse
or neglect under this Act.
| ||||||
| 2 | (a-5) The Department of Children and Family Services may | ||||||
| 3 | implement a "differential response program" in accordance with | ||||||
| 4 | criteria, standards, and procedures prescribed by rule. The | ||||||
| 5 | program may provide that, upon receiving a report, the | ||||||
| 6 | Department shall determine whether to conduct a family | ||||||
| 7 | assessment or an investigation as appropriate to prevent or | ||||||
| 8 | provide a remedy for child abuse or neglect. | ||||||
| 9 | For purposes of this subsection (a-5), "family assessment" | ||||||
| 10 | means a comprehensive assessment of child safety, risk of | ||||||
| 11 | subsequent child maltreatment, and family strengths and needs | ||||||
| 12 | that is applied to a child maltreatment report that does not | ||||||
| 13 | allege substantial child endangerment. "Family assessment" | ||||||
| 14 | does not include a determination as to whether child | ||||||
| 15 | maltreatment occurred but does determine the need for services | ||||||
| 16 | to address the safety of family members and the risk of | ||||||
| 17 | subsequent maltreatment. | ||||||
| 18 | For purposes of this subsection (a-5), "investigation" | ||||||
| 19 | means fact-gathering related to the current safety of a child | ||||||
| 20 | and the risk of subsequent abuse or neglect that determines | ||||||
| 21 | whether a report of suspected child abuse or neglect should be | ||||||
| 22 | indicated or unfounded and whether child protective services | ||||||
| 23 | are needed. | ||||||
| 24 | Under the "differential response program" implemented | ||||||
| 25 | under this subsection (a-5), the Department: | ||||||
| 26 | (1) Shall conduct an investigation on reports | ||||||
| |||||||
| |||||||
| 1 | involving substantial child abuse or neglect. | ||||||
| 2 | (2) Shall begin an immediate investigation if, at any | ||||||
| 3 | time when it is using a family assessment response, it | ||||||
| 4 | determines that there is reason to believe that substantial | ||||||
| 5 | child abuse or neglect or a serious threat to the child's | ||||||
| 6 | safety exists. | ||||||
| 7 | (3) May conduct a family assessment for reports that do | ||||||
| 8 | not allege substantial child endangerment. In determining | ||||||
| 9 | that a family assessment is appropriate, the Department may | ||||||
| 10 | consider issues, including, but not limited to, child | ||||||
| 11 | safety, parental cooperation, and the need for an immediate | ||||||
| 12 | response. | ||||||
| 13 | (4) Shall promulgate criteria, standards, and | ||||||
| 14 | procedures that shall be applied in making this | ||||||
| 15 | determination, taking into consideration the Child | ||||||
| 16 | Endangerment Risk Assessment Protocol of the Department. | ||||||
| 17 | (5) May conduct a family assessment on a report that | ||||||
| 18 | was initially screened and assigned for an investigation. | ||||||
| 19 | In determining that a complete investigation is not | ||||||
| 20 | required, the Department must document the reason for | ||||||
| 21 | terminating the investigation and notify the local law | ||||||
| 22 | enforcement agency or the Illinois Department of State Police | ||||||
| 23 | if the local law enforcement agency or Illinois Department of | ||||||
| 24 | State Police is conducting a joint investigation. | ||||||
| 25 | Once it is determined that a "family assessment" will be | ||||||
| 26 | implemented, the case shall not be reported to the central | ||||||
| |||||||
| |||||||
| 1 | register of abuse and neglect reports. | ||||||
| 2 | During a family assessment, the Department shall collect | ||||||
| 3 | any available and relevant information to determine child | ||||||
| 4 | safety, risk of subsequent abuse or neglect, and family | ||||||
| 5 | strengths. | ||||||
| 6 | Information collected includes, but is not limited to, when | ||||||
| 7 | relevant: information with regard to the person reporting the | ||||||
| 8 | alleged abuse or neglect, including the nature of the | ||||||
| 9 | reporter's relationship to the child and to the alleged | ||||||
| 10 | offender, and the basis of the reporter's knowledge for the | ||||||
| 11 | report; the child allegedly being abused or neglected; the | ||||||
| 12 | alleged offender; the child's caretaker; and other collateral | ||||||
| 13 | sources having relevant information related to the alleged | ||||||
| 14 | abuse or neglect. Information relevant to the assessment must | ||||||
| 15 | be asked for, and may include: | ||||||
| 16 | (A) The child's sex and age, prior reports of abuse or | ||||||
| 17 | neglect, information relating to developmental | ||||||
| 18 | functioning, credibility of the child's statement, and | ||||||
| 19 | whether the information provided under this paragraph (A) | ||||||
| 20 | is consistent with other information collected during the | ||||||
| 21 | course of the assessment or investigation. | ||||||
| 22 | (B) The alleged offender's age, a record check for | ||||||
| 23 | prior reports of abuse or neglect, and criminal charges and | ||||||
| 24 | convictions. The alleged offender may submit supporting | ||||||
| 25 | documentation relevant to the assessment. | ||||||
| 26 | (C) Collateral source information regarding the | ||||||
| |||||||
| |||||||
| 1 | alleged abuse or neglect and care of the child. Collateral | ||||||
| 2 | information includes, when relevant: (i) a medical | ||||||
| 3 | examination of the child; (ii) prior medical records | ||||||
| 4 | relating to the alleged maltreatment or care of the child | ||||||
| 5 | maintained by any facility, clinic, or health care | ||||||
| 6 | professional, and an interview with the treating | ||||||
| 7 | professionals; and (iii) interviews with the child's | ||||||
| 8 | caretakers, including the child's parent, guardian, foster | ||||||
| 9 | parent, child care provider, teachers, counselors, family | ||||||
| 10 | members, relatives, and other persons who may have | ||||||
| 11 | knowledge regarding the alleged maltreatment and the care | ||||||
| 12 | of the child. | ||||||
| 13 | (D) Information on the existence of domestic abuse and | ||||||
| 14 | violence in the home of the child, and substance abuse. | ||||||
| 15 | Nothing in this subsection (a-5) precludes the Department | ||||||
| 16 | from collecting other relevant information necessary to | ||||||
| 17 | conduct the assessment or investigation. Nothing in this | ||||||
| 18 | subsection (a-5) shall be construed to allow the name or | ||||||
| 19 | identity of a reporter to be disclosed in violation of the | ||||||
| 20 | protections afforded under Section 7.19 of this Act. | ||||||
| 21 | After conducting the family assessment, the Department | ||||||
| 22 | shall determine whether services are needed to address the | ||||||
| 23 | safety of the child and other family members and the risk of | ||||||
| 24 | subsequent abuse or neglect. | ||||||
| 25 | Upon completion of the family assessment, if the Department | ||||||
| 26 | concludes that no services shall be offered, then the case | ||||||
| |||||||
| |||||||
| 1 | shall be closed. If the Department concludes that services | ||||||
| 2 | shall be offered, the Department shall develop a family | ||||||
| 3 | preservation plan and offer or refer services to the family. | ||||||
| 4 | At any time during a family assessment, if the Department | ||||||
| 5 | believes there is any reason to stop the assessment and conduct | ||||||
| 6 | an investigation based on the information discovered, the | ||||||
| 7 | Department shall do so. | ||||||
| 8 | The procedures available to the Department in conducting | ||||||
| 9 | investigations under this Act shall be followed as appropriate | ||||||
| 10 | during a family assessment. | ||||||
| 11 | If the Department implements a differential response | ||||||
| 12 | program authorized under this subsection (a-5), the Department | ||||||
| 13 | shall arrange for an independent evaluation of the program for | ||||||
| 14 | at least the first 3 years of implementation to determine | ||||||
| 15 | whether it is meeting the goals in accordance with Section 2 of | ||||||
| 16 | this Act. | ||||||
| 17 | The Department may adopt administrative rules necessary | ||||||
| 18 | for the execution of this Section, in accordance with Section 4 | ||||||
| 19 | of the Children and Family Services Act. | ||||||
| 20 | The Department shall submit a report to the General | ||||||
| 21 | Assembly by January 15, 2018 on the implementation progress and | ||||||
| 22 | recommendations for additional needed legislative changes.
| ||||||
| 23 | (b)(1) The following procedures shall be followed in the | ||||||
| 24 | investigation
of all reports of suspected abuse or neglect of a | ||||||
| 25 | child, except as provided
in subsection (c) of this Section.
| ||||||
| 26 | (2) If, during a family assessment authorized by subsection | ||||||
| |||||||
| |||||||
| 1 | (a-5) or an investigation, it appears that the immediate safety | ||||||
| 2 | or well-being of a child is
endangered, that the family may | ||||||
| 3 | flee or the child disappear, or that the
facts otherwise so | ||||||
| 4 | warrant, the Child Protective Service Unit shall
commence an | ||||||
| 5 | investigation immediately, regardless of the time of day or
| ||||||
| 6 | night. All other investigations shall be commenced within 24
| ||||||
| 7 | hours of receipt of the report. Upon receipt of a report, the | ||||||
| 8 | Child
Protective Service Unit shall conduct a family assessment | ||||||
| 9 | authorized by subsection (a-5) or begin an initial | ||||||
| 10 | investigation and make an initial
determination whether the | ||||||
| 11 | report is a good faith indication of alleged
child abuse or | ||||||
| 12 | neglect.
| ||||||
| 13 | (3) Based on an initial investigation, if the Unit | ||||||
| 14 | determines the report is a good faith
indication of alleged | ||||||
| 15 | child abuse or neglect, then a formal investigation
shall | ||||||
| 16 | commence and, pursuant to Section 7.12 of this Act, may or may | ||||||
| 17 | not
result in an indicated report. The formal investigation | ||||||
| 18 | shall include:
direct contact with the subject or subjects of | ||||||
| 19 | the report as soon as
possible after the report is received; an
| ||||||
| 20 | evaluation of the environment of the child named in the report | ||||||
| 21 | and any other
children in the same environment; a determination | ||||||
| 22 | of the risk to such
children if they continue to remain in the | ||||||
| 23 | existing environments, as well
as a determination of the | ||||||
| 24 | nature, extent and cause of any condition
enumerated in such | ||||||
| 25 | report; the name, age and condition of other children in
the | ||||||
| 26 | environment; and an evaluation as to whether there would be an
| ||||||
| |||||||
| |||||||
| 1 | immediate and urgent necessity to remove the child from the | ||||||
| 2 | environment if
appropriate family preservation services were | ||||||
| 3 | provided. After seeing to
the safety of the child or children, | ||||||
| 4 | the Department shall
forthwith notify the subjects of the | ||||||
| 5 | report in writing, of the existence
of the report and their | ||||||
| 6 | rights existing under this Act in regard to amendment
or | ||||||
| 7 | expungement. To fulfill the requirements of this Section, the | ||||||
| 8 | Child
Protective Service Unit shall have the capability of | ||||||
| 9 | providing or arranging
for comprehensive emergency services to | ||||||
| 10 | children and families at all times
of the day or night.
| ||||||
| 11 | (4) If (i) at the conclusion of the Unit's initial | ||||||
| 12 | investigation of a
report, the Unit determines the report to be | ||||||
| 13 | a good faith indication of
alleged child abuse or neglect that | ||||||
| 14 | warrants a formal investigation by
the Unit, the Department, | ||||||
| 15 | any law enforcement agency or any other
responsible agency and | ||||||
| 16 | (ii) the person who is alleged to have caused the
abuse or | ||||||
| 17 | neglect is employed or otherwise engaged in an activity | ||||||
| 18 | resulting
in frequent contact with children and the alleged | ||||||
| 19 | abuse or neglect are in
the course of such employment or | ||||||
| 20 | activity, then the Department shall,
except in investigations | ||||||
| 21 | where the Director determines that such
notification would be | ||||||
| 22 | detrimental to the Department's investigation, inform
the | ||||||
| 23 | appropriate supervisor or administrator of that employment or | ||||||
| 24 | activity
that the Unit has commenced a formal investigation | ||||||
| 25 | pursuant to this Act,
which may or may not result in an | ||||||
| 26 | indicated report. The Department shall also
notify the person | ||||||
| |||||||
| |||||||
| 1 | being investigated, unless the Director determines that
such | ||||||
| 2 | notification would be detrimental to the Department's | ||||||
| 3 | investigation.
| ||||||
| 4 | (c) In an investigation of a report of suspected abuse or | ||||||
| 5 | neglect of
a child by a school employee at a school or on | ||||||
| 6 | school grounds, the
Department shall make reasonable efforts to | ||||||
| 7 | follow the following procedures:
| ||||||
| 8 | (1) Investigations involving teachers shall not, to | ||||||
| 9 | the extent possible,
be conducted when the teacher is | ||||||
| 10 | scheduled to conduct classes.
Investigations involving | ||||||
| 11 | other school employees shall be conducted so as to
minimize | ||||||
| 12 | disruption of the school day. The school employee accused | ||||||
| 13 | of
child abuse or neglect may have his superior, his | ||||||
| 14 | association or union
representative and his attorney | ||||||
| 15 | present at any interview or meeting at
which the teacher or | ||||||
| 16 | administrator is present. The accused school employee
| ||||||
| 17 | shall be informed by a representative of the Department, at | ||||||
| 18 | any
interview or meeting, of the accused school employee's | ||||||
| 19 | due process rights
and of the steps in the investigation | ||||||
| 20 | process.
These due
process rights shall also include the | ||||||
| 21 | right of the school employee to
present countervailing | ||||||
| 22 | evidence regarding the accusations. In an investigation in | ||||||
| 23 | which the alleged perpetrator of abuse or neglect is a | ||||||
| 24 | school employee, including, but not limited to, a school | ||||||
| 25 | teacher or administrator, and the recommendation is to | ||||||
| 26 | determine the report to be indicated, in addition to other | ||||||
| |||||||
| |||||||
| 1 | procedures as set forth and defined in Department rules and | ||||||
| 2 | procedures, the employee's due process rights shall also | ||||||
| 3 | include: (i) the right to a copy of the investigation | ||||||
| 4 | summary; (ii) the right to review the specific allegations | ||||||
| 5 | which gave rise to the investigation; and (iii) the right | ||||||
| 6 | to an administrator's teleconference which shall be | ||||||
| 7 | convened to provide the school employee with the | ||||||
| 8 | opportunity to present documentary evidence or other | ||||||
| 9 | information that supports his or her position and to | ||||||
| 10 | provide information before a final finding is entered.
| ||||||
| 11 | (2) If a report of neglect or abuse of a child by a | ||||||
| 12 | teacher or
administrator does not involve allegations of | ||||||
| 13 | sexual abuse or extreme
physical abuse, the Child | ||||||
| 14 | Protective Service Unit shall make reasonable
efforts to | ||||||
| 15 | conduct the initial investigation in coordination with the
| ||||||
| 16 | employee's supervisor.
| ||||||
| 17 | If the Unit determines that the report is a good faith | ||||||
| 18 | indication of
potential child abuse or neglect, it shall | ||||||
| 19 | then commence a formal
investigation under paragraph (3) of | ||||||
| 20 | subsection (b) of this Section.
| ||||||
| 21 | (3) If a report of neglect or abuse of a child by a | ||||||
| 22 | teacher or
administrator involves an allegation of sexual | ||||||
| 23 | abuse or extreme physical
abuse, the Child Protective Unit | ||||||
| 24 | shall commence an investigation under
paragraph (2) of | ||||||
| 25 | subsection (b) of this Section.
| ||||||
| 26 | (c-5) In any instance in which a report is made or caused | ||||||
| |||||||
| |||||||
| 1 | to made by a school district employee involving the conduct of | ||||||
| 2 | a person employed by the school district, at the time the | ||||||
| 3 | report was made, as required under Section 4 of this Act, the | ||||||
| 4 | Child Protective Service Unit shall send a copy of its final | ||||||
| 5 | finding report to the general superintendent of that school | ||||||
| 6 | district.
| ||||||
| 7 | (c-10) The Department may recommend that a school district | ||||||
| 8 | remove a school employee who is the subject of an investigation | ||||||
| 9 | from his or her employment position pending the outcome of the | ||||||
| 10 | investigation; however, all employment decisions regarding | ||||||
| 11 | school personnel shall be the sole responsibility of the school | ||||||
| 12 | district or employer. The Department may not require a school | ||||||
| 13 | district to remove a school employee from his or her employment | ||||||
| 14 | position or limit the school employee's duties pending the | ||||||
| 15 | outcome of an investigation. | ||||||
| 16 | (d) If the Department has contact with an employer, or with | ||||||
| 17 | a religious
institution or religious official having | ||||||
| 18 | supervisory or hierarchical authority
over a member of the | ||||||
| 19 | clergy accused of the abuse of a child,
in the course of its
| ||||||
| 20 | investigation, the Department shall notify the employer or the | ||||||
| 21 | religious
institution or religious official, in writing, when a
| ||||||
| 22 | report is unfounded so that any record of the investigation can | ||||||
| 23 | be expunged
from the employee's or member of the clergy's | ||||||
| 24 | personnel or other
records. The Department shall also notify
| ||||||
| 25 | the employee or the member of the clergy, in writing, that | ||||||
| 26 | notification
has been sent to the employer or to the | ||||||
| |||||||
| |||||||
| 1 | appropriate religious institution or
religious official
| ||||||
| 2 | informing the employer or religious institution or religious | ||||||
| 3 | official that
the
Department's investigation has resulted in
an | ||||||
| 4 | unfounded report.
| ||||||
| 5 | (d-1) Whenever a report alleges that a child was abused or | ||||||
| 6 | neglected while receiving care in a hospital, including a | ||||||
| 7 | freestanding psychiatric hospital licensed by the Department | ||||||
| 8 | of Public Health, the Department shall send a copy of its final | ||||||
| 9 | finding to the Director of Public Health and the Director of | ||||||
| 10 | Healthcare and Family Services. | ||||||
| 11 | (e) Upon request by the Department, the Illinois
Department | ||||||
| 12 | of State Police and law enforcement agencies are
authorized to | ||||||
| 13 | provide criminal history record information
as defined in the | ||||||
| 14 | Illinois Uniform Conviction Information Act and information
| ||||||
| 15 | maintained in
the adjudicatory and dispositional record system | ||||||
| 16 | as defined in Section
2605-355 of the Illinois Department of | ||||||
| 17 | State Police Law (20 ILCS
2605/2605-355) to properly
designated
| ||||||
| 18 | employees of the
Department of Children
and Family Services if | ||||||
| 19 | the Department determines the information is
necessary to | ||||||
| 20 | perform its duties under the Abused and
Neglected Child | ||||||
| 21 | Reporting Act, the Child Care Act of 1969, and the Children and
| ||||||
| 22 | Family Services Act. The
request shall be in the form and | ||||||
| 23 | manner required
by
the Illinois Department of State Police. Any | ||||||
| 24 | information obtained by the Department of
Children
and Family | ||||||
| 25 | Services under this Section is
confidential and may not be | ||||||
| 26 | transmitted outside the Department of Children
and Family | ||||||
| |||||||
| |||||||
| 1 | Services other than to a court of competent jurisdiction or | ||||||
| 2 | unless
otherwise authorized by law.
Any employee of the | ||||||
| 3 | Department of Children and Family Services who transmits
| ||||||
| 4 | confidential information in
violation of this
Section or causes | ||||||
| 5 | the information to be
transmitted in violation of this Section | ||||||
| 6 | is guilty of a Class A
misdemeanor unless the transmittal of
| ||||||
| 7 | the
information is
authorized by this Section or otherwise | ||||||
| 8 | authorized by law.
| ||||||
| 9 | (f) For purposes of this Section, "child abuse or neglect" | ||||||
| 10 | includes abuse or neglect of an adult resident as defined in | ||||||
| 11 | this Act. | ||||||
| 12 | (Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18; | ||||||
| 13 | 100-191, eff. 1-1-18; 100-863, eff. 8-14-18; 101-43, eff. | ||||||
| 14 | 1-1-20.)
| ||||||
| 15 | (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
| ||||||
| 16 | Sec. 11.1. Access to records.
| ||||||
| 17 | (a) A person shall have access to the
records described in | ||||||
| 18 | Section 11 only in furtherance of purposes directly
connected | ||||||
| 19 | with the administration of this Act or the Intergovernmental | ||||||
| 20 | Missing
Child Recovery Act of 1984. Those persons and purposes | ||||||
| 21 | for access include:
| ||||||
| 22 | (1) Department staff in the furtherance of their | ||||||
| 23 | responsibilities under
this Act, or for the purpose of | ||||||
| 24 | completing background investigations on
persons or | ||||||
| 25 | agencies licensed by the Department or with whom the | ||||||
| |||||||
| |||||||
| 1 | Department
contracts for the provision of child welfare | ||||||
| 2 | services.
| ||||||
| 3 | (2) A law enforcement agency investigating known or | ||||||
| 4 | suspected child abuse
or neglect, known or suspected | ||||||
| 5 | involvement with child pornography, known or
suspected | ||||||
| 6 | criminal sexual assault, known or suspected criminal | ||||||
| 7 | sexual abuse, or
any other sexual offense when a child is | ||||||
| 8 | alleged to be involved.
| ||||||
| 9 | (3) The Illinois Department of State Police when | ||||||
| 10 | administering the provisions of
the Intergovernmental | ||||||
| 11 | Missing Child Recovery Act of 1984.
| ||||||
| 12 | (4) A physician who has before him a child whom he | ||||||
| 13 | reasonably
suspects may be abused or neglected.
| ||||||
| 14 | (5) A person authorized under Section 5 of this Act to | ||||||
| 15 | place a child
in temporary protective custody when such | ||||||
| 16 | person requires the
information in the report or record to | ||||||
| 17 | determine whether to place the
child in temporary | ||||||
| 18 | protective custody.
| ||||||
| 19 | (6) A person having the legal responsibility or | ||||||
| 20 | authorization to
care for, treat, or supervise a child, or | ||||||
| 21 | a parent, prospective adoptive parent, foster parent,
| ||||||
| 22 | guardian, or other
person responsible for the child's | ||||||
| 23 | welfare, who is the subject of a report.
| ||||||
| 24 | (7) Except in regard to harmful or detrimental | ||||||
| 25 | information as
provided in Section 7.19, any subject of the | ||||||
| 26 | report, and if the subject of
the report is a minor, his | ||||||
| |||||||
| |||||||
| 1 | guardian or guardian ad litem.
| ||||||
| 2 | (8) A court, upon its finding that access to such | ||||||
| 3 | records may be
necessary for the determination of an issue | ||||||
| 4 | before such court; however,
such access shall be limited to | ||||||
| 5 | in camera inspection, unless the court
determines that | ||||||
| 6 | public disclosure of the information contained therein
is | ||||||
| 7 | necessary for the resolution of an issue then pending | ||||||
| 8 | before it.
| ||||||
| 9 | (8.1) A probation officer or other authorized | ||||||
| 10 | representative of a
probation or court services department | ||||||
| 11 | conducting an investigation ordered
by a court under the | ||||||
| 12 | Juvenile Court Act of 1987.
| ||||||
| 13 | (9) A grand jury, upon its determination that access to | ||||||
| 14 | such records
is necessary in the conduct of its official | ||||||
| 15 | business.
| ||||||
| 16 | (10) Any person authorized by the Director, in writing, | ||||||
| 17 | for audit or
bona fide research purposes.
| ||||||
| 18 | (11) Law enforcement agencies, coroners or medical | ||||||
| 19 | examiners,
physicians, courts, school superintendents and | ||||||
| 20 | child welfare agencies
in other states who are responsible | ||||||
| 21 | for child abuse or neglect
investigations or background | ||||||
| 22 | investigations.
| ||||||
| 23 | (12) The Department of Professional Regulation, the | ||||||
| 24 | State Board of
Education and school superintendents in | ||||||
| 25 | Illinois, who may use or disclose
information from the | ||||||
| 26 | records as they deem necessary to conduct
investigations or | ||||||
| |||||||
| |||||||
| 1 | take disciplinary action, as provided by law.
| ||||||
| 2 | (13) A coroner or medical examiner who has reason to
| ||||||
| 3 | believe that a child has died as the result of abuse or | ||||||
| 4 | neglect.
| ||||||
| 5 | (14) The Director of a State-operated facility when an | ||||||
| 6 | employee of that
facility is the perpetrator in an | ||||||
| 7 | indicated report.
| ||||||
| 8 | (15) The operator of a licensed child care facility or | ||||||
| 9 | a facility licensed
by the Department of Human Services (as | ||||||
| 10 | successor to the Department of
Alcoholism and Substance | ||||||
| 11 | Abuse) in which children reside
when a current or | ||||||
| 12 | prospective employee of that facility is the perpetrator in
| ||||||
| 13 | an indicated child abuse or neglect report, pursuant to | ||||||
| 14 | Section 4.3 of the
Child Care Act of 1969.
| ||||||
| 15 | (16) Members of a multidisciplinary team in the | ||||||
| 16 | furtherance of its
responsibilities under subsection (b) | ||||||
| 17 | of Section 7.1. All reports
concerning child abuse and | ||||||
| 18 | neglect made available to members of such
| ||||||
| 19 | multidisciplinary teams and all records generated as a | ||||||
| 20 | result of such
reports shall be confidential and shall not | ||||||
| 21 | be disclosed, except as
specifically authorized by this Act | ||||||
| 22 | or other applicable law. It is a Class
A misdemeanor to | ||||||
| 23 | permit, assist or encourage the unauthorized release of
any | ||||||
| 24 | information contained in such reports or records. Nothing | ||||||
| 25 | contained in
this Section prevents the sharing of reports | ||||||
| 26 | or records relating or pertaining
to the death of a minor | ||||||
| |||||||
| |||||||
| 1 | under the care of or receiving services from the
Department | ||||||
| 2 | of Children and Family Services and under the jurisdiction | ||||||
| 3 | of the
juvenile court with the juvenile court, the State's | ||||||
| 4 | Attorney, and the minor's
attorney.
| ||||||
| 5 | (17) The Department of Human Services, as provided
in | ||||||
| 6 | Section 17 of the Rehabilitation of Persons with | ||||||
| 7 | Disabilities Act.
| ||||||
| 8 | (18) Any other agency or investigative body, including | ||||||
| 9 | the Department of
Public Health and a local board of | ||||||
| 10 | health, authorized by State law to
conduct an investigation | ||||||
| 11 | into the quality of care provided to children in
hospitals | ||||||
| 12 | and other State regulated care facilities.
| ||||||
| 13 | (19) The person appointed, under Section 2-17 of the | ||||||
| 14 | Juvenile Court
Act of 1987, as the guardian ad litem of a | ||||||
| 15 | minor who is the subject of a
report or
records under this | ||||||
| 16 | Act; or the person appointed, under Section 5-610 of the | ||||||
| 17 | Juvenile Court Act of 1987, as the guardian ad litem of a | ||||||
| 18 | minor who is in the custody or guardianship of the | ||||||
| 19 | Department or who has an open intact family services case | ||||||
| 20 | with the Department and who is the subject of a report or | ||||||
| 21 | records made pursuant to this Act.
| ||||||
| 22 | (20) The Department of Human Services, as provided in | ||||||
| 23 | Section 10 of the
Early
Intervention Services System Act, | ||||||
| 24 | and the operator of a facility providing
early
intervention | ||||||
| 25 | services pursuant to that Act, for the purpose of | ||||||
| 26 | determining
whether a
current or prospective employee who | ||||||
| |||||||
| |||||||
| 1 | provides or may provide direct services
under that
Act is | ||||||
| 2 | the perpetrator in an indicated report of child abuse or | ||||||
| 3 | neglect filed
under this Act.
| ||||||
| 4 | (b) Nothing contained in this Act prevents the sharing or
| ||||||
| 5 | disclosure of information or records relating or pertaining to | ||||||
| 6 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 7 | Offender Comprehensive
Action Program when that information is | ||||||
| 8 | used to assist in the early
identification and treatment of | ||||||
| 9 | habitual juvenile offenders.
| ||||||
| 10 | (c) To the extent that persons or agencies are given access | ||||||
| 11 | to
information pursuant to this Section, those persons or | ||||||
| 12 | agencies may give this
information to and
receive this | ||||||
| 13 | information from each other in order to facilitate an
| ||||||
| 14 | investigation
conducted by those persons or agencies.
| ||||||
| 15 | (Source: P.A. 100-158, eff. 1-1-18; 101-43, eff. 1-1-20.)
| ||||||
| 16 | Section 760. The Intergovernmental Missing Child Recovery | ||||||
| 17 | Act of 1984 is amended by changing Sections 2, 3, 3.5, 3.6, 6, | ||||||
| 18 | and 7 as follows:
| ||||||
| 19 | (325 ILCS 40/2) (from Ch. 23, par. 2252)
| ||||||
| 20 | Sec. 2. As used in this Act: | ||||||
| 21 | (a) (Blank). "Department" means the Department of State | ||||||
| 22 | Police.
| ||||||
| 23 | (b) "Director" means the Director of the Illinois | ||||||
| 24 | Department of State Police.
| ||||||
| |||||||
| |||||||
| 1 | (c) "Unit of local government" is defined as in Article | ||||||
| 2 | VII, Section 1
of the Illinois Constitution and includes both | ||||||
| 3 | home rule units and units
which are not home rule units. The | ||||||
| 4 | term is also defined to include all
public school districts | ||||||
| 5 | subject to the provisions of the School Code.
| ||||||
| 6 | (d) "Child" means a person under 21 years of age.
| ||||||
| 7 | (e) A "LEADS terminal" is an interactive computerized | ||||||
| 8 | communication and
processing unit which permits a direct | ||||||
| 9 | on-line communication with the Illinois
Department of State | ||||||
| 10 | Police's central data repository, the Law Enforcement
Agencies | ||||||
| 11 | Data System (LEADS).
| ||||||
| 12 | (f) A "primary contact agency" means a law enforcement | ||||||
| 13 | agency which
maintains a LEADS terminal, or has immediate | ||||||
| 14 | access to one on a
24-hour-per-day, 7-day-per-week basis by | ||||||
| 15 | written agreement with another law
enforcement agency.
| ||||||
| 16 | (g) (Blank).
| ||||||
| 17 | (h) "Missing child" means any person under 21 years of age | ||||||
| 18 | whose whereabouts
are unknown to his or her parents or legal | ||||||
| 19 | guardian.
| ||||||
| 20 | (i) "Exploitation" means activities and actions which | ||||||
| 21 | include, but are
not limited to, child pornography, aggravated | ||||||
| 22 | child pornography, child prostitution, child sexual abuse,
| ||||||
| 23 | drug and substance abuse by children, and child suicide.
| ||||||
| 24 | (j) (Blank).
| ||||||
| 25 | (Source: P.A. 96-1551, eff. 7-1-11; 97-938, eff. 1-1-13.)
| ||||||
| |||||||
| |||||||
| 1 | (325 ILCS 40/3) (from Ch. 23, par. 2253)
| ||||||
| 2 | Sec. 3.
The Illinois State Police Department shall | ||||||
| 3 | establish a State Missing Persons Clearinghouse as a resource | ||||||
| 4 | to promote an immediate
and effective community response to | ||||||
| 5 | missing children and may engage in,
but shall not be limited | ||||||
| 6 | to, the following activities:
| ||||||
| 7 | (a) To establish and conduct programs to educate parents, | ||||||
| 8 | children and
communities in ways to prevent the abduction of | ||||||
| 9 | children.
| ||||||
| 10 | (b) To conduct training programs and distribute materials | ||||||
| 11 | providing
guidelines for children when dealing with strangers, | ||||||
| 12 | casual acquaintances,
or non-custodial parents, in order to | ||||||
| 13 | avoid abduction or kidnapping situations.
| ||||||
| 14 | (c) To compile, maintain and make available data upon the | ||||||
| 15 | request of law
enforcement agencies and other entities deemed | ||||||
| 16 | appropriate by the Illinois State Police Department
to assist | ||||||
| 17 | enforcement agencies in recovering missing children, including
| ||||||
| 18 | but not limited to data regarding the places of shelter | ||||||
| 19 | commonly used by
runaway children in a requested geographical | ||||||
| 20 | area.
| ||||||
| 21 | (d) To draft and implement plans for the most efficient use | ||||||
| 22 | of available
resources to publicize information regarding | ||||||
| 23 | missing children.
| ||||||
| 24 | (e) To establish and maintain contacts with other state | ||||||
| 25 | missing persons clearinghouses, law
enforcement agencies, and | ||||||
| 26 | missing persons non-profit organizations in order to increase | ||||||
| |||||||
| |||||||
| 1 | the
probability of locating and returning missing children, and | ||||||
| 2 | to otherwise
assist in the recovery and tracking of missing | ||||||
| 3 | children.
| ||||||
| 4 | (f) To coordinate the tracking and recovery of children | ||||||
| 5 | under the custody
or guardianship of the Department of Children | ||||||
| 6 | and Family Services whose
disappearance has been reported and | ||||||
| 7 | to produce an annual report indicating the
number of children | ||||||
| 8 | under the custody or guardianship of that Department who
have | ||||||
| 9 | been reported missing and the number who have been recovered.
| ||||||
| 10 | (g) To conduct other activities as may be necessary
to | ||||||
| 11 | achieve the goals established by this Act.
| ||||||
| 12 | (Source: P.A. 97-938, eff. 1-1-13.)
| ||||||
| 13 | (325 ILCS 40/3.5)
| ||||||
| 14 | Sec. 3.5. Contact with Department of Children and Family | ||||||
| 15 | Services. For
each child reported missing and entered into the | ||||||
| 16 | LEADS network,
the Illinois State Police Department shall, in | ||||||
| 17 | the form and manner it determines, contact the
Department of | ||||||
| 18 | Children and Family Services to provide it with the name, age,
| ||||||
| 19 | and sex of the child, and the geographic area from which the | ||||||
| 20 | child was reported
missing so that the Department of Children | ||||||
| 21 | and Family Services can determine if
that child had been | ||||||
| 22 | abandoned within the previous 2 months.
| ||||||
| 23 | (Source: P.A. 97-938, eff. 1-1-13.)
| ||||||
| 24 | (325 ILCS 40/3.6) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3.6. Department of Children and Family Services; | ||||||
| 2 | missing persons. The Illinois State Police Department shall | ||||||
| 3 | develop and conduct a training advisory for LEADS reporting of | ||||||
| 4 | missing persons when the missing individual, regardless of age, | ||||||
| 5 | is under the care and legal custody of the Department of | ||||||
| 6 | Children and Family Services.
| ||||||
| 7 | (Source: P.A. 99-351, eff. 1-1-16.)
| ||||||
| 8 | (325 ILCS 40/6) (from Ch. 23, par. 2256)
| ||||||
| 9 | Sec. 6. The Illinois State Police Department shall:
| ||||||
| 10 | (a) Establish and maintain a statewide Law Enforcement | ||||||
| 11 | Agencies Data
System (LEADS) for the purpose of effecting an | ||||||
| 12 | immediate law enforcement
response to reports of missing | ||||||
| 13 | children. The Illinois State Police Department shall implement | ||||||
| 14 | an
automated data exchange system to compile, to maintain and | ||||||
| 15 | to make
available for dissemination to Illinois and | ||||||
| 16 | out-of-State law enforcement
agencies, data which can assist | ||||||
| 17 | appropriate agencies in recovering missing
children.
| ||||||
| 18 | (b) Establish contacts and exchange information regarding | ||||||
| 19 | lost, missing or
runaway children with nationally recognized | ||||||
| 20 | "missing person and runaway"
service organizations and monitor | ||||||
| 21 | national research and publicize important
developments.
| ||||||
| 22 | (c) Provide a uniform reporting format for the entry of | ||||||
| 23 | pertinent
information regarding reports of missing children | ||||||
| 24 | into LEADS.
| ||||||
| 25 | (d) Develop and implement a policy whereby a statewide or | ||||||
| |||||||
| |||||||
| 1 | regional alert
would be used in situations relating to the | ||||||
| 2 | disappearances of children,
based on criteria and in a format | ||||||
| 3 | established by the Illinois State Police Department. Such a
| ||||||
| 4 | format shall include, but not be limited to, the age and | ||||||
| 5 | physical description
of the missing child and the suspected | ||||||
| 6 | circumstances of the disappearance.
| ||||||
| 7 | (e) Notify all law enforcement agencies that reports of | ||||||
| 8 | missing persons
shall be entered as soon as the minimum level | ||||||
| 9 | of data specified by the Illinois State Police
Department is | ||||||
| 10 | available to the reporting agency and that no waiting period
| ||||||
| 11 | for entry of such data exists.
| ||||||
| 12 | (f) Provide a procedure for prompt confirmation of the | ||||||
| 13 | receipt and entry of
the missing child report into LEADS to the | ||||||
| 14 | parent or guardian of the missing
child.
| ||||||
| 15 | (g) Compile and retain information regarding missing | ||||||
| 16 | children in a
separate data file, in a manner that allows such | ||||||
| 17 | information to be used by
law enforcement and other agencies | ||||||
| 18 | deemed appropriate by the Director, for
investigative | ||||||
| 19 | purposes. Such files shall be updated to reflect and include
| ||||||
| 20 | information relating to the disposition of the case.
| ||||||
| 21 | (h) Compile and maintain an historic data repository | ||||||
| 22 | relating to missing
children in order (1) to develop and | ||||||
| 23 | improve techniques utilized by law
enforcement agencies when | ||||||
| 24 | responding to reports of missing children and (2)
to provide a | ||||||
| 25 | factual and statistical base for research that would address
| ||||||
| 26 | the problem of missing children.
| ||||||
| |||||||
| |||||||
| 1 | (i) Create a quality control program to monitor timeliness | ||||||
| 2 | of entries of
missing children reports into LEADS and conduct | ||||||
| 3 | performance audits of all
entering agencies.
| ||||||
| 4 | (j) Prepare a periodic information bulletin concerning | ||||||
| 5 | missing children
who it determines may be present in this | ||||||
| 6 | State, compiling such bulletin from
information contained in | ||||||
| 7 | both the National Crime Information Center computer
and from | ||||||
| 8 | reports, alerts and other information entered into LEADS or
| ||||||
| 9 | otherwise compiled and retained by the Illinois State Police | ||||||
| 10 | Department pursuant to this Act. The
bulletin shall indicate | ||||||
| 11 | the name, age, physical description, suspected
circumstances | ||||||
| 12 | of disappearance if that information is available, a photograph
| ||||||
| 13 | if one is available, the name of the law enforcement agency | ||||||
| 14 | investigating the
case, and such other information as the | ||||||
| 15 | Director considers appropriate
concerning each missing child | ||||||
| 16 | who the Illinois State Police Department determines may be | ||||||
| 17 | present in
this State. The Illinois State Police Department | ||||||
| 18 | shall send a copy of each periodic information
bulletin to the | ||||||
| 19 | State Board of Education for its use in accordance with Section
| ||||||
| 20 | 2-3.48 of the School Code. The Illinois State Police Department | ||||||
| 21 | shall provide a copy of the bulletin,
upon request, to law | ||||||
| 22 | enforcement agencies of this or any other state or of the
| ||||||
| 23 | federal government, and may provide a copy of the bulletin, | ||||||
| 24 | upon request, to
other persons or entities, if deemed | ||||||
| 25 | appropriate by the Director, and may
establish limitations on | ||||||
| 26 | its use and a reasonable fee for so providing the
same, except | ||||||
| |||||||
| |||||||
| 1 | that no fee shall be charged for providing the periodic
| ||||||
| 2 | information bulletin to the State Board of Education, | ||||||
| 3 | appropriate units of
local government, State agencies, or law | ||||||
| 4 | enforcement agencies of this or any
other state or of the | ||||||
| 5 | federal government.
| ||||||
| 6 | (k) Provide for the entry into LEADS of the names and | ||||||
| 7 | addresses of sex
offenders as defined in the Sex Offender | ||||||
| 8 | Registration Act who are required to
register under that Act. | ||||||
| 9 | The information shall be immediately accessible to
law | ||||||
| 10 | enforcement agencies and peace officers of this State or any | ||||||
| 11 | other state or
of the federal government. Similar information | ||||||
| 12 | may be requested from any other
state or of the federal | ||||||
| 13 | government for purposes of this Act.
| ||||||
| 14 | (l) Provide for the entry into LEADS of the names and | ||||||
| 15 | addresses of violent offenders against youth as defined in the | ||||||
| 16 | Murderer and Violent Offender Against Youth Registration Act | ||||||
| 17 | who are required to
register under that Act. The information | ||||||
| 18 | shall be immediately accessible to
law enforcement agencies and | ||||||
| 19 | peace officers of this State or any other state or
of the | ||||||
| 20 | federal government. Similar information may be requested from | ||||||
| 21 | any other
state or of the federal government for purposes of | ||||||
| 22 | this Act.
| ||||||
| 23 | (Source: P.A. 97-154, eff. 1-1-12.)
| ||||||
| 24 | (325 ILCS 40/7) (from Ch. 23, par. 2257)
| ||||||
| 25 | Sec. 7.
(a) All law enforcement agencies and policing | ||||||
| |||||||
| |||||||
| 1 | bodies of this
State shall, upon receipt of a report of a | ||||||
| 2 | missing person, enter that
report into LEADS as soon as the | ||||||
| 3 | minimum level of data specified pursuant
to subsection (e) of | ||||||
| 4 | Section 6 is available and shall furnish the Illinois State | ||||||
| 5 | Police
Department, in the form and detail the Illinois State | ||||||
| 6 | Police Department requires, (1) reports of
cases of lost, | ||||||
| 7 | missing or runaway children as they arise and the disposition | ||||||
| 8 | of
such cases, (2) information relating to sex crimes which | ||||||
| 9 | occurred in their
respective jurisdictions and which they | ||||||
| 10 | investigated, and (3) the names and
addresses of sex offenders | ||||||
| 11 | required to register in their
respective jurisdictions under | ||||||
| 12 | the Sex Offender Registration
Act. Such information shall be | ||||||
| 13 | submitted on a regular basis, as deemed
necessary by the | ||||||
| 14 | Illinois State Police Department, and shall be kept in a | ||||||
| 15 | central automated data
repository for the purpose of | ||||||
| 16 | establishing profiles of sex offenders and
victims and to | ||||||
| 17 | assist all law enforcement agencies in the identification and
| ||||||
| 18 | apprehension of sex offenders.
| ||||||
| 19 | (b) In addition to entering the report of a missing child | ||||||
| 20 | into LEADS
as prescribed by subsection (a), all law enforcement | ||||||
| 21 | agencies shall, upon
receipt of a report of a missing child:
| ||||||
| 22 | (1) Immediately make a radio dispatch to officers on | ||||||
| 23 | duty at the time of
receipt of the report. The dispatch | ||||||
| 24 | shall contain the name and approximate
age of the missing | ||||||
| 25 | child and any other pertinent information available at
that | ||||||
| 26 | time. In the event that the law enforcement agency | ||||||
| |||||||
| |||||||
| 1 | receiving the
report of the missing child does not operate | ||||||
| 2 | a radio dispatch system, a
geographically appropriate | ||||||
| 3 | radio dispatch system shall be used, such as the
Illinois | ||||||
| 4 | State Police Emergency Radio Network or a similar | ||||||
| 5 | multi-agency law
enforcement radio communication system | ||||||
| 6 | serving the area of the reporting
agency.
| ||||||
| 7 | In addition, in the event that a missing child is not | ||||||
| 8 | recovered during
the work shift in which the radio dispatch | ||||||
| 9 | was made, the law enforcement
agency receiving the report | ||||||
| 10 | of the missing child shall disseminate the
information | ||||||
| 11 | relating to the missing child to all sworn personnel | ||||||
| 12 | employed
by the agency who work or are assigned to other | ||||||
| 13 | shifts or time periods.
| ||||||
| 14 | (2) Immediately contact State Missing Persons | ||||||
| 15 | Clearinghouse personnel designated by the Illinois State | ||||||
| 16 | Police
Department, by a means and in a manner and form | ||||||
| 17 | prescribed by the Illinois State Police
Department, | ||||||
| 18 | informing the personnel of the report of the missing child.
| ||||||
| 19 | (Source: P.A. 97-938, eff. 1-1-13.)
| ||||||
| 20 | Section 765. The Missing Children Records Act is amended by | ||||||
| 21 | changing Sections 1, 2, 3, 4, and 5 as follows:
| ||||||
| 22 | (325 ILCS 50/1) (from Ch. 23, par. 2281)
| ||||||
| 23 | Sec. 1. Definitions. As used in this Act, unless the | ||||||
| 24 | context requires
otherwise:
| ||||||
| |||||||
| |||||||
| 1 | (a) "Custodian" means the State Registrar of Vital Records, | ||||||
| 2 | local
registrars of vital records appointed by the State | ||||||
| 3 | Registrar and county clerks.
| ||||||
| 4 | (b) (Blank). "Department" means the Illinois Department of | ||||||
| 5 | State Police.
| ||||||
| 6 | (c) "Missing person" means a person 17 years old or younger | ||||||
| 7 | reported to
any law enforcement authority as abducted, lost or | ||||||
| 8 | a runaway.
| ||||||
| 9 | (d) "Registrar" means the State Registrar of Vital Records.
| ||||||
| 10 | (Source: P.A. 84-1430.)
| ||||||
| 11 | (325 ILCS 50/2) (from Ch. 23, par. 2282)
| ||||||
| 12 | Sec. 2. Illinois State Police Department duties. Upon entry | ||||||
| 13 | of a report of a missing person
born in Illinois into the Law | ||||||
| 14 | Enforcement Agencies Data System (LEADS)
established pursuant | ||||||
| 15 | to the Intergovernmental Missing Child Recovery Act of
1984, | ||||||
| 16 | the Illinois State Police Department shall notify the Registrar | ||||||
| 17 | within 5 business days of
the disappearance and shall provide | ||||||
| 18 | the Registrar with information
concerning the identity of the | ||||||
| 19 | missing person. Upon entry of a report of a
missing person born | ||||||
| 20 | in a state other than Illinois into the Law Enforcement
| ||||||
| 21 | Agencies Data System (LEADS), the Illinois State Police | ||||||
| 22 | Department shall notify the registrar, or
other state agency | ||||||
| 23 | responsible for vital records, in that state within 5
business | ||||||
| 24 | days of the disappearance and shall provide such registrar or
| ||||||
| 25 | other agency with information concerning the identity of the | ||||||
| |||||||
| |||||||
| 1 | missing person.
| ||||||
| 2 | If the Illinois State Police Department has reason to | ||||||
| 3 | believe that a missing person has been
enrolled in a specific | ||||||
| 4 | Illinois elementary or secondary school, it shall
notify the | ||||||
| 5 | last such known school as to the disappearance at which time | ||||||
| 6 | the
school shall flag the missing child's record pursuant to | ||||||
| 7 | Section 5.
| ||||||
| 8 | Upon learning of the recovery of a missing person, the | ||||||
| 9 | Illinois State Police Department shall
so notify the Registrar | ||||||
| 10 | and any school previously informed of the person's
| ||||||
| 11 | disappearance.
| ||||||
| 12 | The Illinois State Police Department shall by rule | ||||||
| 13 | determine the manner and form of notices and
information | ||||||
| 14 | required by this Act.
| ||||||
| 15 | (Source: P.A. 84-1430.)
| ||||||
| 16 | (325 ILCS 50/3) (from Ch. 23, par. 2283)
| ||||||
| 17 | Sec. 3. Registrar duties. Upon notification by the Illinois | ||||||
| 18 | State Police Department that a
person born in this State is | ||||||
| 19 | missing, the Registrar shall flag the birth
certificate record | ||||||
| 20 | of that person in such a manner that whenever a copy of
the | ||||||
| 21 | birth certificate or information regarding the birth record is
| ||||||
| 22 | requested, the Registrar shall be alerted to the fact that the | ||||||
| 23 | certificate
is that of a missing person. The Registrar shall | ||||||
| 24 | also notify the
appropriate municipality or county custodians | ||||||
| 25 | to likewise flag their
records. Upon notification by the | ||||||
| |||||||
| |||||||
| 1 | Illinois State Police Department that the missing person has
| ||||||
| 2 | been recovered, the Registrar shall remove the flag from the | ||||||
| 3 | person's birth
certificate record and shall notify any other | ||||||
| 4 | previously notified
municipality or county custodian to remove | ||||||
| 5 | the flag from his record.
| ||||||
| 6 | (Source: P.A. 84-1430.)
| ||||||
| 7 | (325 ILCS 50/4) (from Ch. 23, par. 2284)
| ||||||
| 8 | Sec. 4. Custodian duties. (a) In response to any inquiry, a
| ||||||
| 9 | custodian shall not provide a copy of a birth certificate or | ||||||
| 10 | information
concerning the birth record of any person whose | ||||||
| 11 | record is flagged
pursuant to Section 3 except as approved by | ||||||
| 12 | the Illinois State Police Department.
| ||||||
| 13 | (b) When a copy of the birth certificate of a person whose | ||||||
| 14 | record has
been flagged is requested in person, the custodian's | ||||||
| 15 | personnel accepting
the request shall immediately notify his | ||||||
| 16 | supervisor. The custodian's
personnel shall then follow | ||||||
| 17 | procedures prescribed by the Illinois State Police Department | ||||||
| 18 | to
clearly ascertain the identity of the person making the | ||||||
| 19 | request, his
address and his physical description. Such | ||||||
| 20 | procedures shall include
requiring the person making the | ||||||
| 21 | request to complete a standardized
information form and to | ||||||
| 22 | present at least one form of photo identification.
The | ||||||
| 23 | custodian's personnel shall inform the person making the | ||||||
| 24 | request that a
copy of the certificate shall be mailed to him, | ||||||
| 25 | and, upon the
latter's departure from the custodian's office, | ||||||
| |||||||
| |||||||
| 1 | his supervisor shall
immediately notify the Illinois State | ||||||
| 2 | Police Department or the local law enforcement authority as
to | ||||||
| 3 | the request and the information obtained pursuant to this | ||||||
| 4 | subsection.
The custodian shall retain the form completed by | ||||||
| 5 | the person making the request.
| ||||||
| 6 | (c) When a copy of the birth certificate of a person whose | ||||||
| 7 | record has
been flagged is requested in writing, the | ||||||
| 8 | custodian's personnel receiving the
request shall immediately | ||||||
| 9 | notify his supervisor. The supervisor shall
immediately notify | ||||||
| 10 | the Illinois State Police Department or local law enforcement | ||||||
| 11 | authority as to
the request and shall provide a copy of the | ||||||
| 12 | written request. The custodian
shall retain the original | ||||||
| 13 | written request.
| ||||||
| 14 | (Source: P.A. 84-1430.)
| ||||||
| 15 | (325 ILCS 50/5) (from Ch. 23, par. 2285)
| ||||||
| 16 | Sec. 5. Duties of school or other entity. | ||||||
| 17 | (a) Upon notification by the Illinois State Police | ||||||
| 18 | Department of a
person's disappearance, a school, preschool | ||||||
| 19 | educational program, child care facility, or day care home or | ||||||
| 20 | group day care home in which the person is currently or was
| ||||||
| 21 | previously enrolled shall flag the record of that person in | ||||||
| 22 | such a manner
that whenever a copy of or information regarding | ||||||
| 23 | the record is requested,
the school or other entity shall be | ||||||
| 24 | alerted to the fact that the record is that of a
missing | ||||||
| 25 | person. The school or other entity shall immediately report to | ||||||
| |||||||
| |||||||
| 1 | the Illinois State Police
Department any request concerning | ||||||
| 2 | flagged records or knowledge
as to the whereabouts of any | ||||||
| 3 | missing person. Upon notification by the Illinois State Police
| ||||||
| 4 | Department that the missing person has been recovered, the | ||||||
| 5 | school or other entity
shall
remove the flag from the person's | ||||||
| 6 | record.
| ||||||
| 7 | (b) (1) For every child enrolled in a particular
elementary | ||||||
| 8 | or secondary school, public or private preschool educational | ||||||
| 9 | program, public or private child care facility licensed under | ||||||
| 10 | the Child Care Act of 1969, or day care home or group day care | ||||||
| 11 | home licensed under the Child Care Act of 1969, that school or | ||||||
| 12 | other entity shall notify in writing the
person enrolling the | ||||||
| 13 | child that within 30 days he must provide either (i)
a | ||||||
| 14 | certified copy of the child's birth certificate or (ii) other | ||||||
| 15 | reliable
proof, as determined by the Illinois State Police | ||||||
| 16 | Department, of the child's identity and age
and an affidavit | ||||||
| 17 | explaining the inability to produce a copy of the birth
| ||||||
| 18 | certificate. Other reliable proof of the child's identity and | ||||||
| 19 | age shall
include a passport, visa or other governmental | ||||||
| 20 | documentation of the child's
identity. When the person | ||||||
| 21 | enrolling the child provides the school or other entity with a | ||||||
| 22 | certified copy of the child's birth certificate, the school or | ||||||
| 23 | other entity shall promptly make a copy of the certified copy | ||||||
| 24 | for its records and return the original certified copy to the | ||||||
| 25 | person enrolling the child. Once a school or other entity has | ||||||
| 26 | been provided with a certified copy of a child's birth | ||||||
| |||||||
| |||||||
| 1 | certificate as required under item (i) of this subdivision | ||||||
| 2 | (b)(1), the school or other entity need not request another | ||||||
| 3 | such certified copy with respect to that child for any other | ||||||
| 4 | year in which the child is enrolled in that school or other | ||||||
| 5 | entity.
| ||||||
| 6 | (2) Upon the failure of a person enrolling a child
to
| ||||||
| 7 | comply with subsection (b) (1), the school or other entity
| ||||||
| 8 | shall immediately notify the Illinois State Police
Department | ||||||
| 9 | or local law enforcement agency of such failure, and shall
| ||||||
| 10 | notify the person enrolling the child in writing that he has 10
| ||||||
| 11 | additional days to comply.
| ||||||
| 12 | (3) The school or other entity shall immediately report to | ||||||
| 13 | the Illinois State Police Department any affidavit
received | ||||||
| 14 | pursuant to this subsection which appears inaccurate or | ||||||
| 15 | suspicious
in form or content.
| ||||||
| 16 | (c) Within 14 days after enrolling a transfer student, the | ||||||
| 17 | elementary or
secondary school shall request directly from the | ||||||
| 18 | student's previous school
a certified copy of his record. The | ||||||
| 19 | requesting school shall exercise due
diligence in obtaining the | ||||||
| 20 | copy of the record requested. Any elementary
or secondary | ||||||
| 21 | school requested to forward a copy of a transferring student's
| ||||||
| 22 | record to the new school shall comply within 10 days of receipt | ||||||
| 23 | of the
request unless the record has been flagged pursuant to | ||||||
| 24 | subsection (a), in
which case the copy shall not be forwarded | ||||||
| 25 | and the requested school shall
notify the Illinois State Police | ||||||
| 26 | Department or local law enforcement authority of the request.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 95-439, eff. 1-1-08; 95-793, eff. 8-8-08.)
| ||||||
| 2 | Section 770. The Missing Children Registration Law is | ||||||
| 3 | amended by changing Sections 1, 2, 3, 4, 5, and 6 as follows:
| ||||||
| 4 | (325 ILCS 55/1) (from Ch. 23, par. 2271)
| ||||||
| 5 | Sec. 1. Definitions. As used in this Article, unless the | ||||||
| 6 | context requires otherwise:
| ||||||
| 7 | (a) "Custodian" means the State Registrar of Vital Records, | ||||||
| 8 | local
registrars of vital records appointed by the State | ||||||
| 9 | Registrar and county clerks.
| ||||||
| 10 | (b) (Blank). "Department" means the Illinois Department of | ||||||
| 11 | State Police.
| ||||||
| 12 | (c) "Missing child" means a person under the age of 18 | ||||||
| 13 | years, reported to
any law enforcement authority as abducted, | ||||||
| 14 | lost or a runaway,
whose identity is entered into the Law | ||||||
| 15 | Enforcement Agencies Data System.
| ||||||
| 16 | (d) "Registrar" means the State Registrar of Vital Records.
| ||||||
| 17 | (Source: P.A. 84-1279.)
| ||||||
| 18 | (325 ILCS 55/2) (from Ch. 23, par. 2272)
| ||||||
| 19 | Sec. 2. Illinois State Police Department duties. Upon entry | ||||||
| 20 | of a report of a missing
child born in Illinois into the Law | ||||||
| 21 | Enforcement Agencies Data System,
the Illinois State Police | ||||||
| 22 | Department shall notify the Registrar of the disappearance and
| ||||||
| 23 | shall provide the Registrar with information concerning the | ||||||
| |||||||
| |||||||
| 1 | identity of the
missing child.
| ||||||
| 2 | If the Illinois State Police Department has reason to | ||||||
| 3 | believe that a missing child may be
enrolled in an Illinois | ||||||
| 4 | elementary or secondary school, it shall
notify the last such | ||||||
| 5 | known school as to the disappearance,
at which time the school | ||||||
| 6 | shall flag the missing child's record pursuant to
Section 5.
| ||||||
| 7 | Upon learning of the recovery of a missing child, the | ||||||
| 8 | Illinois State Police Department shall
so notify the Registrar.
| ||||||
| 9 | The Illinois State Police Department shall by rule | ||||||
| 10 | determine the manner and form of notices and
information | ||||||
| 11 | required by this Article.
| ||||||
| 12 | (Source: P.A. 84-1279.)
| ||||||
| 13 | (325 ILCS 55/3) (from Ch. 23, par. 2273)
| ||||||
| 14 | Sec. 3. Registrar duties. Upon notification by the Illinois | ||||||
| 15 | State Police Department that a
person under the age of 18 years | ||||||
| 16 | who was born in this State is missing,
the Registrar shall flag | ||||||
| 17 | the birth certificate record of that person in
such a manner | ||||||
| 18 | that whenever a copy of
the birth certificate or information | ||||||
| 19 | regarding the birth record is
requested, the Registrar shall be | ||||||
| 20 | alerted to the fact that the certificate
is that of a missing | ||||||
| 21 | child. The Registrar shall also notify the
appropriate city or | ||||||
| 22 | county custodian to likewise flag his records. Upon
| ||||||
| 23 | notification by the Illinois State Police
Department that the | ||||||
| 24 | missing child has been recovered, the Registrar shall
remove | ||||||
| 25 | the flag from the person's birth certificate record and shall
| ||||||
| |||||||
| |||||||
| 1 | notify any other previously notified city or county custodian | ||||||
| 2 | to remove the
flag from his record.
| ||||||
| 3 | (Source: P.A. 84-1279.)
| ||||||
| 4 | (325 ILCS 55/4) (from Ch. 23, par. 2274)
| ||||||
| 5 | Sec. 4. Custodian duties. (a) In response to any inquiry, a
| ||||||
| 6 | custodian shall not provide a copy of a birth certificate or | ||||||
| 7 | information
concerning the birth record of any person whose | ||||||
| 8 | record is flagged
pursuant to Section 3 except as approved by | ||||||
| 9 | the Illinois State Police Department.
| ||||||
| 10 | (b) When a copy of the birth certificate of a person whose | ||||||
| 11 | record has
been flagged is requested in person, the custodian's | ||||||
| 12 | personnel accepting
the request shall immediately notify his | ||||||
| 13 | supervisor. The person making the
request shall complete a form | ||||||
| 14 | as prescribed by the Illinois State Police Department, which | ||||||
| 15 | may
include the name, address, telephone number and social | ||||||
| 16 | security number of the
person making the request, his or her | ||||||
| 17 | relationship to the missing child and
the name, address and | ||||||
| 18 | birth date of the missing child. The driver's
license of the | ||||||
| 19 | person making the request, if available, shall be
photocopied | ||||||
| 20 | and returned to him. He shall be informed that a copy of the
| ||||||
| 21 | certificate shall be mailed to him. The custodian's personnel | ||||||
| 22 | shall note
the physical description of the person making the | ||||||
| 23 | request, and, upon the
latter's departure from the custodian's | ||||||
| 24 | office, his supervisor shall
immediately notify the local law | ||||||
| 25 | enforcement authority as to the request and
the information | ||||||
| |||||||
| |||||||
| 1 | obtained pursuant to this subsection. The custodian shall
| ||||||
| 2 | retain the form completed by the person making the request.
| ||||||
| 3 | (c) When a copy of the birth certificate of a person whose | ||||||
| 4 | record has
been flagged is requested in writing, the | ||||||
| 5 | custodian's personnel receiving the
request shall immediately | ||||||
| 6 | notify his supervisor. The supervisor shall
immediately notify | ||||||
| 7 | the local law enforcement authority as to the request and
shall | ||||||
| 8 | provide a copy of the written request. The custodian shall | ||||||
| 9 | retain the
original written request.
| ||||||
| 10 | (Source: P.A. 84-1279.)
| ||||||
| 11 | (325 ILCS 55/5) (from Ch. 23, par. 2275)
| ||||||
| 12 | Sec. 5. School duties. (a) Upon notification by the | ||||||
| 13 | Illinois State Police Department of a
child's disappearance, a | ||||||
| 14 | school in which the child is currently or was
previously | ||||||
| 15 | enrolled shall flag the record of that child in such a manner
| ||||||
| 16 | that whenever a copy of or information regarding the record is | ||||||
| 17 | requested,
the school shall be alerted to the fact that the | ||||||
| 18 | record is that of a
missing child. The school shall immediately | ||||||
| 19 | report to the local law
enforcement authority any request | ||||||
| 20 | concerning flagged records or knowledge
as to the whereabouts | ||||||
| 21 | of any missing child. Upon notification by the Illinois State | ||||||
| 22 | Police
Department that the missing child has been recovered, | ||||||
| 23 | the school shall
remove the flag from the person's record.
| ||||||
| 24 | (b) Upon enrollment of a student for the first time in a | ||||||
| 25 | particular
elementary or secondary school, that school shall | ||||||
| |||||||
| |||||||
| 1 | notify in writing the
person enrolling the student that within | ||||||
| 2 | 30 days he must provide either (1)
a certified copy of the | ||||||
| 3 | student's birth certificate or (2) other reliable
proof, as | ||||||
| 4 | determined by the Illinois State Police Department,
of the | ||||||
| 5 | student's identity and age, and an affidavit explaining the
| ||||||
| 6 | inability to produce a copy of the birth certificate.
| ||||||
| 7 | Upon the failure of a person enrolling a student to comply | ||||||
| 8 | with this
subsection, the school shall
immediately notify the | ||||||
| 9 | local law enforcement agency and shall also
notify the person | ||||||
| 10 | enrolling the student in writing that, unless he
complies | ||||||
| 11 | within 10 days, the case shall be referred to the local law
| ||||||
| 12 | enforcement authority for investigation. If compliance is not | ||||||
| 13 | obtained
within that 10 day period, the school shall so refer | ||||||
| 14 | the case.
| ||||||
| 15 | The school shall immediately report to the local law | ||||||
| 16 | enforcement authority
any affidavit received pursuant to this | ||||||
| 17 | subsection which appears inaccurate
or suspicious in form or | ||||||
| 18 | content.
| ||||||
| 19 | (c) Within 14 days after enrolling a transfer student, the | ||||||
| 20 | elementary or
secondary school shall request directly from the | ||||||
| 21 | student's previous school
a certified copy of his record. The | ||||||
| 22 | requesting school shall exercise due
diligence in obtaining the | ||||||
| 23 | copy of the record requested. Any elementary
or secondary | ||||||
| 24 | school requested to forward a copy of a transferring student's
| ||||||
| 25 | record to the new school shall comply within 10 days of receipt | ||||||
| 26 | of such
request unless the record has been flagged pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsection (a), in
which case the copy shall not be forwarded | ||||||
| 2 | and the requested school shall
notify the local law enforcement | ||||||
| 3 | authority of the request.
| ||||||
| 4 | (Source: P.A. 84-1279.)
| ||||||
| 5 | (325 ILCS 55/6) (from Ch. 23, par. 2276)
| ||||||
| 6 | Sec. 6. Local law enforcement duties. Any local law | ||||||
| 7 | enforcement
authority notified pursuant to this Article of the | ||||||
| 8 | request for the birth
certificate or school record of or other | ||||||
| 9 | information concerning a missing
child shall immediately | ||||||
| 10 | notify the Illinois State Police Department of such request and | ||||||
| 11 | shall
investigate the request.
| ||||||
| 12 | (Source: P.A. 84-1279.)
| ||||||
| 13 | Section 815. The Mental Health and Developmental | ||||||
| 14 | Disabilities Code is amended by changing Sections 6-103.1, | ||||||
| 15 | 6-103.2, and 6-103.3 as follows:
| ||||||
| 16 | (405 ILCS 5/6-103.1) | ||||||
| 17 | Sec. 6-103.1. Adjudication as a person with a mental | ||||||
| 18 | disability. When a person has been adjudicated as a person with | ||||||
| 19 | a mental disability as defined in Section 1.1 of the Firearm | ||||||
| 20 | Owners Identification Card Act, including, but not limited to, | ||||||
| 21 | an adjudication as a person with a disability as defined in | ||||||
| 22 | Section 11a-2 of the Probate Act of 1975, the court shall | ||||||
| 23 | direct
the circuit court clerk to notify the
Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State Police, Firearm Owner's Identification
| ||||||
| 2 | (FOID) Office, in a form and manner prescribed by the Illinois | ||||||
| 3 | Department of State Police, and shall forward a copy of the | ||||||
| 4 | court order to the Department no later than 7 days after the | ||||||
| 5 | entry of the order. Upon receipt of the order, the Illinois | ||||||
| 6 | Department of State Police shall provide notification to the | ||||||
| 7 | National Instant Criminal Background Check System.
| ||||||
| 8 | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| ||||||
| 9 | (405 ILCS 5/6-103.2) | ||||||
| 10 | Sec. 6-103.2. Developmental disability; notice. If a | ||||||
| 11 | person 14 years old or older is determined to be a person with | ||||||
| 12 | a developmental disability by a physician, clinical | ||||||
| 13 | psychologist, or qualified examiner, the physician, clinical | ||||||
| 14 | psychologist, or qualified examiner shall notify the | ||||||
| 15 | Department of Human Services within 7 days of making the | ||||||
| 16 | determination that the person has a developmental disability. | ||||||
| 17 | The Department of Human Services shall immediately update its | ||||||
| 18 | records and information relating to mental health and | ||||||
| 19 | developmental disabilities, and if appropriate, shall notify | ||||||
| 20 | the Illinois Department of State Police in a form and manner | ||||||
| 21 | prescribed by the Illinois Department of State Police. | ||||||
| 22 | Information disclosed under this Section shall remain | ||||||
| 23 | privileged and confidential, and shall not be redisclosed, | ||||||
| 24 | except as required under subsection (e) of Section 3.1 of the | ||||||
| 25 | Firearm Owners Identification Card Act, nor used for any other | ||||||
| |||||||
| |||||||
| 1 | purpose. The method of providing this information shall | ||||||
| 2 | guarantee that the information is not released beyond that | ||||||
| 3 | which is necessary for the purpose of this Section and shall be | ||||||
| 4 | provided by rule by the Department of Human Services. The | ||||||
| 5 | identity of the person reporting under this Section shall not | ||||||
| 6 | be disclosed to the subject of the report. | ||||||
| 7 | The physician, clinical psychologist, or qualified | ||||||
| 8 | examiner making the determination and his or her employer may | ||||||
| 9 | not be held criminally, civilly, or professionally liable for | ||||||
| 10 | making or not making the notification required under this | ||||||
| 11 | Section, except for willful or wanton misconduct.
| ||||||
| 12 | For purposes of this Section, "developmental disability" | ||||||
| 13 | means a disability which is attributable to any other condition | ||||||
| 14 | which results in impairment similar to that caused by an | ||||||
| 15 | intellectual disability and which requires services similar to | ||||||
| 16 | those required by intellectually disabled persons. The | ||||||
| 17 | disability must originate before the age of 18 years, be | ||||||
| 18 | expected to continue indefinitely, and constitute a | ||||||
| 19 | substantial disability. This disability results, in the | ||||||
| 20 | professional opinion of a physician, clinical psychologist, or | ||||||
| 21 | qualified examiner, in significant functional limitations in 3 | ||||||
| 22 | or more of the following areas of major life activity: | ||||||
| 23 | (i) self-care; | ||||||
| 24 | (ii) receptive and expressive language; | ||||||
| 25 | (iii) learning; | ||||||
| 26 | (iv) mobility; or | ||||||
| |||||||
| |||||||
| 1 | (v) self-direction. | ||||||
| 2 | "Determined to be a person with a developmental disability | ||||||
| 3 | by a physician, clinical psychologist, or qualified examiner" | ||||||
| 4 | means in the professional opinion of the physician, clinical | ||||||
| 5 | psychologist, or qualified examiner, a person is diagnosed, | ||||||
| 6 | assessed, or evaluated as having a developmental disability. | ||||||
| 7 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
| 8 | eff. 7-27-15; 99-642, eff. 7-28-16.)
| ||||||
| 9 | (405 ILCS 5/6-103.3) | ||||||
| 10 | Sec. 6-103.3. Clear and present danger; notice. If a person | ||||||
| 11 | is determined to pose a clear and present danger to himself, | ||||||
| 12 | herself, or to others by a physician, clinical psychologist, or | ||||||
| 13 | qualified examiner, whether employed by the State, by any | ||||||
| 14 | public or private mental health facility or part thereof, or by | ||||||
| 15 | a law enforcement official or a school administrator, then the | ||||||
| 16 | physician, clinical psychologist, qualified examiner shall | ||||||
| 17 | notify the Department of Human Services and a law enforcement | ||||||
| 18 | official or school administrator shall notify the Illinois | ||||||
| 19 | Department of State Police, within 24 hours of making the | ||||||
| 20 | determination that the person poses a clear and present danger. | ||||||
| 21 | The Department of Human Services shall immediately update its | ||||||
| 22 | records and information relating to mental health and | ||||||
| 23 | developmental disabilities, and if appropriate, shall notify | ||||||
| 24 | the Illinois Department of State Police in a form and manner | ||||||
| 25 | prescribed by the Illinois Department of State Police. | ||||||
| |||||||
| |||||||
| 1 | Information disclosed under this Section shall remain | ||||||
| 2 | privileged and confidential, and shall not be redisclosed, | ||||||
| 3 | except as required under subsection (e) of Section 3.1 of the | ||||||
| 4 | Firearm Owners Identification Card Act, nor used for any other | ||||||
| 5 | purpose. The method of providing this information shall | ||||||
| 6 | guarantee that the information is not released beyond that | ||||||
| 7 | which is necessary for the purpose of this Section and shall be | ||||||
| 8 | provided by rule by the Department of Human Services. The | ||||||
| 9 | identity of the person reporting under this Section shall not | ||||||
| 10 | be disclosed to the subject of the report. The physician, | ||||||
| 11 | clinical psychologist, qualified examiner, law enforcement | ||||||
| 12 | official, or school administrator making the determination and | ||||||
| 13 | his or her employer shall not be held criminally, civilly, or | ||||||
| 14 | professionally liable for making or not making the notification | ||||||
| 15 | required under this Section, except for willful or wanton | ||||||
| 16 | misconduct. This Section does not apply to a law enforcement | ||||||
| 17 | official, if making the notification under this Section will | ||||||
| 18 | interfere with an ongoing or pending criminal investigation. | ||||||
| 19 | For the purposes of this Section: | ||||||
| 20 | "Clear and present danger" has the meaning ascribed to | ||||||
| 21 | it in Section 1.1 of the Firearm Owners Identification Card | ||||||
| 22 | Act. | ||||||
| 23 | "Determined to pose a clear and present danger to | ||||||
| 24 | himself, herself, or to others by a physician, clinical | ||||||
| 25 | psychologist, or qualified examiner" means in the | ||||||
| 26 | professional opinion of the physician, clinical | ||||||
| |||||||
| |||||||
| 1 | psychologist, or qualified examiner, a person poses a clear | ||||||
| 2 | and present danger. | ||||||
| 3 | "School administrator" means the person required to | ||||||
| 4 | report under the School Administrator Reporting of Mental | ||||||
| 5 | Health Clear and Present Danger Determinations Law.
| ||||||
| 6 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
| ||||||
| 7 | Section 820. The Sexual Assault Survivors Emergency | ||||||
| 8 | Treatment Act is amended by changing Sections 1a, 5, 6.4, and | ||||||
| 9 | 9.5 as follows:
| ||||||
| 10 | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| ||||||
| 11 | Sec. 1a. Definitions. In this Act:
| ||||||
| 12 | "Advanced practice registered nurse" has the meaning | ||||||
| 13 | provided in Section 50-10 of the Nurse Practice Act. | ||||||
| 14 | "Ambulance provider" means an individual or entity that | ||||||
| 15 | owns and operates a business or service using ambulances or | ||||||
| 16 | emergency medical services vehicles to transport emergency | ||||||
| 17 | patients.
| ||||||
| 18 | "Approved pediatric health care facility" means a health | ||||||
| 19 | care facility, other than a hospital, with a sexual assault | ||||||
| 20 | treatment plan approved by the Department to provide medical | ||||||
| 21 | forensic services to pediatric sexual assault survivors who | ||||||
| 22 | present with a complaint of sexual assault within a minimum of | ||||||
| 23 | the last 7 days or who have disclosed past sexual assault by a | ||||||
| 24 | specific individual and were in the care of that individual | ||||||
| |||||||
| |||||||
| 1 | within a minimum of the last 7 days. | ||||||
| 2 | "Areawide sexual assault treatment plan" means a plan, | ||||||
| 3 | developed by hospitals or by hospitals and approved pediatric | ||||||
| 4 | health care facilities in a community or area to be served, | ||||||
| 5 | which provides for medical forensic services to sexual assault | ||||||
| 6 | survivors that shall be made available by each of the | ||||||
| 7 | participating hospitals and approved pediatric health care | ||||||
| 8 | facilities.
| ||||||
| 9 | "Board-certified child abuse pediatrician" means a | ||||||
| 10 | physician certified by the American Board of Pediatrics in | ||||||
| 11 | child abuse pediatrics. | ||||||
| 12 | "Board-eligible child abuse pediatrician" means a | ||||||
| 13 | physician who has completed the requirements set forth by the | ||||||
| 14 | American Board of Pediatrics to take the examination for | ||||||
| 15 | certification in child abuse pediatrics. | ||||||
| 16 | "Department" means the Department of Public Health.
| ||||||
| 17 | "Emergency contraception" means medication as approved by | ||||||
| 18 | the federal Food and Drug Administration (FDA) that can | ||||||
| 19 | significantly reduce the risk of pregnancy if taken within 72 | ||||||
| 20 | hours after sexual assault.
| ||||||
| 21 | "Follow-up healthcare" means healthcare services related | ||||||
| 22 | to a sexual assault, including laboratory services and pharmacy | ||||||
| 23 | services, rendered within 90 days of the initial visit for | ||||||
| 24 | medical forensic services.
| ||||||
| 25 | "Health care professional" means a physician, a physician | ||||||
| 26 | assistant, a sexual assault forensic examiner, an advanced | ||||||
| |||||||
| |||||||
| 1 | practice registered nurse, a registered professional nurse, a | ||||||
| 2 | licensed practical nurse, or a sexual assault nurse examiner.
| ||||||
| 3 | "Hospital" means a hospital licensed under the Hospital | ||||||
| 4 | Licensing Act or operated under the University of Illinois | ||||||
| 5 | Hospital Act, any outpatient center included in the hospital's | ||||||
| 6 | sexual assault treatment plan where hospital employees provide | ||||||
| 7 | medical forensic services, and an out-of-state hospital that | ||||||
| 8 | has consented to the jurisdiction of the Department under | ||||||
| 9 | Section 2.06.
| ||||||
| 10 | "Illinois State Police Sexual Assault Evidence Collection | ||||||
| 11 | Kit" means a prepackaged set of materials and forms to be used | ||||||
| 12 | for the collection of evidence relating to sexual assault. The | ||||||
| 13 | standardized evidence collection kit for the State of Illinois | ||||||
| 14 | shall be the Illinois State Police Sexual Assault Evidence | ||||||
| 15 | Collection Kit.
| ||||||
| 16 | "Law enforcement agency having jurisdiction" means the law | ||||||
| 17 | enforcement agency in the jurisdiction where an alleged sexual | ||||||
| 18 | assault or sexual abuse occurred. | ||||||
| 19 | "Licensed practical nurse" has the meaning provided in | ||||||
| 20 | Section 50-10 of the Nurse Practice Act. | ||||||
| 21 | "Medical forensic services" means health care delivered to | ||||||
| 22 | patients within or under the care and supervision of personnel | ||||||
| 23 | working in a designated emergency department of a hospital or | ||||||
| 24 | an approved pediatric health care facility. "Medical forensic | ||||||
| 25 | services" includes, but is not limited to, taking a medical | ||||||
| 26 | history, performing photo documentation, performing a physical | ||||||
| |||||||
| |||||||
| 1 | and anogenital examination, assessing the patient for evidence | ||||||
| 2 | collection, collecting evidence in accordance with a statewide | ||||||
| 3 | sexual assault evidence collection program administered by the | ||||||
| 4 | Illinois Department of State Police using the Illinois State | ||||||
| 5 | Police Sexual Assault Evidence Collection Kit, if appropriate, | ||||||
| 6 | assessing the patient for drug-facilitated or | ||||||
| 7 | alcohol-facilitated sexual assault, providing an evaluation of | ||||||
| 8 | and care for sexually transmitted infection and human | ||||||
| 9 | immunodeficiency virus (HIV), pregnancy risk evaluation and | ||||||
| 10 | care, and discharge and follow-up healthcare planning. | ||||||
| 11 | "Pediatric health care facility" means a clinic or | ||||||
| 12 | physician's office that provides medical services to pediatric | ||||||
| 13 | patients. | ||||||
| 14 | "Pediatric sexual assault survivor" means a person under | ||||||
| 15 | the age of 13 who presents for medical forensic services in | ||||||
| 16 | relation to injuries or trauma resulting from a sexual assault. | ||||||
| 17 | "Photo documentation" means digital photographs or | ||||||
| 18 | colposcope videos stored and backed up securely in the original | ||||||
| 19 | file format. | ||||||
| 20 | "Physician" means a person licensed to practice medicine in | ||||||
| 21 | all its branches.
| ||||||
| 22 | "Physician assistant" has the meaning provided in Section 4 | ||||||
| 23 | of the Physician Assistant Practice Act of 1987. | ||||||
| 24 | "Prepubescent sexual assault survivor" means a female who | ||||||
| 25 | is under the age of 18 years and has not had a first menstrual | ||||||
| 26 | cycle or a male who is under the age of 18 years and has not | ||||||
| |||||||
| |||||||
| 1 | started to develop secondary sex characteristics who presents | ||||||
| 2 | for medical forensic services in relation to injuries or trauma | ||||||
| 3 | resulting from a sexual assault. | ||||||
| 4 | "Qualified medical provider" means a board-certified child | ||||||
| 5 | abuse pediatrician, board-eligible child abuse pediatrician, a | ||||||
| 6 | sexual assault forensic examiner, or a sexual assault nurse | ||||||
| 7 | examiner who has access to photo documentation tools, and who | ||||||
| 8 | participates in peer review. | ||||||
| 9 | "Registered Professional Nurse" has the meaning provided | ||||||
| 10 | in Section 50-10 of the Nurse Practice Act. | ||||||
| 11 | "Sexual assault" means: | ||||||
| 12 | (1) an act of sexual conduct; as used in this | ||||||
| 13 | paragraph, "sexual conduct" has the meaning provided under | ||||||
| 14 | Section 11-0.1 of the Criminal Code of 2012; or | ||||||
| 15 | (2) any act of sexual penetration; as used in this | ||||||
| 16 | paragraph, "sexual penetration" has the meaning provided | ||||||
| 17 | under Section 11-0.1 of the Criminal Code of 2012 and | ||||||
| 18 | includes, without limitation, acts prohibited under | ||||||
| 19 | Sections 11-1.20 through 11-1.60 of the Criminal Code of | ||||||
| 20 | 2012.
| ||||||
| 21 | "Sexual assault forensic examiner" means a physician or | ||||||
| 22 | physician assistant who has completed training that meets or is | ||||||
| 23 | substantially similar to the Sexual Assault Nurse Examiner | ||||||
| 24 | Education Guidelines established by the International | ||||||
| 25 | Association of Forensic Nurses. | ||||||
| 26 | "Sexual assault nurse examiner" means an advanced practice | ||||||
| |||||||
| |||||||
| 1 | registered nurse or registered professional nurse who has | ||||||
| 2 | completed a sexual assault nurse examiner training program that | ||||||
| 3 | meets the Sexual Assault Nurse Examiner Education Guidelines | ||||||
| 4 | established by the International Association of Forensic | ||||||
| 5 | Nurses. | ||||||
| 6 | "Sexual assault services voucher" means a document | ||||||
| 7 | generated by a hospital or approved pediatric health care | ||||||
| 8 | facility at the time the sexual assault survivor receives | ||||||
| 9 | outpatient medical forensic services that may be used to seek | ||||||
| 10 | payment for any ambulance services, medical forensic services, | ||||||
| 11 | laboratory services, pharmacy services, and follow-up | ||||||
| 12 | healthcare provided as a result of the sexual assault. | ||||||
| 13 | "Sexual assault survivor" means a person who presents for | ||||||
| 14 | medical forensic services in relation to injuries or trauma | ||||||
| 15 | resulting from a sexual assault.
| ||||||
| 16 | "Sexual assault transfer plan" means a written plan | ||||||
| 17 | developed by a hospital and approved by the Department, which | ||||||
| 18 | describes the hospital's procedures for transferring sexual | ||||||
| 19 | assault survivors to another hospital, and an approved | ||||||
| 20 | pediatric health care facility, if applicable, in order to | ||||||
| 21 | receive medical forensic services. | ||||||
| 22 | "Sexual assault treatment plan" means a written plan that | ||||||
| 23 | describes the procedures and protocols for providing medical | ||||||
| 24 | forensic services to sexual assault survivors who present | ||||||
| 25 | themselves for such services, either directly or through | ||||||
| 26 | transfer from a hospital or an approved pediatric health care | ||||||
| |||||||
| |||||||
| 1 | facility.
| ||||||
| 2 | "Transfer hospital" means a hospital with a sexual assault | ||||||
| 3 | transfer plan approved by the Department. | ||||||
| 4 | "Transfer services" means the appropriate medical | ||||||
| 5 | screening examination and necessary stabilizing treatment | ||||||
| 6 | prior to the transfer of a sexual assault survivor to a | ||||||
| 7 | hospital or an approved pediatric health care facility that | ||||||
| 8 | provides medical forensic services to sexual assault survivors | ||||||
| 9 | pursuant to a sexual assault treatment plan or areawide sexual | ||||||
| 10 | assault treatment plan.
| ||||||
| 11 | "Treatment hospital" means a hospital with a sexual assault | ||||||
| 12 | treatment plan approved by the Department to provide medical | ||||||
| 13 | forensic services to all sexual assault survivors who present | ||||||
| 14 | with a complaint of sexual assault within a minimum of the last | ||||||
| 15 | 7 days or who have disclosed past sexual assault by a specific | ||||||
| 16 | individual and were in the care of that individual within a | ||||||
| 17 | minimum of the last 7 days. | ||||||
| 18 | "Treatment hospital with approved pediatric transfer" | ||||||
| 19 | means a hospital with a treatment plan approved by the | ||||||
| 20 | Department to provide medical forensic services to sexual | ||||||
| 21 | assault survivors 13 years old or older who present with a | ||||||
| 22 | complaint of sexual assault within a minimum of the last 7 days | ||||||
| 23 | or who have disclosed past sexual assault by a specific | ||||||
| 24 | individual and were in the care of that individual within a | ||||||
| 25 | minimum of the last 7 days. | ||||||
| 26 | (Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; | ||||||
| |||||||
| |||||||
| 1 | 101-81, eff. 7-12-19.)
| ||||||
| 2 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| ||||||
| 3 | Sec. 5. Minimum requirements for medical forensic services | ||||||
| 4 | provided to sexual assault survivors by hospitals and approved | ||||||
| 5 | pediatric health care facilities.
| ||||||
| 6 | (a) Every hospital and approved pediatric health care | ||||||
| 7 | facility providing medical forensic services to
sexual assault | ||||||
| 8 | survivors under this Act
shall, as minimum requirements for | ||||||
| 9 | such services, provide, with the consent
of the sexual assault | ||||||
| 10 | survivor, and as ordered by the attending
physician, an | ||||||
| 11 | advanced practice registered nurse, or a physician assistant, | ||||||
| 12 | the services set forth in subsection (a-5).
| ||||||
| 13 | Beginning January 1, 2022, a qualified medical provider | ||||||
| 14 | must provide the services set forth in subsection (a-5). | ||||||
| 15 | (a-5) A treatment hospital, a treatment hospital with | ||||||
| 16 | approved pediatric transfer, or an approved pediatric health | ||||||
| 17 | care facility shall provide the following services in | ||||||
| 18 | accordance with subsection (a): | ||||||
| 19 | (1) Appropriate medical forensic services without | ||||||
| 20 | delay, in a private, age-appropriate or | ||||||
| 21 | developmentally-appropriate space, required to ensure the | ||||||
| 22 | health, safety, and welfare
of a sexual assault survivor | ||||||
| 23 | and which may be
used as evidence in a criminal proceeding | ||||||
| 24 | against a person accused of the
sexual assault, in a | ||||||
| 25 | proceeding under the Juvenile Court Act of 1987, or in an | ||||||
| |||||||
| |||||||
| 1 | investigation under the Abused and Neglected Child | ||||||
| 2 | Reporting Act. | ||||||
| 3 | Records of medical forensic services, including | ||||||
| 4 | results of examinations and tests, the Illinois State | ||||||
| 5 | Police Medical Forensic Documentation Forms, the Illinois | ||||||
| 6 | State Police Patient Discharge Materials, and the Illinois | ||||||
| 7 | State Police Patient Consent: Collect and Test Evidence or | ||||||
| 8 | Collect and Hold Evidence Form, shall be maintained by the | ||||||
| 9 | hospital or approved pediatric health care facility as part | ||||||
| 10 | of the patient's electronic medical record. | ||||||
| 11 | Records of medical forensic services of sexual assault | ||||||
| 12 | survivors under the age of 18 shall be retained by the | ||||||
| 13 | hospital for a period of 60 years after the sexual assault | ||||||
| 14 | survivor reaches the age of 18. Records of medical forensic | ||||||
| 15 | services of sexual assault survivors 18 years of age or | ||||||
| 16 | older shall be retained by the hospital for a period of 20 | ||||||
| 17 | years after the date the record was created. | ||||||
| 18 | Records of medical forensic services may only be | ||||||
| 19 | disseminated in accordance with Section 6.5 of this Act and | ||||||
| 20 | other State and federal law.
| ||||||
| 21 | (1.5) An offer to complete the Illinois Sexual Assault | ||||||
| 22 | Evidence Collection Kit for any sexual assault survivor who | ||||||
| 23 | presents within a minimum of the last 7 days of the assault | ||||||
| 24 | or who has disclosed past sexual assault by a specific | ||||||
| 25 | individual and was in the care of that individual within a | ||||||
| 26 | minimum of the last 7 days. | ||||||
| |||||||
| |||||||
| 1 | (A) Appropriate oral and written information | ||||||
| 2 | concerning evidence-based guidelines for the | ||||||
| 3 | appropriateness of evidence collection depending on | ||||||
| 4 | the sexual development of the sexual assault survivor, | ||||||
| 5 | the type of sexual assault, and the timing of the | ||||||
| 6 | sexual assault shall be provided to the sexual assault | ||||||
| 7 | survivor. Evidence collection is encouraged for | ||||||
| 8 | prepubescent sexual assault survivors who present to a | ||||||
| 9 | hospital or approved pediatric health care facility | ||||||
| 10 | with a complaint of sexual assault within a minimum of | ||||||
| 11 | 96 hours after the sexual assault. | ||||||
| 12 | Before January 1, 2022, the information required | ||||||
| 13 | under this subparagraph shall be provided in person by | ||||||
| 14 | the health care professional providing medical | ||||||
| 15 | forensic services directly to the sexual assault | ||||||
| 16 | survivor. | ||||||
| 17 | On and after January 1, 2022, the information | ||||||
| 18 | required under this subparagraph shall be provided in | ||||||
| 19 | person by the qualified medical provider providing | ||||||
| 20 | medical forensic services directly to the sexual | ||||||
| 21 | assault survivor. | ||||||
| 22 | The written information provided shall be the | ||||||
| 23 | information created in accordance with Section 10 of | ||||||
| 24 | this Act. | ||||||
| 25 | (B) Following the discussion regarding the | ||||||
| 26 | evidence-based guidelines for evidence collection in | ||||||
| |||||||
| |||||||
| 1 | accordance with subparagraph (A), evidence collection | ||||||
| 2 | must be completed at the sexual assault survivor's | ||||||
| 3 | request. A sexual assault nurse examiner conducting an | ||||||
| 4 | examination using the Illinois State Police Sexual | ||||||
| 5 | Assault Evidence Collection Kit may do so without the | ||||||
| 6 | presence or participation of a physician. | ||||||
| 7 | (2) Appropriate oral and written information | ||||||
| 8 | concerning the possibility
of infection, sexually | ||||||
| 9 | transmitted infection, including an evaluation of the | ||||||
| 10 | sexual assault survivor's risk of contracting human | ||||||
| 11 | immunodeficiency virus (HIV) from sexual assault, and | ||||||
| 12 | pregnancy
resulting from sexual assault.
| ||||||
| 13 | (3) Appropriate oral and written information | ||||||
| 14 | concerning accepted medical
procedures, laboratory tests, | ||||||
| 15 | medication, and possible contraindications of such | ||||||
| 16 | medication
available for the prevention or treatment of | ||||||
| 17 | infection or disease resulting
from sexual assault.
| ||||||
| 18 | (3.5) After a medical evidentiary or physical | ||||||
| 19 | examination, access to a shower at no cost, unless | ||||||
| 20 | showering facilities are unavailable. | ||||||
| 21 | (4) An amount of medication, including HIV | ||||||
| 22 | prophylaxis, for treatment at the hospital or approved | ||||||
| 23 | pediatric health care facility and after discharge as is | ||||||
| 24 | deemed appropriate by the attending physician, an advanced | ||||||
| 25 | practice registered nurse, or a physician assistant in | ||||||
| 26 | accordance with the Centers for Disease Control and | ||||||
| |||||||
| |||||||
| 1 | Prevention guidelines and consistent with the hospital's | ||||||
| 2 | or approved pediatric health care facility's current | ||||||
| 3 | approved protocol for sexual assault survivors.
| ||||||
| 4 | (5) Photo documentation of the sexual assault | ||||||
| 5 | survivor's injuries, anatomy involved in the assault, or | ||||||
| 6 | other visible evidence on the sexual assault survivor's | ||||||
| 7 | body to supplement the medical forensic history and written | ||||||
| 8 | documentation of physical findings and evidence beginning | ||||||
| 9 | July 1, 2019. Photo documentation does not replace written | ||||||
| 10 | documentation of the injury.
| ||||||
| 11 | (6) Written and oral instructions indicating the need | ||||||
| 12 | for follow-up examinations and laboratory tests after the | ||||||
| 13 | sexual assault to determine the presence or absence of
| ||||||
| 14 | sexually transmitted infection.
| ||||||
| 15 | (7) Referral by hospital or approved pediatric health | ||||||
| 16 | care facility personnel for appropriate counseling.
| ||||||
| 17 | (8) Medical advocacy services provided by a rape crisis | ||||||
| 18 | counselor whose communications are protected under Section | ||||||
| 19 | 8-802.1 of the Code of Civil Procedure, if there is a | ||||||
| 20 | memorandum of understanding between the hospital or | ||||||
| 21 | approved pediatric health care facility and a rape crisis | ||||||
| 22 | center. With the consent of the sexual assault survivor, a | ||||||
| 23 | rape crisis counselor shall remain in the exam room during | ||||||
| 24 | the medical forensic examination.
| ||||||
| 25 | (9) Written information regarding services provided by | ||||||
| 26 | a Children's Advocacy Center and rape crisis center, if | ||||||
| |||||||
| |||||||
| 1 | applicable. | ||||||
| 2 | (10) A treatment hospital, a treatment hospital with | ||||||
| 3 | approved pediatric transfer, an out-of-state hospital as | ||||||
| 4 | defined in Section 5.4, or an approved pediatric health | ||||||
| 5 | care facility shall comply with the rules relating to the | ||||||
| 6 | collection and tracking of sexual assault evidence adopted | ||||||
| 7 | by the Illinois Department of State Police under Section 50 | ||||||
| 8 | of the Sexual Assault Evidence Submission Act. | ||||||
| 9 | (a-7) By January 1, 2022, every hospital with a treatment | ||||||
| 10 | plan approved by the Department shall employ or contract with a | ||||||
| 11 | qualified medical provider to initiate medical forensic | ||||||
| 12 | services to a sexual assault survivor within 90 minutes of the | ||||||
| 13 | patient presenting to the treatment hospital or treatment | ||||||
| 14 | hospital with approved pediatric transfer. The provision of | ||||||
| 15 | medical forensic services by a qualified medical provider shall | ||||||
| 16 | not delay the provision of life-saving medical care. | ||||||
| 17 | (b) Any person who is a sexual assault survivor who seeks | ||||||
| 18 | medical forensic services or follow-up healthcare
under this | ||||||
| 19 | Act shall be provided such services without the consent
of any | ||||||
| 20 | parent, guardian, custodian, surrogate, or agent. If a sexual | ||||||
| 21 | assault survivor is unable to consent to medical forensic | ||||||
| 22 | services, the services may be provided under the Consent by | ||||||
| 23 | Minors to Medical Procedures Act, the Health Care Surrogate | ||||||
| 24 | Act, or other applicable State and federal laws.
| ||||||
| 25 | (b-5) Every hospital or approved pediatric health care | ||||||
| 26 | facility providing medical forensic services to sexual assault | ||||||
| |||||||
| |||||||
| 1 | survivors shall issue a voucher to any sexual assault survivor | ||||||
| 2 | who is eligible to receive one in accordance with Section 5.2 | ||||||
| 3 | of this Act. The hospital shall make a copy of the voucher and | ||||||
| 4 | place it in the medical record of the sexual assault survivor. | ||||||
| 5 | The hospital shall provide a copy of the voucher to the sexual | ||||||
| 6 | assault survivor after discharge upon request. | ||||||
| 7 | (c) Nothing in this Section creates a physician-patient | ||||||
| 8 | relationship that extends beyond discharge from the hospital or | ||||||
| 9 | approved pediatric health care facility.
| ||||||
| 10 | (Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19; | ||||||
| 11 | 100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff. | ||||||
| 12 | 8-16-19.)
| ||||||
| 13 | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| ||||||
| 14 | Sec. 6.4. Sexual assault evidence collection program.
| ||||||
| 15 | (a) There is created a statewide sexual assault evidence | ||||||
| 16 | collection program
to facilitate the prosecution of persons | ||||||
| 17 | accused of sexual assault. This
program shall be administered | ||||||
| 18 | by the Illinois
State Police. The program shall
consist of the | ||||||
| 19 | following: (1) distribution of sexual assault evidence
| ||||||
| 20 | collection kits which have been approved by the Illinois
State | ||||||
| 21 | Police to hospitals and approved pediatric health care | ||||||
| 22 | facilities that request them, or arranging for
such | ||||||
| 23 | distribution by the manufacturer of the kits, (2) collection of | ||||||
| 24 | the kits
from hospitals and approved pediatric health care | ||||||
| 25 | facilities after the kits have been used to collect
evidence, | ||||||
| |||||||
| |||||||
| 1 | (3) analysis of the collected evidence and conducting of | ||||||
| 2 | laboratory
tests, (4) maintaining the chain of custody and | ||||||
| 3 | safekeeping of the evidence
for use in a legal proceeding, and | ||||||
| 4 | (5) the comparison of the collected evidence with the genetic | ||||||
| 5 | marker grouping analysis information maintained by the | ||||||
| 6 | Illinois Department of State Police under Section 5-4-3 of the | ||||||
| 7 | Unified Code of Corrections and with the information contained | ||||||
| 8 | in the Federal Bureau of Investigation's National DNA database; | ||||||
| 9 | provided the amount and quality of genetic marker grouping | ||||||
| 10 | results obtained from the evidence in the sexual assault case | ||||||
| 11 | meets the requirements of both the Illinois Department of State | ||||||
| 12 | Police and the Federal Bureau of Investigation's Combined DNA | ||||||
| 13 | Index System (CODIS) policies. The standardized evidence | ||||||
| 14 | collection kit for
the State of Illinois shall be the Illinois | ||||||
| 15 | State Police Sexual Assault Evidence Kit and shall include a | ||||||
| 16 | written consent form authorizing law enforcement to test the | ||||||
| 17 | sexual assault evidence and to provide law enforcement with | ||||||
| 18 | details of the sexual assault.
| ||||||
| 19 | (a-5) (Blank).
| ||||||
| 20 | (b) The Illinois State Police shall administer a program to | ||||||
| 21 | train hospital and approved pediatric health care facility | ||||||
| 22 | personnel participating in the sexual assault evidence | ||||||
| 23 | collection
program, in the correct use and application of the | ||||||
| 24 | sexual assault evidence
collection kits. The Department
shall
| ||||||
| 25 | cooperate with the Illinois State Police in this
program as it | ||||||
| 26 | pertains to medical aspects of the evidence collection.
| ||||||
| |||||||
| |||||||
| 1 | (c) (Blank).
| ||||||
| 2 | (Source: P.A. 99-801, eff. 1-1-17; 100-775, eff. 1-1-19.)
| ||||||
| 3 | (410 ILCS 70/9.5) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| 5 | Sec. 9.5. Sexual Assault Medical Forensic Services | ||||||
| 6 | Implementation Task Force. | ||||||
| 7 | (a) The Sexual Assault Medical Forensic Services | ||||||
| 8 | Implementation Task Force is created to assist hospitals and | ||||||
| 9 | approved pediatric health care facilities with the | ||||||
| 10 | implementation of the changes made by this amendatory Act of | ||||||
| 11 | the l00th General Assembly. The Task Force shall consist of the | ||||||
| 12 | following members, who shall serve without compensation: | ||||||
| 13 | (1) one member of the Senate appointed by the President | ||||||
| 14 | of the Senate, who may designate an alternate member; | ||||||
| 15 | (2) one member of the Senate appointed by the Minority | ||||||
| 16 | Leader of the Senate, who may designate an alternate | ||||||
| 17 | member; | ||||||
| 18 | (3) one member of the House of Representatives | ||||||
| 19 | appointed by the Speaker of the House of Representatives, | ||||||
| 20 | who may designate an alternate member; | ||||||
| 21 | (4) one member of the House of Representatives | ||||||
| 22 | appointed by the Minority Leader of the House of | ||||||
| 23 | Representatives, who may designate an alternate member; | ||||||
| 24 | (5) two members representing the Office of the Attorney | ||||||
| 25 | General appointed by the Attorney General, one of whom | ||||||
| |||||||
| |||||||
| 1 | shall be the Sexual Assault Nurse Examiner Coordinator for | ||||||
| 2 | the State of
Illinois; | ||||||
| 3 | (6) one member representing the Department of Public | ||||||
| 4 | Health appointed by the Director of Public Health; | ||||||
| 5 | (7) one member representing the Illinois Department of | ||||||
| 6 | State Police appointed by the Director of the Illinois | ||||||
| 7 | State Police; | ||||||
| 8 | (8) one member representing the Department of | ||||||
| 9 | Healthcare and Family Services appointed by the Director of | ||||||
| 10 | Healthcare and Family Services; | ||||||
| 11 | (9) six members representing hospitals appointed by | ||||||
| 12 | the head of a statewide organization representing the | ||||||
| 13 | interests of hospitals in Illinois, at least one of whom | ||||||
| 14 | shall represent small and rural hospitals and at least one | ||||||
| 15 | of these members shall represent urban hospitals; | ||||||
| 16 | (10) one member representing physicians appointed by | ||||||
| 17 | the head of a statewide organization representing the | ||||||
| 18 | interests of physicians in Illinois; | ||||||
| 19 | (11) one member representing emergency physicians | ||||||
| 20 | appointed by the head of a statewide organization | ||||||
| 21 | representing the interests of emergency physicians in | ||||||
| 22 | Illinois; | ||||||
| 23 | (12) two members representing child abuse | ||||||
| 24 | pediatricians appointed by the head of a statewide | ||||||
| 25 | organization representing the interests of child abuse | ||||||
| 26 | pediatricians in Illinois, at least one of whom shall | ||||||
| |||||||
| |||||||
| 1 | represent child abuse pediatricians providing medical | ||||||
| 2 | forensic services in rural locations and at least one of | ||||||
| 3 | whom shall represent child abuse pediatricians providing | ||||||
| 4 | medical forensic services in urban locations; | ||||||
| 5 | (13) one member representing nurses appointed by the | ||||||
| 6 | head of a statewide organization representing the | ||||||
| 7 | interests of nurses in Illinois; | ||||||
| 8 | (14) two members representing sexual assault nurse | ||||||
| 9 | examiners appointed by the head of a statewide organization | ||||||
| 10 | representing the interests of forensic nurses in Illinois, | ||||||
| 11 | at least one of whom shall represent pediatric/adolescent | ||||||
| 12 | sexual assault nurse examiners and at least one of these | ||||||
| 13 | members shall represent adult/adolescent sexual assault | ||||||
| 14 | nurse examiners; | ||||||
| 15 | (15) one member representing State's Attorneys | ||||||
| 16 | appointed by the head of a statewide organization | ||||||
| 17 | representing the interests of State's Attorneys in | ||||||
| 18 | Illinois; | ||||||
| 19 | (16) three members representing sexual assault | ||||||
| 20 | survivors appointed by the head of a statewide organization | ||||||
| 21 | representing the interests of sexual assault survivors and | ||||||
| 22 | rape crisis centers, at least one of whom shall represent | ||||||
| 23 | rural rape crisis centers and at least one of whom shall | ||||||
| 24 | represent urban rape crisis centers; and | ||||||
| 25 | (17) one member representing children's advocacy | ||||||
| 26 | centers appointed by the head of a statewide organization | ||||||
| |||||||
| |||||||
| 1 | representing the interests of children's advocacy centers | ||||||
| 2 | in Illinois. | ||||||
| 3 | The members representing the Office of the Attorney General | ||||||
| 4 | and the Department of Public Health shall serve as | ||||||
| 5 | co-chairpersons of the Task Force. The Office of the Attorney | ||||||
| 6 | General shall provide administrative and other support to the | ||||||
| 7 | Task Force. | ||||||
| 8 | (b) The first meeting of the Task Force shall be called by | ||||||
| 9 | the co-chairpersons no later than 90 days after the effective | ||||||
| 10 | date of this Section. | ||||||
| 11 | (c) The goals of the Task Force shall include, but not be | ||||||
| 12 | limited to, the following: | ||||||
| 13 | (1) to facilitate the development of areawide | ||||||
| 14 | treatment plans among hospitals and pediatric health care | ||||||
| 15 | facilities; | ||||||
| 16 | (2) to facilitate the development of on-call systems of | ||||||
| 17 | qualified medical providers and assist hospitals with the | ||||||
| 18 | development of plans to employ or contract with a qualified | ||||||
| 19 | medical provider to initiate medical forensic services to a | ||||||
| 20 | sexual assault survivor within 90 minutes of the patient | ||||||
| 21 | presenting to the hospital as required in subsection (a-7) | ||||||
| 22 | of Section 5; | ||||||
| 23 | (3) to identify photography and storage options for | ||||||
| 24 | hospitals to comply with the photo documentation | ||||||
| 25 | requirements in Sections 5 and 5.1; | ||||||
| 26 | (4) to develop a model written agreement for use by | ||||||
| |||||||
| |||||||
| 1 | rape crisis centers, hospitals, and approved pediatric | ||||||
| 2 | health care facilities with sexual assault treatment plans | ||||||
| 3 | to comply with subsection (c) of Section 2; | ||||||
| 4 | (5) to develop and distribute educational information | ||||||
| 5 | regarding the implementation of this Act to hospitals, | ||||||
| 6 | health care providers, rape crisis centers, children's | ||||||
| 7 | advocacy centers, State's Attorney's offices; | ||||||
| 8 | (6) to examine the role of telemedicine in the | ||||||
| 9 | provision of medical forensic services under this Act and | ||||||
| 10 | to develop recommendations for statutory change and | ||||||
| 11 | standards and procedures for the use of telemedicine to be | ||||||
| 12 | adopted by the Department; | ||||||
| 13 | (7) to seek inclusion of the International Association | ||||||
| 14 | of Forensic Nurses Sexual Assault Nurse Examiner Education | ||||||
| 15 | Guidelines for nurses within the registered nurse training | ||||||
| 16 | curriculum in Illinois nursing programs and the American | ||||||
| 17 | College of Emergency Physicians Management of the Patient | ||||||
| 18 | with the Complaint of Sexual Assault for emergency | ||||||
| 19 | physicians within the Illinois residency training | ||||||
| 20 | curriculum for emergency physicians; and | ||||||
| 21 | (8) to submit a report to the General Assembly by | ||||||
| 22 | January 1, 2023 regarding the status of implementation of | ||||||
| 23 | this amendatory Act of the 100th General Assembly, | ||||||
| 24 | including, but not limited to, the impact of transfers to | ||||||
| 25 | out-of-state hospitals on sexual assault survivors and the | ||||||
| 26 | availability of treatment hospitals in Illinois; the | ||||||
| |||||||
| |||||||
| 1 | report to the General Assembly shall be filed with the | ||||||
| 2 | Clerk of the House of Representatives and the Secretary of | ||||||
| 3 | the Senate in electronic form only, in the manner that the | ||||||
| 4 | Clerk and the Secretary shall direct. | ||||||
| 5 | (d) This Section is repealed on January 1, 2024.
| ||||||
| 6 | (Source: P.A. 100-775, eff. 8-10-18.)
| ||||||
| 7 | Section 825. The Smoke Free Illinois Act is amended by | ||||||
| 8 | changing Sections 40 and 45 as follows:
| ||||||
| 9 | (410 ILCS 82/40) | ||||||
| 10 | Sec. 40. Enforcement; complaints. | ||||||
| 11 | (a) The Department, State-certified local public health | ||||||
| 12 | departments, and local, Department of Natural Resources, and | ||||||
| 13 | Illinois Department of State Police law enforcement agencies | ||||||
| 14 | shall enforce the provisions of this Act through the issuance | ||||||
| 15 | of citations and may assess civil penalties pursuant to Section | ||||||
| 16 | 45 of this Act. | ||||||
| 17 | (a-2) The citations issued pursuant to this Act shall | ||||||
| 18 | conspicuously include the following: | ||||||
| 19 | (1) the name of the offense and its statutory | ||||||
| 20 | reference; | ||||||
| 21 | (2) the nature and elements of the violation; | ||||||
| 22 | (3) the date and location of the violation; | ||||||
| 23 | (4) the name of the enforcing agency; | ||||||
| 24 | (5) the name of the violator; | ||||||
| |||||||
| |||||||
| 1 | (6) the amount of the imposed civil penalty and the | ||||||
| 2 | location where the violator can pay the civil penalty | ||||||
| 3 | without objection; | ||||||
| 4 | (7) the address and phone number of the enforcing | ||||||
| 5 | agency where the violator can request a hearing before the | ||||||
| 6 | Department to contest the imposition of the civil penalty | ||||||
| 7 | imposed by the citation under the rules and procedures of | ||||||
| 8 | the Illinois Administrative Procedure Act; | ||||||
| 9 | (8) the time period in which to pay the civil penalty | ||||||
| 10 | or to request a hearing to contest the imposition of the | ||||||
| 11 | civil penalty imposed by the citation; and | ||||||
| 12 | (9) the verified signature of the person issuing the | ||||||
| 13 | citation. | ||||||
| 14 | (a-3) One copy of the citation shall be provided to the | ||||||
| 15 | violator, one copy shall be retained by the enforcing agency, | ||||||
| 16 | and one copy shall be provided to the entity otherwise | ||||||
| 17 | authorized by the enforcing agency to receive civil penalties | ||||||
| 18 | on their behalf. | ||||||
| 19 | (b) Any person may register a complaint with the | ||||||
| 20 | Department, a State-certified local public health department, | ||||||
| 21 | or a law enforcement agency for a violation of this Act. The | ||||||
| 22 | Department shall establish a telephone number that a person may | ||||||
| 23 | call to register a complaint under this subsection (b).
| ||||||
| 24 | (c) The Department shall afford a violator the opportunity | ||||||
| 25 | to pay the civil penalty without objection or to contest the | ||||||
| 26 | citation in accordance with the Illinois Administrative | ||||||
| |||||||
| |||||||
| 1 | Procedure Act, except that in case of a conflict between the | ||||||
| 2 | Illinois Administrative Procedure Act and this Act, the | ||||||
| 3 | provisions of this Act shall control. | ||||||
| 4 | (d) Upon receipt of a request for hearing to contest the | ||||||
| 5 | imposition of a civil penalty imposed by a citation, the | ||||||
| 6 | enforcing agency shall immediately forward a copy of the | ||||||
| 7 | citation and notice of the request for hearing to the | ||||||
| 8 | Department for initiation of a hearing conducted in accordance | ||||||
| 9 | with the Illinois Administrative Procedure Act and the rules | ||||||
| 10 | established thereto by the Department applicable to contested | ||||||
| 11 | cases, except that in case of a conflict between the Illinois | ||||||
| 12 | Administrative Procedure Act and this Act, the provisions of | ||||||
| 13 | this Act shall control. Parties to the hearing shall be the | ||||||
| 14 | enforcing agency and the violator. | ||||||
| 15 | The Department shall notify the violator in writing of the | ||||||
| 16 | time, place, and location of the hearing. The hearing shall be | ||||||
| 17 | conducted at the nearest regional office of the Department, or | ||||||
| 18 | in a location contracted by the Department in the county where | ||||||
| 19 | the citation was issued. | ||||||
| 20 | (e) Civil penalties imposed under this Act may be collected | ||||||
| 21 | in accordance with all methods otherwise available to the | ||||||
| 22 | enforcing agency or the Department, except that there shall be | ||||||
| 23 | no collection efforts during the pendency of the hearing before | ||||||
| 24 | the Department. | ||||||
| 25 | (f) Rulemaking authority to implement this amendatory Act | ||||||
| 26 | of the 95th General Assembly, if any, is conditioned on the | ||||||
| |||||||
| |||||||
| 1 | rules being adopted in accordance with all provisions of the | ||||||
| 2 | Illinois Administrative Procedure Act and all rules and | ||||||
| 3 | procedures of the Joint Committee on Administrative Rules; any | ||||||
| 4 | purported rule not so adopted, for whatever reason, is | ||||||
| 5 | unauthorized. | ||||||
| 6 | (Source: P.A. 100-877, eff. 1-1-19.)
| ||||||
| 7 | (410 ILCS 82/45) | ||||||
| 8 | Sec. 45. Violations. | ||||||
| 9 | (a) A person, corporation, partnership, association or | ||||||
| 10 | other
entity who violates Section 15 or 20 of this Act shall be | ||||||
| 11 | liable for a civil penalty pursuant to this Section. Each day | ||||||
| 12 | that a violation occurs is a separate violation. | ||||||
| 13 | (b) A person who smokes in an area where smoking is | ||||||
| 14 | prohibited under Section 15 of this Act shall be liable for a | ||||||
| 15 | civil penalty in an amount that is $100 for a first offense and | ||||||
| 16 | $250 for each subsequent offense. A person who owns, operates, | ||||||
| 17 | or otherwise controls a public place or place of employment | ||||||
| 18 | that violates Section 15 or 20 of this Act shall be liable for | ||||||
| 19 | a civil penalty of (i) $250 for the first violation, (ii) $500 | ||||||
| 20 | for the second violation within one year after the first | ||||||
| 21 | violation, and (iii) $2,500 for each additional violation | ||||||
| 22 | within one year after the first violation. | ||||||
| 23 | (c) A civil penalty imposed under this Section shall be | ||||||
| 24 | allocated as follows: | ||||||
| 25 | (1) one-half of the civil penalty shall be distributed | ||||||
| |||||||
| |||||||
| 1 | to the Department; and | ||||||
| 2 | (2) one-half of the civil penalty shall be distributed | ||||||
| 3 | to the enforcing agency.
| ||||||
| 4 | With respect to funds designated for the Illinois | ||||||
| 5 | Department of State Police under this subsection, the Illinois | ||||||
| 6 | Department of State Police shall deposit the moneys into the | ||||||
| 7 | State Police Operations Assistance Fund. With respect to funds | ||||||
| 8 | designated for the Department of Natural Resources under this | ||||||
| 9 | subsection, the Department of Natural Resources shall deposit | ||||||
| 10 | the moneys into the Conservation Police Operations Assistance | ||||||
| 11 | Fund. | ||||||
| 12 | (d) Rulemaking authority to implement this amendatory Act | ||||||
| 13 | of the 95th General Assembly, if any, is conditioned on the | ||||||
| 14 | rules being adopted in accordance with all provisions of the | ||||||
| 15 | Illinois Administrative Procedure Act and all rules and | ||||||
| 16 | procedures of the Joint Committee on Administrative Rules; any | ||||||
| 17 | purported rule not so adopted, for whatever reason, is | ||||||
| 18 | unauthorized. | ||||||
| 19 | (Source: P.A. 100-877, eff. 1-1-19.)
| ||||||
| 20 | Section 830. The Compassionate Use of Medical Cannabis | ||||||
| 21 | Pilot Program Act is amended by changing Sections 85, 95, 100, | ||||||
| 22 | 105, 145, 150, and 180 as follows:
| ||||||
| 23 | (410 ILCS 130/85)
| ||||||
| 24 | Sec. 85. Issuance and denial of medical cannabis | ||||||
| |||||||
| |||||||
| 1 | cultivation permit. | ||||||
| 2 | (a) The Department of Agriculture may register up to 22 | ||||||
| 3 | cultivation center registrations for operation. The Department | ||||||
| 4 | of Agriculture may not issue more than one registration per | ||||||
| 5 | each Illinois State Police District boundary as specified on | ||||||
| 6 | the date of January 1, 2013. The Department of Agriculture may | ||||||
| 7 | not issue less than the 22 registrations if there are qualified | ||||||
| 8 | applicants who have applied with the Department.
| ||||||
| 9 | (b) The registrations shall be issued and renewed annually | ||||||
| 10 | as determined by administrative rule.
| ||||||
| 11 | (c) The Department of Agriculture shall determine a | ||||||
| 12 | registration fee by rule.
| ||||||
| 13 | (d) A cultivation center may only operate if it has been | ||||||
| 14 | issued a valid registration from the Department of Agriculture. | ||||||
| 15 | When applying for a cultivation center registration, the | ||||||
| 16 | applicant shall submit the following in accordance with | ||||||
| 17 | Department of Agriculture rules:
| ||||||
| 18 | (1) the proposed legal name of the cultivation center;
| ||||||
| 19 | (2) the proposed physical address of the cultivation | ||||||
| 20 | center and description of the enclosed, locked facility as | ||||||
| 21 | it applies to cultivation centers where medical cannabis | ||||||
| 22 | will be grown, harvested, manufactured, packaged, or | ||||||
| 23 | otherwise prepared for distribution to a dispensing | ||||||
| 24 | organization;
| ||||||
| 25 | (3) the name, address, and date of birth of each | ||||||
| 26 | principal officer and board member of the cultivation | ||||||
| |||||||
| |||||||
| 1 | center, provided that all those individuals shall be at | ||||||
| 2 | least 21 years of age;
| ||||||
| 3 | (4) any instance in which a business that any of the | ||||||
| 4 | prospective board members of the cultivation center had | ||||||
| 5 | managed or served on the board of the business and was | ||||||
| 6 | convicted, fined, censured, or had a registration or | ||||||
| 7 | license suspended or revoked in any administrative or | ||||||
| 8 | judicial proceeding;
| ||||||
| 9 | (5) cultivation, inventory, and packaging plans;
| ||||||
| 10 | (6) proposed operating by-laws that include procedures | ||||||
| 11 | for the oversight of the cultivation center, development | ||||||
| 12 | and implementation of a plant monitoring system, medical | ||||||
| 13 | cannabis container tracking system, accurate record | ||||||
| 14 | keeping, staffing plan, and security plan reviewed by the | ||||||
| 15 | Illinois State Police that are in accordance with the rules | ||||||
| 16 | issued by the Department of Agriculture under this Act. A | ||||||
| 17 | physical inventory shall be performed of all plants and | ||||||
| 18 | medical cannabis containers on a weekly basis;
| ||||||
| 19 | (7) experience with agricultural cultivation | ||||||
| 20 | techniques and industry standards;
| ||||||
| 21 | (8) any academic degrees, certifications, or relevant | ||||||
| 22 | experience with related businesses;
| ||||||
| 23 | (9) the identity of every person, association, trust, | ||||||
| 24 | or corporation having any direct or indirect pecuniary | ||||||
| 25 | interest in the cultivation center operation with respect | ||||||
| 26 | to which the registration is sought. If the disclosed | ||||||
| |||||||
| |||||||
| 1 | entity is a trust, the application shall disclose the names | ||||||
| 2 | and addresses of the beneficiaries; if a corporation, the | ||||||
| 3 | names and addresses of all stockholders and directors; if a | ||||||
| 4 | partnership, the names and addresses of all partners, both | ||||||
| 5 | general and limited;
| ||||||
| 6 | (10) verification from the Illinois State Police that | ||||||
| 7 | all background checks of the principal officer, board | ||||||
| 8 | members, and registered agents have been conducted and | ||||||
| 9 | those individuals have not been convicted of an excluded | ||||||
| 10 | offense;
| ||||||
| 11 | (11) provide a copy of the current local zoning | ||||||
| 12 | ordinance to the Department of Agriculture and verify that | ||||||
| 13 | proposed cultivation center is in compliance with the local | ||||||
| 14 | zoning rules issued in accordance with Section 140;
| ||||||
| 15 | (12) an application fee set by the Department of | ||||||
| 16 | Agriculture by rule; and
| ||||||
| 17 | (13) any other information required by Department of | ||||||
| 18 | Agriculture rules, including, but not limited to a | ||||||
| 19 | cultivation center applicant's experience with the | ||||||
| 20 | cultivation of agricultural or horticultural products, | ||||||
| 21 | operating an agriculturally related business, or operating | ||||||
| 22 | a horticultural business.
| ||||||
| 23 | (e) An application for a cultivation center permit must be | ||||||
| 24 | denied if any of the following conditions are met:
| ||||||
| 25 | (1) the applicant failed to submit the materials | ||||||
| 26 | required by this Section, including if the applicant's | ||||||
| |||||||
| |||||||
| 1 | plans do not satisfy the security, oversight, inventory, or | ||||||
| 2 | recordkeeping rules issued by the Department of | ||||||
| 3 | Agriculture;
| ||||||
| 4 | (2) the applicant would not be in compliance with local | ||||||
| 5 | zoning rules issued in accordance with Section 140;
| ||||||
| 6 | (3) one or more of the prospective principal officers | ||||||
| 7 | or board members has been convicted of an excluded offense;
| ||||||
| 8 | (4) one or more of the prospective principal officers | ||||||
| 9 | or board members has served as a principal officer or board | ||||||
| 10 | member for a registered dispensing organization or | ||||||
| 11 | cultivation center that has had its registration revoked;
| ||||||
| 12 | (5) one or more of the principal officers or board | ||||||
| 13 | members is under 21 years of age;
| ||||||
| 14 | (6) a principal officer or board member of the | ||||||
| 15 | cultivation center has been convicted of a felony under the | ||||||
| 16 | laws of this State, any other state, or the United States;
| ||||||
| 17 | (7) a principal officer or board member of the | ||||||
| 18 | cultivation center has been convicted of any violation of | ||||||
| 19 | Article 28 of the Criminal Code of 2012, or substantially | ||||||
| 20 | similar laws of any other jurisdiction; or
| ||||||
| 21 | (8) the person has submitted an application for a | ||||||
| 22 | certificate under this Act which contains false | ||||||
| 23 | information.
| ||||||
| 24 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
| 25 | (410 ILCS 130/95)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 95. Background checks. | ||||||
| 2 | (a) The Department of Agriculture through the Illinois | ||||||
| 3 | Department of State Police shall conduct a background check of | ||||||
| 4 | the prospective cultivation center agents. The Illinois | ||||||
| 5 | Department of State Police shall charge a fee for conducting | ||||||
| 6 | the criminal history record check, which shall be deposited in | ||||||
| 7 | the State Police Services Fund and shall not exceed the actual | ||||||
| 8 | cost of the record check. In order to carry out this provision, | ||||||
| 9 | each person applying as a cultivation center agent shall submit | ||||||
| 10 | a full set of fingerprints to the Illinois Department of State | ||||||
| 11 | Police for the purpose of obtaining a State and federal | ||||||
| 12 | criminal records check. These fingerprints shall be checked | ||||||
| 13 | against the fingerprint records now and hereafter, to the | ||||||
| 14 | extent allowed by law, filed in the Illinois Department of | ||||||
| 15 | State Police and Federal Bureau of Investigation criminal | ||||||
| 16 | history records databases. The Illinois Department of State | ||||||
| 17 | Police shall furnish, following positive identification, all | ||||||
| 18 | Illinois conviction information to the Department of | ||||||
| 19 | Agriculture.
| ||||||
| 20 | (b) When applying for the initial permit, the background | ||||||
| 21 | checks for the principal officer, board members, and registered | ||||||
| 22 | agents shall be completed prior to submitting the application | ||||||
| 23 | to the Department of Agriculture.
| ||||||
| 24 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
| ||||||
| 25 | (410 ILCS 130/100)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 100. Cultivation center agent identification card. | ||||||
| 2 | (a) The Department of Agriculture shall:
| ||||||
| 3 | (1) verify the information contained in an application | ||||||
| 4 | or renewal for a cultivation center identification card | ||||||
| 5 | submitted under this Act, and approve or deny an | ||||||
| 6 | application or renewal, within 30 days of receiving a | ||||||
| 7 | completed application or renewal application and all | ||||||
| 8 | supporting documentation required by rule;
| ||||||
| 9 | (2) issue a cultivation center agent identification | ||||||
| 10 | card to a qualifying agent within 15 business days of | ||||||
| 11 | approving the application or renewal;
| ||||||
| 12 | (3) enter the registry identification number of the | ||||||
| 13 | cultivation center where the agent works; and
| ||||||
| 14 | (4) allow for an electronic application process, and | ||||||
| 15 | provide a confirmation by electronic or other methods that | ||||||
| 16 | an application has been submitted.
| ||||||
| 17 | (b) A cultivation center agent must keep his or her | ||||||
| 18 | identification card visible at all times when on the property | ||||||
| 19 | of a cultivation center and during the transportation of | ||||||
| 20 | medical cannabis to a registered dispensary organization.
| ||||||
| 21 | (c) The cultivation center agent identification cards | ||||||
| 22 | shall contain the following:
| ||||||
| 23 | (1) the name of the cardholder;
| ||||||
| 24 | (2) the date of issuance and expiration date of | ||||||
| 25 | cultivation center agent identification cards;
| ||||||
| 26 | (3) a random 10 digit alphanumeric identification | ||||||
| |||||||
| |||||||
| 1 | number containing at least 4 numbers and at least 4 | ||||||
| 2 | letters; that is unique to the holder; and
| ||||||
| 3 | (4) a photograph of the cardholder.
| ||||||
| 4 | (d) The cultivation center agent identification cards | ||||||
| 5 | shall be immediately returned to the cultivation center upon | ||||||
| 6 | termination of employment.
| ||||||
| 7 | (e) Any card lost by a cultivation center agent shall be | ||||||
| 8 | reported to the Illinois State Police and the Department of | ||||||
| 9 | Agriculture immediately upon discovery of the loss.
| ||||||
| 10 | (f) An applicant shall be denied a cultivation center agent | ||||||
| 11 | identification card if he or she has been convicted of an | ||||||
| 12 | excluded offense.
| ||||||
| 13 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
| 14 | (410 ILCS 130/105)
| ||||||
| 15 | Sec. 105. Requirements; prohibitions; penalties for | ||||||
| 16 | cultivation centers. | ||||||
| 17 | (a) The operating documents of a registered cultivation | ||||||
| 18 | center shall include procedures for the oversight of the | ||||||
| 19 | cultivation center, a cannabis plant monitoring system | ||||||
| 20 | including a physical inventory recorded weekly, a cannabis | ||||||
| 21 | container system including a physical inventory recorded | ||||||
| 22 | weekly, accurate record keeping, and a staffing plan.
| ||||||
| 23 | (b) A registered cultivation center shall implement a | ||||||
| 24 | security plan reviewed by the Illinois State Police and | ||||||
| 25 | including but not limited to: facility access controls, | ||||||
| |||||||
| |||||||
| 1 | perimeter intrusion detection systems, personnel | ||||||
| 2 | identification systems, 24-hour surveillance system to monitor | ||||||
| 3 | the interior and exterior of the registered cultivation center | ||||||
| 4 | facility and accessible to authorized law enforcement and the | ||||||
| 5 | Department of Agriculture in real-time.
| ||||||
| 6 | (c) A registered cultivation center may not be located | ||||||
| 7 | within 2,500 feet of the property line of a pre-existing public | ||||||
| 8 | or private preschool or elementary or secondary school or day | ||||||
| 9 | care center, day care home, group day care home, part day child | ||||||
| 10 | care facility, or an area zoned for residential use. | ||||||
| 11 | (d) All cultivation of cannabis for distribution to a | ||||||
| 12 | registered dispensing organization must take place in an | ||||||
| 13 | enclosed, locked facility as it applies to cultivation centers | ||||||
| 14 | at the physical address provided to the Department of | ||||||
| 15 | Agriculture during the registration process. The cultivation | ||||||
| 16 | center location shall only be accessed by the cultivation | ||||||
| 17 | center agents working for the registered cultivation center, | ||||||
| 18 | Department of Agriculture staff performing inspections, | ||||||
| 19 | Department of Public Health staff performing inspections, law | ||||||
| 20 | enforcement or other emergency personnel, and contractors | ||||||
| 21 | working on jobs unrelated to medical cannabis, such as | ||||||
| 22 | installing or maintaining security devices or performing | ||||||
| 23 | electrical wiring.
| ||||||
| 24 | (e) A cultivation center may not sell or distribute any | ||||||
| 25 | cannabis to any individual or entity other than another | ||||||
| 26 | cultivation center, a dispensing organization registered under | ||||||
| |||||||
| |||||||
| 1 | this Act, or a laboratory licensed by the Department of | ||||||
| 2 | Agriculture.
| ||||||
| 3 | (f) All harvested cannabis intended for distribution to a | ||||||
| 4 | dispensing organization must be packaged in a labeled medical | ||||||
| 5 | cannabis container and entered into a data collection system.
| ||||||
| 6 | (g) No person who has been convicted of an excluded offense | ||||||
| 7 | may be a cultivation center agent.
| ||||||
| 8 | (h) Registered cultivation centers are subject to random | ||||||
| 9 | inspection by the Illinois State Police.
| ||||||
| 10 | (i) Registered cultivation centers are subject to random | ||||||
| 11 | inspections by the Department of Agriculture and the Department | ||||||
| 12 | of Public Health.
| ||||||
| 13 | (j) A cultivation center agent shall notify local law | ||||||
| 14 | enforcement, the Illinois State Police, and the Department of | ||||||
| 15 | Agriculture within 24 hours of the discovery of any loss or | ||||||
| 16 | theft. Notification shall be made by phone or in-person, or by | ||||||
| 17 | written or electronic communication.
| ||||||
| 18 | (k) A cultivation center shall comply with all State and | ||||||
| 19 | federal rules and regulations regarding the use of pesticides.
| ||||||
| 20 | (Source: P.A. 101-363, eff. 8-9-19.)
| ||||||
| 21 | (410 ILCS 130/145)
| ||||||
| 22 | Sec. 145. Confidentiality. | ||||||
| 23 | (a) The following information received and records kept by | ||||||
| 24 | the
Department of Public Health, Department of Financial and | ||||||
| 25 | Professional Regulation, Department of Agriculture, or | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police for purposes of | ||||||
| 2 | administering this Act are subject to all applicable federal | ||||||
| 3 | privacy laws, confidential, and exempt from the Freedom of | ||||||
| 4 | Information Act, and not subject to disclosure to any | ||||||
| 5 | individual or public or private entity, except as necessary for | ||||||
| 6 | authorized employees of those authorized agencies to perform | ||||||
| 7 | official duties under this Act and the following information | ||||||
| 8 | received and records kept by Department of Public Health, | ||||||
| 9 | Department of Agriculture, Department of Financial and | ||||||
| 10 | Professional Regulation, and Illinois Department of State | ||||||
| 11 | Police, excluding any existing or non-existing Illinois or | ||||||
| 12 | national criminal history record information as defined in | ||||||
| 13 | subsection (d), may be disclosed to each other upon request:
| ||||||
| 14 | (1) Applications and renewals, their contents, and | ||||||
| 15 | supporting information submitted by qualifying patients | ||||||
| 16 | and designated caregivers, including information regarding | ||||||
| 17 | their designated caregivers and certifying health care | ||||||
| 18 | professionals.
| ||||||
| 19 | (2) Applications and renewals, their contents, and | ||||||
| 20 | supporting information submitted by or on behalf of | ||||||
| 21 | cultivation centers and dispensing organizations in | ||||||
| 22 | compliance with this Act, including their physical | ||||||
| 23 | addresses.
| ||||||
| 24 | (3) The individual names and other information | ||||||
| 25 | identifying persons to whom the Department of Public Health | ||||||
| 26 | has issued registry identification cards.
| ||||||
| |||||||
| |||||||
| 1 | (4) Any dispensing information required to be kept | ||||||
| 2 | under Section 135, Section 150, or Department of Public | ||||||
| 3 | Health, Department of Agriculture, or Department of | ||||||
| 4 | Financial and Professional Regulation rules shall identify | ||||||
| 5 | cardholders and registered cultivation centers by their | ||||||
| 6 | registry identification numbers and medical cannabis | ||||||
| 7 | dispensing organizations by their registration number and | ||||||
| 8 | not contain names or other personally identifying | ||||||
| 9 | information.
| ||||||
| 10 | (5) All medical records provided to the Department of | ||||||
| 11 | Public Health in connection with an application for a | ||||||
| 12 | registry card.
| ||||||
| 13 | (b) Nothing in this Section precludes the following:
| ||||||
| 14 | (1) Department of Agriculture, Department of Financial | ||||||
| 15 | and Professional Regulation, or Public Health employees | ||||||
| 16 | may notify law enforcement about falsified or fraudulent | ||||||
| 17 | information submitted to the Departments if the employee | ||||||
| 18 | who suspects that falsified or fraudulent information has | ||||||
| 19 | been submitted conferred with his or her supervisor and | ||||||
| 20 | both agree that circumstances exist that warrant | ||||||
| 21 | reporting.
| ||||||
| 22 | (2) If the employee conferred with his or her | ||||||
| 23 | supervisor and both agree that circumstances exist that | ||||||
| 24 | warrant reporting, Department of Public Health employees | ||||||
| 25 | may notify the Department of Financial and Professional | ||||||
| 26 | Regulation if there is reasonable cause to believe a | ||||||
| |||||||
| |||||||
| 1 | certifying health care professional:
| ||||||
| 2 | (A) issued a written certification without a bona | ||||||
| 3 | fide health care professional-patient relationship | ||||||
| 4 | under this Act;
| ||||||
| 5 | (B) issued a written certification to a person who | ||||||
| 6 | was not under the certifying health care | ||||||
| 7 | professional's care for the debilitating medical | ||||||
| 8 | condition; or
| ||||||
| 9 | (C) failed to abide by the acceptable and | ||||||
| 10 | prevailing standard of care when evaluating a | ||||||
| 11 | patient's medical condition.
| ||||||
| 12 | (3) The Department of Public Health, Department of | ||||||
| 13 | Agriculture, and Department of Financial and Professional | ||||||
| 14 | Regulation may notify State or local law enforcement about | ||||||
| 15 | apparent criminal violations of this Act if the employee | ||||||
| 16 | who suspects the offense has conferred with his or her | ||||||
| 17 | supervisor and both agree that circumstances exist that | ||||||
| 18 | warrant reporting.
| ||||||
| 19 | (4) Medical cannabis cultivation center agents and | ||||||
| 20 | medical cannabis dispensing organizations may notify the | ||||||
| 21 | Department of Public Health, Department of Financial and | ||||||
| 22 | Professional Regulation, or Department of Agriculture of a | ||||||
| 23 | suspected violation or attempted violation of this Act or | ||||||
| 24 | the rules issued under it.
| ||||||
| 25 | (5) Each Department may verify registry identification | ||||||
| 26 | cards under Section 150.
| ||||||
| |||||||
| |||||||
| 1 | (6) The submission of the report to the General | ||||||
| 2 | Assembly under Section 160.
| ||||||
| 3 | (c) It is a Class B misdemeanor with a $1,000 fine for any | ||||||
| 4 | person, including an employee or official of the Department of | ||||||
| 5 | Public Health, Department of Financial and Professional | ||||||
| 6 | Regulation, or Department of Agriculture or another State | ||||||
| 7 | agency or local government, to breach the confidentiality of | ||||||
| 8 | information obtained under this Act.
| ||||||
| 9 | (d) The Department of Public Health, the Department of | ||||||
| 10 | Agriculture, the Illinois Department of State Police, and the | ||||||
| 11 | Department of Financial and Professional Regulation shall not | ||||||
| 12 | share or disclose any existing or non-existing Illinois or | ||||||
| 13 | national criminal history record information. For the purposes | ||||||
| 14 | of this Section, "any existing or non-existing Illinois or | ||||||
| 15 | national criminal history record information" means any | ||||||
| 16 | Illinois or national criminal history record information, | ||||||
| 17 | including but not limited to the lack of or non-existence of | ||||||
| 18 | these records. | ||||||
| 19 | (Source: P.A. 101-363, eff. 8-9-19.)
| ||||||
| 20 | (410 ILCS 130/150)
| ||||||
| 21 | Sec. 150. Registry identification and registration | ||||||
| 22 | certificate verification. | ||||||
| 23 | (a) The Department of Public Health shall maintain a | ||||||
| 24 | confidential list of the persons to whom the Department of | ||||||
| 25 | Public Health has issued registry identification cards and | ||||||
| |||||||
| |||||||
| 1 | their addresses, phone numbers, and registry identification | ||||||
| 2 | numbers. This confidential list may not be combined or linked | ||||||
| 3 | in any manner with any other list or database except as | ||||||
| 4 | provided in this Section.
| ||||||
| 5 | (b) Within 180 days of the effective date of this Act, the | ||||||
| 6 | Department of Public Health, Department of Financial and | ||||||
| 7 | Professional Regulation, and Department of Agriculture shall | ||||||
| 8 | together establish a computerized database or verification | ||||||
| 9 | system. The database or verification system must allow law | ||||||
| 10 | enforcement personnel and medical cannabis dispensary | ||||||
| 11 | organization agents to determine whether or not the | ||||||
| 12 | identification number corresponds with a current, valid | ||||||
| 13 | registry identification card. The system shall only disclose | ||||||
| 14 | whether the identification card is valid, whether the | ||||||
| 15 | cardholder is a registered qualifying patient or a registered | ||||||
| 16 | designated caregiver, the registry identification number of | ||||||
| 17 | the registered medical cannabis dispensing organization | ||||||
| 18 | designated to serve the registered qualifying patient who holds | ||||||
| 19 | the card, and the registry identification number of the patient | ||||||
| 20 | who is assisted by a registered designated caregiver who holds | ||||||
| 21 | the card. The Department of Public Health, the Department of | ||||||
| 22 | Agriculture, the Illinois Department of State Police, and the | ||||||
| 23 | Department of Financial and Professional Regulation shall not | ||||||
| 24 | share or disclose any existing or non-existing Illinois or | ||||||
| 25 | national criminal history record information. Notwithstanding | ||||||
| 26 | any other requirements established by this subsection, the | ||||||
| |||||||
| |||||||
| 1 | Department of Public Health shall issue registry cards to | ||||||
| 2 | qualifying patients, the Department of Financial and | ||||||
| 3 | Professional Regulation may issue registration to medical | ||||||
| 4 | cannabis dispensing organizations for the period during which | ||||||
| 5 | the database is being established, and the Department of | ||||||
| 6 | Agriculture may issue registration to medical cannabis | ||||||
| 7 | cultivation organizations for the period during which the | ||||||
| 8 | database is being established.
| ||||||
| 9 | (c) For the purposes of this Section, "any existing or | ||||||
| 10 | non-existing Illinois or national criminal history record | ||||||
| 11 | information" means any Illinois or national criminal history | ||||||
| 12 | record information, including but not limited to the lack of or | ||||||
| 13 | non-existence of these records. | ||||||
| 14 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
| ||||||
| 15 | (410 ILCS 130/180)
| ||||||
| 16 | Sec. 180. Destruction of medical cannabis. | ||||||
| 17 | (a) All cannabis byproduct, scrap, and harvested cannabis | ||||||
| 18 | not intended for distribution to a medical cannabis | ||||||
| 19 | organization must be destroyed and disposed of pursuant to | ||||||
| 20 | State law. Documentation of destruction and disposal shall be | ||||||
| 21 | retained at the cultivation center for a period of not less | ||||||
| 22 | than 5 years.
| ||||||
| 23 | (b) A cultivation center shall prior to the destruction, | ||||||
| 24 | notify the Department of Agriculture and the Illinois State | ||||||
| 25 | Police.
| ||||||
| |||||||
| |||||||
| 1 | (c) The cultivation center shall keep record of the date of | ||||||
| 2 | destruction and how much was
destroyed.
| ||||||
| 3 | (d) A dispensary organization shall destroy all cannabis, | ||||||
| 4 | including cannabis-infused products, that are not sold to | ||||||
| 5 | registered qualifying patients. Documentation of destruction | ||||||
| 6 | and disposal shall be retained at the dispensary organization | ||||||
| 7 | for a period of not less than 5 years.
| ||||||
| 8 | (e) A dispensary organization shall prior to the | ||||||
| 9 | destruction, notify the Department of Financial and | ||||||
| 10 | Professional Regulation and the Illinois State Police.
| ||||||
| 11 | (Source: P.A. 98-122, eff. 1-1-14.)
| ||||||
| 12 | Section 835. The Vital Records Act is amended by changing | ||||||
| 13 | Sections 15.1 and 25.1 as follows:
| ||||||
| 14 | (410 ILCS 535/15.1) (from Ch. 111 1/2, par. 73-15.1)
| ||||||
| 15 | Sec. 15.1.
(1) The Director of the Illinois Department of | ||||||
| 16 | State Police or his
designee may obtain a registration of a | ||||||
| 17 | fictitious vital record for the purpose
and in the manner | ||||||
| 18 | prescribed in this Section.
| ||||||
| 19 | (2) A registration of a fictitious vital record may be | ||||||
| 20 | obtained pursuant to
this Section only for law enforcement
| ||||||
| 21 | purposes in providing: (a) witnesses with new identification to | ||||||
| 22 | protect
them during and following criminal investigations or | ||||||
| 23 | proceedings; and (b) law
enforcement officers with new | ||||||
| 24 | identification to enable them to escape detection
while | ||||||
| |||||||
| |||||||
| 1 | performing criminal investigations.
| ||||||
| 2 | (3) The Director of the Illinois State Police or his | ||||||
| 3 | designee may apply to the
circuit court on behalf of a person | ||||||
| 4 | for an order directing the State
Registrar of Vital Records to | ||||||
| 5 | establish a fictitious vital record
if it is determined by the | ||||||
| 6 | Director that normal procedures of
investigation or protection | ||||||
| 7 | are inadequate or reasonably appear to be
unlikely to succeed | ||||||
| 8 | if tried or are too dangerous to employ.
The court shall fix a | ||||||
| 9 | time and
place for hearing the application and, if it finds | ||||||
| 10 | that the application
should be granted, shall order the State | ||||||
| 11 | Registrar of Vital Records to
establish the vital record | ||||||
| 12 | requested. The order shall include the
data to be
registered, | ||||||
| 13 | and shall be delivered in person by the designee of the
| ||||||
| 14 | Director of the Illinois Department of State Police to the | ||||||
| 15 | State Registrar of Vital
Records. Upon receipt of such order,
| ||||||
| 16 | the State Registrar of Vital Records shall establish a vital | ||||||
| 17 | record
as if such data had been registered pursuant to Section | ||||||
| 18 | 12 or 18 of this
Act or pursuant to Section 210 or 413 of the | ||||||
| 19 | Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
| 20 | (4) The general public shall be excluded from any hearing | ||||||
| 21 | on an
application for an order under this Section and only | ||||||
| 22 | persons, including
representatives of agencies, who in the | ||||||
| 23 | opinion of the court have a direct
interest in the matter of | ||||||
| 24 | the application shall be admitted to the hearing.
| ||||||
| 25 | (5) The court's file relating to any proceeding under this | ||||||
| 26 | Section shall
be impounded by the clerk of the court and shall | ||||||
| |||||||
| |||||||
| 1 | be opened for examination
only upon specific order of the | ||||||
| 2 | court, which order shall name the person or
persons who are to | ||||||
| 3 | be permitted to examine such file. Certified copies of
any | ||||||
| 4 | paper or document contained in any file so impounded shall be | ||||||
| 5 | made only on like order.
| ||||||
| 6 | (6) Any documentation concerning a vital record registered | ||||||
| 7 | pursuant to
this Section, including any court order entered | ||||||
| 8 | under subsection (3),
maintained by the Illinois Department of | ||||||
| 9 | State Police
or by the State Registrar of Vital Records
shall | ||||||
| 10 | be sealed. Such documentation maintained by the Registrar of | ||||||
| 11 | Vital
Records shall be opened for examination only upon | ||||||
| 12 | specific
order of the court, which order shall name the person | ||||||
| 13 | or persons who are to
be permitted to examine such file. Such | ||||||
| 14 | documentation maintained by the
Illinois Department of State | ||||||
| 15 | Police shall be opened for examination only upon the
written | ||||||
| 16 | permission of the Director of that Department or his designee.
| ||||||
| 17 | (7) The Registrar of Vital Records shall immediately notify | ||||||
| 18 | the
Director of the Illinois Department of State Police or his | ||||||
| 19 | designee upon receiving
any request for a copy of or | ||||||
| 20 | information concerning any vital record
registered pursuant to | ||||||
| 21 | this Section.
| ||||||
| 22 | (8) If the court order directing the State Registrar of | ||||||
| 23 | Vital Records
to establish a fictitious vital record does not | ||||||
| 24 | specify a time for the
destruction or elimination of such vital | ||||||
| 25 | record, the fictitious vital
record shall be destroyed or | ||||||
| 26 | eliminated at the conclusion of the
investigation or when the | ||||||
| |||||||
| |||||||
| 1 | Director of the Illinois Department of State Police
determines | ||||||
| 2 | that such record is no longer necessary. After the destruction
| ||||||
| 3 | of such record, the Director of the Illinois Department of | ||||||
| 4 | State Police shall so notify
the court which entered the order | ||||||
| 5 | directing the establishment of the
fictitious vital record.
| ||||||
| 6 | (Source: P.A. 85-829.)
| ||||||
| 7 | (410 ILCS 535/25.1) (from Ch. 111 1/2, par. 73-25.1)
| ||||||
| 8 | Sec. 25.1. (a) When the State Registrar of Vital Records | ||||||
| 9 | receives
or prepares a death certificate the Registrar shall | ||||||
| 10 | make an
appropriate notation in the birth certificate record of | ||||||
| 11 | that person that
the person is deceased. The Registrar shall | ||||||
| 12 | also notify the appropriate
municipal or county custodian of | ||||||
| 13 | such birth record that the person is
deceased, and such | ||||||
| 14 | custodian shall likewise make an appropriate notation
in its | ||||||
| 15 | records.
| ||||||
| 16 | (b) In response to any inquiry, the Registrar or a | ||||||
| 17 | custodian shall not
provide a copy of a birth certificate or | ||||||
| 18 | information concerning the birth
record of any deceased person | ||||||
| 19 | except as provided in this subsection (b) or
as otherwise | ||||||
| 20 | provided in this Act or as approved by the Department. When a
| ||||||
| 21 | copy of the birth certificate of a deceased person is | ||||||
| 22 | requested, the
Registrar or custodian shall require the person | ||||||
| 23 | making the request to
complete an information form, which shall | ||||||
| 24 | be developed and furnished by the
Department and shall include, | ||||||
| 25 | at a minimum, the name, address, telephone
number, social | ||||||
| |||||||
| |||||||
| 1 | security number and driver's license number of the person
| ||||||
| 2 | making the request. Before furnishing the copy, the custodian | ||||||
| 3 | shall
prominently stamp on the copy the word "DECEASED" and | ||||||
| 4 | write or stamp on the
copy the date of death of the deceased | ||||||
| 5 | person. The custodian shall retain
the information form | ||||||
| 6 | completed by the person making the request, and note
on the | ||||||
| 7 | birth certificate record that such a request was made. The
| ||||||
| 8 | custodian shall make the information form available to the | ||||||
| 9 | Illinois Department of State Police or any local law | ||||||
| 10 | enforcement agency upon request. A city or
county custodian | ||||||
| 11 | shall promptly submit copies of all completed forms to the
| ||||||
| 12 | Registrar. The word "DECEASED" and the date of death shall not | ||||||
| 13 | appear on a copy of a birth certificate furnished to a parent | ||||||
| 14 | of a child who died within 3 months of birth, provided no other | ||||||
| 15 | copy of a birth certificate was furnished to the parent prior | ||||||
| 16 | to the child's death.
| ||||||
| 17 | (c) The Registrar shall furnish, no later than 60 days | ||||||
| 18 | after receipt of
a form used to request a birth certificate | ||||||
| 19 | record of a deceased person, a
copy of the form and a copy of | ||||||
| 20 | the corresponding birth certificate record
to the
Department of | ||||||
| 21 | Healthcare and Family Services and the Department of Human
| ||||||
| 22 | Services. The Department of Healthcare and Family Services and | ||||||
| 23 | the Department of Human Services shall, upon receipt of such
| ||||||
| 24 | information, check their records to
ensure that no claim for | ||||||
| 25 | public assistance under the Illinois Public Aid
Code is being | ||||||
| 26 | made either by a person
purporting to be the deceased person or | ||||||
| |||||||
| |||||||
| 1 | by any person on behalf of the
deceased person.
| ||||||
| 2 | (d) Notwithstanding the requirements of subsection (b), | ||||||
| 3 | when the death of a child occurs within 90 days of that child's | ||||||
| 4 | live birth, the mother listed on the birth certificate of that | ||||||
| 5 | child may request the issuance of a copy of a certificate of | ||||||
| 6 | live birth from the State Registrar. Such request shall be made | ||||||
| 7 | in accordance with subsection (b), shall indicate the | ||||||
| 8 | requestor's relationship to the child, and shall be made not | ||||||
| 9 | later than 9 months from the date of the death of the child. | ||||||
| 10 | Except as provided herein, the Registrar shall conform to all | ||||||
| 11 | requirements of this Act in issuing copies of certificates | ||||||
| 12 | under this subsection (d).
| ||||||
| 13 | (Source: P.A. 94-7, eff. 6-6-05; 95-331, eff. 8-21-07.)
| ||||||
| 14 | Section 840. The Illinois Food, Drug and Cosmetic Act is | ||||||
| 15 | amended by changing Section 3.21 as follows:
| ||||||
| 16 | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| ||||||
| 17 | Sec. 3.21. Except as authorized by this Act, the Illinois | ||||||
| 18 | Controlled Substances
Act, the Pharmacy Practice Act, the | ||||||
| 19 | Dental Practice Act, the Medical
Practice Act of 1987, the | ||||||
| 20 | Veterinary Medicine and Surgery Practice Act of
2004, the | ||||||
| 21 | Podiatric Medical Practice Act of 1987, Section 22-30 of the | ||||||
| 22 | School Code, Section 40 of the Illinois State Police Act, | ||||||
| 23 | Section 10.19 of the Illinois Police Training Act, or the | ||||||
| 24 | Epinephrine Injector Act, to sell or dispense a
prescription | ||||||
| |||||||
| |||||||
| 1 | drug without a prescription.
| ||||||
| 2 | (Source: P.A. 99-78, eff. 7-20-15; 99-711, eff. 1-1-17; | ||||||
| 3 | 100-799, eff. 1-1-19.)
| ||||||
| 4 | Section 845. The Cannabis Regulation and Tax Act is amended | ||||||
| 5 | by changing Sections 1-10, 5-20, 15-25, 15-30, 15-40, 15-65, | ||||||
| 6 | 15-75, 15-100, 15-135, 20-15, 20-30, 20-35, 20-40, 25-30, | ||||||
| 7 | 25-35, 30-10, 30-30, 30-35, 30-40, 35-10, 35-25, 35-30, 40-10, | ||||||
| 8 | 40-25, 40-30, 40-35, 55-15, 55-30, 55-35, 55-40, 55-50, 55-55, | ||||||
| 9 | and 55-80 as follows:
| ||||||
| 10 | (410 ILCS 705/1-10)
| ||||||
| 11 | Sec. 1-10. Definitions. In this Act: | ||||||
| 12 | "Adult Use Cultivation Center License" means a license | ||||||
| 13 | issued by the Department of Agriculture that permits a person | ||||||
| 14 | to act as a cultivation center under this Act and any | ||||||
| 15 | administrative rule made in furtherance of this Act. | ||||||
| 16 | "Adult Use Dispensing Organization License" means a | ||||||
| 17 | license issued by the Department of Financial and Professional | ||||||
| 18 | Regulation that permits a person to act as a dispensing | ||||||
| 19 | organization under this Act and any administrative rule made in | ||||||
| 20 | furtherance of this Act. | ||||||
| 21 | "Advertise" means to engage in promotional activities | ||||||
| 22 | including, but not limited to: newspaper, radio, Internet and | ||||||
| 23 | electronic media, and television advertising; the distribution | ||||||
| 24 | of fliers and circulars; billboard advertising; and the display | ||||||
| |||||||
| |||||||
| 1 | of window and interior signs. "Advertise" does not mean | ||||||
| 2 | exterior signage displaying only the name of the licensed | ||||||
| 3 | cannabis business establishment. | ||||||
| 4 | "BLS Region" means a region in Illinois used by the United | ||||||
| 5 | States Bureau of Labor Statistics to gather and categorize | ||||||
| 6 | certain employment and wage data. The 17 such regions in | ||||||
| 7 | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, | ||||||
| 8 | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, | ||||||
| 9 | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, | ||||||
| 10 | Rockford, St. Louis, Springfield, Northwest Illinois | ||||||
| 11 | nonmetropolitan area, West Central Illinois nonmetropolitan | ||||||
| 12 | area, East Central Illinois nonmetropolitan area, and South | ||||||
| 13 | Illinois nonmetropolitan area. | ||||||
| 14 | "Cannabis" means marijuana, hashish, and other substances | ||||||
| 15 | that are identified as including any parts of the plant | ||||||
| 16 | Cannabis sativa and including derivatives or subspecies, such | ||||||
| 17 | as indica, of all strains of cannabis, whether growing or not; | ||||||
| 18 | the seeds thereof, the resin extracted from any part of the | ||||||
| 19 | plant; and any compound, manufacture, salt, derivative, | ||||||
| 20 | mixture, or preparation of the plant, its seeds, or resin, | ||||||
| 21 | including tetrahydrocannabinol (THC) and all other naturally | ||||||
| 22 | produced cannabinol derivatives, whether produced directly or | ||||||
| 23 | indirectly by extraction; however, "cannabis" does not include | ||||||
| 24 | the mature stalks of the plant, fiber produced from the stalks, | ||||||
| 25 | oil or cake made from the seeds of the plant, any other | ||||||
| 26 | compound, manufacture, salt, derivative, mixture, or | ||||||
| |||||||
| |||||||
| 1 | preparation of the mature stalks (except the resin extracted | ||||||
| 2 | from it), fiber, oil or cake, or the sterilized seed of the | ||||||
| 3 | plant that is incapable of germination. "Cannabis" does not | ||||||
| 4 | include industrial hemp as defined and authorized under the | ||||||
| 5 | Industrial Hemp Act. "Cannabis" also means cannabis flower, | ||||||
| 6 | concentrate, and cannabis-infused products. | ||||||
| 7 | "Cannabis business establishment" means a cultivation | ||||||
| 8 | center, craft grower, processing organization, infuser | ||||||
| 9 | organization, dispensing organization, or transporting | ||||||
| 10 | organization. | ||||||
| 11 | "Cannabis concentrate" means a product derived from | ||||||
| 12 | cannabis that is produced by extracting cannabinoids, | ||||||
| 13 | including tetrahydrocannabinol (THC), from the plant through | ||||||
| 14 | the use of propylene glycol, glycerin, butter, olive oil or | ||||||
| 15 | other typical cooking fats; water, ice, or dry ice; or butane, | ||||||
| 16 | propane, CO2, ethanol, or isopropanol and with the intended use | ||||||
| 17 | of smoking or making a cannabis-infused product. The use of any | ||||||
| 18 | other solvent is expressly prohibited unless and until it is | ||||||
| 19 | approved by the Department of Agriculture. | ||||||
| 20 | "Cannabis container" means a sealed, traceable, container, | ||||||
| 21 | or package used for the purpose of containment of cannabis or | ||||||
| 22 | cannabis-infused product during transportation. | ||||||
| 23 | "Cannabis flower" means marijuana, hashish, and other | ||||||
| 24 | substances that are identified as including any parts of the | ||||||
| 25 | plant Cannabis sativa and including derivatives or subspecies, | ||||||
| 26 | such as indica, of all strains of cannabis; including raw kief, | ||||||
| |||||||
| |||||||
| 1 | leaves, and buds, but not resin that has been extracted from | ||||||
| 2 | any part of such plant; nor any compound, manufacture, salt, | ||||||
| 3 | derivative, mixture, or preparation of such plant, its seeds, | ||||||
| 4 | or resin. | ||||||
| 5 | "Cannabis-infused product" means a beverage, food, oil, | ||||||
| 6 | ointment, tincture, topical formulation, or another product | ||||||
| 7 | containing cannabis or cannabis concentrate that is not | ||||||
| 8 | intended to be smoked. | ||||||
| 9 | "Cannabis paraphernalia" means equipment, products, or | ||||||
| 10 | materials intended to be used for planting, propagating, | ||||||
| 11 | cultivating, growing, harvesting, manufacturing, producing, | ||||||
| 12 | processing, preparing, testing, analyzing, packaging, | ||||||
| 13 | repackaging, storing, containing, concealing, ingesting, or | ||||||
| 14 | otherwise introducing cannabis into the human body. | ||||||
| 15 | "Cannabis plant monitoring system" or "plant monitoring | ||||||
| 16 | system" means a system that includes, but is not limited to, | ||||||
| 17 | testing and data collection established and maintained by the | ||||||
| 18 | cultivation center, craft grower, or processing organization | ||||||
| 19 | and that is available to the Department of Revenue, the | ||||||
| 20 | Department of Agriculture, the Department of Financial and | ||||||
| 21 | Professional Regulation, and the Illinois Department of State | ||||||
| 22 | Police for the purposes of documenting each cannabis plant and | ||||||
| 23 | monitoring plant development throughout the life cycle of a | ||||||
| 24 | cannabis plant cultivated for the intended use by a customer | ||||||
| 25 | from seed planting to final packaging. | ||||||
| 26 | "Cannabis testing facility" means an entity registered by | ||||||
| |||||||
| |||||||
| 1 | the Department of Agriculture to test cannabis for potency and | ||||||
| 2 | contaminants. | ||||||
| 3 | "Clone" means a plant section from a female cannabis plant | ||||||
| 4 | not yet rootbound, growing in a water solution or other | ||||||
| 5 | propagation matrix, that is capable of developing into a new | ||||||
| 6 | plant. | ||||||
| 7 | "Community College Cannabis Vocational Training Pilot | ||||||
| 8 | Program faculty participant" means a person who is 21 years of | ||||||
| 9 | age or older, licensed by the Department of Agriculture, and is | ||||||
| 10 | employed or contracted by an Illinois community college to | ||||||
| 11 | provide student instruction using cannabis plants at an | ||||||
| 12 | Illinois Community College. | ||||||
| 13 | "Community College Cannabis Vocational Training Pilot | ||||||
| 14 | Program faculty participant Agent Identification Card" means a | ||||||
| 15 | document issued by the Department of Agriculture that | ||||||
| 16 | identifies a person as Community College Cannabis Vocational | ||||||
| 17 | Training Pilot Program faculty participant. | ||||||
| 18 | "Conditional Adult Use Dispensing Organization License" | ||||||
| 19 | means a license awarded to top-scoring applicants for an Adult | ||||||
| 20 | Use Dispensing Organization License that reserves the right to | ||||||
| 21 | an Adult Use Dispensing Organization License if the applicant | ||||||
| 22 | meets certain conditions described in this Act, but does not | ||||||
| 23 | entitle the recipient to begin purchasing or selling cannabis | ||||||
| 24 | or cannabis-infused products. | ||||||
| 25 | "Conditional Adult Use Cultivation Center License" means a | ||||||
| 26 | license awarded to top-scoring applicants for an Adult Use | ||||||
| |||||||
| |||||||
| 1 | Cultivation Center License that reserves the right to an Adult | ||||||
| 2 | Use Cultivation Center License if the applicant meets certain | ||||||
| 3 | conditions as determined by the Department of Agriculture by | ||||||
| 4 | rule, but does not entitle the recipient to begin growing, | ||||||
| 5 | processing, or selling cannabis or cannabis-infused products. | ||||||
| 6 | "Craft grower" means a facility operated by an organization | ||||||
| 7 | or business that is licensed by the Department of Agriculture | ||||||
| 8 | to cultivate, dry, cure, and package cannabis and perform other | ||||||
| 9 | necessary activities to make cannabis available for sale at a | ||||||
| 10 | dispensing organization or use at a processing organization. A | ||||||
| 11 | craft grower may contain up to 5,000 square feet of canopy | ||||||
| 12 | space on its premises for plants in the flowering state. The | ||||||
| 13 | Department of Agriculture may authorize an increase or decrease | ||||||
| 14 | of flowering stage cultivation space in increments of 3,000 | ||||||
| 15 | square feet by rule based on market need, craft grower | ||||||
| 16 | capacity, and the licensee's history of compliance or | ||||||
| 17 | noncompliance, with a maximum space of 14,000 square feet for | ||||||
| 18 | cultivating plants in the flowering stage, which must be | ||||||
| 19 | cultivated in all stages of growth in an enclosed and secure | ||||||
| 20 | area. A craft grower may share premises with a processing | ||||||
| 21 | organization or a dispensing organization, or both, provided | ||||||
| 22 | each licensee stores currency and cannabis or cannabis-infused | ||||||
| 23 | products in a separate secured vault to which the other | ||||||
| 24 | licensee does not have access or all licensees sharing a vault | ||||||
| 25 | share more than 50% of the same ownership. | ||||||
| 26 | "Craft grower agent" means a principal officer, board | ||||||
| |||||||
| |||||||
| 1 | member, employee, or other agent of a craft grower who is 21 | ||||||
| 2 | years of age or older. | ||||||
| 3 | "Craft Grower Agent Identification Card" means a document | ||||||
| 4 | issued by the Department of Agriculture that identifies a | ||||||
| 5 | person as a craft grower agent. | ||||||
| 6 | "Cultivation center" means a facility operated by an | ||||||
| 7 | organization or business that is licensed by the Department of | ||||||
| 8 | Agriculture to cultivate, process, transport (unless otherwise | ||||||
| 9 | limited by this Act), and perform other necessary activities to | ||||||
| 10 | provide cannabis and cannabis-infused products to cannabis | ||||||
| 11 | business establishments. | ||||||
| 12 | "Cultivation center agent" means a principal officer, | ||||||
| 13 | board member, employee, or other agent of a cultivation center | ||||||
| 14 | who is 21 years of age or older. | ||||||
| 15 | "Cultivation Center Agent Identification Card" means a | ||||||
| 16 | document issued by the Department of Agriculture that | ||||||
| 17 | identifies a person as a cultivation center agent. | ||||||
| 18 | "Currency" means currency and coin of the United States. | ||||||
| 19 | "Dispensary" means a facility operated by a dispensing | ||||||
| 20 | organization at which activities licensed by this Act may | ||||||
| 21 | occur. | ||||||
| 22 | "Dispensing organization" means a facility operated by an | ||||||
| 23 | organization or business that is licensed by the Department of | ||||||
| 24 | Financial and Professional Regulation to acquire cannabis from | ||||||
| 25 | a cultivation center, craft grower, processing organization, | ||||||
| 26 | or another dispensary for the purpose of selling or dispensing | ||||||
| |||||||
| |||||||
| 1 | cannabis, cannabis-infused products, cannabis seeds, | ||||||
| 2 | paraphernalia, or related supplies under this Act to purchasers | ||||||
| 3 | or to qualified registered medical cannabis patients and | ||||||
| 4 | caregivers. As used in this Act, "dispensing organization" | ||||||
| 5 | includes a registered medical cannabis organization as defined | ||||||
| 6 | in the Compassionate Use of Medical Cannabis Program Act or its | ||||||
| 7 | successor Act that has obtained an Early Approval Adult Use | ||||||
| 8 | Dispensing Organization License. | ||||||
| 9 | "Dispensing organization agent" means a principal officer, | ||||||
| 10 | employee, or agent of a dispensing organization who is 21 years | ||||||
| 11 | of age or older. | ||||||
| 12 | "Dispensing organization agent identification card" means | ||||||
| 13 | a document issued by the Department of Financial and | ||||||
| 14 | Professional Regulation that identifies a person as a | ||||||
| 15 | dispensing organization agent. | ||||||
| 16 | "Disproportionately Impacted Area" means a census tract or | ||||||
| 17 | comparable geographic area that satisfies the following | ||||||
| 18 | criteria as determined by the Department of Commerce and | ||||||
| 19 | Economic Opportunity, that: | ||||||
| 20 | (1) meets at least one of the following criteria: | ||||||
| 21 | (A) the area has a poverty rate of at least 20% | ||||||
| 22 | according to the latest federal decennial census; or | ||||||
| 23 | (B) 75% or more of the children in the area | ||||||
| 24 | participate in the federal free lunch program | ||||||
| 25 | according to reported statistics from the State Board | ||||||
| 26 | of Education; or | ||||||
| |||||||
| |||||||
| 1 | (C) at least 20% of the households in the area | ||||||
| 2 | receive assistance under the Supplemental Nutrition | ||||||
| 3 | Assistance Program; or | ||||||
| 4 | (D) the area has an average unemployment rate, as | ||||||
| 5 | determined by the Illinois Department of Employment | ||||||
| 6 | Security, that is more than 120% of the national | ||||||
| 7 | unemployment average, as determined by the United | ||||||
| 8 | States Department of Labor, for a period of at least 2 | ||||||
| 9 | consecutive calendar years preceding the date of the | ||||||
| 10 | application; and | ||||||
| 11 | (2) has high rates of arrest, conviction, and | ||||||
| 12 | incarceration related to the sale, possession, use, | ||||||
| 13 | cultivation, manufacture, or transport of cannabis. | ||||||
| 14 | "Early Approval Adult Use Cultivation Center License" | ||||||
| 15 | means a license that permits a medical cannabis cultivation | ||||||
| 16 | center licensed under the Compassionate Use of Medical Cannabis | ||||||
| 17 | Program Act as of the effective date of this Act to begin | ||||||
| 18 | cultivating, infusing, packaging, transporting (unless | ||||||
| 19 | otherwise provided in this Act), processing and selling | ||||||
| 20 | cannabis or cannabis-infused product to cannabis business | ||||||
| 21 | establishments for resale to purchasers as permitted by this | ||||||
| 22 | Act as of January 1, 2020. | ||||||
| 23 | "Early Approval Adult Use Dispensing Organization License" | ||||||
| 24 | means a license that permits a medical cannabis dispensing | ||||||
| 25 | organization licensed under the Compassionate Use of Medical | ||||||
| 26 | Cannabis Program Act as of the effective date of this Act to | ||||||
| |||||||
| |||||||
| 1 | begin selling cannabis or cannabis-infused product to | ||||||
| 2 | purchasers as permitted by this Act as of January 1, 2020. | ||||||
| 3 | "Early Approval Adult Use Dispensing Organization at a | ||||||
| 4 | secondary site" means a license that permits a medical cannabis | ||||||
| 5 | dispensing organization licensed under the Compassionate Use | ||||||
| 6 | of Medical Cannabis Program Act as of the effective date of | ||||||
| 7 | this Act to begin selling cannabis or cannabis-infused product | ||||||
| 8 | to purchasers as permitted by this Act on January 1, 2020 at a | ||||||
| 9 | different dispensary location from its existing registered | ||||||
| 10 | medical dispensary location. | ||||||
| 11 | "Enclosed, locked facility" means a room, greenhouse, | ||||||
| 12 | building, or other enclosed area equipped with locks or other | ||||||
| 13 | security devices that permit access only by cannabis business | ||||||
| 14 | establishment agents working for the licensed cannabis | ||||||
| 15 | business establishment or acting pursuant to this Act to | ||||||
| 16 | cultivate, process, store, or distribute cannabis. | ||||||
| 17 | "Enclosed, locked space" means a closet, room, greenhouse, | ||||||
| 18 | building or other enclosed area equipped with locks or other | ||||||
| 19 | security devices that permit access only by authorized | ||||||
| 20 | individuals under this Act. "Enclosed, locked space" may | ||||||
| 21 | include: | ||||||
| 22 | (1) a space within a residential building that (i) is | ||||||
| 23 | the primary residence of the individual cultivating 5 or | ||||||
| 24 | fewer cannabis plants that are more than 5 inches tall and | ||||||
| 25 | (ii) includes sleeping quarters and indoor plumbing. The | ||||||
| 26 | space must only be accessible by a key or code that is | ||||||
| |||||||
| |||||||
| 1 | different from any key or code that can be used to access | ||||||
| 2 | the residential building from the exterior; or | ||||||
| 3 | (2) a structure, such as a shed or greenhouse, that | ||||||
| 4 | lies on the same plot of land as a residential building | ||||||
| 5 | that (i) includes sleeping quarters and indoor plumbing and | ||||||
| 6 | (ii) is used as a primary residence by the person | ||||||
| 7 | cultivating 5 or fewer cannabis plants that are more than 5 | ||||||
| 8 | inches tall, such as a shed or greenhouse. The structure | ||||||
| 9 | must remain locked when it is unoccupied by people. | ||||||
| 10 | "Financial institution" has the same meaning as "financial | ||||||
| 11 | organization" as defined in Section 1501 of the Illinois Income | ||||||
| 12 | Tax Act, and also includes the holding companies, subsidiaries, | ||||||
| 13 | and affiliates of such financial organizations. | ||||||
| 14 | "Flowering stage" means the stage of cultivation where and | ||||||
| 15 | when a cannabis plant is cultivated to produce plant material | ||||||
| 16 | for cannabis products. This includes mature plants as follows: | ||||||
| 17 | (1) if greater than 2 stigmas are visible at each | ||||||
| 18 | internode of the plant; or | ||||||
| 19 | (2) if the cannabis plant is in an area that has been | ||||||
| 20 | intentionally deprived of light for a period of time | ||||||
| 21 | intended to produce flower buds and induce maturation, from | ||||||
| 22 | the moment the light deprivation began through the | ||||||
| 23 | remainder of the marijuana plant growth cycle. | ||||||
| 24 | "Individual" means a natural person. | ||||||
| 25 | "Infuser organization" or "infuser" means a facility | ||||||
| 26 | operated by an organization or business that is licensed by the | ||||||
| |||||||
| |||||||
| 1 | Department of Agriculture to directly incorporate cannabis or | ||||||
| 2 | cannabis concentrate into a product formulation to produce a | ||||||
| 3 | cannabis-infused product. | ||||||
| 4 | "Kief" means the resinous crystal-like trichomes that are | ||||||
| 5 | found on cannabis and that are accumulated, resulting in a | ||||||
| 6 | higher concentration of cannabinoids, untreated by heat or | ||||||
| 7 | pressure, or extracted using a solvent. | ||||||
| 8 | "Labor peace agreement" means an agreement between a | ||||||
| 9 | cannabis business establishment and any labor organization | ||||||
| 10 | recognized under the National Labor Relations Act, referred to | ||||||
| 11 | in this Act as a bona fide labor organization, that prohibits | ||||||
| 12 | labor organizations and members from engaging in picketing, | ||||||
| 13 | work stoppages, boycotts, and any other economic interference | ||||||
| 14 | with the cannabis business establishment. This agreement means | ||||||
| 15 | that the cannabis business establishment has agreed not to | ||||||
| 16 | disrupt efforts by the bona fide labor organization to | ||||||
| 17 | communicate with, and attempt to organize and represent, the | ||||||
| 18 | cannabis business establishment's employees. The agreement | ||||||
| 19 | shall provide a bona fide labor organization access at | ||||||
| 20 | reasonable times to areas in which the cannabis business | ||||||
| 21 | establishment's employees work, for the purpose of meeting with | ||||||
| 22 | employees to discuss their right to representation, employment | ||||||
| 23 | rights under State law, and terms and conditions of employment. | ||||||
| 24 | This type of agreement shall not mandate a particular method of | ||||||
| 25 | election or certification of the bona fide labor organization. | ||||||
| 26 | "Limited access area" means a room or other area under the | ||||||
| |||||||
| |||||||
| 1 | control of a cannabis dispensing organization licensed under | ||||||
| 2 | this Act and upon the licensed premises where cannabis sales | ||||||
| 3 | occur with access limited to purchasers, dispensing | ||||||
| 4 | organization owners and other dispensing organization agents, | ||||||
| 5 | or service professionals conducting business with the | ||||||
| 6 | dispensing organization, or, if sales to registered qualifying | ||||||
| 7 | patients, caregivers, provisional patients, and Opioid | ||||||
| 8 | Alternative Pilot Program participants licensed pursuant to | ||||||
| 9 | the Compassionate Use of Medical Cannabis Program Act are also | ||||||
| 10 | permitted at the dispensary, registered qualifying patients, | ||||||
| 11 | caregivers, provisional patients, and Opioid Alternative Pilot | ||||||
| 12 | Program participants. | ||||||
| 13 | "Member of an impacted family" means an individual who has | ||||||
| 14 | a parent, legal guardian, child, spouse, or dependent, or was a | ||||||
| 15 | dependent of an individual who, prior to the effective date of | ||||||
| 16 | this Act, was arrested for, convicted of, or adjudicated | ||||||
| 17 | delinquent for any offense that is eligible for expungement | ||||||
| 18 | under this Act. | ||||||
| 19 | "Mother plant" means a cannabis plant that is cultivated or | ||||||
| 20 | maintained for the purpose of generating clones, and that will | ||||||
| 21 | not be used to produce plant material for sale to an infuser or | ||||||
| 22 | dispensing organization. | ||||||
| 23 | "Ordinary public view" means within the sight line with | ||||||
| 24 | normal visual range of a person, unassisted by visual aids, | ||||||
| 25 | from a public street or sidewalk adjacent to real property, or | ||||||
| 26 | from within an adjacent property. | ||||||
| |||||||
| |||||||
| 1 | "Ownership and control" means ownership of at least 51% of | ||||||
| 2 | the business, including corporate stock if a corporation, and | ||||||
| 3 | control over the management and day-to-day operations of the | ||||||
| 4 | business and an interest in the capital, assets, and profits | ||||||
| 5 | and losses of the business proportionate to percentage of | ||||||
| 6 | ownership. | ||||||
| 7 | "Person" means a natural individual, firm, partnership, | ||||||
| 8 | association, joint stock company, joint venture, public or | ||||||
| 9 | private corporation, limited liability company, or a receiver, | ||||||
| 10 | executor, trustee, guardian, or other representative appointed | ||||||
| 11 | by order of any court. | ||||||
| 12 | "Possession limit" means the amount of cannabis under | ||||||
| 13 | Section 10-10 that may be possessed at any one time by a person | ||||||
| 14 | 21 years of age or older or who is a registered qualifying | ||||||
| 15 | medical cannabis patient or caregiver under the Compassionate | ||||||
| 16 | Use of Medical Cannabis Program Act. | ||||||
| 17 | "Principal officer" includes a cannabis business | ||||||
| 18 | establishment applicant or licensed cannabis business | ||||||
| 19 | establishment's board member, owner with more than 1% interest | ||||||
| 20 | of the total cannabis business establishment or more than 5% | ||||||
| 21 | interest of the total cannabis business establishment of a | ||||||
| 22 | publicly traded company, president, vice president, secretary, | ||||||
| 23 | treasurer, partner, officer, member, manager member, or person | ||||||
| 24 | with a profit sharing, financial interest, or revenue sharing | ||||||
| 25 | arrangement. The definition includes a person with authority to | ||||||
| 26 | control the cannabis business establishment, a person who | ||||||
| |||||||
| |||||||
| 1 | assumes responsibility for the debts of the cannabis business | ||||||
| 2 | establishment and who is further defined in this Act. | ||||||
| 3 | "Primary residence" means a dwelling where a person usually | ||||||
| 4 | stays or stays more often than other locations. It may be | ||||||
| 5 | determined by, without limitation, presence, tax filings; | ||||||
| 6 | address on an Illinois driver's license, an Illinois | ||||||
| 7 | Identification Card, or an Illinois Person with a Disability | ||||||
| 8 | Identification Card; or voter registration. No person may have | ||||||
| 9 | more than one primary residence. | ||||||
| 10 | "Processing organization" or "processor" means a facility | ||||||
| 11 | operated by an organization or business that is licensed by the | ||||||
| 12 | Department of Agriculture to either extract constituent | ||||||
| 13 | chemicals or compounds to produce cannabis concentrate or | ||||||
| 14 | incorporate cannabis or cannabis concentrate into a product | ||||||
| 15 | formulation to produce a cannabis product. | ||||||
| 16 | "Processing organization agent" means a principal officer, | ||||||
| 17 | board member, employee, or agent of a processing organization. | ||||||
| 18 | "Processing organization agent identification card" means | ||||||
| 19 | a document issued by the Department of Agriculture that | ||||||
| 20 | identifies a person as a processing organization agent. | ||||||
| 21 | "Purchaser" means a person 21 years of age or older who | ||||||
| 22 | acquires cannabis for a valuable consideration. "Purchaser" | ||||||
| 23 | does not include a cardholder under the Compassionate Use of | ||||||
| 24 | Medical Cannabis Program Act. | ||||||
| 25 | "Qualified Social Equity Applicant" means a Social Equity | ||||||
| 26 | Applicant who has been awarded a conditional license under this | ||||||
| |||||||
| |||||||
| 1 | Act to operate a cannabis business establishment. | ||||||
| 2 | "Resided" means an individual's primary residence was | ||||||
| 3 | located within the relevant geographic area as established by 2 | ||||||
| 4 | of the following: | ||||||
| 5 | (1) a signed lease agreement that includes the | ||||||
| 6 | applicant's name; | ||||||
| 7 | (2) a property deed that includes the applicant's name; | ||||||
| 8 | (3) school records; | ||||||
| 9 | (4) a voter registration card; | ||||||
| 10 | (5) an Illinois driver's license, an Illinois | ||||||
| 11 | Identification Card, or an Illinois Person with a | ||||||
| 12 | Disability Identification Card; | ||||||
| 13 | (6) a paycheck stub; | ||||||
| 14 | (7) a utility bill; | ||||||
| 15 | (8) tax records; or | ||||||
| 16 | (9) any other proof of residency or other information | ||||||
| 17 | necessary to establish residence as provided by rule. | ||||||
| 18 | "Smoking" means the inhalation of smoke caused by the | ||||||
| 19 | combustion of cannabis. | ||||||
| 20 | "Social Equity Applicant" means an applicant that is an | ||||||
| 21 | Illinois resident that meets one of the following criteria: | ||||||
| 22 | (1) an applicant with at least 51% ownership and | ||||||
| 23 | control by one or more individuals who have resided for at | ||||||
| 24 | least 5 of the preceding 10 years in a Disproportionately | ||||||
| 25 | Impacted Area; | ||||||
| 26 | (2) an applicant with at least 51% ownership and | ||||||
| |||||||
| |||||||
| 1 | control by one or more individuals who:
| ||||||
| 2 | (i) have been arrested for, convicted of, or | ||||||
| 3 | adjudicated delinquent for any offense that is | ||||||
| 4 | eligible for expungement under this Act; or
| ||||||
| 5 | (ii) is a member of an impacted family; | ||||||
| 6 | (3) for applicants with a minimum of 10 full-time | ||||||
| 7 | employees, an applicant with at least 51% of current | ||||||
| 8 | employees who: | ||||||
| 9 | (i) currently reside in a Disproportionately | ||||||
| 10 | Impacted Area; or | ||||||
| 11 | (ii) have been arrested for, convicted of, or | ||||||
| 12 | adjudicated delinquent for any offense that is | ||||||
| 13 | eligible for expungement under this Act or member of an | ||||||
| 14 | impacted family. | ||||||
| 15 | Nothing in this Act shall be construed to preempt or limit | ||||||
| 16 | the duties of any employer under the Job Opportunities for | ||||||
| 17 | Qualified Applicants Act. Nothing in this Act shall permit an | ||||||
| 18 | employer to require an employee to disclose sealed or expunged | ||||||
| 19 | offenses, unless otherwise required by law. | ||||||
| 20 | "Tincture" means a cannabis-infused solution, typically | ||||||
| 21 | comprised of alcohol, glycerin, or vegetable oils, derived | ||||||
| 22 | either directly from the cannabis plant or from a processed | ||||||
| 23 | cannabis extract. A tincture is not an alcoholic liquor as | ||||||
| 24 | defined in the Liquor Control Act of 1934. A tincture shall | ||||||
| 25 | include a calibrated dropper or other similar device capable of | ||||||
| 26 | accurately measuring servings. | ||||||
| |||||||
| |||||||
| 1 | "Transporting organization" or "transporter" means an | ||||||
| 2 | organization or business that is licensed by the Department of | ||||||
| 3 | Agriculture to transport cannabis or cannabis-infused product | ||||||
| 4 | on behalf of a cannabis business establishment or a community | ||||||
| 5 | college licensed under the Community
College Cannabis | ||||||
| 6 | Vocational Training Pilot Program.
| ||||||
| 7 | "Transporting organization agent" means a principal | ||||||
| 8 | officer, board member, employee, or agent of a transporting | ||||||
| 9 | organization. | ||||||
| 10 | "Transporting organization agent identification card" | ||||||
| 11 | means a document issued by the Department of Agriculture that | ||||||
| 12 | identifies a person as a transporting organization agent. | ||||||
| 13 | "Unit of local government" means any county, city, village, | ||||||
| 14 | or incorporated town. | ||||||
| 15 | "Vegetative stage" means the stage of cultivation in which | ||||||
| 16 | a cannabis plant is propagated to produce additional cannabis | ||||||
| 17 | plants or reach a sufficient size for production. This includes | ||||||
| 18 | seedlings, clones, mothers, and other immature cannabis plants | ||||||
| 19 | as follows: | ||||||
| 20 | (1) if the cannabis plant is in an area that has not | ||||||
| 21 | been intentionally deprived of light for a period of time | ||||||
| 22 | intended to produce flower buds and induce maturation, it | ||||||
| 23 | has no more than 2 stigmas visible at each internode of the | ||||||
| 24 | cannabis plant; or | ||||||
| 25 | (2) any cannabis plant that is cultivated solely for | ||||||
| 26 | the purpose of propagating clones and is never used to | ||||||
| |||||||
| |||||||
| 1 | produce cannabis.
| ||||||
| 2 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 3 | (410 ILCS 705/5-20)
| ||||||
| 4 | Sec. 5-20. Background checks. | ||||||
| 5 | (a) Through the Illinois Department of State Police, the | ||||||
| 6 | licensing or issuing Department shall conduct a criminal | ||||||
| 7 | history record check of the prospective principal officers, | ||||||
| 8 | board members, and agents of a cannabis business establishment | ||||||
| 9 | applying for a license or identification card under this Act. | ||||||
| 10 | Each cannabis business establishment prospective principal | ||||||
| 11 | officer, board member, or agent shall submit his or her | ||||||
| 12 | fingerprints to the Illinois Department of State Police in the | ||||||
| 13 | form and manner prescribed by the Illinois Department of State | ||||||
| 14 | Police. | ||||||
| 15 | Unless otherwise provided in this Act, such fingerprints | ||||||
| 16 | shall be transmitted through a live scan fingerprint vendor | ||||||
| 17 | licensed by the Department of Financial and Professional | ||||||
| 18 | Regulation. These fingerprints shall be checked against the | ||||||
| 19 | fingerprint records now and hereafter filed in the Illinois | ||||||
| 20 | Department of State Police and Federal Bureau of Investigation | ||||||
| 21 | criminal history records databases. The Illinois Department of | ||||||
| 22 | State Police shall charge a fee for conducting the criminal | ||||||
| 23 | history record check, which shall be deposited into the State | ||||||
| 24 | Police Services Fund and shall not exceed the actual cost of | ||||||
| 25 | the State and national criminal history record check. The | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police shall furnish, pursuant to | ||||||
| 2 | positive identification, all Illinois conviction information | ||||||
| 3 | and shall forward the national criminal history record | ||||||
| 4 | information to: | ||||||
| 5 | (i) the Department of Agriculture, with respect to a | ||||||
| 6 | cultivation center, craft grower, infuser organization, or | ||||||
| 7 | transporting organization; or | ||||||
| 8 | (ii) the Department of Financial and Professional | ||||||
| 9 | Regulation, with respect to a dispensing organization. | ||||||
| 10 | (b) When applying for the initial license or identification | ||||||
| 11 | card, the background checks for all prospective principal | ||||||
| 12 | officers, board members, and agents shall be completed before | ||||||
| 13 | submitting the application to the licensing or issuing agency. | ||||||
| 14 | (c) All applications for licensure under this Act by | ||||||
| 15 | applicants with criminal convictions shall be subject to | ||||||
| 16 | Sections 2105-131, 2105-135, and 2105-205 of the Department of | ||||||
| 17 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 18 | Illinois.
| ||||||
| 19 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 20 | (410 ILCS 705/15-25)
| ||||||
| 21 | Sec. 15-25. Awarding of Conditional Adult Use Dispensing | ||||||
| 22 | Organization Licenses prior to January 1, 2021. | ||||||
| 23 | (a) The Department shall issue up to 75 Conditional Adult | ||||||
| 24 | Use Dispensing Organization Licenses before May 1, 2020. | ||||||
| 25 | (b) The Department shall make the application for a | ||||||
| |||||||
| |||||||
| 1 | Conditional Adult Use Dispensing Organization License | ||||||
| 2 | available no later than October 1, 2019 and shall accept | ||||||
| 3 | applications no later than January 1, 2020. | ||||||
| 4 | (c) To ensure the geographic dispersion of Conditional | ||||||
| 5 | Adult Use Dispensing Organization License holders, the | ||||||
| 6 | following number of licenses shall be awarded in each BLS | ||||||
| 7 | Region as determined by each region's percentage of the State's | ||||||
| 8 | population: | ||||||
| 9 | (1) Bloomington: 1 | ||||||
| 10 | (2) Cape Girardeau: 1 | ||||||
| 11 | (3) Carbondale-Marion: 1 | ||||||
| 12 | (4) Champaign-Urbana: 1 | ||||||
| 13 | (5) Chicago-Naperville-Elgin: 47 | ||||||
| 14 | (6) Danville: 1 | ||||||
| 15 | (7) Davenport-Moline-Rock Island: 1 | ||||||
| 16 | (8) Decatur: 1 | ||||||
| 17 | (9) Kankakee: 1 | ||||||
| 18 | (10) Peoria: 3 | ||||||
| 19 | (11) Rockford: 2 | ||||||
| 20 | (12) St. Louis: 4 | ||||||
| 21 | (13) Springfield: 1 | ||||||
| 22 | (14) Northwest Illinois nonmetropolitan: 3 | ||||||
| 23 | (15) West Central Illinois nonmetropolitan: 3 | ||||||
| 24 | (16) East Central Illinois nonmetropolitan: 2 | ||||||
| 25 | (17) South Illinois nonmetropolitan: 2 | ||||||
| 26 | (d) An applicant seeking issuance of a Conditional Adult | ||||||
| |||||||
| |||||||
| 1 | Use Dispensing Organization License shall submit an | ||||||
| 2 | application on forms provided by the Department. An applicant | ||||||
| 3 | must meet the following requirements: | ||||||
| 4 | (1) Payment of a nonrefundable application fee of | ||||||
| 5 | $5,000 for each license for which the applicant is | ||||||
| 6 | applying, which shall be deposited into the Cannabis | ||||||
| 7 | Regulation Fund; | ||||||
| 8 | (2) Certification that the applicant will comply with | ||||||
| 9 | the requirements contained in this Act; | ||||||
| 10 | (3) The legal name of the proposed dispensing | ||||||
| 11 | organization; | ||||||
| 12 | (4) A statement that the dispensing organization | ||||||
| 13 | agrees to respond to the Department's supplemental | ||||||
| 14 | requests for information; | ||||||
| 15 | (5) From each principal officer, a statement | ||||||
| 16 | indicating whether that person: | ||||||
| 17 | (A) has previously held or currently holds an | ||||||
| 18 | ownership interest in a cannabis business | ||||||
| 19 | establishment in Illinois; or | ||||||
| 20 | (B) has held an ownership interest in a dispensing | ||||||
| 21 | organization or its equivalent in another state or | ||||||
| 22 | territory of the United States that had the dispensing | ||||||
| 23 | organization registration or license suspended, | ||||||
| 24 | revoked, placed on probationary status, or subjected | ||||||
| 25 | to other disciplinary action; | ||||||
| 26 | (6) Disclosure of whether any principal officer has | ||||||
| |||||||
| |||||||
| 1 | ever filed for bankruptcy or defaulted on spousal support | ||||||
| 2 | or child support obligation; | ||||||
| 3 | (7) A resume for each principal officer, including | ||||||
| 4 | whether that person has an academic degree, certification, | ||||||
| 5 | or relevant experience with a cannabis business | ||||||
| 6 | establishment or in a related industry; | ||||||
| 7 | (8) A description of the training and education that | ||||||
| 8 | will be provided to dispensing organization agents; | ||||||
| 9 | (9) A copy of the proposed operating bylaws; | ||||||
| 10 | (10) A copy of the proposed business plan that complies | ||||||
| 11 | with the requirements in this Act, including, at a minimum, | ||||||
| 12 | the following: | ||||||
| 13 | (A) A description of services to be offered; and | ||||||
| 14 | (B) A description of the process of dispensing | ||||||
| 15 | cannabis; | ||||||
| 16 | (11) A copy of the proposed security plan that complies | ||||||
| 17 | with the requirements in this Article, including: | ||||||
| 18 | (A) The process or controls that will be | ||||||
| 19 | implemented to monitor the dispensary, secure the | ||||||
| 20 | premises, agents, and currency, and prevent the | ||||||
| 21 | diversion, theft, or loss of cannabis; and | ||||||
| 22 | (B) The process to ensure that access to the | ||||||
| 23 | restricted access areas is restricted to, registered | ||||||
| 24 | agents, service professionals, transporting | ||||||
| 25 | organization agents, Department inspectors, and | ||||||
| 26 | security personnel; | ||||||
| |||||||
| |||||||
| 1 | (12) A proposed inventory control plan that complies | ||||||
| 2 | with this Section; | ||||||
| 3 | (13) A proposed floor plan, a square footage estimate, | ||||||
| 4 | and a description of proposed security devices, including, | ||||||
| 5 | without limitation, cameras, motion detectors, servers, | ||||||
| 6 | video storage capabilities, and alarm service providers; | ||||||
| 7 | (14) The name, address, social security number, and | ||||||
| 8 | date of birth of each principal officer and board member of | ||||||
| 9 | the dispensing organization; each of those individuals | ||||||
| 10 | shall be at least 21 years of age; | ||||||
| 11 | (15) Evidence of the applicant's status as a Social | ||||||
| 12 | Equity Applicant, if applicable, and whether a Social | ||||||
| 13 | Equity Applicant plans to apply for a loan or grant issued | ||||||
| 14 | by the Department of Commerce and Economic Opportunity; | ||||||
| 15 | (16) The address, telephone number, and email address | ||||||
| 16 | of the applicant's principal place of business, if | ||||||
| 17 | applicable. A post office box is not permitted; | ||||||
| 18 | (17) Written summaries of any information regarding | ||||||
| 19 | instances in which a business or not-for-profit that a | ||||||
| 20 | prospective board member previously managed or served on | ||||||
| 21 | were fined or censured, or any instances in which a | ||||||
| 22 | business or not-for-profit that a prospective board member | ||||||
| 23 | previously managed or served on had its registration | ||||||
| 24 | suspended or revoked in any administrative or judicial | ||||||
| 25 | proceeding; | ||||||
| 26 | (18) A plan for community engagement; | ||||||
| |||||||
| |||||||
| 1 | (19) Procedures to ensure accurate recordkeeping and | ||||||
| 2 | security measures that are in accordance with this Article | ||||||
| 3 | and Department rules; | ||||||
| 4 | (20) The estimated volume of cannabis it plans to store | ||||||
| 5 | at the dispensary; | ||||||
| 6 | (21) A description of the features that will provide | ||||||
| 7 | accessibility to purchasers as required by the Americans | ||||||
| 8 | with Disabilities Act; | ||||||
| 9 | (22) A detailed description of air treatment systems | ||||||
| 10 | that will be installed to reduce odors; | ||||||
| 11 | (23) A reasonable assurance that the issuance of a | ||||||
| 12 | license will not have a detrimental impact on the community | ||||||
| 13 | in which the applicant wishes to locate; | ||||||
| 14 | (24) The dated signature of each principal officer; | ||||||
| 15 | (25) A description of the enclosed, locked facility | ||||||
| 16 | where cannabis will be stored by the dispensing | ||||||
| 17 | organization; | ||||||
| 18 | (26) Signed statements from each dispensing | ||||||
| 19 | organization agent stating that he or she will not divert | ||||||
| 20 | cannabis; | ||||||
| 21 | (27) The number of licenses it is applying for in each | ||||||
| 22 | BLS Region; | ||||||
| 23 | (28) A diversity plan that includes a narrative of at | ||||||
| 24 | least 2,500 words that establishes a goal of diversity in | ||||||
| 25 | ownership, management, employment, and contracting to | ||||||
| 26 | ensure that diverse participants and groups are afforded | ||||||
| |||||||
| |||||||
| 1 | equality of opportunity; | ||||||
| 2 | (29) A contract with a private security contractor that | ||||||
| 3 | is licensed under Section 10-5 of the Private Detective, | ||||||
| 4 | Private Alarm, Private Security, Fingerprint Vendor, and | ||||||
| 5 | Locksmith Act of 2004 in order for the dispensary to have | ||||||
| 6 | adequate security at its facility; and | ||||||
| 7 | (30) Other information deemed necessary by the | ||||||
| 8 | Illinois Cannabis Regulation Oversight Officer to conduct | ||||||
| 9 | the disparity and availability study referenced in | ||||||
| 10 | subsection (e) of Section 5-45. | ||||||
| 11 | (e) An applicant who receives a Conditional Adult Use | ||||||
| 12 | Dispensing Organization License under this Section has 180 days | ||||||
| 13 | from the date of award to identify a physical location for the | ||||||
| 14 | dispensing organization retail storefront. Before a | ||||||
| 15 | conditional licensee receives an authorization to build out the | ||||||
| 16 | dispensing organization from the Department, the Department | ||||||
| 17 | shall inspect the physical space selected by the conditional | ||||||
| 18 | licensee. The Department shall verify the site is suitable for | ||||||
| 19 | public access, the layout promotes the safe dispensing of | ||||||
| 20 | cannabis, the location is sufficient in size, power allocation, | ||||||
| 21 | lighting, parking, handicapped accessible parking spaces, | ||||||
| 22 | accessible entry and exits as required by the Americans with | ||||||
| 23 | Disabilities Act, product handling, and storage. The applicant | ||||||
| 24 | shall also provide a statement of reasonable assurance that the | ||||||
| 25 | issuance of a license will not have a detrimental impact on the | ||||||
| 26 | community. The applicant shall also provide evidence that the | ||||||
| |||||||
| |||||||
| 1 | location is not within 1,500 feet of an existing dispensing | ||||||
| 2 | organization. If an applicant is unable to find a suitable | ||||||
| 3 | physical address in the opinion of the Department within 180 | ||||||
| 4 | days of the issuance of the Conditional Adult Use Dispensing | ||||||
| 5 | Organization License, the Department may extend the period for | ||||||
| 6 | finding a physical address another 180 days if the Conditional | ||||||
| 7 | Adult Use Dispensing Organization License holder demonstrates | ||||||
| 8 | concrete attempts to secure a location and a hardship. If the | ||||||
| 9 | Department denies the extension or the Conditional Adult Use | ||||||
| 10 | Dispensing Organization License holder is unable to find a | ||||||
| 11 | location or become operational within 360 days of being awarded | ||||||
| 12 | a conditional license, the Department shall rescind the | ||||||
| 13 | conditional license and award it to the next highest scoring | ||||||
| 14 | applicant in the BLS Region for which the license was assigned, | ||||||
| 15 | provided the applicant receiving the license: (i) confirms a | ||||||
| 16 | continued interest in operating a dispensing organization; | ||||||
| 17 | (ii) can provide evidence that the applicant continues to meet | ||||||
| 18 | all requirements for holding a Conditional Adult Use Dispensing | ||||||
| 19 | Organization License set forth in this Act; and (iii) has not | ||||||
| 20 | otherwise become ineligible to be awarded a dispensing | ||||||
| 21 | organization license. If the new awardee is unable to accept | ||||||
| 22 | the Conditional Adult Use Dispensing Organization License, the | ||||||
| 23 | Department shall award the Conditional Adult Use Dispensing | ||||||
| 24 | Organization License to the next highest scoring applicant in | ||||||
| 25 | the same manner. The new awardee shall be subject to the same | ||||||
| 26 | required deadlines as provided in this subsection. | ||||||
| |||||||
| |||||||
| 1 | (e-5) If, within 180 days of being awarded a Conditional | ||||||
| 2 | Adult Use Dispensing Organization License, a dispensing | ||||||
| 3 | organization is unable to find a location within the BLS Region | ||||||
| 4 | in which it was awarded a Conditional Adult Use Dispensing | ||||||
| 5 | Organization License because no jurisdiction within the BLS | ||||||
| 6 | Region allows for the operation of an Adult Use Dispensing | ||||||
| 7 | Organization, the Department of Financial and Professional | ||||||
| 8 | Regulation may authorize the Conditional Adult Use Dispensing | ||||||
| 9 | Organization License holder to transfer its license to a BLS | ||||||
| 10 | Region specified by the Department. | ||||||
| 11 | (f) A dispensing organization that is awarded a Conditional | ||||||
| 12 | Adult Use Dispensing Organization License pursuant to the | ||||||
| 13 | criteria in Section 15-30 shall not purchase, possess, sell, or | ||||||
| 14 | dispense cannabis or cannabis-infused products until the | ||||||
| 15 | person has received an Adult Use Dispensing Organization | ||||||
| 16 | License issued by the Department pursuant to Section 15-36 of | ||||||
| 17 | this Act. | ||||||
| 18 | (g) The Department shall conduct a background check of the | ||||||
| 19 | prospective organization agents in order to carry out this | ||||||
| 20 | Article. The Illinois Department of State Police shall charge | ||||||
| 21 | the applicant a fee for conducting the criminal history record | ||||||
| 22 | check, which shall be deposited into the State Police Services | ||||||
| 23 | Fund and shall not exceed the actual cost of the record check. | ||||||
| 24 | Each person applying as a dispensing organization agent shall | ||||||
| 25 | submit a full set of fingerprints to the Illinois Department of | ||||||
| 26 | State Police for the purpose of obtaining a State and federal | ||||||
| |||||||
| |||||||
| 1 | criminal records check. These fingerprints shall be checked | ||||||
| 2 | against the fingerprint records now and hereafter, to the | ||||||
| 3 | extent allowed by law, filed in the Illinois Department of | ||||||
| 4 | State Police and Federal Bureau of Identification criminal | ||||||
| 5 | history records databases. The Illinois Department of State | ||||||
| 6 | Police shall furnish, following positive identification, all | ||||||
| 7 | Illinois conviction information to the Department.
| ||||||
| 8 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 9 | (410 ILCS 705/15-30)
| ||||||
| 10 | Sec. 15-30. Selection criteria for conditional licenses | ||||||
| 11 | awarded under Section 15-25. | ||||||
| 12 | (a) Applicants for a Conditional Adult Use Dispensing | ||||||
| 13 | Organization License must submit all required information, | ||||||
| 14 | including the information required in Section 15-25, to the | ||||||
| 15 | Department. Failure by an applicant to submit all required | ||||||
| 16 | information may result in the application being disqualified. | ||||||
| 17 | (b) If the Department receives an application that fails to | ||||||
| 18 | provide the required elements contained in this Section, the | ||||||
| 19 | Department shall issue a deficiency notice to the applicant. | ||||||
| 20 | The applicant shall have 10 calendar days from the date of the | ||||||
| 21 | deficiency notice to resubmit the incomplete information. | ||||||
| 22 | Applications that are still incomplete after this opportunity | ||||||
| 23 | to cure will not be scored and will be disqualified. | ||||||
| 24 | (c) The Department will award up to 250 points to complete | ||||||
| 25 | applications based on the sufficiency of the applicant's | ||||||
| |||||||
| |||||||
| 1 | responses to required information. Applicants will be awarded | ||||||
| 2 | points based on a determination that the application | ||||||
| 3 | satisfactorily includes the following elements: | ||||||
| 4 | (1) Suitability of Employee Training Plan (15 points). | ||||||
| 5 | The plan includes an employee training plan that | ||||||
| 6 | demonstrates that employees will understand the rules | ||||||
| 7 | and laws to be followed by dispensary employees, have | ||||||
| 8 | knowledge of any security measures and operating | ||||||
| 9 | procedures of the dispensary, and are able to advise | ||||||
| 10 | purchasers on how to safely consume cannabis and use | ||||||
| 11 | individual products offered by the dispensary. | ||||||
| 12 | (2) Security and Recordkeeping (65 points). | ||||||
| 13 | (A) The security plan accounts for the prevention | ||||||
| 14 | of the theft or diversion of cannabis. The security | ||||||
| 15 | plan demonstrates safety procedures for dispensing | ||||||
| 16 | organization agents and purchasers, and safe delivery | ||||||
| 17 | and storage of cannabis and currency. It demonstrates | ||||||
| 18 | compliance with all security requirements in this Act | ||||||
| 19 | and rules. | ||||||
| 20 | (B) A plan for recordkeeping, tracking, and | ||||||
| 21 | monitoring inventory, quality control, and other | ||||||
| 22 | policies and procedures that will promote standard | ||||||
| 23 | recordkeeping and discourage unlawful activity. This | ||||||
| 24 | plan includes the applicant's strategy to communicate | ||||||
| 25 | with the Department and the Illinois Department of | ||||||
| 26 | State Police on the destruction and disposal of | ||||||
| |||||||
| |||||||
| 1 | cannabis. The plan must also demonstrate compliance | ||||||
| 2 | with this Act and rules. | ||||||
| 3 | (C) The security plan shall also detail which | ||||||
| 4 | private security contractor licensed under Section | ||||||
| 5 | 10-5 of the Private Detective, Private Alarm, Private | ||||||
| 6 | Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 7 | 2004 the dispensary will contract with in order to | ||||||
| 8 | provide adequate security at its facility. | ||||||
| 9 | (3) Applicant's Business Plan, Financials, Operating | ||||||
| 10 | and Floor Plan (65 points). | ||||||
| 11 | (A) The business plan shall describe, at a minimum, | ||||||
| 12 | how the dispensing organization will be managed on a | ||||||
| 13 | long-term basis. This shall include a description of | ||||||
| 14 | the dispensing organization's point-of-sale system, | ||||||
| 15 | purchases and denials of sale, confidentiality, and | ||||||
| 16 | products and services to be offered. It will | ||||||
| 17 | demonstrate compliance with this Act and rules. | ||||||
| 18 | (B) The operating plan shall include, at a minimum, | ||||||
| 19 | best practices for day-to-day dispensary operation and | ||||||
| 20 | staffing. The operating plan may also include | ||||||
| 21 | information about employment practices, including | ||||||
| 22 | information about the percentage of full-time | ||||||
| 23 | employees who will be provided a living wage. | ||||||
| 24 | (C) The proposed floor plan is suitable for public | ||||||
| 25 | access, the layout promotes safe dispensing of | ||||||
| 26 | cannabis, is compliant with the Americans with | ||||||
| |||||||
| |||||||
| 1 | Disabilities Act and the Environmental Barriers Act, | ||||||
| 2 | and facilitates safe product handling and storage. | ||||||
| 3 | (4) Knowledge and Experience (30 points). | ||||||
| 4 | (A) The applicant's principal officers must | ||||||
| 5 | demonstrate experience and qualifications in business | ||||||
| 6 | management or experience with the cannabis industry. | ||||||
| 7 | This includes ensuring optimal safety and accuracy in | ||||||
| 8 | the dispensing and sale of cannabis. | ||||||
| 9 | (B) The applicant's principal officers must | ||||||
| 10 | demonstrate knowledge of various cannabis product | ||||||
| 11 | strains or varieties and describe the types and | ||||||
| 12 | quantities of products planned to be sold. This | ||||||
| 13 | includes confirmation of whether the dispensing | ||||||
| 14 | organization plans to sell cannabis paraphernalia or | ||||||
| 15 | edibles. | ||||||
| 16 | (C) Knowledge and experience may be demonstrated | ||||||
| 17 | through experience in other comparable industries that | ||||||
| 18 | reflect on the applicant's ability to operate a | ||||||
| 19 | cannabis business establishment. | ||||||
| 20 | (5) Status as a Social Equity Applicant (50 points). | ||||||
| 21 | The applicant meets the qualifications for a | ||||||
| 22 | Social Equity Applicant as set forth in this Act. | ||||||
| 23 | (6) Labor and employment practices (5 points): The | ||||||
| 24 | applicant may describe plans to provide a safe, healthy, | ||||||
| 25 | and economically beneficial working environment for its | ||||||
| 26 | agents, including, but not limited to, codes of conduct, | ||||||
| |||||||
| |||||||
| 1 | health care benefits, educational benefits, retirement | ||||||
| 2 | benefits, living wage standards, and entering a labor peace | ||||||
| 3 | agreement with employees. | ||||||
| 4 | (7) Environmental Plan (5 points): The applicant may | ||||||
| 5 | demonstrate an environmental plan of action to minimize the | ||||||
| 6 | carbon footprint, environmental impact, and resource needs | ||||||
| 7 | for the dispensary, which may include, without limitation, | ||||||
| 8 | recycling cannabis product packaging. | ||||||
| 9 | (8) Illinois owner (5 points): The applicant is 51% or | ||||||
| 10 | more owned and controlled by an Illinois resident, who can | ||||||
| 11 | prove residency in each of the past 5 years with tax | ||||||
| 12 | records or 2 of the following: | ||||||
| 13 | (A) a signed lease agreement that includes the | ||||||
| 14 | applicant's name; | ||||||
| 15 | (B) a property deed that includes the applicant's | ||||||
| 16 | name; | ||||||
| 17 | (C) school records; | ||||||
| 18 | (D) a voter registration card; | ||||||
| 19 | (E) an Illinois driver's license, an Illinois | ||||||
| 20 | Identification Card, or an Illinois Person with a | ||||||
| 21 | Disability Identification Card; | ||||||
| 22 | (F) a paycheck stub; | ||||||
| 23 | (G) a utility bill; or | ||||||
| 24 | (H) any other proof of residency or other | ||||||
| 25 | information necessary to establish residence as | ||||||
| 26 | provided by rule. | ||||||
| |||||||
| |||||||
| 1 | (9) Status as veteran (5 points): The applicant is 51% | ||||||
| 2 | or more controlled and owned by an individual or | ||||||
| 3 | individuals who meet the qualifications of a veteran as | ||||||
| 4 | defined by Section 45-57 of the Illinois Procurement Code. | ||||||
| 5 | (10) A diversity plan (5 points): that includes a | ||||||
| 6 | narrative of not more than 2,500 words that establishes a | ||||||
| 7 | goal of diversity in ownership, management, employment, | ||||||
| 8 | and contracting to ensure that diverse participants and | ||||||
| 9 | groups are afforded equality of opportunity. | ||||||
| 10 | (d) The Department may also award up to 2 bonus points for | ||||||
| 11 | a plan to engage with the community. The applicant may | ||||||
| 12 | demonstrate a desire to engage with its community by | ||||||
| 13 | participating in one or more of, but not limited to, the | ||||||
| 14 | following actions: (i) establishment of an incubator program | ||||||
| 15 | designed to increase participation in the cannabis industry by | ||||||
| 16 | persons who would qualify as Social Equity Applicants; (ii) | ||||||
| 17 | providing financial assistance to substance abuse treatment | ||||||
| 18 | centers; (iii) educating children and teens about the potential | ||||||
| 19 | harms of cannabis use; or (iv) other measures demonstrating a | ||||||
| 20 | commitment to the applicant's community. Bonus points will only | ||||||
| 21 | be awarded if the Department receives applications that receive | ||||||
| 22 | an equal score for a particular region. | ||||||
| 23 | (e) The Department may verify information contained in each | ||||||
| 24 | application and accompanying documentation to assess the | ||||||
| 25 | applicant's veracity and fitness to operate a dispensing | ||||||
| 26 | organization. | ||||||
| |||||||
| |||||||
| 1 | (f) The Department may, in its discretion, refuse to issue | ||||||
| 2 | an authorization to any applicant: | ||||||
| 3 | (1) Who is unqualified to perform the duties required | ||||||
| 4 | of the applicant; | ||||||
| 5 | (2) Who fails to disclose or states falsely any | ||||||
| 6 | information called for in the application; | ||||||
| 7 | (3) Who has been found guilty of a violation of this | ||||||
| 8 | Act, or whose medical cannabis dispensing organization, | ||||||
| 9 | medical cannabis cultivation organization, or Early | ||||||
| 10 | Approval Adult Use Dispensing Organization License, or | ||||||
| 11 | Early Approval Adult Use Dispensing Organization License | ||||||
| 12 | at a secondary site, or Early Approval Cultivation Center | ||||||
| 13 | License was suspended, restricted, revoked, or denied for | ||||||
| 14 | just cause, or the applicant's cannabis business | ||||||
| 15 | establishment license was suspended, restricted, revoked, | ||||||
| 16 | or denied in any other state; or | ||||||
| 17 | (4) Who has engaged in a pattern or practice of unfair | ||||||
| 18 | or illegal practices, methods, or activities in the conduct | ||||||
| 19 | of owning a cannabis business establishment or other | ||||||
| 20 | business. | ||||||
| 21 | (g) The Department shall deny the license if any principal | ||||||
| 22 | officer, board member, or person having a financial or voting | ||||||
| 23 | interest of 5% or greater in the licensee is delinquent in | ||||||
| 24 | filing any required tax returns or paying any amounts owed to | ||||||
| 25 | the State of Illinois. | ||||||
| 26 | (h) The Department shall verify an applicant's compliance | ||||||
| |||||||
| |||||||
| 1 | with the requirements of this Article and rules before issuing | ||||||
| 2 | a dispensing organization license. | ||||||
| 3 | (i) Should the applicant be awarded a license, the | ||||||
| 4 | information and plans provided in the application, including | ||||||
| 5 | any plans submitted for bonus points, shall become a condition | ||||||
| 6 | of the Conditional Adult Use Dispensing Organization Licenses | ||||||
| 7 | and any Adult Use Dispensing Organization License issued to the | ||||||
| 8 | holder of the Conditional Adult Use Dispensing Organization | ||||||
| 9 | License, except as otherwise provided by this Act or rule. | ||||||
| 10 | Dispensing organizations have a duty to disclose any material | ||||||
| 11 | changes to the application. The Department shall review all | ||||||
| 12 | material changes disclosed by the dispensing organization, and | ||||||
| 13 | may re-evaluate its prior decision regarding the awarding of a | ||||||
| 14 | license, including, but not limited to, suspending or | ||||||
| 15 | permanently revoking a license. Failure to comply with the | ||||||
| 16 | conditions or requirements in the application may subject the | ||||||
| 17 | dispensing organization to discipline, up to and including | ||||||
| 18 | suspension or permanent revocation of its authorization or | ||||||
| 19 | license by the Department. | ||||||
| 20 | (j) If an applicant has not begun operating as a dispensing | ||||||
| 21 | organization within one year of the issuance of the Conditional | ||||||
| 22 | Adult Use Dispensing Organization License, the Department may | ||||||
| 23 | permanently revoke the Conditional Adult Use Dispensing | ||||||
| 24 | Organization License and award it to the next highest scoring | ||||||
| 25 | applicant in the BLS Region if a suitable applicant indicates a | ||||||
| 26 | continued interest in the license or begin a new selection | ||||||
| |||||||
| |||||||
| 1 | process to award a Conditional Adult Use Dispensing | ||||||
| 2 | Organization License. | ||||||
| 3 | (k) The Department shall deny an application if granting | ||||||
| 4 | that application would result in a single person or entity | ||||||
| 5 | having a direct or indirect financial interest in more than 10 | ||||||
| 6 | Early Approval Adult Use Dispensing Organization Licenses, | ||||||
| 7 | Conditional Adult Use Dispensing Organization Licenses, or | ||||||
| 8 | Adult Use Dispensing Organization Licenses. Any entity that is | ||||||
| 9 | awarded a license that results in a single person or entity | ||||||
| 10 | having a direct or indirect financial interest in more than 10 | ||||||
| 11 | licenses shall forfeit the most recently issued license and | ||||||
| 12 | suffer a penalty to be determined by the Department, unless the | ||||||
| 13 | entity declines the license at the time it is awarded.
| ||||||
| 14 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 15 | (410 ILCS 705/15-40)
| ||||||
| 16 | Sec. 15-40. Dispensing organization agent identification | ||||||
| 17 | card; agent training. | ||||||
| 18 | (a) The Department shall: | ||||||
| 19 | (1) verify the information contained in an application | ||||||
| 20 | or renewal for a dispensing organization agent | ||||||
| 21 | identification card submitted under this Article, and | ||||||
| 22 | approve or deny an application or renewal, within 30 days | ||||||
| 23 | of receiving a completed application or renewal | ||||||
| 24 | application and all supporting documentation required by | ||||||
| 25 | rule; | ||||||
| |||||||
| |||||||
| 1 | (2) issue a dispensing organization agent | ||||||
| 2 | identification card to a qualifying agent within 15 | ||||||
| 3 | business days of approving the application or renewal; | ||||||
| 4 | (3) enter the registry identification number of the | ||||||
| 5 | dispensing organization where the agent works; | ||||||
| 6 | (4) within one year from the effective date of this | ||||||
| 7 | Act, allow for an electronic application process and | ||||||
| 8 | provide a confirmation by electronic or other methods that | ||||||
| 9 | an application has been submitted; and | ||||||
| 10 | (5) collect a $100 nonrefundable fee from the applicant | ||||||
| 11 | to be deposited into the Cannabis Regulation Fund. | ||||||
| 12 | (b) A dispensing organization agent must keep his or her | ||||||
| 13 | identification card visible at all times when in the | ||||||
| 14 | dispensary. | ||||||
| 15 | (c) The dispensing organization agent identification cards | ||||||
| 16 | shall contain the following: | ||||||
| 17 | (1) the name of the cardholder; | ||||||
| 18 | (2) the date of issuance and expiration date of the | ||||||
| 19 | dispensing organization agent identification cards; | ||||||
| 20 | (3) a random 10-digit alphanumeric identification | ||||||
| 21 | number containing at least 4 numbers and at least 4 letters | ||||||
| 22 | that is unique to the cardholder; and | ||||||
| 23 | (4) a photograph of the cardholder. | ||||||
| 24 | (d) The dispensing organization agent identification cards | ||||||
| 25 | shall be immediately returned to the dispensing organization | ||||||
| 26 | upon termination of employment. | ||||||
| |||||||
| |||||||
| 1 | (e) The Department shall not issue an agent identification | ||||||
| 2 | card if the applicant is delinquent in filing any required tax | ||||||
| 3 | returns or paying any amounts owed to the State of Illinois. | ||||||
| 4 | (f) Any card lost by a dispensing organization agent shall | ||||||
| 5 | be reported to the Illinois Department of State Police and the | ||||||
| 6 | Department immediately upon discovery of the loss. | ||||||
| 7 | (g) An applicant shall be denied a dispensing organization | ||||||
| 8 | agent identification card renewal if he or she fails to | ||||||
| 9 | complete the training provided for in this Section. | ||||||
| 10 | (h) A dispensing organization agent shall only be required | ||||||
| 11 | to hold one card for the same employer regardless of what type | ||||||
| 12 | of dispensing organization license the employer holds. | ||||||
| 13 | (i) Cannabis retail sales training requirements. | ||||||
| 14 | (1) Within 90 days of September 1, 2019, or 90 days of | ||||||
| 15 | employment, whichever is later, all owners, managers, | ||||||
| 16 | employees, and agents involved in the handling or sale of | ||||||
| 17 | cannabis or cannabis-infused product employed by an adult | ||||||
| 18 | use dispensing organization or medical cannabis dispensing | ||||||
| 19 | organization as defined in Section 10 of the Compassionate | ||||||
| 20 | Use of Medical Cannabis Program Act shall attend and | ||||||
| 21 | successfully complete a Responsible Vendor Program. | ||||||
| 22 | (2) Each owner, manager, employee, and agent of an | ||||||
| 23 | adult use dispensing organization or medical cannabis | ||||||
| 24 | dispensing organization shall successfully complete the | ||||||
| 25 | program annually. | ||||||
| 26 | (3) Responsible Vendor Program Training modules shall | ||||||
| |||||||
| |||||||
| 1 | include at least 2 hours of instruction time approved by | ||||||
| 2 | the Department including: | ||||||
| 3 | (i) Health and safety concerns of cannabis use, | ||||||
| 4 | including the responsible use of cannabis, its | ||||||
| 5 | physical effects, onset of physiological effects, | ||||||
| 6 | recognizing signs of impairment, and appropriate | ||||||
| 7 | responses in the event of overconsumption. | ||||||
| 8 | (ii) Training on laws and regulations on driving | ||||||
| 9 | while under the influence and operating a watercraft or | ||||||
| 10 | snowmobile while under the influence. | ||||||
| 11 | (iii) Sales to minors prohibition. Training shall | ||||||
| 12 | cover all relevant Illinois laws and rules. | ||||||
| 13 | (iv) Quantity limitations on sales to purchasers. | ||||||
| 14 | Training shall cover all relevant Illinois laws and | ||||||
| 15 | rules. | ||||||
| 16 | (v) Acceptable forms of identification. Training | ||||||
| 17 | shall include: | ||||||
| 18 | (I) How to check identification; and | ||||||
| 19 | (II) Common mistakes made in verification; | ||||||
| 20 | (vi) Safe storage of cannabis; | ||||||
| 21 | (vii) Compliance with all inventory tracking | ||||||
| 22 | system regulations; | ||||||
| 23 | (viii) Waste handling, management, and disposal; | ||||||
| 24 | (ix) Health and safety standards; | ||||||
| 25 | (x) Maintenance of records; | ||||||
| 26 | (xi) Security and surveillance requirements; | ||||||
| |||||||
| |||||||
| 1 | (xii) Permitting inspections by State and local | ||||||
| 2 | licensing and enforcement authorities; | ||||||
| 3 | (xiii) Privacy issues; | ||||||
| 4 | (xiv) Packaging and labeling requirement for sales | ||||||
| 5 | to purchasers; and | ||||||
| 6 | (xv) Other areas as determined by rule. | ||||||
| 7 | (j) Blank. | ||||||
| 8 | (k) Upon the successful completion of the Responsible | ||||||
| 9 | Vendor Program, the provider shall deliver proof of completion | ||||||
| 10 | either through mail or electronic communication to the | ||||||
| 11 | dispensing organization, which shall retain a copy of the | ||||||
| 12 | certificate. | ||||||
| 13 | (l) The license of a dispensing organization or medical | ||||||
| 14 | cannabis dispensing organization whose owners, managers, | ||||||
| 15 | employees, or agents fail to comply with this Section may be | ||||||
| 16 | suspended or permanently revoked under Section 15-145 or may | ||||||
| 17 | face other disciplinary action. | ||||||
| 18 | (m) The regulation of dispensing organization and medical | ||||||
| 19 | cannabis dispensing employer and employee training is an | ||||||
| 20 | exclusive function of the State, and regulation by a unit of | ||||||
| 21 | local government, including a home rule unit, is prohibited. | ||||||
| 22 | This subsection (m) is a denial and limitation of home rule | ||||||
| 23 | powers and functions under subsection (h) of Section 6 of | ||||||
| 24 | Article VII of the Illinois Constitution. | ||||||
| 25 | (n) Persons seeking Department approval to offer the | ||||||
| 26 | training required by paragraph (3) of subsection (i) may apply | ||||||
| |||||||
| |||||||
| 1 | for such approval between August 1 and August 15 of each | ||||||
| 2 | odd-numbered year in a manner prescribed by the Department. | ||||||
| 3 | (o) Persons seeking Department approval to offer the | ||||||
| 4 | training required by paragraph (3) of subsection (i) shall | ||||||
| 5 | submit a nonrefundable application fee of $2,000 to be | ||||||
| 6 | deposited into the Cannabis Regulation Fund or a fee as may be | ||||||
| 7 | set by rule. Any changes made to the training module shall be | ||||||
| 8 | approved by the Department.
| ||||||
| 9 | (p) The Department shall not unreasonably deny approval of | ||||||
| 10 | a training module that meets all the requirements of paragraph | ||||||
| 11 | (3) of subsection (i). A denial of approval shall include a | ||||||
| 12 | detailed description of the reasons for the denial. | ||||||
| 13 | (q) Any person approved to provide the training required by | ||||||
| 14 | paragraph (3) of subsection (i) shall submit an application for | ||||||
| 15 | re-approval between August 1 and August 15 of each odd-numbered | ||||||
| 16 | year and include a nonrefundable application fee of $2,000 to | ||||||
| 17 | be deposited into the Cannabis Regulation Fund or a fee as may | ||||||
| 18 | be set by rule.
| ||||||
| 19 | (r) All persons applying to become or renewing their | ||||||
| 20 | registrations to be agents, including agents-in-charge and | ||||||
| 21 | principal officers, shall disclose any disciplinary action | ||||||
| 22 | taken against them that may have occurred in Illinois, another | ||||||
| 23 | state, or another country in relation to their employment at a | ||||||
| 24 | cannabis business establishment or at any cannabis cultivation | ||||||
| 25 | center, processor, infuser, dispensary, or other cannabis | ||||||
| 26 | business establishment. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 2 | (410 ILCS 705/15-65)
| ||||||
| 3 | Sec. 15-65. Administration. | ||||||
| 4 | (a) A dispensing organization shall establish, maintain, | ||||||
| 5 | and comply with written policies and procedures as submitted in | ||||||
| 6 | the Business, Financial and Operating plan as required in this | ||||||
| 7 | Article or by rules established by the Department, and approved | ||||||
| 8 | by the Department, for the security, storage, inventory, and | ||||||
| 9 | distribution of cannabis. These policies and procedures shall | ||||||
| 10 | include methods for identifying, recording, and reporting | ||||||
| 11 | diversion, theft, or loss, and for correcting errors and | ||||||
| 12 | inaccuracies in inventories. At a minimum, dispensing | ||||||
| 13 | organizations shall ensure the written policies and procedures | ||||||
| 14 | provide for the following: | ||||||
| 15 | (1) Mandatory and voluntary recalls of cannabis | ||||||
| 16 | products. The policies shall be adequate to deal with | ||||||
| 17 | recalls due to any action initiated at the request of the | ||||||
| 18 | Department and any voluntary action by the dispensing | ||||||
| 19 | organization to remove defective or potentially defective | ||||||
| 20 | cannabis from the market or any action undertaken to | ||||||
| 21 | promote public health and safety, including: | ||||||
| 22 | (i) A mechanism reasonably calculated to contact | ||||||
| 23 | purchasers who have, or likely have, obtained the | ||||||
| 24 | product from the dispensary, including information on | ||||||
| 25 | the policy for return of the recalled product; | ||||||
| |||||||
| |||||||
| 1 | (ii) A mechanism to identify and contact the adult | ||||||
| 2 | use cultivation center, craft grower, or infuser that | ||||||
| 3 | manufactured the cannabis; | ||||||
| 4 | (iii) Policies for communicating with the | ||||||
| 5 | Department, the Department of Agriculture, and the | ||||||
| 6 | Department of Public Health within 24 hours of | ||||||
| 7 | discovering defective or potentially defective | ||||||
| 8 | cannabis; and | ||||||
| 9 | (iv) Policies for destruction of any recalled | ||||||
| 10 | cannabis product; | ||||||
| 11 | (2) Responses to local, State, or national | ||||||
| 12 | emergencies, including natural disasters, that affect the | ||||||
| 13 | security or operation of a dispensary; | ||||||
| 14 | (3) Segregation and destruction of outdated, damaged, | ||||||
| 15 | deteriorated, misbranded, or adulterated cannabis. This | ||||||
| 16 | procedure shall provide for written documentation of the | ||||||
| 17 | cannabis disposition; | ||||||
| 18 | (4) Ensure the oldest stock of a cannabis product is | ||||||
| 19 | distributed first. The procedure may permit deviation from | ||||||
| 20 | this requirement, if such deviation is temporary and | ||||||
| 21 | appropriate; | ||||||
| 22 | (5) Training of dispensing organization agents in the | ||||||
| 23 | provisions of this Act and rules, to effectively operate | ||||||
| 24 | the point-of-sale system and the State's verification | ||||||
| 25 | system, proper inventory handling and tracking, specific | ||||||
| 26 | uses of cannabis or cannabis-infused products, instruction | ||||||
| |||||||
| |||||||
| 1 | regarding regulatory inspection preparedness and law | ||||||
| 2 | enforcement interaction, awareness of the legal | ||||||
| 3 | requirements for maintaining status as an agent, and other | ||||||
| 4 | topics as specified by the dispensing organization or the | ||||||
| 5 | Department. The dispensing organization shall maintain | ||||||
| 6 | evidence of all training provided to each agent in its | ||||||
| 7 | files that is subject to inspection and audit by the | ||||||
| 8 | Department. The dispensing organization shall ensure | ||||||
| 9 | agents receive a minimum of 8 hours of training subject to | ||||||
| 10 | the requirements in subsection (i) of Section 15-40 | ||||||
| 11 | annually, unless otherwise approved by the Department; | ||||||
| 12 | (6) Maintenance of business records consistent with | ||||||
| 13 | industry standards, including bylaws, consents, manual or | ||||||
| 14 | computerized records of assets and liabilities, audits, | ||||||
| 15 | monetary transactions, journals, ledgers, and supporting | ||||||
| 16 | documents, including agreements, checks, invoices, | ||||||
| 17 | receipts, and vouchers. Records shall be maintained in a | ||||||
| 18 | manner consistent with this Act and shall be retained for 5 | ||||||
| 19 | years; | ||||||
| 20 | (7) Inventory control, including: | ||||||
| 21 | (i) Tracking purchases and denials of sale; | ||||||
| 22 | (ii) Disposal of unusable or damaged cannabis as | ||||||
| 23 | required by this Act and rules; and | ||||||
| 24 | (8) Purchaser education and support, including: | ||||||
| 25 | (i) Whether possession of cannabis is illegal | ||||||
| 26 | under federal law; | ||||||
| |||||||
| |||||||
| 1 | (ii) Current educational information issued by the | ||||||
| 2 | Department of Public Health about the health risks | ||||||
| 3 | associated with the use or abuse of cannabis; | ||||||
| 4 | (iii) Information about possible side effects; | ||||||
| 5 | (iv) Prohibition on smoking cannabis in public | ||||||
| 6 | places; and | ||||||
| 7 | (v) Offering any other appropriate purchaser | ||||||
| 8 | education or support materials. | ||||||
| 9 | (b) Blank. | ||||||
| 10 | (c) A dispensing organization shall maintain copies of the | ||||||
| 11 | policies and procedures on the dispensary premises and provide | ||||||
| 12 | copies to the Department upon request. The dispensing | ||||||
| 13 | organization shall review the dispensing organization policies | ||||||
| 14 | and procedures at least once every 12 months from the issue | ||||||
| 15 | date of the license and update as needed due to changes in | ||||||
| 16 | industry standards or as requested by the Department. | ||||||
| 17 | (d) A dispensing organization shall ensure that each | ||||||
| 18 | principal officer and each dispensing organization agent has a | ||||||
| 19 | current agent identification card in the agent's immediate | ||||||
| 20 | possession when the agent is at the dispensary. | ||||||
| 21 | (e) A dispensing organization shall provide prompt written | ||||||
| 22 | notice to the Department, including the date of the event, when | ||||||
| 23 | a dispensing organization agent no longer is employed by the | ||||||
| 24 | dispensing organization. | ||||||
| 25 | (f) A dispensing organization shall promptly document and | ||||||
| 26 | report any loss or theft of cannabis from the dispensary to the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police and the Department. It is | ||||||
| 2 | the duty of any dispensing organization agent who becomes aware | ||||||
| 3 | of the loss or theft to report it as provided in this Article. | ||||||
| 4 | (g) A dispensing organization shall post the following | ||||||
| 5 | information in a conspicuous location in an area of the | ||||||
| 6 | dispensary accessible to consumers: | ||||||
| 7 | (1) The dispensing organization's license; | ||||||
| 8 | (2) The hours of operation. | ||||||
| 9 | (h) Signage that shall be posted inside the premises. | ||||||
| 10 | (1) All dispensing organizations must display a | ||||||
| 11 | placard that states the following: "Cannabis consumption | ||||||
| 12 | can impair cognition and driving, is for adult use only, | ||||||
| 13 | may be habit forming, and should not be used by pregnant or | ||||||
| 14 | breastfeeding women.". | ||||||
| 15 | (2) Any dispensing organization that sells edible | ||||||
| 16 | cannabis-infused products must display a placard that | ||||||
| 17 | states the following: | ||||||
| 18 | (A) "Edible cannabis-infused products were | ||||||
| 19 | produced in a kitchen that may also process common food | ||||||
| 20 | allergens."; and | ||||||
| 21 | (B) "The effects of cannabis products can vary from | ||||||
| 22 | person to person, and it can take as long as two hours | ||||||
| 23 | to feel the effects of some cannabis-infused products. | ||||||
| 24 | Carefully review the portion size information and | ||||||
| 25 | warnings contained on the product packaging before | ||||||
| 26 | consuming.". | ||||||
| |||||||
| |||||||
| 1 | (3) All of the required signage in this subsection (h) | ||||||
| 2 | shall be no smaller than 24 inches tall by 36 inches wide, | ||||||
| 3 | with typed letters no smaller than 2 inches. The signage | ||||||
| 4 | shall be clearly visible and readable by customers. The | ||||||
| 5 | signage shall be placed in the area where cannabis and | ||||||
| 6 | cannabis-infused products are sold and may be translated | ||||||
| 7 | into additional languages as needed. The Department may | ||||||
| 8 | require a dispensary to display the required signage in a | ||||||
| 9 | different language, other than English, if the Secretary | ||||||
| 10 | deems it necessary. | ||||||
| 11 | (i) A dispensing organization shall prominently post | ||||||
| 12 | notices inside the dispensing organization that state | ||||||
| 13 | activities that are strictly prohibited and punishable by law, | ||||||
| 14 | including, but not limited to: | ||||||
| 15 | (1) no minors permitted on the premises unless the | ||||||
| 16 | minor is a minor qualifying patient under the Compassionate | ||||||
| 17 | Use of Medical Cannabis Program Act; | ||||||
| 18 | (2) distribution to persons under the age of 21 is | ||||||
| 19 | prohibited; | ||||||
| 20 | (3) transportation of cannabis or cannabis products | ||||||
| 21 | across state lines is prohibited.
| ||||||
| 22 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 23 | (410 ILCS 705/15-75)
| ||||||
| 24 | Sec. 15-75. Inventory control system. | ||||||
| 25 | (a) A dispensing organization agent-in-charge shall have | ||||||
| |||||||
| |||||||
| 1 | primary oversight of the dispensing organization's cannabis | ||||||
| 2 | inventory verification system, and its point-of-sale system. | ||||||
| 3 | The inventory point-of-sale system shall be real-time, | ||||||
| 4 | web-based, and accessible by the Department at any time. The | ||||||
| 5 | point-of-sale system shall track, at a minimum the date of | ||||||
| 6 | sale, amount, price, and currency. | ||||||
| 7 | (b) A dispensing organization shall establish an account | ||||||
| 8 | with the State's verification system that documents: | ||||||
| 9 | (1) Each sales transaction at the time of sale and each | ||||||
| 10 | day's beginning inventory, acquisitions, sales, disposal, | ||||||
| 11 | and ending inventory. | ||||||
| 12 | (2) Acquisition of cannabis and cannabis-infused | ||||||
| 13 | products from a licensed adult use cultivation center, | ||||||
| 14 | craft grower, infuser, or transporter, including: | ||||||
| 15 | (i) A description of the products, including the | ||||||
| 16 | quantity, strain, variety, and batch number of each | ||||||
| 17 | product received; | ||||||
| 18 | (ii) The name and registry identification number | ||||||
| 19 | of the licensed adult use cultivation center, craft | ||||||
| 20 | grower, or infuser providing the cannabis and | ||||||
| 21 | cannabis-infused products; | ||||||
| 22 | (iii) The name and registry identification number | ||||||
| 23 | of the licensed adult use cultivation center, craft | ||||||
| 24 | grower, infuser, or transporting agent delivering the | ||||||
| 25 | cannabis; | ||||||
| 26 | (iv) The name and registry identification number | ||||||
| |||||||
| |||||||
| 1 | of the dispensing organization agent receiving the | ||||||
| 2 | cannabis; and | ||||||
| 3 | (v) The date of acquisition. | ||||||
| 4 | (3) The disposal of cannabis, including: | ||||||
| 5 | (i) A description of the products, including the | ||||||
| 6 | quantity, strain, variety, batch number, and reason | ||||||
| 7 | for the cannabis being disposed; | ||||||
| 8 | (ii) The method of disposal; and | ||||||
| 9 | (iii) The date and time of disposal. | ||||||
| 10 | (c) Upon cannabis delivery, a dispensing organization | ||||||
| 11 | shall confirm the product's name, strain name, weight, and | ||||||
| 12 | identification number on the manifest matches the information | ||||||
| 13 | on the cannabis product label and package. The product name | ||||||
| 14 | listed and the weight listed in the State's verification system | ||||||
| 15 | shall match the product packaging. | ||||||
| 16 | (d) The agent-in-charge shall conduct daily inventory | ||||||
| 17 | reconciliation documenting and balancing cannabis inventory by | ||||||
| 18 | confirming the State's verification system matches the | ||||||
| 19 | dispensing organization's point-of-sale system and the amount | ||||||
| 20 | of physical product at the dispensary. | ||||||
| 21 | (1) A dispensing organization must receive Department | ||||||
| 22 | approval before completing an inventory adjustment. It | ||||||
| 23 | shall provide a detailed reason for the adjustment. | ||||||
| 24 | Inventory adjustment documentation shall be kept at the | ||||||
| 25 | dispensary for 2 years from the date performed. | ||||||
| 26 | (2) If the dispensing organization identifies an | ||||||
| |||||||
| |||||||
| 1 | imbalance in the amount of cannabis after the daily | ||||||
| 2 | inventory reconciliation due to mistake, the dispensing | ||||||
| 3 | organization shall determine how the imbalance occurred | ||||||
| 4 | and immediately upon discovery take and document | ||||||
| 5 | corrective action. If the dispensing organization cannot | ||||||
| 6 | identify the reason for the mistake within 2 calendar days | ||||||
| 7 | after first discovery, it shall inform the Department | ||||||
| 8 | immediately in writing of the imbalance and the corrective | ||||||
| 9 | action taken to date. The dispensing organization shall | ||||||
| 10 | work diligently to determine the reason for the mistake. | ||||||
| 11 | (3) If the dispensing organization identifies an | ||||||
| 12 | imbalance in the amount of cannabis after the daily | ||||||
| 13 | inventory reconciliation or through other means due to | ||||||
| 14 | theft, criminal activity, or suspected criminal activity, | ||||||
| 15 | the dispensing organization shall immediately determine | ||||||
| 16 | how the reduction occurred and take and document corrective | ||||||
| 17 | action. Within 24 hours after the first discovery of the | ||||||
| 18 | reduction due to theft, criminal activity, or suspected | ||||||
| 19 | criminal activity, the dispensing organization shall | ||||||
| 20 | inform the Department and the Illinois Department of State | ||||||
| 21 | Police in writing. | ||||||
| 22 | (4) The dispensing organization shall file an annual | ||||||
| 23 | compilation report with the Department, including a | ||||||
| 24 | financial statement that shall include, but not be limited | ||||||
| 25 | to, an income statement, balance sheet, profit and loss | ||||||
| 26 | statement, statement of cash flow, wholesale cost and | ||||||
| |||||||
| |||||||
| 1 | sales, and any other documentation requested by the | ||||||
| 2 | Department in writing. The financial statement shall | ||||||
| 3 | include any other information the Department deems | ||||||
| 4 | necessary in order to effectively administer this Act and | ||||||
| 5 | all rules, orders, and final decisions promulgated under | ||||||
| 6 | this Act. Statements required by this Section shall be | ||||||
| 7 | filed with the Department within 60 days after the end of | ||||||
| 8 | the calendar year. The compilation report shall include a | ||||||
| 9 | letter authored by a licensed certified public accountant | ||||||
| 10 | that it has been reviewed and is accurate based on the | ||||||
| 11 | information provided. The dispensing organization, | ||||||
| 12 | financial statement, and accompanying documents are not | ||||||
| 13 | required to be audited unless specifically requested by the | ||||||
| 14 | Department. | ||||||
| 15 | (e) A dispensing organization shall: | ||||||
| 16 | (1) Maintain the documentation required in this | ||||||
| 17 | Section in a secure locked location at the dispensing | ||||||
| 18 | organization for 5 years from the date on the document; | ||||||
| 19 | (2) Provide any documentation required to be | ||||||
| 20 | maintained in this Section to the Department for review | ||||||
| 21 | upon request; and | ||||||
| 22 | (3) If maintaining a bank account, retain for a period | ||||||
| 23 | of 5 years a record of each deposit or withdrawal from the | ||||||
| 24 | account. | ||||||
| 25 | (f) If a dispensing organization chooses to have a return | ||||||
| 26 | policy for cannabis and cannabis products, the dispensing | ||||||
| |||||||
| |||||||
| 1 | organization shall seek prior approval from the Department.
| ||||||
| 2 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 3 | (410 ILCS 705/15-100)
| ||||||
| 4 | Sec. 15-100. Security. | ||||||
| 5 | (a) A dispensing organization shall implement security | ||||||
| 6 | measures to deter and prevent entry into and theft of cannabis | ||||||
| 7 | or currency. | ||||||
| 8 | (b) A dispensing organization shall submit any changes to | ||||||
| 9 | the floor plan or security plan to the Department for | ||||||
| 10 | pre-approval. All cannabis shall be maintained and stored in a | ||||||
| 11 | restricted access area during construction. | ||||||
| 12 | (c) The dispensing organization shall implement security | ||||||
| 13 | measures to protect the premises, purchasers, and dispensing | ||||||
| 14 | organization agents including, but not limited to the | ||||||
| 15 | following: | ||||||
| 16 | (1) Establish a locked door or barrier between the | ||||||
| 17 | facility's entrance and the limited access area; | ||||||
| 18 | (2) Prevent individuals from remaining on the premises | ||||||
| 19 | if they are not engaging in activity permitted by this Act | ||||||
| 20 | or rules; | ||||||
| 21 | (3) Develop a policy that addresses the maximum | ||||||
| 22 | capacity and purchaser flow in the waiting rooms and | ||||||
| 23 | limited access areas; | ||||||
| 24 | (4) Dispose of cannabis in accordance with this Act and | ||||||
| 25 | rules; | ||||||
| |||||||
| |||||||
| 1 | (5) During hours of operation, store and dispense all | ||||||
| 2 | cannabis from the restricted access area. During | ||||||
| 3 | operational hours, cannabis shall be stored in an enclosed | ||||||
| 4 | locked room or cabinet and accessible only to specifically | ||||||
| 5 | authorized dispensing organization agents; | ||||||
| 6 | (6) When the dispensary is closed, store all cannabis | ||||||
| 7 | and currency in a reinforced vault room in the restricted | ||||||
| 8 | access area and in a manner as to prevent diversion, theft, | ||||||
| 9 | or loss; | ||||||
| 10 | (7) Keep the reinforced vault room and any other | ||||||
| 11 | equipment or cannabis storage areas securely locked and | ||||||
| 12 | protected from unauthorized entry; | ||||||
| 13 | (8) Keep an electronic daily log of dispensing | ||||||
| 14 | organization agents with access to the reinforced vault | ||||||
| 15 | room and knowledge of the access code or combination; | ||||||
| 16 | (9) Keep all locks and security equipment in good | ||||||
| 17 | working order; | ||||||
| 18 | (10) Maintain an operational security and alarm system | ||||||
| 19 | at all times; | ||||||
| 20 | (11) Prohibit keys, if applicable, from being left in | ||||||
| 21 | the locks, or stored or placed in a location accessible to | ||||||
| 22 | persons other than specifically authorized personnel; | ||||||
| 23 | (12) Prohibit accessibility of security measures, | ||||||
| 24 | including combination numbers, passwords, or electronic or | ||||||
| 25 | biometric security systems to persons other than | ||||||
| 26 | specifically authorized dispensing organization agents; | ||||||
| |||||||
| |||||||
| 1 | (13) Ensure that the dispensary interior and exterior | ||||||
| 2 | premises are sufficiently lit to facilitate surveillance; | ||||||
| 3 | (14) Ensure that trees, bushes, and other foliage | ||||||
| 4 | outside of the dispensary premises do not allow for a | ||||||
| 5 | person or persons to conceal themselves from sight; | ||||||
| 6 | (15) Develop emergency policies and procedures for | ||||||
| 7 | securing all product and currency following any instance of | ||||||
| 8 | diversion, theft, or loss of cannabis, and conduct an | ||||||
| 9 | assessment to determine whether additional safeguards are | ||||||
| 10 | necessary; and | ||||||
| 11 | (16) Develop sufficient additional safeguards in | ||||||
| 12 | response to any special security concerns, or as required | ||||||
| 13 | by the Department. | ||||||
| 14 | (d) The Department may request or approve alternative | ||||||
| 15 | security provisions that it determines are an adequate | ||||||
| 16 | substitute for a security requirement specified in this | ||||||
| 17 | Article. Any additional protections may be considered by the | ||||||
| 18 | Department in evaluating overall security measures. | ||||||
| 19 | (e) A dispensing organization may share premises with a | ||||||
| 20 | craft grower or an infuser organization, or both, provided each | ||||||
| 21 | licensee stores currency and cannabis or cannabis-infused | ||||||
| 22 | products in a separate secured vault to which the other | ||||||
| 23 | licensee does not have access or all licensees sharing a vault | ||||||
| 24 | share more than 50% of the same ownership. | ||||||
| 25 | (f) A dispensing organization shall provide additional | ||||||
| 26 | security as needed and in a manner appropriate for the | ||||||
| |||||||
| |||||||
| 1 | community where it operates. | ||||||
| 2 | (g) Restricted access areas. | ||||||
| 3 | (1) All restricted access areas must be identified by | ||||||
| 4 | the posting of a sign that is a minimum of 12 inches by 12 | ||||||
| 5 | inches and that states "Do Not Enter - Restricted Access | ||||||
| 6 | Area - Authorized Personnel Only" in lettering no smaller | ||||||
| 7 | than one inch in height. | ||||||
| 8 | (2) All restricted access areas shall be clearly | ||||||
| 9 | described in the floor plan of the premises, in the form | ||||||
| 10 | and manner determined by the Department, reflecting walls, | ||||||
| 11 | partitions, counters, and all areas of entry and exit. The | ||||||
| 12 | floor plan shall show all storage, disposal, and retail | ||||||
| 13 | sales areas. | ||||||
| 14 | (3) All restricted access areas must be secure, with | ||||||
| 15 | locking devices that prevent access from the limited access | ||||||
| 16 | areas. | ||||||
| 17 | (h) Security and alarm. | ||||||
| 18 | (1) A dispensing organization shall have an adequate | ||||||
| 19 | security plan and security system to prevent and detect | ||||||
| 20 | diversion, theft, or loss of cannabis, currency, or | ||||||
| 21 | unauthorized intrusion using commercial grade equipment | ||||||
| 22 | installed by an Illinois licensed private alarm contractor | ||||||
| 23 | or private alarm contractor agency that shall, at a | ||||||
| 24 | minimum, include: | ||||||
| 25 | (i) A perimeter alarm on all entry points and glass | ||||||
| 26 | break protection on perimeter windows; | ||||||
| |||||||
| |||||||
| 1 | (ii) Security shatterproof tinted film on exterior | ||||||
| 2 | windows; | ||||||
| 3 | (iii) A failure notification system that provides | ||||||
| 4 | an audible, text, or visual notification of any failure | ||||||
| 5 | in the surveillance system, including, but not limited | ||||||
| 6 | to, panic buttons, alarms, and video monitoring | ||||||
| 7 | system. The failure notification system shall provide | ||||||
| 8 | an alert to designated dispensing organization agents | ||||||
| 9 | within 5 minutes after the failure, either by telephone | ||||||
| 10 | or text message; | ||||||
| 11 | (iv) A duress alarm, panic button, and alarm, or | ||||||
| 12 | holdup alarm and after-hours intrusion detection alarm | ||||||
| 13 | that by design and purpose will directly or indirectly | ||||||
| 14 | notify, by the most efficient means, the Public Safety | ||||||
| 15 | Answering Point for the law enforcement agency having | ||||||
| 16 | primary jurisdiction; | ||||||
| 17 | (v) Security equipment to deter and prevent | ||||||
| 18 | unauthorized entrance into the dispensary, including | ||||||
| 19 | electronic door locks on the limited and restricted | ||||||
| 20 | access areas that include devices or a series of | ||||||
| 21 | devices to detect unauthorized intrusion that may | ||||||
| 22 | include a signal system interconnected with a radio | ||||||
| 23 | frequency method, cellular, private radio signals or | ||||||
| 24 | other mechanical or electronic device. | ||||||
| 25 | (2) All security system equipment and recordings shall | ||||||
| 26 | be maintained in good working order, in a secure location | ||||||
| |||||||
| |||||||
| 1 | so as to prevent theft, loss, destruction, or alterations. | ||||||
| 2 | (3) Access to surveillance monitoring recording | ||||||
| 3 | equipment shall be limited to persons who are essential to | ||||||
| 4 | surveillance operations, law enforcement authorities | ||||||
| 5 | acting within their jurisdiction, security system service | ||||||
| 6 | personnel, and the Department. A current list of authorized | ||||||
| 7 | dispensing organization agents and service personnel that | ||||||
| 8 | have access to the surveillance equipment must be available | ||||||
| 9 | to the Department upon request. | ||||||
| 10 | (4) All security equipment shall be inspected and | ||||||
| 11 | tested at regular intervals, not to exceed one month from | ||||||
| 12 | the previous inspection, and tested to ensure the systems | ||||||
| 13 | remain functional. | ||||||
| 14 | (5) The security system shall provide protection | ||||||
| 15 | against theft and diversion that is facilitated or hidden | ||||||
| 16 | by tampering with computers or electronic records. | ||||||
| 17 | (6) The dispensary shall ensure all access doors are | ||||||
| 18 | not solely controlled by an electronic access panel to | ||||||
| 19 | ensure that locks are not released during a power outage. | ||||||
| 20 | (i) To monitor the dispensary, the dispensing organization | ||||||
| 21 | shall incorporate continuous electronic video monitoring | ||||||
| 22 | including the following: | ||||||
| 23 | (1) All monitors must be 19 inches or greater; | ||||||
| 24 | (2) Unobstructed video surveillance of all enclosed | ||||||
| 25 | dispensary areas, unless prohibited by law, including all | ||||||
| 26 | points of entry and exit that shall be appropriate for the | ||||||
| |||||||
| |||||||
| 1 | normal lighting conditions of the area under surveillance. | ||||||
| 2 | The cameras shall be directed so all areas are captured, | ||||||
| 3 | including, but not limited to, safes, vaults, sales areas, | ||||||
| 4 | and areas where cannabis is stored, handled, dispensed, or | ||||||
| 5 | destroyed. Cameras shall be angled to allow for facial | ||||||
| 6 | recognition, the capture of clear and certain | ||||||
| 7 | identification of any person entering or exiting the | ||||||
| 8 | dispensary area and in lighting sufficient during all times | ||||||
| 9 | of night or day; | ||||||
| 10 | (3) Unobstructed video surveillance of outside areas, | ||||||
| 11 | the storefront, and the parking lot, that shall be | ||||||
| 12 | appropriate for the normal lighting conditions of the area | ||||||
| 13 | under surveillance. Cameras shall be angled so as to allow | ||||||
| 14 | for the capture of facial recognition, clear and certain | ||||||
| 15 | identification of any person entering or exiting the | ||||||
| 16 | dispensary and the immediate surrounding area, and license | ||||||
| 17 | plates of vehicles in the parking lot; | ||||||
| 18 | (4) 24-hour recordings from all video cameras | ||||||
| 19 | available for immediate viewing by the Department upon | ||||||
| 20 | request. Recordings shall not be destroyed or altered and | ||||||
| 21 | shall be retained for at least 90 days. Recordings shall be | ||||||
| 22 | retained as long as necessary if the dispensing | ||||||
| 23 | organization is aware of the loss or theft of cannabis or a | ||||||
| 24 | pending criminal, civil, or administrative investigation | ||||||
| 25 | or legal proceeding for which the recording may contain | ||||||
| 26 | relevant information; | ||||||
| |||||||
| |||||||
| 1 | (5) The ability to immediately produce a clear, color | ||||||
| 2 | still photo from the surveillance video, either live or | ||||||
| 3 | recorded; | ||||||
| 4 | (6) A date and time stamp embedded on all video | ||||||
| 5 | surveillance recordings. The date and time shall be | ||||||
| 6 | synchronized and set correctly and shall not significantly | ||||||
| 7 | obscure the picture; | ||||||
| 8 | (7) The ability to remain operational during a power | ||||||
| 9 | outage and ensure all access doors are not solely | ||||||
| 10 | controlled by an electronic access panel to ensure that | ||||||
| 11 | locks are not released during a power outage; | ||||||
| 12 | (8) All video surveillance equipment shall allow for | ||||||
| 13 | the exporting of still images in an industry standard image | ||||||
| 14 | format, including .jpg, .bmp, and .gif. Exported video | ||||||
| 15 | shall have the ability to be archived in a proprietary | ||||||
| 16 | format that ensures authentication of the video and | ||||||
| 17 | guarantees that no alteration of the recorded image has | ||||||
| 18 | taken place. Exported video shall also have the ability to | ||||||
| 19 | be saved in an industry standard file format that can be | ||||||
| 20 | played on a standard computer operating system. All | ||||||
| 21 | recordings shall be erased or destroyed before disposal; | ||||||
| 22 | (9) The video surveillance system shall be operational | ||||||
| 23 | during a power outage with a 4-hour minimum battery backup; | ||||||
| 24 | (10) A video camera or cameras recording at each | ||||||
| 25 | point-of-sale location allowing for the identification of | ||||||
| 26 | the dispensing organization agent distributing the | ||||||
| |||||||
| |||||||
| 1 | cannabis and any purchaser. The camera or cameras shall | ||||||
| 2 | capture the sale, the individuals and the computer monitors | ||||||
| 3 | used for the sale; | ||||||
| 4 | (11) A failure notification system that provides an | ||||||
| 5 | audible and visual notification of any failure in the | ||||||
| 6 | electronic video monitoring system; and | ||||||
| 7 | (12) All electronic video surveillance monitoring must | ||||||
| 8 | record at least the equivalent of 8 frames per second and | ||||||
| 9 | be available as recordings to the Department and the | ||||||
| 10 | Illinois Department of State Police 24 hours a day via a | ||||||
| 11 | secure web-based portal with reverse functionality. | ||||||
| 12 | (j) The requirements contained in this Act are minimum | ||||||
| 13 | requirements for operating a dispensing organization. The | ||||||
| 14 | Department may establish additional requirements by rule.
| ||||||
| 15 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 16 | (410 ILCS 705/15-135)
| ||||||
| 17 | Sec. 15-135. Investigations. | ||||||
| 18 | (a) Dispensing organizations are subject to random and | ||||||
| 19 | unannounced dispensary inspections and cannabis testing by the | ||||||
| 20 | Department, the Illinois Department of State Police, and local | ||||||
| 21 | law enforcement. | ||||||
| 22 | (b) The Department and its authorized representatives may | ||||||
| 23 | enter any place, including a vehicle, in which cannabis is | ||||||
| 24 | held, stored, dispensed, sold, produced, delivered, | ||||||
| 25 | transported, manufactured, or disposed of and inspect, in a | ||||||
| |||||||
| |||||||
| 1 | reasonable manner, the place and all pertinent equipment, | ||||||
| 2 | containers and labeling, and all things including records, | ||||||
| 3 | files, financial data, sales data, shipping data, pricing data, | ||||||
| 4 | personnel data, research, papers, processes, controls, and | ||||||
| 5 | facility, and inventory any stock of cannabis and obtain | ||||||
| 6 | samples of any cannabis or cannabis-infused product, any labels | ||||||
| 7 | or containers for cannabis, or paraphernalia. | ||||||
| 8 | (c) The Department may conduct an investigation of an | ||||||
| 9 | applicant, application, dispensing organization, principal | ||||||
| 10 | officer, dispensary agent, third party vendor, or any other | ||||||
| 11 | party associated with a dispensing organization for an alleged | ||||||
| 12 | violation of this Act or rules or to determine qualifications | ||||||
| 13 | to be granted a registration by the Department. | ||||||
| 14 | (d) The Department may require an applicant or holder of | ||||||
| 15 | any license issued pursuant to this Article to produce | ||||||
| 16 | documents, records, or any other material pertinent to the | ||||||
| 17 | investigation of an application or alleged violations of this | ||||||
| 18 | Act or rules. Failure to provide the required material may be | ||||||
| 19 | grounds for denial or discipline. | ||||||
| 20 | (e) Every person charged with preparation, obtaining, or | ||||||
| 21 | keeping records, logs, reports, or other documents in | ||||||
| 22 | connection with this Act and rules and every person in charge, | ||||||
| 23 | or having custody, of those documents shall, upon request by | ||||||
| 24 | the Department, make the documents immediately available for | ||||||
| 25 | inspection and copying by the Department, the Department's | ||||||
| 26 | authorized representative, or others authorized by law to | ||||||
| |||||||
| |||||||
| 1 | review the documents.
| ||||||
| 2 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 3 | (410 ILCS 705/20-15)
| ||||||
| 4 | Sec. 20-15. Conditional Adult Use Cultivation Center | ||||||
| 5 | application. | ||||||
| 6 | (a) If the Department of Agriculture makes available | ||||||
| 7 | additional cultivation center licenses pursuant to Section | ||||||
| 8 | 20-5, applicants for a Conditional Adult Use Cultivation Center | ||||||
| 9 | License shall electronically submit the following in such form | ||||||
| 10 | as the Department of Agriculture may direct: | ||||||
| 11 | (1) the nonrefundable application fee set by rule by | ||||||
| 12 | the Department of Agriculture, to be deposited into the | ||||||
| 13 | Cannabis Regulation Fund; | ||||||
| 14 | (2) the legal name of the cultivation center; | ||||||
| 15 | (3) the proposed physical address of the cultivation | ||||||
| 16 | center; | ||||||
| 17 | (4) the name, address, social security number, and date | ||||||
| 18 | of birth of each principal officer and board member of the | ||||||
| 19 | cultivation center; each principal officer and board | ||||||
| 20 | member shall be at least 21 years of age; | ||||||
| 21 | (5) the details of any administrative or judicial | ||||||
| 22 | proceeding in which any of the principal officers or board | ||||||
| 23 | members of the cultivation center (i) pled guilty, were | ||||||
| 24 | convicted, were fined, or had a registration or license | ||||||
| 25 | suspended or revoked, or (ii) managed or served on the | ||||||
| |||||||
| |||||||
| 1 | board of a business or non-profit organization that pled | ||||||
| 2 | guilty, was convicted, was fined, or had a registration or | ||||||
| 3 | license suspended or revoked; | ||||||
| 4 | (6) proposed operating bylaws that include procedures | ||||||
| 5 | for the oversight of the cultivation center, including the | ||||||
| 6 | development and implementation of a plant monitoring | ||||||
| 7 | system, accurate recordkeeping, staffing plan, and | ||||||
| 8 | security plan approved by the Illinois Department of State | ||||||
| 9 | Police that are in accordance with the rules issued by the | ||||||
| 10 | Department of Agriculture under this Act. A physical | ||||||
| 11 | inventory shall be performed of all plants and cannabis on | ||||||
| 12 | a weekly basis by the cultivation center; | ||||||
| 13 | (7) verification from the Illinois Department of State | ||||||
| 14 | Police that all background checks of the prospective | ||||||
| 15 | principal officers, board members, and agents of the | ||||||
| 16 | cannabis business establishment have been conducted; | ||||||
| 17 | (8) a copy of the current local zoning ordinance or | ||||||
| 18 | permit and verification that the proposed cultivation | ||||||
| 19 | center is in compliance with the local zoning rules and | ||||||
| 20 | distance limitations established by the local | ||||||
| 21 | jurisdiction; | ||||||
| 22 | (9) proposed employment practices, in which the | ||||||
| 23 | applicant must demonstrate a plan of action to inform, | ||||||
| 24 | hire, and educate minorities, women, veterans, and persons | ||||||
| 25 | with disabilities, engage in fair labor practices, and | ||||||
| 26 | provide worker protections; | ||||||
| |||||||
| |||||||
| 1 | (10) whether an applicant can demonstrate experience | ||||||
| 2 | in or business practices that promote economic empowerment | ||||||
| 3 | in Disproportionately Impacted Areas; | ||||||
| 4 | (11) experience with the cultivation of agricultural | ||||||
| 5 | or horticultural products, operating an agriculturally | ||||||
| 6 | related business, or operating a horticultural business; | ||||||
| 7 | (12) a description of the enclosed, locked facility | ||||||
| 8 | where cannabis will be grown, harvested, manufactured, | ||||||
| 9 | processed, packaged, or otherwise prepared for | ||||||
| 10 | distribution to a dispensing organization; | ||||||
| 11 | (13) a survey of the enclosed, locked facility, | ||||||
| 12 | including the space used for cultivation; | ||||||
| 13 | (14) cultivation, processing, inventory, and packaging | ||||||
| 14 | plans; | ||||||
| 15 | (15) a description of the applicant's experience with | ||||||
| 16 | agricultural cultivation techniques and industry | ||||||
| 17 | standards; | ||||||
| 18 | (16) a list of any academic degrees, certifications, or | ||||||
| 19 | relevant experience of all prospective principal officers, | ||||||
| 20 | board members, and agents of the related business; | ||||||
| 21 | (17) the identity of every person having a financial or | ||||||
| 22 | voting interest of 5% or greater in the cultivation center | ||||||
| 23 | operation with respect to which the license is sought, | ||||||
| 24 | whether a trust, corporation, partnership, limited | ||||||
| 25 | liability company, or sole proprietorship, including the | ||||||
| 26 | name and address of each person; | ||||||
| |||||||
| |||||||
| 1 | (18) a plan describing how the cultivation center will | ||||||
| 2 | address each of the following: | ||||||
| 3 | (i) energy needs, including estimates of monthly | ||||||
| 4 | electricity and gas usage, to what extent it will | ||||||
| 5 | procure energy from a local utility or from on-site | ||||||
| 6 | generation, and if it has or will adopt a sustainable | ||||||
| 7 | energy use and energy conservation policy; | ||||||
| 8 | (ii) water needs, including estimated water draw | ||||||
| 9 | and if it has or will adopt a sustainable water use and | ||||||
| 10 | water conservation policy; and | ||||||
| 11 | (iii) waste management, including if it has or will | ||||||
| 12 | adopt a waste reduction policy; | ||||||
| 13 | (19) a diversity plan that includes a narrative of not | ||||||
| 14 | more than 2,500 words that establishes a goal of diversity | ||||||
| 15 | in ownership, management, employment, and contracting to | ||||||
| 16 | ensure that diverse participants and groups are afforded | ||||||
| 17 | equality of opportunity; | ||||||
| 18 | (20) any other information required by rule; | ||||||
| 19 | (21) a recycling plan: | ||||||
| 20 | (A) Purchaser packaging, including cartridges, | ||||||
| 21 | shall be accepted by the applicant and recycled. | ||||||
| 22 | (B) Any recyclable waste generated by the cannabis | ||||||
| 23 | cultivation facility shall be recycled per applicable | ||||||
| 24 | State and local laws, ordinances, and rules. | ||||||
| 25 | (C) Any cannabis waste, liquid waste, or hazardous | ||||||
| 26 | waste shall be disposed of in accordance with 8 Ill. | ||||||
| |||||||
| |||||||
| 1 | Adm. Code 1000.460, except, to the greatest extent | ||||||
| 2 | feasible, all cannabis plant waste will be rendered | ||||||
| 3 | unusable by grinding and incorporating the cannabis | ||||||
| 4 | plant waste with compostable mixed waste to be disposed | ||||||
| 5 | of in accordance with 8 Ill. Adm. Code 1000.460(g)(1); | ||||||
| 6 | (22) commitment to comply with local waste provisions: | ||||||
| 7 | a cultivation facility must remain in compliance with | ||||||
| 8 | applicable State and federal environmental requirements, | ||||||
| 9 | including, but not limited to: | ||||||
| 10 | (A) storing, securing, and managing all | ||||||
| 11 | recyclables and waste, including organic waste | ||||||
| 12 | composed of or containing finished cannabis and | ||||||
| 13 | cannabis products, in accordance with applicable State | ||||||
| 14 | and local laws, ordinances, and rules; and | ||||||
| 15 | (B) disposing liquid waste containing cannabis or | ||||||
| 16 | byproducts of cannabis processing in compliance with | ||||||
| 17 | all applicable State and federal requirements, | ||||||
| 18 | including, but not limited to, the cannabis | ||||||
| 19 | cultivation facility's permits under Title X of the | ||||||
| 20 | Environmental Protection Act; and | ||||||
| 21 | (23) a commitment to a technology standard for resource | ||||||
| 22 | efficiency of the cultivation center facility. | ||||||
| 23 | (A) A cannabis cultivation facility commits to use | ||||||
| 24 | resources efficiently, including energy and water. For | ||||||
| 25 | the following, a cannabis cultivation facility commits | ||||||
| 26 | to meet or exceed the technology standard identified in | ||||||
| |||||||
| |||||||
| 1 | items (i), (ii), (iii), and (iv), which may be modified | ||||||
| 2 | by rule: | ||||||
| 3 | (i) lighting systems, including light bulbs; | ||||||
| 4 | (ii) HVAC system; | ||||||
| 5 | (iii) water application system to the crop; | ||||||
| 6 | and | ||||||
| 7 | (iv) filtration system for removing | ||||||
| 8 | contaminants from wastewater. | ||||||
| 9 | (B) Lighting. The Lighting Power Densities (LPD) | ||||||
| 10 | for cultivation space commits to not exceed an average | ||||||
| 11 | of 36 watts per gross square foot of active and growing | ||||||
| 12 | space canopy, or all installed lighting technology | ||||||
| 13 | shall meet a photosynthetic photon efficacy (PPE) of no | ||||||
| 14 | less than 2.2 micromoles per joule fixture and shall be | ||||||
| 15 | featured on the DesignLights Consortium (DLC) | ||||||
| 16 | Horticultural Specification Qualified Products List | ||||||
| 17 | (QPL). In the event that DLC requirement for minimum | ||||||
| 18 | efficacy exceeds 2.2 micromoles per joule fixture, | ||||||
| 19 | that PPE shall become the new standard. | ||||||
| 20 | (C) HVAC. | ||||||
| 21 | (i) For cannabis grow operations with less | ||||||
| 22 | than 6,000 square feet of canopy, the licensee | ||||||
| 23 | commits that all HVAC units will be | ||||||
| 24 | high-efficiency ductless split HVAC units, or | ||||||
| 25 | other more energy efficient equipment. | ||||||
| 26 | (ii) For cannabis grow operations with 6,000 | ||||||
| |||||||
| |||||||
| 1 | square feet of canopy or more, the licensee commits | ||||||
| 2 | that all HVAC units will be variable refrigerant | ||||||
| 3 | flow HVAC units, or other more energy efficient | ||||||
| 4 | equipment. | ||||||
| 5 | (D) Water application. | ||||||
| 6 | (i) The cannabis cultivation facility commits | ||||||
| 7 | to use automated watering systems, including, but | ||||||
| 8 | not limited to, drip irrigation and flood tables, | ||||||
| 9 | to irrigate cannabis crop. | ||||||
| 10 | (ii) The cannabis cultivation facility commits | ||||||
| 11 | to measure runoff from watering events and report | ||||||
| 12 | this volume in its water usage plan, and that on | ||||||
| 13 | average, watering events shall have no more than | ||||||
| 14 | 20% of runoff of water. | ||||||
| 15 | (E) Filtration. The cultivator commits that HVAC | ||||||
| 16 | condensate, dehumidification water, excess runoff, and | ||||||
| 17 | other wastewater produced by the cannabis cultivation | ||||||
| 18 | facility shall be captured and filtered to the best of | ||||||
| 19 | the facility's ability to achieve the quality needed to | ||||||
| 20 | be reused in subsequent watering rounds. | ||||||
| 21 | (F) Reporting energy use and efficiency as | ||||||
| 22 | required by rule. | ||||||
| 23 | (b) Applicants must submit all required information, | ||||||
| 24 | including the information required in Section 20-10, to the | ||||||
| 25 | Department of Agriculture. Failure by an applicant to submit | ||||||
| 26 | all required information may result in the application being | ||||||
| |||||||
| |||||||
| 1 | disqualified. | ||||||
| 2 | (c) If the Department of Agriculture receives an | ||||||
| 3 | application with missing information, the Department of | ||||||
| 4 | Agriculture may issue a deficiency notice to the applicant. The | ||||||
| 5 | applicant shall have 10 calendar days from the date of the | ||||||
| 6 | deficiency notice to resubmit the incomplete information. | ||||||
| 7 | Applications that are still incomplete after this opportunity | ||||||
| 8 | to cure will not be scored and will be disqualified. | ||||||
| 9 | (e) A cultivation center that is awarded a Conditional | ||||||
| 10 | Adult Use Cultivation Center License pursuant to the criteria | ||||||
| 11 | in Section 20-20 shall not grow, purchase, possess, or sell | ||||||
| 12 | cannabis or cannabis-infused products until the person has | ||||||
| 13 | received an Adult Use Cultivation Center License issued by the | ||||||
| 14 | Department of Agriculture pursuant to Section 20-21 of this | ||||||
| 15 | Act.
| ||||||
| 16 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 17 | (410 ILCS 705/20-30)
| ||||||
| 18 | Sec. 20-30. Cultivation center requirements; prohibitions. | ||||||
| 19 | (a) The operating documents of a cultivation center shall | ||||||
| 20 | include procedures for the oversight of the cultivation center | ||||||
| 21 | a cannabis plant monitoring system including a physical | ||||||
| 22 | inventory recorded weekly, accurate recordkeeping, and a | ||||||
| 23 | staffing plan. | ||||||
| 24 | (b) A cultivation center shall implement a security plan | ||||||
| 25 | reviewed by the Illinois Department of State Police that | ||||||
| |||||||
| |||||||
| 1 | includes, but is not limited to: facility access controls, | ||||||
| 2 | perimeter intrusion detection systems, personnel | ||||||
| 3 | identification systems, 24-hour surveillance system to monitor | ||||||
| 4 | the interior and exterior of the cultivation center facility | ||||||
| 5 | and accessibility to authorized law enforcement, the | ||||||
| 6 | Department of Public Health where processing takes place, and | ||||||
| 7 | the Department of Agriculture in real time. | ||||||
| 8 | (c) All cultivation of cannabis by a cultivation center | ||||||
| 9 | must take place in an enclosed, locked facility at the physical | ||||||
| 10 | address provided to the Department of Agriculture during the | ||||||
| 11 | licensing process. The cultivation center location shall only | ||||||
| 12 | be accessed by the agents working for the cultivation center, | ||||||
| 13 | the Department of Agriculture staff performing inspections, | ||||||
| 14 | the Department of Public Health staff performing inspections, | ||||||
| 15 | local and State law enforcement or other emergency personnel, | ||||||
| 16 | contractors working on jobs unrelated to cannabis, such as | ||||||
| 17 | installing or maintaining security devices or performing | ||||||
| 18 | electrical wiring, transporting organization agents as | ||||||
| 19 | provided in this Act, individuals in a mentoring or educational | ||||||
| 20 | program approved by the State, or other individuals as provided | ||||||
| 21 | by rule. | ||||||
| 22 | (d) A cultivation center may not sell or distribute any | ||||||
| 23 | cannabis or cannabis-infused products to any person other than | ||||||
| 24 | a dispensing organization, craft grower, infuser organization, | ||||||
| 25 | transporter, or as otherwise authorized by rule. | ||||||
| 26 | (e) A cultivation center may not either directly or | ||||||
| |||||||
| |||||||
| 1 | indirectly discriminate in price between different dispensing | ||||||
| 2 | organizations, craft growers, or infuser organizations that | ||||||
| 3 | are purchasing a like grade, strain, brand, and quality of | ||||||
| 4 | cannabis or cannabis-infused product. Nothing in this | ||||||
| 5 | subsection (e) prevents a cultivation centers from pricing | ||||||
| 6 | cannabis differently based on differences in the cost of | ||||||
| 7 | manufacturing or processing, the quantities sold, such as | ||||||
| 8 | volume discounts, or the way the products are delivered. | ||||||
| 9 | (f) All cannabis harvested by a cultivation center and | ||||||
| 10 | intended for distribution to a dispensing organization must be | ||||||
| 11 | entered into a data collection system, packaged and labeled | ||||||
| 12 | under Section 55-21, and placed into a cannabis container for | ||||||
| 13 | transport. All cannabis harvested by a cultivation center and | ||||||
| 14 | intended for distribution to a craft grower or infuser | ||||||
| 15 | organization must be packaged in a labeled cannabis container | ||||||
| 16 | and entered into a data collection system before transport. | ||||||
| 17 | (g) Cultivation centers are subject to random inspections | ||||||
| 18 | by the Department of Agriculture, the Department of Public | ||||||
| 19 | Health, local safety or health inspectors, and the Illinois | ||||||
| 20 | Department of State Police. | ||||||
| 21 | (h) A cultivation center agent shall notify local law | ||||||
| 22 | enforcement, the Illinois Department of State Police, and the | ||||||
| 23 | Department of Agriculture within 24 hours of the discovery of | ||||||
| 24 | any loss or theft. Notification shall be made by phone or in | ||||||
| 25 | person, or by written or electronic communication. | ||||||
| 26 | (i) A cultivation center shall comply with all State and | ||||||
| |||||||
| |||||||
| 1 | any applicable federal rules and regulations regarding the use | ||||||
| 2 | of pesticides on cannabis plants. | ||||||
| 3 | (j) No person or entity shall hold any legal, equitable, | ||||||
| 4 | ownership, or beneficial interest, directly or indirectly, of | ||||||
| 5 | more than 3 cultivation centers licensed under this Article. | ||||||
| 6 | Further, no person or entity that is employed by, an agent of, | ||||||
| 7 | has a contract to receive payment in any form from a | ||||||
| 8 | cultivation center, is a principal officer of a cultivation | ||||||
| 9 | center, or entity controlled by or affiliated with a principal | ||||||
| 10 | officer of a cultivation shall hold any legal, equitable, | ||||||
| 11 | ownership, or beneficial interest, directly or indirectly, in a | ||||||
| 12 | cultivation that would result in the person or entity owning or | ||||||
| 13 | controlling in combination with any cultivation center, | ||||||
| 14 | principal officer of a cultivation center, or entity controlled | ||||||
| 15 | or affiliated with a principal officer of a cultivation center | ||||||
| 16 | by which he, she, or it is employed, is an agent of, or | ||||||
| 17 | participates in the management of, more than 3 cultivation | ||||||
| 18 | center licenses. | ||||||
| 19 | (k) A cultivation center may not contain more than 210,000 | ||||||
| 20 | square feet of canopy space for plants in the flowering stage | ||||||
| 21 | for cultivation of adult use cannabis as provided in this Act. | ||||||
| 22 | (l) A cultivation center may process cannabis, cannabis | ||||||
| 23 | concentrates, and cannabis-infused products. | ||||||
| 24 | (m) Beginning July 1, 2020, a cultivation center shall not | ||||||
| 25 | transport cannabis or cannabis-infused products to a craft | ||||||
| 26 | grower, dispensing organization, infuser organization, or | ||||||
| |||||||
| |||||||
| 1 | laboratory licensed under this Act, unless it has obtained a | ||||||
| 2 | transporting organization license. | ||||||
| 3 | (n) It is unlawful for any person having a cultivation | ||||||
| 4 | center license or any officer, associate, member, | ||||||
| 5 | representative, or agent of such licensee to offer or deliver | ||||||
| 6 | money, or anything else of value, directly or indirectly to any | ||||||
| 7 | person having an Early Approval Adult Use Dispensing | ||||||
| 8 | Organization License, a Conditional Adult Use Dispensing | ||||||
| 9 | Organization License, an Adult Use Dispensing Organization | ||||||
| 10 | License, or a medical cannabis dispensing organization license | ||||||
| 11 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
| 12 | Act, or to any person connected with or in any way | ||||||
| 13 | representing, or to any member of the family of, such person | ||||||
| 14 | holding an Early Approval Adult Use Dispensing Organization | ||||||
| 15 | License, a Conditional Adult Use Dispensing Organization | ||||||
| 16 | License, an Adult Use Dispensing Organization License, or a | ||||||
| 17 | medical cannabis dispensing organization license issued under | ||||||
| 18 | the Compassionate Use of Medical Cannabis Program Act, or to | ||||||
| 19 | any stockholders in any corporation engaged in the retail sale | ||||||
| 20 | of cannabis, or to any officer, manager, agent, or | ||||||
| 21 | representative of the Early Approval Adult Use Dispensing | ||||||
| 22 | Organization License, a Conditional Adult Use Dispensing | ||||||
| 23 | Organization License, an Adult Use Dispensing Organization | ||||||
| 24 | License, or a medical cannabis dispensing organization license | ||||||
| 25 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
| 26 | Act to obtain preferential placement within the dispensing | ||||||
| |||||||
| |||||||
| 1 | organization, including, without limitation, on shelves and in | ||||||
| 2 | display cases where purchasers can view products, or on the | ||||||
| 3 | dispensing organization's website. | ||||||
| 4 | (o) A cultivation center must comply with any other | ||||||
| 5 | requirements or prohibitions set by administrative rule of the | ||||||
| 6 | Department of Agriculture.
| ||||||
| 7 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 8 | (410 ILCS 705/20-35)
| ||||||
| 9 | Sec. 20-35. Cultivation center agent identification card. | ||||||
| 10 | (a) The Department of Agriculture shall: | ||||||
| 11 | (1) establish by rule the information required in an | ||||||
| 12 | initial application or renewal application for an agent | ||||||
| 13 | identification card submitted under this Act and the | ||||||
| 14 | nonrefundable fee to accompany the initial application or | ||||||
| 15 | renewal application; | ||||||
| 16 | (2) verify the information contained in an initial | ||||||
| 17 | application or renewal application for an agent | ||||||
| 18 | identification card submitted under this Act, and approve | ||||||
| 19 | or deny an application within 30 days of receiving a | ||||||
| 20 | completed initial application or renewal application and | ||||||
| 21 | all supporting documentation required by rule; | ||||||
| 22 | (3) issue an agent identification card to a qualifying | ||||||
| 23 | agent within 15 business days of approving the initial | ||||||
| 24 | application or renewal application; | ||||||
| 25 | (4) enter the license number of the cultivation center | ||||||
| |||||||
| |||||||
| 1 | where the agent works; and | ||||||
| 2 | (5) allow for an electronic initial application and | ||||||
| 3 | renewal application process, and provide a confirmation by | ||||||
| 4 | electronic or other methods that an application has been | ||||||
| 5 | submitted. The Department of Agriculture may by rule | ||||||
| 6 | require prospective agents to file their applications by | ||||||
| 7 | electronic means and provide notices to the agents by | ||||||
| 8 | electronic means. | ||||||
| 9 | (b) An agent must keep his or her identification card | ||||||
| 10 | visible at all times when on the property of the cultivation | ||||||
| 11 | center at which the agent is employed. | ||||||
| 12 | (c) The agent identification cards shall contain the | ||||||
| 13 | following: | ||||||
| 14 | (1) the name of the cardholder; | ||||||
| 15 | (2) the date of issuance and expiration date of the | ||||||
| 16 | identification card; | ||||||
| 17 | (3) a random 10-digit alphanumeric identification | ||||||
| 18 | number containing at least 4 numbers and at least 4 letters | ||||||
| 19 | that is unique to the holder; | ||||||
| 20 | (4) a photograph of the cardholder; and | ||||||
| 21 | (5) the legal name of the cultivation center employing | ||||||
| 22 | the agent. | ||||||
| 23 | (d) An agent identification card shall be immediately | ||||||
| 24 | returned to the cultivation center of the agent upon | ||||||
| 25 | termination of his or her employment. | ||||||
| 26 | (e) Any agent identification card lost by a cultivation | ||||||
| |||||||
| |||||||
| 1 | center agent shall be reported to the Illinois Department of | ||||||
| 2 | State Police and the Department of Agriculture immediately upon | ||||||
| 3 | discovery of the loss. | ||||||
| 4 | (f) The Department of Agriculture shall not issue an agent | ||||||
| 5 | identification card if the applicant is delinquent in filing | ||||||
| 6 | any required tax returns or paying any amounts owed to the | ||||||
| 7 | State of Illinois.
| ||||||
| 8 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 9 | (410 ILCS 705/20-40)
| ||||||
| 10 | Sec. 20-40. Cultivation center background checks. | ||||||
| 11 | (a) Through the Illinois Department of State Police, the | ||||||
| 12 | Department of Agriculture shall conduct a background check of | ||||||
| 13 | the prospective principal officers, board members, and agents | ||||||
| 14 | of a cultivation center applying for a license or | ||||||
| 15 | identification card under this Act. The Illinois Department of | ||||||
| 16 | State Police shall charge a fee set by rule for conducting the | ||||||
| 17 | criminal history record check, which shall be deposited into | ||||||
| 18 | the State Police Services Fund and shall not exceed the actual | ||||||
| 19 | cost of the record check. In order to carry out this provision, | ||||||
| 20 | each cultivation center prospective principal officer, board | ||||||
| 21 | member, or agent shall submit a full set of fingerprints to the | ||||||
| 22 | Illinois Department of State Police for the purpose of | ||||||
| 23 | obtaining a State and federal criminal records check. These | ||||||
| 24 | fingerprints shall be checked against the fingerprint records | ||||||
| 25 | now and hereafter, to the extent allowed by law, filed in the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police and Federal Bureau of | ||||||
| 2 | Investigation criminal history records databases. The Illinois | ||||||
| 3 | Department of State Police shall furnish, following positive | ||||||
| 4 | identification, all conviction information to the Department | ||||||
| 5 | of Agriculture. | ||||||
| 6 | (b) When applying for the initial license or identification | ||||||
| 7 | card, the background checks for all prospective principal | ||||||
| 8 | officers, board members, and agents shall be completed before | ||||||
| 9 | submitting the application to the licensing or issuing agency.
| ||||||
| 10 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 11 | (410 ILCS 705/25-30) | ||||||
| 12 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
| 13 | Sec. 25-30. Inspection rights. | ||||||
| 14 | (a) A licensee's enclosed, locked facilities are subject to | ||||||
| 15 | random inspections by the Department and the Illinois | ||||||
| 16 | Department of State Police. | ||||||
| 17 | (b) Nothing in this Section shall be construed to give the | ||||||
| 18 | Department or the Illinois Department of State Police a right | ||||||
| 19 | of inspection or access to any location on the licensee's | ||||||
| 20 | premises beyond the facilities licensed under this Article.
| ||||||
| 21 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 22 | (410 ILCS 705/25-35) | ||||||
| 23 | (Section scheduled to be repealed on July 1, 2026)
| ||||||
| 24 | Sec. 25-35. Community College Cannabis Vocational Training | ||||||
| |||||||
| |||||||
| 1 | Pilot Program faculty participant agent identification card. | ||||||
| 2 | (a) The Department shall: | ||||||
| 3 | (1) establish by rule the information required in an | ||||||
| 4 | initial application or renewal application for an agent | ||||||
| 5 | identification card submitted under this Article and the | ||||||
| 6 | nonrefundable fee to accompany the initial application or | ||||||
| 7 | renewal application; | ||||||
| 8 | (2) verify the information contained in an initial | ||||||
| 9 | application or renewal application for an agent | ||||||
| 10 | identification card submitted under this Article, and | ||||||
| 11 | approve or deny an application within 30 days of receiving | ||||||
| 12 | a completed initial application or renewal application and | ||||||
| 13 | all supporting documentation required by rule; | ||||||
| 14 | (3) issue an agent identification card to a qualifying | ||||||
| 15 | agent within 15 business days of approving the initial | ||||||
| 16 | application or renewal application; | ||||||
| 17 | (4) enter the license number of the community college | ||||||
| 18 | where the agent works; and | ||||||
| 19 | (5) allow for an electronic initial application and | ||||||
| 20 | renewal application process, and provide a confirmation by | ||||||
| 21 | electronic or other methods that an application has been | ||||||
| 22 | submitted. Each Department may by rule require prospective | ||||||
| 23 | agents to file their applications by electronic means and | ||||||
| 24 | to provide notices to the agents by electronic means. | ||||||
| 25 | (b) An agent must keep his or her identification card | ||||||
| 26 | visible at all times when in the enclosed, locked facility, or | ||||||
| |||||||
| |||||||
| 1 | facilities for which he or she is an agent. | ||||||
| 2 | (c) The agent identification cards shall contain the | ||||||
| 3 | following: | ||||||
| 4 | (1) the name of the cardholder; | ||||||
| 5 | (2) the date of issuance and expiration date of the | ||||||
| 6 | identification card; | ||||||
| 7 | (3) a random 10-digit alphanumeric identification | ||||||
| 8 | number containing at least 4 numbers and at least 4 letters | ||||||
| 9 | that is unique to the holder; | ||||||
| 10 | (4) a photograph of the cardholder; and | ||||||
| 11 | (5) the legal name of the community college employing | ||||||
| 12 | the agent. | ||||||
| 13 | (d) An agent identification card shall be immediately | ||||||
| 14 | returned to the community college of the agent upon termination | ||||||
| 15 | of his or her employment. | ||||||
| 16 | (e) Any agent identification card lost shall be reported to | ||||||
| 17 | the Illinois Department of State Police and the Department of | ||||||
| 18 | Agriculture immediately upon discovery of the loss.
| ||||||
| 19 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 20 | (410 ILCS 705/30-10)
| ||||||
| 21 | Sec. 30-10. Application. | ||||||
| 22 | (a) When applying for a license, the applicant shall | ||||||
| 23 | electronically submit the following in such form as the | ||||||
| 24 | Department of Agriculture may direct: | ||||||
| 25 | (1) the nonrefundable application fee of $5,000 to be | ||||||
| |||||||
| |||||||
| 1 | deposited into the Cannabis Regulation Fund, or another | ||||||
| 2 | amount as the Department of Agriculture may set by rule | ||||||
| 3 | after January 1, 2021; | ||||||
| 4 | (2) the legal name of the craft grower; | ||||||
| 5 | (3) the proposed physical address of the craft grower; | ||||||
| 6 | (4) the name, address, social security number, and date | ||||||
| 7 | of birth of each principal officer and board member of the | ||||||
| 8 | craft grower; each principal officer and board member shall | ||||||
| 9 | be at least 21 years of age; | ||||||
| 10 | (5) the details of any administrative or judicial | ||||||
| 11 | proceeding in which any of the principal officers or board | ||||||
| 12 | members of the craft grower (i) pled guilty, were | ||||||
| 13 | convicted, were fined, or had a registration or license | ||||||
| 14 | suspended or revoked or (ii) managed or served on the board | ||||||
| 15 | of a business or non-profit organization that pled guilty, | ||||||
| 16 | was convicted, was fined, or had a registration or license | ||||||
| 17 | suspended or revoked; | ||||||
| 18 | (6) proposed operating bylaws that include procedures | ||||||
| 19 | for the oversight of the craft grower, including the | ||||||
| 20 | development and implementation of a plant monitoring | ||||||
| 21 | system, accurate recordkeeping, staffing plan, and | ||||||
| 22 | security plan approved by the Illinois Department of State | ||||||
| 23 | Police that are in accordance with the rules issued by the | ||||||
| 24 | Department of Agriculture under this Act; a physical | ||||||
| 25 | inventory shall be performed of all plants and on a weekly | ||||||
| 26 | basis by the craft grower; | ||||||
| |||||||
| |||||||
| 1 | (7) verification from the Illinois Department of State | ||||||
| 2 | Police that all background checks of the prospective | ||||||
| 3 | principal officers, board members, and agents of the | ||||||
| 4 | cannabis business establishment have been conducted; | ||||||
| 5 | (8) a copy of the current local zoning ordinance or | ||||||
| 6 | permit and verification that the proposed craft grower is | ||||||
| 7 | in compliance with the local zoning rules and distance | ||||||
| 8 | limitations established by the local jurisdiction; | ||||||
| 9 | (9) proposed employment practices, in which the | ||||||
| 10 | applicant must demonstrate a plan of action to inform, | ||||||
| 11 | hire, and educate minorities, women, veterans, and persons | ||||||
| 12 | with disabilities, engage in fair labor practices, and | ||||||
| 13 | provide worker protections; | ||||||
| 14 | (10) whether an applicant can demonstrate experience | ||||||
| 15 | in or business practices that promote economic empowerment | ||||||
| 16 | in Disproportionately Impacted Areas; | ||||||
| 17 | (11) experience with the cultivation of agricultural | ||||||
| 18 | or horticultural products, operating an agriculturally | ||||||
| 19 | related business, or operating a horticultural business; | ||||||
| 20 | (12) a description of the enclosed, locked facility | ||||||
| 21 | where cannabis will be grown, harvested, manufactured, | ||||||
| 22 | packaged, or otherwise prepared for distribution to a | ||||||
| 23 | dispensing organization or other cannabis business | ||||||
| 24 | establishment; | ||||||
| 25 | (13) a survey of the enclosed, locked facility, | ||||||
| 26 | including the space used for cultivation; | ||||||
| |||||||
| |||||||
| 1 | (14) cultivation, processing, inventory, and packaging | ||||||
| 2 | plans; | ||||||
| 3 | (15) a description of the applicant's experience with | ||||||
| 4 | agricultural cultivation techniques and industry | ||||||
| 5 | standards; | ||||||
| 6 | (16) a list of any academic degrees, certifications, or | ||||||
| 7 | relevant experience of all prospective principal officers, | ||||||
| 8 | board members, and agents of the related business; | ||||||
| 9 | (17) the identity of every person having a financial or | ||||||
| 10 | voting interest of 5% or greater in the craft grower | ||||||
| 11 | operation, whether a trust, corporation, partnership, | ||||||
| 12 | limited liability company, or sole proprietorship, | ||||||
| 13 | including the name and address of each person; | ||||||
| 14 | (18) a plan describing how the craft grower will | ||||||
| 15 | address each of the following: | ||||||
| 16 | (i) energy needs, including estimates of monthly | ||||||
| 17 | electricity and gas usage, to what extent it will | ||||||
| 18 | procure energy from a local utility or from on-site | ||||||
| 19 | generation, and if it has or will adopt a sustainable | ||||||
| 20 | energy use and energy conservation policy; | ||||||
| 21 | (ii) water needs, including estimated water draw | ||||||
| 22 | and if it has or will adopt a sustainable water use and | ||||||
| 23 | water conservation policy; and | ||||||
| 24 | (iii) waste management, including if it has or will | ||||||
| 25 | adopt a waste reduction policy; | ||||||
| 26 | (19) a recycling plan: | ||||||
| |||||||
| |||||||
| 1 | (A) Purchaser packaging, including cartridges, | ||||||
| 2 | shall be accepted by the applicant and recycled. | ||||||
| 3 | (B) Any recyclable waste generated by the craft | ||||||
| 4 | grower facility shall be recycled per applicable State | ||||||
| 5 | and local laws, ordinances, and rules. | ||||||
| 6 | (C) Any cannabis waste, liquid waste, or hazardous | ||||||
| 7 | waste shall be disposed of in accordance with 8 Ill. | ||||||
| 8 | Adm. Code 1000.460, except, to the greatest extent | ||||||
| 9 | feasible, all cannabis plant waste will be rendered | ||||||
| 10 | unusable by grinding and incorporating the cannabis | ||||||
| 11 | plant waste with compostable mixed waste to be disposed | ||||||
| 12 | of in accordance with 8 Ill. Adm. Code 1000.460(g)(1); | ||||||
| 13 | (20) a commitment to comply with local waste | ||||||
| 14 | provisions: a craft grower facility must remain in | ||||||
| 15 | compliance with applicable State and federal environmental | ||||||
| 16 | requirements, including, but not limited to: | ||||||
| 17 | (A) storing, securing, and managing all | ||||||
| 18 | recyclables and waste, including organic waste | ||||||
| 19 | composed of or containing finished cannabis and | ||||||
| 20 | cannabis products, in accordance with applicable State | ||||||
| 21 | and local laws, ordinances, and rules; and | ||||||
| 22 | (B) disposing liquid waste containing cannabis or | ||||||
| 23 | byproducts of cannabis processing in compliance with | ||||||
| 24 | all applicable State and federal requirements, | ||||||
| 25 | including, but not limited to, the cannabis | ||||||
| 26 | cultivation facility's permits under Title X of the | ||||||
| |||||||
| |||||||
| 1 | Environmental Protection Act; | ||||||
| 2 | (21) a commitment to a technology standard for resource | ||||||
| 3 | efficiency of the craft grower facility. | ||||||
| 4 | (A) A craft grower facility commits to use | ||||||
| 5 | resources efficiently, including energy and water. For | ||||||
| 6 | the following, a cannabis cultivation facility commits | ||||||
| 7 | to meet or exceed the technology standard identified in | ||||||
| 8 | paragraphs (i), (ii), (iii), and (iv), which may be | ||||||
| 9 | modified by rule: | ||||||
| 10 | (i) lighting systems, including light bulbs; | ||||||
| 11 | (ii) HVAC system; | ||||||
| 12 | (iii) water application system to the crop; | ||||||
| 13 | and | ||||||
| 14 | (iv) filtration system for removing | ||||||
| 15 | contaminants from wastewater. | ||||||
| 16 | (B) Lighting. The Lighting Power Densities (LPD) | ||||||
| 17 | for cultivation space commits to not exceed an average | ||||||
| 18 | of 36 watts per gross square foot of active and growing | ||||||
| 19 | space canopy, or all installed lighting technology | ||||||
| 20 | shall meet a photosynthetic photon efficacy (PPE) of no | ||||||
| 21 | less than 2.2 micromoles per joule fixture and shall be | ||||||
| 22 | featured on the DesignLights Consortium (DLC) | ||||||
| 23 | Horticultural Specification Qualified Products List | ||||||
| 24 | (QPL). In the event that DLC requirement for minimum | ||||||
| 25 | efficacy exceeds 2.2 micromoles per joule fixture, | ||||||
| 26 | that PPE shall become the new standard. | ||||||
| |||||||
| |||||||
| 1 | (C) HVAC. | ||||||
| 2 | (i) For cannabis grow operations with less | ||||||
| 3 | than 6,000 square feet of canopy, the licensee | ||||||
| 4 | commits that all HVAC units will be | ||||||
| 5 | high-efficiency ductless split HVAC units, or | ||||||
| 6 | other more energy efficient equipment. | ||||||
| 7 | (ii) For cannabis grow operations with 6,000 | ||||||
| 8 | square feet of canopy or more, the licensee commits | ||||||
| 9 | that all HVAC units will be variable refrigerant | ||||||
| 10 | flow HVAC units, or other more energy efficient | ||||||
| 11 | equipment. | ||||||
| 12 | (D) Water application. | ||||||
| 13 | (i) The craft grower facility commits to use | ||||||
| 14 | automated watering systems, including, but not | ||||||
| 15 | limited to, drip irrigation and flood tables, to | ||||||
| 16 | irrigate cannabis crop. | ||||||
| 17 | (ii) The craft grower facility commits to | ||||||
| 18 | measure runoff from watering events and report | ||||||
| 19 | this volume in its water usage plan, and that on | ||||||
| 20 | average, watering events shall have no more than | ||||||
| 21 | 20% of runoff of water. | ||||||
| 22 | (E) Filtration. The craft grower commits that HVAC | ||||||
| 23 | condensate, dehumidification water, excess runoff, and | ||||||
| 24 | other wastewater produced by the craft grower facility | ||||||
| 25 | shall be captured and filtered to the best of the | ||||||
| 26 | facility's ability to achieve the quality needed to be | ||||||
| |||||||
| |||||||
| 1 | reused in subsequent watering rounds. | ||||||
| 2 | (F) Reporting energy use and efficiency as | ||||||
| 3 | required by rule; and | ||||||
| 4 | (22) any other information required by rule. | ||||||
| 5 | (b) Applicants must submit all required information, | ||||||
| 6 | including the information required in Section 30-15, to the | ||||||
| 7 | Department of Agriculture. Failure by an applicant to submit | ||||||
| 8 | all required information may result in the application being | ||||||
| 9 | disqualified. | ||||||
| 10 | (c) If the Department of Agriculture receives an | ||||||
| 11 | application with missing information, the Department of | ||||||
| 12 | Agriculture may issue a deficiency notice to the applicant. The | ||||||
| 13 | applicant shall have 10 calendar days from the date of the | ||||||
| 14 | deficiency notice to resubmit the incomplete information. | ||||||
| 15 | Applications that are still incomplete after this opportunity | ||||||
| 16 | to cure will not be scored and will be disqualified.
| ||||||
| 17 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 18 | (410 ILCS 705/30-30)
| ||||||
| 19 | Sec. 30-30. Craft grower requirements; prohibitions. | ||||||
| 20 | (a) The operating documents of a craft grower shall include | ||||||
| 21 | procedures for the oversight of the craft grower, a cannabis | ||||||
| 22 | plant monitoring system including a physical inventory | ||||||
| 23 | recorded weekly, accurate recordkeeping, and a staffing plan. | ||||||
| 24 | (b) A craft grower shall implement a security plan reviewed | ||||||
| 25 | by the Illinois Department of State Police that includes, but | ||||||
| |||||||
| |||||||
| 1 | is not limited to: facility access controls, perimeter | ||||||
| 2 | intrusion detection systems, personnel identification systems, | ||||||
| 3 | and a 24-hour surveillance system to monitor the interior and | ||||||
| 4 | exterior of the craft grower facility and that is accessible to | ||||||
| 5 | authorized law enforcement and the Department of Agriculture in | ||||||
| 6 | real time. | ||||||
| 7 | (c) All cultivation of cannabis by a craft grower must take | ||||||
| 8 | place in an enclosed, locked facility at the physical address | ||||||
| 9 | provided to the Department of Agriculture during the licensing | ||||||
| 10 | process. The craft grower location shall only be accessed by | ||||||
| 11 | the agents working for the craft grower, the Department of | ||||||
| 12 | Agriculture staff performing inspections, the Department of | ||||||
| 13 | Public Health staff performing inspections, State and local law | ||||||
| 14 | enforcement or other emergency personnel, contractors working | ||||||
| 15 | on jobs unrelated to cannabis, such as installing or | ||||||
| 16 | maintaining security devices or performing electrical wiring, | ||||||
| 17 | transporting organization agents as provided in this Act, or | ||||||
| 18 | participants in the incubator program, individuals in a | ||||||
| 19 | mentoring or educational program approved by the State, or | ||||||
| 20 | other individuals as provided by rule. However, if a craft | ||||||
| 21 | grower shares a premises with an infuser or dispensing | ||||||
| 22 | organization, agents from those other licensees may access the | ||||||
| 23 | craft grower portion of the premises if that is the location of | ||||||
| 24 | common bathrooms, lunchrooms, locker rooms, or other areas of | ||||||
| 25 | the building where work or cultivation of cannabis is not | ||||||
| 26 | performed. At no time may an infuser or dispensing organization | ||||||
| |||||||
| |||||||
| 1 | agent perform work at a craft grower without being a registered | ||||||
| 2 | agent of the craft grower. | ||||||
| 3 | (d) A craft grower may not sell or distribute any cannabis | ||||||
| 4 | to any person other than a cultivation center, a craft grower, | ||||||
| 5 | an infuser organization, a dispensing organization, or as | ||||||
| 6 | otherwise authorized by rule. | ||||||
| 7 | (e) A craft grower may not be located in an area zoned for | ||||||
| 8 | residential use. | ||||||
| 9 | (f) A craft grower may not either directly or indirectly | ||||||
| 10 | discriminate in price between different cannabis business | ||||||
| 11 | establishments that are purchasing a like grade, strain, brand, | ||||||
| 12 | and quality of cannabis or cannabis-infused product. Nothing in | ||||||
| 13 | this subsection (f) prevents a craft grower from pricing | ||||||
| 14 | cannabis differently based on differences in the cost of | ||||||
| 15 | manufacturing or processing, the quantities sold, such as | ||||||
| 16 | volume discounts, or the way the products are delivered. | ||||||
| 17 | (g) All cannabis harvested by a craft grower and intended | ||||||
| 18 | for distribution to a dispensing organization must be entered | ||||||
| 19 | into a data collection system, packaged and labeled under | ||||||
| 20 | Section 55-21, and, if distribution is to a dispensing | ||||||
| 21 | organization that does not share a premises with the dispensing | ||||||
| 22 | organization receiving the cannabis, placed into a cannabis | ||||||
| 23 | container for transport. All cannabis harvested by a craft | ||||||
| 24 | grower and intended for distribution to a cultivation center, | ||||||
| 25 | to an infuser organization, or to a craft grower with which it | ||||||
| 26 | does not share a premises, must be packaged in a labeled | ||||||
| |||||||
| |||||||
| 1 | cannabis container and entered into a data collection system | ||||||
| 2 | before transport. | ||||||
| 3 | (h) Craft growers are subject to random inspections by the | ||||||
| 4 | Department of Agriculture, local safety or health inspectors, | ||||||
| 5 | and the Illinois Department of State Police. | ||||||
| 6 | (i) A craft grower agent shall notify local law | ||||||
| 7 | enforcement, the Illinois Department of State Police, and the | ||||||
| 8 | Department of Agriculture within 24 hours of the discovery of | ||||||
| 9 | any loss or theft. Notification shall be made by phone, in | ||||||
| 10 | person, or written or electronic communication. | ||||||
| 11 | (j) A craft grower shall comply with all State and any | ||||||
| 12 | applicable federal rules and regulations regarding the use of | ||||||
| 13 | pesticides. | ||||||
| 14 | (k) A craft grower or craft grower agent shall not | ||||||
| 15 | transport cannabis or cannabis-infused products to any other | ||||||
| 16 | cannabis business establishment without a transport | ||||||
| 17 | organization license unless: | ||||||
| 18 | (i) If the craft grower is located in a county with a | ||||||
| 19 | population of 3,000,000 or more, the cannabis business | ||||||
| 20 | establishment receiving the cannabis is within 2,000 feet | ||||||
| 21 | of the property line of the craft grower; | ||||||
| 22 | (ii) If the craft grower is located in a county with a | ||||||
| 23 | population of more than 700,000 but fewer than 3,000,000, | ||||||
| 24 | the cannabis business establishment receiving the cannabis | ||||||
| 25 | is within 2 miles of the craft grower; or | ||||||
| 26 | (iii) If the craft grower is located in a county with a | ||||||
| |||||||
| |||||||
| 1 | population of fewer than 700,000, the cannabis business | ||||||
| 2 | establishment receiving the cannabis is within 15 miles of | ||||||
| 3 | the craft grower. | ||||||
| 4 | (l) A craft grower may enter into a contract with a | ||||||
| 5 | transporting organization to transport cannabis to a | ||||||
| 6 | cultivation center, a craft grower, an infuser organization, a | ||||||
| 7 | dispensing organization, or a laboratory. | ||||||
| 8 | (m) No person or entity shall hold any legal, equitable, | ||||||
| 9 | ownership, or beneficial interest, directly or indirectly, of | ||||||
| 10 | more than 3 craft grower licenses. Further, no person or entity | ||||||
| 11 | that is employed by, an agent of, or has a contract to receive | ||||||
| 12 | payment from or participate in the management of a craft | ||||||
| 13 | grower, is a principal officer of a craft grower, or entity | ||||||
| 14 | controlled by or affiliated with a principal officer of a craft | ||||||
| 15 | grower shall hold any legal, equitable, ownership, or | ||||||
| 16 | beneficial interest, directly or indirectly, in a craft grower | ||||||
| 17 | license that would result in the person or entity owning or | ||||||
| 18 | controlling in combination with any craft grower, principal | ||||||
| 19 | officer of a craft grower, or entity controlled or affiliated | ||||||
| 20 | with a principal officer of a craft grower by which he, she, or | ||||||
| 21 | it is employed, is an agent of, or participates in the | ||||||
| 22 | management of more than 3 craft grower licenses. | ||||||
| 23 | (n) It is unlawful for any person having a craft grower | ||||||
| 24 | license or any officer, associate, member, representative, or | ||||||
| 25 | agent of the licensee to offer or deliver money, or anything | ||||||
| 26 | else of value, directly or indirectly, to any person having an | ||||||
| |||||||
| |||||||
| 1 | Early Approval Adult Use Dispensing Organization License, a | ||||||
| 2 | Conditional Adult Use Dispensing Organization License, an | ||||||
| 3 | Adult Use Dispensing Organization License, or a medical | ||||||
| 4 | cannabis dispensing organization license issued under the | ||||||
| 5 | Compassionate Use of Medical Cannabis Program Act, or to any | ||||||
| 6 | person connected with or in any way representing, or to any | ||||||
| 7 | member of the family of, the person holding an Early Approval | ||||||
| 8 | Adult Use Dispensing Organization License, a Conditional Adult | ||||||
| 9 | Use Dispensing Organization License, an Adult Use Dispensing | ||||||
| 10 | Organization License, or a medical cannabis dispensing | ||||||
| 11 | organization license issued under the Compassionate Use of | ||||||
| 12 | Medical Cannabis Program Act, or to any stockholders in any | ||||||
| 13 | corporation engaged in the retail sale of cannabis, or to any | ||||||
| 14 | officer, manager, agent, or representative of the Early | ||||||
| 15 | Approval Adult Use Dispensing Organization License, a | ||||||
| 16 | Conditional Adult Use Dispensing Organization License, an | ||||||
| 17 | Adult Use Dispensing Organization License, or a medical | ||||||
| 18 | cannabis dispensing organization license issued under the | ||||||
| 19 | Compassionate Use of Medical Cannabis Program Act to obtain | ||||||
| 20 | preferential placement within the dispensing organization, | ||||||
| 21 | including, without limitation, on shelves and in display cases | ||||||
| 22 | where purchasers can view products, or on the dispensing | ||||||
| 23 | organization's website. | ||||||
| 24 | (o) A craft grower shall not be located within 1,500 feet | ||||||
| 25 | of another craft grower or a cultivation center. | ||||||
| 26 | (p) A craft grower may process cannabis, cannabis | ||||||
| |||||||
| |||||||
| 1 | concentrates, and cannabis-infused products. | ||||||
| 2 | (q) A craft grower must comply with any other requirements | ||||||
| 3 | or prohibitions set by administrative rule of the Department of | ||||||
| 4 | Agriculture.
| ||||||
| 5 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 6 | (410 ILCS 705/30-35)
| ||||||
| 7 | Sec. 30-35. Craft grower agent identification card. | ||||||
| 8 | (a) The Department of Agriculture shall: | ||||||
| 9 | (1) establish by rule the information required in an | ||||||
| 10 | initial application or renewal application for an agent | ||||||
| 11 | identification card submitted under this Act and the | ||||||
| 12 | nonrefundable fee to accompany the initial application or | ||||||
| 13 | renewal application; | ||||||
| 14 | (2) verify the information contained in an initial | ||||||
| 15 | application or renewal application for an agent | ||||||
| 16 | identification card submitted under this Act and approve or | ||||||
| 17 | deny an application within 30 days of receiving a completed | ||||||
| 18 | initial application or renewal application and all | ||||||
| 19 | supporting documentation required by rule; | ||||||
| 20 | (3) issue an agent identification card to a qualifying | ||||||
| 21 | agent within 15 business days of approving the initial | ||||||
| 22 | application or renewal application; | ||||||
| 23 | (4) enter the license number of the craft grower where | ||||||
| 24 | the agent works; and | ||||||
| 25 | (5) allow for an electronic initial application and | ||||||
| |||||||
| |||||||
| 1 | renewal application process, and provide a confirmation by | ||||||
| 2 | electronic or other methods that an application has been | ||||||
| 3 | submitted. The Department of Agriculture may by rule | ||||||
| 4 | require prospective agents to file their applications by | ||||||
| 5 | electronic means and provide notices to the agents by | ||||||
| 6 | electronic means. | ||||||
| 7 | (b) An agent must keep his or her identification card | ||||||
| 8 | visible at all times when on the property of a cannabis | ||||||
| 9 | business establishment, including the craft grower | ||||||
| 10 | organization for which he or she is an agent. | ||||||
| 11 | (c) The agent identification cards shall contain the | ||||||
| 12 | following: | ||||||
| 13 | (1) the name of the cardholder; | ||||||
| 14 | (2) the date of issuance and expiration date of the | ||||||
| 15 | identification card; | ||||||
| 16 | (3) a random 10-digit alphanumeric identification | ||||||
| 17 | number containing at least 4 numbers and at least 4 letters | ||||||
| 18 | that is unique to the holder; | ||||||
| 19 | (4) a photograph of the cardholder; and | ||||||
| 20 | (5) the legal name of the craft grower organization | ||||||
| 21 | employing the agent. | ||||||
| 22 | (d) An agent identification card shall be immediately | ||||||
| 23 | returned to the cannabis business establishment of the agent | ||||||
| 24 | upon termination of his or her employment. | ||||||
| 25 | (e) Any agent identification card lost by a craft grower | ||||||
| 26 | agent shall be reported to the Illinois Department of State | ||||||
| |||||||
| |||||||
| 1 | Police and the Department of Agriculture immediately upon | ||||||
| 2 | discovery of the loss.
| ||||||
| 3 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 4 | (410 ILCS 705/30-40)
| ||||||
| 5 | Sec. 30-40. Craft grower background checks. | ||||||
| 6 | (a) Through the Illinois Department of State Police, the | ||||||
| 7 | Department of Agriculture shall conduct a background check of | ||||||
| 8 | the prospective principal officers, board members, and agents | ||||||
| 9 | of a craft grower applying for a license or identification card | ||||||
| 10 | under this Act. The Illinois Department of State Police shall | ||||||
| 11 | charge a fee set by rule for conducting the criminal history | ||||||
| 12 | record check, which shall be deposited into the State Police | ||||||
| 13 | Services Fund and shall not exceed the actual cost of the | ||||||
| 14 | record check. In order to carry out this Section, each craft | ||||||
| 15 | grower organization's prospective principal officer, board | ||||||
| 16 | member, or agent shall submit a full set of fingerprints to the | ||||||
| 17 | Illinois Department of State Police for the purpose of | ||||||
| 18 | obtaining a State and federal criminal records check. These | ||||||
| 19 | fingerprints shall be checked against the fingerprint records | ||||||
| 20 | now and hereafter, to the extent allowed by law, filed in the | ||||||
| 21 | Illinois Department of State Police and Federal Bureau of | ||||||
| 22 | Investigation criminal history records databases. The Illinois | ||||||
| 23 | Department of State Police shall furnish, following positive | ||||||
| 24 | identification, all conviction information to the Department | ||||||
| 25 | of Agriculture. | ||||||
| |||||||
| |||||||
| 1 | (b) When applying for the initial license or identification | ||||||
| 2 | card, the background checks for all prospective principal | ||||||
| 3 | officers, board members, and agents shall be completed before | ||||||
| 4 | submitting the application to the licensing or issuing agency.
| ||||||
| 5 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 6 | (410 ILCS 705/35-10)
| ||||||
| 7 | Sec. 35-10. Application. | ||||||
| 8 | (a) When applying for a license, the applicant shall | ||||||
| 9 | electronically submit the following in such form as the | ||||||
| 10 | Department of Agriculture may direct: | ||||||
| 11 | (1) the nonrefundable application fee of $5,000 or, | ||||||
| 12 | after January 1, 2021, another amount as set by rule by the | ||||||
| 13 | Department of Agriculture, to be deposited into the | ||||||
| 14 | Cannabis Regulation Fund; | ||||||
| 15 | (2) the legal name of the infuser; | ||||||
| 16 | (3) the proposed physical address of the infuser; | ||||||
| 17 | (4) the name, address, social security number, and date | ||||||
| 18 | of birth of each principal officer and board member of the | ||||||
| 19 | infuser; each principal officer and board member shall be | ||||||
| 20 | at least 21 years of age; | ||||||
| 21 | (5) the details of any administrative or judicial | ||||||
| 22 | proceeding in which any of the principal officers or board | ||||||
| 23 | members of the infuser (i) pled guilty, were convicted, | ||||||
| 24 | fined, or had a registration or license suspended or | ||||||
| 25 | revoked, or (ii) managed or served on the board of a | ||||||
| |||||||
| |||||||
| 1 | business or non-profit organization that pled guilty, was | ||||||
| 2 | convicted, fined, or had a registration or license | ||||||
| 3 | suspended or revoked; | ||||||
| 4 | (6) proposed operating bylaws that include procedures | ||||||
| 5 | for the oversight of the infuser, including the development | ||||||
| 6 | and implementation of a plant monitoring system, accurate | ||||||
| 7 | recordkeeping, staffing plan, and security plan approved | ||||||
| 8 | by the Illinois Department of State Police that are in | ||||||
| 9 | accordance with the rules issued by the Department of | ||||||
| 10 | Agriculture under this Act; a physical inventory of all | ||||||
| 11 | cannabis shall be performed on a weekly basis by the | ||||||
| 12 | infuser; | ||||||
| 13 | (7) verification from the Illinois Department of State | ||||||
| 14 | Police that all background checks of the prospective | ||||||
| 15 | principal officers, board members, and agents of the | ||||||
| 16 | infuser organization have been conducted; | ||||||
| 17 | (8) a copy of the current local zoning ordinance and | ||||||
| 18 | verification that the proposed infuser is in compliance | ||||||
| 19 | with the local zoning rules and distance limitations | ||||||
| 20 | established by the local jurisdiction; | ||||||
| 21 | (9) proposed employment practices, in which the | ||||||
| 22 | applicant must demonstrate a plan of action to inform, | ||||||
| 23 | hire, and educate minorities, women, veterans, and persons | ||||||
| 24 | with disabilities, engage in fair labor practices, and | ||||||
| 25 | provide worker protections; | ||||||
| 26 | (10) whether an applicant can demonstrate experience | ||||||
| |||||||
| |||||||
| 1 | in or business practices that promote economic empowerment | ||||||
| 2 | in Disproportionately Impacted Areas; | ||||||
| 3 | (11) experience with infusing products with cannabis | ||||||
| 4 | concentrate; | ||||||
| 5 | (12) a description of the enclosed, locked facility | ||||||
| 6 | where cannabis will be infused, packaged, or otherwise | ||||||
| 7 | prepared for distribution to a dispensing organization or | ||||||
| 8 | other infuser; | ||||||
| 9 | (13) processing, inventory, and packaging plans; | ||||||
| 10 | (14) a description of the applicant's experience with | ||||||
| 11 | operating a commercial kitchen or laboratory preparing | ||||||
| 12 | products for human consumption; | ||||||
| 13 | (15) a list of any academic degrees, certifications, or | ||||||
| 14 | relevant experience of all prospective principal officers, | ||||||
| 15 | board members, and agents of the related business; | ||||||
| 16 | (16) the identity of every person having a financial or | ||||||
| 17 | voting interest of 5% or greater in the infuser operation | ||||||
| 18 | with respect to which the license is sought, whether a | ||||||
| 19 | trust, corporation, partnership, limited liability | ||||||
| 20 | company, or sole proprietorship, including the name and | ||||||
| 21 | address of each person; | ||||||
| 22 | (17) a plan describing how the infuser will address | ||||||
| 23 | each of the following: | ||||||
| 24 | (i) energy needs, including estimates of monthly | ||||||
| 25 | electricity and gas usage, to what extent it will | ||||||
| 26 | procure energy from a local utility or from on-site | ||||||
| |||||||
| |||||||
| 1 | generation, and if it has or will adopt a sustainable | ||||||
| 2 | energy use and energy conservation policy; | ||||||
| 3 | (ii) water needs, including estimated water draw, | ||||||
| 4 | and if it has or will adopt a sustainable water use and | ||||||
| 5 | water conservation policy; and | ||||||
| 6 | (iii) waste management, including if it has or will | ||||||
| 7 | adopt a waste reduction policy; | ||||||
| 8 | (18) a recycling plan: | ||||||
| 9 | (A) a commitment that any recyclable waste | ||||||
| 10 | generated by the infuser shall be recycled per | ||||||
| 11 | applicable State and local laws, ordinances, and | ||||||
| 12 | rules; and
| ||||||
| 13 | (B) a commitment to comply with local waste | ||||||
| 14 | provisions. An infuser commits to remain in compliance | ||||||
| 15 | with applicable State and federal environmental | ||||||
| 16 | requirements, including, but not limited to, storing, | ||||||
| 17 | securing, and managing all recyclables and waste, | ||||||
| 18 | including organic waste composed of or containing | ||||||
| 19 | finished cannabis and cannabis products, in accordance | ||||||
| 20 | with applicable State and local laws, ordinances, and | ||||||
| 21 | rules; and | ||||||
| 22 | (19) any other information required by rule. | ||||||
| 23 | (b) Applicants must submit all required information, | ||||||
| 24 | including the information required in Section 35-15, to the | ||||||
| 25 | Department of Agriculture. Failure by an applicant to submit | ||||||
| 26 | all required information may result in the application being | ||||||
| |||||||
| |||||||
| 1 | disqualified. | ||||||
| 2 | (c) If the Department of Agriculture receives an | ||||||
| 3 | application with missing information, the Department of | ||||||
| 4 | Agriculture may issue a deficiency notice to the applicant. The | ||||||
| 5 | applicant shall have 10 calendar days from the date of the | ||||||
| 6 | deficiency notice to resubmit the incomplete information. | ||||||
| 7 | Applications that are still incomplete after this opportunity | ||||||
| 8 | to cure will not be scored and will be disqualified.
| ||||||
| 9 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 10 | (410 ILCS 705/35-25)
| ||||||
| 11 | Sec. 35-25. Infuser organization requirements; | ||||||
| 12 | prohibitions. | ||||||
| 13 | (a) The operating documents of an infuser shall include | ||||||
| 14 | procedures for the oversight of the infuser, an inventory | ||||||
| 15 | monitoring system including a physical inventory recorded | ||||||
| 16 | weekly, accurate recordkeeping, and a staffing plan. | ||||||
| 17 | (b) An infuser shall implement a security plan reviewed by | ||||||
| 18 | the Illinois Department of State Police that includes, but is | ||||||
| 19 | not limited to: facility access controls, perimeter intrusion | ||||||
| 20 | detection systems, personnel identification systems, and a | ||||||
| 21 | 24-hour surveillance system to monitor the interior and | ||||||
| 22 | exterior of the infuser facility and that is accessible to | ||||||
| 23 | authorized law enforcement, the Department of Public Health, | ||||||
| 24 | and the Department of Agriculture in real time. | ||||||
| 25 | (c) All processing of cannabis by an infuser must take | ||||||
| |||||||
| |||||||
| 1 | place in an enclosed, locked facility at the physical address | ||||||
| 2 | provided to the Department of Agriculture during the licensing | ||||||
| 3 | process. The infuser location shall only be accessed by the | ||||||
| 4 | agents working for the infuser, the Department of Agriculture | ||||||
| 5 | staff performing inspections, the Department of Public Health | ||||||
| 6 | staff performing inspections, State and local law enforcement | ||||||
| 7 | or other emergency personnel, contractors working on jobs | ||||||
| 8 | unrelated to cannabis, such as installing or maintaining | ||||||
| 9 | security devices or performing electrical wiring, transporting | ||||||
| 10 | organization agents as provided in this Act, participants in | ||||||
| 11 | the incubator program, individuals in a mentoring or | ||||||
| 12 | educational program approved by the State, local safety or | ||||||
| 13 | health inspectors, or other individuals as provided by rule. | ||||||
| 14 | However, if an infuser shares a premises with a craft grower or | ||||||
| 15 | dispensing organization, agents from these other licensees may | ||||||
| 16 | access the infuser portion of the premises if that is the | ||||||
| 17 | location of common bathrooms, lunchrooms, locker rooms, or | ||||||
| 18 | other areas of the building where processing of cannabis is not | ||||||
| 19 | performed. At no time may a craft grower or dispensing | ||||||
| 20 | organization agent perform work at an infuser without being a | ||||||
| 21 | registered agent of the infuser. | ||||||
| 22 | (d) An infuser may not sell or distribute any cannabis to | ||||||
| 23 | any person other than a dispensing organization, or as | ||||||
| 24 | otherwise authorized by rule. | ||||||
| 25 | (e) An infuser may not either directly or indirectly | ||||||
| 26 | discriminate in price between different cannabis business | ||||||
| |||||||
| |||||||
| 1 | establishments that are purchasing a like grade, strain, brand, | ||||||
| 2 | and quality of cannabis or cannabis-infused product. Nothing in | ||||||
| 3 | this subsection (e) prevents an infuser from pricing cannabis | ||||||
| 4 | differently based on differences in the cost of manufacturing | ||||||
| 5 | or processing, the quantities sold, such volume discounts, or | ||||||
| 6 | the way the products are delivered. | ||||||
| 7 | (f) All cannabis infused by an infuser and intended for | ||||||
| 8 | distribution to a dispensing organization must be entered into | ||||||
| 9 | a data collection system, packaged and labeled under Section | ||||||
| 10 | 55-21, and, if distribution is to a dispensing organization | ||||||
| 11 | that does not share a premises with the infuser, placed into a | ||||||
| 12 | cannabis container for transport. All cannabis produced by an | ||||||
| 13 | infuser and intended for distribution to a cultivation center, | ||||||
| 14 | infuser organization, or craft grower with which it does not | ||||||
| 15 | share a premises, must be packaged in a labeled cannabis | ||||||
| 16 | container and entered into a data collection system before | ||||||
| 17 | transport. | ||||||
| 18 | (g) Infusers are subject to random inspections by the | ||||||
| 19 | Department of Agriculture, the Department of Public Health, the | ||||||
| 20 | Illinois Department of State Police, and local law enforcement. | ||||||
| 21 | (h) An infuser agent shall notify local law enforcement, | ||||||
| 22 | the Illinois Department of State Police, and the Department of | ||||||
| 23 | Agriculture within 24 hours of the discovery of any loss or | ||||||
| 24 | theft. Notification shall be made by phone, in person, or by | ||||||
| 25 | written or electronic communication. | ||||||
| 26 | (i) An infuser organization may not be located in an area | ||||||
| |||||||
| |||||||
| 1 | zoned for residential use. | ||||||
| 2 | (j) An infuser or infuser agent shall not transport | ||||||
| 3 | cannabis or cannabis-infused products to any other cannabis | ||||||
| 4 | business establishment without a transport organization | ||||||
| 5 | license unless: | ||||||
| 6 | (i) If the infuser is located in a county with a | ||||||
| 7 | population of 3,000,000 or more, the cannabis business | ||||||
| 8 | establishment receiving the cannabis or cannabis-infused | ||||||
| 9 | product is within 2,000 feet of the property line of the | ||||||
| 10 | infuser; | ||||||
| 11 | (ii) If the infuser is located in a county with a | ||||||
| 12 | population of more than 700,000 but fewer than 3,000,000, | ||||||
| 13 | the cannabis business establishment receiving the cannabis | ||||||
| 14 | or cannabis-infused product is within 2 miles of the | ||||||
| 15 | infuser; or | ||||||
| 16 | (iii) If the infuser is located in a county with a | ||||||
| 17 | population of fewer than 700,000, the cannabis business | ||||||
| 18 | establishment receiving the cannabis or cannabis-infused | ||||||
| 19 | product is within 15 miles of the infuser. | ||||||
| 20 | (k) An infuser may enter into a contract with a | ||||||
| 21 | transporting organization to transport cannabis to a | ||||||
| 22 | dispensing organization or a laboratory. | ||||||
| 23 | (l) An infuser organization may share premises with a craft | ||||||
| 24 | grower or a dispensing organization, or both, provided each | ||||||
| 25 | licensee stores currency and cannabis or cannabis-infused | ||||||
| 26 | products in a separate secured vault to which the other | ||||||
| |||||||
| |||||||
| 1 | licensee does not have access or all licensees sharing a vault | ||||||
| 2 | share more than 50% of the same ownership. | ||||||
| 3 | (m) It is unlawful for any person or entity having an | ||||||
| 4 | infuser organization license or any officer, associate, | ||||||
| 5 | member, representative or agent of such licensee to offer or | ||||||
| 6 | deliver money, or anything else of value, directly or | ||||||
| 7 | indirectly to any person having an Early Approval Adult Use | ||||||
| 8 | Dispensing Organization License, a Conditional Adult Use | ||||||
| 9 | Dispensing Organization License, an Adult Use Dispensing | ||||||
| 10 | Organization License, or a medical cannabis dispensing | ||||||
| 11 | organization license issued under the Compassionate Use of | ||||||
| 12 | Medical Cannabis Program Act, or to any person connected with | ||||||
| 13 | or in any way representing, or to any member of the family of, | ||||||
| 14 | such person holding an Early Approval Adult Use Dispensing | ||||||
| 15 | Organization License, a Conditional Adult Use Dispensing | ||||||
| 16 | Organization License, an Adult Use Dispensing Organization | ||||||
| 17 | License, or a medical cannabis dispensing organization license | ||||||
| 18 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
| 19 | Act, or to any stockholders in any corporation engaged the | ||||||
| 20 | retail sales of cannabis, or to any officer, manager, agent, or | ||||||
| 21 | representative of the Early Approval Adult Use Dispensing | ||||||
| 22 | Organization License, a Conditional Adult Use Dispensing | ||||||
| 23 | Organization License, an Adult Use Dispensing Organization | ||||||
| 24 | License, or a medical cannabis dispensing organization license | ||||||
| 25 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
| 26 | Act to obtain preferential placement within the dispensing | ||||||
| |||||||
| |||||||
| 1 | organization, including, without limitation, on shelves and in | ||||||
| 2 | display cases where purchasers can view products, or on the | ||||||
| 3 | dispensing organization's website. | ||||||
| 4 | (n) At no time shall an infuser organization or an infuser | ||||||
| 5 | agent perform the extraction of cannabis concentrate from | ||||||
| 6 | cannabis flower.
| ||||||
| 7 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 8 | (410 ILCS 705/35-30)
| ||||||
| 9 | Sec. 35-30. Infuser agent identification card. | ||||||
| 10 | (a) The Department of Agriculture shall: | ||||||
| 11 | (1) establish by rule the information required in an | ||||||
| 12 | initial application or renewal application for an agent | ||||||
| 13 | identification card submitted under this Act and the | ||||||
| 14 | nonrefundable fee to accompany the initial application or | ||||||
| 15 | renewal application; | ||||||
| 16 | (2) verify the information contained in an initial | ||||||
| 17 | application or renewal application for an agent | ||||||
| 18 | identification card submitted under this Act, and approve | ||||||
| 19 | or deny an application within 30 days of receiving a | ||||||
| 20 | completed initial application or renewal application and | ||||||
| 21 | all supporting documentation required by rule; | ||||||
| 22 | (3) issue an agent identification card to a qualifying | ||||||
| 23 | agent within 15 business days of approving the initial | ||||||
| 24 | application or renewal application; | ||||||
| 25 | (4) enter the license number of the infuser where the | ||||||
| |||||||
| |||||||
| 1 | agent works; and | ||||||
| 2 | (5) allow for an electronic initial application and | ||||||
| 3 | renewal application process, and provide a confirmation by | ||||||
| 4 | electronic or other methods that an application has been | ||||||
| 5 | submitted. The Department of Agriculture may by rule | ||||||
| 6 | require prospective agents to file their applications by | ||||||
| 7 | electronic means and provide notices to the agents by | ||||||
| 8 | electronic means. | ||||||
| 9 | (b) An agent must keep his or her identification card | ||||||
| 10 | visible at all times when on the property of a cannabis | ||||||
| 11 | business establishment including the cannabis business | ||||||
| 12 | establishment for which he or she is an agent. | ||||||
| 13 | (c) The agent identification cards shall contain the | ||||||
| 14 | following: | ||||||
| 15 | (1) the name of the cardholder; | ||||||
| 16 | (2) the date of issuance and expiration date of the | ||||||
| 17 | identification card; | ||||||
| 18 | (3) a random 10-digit alphanumeric identification | ||||||
| 19 | number containing at least 4 numbers and at least 4 letters | ||||||
| 20 | that is unique to the holder; | ||||||
| 21 | (4) a photograph of the cardholder; and | ||||||
| 22 | (5) the legal name of the infuser organization | ||||||
| 23 | employing the agent. | ||||||
| 24 | (d) An agent identification card shall be immediately | ||||||
| 25 | returned to the infuser organization of the agent upon | ||||||
| 26 | termination of his or her employment. | ||||||
| |||||||
| |||||||
| 1 | (e) Any agent identification card lost by a transporting | ||||||
| 2 | agent shall be reported to the Illinois Department of State | ||||||
| 3 | Police and the Department of Agriculture immediately upon | ||||||
| 4 | discovery of the loss.
| ||||||
| 5 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 6 | (410 ILCS 705/40-10)
| ||||||
| 7 | Sec. 40-10. Application. | ||||||
| 8 | (a) When applying for a transporting organization license, | ||||||
| 9 | the applicant shall submit the following in such form as the | ||||||
| 10 | Department of Agriculture may direct: | ||||||
| 11 | (1) the nonrefundable application fee of $5,000 or, | ||||||
| 12 | after January 1, 2021, another amount as set by rule by the | ||||||
| 13 | Department of Agriculture, to be deposited into the | ||||||
| 14 | Cannabis Regulation Fund; | ||||||
| 15 | (2) the legal name of the transporting organization; | ||||||
| 16 | (3) the proposed physical address of the transporting | ||||||
| 17 | organization, if one is proposed; | ||||||
| 18 | (4) the name, address, social security number, and date | ||||||
| 19 | of birth of each principal officer and board member of the | ||||||
| 20 | transporting organization; each principal officer and | ||||||
| 21 | board member shall be at least 21 years of age; | ||||||
| 22 | (5) the details of any administrative or judicial | ||||||
| 23 | proceeding in which any of the principal officers or board | ||||||
| 24 | members of the transporting organization (i) pled guilty, | ||||||
| 25 | were convicted, fined, or had a registration or license | ||||||
| |||||||
| |||||||
| 1 | suspended or revoked, or (ii) managed or served on the | ||||||
| 2 | board of a business or non-profit organization that pled | ||||||
| 3 | guilty, was convicted, fined, or had a registration or | ||||||
| 4 | license suspended or revoked; | ||||||
| 5 | (6) proposed operating bylaws that include procedures | ||||||
| 6 | for the oversight of the transporting organization, | ||||||
| 7 | including the development and implementation of an | ||||||
| 8 | accurate recordkeeping plan, staffing plan, and security | ||||||
| 9 | plan approved by the Illinois Department of State Police | ||||||
| 10 | that are in accordance with the rules issued by the | ||||||
| 11 | Department of Agriculture under this Act; a physical | ||||||
| 12 | inventory shall be performed of all cannabis on a weekly | ||||||
| 13 | basis by the transporting organization; | ||||||
| 14 | (7) verification from the Illinois Department of State | ||||||
| 15 | Police that all background checks of the prospective | ||||||
| 16 | principal officers, board members, and agents of the | ||||||
| 17 | transporting organization have been conducted; | ||||||
| 18 | (8) a copy of the current local zoning ordinance or | ||||||
| 19 | permit and verification that the proposed transporting | ||||||
| 20 | organization is in compliance with the local zoning rules | ||||||
| 21 | and distance limitations established by the local | ||||||
| 22 | jurisdiction, if the transporting organization has a | ||||||
| 23 | business address; | ||||||
| 24 | (9) proposed employment practices, in which the | ||||||
| 25 | applicant must demonstrate a plan of action to inform, | ||||||
| 26 | hire, and educate minorities, women, veterans, and persons | ||||||
| |||||||
| |||||||
| 1 | with disabilities, engage in fair labor practices, and | ||||||
| 2 | provide worker protections; | ||||||
| 3 | (10) whether an applicant can demonstrate experience | ||||||
| 4 | in or business practices that promote economic empowerment | ||||||
| 5 | in Disproportionately Impacted Areas; | ||||||
| 6 | (11) the number and type of equipment the transporting | ||||||
| 7 | organization will use to transport cannabis and | ||||||
| 8 | cannabis-infused products; | ||||||
| 9 | (12) loading, transporting, and unloading plans; | ||||||
| 10 | (13) a description of the applicant's experience in the | ||||||
| 11 | distribution or security business; | ||||||
| 12 | (14) the identity of every person having a financial or | ||||||
| 13 | voting interest of 5% or more in the transporting | ||||||
| 14 | organization with respect to which the license is sought, | ||||||
| 15 | whether a trust, corporation, partnership, limited | ||||||
| 16 | liability company, or sole proprietorship, including the | ||||||
| 17 | name and address of each person; and | ||||||
| 18 | (15) any other information required by rule. | ||||||
| 19 | (b) Applicants must submit all required information, | ||||||
| 20 | including the information required in Section 40-35 to the | ||||||
| 21 | Department. Failure by an applicant to submit all required | ||||||
| 22 | information may result in the application being disqualified. | ||||||
| 23 | (c) If the Department receives an application with missing | ||||||
| 24 | information, the Department of Agriculture may issue a | ||||||
| 25 | deficiency notice to the applicant. The applicant shall have 10 | ||||||
| 26 | calendar days from the date of the deficiency notice to | ||||||
| |||||||
| |||||||
| 1 | resubmit the incomplete information. Applications that are | ||||||
| 2 | still incomplete after this opportunity to cure will not be | ||||||
| 3 | scored and will be disqualified.
| ||||||
| 4 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 5 | (410 ILCS 705/40-25)
| ||||||
| 6 | Sec. 40-25. Transporting organization requirements; | ||||||
| 7 | prohibitions. | ||||||
| 8 | (a) The operating documents of a transporting organization | ||||||
| 9 | shall include procedures for the oversight of the transporter, | ||||||
| 10 | an inventory monitoring system including a physical inventory | ||||||
| 11 | recorded weekly, accurate recordkeeping, and a staffing plan. | ||||||
| 12 | (b) A transporting organization may not transport cannabis | ||||||
| 13 | or cannabis-infused products to any person other than a | ||||||
| 14 | cultivation center, a craft grower, an infuser organization, a | ||||||
| 15 | dispensing organization, a testing facility, or as otherwise | ||||||
| 16 | authorized by rule. | ||||||
| 17 | (c) All cannabis transported by a transporting | ||||||
| 18 | organization must be entered into a data collection system and | ||||||
| 19 | placed into a cannabis container for transport. | ||||||
| 20 | (d) Transporters are subject to random inspections by the | ||||||
| 21 | Department of Agriculture, the Department of Public Health, and | ||||||
| 22 | the Illinois Department of State Police. | ||||||
| 23 | (e) A transporting organization agent shall notify local | ||||||
| 24 | law enforcement, the Illinois Department of State Police, and | ||||||
| 25 | the Department of Agriculture within 24 hours of the discovery | ||||||
| |||||||
| |||||||
| 1 | of any loss or theft. Notification shall be made by phone, in | ||||||
| 2 | person, or by written or electronic communication. | ||||||
| 3 | (f) No person under the age of 21 years shall be in a | ||||||
| 4 | commercial vehicle or trailer transporting cannabis goods. | ||||||
| 5 | (g) No person or individual who is not a transporting | ||||||
| 6 | organization agent shall be in a vehicle while transporting | ||||||
| 7 | cannabis goods. | ||||||
| 8 | (h) Transporters may not use commercial motor vehicles with | ||||||
| 9 | a weight rating of over 10,001 pounds. | ||||||
| 10 | (i) It is unlawful for any person to offer or deliver | ||||||
| 11 | money, or anything else of value, directly or indirectly, to | ||||||
| 12 | any of the following persons to obtain preferential placement | ||||||
| 13 | within the dispensing organization, including, without | ||||||
| 14 | limitation, on shelves and in display cases where purchasers | ||||||
| 15 | can view products, or on the dispensing organization's website: | ||||||
| 16 | (1) a person having a transporting organization | ||||||
| 17 | license, or any officer, associate, member, | ||||||
| 18 | representative, or agent of the licensee; | ||||||
| 19 | (2) a person having an Early Applicant Adult Use | ||||||
| 20 | Dispensing Organization License, an Adult Use Dispensing | ||||||
| 21 | Organization License, or a medical cannabis dispensing | ||||||
| 22 | organization license issued under the Compassionate Use of | ||||||
| 23 | Medical Cannabis Program Act; | ||||||
| 24 | (3) a person connected with or in any way representing, | ||||||
| 25 | or a member of the family of, a person holding an Early | ||||||
| 26 | Applicant Adult Use Dispensing Organization License, an | ||||||
| |||||||
| |||||||
| 1 | Adult Use Dispensing Organization License, or a medical | ||||||
| 2 | cannabis dispensing organization license issued under the | ||||||
| 3 | Compassionate Use of Medical Cannabis Program Act; or | ||||||
| 4 | (4) a stockholder, officer, manager, agent, or | ||||||
| 5 | representative of a corporation engaged in the retail sale | ||||||
| 6 | of cannabis, an Early Applicant Adult Use Dispensing | ||||||
| 7 | Organization License, an Adult Use Dispensing Organization | ||||||
| 8 | License, or a medical cannabis dispensing organization | ||||||
| 9 | license issued under the Compassionate Use of Medical | ||||||
| 10 | Cannabis Program Act. | ||||||
| 11 | (j) A transporting organization agent must keep his or her | ||||||
| 12 | identification card visible at all times when on the property | ||||||
| 13 | of a cannabis business establishment and during the | ||||||
| 14 | transporting of cannabis when acting under his or her duties as | ||||||
| 15 | a transportation organization agent. During these times, the | ||||||
| 16 | transporting organization agent must also provide the | ||||||
| 17 | identification card upon request of any law enforcement officer | ||||||
| 18 | engaged in his or her official duties. | ||||||
| 19 | (k) A copy of the transporting organization's registration | ||||||
| 20 | and a manifest for the delivery shall be present in any vehicle | ||||||
| 21 | transporting cannabis. | ||||||
| 22 | (l) Cannabis shall be transported so it is not visible or | ||||||
| 23 | recognizable from outside the vehicle. | ||||||
| 24 | (m) A vehicle transporting cannabis must not bear any | ||||||
| 25 | markings to indicate the vehicle contains
cannabis or bear the | ||||||
| 26 | name or logo of the cannabis business establishment. | ||||||
| |||||||
| |||||||
| 1 | (n) Cannabis must be transported in an enclosed, locked | ||||||
| 2 | storage compartment that is secured or affixed to the vehicle. | ||||||
| 3 | (o) The Department of Agriculture may, by rule, impose any | ||||||
| 4 | other requirements or prohibitions on the transportation of | ||||||
| 5 | cannabis.
| ||||||
| 6 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 7 | (410 ILCS 705/40-30)
| ||||||
| 8 | Sec. 40-30. Transporting agent identification card. | ||||||
| 9 | (a) The Department of Agriculture shall: | ||||||
| 10 | (1) establish by rule the information required in an | ||||||
| 11 | initial application or renewal application for an agent | ||||||
| 12 | identification card submitted under this Act and the | ||||||
| 13 | nonrefundable fee to accompany the initial application or | ||||||
| 14 | renewal application; | ||||||
| 15 | (2) verify the information contained in an initial | ||||||
| 16 | application or renewal application for an agent | ||||||
| 17 | identification card submitted under this Act and approve or | ||||||
| 18 | deny an application within 30 days of receiving a completed | ||||||
| 19 | initial application or renewal application and all | ||||||
| 20 | supporting documentation required by rule; | ||||||
| 21 | (3) issue an agent identification card to a qualifying | ||||||
| 22 | agent within 15 business days of approving the initial | ||||||
| 23 | application or renewal application; | ||||||
| 24 | (4) enter the license number of the transporting | ||||||
| 25 | organization where the agent works; and | ||||||
| |||||||
| |||||||
| 1 | (5) allow for an electronic initial application and | ||||||
| 2 | renewal application process, and provide a confirmation by | ||||||
| 3 | electronic or other methods that an application has been | ||||||
| 4 | submitted. The Department of Agriculture may by rule | ||||||
| 5 | require prospective agents to file their applications by | ||||||
| 6 | electronic means and provide notices to the agents by | ||||||
| 7 | electronic means. | ||||||
| 8 | (b) An agent must keep his or her identification card | ||||||
| 9 | visible at all times when on the property of a cannabis | ||||||
| 10 | business establishment, including the cannabis business | ||||||
| 11 | establishment for which he or she is an agent. | ||||||
| 12 | (c) The agent identification cards shall contain the | ||||||
| 13 | following: | ||||||
| 14 | (1) the name of the cardholder; | ||||||
| 15 | (2) the date of issuance and expiration date of the | ||||||
| 16 | identification card; | ||||||
| 17 | (3) a random 10-digit alphanumeric identification | ||||||
| 18 | number containing at least 4 numbers and at least 4 letters | ||||||
| 19 | that is unique to the holder; | ||||||
| 20 | (4) a photograph of the cardholder; and | ||||||
| 21 | (5) the legal name of the transporting organization | ||||||
| 22 | employing the agent. | ||||||
| 23 | (d) An agent identification card shall be immediately | ||||||
| 24 | returned to the transporting organization of the agent upon | ||||||
| 25 | termination of his or her employment. | ||||||
| 26 | (e) Any agent identification card lost by a transporting | ||||||
| |||||||
| |||||||
| 1 | agent shall be reported to the Illinois Department of State | ||||||
| 2 | Police and the Department of Agriculture immediately upon | ||||||
| 3 | discovery of the loss. | ||||||
| 4 | (f) An application for an agent identification card shall | ||||||
| 5 | be denied if the applicant is delinquent in filing any required | ||||||
| 6 | tax returns or paying any amounts owed to the State of | ||||||
| 7 | Illinois.
| ||||||
| 8 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 9 | (410 ILCS 705/40-35)
| ||||||
| 10 | Sec. 40-35. Transporting organization background checks. | ||||||
| 11 | (a) Through the Illinois Department of State Police, the | ||||||
| 12 | Department of Agriculture shall conduct a background check of | ||||||
| 13 | the prospective principal officers, board members, and agents | ||||||
| 14 | of a transporter applying for a license or identification card | ||||||
| 15 | under this Act. The Illinois Department of State Police shall | ||||||
| 16 | charge a fee set by rule for conducting the criminal history | ||||||
| 17 | record check, which shall be deposited into the State Police | ||||||
| 18 | Services Fund and shall not exceed the actual cost of the | ||||||
| 19 | record check. In order to carry out this provision, each | ||||||
| 20 | transporting organization's prospective principal officer, | ||||||
| 21 | board member, or agent shall submit a full set of fingerprints | ||||||
| 22 | to the Illinois Department of State Police for the purpose of | ||||||
| 23 | obtaining a State and federal criminal records check. These | ||||||
| 24 | fingerprints shall be checked against the fingerprint records | ||||||
| 25 | now and hereafter, to the extent allowed by law, filed in the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police and Federal Bureau of | ||||||
| 2 | Investigation criminal history records databases. The Illinois | ||||||
| 3 | Department of State Police shall furnish, following positive | ||||||
| 4 | identification, all conviction information to the Department | ||||||
| 5 | of Agriculture. | ||||||
| 6 | (b) When applying for the initial license or identification | ||||||
| 7 | card, the background checks for all prospective principal | ||||||
| 8 | officers, board members, and agents shall be completed before | ||||||
| 9 | submitting the application to the Department of Agriculture.
| ||||||
| 10 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 11 | (410 ILCS 705/55-15)
| ||||||
| 12 | Sec. 55-15. Destruction of cannabis. | ||||||
| 13 | (a) All cannabis byproduct, scrap, and harvested cannabis | ||||||
| 14 | not intended for distribution to a dispensing organization must | ||||||
| 15 | be destroyed and disposed of under rules adopted by the | ||||||
| 16 | Department of Agriculture under this Act. Documentation of | ||||||
| 17 | destruction and disposal shall be retained at the cultivation | ||||||
| 18 | center, craft grower, infuser organization, transporter, or | ||||||
| 19 | testing facility as applicable for a period of not less than 5 | ||||||
| 20 | years. | ||||||
| 21 | (b) A cultivation center, craft grower, or infuser | ||||||
| 22 | organization shall, before destruction, notify the Department | ||||||
| 23 | of Agriculture and the Illinois Department of State Police. A | ||||||
| 24 | dispensing organization shall, before destruction, notify the | ||||||
| 25 | Department of Financial and Professional Regulation and the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police. The Department of | ||||||
| 2 | Agriculture may by rule require that an employee of the | ||||||
| 3 | Department of Agriculture or the Department of Financial and | ||||||
| 4 | Professional Regulation be present during the destruction of | ||||||
| 5 | any cannabis byproduct, scrap, and harvested cannabis, as | ||||||
| 6 | applicable. | ||||||
| 7 | (c) The cultivation center, craft grower, infuser | ||||||
| 8 | organization, or dispensing organization shall keep a record of | ||||||
| 9 | the date of destruction and how much was destroyed. | ||||||
| 10 | (d) A dispensing organization shall destroy all cannabis, | ||||||
| 11 | including cannabis-infused products, not sold to purchasers. | ||||||
| 12 | Documentation of destruction and disposal shall be retained at | ||||||
| 13 | the dispensing organization for a period of not less than 5 | ||||||
| 14 | years.
| ||||||
| 15 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 16 | (410 ILCS 705/55-30)
| ||||||
| 17 | Sec. 55-30. Confidentiality. | ||||||
| 18 | (a) Information provided by the cannabis business | ||||||
| 19 | establishment licensees or applicants to the Department of | ||||||
| 20 | Agriculture, the Department of Public Health, the Department of | ||||||
| 21 | Financial and Professional Regulation, the Department of | ||||||
| 22 | Commerce and Economic Opportunity, or other agency shall be | ||||||
| 23 | limited to information necessary for the purposes of | ||||||
| 24 | administering this Act. The information is subject to the | ||||||
| 25 | provisions and limitations contained in the Freedom of | ||||||
| |||||||
| |||||||
| 1 | Information Act and may be disclosed in accordance with Section | ||||||
| 2 | 55-65. | ||||||
| 3 | (b) The following information received and records kept by | ||||||
| 4 | the Department of Agriculture, the Department of Public Health, | ||||||
| 5 | the Illinois Department of State Police, and the Department of | ||||||
| 6 | Financial and Professional Regulation for purposes of | ||||||
| 7 | administering this Article are subject to all applicable | ||||||
| 8 | federal privacy laws, are confidential and exempt from | ||||||
| 9 | disclosure under the Freedom of Information Act, except as | ||||||
| 10 | provided in this Act, and not subject to disclosure to any | ||||||
| 11 | individual or public or private entity, except to the | ||||||
| 12 | Department of Financial and Professional Regulation, the | ||||||
| 13 | Department of Agriculture, the Department of Public Health, and | ||||||
| 14 | the Illinois Department of State Police as necessary to perform | ||||||
| 15 | official duties under this Article and to the Attorney General | ||||||
| 16 | as necessary to enforce the provisions of this Act. The | ||||||
| 17 | following information received and kept by the Department of | ||||||
| 18 | Financial and Professional Regulation or the Department of | ||||||
| 19 | Agriculture may be disclosed to the Department of Public | ||||||
| 20 | Health, the Department of Agriculture, the Department of | ||||||
| 21 | Revenue, the Illinois Department of State Police, or the | ||||||
| 22 | Attorney General upon proper request: | ||||||
| 23 | (1) Applications and renewals, their contents, and | ||||||
| 24 | supporting information submitted by or on behalf of | ||||||
| 25 | dispensing organizations in compliance with this Article, | ||||||
| 26 | including their physical addresses; | ||||||
| |||||||
| |||||||
| 1 | (2) Any plans, procedures, policies, or other records | ||||||
| 2 | relating to dispensing organization security; and | ||||||
| 3 | (3) Information otherwise exempt from disclosure by | ||||||
| 4 | State or federal law. | ||||||
| 5 | Illinois or national criminal history record information, | ||||||
| 6 | or the nonexistence or lack of such information, may not be | ||||||
| 7 | disclosed by the Department of Financial and Professional | ||||||
| 8 | Regulation or the Department of Agriculture, except as | ||||||
| 9 | necessary to the Attorney General to enforce this Act. | ||||||
| 10 | (c) The name and address of a dispensing organization | ||||||
| 11 | licensed under this Act shall be subject to disclosure under | ||||||
| 12 | the Freedom of Information Act. The name and cannabis business | ||||||
| 13 | establishment address of the person or entity holding each | ||||||
| 14 | cannabis business establishment license shall be subject to | ||||||
| 15 | disclosure. | ||||||
| 16 | (d) All information collected by the Department of | ||||||
| 17 | Financial and Professional Regulation in the course of an | ||||||
| 18 | examination, inspection, or investigation of a licensee or | ||||||
| 19 | applicant, including, but not limited to, any complaint against | ||||||
| 20 | a licensee or applicant filed with the Department and | ||||||
| 21 | information collected to investigate any such complaint, shall | ||||||
| 22 | be maintained for the confidential use of the Department and | ||||||
| 23 | shall not be disclosed, except as otherwise provided in this | ||||||
| 24 | Act. A formal complaint against a licensee by the Department or | ||||||
| 25 | any disciplinary order issued by the Department against a | ||||||
| 26 | licensee or applicant shall be a public record, except as | ||||||
| |||||||
| |||||||
| 1 | otherwise provided by law. Complaints from consumers or members | ||||||
| 2 | of the general public received regarding a specific, named | ||||||
| 3 | licensee or complaints regarding conduct by unlicensed | ||||||
| 4 | entities shall be subject to disclosure under the Freedom of | ||||||
| 5 | Information Act. | ||||||
| 6 | (e) The Department of Agriculture, the Illinois Department | ||||||
| 7 | of State Police, and the Department of Financial and | ||||||
| 8 | Professional Regulation shall not share or disclose any | ||||||
| 9 | Illinois or national criminal history record information, or | ||||||
| 10 | the nonexistence or lack of such information, to any person or | ||||||
| 11 | entity not expressly authorized by this Act. | ||||||
| 12 | (f) Each Department responsible for licensure under this | ||||||
| 13 | Act shall publish on the Department's website a list of the | ||||||
| 14 | ownership information of cannabis business establishment | ||||||
| 15 | licensees under the Department's jurisdiction. The list shall | ||||||
| 16 | include, but is not limited to: the name of the person or | ||||||
| 17 | entity holding each cannabis business establishment license; | ||||||
| 18 | and the address at which the entity is operating under this | ||||||
| 19 | Act. This list shall be published and updated monthly.
| ||||||
| 20 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 21 | (410 ILCS 705/55-35)
| ||||||
| 22 | Sec. 55-35. Administrative rulemaking. | ||||||
| 23 | (a) No later than 180 days after the effective date of this | ||||||
| 24 | Act, the Department of Agriculture, the Illinois Department of | ||||||
| 25 | State Police, the Department of Financial and Professional | ||||||
| |||||||
| |||||||
| 1 | Regulation, the Department of Revenue, the Department of | ||||||
| 2 | Commerce and Economic Opportunity, and the Treasurer's Office | ||||||
| 3 | shall adopt permanent rules in accordance with their | ||||||
| 4 | responsibilities under this Act. The Department of | ||||||
| 5 | Agriculture, the Illinois Department of State Police, the | ||||||
| 6 | Department of Financial and Professional Regulation, the | ||||||
| 7 | Department of Revenue, and the Department of Commerce and | ||||||
| 8 | Economic Opportunity may adopt rules necessary to regulate | ||||||
| 9 | personal cannabis use through the use of emergency rulemaking | ||||||
| 10 | in accordance with subsection (gg) of Section 5-45 of the | ||||||
| 11 | Illinois Administrative Procedure Act. The General Assembly | ||||||
| 12 | finds that the adoption of rules to regulate cannabis use is | ||||||
| 13 | deemed an emergency and necessary for the public interest, | ||||||
| 14 | safety, and welfare. | ||||||
| 15 | (b) The Department of Agriculture rules may address, but | ||||||
| 16 | are not limited to, the following matters related to | ||||||
| 17 | cultivation centers, craft growers, infuser organizations, and | ||||||
| 18 | transporting organizations with the goal of protecting against | ||||||
| 19 | diversion and theft, without imposing an undue burden on the | ||||||
| 20 | cultivation centers, craft growers, infuser organizations, or | ||||||
| 21 | transporting organizations: | ||||||
| 22 | (1) oversight requirements for cultivation centers, | ||||||
| 23 | craft growers, infuser organizations, and transporting | ||||||
| 24 | organizations; | ||||||
| 25 | (2) recordkeeping requirements for cultivation | ||||||
| 26 | centers, craft growers, infuser organizations, and | ||||||
| |||||||
| |||||||
| 1 | transporting organizations; | ||||||
| 2 | (3) security requirements for cultivation centers, | ||||||
| 3 | craft growers, infuser organizations, and transporting | ||||||
| 4 | organizations, which shall include that each cultivation | ||||||
| 5 | center, craft grower, infuser organization, and | ||||||
| 6 | transporting organization location must be protected by a | ||||||
| 7 | fully operational security alarm system; | ||||||
| 8 | (4) standards for enclosed, locked facilities under | ||||||
| 9 | this Act; | ||||||
| 10 | (5) procedures for suspending or revoking the | ||||||
| 11 | identification cards of agents of cultivation centers, | ||||||
| 12 | craft growers, infuser organizations, and transporting | ||||||
| 13 | organizations that commit violations of this Act or the | ||||||
| 14 | rules adopted under this Section; | ||||||
| 15 | (6) rules concerning the intrastate transportation of | ||||||
| 16 | cannabis from a cultivation center, craft grower, infuser | ||||||
| 17 | organization, and transporting organization to a | ||||||
| 18 | dispensing organization; | ||||||
| 19 | (7) standards concerning the testing, quality, | ||||||
| 20 | cultivation, and processing of cannabis; and | ||||||
| 21 | (8) any other matters under oversight by the Department | ||||||
| 22 | of Agriculture as are necessary for the fair, impartial, | ||||||
| 23 | stringent, and comprehensive administration of this Act. | ||||||
| 24 | (c) The Department of Financial and Professional | ||||||
| 25 | Regulation rules may address, but are not limited to, the | ||||||
| 26 | following matters related to dispensing organizations, with | ||||||
| |||||||
| |||||||
| 1 | the goal of protecting against diversion and theft, without | ||||||
| 2 | imposing an undue burden on the dispensing organizations: | ||||||
| 3 | (1) oversight requirements for dispensing | ||||||
| 4 | organizations; | ||||||
| 5 | (2) recordkeeping requirements for dispensing | ||||||
| 6 | organizations; | ||||||
| 7 | (3) security requirements for dispensing | ||||||
| 8 | organizations, which shall include that each dispensing | ||||||
| 9 | organization location must be protected by a fully | ||||||
| 10 | operational security alarm system; | ||||||
| 11 | (4) procedures for suspending or revoking the licenses | ||||||
| 12 | of dispensing organization agents that commit violations | ||||||
| 13 | of this Act or the rules adopted under this Act; | ||||||
| 14 | (5) any other matters under oversight by the Department | ||||||
| 15 | of Financial and Professional Regulation that are | ||||||
| 16 | necessary for the fair, impartial, stringent, and | ||||||
| 17 | comprehensive administration of this Act. | ||||||
| 18 | (d) The Department of Revenue rules may address, but are | ||||||
| 19 | not limited to, the following matters related to the payment of | ||||||
| 20 | taxes by cannabis business establishments: | ||||||
| 21 | (1) recording of sales; | ||||||
| 22 | (2) documentation of taxable income and expenses; | ||||||
| 23 | (3) transfer of funds for the payment of taxes; or | ||||||
| 24 | (4) any other matter under the oversight of the | ||||||
| 25 | Department of Revenue. | ||||||
| 26 | (e) The Department of Commerce and Economic Opportunity | ||||||
| |||||||
| |||||||
| 1 | rules may address, but are not limited to, a loan program or | ||||||
| 2 | grant program to assist Social Equity Applicants access the | ||||||
| 3 | capital needed to start a cannabis business establishment. The | ||||||
| 4 | names of recipients and the amounts of any moneys received | ||||||
| 5 | through a loan program or grant program shall be a public | ||||||
| 6 | record. | ||||||
| 7 | (f) The Illinois Department of State Police rules may | ||||||
| 8 | address enforcement of its authority under this Act. The | ||||||
| 9 | Illinois Department of State Police shall not make rules that | ||||||
| 10 | infringe on the exclusive authority of the Department of | ||||||
| 11 | Financial and Professional Regulation or the Department of | ||||||
| 12 | Agriculture over licensees under this Act. | ||||||
| 13 | (g) The Department of Human Services shall develop and | ||||||
| 14 | disseminate: | ||||||
| 15 | (1) educational information about the health risks | ||||||
| 16 | associated with the use of cannabis; and | ||||||
| 17 | (2) one or more public education campaigns in | ||||||
| 18 | coordination with local health departments and community | ||||||
| 19 | organizations, including one or more prevention campaigns | ||||||
| 20 | directed at children, adolescents, parents, and pregnant | ||||||
| 21 | or breastfeeding women, to inform them of the potential | ||||||
| 22 | health risks associated with intentional or unintentional | ||||||
| 23 | cannabis use.
| ||||||
| 24 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 25 | (410 ILCS 705/55-40)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 55-40. Enforcement. | ||||||
| 2 | (a) If the Department of Agriculture, Illinois Department | ||||||
| 3 | of State Police, Department of Financial and Professional | ||||||
| 4 | Regulation, Department of Commerce and Economic Opportunity, | ||||||
| 5 | or Department of Revenue fails to adopt rules to implement this | ||||||
| 6 | Act within the times provided in this Act, any citizen may | ||||||
| 7 | commence a mandamus action in the circuit court to compel the | ||||||
| 8 | agencies to perform the actions mandated under Section 55-35. | ||||||
| 9 | (b) If the Department of Agriculture or the Department of | ||||||
| 10 | Financial and Professional Regulation fails to issue a valid | ||||||
| 11 | agent identification card in response to a valid initial | ||||||
| 12 | application or renewal application submitted under this Act or | ||||||
| 13 | fails to issue a verbal or written notice of denial of the | ||||||
| 14 | application within 30 days of its submission, the agent | ||||||
| 15 | identification card is deemed granted and a copy of the agent | ||||||
| 16 | identification initial application or renewal application | ||||||
| 17 | shall be deemed a valid agent identification card. | ||||||
| 18 | (c) Authorized employees of State or local law enforcement | ||||||
| 19 | agencies shall immediately notify the Department of | ||||||
| 20 | Agriculture and the Department of Financial and Professional | ||||||
| 21 | Regulation when any person in possession of an agent | ||||||
| 22 | identification card has been convicted of or pled guilty to | ||||||
| 23 | violating this Act.
| ||||||
| 24 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 25 | (410 ILCS 705/55-50)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 55-50. Petition for rehearing. Within 20 days after | ||||||
| 2 | the service of any order or decision of the Department of | ||||||
| 3 | Public Health, the Department of Agriculture, the Department of | ||||||
| 4 | Financial and Professional Regulation, or the Illinois | ||||||
| 5 | Department of State Police upon any party to the proceeding, | ||||||
| 6 | the party may apply for a rehearing in respect to any matters | ||||||
| 7 | determined by them under this Act, except for decisions made | ||||||
| 8 | under the Cannabis Cultivation Privilege Tax Law, the Cannabis | ||||||
| 9 | Purchaser Excise Tax Law, the County Cannabis Retailers' | ||||||
| 10 | Occupation Tax Law, and the Municipal Cannabis Retailers' | ||||||
| 11 | Occupation Tax Law, which shall be governed by the provisions | ||||||
| 12 | of those Laws. If a rehearing is granted, an agency shall hold | ||||||
| 13 | the rehearing and render a decision within 30 days from the | ||||||
| 14 | filing of the application for rehearing with the agency. The | ||||||
| 15 | time for holding such rehearing and rendering a decision may be | ||||||
| 16 | extended for a period not to exceed 30 days, for good cause | ||||||
| 17 | shown, and by notice in writing to all parties of interest. If | ||||||
| 18 | an agency fails to act on the application for rehearing within | ||||||
| 19 | 30 days, or the date the time for rendering a decision was | ||||||
| 20 | extended for good cause shown, the order or decision of the | ||||||
| 21 | agency is final. No action for the judicial review of any order | ||||||
| 22 | or decision of an agency shall be allowed unless the party | ||||||
| 23 | commencing such action has first filed an application for a | ||||||
| 24 | rehearing and the agency has acted or failed to act upon the | ||||||
| 25 | application. Only one rehearing may be granted by an agency on | ||||||
| 26 | application of any one party.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 2 | (410 ILCS 705/55-55)
| ||||||
| 3 | Sec. 55-55. Review of administrative decisions. All final | ||||||
| 4 | administrative decisions of the Department of Public Health, | ||||||
| 5 | the Department of Agriculture, the Department of Financial and | ||||||
| 6 | Professional Regulation, and the Illinois Department of State | ||||||
| 7 | Police are subject to judicial review under the Administrative | ||||||
| 8 | Review Law and the rules adopted under that Law. The term | ||||||
| 9 | "administrative decision" is defined as in Section 3-101 of the | ||||||
| 10 | Code of Civil Procedure.
| ||||||
| 11 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
| 12 | (410 ILCS 705/55-80)
| ||||||
| 13 | Sec. 55-80. Annual reports. | ||||||
| 14 | (a) The Department of Financial and Professional | ||||||
| 15 | Regulation shall submit to the General Assembly and Governor a | ||||||
| 16 | report, by September 30 of each year, that does not disclose | ||||||
| 17 | any information identifying information about cultivation | ||||||
| 18 | centers, craft growers, infuser organizations, transporting | ||||||
| 19 | organizations, or dispensing organizations, but does contain, | ||||||
| 20 | at a minimum, all of the following information for the previous | ||||||
| 21 | fiscal year: | ||||||
| 22 | (1) The number of licenses issued to dispensing | ||||||
| 23 | organizations by county, or, in counties with greater than | ||||||
| 24 | 3,000,000 residents, by zip code; | ||||||
| |||||||
| |||||||
| 1 | (2) The total number of dispensing organization owners | ||||||
| 2 | that are Social Equity Applicants or minority persons, | ||||||
| 3 | women, or persons with disabilities as those terms are | ||||||
| 4 | defined in the Business Enterprise for Minorities, Women, | ||||||
| 5 | and Persons with Disabilities Act; | ||||||
| 6 | (3) The total number of revenues received from | ||||||
| 7 | dispensing organizations, segregated from revenues | ||||||
| 8 | received from dispensing organizations under the | ||||||
| 9 | Compassionate Use of Medical Cannabis Program Act by | ||||||
| 10 | county, separated by source of revenue; | ||||||
| 11 | (4) The total amount of revenue received from | ||||||
| 12 | dispensing organizations that share a premises or majority | ||||||
| 13 | ownership with a craft grower; | ||||||
| 14 | (5) The total amount of revenue received from | ||||||
| 15 | dispensing organizations that share a premises or majority | ||||||
| 16 | ownership with an infuser; and | ||||||
| 17 | (6) An analysis of revenue generated from taxation, | ||||||
| 18 | licensing, and other fees for the State, including | ||||||
| 19 | recommendations to change the tax rate applied. | ||||||
| 20 | (b) The Department of Agriculture shall submit to the | ||||||
| 21 | General Assembly and Governor a report, by September 30 of each | ||||||
| 22 | year, that does not disclose any information identifying | ||||||
| 23 | information about cultivation centers, craft growers, infuser | ||||||
| 24 | organizations, transporting organizations, or dispensing | ||||||
| 25 | organizations, but does contain, at a minimum, all of the | ||||||
| 26 | following information for the previous fiscal year: | ||||||
| |||||||
| |||||||
| 1 | (1) The number of licenses issued to cultivation | ||||||
| 2 | centers, craft growers, infusers, and transporters by | ||||||
| 3 | license type, and, in counties with more than 3,000,000 | ||||||
| 4 | residents, by zip code; | ||||||
| 5 | (2) The total number of cultivation centers, craft | ||||||
| 6 | growers, infusers, and transporters by license type that | ||||||
| 7 | are Social Equity Applicants or minority persons, women, or | ||||||
| 8 | persons with disabilities as those terms are defined in the | ||||||
| 9 | Business Enterprise for Minorities, Women, and Persons | ||||||
| 10 | with Disabilities Act; | ||||||
| 11 | (3) The total amount of revenue received from | ||||||
| 12 | cultivation centers, craft growers, infusers, and | ||||||
| 13 | transporters, separated by license types and source of | ||||||
| 14 | revenue; | ||||||
| 15 | (4) The total amount of revenue received from craft | ||||||
| 16 | growers and infusers that share a premises or majority | ||||||
| 17 | ownership with a dispensing organization; | ||||||
| 18 | (5) The total amount of revenue received from craft | ||||||
| 19 | growers that share a premises or majority ownership with an | ||||||
| 20 | infuser, but do not share a premises or ownership with a | ||||||
| 21 | dispensary; | ||||||
| 22 | (6) The total amount of revenue received from infusers | ||||||
| 23 | that share a premises or majority ownership with a craft | ||||||
| 24 | grower, but do not share a premises or ownership with a | ||||||
| 25 | dispensary; | ||||||
| 26 | (7) The total amount of revenue received from craft | ||||||
| |||||||
| |||||||
| 1 | growers that share a premises or majority ownership with a | ||||||
| 2 | dispensing organization, but do not share a premises or | ||||||
| 3 | ownership with an infuser; | ||||||
| 4 | (8) The total amount of revenue received from infusers | ||||||
| 5 | that share a premises or majority ownership with a | ||||||
| 6 | dispensing organization, but do not share a premises or | ||||||
| 7 | ownership with a craft grower; | ||||||
| 8 | (9) The total amount of revenue received from | ||||||
| 9 | transporters; and | ||||||
| 10 | (10) An analysis of revenue generated from taxation, | ||||||
| 11 | licensing, and other fees for the State, including | ||||||
| 12 | recommendations to change the tax rate applied. | ||||||
| 13 | (c) The Illinois Department of State Police shall submit to | ||||||
| 14 | the General Assembly and Governor a report, by September 30 of | ||||||
| 15 | each year that contains, at a minimum, all of the following | ||||||
| 16 | information for the previous fiscal year: | ||||||
| 17 | (1) The effect of regulation and taxation of cannabis | ||||||
| 18 | on law enforcement resources; | ||||||
| 19 | (2) The impact of regulation and taxation of cannabis | ||||||
| 20 | on highway and waterway safety and rates of impaired | ||||||
| 21 | driving or operating, where impairment was determined | ||||||
| 22 | based on failure of a field sobriety test; | ||||||
| 23 | (3) The available and emerging methods for detecting | ||||||
| 24 | the metabolites for delta-9-tetrahydrocannabinol in bodily | ||||||
| 25 | fluids, including, without limitation, blood and saliva; | ||||||
| 26 | (4) The effectiveness of current DUI laws and | ||||||
| |||||||
| |||||||
| 1 | recommendations for improvements to policy to better | ||||||
| 2 | ensure safe highways and fair laws. | ||||||
| 3 | (d) The Adult Use Cannabis Health Advisory Committee shall | ||||||
| 4 | submit to the General Assembly and Governor a report, by | ||||||
| 5 | September 30 of each year, that does not disclose any | ||||||
| 6 | identifying information about any individuals, but does | ||||||
| 7 | contain, at a minimum: | ||||||
| 8 | (1) Self-reported youth cannabis use, as published in | ||||||
| 9 | the most recent Illinois Youth Survey available; | ||||||
| 10 | (2) Self-reported adult cannabis use, as published in | ||||||
| 11 | the most recent Behavioral Risk Factor Surveillance Survey | ||||||
| 12 | available; | ||||||
| 13 | (3) Hospital room admissions and hospital utilization | ||||||
| 14 | rates caused by cannabis consumption, including the | ||||||
| 15 | presence or detection of other drugs; | ||||||
| 16 | (4) Overdoses of cannabis and poison control data, | ||||||
| 17 | including the presence of other drugs that may have | ||||||
| 18 | contributed; | ||||||
| 19 | (5) Incidents of impaired driving caused by the | ||||||
| 20 | consumption of cannabis or cannabis products, including | ||||||
| 21 | the presence of other drugs or alcohol that may have | ||||||
| 22 | contributed to the impaired driving; | ||||||
| 23 | (6) Prevalence of infants born testing positive for | ||||||
| 24 | cannabis or delta-9-tetrahydrocannabinol, including | ||||||
| 25 | demographic and racial information on which infants are | ||||||
| 26 | tested; | ||||||
| |||||||
| |||||||
| 1 | (7) Public perceptions of use and risk of harm; | ||||||
| 2 | (8) Revenue collected from cannabis taxation and how | ||||||
| 3 | that revenue was used; | ||||||
| 4 | (9) Cannabis retail licenses granted and locations; | ||||||
| 5 | (10) Cannabis-related arrests; and | ||||||
| 6 | (11) The number of individuals completing required bud | ||||||
| 7 | tender training. | ||||||
| 8 | (e) Each agency or committee submitting reports under this | ||||||
| 9 | Section may consult with one another in the preparation of each | ||||||
| 10 | report.
| ||||||
| 11 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 12 | Section 850. The Radiation Protection Act of 1990 is | ||||||
| 13 | amended by changing Section 34 as follows:
| ||||||
| 14 | (420 ILCS 40/34) (from Ch. 111 1/2, par. 210-34)
| ||||||
| 15 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
| 16 | Sec. 34. All intrastate and interstate carriers of | ||||||
| 17 | irradiated nuclear
reactor fuel in the State of Illinois are | ||||||
| 18 | hereby required to notify the
Agency 24 hours prior to any
| ||||||
| 19 | transportation of
irradiated nuclear reactor fuel within this | ||||||
| 20 | State of the proposed route, the
place and time of entry into | ||||||
| 21 | the State, and the amount and the source of
the fuel. The | ||||||
| 22 | Agency shall immediately notify the Illinois State
Police, | ||||||
| 23 | which
shall notify the sheriff of those counties along the | ||||||
| 24 | route of such shipment.
| ||||||
| |||||||
| |||||||
| 1 | For the purpose of this subsection, a "carrier" is any | ||||||
| 2 | entity charged
with transportation of such irradiated reactor | ||||||
| 3 | fuel from the nuclear
steam-generating facility to a storage | ||||||
| 4 | facility.
| ||||||
| 5 | For the purpose of this subsection, "irradiated reactor | ||||||
| 6 | fuel" is any
nuclear fuel assembly containing fissile-bearing | ||||||
| 7 | material that has been
irradiated in and removed from a nuclear | ||||||
| 8 | reactor facility.
| ||||||
| 9 | (Source: P.A. 94-104, eff. 7-1-05.)
| ||||||
| 10 | Section 865. The Firearm Owners Identification Card Act is | ||||||
| 11 | amended by changing Sections 1.1, 2, 3, 3.1, 3.3, 4, 5, 5.1, 6, | ||||||
| 12 | 8, 8.1, 8.2, 8.3, 9.5, 10, 11, 13.1, 13.2, 13.3, 15a, and 15b | ||||||
| 13 | as follows:
| ||||||
| 14 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
| 15 | Sec. 1.1. For purposes of this Act:
| ||||||
| 16 | "Addicted to narcotics" means a person who has been: | ||||||
| 17 | (1) convicted of an offense involving the use or | ||||||
| 18 | possession of cannabis, a controlled substance, or | ||||||
| 19 | methamphetamine within the past year; or | ||||||
| 20 | (2) determined by the Illinois Department of State | ||||||
| 21 | Police to be addicted to narcotics based upon federal law | ||||||
| 22 | or federal guidelines. | ||||||
| 23 | "Addicted to narcotics" does not include possession or use | ||||||
| 24 | of a prescribed controlled substance under the direction and | ||||||
| |||||||
| |||||||
| 1 | authority of a physician or other person authorized to | ||||||
| 2 | prescribe the controlled substance when the controlled | ||||||
| 3 | substance is used in the prescribed manner. | ||||||
| 4 | "Adjudicated as a person with a mental disability" means | ||||||
| 5 | the person is the subject of a determination by a court, board, | ||||||
| 6 | commission or other lawful authority that the person, as a | ||||||
| 7 | result of marked subnormal intelligence, or mental illness, | ||||||
| 8 | mental impairment, incompetency, condition, or disease: | ||||||
| 9 | (1) presents a clear and present danger to himself, | ||||||
| 10 | herself, or to others; | ||||||
| 11 | (2) lacks the mental capacity to manage his or her own | ||||||
| 12 | affairs or is adjudicated a person with a disability as | ||||||
| 13 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
| 14 | (3) is not guilty in a criminal case by reason of | ||||||
| 15 | insanity, mental disease or defect; | ||||||
| 16 | (3.5) is guilty but mentally ill, as provided in | ||||||
| 17 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
| 18 | (4) is incompetent to stand trial in a criminal case; | ||||||
| 19 | (5) is not guilty by reason of lack of mental | ||||||
| 20 | responsibility under Articles 50a and 72b of the Uniform | ||||||
| 21 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
| 22 | (6) is a sexually violent person under subsection (f) | ||||||
| 23 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
| 24 | Act; | ||||||
| 25 | (7) is a sexually dangerous person under the Sexually | ||||||
| 26 | Dangerous Persons Act; | ||||||
| |||||||
| |||||||
| 1 | (8) is unfit to stand trial under the Juvenile Court | ||||||
| 2 | Act of 1987; | ||||||
| 3 | (9) is not guilty by reason of insanity under the | ||||||
| 4 | Juvenile Court Act of 1987; | ||||||
| 5 | (10) is subject to involuntary admission as an | ||||||
| 6 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
| 7 | and Developmental Disabilities Code; | ||||||
| 8 | (11) is subject to involuntary admission as an | ||||||
| 9 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
| 10 | Health and Developmental Disabilities Code; | ||||||
| 11 | (12) is subject to judicial admission as set forth in | ||||||
| 12 | Section 4-500 of the Mental Health and Developmental | ||||||
| 13 | Disabilities Code; or | ||||||
| 14 | (13) is subject to the provisions of the Interstate | ||||||
| 15 | Agreements on Sexually Dangerous Persons Act. | ||||||
| 16 | "Clear and present danger" means a person who: | ||||||
| 17 | (1) communicates a serious threat of physical violence | ||||||
| 18 | against a reasonably identifiable victim or poses a clear | ||||||
| 19 | and imminent risk of serious physical injury to himself, | ||||||
| 20 | herself, or another person as determined by a physician, | ||||||
| 21 | clinical psychologist, or qualified examiner; or | ||||||
| 22 | (2) demonstrates threatening physical or verbal | ||||||
| 23 | behavior, such as violent, suicidal, or assaultive | ||||||
| 24 | threats, actions, or other behavior, as determined by a | ||||||
| 25 | physician, clinical psychologist, qualified examiner, | ||||||
| 26 | school administrator, or law enforcement official. | ||||||
| |||||||
| |||||||
| 1 | "Clinical psychologist" has the meaning provided in | ||||||
| 2 | Section 1-103 of the Mental Health and Developmental | ||||||
| 3 | Disabilities Code. | ||||||
| 4 | "Controlled substance" means a controlled substance or | ||||||
| 5 | controlled substance analog as defined in the Illinois | ||||||
| 6 | Controlled Substances Act. | ||||||
| 7 | "Counterfeit" means to copy or imitate, without legal | ||||||
| 8 | authority, with
intent
to deceive. | ||||||
| 9 | "Federally licensed firearm dealer" means a person who is | ||||||
| 10 | licensed as a federal firearms dealer under Section 923 of the | ||||||
| 11 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
| 12 | "Firearm" means any device, by
whatever name known, which | ||||||
| 13 | is designed to expel a projectile or projectiles
by the action | ||||||
| 14 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
| 15 | however:
| ||||||
| 16 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| 17 | B-B gun which
expels a single globular projectile not | ||||||
| 18 | exceeding .18 inch in
diameter or which has a maximum | ||||||
| 19 | muzzle velocity of less than 700 feet
per second;
| ||||||
| 20 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| 21 | B-B gun which expels breakable paint balls containing | ||||||
| 22 | washable marking colors; | ||||||
| 23 | (2) any device used exclusively for signalling or | ||||||
| 24 | safety and required or
recommended by the United States | ||||||
| 25 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
| 26 | (3) any device used exclusively for the firing of stud | ||||||
| |||||||
| |||||||
| 1 | cartridges,
explosive rivets or similar industrial | ||||||
| 2 | ammunition; and
| ||||||
| 3 | (4) an antique firearm (other than a machine-gun) | ||||||
| 4 | which, although
designed as a weapon, the Illinois | ||||||
| 5 | Department of State Police finds by reason of
the date of | ||||||
| 6 | its manufacture, value, design, and other characteristics | ||||||
| 7 | is
primarily a collector's item and is not likely to be | ||||||
| 8 | used as a weapon.
| ||||||
| 9 | "Firearm ammunition" means any self-contained cartridge or | ||||||
| 10 | shotgun
shell, by whatever name known, which is designed to be | ||||||
| 11 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
| 12 | (1) any ammunition exclusively designed for use with a | ||||||
| 13 | device used
exclusively for signalling or safety and | ||||||
| 14 | required or recommended by the
United States Coast Guard or | ||||||
| 15 | the Interstate Commerce Commission; and
| ||||||
| 16 | (2) any ammunition designed exclusively for use with a | ||||||
| 17 | stud or rivet
driver or other similar industrial | ||||||
| 18 | ammunition. | ||||||
| 19 | "Gun show" means an event or function: | ||||||
| 20 | (1) at which the sale and transfer of firearms is the | ||||||
| 21 | regular and normal course of business and where 50 or more | ||||||
| 22 | firearms are displayed, offered, or exhibited for sale, | ||||||
| 23 | transfer, or exchange; or | ||||||
| 24 | (2) at which not less than 10 gun show vendors display, | ||||||
| 25 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
| 26 | firearms.
| ||||||
| |||||||
| |||||||
| 1 | "Gun show" includes the entire premises provided for an | ||||||
| 2 | event or function, including parking areas for the event or | ||||||
| 3 | function, that is sponsored to facilitate the purchase, sale, | ||||||
| 4 | transfer, or exchange of firearms as described in this Section.
| ||||||
| 5 | Nothing in this definition shall be construed to exclude a gun | ||||||
| 6 | show held in conjunction with competitive shooting events at | ||||||
| 7 | the World Shooting Complex sanctioned by a national governing | ||||||
| 8 | body in which the sale or transfer of firearms is authorized | ||||||
| 9 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
| 10 | Section 24-3 of the Criminal Code of 2012. | ||||||
| 11 | Unless otherwise expressly stated, "gun show" does not | ||||||
| 12 | include training or safety classes, competitive shooting | ||||||
| 13 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
| 14 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| ||||||
| 15 | any other event where the sale or transfer of firearms is not | ||||||
| 16 | the primary course of business. | ||||||
| 17 | "Gun show promoter" means a person who organizes or | ||||||
| 18 | operates a gun show. | ||||||
| 19 | "Gun show vendor" means a person who exhibits, sells, | ||||||
| 20 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
| 21 | show, regardless of whether the person arranges with a gun show | ||||||
| 22 | promoter for a fixed location from which to exhibit, sell, | ||||||
| 23 | offer for sale, transfer, or exchange any firearm. | ||||||
| 24 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
| 25 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
| 26 | Developmental Disabilities Code. | ||||||
| |||||||
| |||||||
| 1 | "Mental health facility" means any licensed private | ||||||
| 2 | hospital or hospital affiliate, institution, or facility, or | ||||||
| 3 | part thereof, and any facility, or part thereof, operated by | ||||||
| 4 | the State or a political subdivision thereof which provide | ||||||
| 5 | treatment of persons with mental illness and includes all | ||||||
| 6 | hospitals, institutions, clinics, evaluation facilities, | ||||||
| 7 | mental health centers, colleges, universities, long-term care | ||||||
| 8 | facilities, and nursing homes, or parts thereof, which provide | ||||||
| 9 | treatment of persons with mental illness whether or not the | ||||||
| 10 | primary purpose is to provide treatment of persons with mental | ||||||
| 11 | illness. | ||||||
| 12 | "National governing body" means a group of persons who | ||||||
| 13 | adopt rules and formulate policy on behalf of a national | ||||||
| 14 | firearm sporting organization. | ||||||
| 15 | "Patient" means: | ||||||
| 16 | (1) a person who is admitted as an inpatient or | ||||||
| 17 | resident of a public or private mental health facility for | ||||||
| 18 | mental health treatment under Chapter III of the Mental | ||||||
| 19 | Health and Developmental Disabilities Code as an informal | ||||||
| 20 | admission, a voluntary admission, a minor admission, an | ||||||
| 21 | emergency admission, or an involuntary admission, unless | ||||||
| 22 | the treatment was solely for an alcohol abuse disorder; or | ||||||
| 23 | (2) a person who voluntarily or involuntarily receives | ||||||
| 24 | mental health treatment as an out-patient or is otherwise | ||||||
| 25 | provided services by a public or private mental health | ||||||
| 26 | facility, and who poses a clear and present danger to | ||||||
| |||||||
| |||||||
| 1 | himself, herself, or to others. | ||||||
| 2 | "Person with a developmental disability" means a person | ||||||
| 3 | with a disability which is attributable to any other condition | ||||||
| 4 | which results in impairment similar to that caused by an | ||||||
| 5 | intellectual disability and which requires services similar to | ||||||
| 6 | those required by persons with intellectual disabilities. The | ||||||
| 7 | disability must originate before the age of 18
years, be | ||||||
| 8 | expected to continue indefinitely, and constitute a | ||||||
| 9 | substantial disability. This disability results, in the | ||||||
| 10 | professional opinion of a physician, clinical psychologist, or | ||||||
| 11 | qualified examiner, in significant functional limitations in 3 | ||||||
| 12 | or more of the following areas of major life activity: | ||||||
| 13 | (i) self-care; | ||||||
| 14 | (ii) receptive and expressive language; | ||||||
| 15 | (iii) learning; | ||||||
| 16 | (iv) mobility; or | ||||||
| 17 | (v) self-direction. | ||||||
| 18 | "Person with an intellectual disability" means a person | ||||||
| 19 | with a significantly subaverage general intellectual | ||||||
| 20 | functioning which exists concurrently with impairment in | ||||||
| 21 | adaptive behavior and which originates before the age of 18 | ||||||
| 22 | years. | ||||||
| 23 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
| 24 | the Mental Health and Developmental Disabilities Code. | ||||||
| 25 | "Qualified examiner" has the meaning provided in Section | ||||||
| 26 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
| |||||||
| |||||||
| 1 | "Sanctioned competitive shooting event" means a shooting | ||||||
| 2 | contest officially recognized by a national or state shooting | ||||||
| 3 | sport association, and includes any sight-in or practice | ||||||
| 4 | conducted in conjunction with the event.
| ||||||
| 5 | "School administrator" means the person required to report | ||||||
| 6 | under the School Administrator Reporting of Mental Health Clear | ||||||
| 7 | and Present Danger Determinations Law. | ||||||
| 8 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
| 9 | Section 24-1 of the Criminal Code of 2012. | ||||||
| 10 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
| 11 | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
| ||||||
| 12 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| ||||||
| 13 | Sec. 2. Firearm Owner's Identification Card required; | ||||||
| 14 | exceptions.
| ||||||
| 15 | (a) (1) No person may acquire or possess any firearm, stun | ||||||
| 16 | gun, or taser within this State
without having in his or her | ||||||
| 17 | possession a Firearm Owner's Identification Card
previously | ||||||
| 18 | issued in his or her name by the Illinois Department of State | ||||||
| 19 | Police under
the provisions of this Act.
| ||||||
| 20 | (2) No person may acquire or possess firearm ammunition | ||||||
| 21 | within this
State without having in his or her possession a | ||||||
| 22 | Firearm Owner's Identification
Card previously issued in his or | ||||||
| 23 | her name by the Illinois Department of State Police
under the | ||||||
| 24 | provisions of this Act.
| ||||||
| 25 | (b) The provisions of this Section regarding the possession | ||||||
| |||||||
| |||||||
| 1 | of firearms, firearm ammunition, stun guns, and tasers do not | ||||||
| 2 | apply to:
| ||||||
| 3 | (1) United States Marshals, while engaged in the | ||||||
| 4 | operation of their
official duties;
| ||||||
| 5 | (2) Members of the Armed Forces of the United States or | ||||||
| 6 | the National
Guard, while engaged in the operation of their | ||||||
| 7 | official duties;
| ||||||
| 8 | (3) Federal officials required to carry firearms, | ||||||
| 9 | while engaged in the
operation of their official duties;
| ||||||
| 10 | (4) Members of bona fide veterans organizations which | ||||||
| 11 | receive firearms
directly from the armed forces of the | ||||||
| 12 | United States, while using the
firearms for ceremonial | ||||||
| 13 | purposes with blank ammunition;
| ||||||
| 14 | (5) Nonresident hunters during hunting season, with | ||||||
| 15 | valid nonresident
hunting licenses and while in an area | ||||||
| 16 | where hunting is permitted; however,
at all other times and | ||||||
| 17 | in all other places these persons must have their
firearms | ||||||
| 18 | unloaded and enclosed in a case;
| ||||||
| 19 | (6) Those hunters exempt from obtaining a hunting | ||||||
| 20 | license who are
required to submit their Firearm Owner's | ||||||
| 21 | Identification Card when hunting
on Department of Natural | ||||||
| 22 | Resources owned or managed sites;
| ||||||
| 23 | (7) Nonresidents while on a firing or shooting range | ||||||
| 24 | recognized by the
Illinois Department of State Police; | ||||||
| 25 | however, these persons must at all other times
and in all | ||||||
| 26 | other places have their firearms unloaded and enclosed in a | ||||||
| |||||||
| |||||||
| 1 | case;
| ||||||
| 2 | (8) Nonresidents while at a firearm showing or display | ||||||
| 3 | recognized by
the Illinois Department of State Police; | ||||||
| 4 | however, at all other times and in all
other places these | ||||||
| 5 | persons must have their firearms unloaded and enclosed
in a | ||||||
| 6 | case;
| ||||||
| 7 | (9) Nonresidents whose firearms are unloaded and | ||||||
| 8 | enclosed in a case;
| ||||||
| 9 | (10) Nonresidents who are currently licensed or | ||||||
| 10 | registered to possess a
firearm in their resident state;
| ||||||
| 11 | (11) Unemancipated minors while in the custody and | ||||||
| 12 | immediate control of
their parent or legal guardian or | ||||||
| 13 | other person in loco parentis to the
minor if the parent or | ||||||
| 14 | legal guardian or other person in loco parentis to
the | ||||||
| 15 | minor has a currently valid Firearm Owner's Identification
| ||||||
| 16 | Card;
| ||||||
| 17 | (12) Color guards of bona fide veterans organizations | ||||||
| 18 | or members of bona
fide American Legion bands while using | ||||||
| 19 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
| 20 | (13) Nonresident hunters whose state of residence does | ||||||
| 21 | not require
them to be licensed or registered to possess a | ||||||
| 22 | firearm and only during
hunting season, with valid hunting | ||||||
| 23 | licenses, while accompanied by, and
using a firearm owned | ||||||
| 24 | by, a person who possesses a valid Firearm Owner's
| ||||||
| 25 | Identification Card and while in an area within a | ||||||
| 26 | commercial club licensed
under the Wildlife Code where | ||||||
| |||||||
| |||||||
| 1 | hunting is permitted and controlled, but in
no instance | ||||||
| 2 | upon sites owned or managed by the Department of Natural
| ||||||
| 3 | Resources;
| ||||||
| 4 | (14) Resident hunters who are properly authorized to | ||||||
| 5 | hunt and,
while accompanied by a person who possesses a | ||||||
| 6 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
| 7 | within a commercial club licensed
under the Wildlife Code | ||||||
| 8 | where hunting is permitted and controlled;
| ||||||
| 9 | (15) A person who is otherwise eligible to obtain a | ||||||
| 10 | Firearm Owner's
Identification Card under this Act and is | ||||||
| 11 | under the direct supervision of a
holder of a Firearm
| ||||||
| 12 | Owner's Identification Card who is 21 years of age or older | ||||||
| 13 | while the person is
on a firing or shooting range
or is a
| ||||||
| 14 | participant in a firearms safety and training course | ||||||
| 15 | recognized by a law
enforcement agency or a national, | ||||||
| 16 | statewide shooting sports organization; and
| ||||||
| 17 | (16) Competitive shooting athletes whose competition | ||||||
| 18 | firearms are sanctioned by the International Olympic | ||||||
| 19 | Committee, the International Paralympic Committee, the | ||||||
| 20 | International Shooting Sport Federation, or USA Shooting | ||||||
| 21 | in connection with such athletes' training for and | ||||||
| 22 | participation in shooting competitions at the 2016 Olympic | ||||||
| 23 | and Paralympic Games and sanctioned test events leading up | ||||||
| 24 | to the 2016 Olympic and Paralympic Games. | ||||||
| 25 | (c) The provisions of this Section regarding the | ||||||
| 26 | acquisition and possession
of firearms, firearm ammunition, | ||||||
| |||||||
| |||||||
| 1 | stun guns, and tasers do not apply to law enforcement officials
| ||||||
| 2 | of this or any other jurisdiction, while engaged in the | ||||||
| 3 | operation of their
official duties.
| ||||||
| 4 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
| 5 | subsection (a) of this Section regarding the possession of | ||||||
| 6 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
| 7 | valid concealed carry
license issued under the Firearm | ||||||
| 8 | Concealed Carry Act who is in physical
possession of the | ||||||
| 9 | concealed carry license. | ||||||
| 10 | (d) Any person who becomes a resident of this State, who is | ||||||
| 11 | not otherwise prohibited from obtaining, possessing, or using a | ||||||
| 12 | firearm or firearm ammunition, shall not be required to have a | ||||||
| 13 | Firearm Owner's Identification Card to possess firearms or | ||||||
| 14 | firearms ammunition until 60 calendar days after he or she | ||||||
| 15 | obtains an Illinois driver's license or Illinois | ||||||
| 16 | Identification Card. | ||||||
| 17 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
| 18 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
| 19 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
| 20 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
| 21 | firearm ammunition, stun gun, or taser to any person within | ||||||
| 22 | this State unless the
transferee with whom he deals displays | ||||||
| 23 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
| 24 | Card which has previously been issued in his or her name by the
| ||||||
| 25 | Illinois Department of State Police under the provisions of | ||||||
| |||||||
| |||||||
| 1 | this Act; or (2) a currently valid license to carry a concealed | ||||||
| 2 | firearm which has previously been issued in his or her name by | ||||||
| 3 | the
Illinois Department of State Police under the Firearm | ||||||
| 4 | Concealed Carry Act. In addition,
all firearm, stun gun, and | ||||||
| 5 | taser transfers by federally licensed firearm dealers are | ||||||
| 6 | subject
to Section 3.1. | ||||||
| 7 | (a-5) Any person who is not a federally licensed firearm | ||||||
| 8 | dealer and who desires to transfer or sell a firearm while that | ||||||
| 9 | person is on the grounds of a gun show must, before selling or | ||||||
| 10 | transferring the firearm, request the Illinois Department of | ||||||
| 11 | State Police to conduct a background check on the prospective | ||||||
| 12 | recipient of the firearm in accordance with Section 3.1.
| ||||||
| 13 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
| 14 | Section, any person who is not a federally licensed firearm | ||||||
| 15 | dealer and who desires to transfer or sell a firearm or | ||||||
| 16 | firearms to any person who is not a federally licensed firearm | ||||||
| 17 | dealer shall, before selling or transferring the firearms, | ||||||
| 18 | contact the Illinois Department of State Police with the | ||||||
| 19 | transferee's or purchaser's Firearm Owner's Identification | ||||||
| 20 | Card number to determine the validity of the transferee's or | ||||||
| 21 | purchaser's Firearm Owner's Identification Card. This | ||||||
| 22 | subsection shall not be effective until January 1, 2014. The | ||||||
| 23 | Illinois Department of State Police may adopt rules concerning | ||||||
| 24 | the implementation of this subsection. The Illinois Department | ||||||
| 25 | of State Police shall provide the seller or transferor an | ||||||
| 26 | approval number if the purchaser's Firearm Owner's | ||||||
| |||||||
| |||||||
| 1 | Identification Card is valid. Approvals issued by the | ||||||
| 2 | Department for the purchase of a firearm pursuant to this | ||||||
| 3 | subsection are valid for 30 days from the date of issue. | ||||||
| 4 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
| 5 | do not apply to: | ||||||
| 6 | (1) transfers that occur at the place of business of a | ||||||
| 7 | federally licensed firearm dealer, if the federally | ||||||
| 8 | licensed firearm dealer conducts a background check on the | ||||||
| 9 | prospective recipient of the firearm in accordance with | ||||||
| 10 | Section 3.1 of this Act and follows all other applicable | ||||||
| 11 | federal, State, and local laws as if he or she were the | ||||||
| 12 | seller or transferor of the firearm, although the dealer is | ||||||
| 13 | not required to accept the firearm into his or her | ||||||
| 14 | inventory. The purchaser or transferee may be required by | ||||||
| 15 | the federally licensed firearm dealer to pay a fee not to | ||||||
| 16 | exceed $10 per firearm, which the dealer may retain as | ||||||
| 17 | compensation for performing the functions required under | ||||||
| 18 | this paragraph, plus the applicable fees authorized by | ||||||
| 19 | Section 3.1; | ||||||
| 20 | (2) transfers as a bona fide gift to the transferor's | ||||||
| 21 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
| 22 | father, mother, stepfather, stepmother, brother, sister, | ||||||
| 23 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
| 24 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
| 25 | son-in-law, or daughter-in-law; | ||||||
| 26 | (3) transfers by persons acting pursuant to operation | ||||||
| |||||||
| |||||||
| 1 | of law or a court order; | ||||||
| 2 | (4) transfers on the grounds of a gun show under | ||||||
| 3 | subsection (a-5) of this Section; | ||||||
| 4 | (5) the delivery of a firearm by its owner to a | ||||||
| 5 | gunsmith for service or repair, the return of the firearm | ||||||
| 6 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
| 7 | by a gunsmith to a federally licensed firearms dealer for | ||||||
| 8 | service or repair and the return of the firearm to the | ||||||
| 9 | gunsmith; | ||||||
| 10 | (6) temporary transfers that occur while in the home of | ||||||
| 11 | the unlicensed transferee, if the unlicensed transferee is | ||||||
| 12 | not otherwise prohibited from possessing firearms and the | ||||||
| 13 | unlicensed transferee reasonably believes that possession | ||||||
| 14 | of the firearm is necessary to prevent imminent death or | ||||||
| 15 | great bodily harm to the unlicensed transferee; | ||||||
| 16 | (7) transfers to a law enforcement or corrections | ||||||
| 17 | agency or a law enforcement or corrections officer acting | ||||||
| 18 | within the course and scope of his or her official duties; | ||||||
| 19 | (8) transfers of firearms that have been rendered | ||||||
| 20 | permanently inoperable to a nonprofit historical society, | ||||||
| 21 | museum, or institutional collection; and | ||||||
| 22 | (9) transfers to a person who is exempt from the | ||||||
| 23 | requirement of possessing a Firearm Owner's Identification | ||||||
| 24 | Card under Section 2 of this Act. | ||||||
| 25 | (a-20) The Illinois Department of State Police shall | ||||||
| 26 | develop an Internet-based system for individuals to determine | ||||||
| |||||||
| |||||||
| 1 | the validity of a Firearm Owner's Identification Card prior to | ||||||
| 2 | the sale or transfer of a firearm. The Department shall have | ||||||
| 3 | the Internet-based system completed and available for use by | ||||||
| 4 | July 1, 2015. The Department shall adopt rules not inconsistent | ||||||
| 5 | with this Section to implement this system. | ||||||
| 6 | (b) Any person within this State who transfers or causes to | ||||||
| 7 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
| 8 | record of such transfer for a period
of 10 years from the date | ||||||
| 9 | of transfer. Such record shall contain the date
of the | ||||||
| 10 | transfer; the description, serial number or other information
| ||||||
| 11 | identifying the firearm, stun gun, or taser if no serial number | ||||||
| 12 | is available; and, if the
transfer was completed within this | ||||||
| 13 | State, the transferee's Firearm Owner's
Identification Card | ||||||
| 14 | number and any approval number or documentation provided by the | ||||||
| 15 | Illinois Department of State Police pursuant to subsection | ||||||
| 16 | (a-10) of this Section; if the transfer was not completed | ||||||
| 17 | within this State, the record shall contain the name and | ||||||
| 18 | address of the transferee. On or after January 1, 2006, the | ||||||
| 19 | record shall contain the date of application for transfer of | ||||||
| 20 | the firearm. On demand of a peace officer such transferor
shall | ||||||
| 21 | produce for inspection such record of transfer. If the transfer | ||||||
| 22 | or sale took place at a gun show, the record shall include the | ||||||
| 23 | unique identification number. Failure to record the unique | ||||||
| 24 | identification number or approval number is a petty offense.
| ||||||
| 25 | For transfers of a firearm, stun gun, or taser made on or after | ||||||
| 26 | the effective date of this amendatory Act of the 100th General | ||||||
| |||||||
| |||||||
| 1 | Assembly, failure by the private seller to maintain the | ||||||
| 2 | transfer records in accordance with this Section is a Class A | ||||||
| 3 | misdemeanor for the first offense and a Class 4 felony for a | ||||||
| 4 | second or subsequent offense. A transferee shall not be | ||||||
| 5 | criminally liable under this Section provided that he or she | ||||||
| 6 | provides the Illinois Department of State Police with the | ||||||
| 7 | transfer records in accordance with procedures established by | ||||||
| 8 | the Department. The Department shall establish, by rule, a | ||||||
| 9 | standard form on its website. | ||||||
| 10 | (b-5) Any resident may purchase ammunition from a person | ||||||
| 11 | within or outside of Illinois if shipment is by United States | ||||||
| 12 | mail or by a private express carrier authorized by federal law | ||||||
| 13 | to ship ammunition. Any resident purchasing ammunition within | ||||||
| 14 | or outside the State of Illinois must provide the seller with a | ||||||
| 15 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
| 16 | valid concealed carry license and either his or her Illinois | ||||||
| 17 | driver's license or Illinois State Identification Card prior to | ||||||
| 18 | the shipment of the ammunition. The ammunition may be shipped | ||||||
| 19 | only to an address on either of those 2 documents. | ||||||
| 20 | (c) The provisions of this Section regarding the transfer | ||||||
| 21 | of firearm
ammunition shall not apply to those persons | ||||||
| 22 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
| 23 | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| ||||||
| 24 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
| 25 | Sec. 3.1. Dial up system. | ||||||
| |||||||
| |||||||
| 1 | (a) The Illinois Department of State Police shall provide
a | ||||||
| 2 | dial up telephone system or utilize other existing technology | ||||||
| 3 | which shall be used by any federally licensed
firearm dealer, | ||||||
| 4 | gun show promoter, or gun show vendor who is to transfer a | ||||||
| 5 | firearm, stun gun, or taser under the provisions of this
Act. | ||||||
| 6 | The Illinois Department of State Police may utilize existing | ||||||
| 7 | technology which
allows the caller to be charged a fee not to | ||||||
| 8 | exceed $2. Fees collected by the Illinois Department of State | ||||||
| 9 | Police shall be deposited in the State Police Services Fund and | ||||||
| 10 | used
to provide the service.
| ||||||
| 11 | (b) Upon receiving a request from a federally licensed | ||||||
| 12 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
| 13 | Illinois Department of State Police shall immediately approve, | ||||||
| 14 | or within the time
period established by Section 24-3 of the | ||||||
| 15 | Criminal Code of 2012 regarding
the delivery of firearms, stun | ||||||
| 16 | guns, and tasers notify the inquiring dealer, gun show | ||||||
| 17 | promoter, or gun show vendor of any objection that
would | ||||||
| 18 | disqualify the transferee from acquiring or possessing a | ||||||
| 19 | firearm, stun gun, or taser. In
conducting the inquiry, the | ||||||
| 20 | Illinois Department of State Police shall initiate and
complete | ||||||
| 21 | an automated search of its criminal history record information
| ||||||
| 22 | files and those of the Federal Bureau of Investigation, | ||||||
| 23 | including the
National Instant Criminal Background Check | ||||||
| 24 | System, and of the files of
the Department of Human Services | ||||||
| 25 | relating to mental health and
developmental disabilities to | ||||||
| 26 | obtain
any felony conviction or patient hospitalization | ||||||
| |||||||
| |||||||
| 1 | information which would
disqualify a person from obtaining or | ||||||
| 2 | require revocation of a currently
valid Firearm Owner's | ||||||
| 3 | Identification Card. | ||||||
| 4 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
| 5 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
| 6 | Illinois Department of State Police shall: | ||||||
| 7 | (1) assign a unique identification number to the | ||||||
| 8 | transfer; and | ||||||
| 9 | (2) provide the licensee, gun show promoter, or gun | ||||||
| 10 | show vendor with the number. | ||||||
| 11 | (d) Approvals issued by the Illinois Department of State | ||||||
| 12 | Police for the purchase of a firearm are valid for 30 days from | ||||||
| 13 | the date of issue.
| ||||||
| 14 | (e) (1) The Illinois Department of State Police must act as | ||||||
| 15 | the Illinois Point of Contact
for the National Instant Criminal | ||||||
| 16 | Background Check System. | ||||||
| 17 | (2) The Illinois Department of State Police and the | ||||||
| 18 | Department of Human Services shall, in accordance with State | ||||||
| 19 | and federal law regarding confidentiality, enter into a | ||||||
| 20 | memorandum of understanding with the Federal Bureau of | ||||||
| 21 | Investigation for the purpose of implementing the National | ||||||
| 22 | Instant Criminal Background Check System in the State. The | ||||||
| 23 | Illinois Department of State Police shall report the name, date | ||||||
| 24 | of birth, and physical description of any person prohibited | ||||||
| 25 | from possessing a firearm pursuant to the Firearm Owners | ||||||
| 26 | Identification Card Act or 18 U.S.C. 922(g) and (n) to the | ||||||
| |||||||
| |||||||
| 1 | National Instant Criminal Background Check System Index, | ||||||
| 2 | Denied Persons Files.
| ||||||
| 3 | (3) The Illinois Department of State Police shall provide | ||||||
| 4 | notice of the disqualification of a person under subsection (b) | ||||||
| 5 | of this Section or the revocation of a person's Firearm Owner's | ||||||
| 6 | Identification Card under Section 8 or Section 8.2 of this Act, | ||||||
| 7 | and the reason for the disqualification or revocation, to all | ||||||
| 8 | law enforcement agencies with jurisdiction to assist with the | ||||||
| 9 | seizure of the person's Firearm Owner's Identification Card. | ||||||
| 10 | (f) The Illinois Department of State Police shall adopt | ||||||
| 11 | rules not inconsistent with this Section to implement this
| ||||||
| 12 | system.
| ||||||
| 13 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
| ||||||
| 14 | (430 ILCS 65/3.3)
| ||||||
| 15 | Sec. 3.3. Report to the local law enforcement agency. The | ||||||
| 16 | Illinois Department of State Police must report the name and | ||||||
| 17 | address
of a person to the local law enforcement agency where | ||||||
| 18 | the person resides if the
person attempting to purchase a | ||||||
| 19 | firearm is disqualified from purchasing a
firearm because of | ||||||
| 20 | information obtained
under subsection (a-10) of Section 3 or | ||||||
| 21 | Section 3.1 that would disqualify the person from obtaining a | ||||||
| 22 | Firearm Owner's Identification Card under any of subsections | ||||||
| 23 | (c) through (n) of Section 8 of this Act.
| ||||||
| 24 | (Source: P.A. 98-508, eff. 8-19-13.)
| ||||||
| |||||||
| |||||||
| 1 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
| 2 | Sec. 4. Application for Firearm Owner's Identification | ||||||
| 3 | Cards. | ||||||
| 4 | (a) Each applicant for a Firearm Owner's Identification | ||||||
| 5 | Card must:
| ||||||
| 6 | (1) Make application on blank forms prepared and | ||||||
| 7 | furnished at convenient
locations throughout the State by | ||||||
| 8 | the Illinois Department of State Police, or by
electronic | ||||||
| 9 | means, if and when made available by the Illinois | ||||||
| 10 | Department of State Police; and
| ||||||
| 11 | (2) Submit evidence to the Illinois Department of State | ||||||
| 12 | Police that:
| ||||||
| 13 | (i) This subparagraph (i) applies through the | ||||||
| 14 | 180th day following the effective date of this | ||||||
| 15 | amendatory Act of the 101st General Assembly. He or she | ||||||
| 16 | is 21 years of age or over, or if he or she is under 21
| ||||||
| 17 | years of age that he or she has the written consent of | ||||||
| 18 | his or her parent or
legal guardian to possess and | ||||||
| 19 | acquire firearms and firearm ammunition and that
he or | ||||||
| 20 | she has never been convicted of a misdemeanor other | ||||||
| 21 | than a traffic
offense or adjudged
delinquent, | ||||||
| 22 | provided, however, that such parent or legal guardian | ||||||
| 23 | is not an
individual prohibited from having a Firearm | ||||||
| 24 | Owner's Identification Card and
files an affidavit | ||||||
| 25 | with the Department as prescribed by the Department
| ||||||
| 26 | stating that he or she is not an individual prohibited | ||||||
| |||||||
| |||||||
| 1 | from having a Card; | ||||||
| 2 | (i-5) This subparagraph (i-5) applies on and after | ||||||
| 3 | the 181st day following the effective date of this | ||||||
| 4 | amendatory Act of the 101st General Assembly. He or she | ||||||
| 5 | is 21 years of age or over, or if he or she is under 21
| ||||||
| 6 | years of age that he or she has never been convicted of | ||||||
| 7 | a misdemeanor other than a traffic offense or adjudged | ||||||
| 8 | delinquent and is an active duty member of the United | ||||||
| 9 | States Armed Forces or has the written consent of his | ||||||
| 10 | or her parent or
legal guardian to possess and acquire | ||||||
| 11 | firearms and firearm ammunition, provided, however, | ||||||
| 12 | that such parent or legal guardian is not an
individual | ||||||
| 13 | prohibited from having a Firearm Owner's | ||||||
| 14 | Identification Card and
files an affidavit with the | ||||||
| 15 | Department as prescribed by the Department
stating | ||||||
| 16 | that he or she is not an individual prohibited from | ||||||
| 17 | having a Card or the active duty member of the United | ||||||
| 18 | States Armed Forces under 21 years of age annually | ||||||
| 19 | submits proof to the Illinois Department of State | ||||||
| 20 | Police, in a manner prescribed by the Department;
| ||||||
| 21 | (ii) He or she has not been convicted of a felony | ||||||
| 22 | under the laws of
this or any other jurisdiction;
| ||||||
| 23 | (iii) He or she is not addicted to narcotics;
| ||||||
| 24 | (iv) He or she has not been a patient in a mental | ||||||
| 25 | health facility within
the past 5 years or, if he or | ||||||
| 26 | she has been a patient in a mental health facility more | ||||||
| |||||||
| |||||||
| 1 | than 5 years ago submit the certification required | ||||||
| 2 | under subsection (u) of Section 8 of this Act;
| ||||||
| 3 | (v) He or she is not a person with an intellectual | ||||||
| 4 | disability;
| ||||||
| 5 | (vi) He or she is not an alien who is unlawfully | ||||||
| 6 | present in the
United States under the laws of the | ||||||
| 7 | United States;
| ||||||
| 8 | (vii) He or she is not subject to an existing order | ||||||
| 9 | of protection
prohibiting him or her from possessing a | ||||||
| 10 | firearm;
| ||||||
| 11 | (viii) He or she has not been convicted within the | ||||||
| 12 | past 5 years of
battery, assault, aggravated assault, | ||||||
| 13 | violation of an order of
protection, or a substantially | ||||||
| 14 | similar offense in another jurisdiction, in
which a | ||||||
| 15 | firearm was used or possessed;
| ||||||
| 16 | (ix) He or she has not been convicted of domestic | ||||||
| 17 | battery, aggravated domestic battery, or a
| ||||||
| 18 | substantially similar offense in another
jurisdiction | ||||||
| 19 | committed before, on or after January 1, 2012 (the | ||||||
| 20 | effective date of Public Act 97-158). If the applicant | ||||||
| 21 | knowingly and intelligently waives the right to have an | ||||||
| 22 | offense described in this clause (ix) tried by a jury, | ||||||
| 23 | and by guilty plea or otherwise, results in a | ||||||
| 24 | conviction for an offense in which a domestic | ||||||
| 25 | relationship is not a required element of the offense | ||||||
| 26 | but in which a determination of the applicability of 18 | ||||||
| |||||||
| |||||||
| 1 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
| 2 | Code of Criminal Procedure of 1963, an entry by the | ||||||
| 3 | court of a judgment of conviction for that offense | ||||||
| 4 | shall be grounds for denying the issuance of a Firearm | ||||||
| 5 | Owner's Identification Card under this Section;
| ||||||
| 6 | (x) (Blank);
| ||||||
| 7 | (xi) He or she is not an alien who has been | ||||||
| 8 | admitted to the United
States under a non-immigrant | ||||||
| 9 | visa (as that term is defined in Section
101(a)(26) of | ||||||
| 10 | the Immigration and Nationality Act (8 U.S.C. | ||||||
| 11 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
| 12 | been lawfully admitted to the United
States under a | ||||||
| 13 | non-immigrant visa if that alien is:
| ||||||
| 14 | (1) admitted to the United States for lawful | ||||||
| 15 | hunting or sporting
purposes;
| ||||||
| 16 | (2) an official representative of a foreign | ||||||
| 17 | government who is:
| ||||||
| 18 | (A) accredited to the United States | ||||||
| 19 | Government or the Government's
mission to an | ||||||
| 20 | international organization having its | ||||||
| 21 | headquarters in the United
States; or
| ||||||
| 22 | (B) en route to or from another country to | ||||||
| 23 | which that alien is
accredited;
| ||||||
| 24 | (3) an official of a foreign government or | ||||||
| 25 | distinguished foreign
visitor who has been so | ||||||
| 26 | designated by the Department of State;
| ||||||
| |||||||
| |||||||
| 1 | (4) a foreign law enforcement officer of a | ||||||
| 2 | friendly foreign
government entering the United | ||||||
| 3 | States on official business; or
| ||||||
| 4 | (5) one who has received a waiver from the | ||||||
| 5 | Attorney General of the
United States pursuant to | ||||||
| 6 | 18 U.S.C. 922(y)(3);
| ||||||
| 7 | (xii) He or she is not a minor subject to a | ||||||
| 8 | petition filed
under Section 5-520 of the Juvenile | ||||||
| 9 | Court Act of 1987 alleging that the
minor is a | ||||||
| 10 | delinquent minor for the commission of an offense that | ||||||
| 11 | if
committed by an adult would be a felony;
| ||||||
| 12 | (xiii) He or she is not an adult who had been | ||||||
| 13 | adjudicated a delinquent
minor under the Juvenile | ||||||
| 14 | Court Act of 1987 for the commission of an offense
that | ||||||
| 15 | if committed by an adult would be a felony;
| ||||||
| 16 | (xiv) He or she is a resident of the State of | ||||||
| 17 | Illinois; | ||||||
| 18 | (xv) He or she has not been adjudicated as a person | ||||||
| 19 | with a mental disability; | ||||||
| 20 | (xvi) He or she has not been involuntarily admitted | ||||||
| 21 | into a mental health facility; and | ||||||
| 22 | (xvii) He or she is not a person with a | ||||||
| 23 | developmental disability; and | ||||||
| 24 | (3) Upon request by the Illinois Department of State | ||||||
| 25 | Police, sign a release on a
form prescribed by the Illinois | ||||||
| 26 | Department of State Police waiving any right to
| ||||||
| |||||||
| |||||||
| 1 | confidentiality and requesting the disclosure to the | ||||||
| 2 | Illinois Department of State Police
of limited mental | ||||||
| 3 | health institution admission information from another | ||||||
| 4 | state,
the District of Columbia, any other territory of the | ||||||
| 5 | United States, or a
foreign nation concerning the applicant | ||||||
| 6 | for the sole purpose of determining
whether the applicant | ||||||
| 7 | is or was a patient in a mental health institution and
| ||||||
| 8 | disqualified because of that status from receiving a | ||||||
| 9 | Firearm Owner's
Identification Card. No mental health care | ||||||
| 10 | or treatment records may be
requested. The information | ||||||
| 11 | received shall be destroyed within one year of
receipt.
| ||||||
| 12 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
| 13 | Card who is over
the age of 18 shall furnish to the Illinois | ||||||
| 14 | Department of State Police either his or
her Illinois driver's | ||||||
| 15 | license number or Illinois Identification Card number, except | ||||||
| 16 | as
provided in subsection (a-10).
| ||||||
| 17 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
| 18 | Card,
who is employed as a law enforcement officer, an armed | ||||||
| 19 | security officer in Illinois, or by the United States Military
| ||||||
| 20 | permanently assigned in Illinois and who is not an Illinois | ||||||
| 21 | resident, shall furnish to
the Illinois Department of State | ||||||
| 22 | Police his or her driver's license number or state
| ||||||
| 23 | identification card number from his or her state of residence. | ||||||
| 24 | The Illinois Department of State Police may adopt rules to | ||||||
| 25 | enforce the provisions of this
subsection (a-10).
| ||||||
| 26 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
| |||||||
| |||||||
| 1 | Identification Card moves from the residence address named in | ||||||
| 2 | the application, he or she shall immediately notify in a form | ||||||
| 3 | and manner prescribed by the Illinois Department of State | ||||||
| 4 | Police of that change of address. | ||||||
| 5 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
| 6 | Card shall furnish to the Illinois Department of State Police | ||||||
| 7 | his or her photograph. An applicant who is 21 years of age or | ||||||
| 8 | older seeking a religious exemption to the photograph | ||||||
| 9 | requirement must furnish with the application an approved copy | ||||||
| 10 | of United States Department of the Treasury Internal Revenue | ||||||
| 11 | Service Form 4029. In lieu of a photograph, an applicant | ||||||
| 12 | regardless of age seeking a religious exemption to the | ||||||
| 13 | photograph requirement shall submit fingerprints on a form and | ||||||
| 14 | manner prescribed by the Department with his or her | ||||||
| 15 | application. | ||||||
| 16 | (b) Each application form shall include the following | ||||||
| 17 | statement printed in
bold type: "Warning: Entering false | ||||||
| 18 | information on an application for a Firearm
Owner's | ||||||
| 19 | Identification Card is punishable as a Class 2 felony in | ||||||
| 20 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
| 21 | Owners Identification Card
Act.".
| ||||||
| 22 | (c) Upon such written consent, pursuant to Section 4, | ||||||
| 23 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
| 24 | consent shall be liable for any
damages resulting from the | ||||||
| 25 | applicant's use of firearms or firearm ammunition.
| ||||||
| 26 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
| 2 | Sec. 5. Application and renewal. | ||||||
| 3 | (a) The Illinois Department of State Police shall either | ||||||
| 4 | approve or
deny all applications within 30 days from the date | ||||||
| 5 | they are received,
except as provided in subsection (b) of this | ||||||
| 6 | Section, and every applicant found qualified under Section 8 of | ||||||
| 7 | this Act by
the Department shall be entitled to a Firearm | ||||||
| 8 | Owner's Identification
Card upon the payment of a $10 fee. Any | ||||||
| 9 | applicant who is an active duty member of the Armed Forces of | ||||||
| 10 | the United States, a member of the Illinois National Guard, or | ||||||
| 11 | a member of the Reserve Forces of the United States is exempt | ||||||
| 12 | from the application fee. $6 of each fee derived from the
| ||||||
| 13 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||
| 14 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||
| 15 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||
| 16 | State Police Services Fund and $3 of the fee shall be deposited | ||||||
| 17 | in the
State Police Firearm Services Fund. | ||||||
| 18 | (b) Renewal applications shall be approved or denied within | ||||||
| 19 | 60 business days, provided the applicant submitted his or her | ||||||
| 20 | renewal application prior to the expiration of his or her | ||||||
| 21 | Firearm Owner's Identification Card. If a renewal application | ||||||
| 22 | has been submitted prior to the expiration date of the | ||||||
| 23 | applicant's Firearm Owner's Identification Card, the Firearm | ||||||
| 24 | Owner's Identification Card shall remain valid while the | ||||||
| 25 | Department processes the application, unless the person is | ||||||
| |||||||
| |||||||
| 1 | subject to or becomes subject to revocation under this Act. The | ||||||
| 2 | cost for a renewal application shall be $10 which shall be | ||||||
| 3 | deposited into the State Police Firearm Services Fund.
| ||||||
| 4 | (Source: P.A. 100-906, eff. 1-1-19.)
| ||||||
| 5 | (430 ILCS 65/5.1) | ||||||
| 6 | Sec. 5.1. State Police Firearm Services Fund. All moneys | ||||||
| 7 | remaining in the Firearm Owner's Notification Fund on the | ||||||
| 8 | effective date of this
amendatory Act of the 98th General | ||||||
| 9 | Assembly shall be
transferred into the State Police Firearm | ||||||
| 10 | Services Fund, a special
fund created in the State treasury, to | ||||||
| 11 | be expended by the Illinois Department of State Police, for the | ||||||
| 12 | purposes specified in this Act and Section 2605-595 of the | ||||||
| 13 | Illinois Department of State Police Law of the
Civil | ||||||
| 14 | Administrative Code of Illinois.
| ||||||
| 15 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 16 | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| ||||||
| 17 | Sec. 6. Contents of Firearm Owner's Identification Card.
| ||||||
| 18 | (a) A Firearm Owner's Identification Card, issued by the | ||||||
| 19 | Illinois Department of State Police at such places as the | ||||||
| 20 | Director of the Illinois State Police
Department shall
specify, | ||||||
| 21 | shall contain the applicant's name, residence, date of birth, | ||||||
| 22 | sex,
physical description, recent photograph, except as | ||||||
| 23 | provided in subsection (c-5), and signature. Each Firearm | ||||||
| 24 | Owner's
Identification Card must have the expiration date | ||||||
| |||||||
| |||||||
| 1 | boldly and conspicuously
displayed on the face of the card. | ||||||
| 2 | Each Firearm Owner's
Identification Card must have printed on | ||||||
| 3 | it the following: "CAUTION - This
card does not permit bearer | ||||||
| 4 | to UNLAWFULLY carry or use firearms."
Before December 1, 2002,
| ||||||
| 5 | the Department may use a person's digital photograph and | ||||||
| 6 | signature from his or
her
Illinois driver's license or Illinois | ||||||
| 7 | Identification Card, if available. On
and after December 1, | ||||||
| 8 | 2002,
the Department shall use a person's digital photograph | ||||||
| 9 | and signature from his
or her
Illinois driver's license or | ||||||
| 10 | Illinois Identification Card, if available. The
Department | ||||||
| 11 | shall decline to use a person's digital photograph or signature | ||||||
| 12 | if
the digital photograph or signature is the result of or | ||||||
| 13 | associated with
fraudulent or erroneous data, unless otherwise | ||||||
| 14 | provided by law.
| ||||||
| 15 | (b) A person applying for a Firearm Owner's Identification | ||||||
| 16 | Card shall
consent
to the Illinois Department of State Police | ||||||
| 17 | using the applicant's digital driver's
license
or Illinois | ||||||
| 18 | Identification Card photograph, if available, and signature on | ||||||
| 19 | the
applicant's
Firearm Owner's Identification Card. The | ||||||
| 20 | Secretary
of State shall allow the Illinois Department of State | ||||||
| 21 | Police access to the photograph
and signature for the purpose | ||||||
| 22 | of identifying the applicant and issuing to the
applicant a
| ||||||
| 23 | Firearm Owner's Identification Card.
| ||||||
| 24 | (c) The Secretary of State shall conduct a study to | ||||||
| 25 | determine the cost
and
feasibility of creating a method of | ||||||
| 26 | adding an identifiable code, background, or
other means on the | ||||||
| |||||||
| |||||||
| 1 | driver's license or Illinois Identification Card to show
that
| ||||||
| 2 | an individual is not disqualified from owning or possessing a | ||||||
| 3 | firearm under
State or federal law. The Secretary shall report | ||||||
| 4 | the findings of this study
12 months after the effective date | ||||||
| 5 | of this amendatory Act of the 92nd General
Assembly.
| ||||||
| 6 | (c-5) If a person qualifies for a photograph exemption, in | ||||||
| 7 | lieu of a photograph, the Firearm Owner's Identification Card | ||||||
| 8 | shall contain a copy of the card holder's fingerprints. Each | ||||||
| 9 | Firearm Owner's Identification Card described in this | ||||||
| 10 | subsection (c-5) must have printed on it the following: "This | ||||||
| 11 | card is only valid for firearm purchases through a federally | ||||||
| 12 | licensed firearms dealer when presented with photographic | ||||||
| 13 | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | ||||||
| 14 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
| 15 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
| 16 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
| 17 | Department of State Police has authority to deny an
application | ||||||
| 18 | for or to revoke and seize a Firearm Owner's Identification
| ||||||
| 19 | Card previously issued under this Act only if the Department | ||||||
| 20 | finds that the
applicant or the person to whom such card was | ||||||
| 21 | issued is or was at the time
of issuance:
| ||||||
| 22 | (a) A person under 21 years of age who has been | ||||||
| 23 | convicted of a
misdemeanor other than a traffic offense or | ||||||
| 24 | adjudged delinquent;
| ||||||
| 25 | (b) This subsection (b) applies through the 180th day | ||||||
| |||||||
| |||||||
| 1 | following the effective date of this amendatory Act of the | ||||||
| 2 | 101st General Assembly. A person under 21 years of age who | ||||||
| 3 | does not have the written consent
of his parent or guardian | ||||||
| 4 | to acquire and possess firearms and firearm
ammunition, or | ||||||
| 5 | whose parent or guardian has revoked such written consent,
| ||||||
| 6 | or where such parent or guardian does not qualify to have a | ||||||
| 7 | Firearm Owner's
Identification Card; | ||||||
| 8 | (b-5) This subsection (b-5) applies on and after the | ||||||
| 9 | 181st day following the effective date of this amendatory | ||||||
| 10 | Act of the 101st General Assembly. A person under 21 years | ||||||
| 11 | of age who is not an active duty member of the United | ||||||
| 12 | States Armed Forces and does not have the written consent
| ||||||
| 13 | of his or her parent or guardian to acquire and possess | ||||||
| 14 | firearms and firearm
ammunition, or whose parent or | ||||||
| 15 | guardian has revoked such written consent,
or where such | ||||||
| 16 | parent or guardian does not qualify to have a Firearm | ||||||
| 17 | Owner's
Identification Card;
| ||||||
| 18 | (c) A person convicted of a felony under the laws of | ||||||
| 19 | this or any other
jurisdiction;
| ||||||
| 20 | (d) A person addicted to narcotics;
| ||||||
| 21 | (e) A person who has been a patient of a mental health | ||||||
| 22 | facility within the
past 5 years or a person who has been a | ||||||
| 23 | patient in a mental health facility more than 5 years ago | ||||||
| 24 | who has not received the certification required under | ||||||
| 25 | subsection (u) of this Section. An active law enforcement | ||||||
| 26 | officer employed by a unit of government who is denied, | ||||||
| |||||||
| |||||||
| 1 | revoked, or has his or her Firearm Owner's Identification | ||||||
| 2 | Card seized under this subsection (e) may obtain relief as | ||||||
| 3 | described in subsection (c-5) of Section 10 of this Act if | ||||||
| 4 | the officer did not act in a manner threatening to the | ||||||
| 5 | officer, another person, or the public as determined by the | ||||||
| 6 | treating clinical psychologist or physician, and the | ||||||
| 7 | officer seeks mental health treatment;
| ||||||
| 8 | (f) A person whose mental condition is of such a nature | ||||||
| 9 | that it poses
a clear and present danger to the applicant, | ||||||
| 10 | any other person or persons or
the community;
| ||||||
| 11 | (g) A person who has an intellectual disability;
| ||||||
| 12 | (h) A person who intentionally makes a false statement | ||||||
| 13 | in the Firearm
Owner's Identification Card application;
| ||||||
| 14 | (i) An alien who is unlawfully present in
the United | ||||||
| 15 | States under the laws of the United States;
| ||||||
| 16 | (i-5) An alien who has been admitted to the United | ||||||
| 17 | States under a
non-immigrant visa (as that term is defined | ||||||
| 18 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
| 19 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
| 20 | (i-5) does not apply to any alien who has been lawfully | ||||||
| 21 | admitted to
the United States under a non-immigrant visa if | ||||||
| 22 | that alien is:
| ||||||
| 23 | (1) admitted to the United States for lawful | ||||||
| 24 | hunting or sporting purposes;
| ||||||
| 25 | (2) an official representative of a foreign | ||||||
| 26 | government who is:
| ||||||
| |||||||
| |||||||
| 1 | (A) accredited to the United States Government | ||||||
| 2 | or the Government's
mission to an international | ||||||
| 3 | organization having its headquarters in the United
| ||||||
| 4 | States; or
| ||||||
| 5 | (B) en route to or from another country to | ||||||
| 6 | which that alien is
accredited;
| ||||||
| 7 | (3) an official of a foreign government or | ||||||
| 8 | distinguished foreign visitor
who has been so | ||||||
| 9 | designated by the Department of State;
| ||||||
| 10 | (4) a foreign law enforcement officer of a friendly | ||||||
| 11 | foreign government
entering the United States on | ||||||
| 12 | official business; or
| ||||||
| 13 | (5) one who has received a waiver from the Attorney | ||||||
| 14 | General of the United
States pursuant to 18 U.S.C. | ||||||
| 15 | 922(y)(3);
| ||||||
| 16 | (j) (Blank);
| ||||||
| 17 | (k) A person who has been convicted within the past 5 | ||||||
| 18 | years of battery,
assault, aggravated assault, violation | ||||||
| 19 | of an order of protection, or a
substantially similar | ||||||
| 20 | offense in another jurisdiction, in which a firearm was
| ||||||
| 21 | used or possessed;
| ||||||
| 22 | (l) A person who has been convicted of domestic | ||||||
| 23 | battery, aggravated domestic battery, or a substantially
| ||||||
| 24 | similar offense in another jurisdiction committed before, | ||||||
| 25 | on or after January 1, 2012 (the effective date of Public | ||||||
| 26 | Act 97-158). If the applicant or person who has been | ||||||
| |||||||
| |||||||
| 1 | previously issued a Firearm Owner's Identification Card | ||||||
| 2 | under this Act knowingly and intelligently waives the right | ||||||
| 3 | to have an offense described in this paragraph (l) tried by | ||||||
| 4 | a jury, and by guilty plea or otherwise, results in a | ||||||
| 5 | conviction for an offense in which a domestic relationship | ||||||
| 6 | is not a required element of the offense but in which a | ||||||
| 7 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
| 8 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
| 9 | Procedure of 1963, an entry by the court of a judgment of | ||||||
| 10 | conviction for that offense shall be grounds for denying an | ||||||
| 11 | application for and for revoking and seizing a Firearm | ||||||
| 12 | Owner's Identification Card previously issued to the | ||||||
| 13 | person under this Act;
| ||||||
| 14 | (m) (Blank);
| ||||||
| 15 | (n) A person who is prohibited from acquiring or | ||||||
| 16 | possessing
firearms or firearm ammunition by any Illinois | ||||||
| 17 | State statute or by federal
law;
| ||||||
| 18 | (o) A minor subject to a petition filed under Section | ||||||
| 19 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
| 20 | minor is a delinquent minor for
the commission of an | ||||||
| 21 | offense that if committed by an adult would be a felony;
| ||||||
| 22 | (p) An adult who had been adjudicated a delinquent | ||||||
| 23 | minor under the Juvenile
Court Act of 1987 for the | ||||||
| 24 | commission of an offense that if committed by an
adult | ||||||
| 25 | would be a felony;
| ||||||
| 26 | (q) A person who is not a resident of the State of | ||||||
| |||||||
| |||||||
| 1 | Illinois, except as provided in subsection (a-10) of | ||||||
| 2 | Section 4; | ||||||
| 3 | (r) A person who has been adjudicated as a person with | ||||||
| 4 | a mental disability; | ||||||
| 5 | (s) A person who has been found to have a developmental | ||||||
| 6 | disability; | ||||||
| 7 | (t) A person involuntarily admitted into a mental | ||||||
| 8 | health facility; or | ||||||
| 9 | (u) A person who has had his or her Firearm Owner's | ||||||
| 10 | Identification Card revoked or denied under subsection (e) | ||||||
| 11 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
| 12 | (a) of Section 4 of this Act because he or she was a | ||||||
| 13 | patient in a mental health facility as provided in | ||||||
| 14 | subsection (e) of this Section, shall not be permitted to | ||||||
| 15 | obtain a Firearm Owner's Identification Card, after the | ||||||
| 16 | 5-year period has lapsed, unless he or she has received a | ||||||
| 17 | mental health evaluation by a physician, clinical | ||||||
| 18 | psychologist, or qualified examiner as those terms are | ||||||
| 19 | defined in the Mental Health and Developmental | ||||||
| 20 | Disabilities Code, and has received a certification that he | ||||||
| 21 | or she is not a clear and present danger to himself, | ||||||
| 22 | herself, or others. The physician, clinical psychologist, | ||||||
| 23 | or qualified examiner making the certification and his or | ||||||
| 24 | her employer shall not be held criminally, civilly, or | ||||||
| 25 | professionally liable for making or not making the | ||||||
| 26 | certification required under this subsection, except for | ||||||
| |||||||
| |||||||
| 1 | willful or wanton misconduct. This subsection does not | ||||||
| 2 | apply to a person whose firearm possession rights have been | ||||||
| 3 | restored through administrative or judicial action under | ||||||
| 4 | Section 10 or 11 of this Act. | ||||||
| 5 | Upon revocation of a person's Firearm Owner's | ||||||
| 6 | Identification Card, the Illinois Department of State Police | ||||||
| 7 | shall provide notice to the person and the person shall comply | ||||||
| 8 | with Section 9.5 of this Act. | ||||||
| 9 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
| 10 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| ||||||
| 11 | Sec. 8.1. Notifications to the Illinois Department of State | ||||||
| 12 | Police.
| ||||||
| 13 | (a) The Circuit Clerk shall, in the form and manner | ||||||
| 14 | required by the
Supreme Court, notify the Illinois Department | ||||||
| 15 | of State Police of all final dispositions
of cases for which | ||||||
| 16 | the Department has received information reported to it under
| ||||||
| 17 | Sections 2.1 and 2.2 of the Criminal Identification Act.
| ||||||
| 18 | (b) Upon adjudication of any individual as a person with a | ||||||
| 19 | mental disability as defined in Section 1.1 of this Act or a | ||||||
| 20 | finding that a person has been involuntarily admitted, the | ||||||
| 21 | court shall direct the circuit court clerk to immediately | ||||||
| 22 | notify the Illinois Department of State Police, Firearm Owner's | ||||||
| 23 | Identification (FOID) department, and shall forward a copy of | ||||||
| 24 | the court order to the Department. | ||||||
| 25 | (b-1) Beginning July 1, 2016, and each July 1 and December | ||||||
| |||||||
| |||||||
| 1 | 30 of every year thereafter, the circuit court clerk shall, in | ||||||
| 2 | the form and manner prescribed by the Illinois Department of | ||||||
| 3 | State Police, notify the Illinois Department of State Police, | ||||||
| 4 | Firearm Owner's Identification (FOID) department if the court | ||||||
| 5 | has not directed the circuit court clerk to notify the Illinois | ||||||
| 6 | Department of State Police, Firearm Owner's Identification | ||||||
| 7 | (FOID) department under subsection (b) of this Section, within | ||||||
| 8 | the preceding 6 months, because no person has been adjudicated | ||||||
| 9 | as a person with a mental disability by the court as defined in | ||||||
| 10 | Section 1.1 of this Act or if no person has been involuntarily | ||||||
| 11 | admitted. The Supreme Court may adopt any orders or rules | ||||||
| 12 | necessary to identify the persons who shall be reported to the | ||||||
| 13 | Illinois Department of State Police under subsection (b), or | ||||||
| 14 | any other orders or rules necessary to implement the | ||||||
| 15 | requirements of this Act. | ||||||
| 16 | (c) The Department of Human Services shall, in the form and | ||||||
| 17 | manner prescribed by the Illinois Department of State Police, | ||||||
| 18 | report all information collected under subsection (b) of | ||||||
| 19 | Section 12 of the Mental Health and Developmental Disabilities | ||||||
| 20 | Confidentiality Act for the purpose of determining whether a | ||||||
| 21 | person who may be or may have been a patient in a mental health | ||||||
| 22 | facility is disqualified under State or federal law from | ||||||
| 23 | receiving or retaining a Firearm Owner's Identification Card, | ||||||
| 24 | or purchasing a weapon. | ||||||
| 25 | (d) If a person is determined to pose a clear and present | ||||||
| 26 | danger to himself, herself, or to others: | ||||||
| |||||||
| |||||||
| 1 | (1) by a physician, clinical psychologist, or | ||||||
| 2 | qualified examiner, or is determined to have a | ||||||
| 3 | developmental disability by a physician, clinical | ||||||
| 4 | psychologist, or qualified examiner, whether employed by | ||||||
| 5 | the State or privately, then the physician, clinical | ||||||
| 6 | psychologist, or qualified examiner shall, within 24 hours | ||||||
| 7 | of making the determination, notify the Department of Human | ||||||
| 8 | Services that the person poses a clear and present danger | ||||||
| 9 | or has a developmental disability; or | ||||||
| 10 | (2) by a law enforcement official or school | ||||||
| 11 | administrator, then the law enforcement official or school | ||||||
| 12 | administrator shall, within 24 hours of making the | ||||||
| 13 | determination, notify the Illinois Department of State | ||||||
| 14 | Police that the person poses a clear and present danger. | ||||||
| 15 | The Department of Human Services shall immediately update | ||||||
| 16 | its records and information relating to mental health and | ||||||
| 17 | developmental disabilities, and if appropriate, shall notify | ||||||
| 18 | the Illinois Department of State Police in a form and manner | ||||||
| 19 | prescribed by the Illinois Department of State Police. The | ||||||
| 20 | Illinois Department of State Police shall determine whether to | ||||||
| 21 | revoke the person's Firearm Owner's Identification Card under | ||||||
| 22 | Section 8 of this Act. Any information disclosed under this | ||||||
| 23 | subsection shall remain privileged and confidential, and shall | ||||||
| 24 | not be redisclosed, except as required under subsection (e) of | ||||||
| 25 | Section 3.1 of this Act, nor used for any other purpose. The | ||||||
| 26 | method of providing this information shall guarantee that the | ||||||
| |||||||
| |||||||
| 1 | information is not released beyond what is necessary for the | ||||||
| 2 | purpose of this Section and shall be provided by rule by the | ||||||
| 3 | Department of Human Services. The identity of the person | ||||||
| 4 | reporting under this Section shall not be disclosed to the | ||||||
| 5 | subject of the report. The physician, clinical psychologist, | ||||||
| 6 | qualified examiner, law enforcement official, or school | ||||||
| 7 | administrator making the determination and his or her employer | ||||||
| 8 | shall not be held criminally, civilly, or professionally liable | ||||||
| 9 | for making or not making the notification required under this | ||||||
| 10 | subsection, except for willful or wanton misconduct. | ||||||
| 11 | (e) The Illinois Department of State Police shall adopt | ||||||
| 12 | rules to implement this Section. | ||||||
| 13 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143, | ||||||
| 14 | eff. 7-27-15; 99-696, eff. 7-29-16.)
| ||||||
| 15 | (430 ILCS 65/8.2) | ||||||
| 16 | Sec. 8.2. Firearm Owner's Identification Card denial or | ||||||
| 17 | revocation. The Illinois Department of State Police shall deny | ||||||
| 18 | an application or shall revoke and seize a Firearm Owner's | ||||||
| 19 | Identification Card previously issued under this Act if the | ||||||
| 20 | Department finds that the applicant or person to whom such card | ||||||
| 21 | was issued is or was at the time of issuance subject to an | ||||||
| 22 | existing order of protection or firearms restraining order.
| ||||||
| 23 | (Source: P.A. 100-607, eff. 1-1-19.)
| ||||||
| 24 | (430 ILCS 65/8.3) | ||||||
| |||||||
| |||||||
| 1 | Sec. 8.3. Suspension of Firearm Owner's Identification | ||||||
| 2 | Card. The Illinois Department of State Police may, by rule in a | ||||||
| 3 | manner consistent with the Department's rules concerning | ||||||
| 4 | revocation, provide for the suspension of the Firearm Owner's | ||||||
| 5 | Identification Card of a person whose Firearm Owner's | ||||||
| 6 | Identification Card is subject to revocation and seizure under | ||||||
| 7 | this Act for the duration of the disqualification if the | ||||||
| 8 | disqualification is not a permanent grounds for revocation of a | ||||||
| 9 | Firearm Owner's Identification Card under this Act.
| ||||||
| 10 | (Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)
| ||||||
| 11 | (430 ILCS 65/9.5) | ||||||
| 12 | Sec. 9.5. Revocation of Firearm Owner's Identification
| ||||||
| 13 | Card. | ||||||
| 14 | (a) A person who receives a revocation notice under Section | ||||||
| 15 | 9 of this Act shall, within 48 hours of receiving notice of the | ||||||
| 16 | revocation: | ||||||
| 17 | (1) surrender his or her Firearm Owner's | ||||||
| 18 | Identification Card to the local law enforcement agency | ||||||
| 19 | where the person resides. The local law enforcement agency | ||||||
| 20 | shall provide the person a receipt and transmit the Firearm | ||||||
| 21 | Owner's Identification Card to the Illinois Department of | ||||||
| 22 | State Police; and | ||||||
| 23 | (2) complete a Firearm Disposition Record on a form | ||||||
| 24 | prescribed by the Illinois Department of State Police and | ||||||
| 25 | place his or her firearms in the location or with the | ||||||
| |||||||
| |||||||
| 1 | person reported in the Firearm Disposition Record. The form | ||||||
| 2 | shall require the person to disclose: | ||||||
| 3 | (A) the make, model, and serial number of each | ||||||
| 4 | firearm owned by or under the custody and control of | ||||||
| 5 | the revoked person; | ||||||
| 6 | (B) the location where each firearm will be | ||||||
| 7 | maintained during the prohibited term; and | ||||||
| 8 | (C) if any firearm will be transferred to the | ||||||
| 9 | custody of another person, the name, address and | ||||||
| 10 | Firearm Owner's Identification Card number of the | ||||||
| 11 | transferee. | ||||||
| 12 | (b) The local law enforcement agency shall provide a copy | ||||||
| 13 | of the Firearm Disposition Record to the person whose Firearm | ||||||
| 14 | Owner's Identification Card has been revoked and to the | ||||||
| 15 | Illinois Department of State Police. | ||||||
| 16 | (c) If the person whose Firearm Owner's Identification Card | ||||||
| 17 | has been revoked fails to comply with the requirements of this | ||||||
| 18 | Section, the sheriff or law enforcement agency where the person | ||||||
| 19 | resides may petition the circuit court to issue a warrant to | ||||||
| 20 | search for and seize the Firearm Owner's Identification Card | ||||||
| 21 | and firearms in the possession or under the custody or control | ||||||
| 22 | of the person whose Firearm Owner's Identification Card has | ||||||
| 23 | been revoked. | ||||||
| 24 | (d) A violation of subsection (a) of this Section is a | ||||||
| 25 | Class A misdemeanor. | ||||||
| 26 | (e) The observation of a Firearm Owner's Identification | ||||||
| |||||||
| |||||||
| 1 | Card in the possession of a person whose Firearm Owner's | ||||||
| 2 | Identification Card has been revoked constitutes a sufficient | ||||||
| 3 | basis for the arrest of that person for violation of this | ||||||
| 4 | Section. | ||||||
| 5 | (f) Within 30 days after the effective date of this | ||||||
| 6 | amendatory Act of the 98th General Assembly, the Illinois | ||||||
| 7 | Department of State Police shall provide written notice of the | ||||||
| 8 | requirements of this Section to persons whose Firearm Owner's | ||||||
| 9 | Identification Cards have been revoked, suspended, or expired | ||||||
| 10 | and who have failed to surrender their cards to the Department. | ||||||
| 11 | (g) A person whose Firearm Owner's Identification Card has | ||||||
| 12 | been revoked and who received notice under subsection (f) shall | ||||||
| 13 | comply with the requirements of this Section within 48 hours of | ||||||
| 14 | receiving notice.
| ||||||
| 15 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 16 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
| 17 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
| 18 | prohibitions. | ||||||
| 19 | (a) Whenever an application for a Firearm Owner's | ||||||
| 20 | Identification
Card is denied, whenever the Department fails to | ||||||
| 21 | act on an application
within 30 days of its receipt, or | ||||||
| 22 | whenever such a Card is revoked or seized
as provided for in | ||||||
| 23 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
| 24 | Director of the Illinois State Police for a hearing upon
such | ||||||
| 25 | denial, revocation or seizure, unless the denial, revocation, | ||||||
| |||||||
| |||||||
| 1 | or seizure
was based upon a forcible felony, stalking, | ||||||
| 2 | aggravated stalking, domestic
battery, any violation of the | ||||||
| 3 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
| 4 | Control and Community Protection Act, or the
Cannabis Control | ||||||
| 5 | Act that is classified as a Class 2 or greater felony,
any
| ||||||
| 6 | felony violation of Article 24 of the Criminal Code of 1961 or | ||||||
| 7 | the Criminal Code of 2012, or any
adjudication as a delinquent | ||||||
| 8 | minor for the commission of an
offense that if committed by an | ||||||
| 9 | adult would be a felony, in which case the
aggrieved party may | ||||||
| 10 | petition the circuit court in writing in the county of
his or | ||||||
| 11 | her residence for a hearing upon such denial, revocation, or | ||||||
| 12 | seizure.
| ||||||
| 13 | (b) At least 30 days before any hearing in the circuit | ||||||
| 14 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
| 15 | with a copy of the petition. The State's Attorney
may object to | ||||||
| 16 | the petition and present evidence. At the hearing the court
| ||||||
| 17 | shall
determine whether substantial justice has been done. | ||||||
| 18 | Should the court
determine that substantial justice has not | ||||||
| 19 | been done, the court shall issue an
order directing the | ||||||
| 20 | Illinois Department of State Police to issue a Card. However, | ||||||
| 21 | the court shall not issue the order if the petitioner is | ||||||
| 22 | otherwise prohibited from obtaining, possessing, or using a | ||||||
| 23 | firearm under
federal law.
| ||||||
| 24 | (c) Any person prohibited from possessing a firearm under | ||||||
| 25 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
| 26 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
| |||||||
| |||||||
| 1 | of this Act may apply to
the Director
of the Illinois State | ||||||
| 2 | Police
or petition the circuit court in the county where the | ||||||
| 3 | petitioner resides,
whichever is applicable in accordance with | ||||||
| 4 | subsection (a) of this Section,
requesting relief
from such | ||||||
| 5 | prohibition and the Director or court may grant such relief if | ||||||
| 6 | it
is
established by the applicant to the court's or Director's | ||||||
| 7 | satisfaction
that:
| ||||||
| 8 | (0.05) when in the circuit court, the State's Attorney | ||||||
| 9 | has been served
with a written
copy of the
petition at | ||||||
| 10 | least 30 days before any such hearing in the circuit court | ||||||
| 11 | and at
the hearing the
State's Attorney was afforded an | ||||||
| 12 | opportunity to present evidence and object to
the petition;
| ||||||
| 13 | (1) the applicant has not been convicted of a forcible | ||||||
| 14 | felony under the
laws of this State or any other | ||||||
| 15 | jurisdiction within 20 years of the
applicant's | ||||||
| 16 | application for a Firearm Owner's Identification Card, or | ||||||
| 17 | at
least 20 years have passed since the end of any period | ||||||
| 18 | of imprisonment
imposed in relation to that conviction;
| ||||||
| 19 | (2) the circumstances regarding a criminal conviction, | ||||||
| 20 | where applicable,
the applicant's criminal history and his | ||||||
| 21 | reputation are such that the applicant
will not be likely | ||||||
| 22 | to act in a manner dangerous to public safety;
| ||||||
| 23 | (3) granting relief would not be contrary to the public | ||||||
| 24 | interest; and | ||||||
| 25 | (4) granting relief would not be contrary to federal | ||||||
| 26 | law.
| ||||||
| |||||||
| |||||||
| 1 | (c-5) (1) An active law enforcement officer employed by a | ||||||
| 2 | unit of government, who is denied, revoked, or has his or her | ||||||
| 3 | Firearm Owner's Identification Card seized under subsection | ||||||
| 4 | (e) of Section 8 of this Act may apply to the Director of the | ||||||
| 5 | Illinois State Police requesting relief if the officer did not | ||||||
| 6 | act in a manner threatening to the officer, another person, or | ||||||
| 7 | the public as determined by the treating clinical psychologist | ||||||
| 8 | or physician, and as a result of his or her work is referred by | ||||||
| 9 | the employer for or voluntarily seeks mental health evaluation | ||||||
| 10 | or treatment by a licensed clinical psychologist, | ||||||
| 11 | psychiatrist, or qualified examiner, and: | ||||||
| 12 | (A) the officer has not received treatment | ||||||
| 13 | involuntarily at a mental health facility, regardless of | ||||||
| 14 | the length of admission; or has not been voluntarily | ||||||
| 15 | admitted to a mental health facility for more than 30 days | ||||||
| 16 | and not for more than one incident within the past 5 years; | ||||||
| 17 | and | ||||||
| 18 | (B) the officer has not left the mental institution | ||||||
| 19 | against medical advice. | ||||||
| 20 | (2) The Director of the Illinois State Police shall grant | ||||||
| 21 | expedited relief to active law enforcement officers described | ||||||
| 22 | in paragraph (1) of this subsection (c-5) upon a determination | ||||||
| 23 | by the Director that the officer's possession of a firearm does | ||||||
| 24 | not present a threat to themselves, others, or public safety. | ||||||
| 25 | The Director shall act on the request for relief within 30 | ||||||
| 26 | business days of receipt of: | ||||||
| |||||||
| |||||||
| 1 | (A) a notarized statement from the officer in the form | ||||||
| 2 | prescribed by the Director detailing the circumstances | ||||||
| 3 | that led to the hospitalization; | ||||||
| 4 | (B) all documentation regarding the admission, | ||||||
| 5 | evaluation, treatment and discharge from the treating | ||||||
| 6 | licensed clinical psychologist or psychiatrist of the | ||||||
| 7 | officer; | ||||||
| 8 | (C) a psychological fitness for duty evaluation of the | ||||||
| 9 | person completed after the time of discharge; and | ||||||
| 10 | (D) written confirmation in the form prescribed by the | ||||||
| 11 | Director from the treating licensed clinical psychologist | ||||||
| 12 | or psychiatrist that the provisions set forth in paragraph | ||||||
| 13 | (1) of this subsection (c-5) have been met, the person | ||||||
| 14 | successfully completed treatment, and their professional | ||||||
| 15 | opinion regarding the person's ability to possess | ||||||
| 16 | firearms. | ||||||
| 17 | (3) Officers eligible for the expedited relief in paragraph | ||||||
| 18 | (2) of this subsection (c-5) have the burden of proof on | ||||||
| 19 | eligibility and must provide all information required. The | ||||||
| 20 | Director may not consider granting expedited relief until the | ||||||
| 21 | proof and information is received. | ||||||
| 22 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
| 23 | "qualified examiner" shall have the same meaning as provided in | ||||||
| 24 | Chapter I of the Mental Health and Developmental Disabilities | ||||||
| 25 | Code. | ||||||
| 26 | (c-10) (1) An applicant, who is denied, revoked, or has his | ||||||
| |||||||
| |||||||
| 1 | or her Firearm Owner's Identification Card seized under | ||||||
| 2 | subsection (e) of Section 8 of this Act based upon a | ||||||
| 3 | determination of a developmental disability or an intellectual | ||||||
| 4 | disability may apply to the Director of the Illinois State | ||||||
| 5 | Police requesting relief. | ||||||
| 6 | (2) The Director shall act on the request for relief within | ||||||
| 7 | 60 business days of receipt of written certification, in the | ||||||
| 8 | form prescribed by the Director, from a physician or clinical | ||||||
| 9 | psychologist, or qualified examiner, that the aggrieved | ||||||
| 10 | party's developmental disability or intellectual disability | ||||||
| 11 | condition is determined by a physician, clinical psychologist, | ||||||
| 12 | or qualified to be mild. If a fact-finding conference is | ||||||
| 13 | scheduled to obtain additional information concerning the | ||||||
| 14 | circumstances of the denial or revocation, the 60 business days | ||||||
| 15 | the Director has to act shall be tolled until the completion of | ||||||
| 16 | the fact-finding conference. | ||||||
| 17 | (3) The Director may grant relief if the aggrieved party's | ||||||
| 18 | developmental disability or intellectual disability is mild as | ||||||
| 19 | determined by a physician, clinical psychologist, or qualified | ||||||
| 20 | examiner and it is established by the applicant to the | ||||||
| 21 | Director's satisfaction that: | ||||||
| 22 | (A) granting relief would not be contrary to the public | ||||||
| 23 | interest; and | ||||||
| 24 | (B) granting relief would not be contrary to federal | ||||||
| 25 | law. | ||||||
| 26 | (4) The Director may not grant relief if the condition is | ||||||
| |||||||
| |||||||
| 1 | determined by a physician, clinical psychologist, or qualified | ||||||
| 2 | examiner to be moderate, severe, or profound. | ||||||
| 3 | (5) The changes made to this Section by this amendatory Act | ||||||
| 4 | of the 99th General Assembly apply to requests for
relief | ||||||
| 5 | pending on or before the effective date of this amendatory Act, | ||||||
| 6 | except that the 60-day period for the Director to act on | ||||||
| 7 | requests pending before the effective date shall begin
on the | ||||||
| 8 | effective date of this amendatory Act. | ||||||
| 9 | (d) When a minor is adjudicated delinquent for an offense | ||||||
| 10 | which if
committed by an adult would be a felony, the court | ||||||
| 11 | shall notify the Illinois Department of State Police.
| ||||||
| 12 | (e) The court shall review the denial of an application or | ||||||
| 13 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
| 14 | person who has been adjudicated
delinquent for an offense that | ||||||
| 15 | if
committed by an adult would be a felony if an
application | ||||||
| 16 | for relief has been filed at least 10 years after the | ||||||
| 17 | adjudication
of delinquency and the court determines that the | ||||||
| 18 | applicant should be
granted relief from disability to obtain a | ||||||
| 19 | Firearm Owner's Identification Card.
If the court grants | ||||||
| 20 | relief, the court shall notify the Illinois Department of State | ||||||
| 21 | Police that the disability has
been removed and that the | ||||||
| 22 | applicant is eligible to obtain a Firearm Owner's
| ||||||
| 23 | Identification Card.
| ||||||
| 24 | (f) Any person who is subject to the disabilities of 18 | ||||||
| 25 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
| 26 | of 1968 because of an adjudication or commitment that occurred | ||||||
| |||||||
| |||||||
| 1 | under the laws of this State or who was determined to be | ||||||
| 2 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
| 3 | Section 8 of this Act may apply to the Illinois Department of | ||||||
| 4 | State Police requesting relief from that prohibition. The | ||||||
| 5 | Director shall grant the relief if it is established by a | ||||||
| 6 | preponderance of the evidence that the person will not be | ||||||
| 7 | likely to act in a manner dangerous to public safety and that | ||||||
| 8 | granting relief would not be contrary to the public interest. | ||||||
| 9 | In making this determination, the Director shall receive | ||||||
| 10 | evidence concerning (i) the circumstances regarding the | ||||||
| 11 | firearms disabilities from which relief is sought; (ii) the | ||||||
| 12 | petitioner's mental health and criminal history records, if | ||||||
| 13 | any; (iii) the petitioner's reputation, developed at a minimum | ||||||
| 14 | through character witness statements, testimony, or other | ||||||
| 15 | character evidence; and (iv) changes in the petitioner's | ||||||
| 16 | condition or circumstances since the disqualifying events | ||||||
| 17 | relevant to the relief sought. If relief is granted under this | ||||||
| 18 | subsection or by order of a court under this Section, the | ||||||
| 19 | Director shall as soon as practicable but in no case later than | ||||||
| 20 | 15 business days, update, correct, modify, or remove the | ||||||
| 21 | person's record in any database that the Illinois Department of | ||||||
| 22 | State Police makes available to the National Instant Criminal | ||||||
| 23 | Background Check System and notify the United States Attorney | ||||||
| 24 | General that the basis for the record being made available no | ||||||
| 25 | longer applies. The Illinois Department of State Police shall | ||||||
| 26 | adopt rules for the administration of this Section. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, | ||||||
| 2 | eff. 7-20-15.)
| ||||||
| 3 | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
| ||||||
| 4 | Sec. 11. Judicial review of final administrative | ||||||
| 5 | decisions. | ||||||
| 6 | (a) All final administrative decisions of the Department | ||||||
| 7 | under this
Act, except final administrative decisions of the | ||||||
| 8 | Director of the Illinois State Police to deny a person's | ||||||
| 9 | application for relief under subsection (f) of Section 10 of | ||||||
| 10 | this Act, shall be subject to judicial review under the | ||||||
| 11 | provisions of the Administrative
Review Law, and all amendments | ||||||
| 12 | and
modifications thereof, and the rules adopted pursuant | ||||||
| 13 | thereto. The term
"administrative decision" is defined as in | ||||||
| 14 | Section 3-101 of the Code of
Civil Procedure.
| ||||||
| 15 | (b) Any final administrative decision by the Director of | ||||||
| 16 | the Illinois State Police to deny a person's application for | ||||||
| 17 | relief under subsection (f) of Section 10 of this Act is | ||||||
| 18 | subject to de novo judicial review by the circuit court, and | ||||||
| 19 | any party may offer evidence that is otherwise proper and | ||||||
| 20 | admissible without regard to whether that evidence is part of | ||||||
| 21 | the administrative record. | ||||||
| 22 | (c) The Director of the Illinois State Police shall submit | ||||||
| 23 | a report to the General
Assembly on March 1 of each year, | ||||||
| 24 | beginning March 1, 1991, listing all
final decisions by a court | ||||||
| 25 | of this State upholding, reversing, or
reversing in part any | ||||||
| |||||||
| |||||||
| 1 | administrative decision made by the Illinois Department of | ||||||
| 2 | State Police.
| ||||||
| 3 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
| 4 | (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
| ||||||
| 5 | Sec. 13.1. Preemption.
| ||||||
| 6 | (a) Except as otherwise provided in the Firearm Concealed | ||||||
| 7 | Carry Act and subsections (b) and (c) of this Section, the | ||||||
| 8 | provisions of any ordinance enacted by any municipality which
| ||||||
| 9 | requires registration or imposes greater restrictions or | ||||||
| 10 | limitations on the
acquisition, possession and transfer of | ||||||
| 11 | firearms than are imposed by this
Act, are not invalidated or | ||||||
| 12 | affected by this Act.
| ||||||
| 13 | (b) Notwithstanding subsection (a) of this Section, the | ||||||
| 14 | regulation, licensing, possession, and registration of | ||||||
| 15 | handguns and ammunition for a handgun, and the transportation | ||||||
| 16 | of any firearm and ammunition by a holder of a valid Firearm | ||||||
| 17 | Owner's Identification Card issued by the Illinois Department | ||||||
| 18 | of State Police under this Act are exclusive powers and | ||||||
| 19 | functions of this State. Any ordinance or regulation, or | ||||||
| 20 | portion of that ordinance or regulation, enacted on or before | ||||||
| 21 | the effective date of this amendatory Act of the 98th General | ||||||
| 22 | Assembly that purports to impose regulations or restrictions on | ||||||
| 23 | a holder of a valid Firearm Owner's Identification Card issued | ||||||
| 24 | by the Illinois Department of State Police under this Act in a | ||||||
| 25 | manner that is inconsistent with this Act, on the effective | ||||||
| |||||||
| |||||||
| 1 | date of this amendatory Act of the 98th General Assembly, shall | ||||||
| 2 | be invalid in its application to a holder of a valid Firearm | ||||||
| 3 | Owner's Identification Card issued by the Illinois Department | ||||||
| 4 | of State Police under this Act. | ||||||
| 5 | (c) Notwithstanding subsection (a) of this Section, the | ||||||
| 6 | regulation of the possession or ownership of assault weapons | ||||||
| 7 | are exclusive powers and functions of this State. Any ordinance | ||||||
| 8 | or regulation, or portion of that ordinance or regulation, that | ||||||
| 9 | purports to regulate the possession or ownership of assault | ||||||
| 10 | weapons in a manner that is inconsistent with this Act, shall | ||||||
| 11 | be invalid unless the ordinance or regulation is enacted on, | ||||||
| 12 | before, or within 10 days after the effective date of this | ||||||
| 13 | amendatory Act of the 98th General Assembly. Any ordinance or | ||||||
| 14 | regulation described in this subsection (c) enacted more than | ||||||
| 15 | 10 days after the effective date of this amendatory Act of the | ||||||
| 16 | 98th General Assembly is invalid. An ordinance enacted on, | ||||||
| 17 | before, or within 10 days after the effective date of this | ||||||
| 18 | amendatory Act of the 98th General Assembly may be amended. The | ||||||
| 19 | enactment or amendment of ordinances under this subsection (c) | ||||||
| 20 | are subject to the submission requirements of Section 13.3. For | ||||||
| 21 | the purposes of this subsection, "assault weapons" means | ||||||
| 22 | firearms designated by either make or model or by a test or | ||||||
| 23 | list of cosmetic features that cumulatively would place the | ||||||
| 24 | firearm into a definition of "assault weapon" under the | ||||||
| 25 | ordinance. | ||||||
| 26 | (d) For the purposes of this Section, "handgun" has the | ||||||
| |||||||
| |||||||
| 1 | meaning ascribed to it in Section 5 of the Firearm Concealed | ||||||
| 2 | Carry Act. | ||||||
| 3 | (e) This Section is a denial and limitation of home rule | ||||||
| 4 | powers and functions under subsection (h) of Section 6 of | ||||||
| 5 | Article VII of the Illinois Constitution. | ||||||
| 6 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 7 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
| 8 | Sec. 13.2. Renewal; name or address change; replacement | ||||||
| 9 | card. The Illinois Department of State Police shall, 60 days
| ||||||
| 10 | prior to the expiration of a Firearm Owner's Identification | ||||||
| 11 | Card,
forward by first class mail to each person whose card is | ||||||
| 12 | to expire a
notification of the
expiration of the card and | ||||||
| 13 | instructions for renewal.
It is the obligation of the holder of | ||||||
| 14 | a Firearm Owner's Identification Card
to notify the Illinois | ||||||
| 15 | Department of State Police of any address change since the
| ||||||
| 16 | issuance of
the Firearm Owner's Identification Card. Whenever | ||||||
| 17 | any person moves from the residence address named on his or her | ||||||
| 18 | card, the person shall within 21 calendar days thereafter | ||||||
| 19 | notify in a form and manner prescribed by the Department of his | ||||||
| 20 | or her old and new residence addresses and the card number held | ||||||
| 21 | by him or her. Any person whose legal name has changed from the | ||||||
| 22 | name on the card that he or she has been previously issued must | ||||||
| 23 | apply for a corrected card within 30 calendar days after the | ||||||
| 24 | change. The cost for a corrected card shall be $5. The cost for | ||||||
| 25 | replacement of a card which has been lost, destroyed, or stolen | ||||||
| |||||||
| |||||||
| 1 | shall be $5 if the loss, destruction, or theft of the card is | ||||||
| 2 | reported to the Illinois Department of State Police. The fees | ||||||
| 3 | collected under this Section shall be deposited into the State | ||||||
| 4 | Police Firearm Services Fund.
| ||||||
| 5 | (Source: P.A. 100-906, eff. 1-1-19.)
| ||||||
| 6 | (430 ILCS 65/13.3)
| ||||||
| 7 | Sec. 13.3. Municipal ordinance submission. Within 6 months | ||||||
| 8 | after the
effective date of
this amendatory Act of the 92nd | ||||||
| 9 | General Assembly, every municipality must
submit
to the | ||||||
| 10 | Illinois Department of State Police a copy of every ordinance | ||||||
| 11 | adopted by the
municipality
that regulates the acquisition, | ||||||
| 12 | possession, sale, or transfer of firearms
within the
| ||||||
| 13 | municipality
and must submit, 30 days after adoption, every | ||||||
| 14 | such ordinance
adopted
after its initial submission of | ||||||
| 15 | ordinances under this Section. The Illinois Department of State | ||||||
| 16 | Police shall compile these ordinances and
publish
them in a | ||||||
| 17 | form available to the public free of charge and shall | ||||||
| 18 | periodically
update this
compilation of ordinances in a manner | ||||||
| 19 | prescribed by the Director of the Illinois State
Police.
| ||||||
| 20 | (Source: P.A. 92-238, eff. 8-3-01.)
| ||||||
| 21 | (430 ILCS 65/15a) (from Ch. 38, par. 83-15a)
| ||||||
| 22 | Sec. 15a.
When this amendatory Act enacted by the | ||||||
| 23 | Seventy-Sixth General Assembly
takes effect the records of the | ||||||
| 24 | Department of Public Safety relating to the
administration of | ||||||
| |||||||
| |||||||
| 1 | the Act amended shall be transferred to the Illinois Department | ||||||
| 2 | of State Police. All Firearm Owner's Identification
Cards | ||||||
| 3 | issued by the
Department of Public Safety shall be valid for | ||||||
| 4 | the period for which they
were issued unless revoked or seized | ||||||
| 5 | in the manner provided in the Act
amended. The Illinois | ||||||
| 6 | Department of State Police as the successor to the
Department | ||||||
| 7 | of Public Safety shall have the rights, powers and duties
| ||||||
| 8 | provided in, and be subject to the provisions of Sections 5-95, | ||||||
| 9 | 5-700, and
5-705 of the Departments of State Government Law (20 | ||||||
| 10 | ILCS 5/5-95, 5/5-700, and
5/5-705).
| ||||||
| 11 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 12 | (430 ILCS 65/15b)
| ||||||
| 13 | Sec. 15b. Certified abstracts. Any certified abstract | ||||||
| 14 | issued by the
Director of the Illinois State
Police or | ||||||
| 15 | transmitted electronically by the Director of the Illinois | ||||||
| 16 | State Police under this
Section to a
court or on request of a | ||||||
| 17 | law enforcement agency for the record of a named
person as to
| ||||||
| 18 | the status of the person's Firearm Owner's Identification Card | ||||||
| 19 | is prima facie
evidence of
the facts stated in the certified | ||||||
| 20 | abstract and if the name appearing in the
abstract is the
same | ||||||
| 21 | as that of a person named in an information or warrant, the | ||||||
| 22 | abstract is
prima facie
evidence that the person named in the | ||||||
| 23 | information or warrant is the same person
as the
person named | ||||||
| 24 | in the abstract and is admissible for any prosecution under | ||||||
| 25 | this
Act or any
other applicable violation of law and may be | ||||||
| |||||||
| |||||||
| 1 | admitted as proof of any prior
conviction or proof of records, | ||||||
| 2 | notices, or orders recorded on individual
Firearm Owner's | ||||||
| 3 | Identification Card records maintained by the Illinois | ||||||
| 4 | Department of State Police.
| ||||||
| 5 | (Source: P.A. 92-839, eff. 8-22-02.)
| ||||||
| 6 | Section 870. The Firearm Concealed Carry Act is amended by | ||||||
| 7 | changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, | ||||||
| 8 | 65, 70, 75, 80, 87, 95, and 105 as follows:
| ||||||
| 9 | (430 ILCS 66/5)
| ||||||
| 10 | Sec. 5. Definitions. As used in this Act: | ||||||
| 11 | "Applicant" means a person who is applying for a license to | ||||||
| 12 | carry a concealed firearm under this Act. | ||||||
| 13 | "Board" means the Concealed Carry Licensing Review Board. | ||||||
| 14 | "Concealed firearm" means a loaded or unloaded handgun | ||||||
| 15 | carried on or about a person completely or mostly concealed | ||||||
| 16 | from view of the public or on or about a person within a | ||||||
| 17 | vehicle. | ||||||
| 18 | "Department" means the Department of State Police. | ||||||
| 19 | "Director" means the Director of the Illinois State Police. | ||||||
| 20 | "Handgun" means any device which is designed to expel a | ||||||
| 21 | projectile or projectiles by the action of an explosion, | ||||||
| 22 | expansion of gas, or escape of gas that is designed to be held | ||||||
| 23 | and fired by the use of a single hand. "Handgun" does not | ||||||
| 24 | include: | ||||||
| |||||||
| |||||||
| 1 | (1) a stun gun or taser; | ||||||
| 2 | (2) a machine gun as defined in item (i) of paragraph | ||||||
| 3 | (7) of subsection (a) of Section 24-1 of the Criminal Code | ||||||
| 4 | of 2012; | ||||||
| 5 | (3) a short-barreled rifle or shotgun as defined in | ||||||
| 6 | item (ii) of paragraph (7) of subsection (a) of Section | ||||||
| 7 | 24-1 of the Criminal Code of 2012; or | ||||||
| 8 | (4) any pneumatic gun, spring gun, paint ball gun, or | ||||||
| 9 | B-B gun which
expels a single globular projectile not | ||||||
| 10 | exceeding .18 inch in
diameter, or which has a maximum | ||||||
| 11 | muzzle velocity of less than 700 feet
per second, or which | ||||||
| 12 | expels breakable paint balls containing washable marking | ||||||
| 13 | colors. | ||||||
| 14 | "Law enforcement agency" means any federal, State, or local | ||||||
| 15 | law enforcement agency, including offices of State's Attorneys | ||||||
| 16 | and the Office of the Attorney General. | ||||||
| 17 | "License" means a license issued by the Illinois Department | ||||||
| 18 | of State Police to carry a concealed handgun. | ||||||
| 19 | "Licensee" means a person issued a license to carry a | ||||||
| 20 | concealed handgun. | ||||||
| 21 | "Municipality" has the meaning ascribed to it in Section 1 | ||||||
| 22 | of Article VII of the Illinois Constitution. | ||||||
| 23 | "Unit of local government" has the meaning ascribed to it | ||||||
| 24 | in Section 1 of Article VII of the Illinois Constitution.
| ||||||
| 25 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| |||||||
| |||||||
| 1 | (430 ILCS 66/10)
| ||||||
| 2 | Sec. 10. Issuance of licenses to carry a concealed firearm. | ||||||
| 3 | (a) The Illinois State Police Department shall issue a | ||||||
| 4 | license to carry a concealed firearm under this Act to an | ||||||
| 5 | applicant who: | ||||||
| 6 | (1) meets the qualifications of Section 25 of this Act; | ||||||
| 7 | (2) has provided the application and documentation | ||||||
| 8 | required in Section 30 of this Act; | ||||||
| 9 | (3) has submitted the requisite fees; and | ||||||
| 10 | (4) does not pose a danger to himself, herself, or | ||||||
| 11 | others, or a threat to public safety as determined by the | ||||||
| 12 | Concealed Carry Licensing Review Board in accordance with | ||||||
| 13 | Section 20. | ||||||
| 14 | (b) The Illinois State Police Department shall issue a | ||||||
| 15 | renewal, corrected, or duplicate license as provided in this | ||||||
| 16 | Act. | ||||||
| 17 | (c) A license shall be valid throughout the State for a | ||||||
| 18 | period of 5 years from the date of issuance. A license shall | ||||||
| 19 | permit the licensee to: | ||||||
| 20 | (1) carry a loaded or unloaded concealed firearm, fully | ||||||
| 21 | concealed or partially concealed, on or about his or her | ||||||
| 22 | person; and
| ||||||
| 23 | (2) keep or carry a loaded or unloaded concealed | ||||||
| 24 | firearm on or about his or her person within a vehicle. | ||||||
| 25 | (d) The Illinois State Police Department shall make | ||||||
| 26 | applications for a license available no later than 180 days | ||||||
| |||||||
| |||||||
| 1 | after the effective date of this Act. The Illinois State Police | ||||||
| 2 | Department shall establish rules for the availability and | ||||||
| 3 | submission of applications in accordance with this Act. | ||||||
| 4 | (e) An application for a license submitted to the Illinois | ||||||
| 5 | State Police Department that contains all the information and | ||||||
| 6 | materials required by this Act, including the requisite fee, | ||||||
| 7 | shall be deemed completed. Except as otherwise provided in this | ||||||
| 8 | Act, no later than 90 days after receipt of a completed | ||||||
| 9 | application, the Illinois State Police Department shall issue | ||||||
| 10 | or deny the applicant a license. | ||||||
| 11 | (f) The Illinois State Police Department shall deny the | ||||||
| 12 | applicant a license if the applicant fails to meet the | ||||||
| 13 | requirements under this Act or the Illinois State Police | ||||||
| 14 | Department receives a determination from the Board that the | ||||||
| 15 | applicant is ineligible for a license. The Illinois State | ||||||
| 16 | Police Department must notify the applicant stating the grounds | ||||||
| 17 | for the denial. The notice of denial must inform the applicant | ||||||
| 18 | of his or her right to an appeal through administrative and | ||||||
| 19 | judicial review. | ||||||
| 20 | (g) A licensee shall possess a license at all times the | ||||||
| 21 | licensee carries a concealed firearm except: | ||||||
| 22 | (1) when the licensee is carrying or possessing a | ||||||
| 23 | concealed firearm on his or her land or in his or her | ||||||
| 24 | abode, legal dwelling, or fixed place of business, or on | ||||||
| 25 | the land or in the legal dwelling of another person as an | ||||||
| 26 | invitee with that person's permission; | ||||||
| |||||||
| |||||||
| 1 | (2) when the person is authorized to carry a firearm | ||||||
| 2 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
| 3 | subsection (a-5) of that Section; or | ||||||
| 4 | (3) when the handgun is broken down in a | ||||||
| 5 | non-functioning state, is not immediately accessible, or | ||||||
| 6 | is unloaded and enclosed in a case. | ||||||
| 7 | (h) If an officer of a law enforcement agency initiates an | ||||||
| 8 | investigative stop, including but not limited to a traffic | ||||||
| 9 | stop, of a licensee or a non-resident carrying a concealed | ||||||
| 10 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
| 11 | the request of the officer the licensee or non-resident shall | ||||||
| 12 | disclose to the officer that he or she is in possession of a | ||||||
| 13 | concealed firearm under this Act, or present the license upon | ||||||
| 14 | the request of the officer if he or she is a licensee or | ||||||
| 15 | present upon the request of the officer evidence
under | ||||||
| 16 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
| 17 | he or she is a non-resident qualified to carry
under that | ||||||
| 18 | subsection. The disclosure requirement under this subsection | ||||||
| 19 | (h) is satisfied if the licensee presents his or her license to | ||||||
| 20 | the officer or the non-resident presents to the officer | ||||||
| 21 | evidence under paragraph (2) of subsection (e) of Section 40 of | ||||||
| 22 | this Act that he or she is qualified to carry under that | ||||||
| 23 | subsection. Upon the request of the officer, the licensee or | ||||||
| 24 | non-resident shall also identify the location of the concealed | ||||||
| 25 | firearm and permit the officer to safely secure the firearm for | ||||||
| 26 | the duration of the investigative stop. During a traffic stop, | ||||||
| |||||||
| |||||||
| 1 | any
passenger within the vehicle who is a licensee or a | ||||||
| 2 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
| 3 | this Act must comply with the requirements of this subsection | ||||||
| 4 | (h). | ||||||
| 5 | (h-1) If a licensee carrying a firearm or a non-resident | ||||||
| 6 | carrying a firearm in a vehicle under subsection (e) of Section | ||||||
| 7 | 40 of this Act is contacted by a law enforcement officer or | ||||||
| 8 | emergency
services personnel, the law enforcement officer or | ||||||
| 9 | emergency services personnel may secure the firearm
or direct | ||||||
| 10 | that it be secured during the duration of the contact if the | ||||||
| 11 | law enforcement officer or emergency
services personnel | ||||||
| 12 | determines that it is necessary for the safety of any person
| ||||||
| 13 | present, including the law enforcement officer or emergency | ||||||
| 14 | services personnel. The licensee or nonresident
shall submit to | ||||||
| 15 | the order to secure the firearm. When the law enforcement | ||||||
| 16 | officer or emergency services
personnel have determined that | ||||||
| 17 | the licensee or non-resident is not a threat to
the safety of | ||||||
| 18 | any person present, including the law enforcement officer or | ||||||
| 19 | emergency services personnel, and
if the licensee or | ||||||
| 20 | non-resident is physically and mentally capable of
possessing | ||||||
| 21 | the firearm, the law enforcement officer or emergency services | ||||||
| 22 | personnel shall return the
firearm to the licensee or | ||||||
| 23 | non-resident before releasing him or her from the
scene and | ||||||
| 24 | breaking contact. If the licensee or non-resident is | ||||||
| 25 | transported for
treatment to another location, the firearm | ||||||
| 26 | shall be turned over to any peace
officer. The peace officer | ||||||
| |||||||
| |||||||
| 1 | shall provide a receipt which includes the make,
model, | ||||||
| 2 | caliber, and serial number of the firearm. | ||||||
| 3 | (i) The Illinois State Police Department shall maintain a | ||||||
| 4 | database of license applicants and licensees. The database | ||||||
| 5 | shall be available to all federal, State, and local law | ||||||
| 6 | enforcement agencies, State's Attorneys, the Attorney General, | ||||||
| 7 | and authorized court personnel. Within 180 days after the | ||||||
| 8 | effective date of this Act, the database shall be searchable | ||||||
| 9 | and provide all information included in the application, | ||||||
| 10 | including the applicant's previous addresses within the 10 | ||||||
| 11 | years prior to the license application and any information | ||||||
| 12 | related to violations of this Act. No law enforcement agency, | ||||||
| 13 | State's Attorney, Attorney General, or member or staff of the | ||||||
| 14 | judiciary shall provide any information to a requester who is | ||||||
| 15 | not entitled to it by law. | ||||||
| 16 | (j) No later than 10 days after receipt of a completed | ||||||
| 17 | application, the Illinois State Police Department shall enter | ||||||
| 18 | the relevant information about the applicant into the database | ||||||
| 19 | under subsection (i) of this Section which is accessible by law | ||||||
| 20 | enforcement agencies.
| ||||||
| 21 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | ||||||
| 22 | eff. 7-10-15.)
| ||||||
| 23 | (430 ILCS 66/15)
| ||||||
| 24 | Sec. 15. Objections by law enforcement agencies. | ||||||
| 25 | (a) Any law enforcement agency may submit an objection to a | ||||||
| |||||||
| |||||||
| 1 | license applicant based upon a reasonable suspicion that the | ||||||
| 2 | applicant is a danger to himself or herself or others, or a | ||||||
| 3 | threat to public safety. The objection shall be made by the | ||||||
| 4 | chief law enforcement officer of the law enforcement agency, or | ||||||
| 5 | his or her designee, and must include any information relevant | ||||||
| 6 | to the objection. If a law enforcement agency submits an | ||||||
| 7 | objection within 30 days after the entry of an applicant into | ||||||
| 8 | the database, the Illinois State Police Department shall submit | ||||||
| 9 | the objection and all information available to the Board under | ||||||
| 10 | State and federal law related to the application to the Board | ||||||
| 11 | within 10 days of completing all necessary background checks. | ||||||
| 12 | (b) If an applicant has 5 or more arrests for any reason, | ||||||
| 13 | that have been entered into the Criminal History Records | ||||||
| 14 | Information (CHRI) System, within the 7 years preceding the | ||||||
| 15 | date of application for a license, or has 3 or more arrests | ||||||
| 16 | within the 7 years preceding the date of application for a | ||||||
| 17 | license for any combination of gang-related offenses, the | ||||||
| 18 | Illinois State Police Department shall object and submit the | ||||||
| 19 | applicant's arrest record to the extent the Board is allowed to | ||||||
| 20 | receive that information under State and federal law, the | ||||||
| 21 | application materials, and any additional information | ||||||
| 22 | submitted by a law enforcement agency to the Board. For | ||||||
| 23 | purposes of this subsection, "gang-related offense" is an | ||||||
| 24 | offense described in Section 12-6.4, Section 24-1.8, Section | ||||||
| 25 | 25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of | ||||||
| 26 | subsection (a) of Section 12-6.2, paragraph (2) of subsection | ||||||
| |||||||
| |||||||
| 1 | (b) of Section 16-30, paragraph (2) of subsection (b) of | ||||||
| 2 | Section 31-4, or item (iii) of paragraph (1.5) of subsection | ||||||
| 3 | (i) of Section 48-1 of the Criminal Code of 2012. | ||||||
| 4 | (c) The referral of an objection under this Section to the | ||||||
| 5 | Board shall toll the 90-day period for the Illinois State | ||||||
| 6 | Police Department to issue or deny the applicant a license | ||||||
| 7 | under subsection (e) of Section 10 of this Act, during the | ||||||
| 8 | period of review and until the Board issues its decision. | ||||||
| 9 | (d) If no objection is made by a law enforcement agency or | ||||||
| 10 | the Illinois State Police Department under this Section, the | ||||||
| 11 | Illinois State Police Department shall process the application | ||||||
| 12 | in accordance with this Act.
| ||||||
| 13 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
| ||||||
| 14 | (430 ILCS 66/20)
| ||||||
| 15 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
| 16 | (a) There is hereby created within the Illinois Department | ||||||
| 17 | of State Police a Concealed Carry Licensing Review Board to | ||||||
| 18 | consider any objection to an applicant's eligibility to obtain | ||||||
| 19 | a license under this Act submitted by a law enforcement agency | ||||||
| 20 | or the Illinois State Police Department under Section 15 of | ||||||
| 21 | this Act. The Board shall consist of 7 commissioners to be | ||||||
| 22 | appointed by the Governor, with the advice and consent of the | ||||||
| 23 | Senate, with 3 commissioners residing within the First Judicial | ||||||
| 24 | District and one commissioner residing within each of the 4 | ||||||
| 25 | remaining Judicial Districts. No more than 4 commissioners | ||||||
| |||||||
| |||||||
| 1 | shall be members of the same political party. The Governor | ||||||
| 2 | shall designate one commissioner as the Chairperson. The Board | ||||||
| 3 | shall consist of: | ||||||
| 4 | (1) one commissioner with at least 5 years of service | ||||||
| 5 | as a federal judge; | ||||||
| 6 | (2) 2 commissioners with at least 5 years of experience | ||||||
| 7 | serving as an attorney with the United States Department of | ||||||
| 8 | Justice; | ||||||
| 9 | (3) 3 commissioners with at least 5 years of experience | ||||||
| 10 | as a federal agent or employee with investigative | ||||||
| 11 | experience or duties related to criminal justice under the | ||||||
| 12 | United States Department of Justice, Drug Enforcement | ||||||
| 13 | Administration, Department of Homeland Security, or | ||||||
| 14 | Federal Bureau of Investigation; and | ||||||
| 15 | (4) one member with at least 5 years of experience as a | ||||||
| 16 | licensed physician or clinical psychologist with expertise | ||||||
| 17 | in the diagnosis and treatment of mental illness. | ||||||
| 18 | (b) The initial terms of the commissioners shall end on | ||||||
| 19 | January 12, 2015. Thereafter, the commissioners shall hold | ||||||
| 20 | office for 4 years, with terms expiring on the second Monday in | ||||||
| 21 | January of the fourth year. Commissioners may be reappointed. | ||||||
| 22 | Vacancies in the office of commissioner shall be filled in the | ||||||
| 23 | same manner as the original appointment, for the remainder of | ||||||
| 24 | the unexpired term. The Governor may remove a commissioner for | ||||||
| 25 | incompetence, neglect of duty, malfeasance, or inability to | ||||||
| 26 | serve. Commissioners shall receive compensation in an amount | ||||||
| |||||||
| |||||||
| 1 | equal to the compensation of members of the Executive Ethics | ||||||
| 2 | Commission and may be reimbursed for reasonable expenses | ||||||
| 3 | actually incurred in the performance of their Board duties, | ||||||
| 4 | from funds appropriated for that purpose. | ||||||
| 5 | (c) The Board shall meet at the call of the chairperson as | ||||||
| 6 | often as necessary to consider objections to applications for a | ||||||
| 7 | license under this Act. If necessary to ensure the | ||||||
| 8 | participation of a commissioner, the Board shall allow a | ||||||
| 9 | commissioner to participate in a Board meeting by electronic | ||||||
| 10 | communication. Any commissioner participating electronically | ||||||
| 11 | shall be deemed present for purposes of establishing a quorum | ||||||
| 12 | and voting. | ||||||
| 13 | (d) The Board shall adopt rules for the review of | ||||||
| 14 | objections and the conduct of hearings. The Board shall | ||||||
| 15 | maintain a record of its decisions and all materials considered | ||||||
| 16 | in making its decisions. All Board decisions and voting records | ||||||
| 17 | shall be kept confidential and all materials considered by the | ||||||
| 18 | Board shall be exempt from inspection except upon order of a | ||||||
| 19 | court. | ||||||
| 20 | (e) In considering an objection of a law enforcement agency | ||||||
| 21 | or the Illinois State Police Department, the Board shall review | ||||||
| 22 | the materials received with the objection from the law | ||||||
| 23 | enforcement agency or the Illinois State Police Department. By | ||||||
| 24 | a vote of at least 4 commissioners, the Board may request | ||||||
| 25 | additional information from the law enforcement agency, | ||||||
| 26 | Illinois State Police Department, or the applicant, or the | ||||||
| |||||||
| |||||||
| 1 | testimony of the law enforcement agency, Illinois State Police | ||||||
| 2 | Department, or the applicant. The Board may require that the | ||||||
| 3 | applicant submit electronic fingerprints to the Illinois State | ||||||
| 4 | Police Department for an updated background check where the | ||||||
| 5 | Board determines it lacks sufficient information to determine | ||||||
| 6 | eligibility. The Board may only consider information submitted | ||||||
| 7 | by the Illinois State Police Department, a law enforcement | ||||||
| 8 | agency, or the applicant. The Board shall review each objection | ||||||
| 9 | and determine by a majority of commissioners whether an | ||||||
| 10 | applicant is eligible for a license. | ||||||
| 11 | (f) The Board shall issue a decision within 30 days of | ||||||
| 12 | receipt of the objection from the Illinois State Police | ||||||
| 13 | Department. However, the Board need not issue a decision within | ||||||
| 14 | 30 days if: | ||||||
| 15 | (1) the Board requests information from the applicant, | ||||||
| 16 | including but not limited to electronic fingerprints to be | ||||||
| 17 | submitted to the Illinois State Police Department, in | ||||||
| 18 | accordance with subsection (e) of this Section, in which | ||||||
| 19 | case the Board shall make a decision within 30 days of | ||||||
| 20 | receipt of the required information from the applicant; | ||||||
| 21 | (2) the applicant agrees, in writing, to allow the | ||||||
| 22 | Board additional time to consider an objection; or | ||||||
| 23 | (3) the Board notifies the applicant and the Illinois | ||||||
| 24 | State Police Department that the Board needs an additional | ||||||
| 25 | 30 days to issue a decision. | ||||||
| 26 | (g) If the Board determines by a preponderance of the | ||||||
| |||||||
| |||||||
| 1 | evidence that the applicant poses a danger to himself or | ||||||
| 2 | herself or others, or is a threat to public safety, then the | ||||||
| 3 | Board shall affirm the objection of the law enforcement agency | ||||||
| 4 | or the Illinois State Police Department and shall notify the | ||||||
| 5 | Illinois State Police Department that the applicant is | ||||||
| 6 | ineligible for a license. If the Board does not determine by a | ||||||
| 7 | preponderance of the evidence that the applicant poses a danger | ||||||
| 8 | to himself or herself or others, or is a threat to public | ||||||
| 9 | safety, then the Board shall notify the Illinois State Police | ||||||
| 10 | Department that the applicant is eligible for a license. | ||||||
| 11 | (h) Meetings of the Board shall not be subject to the Open | ||||||
| 12 | Meetings Act and records of the Board shall not be subject to | ||||||
| 13 | the Freedom of Information Act. | ||||||
| 14 | (i) The Board shall report monthly to the Governor and the | ||||||
| 15 | General Assembly on the number of objections received and | ||||||
| 16 | provide details of the circumstances in which the Board has | ||||||
| 17 | determined to deny licensure based on law enforcement or | ||||||
| 18 | Illinois State Police Department objections under Section 15 of | ||||||
| 19 | this Act. The report shall not contain any identifying | ||||||
| 20 | information about the applicants.
| ||||||
| 21 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
| ||||||
| 22 | (430 ILCS 66/25)
| ||||||
| 23 | Sec. 25. Qualifications for a license. | ||||||
| 24 | The Illinois State Police Department shall issue a license | ||||||
| 25 | to an applicant completing an application in accordance with | ||||||
| |||||||
| |||||||
| 1 | Section 30 of this Act if the person: | ||||||
| 2 | (1) is at least 21 years of age; | ||||||
| 3 | (2) has a currently valid Firearm Owner's | ||||||
| 4 | Identification Card and at the time of application meets | ||||||
| 5 | the requirements for the issuance of a Firearm Owner's | ||||||
| 6 | Identification Card and is not prohibited under the Firearm | ||||||
| 7 | Owners Identification Card Act or federal law from | ||||||
| 8 | possessing or receiving a firearm; | ||||||
| 9 | (3) has not been convicted or found guilty in this | ||||||
| 10 | State or in any other state of: | ||||||
| 11 | (A) a misdemeanor involving the use or threat of | ||||||
| 12 | physical force or violence to any person within the 5 | ||||||
| 13 | years preceding the date of the license application; or | ||||||
| 14 | (B) 2 or more violations related to driving while | ||||||
| 15 | under the influence of alcohol, other drug or drugs, | ||||||
| 16 | intoxicating compound or compounds, or any combination | ||||||
| 17 | thereof, within the 5 years preceding the date of the | ||||||
| 18 | license application; | ||||||
| 19 | (4) is not the subject of a pending arrest warrant, | ||||||
| 20 | prosecution, or proceeding for an offense or action that | ||||||
| 21 | could lead to disqualification to own or possess a firearm; | ||||||
| 22 | (5) has not been in residential or court-ordered | ||||||
| 23 | treatment for alcoholism, alcohol detoxification, or drug | ||||||
| 24 | treatment within the 5 years immediately preceding the date | ||||||
| 25 | of the license application; and | ||||||
| 26 | (6) has completed firearms training and any education | ||||||
| |||||||
| |||||||
| 1 | component required under Section 75 of this Act.
| ||||||
| 2 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
| ||||||
| 3 | (430 ILCS 66/30)
| ||||||
| 4 | Sec. 30. Contents of license application. | ||||||
| 5 | (a) The license application shall be in writing, under | ||||||
| 6 | penalty of perjury, on a standard form adopted by the Illinois | ||||||
| 7 | State Police Department and shall be accompanied by the | ||||||
| 8 | documentation required in this Section and the applicable fee. | ||||||
| 9 | Each application form shall include the following statement | ||||||
| 10 | printed in bold type: "Warning: Entering false information on | ||||||
| 11 | this form is punishable as perjury under Section 32-2 of the | ||||||
| 12 | Criminal Code of 2012." | ||||||
| 13 | (b) The application shall contain the following: | ||||||
| 14 | (1) the applicant's name, current address, date and | ||||||
| 15 | year of birth, place of birth, height, weight, hair color, | ||||||
| 16 | eye color, maiden name or any other name the applicant has | ||||||
| 17 | used or identified with, and any address where the | ||||||
| 18 | applicant resided for more than 30 days within the 10 years | ||||||
| 19 | preceding the date of the license application; | ||||||
| 20 | (2) the applicant's valid driver's license number or | ||||||
| 21 | valid state identification card number; | ||||||
| 22 | (3) a waiver of the applicant's privacy and | ||||||
| 23 | confidentiality rights and privileges under all federal | ||||||
| 24 | and state laws, including those limiting access to juvenile | ||||||
| 25 | court, criminal justice, psychological, or psychiatric | ||||||
| |||||||
| |||||||
| 1 | records or records relating to any institutionalization of | ||||||
| 2 | the applicant, and an affirmative request that a person | ||||||
| 3 | having custody of any of these records provide it or | ||||||
| 4 | information concerning it to the Illinois State Police | ||||||
| 5 | Department. The waiver only applies to records sought in | ||||||
| 6 | connection with determining whether the applicant | ||||||
| 7 | qualifies for a license to carry a concealed firearm under | ||||||
| 8 | this Act, or whether the applicant remains in compliance | ||||||
| 9 | with the Firearm Owners Identification Card Act; | ||||||
| 10 | (4) an affirmation that the applicant possesses a | ||||||
| 11 | currently valid Firearm Owner's Identification Card and | ||||||
| 12 | card number if possessed or notice the applicant is | ||||||
| 13 | applying for a Firearm Owner's Identification Card in | ||||||
| 14 | conjunction with the license application; | ||||||
| 15 | (5) an affirmation that the applicant has not been | ||||||
| 16 | convicted or found guilty of: | ||||||
| 17 | (A) a felony; | ||||||
| 18 | (B) a misdemeanor involving the use or threat of | ||||||
| 19 | physical force or violence to any person within the 5 | ||||||
| 20 | years preceding the date of the application; or | ||||||
| 21 | (C) 2 or more violations related to driving while | ||||||
| 22 | under the influence of alcohol, other drug or drugs, | ||||||
| 23 | intoxicating compound or compounds, or any combination | ||||||
| 24 | thereof, within the 5 years preceding the date of the | ||||||
| 25 | license application; and | ||||||
| 26 | (6) whether the applicant has failed a drug test for a | ||||||
| |||||||
| |||||||
| 1 | drug for which the applicant did not have a prescription, | ||||||
| 2 | within the previous year, and if so, the provider of the | ||||||
| 3 | test, the specific substance involved, and the date of the | ||||||
| 4 | test; | ||||||
| 5 | (7) written consent for the Illinois State Police | ||||||
| 6 | Department to review and use the applicant's Illinois | ||||||
| 7 | digital driver's license or Illinois identification card | ||||||
| 8 | photograph and signature; | ||||||
| 9 | (8) a full set of fingerprints submitted to the | ||||||
| 10 | Illinois State Police Department in electronic format, | ||||||
| 11 | provided the Illinois State Police Department may accept an | ||||||
| 12 | application submitted without a set of fingerprints in | ||||||
| 13 | which case the Illinois State Police Department shall be | ||||||
| 14 | granted 30 days in addition to the 90 days provided under | ||||||
| 15 | subsection (e) of Section 10 of this Act to issue or deny a | ||||||
| 16 | license; | ||||||
| 17 | (9) a head and shoulder color photograph in a size | ||||||
| 18 | specified by the Illinois State Police Department taken | ||||||
| 19 | within the 30 days preceding the date of the license | ||||||
| 20 | application; and | ||||||
| 21 | (10) a photocopy of any certificates or other evidence | ||||||
| 22 | of compliance with the training requirements under this | ||||||
| 23 | Act.
| ||||||
| 24 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
| ||||||
| 25 | (430 ILCS 66/35)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 35. Investigation of the applicant. | ||||||
| 2 | The Illinois State Police Department shall conduct a | ||||||
| 3 | background check of the applicant to ensure compliance with the | ||||||
| 4 | requirements of this Act and all federal, State, and local | ||||||
| 5 | laws. The background check shall include a search of the | ||||||
| 6 | following: | ||||||
| 7 | (1) the National Instant Criminal Background Check | ||||||
| 8 | System of the Federal Bureau of Investigation; | ||||||
| 9 | (2) all available state and local criminal history | ||||||
| 10 | record information files, including records of juvenile | ||||||
| 11 | adjudications; | ||||||
| 12 | (3) all available federal, state, and local records | ||||||
| 13 | regarding wanted persons; | ||||||
| 14 | (4) all available federal, state, and local records of | ||||||
| 15 | domestic violence restraining and protective orders; | ||||||
| 16 | (5) the files of the Department of Human Services | ||||||
| 17 | relating to mental health and developmental disabilities; | ||||||
| 18 | and
| ||||||
| 19 | (6) all other available records of a federal, state, or | ||||||
| 20 | local agency or other public entity in any jurisdiction | ||||||
| 21 | likely to contain information relevant to whether the | ||||||
| 22 | applicant is prohibited from purchasing, possessing, or | ||||||
| 23 | carrying a firearm under federal, state, or local law. | ||||||
| 24 | Fingerprints collected under Section 30 shall be checked | ||||||
| 25 | against the Illinois Department of State Police and Federal | ||||||
| 26 | Bureau of Investigation criminal history record databases now | ||||||
| |||||||
| |||||||
| 1 | and hereafter filed. The Illinois State Police Department shall | ||||||
| 2 | charge applicants a fee for conducting the criminal history | ||||||
| 3 | records check, which shall be deposited in the State Police | ||||||
| 4 | Services Fund and shall not exceed the actual cost of the | ||||||
| 5 | records check.
| ||||||
| 6 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
| ||||||
| 7 | (430 ILCS 66/40)
| ||||||
| 8 | Sec. 40. Non-resident license applications. | ||||||
| 9 | (a) For the purposes of this Section, "non-resident" means | ||||||
| 10 | a person who has not resided within this State for more than 30 | ||||||
| 11 | days and resides in another state or territory. | ||||||
| 12 | (b) The Illinois State Police Department shall by rule | ||||||
| 13 | allow for non-resident license applications from any state or | ||||||
| 14 | territory of the United States with laws related to firearm | ||||||
| 15 | ownership, possession, and carrying, that are substantially | ||||||
| 16 | similar to the requirements to obtain a license under this Act. | ||||||
| 17 | (c) A resident of a state or territory approved by the | ||||||
| 18 | Illinois State Police Department under subsection (b) of this | ||||||
| 19 | Section may apply for a non-resident license. The applicant | ||||||
| 20 | shall apply to the Illinois State Police Department and must | ||||||
| 21 | meet all of the qualifications established in Section 25 of | ||||||
| 22 | this Act, except for the Illinois residency requirement in item | ||||||
| 23 | (xiv) of paragraph (2) of subsection (a) of Section 4 of the | ||||||
| 24 | Firearm Owners Identification Card Act. The applicant shall | ||||||
| 25 | submit: | ||||||
| |||||||
| |||||||
| 1 | (1) the application and documentation required under | ||||||
| 2 | Section 30 of this Act and the applicable fee; | ||||||
| 3 | (2) a notarized document stating that the applicant: | ||||||
| 4 | (A) is eligible under federal law and the laws of | ||||||
| 5 | his or her state or territory of residence to own or | ||||||
| 6 | possess a firearm; | ||||||
| 7 | (B) if applicable, has a license or permit to carry | ||||||
| 8 | a firearm or concealed firearm issued by his or her | ||||||
| 9 | state or territory of residence and attach a copy of | ||||||
| 10 | the license or permit to the application; | ||||||
| 11 | (C) understands Illinois laws pertaining to the | ||||||
| 12 | possession and transport of firearms; and | ||||||
| 13 | (D) acknowledges that the applicant is subject to | ||||||
| 14 | the jurisdiction of the Illinois State Police | ||||||
| 15 | Department and Illinois courts for any violation of | ||||||
| 16 | this Act; | ||||||
| 17 | (3) a photocopy of any certificates or other evidence | ||||||
| 18 | of compliance with the training requirements under Section | ||||||
| 19 | 75 of this Act; and | ||||||
| 20 | (4) a head and shoulder color photograph in a size | ||||||
| 21 | specified by the Illinois State Police Department taken | ||||||
| 22 | within the 30 days preceding the date of the application. | ||||||
| 23 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
| 24 | identification card, a non-resident applicant shall provide | ||||||
| 25 | similar documentation from his or her state or territory of | ||||||
| 26 | residence. In lieu of a valid Firearm Owner's Identification | ||||||
| |||||||
| |||||||
| 1 | Card, the applicant shall submit documentation and information | ||||||
| 2 | required by the Illinois State Police Department to obtain a | ||||||
| 3 | Firearm Owner's Identification Card, including an affidavit | ||||||
| 4 | that the non-resident meets the mental health standards to | ||||||
| 5 | obtain a firearm under Illinois law, and the Illinois State | ||||||
| 6 | Police Department shall ensure that the applicant would meet | ||||||
| 7 | the eligibility criteria to obtain a Firearm Owner's | ||||||
| 8 | Identification card if he or she was a resident of this State. | ||||||
| 9 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
| 10 | transporting a concealed firearm within his or her vehicle in | ||||||
| 11 | Illinois, if the concealed firearm remains within his or her | ||||||
| 12 | vehicle and the non-resident: | ||||||
| 13 | (1) is not prohibited from owning or possessing a | ||||||
| 14 | firearm under federal law; | ||||||
| 15 | (2) is eligible to carry a firearm in public under the | ||||||
| 16 | laws of his or her state or territory of residence, as
| ||||||
| 17 | evidenced by the possession of a concealed carry license or | ||||||
| 18 | permit issued by his or her state of residence, if
| ||||||
| 19 | applicable; and | ||||||
| 20 | (3) is not in possession of a license under this Act. | ||||||
| 21 | If the non-resident leaves his or her vehicle unattended, | ||||||
| 22 | he or she shall store the firearm within a locked vehicle or | ||||||
| 23 | locked container within the vehicle in accordance with | ||||||
| 24 | subsection (b) of Section 65 of this Act.
| ||||||
| 25 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, | ||||||
| 26 | eff. 7-20-15.)
| ||||||
| |||||||
| |||||||
| 1 | (430 ILCS 66/45)
| ||||||
| 2 | Sec. 45. Civil immunity; Board, employees, and agents. The | ||||||
| 3 | Board, Illinois State Police Department, local law enforcement | ||||||
| 4 | agency, or the employees and agents of the Board, Illinois | ||||||
| 5 | State Police Department, or local law enforcement agency | ||||||
| 6 | participating in the licensing process under this Act shall not | ||||||
| 7 | be held liable for damages in any civil action arising from | ||||||
| 8 | alleged wrongful or improper granting, denying, renewing, | ||||||
| 9 | revoking, suspending, or failing to grant, deny, renew, revoke, | ||||||
| 10 | or suspend a license under this Act, except for willful or | ||||||
| 11 | wanton misconduct.
| ||||||
| 12 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 13 | (430 ILCS 66/50)
| ||||||
| 14 | Sec. 50. License renewal. | ||||||
| 15 | (a) This subsection (a) applies through the 180th day | ||||||
| 16 | following the effective date of this amendatory Act of the | ||||||
| 17 | 101st General Assembly. Applications for renewal of a license | ||||||
| 18 | shall be made to the Illinois State Police Department. A | ||||||
| 19 | license shall be renewed for a period of 5 years upon receipt | ||||||
| 20 | of a completed renewal application, completion of 3 hours of | ||||||
| 21 | training required under Section 75 of this Act, payment of the | ||||||
| 22 | applicable renewal fee, and completion of an investigation | ||||||
| 23 | under Section 35 of this Act. The renewal application shall | ||||||
| 24 | contain the information required in Section 30 of this Act, | ||||||
| |||||||
| |||||||
| 1 | except that the applicant need not resubmit a full set of | ||||||
| 2 | fingerprints. | ||||||
| 3 | (b) This subsection (b) applies on and after the 181st day | ||||||
| 4 | following the effective date of this amendatory Act of the | ||||||
| 5 | 101st General Assembly. Applications for renewal of a license | ||||||
| 6 | shall be made to the Illinois State Police Department. A | ||||||
| 7 | license shall be renewed for a period of 5 years from the date | ||||||
| 8 | of expiration on the applicant's current license upon the | ||||||
| 9 | receipt of a completed renewal application, completion of 3 | ||||||
| 10 | hours of training required under Section 75 of this Act, | ||||||
| 11 | payment of the applicable renewal fee, and completion of an | ||||||
| 12 | investigation under Section 35 of this Act. The renewal | ||||||
| 13 | application shall contain the information required in Section | ||||||
| 14 | 30 of this Act, except that the applicant need not resubmit a | ||||||
| 15 | full set of fingerprints.
| ||||||
| 16 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
| 17 | (430 ILCS 66/55)
| ||||||
| 18 | Sec. 55. Change of address or name; lost, destroyed, or | ||||||
| 19 | stolen licenses. | ||||||
| 20 | (a) A licensee shall notify the Illinois State Police | ||||||
| 21 | Department within 30 days of moving or changing residence or | ||||||
| 22 | any change of name. The licensee shall submit the requisite fee | ||||||
| 23 | and the Illinois State Police Department may require a | ||||||
| 24 | notarized statement that the licensee has
changed his or her | ||||||
| 25 | residence or his or her name, including the prior and current | ||||||
| |||||||
| |||||||
| 1 | address or name and the date the applicant moved or changed his | ||||||
| 2 | or her name. | ||||||
| 3 | (b) A licensee shall notify the Illinois State Police | ||||||
| 4 | Department within 10 days of discovering that a license has | ||||||
| 5 | been lost, destroyed, or stolen. A lost, destroyed, or stolen | ||||||
| 6 | license is invalid. To request a replacement license, the | ||||||
| 7 | licensee shall submit: | ||||||
| 8 | (1) a notarized statement that the licensee no longer | ||||||
| 9 | possesses the license, and that it was lost, destroyed, or | ||||||
| 10 | stolen; | ||||||
| 11 | (2) if applicable, a copy of a police report stating | ||||||
| 12 | that the license was stolen; and | ||||||
| 13 | (3) the requisite fee. | ||||||
| 14 | (c) A violation of this Section is a petty offense with a | ||||||
| 15 | fine of $150 which shall be deposited into the Mental Health | ||||||
| 16 | Reporting Fund.
| ||||||
| 17 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
| ||||||
| 18 | (430 ILCS 66/65)
| ||||||
| 19 | Sec. 65. Prohibited areas. | ||||||
| 20 | (a) A licensee under this Act shall not knowingly carry a | ||||||
| 21 | firearm on or into: | ||||||
| 22 | (1) Any building, real property, and parking area under | ||||||
| 23 | the control of a public or private elementary or secondary | ||||||
| 24 | school. | ||||||
| 25 | (2) Any building, real property, and parking area under | ||||||
| |||||||
| |||||||
| 1 | the control of a pre-school or child care facility, | ||||||
| 2 | including any room or portion of a building under the | ||||||
| 3 | control of a pre-school or child care facility. Nothing in | ||||||
| 4 | this paragraph shall prevent the operator of a child care | ||||||
| 5 | facility in a family home from owning or possessing a | ||||||
| 6 | firearm in the home or license under this Act, if no child | ||||||
| 7 | under child care at the home is present in the home or the | ||||||
| 8 | firearm in the home is stored in a locked container when a | ||||||
| 9 | child under child care at the home is present in the home. | ||||||
| 10 | (3) Any building, parking area, or portion of a | ||||||
| 11 | building under the control of an officer of the executive | ||||||
| 12 | or legislative branch of government, provided that nothing | ||||||
| 13 | in this paragraph shall prohibit a licensee from carrying a | ||||||
| 14 | concealed firearm onto the real property, bikeway, or trail | ||||||
| 15 | in a park regulated by the Department of Natural Resources | ||||||
| 16 | or any other designated public hunting area or building | ||||||
| 17 | where firearm possession is permitted as established by the | ||||||
| 18 | Department of Natural Resources under Section 1.8 of the | ||||||
| 19 | Wildlife Code. | ||||||
| 20 | (4) Any building designated for matters before a | ||||||
| 21 | circuit court, appellate court, or the Supreme Court, or | ||||||
| 22 | any building or portion of a building under the control of | ||||||
| 23 | the Supreme Court. | ||||||
| 24 | (5) Any building or portion of a building under the | ||||||
| 25 | control of a unit of local government. | ||||||
| 26 | (6) Any building, real property, and parking area under | ||||||
| |||||||
| |||||||
| 1 | the control of an adult or juvenile detention or | ||||||
| 2 | correctional institution, prison, or jail. | ||||||
| 3 | (7) Any building, real property, and parking area under | ||||||
| 4 | the control of a public or private hospital or hospital | ||||||
| 5 | affiliate, mental health facility, or nursing home. | ||||||
| 6 | (8) Any bus, train, or form of transportation paid for | ||||||
| 7 | in whole or in part with public funds, and any building, | ||||||
| 8 | real property, and parking area under the control of a | ||||||
| 9 | public transportation facility paid for in whole or in part | ||||||
| 10 | with public funds. | ||||||
| 11 | (9) Any building, real property, and parking area under | ||||||
| 12 | the control of an establishment that serves alcohol on its | ||||||
| 13 | premises, if more than 50% of the establishment's gross | ||||||
| 14 | receipts within the prior 3 months is from the sale of | ||||||
| 15 | alcohol. The owner of an establishment who knowingly fails | ||||||
| 16 | to prohibit concealed firearms on its premises as provided | ||||||
| 17 | in this paragraph or who knowingly makes a false statement | ||||||
| 18 | or record to avoid the prohibition on concealed firearms | ||||||
| 19 | under this paragraph is subject to the penalty under | ||||||
| 20 | subsection (c-5) of Section 10-1 of the Liquor Control Act | ||||||
| 21 | of 1934. | ||||||
| 22 | (10) Any public gathering or special event conducted on | ||||||
| 23 | property open to the public that requires the issuance of a | ||||||
| 24 | permit from the unit of local government, provided this | ||||||
| 25 | prohibition shall not apply to a licensee who must walk | ||||||
| 26 | through a public gathering in order to access his or her | ||||||
| |||||||
| |||||||
| 1 | residence, place of business, or vehicle. | ||||||
| 2 | (11) Any building or real property that has been issued | ||||||
| 3 | a Special Event Retailer's license as defined in Section | ||||||
| 4 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
| 5 | designated for the sale of alcohol by the Special Event | ||||||
| 6 | Retailer's license, or a Special use permit license as | ||||||
| 7 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
| 8 | Control Act during the time designated for the sale of | ||||||
| 9 | alcohol by the Special use permit license. | ||||||
| 10 | (12) Any public playground. | ||||||
| 11 | (13) Any public park, athletic area, or athletic | ||||||
| 12 | facility under the control of a municipality or park | ||||||
| 13 | district, provided nothing in this Section shall prohibit a | ||||||
| 14 | licensee from carrying a concealed firearm while on a trail | ||||||
| 15 | or bikeway if only a portion of the trail or bikeway | ||||||
| 16 | includes a public park. | ||||||
| 17 | (14) Any real property under the control of the Cook | ||||||
| 18 | County Forest Preserve District. | ||||||
| 19 | (15) Any building, classroom, laboratory, medical | ||||||
| 20 | clinic, hospital, artistic venue, athletic venue, | ||||||
| 21 | entertainment venue, officially recognized | ||||||
| 22 | university-related organization property, whether owned or | ||||||
| 23 | leased, and any real property, including parking areas, | ||||||
| 24 | sidewalks, and common areas under the control of a public | ||||||
| 25 | or private community college, college, or university. | ||||||
| 26 | (16) Any building, real property, or parking area under | ||||||
| |||||||
| |||||||
| 1 | the control of a gaming facility licensed under the | ||||||
| 2 | Illinois Gambling Act or the Illinois Horse Racing Act of | ||||||
| 3 | 1975, including an inter-track wagering location licensee. | ||||||
| 4 | (17) Any stadium, arena, or the real property or | ||||||
| 5 | parking area under the control of a stadium, arena, or any | ||||||
| 6 | collegiate or professional sporting event. | ||||||
| 7 | (18) Any building, real property, or parking area under | ||||||
| 8 | the control of a public library. | ||||||
| 9 | (19) Any building, real property, or parking area under | ||||||
| 10 | the control of an airport. | ||||||
| 11 | (20) Any building, real property, or parking area under | ||||||
| 12 | the control of an amusement park. | ||||||
| 13 | (21) Any building, real property, or parking area under | ||||||
| 14 | the control of a zoo or museum. | ||||||
| 15 | (22) Any street, driveway, parking area, property, | ||||||
| 16 | building, or facility, owned, leased, controlled, or used | ||||||
| 17 | by a nuclear energy, storage, weapons, or development site | ||||||
| 18 | or facility regulated by the federal Nuclear Regulatory | ||||||
| 19 | Commission. The licensee shall not under any circumstance | ||||||
| 20 | store a firearm or ammunition in his or her vehicle or in a | ||||||
| 21 | compartment or container within a vehicle located anywhere | ||||||
| 22 | in or on the street, driveway, parking area, property, | ||||||
| 23 | building, or facility described in this paragraph. | ||||||
| 24 | (23) Any area where firearms are prohibited under | ||||||
| 25 | federal law. | ||||||
| 26 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
| |||||||
| |||||||
| 1 | private community college, college, or university from: | ||||||
| 2 | (1) prohibiting persons from carrying a firearm within | ||||||
| 3 | a vehicle owned, leased, or controlled by the college or | ||||||
| 4 | university; | ||||||
| 5 | (2) developing resolutions, regulations, or policies | ||||||
| 6 | regarding student, employee, or visitor misconduct and | ||||||
| 7 | discipline, including suspension and expulsion; | ||||||
| 8 | (3) developing resolutions, regulations, or policies | ||||||
| 9 | regarding the storage or maintenance of firearms, which | ||||||
| 10 | must include designated areas where persons can park | ||||||
| 11 | vehicles that carry firearms; and | ||||||
| 12 | (4) permitting the carrying or use of firearms for the | ||||||
| 13 | purpose of instruction and curriculum of officially | ||||||
| 14 | recognized programs, including but not limited to military | ||||||
| 15 | science and law enforcement training programs, or in any | ||||||
| 16 | designated area used for hunting purposes or target | ||||||
| 17 | shooting. | ||||||
| 18 | (a-10) The owner of private real property of any type may | ||||||
| 19 | prohibit the carrying of concealed firearms on the property | ||||||
| 20 | under his or her control. The owner must post a sign in | ||||||
| 21 | accordance with subsection (d) of this Section indicating that | ||||||
| 22 | firearms are prohibited on the property, unless the property is | ||||||
| 23 | a private residence. | ||||||
| 24 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
| 25 | this Section except under paragraph (22) or (23) of subsection | ||||||
| 26 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
| |||||||
| |||||||
| 1 | into the parking area of a prohibited location specified in | ||||||
| 2 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
| 3 | permitted to carry a concealed firearm on or about his or her | ||||||
| 4 | person within a vehicle into the parking area and may store a | ||||||
| 5 | firearm or ammunition concealed in a case within a locked | ||||||
| 6 | vehicle or locked container out of plain view within the | ||||||
| 7 | vehicle in the parking area. A licensee may carry a concealed | ||||||
| 8 | firearm in the immediate area surrounding his or her vehicle | ||||||
| 9 | within a prohibited parking lot area only for the limited | ||||||
| 10 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
| 11 | trunk. For purposes of this subsection, "case" includes a glove | ||||||
| 12 | compartment or console that completely encloses the concealed | ||||||
| 13 | firearm or ammunition, the trunk of the vehicle, or a firearm | ||||||
| 14 | carrying box, shipping box, or other container. | ||||||
| 15 | (c) A licensee shall not be in violation of this Section | ||||||
| 16 | while he or she is traveling along a public right of way that | ||||||
| 17 | touches or crosses any of the premises under subsection (a), | ||||||
| 18 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
| 19 | carried on his or her person in accordance with the provisions | ||||||
| 20 | of this Act or is being transported in a vehicle by the | ||||||
| 21 | licensee in accordance with all other applicable provisions of | ||||||
| 22 | law. | ||||||
| 23 | (d) Signs stating that the carrying of firearms is | ||||||
| 24 | prohibited shall be clearly and conspicuously posted at the | ||||||
| 25 | entrance of a building, premises, or real property specified in | ||||||
| 26 | this Section as a prohibited area, unless the building or | ||||||
| |||||||
| |||||||
| 1 | premises is a private residence. Signs shall be of a uniform | ||||||
| 2 | design as established by the Illinois State Police Department | ||||||
| 3 | and shall be 4 inches by 6 inches in size. The Illinois State | ||||||
| 4 | Police Department shall adopt rules for standardized signs to | ||||||
| 5 | be used under this subsection.
| ||||||
| 6 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
| 7 | (430 ILCS 66/70) | ||||||
| 8 | Sec. 70. Violations. | ||||||
| 9 | (a) A license issued or renewed under this Act shall be | ||||||
| 10 | revoked if, at any time, the licensee is found to be ineligible | ||||||
| 11 | for a license under this Act or the licensee no longer meets | ||||||
| 12 | the eligibility requirements of the Firearm Owners | ||||||
| 13 | Identification Card Act. | ||||||
| 14 | (b) A license shall be suspended if an order of protection, | ||||||
| 15 | including an emergency order of protection, plenary order of | ||||||
| 16 | protection, or interim order of protection under Article 112A | ||||||
| 17 | of the Code of Criminal Procedure of 1963 or under the Illinois | ||||||
| 18 | Domestic Violence Act of 1986, or if a firearms restraining | ||||||
| 19 | order, including an emergency firearms restraining order, | ||||||
| 20 | under the Firearms Restraining Order Act, is issued against a | ||||||
| 21 | licensee for the duration of the order, or if the Illinois | ||||||
| 22 | State Police Department is made aware of a similar order issued | ||||||
| 23 | against the licensee in any other jurisdiction. If an order of | ||||||
| 24 | protection is issued against a licensee, the licensee shall | ||||||
| 25 | surrender the license, as applicable, to the court at the time | ||||||
| |||||||
| |||||||
| 1 | the order is entered or to the law enforcement agency or entity | ||||||
| 2 | serving process at the time the licensee is served the order. | ||||||
| 3 | The court, law enforcement agency, or entity responsible for | ||||||
| 4 | serving the order of protection shall notify the Illinois State | ||||||
| 5 | Police Department within 7 days and transmit the license to the | ||||||
| 6 | Illinois State Police Department. | ||||||
| 7 | (c) A license is invalid upon expiration of the license, | ||||||
| 8 | unless the licensee has submitted an application to renew the | ||||||
| 9 | license, and the applicant is otherwise eligible to possess a | ||||||
| 10 | license under this Act. | ||||||
| 11 | (d) A licensee shall not carry a concealed firearm while | ||||||
| 12 | under the influence of alcohol, other drug or drugs, | ||||||
| 13 | intoxicating compound or combination of compounds, or any | ||||||
| 14 | combination thereof, under the standards set forth in | ||||||
| 15 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
| 16 | A licensee in violation of this subsection (d) shall be | ||||||
| 17 | guilty of a Class A misdemeanor for a first or second violation | ||||||
| 18 | and a Class 4 felony for a third violation. The Illinois State | ||||||
| 19 | Police Department may suspend a license for up to 6 months for | ||||||
| 20 | a second violation and shall permanently revoke a license for a | ||||||
| 21 | third violation. | ||||||
| 22 | (e) Except as otherwise provided, a licensee in violation | ||||||
| 23 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
| 24 | or subsequent violation is a Class A misdemeanor. The Illinois | ||||||
| 25 | State Police Department may suspend a license for up to 6 | ||||||
| 26 | months for a second violation and shall permanently revoke a | ||||||
| |||||||
| |||||||
| 1 | license for 3 or more violations of Section 65 of this Act. Any | ||||||
| 2 | person convicted of a violation under this Section shall pay a | ||||||
| 3 | $150 fee to be deposited into the Mental Health Reporting Fund, | ||||||
| 4 | plus any applicable court costs or fees. | ||||||
| 5 | (f) A licensee convicted or found guilty of a violation of | ||||||
| 6 | this Act who has a valid license and is otherwise eligible to | ||||||
| 7 | carry a concealed firearm shall only be subject to the | ||||||
| 8 | penalties under this Section and shall not be subject to the | ||||||
| 9 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
| 10 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
| 11 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
| 12 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
| 13 | subsection, nothing in this subsection prohibits the licensee | ||||||
| 14 | from being subjected to penalties for violations other than | ||||||
| 15 | those specified in this Act. | ||||||
| 16 | (g) A licensee whose license is revoked, suspended, or | ||||||
| 17 | denied shall, within 48 hours of receiving notice of the | ||||||
| 18 | revocation, suspension, or denial, surrender his or her | ||||||
| 19 | concealed carry license to the local law enforcement agency | ||||||
| 20 | where the person resides. The local law enforcement agency | ||||||
| 21 | shall provide the licensee a receipt and transmit the concealed | ||||||
| 22 | carry license to the Illinois Department of State Police. If | ||||||
| 23 | the licensee whose concealed carry license has been revoked, | ||||||
| 24 | suspended, or denied fails to comply with the requirements of | ||||||
| 25 | this subsection, the law enforcement agency where the person | ||||||
| 26 | resides may petition the circuit court to issue a warrant to | ||||||
| |||||||
| |||||||
| 1 | search for and seize the concealed carry license in the | ||||||
| 2 | possession and under the custody or control of the licensee | ||||||
| 3 | whose concealed carry license has been revoked, suspended, or | ||||||
| 4 | denied. The observation of a concealed carry license in the | ||||||
| 5 | possession of a person whose license has been revoked, | ||||||
| 6 | suspended, or denied constitutes a sufficient basis for the | ||||||
| 7 | arrest of that person for violation of this subsection. A | ||||||
| 8 | violation of this subsection is a Class A misdemeanor. | ||||||
| 9 | (h) A license issued or renewed under this Act shall be | ||||||
| 10 | revoked if, at any time, the licensee is found ineligible for a | ||||||
| 11 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
| 12 | possesses a valid Firearm Owner's Identification Card. A | ||||||
| 13 | licensee whose license is revoked under this subsection (h) | ||||||
| 14 | shall surrender his or her concealed carry license as provided | ||||||
| 15 | for in subsection (g) of this Section. | ||||||
| 16 | This subsection shall not apply to a person who has filed | ||||||
| 17 | an application with the Illinois State Police for renewal of a | ||||||
| 18 | Firearm
Owner's Identification Card and who is not otherwise | ||||||
| 19 | ineligible to obtain a Firearm Owner's Identification Card.
| ||||||
| 20 | (i) A certified firearms instructor who knowingly provides | ||||||
| 21 | or offers to provide a false certification that an applicant | ||||||
| 22 | has completed firearms training as required under this Act is | ||||||
| 23 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
| 24 | of this subsection (i) is not eligible for court supervision. | ||||||
| 25 | The Illinois State Police Department shall permanently revoke | ||||||
| 26 | the firearms instructor certification of a person convicted | ||||||
| |||||||
| |||||||
| 1 | under this subsection (i). | ||||||
| 2 | (Source: P.A. 100-607, eff. 1-1-19.)
| ||||||
| 3 | (430 ILCS 66/75)
| ||||||
| 4 | Sec. 75. Applicant firearm training. | ||||||
| 5 | (a) Within 60 days of the effective date of this Act, the | ||||||
| 6 | Illinois State Police Department shall begin approval of | ||||||
| 7 | firearm training courses and shall make a list of approved | ||||||
| 8 | courses available on the Illinois State Police's Department's | ||||||
| 9 | website. | ||||||
| 10 | (b) An applicant for a new license shall provide proof of | ||||||
| 11 | completion of a firearms training course or combination of | ||||||
| 12 | courses approved by the Illinois State Police Department of at | ||||||
| 13 | least 16 hours, which includes range qualification time under | ||||||
| 14 | subsection (c) of this Section, that covers the following: | ||||||
| 15 | (1) firearm safety; | ||||||
| 16 | (2) the basic principles of marksmanship; | ||||||
| 17 | (3) care, cleaning, loading, and unloading of a | ||||||
| 18 | concealable firearm; | ||||||
| 19 | (4) all applicable State and federal laws relating to | ||||||
| 20 | the ownership, storage, carry, and transportation of a | ||||||
| 21 | firearm; and | ||||||
| 22 | (5) instruction on the appropriate and lawful | ||||||
| 23 | interaction with law enforcement while transporting or | ||||||
| 24 | carrying a concealed firearm. | ||||||
| 25 | (c) An applicant for a new license shall provide proof of | ||||||
| |||||||
| |||||||
| 1 | certification by a certified instructor that the applicant | ||||||
| 2 | passed a live fire exercise with a concealable firearm | ||||||
| 3 | consisting of: | ||||||
| 4 | (1) a minimum of 30 rounds; and | ||||||
| 5 | (2) 10 rounds from a distance of 5 yards; 10 rounds | ||||||
| 6 | from a distance of 7 yards; and 10 rounds from a distance | ||||||
| 7 | of 10 yards at a B-27 silhouette target approved by the | ||||||
| 8 | Illinois State Police Department. | ||||||
| 9 | (d) An applicant for renewal of a license shall provide | ||||||
| 10 | proof of completion of a firearms training course or | ||||||
| 11 | combination of courses approved by the Illinois State Police | ||||||
| 12 | Department of at least 3 hours. | ||||||
| 13 | (e) A certificate of completion for an applicant's firearm | ||||||
| 14 | training course shall not be issued to a student who: | ||||||
| 15 | (1) does not follow the orders of the certified | ||||||
| 16 | firearms instructor;
| ||||||
| 17 | (2) in the judgment of the certified instructor, | ||||||
| 18 | handles a firearm in a manner that poses a danger to the | ||||||
| 19 | student or to others; or
| ||||||
| 20 | (3) during the range firing portion of testing fails to | ||||||
| 21 | hit the target with 70% of the rounds fired. | ||||||
| 22 | (f) An instructor shall maintain a record of each student's | ||||||
| 23 | performance for at least 5 years, and shall make all records | ||||||
| 24 | available upon demand of authorized personnel of the Illinois | ||||||
| 25 | State Police Department. | ||||||
| 26 | (g) The Illinois State Police Department and certified | ||||||
| |||||||
| |||||||
| 1 | firearms instructors shall recognize up to 8 hours of training | ||||||
| 2 | already completed toward the 16 hour training requirement under | ||||||
| 3 | this Section if the training course is submitted to and | ||||||
| 4 | approved by the Illinois State Police Department. Any remaining | ||||||
| 5 | hours that the applicant completes must at least cover the | ||||||
| 6 | classroom subject matter of paragraph (4) of subsection (b) of | ||||||
| 7 | this Section, and the range qualification in subsection (c) of | ||||||
| 8 | this Section. | ||||||
| 9 | (h) A person who has qualified to carry a firearm as an | ||||||
| 10 | active law enforcement or corrections officer, who has | ||||||
| 11 | successfully completed firearms training as required by his or | ||||||
| 12 | her law enforcement agency and is authorized by his or her | ||||||
| 13 | agency to carry a firearm; a person currently certified as a | ||||||
| 14 | firearms instructor by this Act or by the Illinois Law | ||||||
| 15 | Enforcement Training Standards Board; or a person who has | ||||||
| 16 | completed the required training and has been issued a firearm | ||||||
| 17 | control card by the Department of Financial and Professional | ||||||
| 18 | Regulation shall be exempt from the requirements of this | ||||||
| 19 | Section. | ||||||
| 20 | (i) The Illinois State Police Department and certified | ||||||
| 21 | firearms instructors shall recognize 8 hours of training as | ||||||
| 22 | completed toward the 16 hour training requirement under this | ||||||
| 23 | Section, if the applicant is an active, retired, or honorably | ||||||
| 24 | discharged member of the United States Armed Forces. Any | ||||||
| 25 | remaining hours that the applicant completes must at least | ||||||
| 26 | cover the classroom subject matter of paragraph (4) of | ||||||
| |||||||
| |||||||
| 1 | subsection (b) of this Section, and the range qualification in | ||||||
| 2 | subsection (c) of this Section.
| ||||||
| 3 | (j) The Illinois State Police Department and certified | ||||||
| 4 | firearms instructors shall recognize up to 8 hours of training | ||||||
| 5 | already
completed toward the 16 hour training requirement under | ||||||
| 6 | this Section if the training course is approved
by the Illinois | ||||||
| 7 | State Police Department and was completed in connection with | ||||||
| 8 | the applicant's previous employment as a law
enforcement or | ||||||
| 9 | corrections officer. Any remaining hours that the applicant | ||||||
| 10 | completes must at least cover the classroom
subject matter of | ||||||
| 11 | paragraph (4) of subsection (b) of this Section, and the range | ||||||
| 12 | qualification in
subsection (c) of this Section. A former law | ||||||
| 13 | enforcement or corrections officer seeking credit under this | ||||||
| 14 | subsection (j) shall provide evidence that he or she separated | ||||||
| 15 | from employment in good standing from each law enforcement | ||||||
| 16 | agency where he or she was employed. An applicant who was | ||||||
| 17 | discharged from a law enforcement agency for misconduct or | ||||||
| 18 | disciplinary reasons is not eligible for credit under this | ||||||
| 19 | subsection (j). | ||||||
| 20 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
| ||||||
| 21 | (430 ILCS 66/80) | ||||||
| 22 | Sec. 80. Certified firearms instructors. | ||||||
| 23 | (a) Within 60 days of the effective date of this Act, the | ||||||
| 24 | Illinois State Police Department shall begin approval of | ||||||
| 25 | certified firearms instructors and enter certified firearms | ||||||
| |||||||
| |||||||
| 1 | instructors into an online registry on the Illinois State | ||||||
| 2 | Police's Department's website. | ||||||
| 3 | (b) A person who is not a certified firearms instructor | ||||||
| 4 | shall not teach applicant training courses or advertise or | ||||||
| 5 | otherwise represent courses they teach as qualifying their | ||||||
| 6 | students to meet the requirements to receive a license under | ||||||
| 7 | this Act. Each violation of this subsection is a business | ||||||
| 8 | offense with a fine of at least $1,000 per violation. | ||||||
| 9 | (c) A person seeking to become a certified firearms | ||||||
| 10 | instructor shall: | ||||||
| 11 | (1) be at least 21 years of age; | ||||||
| 12 | (2) be a legal resident of the United States; and | ||||||
| 13 | (3) meet the requirements of Section 25 of this Act, | ||||||
| 14 | except for the Illinois residency
requirement in item (xiv) | ||||||
| 15 | of paragraph (2) of subsection (a) of Section 4 of the | ||||||
| 16 | Firearm
Owners Identification Card Act; and any additional | ||||||
| 17 | uniformly applied requirements established by the Illinois | ||||||
| 18 | State Police Department. | ||||||
| 19 | (d) A person seeking to become a certified firearms | ||||||
| 20 | instructor, in addition to the requirements of subsection (c) | ||||||
| 21 | of this Section, shall: | ||||||
| 22 | (1) possess a high school diploma or high school | ||||||
| 23 | equivalency certificate; and | ||||||
| 24 | (2) have at least one of the following valid firearms | ||||||
| 25 | instructor certifications: | ||||||
| 26 | (A) certification from a law enforcement agency; | ||||||
| |||||||
| |||||||
| 1 | (B) certification from a firearm instructor course | ||||||
| 2 | offered by a State or federal governmental agency; | ||||||
| 3 | (C) certification from a firearm instructor | ||||||
| 4 | qualification course offered by the Illinois Law | ||||||
| 5 | Enforcement Training Standards Board; or | ||||||
| 6 | (D) certification from an entity approved by the | ||||||
| 7 | Illinois State Police Department that offers firearm | ||||||
| 8 | instructor education and training in the use and safety | ||||||
| 9 | of firearms. | ||||||
| 10 | (e) A person may have his or her firearms instructor | ||||||
| 11 | certification denied or revoked if he or she does not meet the | ||||||
| 12 | requirements to obtain a license under this Act, provides false | ||||||
| 13 | or misleading information to the Illinois State Police | ||||||
| 14 | Department, or has had a prior instructor certification revoked | ||||||
| 15 | or denied by the Illinois State Police Department.
| ||||||
| 16 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, | ||||||
| 17 | eff. 1-1-15.)
| ||||||
| 18 | (430 ILCS 66/87)
| ||||||
| 19 | Sec. 87. Administrative and judicial review. | ||||||
| 20 | (a) Whenever an application for a concealed carry license | ||||||
| 21 | is denied, whenever the Illinois State Police Department fails | ||||||
| 22 | to act on an application
within 90 days of its receipt, or | ||||||
| 23 | whenever a license is revoked or suspended as provided in this | ||||||
| 24 | Act, the aggrieved party may
appeal
to the Director for a | ||||||
| 25 | hearing upon
the denial, revocation, suspension, or failure to | ||||||
| |||||||
| |||||||
| 1 | act on the application, unless the denial
was made by the | ||||||
| 2 | Concealed Carry Licensing Review Board, in which case the
| ||||||
| 3 | aggrieved party may petition the circuit court in writing in | ||||||
| 4 | the county of
his or her residence for a hearing upon the | ||||||
| 5 | denial. | ||||||
| 6 | (b) All final administrative decisions of the Illinois | ||||||
| 7 | State Police Department or the Concealed Carry Licensing Review | ||||||
| 8 | Board under this
Act shall be subject to judicial review under | ||||||
| 9 | the provisions of the Administrative
Review Law. The term
| ||||||
| 10 | "administrative decision" is defined as in Section 3-101 of the | ||||||
| 11 | Code of
Civil Procedure.
| ||||||
| 12 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 13 | (430 ILCS 66/95)
| ||||||
| 14 | Sec. 95. Procurement; rulemaking. | ||||||
| 15 | (a) The Illinois Department of State Police, in | ||||||
| 16 | consultation with and subject to the approval of the Chief | ||||||
| 17 | Procurement Officer, may procure a single contract or multiple | ||||||
| 18 | contracts to implement the provisions of this Act. A contract | ||||||
| 19 | or contracts under this paragraph are not subject to the | ||||||
| 20 | provisions of the Illinois Procurement Code, except for | ||||||
| 21 | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that | ||||||
| 22 | Code, provided that the Chief Procurement Officer may, in | ||||||
| 23 | writing with justification, waive any certification required | ||||||
| 24 | under Article 50. This exemption shall be repealed one year | ||||||
| 25 | from the effective date of this Act. | ||||||
| |||||||
| |||||||
| 1 | (b) The Illinois State Police Department shall adopt rules | ||||||
| 2 | to implement the provisions of this Act. The Illinois State | ||||||
| 3 | Police Department may adopt rules necessary to implement the | ||||||
| 4 | provisions of this Act through the use of emergency rulemaking | ||||||
| 5 | in accordance with Section 5-45 of the Illinois Administrative | ||||||
| 6 | Procedure Act for a period not to exceed 180 days after the | ||||||
| 7 | effective date of this Act.
| ||||||
| 8 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 9 | (430 ILCS 66/105)
| ||||||
| 10 | Sec. 105. Duty of school administrator. It is the duty of | ||||||
| 11 | the principal
of a public elementary or secondary school, or | ||||||
| 12 | his or her designee, and the
chief administrative officer of a | ||||||
| 13 | private elementary or secondary school or a
public or private | ||||||
| 14 | community college, college, or university, or his or her
| ||||||
| 15 | designee, to report to the Illinois Department of State Police | ||||||
| 16 | when a student is determined to pose a clear and present danger | ||||||
| 17 | to himself, herself, or to others, within 24 hours of
the | ||||||
| 18 | determination as provided in Section 6-103.3 of the Mental | ||||||
| 19 | Health and Developmental Disabilities Code. "Clear and present | ||||||
| 20 | danger" has the meaning as provided in paragraph (2) of the | ||||||
| 21 | definition of "clear and present danger" in Section 1.1 of the | ||||||
| 22 | Firearm Owners Identification Card Act.
| ||||||
| 23 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 24 | Section 875. The Firearms Restraining Order Act is amended | ||||||
| |||||||
| |||||||
| 1 | by changing Sections 35, 40, 50, 55, and 60 as follows:
| ||||||
| 2 | (430 ILCS 67/35)
| ||||||
| 3 | Sec. 35. Ex parte orders and emergency hearings.
| ||||||
| 4 | (a) A petitioner may request an emergency firearms | ||||||
| 5 | restraining order by filing an affidavit or verified pleading | ||||||
| 6 | alleging that the respondent poses an immediate and present | ||||||
| 7 | danger of causing personal injury to himself, herself, or | ||||||
| 8 | another by having in his or her custody or control, purchasing, | ||||||
| 9 | possessing, or receiving a firearm. The petition shall also | ||||||
| 10 | describe the type and location of any firearm or firearms | ||||||
| 11 | presently believed by the petitioner to be possessed or | ||||||
| 12 | controlled by the respondent.
| ||||||
| 13 | (b) If the respondent is alleged to pose an immediate and | ||||||
| 14 | present danger of causing personal injury to an intimate | ||||||
| 15 | partner, or an intimate partner is alleged to have been the | ||||||
| 16 | target of a threat or act of violence by the respondent, the | ||||||
| 17 | petitioner shall make a good faith effort to provide notice to | ||||||
| 18 | any and all intimate partners of the respondent. The notice | ||||||
| 19 | must include that the petitioner intends to petition the court | ||||||
| 20 | for an emergency firearms restraining order, and, if the | ||||||
| 21 | petitioner is a law enforcement officer, referral to relevant | ||||||
| 22 | domestic violence or stalking advocacy or counseling | ||||||
| 23 | resources, if appropriate. The petitioner shall attest to | ||||||
| 24 | having provided the notice in the filed affidavit or verified | ||||||
| 25 | pleading. If, after making a good faith effort, the petitioner | ||||||
| |||||||
| |||||||
| 1 | is unable to provide notice to any or all intimate partners, | ||||||
| 2 | the affidavit or verified pleading should describe what efforts | ||||||
| 3 | were made. | ||||||
| 4 | (c) Every person who files a petition for an emergency | ||||||
| 5 | firearms restraining order, knowing the information provided | ||||||
| 6 | to the court at any hearing or in the affidavit or verified | ||||||
| 7 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
| 8 | of the Criminal Code of 2012.
| ||||||
| 9 | (d) An emergency firearms restraining order shall be issued | ||||||
| 10 | on an ex parte basis, that is, without notice to the | ||||||
| 11 | respondent.
| ||||||
| 12 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
| 13 | held the same day that the petition is filed or the next day | ||||||
| 14 | that the court is in session.
| ||||||
| 15 | (f) If a circuit or associate judge finds probable cause to | ||||||
| 16 | believe that the respondent poses an immediate and present | ||||||
| 17 | danger of causing personal injury to himself, herself, or | ||||||
| 18 | another by having in his or her custody or control, purchasing, | ||||||
| 19 | possessing, or receiving a firearm, the circuit or associate | ||||||
| 20 | judge shall issue an emergency order.
| ||||||
| 21 | (f-5) If the court issues an emergency firearms restraining | ||||||
| 22 | order, it shall, upon a finding of probable cause that the | ||||||
| 23 | respondent possesses firearms, issue a search warrant | ||||||
| 24 | directing a law enforcement agency to seize the respondent's | ||||||
| 25 | firearms. The court may, as part of that warrant, direct the | ||||||
| 26 | law enforcement agency to search the respondent's residence and | ||||||
| |||||||
| |||||||
| 1 | other places where the court finds there is probable cause to | ||||||
| 2 | believe he or she is likely to possess the firearms. | ||||||
| 3 | (g) An emergency firearms restraining order shall require:
| ||||||
| 4 | (1) the respondent to refrain from having in his or her | ||||||
| 5 | custody or control, purchasing, possessing, or receiving | ||||||
| 6 | additional firearms for the duration of the order;
and | ||||||
| 7 | (2) the respondent to turn over to the local law | ||||||
| 8 | enforcement agency any Firearm Owner's Identification Card | ||||||
| 9 | and concealed carry license in his or her possession. The | ||||||
| 10 | local law enforcement agency shall immediately mail the | ||||||
| 11 | card and concealed carry license to the Illinois Department | ||||||
| 12 | of State Police Firearm Services Bureau for safekeeping. | ||||||
| 13 | The firearm or firearms and Firearm Owner's Identification | ||||||
| 14 | Card and concealed carry license, if unexpired, shall be | ||||||
| 15 | returned to the respondent after the firearms restraining | ||||||
| 16 | order is terminated or expired. | ||||||
| 17 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
| 18 | this Section, upon expiration of the period of safekeeping, if | ||||||
| 19 | the firearms or Firearm Owner's Identification Card and | ||||||
| 20 | concealed carry license cannot be returned to the respondent | ||||||
| 21 | because the respondent cannot be located, fails to respond to | ||||||
| 22 | requests to retrieve the firearms, or is not lawfully eligible | ||||||
| 23 | to possess a firearm, upon petition from the local law | ||||||
| 24 | enforcement agency, the court may order the local law | ||||||
| 25 | enforcement agency to destroy the firearms, use the firearms | ||||||
| 26 | for training purposes, or use the firearms for any other | ||||||
| |||||||
| |||||||
| 1 | application as deemed appropriate by the local law enforcement | ||||||
| 2 | agency.
| ||||||
| 3 | (h-5) A respondent whose Firearm Owner's Identification | ||||||
| 4 | Card has been revoked or suspended may petition the court, if | ||||||
| 5 | the petitioner is present in court or has notice of the | ||||||
| 6 | respondent's petition, to transfer the respondent's firearm to | ||||||
| 7 | a person who is lawfully able to possess the firearm if the | ||||||
| 8 | person does not reside at the same address as the respondent. | ||||||
| 9 | Notice of the petition shall be served upon the person | ||||||
| 10 | protected by the emergency firearms restraining order. While | ||||||
| 11 | the order is in effect, the transferee who receives the | ||||||
| 12 | respondent's firearms must swear or affirm by affidavit that he | ||||||
| 13 | or she shall not transfer the firearm to the respondent or to | ||||||
| 14 | anyone residing in the same residence as the respondent. | ||||||
| 15 | (h-6) If a person other than the respondent claims title to | ||||||
| 16 | any firearms surrendered under this Section, he or she may | ||||||
| 17 | petition the court, if the petitioner is present in court or | ||||||
| 18 | has notice of the petition, to have the firearm returned to him | ||||||
| 19 | or her. If the court determines that person to be the lawful | ||||||
| 20 | owner of the firearm, the firearm shall be returned to him or | ||||||
| 21 | her, provided that: | ||||||
| 22 | (1) the firearm is removed from the respondent's | ||||||
| 23 | custody, control, or possession and the lawful owner agrees | ||||||
| 24 | to store the firearm in a manner such that the respondent | ||||||
| 25 | does not have access to or control of the firearm; and | ||||||
| 26 | (2) the firearm is not otherwise unlawfully possessed | ||||||
| |||||||
| |||||||
| 1 | by the owner. | ||||||
| 2 | The person petitioning for the return of his or her firearm | ||||||
| 3 | must swear or affirm by affidavit that he or she: (i) is the | ||||||
| 4 | lawful owner of the firearm; (ii) shall not transfer the | ||||||
| 5 | firearm to the respondent; and (iii) will store the firearm in | ||||||
| 6 | a manner that the respondent does not have access to or control | ||||||
| 7 | of the firearm. | ||||||
| 8 | (i) In accordance with subsection (e) of this Section, the | ||||||
| 9 | court shall schedule a full hearing as soon as possible, but no | ||||||
| 10 | longer than 14 days from the issuance of an ex parte firearms | ||||||
| 11 | restraining order, to determine if a 6-month firearms | ||||||
| 12 | restraining order shall be issued. The court may extend an ex | ||||||
| 13 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
| 14 | service of the order or if necessary to continue protection. | ||||||
| 15 | The court may extend the order for a greater length of time by | ||||||
| 16 | mutual agreement of the parties.
| ||||||
| 17 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 18 | (430 ILCS 67/40)
| ||||||
| 19 | Sec. 40. Six-month orders.
| ||||||
| 20 | (a) A petitioner may request a 6-month firearms restraining | ||||||
| 21 | order by filing an affidavit or verified pleading alleging that | ||||||
| 22 | the respondent poses a significant danger of causing personal | ||||||
| 23 | injury to himself, herself, or another in the near future by | ||||||
| 24 | having in his or her custody or control, purchasing, | ||||||
| 25 | possessing, or receiving a firearm. The petition shall also | ||||||
| |||||||
| |||||||
| 1 | describe the number, types, and locations of any firearms | ||||||
| 2 | presently believed by the petitioner to be possessed or | ||||||
| 3 | controlled by the respondent.
| ||||||
| 4 | (b) If the respondent is alleged to pose a significant | ||||||
| 5 | danger of causing personal injury to an intimate partner, or an | ||||||
| 6 | intimate partner is alleged to have been the target of a threat | ||||||
| 7 | or act of violence by the respondent, the petitioner shall make | ||||||
| 8 | a good faith effort to provide notice to any and all intimate | ||||||
| 9 | partners of the respondent. The notice must include that the | ||||||
| 10 | petitioner intends to petition the court for a 6-month firearms | ||||||
| 11 | restraining order, and, if the petitioner is a law enforcement | ||||||
| 12 | officer, referral to relevant domestic violence or stalking | ||||||
| 13 | advocacy or counseling resources, if appropriate. The | ||||||
| 14 | petitioner shall attest to having provided the notice in the | ||||||
| 15 | filed affidavit or verified pleading. If, after making a good | ||||||
| 16 | faith effort, the petitioner is unable to provide notice to any | ||||||
| 17 | or all intimate partners, the affidavit or verified pleading | ||||||
| 18 | should describe what efforts were made. | ||||||
| 19 | (c) Every person who files a petition for a 6-month | ||||||
| 20 | firearms restraining order, knowing the information provided | ||||||
| 21 | to the court at any hearing or in the affidavit or verified | ||||||
| 22 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
| 23 | of the Criminal Code of 2012.
| ||||||
| 24 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
| 25 | restraining order, the court shall order a hearing within 30 | ||||||
| 26 | days.
| ||||||
| |||||||
| |||||||
| 1 | (e) In determining whether to issue a firearms restraining | ||||||
| 2 | order under this Section, the court shall consider evidence | ||||||
| 3 | including, but not limited to, the following:
| ||||||
| 4 | (1) The unlawful and reckless use, display, or | ||||||
| 5 | brandishing of a firearm by the respondent.
| ||||||
| 6 | (2) The history of use, attempted use, or threatened | ||||||
| 7 | use of physical force by the respondent against another | ||||||
| 8 | person.
| ||||||
| 9 | (3) Any prior arrest of the respondent for a felony | ||||||
| 10 | offense. | ||||||
| 11 | (4) Evidence of the abuse of controlled substances or | ||||||
| 12 | alcohol by the respondent. | ||||||
| 13 | (5) A recent threat of violence or act of violence by | ||||||
| 14 | the respondent directed toward himself, herself, or | ||||||
| 15 | another. | ||||||
| 16 | (6) A violation of an emergency order of protection | ||||||
| 17 | issued under Section 217 of the Illinois Domestic Violence | ||||||
| 18 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
| 19 | Procedure of 1963 or of an order of protection issued under | ||||||
| 20 | Section 214 of the Illinois Domestic Violence Act of 1986 | ||||||
| 21 | or Section 112A-14 of the Code of Criminal Procedure of | ||||||
| 22 | 1963.
| ||||||
| 23 | (7) A pattern of violent acts or violent threats, | ||||||
| 24 | including, but not limited to, threats of violence or acts | ||||||
| 25 | of violence by the respondent directed toward himself, | ||||||
| 26 | herself, or another. | ||||||
| |||||||
| |||||||
| 1 | (f) At the hearing, the petitioner shall have the burden of | ||||||
| 2 | proving, by clear and convincing evidence, that the respondent | ||||||
| 3 | poses a significant danger of personal injury to himself, | ||||||
| 4 | herself, or another by having in his or her custody or control, | ||||||
| 5 | purchasing, possessing, or receiving a firearm. | ||||||
| 6 | (g) If the court finds that there is clear and convincing | ||||||
| 7 | evidence to issue a firearms restraining order, the court shall | ||||||
| 8 | issue a firearms restraining order that shall be in effect for | ||||||
| 9 | 6 months subject to renewal under Section 45 of this Act or | ||||||
| 10 | termination under that Section. | ||||||
| 11 | (g-5) If the court issues a 6-month firearms restraining | ||||||
| 12 | order, it shall, upon a finding of probable cause that the | ||||||
| 13 | respondent possesses firearms, issue a search warrant | ||||||
| 14 | directing a law enforcement agency to seize the respondent's | ||||||
| 15 | firearms. The court may, as part of that warrant, direct the | ||||||
| 16 | law enforcement agency to search the respondent's residence and | ||||||
| 17 | other places where the court finds there is probable cause to | ||||||
| 18 | believe he or she is likely to possess the firearms. | ||||||
| 19 | (h) A 6-month firearms restraining order shall require: | ||||||
| 20 | (1) the respondent to refrain from having in his or her | ||||||
| 21 | custody or control, purchasing, possessing, or receiving | ||||||
| 22 | additional firearms for the duration of the order; and | ||||||
| 23 | (2) the respondent to turn over to the local law | ||||||
| 24 | enforcement agency any firearm or Firearm Owner's | ||||||
| 25 | Identification Card and concealed carry license in his or | ||||||
| 26 | her possession. The local law enforcement agency shall | ||||||
| |||||||
| |||||||
| 1 | immediately mail the card and concealed carry license to | ||||||
| 2 | the Illinois Department of State Police Firearm Services | ||||||
| 3 | Bureau for safekeeping. The firearm or firearms and Firearm | ||||||
| 4 | Owner's Identification Card and concealed carry license, | ||||||
| 5 | if unexpired, shall be returned to the respondent after the | ||||||
| 6 | firearms restraining order is terminated or expired. | ||||||
| 7 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
| 8 | this Section, upon expiration of the period of safekeeping, if | ||||||
| 9 | the firearms or Firearm Owner's Identification Card cannot be | ||||||
| 10 | returned to the respondent because the respondent cannot be | ||||||
| 11 | located, fails to respond to requests to retrieve the firearms, | ||||||
| 12 | or is not lawfully eligible to possess a firearm, upon petition | ||||||
| 13 | from the local law enforcement agency, the court may order the | ||||||
| 14 | local law enforcement agency to destroy the firearms, use the | ||||||
| 15 | firearms for training purposes, or use the firearms for any | ||||||
| 16 | other application as deemed appropriate by the local law | ||||||
| 17 | enforcement agency. | ||||||
| 18 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
| 19 | Card has been revoked or suspended may petition the court, if | ||||||
| 20 | the petitioner is present in court or has notice of the | ||||||
| 21 | respondent's petition, to transfer the respondent's firearm to | ||||||
| 22 | a person who is lawfully able to possess the firearm if the | ||||||
| 23 | person does not reside at the same address as the respondent. | ||||||
| 24 | Notice of the petition shall be served upon the person | ||||||
| 25 | protected by the emergency firearms restraining order. While | ||||||
| 26 | the order is in effect, the transferee who receives the | ||||||
| |||||||
| |||||||
| 1 | respondent's firearms must swear or affirm by affidavit that he | ||||||
| 2 | or she shall not transfer the firearm to the respondent or to | ||||||
| 3 | anyone residing in the same residence as the respondent. | ||||||
| 4 | (i-6) If a person other than the respondent claims title to | ||||||
| 5 | any firearms surrendered under this Section, he or she may | ||||||
| 6 | petition the court, if the petitioner is present in court or | ||||||
| 7 | has notice of the petition, to have the firearm returned to him | ||||||
| 8 | or her. If the court determines that person to be the lawful | ||||||
| 9 | owner of the firearm, the firearm shall be returned to him or | ||||||
| 10 | her, provided that: | ||||||
| 11 | (1) the firearm is removed from the respondent's | ||||||
| 12 | custody, control, or possession and the lawful owner agrees | ||||||
| 13 | to store the firearm in a manner such that the respondent | ||||||
| 14 | does not have access to or control of the firearm; and | ||||||
| 15 | (2) the firearm is not otherwise unlawfully possessed | ||||||
| 16 | by the owner. | ||||||
| 17 | The person petitioning for the return of his or her firearm | ||||||
| 18 | must swear or affirm by affidavit that he or she: (i) is the | ||||||
| 19 | lawful owner of the firearm; (ii) shall not transfer the | ||||||
| 20 | firearm to the respondent; and (iii) will store the firearm in | ||||||
| 21 | a manner that the respondent does not have access to or control | ||||||
| 22 | of the firearm. | ||||||
| 23 | (j) If the court does not issue a firearms restraining | ||||||
| 24 | order at the hearing, the court shall dissolve any emergency | ||||||
| 25 | firearms restraining order then in effect. | ||||||
| 26 | (k) When the court issues a firearms restraining order | ||||||
| |||||||
| |||||||
| 1 | under this Section, the court shall inform the respondent that | ||||||
| 2 | he or she is entitled to one hearing during the period of the | ||||||
| 3 | order to request a termination of the order, under Section 45 | ||||||
| 4 | of this Act, and shall provide the respondent with a form to | ||||||
| 5 | request a hearing.
| ||||||
| 6 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 7 | (430 ILCS 67/50)
| ||||||
| 8 | Sec. 50. Notice of orders.
| ||||||
| 9 | (a) Entry and issuance. Upon issuance of any firearms | ||||||
| 10 | restraining order, the clerk shall immediately, or on the next | ||||||
| 11 | court day if an emergency firearms restraining order is issued | ||||||
| 12 | in accordance with Section 35 of this Act (emergency firearms | ||||||
| 13 | restraining order): (i) enter the order on the record and file | ||||||
| 14 | it in accordance with the circuit court procedures and (ii) | ||||||
| 15 | provide a file stamped copy of the order to the respondent, if | ||||||
| 16 | present, and to the petitioner.
| ||||||
| 17 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
| 18 | shall, or the petitioner may, on the same day that a firearms | ||||||
| 19 | restraining order is issued, file a certified copy of that | ||||||
| 20 | order with the sheriff or other law enforcement officials | ||||||
| 21 | charged with maintaining Illinois Department of State Police | ||||||
| 22 | records or charged with serving the order upon the respondent. | ||||||
| 23 | If the order was issued in accordance with Section 35 of this | ||||||
| 24 | Act (emergency firearms restraining order), the clerk shall, on | ||||||
| 25 | the next court day, file a certified copy of the order with the | ||||||
| |||||||
| |||||||
| 1 | sheriff or other law enforcement officials charged with | ||||||
| 2 | maintaining Illinois Department of State Police records.
| ||||||
| 3 | (c) Service by sheriff. Unless the respondent was present | ||||||
| 4 | in court when the order was issued, the sheriff or other law | ||||||
| 5 | enforcement official shall promptly serve that order upon the | ||||||
| 6 | respondent and file proof of the service, in the manner | ||||||
| 7 | provided for service of process in civil proceedings. Instead | ||||||
| 8 | of serving the order upon the respondent, however, the sheriff, | ||||||
| 9 | other law enforcement official, or other persons defined in | ||||||
| 10 | Section 112A-22.10 of the Code of Criminal Procedure of 1963 | ||||||
| 11 | may serve the respondent with a short form notification as | ||||||
| 12 | provided in that Section. If process has not yet been served | ||||||
| 13 | upon the respondent, it shall be served with the order or short | ||||||
| 14 | form notification if the service is made by the sheriff, or | ||||||
| 15 | other law enforcement official. | ||||||
| 16 | (d) Any order renewing or terminating any firearms | ||||||
| 17 | restraining order shall be promptly recorded, issued, and | ||||||
| 18 | served as provided in this Section.
| ||||||
| 19 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 20 | (430 ILCS 67/55)
| ||||||
| 21 | Sec. 55. Data maintenance by law enforcement agencies.
| ||||||
| 22 | (a) All sheriffs shall furnish to the Illinois Department | ||||||
| 23 | of State Police, daily, in the form and detail the Department | ||||||
| 24 | requires, copies of any recorded firearms restraining orders | ||||||
| 25 | issued by the court, and any foreign orders of protection filed | ||||||
| |||||||
| |||||||
| 1 | by the clerk of the court, and transmitted to the sheriff by | ||||||
| 2 | the clerk of the court under Section 50. Each firearms | ||||||
| 3 | restraining order shall be entered in the Law Enforcement | ||||||
| 4 | Agencies Data System (LEADS) on the same day it is issued by | ||||||
| 5 | the court. If an emergency firearms restraining order was | ||||||
| 6 | issued in accordance with Section 35 of this Act, the order | ||||||
| 7 | shall be entered in the Law Enforcement Agencies Data System | ||||||
| 8 | (LEADS) as soon as possible after receipt from the clerk. | ||||||
| 9 | (b) The Illinois Department of State Police shall maintain | ||||||
| 10 | a complete and systematic record and index of all valid and | ||||||
| 11 | recorded firearms restraining orders issued or filed under this | ||||||
| 12 | Act. The data shall be used to inform all dispatchers and law | ||||||
| 13 | enforcement officers at the scene of a violation of a firearms | ||||||
| 14 | restraining order of the effective dates and terms of any | ||||||
| 15 | recorded order of protection.
| ||||||
| 16 | (c) The data, records, and transmittals required under this | ||||||
| 17 | Section shall pertain to any valid emergency or 6-month | ||||||
| 18 | firearms restraining order, whether issued in a civil or | ||||||
| 19 | criminal proceeding or authorized under the laws of another | ||||||
| 20 | state, tribe, or United States territory.
| ||||||
| 21 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 22 | (430 ILCS 67/60)
| ||||||
| 23 | Sec. 60. Filing of a firearms restraining order issued by | ||||||
| 24 | another state.
| ||||||
| 25 | (a) A person who has sought a firearms restraining order or | ||||||
| |||||||
| |||||||
| 1 | similar order issued by the court of another state, tribe, or | ||||||
| 2 | United States territory may file a certified copy of the | ||||||
| 3 | firearms restraining order with the clerk of the court in a | ||||||
| 4 | judicial circuit in which the person believes that enforcement | ||||||
| 5 | may be necessary.
| ||||||
| 6 | (b) The clerk shall:
| ||||||
| 7 | (1) treat the foreign firearms restraining order in the | ||||||
| 8 | same manner as a judgment of the circuit court for any | ||||||
| 9 | county of this State in accordance with the provisions of | ||||||
| 10 | the Uniform Enforcement of Foreign Judgments Act, except | ||||||
| 11 | that the clerk shall not mail notice of the filing of the | ||||||
| 12 | foreign order to the respondent named in the order; and | ||||||
| 13 | (2) on the same day that a foreign firearms restraining | ||||||
| 14 | order is filed, file a certified copy of that order with | ||||||
| 15 | the sheriff or other law enforcement officials charged with | ||||||
| 16 | maintaining Illinois Department of State Police records as | ||||||
| 17 | set forth in Section 55 of this Act. | ||||||
| 18 | (c) Neither residence in this State nor filing of a foreign | ||||||
| 19 | firearms restraining order shall be required for enforcement of | ||||||
| 20 | the order by this State. Failure to file the foreign order | ||||||
| 21 | shall not be an impediment to its treatment in all respects as | ||||||
| 22 | an Illinois firearms restraining order. | ||||||
| 23 | (d) The clerk shall not charge a fee to file a foreign | ||||||
| 24 | order of protection under this Section.
| ||||||
| 25 | (Source: P.A. 100-607, eff. 1-1-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 880. The Firearm Dealer License Certification Act | ||||||
| 2 | is amended by changing Sections 5-5, 5-10, 5-15, 5-20, 5-30, | ||||||
| 3 | 5-35, 5-40, 5-45, 5-50, 5-55, 5-60, 5-70, 5-75, 5-85, 5-95, | ||||||
| 4 | 5-100, 5-105, 5-110, 5-115, and 5-120 as follows:
| ||||||
| 5 | (430 ILCS 68/5-5)
| ||||||
| 6 | Sec. 5-5. Definitions. In this Act: | ||||||
| 7 | "Certified licensee" means a licensee that has previously | ||||||
| 8 | certified its license with the Illinois State Police Department
| ||||||
| 9 | under this Act. | ||||||
| 10 | "Department" means the Department of State Police. | ||||||
| 11 | "Director" means the Director of the Illinois State Police. | ||||||
| 12 | "Entity" means any person, firm, corporation, group of | ||||||
| 13 | individuals, or other legal entity. | ||||||
| 14 | "Inventory" means firearms in the possession of an | ||||||
| 15 | individual or entity for the purpose of sale or
transfer.
| ||||||
| 16 | "License" means a Federal Firearms License authorizing a | ||||||
| 17 | person or entity to engage in the business of
dealing firearms.
| ||||||
| 18 | "Licensee" means a person, firm, corporation, or other | ||||||
| 19 | entity who has been given, and is currently in
possession of, a | ||||||
| 20 | valid Federal Firearms License. | ||||||
| 21 | "Retail location" means a store open to the public from | ||||||
| 22 | which a certified licensee
engages in the business of selling, | ||||||
| 23 | transferring, or facilitating a sale or transfer of a firearm.
| ||||||
| 24 | For purposes of this Act, the World Shooting and Recreational | ||||||
| 25 | Complex, a gun show, or a similar event at which a certified | ||||||
| |||||||
| |||||||
| 1 | licensee engages in business from time to time is not a retail | ||||||
| 2 | location.
| ||||||
| 3 | (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19; | ||||||
| 4 | revised 9-12-19.)
| ||||||
| 5 | (430 ILCS 68/5-10)
| ||||||
| 6 | Sec. 5-10. Copy of Federal Firearms License filed with the | ||||||
| 7 | Illinois State Police
Department. Each licensee shall file with | ||||||
| 8 | the Illinois State Police Department a copy of its license,
| ||||||
| 9 | together with a sworn affidavit indicating that the license | ||||||
| 10 | presented
is in fact its license and that the license is valid. | ||||||
| 11 | The Illinois State Police Department may by rule create a | ||||||
| 12 | process for checking the validity of the license, in lieu of | ||||||
| 13 | requiring an affidavit. Upon receipt and review by the Illinois | ||||||
| 14 | State Police Department, the Illinois State Police Department
| ||||||
| 15 | shall issue a certificate of license to the licensee, allowing | ||||||
| 16 | the
licensee to conduct business within this State.
The | ||||||
| 17 | Illinois State Police Department shall issue an initial | ||||||
| 18 | certificate of license within 30 days of receipt of the copy of | ||||||
| 19 | license and sworn affidavit. If the Illinois State Police | ||||||
| 20 | Department does not issue the certificate within 30 days, the | ||||||
| 21 | licensee shall operate as if a certificate has been granted | ||||||
| 22 | unless and until a denial is issued by the Illinois State | ||||||
| 23 | Police Department.
| ||||||
| 24 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| |||||||
| |||||||
| 1 | (430 ILCS 68/5-15)
| ||||||
| 2 | Sec. 5-15. Certification requirement. | ||||||
| 3 | (a) Beginning 180 days after the effective date of this | ||||||
| 4 | Act, it is unlawful for a person or entity to engage in the | ||||||
| 5 | business
of selling, leasing, or otherwise transferring | ||||||
| 6 | firearms
without a valid certificate of license issued under | ||||||
| 7 | this Act. In the event that a person or entity maintains | ||||||
| 8 | multiple licenses to engage in different lines of business | ||||||
| 9 | requiring different licenses at one location, then the licenses | ||||||
| 10 | shall be deemed one license for purposes of certification. In | ||||||
| 11 | the event that a person or entity maintains multiple licenses | ||||||
| 12 | to engage in business at multiple locations, under the same | ||||||
| 13 | business name on the license or a different business name on | ||||||
| 14 | the license, then each license and location must receive its | ||||||
| 15 | own certification. | ||||||
| 16 | (b) It is unlawful for a person or entity without first | ||||||
| 17 | being a certified licensee under this Act to act as if he or | ||||||
| 18 | she is certified under this Act, to advertise, to assume to act | ||||||
| 19 | as a certified licensee or to use a title implying that
the | ||||||
| 20 | person or entity is engaged in business as a
certified licensee
| ||||||
| 21 | without a license certified under this Act. | ||||||
| 22 | (c) It is unlawful to obtain or attempt to obtain any
| ||||||
| 23 | certificate of license under this Act by material misstatement | ||||||
| 24 | or fraudulent
misrepresentation. Notwithstanding the | ||||||
| 25 | provisions of Section
5-85, in addition to any penalty imposed | ||||||
| 26 | under this Section, any
certificate of license obtained under | ||||||
| |||||||
| |||||||
| 1 | this Act due to
material misstatement or fraudulent | ||||||
| 2 | misrepresentation shall automatically be revoked.
| ||||||
| 3 | (d) A person who violates any provision of this Section is
| ||||||
| 4 | guilty of a Class A misdemeanor for a first violation, and a
| ||||||
| 5 | Class 4 felony for a second or subsequent violation. | ||||||
| 6 | (e) In addition to any other penalty provided by law, any
| ||||||
| 7 | person or entity who violates any provision of this Section
| ||||||
| 8 | shall pay a civil penalty to the Illinois State Police | ||||||
| 9 | Department in an amount not to
exceed $10,000 for each offense, | ||||||
| 10 | as determined by the Illinois State Police
Department. The | ||||||
| 11 | civil penalty shall be assessed by the Illinois State Police
| ||||||
| 12 | Department after a hearing is held in accordance with Sections | ||||||
| 13 | 5-95 and 5-100. | ||||||
| 14 | (f) The Illinois State Police Department has the authority | ||||||
| 15 | and power to
investigate any and all unlicensed activity | ||||||
| 16 | requiring a license certified under this Act. | ||||||
| 17 | (g) The civil penalty shall be paid within 90 days after
| ||||||
| 18 | the effective date of the order imposing the civil penalty. The
| ||||||
| 19 | order shall constitute a judgment and may be filed and
| ||||||
| 20 | execution had thereon in the same manner as any judgment from
| ||||||
| 21 | any court of record.
| ||||||
| 22 | (h) In the event the certification of a certified licensee | ||||||
| 23 | is revoked, it shall be a violation of this Act for the revoked | ||||||
| 24 | licensee to seek certification of a license held under a | ||||||
| 25 | different business name, or to re-open as a certified licensee | ||||||
| 26 | under another business name using the same license or as the | ||||||
| |||||||
| |||||||
| 1 | same person or entity doing business under a different business | ||||||
| 2 | name. | ||||||
| 3 | (i) The Illinois State Police Department shall require all | ||||||
| 4 | of the following information from each applicant for | ||||||
| 5 | certification under this Act: | ||||||
| 6 | (1) The name, full business address, and telephone | ||||||
| 7 | number of the entity. The business address for the entity | ||||||
| 8 | shall be the complete street address where firearms in the | ||||||
| 9 | inventory of the entity are regularly stored, shall be | ||||||
| 10 | located within the State, and may not be a Post Office Box. | ||||||
| 11 | (2) All trade, business, or assumed names used by the | ||||||
| 12 | certified licensee by and under which the certified | ||||||
| 13 | licensee sells, transfers, or facilitates transfers of | ||||||
| 14 | firearms. | ||||||
| 15 | (3) The type of ownership or operation, such as a | ||||||
| 16 | partnership, corporation, or sole proprietorship. | ||||||
| 17 | (4) The name of the owner or operator of the | ||||||
| 18 | dealership, including: | ||||||
| 19 | (A) if a person, then the name and address of | ||||||
| 20 | record of the person; | ||||||
| 21 | (B) if a partnership, then the name and address of | ||||||
| 22 | record of each partner and the name of the partnership; | ||||||
| 23 | (C) if a corporation, then the name, address of | ||||||
| 24 | record, and title of each corporate officer and each | ||||||
| 25 | owner of more than 5% of the corporation, the corporate | ||||||
| 26 | names by and which the certified licensee sells, | ||||||
| |||||||
| |||||||
| 1 | transfers, or facilitates transfers of firearms, and | ||||||
| 2 | the name of the state of incorporation; and | ||||||
| 3 | (D) if a sole proprietorship, then the full name | ||||||
| 4 | and address of record of the sole proprietor and the | ||||||
| 5 | name of the business entity.
| ||||||
| 6 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 7 | (430 ILCS 68/5-20)
| ||||||
| 8 | Sec. 5-20. Additional licensee requirements. | ||||||
| 9 | (a) A certified licensee shall make a photo copy of a | ||||||
| 10 | buyer's or transferee's valid photo identification card | ||||||
| 11 | whenever a firearm sale transaction takes place. The photo copy | ||||||
| 12 | shall be attached to the documentation detailing the record of | ||||||
| 13 | sale. | ||||||
| 14 | (b) A certified licensee shall post in a conspicuous | ||||||
| 15 | position on the premises where the licensee conducts business a | ||||||
| 16 | sign that contains the following warning in block letters not | ||||||
| 17 | less than one inch in height: | ||||||
| 18 | "With few exceptions enumerated in the Firearm Owners | ||||||
| 19 | Identification Card Act, it is unlawful for you to: | ||||||
| 20 | (A) store or leave an unsecured firearm in a place | ||||||
| 21 | where a child can obtain access to it;
| ||||||
| 22 | (B) sell or transfer your firearm to someone else | ||||||
| 23 | without receiving approval for the transfer from the | ||||||
| 24 | Illinois Department of State Police, or | ||||||
| 25 | (C) fail to report the loss or theft of your | ||||||
| |||||||
| |||||||
| 1 | firearm to local law enforcement within 72 hours.". | ||||||
| 2 | This sign shall be created by the Illinois State Police | ||||||
| 3 | Department and made available for printing or downloading from | ||||||
| 4 | the Illinois State Police's Department's website. | ||||||
| 5 | (c) No retail location established after the effective date | ||||||
| 6 | of this Act shall be located within 500 feet of any school, | ||||||
| 7 | pre-school, or day care facility in existence at its location | ||||||
| 8 | before the retail location is established as measured from the | ||||||
| 9 | nearest corner of the building holding the retail location to | ||||||
| 10 | the corner of the school, pre-school, or day care facility | ||||||
| 11 | building nearest the retail location at the time the retail | ||||||
| 12 | location seeks licensure.
| ||||||
| 13 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 14 | (430 ILCS 68/5-30)
| ||||||
| 15 | Sec. 5-30. Training of certified licensees. Any
certified | ||||||
| 16 | licensee and any employee of a certified licensee who sells or
| ||||||
| 17 | transfers firearms shall receive at least 2 hours of training
| ||||||
| 18 | annually regarding legal requirements and responsible business | ||||||
| 19 | practices as applicable to the sale or transfer or firearms. | ||||||
| 20 | The Illinois State Police Department may adopt rules regarding
| ||||||
| 21 | continuing education for certified licensees related to legal | ||||||
| 22 | requirements and responsible business practices regarding the | ||||||
| 23 | sale or transfer of firearms.
| ||||||
| 24 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| |||||||
| |||||||
| 1 | (430 ILCS 68/5-35)
| ||||||
| 2 | Sec. 5-35. Inspection of licensees' places of business.
| ||||||
| 3 | Licensees shall have their places of business open for
| ||||||
| 4 | inspection by the Illinois State Police Department and law | ||||||
| 5 | enforcement during all
hours of operation involving the | ||||||
| 6 | selling, leasing, or otherwise transferring of firearms, | ||||||
| 7 | provided that the Illinois State Police Department or law
| ||||||
| 8 | enforcement may conduct no more than one unannounced inspection
| ||||||
| 9 | per business per year without good cause. During an inspection, | ||||||
| 10 | licensees
shall make all records, documents, and firearms | ||||||
| 11 | accessible for
inspection upon the request of the Illinois | ||||||
| 12 | State Police Department or law
enforcement agency.
| ||||||
| 13 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 14 | (430 ILCS 68/5-40)
| ||||||
| 15 | Sec. 5-40. Qualifications for operation. | ||||||
| 16 | (a) Each certified licensee shall submit with each | ||||||
| 17 | application for certification or renewal an affidavit to the | ||||||
| 18 | Illinois State Police Department stating that each owner, | ||||||
| 19 | employee, or other agent of the certified licensee who sells or | ||||||
| 20 | conducts transfers of firearms for the certified licensee is at | ||||||
| 21 | least 21 years of age, has a currently valid Firearm Owner's | ||||||
| 22 | Identification Card and, for a renewal, has completed the | ||||||
| 23 | training required under Section 5-30. The affidavit must also | ||||||
| 24 | contain the name and Firearm Owner's Identification Card number | ||||||
| 25 | of each owner, employee, or other agent who sells or conducts | ||||||
| |||||||
| |||||||
| 1 | transfers of firearms for the certified licensee. If an owner, | ||||||
| 2 | employee, or other agent of the certified licensee is not | ||||||
| 3 | otherwise a resident of this State, the certified licensee | ||||||
| 4 | shall submit an affidavit stating that the owner, employee, or | ||||||
| 5 | other agent has undergone a background check and is not | ||||||
| 6 | prohibited from owning or possessing firearms. | ||||||
| 7 | (b) In addition to the affidavit required under subsection | ||||||
| 8 | (a), within 30 days of a new owner, employee, or other agent | ||||||
| 9 | beginning selling or conducting transfers of firearms for the | ||||||
| 10 | certified licensee, the certified licensee shall submit an | ||||||
| 11 | affidavit to the Illinois State Police Department stating the | ||||||
| 12 | date that the new owner, employee, or other agent began selling | ||||||
| 13 | or conducting transfers of firearms for the certified licensee, | ||||||
| 14 | and providing the information required in subsection (a) for | ||||||
| 15 | that new owner, employee, or other agent. | ||||||
| 16 | (c) If a certified licensee has a license, certificate, or | ||||||
| 17 | permit to sell, lease, transfer, purchase, or possess firearms | ||||||
| 18 | issued by the federal government or the government of any state | ||||||
| 19 | revoked or suspended for good cause within the preceding 4 | ||||||
| 20 | years, the Illinois State Police Department may consider | ||||||
| 21 | revoking or suspending the certified licenses in this State. In | ||||||
| 22 | making a determination of whether or not to revoke or suspend a | ||||||
| 23 | certified license in this State, the Illinois State Police | ||||||
| 24 | Department shall consider the number of retail locations the | ||||||
| 25 | certified licensee or any related person or entity operates in | ||||||
| 26 | this State or in other states under the same or different | ||||||
| |||||||
| |||||||
| 1 | business names, and the severity of the infraction in the state | ||||||
| 2 | in which a license was revoked or suspended. | ||||||
| 3 | (d) Applications and affidavits required under this | ||||||
| 4 | Section are not subject to disclosure by the Illinois State | ||||||
| 5 | Police Department under the Freedom of Information Act.
| ||||||
| 6 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 7 | (430 ILCS 68/5-45)
| ||||||
| 8 | Sec. 5-45. Issuance of subpoenas. The Illinois State Police | ||||||
| 9 | Department may
subpoena and bring before it any person or | ||||||
| 10 | entity to take oral or written
testimony or may compel the | ||||||
| 11 | production of any books, papers,
records, or any other | ||||||
| 12 | documents that the Illinois State Police Department deems | ||||||
| 13 | directly relevant or material to an investigation or
hearing | ||||||
| 14 | conducted by the Illinois State Police Department in the | ||||||
| 15 | enforcement of this Act, with the same
fees and in the same | ||||||
| 16 | manner prescribed in civil cases in the
courts of this State.
| ||||||
| 17 | The licensee may file an emergency motion with the Director or | ||||||
| 18 | a hearing officer authorized by the Illinois State Police | ||||||
| 19 | Department to quash a subpoena issued by the Illinois State | ||||||
| 20 | Police Department. If the Director or hearing officer | ||||||
| 21 | determines that the subpoena was issued without good cause, the | ||||||
| 22 | Director or hearing officer may quash the subpoena.
| ||||||
| 23 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 24 | (430 ILCS 68/5-50)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5-50. Security system.
| ||||||
| 2 | (a) On or before January 2, 2021, each certified licensee | ||||||
| 3 | operating a retail location in
this State must maintain a video | ||||||
| 4 | security system and shall maintain video surveillance of | ||||||
| 5 | critical areas of
the business premises, including, but not | ||||||
| 6 | limited to, all
places where firearms in inventory are stored, | ||||||
| 7 | handled, sold,
or transferred, and each entrance and exit. A | ||||||
| 8 | video surveillance system of the certified licensee's retail | ||||||
| 9 | location may not be installed in a bathroom and may not monitor
| ||||||
| 10 | inside the bathrooms located in the retail location. If a video | ||||||
| 11 | security system is deemed inadequate by the Illinois State | ||||||
| 12 | Police Department, the licensee shall have 30 days to correct | ||||||
| 13 | the inadequacy. The Illinois State Police Department shall | ||||||
| 14 | submit to the licensee a written statement describing the | ||||||
| 15 | specific inadequacies. | ||||||
| 16 | (b) Each certified licensee operating a retail | ||||||
| 17 | establishment in this State must post a sign in a conspicuous | ||||||
| 18 | place at
each entrance to the retail location that states in | ||||||
| 19 | block letters not
less than one inch in height:
"THESE PREMISES | ||||||
| 20 | ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY
BE RECORDED.". | ||||||
| 21 | This sign shall be created by the Illinois State Police | ||||||
| 22 | Department and available for printing or downloading from the | ||||||
| 23 | Illinois State Police's Department's website. | ||||||
| 24 | (c) On or before January 2, 2020, each certified licensee | ||||||
| 25 | maintaining an inventory of firearms for sale or transfer must | ||||||
| 26 | be connected to an alarm monitoring system or service that will | ||||||
| |||||||
| |||||||
| 1 | notify its local law enforcement agency of an unauthorized | ||||||
| 2 | intrusion into the premises of the licensee where the firearm | ||||||
| 3 | inventory is maintained.
| ||||||
| 4 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 5 | (430 ILCS 68/5-55)
| ||||||
| 6 | Sec. 5-55. Safe storage by certified licensees. In | ||||||
| 7 | addition to
adequate locks, exterior lighting, surveillance | ||||||
| 8 | cameras, alarm
systems, and other anti-theft measures and | ||||||
| 9 | practices, a certified licensee maintaining a retail location | ||||||
| 10 | shall develop a plan that addresses the safe
storage of | ||||||
| 11 | firearms and ammunition during retail hours and
after closing. | ||||||
| 12 | The certified licensee shall submit its safe storage plan to | ||||||
| 13 | the Illinois State Police Department and the plan shall be | ||||||
| 14 | deemed approved unless it is rejected by the Illinois State | ||||||
| 15 | Police Department. The Illinois State Police Department may | ||||||
| 16 | reject the plan if it is inadequate, along with a written | ||||||
| 17 | statement describing the specific inadequacies. The certified | ||||||
| 18 | licensee shall submit a corrected plan to the Illinois State | ||||||
| 19 | Police Department within 60 days of notice of an inadequate | ||||||
| 20 | plan. In the event there are still problems with the corrected | ||||||
| 21 | plan, the Illinois State Police Department shall note the | ||||||
| 22 | specific inadequacies in writing and the certified licensee | ||||||
| 23 | shall have 60 days from each notice of an inadequate plan to | ||||||
| 24 | submit a corrected plan. The Illinois State Police Department | ||||||
| 25 | may reject the corrected plan if it is inadequate. A certified | ||||||
| |||||||
| |||||||
| 1 | licensee may operate at all times that a plan is on file with | ||||||
| 2 | the Illinois State Police Department, and during times | ||||||
| 3 | permitted by this Section to prepare and submit corrected | ||||||
| 4 | plans. That any certified licensee has operated without an | ||||||
| 5 | approved safe storage plan for more than 60 days shall be | ||||||
| 6 | grounds for revocation of a certificate of license. The | ||||||
| 7 | Illinois State Police Department shall adopt rules regarding | ||||||
| 8 | the adequacy of a safe storage plan. The rules shall take into | ||||||
| 9 | account the various types and sizes of the entities involved, | ||||||
| 10 | and shall comply with all relevant State and federal laws. Safe | ||||||
| 11 | storage plans required under this Section are not subject to | ||||||
| 12 | disclosure by the Illinois State Police Department under the | ||||||
| 13 | Freedom of Information Act.
| ||||||
| 14 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 15 | (430 ILCS 68/5-60)
| ||||||
| 16 | Sec. 5-60. Statewide compliance standards. The Illinois | ||||||
| 17 | State Police Department shall develop and implement by rule | ||||||
| 18 | statewide training standards for assisting certified licensees | ||||||
| 19 | in recognizing indicators that would lead a reasonable dealer | ||||||
| 20 | to refuse sale
of a firearm, including, but not limited to, | ||||||
| 21 | indicators of a straw purchase.
| ||||||
| 22 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 23 | (430 ILCS 68/5-70)
| ||||||
| 24 | Sec. 5-70. Fees and fines deposited in the Firearm Dealer | ||||||
| |||||||
| |||||||
| 1 | License Certification Fund. The Illinois State Police | ||||||
| 2 | Department shall set and collect a
fee for each licensee | ||||||
| 3 | certifying under this Act. The
fee may not exceed $300 for a | ||||||
| 4 | certified licensee operating without a
retail location. The fee | ||||||
| 5 | may not exceed $1,500 for any certified licensee
operating with | ||||||
| 6 | a retail location.
The Illinois State Police Department may not | ||||||
| 7 | charge a certified licensee in this State, operating under the | ||||||
| 8 | same or different business name, fees exceeding $40,000 for the | ||||||
| 9 | certification of multiple licenses. All fees and fines | ||||||
| 10 | collected under this Act shall be deposited in the Firearm | ||||||
| 11 | Dealer License Certification Fund which is created in the State | ||||||
| 12 | treasury. Moneys in the Fund shall be used for implementation | ||||||
| 13 | and administration of this Act.
| ||||||
| 14 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 15 | (430 ILCS 68/5-75)
| ||||||
| 16 | Sec. 5-75. Term of license. Each certification shall be | ||||||
| 17 | valid for
the term of the license being certified. A licensee | ||||||
| 18 | shall certify each new or renewed license. However, the | ||||||
| 19 | Illinois State Police Department is not required to renew a | ||||||
| 20 | certification if a prior certification has been revoked or | ||||||
| 21 | suspended.
| ||||||
| 22 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 23 | (430 ILCS 68/5-85)
| ||||||
| 24 | Sec. 5-85. Disciplinary sanctions. | ||||||
| |||||||
| |||||||
| 1 | (a) For violations of this Act not penalized under Section
| ||||||
| 2 | 5-15, the Illinois State Police Department may
refuse to renew | ||||||
| 3 | or
restore, or may reprimand, place on probation, suspend, | ||||||
| 4 | revoke,
or take other disciplinary or non-disciplinary action | ||||||
| 5 | against
any licensee, and may impose a fine commensurate with | ||||||
| 6 | the severity of the violation not to exceed $10,000 for each
| ||||||
| 7 | violation for any of the following, consistent with the | ||||||
| 8 | Protection
of Lawful Commerce in Arms Act, 15 U.S.C. 7901 | ||||||
| 9 | through 7903:
| ||||||
| 10 | (1) Violations of this Act, or any law applicable to | ||||||
| 11 | the sale or
transfer of firearms.
| ||||||
| 12 | (2) A pattern of practice or other behavior which
| ||||||
| 13 | demonstrates incapacity or incompetency to practice under
| ||||||
| 14 | this Act.
| ||||||
| 15 | (3) Aiding or assisting another person in violating any
| ||||||
| 16 | provision of this Act or rules adopted under this Act.
| ||||||
| 17 | (4) Failing, within 60 days, to provide information in
| ||||||
| 18 | response to a written request made by the Illinois State | ||||||
| 19 | Police Department.
| ||||||
| 20 | (5) Conviction of, plea of guilty to, or plea of nolo
| ||||||
| 21 | contendere to any crime that disqualifies the person from
| ||||||
| 22 | obtaining a valid Firearm Owner's Identification Card.
| ||||||
| 23 | (6) Continued practice, although the person has become
| ||||||
| 24 | unfit to practice due to any of the following:
| ||||||
| 25 | (A) Any circumstance that disqualifies the person
| ||||||
| 26 | from obtaining a valid Firearm Owner's Identification
| ||||||
| |||||||
| |||||||
| 1 | Card or concealed carry license.
| ||||||
| 2 | (B) Habitual or excessive use or abuse of drugs
| ||||||
| 3 | defined in law as controlled substances, alcohol, or
| ||||||
| 4 | any other substance that results in the inability to
| ||||||
| 5 | practice with reasonable judgment, skill, or safety. | ||||||
| 6 | (7) Receiving, directly or indirectly, compensation
| ||||||
| 7 | for any firearms sold or transferred illegally.
| ||||||
| 8 | (8) Discipline by another United States jurisdiction,
| ||||||
| 9 | foreign nation, or governmental agency, if at least one of
| ||||||
| 10 | the grounds for the discipline is the same or substantially
| ||||||
| 11 | equivalent to those set forth in this Act.
| ||||||
| 12 | (9) Violation of any disciplinary order imposed on a
| ||||||
| 13 | licensee by the Illinois State Police Department.
| ||||||
| 14 | (10) A finding by the Illinois State Police Department | ||||||
| 15 | that the licensee,
after having his or her certified | ||||||
| 16 | license placed on probationary
status, has violated the | ||||||
| 17 | terms of probation.
| ||||||
| 18 | (11) A fraudulent or material misstatement in the | ||||||
| 19 | completion of an affirmative obligation or inquiry by law | ||||||
| 20 | enforcement. | ||||||
| 21 | (b) All fines imposed under this Section shall be paid
| ||||||
| 22 | within 90 days after the effective date of the final order | ||||||
| 23 | imposing
the fine.
| ||||||
| 24 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 25 | (430 ILCS 68/5-95)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5-95. Complaints; investigations; hearings.
| ||||||
| 2 | (a) The Illinois State Police Department may investigate | ||||||
| 3 | the actions of any
applicant or of any person or persons | ||||||
| 4 | holding or claiming to
hold a license or registration under | ||||||
| 5 | this Act. | ||||||
| 6 | (b) The Illinois State Police Department shall, before | ||||||
| 7 | disciplining a licensee
under Section 5-85 or refusing to issue | ||||||
| 8 | a certificate of license, at least 30
days before the date set | ||||||
| 9 | for the hearing, (i) notify the
accused in writing of the | ||||||
| 10 | charges made and the time and place
for the hearing on the | ||||||
| 11 | charges, (ii) direct him or her to file
a written answer to the | ||||||
| 12 | charges under oath within 20 days after
service, and (iii) | ||||||
| 13 | inform the licensee that
failure to answer will result in a | ||||||
| 14 | default being entered
against the licensee. | ||||||
| 15 | (c) At the time and place fixed in the notice, the Director | ||||||
| 16 | or
the hearing officer appointed by the Director shall proceed | ||||||
| 17 | to
hear the charges, and the parties or their counsel shall be
| ||||||
| 18 | accorded ample opportunity to present any pertinent
| ||||||
| 19 | statements, testimony, evidence, and arguments. The Director | ||||||
| 20 | or
hearing officer may continue the hearing from time to time. | ||||||
| 21 | In
case the person, after receiving the notice, fails to file | ||||||
| 22 | an
answer, his, her, or its license may, in the discretion of | ||||||
| 23 | the Director, having first received the recommendation of the | ||||||
| 24 | Director, be suspended, revoked, or placed on probationary | ||||||
| 25 | status,
or be subject to whatever disciplinary action the | ||||||
| 26 | Director considers proper, including limiting the scope, | ||||||
| |||||||
| |||||||
| 1 | nature, or
extent of the person's business, or the imposition | ||||||
| 2 | of a fine,
without hearing, if the act or acts charged | ||||||
| 3 | constitute
sufficient grounds for that action under this Act. | ||||||
| 4 | (d) The written notice and any notice in the subsequent
| ||||||
| 5 | proceeding may be served by certified mail to the licensee's
| ||||||
| 6 | address of record. | ||||||
| 7 | (e) The Director has the authority to appoint any attorney
| ||||||
| 8 | licensed to practice law in this State to serve as the hearing
| ||||||
| 9 | officer in any action for refusal to issue, restore, or renew a
| ||||||
| 10 | license, or to discipline a licensee. The hearing officer has
| ||||||
| 11 | full authority to conduct the hearing.
| ||||||
| 12 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 13 | (430 ILCS 68/5-100)
| ||||||
| 14 | Sec. 5-100. Hearing; rehearing. | ||||||
| 15 | (a) The Director or the hearing officer authorized by the | ||||||
| 16 | Illinois State Police
Department shall hear evidence in support | ||||||
| 17 | of the formal charges
and evidence produced by the licensee. At | ||||||
| 18 | the conclusion of the
hearing, the Director shall prepare a | ||||||
| 19 | written
report of his or her findings of fact, conclusions of | ||||||
| 20 | law, and
recommendations. The report shall contain a finding of | ||||||
| 21 | whether
the accused person violated this Act or failed to | ||||||
| 22 | comply with
the conditions required in this Act. | ||||||
| 23 | (b) At the conclusion of the hearing, a copy of the | ||||||
| 24 | Director's or hearing officer's report shall be served upon the | ||||||
| 25 | licensee by the Illinois State Police Department, either | ||||||
| |||||||
| |||||||
| 1 | personally or as provided
in this Act, for the service of a | ||||||
| 2 | notice of hearing. Within 20
calendar days after service, the | ||||||
| 3 | licensee may
present to the Illinois State Police Department a | ||||||
| 4 | motion in writing for a rehearing,
which shall specify the | ||||||
| 5 | particular grounds for rehearing. The Illinois State Police
| ||||||
| 6 | Department may respond to the motion for rehearing within 20
| ||||||
| 7 | calendar days after its service on the Illinois State Police | ||||||
| 8 | Department. If no motion
for rehearing is filed, then upon the | ||||||
| 9 | expiration of the time
specified for filing such a motion, or | ||||||
| 10 | upon denial of a motion
for rehearing, the Director may enter | ||||||
| 11 | an order in accordance
with his or her recommendations or the | ||||||
| 12 | recommendations of the hearing officer. If
the licensee orders | ||||||
| 13 | from the reporting service and
pays for a transcript of the | ||||||
| 14 | record within the time for filing
a motion for rehearing, the | ||||||
| 15 | 20-day period within which a motion
may be filed shall commence | ||||||
| 16 | upon the delivery of the transcript
to the licensee. | ||||||
| 17 | (c) All proceedings under this Section are matters of
| ||||||
| 18 | public record and shall be preserved. | ||||||
| 19 | (d) The licensee may continue to operate during the course | ||||||
| 20 | of an investigation or
hearing, unless the Director finds that | ||||||
| 21 | the public interest,
safety, or welfare requires an emergency | ||||||
| 22 | action.
| ||||||
| 23 | (e) Upon the suspension or revocation of a certificate of | ||||||
| 24 | license, the
licensee shall surrender the certificate to the | ||||||
| 25 | Illinois State Police Department and,
upon failure to do so, | ||||||
| 26 | the Illinois State Police Department shall seize the same. | ||||||
| |||||||
| |||||||
| 1 | However, when the certification of a certified licensee is | ||||||
| 2 | suspended, the certified licensee shall not operate as a | ||||||
| 3 | certified licensee during the period in which the certificate | ||||||
| 4 | is suspended and, if operating during that period, shall be | ||||||
| 5 | operating in violation of subsection (a) of Section 5-15 of | ||||||
| 6 | this Act. A person who violates this Section is guilty of a | ||||||
| 7 | Class A misdemeanor for a first violation, and a Class 4 felony | ||||||
| 8 | for a second or subsequent violation. In addition to any other | ||||||
| 9 | penalty provided by law, any person or entity who violates this | ||||||
| 10 | Section shall pay a civil penalty to the Illinois State Police | ||||||
| 11 | Department in an amount not to exceed $2,500 for the first | ||||||
| 12 | violation, and a fine not to exceed $5,000 for a second or | ||||||
| 13 | subsequent violation.
| ||||||
| 14 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 15 | (430 ILCS 68/5-105)
| ||||||
| 16 | Sec. 5-105. Restoration of certificate of license after | ||||||
| 17 | disciplinary
proceedings. At any time after the successful | ||||||
| 18 | completion of a
term of probation, suspension, or
revocation of | ||||||
| 19 | a certificate of license, the Illinois State Police Department | ||||||
| 20 | may restore it to the
licensee, unless, after an investigation | ||||||
| 21 | and a hearing, the Director
determines that restoration is not | ||||||
| 22 | in the public
interest. No person or entity whose certificate | ||||||
| 23 | of license, card, or authority
has been revoked as authorized | ||||||
| 24 | in this Act may apply for
restoration of that certificate of | ||||||
| 25 | license, card, or authority until
such time as provided for in | ||||||
| |||||||
| |||||||
| 1 | the Civil Administrative Code of
Illinois.
| ||||||
| 2 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 3 | (430 ILCS 68/5-110)
| ||||||
| 4 | Sec. 5-110. Administrative review. All final
| ||||||
| 5 | administrative decisions of the Illinois State Police | ||||||
| 6 | Department are subject to
judicial review under Article III of | ||||||
| 7 | the Code of Civil
Procedure. The term "administrative decision" | ||||||
| 8 | is defined as in
Section 3-101 of the Code of Civil Procedure. | ||||||
| 9 | The proceedings
for judicial review shall be commenced in the | ||||||
| 10 | circuit court of
the county in which the party applying for | ||||||
| 11 | review resides, but
if the party is not a resident of this | ||||||
| 12 | State, the venue shall
be in Sangamon County. The Illinois | ||||||
| 13 | State Police Department shall not be required to
certify any | ||||||
| 14 | record to the court, or file any answer in court, or
otherwise | ||||||
| 15 | appear in any court in a judicial review proceeding,
unless, | ||||||
| 16 | and until, the Illinois State Police Department has received | ||||||
| 17 | from the plaintiff
payment of the costs of furnishing and | ||||||
| 18 | certifying the record,
which costs shall be determined by the | ||||||
| 19 | Illinois State Police Department. Exhibits
shall be certified | ||||||
| 20 | without cost. Failure on the part of the
applicant or licensee | ||||||
| 21 | to file a receipt in court is grounds for
dismissal of the | ||||||
| 22 | action.
| ||||||
| 23 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 24 | (430 ILCS 68/5-115)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5-115. Prima facie proof.
| ||||||
| 2 | (a) An order or a certified copy thereof, over the seal of
| ||||||
| 3 | the Illinois State Police Department and purporting to be | ||||||
| 4 | signed by the Director, is
prima facie proof that the signature | ||||||
| 5 | is that of the Director,
and the Director is qualified to act. | ||||||
| 6 | (b) A certified copy of a record of the Illinois State | ||||||
| 7 | Police Department shall,
without further proof, be admitted | ||||||
| 8 | into evidence in any legal
proceeding, and shall be prima facie | ||||||
| 9 | correct and prima facie
evidence of the information contained | ||||||
| 10 | therein.
| ||||||
| 11 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 12 | (430 ILCS 68/5-120)
| ||||||
| 13 | Sec. 5-120. Federal agencies and investigations. Nothing | ||||||
| 14 | in this Act shall be construed to interfere with any federal | ||||||
| 15 | agency or any federal agency investigation. All Illinois State | ||||||
| 16 | Police Department rules adopted under this Act shall comply | ||||||
| 17 | with federal law. The Illinois State Police Department may as | ||||||
| 18 | necessary coordinate efforts with relevant State and federal | ||||||
| 19 | law enforcement agencies to enforce this Act.
| ||||||
| 20 | (Source: P.A. 100-1178, eff. 1-18-19.)
| ||||||
| 21 | Section 895. The Humane Euthanasia in Animal Shelters Act | ||||||
| 22 | is amended by changing Sections 35 and 55 as follows:
| ||||||
| 23 | (510 ILCS 72/35)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 35. Technician certification; duties.
| ||||||
| 2 | (a) An applicant for certification as a euthanasia | ||||||
| 3 | technician shall file an
application with the Department and | ||||||
| 4 | shall:
| ||||||
| 5 | (1) Be 18 years of age.
| ||||||
| 6 | (2) Be of good moral character. In determining moral | ||||||
| 7 | character under this
Section, the Department may take into | ||||||
| 8 | consideration whether the applicant has
engaged in conduct | ||||||
| 9 | or activities that would constitute grounds for discipline
| ||||||
| 10 | under this Act.
| ||||||
| 11 | (3) Each applicant for certification as a euthanasia | ||||||
| 12 | technician shall
have his or her fingerprints submitted to | ||||||
| 13 | the Illinois Department of State Police in an
electronic | ||||||
| 14 | format that complies with the form and manner for | ||||||
| 15 | requesting and
furnishing criminal history record | ||||||
| 16 | information as prescribed by the Illinois Department of | ||||||
| 17 | State Police. These fingerprints shall be checked against | ||||||
| 18 | the Illinois Department of State Police and Federal Bureau | ||||||
| 19 | of Investigation criminal history record
databases now and | ||||||
| 20 | hereafter filed. The Illinois Department of State Police | ||||||
| 21 | shall charge
applicants a fee for conducting the criminal | ||||||
| 22 | history records check, which shall
be deposited in the | ||||||
| 23 | State Police Services Fund and shall not exceed the actual
| ||||||
| 24 | cost of the records check. The Illinois Department of State | ||||||
| 25 | Police shall furnish,
pursuant to positive identification, | ||||||
| 26 | records of Illinois convictions to the
Department.
| ||||||
| |||||||
| |||||||
| 1 | (4) Hold a license or certification from the American | ||||||
| 2 | Humane
Association, the National Animal Control | ||||||
| 3 | Association, the Illinois Federation
of Humane Societies, | ||||||
| 4 | or the Humane Society of the United States issued within
3 | ||||||
| 5 | years preceding the date of application.
Every 5 years a | ||||||
| 6 | certified euthanasia technician must renew his or her | ||||||
| 7 | certification with the Department. At the time of renewal, | ||||||
| 8 | the technician must present proof that he or she attended a | ||||||
| 9 | class or seminar, administered by the American Humane | ||||||
| 10 | Association, the National Animal Control Association, the | ||||||
| 11 | Illinois Federation of Humane Societies, or the Humane | ||||||
| 12 | Society of the United States, that teaches techniques or | ||||||
| 13 | guidelines, or both, for humane animal euthanasia.
| ||||||
| 14 | (5) Pay the required fee.
| ||||||
| 15 | (b) The duties of a euthanasia technician shall include but | ||||||
| 16 | are not limited
to:
| ||||||
| 17 | (1) preparing animals for euthanasia and scanning each | ||||||
| 18 | animal, prior to
euthanasia, for microchips;
| ||||||
| 19 | (2) accurately recording the dosages administered and | ||||||
| 20 | the amount of drugs
wasted;
| ||||||
| 21 | (3) ordering supplies;
| ||||||
| 22 | (4) maintaining the security of all controlled | ||||||
| 23 | substances and drugs;
| ||||||
| 24 | (5) humanely euthanizing animals via intravenous | ||||||
| 25 | injection by hypodermic
needle, intraperitoneal injection | ||||||
| 26 | by hypodermic needle, or
intracardiac injection only on | ||||||
| |||||||
| |||||||
| 1 | comatose
animals by hypodermic needle; and
| ||||||
| 2 | (6) properly disposing of euthanized animals after | ||||||
| 3 | verification of death.
| ||||||
| 4 | (c) A euthanasia technician employed by a euthanasia agency | ||||||
| 5 | may perform
euthanasia by the administration of a Schedule II
| ||||||
| 6 | or Schedule III nonnarcotic controlled
substance. A euthanasia
| ||||||
| 7 | technician may not personally possess, order, or administer a | ||||||
| 8 | controlled
substance except as an agent of the euthanasia | ||||||
| 9 | agency.
| ||||||
| 10 | (d) Upon termination from a euthanasia agency, a euthanasia | ||||||
| 11 | technician shall
not perform
animal euthanasia until he or she | ||||||
| 12 | is employed by another certified euthanasia
agency.
| ||||||
| 13 | (e) A certified euthanasia technician or an instructor in | ||||||
| 14 | an approved course
does not engage in the practice of
| ||||||
| 15 | veterinary
medicine when performing duties set forth in this | ||||||
| 16 | Act.
| ||||||
| 17 | (Source: P.A. 96-780, eff. 8-28-09.)
| ||||||
| 18 | (510 ILCS 72/55)
| ||||||
| 19 | Sec. 55. Endorsement. An applicant, who is a euthanasia | ||||||
| 20 | technician
registered or licensed under the laws of another | ||||||
| 21 | state or territory of the
United States that has requirements | ||||||
| 22 | that are substantially similar to the
requirements of this Act,
| ||||||
| 23 | may be granted
certification as a euthanasia technician in this | ||||||
| 24 | State without examination,
upon presenting satisfactory proof | ||||||
| 25 | to the Department
that the applicant has been engaged in the | ||||||
| |||||||
| |||||||
| 1 | practice of euthanasia for a period
of not less than one year | ||||||
| 2 | and upon payment of the required fee. In addition,
an applicant | ||||||
| 3 | shall have his or her fingerprints submitted to the Illinois | ||||||
| 4 | Department of State Police for purposes of a criminal history | ||||||
| 5 | records check pursuant to
clause (a)(3) of Section 35.
| ||||||
| 6 | (Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
| ||||||
| 7 | Section 900. The Wildlife Code is amended by changing | ||||||
| 8 | Section 3.5 as follows:
| ||||||
| 9 | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
| ||||||
| 10 | Sec. 3.5. Penalties; probation.
| ||||||
| 11 | (a) Any person who violates any of the provisions of | ||||||
| 12 | Section
2.36a,
including administrative rules, shall be guilty | ||||||
| 13 | of a Class 3 felony, except
as otherwise provided in subsection | ||||||
| 14 | (b) of this Section and subsection (a) of
Section 2.36a.
| ||||||
| 15 | (b) Whenever any person who has not previously been | ||||||
| 16 | convicted of, or
placed
on probation or court supervision for, | ||||||
| 17 | any offense under Section 1.22,
2.36, or 2.36a or subsection | ||||||
| 18 | (i) or (cc) of Section
2.33, the court may, without entering a
| ||||||
| 19 | judgment and with the person's consent, sentence the person to | ||||||
| 20 | probation for a
violation of Section 2.36a.
| ||||||
| 21 | (1) When a person is placed on probation, the court | ||||||
| 22 | shall enter an order
specifying a period of probation of 24 | ||||||
| 23 | months and shall defer further
proceedings in
the case | ||||||
| 24 | until the conclusion of the period or until the filing of a | ||||||
| |||||||
| |||||||
| 1 | petition
alleging violation of a term or condition of | ||||||
| 2 | probation.
| ||||||
| 3 | (2) The conditions of probation shall be that the | ||||||
| 4 | person:
| ||||||
| 5 | (A) Not violate
any criminal statute of any | ||||||
| 6 | jurisdiction.
| ||||||
| 7 | (B) Perform no less than 30 hours of community | ||||||
| 8 | service, provided
community
service is available in | ||||||
| 9 | the jurisdiction and is funded and approved by the
| ||||||
| 10 | county board.
| ||||||
| 11 | (3) The court may, in addition to other conditions:
| ||||||
| 12 | (A) Require that the person make a report to and | ||||||
| 13 | appear in person before
or participate with the
court | ||||||
| 14 | or courts, person, or social service agency as directed | ||||||
| 15 | by the
court in the order of probation.
| ||||||
| 16 | (B) Require that the person pay a fine and costs.
| ||||||
| 17 | (C) Require that the person refrain from | ||||||
| 18 | possessing a firearm or other
dangerous weapon.
| ||||||
| 19 | (D) Prohibit the person from associating with any | ||||||
| 20 | person who is actively
engaged in any of the activities | ||||||
| 21 | regulated by the permits issued or privileges
granted | ||||||
| 22 | by the Department of Natural Resources.
| ||||||
| 23 | (4) Upon violation of a term or condition of probation, | ||||||
| 24 | the
court
may enter a judgment on its original finding of | ||||||
| 25 | guilt and proceed as otherwise
provided.
| ||||||
| 26 | (5) Upon fulfillment of the terms and
conditions of | ||||||
| |||||||
| |||||||
| 1 | probation, the court shall discharge the person and dismiss
| ||||||
| 2 | the proceedings against the person.
| ||||||
| 3 | (6) A disposition of probation is considered to be a | ||||||
| 4 | conviction
for the purposes of imposing the conditions of | ||||||
| 5 | probation, for appeal, and for
administrative revocation | ||||||
| 6 | and suspension of licenses and privileges;
however, | ||||||
| 7 | discharge and dismissal under this Section is not a | ||||||
| 8 | conviction for
purposes of disqualification or | ||||||
| 9 | disabilities imposed by law upon conviction of
a crime.
| ||||||
| 10 | (7) Discharge and dismissal under this Section
may | ||||||
| 11 | occur only once
with respect to any person.
| ||||||
| 12 | (8) If a person is convicted of an offense under this
| ||||||
| 13 | Act within 5 years
subsequent to a discharge and dismissal | ||||||
| 14 | under this Section, the discharge and
dismissal under this | ||||||
| 15 | Section shall be admissible in the sentencing proceeding
| ||||||
| 16 | for that conviction
as a factor in aggravation.
| ||||||
| 17 | (9) The Circuit Clerk shall notify the Illinois | ||||||
| 18 | Department of State Police of all
persons convicted of or | ||||||
| 19 | placed under probation for violations of Section
2.36a.
| ||||||
| 20 | (c) Any person who violates any of the provisions of | ||||||
| 21 | Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | ||||||
| 22 | 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | ||||||
| 23 | and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 through 3.16, 3.19, | ||||||
| 24 | 3.20, 3.21
(except subsections (b), (c), (d), (e), (f), (f.5), | ||||||
| 25 | (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection | ||||||
| 26 | (f)), including administrative
rules, shall be guilty of a | ||||||
| |||||||
| |||||||
| 1 | Class B misdemeanor.
| ||||||
| 2 | A person who violates Section 2.33b by using any computer | ||||||
| 3 | software or service to remotely control a weapon that takes | ||||||
| 4 | wildlife by remote operation is guilty of a Class B | ||||||
| 5 | misdemeanor. A person who violates Section 2.33b by | ||||||
| 6 | facilitating a violation of Section 2.33b, including an owner | ||||||
| 7 | of land in which remote control hunting occurs, a computer | ||||||
| 8 | programmer who designs a program or software to facilitate | ||||||
| 9 | remote control hunting, or a person who provides weapons or | ||||||
| 10 | equipment to facilitate remote control hunting, is guilty of a | ||||||
| 11 | Class A misdemeanor. | ||||||
| 12 | Any person who violates any of the
provisions of Sections | ||||||
| 13 | 1.22, 2.2a, 2.3,
2.4, 2.36 and 2.38, including administrative | ||||||
| 14 | rules, shall be guilty of a
Class A misdemeanor. Any second or | ||||||
| 15 | subsequent violations of Sections
2.4 and 2.36 shall be a Class | ||||||
| 16 | 4 felony.
| ||||||
| 17 | Any person who violates any of the provisions of this Act, | ||||||
| 18 | including
administrative rules, during such period when his | ||||||
| 19 | license, privileges, or
permit is revoked or denied by virtue | ||||||
| 20 | of Section 3.36, shall be guilty of a
Class A misdemeanor.
| ||||||
| 21 | Any person who violates subsection (g), (i), (o), (p), (y), | ||||||
| 22 | or (cc)
of Section 2.33 shall be guilty of a Class A | ||||||
| 23 | misdemeanor and subject to a
fine of no less than $500 and no | ||||||
| 24 | more than $5,000 in addition to other
statutory penalties. In | ||||||
| 25 | addition, the Department shall suspend the privileges, under | ||||||
| 26 | this Act, of any person found guilty of violating Section | ||||||
| |||||||
| |||||||
| 1 | 2.33(cc) for a period of not less than one year.
| ||||||
| 2 | Any person who violates any other of
the provisions of this | ||||||
| 3 | Act
including administrative rules, unless otherwise stated, | ||||||
| 4 | shall be
guilty of a petty offense. Offenses committed by | ||||||
| 5 | minors under the
direct control or with the consent of a parent | ||||||
| 6 | or guardian may subject
the parent or guardian to the penalties | ||||||
| 7 | prescribed in this Section.
| ||||||
| 8 | In addition to any fines imposed pursuant to the provisions | ||||||
| 9 | of this
Section or as otherwise provided in this Act, any | ||||||
| 10 | person found guilty of
unlawfully taking or possessing any | ||||||
| 11 | species protected by this Act, shall be
assessed a civil | ||||||
| 12 | penalty for such species in accordance with the values
| ||||||
| 13 | prescribed in Section 2.36a of this Act. This civil penalty | ||||||
| 14 | shall be
imposed by the Circuit Court for the county within | ||||||
| 15 | which the offense was
committed at the time of the conviction. | ||||||
| 16 | All penalties provided for in
this Section shall be remitted to | ||||||
| 17 | the Department in accordance with the
same provisions provided | ||||||
| 18 | for in Section 1.18 of this Act.
| ||||||
| 19 | (Source: P.A. 97-431, eff. 8-16-11.)
| ||||||
| 20 | Section 910. The Public Private Agreements for the Illiana | ||||||
| 21 | Expressway Act is amended by changing Section 115 as follows:
| ||||||
| 22 | (605 ILCS 130/115)
| ||||||
| 23 | Sec. 115. Additional powers of the Department with respect | ||||||
| 24 | to the Illiana Expressway. | ||||||
| |||||||
| |||||||
| 1 | (a) The Department may exercise any powers provided under | ||||||
| 2 | this Act in participation or cooperation with any governmental | ||||||
| 3 | entity and enter into any contracts to facilitate that | ||||||
| 4 | participation or cooperation. The Department shall cooperate | ||||||
| 5 | with other governmental entities under this Act. | ||||||
| 6 | (b) The Department may make and enter into all contracts | ||||||
| 7 | and agreements necessary or incidental to the performance of | ||||||
| 8 | the Department's duties and the execution of the Department's | ||||||
| 9 | powers under this Act. Except as otherwise required by law, | ||||||
| 10 | these contracts or agreements are not subject to any approvals | ||||||
| 11 | other than the approval of the Department, Governor, or federal | ||||||
| 12 | agencies. | ||||||
| 13 | (c) The Department may pay the costs incurred under the | ||||||
| 14 | public private agreement entered into under this Act from any | ||||||
| 15 | funds available to the Department for the purpose of the | ||||||
| 16 | Illiana Expressway under this Act or any other statute. | ||||||
| 17 | (d) The Department or other State agency may not take any | ||||||
| 18 | action that would impair the public private agreement entered | ||||||
| 19 | into under this Act, except as provided by law. | ||||||
| 20 | (e) The Department may enter into an agreement between and | ||||||
| 21 | among the contractor, the Department, and the Illinois | ||||||
| 22 | Department of State Police concerning the provision of law | ||||||
| 23 | enforcement assistance with respect to the Illiana Expressway | ||||||
| 24 | under this Act. | ||||||
| 25 | (f) The Department is authorized to enter into arrangements | ||||||
| 26 | with the Illinois State Police related to costs incurred in | ||||||
| |||||||
| |||||||
| 1 | providing law enforcement assistance under this Act.
| ||||||
| 2 | (Source: P.A. 96-913, eff. 6-9-10.)
| ||||||
| 3 | Section 915. The Railroad Police Act is amended by changing | ||||||
| 4 | Section 2 as follows:
| ||||||
| 5 | (610 ILCS 80/2) (from Ch. 114, par. 98)
| ||||||
| 6 | Sec. 2. Conductors of all railroad trains, and the captain | ||||||
| 7 | or master of any
boat carrying passengers within the | ||||||
| 8 | jurisdiction of this State, are vested
with police powers while | ||||||
| 9 | on duty on their respective trains and boats, and
may wear an | ||||||
| 10 | appropriate badge indicative of this authority.
| ||||||
| 11 | In the policing of its properties any registered rail | ||||||
| 12 | carrier, as defined in Section 18c-7201 of the Illinois Vehicle | ||||||
| 13 | Code, may provide for the
appointment and maintenance of a | ||||||
| 14 | police force to aid and supplement the police forces of any | ||||||
| 15 | municipality
in the protection of its property and the | ||||||
| 16 | protection of the persons and
property of its passengers and | ||||||
| 17 | employees, or in furtherance of
the purposes for which the | ||||||
| 18 | railroad was organized. While engaged in the
conduct of their | ||||||
| 19 | employment, the members of the railroad police force have
and | ||||||
| 20 | may exercise the same police powers conferred upon any peace | ||||||
| 21 | officer employed by a law enforcement agency of this State, | ||||||
| 22 | including the authority to issue administrative citations in | ||||||
| 23 | accordance with the provisions of county or municipal | ||||||
| 24 | ordinances.
| ||||||
| |||||||
| |||||||
| 1 | Any registered rail carrier that appoints and maintains a | ||||||
| 2 | police force shall comply with the following requirements: | ||||||
| 3 | (1) Establish an internal policy that includes | ||||||
| 4 | procedures to ensure objective oversight in addressing | ||||||
| 5 | allegations of abuse of authority or other misconduct on | ||||||
| 6 | the part of its police officers. | ||||||
| 7 | (2) Adopt appropriate policies and guidelines for | ||||||
| 8 | employee investigations by police officers. These policies | ||||||
| 9 | and guidelines shall provide for initiating employee | ||||||
| 10 | investigations only under the following conditions: | ||||||
| 11 | (A) There is reason to believe criminal misconduct | ||||||
| 12 | has occurred. | ||||||
| 13 | (B) In response to an employee accident. | ||||||
| 14 | (C) There is reason to believe that the interview | ||||||
| 15 | of an employee could result in workplace violence. | ||||||
| 16 | (D) There is a legitimate concern for the personal | ||||||
| 17 | safety of one or more employees. | ||||||
| 18 | These policies and guidelines shall provide for the | ||||||
| 19 | right of an employee to request a representative to be | ||||||
| 20 | present during any interview concerning a non-criminal | ||||||
| 21 | matter. | ||||||
| 22 | (3) File copies of the policies and guidelines adopted | ||||||
| 23 | under paragraphs (1) and (2) with the Illinois Law | ||||||
| 24 | Enforcement Training Standards Board, which shall make | ||||||
| 25 | them available for public inspection. The Board shall | ||||||
| 26 | review the policies and guidelines, and approve them if | ||||||
| |||||||
| |||||||
| 1 | they comply with the Act. | ||||||
| 2 | (4) Appeal of a rail carrier's decision.
A person | ||||||
| 3 | adversely affected or aggrieved by a decision of a rail | ||||||
| 4 | carrier's internal investigation under this Act may appeal | ||||||
| 5 | the decision to the Illinois State Police. The appeal shall | ||||||
| 6 | be filed no later than 90 days after the issuance of the | ||||||
| 7 | decision. The Illinois State Police shall review the depth, | ||||||
| 8 | completeness, and objectivity of the rail carrier's | ||||||
| 9 | investigation, and may conduct its own investigation of the | ||||||
| 10 | complaint. The Illinois State Police may uphold, overturn, | ||||||
| 11 | or modify the rail carrier's decision by filing a report of | ||||||
| 12 | its findings and recommendations with the Illinois | ||||||
| 13 | Commerce Commission. Consistent with authority under | ||||||
| 14 | Chapter 18C of the Illinois Vehicle Code and the Commission | ||||||
| 15 | rules of practice, the Commission shall have the power to | ||||||
| 16 | conduct evidentiary hearings, make findings, and issue and | ||||||
| 17 | enforce orders, including sanctions under Section 18c-1704 | ||||||
| 18 | of the Illinois Vehicle Code. | ||||||
| 19 | Rulemaking authority to implement this amendatory Act of | ||||||
| 20 | the 95th General Assembly, if any, is conditioned on the rules | ||||||
| 21 | being adopted in accordance with all provisions of the Illinois | ||||||
| 22 | Administrative Procedure Act and all rules and procedures of | ||||||
| 23 | the Joint Committee on Administrative Rules; any purported rule | ||||||
| 24 | not so adopted, for whatever reason, is unauthorized. | ||||||
| 25 | (Source: P.A. 98-791, eff. 7-25-14; 99-78, eff. 7-20-15.)
| ||||||
| |||||||
| |||||||
| 1 | Section 920. The Military Emergency Aircraft Restriction | ||||||
| 2 | Act is amended by changing Section 5 as follows:
| ||||||
| 3 | (620 ILCS 10/5) (from Ch. 15 1/2, par. 183)
| ||||||
| 4 | Sec. 5.
Notice of the existence of a state of military | ||||||
| 5 | emergency and of
currently prevailing air traffic control | ||||||
| 6 | requirements issued to the
Department and to civil and military | ||||||
| 7 | aviation facilities of this State over
the Federal Interstate | ||||||
| 8 | Airways Communications System and the State
emergency fan-out | ||||||
| 9 | system components of the Civil Air Defense Warning Net is
| ||||||
| 10 | sufficient to authorize the Department to control | ||||||
| 11 | non-scheduled civil
aircraft movement as provided in this Act.
| ||||||
| 12 | The Department may utilize, to the extent of capacity, the | ||||||
| 13 | radio network
system of the Illinois State Police, county | ||||||
| 14 | sheriffs' offices and
municipal police
departments in order to | ||||||
| 15 | assure a reliable and adequate State fan-out
communications | ||||||
| 16 | system required for rapid dissemination of notices to airmen
| ||||||
| 17 | and civil aviation authorities respecting such aircraft | ||||||
| 18 | movement control as
may be required on the part of the | ||||||
| 19 | Department and airport operators and
managers during the | ||||||
| 20 | existence of a state of military emergency.
| ||||||
| 21 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
| 22 | Section 930. The Public-Private Agreements for the South | ||||||
| 23 | Suburban Airport Act is amended by changing Section 2-135 as | ||||||
| 24 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (620 ILCS 75/2-135)
| ||||||
| 2 | Sec. 2-135. Additional powers of the Department with | ||||||
| 3 | respect to the South Suburban Airport.
| ||||||
| 4 | (a) The Department may exercise any powers provided under | ||||||
| 5 | this Act in participation or cooperation with any governmental | ||||||
| 6 | entity and enter into any contracts to facilitate that | ||||||
| 7 | participation or cooperation. The Department shall cooperate | ||||||
| 8 | with other governmental entities under this Act. | ||||||
| 9 | (b) The Department may make and enter into all contracts | ||||||
| 10 | and agreements necessary or incidental to the performance of | ||||||
| 11 | the Department's duties and the execution of the Department's | ||||||
| 12 | powers under this Act. Except as otherwise required by law, | ||||||
| 13 | these contracts or agreements are not subject to any approvals | ||||||
| 14 | other than the approval of the Department, Governor, or federal | ||||||
| 15 | agencies and may contain any terms that are considered | ||||||
| 16 | reasonable by the Department and not in conflict with any | ||||||
| 17 | provisions of this Act or other statutes, rules, or laws. | ||||||
| 18 | (c) The Department may pay the costs incurred under the | ||||||
| 19 | public-private agreement entered into under this Act from any | ||||||
| 20 | funds available to the Department for the purpose of the South | ||||||
| 21 | Suburban Airport under this Act or any other statute. | ||||||
| 22 | (d) The Department and other State agencies shall not take | ||||||
| 23 | any action that would impair the public-private agreement | ||||||
| 24 | entered into under this Act, except as provided by law. | ||||||
| 25 | (e) The Department may enter into an agreement between and | ||||||
| |||||||
| |||||||
| 1 | among the contractor, the Department, and the Illinois | ||||||
| 2 | Department of State Police concerning the provision of law | ||||||
| 3 | enforcement assistance with respect to the South Suburban | ||||||
| 4 | Airport under this Act. | ||||||
| 5 | (f) The Department is authorized to enter into arrangements | ||||||
| 6 | with the Illinois State Police related to costs incurred in | ||||||
| 7 | providing law enforcement assistance under this Act.
| ||||||
| 8 | (Source: P.A. 98-109, eff. 7-25-13.)
| ||||||
| 9 | Section 935. The Illinois Vehicle Code is amended by | ||||||
| 10 | changing Sections 1-129, 2-116, 2-119, 3-117.1, 3-405, 3-416, | ||||||
| 11 | 4-107, 4-109, 4-202, 4-203.5, 4-205, 4-206, 4-209, 4-302, | ||||||
| 12 | 5-102, 5-105, 5-401.2, 5-402.1, 6-106.1, 6-106.1a, 6-107.5, | ||||||
| 13 | 6-112, 6-402, 6-411, 6-508, 8-115, 11-212, 11-416, 11-501.01, | ||||||
| 14 | 11-501.2, 11-501.4-1, 11-501.5, 11-501.6, 11-501.8, 11-501.10, | ||||||
| 15 | 11-605.1, 11-907.1, 12-612, 13-109.1, 15-102, 15-112, 15-201, | ||||||
| 16 | 15-202, 15-203, 15-305, 16-102, 16-105, 18a-200, 18b-112, | ||||||
| 17 | 18c-1702, and 18c-4601 as follows:
| ||||||
| 18 | (625 ILCS 5/1-129) (from Ch. 95 1/2, par. 1-129)
| ||||||
| 19 | Sec. 1-129. Identification Number. The numbers and | ||||||
| 20 | letters, if any,
on a vehicle or essential part, affixed by its | ||||||
| 21 | manufacturer, the
Illinois Secretary of State or the Illinois | ||||||
| 22 | Department of State Police for
the purpose of identifying the | ||||||
| 23 | vehicle or essential part, or which is
required to be affixed | ||||||
| 24 | to the vehicle or part by federal or state law.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 84-1302; 84-1304.)
| ||||||
| 2 | (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
| ||||||
| 3 | Sec. 2-116. Secretary of State Department of Police.
| ||||||
| 4 | (a) The Secretary of State and the officers, inspectors, | ||||||
| 5 | and
investigators appointed by him shall cooperate with the | ||||||
| 6 | Illinois State Police and
the sheriffs and police in enforcing | ||||||
| 7 | the laws regulating the operation of
vehicles and the use of | ||||||
| 8 | the highways.
| ||||||
| 9 | (b) The Secretary of State may provide training and | ||||||
| 10 | education for
members of his office in traffic regulation, the | ||||||
| 11 | promotion of traffic
safety and the enforcement of laws vested | ||||||
| 12 | in the Secretary of State for
administration and enforcement | ||||||
| 13 | regulating the operation of vehicles and the
use of the | ||||||
| 14 | highways.
| ||||||
| 15 | (c) The Secretary of State may provide distinctive uniforms | ||||||
| 16 | and badges
for officers, inspectors and investigators employed | ||||||
| 17 | in the administration
of laws relating to the operation of | ||||||
| 18 | vehicles and the use of the highways
and vesting the | ||||||
| 19 | administration and enforcement of such laws in the
Secretary of | ||||||
| 20 | State.
| ||||||
| 21 | (c-5) The Director of the Secretary of State Department of | ||||||
| 22 | Police shall establish a program to allow a Secretary of State | ||||||
| 23 | Police officer, inspector, or investigator who is honorably | ||||||
| 24 | retiring in good standing to purchase either one or both of the | ||||||
| 25 | following: (1) any Secretary of State Department of Police | ||||||
| |||||||
| |||||||
| 1 | badge previously issued to that officer, inspector, or | ||||||
| 2 | investigator; or (2) if the officer, inspector, or investigator | ||||||
| 3 | has a currently valid Firearm Owner's Identification Card, the | ||||||
| 4 | service firearm issued or previously issued to the officer, | ||||||
| 5 | inspector, or investigator by the Secretary of State Department | ||||||
| 6 | of Police. The cost of the firearm shall be the replacement | ||||||
| 7 | value of the firearm and not the firearm's fair market value. | ||||||
| 8 | (d) The Secretary of State Department of Police is | ||||||
| 9 | authorized to:
| ||||||
| 10 | (1) investigate the origins, activities, persons, and | ||||||
| 11 | incidents of
crime and the ways and means, if any, to | ||||||
| 12 | redress the victims of crimes, and
study the impact, if | ||||||
| 13 | any, of legislation relative to the criminal laws of this
| ||||||
| 14 | State related thereto and conduct any other investigations | ||||||
| 15 | as may be provided
by law;
| ||||||
| 16 | (2) employ skilled experts, technicians, | ||||||
| 17 | investigators, special agents, or
otherwise specially | ||||||
| 18 | qualified persons to aid in preventing or detecting crime,
| ||||||
| 19 | apprehending criminals, or preparing and presenting | ||||||
| 20 | evidence of violations of
the criminal laws of the State;
| ||||||
| 21 | (3) cooperate with the police of cities, villages, and | ||||||
| 22 | incorporated towns,
and with the police officers of any | ||||||
| 23 | county, in enforcing the laws of the State
and in making | ||||||
| 24 | arrests;
| ||||||
| 25 | (4) provide, as may be required by law, assistance to | ||||||
| 26 | local law
enforcement agencies through training, | ||||||
| |||||||
| |||||||
| 1 | management, and consultant services
for local law | ||||||
| 2 | enforcement agencies, pertaining to law enforcement | ||||||
| 3 | activities;
| ||||||
| 4 | (5) exercise the rights, powers, and duties which have | ||||||
| 5 | been vested in
it by the Secretary of State Act and this | ||||||
| 6 | Code; and
| ||||||
| 7 | (6) enforce and administer any other laws in relation | ||||||
| 8 | to law
enforcement as may be vested in the Secretary of | ||||||
| 9 | State Department of Police.
| ||||||
| 10 | Persons within the Secretary of State Department of Police | ||||||
| 11 | who exercise
these powers are conservators of the peace and | ||||||
| 12 | have all the powers possessed
by policemen in municipalities | ||||||
| 13 | and sheriffs, and may exercise these powers
anywhere in the | ||||||
| 14 | State in cooperation with local
law enforcement officials. | ||||||
| 15 | These
persons may use false or fictitious names in the | ||||||
| 16 | performance of their duties
under this Section, upon approval | ||||||
| 17 | of the Director of Police-Secretary of
State, and shall not be | ||||||
| 18 | subject to prosecution under the criminal laws for that
use.
| ||||||
| 19 | (e) The Secretary of State Department of Police may charge, | ||||||
| 20 | collect, and
receive fees or moneys equivalent to the cost of | ||||||
| 21 | providing its personnel,
equipment, and services to | ||||||
| 22 | governmental agencies when explicitly requested by
a | ||||||
| 23 | governmental agency and according to an intergovernmental | ||||||
| 24 | agreement or
memorandums of understanding as provided by this | ||||||
| 25 | Section, including but not
limited to fees or moneys equivalent | ||||||
| 26 | to the cost of providing training to other
governmental | ||||||
| |||||||
| |||||||
| 1 | agencies on terms and conditions that in the judgment of the
| ||||||
| 2 | Director of Police-Secretary of State are in the best interest | ||||||
| 3 | of the
Secretary of State. All fees received by the Secretary | ||||||
| 4 | of State Police
Department under this Act shall be deposited in | ||||||
| 5 | a special fund in the State
Treasury to be known as
the | ||||||
| 6 | Secretary of State Police Services Fund. The money deposited in | ||||||
| 7 | the
Secretary of State Police Services Fund shall be | ||||||
| 8 | appropriated to the Secretary
of State Department of Police as | ||||||
| 9 | provided for in subsection (g).
| ||||||
| 10 | (f) The Secretary of State Department of Police may apply | ||||||
| 11 | for grants or
contracts and receive, expend, allocate, or | ||||||
| 12 | disburse moneys made
available by public or private entities, | ||||||
| 13 | including, but not limited to,
contracts,
bequests, grants, or | ||||||
| 14 | receiving equipment from corporations, foundations, or
public | ||||||
| 15 | or private institutions of higher learning.
| ||||||
| 16 | (g) The Secretary of State Police Services Fund is hereby | ||||||
| 17 | created as a
special fund in the State Treasury. All moneys | ||||||
| 18 | received under this Section by
the Secretary of
State
| ||||||
| 19 | Department of Police shall be deposited into the Secretary of | ||||||
| 20 | State Police
Services Fund to be appropriated to the Secretary | ||||||
| 21 | of State Department of Police
for purposes as indicated by the | ||||||
| 22 | grantor or contractor or, in the case of
moneys bequeathed or | ||||||
| 23 | granted for no specific purpose, for any purpose as
deemed | ||||||
| 24 | appropriate by the Director of Police-Secretary of State in
| ||||||
| 25 | administering the responsibilities of the Secretary of State | ||||||
| 26 | Department of
Police.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-931, eff. 8-17-18.)
| ||||||
| 2 | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
| ||||||
| 3 | Sec. 2-119. Disposition of fees and taxes.
| ||||||
| 4 | (a) All moneys received from Salvage Certificates shall be | ||||||
| 5 | deposited in
the Common School Fund in the State Treasury.
| ||||||
| 6 | (b) Of the money collected for each certificate of title, | ||||||
| 7 | duplicate certificate of title, and corrected certificate of | ||||||
| 8 | title: | ||||||
| 9 | (1) $2.60 shall be deposited in the Park and | ||||||
| 10 | Conservation Fund; | ||||||
| 11 | (2) $0.65 shall be deposited in the Illinois Fisheries | ||||||
| 12 | Management Fund; | ||||||
| 13 | (3) $48 shall be disbursed under subsection (g) of this | ||||||
| 14 | Section; | ||||||
| 15 | (4) $4 shall be deposited into the Motor Vehicle | ||||||
| 16 | License Plate Fund; and | ||||||
| 17 | (5) $30 shall be deposited into the Capital Projects | ||||||
| 18 | Fund. | ||||||
| 19 | All remaining moneys collected for certificates of title, | ||||||
| 20 | and all moneys collected for filing of security interests, | ||||||
| 21 | shall be deposited in the General Revenue Fund. | ||||||
| 22 | The $20 collected for each delinquent vehicle registration | ||||||
| 23 | renewal fee shall be deposited into the General Revenue Fund. | ||||||
| 24 | The moneys deposited in the Park and Conservation Fund | ||||||
| 25 | under this Section shall be used for the acquisition and | ||||||
| |||||||
| |||||||
| 1 | development of bike paths as provided for in Section 805-420 of | ||||||
| 2 | the Department of Natural Resources (Conservation) Law of the | ||||||
| 3 | Civil Administrative Code of Illinois. The moneys deposited | ||||||
| 4 | into the Park and Conservation Fund under this subsection shall | ||||||
| 5 | not be subject to administrative charges or chargebacks, unless | ||||||
| 6 | otherwise authorized by this Code. | ||||||
| 7 | If the balance in the Motor Vehicle License Plate Fund | ||||||
| 8 | exceeds $40,000,000 on the last day of a calendar month, then | ||||||
| 9 | during the next calendar month, the $4 that otherwise would be | ||||||
| 10 | deposited in that fund shall instead be deposited into the Road | ||||||
| 11 | Fund.
| ||||||
| 12 | (c) All moneys collected for that portion of a driver's | ||||||
| 13 | license fee
designated for driver education under Section 6-118 | ||||||
| 14 | shall be placed in
the Drivers Education Fund in the State | ||||||
| 15 | Treasury.
| ||||||
| 16 | (d) Of the moneys collected as a registration fee for each | ||||||
| 17 | motorcycle, motor driven cycle, and moped, 27% shall be | ||||||
| 18 | deposited in the Cycle Rider Safety Training Fund.
| ||||||
| 19 | (e) (Blank).
| ||||||
| 20 | (f) Of the total money collected for a commercial learner's | ||||||
| 21 | permit (CLP) or
original or renewal issuance of a commercial | ||||||
| 22 | driver's license (CDL)
pursuant to the Uniform Commercial | ||||||
| 23 | Driver's License Act (UCDLA): (i) $6 of the
total fee for an | ||||||
| 24 | original or renewal CDL, and $6 of the total CLP fee when such | ||||||
| 25 | permit is issued to any person holding a
valid Illinois | ||||||
| 26 | driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS
| ||||||
| |||||||
| |||||||
| 1 | Trust Fund (Commercial Driver's License Information | ||||||
| 2 | System/American
Association of Motor Vehicle Administrators | ||||||
| 3 | network/National Motor Vehicle Title Information Service Trust | ||||||
| 4 | Fund) and shall
be used for the purposes provided in Section | ||||||
| 5 | 6z-23 of the State Finance Act
and (ii) $20 of the total fee | ||||||
| 6 | for an original or renewal CDL or CLP shall be paid
into the | ||||||
| 7 | Motor Carrier Safety Inspection Fund, which is hereby created | ||||||
| 8 | as a
special fund in the State Treasury, to be used by
the | ||||||
| 9 | Illinois Department of State Police, subject to appropriation, | ||||||
| 10 | to hire additional officers to
conduct motor carrier safety
| ||||||
| 11 | inspections
pursuant to Chapter 18b of this Code.
| ||||||
| 12 | (g) Of the moneys received by the Secretary of State as | ||||||
| 13 | registration fees or taxes, certificates of title, duplicate | ||||||
| 14 | certificates of title, corrected certificates of title, or as | ||||||
| 15 | payment of any other fee under this Code, when those moneys are | ||||||
| 16 | not otherwise distributed by this Code, 37% shall be deposited | ||||||
| 17 | into the State Construction Account Fund, and 63% shall be | ||||||
| 18 | deposited in the Road Fund. Moneys in the Road Fund shall be | ||||||
| 19 | used for the purposes provided in Section 8.3 of the State | ||||||
| 20 | Finance Act.
| ||||||
| 21 | (h) (Blank).
| ||||||
| 22 | (i) (Blank).
| ||||||
| 23 | (j) (Blank).
| ||||||
| 24 | (k) There is created in the State Treasury a special fund | ||||||
| 25 | to be known as
the Secretary of State Special License Plate | ||||||
| 26 | Fund. Money deposited into the
Fund shall, subject to | ||||||
| |||||||
| |||||||
| 1 | appropriation, be used by the Office of the Secretary
of State | ||||||
| 2 | (i) to help defray plate manufacturing and plate processing | ||||||
| 3 | costs
for the issuance and, when applicable, renewal of any new | ||||||
| 4 | or existing
registration plates authorized under this Code and | ||||||
| 5 | (ii) for grants made by the
Secretary of State to benefit | ||||||
| 6 | Illinois Veterans Home libraries.
| ||||||
| 7 | (l) The Motor Vehicle Review Board Fund is created as a | ||||||
| 8 | special fund in
the State Treasury. Moneys deposited into the | ||||||
| 9 | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | ||||||
| 10 | Section 5-109 shall,
subject to appropriation, be used by the | ||||||
| 11 | Office of the Secretary of State to
administer the Motor | ||||||
| 12 | Vehicle Review Board, including without
limitation payment of | ||||||
| 13 | compensation and all necessary expenses incurred in
| ||||||
| 14 | administering the Motor Vehicle Review Board under the Motor | ||||||
| 15 | Vehicle Franchise
Act.
| ||||||
| 16 | (m) Effective July 1, 1996, there is created in the State
| ||||||
| 17 | Treasury a special fund to be known as the Family | ||||||
| 18 | Responsibility Fund. Moneys
deposited into the Fund shall, | ||||||
| 19 | subject to appropriation, be used by the Office
of the | ||||||
| 20 | Secretary of State for the purpose of enforcing the Family | ||||||
| 21 | Financial
Responsibility Law.
| ||||||
| 22 | (n) The Illinois Fire Fighters' Memorial Fund is created as | ||||||
| 23 | a special
fund in the State Treasury. Moneys deposited into the | ||||||
| 24 | Fund shall, subject
to appropriation, be used by the Office of | ||||||
| 25 | the State Fire Marshal for
construction of the Illinois Fire | ||||||
| 26 | Fighters' Memorial to be located at the
State Capitol grounds | ||||||
| |||||||
| |||||||
| 1 | in Springfield, Illinois. Upon the completion of the
Memorial, | ||||||
| 2 | moneys in the Fund shall be used in accordance with Section | ||||||
| 3 | 3-634.
| ||||||
| 4 | (o) Of the money collected for each certificate of title | ||||||
| 5 | for all-terrain
vehicles and off-highway motorcycles, $17 | ||||||
| 6 | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| ||||||
| 7 | (p) For audits conducted on or after July 1, 2003 pursuant | ||||||
| 8 | to Section
2-124(d) of this Code, 50% of the money collected as | ||||||
| 9 | audit fees shall be
deposited
into the General Revenue Fund.
| ||||||
| 10 | (Source: P.A. 98-176 (See Section 10 of P.A. 98-722 and Section | ||||||
| 11 | 10 of P.A. 99-414 for the effective date of changes made by | ||||||
| 12 | P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
| 13 | 99-127, eff. 1-1-16; 99-933, eff. 1-27-17.)
| ||||||
| 14 | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
| ||||||
| 15 | Sec. 3-117.1. When junking certificates or salvage | ||||||
| 16 | certificates must
be obtained. | ||||||
| 17 | (a) Except as provided in Chapter 4 and Section 3-117.3 of | ||||||
| 18 | this Code, a person who possesses a
junk vehicle shall within | ||||||
| 19 | 15 days cause the certificate of title, salvage
certificate, | ||||||
| 20 | certificate of purchase, or a similarly acceptable | ||||||
| 21 | out-of-state
document of ownership to be surrendered to the | ||||||
| 22 | Secretary of State along with an
application for a junking | ||||||
| 23 | certificate, except as provided in Section 3-117.2,
whereupon | ||||||
| 24 | the Secretary of State shall issue to such a person a junking
| ||||||
| 25 | certificate, which shall authorize the holder thereof to | ||||||
| |||||||
| |||||||
| 1 | possess, transport,
or, by an endorsement, transfer ownership | ||||||
| 2 | in such junked vehicle, and a
certificate of title shall not | ||||||
| 3 | again be issued for such vehicle. The owner of a junk vehicle | ||||||
| 4 | is not required to surrender the certificate of title under | ||||||
| 5 | this subsection if (i) there is no lienholder on the | ||||||
| 6 | certificate of title or (ii) the owner of the junk vehicle has | ||||||
| 7 | a valid lien release from the lienholder releasing all interest | ||||||
| 8 | in the vehicle and the owner applying for the junk certificate | ||||||
| 9 | matches the current record on the certificate of title file for | ||||||
| 10 | the vehicle.
| ||||||
| 11 | A licensee who possesses a junk vehicle and a Certificate | ||||||
| 12 | of Title,
Salvage Certificate, Certificate of Purchase, or a | ||||||
| 13 | similarly acceptable
out-of-state document of ownership for | ||||||
| 14 | such junk vehicle, may transport the
junk vehicle to another | ||||||
| 15 | licensee prior to applying for or obtaining a
junking | ||||||
| 16 | certificate, by executing a uniform invoice. The licensee
| ||||||
| 17 | transferor shall furnish a copy of the uniform invoice to the | ||||||
| 18 | licensee
transferee at the time of transfer. In any case, the | ||||||
| 19 | licensee transferor
shall apply for a junking certificate in | ||||||
| 20 | conformance with Section 3-117.1
of this Chapter. The following | ||||||
| 21 | information shall be contained on a uniform
invoice:
| ||||||
| 22 | (1) The business name, address and dealer license | ||||||
| 23 | number of the person
disposing of the vehicle, junk vehicle | ||||||
| 24 | or vehicle cowl;
| ||||||
| 25 | (2) The name and address of the person acquiring the | ||||||
| 26 | vehicle, junk
vehicle or vehicle cowl, and if that person | ||||||
| |||||||
| |||||||
| 1 | is a dealer, the Illinois or
out-of-state dealer license | ||||||
| 2 | number of that dealer;
| ||||||
| 3 | (3) The date of the disposition of the vehicle, junk | ||||||
| 4 | vehicle or vehicle
cowl;
| ||||||
| 5 | (4) The year, make, model, color and description of | ||||||
| 6 | each vehicle, junk
vehicle or vehicle cowl disposed of by | ||||||
| 7 | such person;
| ||||||
| 8 | (5) The manufacturer's vehicle identification number, | ||||||
| 9 | Secretary of State
identification number or Illinois | ||||||
| 10 | Department of State Police number,
for each vehicle, junk | ||||||
| 11 | vehicle or vehicle cowl part disposed of by such person;
| ||||||
| 12 | (6) The printed name and legible signature of the | ||||||
| 13 | person or agent
disposing of the vehicle, junk vehicle or | ||||||
| 14 | vehicle cowl; and
| ||||||
| 15 | (7) The printed name and legible signature of the | ||||||
| 16 | person accepting
delivery of the vehicle, junk vehicle or | ||||||
| 17 | vehicle cowl.
| ||||||
| 18 | The Secretary of State may certify a junking manifest in a | ||||||
| 19 | form prescribed by
the Secretary of State that reflects those | ||||||
| 20 | vehicles for which junking
certificates have been applied or | ||||||
| 21 | issued. A junking manifest
may be issued to any person and it | ||||||
| 22 | shall constitute evidence of ownership
for the vehicle listed | ||||||
| 23 | upon it. A junking manifest may be transferred only
to a person | ||||||
| 24 | licensed under Section 5-301 of this Code as a scrap processor.
| ||||||
| 25 | A junking manifest will allow the transportation of those
| ||||||
| 26 | vehicles to a scrap processor prior to receiving the junk | ||||||
| |||||||
| |||||||
| 1 | certificate from
the Secretary of State.
| ||||||
| 2 | (b) An application for a salvage certificate shall be | ||||||
| 3 | submitted to the
Secretary of State in any of the following | ||||||
| 4 | situations:
| ||||||
| 5 | (1) When an insurance company makes a payment of | ||||||
| 6 | damages on a total loss
claim for a vehicle, the insurance | ||||||
| 7 | company shall be deemed to be the owner of
such vehicle and | ||||||
| 8 | the vehicle shall be considered to be salvage except that
| ||||||
| 9 | ownership of (i) a vehicle that has incurred only hail | ||||||
| 10 | damage that does
not
affect the operational safety of the | ||||||
| 11 | vehicle or (ii) any vehicle
9 model years of age or older | ||||||
| 12 | may, by agreement between
the registered owner and the | ||||||
| 13 | insurance company, be retained by the registered
owner of | ||||||
| 14 | such vehicle. The insurance company shall promptly deliver | ||||||
| 15 | or mail
within 20 days the certificate of title along with | ||||||
| 16 | proper application and fee
to the Secretary of State, and a | ||||||
| 17 | salvage certificate shall be issued in the
name of the | ||||||
| 18 | insurance company. Notwithstanding the foregoing, an | ||||||
| 19 | insurer making payment of damages on a total loss claim for | ||||||
| 20 | the theft of a vehicle shall not be required to apply for a | ||||||
| 21 | salvage certificate unless the vehicle is recovered and has | ||||||
| 22 | incurred damage that initially would have caused the | ||||||
| 23 | vehicle to be declared a total loss by the insurer. | ||||||
| 24 | (1.1) When a vehicle of a self-insured company is to be | ||||||
| 25 | sold in the State of Illinois and has sustained damaged by | ||||||
| 26 | collision, fire, theft, rust corrosion, or other means so | ||||||
| |||||||
| |||||||
| 1 | that the self-insured company determines the vehicle to be | ||||||
| 2 | a total loss, or if the cost of repairing the damage, | ||||||
| 3 | including labor, would be greater than 70% of its fair | ||||||
| 4 | market value without that damage, the vehicle shall be | ||||||
| 5 | considered salvage. The self-insured company shall | ||||||
| 6 | promptly deliver the certificate of title along with proper | ||||||
| 7 | application and fee to the Secretary of State, and a | ||||||
| 8 | salvage certificate shall be issued in the name of the | ||||||
| 9 | self-insured company. A self-insured company making | ||||||
| 10 | payment of damages on a total loss claim for the theft of a | ||||||
| 11 | vehicle may exchange the salvage certificate for a | ||||||
| 12 | certificate of title if the vehicle is recovered without | ||||||
| 13 | damage. In such a situation, the self-insured shall fill | ||||||
| 14 | out and sign a form prescribed by the Secretary of State | ||||||
| 15 | which contains an affirmation under penalty of perjury that | ||||||
| 16 | the vehicle was recovered without damage and the Secretary | ||||||
| 17 | of State may, by rule, require photographs to be submitted.
| ||||||
| 18 | (2) When a vehicle the ownership of which has been | ||||||
| 19 | transferred to any
person through a certificate of purchase | ||||||
| 20 | from acquisition of the vehicle at an
auction, other | ||||||
| 21 | dispositions as set forth in Sections 4-208 and 4-209
of | ||||||
| 22 | this Code, or a lien arising under Section 18a-501 of this | ||||||
| 23 | Code shall be deemed
salvage or junk at the option of the | ||||||
| 24 | purchaser. The person acquiring such
vehicle in such manner | ||||||
| 25 | shall promptly deliver or mail, within 20 days after the
| ||||||
| 26 | acquisition of the vehicle, the certificate of purchase, | ||||||
| |||||||
| |||||||
| 1 | the
proper application and fee, and, if the vehicle is an | ||||||
| 2 | abandoned mobile home
under the Abandoned Mobile Home Act, | ||||||
| 3 | a certification from a local law
enforcement agency that | ||||||
| 4 | the vehicle was purchased or acquired at a public sale
| ||||||
| 5 | under the Abandoned Mobile Home Act to the Secretary of | ||||||
| 6 | State and a salvage
certificate or junking certificate | ||||||
| 7 | shall be issued in the name of that person.
The salvage | ||||||
| 8 | certificate or junking certificate issued by the Secretary | ||||||
| 9 | of State
under this Section shall be free of any lien that | ||||||
| 10 | existed against the vehicle
prior to the time the vehicle | ||||||
| 11 | was acquired by the applicant under this Code.
| ||||||
| 12 | (3) A vehicle which has been repossessed by a | ||||||
| 13 | lienholder shall be
considered to be salvage only when the | ||||||
| 14 | repossessed vehicle, on the date of
repossession by the | ||||||
| 15 | lienholder, has sustained damage by collision, fire, | ||||||
| 16 | theft,
rust corrosion, or other means so that the cost of | ||||||
| 17 | repairing
such damage, including labor, would be greater | ||||||
| 18 | than 33 1/3% of its fair market
value without such damage. | ||||||
| 19 | If the lienholder determines that such vehicle is
damaged | ||||||
| 20 | in excess of 33 1/3% of such fair market value, the | ||||||
| 21 | lienholder shall,
before sale, transfer or assignment of | ||||||
| 22 | the vehicle, make application for a
salvage certificate, | ||||||
| 23 | and shall submit with such application the proper fee
and | ||||||
| 24 | evidence of possession. If the facts required to be shown | ||||||
| 25 | in
subsection (f) of Section 3-114 are satisfied, the | ||||||
| 26 | Secretary of State shall
issue a salvage certificate in the | ||||||
| |||||||
| |||||||
| 1 | name of the lienholder making the
application. In any case | ||||||
| 2 | wherein the vehicle repossessed is not damaged in
excess of | ||||||
| 3 | 33 1/3% of its fair market value, the lienholder
shall | ||||||
| 4 | comply with the requirements of subsections (f), (f-5), and | ||||||
| 5 | (f-10) of
Section 3-114, except that the affidavit of | ||||||
| 6 | repossession made by or on behalf
of the lienholder
shall | ||||||
| 7 | also contain an affirmation under penalty of perjury that | ||||||
| 8 | the vehicle
on
the date of sale is not
damaged in
excess of | ||||||
| 9 | 33 1/3% of its fair market value. If the facts required to | ||||||
| 10 | be shown
in subsection (f) of Section 3-114 are satisfied, | ||||||
| 11 | the Secretary of State
shall issue a certificate of title | ||||||
| 12 | as set forth in Section 3-116 of this Code.
The Secretary | ||||||
| 13 | of State may by rule or regulation require photographs to | ||||||
| 14 | be
submitted.
| ||||||
| 15 | (4) A vehicle which is a part of a fleet of more than 5 | ||||||
| 16 | commercial
vehicles registered in this State or any other | ||||||
| 17 | state or registered
proportionately among several states | ||||||
| 18 | shall be considered to be salvage when
such vehicle has | ||||||
| 19 | sustained damage by collision, fire, theft, rust,
| ||||||
| 20 | corrosion or similar means so that the cost of repairing | ||||||
| 21 | such damage, including
labor, would be greater than 33 1/3% | ||||||
| 22 | of the fair market value of the vehicle
without such | ||||||
| 23 | damage. If the owner of a fleet vehicle desires to sell,
| ||||||
| 24 | transfer, or assign his interest in such vehicle to a | ||||||
| 25 | person within this State
other than an insurance company | ||||||
| 26 | licensed to do business within this State, and
the owner | ||||||
| |||||||
| |||||||
| 1 | determines that such vehicle, at the time of the proposed | ||||||
| 2 | sale,
transfer or assignment is damaged in excess of 33 | ||||||
| 3 | 1/3% of its fair market
value, the owner shall, before such | ||||||
| 4 | sale, transfer or assignment, make
application for a | ||||||
| 5 | salvage certificate. The application shall contain with it
| ||||||
| 6 | evidence of possession of the vehicle. If the fleet vehicle | ||||||
| 7 | at the time of its
sale, transfer, or assignment is not | ||||||
| 8 | damaged in excess of 33 1/3% of its
fair market value, the | ||||||
| 9 | owner shall so state in a written affirmation on a
form | ||||||
| 10 | prescribed by the Secretary of State by rule or regulation. | ||||||
| 11 | The
Secretary of State may by rule or regulation require | ||||||
| 12 | photographs to be
submitted. Upon sale, transfer or | ||||||
| 13 | assignment of the fleet vehicle the
owner shall mail the | ||||||
| 14 | affirmation to the Secretary of State.
| ||||||
| 15 | (5) A vehicle that has been submerged in water to the
| ||||||
| 16 | point that rising water has reached over the door sill and | ||||||
| 17 | has
entered the
passenger or trunk compartment is a "flood | ||||||
| 18 | vehicle". A flood vehicle shall
be considered to be salvage | ||||||
| 19 | only if the vehicle has sustained damage so that
the cost | ||||||
| 20 | of repairing the damage, including labor, would be greater | ||||||
| 21 | than 33
1/3% of the fair market value of the vehicle | ||||||
| 22 | without that damage. The salvage
certificate issued under | ||||||
| 23 | this
Section shall indicate the word "flood", and the word | ||||||
| 24 | "flood" shall be
conspicuously entered on subsequent | ||||||
| 25 | titles for the vehicle. A person who
possesses or acquires | ||||||
| 26 | a flood vehicle that is not damaged in excess of 33 1/3%
of | ||||||
| |||||||
| |||||||
| 1 | its fair market value shall make application for title in | ||||||
| 2 | accordance with
Section 3-116 of this Code, designating the | ||||||
| 3 | vehicle as "flood" in a manner
prescribed by the Secretary | ||||||
| 4 | of State. The certificate of title issued shall
indicate | ||||||
| 5 | the word "flood", and the word "flood" shall be | ||||||
| 6 | conspicuously entered
on subsequent titles for the | ||||||
| 7 | vehicle.
| ||||||
| 8 | (6) When any licensed rebuilder, repairer, new or used | ||||||
| 9 | vehicle dealer, or remittance agent has submitted an | ||||||
| 10 | application for title to a vehicle (other than an | ||||||
| 11 | application for title to a rebuilt vehicle) that he or she | ||||||
| 12 | knows or reasonably should have known to have sustained | ||||||
| 13 | damages in excess of 33 1/3% of the vehicle's fair market | ||||||
| 14 | value without that damage; provided, however, that any | ||||||
| 15 | application for a salvage certificate for a vehicle | ||||||
| 16 | recovered from theft and acquired from an insurance company | ||||||
| 17 | shall be made as required by paragraph (1) of this | ||||||
| 18 | subsection (b). | ||||||
| 19 | (c) Any person who without authority acquires, sells, | ||||||
| 20 | exchanges, gives
away, transfers or destroys or offers to | ||||||
| 21 | acquire, sell, exchange, give
away, transfer or destroy the | ||||||
| 22 | certificate of title to any vehicle which is
a junk or salvage | ||||||
| 23 | vehicle shall be guilty of a Class 3 felony.
| ||||||
| 24 | (d) Except as provided under subsection (a), any person who | ||||||
| 25 | knowingly fails to surrender to the Secretary of State a
| ||||||
| 26 | certificate of title, salvage certificate, certificate of | ||||||
| |||||||
| |||||||
| 1 | purchase or a
similarly acceptable out-of-state document of | ||||||
| 2 | ownership as required under
the provisions of this Section is | ||||||
| 3 | guilty of a Class A misdemeanor for a
first offense and a Class | ||||||
| 4 | 4 felony for a subsequent offense; except that a
person | ||||||
| 5 | licensed under this Code who violates paragraph (5) of | ||||||
| 6 | subsection (b)
of this Section is
guilty of a business offense | ||||||
| 7 | and shall be fined not less than $1,000 nor more
than $5,000 | ||||||
| 8 | for a first offense and is guilty of a Class 4 felony
for a | ||||||
| 9 | second or subsequent violation.
| ||||||
| 10 | (e) Any vehicle which is salvage or junk may not be driven | ||||||
| 11 | or operated
on roads and highways within this State. A | ||||||
| 12 | violation of this subsection is
a Class A misdemeanor. A | ||||||
| 13 | salvage vehicle displaying valid special plates
issued under | ||||||
| 14 | Section 3-601(b) of this Code, which is being driven to or
from | ||||||
| 15 | an inspection conducted under Section 3-308 of this Code, is | ||||||
| 16 | exempt
from the provisions of this subsection. A salvage | ||||||
| 17 | vehicle for which a
short term permit has been issued under | ||||||
| 18 | Section 3-307 of this Code is
exempt from the provisions of | ||||||
| 19 | this subsection for the duration of the permit.
| ||||||
| 20 | (Source: P.A. 100-104, eff. 11-9-17; 100-956, eff. 1-1-19; | ||||||
| 21 | 100-1083, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 22 | (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
| ||||||
| 23 | Sec. 3-405. Application for registration.
| ||||||
| 24 | (a) Every owner of a vehicle subject to registration under | ||||||
| 25 | this Code shall
make application to the Secretary of State for | ||||||
| |||||||
| |||||||
| 1 | the registration of such
vehicle upon the appropriate form or | ||||||
| 2 | forms furnished by the Secretary.
Every such application shall | ||||||
| 3 | bear the signature of the owner
written with pen and ink and | ||||||
| 4 | contain:
| ||||||
| 5 | 1. The name, domicile address, as defined in Section | ||||||
| 6 | 1-115.5 of this Code, (except as otherwise provided in this
| ||||||
| 7 | paragraph 1), mail address of the owner or
business address | ||||||
| 8 | of the owner if a firm, association, or corporation, and, | ||||||
| 9 | if available, email address of the owner. If
the mailing | ||||||
| 10 | address is a post office box number, the address listed on | ||||||
| 11 | the
driver license record may be used to verify residence.
| ||||||
| 12 | A police officer, a deputy sheriff, an elected sheriff, a | ||||||
| 13 | law enforcement
officer for the Illinois Department of | ||||||
| 14 | State Police, a fire investigator, a state's attorney, an | ||||||
| 15 | assistant state's attorney, a state's attorney special | ||||||
| 16 | investigator, or a judicial officer may elect to
furnish
| ||||||
| 17 | the address of the headquarters of the governmental entity, | ||||||
| 18 | police district, or business address
where he or she
works | ||||||
| 19 | instead of his or her domicile address, in which case that | ||||||
| 20 | address shall
be deemed to be his or her domicile address | ||||||
| 21 | for all purposes under this
Chapter 3.
The spouse and | ||||||
| 22 | children of a person who may elect under this paragraph 1 | ||||||
| 23 | to
furnish the address of the headquarters of the | ||||||
| 24 | government entity, police
district, or business address | ||||||
| 25 | where the person works instead of the person's domicile | ||||||
| 26 | address may,
if they reside with that person, also elect to | ||||||
| |||||||
| |||||||
| 1 | furnish the address of the
headquarters of the government | ||||||
| 2 | entity, police district, or business address where the | ||||||
| 3 | person works
as their domicile address, in which case that | ||||||
| 4 | address shall be deemed to be
their domicile address for | ||||||
| 5 | all purposes under this Chapter 3.
In this paragraph 1: (A)
| ||||||
| 6 | "police officer" has the meaning ascribed to "policeman" in | ||||||
| 7 | Section 10-3-1 of
the Illinois Municipal Code; (B) "deputy | ||||||
| 8 | sheriff" means a deputy sheriff
appointed under Section | ||||||
| 9 | 3-6008 of the Counties Code; (C) "elected sheriff"
means a | ||||||
| 10 | sheriff commissioned pursuant to Section 3-6001 of the | ||||||
| 11 | Counties Code;
(D) "fire
investigator" means a person | ||||||
| 12 | classified as a peace officer under the Peace
Officer Fire | ||||||
| 13 | Investigation Act; (E) "state's attorney", "assistant | ||||||
| 14 | state's attorney", and "state's attorney special | ||||||
| 15 | investigator" mean a state's attorney, assistant state's | ||||||
| 16 | attorney, and state's attorney special investigator | ||||||
| 17 | commissioned or appointed under Division 3-9 of the | ||||||
| 18 | Counties Code; and (F) "judicial officer" has the meaning | ||||||
| 19 | ascribed to it in Section 1-10 of the Judicial Privacy Act.
| ||||||
| 20 | 2. A description of the vehicle, including such | ||||||
| 21 | information as is
required in an application for a | ||||||
| 22 | certificate of title, determined under such
standard | ||||||
| 23 | rating as may be prescribed by the Secretary.
| ||||||
| 24 | 3. (Blank).
| ||||||
| 25 | 4. Such further information as may reasonably be | ||||||
| 26 | required by the
Secretary to enable him to determine | ||||||
| |||||||
| |||||||
| 1 | whether the vehicle is
lawfully entitled to registration | ||||||
| 2 | and the owner entitled to a certificate
of title.
| ||||||
| 3 | 5. An affirmation by the applicant that all information | ||||||
| 4 | set forth is
true and correct. If the
application is for | ||||||
| 5 | the registration of a motor vehicle, the applicant also
| ||||||
| 6 | shall affirm that the motor vehicle is insured as required | ||||||
| 7 | by this Code,
that such insurance will be maintained | ||||||
| 8 | throughout the period for which the
motor vehicle shall be | ||||||
| 9 | registered, and that neither the owner, nor any
person | ||||||
| 10 | operating the motor vehicle with the owner's permission, | ||||||
| 11 | shall
operate the motor vehicle unless the required | ||||||
| 12 | insurance is in effect. If
the person signing the | ||||||
| 13 | affirmation is not the sole owner of the vehicle,
such | ||||||
| 14 | person shall be deemed to have affirmed on behalf of all | ||||||
| 15 | the owners of
the vehicle. If the person signing the | ||||||
| 16 | affirmation is not an owner of the
vehicle, such person | ||||||
| 17 | shall be deemed to have affirmed on behalf of the
owner or | ||||||
| 18 | owners of the vehicle. The lack of signature on the | ||||||
| 19 | application
shall not in any manner exempt the owner or | ||||||
| 20 | owners from any provisions,
requirements or penalties of | ||||||
| 21 | this Code.
| ||||||
| 22 | (b) When such application refers to a new vehicle purchased | ||||||
| 23 | from a
dealer the application shall be accompanied by a | ||||||
| 24 | Manufacturer's Statement
of Origin from the dealer, and a | ||||||
| 25 | statement showing any lien retained by the
dealer.
| ||||||
| 26 | (Source: P.A. 100-145, eff. 1-1-18.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/3-416) (from Ch. 95 1/2, par. 3-416)
| ||||||
| 2 | Sec. 3-416. Notice of change of address or name.
| ||||||
| 3 | (a) Whenever any person after making application for or | ||||||
| 4 | obtaining the
registration of a vehicle shall move from the | ||||||
| 5 | address named in the
application or shown upon a registration | ||||||
| 6 | card such
person shall within 10 days thereafter notify the | ||||||
| 7 | Secretary of State of his or her old and new address.
| ||||||
| 8 | (a-5) A police officer, a deputy sheriff, an elected | ||||||
| 9 | sheriff, a law
enforcement officer for the Illinois Department | ||||||
| 10 | of State Police, or a fire investigator
who, in
accordance with | ||||||
| 11 | Section 3-405, has furnished the address of the office of the
| ||||||
| 12 | headquarters of the governmental entity or police district | ||||||
| 13 | where he or she
works instead of his or
her domicile address | ||||||
| 14 | shall, within 10 days after he or she is no longer
employed by | ||||||
| 15 | that governmental entity or police district as a police | ||||||
| 16 | officer, a
deputy sheriff, an elected sheriff, a law | ||||||
| 17 | enforcement officer for the
Illinois Department of State Police | ||||||
| 18 | or a fire investigator, notify the Secretary of
State of the | ||||||
| 19 | old address and his or
her new address. If, in accordance with | ||||||
| 20 | Section 3-405, the spouse and children
of a police
officer, | ||||||
| 21 | deputy sheriff, elected sheriff, law enforcement officer for | ||||||
| 22 | the
Illinois Department of State Police, or fire investigator | ||||||
| 23 | have furnished the address of
the office of the headquarters of | ||||||
| 24 | the governmental entity or police district
where the police | ||||||
| 25 | officer, deputy sheriff, elected sheriff, law enforcement
| ||||||
| |||||||
| |||||||
| 1 | officer for the Illinois Department of State Police, or fire | ||||||
| 2 | investigator works instead
of their domicile address, the | ||||||
| 3 | spouse and children shall notify the Secretary
of State of | ||||||
| 4 | their old address and new address within 10 days after the | ||||||
| 5 | police
officer, deputy sheriff, elected sheriff, law | ||||||
| 6 | enforcement officer for the
Illinois Department of State | ||||||
| 7 | Police, or fire investigator is no longer employed by that
| ||||||
| 8 | governmental entity or police district as a police officer, | ||||||
| 9 | deputy sheriff,
elected sheriff, law enforcement officer for | ||||||
| 10 | the Illinois Department of State Police, or
fire investigator.
| ||||||
| 11 | (b) Whenever the name of any person who has made | ||||||
| 12 | application for or
obtained the registration of a vehicle is | ||||||
| 13 | thereafter changed by marriage or
otherwise such person shall | ||||||
| 14 | within 10 days notify the Secretary of State of
such former and | ||||||
| 15 | new name.
| ||||||
| 16 | (c) In either event, any such person may obtain a corrected | ||||||
| 17 | registration
card or certificate of title upon application and | ||||||
| 18 | payment of the statutory
fee.
| ||||||
| 19 | (Source: P.A. 94-239, eff. 1-1-06; 95-207, eff. 1-1-08.)
| ||||||
| 20 | (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
| ||||||
| 21 | Sec. 4-107. Stolen, converted, recovered and unclaimed | ||||||
| 22 | vehicles.
| ||||||
| 23 | (a) Every Sheriff, Superintendent of police, Chief of | ||||||
| 24 | police or other police
officer in command of any Police | ||||||
| 25 | department in any City, Village or Town of
the State, shall, by | ||||||
| |||||||
| |||||||
| 1 | the fastest means of communications available to his law
| ||||||
| 2 | enforcement agency, immediately report to the Illinois State | ||||||
| 3 | Police, in Springfield,
Illinois, the theft or recovery of any | ||||||
| 4 | stolen or converted vehicle within
his district or | ||||||
| 5 | jurisdiction. The report shall give the date of theft,
| ||||||
| 6 | description of the vehicle including color, year of | ||||||
| 7 | manufacture,
manufacturer's trade name, manufacturer's series | ||||||
| 8 | name, body style, vehicle
identification number and license | ||||||
| 9 | registration number, including the state
in which the license | ||||||
| 10 | was issued and the year of issuance, together with the
name, | ||||||
| 11 | residence address, business address, and telephone number of | ||||||
| 12 | the
owner. The report shall be routed by the originating law | ||||||
| 13 | enforcement
agency through the Illinois State Police District | ||||||
| 14 | in which such agency is located.
| ||||||
| 15 | (b) A registered owner or a lienholder may report the theft | ||||||
| 16 | by
conversion of a vehicle, to the Illinois State Police, or | ||||||
| 17 | any other police
department or Sheriff's office. Such report | ||||||
| 18 | will be accepted as a report
of theft and processed only if a | ||||||
| 19 | formal complaint is on file and a warrant
issued.
| ||||||
| 20 | (c) An operator of a place of business for garaging, | ||||||
| 21 | repairing, parking
or storing vehicles for the public, in which | ||||||
| 22 | a vehicle remains unclaimed,
after being left for the purpose | ||||||
| 23 | of garaging, repairing, parking or storage,
for a period of 15 | ||||||
| 24 | days, shall, within 5 days after the expiration of that
period, | ||||||
| 25 | report the vehicle as unclaimed to the municipal police
when | ||||||
| 26 | the vehicle is within the corporate limits of any City, Village | ||||||
| |||||||
| |||||||
| 1 | or
incorporated Town, or the County Sheriff, or State Police | ||||||
| 2 | when the vehicle
is outside the corporate limits of a City, | ||||||
| 3 | Village or incorporated Town. This
Section does not apply to | ||||||
| 4 | any vehicle:
| ||||||
| 5 | (1) removed to a place of storage by a law
enforcement | ||||||
| 6 | agency having jurisdiction, in accordance with Sections | ||||||
| 7 | 4-201 and
4-203 of this Act; or
| ||||||
| 8 | (2) left under a garaging, repairing, parking, or | ||||||
| 9 | storage order
signed by the owner, lessor, or other legally | ||||||
| 10 | entitled person.
| ||||||
| 11 | Failure to comply with this Section will result in the
| ||||||
| 12 | forfeiture of storage fees for that vehicle involved.
| ||||||
| 13 | (d) The Illinois State Police shall keep a complete record | ||||||
| 14 | of all reports filed
under this Section of the Act. Upon | ||||||
| 15 | receipt of such report, a careful
search shall be made of the | ||||||
| 16 | records of the office of the Illinois State Police,
and where | ||||||
| 17 | it is found that a vehicle reported recovered was stolen in a
| ||||||
| 18 | County, City, Village or Town other than the County, City, | ||||||
| 19 | Village or
Town in which it is recovered, the Illinois State | ||||||
| 20 | Police shall immediately
notify the Sheriff, Superintendent of | ||||||
| 21 | police, Chief of police, or other
police officer in command of | ||||||
| 22 | the Sheriff's office or Police
department of the County, City, | ||||||
| 23 | Village or Town in which the vehicle
was originally reported | ||||||
| 24 | stolen, giving complete data as to the time
and place of | ||||||
| 25 | recovery.
| ||||||
| 26 | (e) Notification of the theft or conversion of a vehicle | ||||||
| |||||||
| |||||||
| 1 | will be
furnished to the Secretary of State by the Illinois | ||||||
| 2 | State Police. The Secretary
of State shall place the proper | ||||||
| 3 | information in the license registration and
title registration | ||||||
| 4 | files to indicate the theft or conversion of a motor
vehicle or | ||||||
| 5 | other vehicle. Notification of the recovery of a vehicle
| ||||||
| 6 | previously reported as a theft or a conversion will be | ||||||
| 7 | furnished to the
Secretary of State by the Illinois State | ||||||
| 8 | Police. The Secretary of State shall remove
the proper | ||||||
| 9 | information from the license registration and title | ||||||
| 10 | registration
files that has previously indicated the theft or | ||||||
| 11 | conversion of a vehicle.
The Secretary of State shall suspend | ||||||
| 12 | the registration of a vehicle upon
receipt of a report from the | ||||||
| 13 | Illinois State Police that such vehicle was stolen or
| ||||||
| 14 | converted.
| ||||||
| 15 | (f) When the Secretary of State receives an application for | ||||||
| 16 | a certificate
of title or an application for registration of a | ||||||
| 17 | vehicle and it is determined
from the records of the office of | ||||||
| 18 | the Secretary of State that such vehicle
has been reported | ||||||
| 19 | stolen or converted, the Secretary of State shall immediately
| ||||||
| 20 | notify the Illinois State Police or the Secretary of State | ||||||
| 21 | Department of Police and shall give the Illinois State Police | ||||||
| 22 | or the Secretary of State Department of Police the name and | ||||||
| 23 | address
of the person or firm titling or registering the | ||||||
| 24 | vehicle, together with all
other information contained in the | ||||||
| 25 | application submitted by such person or
firm. If the Secretary | ||||||
| 26 | of State Department of Police receives notification under this | ||||||
| |||||||
| |||||||
| 1 | subsection (f), it shall conduct an investigation concerning | ||||||
| 2 | the identity of the registered owner of the stolen or converted | ||||||
| 3 | vehicle.
| ||||||
| 4 | (g) During the usual course of business the manufacturer of | ||||||
| 5 | any
vehicle shall place an original manufacturer's vehicle | ||||||
| 6 | identification
number on all such vehicles manufactured and on | ||||||
| 7 | any part of such
vehicles requiring an identification number.
| ||||||
| 8 | (h) Except provided in subsection (h-1), if a | ||||||
| 9 | manufacturer's vehicle
identification number is missing
or has | ||||||
| 10 | been removed, changed or mutilated on any vehicle, or any
part | ||||||
| 11 | of such vehicle requiring an identification number, the | ||||||
| 12 | Illinois State Police or the Secretary of State Department of | ||||||
| 13 | Police
shall restore, restamp or reaffix the vehicle | ||||||
| 14 | identification number plate,
or affix a new plate bearing the | ||||||
| 15 | original manufacturer's vehicle
identification number on each | ||||||
| 16 | such vehicle and on all necessary parts of
the vehicles.
A | ||||||
| 17 | vehicle identification number so
affixed, restored,
restamped, | ||||||
| 18 | reaffixed or replaced is not falsified, altered or forged
| ||||||
| 19 | within the meaning of this Act.
| ||||||
| 20 | (h-1) A person engaged in the repair or servicing of | ||||||
| 21 | vehicles may reaffix
a
manufacturer's identification number | ||||||
| 22 | plate on the same damaged vehicle from
which it
was originally | ||||||
| 23 | removed, if the person reaffixes the original manufacturer's
| ||||||
| 24 | identification
number plate in place of the identification | ||||||
| 25 | number plate affixed on a new
dashboard that
has been installed | ||||||
| 26 | in the vehicle. The person must notify the Secretary of
State | ||||||
| |||||||
| |||||||
| 1 | each time
the original manufacturer's identification number | ||||||
| 2 | plate is reaffixed on a
vehicle. The
person must keep a record | ||||||
| 3 | indicating that the identification number plate
affixed on the
| ||||||
| 4 | new dashboard has been removed and has been replaced by the | ||||||
| 5 | manufacturer's
identification number plate originally affixed | ||||||
| 6 | on the vehicle. The person also
must keep a
record regarding | ||||||
| 7 | the status and location of the identification number plate
| ||||||
| 8 | removed from
the replacement dashboard.
The Secretary shall | ||||||
| 9 | adopt rules for implementing this subsection (h-1).
| ||||||
| 10 | (h-2) The owner of a vehicle repaired under subsection | ||||||
| 11 | (h-1) must,
within 90 days of the date of the repairs, contact | ||||||
| 12 | an officer of the Illinois
State Police Vehicle Inspection | ||||||
| 13 | Bureau and arrange for an inspection of the
vehicle, by the | ||||||
| 14 | officer or the officer's designee, at a mutually agreed upon
| ||||||
| 15 | date and location.
| ||||||
| 16 | (i) If a vehicle or part of any vehicle is found to
have | ||||||
| 17 | the manufacturer's identification number removed, altered, | ||||||
| 18 | defaced or
destroyed, the vehicle or part shall be seized by | ||||||
| 19 | any law enforcement
agency having jurisdiction and held for the | ||||||
| 20 | purpose of identification. In the
event that the manufacturer's | ||||||
| 21 | identification number of a vehicle or part
cannot be | ||||||
| 22 | identified, the vehicle or part shall be considered contraband, | ||||||
| 23 | and
no right of property shall exist in any person owning, | ||||||
| 24 | leasing or possessing
such property, unless the person owning, | ||||||
| 25 | leasing or possessing the
vehicle or part acquired such without | ||||||
| 26 | knowledge that the manufacturer's
vehicle identification | ||||||
| |||||||
| |||||||
| 1 | number has been removed, altered, defaced, falsified
or | ||||||
| 2 | destroyed.
| ||||||
| 3 | Either the seizing law enforcement agency or the State's | ||||||
| 4 | Attorney of
the county where the seizure occurred may make an | ||||||
| 5 | application for an order
of forfeiture to the circuit court in | ||||||
| 6 | the county of seizure. The
application for forfeiture shall be | ||||||
| 7 | independent from any prosecution
arising out of the seizure and | ||||||
| 8 | is not subject to any final determination of
such prosecution. | ||||||
| 9 | The circuit court shall issue an order forfeiting the
property | ||||||
| 10 | to the seizing law enforcement agency if the court finds that | ||||||
| 11 | the
property did not at the time of seizure possess a valid | ||||||
| 12 | manufacturer's
identification number and that the original | ||||||
| 13 | manufacturer's identification
number cannot be ascertained. | ||||||
| 14 | The seizing law enforcement agency may:
| ||||||
| 15 | (1) retain the forfeited property for official use; or
| ||||||
| 16 | (2) sell the forfeited property and distribute the | ||||||
| 17 | proceeds in
accordance with Section 4-211 of this Code, or | ||||||
| 18 | dispose of the forfeited
property in such manner as the law | ||||||
| 19 | enforcement agency deems appropriate.
| ||||||
| 20 | (i-1) If a motorcycle is seized under subsection (i), the | ||||||
| 21 | motorcycle
must be returned within 45 days of the date of | ||||||
| 22 | seizure to the person from whom
it was seized, unless
(i) | ||||||
| 23 | criminal charges are pending against that person or (ii) an | ||||||
| 24 | application
for
an
order of forfeiture has been submitted to | ||||||
| 25 | the circuit in the county of
seizure or (iii) the circuit court | ||||||
| 26 | in the county of seizure has received from
the seizing law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency and has granted a petition to extend, for a
| ||||||
| 2 | single 30 day period, the 45 days allowed for return of the | ||||||
| 3 | motorcycle. Except
as provided in subsection (i-2), a | ||||||
| 4 | motorcycle returned to the person from whom
it was seized must | ||||||
| 5 | be returned in essentially the same condition it was in at
the
| ||||||
| 6 | time of seizure.
| ||||||
| 7 | (i-2) If any part or parts of a motorcycle seized under | ||||||
| 8 | subsection (i) are
found to be
stolen and are removed, the | ||||||
| 9 | seizing law enforcement agency is not required to
replace the | ||||||
| 10 | part or parts before returning the motorcycle to the person | ||||||
| 11 | from
whom it
was seized.
| ||||||
| 12 | (j) The Illinois State Police or the Secretary of State | ||||||
| 13 | Department of Police shall notify the Secretary
of State
each | ||||||
| 14 | time a manufacturer's vehicle identification number is | ||||||
| 15 | affixed, reaffixed,
restored or restamped on any vehicle. The | ||||||
| 16 | Secretary of State shall make
the necessary changes or | ||||||
| 17 | corrections in his records, after the proper
applications and | ||||||
| 18 | fees have been submitted, if applicable.
| ||||||
| 19 | (k) Any vessel, vehicle or aircraft used with knowledge and | ||||||
| 20 | consent
of the owner in the commission of, or in the attempt to | ||||||
| 21 | commit as defined
in Section 8-4 of the Criminal Code of 2012, | ||||||
| 22 | an offense prohibited
by Section 4-103 of this Chapter, | ||||||
| 23 | including transporting of a stolen vehicle
or stolen vehicle | ||||||
| 24 | parts, shall be seized by any law enforcement
agency. The | ||||||
| 25 | seizing law enforcement agency may:
| ||||||
| 26 | (1) return the vehicle to its owner if such vehicle is | ||||||
| |||||||
| |||||||
| 1 | stolen; or
| ||||||
| 2 | (2) confiscate the vehicle and retain it for any | ||||||
| 3 | purpose which the law
enforcement agency deems | ||||||
| 4 | appropriate; or
| ||||||
| 5 | (3) sell the vehicle at a public sale or dispose of the | ||||||
| 6 | vehicle in such
other manner as the law enforcement agency | ||||||
| 7 | deems appropriate.
| ||||||
| 8 | If the vehicle is sold at public sale, the proceeds of the | ||||||
| 9 | sale shall be
paid to the law enforcement agency.
| ||||||
| 10 | The law enforcement agency shall not retain, sell or | ||||||
| 11 | dispose of a vehicle
under paragraphs (2) or (3) of this | ||||||
| 12 | subsection (k) except upon an order
of forfeiture issued by the | ||||||
| 13 | circuit court. The circuit court may issue
such order of | ||||||
| 14 | forfeiture upon application of the law enforcement agency
or | ||||||
| 15 | State's Attorney of the county where the law enforcement agency | ||||||
| 16 | has
jurisdiction, or in the case of the Illinois Department of | ||||||
| 17 | State Police or the
Secretary of State, upon application of the | ||||||
| 18 | Attorney General.
| ||||||
| 19 | The court shall issue the order if the owner of the vehicle | ||||||
| 20 | has been
convicted of transporting stolen vehicles or stolen | ||||||
| 21 | vehicle parts and the
evidence establishes that the owner's | ||||||
| 22 | vehicle has been used in the commission
of such offense.
| ||||||
| 23 | The provisions of subsection (k) of this Section shall not | ||||||
| 24 | apply to any
vessel, vehicle or aircraft, which has been | ||||||
| 25 | leased, rented or loaned by
its owner, if the owner did not | ||||||
| 26 | have knowledge of and consent to the use
of the vessel, vehicle | ||||||
| |||||||
| |||||||
| 1 | or aircraft in the commission of, or in an attempt
to commit, | ||||||
| 2 | an offense prohibited by Section 4-103 of this Chapter.
| ||||||
| 3 | (Source: P.A. 100-956, eff. 1-1-19.)
| ||||||
| 4 | (625 ILCS 5/4-109)
| ||||||
| 5 | Sec. 4-109. Motor Vehicle Theft Prevention Program. The | ||||||
| 6 | Secretary of
State, in conjunction with the Motor Vehicle Theft | ||||||
| 7 | Prevention and Insurance Verification Council, is
hereby | ||||||
| 8 | authorized to establish and operate a Motor Vehicle Theft | ||||||
| 9 | Prevention
Program as follows:
| ||||||
| 10 | (a) Voluntary program participation.
| ||||||
| 11 | (b) The registered owner of a motor vehicle interested in | ||||||
| 12 | participating in
the program shall sign an informed consent | ||||||
| 13 | agreement designed by the Secretary
of State under subsection | ||||||
| 14 | (e) of this Section indicating that the motor vehicle
| ||||||
| 15 | registered to him is not normally operated between the hours of | ||||||
| 16 | 1:00 a.m. and
5:00 a.m. The form and fee, if any, shall be | ||||||
| 17 | submitted to the Secretary of
State for processing.
| ||||||
| 18 | (c) Upon processing the form, the Secretary of State shall | ||||||
| 19 | issue to the
registered owner a decal. The registered owner | ||||||
| 20 | shall affix the decal in a
conspicuous place on his motor | ||||||
| 21 | vehicle as prescribed by the Secretary of State.
| ||||||
| 22 | (d) Whenever any law enforcement officer shall see a motor | ||||||
| 23 | vehicle
displaying a decal issued under the provisions of | ||||||
| 24 | subsection (c) of this
Section being operated upon the public | ||||||
| 25 | highways of this State between the
hours of 1:00 a.m. and 5:00 | ||||||
| |||||||
| |||||||
| 1 | a.m., the officer is authorized to stop that
motor vehicle and | ||||||
| 2 | to request the driver to produce a valid driver's license
and | ||||||
| 3 | motor vehicle registration card if required to be carried in | ||||||
| 4 | the
vehicle. Whenever the operator of a motor
vehicle | ||||||
| 5 | displaying a decal is unable to produce the documentation set | ||||||
| 6 | forth
in this Section, the police officer shall investigate | ||||||
| 7 | further to determine
if the person operating the motor vehicle | ||||||
| 8 | is the registered owner or has
the authorization of the owner | ||||||
| 9 | to operate the vehicle.
| ||||||
| 10 | (e) The Secretary of State, in consultation with the | ||||||
| 11 | Director of the Illinois
Department of State Police and Motor | ||||||
| 12 | Vehicle Theft Prevention and Insurance Verification Council,
| ||||||
| 13 | shall design the manner and form of the informed consent | ||||||
| 14 | agreement required
under subsection (b) of this Section and the | ||||||
| 15 | decal required under subsection
(c) of this Section.
| ||||||
| 16 | (f) The Secretary of State shall provide for the recording | ||||||
| 17 | of
registered owners of motor vehicles who participate in the | ||||||
| 18 | program. The
records shall be available to all law enforcement | ||||||
| 19 | departments, agencies,
and forces. The Secretary of State shall | ||||||
| 20 | cooperate with and assist all law
enforcement officers and | ||||||
| 21 | other agencies in tracing or examining any
questionable motor | ||||||
| 22 | vehicles in order to determine the ownership of the motor
| ||||||
| 23 | vehicles.
| ||||||
| 24 | (g) A fee not to exceed $10 may be charged for the informed | ||||||
| 25 | consent form
and decal provided under this Section. The fee, if | ||||||
| 26 | any, shall be set by the
Motor Vehicle Theft Prevention and | ||||||
| |||||||
| |||||||
| 1 | Insurance Verification Council and shall be collected by the | ||||||
| 2 | Secretary
of State and deposited into the Motor Vehicle Theft | ||||||
| 3 | Prevention and Insurance Verification Trust Fund.
| ||||||
| 4 | (h) The Secretary of State, in consultation with the | ||||||
| 5 | Director of the Illinois
Department of State Police and the | ||||||
| 6 | Motor Vehicle Theft Prevention and Insurance Verification | ||||||
| 7 | Council
shall promulgate rules and regulations to effectuate | ||||||
| 8 | the purposes of this
Section.
| ||||||
| 9 | (Source: P.A. 100-373, eff. 1-1-18.)
| ||||||
| 10 | (625 ILCS 5/4-202) (from Ch. 95 1/2, par. 4-202)
| ||||||
| 11 | Sec. 4-202.
Abandoned, lost, stolen or unclaimed vehicle | ||||||
| 12 | notification
to law enforcement agencies.
| ||||||
| 13 | When an abandoned, lost, stolen or unclaimed vehicle comes | ||||||
| 14 | into the
temporary possession or custody of a person in this | ||||||
| 15 | State, not the owner
of the vehicle, such person shall | ||||||
| 16 | immediately notify the municipal
police when the vehicle is | ||||||
| 17 | within the corporate limits of any city,
village or town having | ||||||
| 18 | a duly authorized police department, or the State
Police or the | ||||||
| 19 | county sheriff when the vehicle is outside the corporate
limits | ||||||
| 20 | of a city, village or town. Upon receipt of such notification,
| ||||||
| 21 | the municipal police, Illinois State Police or county sheriff | ||||||
| 22 | will authorize a
towing service to remove and take possession | ||||||
| 23 | of the abandoned, lost,
stolen or unclaimed vehicle. The towing | ||||||
| 24 | service will safely keep the
towed vehicle and its contents, | ||||||
| 25 | maintain a record of the tow as set
forth in Section 4-204 for | ||||||
| |||||||
| |||||||
| 1 | law enforcement agencies, until the vehicle
is claimed by the | ||||||
| 2 | owner or any other person legally entitled to
possession | ||||||
| 3 | thereof or until it is disposed of as provided in this
Chapter.
| ||||||
| 4 | (Source: P.A. 78-858.)
| ||||||
| 5 | (625 ILCS 5/4-203.5) | ||||||
| 6 | Sec. 4-203.5. Tow rotation list. | ||||||
| 7 | (a) Each law enforcement agency whose duties include the | ||||||
| 8 | patrol of highways in this State shall maintain a tow rotation | ||||||
| 9 | list which shall be used by law enforcement officers | ||||||
| 10 | authorizing the tow of a vehicle within the jurisdiction of the | ||||||
| 11 | law enforcement agency. To ensure adequate response time, a law | ||||||
| 12 | enforcement agency may maintain multiple tow rotation lists, | ||||||
| 13 | with each tow rotation list covering tows authorized in | ||||||
| 14 | different geographic locations within the jurisdiction of the | ||||||
| 15 | law enforcement agency. A towing service may be included on | ||||||
| 16 | more than one tow rotation list. | ||||||
| 17 | (b) Any towing service operating within the jurisdiction of | ||||||
| 18 | a law enforcement agency may submit an application in a form | ||||||
| 19 | and manner prescribed by the law enforcement agency for | ||||||
| 20 | inclusion on the law enforcement agency's tow rotation list. | ||||||
| 21 | The towing service does not need to be located within the | ||||||
| 22 | jurisdiction of the law enforcement agency. To be included on a | ||||||
| 23 | tow rotation list the towing service must meet the following | ||||||
| 24 | requirements: | ||||||
| 25 | (1) possess a license permitting the towing service to | ||||||
| |||||||
| |||||||
| 1 | operate in every unit of local government in the law | ||||||
| 2 | enforcement agency's jurisdiction that requires a license | ||||||
| 3 | for the operation of a towing service; | ||||||
| 4 | (2) if required by the law enforcement agency for | ||||||
| 5 | inclusion on that law enforcement agency's tow rotation | ||||||
| 6 | list, each owner of the towing service and each person | ||||||
| 7 | operating a vehicle on behalf of the towing service shall | ||||||
| 8 | submit his or her fingerprints to the Illinois Department | ||||||
| 9 | of State Police in the form and manner prescribed by the | ||||||
| 10 | Illinois Department of State Police. These fingerprints | ||||||
| 11 | should be transmitted through a live scan fingerprint | ||||||
| 12 | vendor licensed by the Department of Financial and | ||||||
| 13 | Professional Regulation. These fingerprints shall be | ||||||
| 14 | checked against the fingerprint records now and hereafter | ||||||
| 15 | filed in the Illinois Department of State Police and | ||||||
| 16 | Federal Bureau of Investigation criminal history records | ||||||
| 17 | databases. The Illinois Department of State Police shall | ||||||
| 18 | charge a fee for conducting the criminal history record | ||||||
| 19 | check, which shall be deposited in the State Police | ||||||
| 20 | Services Fund and shall not exceed the actual cost of the | ||||||
| 21 | State and national criminal history record check. The | ||||||
| 22 | Illinois Department of State Police shall furnish, | ||||||
| 23 | pursuant to positive identification, all Illinois | ||||||
| 24 | conviction information to the law enforcement agency | ||||||
| 25 | maintaining the tow rotation list and shall forward the | ||||||
| 26 | national criminal history record information to the law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency maintaining the tow rotation list. A | ||||||
| 2 | person may not own a towing service or operate a vehicle on | ||||||
| 3 | behalf of a towing service included on a tow rotation list | ||||||
| 4 | if that person has been convicted during the 5 years | ||||||
| 5 | preceding the application of a criminal offense involving | ||||||
| 6 | one or more of the following: | ||||||
| 7 | (A) bodily injury or attempt to inflict bodily | ||||||
| 8 | injury to another person; | ||||||
| 9 | (B) theft of property or attempted theft of | ||||||
| 10 | property; or | ||||||
| 11 | (C) sexual assault or attempted sexual assault of | ||||||
| 12 | any kind; | ||||||
| 13 | (3) each person operating a vehicle on behalf of the | ||||||
| 14 | towing service must be classified for the type of towing | ||||||
| 15 | operation he or she shall be performing and the vehicle he | ||||||
| 16 | or she shall be operating; | ||||||
| 17 | (4) possess and maintain the following insurance in | ||||||
| 18 | addition to any other insurance required by law: | ||||||
| 19 | (A) comprehensive automobile liability insurance | ||||||
| 20 | with a minimum combined single limit coverage of | ||||||
| 21 | $1,000,000; | ||||||
| 22 | (B) commercial general liability insurance with | ||||||
| 23 | limits of not less than $1,000,000 per occurrence, | ||||||
| 24 | $100,000 minimum garage keepers legal liability | ||||||
| 25 | insurance, and $100,000 minimum on-hook coverage or | ||||||
| 26 | cargo insurance; and | ||||||
| |||||||
| |||||||
| 1 | (C) a worker's compensation policy covering every | ||||||
| 2 | person operating a tow truck on behalf of the towing | ||||||
| 3 | service, if required under current law; | ||||||
| 4 | (5) possess a secure parking lot used for short-term | ||||||
| 5 | vehicle storage after a vehicle is towed that is open | ||||||
| 6 | during business hours and is equipped with security | ||||||
| 7 | features as required by the law enforcement agency; | ||||||
| 8 | (6) utilize only vehicles that possess a valid vehicle | ||||||
| 9 | registration, display a valid Illinois license plate in | ||||||
| 10 | accordance with Section 5-202 of this Code, and comply with | ||||||
| 11 | the weight requirements of this Code; | ||||||
| 12 | (7) every person operating a towing or recovery vehicle | ||||||
| 13 | on behalf of the towing service must have completed a | ||||||
| 14 | Traffic Incident Management Training Program approved by | ||||||
| 15 | the Department of Transportation; | ||||||
| 16 | (8) hold a valid authority issued to it by the Illinois | ||||||
| 17 | Commerce Commission; | ||||||
| 18 | (9) comply with all other applicable federal, State, | ||||||
| 19 | and local laws; and | ||||||
| 20 | (10) comply with any additional requirements the | ||||||
| 21 | applicable law enforcement agency deems necessary. | ||||||
| 22 | The law enforcement agency may select which towing services | ||||||
| 23 | meeting the requirements of this subsection (b) shall be | ||||||
| 24 | included on a tow rotation list. The law enforcement agency may | ||||||
| 25 | choose to have only one towing service on its tow rotation | ||||||
| 26 | list. Complaints regarding the process for inclusion on a tow | ||||||
| |||||||
| |||||||
| 1 | rotation list or the use of a tow rotation list may be referred | ||||||
| 2 | in writing to the head of the law enforcement agency | ||||||
| 3 | administering that tow rotation list. The head of the law | ||||||
| 4 | enforcement agency shall make the final determination as to | ||||||
| 5 | which qualified towing services shall be included on a tow | ||||||
| 6 | rotation list, and shall not be held liable for the exclusion | ||||||
| 7 | of any towing service from a tow rotation list. | ||||||
| 8 | (c) Whenever a law enforcement officer initiates a tow of a | ||||||
| 9 | vehicle, the officer shall contact his or her law enforcement | ||||||
| 10 | agency and inform the agency that a tow has been authorized. | ||||||
| 11 | The law enforcement agency shall then select a towing service | ||||||
| 12 | from the law enforcement agency's tow rotation list | ||||||
| 13 | corresponding to the geographical area where the tow was | ||||||
| 14 | authorized, and shall contact that towing service directly by | ||||||
| 15 | phone, computer, or similar means. Towing services shall be | ||||||
| 16 | contacted in the order listed on the appropriate tow rotation | ||||||
| 17 | list, at which point the towing service shall be placed at the | ||||||
| 18 | end of that tow rotation list. In the event a listed towing | ||||||
| 19 | service is not available, the next listed towing service on | ||||||
| 20 | that tow rotation list shall be contacted. | ||||||
| 21 | (d) A law enforcement agency may deviate from the order | ||||||
| 22 | listed on a tow rotation list if the towing service next on | ||||||
| 23 | that tow rotation list is, in the judgment of the authorizing | ||||||
| 24 | officer or the law enforcement agency making the selection, | ||||||
| 25 | incapable of or not properly equipped for handling a specific | ||||||
| 26 | task related to the tow that requires special skills or | ||||||
| |||||||
| |||||||
| 1 | equipment. A deviation from the order listed on the tow | ||||||
| 2 | rotation list for this reason shall not cause a loss of | ||||||
| 3 | rotation turn by the towing service determined to be incapable | ||||||
| 4 | or not properly equipped for handling the request. | ||||||
| 5 | (e) In the event of an emergency a law enforcement officer | ||||||
| 6 | or agency, taking into account the safety and location of the | ||||||
| 7 | situation, may deviate from the order of the tow rotation list | ||||||
| 8 | and obtain towing service from any source deemed appropriate. | ||||||
| 9 | (f) If the owner or operator of a disabled vehicle is | ||||||
| 10 | present at the scene of the disabled vehicle, is not under | ||||||
| 11 | arrest, and does not abandon his or her vehicle, and in the law | ||||||
| 12 | enforcement officer's opinion the disabled vehicle is not | ||||||
| 13 | impeding or obstructing traffic, illegally parked, or posing a | ||||||
| 14 | security or safety risk, the law enforcement officer shall | ||||||
| 15 | allow the owner of the vehicle to specify a towing service to | ||||||
| 16 | relocate the disabled vehicle. If the owner chooses not to | ||||||
| 17 | specify a towing service, the law enforcement agency shall | ||||||
| 18 | select a towing service for the vehicle as provided in | ||||||
| 19 | subsection (c) of this Section. | ||||||
| 20 | (g) If a tow operator is present or arrives where a tow is | ||||||
| 21 | needed and it has not been requested by the law enforcement | ||||||
| 22 | agency or the owner or operator, the law enforcement officer, | ||||||
| 23 | unless acting under Section 11-1431 of this Code, shall advise | ||||||
| 24 | the tow operator to leave the scene. | ||||||
| 25 | (h) Nothing contained in this Section shall apply to a law | ||||||
| 26 | enforcement agency having jurisdiction solely over a | ||||||
| |||||||
| |||||||
| 1 | municipality with a population over 1,000,000.
| ||||||
| 2 | (Source: P.A. 99-438, eff. 1-1-16.)
| ||||||
| 3 | (625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
| ||||||
| 4 | Sec. 4-205. Record searches.
| ||||||
| 5 | (a) When a law enforcement agency authorizing the | ||||||
| 6 | impounding of a vehicle
does not know the identity of the | ||||||
| 7 | registered owner, lienholder or other legally
entitled person, | ||||||
| 8 | that law enforcement agency will cause the vehicle
registration | ||||||
| 9 | records of the State of Illinois to be searched by the
| ||||||
| 10 | Secretary of State for the purpose of obtaining the required | ||||||
| 11 | ownership
information.
| ||||||
| 12 | (b) The law enforcement agency authorizing the impounding | ||||||
| 13 | of a vehicle
will cause the stolen motor vehicle files of the | ||||||
| 14 | Illinois State Police to be
searched by a directed | ||||||
| 15 | communication to the Illinois State Police for stolen or
wanted | ||||||
| 16 | information on the vehicle. When the Illinois State Police | ||||||
| 17 | files are
searched with negative results, the information | ||||||
| 18 | contained in the
National Crime Information Center (NCIC) files | ||||||
| 19 | will be searched by the Illinois
State Police. The information | ||||||
| 20 | determined from these record searches will
be returned to the | ||||||
| 21 | requesting law enforcement agency for that agency's
use in | ||||||
| 22 | sending a notification by certified mail to the registered | ||||||
| 23 | owner,
lienholder and other legally entitled persons advising | ||||||
| 24 | where the vehicle
is held, requesting a disposition be made and | ||||||
| 25 | setting forth public sale
information. Notification shall be | ||||||
| |||||||
| |||||||
| 1 | sent no later than 10 business days after
the date the law | ||||||
| 2 | enforcement agency impounds or authorizes the impounding of a
| ||||||
| 3 | vehicle, provided that if the law enforcement agency is unable | ||||||
| 4 | to determine the
identity of the registered owner, lienholder | ||||||
| 5 | or other person legally entitled
to ownership of the impounded | ||||||
| 6 | vehicle within a 10 business day period after
impoundment, then | ||||||
| 7 | notification shall be sent no later than 2 days after the
date | ||||||
| 8 | the identity of the registered owner, lienholder or other | ||||||
| 9 | person legally
entitled to ownership of the impounded vehicle | ||||||
| 10 | is determined. Exceptions to a
notification by certified mail | ||||||
| 11 | to the registered owner, lienholder and other
legally entitled | ||||||
| 12 | persons are set forth in Section 4-209 of this Code.
| ||||||
| 13 | (c) When ownership information is needed for a
towing | ||||||
| 14 | service to give notification as required under this Code, the | ||||||
| 15 | towing
service may cause the vehicle registration records of | ||||||
| 16 | the State of Illinois to
be searched by the Secretary of State, | ||||||
| 17 | and in such case, the towing service also shall give notice to | ||||||
| 18 | all lienholders of record within the time period required for | ||||||
| 19 | such other notices.
| ||||||
| 20 | The written request of a towing service, in the form and
| ||||||
| 21 | containing the information prescribed by the Secretary of State | ||||||
| 22 | by rule, may be
transmitted to the Secretary of State in | ||||||
| 23 | person, by U.S.
mail or other delivery service, by facsimile | ||||||
| 24 | transmission, or by other
means the Secretary of State deems | ||||||
| 25 | acceptable.
| ||||||
| 26 | The Secretary of State shall provide the required | ||||||
| |||||||
| |||||||
| 1 | information, or
a statement that the information was not found | ||||||
| 2 | in the vehicle registration
records of the State, by U.S. mail | ||||||
| 3 | or other delivery service, facsimile
transmission, as | ||||||
| 4 | requested by the towing service, or by other means acceptable
| ||||||
| 5 | to the Secretary of State.
| ||||||
| 6 | (d) The Secretary of State may prescribe standards and | ||||||
| 7 | procedures for
submission of requests for record searches and | ||||||
| 8 | replies via computer link.
| ||||||
| 9 | (e) Fees for services provided under this Section shall be | ||||||
| 10 | in amounts
prescribed by the Secretary of State under Section | ||||||
| 11 | 3-821.1 of this Code.
Payment may be made by the towing service | ||||||
| 12 | using cash, any commonly accepted
credit card, or any other | ||||||
| 13 | means of payment deemed acceptable by the Secretary
of State.
| ||||||
| 14 | (Source: P.A. 95-838, eff. 8-15-08.)
| ||||||
| 15 | (625 ILCS 5/4-206) (from Ch. 95 1/2, par. 4-206)
| ||||||
| 16 | Sec. 4-206.
Identifying and tracing of vehicle ownership by | ||||||
| 17 | Illinois
State Police.
When the registered owner, lienholder or | ||||||
| 18 | other person legally entitled to the
possession of a vehicle | ||||||
| 19 | cannot be identified from the registration files
of this State | ||||||
| 20 | or from the registration files of a foreign state, if
| ||||||
| 21 | applicable, the law enforcement agency having custody of the | ||||||
| 22 | vehicle
shall notify the Illinois State Police, for the purpose | ||||||
| 23 | of identifying the
vehicle owner or other person legally | ||||||
| 24 | entitled to the possession of the
vehicle. The information | ||||||
| 25 | obtained by the Illinois State Police will be
immediately | ||||||
| |||||||
| |||||||
| 1 | forwarded to the law enforcement agency having custody of
the | ||||||
| 2 | vehicle for notification purposes as set forth in Section
4-205 | ||||||
| 3 | of this Code.
| ||||||
| 4 | (Source: P.A. 82-363.)
| ||||||
| 5 | (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
| ||||||
| 6 | Sec. 4-209. Disposal of unclaimed vehicles more than 7 | ||||||
| 7 | years of age;
disposal of abandoned or unclaimed vehicles | ||||||
| 8 | without notice. | ||||||
| 9 | (a) When the identity of the registered owner, lienholder, | ||||||
| 10 | or
other legally entitled persons of an abandoned, lost, or | ||||||
| 11 | unclaimed
vehicle of 7 years of age or newer cannot be | ||||||
| 12 | determined by any means
provided for in this Chapter, the | ||||||
| 13 | vehicle may be sold as provided in
Section 4-208 without notice | ||||||
| 14 | to any person whose identity cannot be determined.
| ||||||
| 15 | (b) When an abandoned vehicle of more than 7 years of age | ||||||
| 16 | is
impounded as specified by this Chapter, or when any such | ||||||
| 17 | vehicle is towed at
the request or with the consent of the | ||||||
| 18 | owner or operator and is subsequently
abandoned, it will be | ||||||
| 19 | kept in custody or storage for a
minimum of 10 days for the | ||||||
| 20 | purpose of determining the identity of the
registered owner, | ||||||
| 21 | lienholder, or other legally entitled persons
and contacting | ||||||
| 22 | the registered owner, lienholder, or other legally entitled
| ||||||
| 23 | persons by the U. S. Mail, public service or
in person for a | ||||||
| 24 | determination of disposition; and, an examination of the | ||||||
| 25 | Illinois
State Police stolen vehicle files for theft and wanted | ||||||
| |||||||
| |||||||
| 1 | information. At
the expiration of the 10 day period, without | ||||||
| 2 | the benefit of disposition
information being received from the | ||||||
| 3 | registered owner,
lienholder, or other legally entitled | ||||||
| 4 | persons, the vehicle may be disposed of
in either of the | ||||||
| 5 | following ways:
| ||||||
| 6 | (1) The law enforcement agency having jurisdiction | ||||||
| 7 | will authorize the
disposal of the vehicle as junk or | ||||||
| 8 | salvage.
| ||||||
| 9 | (2) The towing service may sell the vehicle in the | ||||||
| 10 | manner provided in
Section 4-208 of this Code, provided | ||||||
| 11 | that this paragraph (2) shall not apply to
vehicles towed | ||||||
| 12 | by order or authorization of a law enforcement agency.
| ||||||
| 13 | (c) A vehicle classified as an antique vehicle, | ||||||
| 14 | expanded-use antique vehicle, custom vehicle, or
street rod may | ||||||
| 15 | however be sold
to a person desiring to restore it.
| ||||||
| 16 | (Source: P.A. 97-412, eff. 1-1-12.)
| ||||||
| 17 | (625 ILCS 5/4-302) (from Ch. 95 1/2, par. 4-302)
| ||||||
| 18 | Sec. 4-302. Vehicle Recycling Board. There is hereby | ||||||
| 19 | created the Vehicle Recycling Board of the State of
Illinois | ||||||
| 20 | composed of the
Secretary of Transportation, the Director
of | ||||||
| 21 | the Illinois State Police, the Director of Public Health,
the | ||||||
| 22 | Director of the Environmental
Protection Agency, the | ||||||
| 23 | Superintendent of State Troopers or their
designated | ||||||
| 24 | representatives. The Governor shall designate the Chairman and
| ||||||
| 25 | Secretary of the Board.
| ||||||
| |||||||
| |||||||
| 1 | The Board shall appoint an advisory committee, of no less | ||||||
| 2 | than 10 members,
to include an official representative of the | ||||||
| 3 | Office of the Secretary of
State as designated by the | ||||||
| 4 | Secretary; and other appropriate representatives
from such | ||||||
| 5 | sources as: statewide associations of city, county and township
| ||||||
| 6 | governing bodies; knowledgeable successful leaders from the | ||||||
| 7 | auto recycling
private sector; the State associations of chiefs | ||||||
| 8 | of police, county sheriffs,
police officers; and State agencies | ||||||
| 9 | having a direct or indirect relationship
with vehicle | ||||||
| 10 | recycling.
| ||||||
| 11 | (Source: P.A. 84-25.)
| ||||||
| 12 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||||||
| 13 | Sec. 5-102. Used vehicle dealers must be licensed.
| ||||||
| 14 | (a) No person, other than a licensed new vehicle dealer, | ||||||
| 15 | shall engage in
the business of selling or dealing in, on | ||||||
| 16 | consignment or otherwise, 5 or
more used vehicles of any make | ||||||
| 17 | during the year (except house trailers as
authorized by | ||||||
| 18 | paragraph (j) of this Section and rebuilt salvage vehicles
sold | ||||||
| 19 | by their rebuilders to persons licensed under this Chapter), or | ||||||
| 20 | act as
an intermediary, agent or broker for any licensed dealer | ||||||
| 21 | or vehicle
purchaser (other than as a salesperson) or represent | ||||||
| 22 | or advertise that he
is so engaged or intends to so engage in | ||||||
| 23 | such business unless licensed to
do so by the Secretary of | ||||||
| 24 | State under the provisions of this Section.
| ||||||
| 25 | (b) An application for a used vehicle dealer's license | ||||||
| |||||||
| |||||||
| 1 | shall be
filed with the Secretary of State, duly verified by | ||||||
| 2 | oath, in such form
as the Secretary of State may by rule or | ||||||
| 3 | regulation prescribe and shall
contain:
| ||||||
| 4 | 1. The name and type of business organization | ||||||
| 5 | established and additional
places of business, if any, in | ||||||
| 6 | this State.
| ||||||
| 7 | 2. If the applicant is a corporation, a list of its | ||||||
| 8 | officers,
directors, and shareholders having a ten percent | ||||||
| 9 | or greater ownership
interest in the corporation, setting | ||||||
| 10 | forth the residence address of
each; if the applicant is a | ||||||
| 11 | sole proprietorship, a partnership, an
unincorporated | ||||||
| 12 | association, a trust, or any similar form of business
| ||||||
| 13 | organization, the names and residence address of the | ||||||
| 14 | proprietor or of
each partner, member, officer, director, | ||||||
| 15 | trustee or manager.
| ||||||
| 16 | 3. A statement that the applicant has been approved for | ||||||
| 17 | registration
under the Retailers' Occupation Tax Act by the | ||||||
| 18 | Department of Revenue. However,
this requirement does not | ||||||
| 19 | apply to a dealer who is already licensed
hereunder with | ||||||
| 20 | the Secretary of State, and who is merely applying for a
| ||||||
| 21 | renewal of his license. As evidence of this fact, the | ||||||
| 22 | application shall be
accompanied by a certification from | ||||||
| 23 | the Department of Revenue showing that
the Department has | ||||||
| 24 | approved the applicant for registration under the
| ||||||
| 25 | Retailers' Occupation Tax Act.
| ||||||
| 26 | 4. A statement that the applicant has complied with the | ||||||
| |||||||
| |||||||
| 1 | appropriate
liability insurance requirement. A Certificate | ||||||
| 2 | of Insurance in a solvent
company authorized to do business | ||||||
| 3 | in the State of Illinois shall be included
with each | ||||||
| 4 | application covering each location at which he proposes to | ||||||
| 5 | act
as a used vehicle dealer. The policy must provide | ||||||
| 6 | liability coverage in
the minimum amounts of $100,000 for | ||||||
| 7 | bodily injury to, or death of, any person,
$300,000 for | ||||||
| 8 | bodily injury to, or death of, two or more persons in any | ||||||
| 9 | one
accident, and $50,000 for damage to property. Such | ||||||
| 10 | policy shall expire
not sooner than December 31 of the year | ||||||
| 11 | for which the license was issued
or renewed. The expiration | ||||||
| 12 | of the insurance policy shall not terminate
the liability | ||||||
| 13 | under the policy arising during the period for which the | ||||||
| 14 | policy
was filed. Trailer and mobile home dealers are | ||||||
| 15 | exempt from this requirement.
| ||||||
| 16 | If the permitted user has a liability insurance policy | ||||||
| 17 | that provides
automobile
liability insurance coverage of | ||||||
| 18 | at least $100,000 for bodily injury to or the
death of any
| ||||||
| 19 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
| 20 | or more persons in
any one
accident, and $50,000 for damage | ||||||
| 21 | to property,
then the permitted user's insurer shall be the | ||||||
| 22 | primary
insurer and the
dealer's insurer shall be the | ||||||
| 23 | secondary insurer. If the permitted user does not
have a | ||||||
| 24 | liability
insurance policy that provides automobile | ||||||
| 25 | liability insurance coverage of at
least
$100,000 for | ||||||
| 26 | bodily injury to or the death of any person, $300,000 for | ||||||
| |||||||
| |||||||
| 1 | bodily
injury to or
the death of any 2 or more persons in | ||||||
| 2 | any one accident, and $50,000 for damage
to
property, or | ||||||
| 3 | does not have any insurance at all,
then the
dealer's
| ||||||
| 4 | insurer shall be the primary insurer and the permitted | ||||||
| 5 | user's insurer shall be
the secondary
insurer.
| ||||||
| 6 | When a permitted user is "test driving" a used vehicle | ||||||
| 7 | dealer's automobile,
the used vehicle dealer's insurance | ||||||
| 8 | shall be primary and the permitted user's
insurance shall | ||||||
| 9 | be secondary.
| ||||||
| 10 | As used in this paragraph 4, a "permitted user" is a | ||||||
| 11 | person who, with the
permission of the used vehicle dealer | ||||||
| 12 | or an employee of the used vehicle
dealer, drives a vehicle | ||||||
| 13 | owned and held for sale or lease by the used vehicle
dealer | ||||||
| 14 | which the person is considering to purchase or lease, in | ||||||
| 15 | order to
evaluate the performance, reliability, or | ||||||
| 16 | condition of the vehicle.
The term "permitted user" also | ||||||
| 17 | includes a person who, with the permission of
the used
| ||||||
| 18 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
| 19 | lease by the used
vehicle dealer
for loaner purposes while | ||||||
| 20 | the user's vehicle is being repaired or evaluated.
| ||||||
| 21 | As used in this paragraph 4, "test driving" occurs when | ||||||
| 22 | a permitted user
who,
with the permission of the used | ||||||
| 23 | vehicle dealer or an employee of the used
vehicle
dealer, | ||||||
| 24 | drives a vehicle owned and held for sale or lease by a used | ||||||
| 25 | vehicle
dealer that the person is considering to purchase | ||||||
| 26 | or lease, in order to
evaluate the performance, | ||||||
| |||||||
| |||||||
| 1 | reliability, or condition of the
vehicle.
| ||||||
| 2 | As used in this paragraph 4, "loaner purposes" means | ||||||
| 3 | when a person who,
with the permission of the used vehicle | ||||||
| 4 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
| 5 | the used vehicle dealer while the
user's vehicle is being | ||||||
| 6 | repaired or evaluated.
| ||||||
| 7 | 5. An application for a used vehicle dealer's license | ||||||
| 8 | shall be
accompanied by the following license fees:
| ||||||
| 9 | (A) $1,000 for applicant's established place of | ||||||
| 10 | business, and
$50 for
each additional place of | ||||||
| 11 | business, if any, to which the application
pertains; | ||||||
| 12 | however, if the application is made after June 15 of | ||||||
| 13 | any
year, the license fee shall be $500 for applicant's | ||||||
| 14 | established
place of
business plus $25 for each | ||||||
| 15 | additional place of business, if any,
to
which the | ||||||
| 16 | application pertains. License fees shall be returnable | ||||||
| 17 | only in
the event that the application is denied by
the | ||||||
| 18 | Secretary of State. Of the money received by the | ||||||
| 19 | Secretary of State as
license fees under this | ||||||
| 20 | subparagraph (A) for the 2004 licensing year and | ||||||
| 21 | thereafter, 95%
shall be deposited into the General | ||||||
| 22 | Revenue Fund.
| ||||||
| 23 | (B) Except for dealers selling 25 or fewer | ||||||
| 24 | automobiles or as provided in subsection (h) of Section | ||||||
| 25 | 5-102.7 of this Code, an Annual Dealer Recovery Fund | ||||||
| 26 | Fee in the amount of $500 for the applicant's | ||||||
| |||||||
| |||||||
| 1 | established place of business, and $50 for each | ||||||
| 2 | additional place of business, if any, to which the | ||||||
| 3 | application pertains; but if the application is made | ||||||
| 4 | after June 15 of any year, the fee shall be $250 for | ||||||
| 5 | the applicant's established place of business plus $25 | ||||||
| 6 | for each additional place of business, if any, to which | ||||||
| 7 | the application pertains. For a license renewal | ||||||
| 8 | application, the fee shall be based on the amount of | ||||||
| 9 | automobiles sold in the past year according to the | ||||||
| 10 | following formula: | ||||||
| 11 | (1) $0 for dealers selling 25 or less | ||||||
| 12 | automobiles; | ||||||
| 13 | (2) $150 for dealers selling more than 25 but | ||||||
| 14 | less than 200 automobiles; | ||||||
| 15 | (3) $300 for dealers selling 200 or more | ||||||
| 16 | automobiles but less than 300 automobiles; and | ||||||
| 17 | (4) $500 for dealers selling 300 or more | ||||||
| 18 | automobiles. | ||||||
| 19 | License fees shall be returnable only in the event | ||||||
| 20 | that the application is denied by the Secretary of | ||||||
| 21 | State. Moneys received under this subparagraph (B) | ||||||
| 22 | shall be deposited into the Dealer Recovery Trust Fund. | ||||||
| 23 | 6. A statement that the applicant's officers, | ||||||
| 24 | directors, shareholders
having a 10% or greater ownership | ||||||
| 25 | interest therein, proprietor, partner,
member, officer, | ||||||
| 26 | director, trustee, manager or other principals in the
| ||||||
| |||||||
| |||||||
| 1 | business have not committed in the past 3 years any one | ||||||
| 2 | violation as
determined in any civil, criminal or | ||||||
| 3 | administrative proceedings of any one
of the following | ||||||
| 4 | Acts:
| ||||||
| 5 | (A) The Anti-Theft Laws of the Illinois Vehicle | ||||||
| 6 | Code;
| ||||||
| 7 | (B) The Certificate of Title Laws of the Illinois | ||||||
| 8 | Vehicle Code;
| ||||||
| 9 | (C) The Offenses against Registration and | ||||||
| 10 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
| 11 | Code;
| ||||||
| 12 | (D) The Dealers, Transporters, Wreckers and | ||||||
| 13 | Rebuilders Laws of the
Illinois Vehicle Code;
| ||||||
| 14 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
| 15 | 1961 or the Criminal Code of 2012, Criminal
Trespass to | ||||||
| 16 | Vehicles; or
| ||||||
| 17 | (F) The Retailers' Occupation Tax Act.
| ||||||
| 18 | 7. A statement that the applicant's officers, | ||||||
| 19 | directors,
shareholders having a 10% or greater ownership | ||||||
| 20 | interest therein,
proprietor, partner, member, officer, | ||||||
| 21 | director, trustee, manager or
other principals in the | ||||||
| 22 | business have not committed in any calendar year
3 or more | ||||||
| 23 | violations, as determined in any civil or criminal or
| ||||||
| 24 | administrative proceedings, of any one or more of the | ||||||
| 25 | following Acts:
| ||||||
| 26 | (A) The Consumer Finance Act;
| ||||||
| |||||||
| |||||||
| 1 | (B) The Consumer Installment Loan Act;
| ||||||
| 2 | (C) The Retail Installment Sales Act;
| ||||||
| 3 | (D) The Motor Vehicle Retail Installment Sales | ||||||
| 4 | Act;
| ||||||
| 5 | (E) The Interest Act;
| ||||||
| 6 | (F) The Illinois Wage Assignment Act;
| ||||||
| 7 | (G) Part 8 of Article XII of the Code of Civil | ||||||
| 8 | Procedure; or
| ||||||
| 9 | (H) The Consumer Fraud and Deceptive Business | ||||||
| 10 | Practices Act.
| ||||||
| 11 | 7.5. A statement that, within 10 years of application,
| ||||||
| 12 | each officer, director, shareholder having a
10% or greater | ||||||
| 13 | ownership interest therein, proprietor,
partner, member, | ||||||
| 14 | officer, director, trustee, manager, or
other principal in | ||||||
| 15 | the business of the applicant has not committed, as | ||||||
| 16 | determined
in any civil, criminal, or administrative | ||||||
| 17 | proceeding, in
any calendar year one or more
forcible | ||||||
| 18 | felonies under the Criminal Code of 1961 or the
Criminal | ||||||
| 19 | Code of 2012, or a violation of either or both Article 16 | ||||||
| 20 | or 17 of the Criminal Code of 1961 or a violation of either | ||||||
| 21 | or both Article 16 or 17 of the Criminal Code of 2012, | ||||||
| 22 | Article 29B of the Criminal Code of 1961 or the Criminal | ||||||
| 23 | Code of 2012, or a similar out-of-state offense.
For the | ||||||
| 24 | purposes of this paragraph, "forcible felony" has
the | ||||||
| 25 | meaning provided in Section 2-8 of the Criminal Code
of | ||||||
| 26 | 2012. | ||||||
| |||||||
| |||||||
| 1 | 8. A bond or Certificate of Deposit in the amount of | ||||||
| 2 | $50,000 for
each location at which the applicant intends to | ||||||
| 3 | act as a used vehicle
dealer. The bond shall be for the | ||||||
| 4 | term of the license, or its renewal, for
which application | ||||||
| 5 | is made, and shall expire not sooner than December 31 of
| ||||||
| 6 | the year for which the license was issued or renewed. The | ||||||
| 7 | bond shall run
to the People of the State of Illinois, with | ||||||
| 8 | surety by a bonding or
insurance company authorized to do | ||||||
| 9 | business in this State. It shall be
conditioned upon the | ||||||
| 10 | proper transmittal of all title and registration fees
and | ||||||
| 11 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
| 12 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
| 13 | 9. Such other information concerning the business of | ||||||
| 14 | the applicant as
the Secretary of State may by rule or | ||||||
| 15 | regulation prescribe.
| ||||||
| 16 | 10. A statement that the applicant understands Chapter | ||||||
| 17 | 1 through
Chapter 5 of this Code.
| ||||||
| 18 | 11. A copy of the certification from the prelicensing | ||||||
| 19 | education
program. | ||||||
| 20 | (c) Any change which renders no longer accurate any | ||||||
| 21 | information
contained in any application for a used vehicle | ||||||
| 22 | dealer's license shall
be amended within 30 days after the | ||||||
| 23 | occurrence of each change on such
form as the Secretary of | ||||||
| 24 | State may prescribe by rule or regulation,
accompanied by an | ||||||
| 25 | amendatory fee of $2.
| ||||||
| 26 | (d) Anything in this Chapter to the contrary | ||||||
| |||||||
| |||||||
| 1 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
| 2 | dealer unless such person
maintains an established place of | ||||||
| 3 | business as
defined in this Chapter.
| ||||||
| 4 | (e) The Secretary of State shall, within a reasonable time | ||||||
| 5 | after
receipt, examine an application submitted to him under | ||||||
| 6 | this Section.
Unless the Secretary makes a determination that | ||||||
| 7 | the application
submitted to him does not conform to this | ||||||
| 8 | Section or that grounds exist
for a denial of the application | ||||||
| 9 | under Section 5-501 of this Chapter, he
must grant the | ||||||
| 10 | applicant an original used vehicle dealer's license in
writing | ||||||
| 11 | for his established place of business and a supplemental | ||||||
| 12 | license
in writing for each additional place of business in | ||||||
| 13 | such form as he may
prescribe by rule or regulation which shall | ||||||
| 14 | include the following:
| ||||||
| 15 | 1. The name of the person licensed;
| ||||||
| 16 | 2. If a corporation, the name and address of its | ||||||
| 17 | officers or if a
sole proprietorship, a partnership, an | ||||||
| 18 | unincorporated association or any
similar form of business | ||||||
| 19 | organization, the name and address of the
proprietor or of | ||||||
| 20 | each partner, member, officer, director, trustee or
| ||||||
| 21 | manager;
| ||||||
| 22 | 3. In case of an original license, the established | ||||||
| 23 | place of business
of the licensee;
| ||||||
| 24 | 4. In the case of a supplemental license, the | ||||||
| 25 | established place of
business of the licensee and the | ||||||
| 26 | additional place of business to which such
supplemental | ||||||
| |||||||
| |||||||
| 1 | license pertains.
| ||||||
| 2 | (f) The appropriate instrument evidencing the license or a | ||||||
| 3 | certified
copy thereof, provided by the Secretary of State | ||||||
| 4 | shall be kept posted,
conspicuously, in the established place | ||||||
| 5 | of business of the licensee and
in each additional place of | ||||||
| 6 | business, if any, maintained by such
licensee.
| ||||||
| 7 | (g) Except as provided in subsection (h) of this Section, | ||||||
| 8 | all used
vehicle dealer's licenses granted under this Section | ||||||
| 9 | expire by operation
of law on December 31 of the calendar year | ||||||
| 10 | for which they are granted
unless sooner revoked or cancelled | ||||||
| 11 | under Section 5-501 of this Chapter.
| ||||||
| 12 | (h) A used vehicle dealer's license may be renewed upon | ||||||
| 13 | application
and payment of the fee required herein, and | ||||||
| 14 | submission of proof of
coverage by an approved bond under the | ||||||
| 15 | "Retailers' Occupation Tax Act"
or proof that applicant is not | ||||||
| 16 | subject to such bonding requirements, as
in the case of an | ||||||
| 17 | original license, but in case an application for the
renewal of | ||||||
| 18 | an effective license is made during the month of December,
the | ||||||
| 19 | effective license shall remain in force until the application | ||||||
| 20 | for
renewal is granted or denied by the Secretary of State.
| ||||||
| 21 | (i) All persons licensed as a used vehicle dealer are | ||||||
| 22 | required to
furnish each purchaser of a motor vehicle:
| ||||||
| 23 | 1. A certificate of title properly assigned to the | ||||||
| 24 | purchaser;
| ||||||
| 25 | 2. A statement verified under oath that all identifying | ||||||
| 26 | numbers on
the vehicle agree with those on the certificate | ||||||
| |||||||
| |||||||
| 1 | of title;
| ||||||
| 2 | 3. A bill of sale properly executed on behalf of such | ||||||
| 3 | person;
| ||||||
| 4 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
| 5 | return
referred to in Section 5-402 of this Chapter;
| ||||||
| 6 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
| 7 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
| 8 | 6. In the case of a vehicle for which the warranty has | ||||||
| 9 | been reinstated, a
copy of the warranty.
| ||||||
| 10 | (j) A real estate broker holding a valid certificate of | ||||||
| 11 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
| 12 | Salesmen License Act" may engage
in the business of selling or | ||||||
| 13 | dealing in house trailers not his own without
being licensed as | ||||||
| 14 | a used vehicle dealer under this Section; however such
broker | ||||||
| 15 | shall maintain a record of the transaction including the | ||||||
| 16 | following:
| ||||||
| 17 | (1) the name and address of the buyer and seller,
| ||||||
| 18 | (2) the date of sale,
| ||||||
| 19 | (3) a description of the mobile home, including the | ||||||
| 20 | vehicle identification
number, make, model, and year, and
| ||||||
| 21 | (4) the Illinois certificate of title number.
| ||||||
| 22 | The foregoing records shall be available for inspection by | ||||||
| 23 | any officer
of the Secretary of State's Office at any | ||||||
| 24 | reasonable hour.
| ||||||
| 25 | (k) Except at the time of sale or repossession of the | ||||||
| 26 | vehicle, no
person licensed as a used vehicle dealer may issue | ||||||
| |||||||
| |||||||
| 1 | any other person a newly
created key to a vehicle unless the | ||||||
| 2 | used vehicle dealer makes a color photocopy or electronic scan | ||||||
| 3 | of the
driver's license or State identification card of the | ||||||
| 4 | person requesting or
obtaining the newly created key. The used | ||||||
| 5 | vehicle dealer must retain the photocopy or scan
for 30 days.
| ||||||
| 6 | A used vehicle dealer who violates this subsection (k) is | ||||||
| 7 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
| 8 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
| 9 | used vehicle dealer's license. | ||||||
| 10 | (l) Used vehicle dealers licensed under this Section shall | ||||||
| 11 | provide the Secretary of State a register for the sale at | ||||||
| 12 | auction of each salvage or junk certificate vehicle. Each | ||||||
| 13 | register shall include the following information: | ||||||
| 14 | 1. The year, make, model, style and color of the | ||||||
| 15 | vehicle; | ||||||
| 16 | 2. The vehicle's manufacturer's identification number | ||||||
| 17 | or, if applicable, the Secretary of State or Illinois | ||||||
| 18 | Department of State Police identification number; | ||||||
| 19 | 3. The date of acquisition of the vehicle; | ||||||
| 20 | 4. The name and address of the person from whom the | ||||||
| 21 | vehicle was acquired; | ||||||
| 22 | 5. The name and address of the person to whom any | ||||||
| 23 | vehicle was disposed, the person's Illinois license number | ||||||
| 24 | or if the person is an out-of-state salvage vehicle buyer, | ||||||
| 25 | the license number from the state or jurisdiction where the | ||||||
| 26 | buyer is licensed; and | ||||||
| |||||||
| |||||||
| 1 | 6. The purchase price of the vehicle. | ||||||
| 2 | The register shall be submitted to the Secretary of State | ||||||
| 3 | via written or electronic means within 10 calendar days from | ||||||
| 4 | the date of the auction.
| ||||||
| 5 | (Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19; | ||||||
| 6 | 101-505, eff. 1-1-20.)
| ||||||
| 7 | (625 ILCS 5/5-105) (from Ch. 95 1/2, par. 5-105)
| ||||||
| 8 | Sec. 5-105. Investigation of licensee required. Every | ||||||
| 9 | person seeking
a license under Chapter 5 of this Act, as part | ||||||
| 10 | of the application process,
authorizes an investigation to | ||||||
| 11 | determine if the applicant has ever been
convicted of a crime | ||||||
| 12 | and if so, the disposition of those convictions. This
| ||||||
| 13 | authorization shall indicate the scope of the inquiry and the | ||||||
| 14 | agencies which
may be contacted. Upon this authorization the | ||||||
| 15 | Secretary of State may request
and receive information and | ||||||
| 16 | assistance from any Federal, State or local
governmental agency | ||||||
| 17 | as part of the authorized investigation. The Illinois | ||||||
| 18 | Department of State Police shall provide information | ||||||
| 19 | concerning
any criminal convictions
and their disposition | ||||||
| 20 | brought against the applicant upon request of the
Secretary of | ||||||
| 21 | State when the request is made in the form and manner required
| ||||||
| 22 | by the Illinois Department of State Police. The information
| ||||||
| 23 | derived from this
investigation, including the source of
this | ||||||
| 24 | information, and any conclusions or recommendations derived | ||||||
| 25 | from this
information by the Secretary of State shall be | ||||||
| |||||||
| |||||||
| 1 | provided to the applicant
or his designee. Upon request to the | ||||||
| 2 | Secretary of State prior to any final
action by the Secretary | ||||||
| 3 | of State on the application, no information obtained
from such | ||||||
| 4 | investigation may be placed in any automated information | ||||||
| 5 | system.
Any criminal convictions and their disposition | ||||||
| 6 | information
obtained by the Secretary of State shall be | ||||||
| 7 | confidential and may not be
transmitted outside the Office of | ||||||
| 8 | the Secretary of State, except
as required herein, and may not | ||||||
| 9 | be transmitted to anyone within the Office
of the Secretary of | ||||||
| 10 | State except as needed for the purpose of evaluating
the | ||||||
| 11 | application.
All criminal convictions and their disposition | ||||||
| 12 | and information obtained
by the Division of Investigation shall | ||||||
| 13 | be destroyed no later than 60 days
after the Division of | ||||||
| 14 | Investigation has made a final ruling on the application,
and | ||||||
| 15 | all rights of appeal have expired and pending appeals have been | ||||||
| 16 | completed.
The only physical identity materials which the | ||||||
| 17 | applicant can be required
to provide the Secretary of State are | ||||||
| 18 | photographs or fingerprints. Only
information and standards | ||||||
| 19 | which bear a reasonable and rational relation
to the | ||||||
| 20 | performance of a licensee shall be used by the Secretary of | ||||||
| 21 | State.
The Secretary of State shall adopt rules and regulations | ||||||
| 22 | for the administration
of this Section. Any employee of the | ||||||
| 23 | Secretary of State who gives or causes
to be given away any | ||||||
| 24 | confidential information concerning any criminal
convictions
| ||||||
| 25 | and their disposition of an applicant shall be guilty of a | ||||||
| 26 | Class A misdemeanor.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 84-25.)
| ||||||
| 2 | (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
| ||||||
| 3 | Sec. 5-401.2. Licensees required to keep records and make | ||||||
| 4 | inspections.
| ||||||
| 5 | (a) Every person licensed or required to be licensed under | ||||||
| 6 | Section 5-101,
5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or | ||||||
| 7 | 5-302 of this Code, shall, with the exception of
scrap
| ||||||
| 8 | processors, maintain for 3 years, in a form as the Secretary of | ||||||
| 9 | State may by
rule or regulation prescribe, at his established | ||||||
| 10 | place of business, additional
place of business, or principal | ||||||
| 11 | place of business if licensed under Section
5-302, the | ||||||
| 12 | following records relating to the acquisition or disposition of
| ||||||
| 13 | vehicles and their essential parts possessed in this State, | ||||||
| 14 | brought into this
State from another state, territory or | ||||||
| 15 | country, or sold or transferred to
another person in this State | ||||||
| 16 | or in another state, territory, or country.
| ||||||
| 17 | (1) The following records pertaining to new or used | ||||||
| 18 | vehicles shall be
kept:
| ||||||
| 19 | (A) the year, make, model, style and color of the | ||||||
| 20 | vehicle;
| ||||||
| 21 | (B) the vehicle's manufacturer's identification | ||||||
| 22 | number or, if
applicable, the Secretary of State or | ||||||
| 23 | Illinois Department of State Police
identification | ||||||
| 24 | number;
| ||||||
| 25 | (C) the date of acquisition of the vehicle;
| ||||||
| |||||||
| |||||||
| 1 | (D) the name and address of the person from whom | ||||||
| 2 | the vehicle was
acquired and, if that person is a | ||||||
| 3 | dealer, the Illinois or out-of-state
dealer license | ||||||
| 4 | number of such person;
| ||||||
| 5 | (E) the signature of the person making the | ||||||
| 6 | inspection of a used vehicle
as required under | ||||||
| 7 | subsection (d) of this Section, if applicable;
| ||||||
| 8 | (F) the purchase price of the vehicle, if | ||||||
| 9 | applicable;
| ||||||
| 10 | (G) the date of the disposition of the vehicle;
| ||||||
| 11 | (H) the name and address of the person to whom any | ||||||
| 12 | vehicle was
disposed, and if that person is a dealer, | ||||||
| 13 | the Illinois
or out-of-State dealer's license number | ||||||
| 14 | of that dealer;
| ||||||
| 15 | (I) the uniform invoice number reflecting the | ||||||
| 16 | disposition of the
vehicle, if applicable; and
| ||||||
| 17 | (J) The sale price of the vehicle, if applicable.
| ||||||
| 18 | (2) (A) The following records pertaining to used | ||||||
| 19 | essential
parts other than quarter panels and | ||||||
| 20 | transmissions of vehicles of the first
division shall be | ||||||
| 21 | kept:
| ||||||
| 22 | (i) the year, make, model, color and type of such | ||||||
| 23 | part;
| ||||||
| 24 | (ii) the vehicle's manufacturer's identification | ||||||
| 25 | number, derivative
number, or, if applicable, the | ||||||
| 26 | Secretary of State or Illinois Department of
State | ||||||
| |||||||
| |||||||
| 1 | Police identification number of such part;
| ||||||
| 2 | (iii) the date of the acquisition of each part;
| ||||||
| 3 | (iv) the name and address of the person from whom | ||||||
| 4 | the part was
acquired and, if that person is a dealer, | ||||||
| 5 | the Illinois or out-of-state
dealer license number of | ||||||
| 6 | such person; if the essential part being acquired
is | ||||||
| 7 | from a person other than a dealer, the licensee shall | ||||||
| 8 | verify and record
that person's identity by recording | ||||||
| 9 | the identification numbers from at
least two sources of | ||||||
| 10 | identification, one of which shall be a drivers
license | ||||||
| 11 | or State identification card;
| ||||||
| 12 | (v) the uniform invoice number or out-of-state | ||||||
| 13 | bill of sale number
reflecting the acquisition of such | ||||||
| 14 | part;
| ||||||
| 15 | (vi) the stock number assigned to the essential | ||||||
| 16 | part by the licensee,
if applicable;
| ||||||
| 17 | (vii) the date of the disposition of such part;
| ||||||
| 18 | (viii) the name and address of the person to whom | ||||||
| 19 | such
part was disposed of and, if that person is a | ||||||
| 20 | dealer, the Illinois or
out-of-state dealer license | ||||||
| 21 | number of that person;
| ||||||
| 22 | (ix) the uniform invoice number reflecting the | ||||||
| 23 | disposition of
such part.
| ||||||
| 24 | (B) Inspections of all essential parts shall be | ||||||
| 25 | conducted in accordance
with Section 5-402.1.
| ||||||
| 26 | (C) A separate entry containing all of the information | ||||||
| |||||||
| |||||||
| 1 | required to be
recorded in subparagraph (A) of paragraph | ||||||
| 2 | (2) of subsection (a) of this
Section shall be made for | ||||||
| 3 | each separate essential part. Separate entries
shall be | ||||||
| 4 | made regardless of whether the part was a large purchase
| ||||||
| 5 | acquisition. In addition, a separate entry shall be made | ||||||
| 6 | for each part
acquired for immediate sale or transfer, or | ||||||
| 7 | for placement into the overall
inventory or stock to be | ||||||
| 8 | disposed of at a later time, or for use on a
vehicle to be | ||||||
| 9 | materially altered by the licensee, or acquired for any | ||||||
| 10 | other
purpose or reason. Failure to make a separate entry | ||||||
| 11 | for each essential part
acquired or disposed of, or a | ||||||
| 12 | failure to record any of the specific
information required | ||||||
| 13 | to be recorded concerning the acquisition or
disposition of | ||||||
| 14 | each essential part as set forth in subparagraph (A) of
| ||||||
| 15 | paragraph (2) of subsection (a) shall constitute a failure | ||||||
| 16 | to keep records.
| ||||||
| 17 | (D) The vehicle's manufacturer's identification number | ||||||
| 18 | or Secretary of
State or Illinois Department of State | ||||||
| 19 | Police identification number for the
essential part shall | ||||||
| 20 | be ascertained and recorded even if such part is
acquired | ||||||
| 21 | from a person or dealer located in a State, territory, or | ||||||
| 22 | country
which does not require that such information be | ||||||
| 23 | recorded. If the vehicle's
manufacturer's identification | ||||||
| 24 | number or Secretary of State or
Illinois Department of | ||||||
| 25 | State Police identification number for an essential part
| ||||||
| 26 | cannot be obtained, that part shall not be acquired by the | ||||||
| |||||||
| |||||||
| 1 | licensee or any of
his agents or employees. If such part or | ||||||
| 2 | parts were physically acquired by the
licensee or any of | ||||||
| 3 | his agents or employees while the licensee or
agent or | ||||||
| 4 | employee was outside this State, that licensee or agent or
| ||||||
| 5 | employee was outside the State, that licensee, agent or | ||||||
| 6 | employee shall not
bring such essential part into this | ||||||
| 7 | State or cause it to be brought into
this State. The | ||||||
| 8 | acquisition or disposition of an essential part by a
| ||||||
| 9 | licensee without the recording of the vehicle | ||||||
| 10 | identification number or
Secretary of State identification | ||||||
| 11 | number for such part or the
transportation into the State | ||||||
| 12 | by the licensee or his agent or employee of
such part or | ||||||
| 13 | parts shall constitute a failure to keep records.
| ||||||
| 14 | (E) The records of essential parts required to be kept | ||||||
| 15 | by this Section
shall apply to all hulks, chassis, frames | ||||||
| 16 | or cowls, regardless of the age
of those essential parts. | ||||||
| 17 | The records required to be kept by this Section
for | ||||||
| 18 | essential parts other than hulks, chassis, frames or cowls, | ||||||
| 19 | shall apply
only to those essential parts which are 6 model | ||||||
| 20 | years of age or newer. In
determining the model year of | ||||||
| 21 | such an essential part it may be presumed
that the | ||||||
| 22 | identification number of the vehicle from which the | ||||||
| 23 | essential part
came or the identification number affixed to | ||||||
| 24 | the essential part itself
acquired by the licensee denotes | ||||||
| 25 | the model year of that essential part.
This presumption, | ||||||
| 26 | however, shall not apply if the gross appearance of the
| ||||||
| |||||||
| |||||||
| 1 | essential part does not correspond to the year, make or | ||||||
| 2 | model of either the
identification number of the vehicle | ||||||
| 3 | from which the essential part is
alleged to have come or | ||||||
| 4 | the identification number which is affixed to the
essential | ||||||
| 5 | part itself. To determine whether an essential part is 6 | ||||||
| 6 | years
of age or newer within this paragraph, the model year | ||||||
| 7 | of the
essential part shall be subtracted from the calendar | ||||||
| 8 | year in which the
essential part is acquired or disposed of | ||||||
| 9 | by the licensee. If the
remainder is 6 or less, the record | ||||||
| 10 | of the acquisition or disposition of
that essential part | ||||||
| 11 | shall be kept as required by this Section.
| ||||||
| 12 | (F) The requirements of paragraph (2) of subsection (a) | ||||||
| 13 | of this
Section shall not apply to the disposition of an | ||||||
| 14 | essential part other than
a cowl which has been damaged or | ||||||
| 15 | altered to a state in which it can no
longer be returned to | ||||||
| 16 | a usable condition and which is being sold or
transferred | ||||||
| 17 | to a scrap processor or for delivery to a scrap processor.
| ||||||
| 18 | (3) the following records for vehicles on which junking | ||||||
| 19 | certificates are
obtained shall be kept:
| ||||||
| 20 | (A) the year, make, model, style and color of the | ||||||
| 21 | vehicle;
| ||||||
| 22 | (B) the vehicle's manufacturer's identification number | ||||||
| 23 | or, if
applicable, the Secretary of State or Illinois | ||||||
| 24 | Department of State Police
identification number;
| ||||||
| 25 | (C) the date the vehicle was acquired;
| ||||||
| 26 | (D) the name and address of the person from whom the | ||||||
| |||||||
| |||||||
| 1 | vehicle was
acquired and, if that person is a dealer, the | ||||||
| 2 | Illinois or out-of-state
dealer license number of that | ||||||
| 3 | person;
| ||||||
| 4 | (E) the certificate of title number or salvage | ||||||
| 5 | certificate number for
the vehicle, if applicable;
| ||||||
| 6 | (F) the junking certificate number obtained by the | ||||||
| 7 | licensee; this entry
shall be recorded at the close of | ||||||
| 8 | business of the fifth business
day after
receiving the | ||||||
| 9 | junking certificate;
| ||||||
| 10 | (G) the name and address of the person to whom the | ||||||
| 11 | junking certificate
has been assigned, if applicable, and | ||||||
| 12 | if that person is a dealer, the Illinois
or out-of-state | ||||||
| 13 | dealer license number of that dealer;
| ||||||
| 14 | (H) if the vehicle or any part of the vehicle is | ||||||
| 15 | dismantled for its
parts to be disposed of in any way, or | ||||||
| 16 | if such parts are to be used by the
licensee to materially | ||||||
| 17 | alter a vehicle, those essential parts shall be
recorded | ||||||
| 18 | and the entries required by
paragraph (2) of subsection (a) | ||||||
| 19 | shall be made.
| ||||||
| 20 | (4) The following records for rebuilt vehicles shall be | ||||||
| 21 | kept:
| ||||||
| 22 | (A) the year, make, model, style and color of the | ||||||
| 23 | vehicle;
| ||||||
| 24 | (B) the vehicle's manufacturer's identification number | ||||||
| 25 | of the vehicle
or, if applicable, the Secretary of State or | ||||||
| 26 | Illinois Department of State
Police identification number;
| ||||||
| |||||||
| |||||||
| 1 | (C) the date the vehicle was acquired;
| ||||||
| 2 | (D) the name and address of the person from whom the
| ||||||
| 3 | vehicle was acquired, and if that person is a dealer, the | ||||||
| 4 | Illinois or
out-of-state dealer license number of that
| ||||||
| 5 | person;
| ||||||
| 6 | (E) the salvage certificate number for the vehicle;
| ||||||
| 7 | (F) the newly issued certificate of title number for | ||||||
| 8 | the vehicle;
| ||||||
| 9 | (G) the date of disposition of the vehicle;
| ||||||
| 10 | (H) the name and address of the person to whom the | ||||||
| 11 | vehicle was
disposed, and if a dealer, the Illinois or | ||||||
| 12 | out-of-state dealer license
number of that dealer;
| ||||||
| 13 | (I) The sale price of the vehicle.
| ||||||
| 14 | (a-1) A person licensed or required to be licensed under | ||||||
| 15 | Section 5-101 or
Section 5-102 of this Code who issues | ||||||
| 16 | temporary registration permits as
permitted by
this Code and by | ||||||
| 17 | rule must electronically file the registration with the
| ||||||
| 18 | Secretary and must maintain records of the registration in the | ||||||
| 19 | manner
prescribed by the Secretary.
| ||||||
| 20 | (b) A failure to make separate entries for each vehicle | ||||||
| 21 | acquired,
disposed of, or assigned, or a failure to record any | ||||||
| 22 | of the specific
information required to be recorded concerning | ||||||
| 23 | the acquisition or
disposition of each vehicle as set forth in | ||||||
| 24 | paragraphs (1),
(3) and (4) of subsection (a) shall constitute | ||||||
| 25 | a failure to keep records.
| ||||||
| 26 | (c) All entries relating to the acquisition of a vehicle or | ||||||
| |||||||
| |||||||
| 1 | essential
part required by subsection (a) of this Section shall | ||||||
| 2 | be recorded no later than
the close of business on the seventh | ||||||
| 3 | calendar day following such acquisition.
All entries relating | ||||||
| 4 | to the disposition of a vehicle or an essential part
shall be | ||||||
| 5 | made at the time of such disposition. If the vehicle or | ||||||
| 6 | essential
part was disposed of on the same day as its | ||||||
| 7 | acquisition or the day
thereafter, the entries relating to the | ||||||
| 8 | acquisition of the vehicle or
essential part shall be made at | ||||||
| 9 | the time of the disposition of the vehicle
or essential part. | ||||||
| 10 | Failure to make the entries required in or at the times
| ||||||
| 11 | prescribed by this subsection following the acquisition or | ||||||
| 12 | disposition of
such vehicle or essential part shall constitute | ||||||
| 13 | a failure to keep records.
| ||||||
| 14 | (d) Every person licensed or required to be licensed shall,
| ||||||
| 15 | before accepting delivery of a used vehicle, inspect the
| ||||||
| 16 | vehicle to determine whether the manufacturer's public vehicle
| ||||||
| 17 | identification number has been defaced, destroyed,
falsified, | ||||||
| 18 | removed, altered, or tampered with in any way. If the person
| ||||||
| 19 | making the inspection determines that the manufacturer's | ||||||
| 20 | public vehicle
identification number has been altered, | ||||||
| 21 | removed, defaced, destroyed,
falsified or tampered with he | ||||||
| 22 | shall not acquire that vehicle but instead
shall promptly | ||||||
| 23 | notify law enforcement authorities of his finding.
| ||||||
| 24 | (e) The information required to be kept in subsection (a) | ||||||
| 25 | of this
Section shall be kept in a manner prescribed by rule or | ||||||
| 26 | regulation of the
Secretary of State.
| ||||||
| |||||||
| |||||||
| 1 | (f) Every person licensed or required to be licensed shall | ||||||
| 2 | have in his
possession a separate certificate of title, salvage | ||||||
| 3 | certificate, junking
certificate, certificate of purchase, | ||||||
| 4 | uniform invoice, out-of-state bill of
sale or other acceptable | ||||||
| 5 | documentary evidence of his right to the
possession of every | ||||||
| 6 | vehicle or essential part.
| ||||||
| 7 | (g) Every person licensed or required to be licensed as a | ||||||
| 8 | transporter
under Section 5-201 shall maintain for 3 years, in | ||||||
| 9 | such form as the
Secretary of State may by rule or regulation | ||||||
| 10 | prescribe, at his principal
place of business a record of every | ||||||
| 11 | vehicle transported by him, including
numbers of or other marks | ||||||
| 12 | of identification thereof, the names and
addresses of persons | ||||||
| 13 | from whom and to whom the vehicle was delivered and
the dates | ||||||
| 14 | of delivery.
| ||||||
| 15 | (h) No later than 15 days prior to going out of business, | ||||||
| 16 | selling the
business, or transferring the ownership of the | ||||||
| 17 | business, the licensee shall
notify the Secretary of State that | ||||||
| 18 | he is going out of business or that he
is transferring the | ||||||
| 19 | ownership of the business. Failure to notify under this
| ||||||
| 20 | paragraph shall constitute a failure to keep records.
| ||||||
| 21 | (i) (Blank).
| ||||||
| 22 | (j) A person who knowingly fails to comply with the | ||||||
| 23 | provisions of this
Section or
knowingly fails to obey, observe, | ||||||
| 24 | or comply with any order of the Secretary or
any law
| ||||||
| 25 | enforcement agency issued
in accordance with this Section is | ||||||
| 26 | guilty of a Class B misdemeanor for the
first violation and a | ||||||
| |||||||
| |||||||
| 1 | Class A misdemeanor for the second and subsequent
violations. | ||||||
| 2 | Each violation constitutes a separate and distinct offense and | ||||||
| 3 | a
separate count may be brought in the same indictment or | ||||||
| 4 | information for each
vehicle or each essential part of a | ||||||
| 5 | vehicle for which a record was not kept as
required by this | ||||||
| 6 | Section.
| ||||||
| 7 | (k) Any person convicted of failing to keep the records | ||||||
| 8 | required by this
Section with intent to conceal the identity or | ||||||
| 9 | origin of a vehicle or its
essential parts or with intent to | ||||||
| 10 | defraud the public in the transfer or sale of
vehicles or their | ||||||
| 11 | essential parts is guilty of a Class 2 felony. Each violation
| ||||||
| 12 | constitutes a separate and distinct offense and a separate | ||||||
| 13 | count may be brought
in the same indictment or information for | ||||||
| 14 | each vehicle or
essential part of a vehicle for which a record | ||||||
| 15 | was not kept as required by this
Section.
| ||||||
| 16 | (l) A person may not be criminally charged with or | ||||||
| 17 | convicted of both a
knowing failure to comply with this Section | ||||||
| 18 | and a knowing failure to comply
with any order, if both | ||||||
| 19 | offenses involve the same record keeping violation.
| ||||||
| 20 | (m) The Secretary shall adopt rules necessary for | ||||||
| 21 | implementation of this
Section, which may include the | ||||||
| 22 | imposition of administrative fines.
| ||||||
| 23 | (Source: P.A. 101-505, eff. 1-1-20.)
| ||||||
| 24 | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
| ||||||
| 25 | Sec. 5-402.1. Use of Secretary of State Uniform Invoice for | ||||||
| |||||||
| |||||||
| 1 | Essential
Parts. | ||||||
| 2 | (a) Except for scrap processors, every person licensed or | ||||||
| 3 | required
to be licensed under Section 5-101, 5-101.1, 5-102, | ||||||
| 4 | 5-102.8, or 5-301 of this Code
shall
issue, in a form the | ||||||
| 5 | Secretary of State may by rule or regulation
prescribe, a | ||||||
| 6 | Uniform Invoice, which may also act as a bill of sale, made
out | ||||||
| 7 | in triplicate with respect to each transaction in which he | ||||||
| 8 | disposes of
an essential part other than quarter panels and | ||||||
| 9 | transmissions of vehicles
of the first division. Such Invoice | ||||||
| 10 | shall be made out at the time of the
disposition of the | ||||||
| 11 | essential part. If the licensee disposes of several
essential | ||||||
| 12 | parts in the same transaction, the licensee may issue one | ||||||
| 13 | Uniform
Invoice covering all essential parts disposed of in | ||||||
| 14 | that transaction.
| ||||||
| 15 | (b) The following information shall be contained on the | ||||||
| 16 | Uniform Invoice:
| ||||||
| 17 | (1) the business name, address and dealer license | ||||||
| 18 | number of the person
disposing of the essential part;
| ||||||
| 19 | (2) the name and address of the person acquiring the | ||||||
| 20 | essential part,
and if that person is a dealer, the | ||||||
| 21 | Illinois or out-of-state dealer license
number of that | ||||||
| 22 | dealer;
| ||||||
| 23 | (3) the date of the disposition of the essential part;
| ||||||
| 24 | (4) the year, make, model, color and description of | ||||||
| 25 | each essential part
disposed of by the person;
| ||||||
| 26 | (5) the manufacturer's vehicle identification number, | ||||||
| |||||||
| |||||||
| 1 | Secretary of State
identification
number or Illinois | ||||||
| 2 | Department of State Police identification number,
for each | ||||||
| 3 | essential
part disposed of by the person;
| ||||||
| 4 | (6) the printed name and legible signature of the | ||||||
| 5 | person or agent disposing of the
essential part; and
| ||||||
| 6 | (7) if the person is a dealer the printed name and | ||||||
| 7 | legible
signature of the dealer or his agent or employee | ||||||
| 8 | accepting
delivery of
the essential part.
| ||||||
| 9 | (c) Except for scrap processors, and except as set forth in | ||||||
| 10 | subsection
(d) of this Section, whenever a person licensed or
| ||||||
| 11 | required to be licensed by Section
5-101, 5-101.1, 5-102, or | ||||||
| 12 | 5-301 accepts delivery of an essential
part, other than quarter | ||||||
| 13 | panels and transmissions of vehicles of the
first division, | ||||||
| 14 | that person shall, at the time of the acceptance or
delivery, | ||||||
| 15 | comply
with the following procedures:
| ||||||
| 16 | (1) Before acquiring or accepting delivery of any
| ||||||
| 17 | essential part, the licensee or
his authorized agent or | ||||||
| 18 | employee shall inspect the part to determine
whether the | ||||||
| 19 | vehicle identification number, Secretary of State
| ||||||
| 20 | identification number, Illinois Department of State Police
| ||||||
| 21 | identification number, or identification plate or sticker | ||||||
| 22 | attached to or
stamped on any part being acquired or | ||||||
| 23 | delivered has been removed,
falsified, altered, defaced, | ||||||
| 24 | destroyed, or tampered with. If the licensee
or his agent | ||||||
| 25 | or employee determines that the vehicle identification | ||||||
| 26 | number,
Secretary of State identification number, Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State
Police identification number, | ||||||
| 2 | identification plate or identification
sticker containing | ||||||
| 3 | an identification number, or Federal Certificate label
of | ||||||
| 4 | an essential part has been removed, falsified, altered, | ||||||
| 5 | defaced,
destroyed or tampered with, the licensee or agent | ||||||
| 6 | shall not accept or receive
that part.
| ||||||
| 7 | If that part was physically acquired by or delivered to | ||||||
| 8 | a licensee or
his agent or employee while that licensee, | ||||||
| 9 | agent or employee was outside
this State, that licensee or | ||||||
| 10 | agent or employee shall not bring that
essential part into | ||||||
| 11 | this State or cause it to be brought into this State.
| ||||||
| 12 | (2) If the person disposing of or delivering the | ||||||
| 13 | essential part to
the licensee is a licensed in-state or | ||||||
| 14 | out-of-state dealer, the licensee or
his agent or employee, | ||||||
| 15 | after inspecting the essential part as required by
| ||||||
| 16 | paragraph (1) of this subsection (c), shall examine the | ||||||
| 17 | Uniform Invoice, or
bill of sale, as the case may be, to | ||||||
| 18 | ensure that it contains all the
information required to be | ||||||
| 19 | provided by persons disposing
of essential parts as set | ||||||
| 20 | forth in subsection (b) of this Section. If the
Uniform | ||||||
| 21 | Invoice or bill of sale does not contain all the | ||||||
| 22 | information
required to be listed by subsection (b) of this | ||||||
| 23 | Section, the dealer
disposing of or delivering such part or | ||||||
| 24 | his agent or employee shall record
such additional | ||||||
| 25 | information or other needed modifications on the Uniform
| ||||||
| 26 | Invoice or bill of sale or, if needed, an attachment | ||||||
| |||||||
| |||||||
| 1 | thereto. The dealer
or his agent or employee delivering the | ||||||
| 2 | essential part shall initial all
additions or | ||||||
| 3 | modifications to the Uniform Invoice or bill of sale and
| ||||||
| 4 | legibly print his name at the bottom of each document | ||||||
| 5 | containing his
initials. If the transaction involves a bill | ||||||
| 6 | of sale rather
than a Uniform Invoice, the licensee or his | ||||||
| 7 | agent or employee accepting
delivery of or acquiring the | ||||||
| 8 | essential part shall affix his printed name
and legible | ||||||
| 9 | signature on the space on the bill of sale provided for his
| ||||||
| 10 | signature or, if no space is provided, on the back of the | ||||||
| 11 | bill of sale.
If the dealer or his agent or
employee | ||||||
| 12 | disposing of or delivering the essential part cannot or | ||||||
| 13 | does
not provide all the information required by
subsection | ||||||
| 14 | (b) of this Section, the licensee or his agent or employee | ||||||
| 15 | shall
not accept or receive any essential part for which | ||||||
| 16 | that required
information is not provided. If such | ||||||
| 17 | essential part for which the
information required is not | ||||||
| 18 | fully provided was physically acquired while
the licensee | ||||||
| 19 | or his agent or employee was outside this State, the | ||||||
| 20 | licensee
or his agent or employee shall not bring that | ||||||
| 21 | essential part into this
State or cause it to be brought | ||||||
| 22 | into this State.
| ||||||
| 23 | (3) If the person disposing of the essential part is | ||||||
| 24 | not a licensed
dealer, the licensee or his agent or | ||||||
| 25 | employee shall, after inspecting the
essential part as | ||||||
| 26 | required by paragraph (1) of subsection (c) of this
Section | ||||||
| |||||||
| |||||||
| 1 | verify the identity of the person disposing of
the | ||||||
| 2 | essential part
by examining 2 sources of identification, | ||||||
| 3 | one of which shall be either a
driver's license or state | ||||||
| 4 | identification card. The licensee or his agent
or employee | ||||||
| 5 | shall then prepare a Uniform Invoice listing all the
| ||||||
| 6 | information required to be provided by subsection (b) of | ||||||
| 7 | this Section. In
the space on the Uniform Invoice provided | ||||||
| 8 | for the dealer license number of
the person disposing of | ||||||
| 9 | the part, the licensee or his agent or employee
shall list | ||||||
| 10 | the numbers taken from the documents of identification | ||||||
| 11 | provided
by the person disposing of the part. The person
| ||||||
| 12 | disposing of the part
shall affix his printed name and | ||||||
| 13 | legible signature on the space on the
Uniform Invoice | ||||||
| 14 | provided for the person disposing of the
essential part and
| ||||||
| 15 | the licensee or his agent or employee acquiring the part | ||||||
| 16 | shall affix his
printed name and legible signature on the | ||||||
| 17 | space provided on the Uniform
Invoice for the person | ||||||
| 18 | acquiring the essential part. If the person
disposing of | ||||||
| 19 | the essential part cannot or does not provide all the
| ||||||
| 20 | information required to be provided by this paragraph, or | ||||||
| 21 | does not present
2 satisfactory forms of identification, | ||||||
| 22 | the licensee or his agent or
employee shall not acquire | ||||||
| 23 | that essential part.
| ||||||
| 24 | (d) If an essential part other than quarter panels and
| ||||||
| 25 | transmissions of vehicles of the first division was delivered | ||||||
| 26 | by a licensed commercial
delivery service delivering such part | ||||||
| |||||||
| |||||||
| 1 | on behalf of a licensed dealer, the
person required to comply | ||||||
| 2 | with subsection (c) of this Section may conduct
the inspection | ||||||
| 3 | of that part required by paragraph (1) of subsection (c) and | ||||||
| 4 | examination
of the Uniform Invoice or bill of sale required by | ||||||
| 5 | paragraph (2) of subsection (c) of
this Section immediately | ||||||
| 6 | after the acceptance of the part.
| ||||||
| 7 | (1) If the inspection of the essential part pursuant to | ||||||
| 8 | paragraph (1) of subsection
(c) reveals that the vehicle | ||||||
| 9 | identification number, Secretary of State
identification | ||||||
| 10 | number, Illinois Department of State Police identification
| ||||||
| 11 | number, identification plate or sticker containing an | ||||||
| 12 | identification
number, or Federal Certificate label of an | ||||||
| 13 | essential part has been removed,
falsified, altered, | ||||||
| 14 | defaced, destroyed or tampered with, the licensee or
his | ||||||
| 15 | agent shall immediately record such fact on the Uniform | ||||||
| 16 | Invoice or bill
of sale, assign the part an inventory or | ||||||
| 17 | stock number, place such inventory
or stock number on both | ||||||
| 18 | the essential part and the Uniform Invoice or bill
of sale, | ||||||
| 19 | and record the date of the inspection of the part on the | ||||||
| 20 | Uniform
Invoice or bill of sale.
The licensee shall, within | ||||||
| 21 | 7 days of such inspection, return such part to
the dealer | ||||||
| 22 | from whom it was acquired.
| ||||||
| 23 | (2) If the examination of the Uniform Invoice or bill | ||||||
| 24 | of sale pursuant
to paragraph (2) of subsection (c) reveals | ||||||
| 25 | that any of the information required to be
listed by | ||||||
| 26 | subsection (b) of this Section is missing, the licensee or | ||||||
| |||||||
| |||||||
| 1 | person
required to be licensed shall immediately assign a | ||||||
| 2 | stock or inventory
number to such part, place such stock or | ||||||
| 3 | inventory number on both the
essential part and the Uniform | ||||||
| 4 | Invoice or bill of sale, and record the date
of examination | ||||||
| 5 | on the Uniform Invoice or bill of sale. The licensee or
| ||||||
| 6 | person required to be licensed shall acquire the | ||||||
| 7 | information missing from
the Uniform Invoice or bill of | ||||||
| 8 | sale within 7 days of the examination of
such Uniform | ||||||
| 9 | Invoice or bill of sale. Such information may be received | ||||||
| 10 | by
telephone conversation with the dealer from whom the | ||||||
| 11 | part was acquired. If
the dealer provides the missing | ||||||
| 12 | information the licensee shall record such
information on | ||||||
| 13 | the Uniform Invoice or bill of sale along with the name of
| ||||||
| 14 | the person providing the information. If the dealer does | ||||||
| 15 | not provide the
required information within the | ||||||
| 16 | aforementioned 7 day period, the licensee
shall return the | ||||||
| 17 | part to that dealer.
| ||||||
| 18 | (e) Except for scrap processors, all persons licensed or | ||||||
| 19 | required to
be licensed who acquire or
dispose of essential | ||||||
| 20 | parts other than quarter panels and transmissions of
vehicles | ||||||
| 21 | of the first division shall retain a copy of the Uniform | ||||||
| 22 | Invoice
required to be made by subsections (a), (b) and (c) of | ||||||
| 23 | this Section for a
period of 3 years.
| ||||||
| 24 | (f) Except for scrap processors, any person licensed or | ||||||
| 25 | required to
be licensed under Sections 5-101,
5-102 or 5-301 | ||||||
| 26 | who knowingly fails to record on a Uniform Invoice any of the
| ||||||
| |||||||
| |||||||
| 1 | information or entries required to be recorded by subsections | ||||||
| 2 | (a), (b) and
(c) of this Section, or who knowingly places false | ||||||
| 3 | entries or other misleading
information on such Uniform | ||||||
| 4 | Invoice, or who knowingly fails to retain for 3 years a
copy of | ||||||
| 5 | a Uniform Invoice reflecting transactions required to be | ||||||
| 6 | recorded
by subsections (a), (b) and (c) of this Section, or | ||||||
| 7 | who knowingly acquires or
disposes of essential parts without | ||||||
| 8 | receiving, issuing, or executing a
Uniform Invoice reflecting | ||||||
| 9 | that transaction as required by subsections (a),
(b) and (c) of | ||||||
| 10 | this Section, or who brings or causes to be brought into
this | ||||||
| 11 | State essential parts for which the information required to be
| ||||||
| 12 | recorded on a Uniform Invoice is not recorded as prohibited by | ||||||
| 13 | subsection
(c) of this Section, or who knowingly fails to | ||||||
| 14 | comply with the provisions of
this
Section in any other manner | ||||||
| 15 | shall be guilty of a Class 2 felony. Each
violation shall | ||||||
| 16 | constitute a separate and distinct offense and a separate
count | ||||||
| 17 | may be brought in the same indictment or information for each
| ||||||
| 18 | essential part for which a record was not kept as required by | ||||||
| 19 | this Section
or for which the person failed to comply with | ||||||
| 20 | other provisions of this
Section.
| ||||||
| 21 | (g) The records required to be kept by this Section
may be | ||||||
| 22 | examined by a person or persons making a lawful
inspection of | ||||||
| 23 | the licensee's premises pursuant to Section 5-403.
| ||||||
| 24 | (h) The records required to be kept by this Section shall | ||||||
| 25 | be retained by
the licensee at his principal place of business | ||||||
| 26 | for a period of 7 years.
| ||||||
| |||||||
| |||||||
| 1 | (i) The requirements of this Section shall not apply to the | ||||||
| 2 | disposition
of an essential part other than a cowl which has | ||||||
| 3 | been damaged or altered to
a state in which it can no longer be | ||||||
| 4 | returned to a usable condition and
which is being sold or | ||||||
| 5 | transferred to a scrap processor or for delivery to
a scrap | ||||||
| 6 | processor.
| ||||||
| 7 | (Source: P.A. 101-505, eff. 1-1-20.)
| ||||||
| 8 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| ||||||
| 9 | Sec. 6-106.1. School bus driver permit.
| ||||||
| 10 | (a) The Secretary of State shall issue a school bus driver
| ||||||
| 11 | permit to those applicants who have met all the requirements of | ||||||
| 12 | the
application and screening process under this Section to | ||||||
| 13 | insure the
welfare and safety of children who are transported | ||||||
| 14 | on school buses
throughout the State of Illinois. Applicants | ||||||
| 15 | shall obtain the
proper application required by the Secretary | ||||||
| 16 | of State from their
prospective or current employer and submit | ||||||
| 17 | the completed
application to the prospective or current | ||||||
| 18 | employer along
with the necessary fingerprint submission as | ||||||
| 19 | required by the Illinois
Department of
State Police to conduct | ||||||
| 20 | fingerprint based criminal background
checks on current and | ||||||
| 21 | future information available in the state
system and current | ||||||
| 22 | information available through the Federal Bureau
of | ||||||
| 23 | Investigation's system. Applicants who have completed the
| ||||||
| 24 | fingerprinting requirements shall not be subjected to the
| ||||||
| 25 | fingerprinting process when applying for subsequent permits or
| ||||||
| |||||||
| |||||||
| 1 | submitting proof of successful completion of the annual | ||||||
| 2 | refresher
course. Individuals who on July 1, 1995 (the | ||||||
| 3 | effective date of Public Act 88-612) possess a valid
school bus | ||||||
| 4 | driver permit that has been previously issued by the | ||||||
| 5 | appropriate
Regional School Superintendent are not subject to | ||||||
| 6 | the fingerprinting
provisions of this Section as long as the | ||||||
| 7 | permit remains valid and does not
lapse. The applicant shall be | ||||||
| 8 | required to pay all related
application and fingerprinting fees | ||||||
| 9 | as established by rule
including, but not limited to, the | ||||||
| 10 | amounts established by the Illinois Department of
State Police | ||||||
| 11 | and the Federal Bureau of Investigation to process
fingerprint | ||||||
| 12 | based criminal background investigations. All fees paid for
| ||||||
| 13 | fingerprint processing services under this Section shall be | ||||||
| 14 | deposited into the
State Police Services Fund for the cost | ||||||
| 15 | incurred in processing the fingerprint
based criminal | ||||||
| 16 | background investigations. All other fees paid under this
| ||||||
| 17 | Section shall be deposited into the Road
Fund for the purpose | ||||||
| 18 | of defraying the costs of the Secretary of State in
| ||||||
| 19 | administering this Section. All applicants must:
| ||||||
| 20 | 1. be 21 years of age or older;
| ||||||
| 21 | 2. possess a valid and properly classified driver's | ||||||
| 22 | license
issued by the Secretary of State;
| ||||||
| 23 | 3. possess a valid driver's license, which has not been
| ||||||
| 24 | revoked, suspended, or canceled for 3 years immediately | ||||||
| 25 | prior to
the date of application, or have not had his or | ||||||
| 26 | her commercial motor vehicle
driving privileges
| ||||||
| |||||||
| |||||||
| 1 | disqualified within the 3 years immediately prior to the | ||||||
| 2 | date of application;
| ||||||
| 3 | 4. successfully pass a written test, administered by | ||||||
| 4 | the
Secretary of State, on school bus operation, school bus | ||||||
| 5 | safety, and
special traffic laws relating to school buses | ||||||
| 6 | and submit to a review
of the applicant's driving habits by | ||||||
| 7 | the Secretary of State at the time the
written test is | ||||||
| 8 | given;
| ||||||
| 9 | 5. demonstrate ability to exercise reasonable care in | ||||||
| 10 | the operation of
school buses in accordance with rules | ||||||
| 11 | promulgated by the Secretary of State;
| ||||||
| 12 | 6. demonstrate physical fitness to operate school | ||||||
| 13 | buses by
submitting the results of a medical examination, | ||||||
| 14 | including tests for drug
use for each applicant not subject | ||||||
| 15 | to such testing pursuant to
federal law, conducted by a | ||||||
| 16 | licensed physician, a licensed advanced practice | ||||||
| 17 | registered nurse, or a licensed physician assistant
within | ||||||
| 18 | 90 days of the date
of application according to standards | ||||||
| 19 | promulgated by the Secretary of State;
| ||||||
| 20 | 7. affirm under penalties of perjury that he or she has | ||||||
| 21 | not made a
false statement or knowingly concealed a | ||||||
| 22 | material fact
in any application for permit;
| ||||||
| 23 | 8. have completed an initial classroom course, | ||||||
| 24 | including first aid
procedures, in school bus driver safety | ||||||
| 25 | as promulgated by the Secretary of
State; and after | ||||||
| 26 | satisfactory completion of said initial course an annual
| ||||||
| |||||||
| |||||||
| 1 | refresher course; such courses and the agency or | ||||||
| 2 | organization conducting such
courses shall be approved by | ||||||
| 3 | the Secretary of State; failure to
complete the annual | ||||||
| 4 | refresher course, shall result in
cancellation of the | ||||||
| 5 | permit until such course is completed;
| ||||||
| 6 | 9. not have been under an order of court supervision | ||||||
| 7 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
| 8 | defined by rule, within one year prior to the date of | ||||||
| 9 | application that may
endanger the life or safety of any of | ||||||
| 10 | the driver's passengers within the
duration of the permit | ||||||
| 11 | period;
| ||||||
| 12 | 10. not have been under an order of court supervision | ||||||
| 13 | for or convicted of reckless driving, aggravated reckless | ||||||
| 14 | driving, driving while under the influence of alcohol, | ||||||
| 15 | other drug or drugs, intoxicating compound or compounds or | ||||||
| 16 | any combination thereof, or reckless homicide resulting | ||||||
| 17 | from the operation of a motor
vehicle within 3 years of the | ||||||
| 18 | date of application;
| ||||||
| 19 | 11. not have been convicted of committing or attempting
| ||||||
| 20 | to commit any
one or more of the following offenses: (i) | ||||||
| 21 | those offenses defined in
Sections 8-1, 8-1.2, 9-1, 9-1.2, | ||||||
| 22 | 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
| ||||||
| 23 | 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 24 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
| 25 | 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1, | ||||||
| 26 | 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, | ||||||
| |||||||
| |||||||
| 1 | 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
| 2 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
| 3 | 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4, 12-4.1, | ||||||
| 4 | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, | ||||||
| 5 | 12-4.9,
12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3, | ||||||
| 6 | 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, | ||||||
| 7 | 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, | ||||||
| 8 | 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, | ||||||
| 9 | 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, | ||||||
| 10 | 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, | ||||||
| 11 | 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
33A-2, and 33D-1, in | ||||||
| 12 | subsection (A), clauses (a) and (b), of Section 24-3, and | ||||||
| 13 | those offenses contained in Article 29D of the Criminal | ||||||
| 14 | Code of 1961 or the Criminal Code of 2012; (ii) those | ||||||
| 15 | offenses defined in the
Cannabis Control Act except those | ||||||
| 16 | offenses defined in subsections (a) and
(b) of Section 4, | ||||||
| 17 | and subsection (a) of Section 5 of the Cannabis Control
| ||||||
| 18 | Act; (iii) those offenses defined in the Illinois | ||||||
| 19 | Controlled Substances
Act; (iv) those offenses defined in | ||||||
| 20 | the Methamphetamine Control and Community Protection Act; | ||||||
| 21 | and (v) any offense committed or attempted in any other | ||||||
| 22 | state or against
the laws of the United States, which if | ||||||
| 23 | committed or attempted in this
State would be punishable as | ||||||
| 24 | one or more of the foregoing offenses; (vi)
the offenses | ||||||
| 25 | defined in Section 4.1 and 5.1 of the Wrongs to Children | ||||||
| 26 | Act or Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 2012; (vii) those offenses defined in | ||||||
| 2 | Section 6-16 of the Liquor Control Act of
1934;
and (viii) | ||||||
| 3 | those offenses defined in the Methamphetamine Precursor | ||||||
| 4 | Control Act;
| ||||||
| 5 | 12. not have been repeatedly involved as a driver in | ||||||
| 6 | motor vehicle
collisions or been repeatedly convicted of | ||||||
| 7 | offenses against
laws and ordinances regulating the | ||||||
| 8 | movement of traffic, to a degree which
indicates lack of | ||||||
| 9 | ability to exercise ordinary and reasonable care in the
| ||||||
| 10 | safe operation of a motor vehicle or disrespect for the | ||||||
| 11 | traffic laws and
the safety of other persons upon the | ||||||
| 12 | highway;
| ||||||
| 13 | 13. not have, through the unlawful operation of a motor
| ||||||
| 14 | vehicle, caused an accident resulting in the death of any | ||||||
| 15 | person;
| ||||||
| 16 | 14. not have, within the last 5 years, been adjudged to | ||||||
| 17 | be
afflicted with or suffering from any mental disability | ||||||
| 18 | or disease;
| ||||||
| 19 | 15. consent, in writing, to the release of results of | ||||||
| 20 | reasonable suspicion drug and alcohol testing under | ||||||
| 21 | Section 6-106.1c of this Code by the employer of the | ||||||
| 22 | applicant to the Secretary of State; and | ||||||
| 23 | 16. not have been convicted of committing or attempting | ||||||
| 24 | to commit within the last 20 years: (i) an offense defined | ||||||
| 25 | in subsection (c) of Section 4, subsection (b) of Section | ||||||
| 26 | 5, and subsection (a) of Section 8 of the Cannabis Control | ||||||
| |||||||
| |||||||
| 1 | Act; or (ii) any offenses in any other state or against the | ||||||
| 2 | laws of the United States that, if committed or attempted | ||||||
| 3 | in this State, would be punishable as one or more of the | ||||||
| 4 | foregoing offenses. | ||||||
| 5 | (b) A school bus driver permit shall be valid for a period | ||||||
| 6 | specified by
the Secretary of State as set forth by rule. It | ||||||
| 7 | shall be renewable upon compliance with subsection (a) of this
| ||||||
| 8 | Section.
| ||||||
| 9 | (c) A school bus driver permit shall contain the holder's | ||||||
| 10 | driver's
license number, legal name, residence address, zip | ||||||
| 11 | code, and date
of birth, a brief description of the holder and | ||||||
| 12 | a space for signature. The
Secretary of State may require a | ||||||
| 13 | suitable photograph of the holder.
| ||||||
| 14 | (d) The employer shall be responsible for conducting a | ||||||
| 15 | pre-employment
interview with prospective school bus driver | ||||||
| 16 | candidates, distributing school
bus driver applications and | ||||||
| 17 | medical forms to be completed by the applicant, and
submitting | ||||||
| 18 | the applicant's fingerprint cards to the Illinois Department of | ||||||
| 19 | State Police
that are required for the criminal background | ||||||
| 20 | investigations. The employer
shall certify in writing to the | ||||||
| 21 | Secretary of State that all pre-employment
conditions have been | ||||||
| 22 | successfully completed including the successful completion
of | ||||||
| 23 | an Illinois specific criminal background investigation through | ||||||
| 24 | the Illinois
Department of State Police and the submission of | ||||||
| 25 | necessary
fingerprints to the Federal Bureau of Investigation | ||||||
| 26 | for criminal
history information available through the Federal | ||||||
| |||||||
| |||||||
| 1 | Bureau of
Investigation system. The applicant shall present the
| ||||||
| 2 | certification to the Secretary of State at the time of | ||||||
| 3 | submitting
the school bus driver permit application.
| ||||||
| 4 | (e) Permits shall initially be provisional upon receiving
| ||||||
| 5 | certification from the employer that all pre-employment | ||||||
| 6 | conditions
have been successfully completed, and upon | ||||||
| 7 | successful completion of
all training and examination | ||||||
| 8 | requirements for the classification of
the vehicle to be | ||||||
| 9 | operated, the Secretary of State shall
provisionally issue a | ||||||
| 10 | School Bus Driver Permit. The permit shall
remain in a | ||||||
| 11 | provisional status pending the completion of the
Federal Bureau | ||||||
| 12 | of Investigation's criminal background investigation based
| ||||||
| 13 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
| 14 | of
Investigation by the Illinois Department of State Police. | ||||||
| 15 | The Federal Bureau of
Investigation shall report the findings | ||||||
| 16 | directly to the Secretary
of State. The Secretary of State | ||||||
| 17 | shall remove the bus driver
permit from provisional status upon | ||||||
| 18 | the applicant's successful
completion of the Federal Bureau of | ||||||
| 19 | Investigation's criminal
background investigation.
| ||||||
| 20 | (f) A school bus driver permit holder shall notify the
| ||||||
| 21 | employer and the Secretary of State if he or she is issued an | ||||||
| 22 | order of court supervision for or convicted in
another state of | ||||||
| 23 | an offense that would make him or her ineligible
for a permit | ||||||
| 24 | under subsection (a) of this Section. The
written notification | ||||||
| 25 | shall be made within 5 days of the entry of
the order of court | ||||||
| 26 | supervision or conviction. Failure of the permit holder to | ||||||
| |||||||
| |||||||
| 1 | provide the
notification is punishable as a petty
offense for a | ||||||
| 2 | first violation and a Class B misdemeanor for a
second or | ||||||
| 3 | subsequent violation.
| ||||||
| 4 | (g) Cancellation; suspension; notice and procedure.
| ||||||
| 5 | (1) The Secretary of State shall cancel a school bus
| ||||||
| 6 | driver permit of an applicant whose criminal background | ||||||
| 7 | investigation
discloses that he or she is not in compliance | ||||||
| 8 | with the provisions of subsection
(a) of this Section.
| ||||||
| 9 | (2) The Secretary of State shall cancel a school
bus | ||||||
| 10 | driver permit when he or she receives notice that the | ||||||
| 11 | permit holder fails
to comply with any provision of this | ||||||
| 12 | Section or any rule promulgated for the
administration of | ||||||
| 13 | this Section.
| ||||||
| 14 | (3) The Secretary of State shall cancel a school bus
| ||||||
| 15 | driver permit if the permit holder's restricted commercial | ||||||
| 16 | or
commercial driving privileges are withdrawn or | ||||||
| 17 | otherwise
invalidated.
| ||||||
| 18 | (4) The Secretary of State may not issue a school bus
| ||||||
| 19 | driver permit for a period of 3 years to an applicant who | ||||||
| 20 | fails to
obtain a negative result on a drug test as | ||||||
| 21 | required in item 6 of
subsection (a) of this Section or | ||||||
| 22 | under federal law.
| ||||||
| 23 | (5) The Secretary of State shall forthwith suspend
a | ||||||
| 24 | school bus driver permit for a period of 3 years upon | ||||||
| 25 | receiving
notice that the holder has failed to obtain a | ||||||
| 26 | negative result on a
drug test as required in item 6 of | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of this Section
or under federal law.
| ||||||
| 2 | (6) The Secretary of State shall suspend a school bus | ||||||
| 3 | driver permit for a period of 3 years upon receiving notice | ||||||
| 4 | from the employer that the holder failed to perform the | ||||||
| 5 | inspection procedure set forth in subsection (a) or (b) of | ||||||
| 6 | Section 12-816 of this Code. | ||||||
| 7 | (7) The Secretary of State shall suspend a school bus | ||||||
| 8 | driver permit for a period of 3 years upon receiving notice | ||||||
| 9 | from the employer that the holder refused to submit to an | ||||||
| 10 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
| 11 | submitted to a test required by that Section which | ||||||
| 12 | disclosed an alcohol concentration of more than 0.00 or | ||||||
| 13 | disclosed a positive result on a National Institute on Drug | ||||||
| 14 | Abuse five-drug panel, utilizing federal standards set | ||||||
| 15 | forth in 49 CFR 40.87. | ||||||
| 16 | The Secretary of State shall notify the State | ||||||
| 17 | Superintendent
of Education and the permit holder's | ||||||
| 18 | prospective or current
employer that the applicant has (1) has | ||||||
| 19 | failed a criminal
background investigation or (2) is no
longer | ||||||
| 20 | eligible for a school bus driver permit; and of the related
| ||||||
| 21 | cancellation of the applicant's provisional school bus driver | ||||||
| 22 | permit. The
cancellation shall remain in effect pending the | ||||||
| 23 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
| 24 | The scope of the
hearing shall be limited to the issuance | ||||||
| 25 | criteria contained in
subsection (a) of this Section. A | ||||||
| 26 | petition requesting a
hearing shall be submitted to the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State and shall
contain the reason the individual | ||||||
| 2 | feels he or she is entitled to a
school bus driver permit. The | ||||||
| 3 | permit holder's
employer shall notify in writing to the | ||||||
| 4 | Secretary of State
that the employer has certified the removal | ||||||
| 5 | of the offending school
bus driver from service prior to the | ||||||
| 6 | start of that school bus
driver's next workshift. An employing | ||||||
| 7 | school board that fails to
remove the offending school bus | ||||||
| 8 | driver from service is
subject to the penalties defined in | ||||||
| 9 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
| 10 | violates a provision of this Section is
subject to the | ||||||
| 11 | penalties defined in Section 6-106.11.
| ||||||
| 12 | All valid school bus driver permits issued under this | ||||||
| 13 | Section
prior to January 1, 1995, shall remain effective until | ||||||
| 14 | their
expiration date unless otherwise invalidated.
| ||||||
| 15 | (h) When a school bus driver permit holder who is a service | ||||||
| 16 | member is called to active duty, the employer of the permit | ||||||
| 17 | holder shall notify the Secretary of State, within 30 days of | ||||||
| 18 | notification from the permit holder, that the permit holder has | ||||||
| 19 | been called to active duty. Upon notification pursuant to this | ||||||
| 20 | subsection, (i) the Secretary of State shall characterize the | ||||||
| 21 | permit as inactive until a permit holder renews the permit as | ||||||
| 22 | provided in subsection (i) of this Section, and (ii) if a | ||||||
| 23 | permit holder fails to comply with the requirements of this | ||||||
| 24 | Section while called to active duty, the Secretary of State | ||||||
| 25 | shall not characterize the permit as invalid. | ||||||
| 26 | (i) A school bus driver permit holder who is a service | ||||||
| |||||||
| |||||||
| 1 | member returning from active duty must, within 90 days, renew a | ||||||
| 2 | permit characterized as inactive pursuant to subsection (h) of | ||||||
| 3 | this Section by complying with the renewal requirements of | ||||||
| 4 | subsection (b) of this Section. | ||||||
| 5 | (j) For purposes of subsections (h) and (i) of this | ||||||
| 6 | Section: | ||||||
| 7 | "Active duty" means active duty pursuant to an executive | ||||||
| 8 | order of the President of the United States, an act of the | ||||||
| 9 | Congress of the United States, or an order of the Governor. | ||||||
| 10 | "Service member" means a member of the Armed Services or | ||||||
| 11 | reserve forces of the United States or a member of the Illinois | ||||||
| 12 | National Guard. | ||||||
| 13 | (k) A private carrier employer of a school bus driver | ||||||
| 14 | permit holder, having satisfied the employer requirements of | ||||||
| 15 | this Section, shall be held to a standard of ordinary care for | ||||||
| 16 | intentional acts committed in the course of employment by the | ||||||
| 17 | bus driver permit holder. This subsection (k) shall in no way | ||||||
| 18 | limit the liability of the private carrier employer for | ||||||
| 19 | violation of any provision of this Section or for the negligent | ||||||
| 20 | hiring or retention of a school bus driver permit holder. | ||||||
| 21 | (Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
| ||||||
| 22 | (625 ILCS 5/6-106.1a)
| ||||||
| 23 | Sec. 6-106.1a. Cancellation of school bus driver permit; | ||||||
| 24 | trace of alcohol.
| ||||||
| 25 | (a) A person who has been issued a school bus driver permit | ||||||
| |||||||
| |||||||
| 1 | by the Secretary
of State in accordance with Section 6-106.1 of | ||||||
| 2 | this Code and who drives or is
in actual physical control of a | ||||||
| 3 | school bus
or any other vehicle owned or operated by or for a | ||||||
| 4 | public or private
school, or a school operated by a religious | ||||||
| 5 | institution, when the vehicle is
being used over a regularly | ||||||
| 6 | scheduled route for the transportation of persons
enrolled as | ||||||
| 7 | students in grade 12 or below, in connection with any activity | ||||||
| 8 | of
the entities listed, upon the public highways of this State | ||||||
| 9 | shall be
deemed to have given consent to a chemical test or | ||||||
| 10 | tests of blood, breath, other bodily substance, or
urine for | ||||||
| 11 | the purpose of determining the alcohol content of the person's | ||||||
| 12 | blood
if arrested, as evidenced
by the issuance of a Uniform | ||||||
| 13 | Traffic Ticket for any violation of this
Code or a similar | ||||||
| 14 | provision of a local ordinance, if a police officer
has | ||||||
| 15 | probable cause to believe that the driver has consumed any | ||||||
| 16 | amount of an
alcoholic beverage based upon evidence of the | ||||||
| 17 | driver's physical condition
or other first hand knowledge of | ||||||
| 18 | the police officer. The test or tests shall
be administered at | ||||||
| 19 | the direction of the arresting officer. The law enforcement
| ||||||
| 20 | agency employing the officer shall designate which of the | ||||||
| 21 | aforesaid tests shall
be administered. A urine or other bodily | ||||||
| 22 | substance test may be administered even after a blood or breath
| ||||||
| 23 | test or both has been administered.
| ||||||
| 24 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
| 25 | in a condition
rendering that person incapable of refusal, | ||||||
| 26 | shall be deemed not to have
withdrawn the consent provided by | ||||||
| |||||||
| |||||||
| 1 | paragraph (a) of this Section and the test or
tests may be | ||||||
| 2 | administered subject to the following provisions:
| ||||||
| 3 | (1) Chemical analysis of the person's blood, urine, | ||||||
| 4 | breath, or
other bodily substance,
to be considered valid | ||||||
| 5 | under the provisions of this Section, shall have been
| ||||||
| 6 | performed according to standards promulgated by the | ||||||
| 7 | Illinois Department of State Police by an
individual
| ||||||
| 8 | possessing a valid permit issued by the Illinois Department | ||||||
| 9 | of State Police for this
purpose. The
Director of the | ||||||
| 10 | Illinois State Police is authorized to approve | ||||||
| 11 | satisfactory techniques
or
methods, to ascertain the | ||||||
| 12 | qualifications and competence of individuals to
conduct | ||||||
| 13 | analyses, to issue
permits that shall be subject to | ||||||
| 14 | termination or revocation at the direction of
the Illinois | ||||||
| 15 | Department of State Police, and to certify the
accuracy of | ||||||
| 16 | breath testing
equipment. The
Illinois Department of State | ||||||
| 17 | Police shall prescribe rules as
necessary.
| ||||||
| 18 | (2) When a person submits to a blood test at the | ||||||
| 19 | request of a law
enforcement officer under the provisions | ||||||
| 20 | of this Section, only a physician
authorized to practice | ||||||
| 21 | medicine, a licensed physician assistant, a licensed | ||||||
| 22 | advanced practice registered nurse, a registered nurse, or | ||||||
| 23 | other qualified person
trained in venipuncture and acting | ||||||
| 24 | under the direction of a licensed physician
may withdraw | ||||||
| 25 | blood for the purpose of determining the alcohol content.
| ||||||
| 26 | This limitation does not apply to the taking of breath, | ||||||
| |||||||
| |||||||
| 1 | other bodily substance, or urine specimens.
| ||||||
| 2 | (3) The person tested may have a physician, qualified | ||||||
| 3 | technician, chemist,
registered nurse, or other qualified | ||||||
| 4 | person of his or her own choosing
administer a chemical | ||||||
| 5 | test or tests in addition to any test or tests
administered | ||||||
| 6 | at the direction of a law enforcement officer. The test
| ||||||
| 7 | administered at the request of the person may be admissible | ||||||
| 8 | into evidence at a
hearing conducted in accordance with | ||||||
| 9 | Section 2-118 of this Code. The failure
or inability to | ||||||
| 10 | obtain an additional test by a person shall not preclude | ||||||
| 11 | the
consideration of the previously performed chemical | ||||||
| 12 | test.
| ||||||
| 13 | (4) Upon a request of the person who submits to a | ||||||
| 14 | chemical test or tests
at the request of a law enforcement | ||||||
| 15 | officer, full information concerning the
test or tests | ||||||
| 16 | shall be made available to the person or that person's
| ||||||
| 17 | attorney by the requesting law enforcement agency within 72 | ||||||
| 18 | hours of receipt of
the test result.
| ||||||
| 19 | (5) Alcohol concentration means either grams of | ||||||
| 20 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
| 21 | per 210 liters of breath.
| ||||||
| 22 | (6) If a driver is receiving medical treatment as a | ||||||
| 23 | result of a motor
vehicle accident, a physician licensed to | ||||||
| 24 | practice medicine, licensed physician assistant, licensed | ||||||
| 25 | advanced practice registered nurse, registered nurse,
or | ||||||
| 26 | other qualified person trained in venipuncture and acting | ||||||
| |||||||
| |||||||
| 1 | under the
direction of a
licensed physician shall withdraw | ||||||
| 2 | blood for testing purposes to ascertain the
presence of | ||||||
| 3 | alcohol upon the specific request of a law enforcement | ||||||
| 4 | officer.
However, that testing shall not be performed | ||||||
| 5 | until, in the opinion of the
medical personnel on scene, | ||||||
| 6 | the withdrawal can be made without interfering with
or | ||||||
| 7 | endangering the well-being of the patient.
| ||||||
| 8 | (c) A person requested to submit to a test as provided in | ||||||
| 9 | this Section shall
be warned
by the law enforcement officer | ||||||
| 10 | requesting the test that a refusal to submit to
the test, or
| ||||||
| 11 | submission to the test resulting in an alcohol concentration of | ||||||
| 12 | more than 0.00,
may result
in the loss of that person's | ||||||
| 13 | privilege to possess a school bus driver
permit. The loss of | ||||||
| 14 | the individual's privilege to possess a school bus driver
| ||||||
| 15 | permit shall be imposed in accordance with Section 6-106.1b of | ||||||
| 16 | this Code. A person requested to submit to a test under this | ||||||
| 17 | Section shall also acknowledge, in writing, receipt of the | ||||||
| 18 | warning required under this subsection (c). If the person | ||||||
| 19 | refuses to acknowledge receipt of the warning, the law | ||||||
| 20 | enforcement officer shall make a written notation on the | ||||||
| 21 | warning that the person refused to sign the warning. A person's | ||||||
| 22 | refusal to sign the warning shall not be evidence that the | ||||||
| 23 | person was not read the warning.
| ||||||
| 24 | (d) If the person refuses testing or submits to a test that | ||||||
| 25 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
| 26 | enforcement officer shall
immediately submit a sworn report to | ||||||
| |||||||
| |||||||
| 1 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
| 2 | State certifying that the test or tests were
requested under | ||||||
| 3 | subsection (a) and the person refused to submit to a test or
| ||||||
| 4 | tests or submitted to testing which disclosed an alcohol | ||||||
| 5 | concentration of more
than 0.00. The law enforcement officer | ||||||
| 6 | shall submit the same sworn report when
a person who has been | ||||||
| 7 | issued a school bus driver permit and who was operating a
| ||||||
| 8 | school bus or any other vehicle owned
or operated by or for a | ||||||
| 9 | public or private school, or a school operated by a
religious | ||||||
| 10 | institution, when the vehicle is being used over a regularly
| ||||||
| 11 | scheduled route for the transportation of persons enrolled as | ||||||
| 12 | students in grade
12 or below, in connection with
any activity | ||||||
| 13 | of the entities listed, submits to testing under Section | ||||||
| 14 | 11-501.1
of this Code and the testing discloses an alcohol | ||||||
| 15 | concentration of more than
0.00 and less than the alcohol | ||||||
| 16 | concentration at which driving or being in
actual physical | ||||||
| 17 | control of a motor vehicle is prohibited under paragraph (1) of
| ||||||
| 18 | subsection (a) of Section 11-501.
| ||||||
| 19 | Upon receipt of the sworn report of a law enforcement | ||||||
| 20 | officer, the Secretary
of State shall enter the school bus | ||||||
| 21 | driver permit sanction on the
individual's driving record and | ||||||
| 22 | the sanction shall be effective on the
46th day following the | ||||||
| 23 | date notice of the sanction was given to the person.
| ||||||
| 24 | The law enforcement officer submitting the sworn report | ||||||
| 25 | shall serve immediate
notice of this school bus driver permit | ||||||
| 26 | sanction on the person and the sanction
shall be effective on | ||||||
| |||||||
| |||||||
| 1 | the 46th day following the date notice was given.
| ||||||
| 2 | In cases where the blood alcohol concentration of more than | ||||||
| 3 | 0.00 is
established by a subsequent analysis of blood, other | ||||||
| 4 | bodily substance, or urine, the police officer or
arresting | ||||||
| 5 | agency shall give notice as provided in this Section or by | ||||||
| 6 | deposit in
the United States mail of that notice in an envelope | ||||||
| 7 | with postage prepaid and
addressed to that person at his or her | ||||||
| 8 | last known address and the loss of the
school
bus driver permit | ||||||
| 9 | shall be effective on the 46th day following the date notice
| ||||||
| 10 | was given.
| ||||||
| 11 | Upon receipt of the sworn report of a law enforcement | ||||||
| 12 | officer, the Secretary
of State shall also give notice of the | ||||||
| 13 | school bus driver permit sanction to the
driver and the | ||||||
| 14 | driver's current employer by mailing a notice of the effective
| ||||||
| 15 | date of the sanction to the individual. However, shall the | ||||||
| 16 | sworn report be
defective by not containing sufficient | ||||||
| 17 | information or be completed in error,
the notice of the school | ||||||
| 18 | bus driver permit sanction may not be mailed to the
person or | ||||||
| 19 | his current employer or entered to the driving record,
but | ||||||
| 20 | rather the sworn report shall be returned to the issuing law | ||||||
| 21 | enforcement
agency.
| ||||||
| 22 | (e) A driver may contest this school bus driver permit | ||||||
| 23 | sanction by
requesting an administrative hearing with the | ||||||
| 24 | Secretary of State in accordance
with Section 2-118 of this | ||||||
| 25 | Code. An individual whose blood alcohol
concentration is shown | ||||||
| 26 | to be more than 0.00 is not subject to this Section if
he or she | ||||||
| |||||||
| |||||||
| 1 | consumed alcohol in the performance of a religious service or
| ||||||
| 2 | ceremony. An individual whose blood alcohol concentration is | ||||||
| 3 | shown to be more
than 0.00 shall not be subject to this Section | ||||||
| 4 | if the individual's blood
alcohol concentration resulted only | ||||||
| 5 | from ingestion of the prescribed or
recommended dosage of | ||||||
| 6 | medicine that contained alcohol. The petition for that
hearing | ||||||
| 7 | shall not stay or delay the effective date of the impending | ||||||
| 8 | suspension.
The scope of this hearing shall be limited to the | ||||||
| 9 | issues of:
| ||||||
| 10 | (1) whether the police officer had probable cause to | ||||||
| 11 | believe that the
person was driving or in actual physical | ||||||
| 12 | control of a school bus
or any other vehicle owned or | ||||||
| 13 | operated by or for a
public or private school, or a
school | ||||||
| 14 | operated by a religious institution, when the vehicle is | ||||||
| 15 | being used
over a regularly scheduled route for the | ||||||
| 16 | transportation of persons enrolled as
students in grade 12 | ||||||
| 17 | or below, in connection with any activity of the entities
| ||||||
| 18 | listed, upon the public highways of the State and the | ||||||
| 19 | police officer had reason
to believe that the person was in | ||||||
| 20 | violation of any provision of this
Code or a similar | ||||||
| 21 | provision of a local ordinance; and
| ||||||
| 22 | (2) whether the person was issued a Uniform Traffic | ||||||
| 23 | Ticket for any
violation of this Code or a similar | ||||||
| 24 | provision of a local
ordinance; and
| ||||||
| 25 | (3) whether the police officer had probable cause to | ||||||
| 26 | believe that the
driver had
consumed any amount of an | ||||||
| |||||||
| |||||||
| 1 | alcoholic beverage based upon the driver's
physical | ||||||
| 2 | actions or other first-hand knowledge of the police | ||||||
| 3 | officer; and
| ||||||
| 4 | (4) whether the person, after being advised by the | ||||||
| 5 | officer that the
privilege to possess a school bus driver | ||||||
| 6 | permit would be canceled if the person
refused to submit to | ||||||
| 7 | and complete the test or tests, did refuse to submit to or
| ||||||
| 8 | complete the test or tests to determine the person's | ||||||
| 9 | alcohol concentration; and
| ||||||
| 10 | (5) whether the person, after being advised by the | ||||||
| 11 | officer that the
privileges to possess a school bus driver | ||||||
| 12 | permit would be canceled if the
person submits to a | ||||||
| 13 | chemical test or tests and the test or tests disclose an
| ||||||
| 14 | alcohol concentration of more than 0.00 and
the person did | ||||||
| 15 | submit to and complete the test or tests that determined an
| ||||||
| 16 | alcohol concentration of more than 0.00; and
| ||||||
| 17 | (6) whether the test result of an alcohol concentration | ||||||
| 18 | of more than 0.00
was based upon the person's consumption | ||||||
| 19 | of alcohol in the performance of a
religious service or | ||||||
| 20 | ceremony; and
| ||||||
| 21 | (7) whether the test result of an alcohol concentration | ||||||
| 22 | of more than 0.00
was based upon the person's consumption | ||||||
| 23 | of alcohol through ingestion of the
prescribed or | ||||||
| 24 | recommended dosage of medicine.
| ||||||
| 25 | The Secretary of State may adopt administrative rules | ||||||
| 26 | setting forth
circumstances under which the holder of a school | ||||||
| |||||||
| |||||||
| 1 | bus driver permit is not
required to
appear in
person at the | ||||||
| 2 | hearing.
| ||||||
| 3 | Provided that the petitioner may subpoena the officer, the | ||||||
| 4 | hearing may be
conducted upon a review of the law enforcement | ||||||
| 5 | officer's own official
reports. Failure of the officer to | ||||||
| 6 | answer the subpoena shall be grounds for a
continuance if, in | ||||||
| 7 | the hearing officer's discretion, the continuance is
| ||||||
| 8 | appropriate. At the conclusion of the hearing held under | ||||||
| 9 | Section 2-118 of this
Code, the Secretary of State may rescind, | ||||||
| 10 | continue, or modify
the school bus driver permit sanction.
| ||||||
| 11 | (f) The results of any chemical testing performed in | ||||||
| 12 | accordance with
subsection (a) of this Section are not | ||||||
| 13 | admissible in any civil or criminal
proceeding, except that the | ||||||
| 14 | results
of the testing may be considered at a hearing held | ||||||
| 15 | under Section 2-118 of this
Code. However, the results of the | ||||||
| 16 | testing may not be used to impose
driver's license sanctions | ||||||
| 17 | under Section 11-501.1 of this Code. A law
enforcement officer | ||||||
| 18 | may, however, pursue a statutory summary suspension or | ||||||
| 19 | revocation of
driving privileges under Section 11-501.1 of this | ||||||
| 20 | Code if other physical
evidence or first hand knowledge forms | ||||||
| 21 | the basis of that suspension or revocation.
| ||||||
| 22 | (g) This Section applies only to drivers who have been | ||||||
| 23 | issued a school bus
driver permit in accordance with Section | ||||||
| 24 | 6-106.1 of this Code at the time of
the issuance of the Uniform | ||||||
| 25 | Traffic Ticket for a violation of this
Code or a similar | ||||||
| 26 | provision of a local ordinance, and a chemical test
request is | ||||||
| |||||||
| |||||||
| 1 | made under this Section.
| ||||||
| 2 | (h) The action of the Secretary of State in suspending, | ||||||
| 3 | revoking, canceling,
or denying any license, permit, | ||||||
| 4 | registration, or certificate of title shall be
subject to | ||||||
| 5 | judicial review in the Circuit Court of Sangamon County or in | ||||||
| 6 | the
Circuit Court of Cook County, and the provisions of the | ||||||
| 7 | Administrative Review
Law and its rules are hereby adopted and | ||||||
| 8 | shall apply to and govern every
action for the judicial review | ||||||
| 9 | of final acts or decisions of the Secretary of
State under this | ||||||
| 10 | Section.
| ||||||
| 11 | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16; | ||||||
| 12 | 100-513, eff. 1-1-18.)
| ||||||
| 13 | (625 ILCS 5/6-107.5) | ||||||
| 14 | Sec. 6-107.5. Adult Driver Education Course. | ||||||
| 15 | (a) The Secretary shall establish by rule the curriculum | ||||||
| 16 | and designate the materials to be used in an adult driver | ||||||
| 17 | education course. The course shall be at least 6 hours in | ||||||
| 18 | length and shall include instruction on traffic laws; highway | ||||||
| 19 | signs, signals, and markings that regulate, warn, or direct | ||||||
| 20 | traffic; and issues commonly associated with motor vehicle | ||||||
| 21 | accidents including poor decision-making, risk taking, | ||||||
| 22 | impaired driving, distraction, speed, failure to use a safety | ||||||
| 23 | belt, driving at night, failure to yield the right-of-way, | ||||||
| 24 | texting while driving, using wireless communication devices, | ||||||
| 25 | and alcohol and drug awareness. The curriculum shall not | ||||||
| |||||||
| |||||||
| 1 | require the operation of a motor vehicle. | ||||||
| 2 | (b) The Secretary shall certify course providers. The | ||||||
| 3 | requirements to be a certified course provider, the process for | ||||||
| 4 | applying for certification, and the procedure for decertifying | ||||||
| 5 | a course provider shall be established by rule. | ||||||
| 6 | (b-5) In order to qualify for certification as an adult | ||||||
| 7 | driver education course provider, each applicant must | ||||||
| 8 | authorize an investigation that includes a fingerprint-based | ||||||
| 9 | background check to determine if the applicant has ever been | ||||||
| 10 | convicted of a criminal offense and, if so, the disposition of | ||||||
| 11 | any conviction. This authorization shall indicate the scope of | ||||||
| 12 | the inquiry and the agencies that may be contacted. Upon | ||||||
| 13 | receiving this authorization, the Secretary of State may | ||||||
| 14 | request and receive information and assistance from any | ||||||
| 15 | federal, State, or local governmental agency as part of the | ||||||
| 16 | authorized investigation. Each applicant shall submit his or | ||||||
| 17 | her fingerprints to the Illinois Department of State Police in | ||||||
| 18 | the form and manner prescribed by the Illinois Department of | ||||||
| 19 | State Police. These fingerprints shall be checked against | ||||||
| 20 | fingerprint records now and hereafter filed in the Illinois | ||||||
| 21 | Department of State Police and Federal Bureau of Investigation | ||||||
| 22 | criminal history record databases. The Illinois Department of | ||||||
| 23 | State Police shall charge applicants a fee for conducting the | ||||||
| 24 | criminal history record check, which shall be deposited into | ||||||
| 25 | the State Police Services Fund and shall not exceed the actual | ||||||
| 26 | cost of the State and national criminal history record check. | ||||||
| |||||||
| |||||||
| 1 | The Illinois Department of State Police shall furnish, pursuant | ||||||
| 2 | to positive identification, records of Illinois criminal | ||||||
| 3 | convictions to the Secretary and shall forward the national | ||||||
| 4 | criminal history record information to the Secretary. | ||||||
| 5 | Applicants shall pay any other fingerprint-related fees. | ||||||
| 6 | Unless otherwise prohibited by law, the information derived | ||||||
| 7 | from the investigation, including the source of the information | ||||||
| 8 | and any conclusions or recommendations derived from the | ||||||
| 9 | information by the Secretary of State, shall be provided to the | ||||||
| 10 | applicant upon request to the Secretary of State prior to any | ||||||
| 11 | final action by the Secretary of State on the application. Any | ||||||
| 12 | criminal conviction information obtained by the Secretary of | ||||||
| 13 | State shall be confidential and may not be transmitted outside | ||||||
| 14 | the Office of the Secretary of State, except as required by | ||||||
| 15 | this subsection (b-5), and may not be transmitted to anyone | ||||||
| 16 | within the Office of the Secretary of State except as needed | ||||||
| 17 | for the purpose of evaluating the applicant. At any | ||||||
| 18 | administrative hearing held under Section 2-118 of this Code | ||||||
| 19 | relating to the denial, cancellation, suspension, or | ||||||
| 20 | revocation of certification of an adult driver education course | ||||||
| 21 | provider, the Secretary of State may utilize at that hearing | ||||||
| 22 | any criminal history, criminal conviction, and disposition | ||||||
| 23 | information obtained under this subsection (b-5). The | ||||||
| 24 | information obtained from the investigation may be maintained | ||||||
| 25 | by the Secretary of State or any agency to which the | ||||||
| 26 | information was transmitted. Only information and standards | ||||||
| |||||||
| |||||||
| 1 | which bear a reasonable and rational relation to the | ||||||
| 2 | performance of providing adult driver education shall be used | ||||||
| 3 | by the Secretary of State. Any employee of the Secretary of | ||||||
| 4 | State who gives or causes to be given away any confidential | ||||||
| 5 | information concerning any criminal convictions or disposition | ||||||
| 6 | of criminal convictions of an applicant shall be guilty of a | ||||||
| 7 | Class A misdemeanor unless release of the information is | ||||||
| 8 | authorized by this Section. | ||||||
| 9 | (c) The Secretary may permit a course provider to offer the | ||||||
| 10 | course online, if the Secretary is satisfied the course | ||||||
| 11 | provider has established adequate procedures for verifying: | ||||||
| 12 | (1) the identity of the person taking the course | ||||||
| 13 | online; and | ||||||
| 14 | (2) the person completes the entire course. | ||||||
| 15 | (d) The Secretary shall establish a method of electronic | ||||||
| 16 | verification of a student's successful completion of the | ||||||
| 17 | course. | ||||||
| 18 | (e) The fee charged by the course provider must bear a | ||||||
| 19 | reasonable relationship to the cost of the course. The | ||||||
| 20 | Secretary shall post on the Secretary of State's website a list | ||||||
| 21 | of approved course providers, the fees charged by the | ||||||
| 22 | providers, and contact information for each provider. | ||||||
| 23 | (f) In addition to any other fee charged by the course | ||||||
| 24 | provider, the course provider shall collect a fee of $5 from | ||||||
| 25 | each student to offset the costs incurred by the Secretary in | ||||||
| 26 | administering this program. The $5 shall be submitted to the | ||||||
| |||||||
| |||||||
| 1 | Secretary within 14 days of the day on which it was collected. | ||||||
| 2 | All such fees received by the Secretary shall be deposited in | ||||||
| 3 | the Secretary of State Driver Services Administration Fund.
| ||||||
| 4 | (Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15.)
| ||||||
| 5 | (625 ILCS 5/6-112) (from Ch. 95 1/2, par. 6-112)
| ||||||
| 6 | Sec. 6-112.
License and Permits to be carried and exhibited | ||||||
| 7 | on
demand. Every licensee or permittee shall have his drivers | ||||||
| 8 | license or permit
in his immediate possession at all times when | ||||||
| 9 | operating a motor vehicle
and, for the purpose of indicating | ||||||
| 10 | compliance with this requirement,
shall display such license or | ||||||
| 11 | permit if it is in his possession upon
demand made, when in | ||||||
| 12 | uniform or displaying a badge or other sign of
authority, by a | ||||||
| 13 | member of the Illinois State Police, a sheriff or other police
| ||||||
| 14 | officer or designated agent of the Secretary of State. However, | ||||||
| 15 | no
person charged with violating this Section shall be | ||||||
| 16 | convicted if he
produces in court satisfactory evidence that a | ||||||
| 17 | drivers license was theretofore
theretofor issued to him and | ||||||
| 18 | was valid at the time of his arrest.
| ||||||
| 19 | For the purposes of this Section, "display" means the | ||||||
| 20 | manual
surrender of his license certificate into the hands of | ||||||
| 21 | the
demanding officer for his inspection thereof.
| ||||||
| 22 | (Source: P.A. 76-1749.)
| ||||||
| 23 | (625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
| ||||||
| 24 | Sec. 6-402. Qualifications of driver training schools. In | ||||||
| |||||||
| |||||||
| 1 | order to
qualify for a license to operate a driver training | ||||||
| 2 | school, each applicant must:
| ||||||
| 3 | (a) be of good moral character;
| ||||||
| 4 | (b) be at least 21 years of age;
| ||||||
| 5 | (c) maintain an established place of business open to | ||||||
| 6 | the public which
meets the requirements of Section 6-403 | ||||||
| 7 | through 6-407;
| ||||||
| 8 | (d) maintain bodily injury and property damage | ||||||
| 9 | liability insurance on
motor vehicles while used in driving | ||||||
| 10 | instruction, insuring the liability of
the driving school, | ||||||
| 11 | the driving instructors and any person taking
instruction | ||||||
| 12 | in at least the following amounts: $50,000 for bodily | ||||||
| 13 | injury to
or death of one person in any one accident and, | ||||||
| 14 | subject to said limit for
one person, $100,000 for bodily | ||||||
| 15 | injury to or death of 2 or more persons in
any one accident | ||||||
| 16 | and the amount of $10,000 for damage to property of others
| ||||||
| 17 | in any one accident. Evidence of such insurance coverage in | ||||||
| 18 | the form of a
certificate from the insurance carrier shall | ||||||
| 19 | be filed with the Secretary of
State, and such certificate | ||||||
| 20 | shall stipulate that the insurance shall not be
cancelled | ||||||
| 21 | except upon 10 days prior written notice to the Secretary | ||||||
| 22 | of
State. The decal showing evidence of insurance shall be | ||||||
| 23 | affixed to the
windshield of the vehicle;
| ||||||
| 24 | (e) provide a continuous surety company bond in the | ||||||
| 25 | principal sum of
$10,000 for a non-accredited school, | ||||||
| 26 | $40,000 for a CDL or teenage accredited school, $60,000 for | ||||||
| |||||||
| |||||||
| 1 | a CDL accredited and teenage accredited school, $50,000 for | ||||||
| 2 | a CDL or teenage accredited school with 3 or more licensed | ||||||
| 3 | branches, $70,000 for a CDL accredited and teenage | ||||||
| 4 | accredited school with 3 or more licensed branches for the | ||||||
| 5 | protection of the contractual rights of
students in such
| ||||||
| 6 | form as will meet with the approval of the Secretary of | ||||||
| 7 | State and written
by a company authorized to do business in | ||||||
| 8 | this State. However, the
aggregate liability of the surety | ||||||
| 9 | for all breaches of the condition of the
bond in no event | ||||||
| 10 | shall exceed the principal sum of $10,000 for a | ||||||
| 11 | non-accredited school, $40,000 for a CDL or teenage | ||||||
| 12 | accredited school, $60,000 for a CDL accredited and teenage | ||||||
| 13 | accredited school, $50,000 for a CDL or teenage accredited | ||||||
| 14 | school with 3 or more licensed branches, $70,000 for a CDL | ||||||
| 15 | accredited and teenage accredited school with 3 or more | ||||||
| 16 | licensed branches. The
surety on
any such bond may cancel | ||||||
| 17 | such bond on giving 30 days notice thereof in
writing to | ||||||
| 18 | the Secretary of State and shall be relieved of liability | ||||||
| 19 | for
any breach of any conditions of the bond which occurs | ||||||
| 20 | after the effective
date of cancellation;
| ||||||
| 21 | (f) have the equipment necessary to the giving of | ||||||
| 22 | proper instruction in
the operation of motor vehicles;
| ||||||
| 23 | (g) have and use a business telephone listing for all | ||||||
| 24 | business
purposes;
| ||||||
| 25 | (h) pay to the Secretary of State an application fee of
| ||||||
| 26 | $500 and $50 for each branch application; and
| ||||||
| |||||||
| |||||||
| 1 | (i) authorize an investigation to include a | ||||||
| 2 | fingerprint based background
check
to determine if the | ||||||
| 3 | applicant has ever been convicted of a crime and if so, the
| ||||||
| 4 | disposition of those convictions. The authorization shall | ||||||
| 5 | indicate the scope
of
the inquiry and the agencies that may | ||||||
| 6 | be contacted. Upon this authorization,
the
Secretary of | ||||||
| 7 | State may request and receive information and assistance | ||||||
| 8 | from any
federal, State, or local governmental agency as | ||||||
| 9 | part of the authorized
investigation. Each applicant shall | ||||||
| 10 | have his or her fingerprints submitted to
the Illinois | ||||||
| 11 | Department of State Police in the form and manner | ||||||
| 12 | prescribed by the
Illinois Department of State Police. The | ||||||
| 13 | fingerprints shall be checked against the
Illinois | ||||||
| 14 | Department of State Police and Federal Bureau of | ||||||
| 15 | Investigation criminal history
record information | ||||||
| 16 | databases. The Illinois Department of State Police shall | ||||||
| 17 | charge a fee for conducting the criminal history records | ||||||
| 18 | check,
which shall be deposited in the State Police | ||||||
| 19 | Services Fund and shall not exceed
the actual cost of the | ||||||
| 20 | records check. The applicant shall be required to pay
all
| ||||||
| 21 | related fingerprint fees including, but not limited to, the | ||||||
| 22 | amounts established
by the Illinois Department of State | ||||||
| 23 | Police and the Federal Bureau of Investigation to
process | ||||||
| 24 | fingerprint based criminal background investigations. The | ||||||
| 25 | Illinois Department of State Police shall provide | ||||||
| 26 | information concerning any criminal convictions and
| ||||||
| |||||||
| |||||||
| 1 | disposition of criminal convictions brought against the | ||||||
| 2 | applicant upon request
of the Secretary
of State provided | ||||||
| 3 | that the request is made in the form and manner required by
| ||||||
| 4 | the Illinois
Department of the State Police. Unless | ||||||
| 5 | otherwise prohibited by law, the
information derived from | ||||||
| 6 | the investigation including the source of the
information | ||||||
| 7 | and any conclusions or recommendations derived from the
| ||||||
| 8 | information by the Secretary of State shall be provided to | ||||||
| 9 | the applicant, or
his
designee, upon request to the | ||||||
| 10 | Secretary of State, prior to any final action by
the | ||||||
| 11 | Secretary of State on the application. Any criminal | ||||||
| 12 | convictions and
disposition information obtained by the | ||||||
| 13 | Secretary of State shall be
confidential
and may not be | ||||||
| 14 | transmitted outside the Office of the Secretary of State, | ||||||
| 15 | except
as required herein, and may not be transmitted to | ||||||
| 16 | anyone within the Office of
the Secretary of State except | ||||||
| 17 | as needed for the purpose of evaluating the
applicant. At | ||||||
| 18 | any administrative hearing held under Section 2-118 of this | ||||||
| 19 | Code relating to the denial, cancellation, suspension, or | ||||||
| 20 | revocation of a driver training school license, the | ||||||
| 21 | Secretary of State is authorized to utilize at that hearing | ||||||
| 22 | any criminal histories, criminal convictions, and | ||||||
| 23 | disposition information obtained under this Section. The | ||||||
| 24 | information obtained from the investigation may be | ||||||
| 25 | maintained
by the Secretary of State or any agency to which | ||||||
| 26 | the information was
transmitted.
Only information and | ||||||
| |||||||
| |||||||
| 1 | standards, which bear a reasonable and rational relation
to
| ||||||
| 2 | the performance of a driver training school owner, shall be | ||||||
| 3 | used by the
Secretary of State. Any employee of the | ||||||
| 4 | Secretary of State who gives or causes
to be given away any | ||||||
| 5 | confidential information concerning any criminal charges
| ||||||
| 6 | or disposition of criminal charges of an applicant shall be | ||||||
| 7 | guilty of a Class A
misdemeanor,
unless release of the | ||||||
| 8 | information is authorized by this Section.
| ||||||
| 9 | No license shall be issued under this Section to a person | ||||||
| 10 | who is a
spouse, offspring, sibling, parent, grandparent, | ||||||
| 11 | grandchild, uncle or aunt,
nephew or niece, cousin, or in-law | ||||||
| 12 | of the person whose license to do
business at that location has | ||||||
| 13 | been revoked or denied or to a person who was
an officer or | ||||||
| 14 | employee of a business firm that has had its license revoked
or | ||||||
| 15 | denied, unless the Secretary of State is satisfied the | ||||||
| 16 | application was
submitted in good faith and not for the purpose | ||||||
| 17 | or effect of defeating the
intent of this Code.
| ||||||
| 18 | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; | ||||||
| 19 | 96-1062, eff. 7-14-10; 97-333, eff. 8-12-11; 97-835, eff. | ||||||
| 20 | 7-20-12.)
| ||||||
| 21 | (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
| ||||||
| 22 | Sec. 6-411. Qualifications of Driver Training Instructors. | ||||||
| 23 | In order to
qualify for a license as an instructor for a | ||||||
| 24 | driving school, an applicant must:
| ||||||
| 25 | (a) Be of good moral character;
| ||||||
| |||||||
| |||||||
| 1 | (b) Authorize an investigation to include a | ||||||
| 2 | fingerprint based background
check to determine if the | ||||||
| 3 | applicant has ever
been convicted of a crime and if so, the | ||||||
| 4 | disposition of those convictions;
this authorization shall | ||||||
| 5 | indicate the scope of the inquiry and the agencies
which | ||||||
| 6 | may be contacted. Upon this authorization the Secretary of | ||||||
| 7 | State
may request and receive information and assistance | ||||||
| 8 | from any federal, state
or local governmental agency as | ||||||
| 9 | part of the authorized investigation.
Each applicant shall | ||||||
| 10 | submit his or her fingerprints to
the Illinois Department | ||||||
| 11 | of State Police in the form and manner prescribed by the | ||||||
| 12 | Illinois Department of State Police. These fingerprints | ||||||
| 13 | shall be checked against the fingerprint records now
and | ||||||
| 14 | hereafter filed in the Illinois Department of State Police | ||||||
| 15 | and Federal Bureau of Investigation criminal history | ||||||
| 16 | records
databases. The Illinois Department of State Police | ||||||
| 17 | shall charge
a fee for conducting the criminal history | ||||||
| 18 | records check, which shall be
deposited in the State Police | ||||||
| 19 | Services Fund and shall not exceed the actual
cost of the | ||||||
| 20 | records check. The applicant shall be required to pay all | ||||||
| 21 | related
fingerprint fees including, but not limited to, the | ||||||
| 22 | amounts established by the
Illinois Department of State | ||||||
| 23 | Police and the Federal Bureau of Investigation to process
| ||||||
| 24 | fingerprint based criminal background investigations.
The
| ||||||
| 25 | Illinois Department of State Police shall provide | ||||||
| 26 | information concerning any criminal
convictions, and their | ||||||
| |||||||
| |||||||
| 1 | disposition, brought against the applicant upon request
of | ||||||
| 2 | the Secretary of State when the request is made in the form | ||||||
| 3 | and manner
required by the Illinois Department of State | ||||||
| 4 | Police. Unless otherwise prohibited by
law, the | ||||||
| 5 | information derived
from this investigation including the | ||||||
| 6 | source of this information, and any
conclusions or | ||||||
| 7 | recommendations derived from this information by the | ||||||
| 8 | Secretary
of State shall be provided to the applicant, or | ||||||
| 9 | his designee, upon request
to the Secretary of State, prior | ||||||
| 10 | to any final action by the
Secretary of State on the | ||||||
| 11 | application. At any administrative hearing held under | ||||||
| 12 | Section 2-118 of this Code relating to the denial, | ||||||
| 13 | cancellation, suspension, or revocation of a driver | ||||||
| 14 | training school license, the Secretary of State is | ||||||
| 15 | authorized to utilize at that hearing any criminal | ||||||
| 16 | histories, criminal convictions, and disposition | ||||||
| 17 | information obtained under this Section. Any criminal
| ||||||
| 18 | convictions and their disposition information obtained by | ||||||
| 19 | the Secretary
of State shall be confidential and may not be | ||||||
| 20 | transmitted outside the Office
of the Secretary of State, | ||||||
| 21 | except as required herein, and may not be
transmitted to | ||||||
| 22 | anyone within the Office of the Secretary of State except | ||||||
| 23 | as
needed for
the purpose of evaluating the applicant. The | ||||||
| 24 | information obtained from this
investigation may be | ||||||
| 25 | maintained by the
Secretary of State or
any agency to which | ||||||
| 26 | such information was
transmitted. Only information
and | ||||||
| |||||||
| |||||||
| 1 | standards which bear a reasonable and rational relation to | ||||||
| 2 | the performance
of a driver training instructor shall be | ||||||
| 3 | used by the Secretary of State.
Any employee of the | ||||||
| 4 | Secretary of State who gives or causes to be given away
any | ||||||
| 5 | confidential information concerning any
criminal charges | ||||||
| 6 | and their disposition of an applicant shall be guilty of
a | ||||||
| 7 | Class A misdemeanor unless release of such information is | ||||||
| 8 | authorized by this
Section;
| ||||||
| 9 | (c) Pass such examination as the Secretary of State | ||||||
| 10 | shall require on (1)
traffic laws, (2) safe driving | ||||||
| 11 | practices, (3) operation of motor vehicles,
and (4) | ||||||
| 12 | qualifications of teacher;
| ||||||
| 13 | (d) Be physically able to operate safely a motor | ||||||
| 14 | vehicle and to train
others in the operation of motor | ||||||
| 15 | vehicles. An instructors license application
must be | ||||||
| 16 | accompanied by a medical examination report completed by a | ||||||
| 17 | competent
physician licensed to practice in the State of | ||||||
| 18 | Illinois;
| ||||||
| 19 | (e) Hold a valid Illinois drivers license;
| ||||||
| 20 | (f) Have graduated from an accredited high school after | ||||||
| 21 | at least 4 years
of high school education or the | ||||||
| 22 | equivalent; and
| ||||||
| 23 | (g) Pay to the Secretary of State an application and | ||||||
| 24 | license fee of $70.
| ||||||
| 25 | If a driver training school class room instructor teaches | ||||||
| 26 | an approved driver
education course, as defined in Section | ||||||
| |||||||
| |||||||
| 1 | 1-103 of this Code, to students
under 18 years of age, he or | ||||||
| 2 | she shall furnish to
the Secretary of State a certificate | ||||||
| 3 | issued by the State Board of Education
that the said instructor | ||||||
| 4 | is qualified and meets the minimum educational
standards for | ||||||
| 5 | teaching driver education courses in the local public or
| ||||||
| 6 | parochial school systems, except that no State Board of | ||||||
| 7 | Education certification
shall be required of any instructor who | ||||||
| 8 | teaches exclusively in a
commercial driving school. On and | ||||||
| 9 | after July 1, 1986, the existing
rules and regulations of the | ||||||
| 10 | State
Board of Education concerning commercial driving schools | ||||||
| 11 | shall continue to
remain in effect but shall be administered by | ||||||
| 12 | the Secretary of State until
such time as the Secretary of | ||||||
| 13 | State shall amend or repeal the rules in
accordance with the | ||||||
| 14 | Illinois Administrative Procedure Act. Upon request,
the | ||||||
| 15 | Secretary of State shall issue a certificate of completion to a | ||||||
| 16 | student
under 18 years of age who has completed an approved | ||||||
| 17 | driver education course
at a commercial driving school.
| ||||||
| 18 | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-835, | ||||||
| 19 | eff. 7-20-12.)
| ||||||
| 20 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
| 21 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
| 22 | qualification standards.
| ||||||
| 23 | (a) Testing.
| ||||||
| 24 | (1) General. No person shall be issued an original or | ||||||
| 25 | renewal CDL
unless that person is
domiciled in this State | ||||||
| |||||||
| |||||||
| 1 | or is applying for a non-domiciled CDL under Sections 6-509 | ||||||
| 2 | and 6-510 of this Code. The Secretary shall cause to be | ||||||
| 3 | administered such
tests as the Secretary deems necessary to | ||||||
| 4 | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | ||||||
| 5 | H, and J.
| ||||||
| 6 | (1.5) Effective July 1, 2014, no person shall be issued | ||||||
| 7 | an original CDL or an upgraded CDL that requires a skills | ||||||
| 8 | test unless that person has held a CLP, for a minimum of 14 | ||||||
| 9 | calendar days, for the classification of vehicle and | ||||||
| 10 | endorsement, if any, for which the person is seeking a CDL. | ||||||
| 11 | (2) Third party testing. The Secretary of State may | ||||||
| 12 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
| 13 | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
| ||||||
| 14 | skills test or tests specified by the Federal Motor Carrier | ||||||
| 15 | Safety
Administration pursuant to the
Commercial Motor | ||||||
| 16 | Vehicle Safety Act of 1986 and any appropriate federal | ||||||
| 17 | rule.
| ||||||
| 18 | (3)(i) Effective February 7, 2020, unless the person is | ||||||
| 19 | exempted by 49 CFR 380.603, no person shall be issued an | ||||||
| 20 | original (first time issuance) CDL, an upgraded CDL or a | ||||||
| 21 | school bus (S), passenger (P), or hazardous Materials (H) | ||||||
| 22 | endorsement unless the person has successfully completed | ||||||
| 23 | entry-level driver training (ELDT) taught by a training | ||||||
| 24 | provider listed on the federal Training Provider Registry. | ||||||
| 25 | (ii) Persons who obtain a CLP before February 7, 2020 | ||||||
| 26 | are not required to complete ELDT if the person obtains a | ||||||
| |||||||
| |||||||
| 1 | CDL before the CLP or renewed CLP expires. | ||||||
| 2 | (iii) Except for persons seeking the H endorsement, | ||||||
| 3 | persons must complete the theory and behind-the-wheel | ||||||
| 4 | (range and public road) portions of ELDT within one year of | ||||||
| 5 | completing the first portion. | ||||||
| 6 | (iv) The Secretary shall adopt rules to implement this | ||||||
| 7 | subsection.
| ||||||
| 8 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
| 9 | the skills
test specified in this Section for a driver | ||||||
| 10 | applicant for a commercial driver license
who meets the | ||||||
| 11 | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | ||||||
| 12 | waive the skills tests specified in this Section for a driver | ||||||
| 13 | applicant who has military commercial motor vehicle | ||||||
| 14 | experience, subject to the requirements of 49 C.F.R. 383.77.
| ||||||
| 15 | (b-1) No person shall be issued a CDL unless the person | ||||||
| 16 | certifies to the Secretary one of the following types of | ||||||
| 17 | driving operations in which he or she will be engaged: | ||||||
| 18 | (1) non-excepted interstate; | ||||||
| 19 | (2) non-excepted intrastate; | ||||||
| 20 | (3) excepted interstate; or | ||||||
| 21 | (4) excepted intrastate. | ||||||
| 22 | (b-2) (Blank). | ||||||
| 23 | (c) Limitations on issuance of a CDL. A CDL shall not be | ||||||
| 24 | issued to a person while the person is
subject to a | ||||||
| 25 | disqualification from driving a commercial motor vehicle, or
| ||||||
| 26 | unless otherwise permitted by this Code, while the person's | ||||||
| |||||||
| |||||||
| 1 | driver's
license is suspended, revoked or cancelled in
any | ||||||
| 2 | state, or any territory or province of Canada; nor may a CLP or | ||||||
| 3 | CDL be issued
to a person who has a CLP or CDL issued by any | ||||||
| 4 | other state, or foreign
jurisdiction, nor may a CDL be issued | ||||||
| 5 | to a person who has an Illinois CLP unless the person first | ||||||
| 6 | surrenders all of these
licenses or permits. However, a person | ||||||
| 7 | may hold an Illinois CLP and an Illinois CDL providing the CLP | ||||||
| 8 | is necessary to train or practice for an endorsement or vehicle | ||||||
| 9 | classification not present on the current CDL. No CDL shall be | ||||||
| 10 | issued to or renewed for a person who does not
meet the | ||||||
| 11 | requirement of 49 CFR 391.41(b)(11). The requirement may be met | ||||||
| 12 | with
the aid of a hearing aid.
| ||||||
| 13 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
| 14 | driver endorsement
to allow a person to drive the type of bus | ||||||
| 15 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
| 16 | The CDL with a school bus driver endorsement may be
issued only | ||||||
| 17 | to a person meeting the following requirements:
| ||||||
| 18 | (1) the person has submitted his or her fingerprints to | ||||||
| 19 | the Illinois
Department of State Police in the form and | ||||||
| 20 | manner
prescribed by the Illinois Department of State | ||||||
| 21 | Police. These
fingerprints shall be checked against the | ||||||
| 22 | fingerprint records
now and hereafter filed in the Illinois | ||||||
| 23 | Department of State Police and
Federal Bureau of | ||||||
| 24 | Investigation criminal history records databases;
| ||||||
| 25 | (2) the person has passed a written test, administered | ||||||
| 26 | by the Secretary of
State, on charter bus operation, | ||||||
| |||||||
| |||||||
| 1 | charter bus safety, and certain special
traffic laws
| ||||||
| 2 | relating to school buses determined by the Secretary of | ||||||
| 3 | State to be relevant to
charter buses, and submitted to a | ||||||
| 4 | review of the driver applicant's driving
habits by the | ||||||
| 5 | Secretary of State at the time the written test is given;
| ||||||
| 6 | (3) the person has demonstrated physical fitness to | ||||||
| 7 | operate school buses
by
submitting the results of a medical | ||||||
| 8 | examination, including tests for drug
use; and
| ||||||
| 9 | (4) the person has not been convicted of committing or | ||||||
| 10 | attempting
to commit any
one or more of the following | ||||||
| 11 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
| 12 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
| 13 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
| 14 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||||||
| 15 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
| 16 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
| 17 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
| 18 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
| 19 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||||||
| 20 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
| 21 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
| 22 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
| 23 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||||||
| 24 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| ||||||
| 25 | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
| 26 | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||||||
| |||||||
| |||||||
| 1 | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||||||
| 2 | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||||||
| 3 | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||||||
| 4 | Section 12-3.05, and in subsection (a) and subsection (b), | ||||||
| 5 | clause (1), of Section
12-4, and in subsection (A), clauses | ||||||
| 6 | (a) and (b), of Section 24-3, and those offenses contained | ||||||
| 7 | in Article 29D of the Criminal Code of 1961 or the Criminal | ||||||
| 8 | Code of 2012; (ii) those offenses defined in the
Cannabis | ||||||
| 9 | Control Act except those offenses defined in subsections | ||||||
| 10 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
| 11 | of the Cannabis Control
Act; (iii) those offenses defined | ||||||
| 12 | in the Illinois Controlled Substances
Act; (iv) those | ||||||
| 13 | offenses defined in the Methamphetamine Control and | ||||||
| 14 | Community Protection Act; (v) any offense committed or | ||||||
| 15 | attempted in any other state or against
the laws of the | ||||||
| 16 | United States, which if committed or attempted in this
| ||||||
| 17 | State would be punishable as one or more of the foregoing | ||||||
| 18 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
| 19 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
| 20 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
| 21 | those offenses defined in Section 6-16 of the Liquor | ||||||
| 22 | Control Act of
1934; and (viii) those offenses defined in | ||||||
| 23 | the Methamphetamine Precursor Control Act.
| ||||||
| 24 | The Illinois Department of State Police shall charge
a fee | ||||||
| 25 | for conducting the criminal history records check, which shall | ||||||
| 26 | be
deposited into the State Police Services Fund and may not | ||||||
| |||||||
| |||||||
| 1 | exceed the actual
cost of the records check.
| ||||||
| 2 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
| 3 | endorsement to allow a person to drive a school bus as defined | ||||||
| 4 | in this Section. The CDL shall be issued according to the | ||||||
| 5 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
| 6 | operate a school bus as defined in this Section without a | ||||||
| 7 | school bus endorsement. The Secretary of State may adopt rules | ||||||
| 8 | consistent with Federal guidelines to implement this | ||||||
| 9 | subsection (c-2).
| ||||||
| 10 | (d) (Blank).
| ||||||
| 11 | (Source: P.A. 101-185, eff. 1-1-20.)
| ||||||
| 12 | (625 ILCS 5/8-115) (from Ch. 95 1/2, par. 8-115)
| ||||||
| 13 | Sec. 8-115. Display of certificate-Enforcement. The | ||||||
| 14 | certificate issued pursuant to Section 8-114 shall be displayed | ||||||
| 15 | upon
a window of the motor vehicle for which it was issued, in | ||||||
| 16 | such manner as to
be visible to the passengers carried therein. | ||||||
| 17 | This Section and Section
8-114 shall be enforced by the | ||||||
| 18 | Illinois State Police, the Secretary
of State, and other police | ||||||
| 19 | officers.
| ||||||
| 20 | (Source: P.A. 82-433.)
| ||||||
| 21 | (625 ILCS 5/11-212)
| ||||||
| 22 | Sec. 11-212. Traffic and pedestrian stop statistical | ||||||
| 23 | study.
| ||||||
| 24 | (a) Whenever a State or local law enforcement officer | ||||||
| |||||||
| |||||||
| 1 | issues a
uniform traffic citation or warning citation for an | ||||||
| 2 | alleged
violation of the Illinois Vehicle Code, he or she shall
| ||||||
| 3 | record at least the following:
| ||||||
| 4 | (1) the name, address, gender, and
the officer's | ||||||
| 5 | subjective determination of the race of
the person
stopped; | ||||||
| 6 | the person's race shall be selected from the following | ||||||
| 7 | list:
American Indian or Alaska Native, Asian, Black or | ||||||
| 8 | African American, Hispanic or Latino, Native Hawaiian or | ||||||
| 9 | Other Pacific Islander, or White;
| ||||||
| 10 | (2) the alleged traffic violation that led to the
stop | ||||||
| 11 | of the motorist;
| ||||||
| 12 | (3) the make and year of the vehicle
stopped;
| ||||||
| 13 | (4) the date and time of the stop, beginning when the | ||||||
| 14 | vehicle was stopped and ending when the driver is free to | ||||||
| 15 | leave or taken into physical custody;
| ||||||
| 16 | (5) the location of the traffic stop; | ||||||
| 17 | (5.5) whether or not a consent search contemporaneous | ||||||
| 18 | to the stop was requested of the vehicle, driver, | ||||||
| 19 | passenger, or passengers; and, if so, whether consent was | ||||||
| 20 | given or denied;
| ||||||
| 21 | (6) whether or not a search contemporaneous to the stop | ||||||
| 22 | was conducted of
the
vehicle, driver, passenger, or | ||||||
| 23 | passengers; and, if so, whether it was with
consent or by | ||||||
| 24 | other means; | ||||||
| 25 | (6.2) whether or not a police dog performed a sniff of | ||||||
| 26 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
| |||||||
| |||||||
| 1 | the presence of contraband; and, if so, whether or not an | ||||||
| 2 | officer searched the vehicle; and, if so, whether or not | ||||||
| 3 | contraband was discovered; and, if so, the type and amount | ||||||
| 4 | of contraband; | ||||||
| 5 | (6.5) whether or not contraband was found during a | ||||||
| 6 | search; and, if so, the type and amount of contraband | ||||||
| 7 | seized; and
| ||||||
| 8 | (7) the name and badge number of the issuing officer.
| ||||||
| 9 | (b) Whenever a State or local law enforcement officer stops | ||||||
| 10 | a
motorist for an alleged violation of the Illinois Vehicle | ||||||
| 11 | Code
and does not issue a uniform traffic citation or
warning | ||||||
| 12 | citation for an alleged violation of the Illinois
Vehicle Code, | ||||||
| 13 | he or she shall complete a uniform stop card, which includes
| ||||||
| 14 | field
contact cards, or any other existing form currently used | ||||||
| 15 | by law enforcement
containing
information required pursuant to | ||||||
| 16 | this Act,
that records
at least the following:
| ||||||
| 17 | (1) the name, address, gender,
and
the officer's | ||||||
| 18 | subjective determination of the race of the person
stopped; | ||||||
| 19 | the person's race shall be selected from the following | ||||||
| 20 | list:
American Indian or Alaska Native, Asian, Black or | ||||||
| 21 | African American, Hispanic or Latino, Native Hawaiian or | ||||||
| 22 | Other Pacific Islander, or White;
| ||||||
| 23 | (2) the reason that led to the stop of the
motorist;
| ||||||
| 24 | (3) the make and year of the vehicle
stopped;
| ||||||
| 25 | (4) the date and time of the stop, beginning when the | ||||||
| 26 | vehicle was stopped and ending when the driver is free to | ||||||
| |||||||
| |||||||
| 1 | leave or taken into physical custody;
| ||||||
| 2 | (5) the location of the traffic stop; | ||||||
| 3 | (5.5) whether or not a consent search contemporaneous | ||||||
| 4 | to the stop was requested of the vehicle, driver, | ||||||
| 5 | passenger, or passengers; and, if so, whether consent was | ||||||
| 6 | given or denied;
| ||||||
| 7 | (6) whether or not a search contemporaneous to the stop | ||||||
| 8 | was conducted of
the
vehicle, driver, passenger, or | ||||||
| 9 | passengers; and, if so, whether it was with
consent or by | ||||||
| 10 | other means; | ||||||
| 11 | (6.2) whether or not a police dog performed a sniff of | ||||||
| 12 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
| 13 | the presence of contraband; and, if so, whether or not an | ||||||
| 14 | officer searched the vehicle; and, if so, whether or not | ||||||
| 15 | contraband was discovered; and, if so, the type and amount | ||||||
| 16 | of contraband; | ||||||
| 17 | (6.5) whether or not contraband was found during a | ||||||
| 18 | search; and, if so, the type and amount of contraband | ||||||
| 19 | seized; and
| ||||||
| 20 | (7) the name and badge number of the issuing
officer.
| ||||||
| 21 | (b-5) For purposes of this subsection (b-5), "detention" | ||||||
| 22 | means all frisks, searches, summons, and arrests. Whenever a | ||||||
| 23 | law enforcement officer subjects a pedestrian to detention in a | ||||||
| 24 | public place, he or she shall complete a uniform pedestrian | ||||||
| 25 | stop card, which includes any existing form currently used by | ||||||
| 26 | law enforcement containing all the information required under | ||||||
| |||||||
| |||||||
| 1 | this Section, that records at least the following: | ||||||
| 2 | (1) the gender, and the officer's subjective | ||||||
| 3 | determination of the race of the person stopped; the | ||||||
| 4 | person's race shall be selected from the following list: | ||||||
| 5 | American Indian or Alaska Native, Asian, Black or African | ||||||
| 6 | American, Hispanic or Latino, Native Hawaiian or Other | ||||||
| 7 | Pacific Islander, or White; | ||||||
| 8 | (2) all the alleged reasons that led to the stop of the | ||||||
| 9 | person; | ||||||
| 10 | (3) the date and time of the stop; | ||||||
| 11 | (4) the location of the stop; | ||||||
| 12 | (5) whether or not a protective pat down or frisk was | ||||||
| 13 | conducted of the person; and, if so, all the alleged | ||||||
| 14 | reasons that led to the protective pat down or frisk, and | ||||||
| 15 | whether it was with consent or by other means; | ||||||
| 16 | (6) whether or not contraband was found during the | ||||||
| 17 | protective pat down or frisk; and, if so, the type and | ||||||
| 18 | amount of contraband seized; | ||||||
| 19 | (7) whether or not a search beyond a protective pat | ||||||
| 20 | down or frisk was conducted of the person or his or her | ||||||
| 21 | effects; and, if so, all the alleged reasons that led to | ||||||
| 22 | the search, and whether it was with consent or by other | ||||||
| 23 | means; | ||||||
| 24 | (8) whether or not contraband was found during the | ||||||
| 25 | search beyond a protective pat down or frisk; and, if so, | ||||||
| 26 | the type and amount of contraband seized; | ||||||
| |||||||
| |||||||
| 1 | (9) the disposition of the stop, such as a warning, a | ||||||
| 2 | ticket, a summons, or an arrest; | ||||||
| 3 | (10) if a summons or ticket was issued, or an arrest | ||||||
| 4 | made, a record of the violations, offenses, or crimes | ||||||
| 5 | alleged or charged; and | ||||||
| 6 | (11) the name and badge number of the officer who | ||||||
| 7 | conducted the detention. | ||||||
| 8 | This subsection (b-5) does not apply to searches or | ||||||
| 9 | inspections for compliance authorized under the Fish and | ||||||
| 10 | Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, | ||||||
| 11 | or searches or inspections during routine security screenings | ||||||
| 12 | at facilities or events. | ||||||
| 13 | (c) The Illinois Department of Transportation shall | ||||||
| 14 | provide a
standardized law
enforcement data compilation form on | ||||||
| 15 | its website.
| ||||||
| 16 | (d) Every law enforcement agency shall, by March 1 with | ||||||
| 17 | regard to data collected during July through December of the | ||||||
| 18 | previous calendar year and by August 1 with regard to data | ||||||
| 19 | collected during January through June of the current calendar | ||||||
| 20 | year, compile the data described in subsections (a), (b), and | ||||||
| 21 | (b-5) on
the
standardized law enforcement data compilation form | ||||||
| 22 | provided by the Illinois
Department
of Transportation and | ||||||
| 23 | transmit the data to the Department.
| ||||||
| 24 | (e) The Illinois Department of Transportation shall | ||||||
| 25 | analyze the data
provided
by law
enforcement agencies required | ||||||
| 26 | by this Section and submit a report of the
previous year's
| ||||||
| |||||||
| |||||||
| 1 | findings to the
Governor, the General Assembly, the Racial | ||||||
| 2 | Profiling Prevention and Data Oversight Board, and each law | ||||||
| 3 | enforcement agency no later than
July 1
of each year. The | ||||||
| 4 | Illinois Department of
Transportation may contract with
an | ||||||
| 5 | outside entity for the analysis of the data provided. In | ||||||
| 6 | analyzing the data
collected
under this Section, the analyzing | ||||||
| 7 | entity shall scrutinize the data for evidence
of statistically
| ||||||
| 8 | significant aberrations. The following list, which
is | ||||||
| 9 | illustrative, and not exclusive, contains examples of areas in | ||||||
| 10 | which
statistically
significant aberrations may be found:
| ||||||
| 11 | (1) The percentage of minority drivers, passengers, or | ||||||
| 12 | pedestrians being stopped in a
given
area
is substantially | ||||||
| 13 | higher than the proportion of the overall population in or
| ||||||
| 14 | traveling
through the area that the minority constitutes.
| ||||||
| 15 | (2) A substantial number of false stops including stops | ||||||
| 16 | not resulting in
the
issuance of a traffic ticket or the | ||||||
| 17 | making of an arrest.
| ||||||
| 18 | (3) A disparity between the proportion of citations | ||||||
| 19 | issued to minorities
and
proportion of minorities in the | ||||||
| 20 | population.
| ||||||
| 21 | (4) A disparity among the officers of the same law | ||||||
| 22 | enforcement agency with
regard to the number of minority | ||||||
| 23 | drivers, passengers, or pedestrians being stopped in a | ||||||
| 24 | given
area.
| ||||||
| 25 | (5) A disparity between the frequency of searches | ||||||
| 26 | performed on minority
drivers or pedestrians
and the | ||||||
| |||||||
| |||||||
| 1 | frequency of searches performed on non-minority drivers or | ||||||
| 2 | pedestrians.
| ||||||
| 3 | (f) Any law enforcement officer identification information | ||||||
| 4 | and driver or pedestrian
identification information
that is
| ||||||
| 5 | compiled by any law enforcement agency or the Illinois | ||||||
| 6 | Department of
Transportation
pursuant to this Act for
the | ||||||
| 7 | purposes of fulfilling the requirements of this Section shall | ||||||
| 8 | be
confidential and exempt
from
public inspection and copying, | ||||||
| 9 | as provided under Section 7 of the Freedom of
Information
Act,
| ||||||
| 10 | and the information shall not be transmitted to anyone except | ||||||
| 11 | as needed to
comply with
this Section. This Section shall not | ||||||
| 12 | exempt those materials that, prior to the
effective date of | ||||||
| 13 | this
amendatory Act of the 93rd General Assembly, were | ||||||
| 14 | available under the Freedom
of
Information Act. This subsection | ||||||
| 15 | (f) shall not preclude law enforcement agencies from reviewing | ||||||
| 16 | data to perform internal reviews.
| ||||||
| 17 | (g) Funding to implement this Section shall come from | ||||||
| 18 | federal highway
safety
funds available to Illinois, as directed | ||||||
| 19 | by the Governor.
| ||||||
| 20 | (h) The Illinois Criminal Justice Information Authority, | ||||||
| 21 | in consultation with
law enforcement agencies, officials, and | ||||||
| 22 | organizations, including Illinois
chiefs of police,
the | ||||||
| 23 | Illinois Department of State Police, the Illinois Sheriffs | ||||||
| 24 | Association, and the
Chicago Police
Department, and community | ||||||
| 25 | groups and other experts, shall undertake a study to
determine | ||||||
| 26 | the best use of technology to collect, compile, and analyze the
| ||||||
| |||||||
| |||||||
| 1 | traffic stop
statistical study data required by this Section. | ||||||
| 2 | The Department shall report
its findings
and recommendations to | ||||||
| 3 | the Governor and the General Assembly by March 1, 2022. | ||||||
| 4 | (h-1) The Traffic and Pedestrian Stop Data Use and | ||||||
| 5 | Collection Task Force is hereby created. | ||||||
| 6 | (1) The Task Force shall undertake a study to determine | ||||||
| 7 | the best use of technology to collect, compile, and analyze | ||||||
| 8 | the traffic stop statistical study data required by this | ||||||
| 9 | Section. | ||||||
| 10 | (2) The Task Force shall be an independent Task Force | ||||||
| 11 | under the Illinois Criminal Justice Information Authority | ||||||
| 12 | for administrative purposes, and shall consist of the | ||||||
| 13 | following members: | ||||||
| 14 | (A) 2 academics or researchers who have studied | ||||||
| 15 | issues related to traffic or pedestrian stop data | ||||||
| 16 | collection and have education or expertise in | ||||||
| 17 | statistics; | ||||||
| 18 | (B) one professor from an Illinois university who | ||||||
| 19 | specializes in policing and racial equity; | ||||||
| 20 | (C) one representative from the Illinois State | ||||||
| 21 | Police; | ||||||
| 22 | (D) one representative from the Chicago Police | ||||||
| 23 | Department; | ||||||
| 24 | (E) one representative from the Illinois Chiefs of | ||||||
| 25 | Police; | ||||||
| 26 | (F) one representative from the Illinois Sheriffs | ||||||
| |||||||
| |||||||
| 1 | Association; | ||||||
| 2 | (G) one representative from the Chicago Fraternal | ||||||
| 3 | Order of Police; | ||||||
| 4 | (H) one representative from the Illinois Fraternal | ||||||
| 5 | Order of Police; | ||||||
| 6 | (I) the Executive Director of the American Civil | ||||||
| 7 | Liberties Union of Illinois, or his or her designee; | ||||||
| 8 | and | ||||||
| 9 | (J) 5 representatives from different community | ||||||
| 10 | organizations who specialize in civil or human rights, | ||||||
| 11 | policing, or criminal justice reform work, and that | ||||||
| 12 | represent a range of minority interests or different | ||||||
| 13 | parts of the State. | ||||||
| 14 | (3) The Illinois Criminal Justice Information | ||||||
| 15 | Authority may consult, contract, work in conjunction with, | ||||||
| 16 | and obtain any information from any individual, agency, | ||||||
| 17 | association, or research institution deemed appropriate by | ||||||
| 18 | the Authority. | ||||||
| 19 | (4) The Task Force shall report its findings and | ||||||
| 20 | recommendations to the Governor and the General Assembly by | ||||||
| 21 | March 1, 2022 and every 3 years after. | ||||||
| 22 | (h-5) For purposes of this Section: | ||||||
| 23 | (1) "American Indian or Alaska Native" means a person | ||||||
| 24 | having origins in any of the original peoples of North and | ||||||
| 25 | South America, including Central America, and who | ||||||
| 26 | maintains tribal affiliation or community attachment. | ||||||
| |||||||
| |||||||
| 1 | (2) "Asian" means a person having origins in any of the | ||||||
| 2 | original peoples of the Far East, Southeast Asia, or the | ||||||
| 3 | Indian subcontinent, including, but not limited to, | ||||||
| 4 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
| 5 | the Philippine Islands, Thailand, and Vietnam. | ||||||
| 6 | (2.5) "Badge" means an officer's department issued | ||||||
| 7 | identification number associated with his or her position | ||||||
| 8 | as a police officer with that department. | ||||||
| 9 | (3) "Black or African American" means a person having | ||||||
| 10 | origins in any of the black racial groups of Africa. Terms | ||||||
| 11 | such as "Haitian" or "Negro" can be used in addition to | ||||||
| 12 | "Black or African American". | ||||||
| 13 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
| 14 | Mexican, Puerto Rican, South or Central American, or other | ||||||
| 15 | Spanish culture or origin, regardless of race. | ||||||
| 16 | (5) "Native Hawaiian or Other Pacific Islander" means a | ||||||
| 17 | person having origins in any of the original peoples of | ||||||
| 18 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
| 19 | (6) "White" means a person having origins in any of the | ||||||
| 20 | original peoples of Europe, the Middle East, or North | ||||||
| 21 | Africa. | ||||||
| 22 | (i) (Blank).
| ||||||
| 23 | (Source: P.A. 101-24, eff. 6-21-19.)
| ||||||
| 24 | (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
| ||||||
| 25 | Sec. 11-416. Furnishing
copies - Fees.
The Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State Police may furnish copies of an Illinois
| ||||||
| 2 | State Police Traffic Accident Report that has been investigated | ||||||
| 3 | by the Illinois
State Police and shall be paid a fee of $5 for | ||||||
| 4 | each such
copy, or in the case of an accident which was | ||||||
| 5 | investigated by an accident
reconstruction officer or accident | ||||||
| 6 | reconstruction team, a fee of $20 shall be
paid. These fees | ||||||
| 7 | shall be deposited into the State Police Services Fund.
| ||||||
| 8 | Other State law enforcement agencies or law enforcement | ||||||
| 9 | agencies of
local authorities may furnish copies of traffic | ||||||
| 10 | accident reports
prepared by such agencies and may receive a | ||||||
| 11 | fee not to exceed $5 for each
copy or in the case of an accident | ||||||
| 12 | which was investigated by an accident
reconstruction officer or | ||||||
| 13 | accident reconstruction team, the State or local law
| ||||||
| 14 | enforcement agency may receive a fee not to exceed $20.
| ||||||
| 15 | Any written accident report required or requested to be | ||||||
| 16 | furnished the
Administrator shall be provided without cost or | ||||||
| 17 | fee charges authorized
under this Section or any other | ||||||
| 18 | provision of law.
| ||||||
| 19 | (Source: P.A. 101-571, eff. 8-23-19.)
| ||||||
| 20 | (625 ILCS 5/11-501.01) | ||||||
| 21 | Sec. 11-501.01. Additional administrative sanctions. | ||||||
| 22 | (a) After a finding of guilt and prior to any final | ||||||
| 23 | sentencing or an order for supervision, for an offense based | ||||||
| 24 | upon an arrest for a violation of Section 11-501 or a similar | ||||||
| 25 | provision of a local ordinance, individuals shall be required | ||||||
| |||||||
| |||||||
| 1 | to undergo a professional evaluation to determine if an | ||||||
| 2 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
| 3 | and the extent of the problem, and undergo the imposition of | ||||||
| 4 | treatment as appropriate. Programs conducting these | ||||||
| 5 | evaluations shall be licensed by the Department of Human | ||||||
| 6 | Services. The cost of any professional evaluation shall be paid | ||||||
| 7 | for by the individual required to undergo the professional | ||||||
| 8 | evaluation. | ||||||
| 9 | (b) Any person who is found guilty of or pleads guilty to | ||||||
| 10 | violating Section 11-501, including any person receiving a | ||||||
| 11 | disposition of court supervision for violating that Section, | ||||||
| 12 | may be required by the Court to attend a victim impact panel | ||||||
| 13 | offered by, or under contract with, a county State's Attorney's | ||||||
| 14 | office, a probation and court services department, Mothers | ||||||
| 15 | Against Drunk Driving, or the Alliance Against Intoxicated | ||||||
| 16 | Motorists. All costs generated by the victim impact panel shall | ||||||
| 17 | be paid from fees collected from the offender or as may be | ||||||
| 18 | determined by the court. | ||||||
| 19 | (c) (Blank). | ||||||
| 20 | (d) The Secretary of State shall revoke the driving | ||||||
| 21 | privileges of any person convicted under Section 11-501 or a | ||||||
| 22 | similar provision of a local ordinance. | ||||||
| 23 | (e) The Secretary of State shall require the use of | ||||||
| 24 | ignition interlock devices for a period not less than 5 years | ||||||
| 25 | on all vehicles owned by a person who has been convicted of a | ||||||
| 26 | second or subsequent offense of Section 11-501 or a similar | ||||||
| |||||||
| |||||||
| 1 | provision of a local ordinance. The person must pay to the | ||||||
| 2 | Secretary of State DUI Administration Fund an amount not to | ||||||
| 3 | exceed $30 for each month that he or she uses the device. The | ||||||
| 4 | Secretary shall establish by rule and regulation the procedures | ||||||
| 5 | for certification and use of the interlock system, the amount | ||||||
| 6 | of the fee, and the procedures, terms, and conditions relating | ||||||
| 7 | to these fees. During the time period in which a person is | ||||||
| 8 | required to install an ignition interlock device under this | ||||||
| 9 | subsection (e), that person shall only operate vehicles in | ||||||
| 10 | which ignition interlock devices have been installed, except as | ||||||
| 11 | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of | ||||||
| 12 | this Code. | ||||||
| 13 | (f) (Blank). | ||||||
| 14 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
| 15 | special fund in the State treasury and, subject to | ||||||
| 16 | appropriation, shall be used for enforcement and prevention of | ||||||
| 17 | driving while under the influence of alcohol, other drug or | ||||||
| 18 | drugs, intoxicating compound or compounds or any combination | ||||||
| 19 | thereof, as defined by Section 11-501 of this Code, including, | ||||||
| 20 | but not limited to, the purchase of law enforcement equipment | ||||||
| 21 | and commodities to assist in the prevention of alcohol-related | ||||||
| 22 | criminal violence throughout the State; police officer | ||||||
| 23 | training and education in areas related to alcohol-related | ||||||
| 24 | crime, including, but not limited to, DUI training; and police | ||||||
| 25 | officer salaries, including, but not limited to, salaries for | ||||||
| 26 | hire back funding for safety checkpoints, saturation patrols, | ||||||
| |||||||
| |||||||
| 1 | and liquor store sting operations. | ||||||
| 2 | (h) Whenever an individual is sentenced for an offense | ||||||
| 3 | based upon an arrest for a violation of Section 11-501 or a | ||||||
| 4 | similar provision of a local ordinance, and the professional | ||||||
| 5 | evaluation recommends remedial or rehabilitative treatment or | ||||||
| 6 | education, neither the treatment nor the education shall be the | ||||||
| 7 | sole disposition and either or both may be imposed only in | ||||||
| 8 | conjunction with another disposition. The court shall monitor | ||||||
| 9 | compliance with any remedial education or treatment | ||||||
| 10 | recommendations contained in the professional evaluation. | ||||||
| 11 | Programs conducting alcohol or other drug evaluation or | ||||||
| 12 | remedial education must be licensed by the Department of Human | ||||||
| 13 | Services. If the individual is not a resident of Illinois, | ||||||
| 14 | however, the court may accept an alcohol or other drug | ||||||
| 15 | evaluation or remedial education program in the individual's | ||||||
| 16 | state of residence. Programs providing treatment must be | ||||||
| 17 | licensed under existing applicable alcoholism and drug | ||||||
| 18 | treatment licensure standards. | ||||||
| 19 | (i) (Blank).
| ||||||
| 20 | (j) A person that is subject to a chemical test or tests of | ||||||
| 21 | blood under subsection (a) of Section 11-501.1 or subdivision | ||||||
| 22 | (c)(2) of Section 11-501.2 of this Code, whether or not that | ||||||
| 23 | person consents to testing, shall be liable for the expense up | ||||||
| 24 | to $500 for blood withdrawal by a physician authorized to | ||||||
| 25 | practice medicine, a licensed physician assistant, a licensed | ||||||
| 26 | advanced practice registered nurse, a registered nurse, a | ||||||
| |||||||
| |||||||
| 1 | trained phlebotomist, a licensed paramedic, or a qualified | ||||||
| 2 | person other than a police officer approved by the Illinois | ||||||
| 3 | Department of State Police to withdraw blood, who responds, | ||||||
| 4 | whether at a law enforcement facility or a health care | ||||||
| 5 | facility, to a police department request for the drawing of | ||||||
| 6 | blood based upon refusal of the person to submit to a lawfully | ||||||
| 7 | requested breath test or probable cause exists to believe the | ||||||
| 8 | test would disclose the ingestion, consumption, or use of drugs | ||||||
| 9 | or intoxicating compounds if: | ||||||
| 10 | (1) the person is found guilty of violating Section | ||||||
| 11 | 11-501 of this Code or a similar provision of a local | ||||||
| 12 | ordinance; or | ||||||
| 13 | (2) the person pleads guilty to or stipulates to facts | ||||||
| 14 | supporting a violation of Section 11-503 of this Code or a | ||||||
| 15 | similar provision of a local ordinance when the plea or | ||||||
| 16 | stipulation was the result of a plea agreement in which the | ||||||
| 17 | person was originally charged with violating Section | ||||||
| 18 | 11-501 of this Code or a similar local ordinance. | ||||||
| 19 | (Source: P.A. 100-513, eff. 1-1-18; 100-987, eff. 7-1-19; | ||||||
| 20 | 101-81, eff. 7-12-19.)
| ||||||
| 21 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
| ||||||
| 22 | Sec. 11-501.2. Chemical and other tests.
| ||||||
| 23 | (a) Upon the trial of any civil or criminal action or | ||||||
| 24 | proceeding arising out
of an arrest for an offense as defined | ||||||
| 25 | in Section 11-501 or a similar local
ordinance or proceedings | ||||||
| |||||||
| |||||||
| 1 | pursuant to Section 2-118.1, evidence of the
concentration of | ||||||
| 2 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
| 3 | compounds, or any combination thereof in a person's blood
or | ||||||
| 4 | breath at the time alleged, as determined by analysis of the | ||||||
| 5 | person's blood,
urine, breath, or other bodily substance, shall | ||||||
| 6 | be admissible. Where such test
is made the following provisions | ||||||
| 7 | shall apply:
| ||||||
| 8 | 1. Chemical analyses of the person's blood, urine, | ||||||
| 9 | breath, or other bodily
substance to be considered valid | ||||||
| 10 | under the provisions of this Section shall
have been | ||||||
| 11 | performed according to standards promulgated by the | ||||||
| 12 | Illinois Department of State Police
by
a licensed | ||||||
| 13 | physician, registered nurse, trained phlebotomist, | ||||||
| 14 | licensed paramedic, or other individual
possessing a valid | ||||||
| 15 | permit issued by that Department for
this purpose. The | ||||||
| 16 | Director of the Illinois State Police is authorized to | ||||||
| 17 | approve satisfactory
techniques or methods, to ascertain | ||||||
| 18 | the qualifications and competence of
individuals to | ||||||
| 19 | conduct such analyses, to issue permits which shall be | ||||||
| 20 | subject
to termination or revocation at the discretion of | ||||||
| 21 | that Department and to
certify the accuracy of breath | ||||||
| 22 | testing equipment. The Illinois Department of
State Police | ||||||
| 23 | shall prescribe regulations as necessary to
implement this
| ||||||
| 24 | Section.
| ||||||
| 25 | 2. When a person in this State shall submit to a blood | ||||||
| 26 | test at the request
of a law enforcement officer under the | ||||||
| |||||||
| |||||||
| 1 | provisions of Section 11-501.1, only a
physician | ||||||
| 2 | authorized to practice medicine, a licensed physician | ||||||
| 3 | assistant, a licensed advanced practice registered nurse, | ||||||
| 4 | a registered nurse, trained
phlebotomist, or licensed | ||||||
| 5 | paramedic, or other
qualified person approved by the | ||||||
| 6 | Illinois Department of State Police may withdraw blood
for | ||||||
| 7 | the purpose of determining the alcohol, drug, or alcohol | ||||||
| 8 | and drug content
therein. This limitation shall not apply | ||||||
| 9 | to the taking of breath, other bodily substance, or urine
| ||||||
| 10 | specimens.
| ||||||
| 11 | When a blood test of a person who has been taken to an | ||||||
| 12 | adjoining state
for medical treatment is requested by an | ||||||
| 13 | Illinois law enforcement officer,
the blood may be | ||||||
| 14 | withdrawn only by a physician authorized to practice
| ||||||
| 15 | medicine in the adjoining state, a licensed physician | ||||||
| 16 | assistant, a licensed advanced practice registered nurse, | ||||||
| 17 | a registered nurse, a trained
phlebotomist acting under the | ||||||
| 18 | direction of the physician, or licensed
paramedic. The law
| ||||||
| 19 | enforcement officer requesting the test shall take custody | ||||||
| 20 | of the blood
sample, and the blood sample shall be analyzed | ||||||
| 21 | by a laboratory certified by the
Illinois Department of | ||||||
| 22 | State Police for that purpose.
| ||||||
| 23 | 3. The person tested may have a physician, or a | ||||||
| 24 | qualified technician,
chemist, registered nurse, or other | ||||||
| 25 | qualified person of their own choosing
administer a | ||||||
| 26 | chemical test or tests in addition to any administered at | ||||||
| |||||||
| |||||||
| 1 | the
direction of a law enforcement officer. The failure or | ||||||
| 2 | inability to obtain
an additional test by a person shall | ||||||
| 3 | not preclude the admission of evidence
relating to the test | ||||||
| 4 | or tests taken at the direction of a law enforcement
| ||||||
| 5 | officer.
| ||||||
| 6 | 4. Upon the request of the person who shall submit to a | ||||||
| 7 | chemical test
or tests at the request of a law enforcement | ||||||
| 8 | officer, full information
concerning the test or tests | ||||||
| 9 | shall be made available to the person or such
person's | ||||||
| 10 | attorney.
| ||||||
| 11 | 5. Alcohol concentration shall mean either grams of | ||||||
| 12 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
| 13 | per 210 liters of breath.
| ||||||
| 14 | 6. Tetrahydrocannabinol concentration means either 5 | ||||||
| 15 | nanograms or more of delta-9-tetrahydrocannabinol per | ||||||
| 16 | milliliter of whole blood or 10 nanograms or more of | ||||||
| 17 | delta-9-tetrahydrocannabinol per milliliter of other | ||||||
| 18 | bodily substance. | ||||||
| 19 | (a-5) Law enforcement officials may use validated roadside | ||||||
| 20 | chemical tests or standardized field sobriety tests approved by | ||||||
| 21 | the National Highway Traffic Safety Administration when | ||||||
| 22 | conducting investigations of a violation of Section 11-501 or | ||||||
| 23 | similar local ordinance by drivers suspected of driving under | ||||||
| 24 | the influence of cannabis. The General Assembly finds that (i) | ||||||
| 25 | validated roadside chemical tests are effective means to | ||||||
| 26 | determine if a person is under the influence of cannabis and | ||||||
| |||||||
| |||||||
| 1 | (ii) standardized field sobriety tests approved by the National | ||||||
| 2 | Highway Traffic Safety Administration are divided attention | ||||||
| 3 | tasks that are intended to determine if a person is under the | ||||||
| 4 | influence of cannabis. The purpose of these tests is to | ||||||
| 5 | determine the effect of the use of cannabis on a person's | ||||||
| 6 | capacity to think and act with ordinary care and therefore | ||||||
| 7 | operate a motor vehicle safely. Therefore, the results of these | ||||||
| 8 | validated roadside chemical tests and standardized field | ||||||
| 9 | sobriety tests, appropriately administered, shall be | ||||||
| 10 | admissible in the trial of any civil or criminal action or | ||||||
| 11 | proceeding arising out of an arrest for a cannabis-related | ||||||
| 12 | offense as defined in Section 11-501 or a similar local | ||||||
| 13 | ordinance or proceedings under Section 2-118.1 or 2-118.2. | ||||||
| 14 | Where a test is made the following provisions shall apply: | ||||||
| 15 | 1. The person tested may have a physician, or a | ||||||
| 16 | qualified technician, chemist, registered nurse, or other | ||||||
| 17 | qualified person of their own choosing administer a | ||||||
| 18 | chemical test or tests in addition to the standardized | ||||||
| 19 | field sobriety test or tests administered at the direction | ||||||
| 20 | of a law enforcement officer. The failure or inability to | ||||||
| 21 | obtain an additional test by a person does not preclude the | ||||||
| 22 | admission of evidence relating to the test or tests taken | ||||||
| 23 | at the direction of a law enforcement officer. | ||||||
| 24 | 2. Upon the request of the person who shall submit to | ||||||
| 25 | validated roadside chemical tests or a standardized field | ||||||
| 26 | sobriety test or tests at the request of a law enforcement | ||||||
| |||||||
| |||||||
| 1 | officer, full information concerning the test or tests | ||||||
| 2 | shall be made available to the person or the person's | ||||||
| 3 | attorney. | ||||||
| 4 | 3. At the trial of any civil or criminal action or | ||||||
| 5 | proceeding arising out of an arrest for an offense as | ||||||
| 6 | defined in Section 11-501 or a similar local ordinance or | ||||||
| 7 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
| 8 | results of these validated roadside chemical tests or | ||||||
| 9 | standardized field sobriety tests are admitted, the person | ||||||
| 10 | may present and the trier of fact may consider evidence | ||||||
| 11 | that the person lacked the physical capacity to perform the | ||||||
| 12 | validated roadside chemical tests or standardized field | ||||||
| 13 | sobriety tests. | ||||||
| 14 | (b) Upon the trial of any civil or criminal action or | ||||||
| 15 | proceeding arising
out of acts alleged to have been committed | ||||||
| 16 | by any person while driving or
in actual physical control of a | ||||||
| 17 | vehicle while under the influence of alcohol,
the concentration | ||||||
| 18 | of alcohol in the person's blood or breath at the time
alleged | ||||||
| 19 | as shown by analysis of the person's blood, urine, breath, or | ||||||
| 20 | other
bodily substance shall give rise to the following | ||||||
| 21 | presumptions:
| ||||||
| 22 | 1. If there was at that time an alcohol concentration | ||||||
| 23 | of 0.05 or less,
it shall be presumed that the person was | ||||||
| 24 | not under the influence of alcohol.
| ||||||
| 25 | 2. If there was at that time an alcohol concentration | ||||||
| 26 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
| |||||||
| |||||||
| 1 | give rise to any
presumption that
the person was or was not | ||||||
| 2 | under the influence of alcohol, but such fact
may be | ||||||
| 3 | considered with other competent evidence in determining | ||||||
| 4 | whether the
person was under the influence of alcohol.
| ||||||
| 5 | 3. If there was at that time an alcohol concentration | ||||||
| 6 | of 0.08
or more,
it shall be presumed that the person was | ||||||
| 7 | under the influence of alcohol.
| ||||||
| 8 | 4. The foregoing provisions of this Section shall not | ||||||
| 9 | be construed as
limiting the introduction of any other | ||||||
| 10 | relevant evidence bearing upon the
question whether the | ||||||
| 11 | person was under the influence of alcohol.
| ||||||
| 12 | (b-5) Upon the trial of any civil or criminal action or | ||||||
| 13 | proceeding arising out of acts alleged to have been committed | ||||||
| 14 | by any person while driving or in actual physical control of a | ||||||
| 15 | vehicle while under the influence of alcohol, other drug or | ||||||
| 16 | drugs, intoxicating compound or compounds or any combination | ||||||
| 17 | thereof, the concentration of cannabis in the person's whole | ||||||
| 18 | blood or other bodily substance at the time alleged as shown by | ||||||
| 19 | analysis of the person's blood or other bodily substance shall | ||||||
| 20 | give rise to the following presumptions: | ||||||
| 21 | 1. If there was a tetrahydrocannabinol concentration | ||||||
| 22 | of 5 nanograms or more in whole blood or 10 nanograms or | ||||||
| 23 | more in an other bodily substance as defined in this | ||||||
| 24 | Section, it shall be presumed that the person was under the | ||||||
| 25 | influence of cannabis. | ||||||
| 26 | 2. If there was at that time a tetrahydrocannabinol | ||||||
| |||||||
| |||||||
| 1 | concentration of less than 5 nanograms in whole blood or | ||||||
| 2 | less than 10 nanograms in an other bodily substance, such | ||||||
| 3 | facts shall not give rise to any
presumption that
the | ||||||
| 4 | person was or was not under the influence of cannabis, but | ||||||
| 5 | such fact
may be considered with other competent evidence | ||||||
| 6 | in determining whether the
person was under the influence | ||||||
| 7 | of cannabis.
| ||||||
| 8 | (c) 1. If a person under arrest refuses to submit to a | ||||||
| 9 | chemical test
under
the provisions of Section 11-501.1, | ||||||
| 10 | evidence of refusal shall be admissible
in any civil or | ||||||
| 11 | criminal action or proceeding arising out of acts alleged
to | ||||||
| 12 | have been committed while the person under the influence of | ||||||
| 13 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
| 14 | compounds, or
any combination thereof was driving or in actual | ||||||
| 15 | physical
control of a motor vehicle.
| ||||||
| 16 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
| 17 | submit to
these tests or any ability to revoke the implied | ||||||
| 18 | consent to these tests, if a
law enforcement officer has | ||||||
| 19 | probable cause to believe that a motor vehicle
driven by or in | ||||||
| 20 | actual physical control of a person under the influence of
| ||||||
| 21 | alcohol, other drug or drugs, or intoxicating compound or
| ||||||
| 22 | compounds,
or any combination thereof
has caused the death or
| ||||||
| 23 | personal injury to another, the law enforcement officer shall | ||||||
| 24 | request, and that person shall submit, upon the request of a | ||||||
| 25 | law
enforcement officer, to a chemical test or tests of his or | ||||||
| 26 | her blood, breath, other bodily substance, or
urine for the | ||||||
| |||||||
| |||||||
| 1 | purpose of
determining the alcohol content thereof or the | ||||||
| 2 | presence of any other drug or
combination of both.
| ||||||
| 3 | This provision does not affect the applicability of or | ||||||
| 4 | imposition of driver's
license sanctions under Section | ||||||
| 5 | 11-501.1 of this Code.
| ||||||
| 6 | 3. For purposes of this Section, a personal injury includes | ||||||
| 7 | any Type A
injury as indicated on the traffic accident report | ||||||
| 8 | completed by a law
enforcement officer that requires immediate | ||||||
| 9 | professional attention in either a
doctor's office or a medical | ||||||
| 10 | facility. A Type A injury includes severe
bleeding wounds, | ||||||
| 11 | distorted extremities, and injuries that require the injured
| ||||||
| 12 | party to be carried from the scene.
| ||||||
| 13 | (d) If a person refuses validated roadside chemical tests | ||||||
| 14 | or standardized field sobriety tests under Section 11-501.9 of | ||||||
| 15 | this Code, evidence of refusal shall be admissible in any civil | ||||||
| 16 | or criminal action or proceeding arising out of acts committed | ||||||
| 17 | while the person was driving or in actual physical control of a | ||||||
| 18 | vehicle and alleged to have been impaired by the use of | ||||||
| 19 | cannabis. | ||||||
| 20 | (e) Illinois Department of State Police compliance with the | ||||||
| 21 | changes in this amendatory Act of the 99th General Assembly | ||||||
| 22 | concerning testing of other bodily substances and | ||||||
| 23 | tetrahydrocannabinol concentration by Illinois Department of | ||||||
| 24 | State Police laboratories is subject to appropriation and until | ||||||
| 25 | the Illinois Department of State Police adopt standards and | ||||||
| 26 | completion validation. Any laboratories that test for the | ||||||
| |||||||
| |||||||
| 1 | presence of cannabis or other drugs under this Article, the | ||||||
| 2 | Snowmobile Registration and Safety Act, or the Boat | ||||||
| 3 | Registration and Safety Act must comply with ISO/IEC | ||||||
| 4 | 17025:2005. | ||||||
| 5 | (Source: P.A. 100-513, eff. 1-1-18; 101-27, eff. 6-25-19.)
| ||||||
| 6 | (625 ILCS 5/11-501.4-1)
| ||||||
| 7 | Sec. 11-501.4-1. Reporting of test results of blood, other | ||||||
| 8 | bodily substance, or urine conducted in
the regular course of | ||||||
| 9 | providing emergency medical treatment. | ||||||
| 10 | (a) Notwithstanding any other provision of law, the results | ||||||
| 11 | of blood, other bodily substance, or
urine
tests performed for | ||||||
| 12 | the purpose of determining the content of alcohol, other
drug | ||||||
| 13 | or drugs, or intoxicating compound or compounds, or any | ||||||
| 14 | combination
thereof, in an individual's blood, other bodily | ||||||
| 15 | substance, or urine conducted upon persons
receiving medical | ||||||
| 16 | treatment in a hospital emergency room for injuries resulting
| ||||||
| 17 | from a motor vehicle accident shall be disclosed
to the | ||||||
| 18 | Illinois Department of State Police
or local law enforcement | ||||||
| 19 | agencies of jurisdiction, upon request.
Such blood, other | ||||||
| 20 | bodily substance, or urine tests are admissible in evidence as | ||||||
| 21 | a business record
exception to the hearsay rule only in | ||||||
| 22 | prosecutions for any violation of Section
11-501 of this Code | ||||||
| 23 | or a similar provision of a local ordinance, or in
prosecutions | ||||||
| 24 | for reckless homicide brought under the Criminal Code of 1961 | ||||||
| 25 | or the Criminal Code of 2012.
| ||||||
| |||||||
| |||||||
| 1 | (b) The confidentiality provisions of law pertaining to | ||||||
| 2 | medical records and
medical treatment shall not be applicable | ||||||
| 3 | with regard to tests performed upon
an
individual's blood, | ||||||
| 4 | other bodily substance, or urine under the provisions of | ||||||
| 5 | subsection (a) of this
Section. No person shall be liable for | ||||||
| 6 | civil damages or professional discipline
as a result of the | ||||||
| 7 | disclosure or reporting of the tests or the evidentiary
use of | ||||||
| 8 | an
individual's blood, other bodily substance, or urine test | ||||||
| 9 | results under this Section or Section 11-501.4
or as a result | ||||||
| 10 | of that person's testimony made available under this Section or
| ||||||
| 11 | Section 11-501.4, except for willful or wanton misconduct.
| ||||||
| 12 | (Source: P.A. 99-697, eff. 7-29-16.)
| ||||||
| 13 | (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
| ||||||
| 14 | Sec. 11-501.5. Preliminary Breath Screening Test.
| ||||||
| 15 | (a) If a law enforcement officer has reasonable suspicion | ||||||
| 16 | to believe
that a person is
violating or has violated Section | ||||||
| 17 | 11-501 or a similar provision of a local
ordinance, the | ||||||
| 18 | officer, prior to an arrest, may request the person to
provide | ||||||
| 19 | a sample of his or her breath for a preliminary breath | ||||||
| 20 | screening
test using a portable device approved by the Illinois | ||||||
| 21 | Department of State Police.
The person may refuse the test.
The | ||||||
| 22 | results of this preliminary breath screening test may be used | ||||||
| 23 | by the
law enforcement officer for the purpose of assisting | ||||||
| 24 | with the determination
of whether to require a chemical test as | ||||||
| 25 | authorized under Sections 11-501.1
and 11-501.2, and the | ||||||
| |||||||
| |||||||
| 1 | appropriate type of test to request. Any chemical
test | ||||||
| 2 | authorized under Sections 11-501.1 and 11-501.2 may be | ||||||
| 3 | requested by
the officer regardless of the result of the | ||||||
| 4 | preliminary breath screening
test, if probable cause for an | ||||||
| 5 | arrest exists. The result of a preliminary
breath screening | ||||||
| 6 | test may be used by the defendant as evidence in any
| ||||||
| 7 | administrative or court proceeding involving a violation of | ||||||
| 8 | Section 11-501 or
11-501.1.
| ||||||
| 9 | (b) The Illinois Department of State Police shall create a | ||||||
| 10 | pilot program to
establish
the effectiveness of pupillometer | ||||||
| 11 | technology (the measurement of the pupil's
reaction to light) | ||||||
| 12 | as a noninvasive technique to detect and measure possible
| ||||||
| 13 | impairment of any person who drives or is in actual physical | ||||||
| 14 | control of a motor
vehicle resulting from the suspected usage | ||||||
| 15 | of alcohol, other drug or drugs,
intoxicating compound or | ||||||
| 16 | compounds or any combination thereof. This technology
shall | ||||||
| 17 | also be used to detect fatigue levels of the operator of a | ||||||
| 18 | Commercial
Motor Vehicle as defined in Section 6-500(6), | ||||||
| 19 | pursuant to Section 18b-105
(Part 395-Hours of Service of | ||||||
| 20 | Drivers) of the Illinois Vehicle Code.
A State Police officer | ||||||
| 21 | may request that the operator of a commercial motor
vehicle | ||||||
| 22 | have his or her eyes examined or tested with a pupillometer | ||||||
| 23 | device.
The person may refuse the examination or test. The | ||||||
| 24 | State Police officer shall
have the device readily available to | ||||||
| 25 | limit undue delays.
| ||||||
| 26 | If a State Police officer has reasonable suspicion to | ||||||
| |||||||
| |||||||
| 1 | believe that a
person is violating or has violated Section | ||||||
| 2 | 11-501, the officer may use the
pupillometer technology, when | ||||||
| 3 | available. The officer, prior to an arrest, may
request the | ||||||
| 4 | person to have his or her eyes examined or tested with a
| ||||||
| 5 | pupillometer device. The person may refuse the examination or | ||||||
| 6 | test. The
results of this examination or test may be used by
| ||||||
| 7 | the officer for the purpose of assisting with the determination | ||||||
| 8 | of whether to
require a chemical test as authorized under | ||||||
| 9 | Sections 11-501.1 and 11-501.2 and
the appropriate type of test | ||||||
| 10 | to request. Any chemical test authorized under
Sections | ||||||
| 11 | 11-501.1 and 11-501.2 may be requested by the officer | ||||||
| 12 | regardless of
the result of the pupillometer examination or | ||||||
| 13 | test, if probable cause for an
arrest exists. The result of the | ||||||
| 14 | examination or test may be used by the
defendant as evidence in | ||||||
| 15 | any administrative or court proceeding involving a
violation of | ||||||
| 16 | 11-501 or 11-501.1.
| ||||||
| 17 | The pilot program shall last for a period of 18 months and | ||||||
| 18 | involve the
testing of 15 pupillometer devices. Within 90 days | ||||||
| 19 | of the completion of the
pilot project, the Illinois Department | ||||||
| 20 | of State Police shall file a report with the
President of the | ||||||
| 21 | Senate and Speaker of the House evaluating the project.
| ||||||
| 22 | (Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00; 92-16, | ||||||
| 23 | eff.
6-28-01.)
| ||||||
| 24 | (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) | ||||||
| 25 | Sec. 11-501.6. Driver involvement in personal injury or | ||||||
| |||||||
| |||||||
| 1 | fatal motor
vehicle accident; chemical test. | ||||||
| 2 | (a) Any person who drives or is in actual control of a | ||||||
| 3 | motor vehicle
upon the public highways of this State and who | ||||||
| 4 | has been involved in a
personal injury or fatal motor vehicle | ||||||
| 5 | accident, shall be deemed to have
given consent to a breath | ||||||
| 6 | test using a portable device as approved by the
Illinois | ||||||
| 7 | Department of State Police or to a chemical test or tests
of | ||||||
| 8 | blood, breath, other bodily substance, or
urine for the purpose | ||||||
| 9 | of determining the content of alcohol,
other
drug or drugs, or | ||||||
| 10 | intoxicating compound or compounds of such
person's blood if | ||||||
| 11 | arrested as evidenced by the issuance of a Uniform Traffic
| ||||||
| 12 | Ticket for any violation of the Illinois Vehicle Code or a | ||||||
| 13 | similar provision of
a local ordinance, with the exception of | ||||||
| 14 | equipment violations contained in
Chapter 12 of this Code, or | ||||||
| 15 | similar provisions of local ordinances. The test
or tests shall | ||||||
| 16 | be administered at the direction of the arresting officer. The
| ||||||
| 17 | law enforcement agency employing the officer shall designate | ||||||
| 18 | which of the
aforesaid tests shall be administered. Up to 2 | ||||||
| 19 | additional tests of urine or other bodily substance may be | ||||||
| 20 | administered even
after a blood or breath test or both has been | ||||||
| 21 | administered. Compliance with
this Section does not relieve | ||||||
| 22 | such person from the requirements of Section
11-501.1 of this | ||||||
| 23 | Code. | ||||||
| 24 | (b) Any person who is dead, unconscious or who is otherwise | ||||||
| 25 | in a
condition rendering such person incapable of refusal shall | ||||||
| 26 | be deemed not to
have withdrawn the consent provided by | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of this Section. In
addition, if a driver of a | ||||||
| 2 | vehicle is receiving medical treatment as a
result of a motor | ||||||
| 3 | vehicle accident, any physician licensed to practice
medicine, | ||||||
| 4 | licensed physician assistant, licensed advanced practice | ||||||
| 5 | registered nurse, registered nurse or a phlebotomist acting | ||||||
| 6 | under the direction of
a licensed physician shall withdraw | ||||||
| 7 | blood for testing purposes to ascertain
the presence of | ||||||
| 8 | alcohol, other drug or drugs, or intoxicating
compound or | ||||||
| 9 | compounds, upon the specific request of a law
enforcement | ||||||
| 10 | officer. However, no such testing shall be performed until, in
| ||||||
| 11 | the opinion of the medical personnel on scene, the withdrawal | ||||||
| 12 | can be made
without interfering with or endangering the | ||||||
| 13 | well-being of the patient. | ||||||
| 14 | (c) A person requested to submit to a test as provided | ||||||
| 15 | above shall be
warned by the law enforcement officer requesting | ||||||
| 16 | the test that a refusal to
submit to the test, or submission to | ||||||
| 17 | the test resulting in an alcohol
concentration of 0.08 or more, | ||||||
| 18 | or testing discloses the presence of cannabis as listed in the | ||||||
| 19 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
| 20 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
| 21 | of this Code, or any amount of a drug, substance,
or | ||||||
| 22 | intoxicating compound
resulting from the unlawful use or | ||||||
| 23 | consumption of a controlled substance listed in the Illinois
| ||||||
| 24 | Controlled Substances Act, an intoxicating compound listed in | ||||||
| 25 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
| 26 | listed in the Methamphetamine Control and Community Protection | ||||||
| |||||||
| |||||||
| 1 | Act as detected in such person's blood, other bodily substance, | ||||||
| 2 | or urine, may
result in the suspension of such person's | ||||||
| 3 | privilege to operate a motor vehicle. If the person is also a | ||||||
| 4 | CDL holder, he or she shall be
warned by the law enforcement | ||||||
| 5 | officer requesting the test that a refusal to
submit to the | ||||||
| 6 | test, or submission to the test resulting in an alcohol
| ||||||
| 7 | concentration of 0.08 or more, or any amount of a drug, | ||||||
| 8 | substance,
or intoxicating compound
resulting from the | ||||||
| 9 | unlawful use or consumption of cannabis, as covered by the
| ||||||
| 10 | Cannabis Control Act, a controlled substance listed in the | ||||||
| 11 | Illinois
Controlled Substances Act, an intoxicating compound | ||||||
| 12 | listed in the Use of
Intoxicating Compounds Act, or | ||||||
| 13 | methamphetamine as listed in the Methamphetamine Control and | ||||||
| 14 | Community Protection Act as detected in the person's blood, | ||||||
| 15 | other bodily substance, or urine, may result in the | ||||||
| 16 | disqualification of the person's privilege to operate a | ||||||
| 17 | commercial motor vehicle, as provided in Section 6-514 of this | ||||||
| 18 | Code.
The length of the suspension shall be the same as | ||||||
| 19 | outlined in Section
6-208.1 of this Code regarding statutory | ||||||
| 20 | summary suspensions. | ||||||
| 21 | A person requested to submit to a test shall also | ||||||
| 22 | acknowledge, in writing, receipt of the warning required under | ||||||
| 23 | this Section. If the person refuses to acknowledge receipt of | ||||||
| 24 | the warning, the law enforcement officer shall make a written | ||||||
| 25 | notation on the warning that the person refused to sign the | ||||||
| 26 | warning. A person's refusal to sign the warning shall not be | ||||||
| |||||||
| |||||||
| 1 | evidence that the person was not read the warning. | ||||||
| 2 | (d) If the person refuses testing or submits to a test | ||||||
| 3 | which discloses
an alcohol concentration of 0.08 or more, the | ||||||
| 4 | presence of cannabis as listed in the Cannabis Control Act with | ||||||
| 5 | a tetrahydrocannabinol concentration as defined in paragraph 6 | ||||||
| 6 | of subsection (a) of Section 11-501.2 of this Code, or any | ||||||
| 7 | amount of a drug,
substance,
or intoxicating compound in such | ||||||
| 8 | person's blood or urine resulting from the
unlawful use or
| ||||||
| 9 | consumption of a controlled
substance listed in the Illinois | ||||||
| 10 | Controlled Substances Act, an
intoxicating
compound listed in | ||||||
| 11 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
| 12 | listed in the Methamphetamine Control and Community Protection | ||||||
| 13 | Act, the law
enforcement officer shall immediately submit a | ||||||
| 14 | sworn report to the Secretary of
State on a form prescribed by | ||||||
| 15 | the Secretary, certifying that the test or tests
were requested | ||||||
| 16 | under subsection (a) and the person refused to submit to a
test | ||||||
| 17 | or tests or submitted to testing which disclosed an alcohol | ||||||
| 18 | concentration
of 0.08 or more, the presence of cannabis as | ||||||
| 19 | listed in the Cannabis Control Act with a tetrahydrocannabinol | ||||||
| 20 | concentration as defined in paragraph 6 of subsection (a) of | ||||||
| 21 | Section 11-501.2 of this Code, or any amount of a drug, | ||||||
| 22 | substance, or intoxicating
compound
in such
person's blood, | ||||||
| 23 | other bodily substance, or urine, resulting from the unlawful | ||||||
| 24 | use or consumption of
a controlled substance
listed in
the | ||||||
| 25 | Illinois Controlled Substances Act,
an intoxicating compound | ||||||
| 26 | listed in
the Use of Intoxicating Compounds Act, or | ||||||
| |||||||
| |||||||
| 1 | methamphetamine as listed in the Methamphetamine Control and | ||||||
| 2 | Community Protection Act. If the person is also a CDL holder | ||||||
| 3 | and refuses testing or submits to a test which discloses
an | ||||||
| 4 | alcohol concentration of 0.08 or more, or any amount of a drug,
| ||||||
| 5 | substance,
or intoxicating compound in the person's blood, | ||||||
| 6 | other bodily substance, or urine resulting from the
unlawful | ||||||
| 7 | use or
consumption of cannabis listed in the Cannabis Control | ||||||
| 8 | Act, a controlled
substance listed in the Illinois Controlled | ||||||
| 9 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
| 10 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
| 11 | Methamphetamine Control and Community Protection Act, the law
| ||||||
| 12 | enforcement officer shall immediately submit a sworn report to | ||||||
| 13 | the Secretary of
State on a form prescribed by the Secretary, | ||||||
| 14 | certifying that the test or tests
were requested under | ||||||
| 15 | subsection (a) and the person refused to submit to a
test or | ||||||
| 16 | tests or submitted to testing which disclosed an alcohol | ||||||
| 17 | concentration
of 0.08 or more, or any amount of a drug, | ||||||
| 18 | substance, or intoxicating
compound
in such
person's blood, | ||||||
| 19 | other bodily substance, or urine, resulting from the unlawful | ||||||
| 20 | use or consumption of
cannabis listed in the Cannabis Control | ||||||
| 21 | Act, a controlled substance
listed in
the Illinois Controlled | ||||||
| 22 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
| 23 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
| 24 | Methamphetamine Control and Community Protection Act. | ||||||
| 25 | Upon receipt of the sworn report of a law enforcement | ||||||
| 26 | officer, the
Secretary shall enter the suspension and | ||||||
| |||||||
| |||||||
| 1 | disqualification to the individual's driving record and the
| ||||||
| 2 | suspension and disqualification shall be effective on the 46th | ||||||
| 3 | day following the date notice of the
suspension was given to | ||||||
| 4 | the person. | ||||||
| 5 | The law enforcement officer submitting the sworn report | ||||||
| 6 | shall serve immediate
notice of this suspension on the person | ||||||
| 7 | and such suspension and disqualification shall be effective
on | ||||||
| 8 | the 46th day following the date notice was given. | ||||||
| 9 | In cases involving a person who is not a CDL holder where | ||||||
| 10 | the blood alcohol concentration of 0.08 or more,
or blood | ||||||
| 11 | testing discloses the presence of cannabis as listed in the | ||||||
| 12 | Cannabis Control Act with a tetrahydrocannabinol concentration | ||||||
| 13 | as defined in paragraph 6 of subsection (a) of Section 11-501.2 | ||||||
| 14 | of this Code, or any amount
of a drug, substance, or | ||||||
| 15 | intoxicating compound resulting from the unlawful
use or
| ||||||
| 16 | consumption of a
controlled
substance listed in the Illinois | ||||||
| 17 | Controlled Substances Act,
an
intoxicating
compound listed in | ||||||
| 18 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
| 19 | listed in the Methamphetamine Control and Community Protection | ||||||
| 20 | Act, is established by a
subsequent analysis of blood, other | ||||||
| 21 | bodily substance, or urine collected at the time of arrest, the
| ||||||
| 22 | arresting officer shall give notice as provided in this Section | ||||||
| 23 | or by deposit
in the United States mail of such notice in an | ||||||
| 24 | envelope with postage prepaid
and addressed to such person at | ||||||
| 25 | his or her address as shown on the Uniform Traffic
Ticket and | ||||||
| 26 | the suspension shall be effective on the 46th day following the | ||||||
| |||||||
| |||||||
| 1 | date
notice was given. | ||||||
| 2 | In cases involving a person who is a CDL holder where the | ||||||
| 3 | blood alcohol concentration of 0.08 or more,
or any amount
of a | ||||||
| 4 | drug, substance, or intoxicating compound resulting from the | ||||||
| 5 | unlawful
use or
consumption of cannabis as listed in the | ||||||
| 6 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
| 7 | Illinois Controlled Substances Act,
an
intoxicating
compound | ||||||
| 8 | listed in the Use of Intoxicating Compounds Act, or | ||||||
| 9 | methamphetamine as listed in the Methamphetamine Control and | ||||||
| 10 | Community Protection Act, is established by a
subsequent | ||||||
| 11 | analysis of blood, other bodily substance, or urine collected | ||||||
| 12 | at the time of arrest, the
arresting officer shall give notice | ||||||
| 13 | as provided in this Section or by deposit
in the United States | ||||||
| 14 | mail of such notice in an envelope with postage prepaid
and | ||||||
| 15 | addressed to the person at his or her address as shown on the | ||||||
| 16 | Uniform Traffic
Ticket and the suspension and disqualification | ||||||
| 17 | shall be effective on the 46th day following the date
notice | ||||||
| 18 | was given. | ||||||
| 19 | Upon receipt of the sworn report of a law enforcement | ||||||
| 20 | officer, the Secretary
shall also give notice of the suspension | ||||||
| 21 | and disqualification to the driver by mailing a notice of
the | ||||||
| 22 | effective date of the suspension and disqualification to the | ||||||
| 23 | individual. However, should the
sworn report be defective by | ||||||
| 24 | not containing sufficient information or be
completed in error, | ||||||
| 25 | the notice of the suspension and disqualification shall not be | ||||||
| 26 | mailed to the
person or entered to the driving record, but | ||||||
| |||||||
| |||||||
| 1 | rather the sworn report shall be
returned to the issuing law | ||||||
| 2 | enforcement agency. | ||||||
| 3 | (e) A driver may contest this suspension of his or her
| ||||||
| 4 | driving privileges and disqualification of his or her CDL | ||||||
| 5 | privileges by
requesting an administrative hearing with the | ||||||
| 6 | Secretary in accordance with
Section 2-118 of this Code. At the | ||||||
| 7 | conclusion of a hearing held under
Section 2-118 of this Code, | ||||||
| 8 | the Secretary may rescind, continue, or modify the
orders
of | ||||||
| 9 | suspension and disqualification. If the Secretary does not | ||||||
| 10 | rescind the orders of suspension and disqualification, a | ||||||
| 11 | restricted
driving permit may be granted by the Secretary upon | ||||||
| 12 | application being made and
good cause shown. A restricted | ||||||
| 13 | driving permit may be granted to relieve undue
hardship to | ||||||
| 14 | allow driving for employment, educational, and medical | ||||||
| 15 | purposes as
outlined in Section 6-206 of this Code. The | ||||||
| 16 | provisions of Section 6-206 of
this Code shall apply. In | ||||||
| 17 | accordance with 49 C.F.R. 384, the Secretary of State may not | ||||||
| 18 | issue a restricted driving permit for the operation of a | ||||||
| 19 | commercial motor vehicle to a person holding a CDL whose | ||||||
| 20 | driving privileges have been suspended, revoked, cancelled, or | ||||||
| 21 | disqualified.
| ||||||
| 22 | (f) (Blank). | ||||||
| 23 | (g) For the purposes of this Section, a personal injury | ||||||
| 24 | shall include
any type A injury as indicated on the traffic | ||||||
| 25 | accident report completed
by a law enforcement officer that | ||||||
| 26 | requires immediate professional attention
in either a doctor's | ||||||
| |||||||
| |||||||
| 1 | office or a medical facility. A type A injury shall
include | ||||||
| 2 | severely bleeding wounds, distorted extremities, and injuries | ||||||
| 3 | that
require the injured party to be carried from the scene. | ||||||
| 4 | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16; | ||||||
| 5 | 100-513, eff. 1-1-18.)
| ||||||
| 6 | (625 ILCS 5/11-501.8)
| ||||||
| 7 | Sec. 11-501.8. Suspension of driver's license; persons | ||||||
| 8 | under age 21.
| ||||||
| 9 | (a) A person who is less than 21 years of age and who | ||||||
| 10 | drives or
is in actual physical control of a motor vehicle upon | ||||||
| 11 | the
public highways of this State shall be deemed to have given | ||||||
| 12 | consent to a
chemical test or tests of blood, breath, other | ||||||
| 13 | bodily substance, or urine for the purpose of
determining the | ||||||
| 14 | alcohol content of the person's blood if arrested, as evidenced
| ||||||
| 15 | by the issuance of a Uniform Traffic Ticket for any violation | ||||||
| 16 | of the Illinois
Vehicle Code or a similar provision of a local | ||||||
| 17 | ordinance, if a police officer
has probable cause to believe | ||||||
| 18 | that the driver has consumed any amount of an
alcoholic | ||||||
| 19 | beverage based upon evidence of the driver's physical condition | ||||||
| 20 | or
other first hand knowledge of the police officer. The test | ||||||
| 21 | or tests shall be
administered at the direction of the | ||||||
| 22 | arresting officer. The law enforcement
agency employing the | ||||||
| 23 | officer shall designate which of the aforesaid tests shall
be | ||||||
| 24 | administered. Up to 2 additional tests of urine or other bodily | ||||||
| 25 | substance may be administered even after a blood or
breath test | ||||||
| |||||||
| |||||||
| 1 | or both has been administered.
| ||||||
| 2 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
| 3 | in a condition
rendering that person incapable of refusal, | ||||||
| 4 | shall be deemed not to have
withdrawn the consent provided by | ||||||
| 5 | paragraph (a) of this Section and the test or
tests may be | ||||||
| 6 | administered subject to the following provisions:
| ||||||
| 7 | (i) Chemical analysis of the person's blood, urine, | ||||||
| 8 | breath, or
other bodily substance, to be considered valid | ||||||
| 9 | under the provisions of this
Section, shall have been | ||||||
| 10 | performed according to standards promulgated by the | ||||||
| 11 | Illinois Department of State Police
by an individual | ||||||
| 12 | possessing a valid permit issued by that Department for | ||||||
| 13 | this
purpose. The Director of the Illinois State Police is | ||||||
| 14 | authorized to approve satisfactory
techniques or methods, | ||||||
| 15 | to ascertain the qualifications and competence of
| ||||||
| 16 | individuals to conduct analyses, to issue permits that | ||||||
| 17 | shall be subject to
termination or revocation at the | ||||||
| 18 | direction of that Department, and to certify
the accuracy | ||||||
| 19 | of breath testing equipment. The Illinois Department of | ||||||
| 20 | State Police shall prescribe regulations as necessary.
| ||||||
| 21 | (ii) When a person submits to a blood test at the | ||||||
| 22 | request of a law
enforcement officer under the provisions | ||||||
| 23 | of this Section, only a physician
authorized to practice | ||||||
| 24 | medicine, a licensed physician assistant, a licensed | ||||||
| 25 | advanced practice registered nurse, a registered nurse, or | ||||||
| 26 | other qualified person
trained in venipuncture and acting | ||||||
| |||||||
| |||||||
| 1 | under the direction of a licensed physician
may withdraw | ||||||
| 2 | blood for the purpose of determining the alcohol content | ||||||
| 3 | therein.
This limitation does not apply to the taking of | ||||||
| 4 | breath, other bodily substance, or urine specimens.
| ||||||
| 5 | (iii) The person tested may have a physician, qualified | ||||||
| 6 | technician,
chemist, registered nurse, or other qualified | ||||||
| 7 | person of his or her own choosing
administer a chemical | ||||||
| 8 | test or tests in addition to any test or tests
administered | ||||||
| 9 | at the direction of a law enforcement officer. The failure | ||||||
| 10 | or
inability to obtain an additional test by a person shall | ||||||
| 11 | not preclude the
consideration of the previously performed | ||||||
| 12 | chemical test.
| ||||||
| 13 | (iv) Upon a request of the person who submits to a | ||||||
| 14 | chemical test or
tests at the request of a law enforcement | ||||||
| 15 | officer, full information concerning
the test or tests | ||||||
| 16 | shall be made available to the person or that person's
| ||||||
| 17 | attorney.
| ||||||
| 18 | (v) Alcohol concentration means either grams of | ||||||
| 19 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
| 20 | per 210 liters of breath.
| ||||||
| 21 | (vi) If a driver is receiving medical treatment as a | ||||||
| 22 | result of a motor
vehicle accident, a physician licensed to | ||||||
| 23 | practice medicine, licensed physician assistant, licensed | ||||||
| 24 | advanced practice registered nurse, registered nurse,
or | ||||||
| 25 | other qualified person trained in venipuncture and
acting | ||||||
| 26 | under the direction of a licensed physician shall
withdraw | ||||||
| |||||||
| |||||||
| 1 | blood for testing purposes to ascertain the presence of | ||||||
| 2 | alcohol upon
the specific request of a law enforcement | ||||||
| 3 | officer. However, that testing
shall not be performed | ||||||
| 4 | until, in the opinion of the medical personnel on scene,
| ||||||
| 5 | the withdrawal can be made without interfering with or | ||||||
| 6 | endangering the
well-being of the patient.
| ||||||
| 7 | (c) A person requested to submit to a test as provided | ||||||
| 8 | above shall be warned
by the law enforcement officer requesting | ||||||
| 9 | the test that a refusal to submit to
the test, or submission to | ||||||
| 10 | the test resulting in an alcohol concentration of
more than | ||||||
| 11 | 0.00, may result in the loss of that person's privilege to | ||||||
| 12 | operate a
motor vehicle and may result in the disqualification | ||||||
| 13 | of the person's privilege to operate a commercial motor | ||||||
| 14 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
| 15 | person is a CDL holder. The loss of driving privileges shall be | ||||||
| 16 | imposed in accordance
with Section 6-208.2 of this Code.
| ||||||
| 17 | A person requested to submit to a test shall also | ||||||
| 18 | acknowledge, in writing, receipt of the warning required under | ||||||
| 19 | this Section. If the person refuses to acknowledge receipt of | ||||||
| 20 | the warning, the law enforcement officer shall make a written | ||||||
| 21 | notation on the warning that the person refused to sign the | ||||||
| 22 | warning. A person's refusal to sign the warning shall not be | ||||||
| 23 | evidence that the person was not read the warning. | ||||||
| 24 | (d) If the person refuses testing or submits to a test that | ||||||
| 25 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
| 26 | enforcement officer shall
immediately submit a sworn report to | ||||||
| |||||||
| |||||||
| 1 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
| 2 | State, certifying that the test or tests were
requested under | ||||||
| 3 | subsection (a) and the person refused to submit to a test
or | ||||||
| 4 | tests or submitted to testing which disclosed an alcohol | ||||||
| 5 | concentration of
more than 0.00. The law enforcement officer | ||||||
| 6 | shall submit the same sworn report
when a person under the age | ||||||
| 7 | of 21 submits to testing under Section
11-501.1 of this Code | ||||||
| 8 | and the testing discloses an alcohol concentration of
more than | ||||||
| 9 | 0.00 and less than 0.08.
| ||||||
| 10 | Upon receipt of the sworn report of a law enforcement | ||||||
| 11 | officer, the Secretary
of State shall enter the suspension and | ||||||
| 12 | disqualification on the individual's driving
record and the | ||||||
| 13 | suspension and disqualification shall be effective on the 46th | ||||||
| 14 | day following the date
notice of the suspension was given to | ||||||
| 15 | the person. If this suspension is the
individual's first | ||||||
| 16 | driver's license suspension under this Section, reports
| ||||||
| 17 | received by the Secretary of State under this Section shall, | ||||||
| 18 | except during the
time the suspension is in effect, be | ||||||
| 19 | privileged information and for use only by
the courts, police | ||||||
| 20 | officers, prosecuting authorities, the Secretary of State,
or | ||||||
| 21 | the individual personally, unless the person is a CDL holder, | ||||||
| 22 | is operating a commercial motor vehicle or vehicle required to | ||||||
| 23 | be placarded for hazardous materials, in which case the | ||||||
| 24 | suspension shall not be privileged.
Reports received by the | ||||||
| 25 | Secretary of State under this Section shall also be made | ||||||
| 26 | available to the parent or guardian of a person under the age | ||||||
| |||||||
| |||||||
| 1 | of 18 years that holds an instruction permit or a graduated | ||||||
| 2 | driver's license, regardless of whether the suspension is in | ||||||
| 3 | effect.
| ||||||
| 4 | The law enforcement officer submitting the sworn report | ||||||
| 5 | shall serve immediate
notice of this suspension on the person | ||||||
| 6 | and the suspension and disqualification shall
be effective on | ||||||
| 7 | the 46th day following the date notice was given.
| ||||||
| 8 | In cases where the blood alcohol concentration of more than | ||||||
| 9 | 0.00 is
established by a subsequent analysis of blood, other | ||||||
| 10 | bodily substance, or urine, the police officer or
arresting | ||||||
| 11 | agency shall give notice as provided in this Section or by | ||||||
| 12 | deposit
in the United States mail of that notice in an envelope | ||||||
| 13 | with postage prepaid
and addressed to that person at his last | ||||||
| 14 | known address and the loss of driving
privileges shall be | ||||||
| 15 | effective on the 46th day following the date notice was
given.
| ||||||
| 16 | Upon receipt of the sworn report of a law enforcement | ||||||
| 17 | officer, the Secretary
of State shall also give notice of the | ||||||
| 18 | suspension and disqualification to the driver
by mailing a | ||||||
| 19 | notice of the effective date of the suspension and | ||||||
| 20 | disqualification to the individual.
However, should the sworn | ||||||
| 21 | report be defective by not containing sufficient
information or | ||||||
| 22 | be completed in error, the notice of the suspension and | ||||||
| 23 | disqualification shall not be mailed to the person or entered | ||||||
| 24 | to the driving record,
but rather the sworn report shall be | ||||||
| 25 | returned to the issuing law enforcement
agency.
| ||||||
| 26 | (e) A driver may contest this suspension and | ||||||
| |||||||
| |||||||
| 1 | disqualification by requesting an
administrative hearing with | ||||||
| 2 | the Secretary of State in accordance with Section
2-118 of this | ||||||
| 3 | Code. An individual whose blood alcohol concentration is shown
| ||||||
| 4 | to be more than 0.00 is not subject to this Section if he or she | ||||||
| 5 | consumed
alcohol in the performance of a religious service or | ||||||
| 6 | ceremony. An individual
whose blood alcohol concentration is | ||||||
| 7 | shown to be more than 0.00 shall not be
subject to this Section | ||||||
| 8 | if the individual's blood alcohol concentration
resulted only | ||||||
| 9 | from ingestion of the prescribed or recommended dosage of
| ||||||
| 10 | medicine that contained alcohol. The petition for that hearing | ||||||
| 11 | shall not stay
or delay the effective date of the impending | ||||||
| 12 | suspension. The scope of this
hearing shall be limited to the | ||||||
| 13 | issues of:
| ||||||
| 14 | (1) whether the police officer had probable cause to | ||||||
| 15 | believe that the
person was driving or in actual physical | ||||||
| 16 | control of a motor vehicle upon the
public highways of the | ||||||
| 17 | State and the police officer had reason to believe that
the | ||||||
| 18 | person was in violation of any provision of the Illinois | ||||||
| 19 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
| 20 | and
| ||||||
| 21 | (2) whether the person was issued a Uniform Traffic | ||||||
| 22 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
| 23 | similar provision of a local
ordinance; and
| ||||||
| 24 | (3) whether the police officer had probable cause to | ||||||
| 25 | believe that the
driver
had consumed any amount of an | ||||||
| 26 | alcoholic beverage based upon the driver's
physical | ||||||
| |||||||
| |||||||
| 1 | actions or other first-hand knowledge of the police | ||||||
| 2 | officer; and
| ||||||
| 3 | (4) whether the person, after being advised by the | ||||||
| 4 | officer that the
privilege to operate a motor vehicle would | ||||||
| 5 | be suspended if the person refused
to submit to and | ||||||
| 6 | complete the test or tests, did refuse to submit to or
| ||||||
| 7 | complete the test or tests to determine the person's | ||||||
| 8 | alcohol concentration;
and
| ||||||
| 9 | (5) whether the person, after being advised by the | ||||||
| 10 | officer that the
privileges to operate a motor vehicle | ||||||
| 11 | would be suspended if the person submits
to a chemical test | ||||||
| 12 | or tests and the test or tests disclose an alcohol
| ||||||
| 13 | concentration of more than 0.00, did submit to and
complete | ||||||
| 14 | the
test or tests that determined an alcohol concentration | ||||||
| 15 | of more than 0.00; and
| ||||||
| 16 | (6) whether the test result of an alcohol concentration | ||||||
| 17 | of more than 0.00
was based upon the person's consumption | ||||||
| 18 | of alcohol in the performance of a
religious service or | ||||||
| 19 | ceremony; and
| ||||||
| 20 | (7) whether the test result of an alcohol concentration | ||||||
| 21 | of more than 0.00
was based upon the person's consumption | ||||||
| 22 | of alcohol through ingestion of the
prescribed or | ||||||
| 23 | recommended dosage of medicine.
| ||||||
| 24 | At the conclusion of the hearing held under Section 2-118 | ||||||
| 25 | of
this Code, the Secretary of State may rescind, continue, or | ||||||
| 26 | modify the suspension and disqualification. If the Secretary of | ||||||
| |||||||
| |||||||
| 1 | State does not rescind the suspension and disqualification, a
| ||||||
| 2 | restricted driving permit may be granted by the Secretary of | ||||||
| 3 | State upon
application being made and good cause shown. A | ||||||
| 4 | restricted driving permit may be
granted to relieve undue | ||||||
| 5 | hardship by allowing driving for employment,
educational, and | ||||||
| 6 | medical purposes as outlined in item (3) of part (c) of
Section | ||||||
| 7 | 6-206 of this Code. The provisions of item (3) of part (c) of | ||||||
| 8 | Section
6-206 of this Code and of subsection (f) of that | ||||||
| 9 | Section shall apply. The Secretary of State shall promulgate | ||||||
| 10 | rules
providing for participation in an alcohol education and | ||||||
| 11 | awareness program or
activity, a drug education and awareness | ||||||
| 12 | program or activity, or both as a
condition to the issuance of | ||||||
| 13 | a restricted driving permit for suspensions
imposed under this | ||||||
| 14 | Section.
| ||||||
| 15 | (f) The results of any chemical testing performed in | ||||||
| 16 | accordance with
subsection (a) of this Section are not | ||||||
| 17 | admissible in any civil or criminal
proceeding, except that the | ||||||
| 18 | results of the testing may be considered at a
hearing held | ||||||
| 19 | under Section 2-118 of this Code. However, the results of
the | ||||||
| 20 | testing may not be used to impose driver's license sanctions | ||||||
| 21 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
| 22 | may, however, pursue
a statutory summary suspension or | ||||||
| 23 | revocation of driving privileges under Section 11-501.1 of
this | ||||||
| 24 | Code if other physical evidence or first hand knowledge forms | ||||||
| 25 | the basis
of that suspension or revocation.
| ||||||
| 26 | (g) This Section applies only to drivers who are under
age | ||||||
| |||||||
| |||||||
| 1 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
| 2 | a
violation of the Illinois Vehicle Code or a similar provision | ||||||
| 3 | of a local
ordinance, and a chemical test request is made under | ||||||
| 4 | this Section.
| ||||||
| 5 | (h) The action of the Secretary of State in suspending, | ||||||
| 6 | revoking, cancelling, or
disqualifying any license or
permit | ||||||
| 7 | shall be
subject to judicial review in the Circuit Court of | ||||||
| 8 | Sangamon County or in the
Circuit Court of Cook County, and the | ||||||
| 9 | provisions of the Administrative Review
Law and its rules are | ||||||
| 10 | hereby adopted and shall apply to and govern every action
for | ||||||
| 11 | the judicial review of final acts or decisions of the Secretary | ||||||
| 12 | of State
under this Section.
| ||||||
| 13 | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16; | ||||||
| 14 | 100-513, eff. 1-1-18.)
| ||||||
| 15 | (625 ILCS 5/11-501.10) | ||||||
| 16 | (Section scheduled to be repealed on July 1, 2021) | ||||||
| 17 | Sec. 11-501.10. DUI Cannabis Task Force. | ||||||
| 18 | (a) The DUI Cannabis Task Force is hereby created to study | ||||||
| 19 | the issue of driving under the influence of cannabis. The Task | ||||||
| 20 | Force shall consist of the following members: | ||||||
| 21 | (1) The Director of the Illinois State Police, or his | ||||||
| 22 | or her designee, who shall serve as chair; | ||||||
| 23 | (2) The Secretary of State, or his or her designee; | ||||||
| 24 | (3) The President of the Illinois State's Attorneys | ||||||
| 25 | Association, or his or her designee; | ||||||
| |||||||
| |||||||
| 1 | (4) The President of the Illinois Association of | ||||||
| 2 | Criminal Defense Lawyers, or his or her designee; | ||||||
| 3 | (5) One member appointed by the Speaker of the House of | ||||||
| 4 | Representatives; | ||||||
| 5 | (6) One member appointed by the Minority Leader of the | ||||||
| 6 | House of Representatives; | ||||||
| 7 | (7) One member appointed by the President of the | ||||||
| 8 | Senate; | ||||||
| 9 | (8) One member appointed by the Minority Leader of the | ||||||
| 10 | Senate; | ||||||
| 11 | (9) One member of an organization dedicated to end | ||||||
| 12 | drunk driving and drugged driving; | ||||||
| 13 | (10) The president of a statewide bar association, | ||||||
| 14 | appointed by the Governor; | ||||||
| 15 | (11) One member of a statewide organization | ||||||
| 16 | representing civil and constitutional rights, appointed by | ||||||
| 17 | the Governor; | ||||||
| 18 | (12) One member of a statewide association | ||||||
| 19 | representing chiefs of police, appointed by the Governor; | ||||||
| 20 | and | ||||||
| 21 | (13) One member of a statewide association | ||||||
| 22 | representing sheriffs, appointed by the Governor. | ||||||
| 23 | (b) The members of the Task Force shall serve without | ||||||
| 24 | compensation. | ||||||
| 25 | (c) The Task Force shall examine best practices in the area | ||||||
| 26 | of driving under the influence of cannabis enforcement, | ||||||
| |||||||
| |||||||
| 1 | including examining emerging technology in roadside testing. | ||||||
| 2 | (d) The Task Force shall meet no fewer than 3 times and | ||||||
| 3 | shall present its report and recommendations on improvements to | ||||||
| 4 | enforcement of driving under the influence of cannabis, in | ||||||
| 5 | electronic format, to the Governor and the General Assembly no | ||||||
| 6 | later than July 1, 2020. | ||||||
| 7 | (e) The Illinois Department of State Police shall provide | ||||||
| 8 | administrative support to the Task Force as needed. The | ||||||
| 9 | Sentencing Policy Advisory Council shall provide data on | ||||||
| 10 | driving under the influence of cannabis offenses and other data | ||||||
| 11 | to the Task Force as needed. | ||||||
| 12 | (f) This Section is repealed on July 1, 2021.
| ||||||
| 13 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 14 | (625 ILCS 5/11-605.1) | ||||||
| 15 | Sec. 11-605.1. Special limit while traveling through a | ||||||
| 16 | highway construction or maintenance speed zone. | ||||||
| 17 | (a) A person may not operate a motor vehicle in a | ||||||
| 18 | construction or maintenance speed zone at a speed in excess of | ||||||
| 19 | the posted speed limit when workers are present.
| ||||||
| 20 | (a-5) A person may not operate a motor vehicle in a | ||||||
| 21 | construction or maintenance speed zone at a speed in excess of | ||||||
| 22 | the posted speed limit when workers are not present. | ||||||
| 23 | (b) Nothing in this Chapter prohibits the use of electronic | ||||||
| 24 | speed-detecting devices within 500 feet of signs within a | ||||||
| 25 | construction or maintenance speed zone indicating the zone, as | ||||||
| |||||||
| |||||||
| 1 | defined in this Section, nor shall evidence obtained by use of | ||||||
| 2 | those devices be inadmissible in any prosecution for speeding, | ||||||
| 3 | provided the use of the device shall apply only to the | ||||||
| 4 | enforcement of the speed limit in the construction or | ||||||
| 5 | maintenance speed zone.
| ||||||
| 6 | (c) As used in this Section, a "construction or maintenance | ||||||
| 7 | speed zone" is an area in which the Department, Toll Highway | ||||||
| 8 | Authority, or local agency has posted signage advising drivers | ||||||
| 9 | that a construction or maintenance speed zone is being | ||||||
| 10 | approached, or in which the Department, Authority, or local | ||||||
| 11 | agency has posted a lower speed limit with a highway | ||||||
| 12 | construction or maintenance speed zone special speed limit sign | ||||||
| 13 | after determining that the preexisting established speed limit | ||||||
| 14 | through a highway construction or maintenance project is | ||||||
| 15 | greater than is reasonable or safe with respect to the | ||||||
| 16 | conditions expected to exist in the construction or maintenance | ||||||
| 17 | speed zone. | ||||||
| 18 | If it is determined that the preexisting established speed | ||||||
| 19 | limit is safe with respect to the conditions expected to exist | ||||||
| 20 | in the construction or maintenance speed zone, additional speed | ||||||
| 21 | limit signs which conform to the requirements of this | ||||||
| 22 | subsection (c) shall be posted. | ||||||
| 23 | Highway construction or maintenance speed zone special | ||||||
| 24 | speed limit signs shall be of a design approved by the | ||||||
| 25 | Department. The signs must give proper due warning that a | ||||||
| 26 | construction or maintenance speed zone is being approached and | ||||||
| |||||||
| |||||||
| 1 | must indicate the maximum speed limit in effect. The signs also | ||||||
| 2 | must state the amount of the minimum fine for a violation.
| ||||||
| 3 | (d) Except as provided under subsection (d-5), a person who | ||||||
| 4 | violates this Section is guilty of a petty offense. Violations | ||||||
| 5 | of this Section are punishable with a minimum fine of $250 for | ||||||
| 6 | the first violation and a minimum fine of $750 for the second | ||||||
| 7 | or subsequent violation. | ||||||
| 8 | (d-5) A person committing a violation of this Section is | ||||||
| 9 | guilty of aggravated special speed limit while traveling | ||||||
| 10 | through a highway construction or maintenance speed zone when | ||||||
| 11 | he or she drives a motor vehicle at a speed that is: | ||||||
| 12 | (1) 26 miles per hour or more but less than 35 miles | ||||||
| 13 | per hour in excess of the applicable special speed limit | ||||||
| 14 | established under this Section or a similar provision of a | ||||||
| 15 | local ordinance and is guilty of a Class B misdemeanor; or | ||||||
| 16 | (2) 35 miles per hour or more in excess of the | ||||||
| 17 | applicable special speed limit established under this | ||||||
| 18 | Section or a similar provision of a local ordinance and is | ||||||
| 19 | guilty of a Class A misdemeanor. | ||||||
| 20 | (e) (Blank).
| ||||||
| 21 | (e-5) The Illinois Department of State Police and the local | ||||||
| 22 | county police department have concurrent jurisdiction over any | ||||||
| 23 | violation of this Section that occurs on an interstate highway.
| ||||||
| 24 | (f) The Transportation Safety Highway Hire-back Fund, | ||||||
| 25 | which was created by Public Act 92-619, shall continue to be a | ||||||
| 26 | special fund in the State treasury. Subject to appropriation by | ||||||
| |||||||
| |||||||
| 1 | the General Assembly and approval by the Secretary, the | ||||||
| 2 | Secretary of Transportation shall use all moneys in the | ||||||
| 3 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
| 4 | Illinois Department of State Police officers to monitor | ||||||
| 5 | construction or maintenance zones. | ||||||
| 6 | (f-5) Each county shall create a Transportation Safety | ||||||
| 7 | Highway Hire-back Fund. The county shall use the moneys in its | ||||||
| 8 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
| 9 | county police officers to monitor construction or maintenance | ||||||
| 10 | zones in that county on highways other than interstate | ||||||
| 11 | highways. The county, in its discretion, may also use a portion | ||||||
| 12 | of the moneys in its Transportation Safety Highway Hire-back | ||||||
| 13 | Fund to purchase equipment for county law enforcement and fund | ||||||
| 14 | the production of materials to educate drivers on construction | ||||||
| 15 | zone safe driving habits.
| ||||||
| 16 | (g) For a second or subsequent violation of this Section | ||||||
| 17 | within 2 years of the date of the previous violation, the | ||||||
| 18 | Secretary of State shall suspend the driver's license of the | ||||||
| 19 | violator for a period of 90 days.
This suspension shall only be
| ||||||
| 20 | imposed if the current violation of this Section and at least | ||||||
| 21 | one prior violation of this Section
occurred during a period | ||||||
| 22 | when workers were present in the
construction or maintenance | ||||||
| 23 | zone.
| ||||||
| 24 | (Source: P.A. 99-212, eff. 1-1-16; 99-280, eff. 1-1-16; 99-642, | ||||||
| 25 | eff. 7-28-16; 100-987, eff. 7-1-19.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/11-907.1) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2022) | ||||||
| 3 | Sec. 11-907.1. Move Over Task Force. | ||||||
| 4 | (a) The Move Over Task Force is created to study the issue | ||||||
| 5 | of violations of Sections 11-907, 11-907.5, and 11-908 with | ||||||
| 6 | particular attention to the causes of violations and ways to | ||||||
| 7 | protect law enforcement and emergency responders. | ||||||
| 8 | (b) The membership of the Task Force shall consist of the | ||||||
| 9 | following members: | ||||||
| 10 | (1) the Director of the Illinois State Police or his or | ||||||
| 11 | her designee, who shall serve as chair; | ||||||
| 12 | (2) the Governor or his or her designee; | ||||||
| 13 | (3) the Secretary of State or his or her designee; | ||||||
| 14 | (4) the Secretary of Transportation or his or her | ||||||
| 15 | designee; | ||||||
| 16 | (5) the Director of the Illinois Toll Highway Authority | ||||||
| 17 | or his or her designee; | ||||||
| 18 | (6) the President of the Illinois State's Attorneys | ||||||
| 19 | Association or his or her designee; | ||||||
| 20 | (7) the President of the Illinois Association of Chiefs | ||||||
| 21 | of Police or his or her designee; | ||||||
| 22 | (8) the President of the Illinois Sheriffs' | ||||||
| 23 | Association or his or her designee; | ||||||
| 24 | (9) the President of the Illinois Fraternal Order of | ||||||
| 25 | Police or his or her designee; | ||||||
| 26 | (10) the President of the Associated Fire Fighters of | ||||||
| |||||||
| |||||||
| 1 | Illinois or his or her designee; | ||||||
| 2 | (11) one member appointed by the Speaker of the House | ||||||
| 3 | of Representatives; | ||||||
| 4 | (12) one member appointed by the Minority Leader of the | ||||||
| 5 | House of Representatives; | ||||||
| 6 | (13) one member appointed by the President of the | ||||||
| 7 | Senate; | ||||||
| 8 | (14) one member appointed by the Minority Leader of the | ||||||
| 9 | Senate; and | ||||||
| 10 | (15) the following persons appointed by the Governor: | ||||||
| 11 | (A) 2 representatives of different statewide | ||||||
| 12 | trucking associations; | ||||||
| 13 | (B) one representative of a Chicago area motor | ||||||
| 14 | club; | ||||||
| 15 | (C) one representative of a Chicago area transit | ||||||
| 16 | safety alliance; | ||||||
| 17 | (D) one representative of a statewide press | ||||||
| 18 | association; | ||||||
| 19 | (E) one representative of a statewide broadcast | ||||||
| 20 | association; | ||||||
| 21 | (F) one representative of a statewide towing | ||||||
| 22 | organization; | ||||||
| 23 | (G) the chief of police of a municipality with a | ||||||
| 24 | population under 25,000; | ||||||
| 25 | (H) one representative of a statewide organization | ||||||
| 26 | representing chiefs of police; and | ||||||
| |||||||
| |||||||
| 1 | (I) one representative of the solid waste | ||||||
| 2 | management industry; and | ||||||
| 3 | (J) one representative from a bona fide labor | ||||||
| 4 | organization representing certified road flaggers and | ||||||
| 5 | other road construction workers. | ||||||
| 6 | (c) The members of the Task Force shall serve without | ||||||
| 7 | compensation. | ||||||
| 8 | (d) The Task Force shall meet no fewer than 3 times and | ||||||
| 9 | shall present its report and recommendations, including | ||||||
| 10 | legislative recommendations, if any, on how to better enforce | ||||||
| 11 | Scott's Law and prevent fatalities on Illinois roadways to the | ||||||
| 12 | General Assembly no later than January 1, 2021. | ||||||
| 13 | (e) The Illinois Department of State Police shall provide | ||||||
| 14 | administrative support to the Task Force as needed. | ||||||
| 15 | (f) This Section is repealed on January 1, 2022.
| ||||||
| 16 | (Source: P.A. 101-174, eff. 1-1-20; 101-606, eff. 12-13-19.)
| ||||||
| 17 | (625 ILCS 5/12-612)
| ||||||
| 18 | Sec. 12-612. False or secret compartment in a vehicle.
| ||||||
| 19 | (a) Offenses. It is unlawful for any person: | ||||||
| 20 | (1) to own or operate with criminal intent any
vehicle | ||||||
| 21 | he or
she knows to contain a false or secret compartment | ||||||
| 22 | that is used or has been used to conceal a firearm as | ||||||
| 23 | prohibited by paragraph (a)(4) of Section 24-1 or paragraph | ||||||
| 24 | (a)(1) of Section 24-1.6 of the Criminal Code of 2012, or | ||||||
| 25 | controlled substance as prohibited by the Illinois | ||||||
| |||||||
| |||||||
| 1 | Controlled Substances Act or the Methamphetamine Control | ||||||
| 2 | and Community Protection Act; or | ||||||
| 3 | (2) to install, create, build, or fabricate in any | ||||||
| 4 | vehicle a false
or secret compartment knowing that another | ||||||
| 5 | person intends to use the compartment to conceal a firearm | ||||||
| 6 | as prohibited by paragraph (a)(4) of Section 24-1 of the | ||||||
| 7 | Criminal Code of 2012, or controlled substance as | ||||||
| 8 | prohibited by the Illinois Controlled Substances Act or the | ||||||
| 9 | Methamphetamine Control and Community Protection Act.
| ||||||
| 10 | (b) Definitions. For purposes of this Section: | ||||||
| 11 | (1) "False or secret
compartment" means an enclosure | ||||||
| 12 | integrated into a vehicle that is a modification of the | ||||||
| 13 | vehicle as built by the original manufacturer. | ||||||
| 14 | (2) "Vehicle" means any of the following vehicles | ||||||
| 15 | without regard to whether the vehicles are private or | ||||||
| 16 | commercial, including, but not limited to, cars, trucks, | ||||||
| 17 | buses, aircraft, and watercraft.
| ||||||
| 18 | (c) Forfeiture. Any vehicle containing a false or secret | ||||||
| 19 | compartment used in violation of this Section,
as well as any | ||||||
| 20 | items within that compartment, shall be subject to seizure by
| ||||||
| 21 | the Illinois Department of State Police or by any municipal or | ||||||
| 22 | other local law
enforcement agency within whose jurisdiction | ||||||
| 23 | that property is found as provided
in Sections 36-1 and 36-2 of | ||||||
| 24 | the Criminal Code of 2012 (720 ILCS 5/36-1 and
5/36-2). The | ||||||
| 25 | removal of the false or secret compartment from the
vehicle, or | ||||||
| 26 | the promise to do so, shall not be the basis for a defense to
| ||||||
| |||||||
| |||||||
| 1 | forfeiture of the motor vehicle under Section 36-2 of the | ||||||
| 2 | Criminal Code of 2012
and shall not be the basis for the court | ||||||
| 3 | to release the vehicle to the owner.
| ||||||
| 4 | (d) Sentence. A violation of this Section is a Class 4 | ||||||
| 5 | felony. The sentence imposed for violation of this Section | ||||||
| 6 | shall be served consecutively to any other sentence imposed in | ||||||
| 7 | connection with the firearm, controlled substance, or other | ||||||
| 8 | contraband concealed in the false or secret compartment. | ||||||
| 9 | (e) For purposes of this Section, a new owner is not | ||||||
| 10 | responsible for any conduct that occurred or knowledge of | ||||||
| 11 | conduct that occurred prior to transfer of title.
| ||||||
| 12 | (Source: P.A. 96-202, eff. 1-1-10; 97-1150, eff. 1-25-13.)
| ||||||
| 13 | (625 ILCS 5/13-109.1)
| ||||||
| 14 | Sec. 13-109.1. Annual emission inspection tests;
| ||||||
| 15 | standards; penalties;
funds. | ||||||
| 16 | (a) For each diesel powered vehicle that (i) is registered | ||||||
| 17 | for a gross
weight of
more than 16,000 pounds, (ii) is | ||||||
| 18 | registered within an affected area, and
(iii) is a 2 year
or | ||||||
| 19 | older model year, an annual emission
inspection test
shall be | ||||||
| 20 | conducted at an official testing station certified by the | ||||||
| 21 | Illinois
Department
of Transportation to perform
diesel | ||||||
| 22 | emission inspections pursuant to the standards set forth in
| ||||||
| 23 | subsection
(b) of this
Section. This annual emission inspection | ||||||
| 24 | test may be conducted in conjunction
with a
semi-annual safety | ||||||
| 25 | test.
| ||||||
| |||||||
| |||||||
| 1 | (a-5) (Blank).
| ||||||
| 2 | (b) Diesel emission inspections conducted under this | ||||||
| 3 | Chapter 13 shall be
conducted in accordance with the Society of | ||||||
| 4 | Automotive Engineers Recommended
Practice J1667
| ||||||
| 5 | "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel | ||||||
| 6 | Powered
Vehicles" and the cutpoint standards set forth in the | ||||||
| 7 | United States
Environmental Protection Agency guidance
| ||||||
| 8 | document "Guidance to States on Smoke Opacity Cutpoints to be | ||||||
| 9 | used with the
SAE J1667 In-Use Smoke Test Procedure". Those | ||||||
| 10 | procedures and standards, as
now in effect, are made a part of | ||||||
| 11 | this Code, in the same manner as though they
were set out in | ||||||
| 12 | full in this Code.
| ||||||
| 13 | Notwithstanding the above cutpoint standards, for motor | ||||||
| 14 | vehicles that are
model years 1973 and
older, until
December | ||||||
| 15 | 31,
2002, the level of peak smoke opacity shall not exceed 70 | ||||||
| 16 | percent. Beginning
January
1, 2003, for motor vehicles that are | ||||||
| 17 | model years 1973 and older, the level of
peak smoke
opacity | ||||||
| 18 | shall not exceed 55 percent.
| ||||||
| 19 | (c) If the annual emission inspection under subsection (a) | ||||||
| 20 | reveals
that the vehicle is not in compliance with
the
diesel | ||||||
| 21 | emission standards set forth in subsection (b) of this Section, | ||||||
| 22 | the
operator of the
official
testing station shall issue a | ||||||
| 23 | warning notice requiring correction of the
violation. The | ||||||
| 24 | correction shall be made and the vehicle submitted to an
| ||||||
| 25 | emissions retest at an official testing station certified by | ||||||
| 26 | the Department to
perform diesel emission inspections within 30 | ||||||
| |||||||
| |||||||
| 1 | days from the issuance of the
warning notice requiring | ||||||
| 2 | correction of the violation.
| ||||||
| 3 | If, within 30 days from the issuance of the warning notice, | ||||||
| 4 | the vehicle is
not in compliance with the diesel
emission | ||||||
| 5 | standards set forth in subsection (b) as determined by an | ||||||
| 6 | emissions
retest at an official testing station, the operator | ||||||
| 7 | of the official
testing station or the Department shall place | ||||||
| 8 | the vehicle out-of-service in
accordance with the rules | ||||||
| 9 | promulgated by the Department. Operating a vehicle
that has | ||||||
| 10 | been placed out-of-service under this subsection (c) is a petty
| ||||||
| 11 | offense punishable by a $1,000 fine.
The vehicle must pass a | ||||||
| 12 | diesel emission inspection at an official testing
station | ||||||
| 13 | before it is again placed in service.
The Secretary of State, | ||||||
| 14 | Illinois Department of State Police, and other law enforcement
| ||||||
| 15 | officers shall enforce this Section.
No emergency vehicle, as | ||||||
| 16 | defined in Section 1-105, may be placed out-of-service
pursuant | ||||||
| 17 | to this Section.
| ||||||
| 18 | The Department or an official testing station may issue a | ||||||
| 19 | certificate of
waiver subsequent to a reinspection of a vehicle | ||||||
| 20 | that failed the emissions
inspection. Certificate of waiver | ||||||
| 21 | shall be issued upon determination that
documented proof | ||||||
| 22 | demonstrates that emissions repair costs for the noncompliant
| ||||||
| 23 | vehicle of at least $3,000 have been spent in an effort to | ||||||
| 24 | achieve
compliance with the emission standards set forth in | ||||||
| 25 | subsection (b). The
Department of Transportation shall adopt | ||||||
| 26 | rules for the implementation of this
subsection including | ||||||
| |||||||
| |||||||
| 1 | standards of documented proof as well as the criteria by
which | ||||||
| 2 | a waiver shall be granted.
| ||||||
| 3 | (c-5) (Blank).
| ||||||
| 4 | (d) (Blank).
| ||||||
| 5 | (Source: P.A. 100-700, eff. 8-3-18.)
| ||||||
| 6 | (625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
| ||||||
| 7 | Sec. 15-102. Width of vehicles.
| ||||||
| 8 | (a) On Class III and non-designated State and local | ||||||
| 9 | highways, the total
outside width of any vehicle or load | ||||||
| 10 | thereon shall not exceed 8 feet 6 inches.
| ||||||
| 11 | (b) Except during those times when, due to insufficient | ||||||
| 12 | light or unfavorable
atmospheric conditions, persons and | ||||||
| 13 | vehicles on the highway are not clearly
discernible at a | ||||||
| 14 | distance of 1000 feet, the following vehicles may exceed
the 8 | ||||||
| 15 | feet 6 inch limitation during the period from a half hour | ||||||
| 16 | before
sunrise to a half hour after sunset:
| ||||||
| 17 | (1) Loads of hay, straw or other similar farm products | ||||||
| 18 | provided that the
load is not more than 12 feet wide.
| ||||||
| 19 | (2) Implements of husbandry being transported on | ||||||
| 20 | another vehicle and the
transporting vehicle while loaded.
| ||||||
| 21 | The following requirements apply to the transportation | ||||||
| 22 | on another vehicle
of an implement of husbandry wider than | ||||||
| 23 | 8 feet 6 inches on the National System
of Interstate and | ||||||
| 24 | Defense Highways or other highways in the system of State
| ||||||
| 25 | highways:
| ||||||
| |||||||
| |||||||
| 1 | (A) The driver of a vehicle transporting an | ||||||
| 2 | implement of husbandry
that exceeds 8 feet 6 inches in | ||||||
| 3 | width shall obey all traffic laws and shall
check the | ||||||
| 4 | roadways prior to making a movement in order to ensure | ||||||
| 5 | that adequate
clearance is available for the movement. | ||||||
| 6 | It is prima facie evidence that the
driver of a vehicle | ||||||
| 7 | transporting an implement of husbandry has failed to | ||||||
| 8 | check
the roadway prior to making a movement if the | ||||||
| 9 | vehicle is involved in a
collision with a bridge, | ||||||
| 10 | overpass, fixed structure, or properly placed traffic
| ||||||
| 11 | control device or if the vehicle blocks traffic due
to | ||||||
| 12 | its inability to proceed because of a bridge, overpass, | ||||||
| 13 | fixed structure, or
properly placed traffic control | ||||||
| 14 | device.
| ||||||
| 15 | (B) Flags shall be displayed so as to wave freely | ||||||
| 16 | at the extremities of
overwidth objects and at the | ||||||
| 17 | extreme ends of all protrusions, projections, and
| ||||||
| 18 | overhangs. All flags shall be clean, bright red flags | ||||||
| 19 | with no advertising,
wording, emblem, or insignia | ||||||
| 20 | inscribed upon them and at least 18 inches square.
| ||||||
| 21 | (C) "OVERSIZE LOAD" signs are mandatory on the | ||||||
| 22 | front and rear of all
vehicles with loads over 10 feet | ||||||
| 23 | wide. These signs must have 12-inch high
black letters | ||||||
| 24 | with a 2-inch stroke on a yellow sign that is 7 feet | ||||||
| 25 | wide by 18
inches high.
| ||||||
| 26 | (D) One civilian escort vehicle is required for a | ||||||
| |||||||
| |||||||
| 1 | load that exceeds 14
feet 6 inches in width and 2 | ||||||
| 2 | civilian escort vehicles are required for a
load that | ||||||
| 3 | exceeds 16 feet in width on the National System of | ||||||
| 4 | Interstate and
Defense Highways or other highways in | ||||||
| 5 | the system of State highways.
| ||||||
| 6 | (E) The requirements for a civilian escort vehicle | ||||||
| 7 | and driver are as
follows:
| ||||||
| 8 | (1) The civilian escort vehicle shall be a | ||||||
| 9 | vehicle not exceeding a gross vehicle weight | ||||||
| 10 | rating of 26,000 pounds that is
designed to afford | ||||||
| 11 | clear and unobstructed vision to both front and | ||||||
| 12 | rear.
| ||||||
| 13 | (2) The escort vehicle driver must be properly | ||||||
| 14 | licensed to operate
the vehicle.
| ||||||
| 15 | (3) While in use, the escort vehicle must be | ||||||
| 16 | equipped with illuminated
rotating, oscillating, | ||||||
| 17 | or flashing amber lights or flashing amber strobe | ||||||
| 18 | lights
mounted on top that are of sufficient | ||||||
| 19 | intensity to be visible at 500 feet in
normal | ||||||
| 20 | sunlight.
| ||||||
| 21 | (4) "OVERSIZE LOAD" signs are mandatory on all | ||||||
| 22 | escort vehicles. The
sign on an escort vehicle | ||||||
| 23 | shall have 8-inch high black letters on a yellow
| ||||||
| 24 | sign that is 5 feet wide by 12 inches high.
| ||||||
| 25 | (5) When only one escort vehicle is required | ||||||
| 26 | and it is operating on a
two-lane highway, the | ||||||
| |||||||
| |||||||
| 1 | escort vehicle shall travel approximately 300 feet | ||||||
| 2 | ahead
of the load. The rotating, oscillating, or | ||||||
| 3 | flashing lights or flashing amber
strobe lights | ||||||
| 4 | and an "OVERSIZE LOAD" sign shall be displayed on | ||||||
| 5 | the escort
vehicle and shall be visible from the | ||||||
| 6 | front. When only one escort vehicle is
required and | ||||||
| 7 | it is operating on a multilane divided highway, the | ||||||
| 8 | escort vehicle
shall travel approximately 300 feet | ||||||
| 9 | behind the load and the sign and lights
shall be | ||||||
| 10 | visible from the rear.
| ||||||
| 11 | (6) When 2 escort vehicles are required, one | ||||||
| 12 | escort shall travel
approximately 300 feet ahead | ||||||
| 13 | of the load and the second escort shall travel
| ||||||
| 14 | approximately 300 feet behind the load. The | ||||||
| 15 | rotating, oscillating, or flashing
lights or | ||||||
| 16 | flashing amber strobe lights and an "OVERSIZE | ||||||
| 17 | LOAD" sign shall be
displayed on the escort | ||||||
| 18 | vehicles and shall be visible from the front on the
| ||||||
| 19 | lead escort and from the rear on the trailing | ||||||
| 20 | escort.
| ||||||
| 21 | (7) When traveling within the corporate limits | ||||||
| 22 | of a municipality, the
escort vehicle shall | ||||||
| 23 | maintain a reasonable and proper distance from the
| ||||||
| 24 | oversize load, consistent with existing traffic | ||||||
| 25 | conditions.
| ||||||
| 26 | (8) A separate escort shall be provided for | ||||||
| |||||||
| |||||||
| 1 | each load hauled.
| ||||||
| 2 | (9) The driver of an escort vehicle shall obey | ||||||
| 3 | all traffic laws.
| ||||||
| 4 | (10) The escort vehicle must be in safe | ||||||
| 5 | operational condition.
| ||||||
| 6 | (11) The driver of the escort vehicle must be | ||||||
| 7 | in radio contact with
the driver of the vehicle | ||||||
| 8 | carrying the oversize load.
| ||||||
| 9 | (F) A transport vehicle while under load of more | ||||||
| 10 | than 8 feet 6 inches
in width must be equipped with an | ||||||
| 11 | illuminated rotating, oscillating, or
flashing amber | ||||||
| 12 | light or lights or a flashing amber strobe light or | ||||||
| 13 | lights
mounted on the top of the cab that are of | ||||||
| 14 | sufficient intensity to be visible at
500 feet in | ||||||
| 15 | normal sunlight. If the load on the transport vehicle | ||||||
| 16 | blocks the
visibility of the amber lighting from the | ||||||
| 17 | rear of the vehicle, the vehicle must
also be equipped | ||||||
| 18 | with an illuminated rotating, oscillating, or flashing | ||||||
| 19 | amber
light or lights or a flashing amber strobe light | ||||||
| 20 | or lights mounted on the rear
of the load that are of | ||||||
| 21 | sufficient intensity to be visible at 500 feet in
| ||||||
| 22 | normal sunlight.
| ||||||
| 23 | (G) When a flashing amber light is required on the | ||||||
| 24 | transport vehicle
under load and it is operating on a | ||||||
| 25 | two-lane highway, the transport vehicle
shall display | ||||||
| 26 | to the rear at least one rotating, oscillating, or | ||||||
| |||||||
| |||||||
| 1 | flashing light
or a flashing amber strobe light and an | ||||||
| 2 | "OVERSIZE LOAD" sign. When a flashing
amber light is | ||||||
| 3 | required on the transport vehicle under load and it is | ||||||
| 4 | operating
on a multilane divided highway, the sign and | ||||||
| 5 | light shall be visible from the
rear.
| ||||||
| 6 | (H) Maximum speed shall be 45 miles per hour on all | ||||||
| 7 | such moves or 5
miles per hour above the posted minimum | ||||||
| 8 | speed limit, whichever is greater, but
the vehicle | ||||||
| 9 | shall not at any time exceed the posted maximum speed | ||||||
| 10 | limit.
| ||||||
| 11 | (3) Portable buildings designed and used for | ||||||
| 12 | agricultural and livestock
raising operations that are not | ||||||
| 13 | more than 14 feet wide and with not more
than a 1 foot | ||||||
| 14 | overhang along the left side of the hauling vehicle. | ||||||
| 15 | However,
the buildings shall not be transported more than | ||||||
| 16 | 10 miles and not on any
route that is part of the National | ||||||
| 17 | System of Interstate and Defense Highways.
| ||||||
| 18 | All buildings when being transported shall display at least | ||||||
| 19 | 2 red
cloth flags, not less than 12 inches square, mounted as | ||||||
| 20 | high as practicable
on the left and right side of the building.
| ||||||
| 21 | An Illinois A State Police escort shall be required if it | ||||||
| 22 | is necessary for this load
to use part of the left lane when | ||||||
| 23 | crossing any 2 laned State highway bridge.
| ||||||
| 24 | (c) Vehicles propelled by electric power obtained from | ||||||
| 25 | overhead trolley
wires operated wholly within the corporate | ||||||
| 26 | limits of a municipality are
also exempt from the width | ||||||
| |||||||
| |||||||
| 1 | limitation.
| ||||||
| 2 | (d) (Blank).
| ||||||
| 3 | (d-1) A recreational vehicle, as defined in Section 1-169, | ||||||
| 4 | may exceed 8 feet 6 inches in width if:
| ||||||
| 5 | (1) the excess width is attributable to appurtenances | ||||||
| 6 | that extend 6 inches or less beyond either side of the body | ||||||
| 7 | of the vehicle; and
| ||||||
| 8 | (2) the roadway on which the vehicle is traveling has | ||||||
| 9 | marked lanes for vehicular traffic that are at least 11 | ||||||
| 10 | feet in width. | ||||||
| 11 | As used in this subsection (d-1) and in subsection (d-2), | ||||||
| 12 | the term appurtenance includes (i) a retracted awning and its | ||||||
| 13 | support hardware and (ii) any appendage that is intended to be | ||||||
| 14 | an integral part of a recreational recreation vehicle. | ||||||
| 15 | (d-2) A recreational vehicle that exceeds 8 feet 6 inches | ||||||
| 16 | in width as provided in subsection (d-1) may travel any roadway | ||||||
| 17 | of the State if the vehicle is being operated between a roadway | ||||||
| 18 | permitted under subsection (d-1) and: | ||||||
| 19 | (1) the location where the recreational recreation | ||||||
| 20 | vehicle is garaged; | ||||||
| 21 | (2) the destination of the recreational recreation | ||||||
| 22 | vehicle; or | ||||||
| 23 | (3) a facility for food, fuel, repair, services, or | ||||||
| 24 | rest.
| ||||||
| 25 | (e) A vehicle and load traveling upon the National System | ||||||
| 26 | of Interstate
and Defense Highways or any other highway in the | ||||||
| |||||||
| |||||||
| 1 | system of State highways
that has been designated as a Class I | ||||||
| 2 | or Class II highway by the
Department, or any street or highway | ||||||
| 3 | designated by local authorities, may have a total outside width | ||||||
| 4 | of 8 feet 6
inches, provided that certain safety devices that | ||||||
| 5 | the Department
determines as necessary for the safe and | ||||||
| 6 | efficient operation of motor
vehicles shall not be included in | ||||||
| 7 | the calculation of width.
| ||||||
| 8 | Section 5-35 of the Illinois Administrative Procedure Act | ||||||
| 9 | relating to
procedures for rulemaking shall not apply to the | ||||||
| 10 | designation of highways under
this paragraph (e).
| ||||||
| 11 | (f) Mirrors required by Section 12-502 of this Code and | ||||||
| 12 | other safety devices
identified by the Department may project | ||||||
| 13 | up to 14 inches beyond each side of
a bus and up to 6 inches | ||||||
| 14 | beyond each
side
of any other vehicle, and that projection | ||||||
| 15 | shall not be deemed a
violation of the width restrictions of | ||||||
| 16 | this Section.
| ||||||
| 17 | (g) Any person who is convicted of violating this Section | ||||||
| 18 | is subject to
the penalty as provided in paragraph (b) of | ||||||
| 19 | Section 15-113.
| ||||||
| 20 | (Source: P.A. 100-830, eff. 1-1-19.)
| ||||||
| 21 | (625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
| ||||||
| 22 | Sec. 15-112. Officers to weigh vehicles and require removal | ||||||
| 23 | of excess loads.
| ||||||
| 24 | (a) Any police officer having reason to believe that the | ||||||
| 25 | weight of a
vehicle and load is unlawful shall require the | ||||||
| |||||||
| |||||||
| 1 | driver to stop and submit
to a weighing of the same either by | ||||||
| 2 | means of a portable or stationary
scales that have been tested | ||||||
| 3 | and approved at a frequency prescribed by the
Illinois | ||||||
| 4 | Department of Agriculture, or for those scales operated by the | ||||||
| 5 | State,
when such tests are requested
by
the
Illinois Department | ||||||
| 6 | of State Police, whichever is more frequent.
If such scales are | ||||||
| 7 | not available at the
place where such vehicle
is stopped, the | ||||||
| 8 | police officer shall require that such vehicle be driven
to the | ||||||
| 9 | nearest available scale that has been tested and approved | ||||||
| 10 | pursuant to
this Section
by the
Illinois Department of | ||||||
| 11 | Agriculture. Notwithstanding any provisions of the
Weights and | ||||||
| 12 | Measures Act or the United States Department of Commerce NIST
| ||||||
| 13 | handbook 44, multi or single draft weighing is an acceptable | ||||||
| 14 | method of weighing
by law enforcement for determining a | ||||||
| 15 | violation of Chapter 3 or 15 of this Code.
Law enforcement is | ||||||
| 16 | exempt from the requirements of commercial weighing
| ||||||
| 17 | established in NIST handbook 44.
| ||||||
| 18 | Within 18 months after the effective date of this
| ||||||
| 19 | amendatory Act of the 91st General Assembly, all municipal and | ||||||
| 20 | county
officers,
technicians, and employees who set up and | ||||||
| 21 | operate portable scales for wheel
load or axle load or both and | ||||||
| 22 | issue citations based
on the use
of portable scales for wheel | ||||||
| 23 | load or axle load or both
and who have not successfully | ||||||
| 24 | completed initial classroom and field training
regarding the | ||||||
| 25 | set up and operation of portable scales, shall attend and
| ||||||
| 26 | successfully complete
initial classroom and field training | ||||||
| |||||||
| |||||||
| 1 | administered by the Illinois Law
Enforcement
Training | ||||||
| 2 | Standards Board.
| ||||||
| 3 | (b) Whenever an officer, upon weighing a vehicle and the | ||||||
| 4 | load,
determines that the weight is unlawful, such officer | ||||||
| 5 | shall require the
driver to stop the vehicle in a suitable | ||||||
| 6 | place and remain standing until
such portion of the load is | ||||||
| 7 | removed as may be necessary to reduce the
weight of the vehicle | ||||||
| 8 | to the limit permitted under this Chapter, or to
the limit | ||||||
| 9 | permitted under the terms of a permit issued pursuant to
| ||||||
| 10 | Sections 15-301 through 15-318 and shall forthwith
arrest the | ||||||
| 11 | driver or owner. All material so unloaded shall be cared for
by | ||||||
| 12 | the owner or operator of the vehicle at the risk of such owner | ||||||
| 13 | or operator;
however, whenever a 3 or 4 axle vehicle with a | ||||||
| 14 | tandem axle
dimension greater than 72 inches, but less than 96 | ||||||
| 15 | inches and registered as a
Special Hauling Vehicle is | ||||||
| 16 | transporting asphalt or concrete in the
plastic state that | ||||||
| 17 | exceeds axle weight or gross weight limits by less than
4,000 | ||||||
| 18 | pounds, the owner or operator of the vehicle shall accept the
| ||||||
| 19 | arrest ticket or tickets for the alleged violations under this | ||||||
| 20 | Section and
proceed without shifting or reducing the load being | ||||||
| 21 | transported or may shift or
reduce the load under the | ||||||
| 22 | provisions of subsection (d) or (e) of this Section,
when | ||||||
| 23 | applicable. Any fine imposed following an overweight violation | ||||||
| 24 | by a
vehicle registered as a Special Hauling Vehicle | ||||||
| 25 | transporting asphalt or
concrete in the plastic state shall be | ||||||
| 26 | paid as provided in subsection
4
of paragraph (a) of Section | ||||||
| |||||||
| |||||||
| 1 | 16-105 of this Code.
| ||||||
| 2 | (c) The Department of Transportation may, at the request of | ||||||
| 3 | the
Illinois Department of State Police, erect appropriate | ||||||
| 4 | regulatory signs on any
State highway directing second division | ||||||
| 5 | vehicles to a scale. The
Department of Transportation may also, | ||||||
| 6 | at the direction of any State Police
officer, erect portable | ||||||
| 7 | regulating signs on any highway directing second
division | ||||||
| 8 | vehicles to a portable scale. Every such
vehicle, pursuant to | ||||||
| 9 | such sign, shall stop and be weighed.
| ||||||
| 10 | (d) Whenever any axle load of a vehicle exceeds the axle or | ||||||
| 11 | tandem axle
weight limits permitted by paragraph (a) of Section | ||||||
| 12 | 15-111 by 2000
pounds or less, the owner or operator of the | ||||||
| 13 | vehicle must shift or
remove the excess so as to comply with | ||||||
| 14 | paragraph (a) of Section
15-111. No overweight arrest ticket | ||||||
| 15 | shall be issued to the owner or operator
of the vehicle by any | ||||||
| 16 | officer if the excess weight is shifted or
removed as
required | ||||||
| 17 | by this paragraph.
| ||||||
| 18 | (e) Whenever the gross weight of a vehicle with a | ||||||
| 19 | registered gross
weight of 77,000 pounds or less exceeds the | ||||||
| 20 | weight limits of paragraph
(a) of Section 15-111 of this | ||||||
| 21 | Chapter by 2000 pounds or less,
the owner or operator of the | ||||||
| 22 | vehicle must remove the excess. Whenever
the gross weight of a | ||||||
| 23 | vehicle with a registered gross weight over 77,000 pounds
or | ||||||
| 24 | more exceeds the weight limits of paragraph (a) of Section | ||||||
| 25 | 15-111
by 1,000 pounds or less or 2,000 pounds or less if | ||||||
| 26 | weighed on wheel load
weighers, the owner or operator of the | ||||||
| |||||||
| |||||||
| 1 | vehicle
must remove the excess. In either case no arrest ticket | ||||||
| 2 | for any
overweight violation of this Code shall be issued to | ||||||
| 3 | the owner or operator
of the vehicle by any officer if the | ||||||
| 4 | excess weight is removed as required
by this paragraph.
A | ||||||
| 5 | person who has been granted a special permit under Section | ||||||
| 6 | 15-301 of this
Code shall not be granted a tolerance on wheel | ||||||
| 7 | load weighers.
| ||||||
| 8 | (e-5) Auxiliary power or idle reduction unit (APU) weight. | ||||||
| 9 | (1) A vehicle with a fully functional APU shall be | ||||||
| 10 | allowed an additional 550 pounds or the certified unit | ||||||
| 11 | weight, whichever is less. The additional pounds may be | ||||||
| 12 | allowed in gross, axles, or bridge formula weight limits | ||||||
| 13 | above the legal weight limits except when overweight on an | ||||||
| 14 | axle or axles of the towed unit or units in combination. | ||||||
| 15 | This tolerance shall be given in addition to the limits in | ||||||
| 16 | subsection (d) of this Section. | ||||||
| 17 | (2) An operator of a vehicle equipped with an APU shall | ||||||
| 18 | carry written certification showing the weight of the APU, | ||||||
| 19 | which shall be displayed upon the request of any law | ||||||
| 20 | enforcement officer. | ||||||
| 21 | (3) The operator may be required to demonstrate or | ||||||
| 22 | certify that the APU is fully functional at all times. | ||||||
| 23 | (4) This allowance may not be granted above the weight | ||||||
| 24 | limits specified on any loads permitted under Section | ||||||
| 25 | 15-301 of this Code. | ||||||
| 26 | (f) Whenever an axle load of a vehicle exceeds axle weight | ||||||
| |||||||
| |||||||
| 1 | limits
allowed by the provisions of a permit an arrest ticket | ||||||
| 2 | shall be issued,
but the owner or operator of the vehicle may | ||||||
| 3 | shift the load so as to
comply with the provisions of the | ||||||
| 4 | permit. Where such shifting of a load
to comply with the permit | ||||||
| 5 | is accomplished, the owner or operator of the
vehicle may then | ||||||
| 6 | proceed.
| ||||||
| 7 | (g) Any driver of a vehicle who refuses to stop and submit | ||||||
| 8 | his
vehicle and load to weighing after being directed to do so | ||||||
| 9 | by an officer
or removes or causes the removal of the load or | ||||||
| 10 | part of it prior to
weighing is guilty of a business offense | ||||||
| 11 | and shall be fined not less
than $500 nor more than $2,000.
| ||||||
| 12 | (Source: P.A. 99-717, eff. 8-5-16.)
| ||||||
| 13 | (625 ILCS 5/15-201) (from Ch. 95 1/2, par. 15-201)
| ||||||
| 14 | Sec. 15-201. Vehicles exceeding prescribed weight limits - | ||||||
| 15 | Preventing use of highway by. The Illinois Department of State | ||||||
| 16 | Police is directed to institute
and maintain
a program designed | ||||||
| 17 | to prevent the use of public highways by vehicles which
exceed | ||||||
| 18 | the maximum weights allowed by Section 15-111 of this Act or | ||||||
| 19 | which
exceeds the maximum weights allowed as evidenced by the | ||||||
| 20 | license plates
attached to such vehicle and which license is | ||||||
| 21 | required by this Act.
| ||||||
| 22 | (Source: P.A. 84-25.)
| ||||||
| 23 | (625 ILCS 5/15-202) (from Ch. 95 1/2, par. 15-202)
| ||||||
| 24 | Sec. 15-202. Enforcement.
| ||||||
| |||||||
| |||||||
| 1 | Such program shall make provision for an intensive campaign | ||||||
| 2 | by the Illinois State
Police to apprehend any violators of the | ||||||
| 3 | acts above mentioned, and at all
times to maintain a vigilant | ||||||
| 4 | watch for possible violators of such acts.
| ||||||
| 5 | (Source: P.A. 77-506.)
| ||||||
| 6 | (625 ILCS 5/15-203) (from Ch. 95 1/2, par. 15-203)
| ||||||
| 7 | Sec. 15-203. Records
of violations.
The Illinois | ||||||
| 8 | Department of State Police shall maintain records
of the number
| ||||||
| 9 | of violators of such acts apprehended and the number of | ||||||
| 10 | convictions
obtained. A resume of such records shall be | ||||||
| 11 | included in the Department's
annual report to the Governor; and | ||||||
| 12 | the Department shall also present such
resume to each regular | ||||||
| 13 | session of the General Assembly.
| ||||||
| 14 | The requirement for reporting to the General Assembly shall | ||||||
| 15 | be satisfied
by filing copies of the report as required
by | ||||||
| 16 | Section 3.1 of the General Assembly Organization Act, and | ||||||
| 17 | filing such additional copies with the State Government
Report | ||||||
| 18 | Distribution Center for the General Assembly as is required | ||||||
| 19 | under
paragraph (t) of Section 7 of the State Library Act.
| ||||||
| 20 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
| 21 | (625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)
| ||||||
| 22 | Sec. 15-305.
Fees for legal weight but overdimension | ||||||
| 23 | Vehicles, Combinations,
and Loads, other than House Trailer | ||||||
| 24 | Combinations.
Fees for special permits to move overdimension | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | vehicles, combinations, and
loads, other than house trailer | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | combinations, shall be paid by the applicant
to the Department | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | at the following rates:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | Permits issued under this Section shall be for a vehicle, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | or vehicle
combination and load not exceeding legal weights; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | and, in the case of the
limited continuous operation, shall be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | for the same vehicle, vehicle
combination or like load.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | Escort requirements shall be as prescribed in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | Department's Rules and
Regulations. Fees for the Illinois State | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | Police vehicle escort, when required, shall
be in addition to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | the permit fees.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | (Source: P.A. 89-219, eff. 1-1-96.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | (625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | Sec. 16-102. Arrests - Investigations - Prosecutions. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | (a) The Illinois State Police shall patrol the public | ||||||
| 2 | highways and make arrests
for violation of the provisions of | ||||||
| 3 | this Act.
| ||||||
| 4 | (b) The Secretary of State, through the investigators | ||||||
| 5 | provided for in
this Act shall investigate and report | ||||||
| 6 | violations of the provisions of
this Act in relation to the | ||||||
| 7 | equipment and operation of vehicles as
provided for in Section | ||||||
| 8 | 2-115 and for such purposes these investigators
have and may | ||||||
| 9 | exercise throughout the State all of the powers of police | ||||||
| 10 | officers.
| ||||||
| 11 | (c) The State's Attorney of the county in which the | ||||||
| 12 | violation occurs
shall prosecute all violations except when the | ||||||
| 13 | violation occurs within
the corporate limits of a municipality, | ||||||
| 14 | the municipal attorney may
prosecute if written permission to | ||||||
| 15 | do so is obtained from the State's
Attorney. | ||||||
| 16 | (d) The State's Attorney of the county in which the | ||||||
| 17 | violation occurs may not grant to the municipal attorney | ||||||
| 18 | permission to prosecute if the offense charged is a felony | ||||||
| 19 | under Section 11-501 of this Code. The municipality may, | ||||||
| 20 | however, charge an offender with a municipal misdemeanor | ||||||
| 21 | offense if the State's Attorney rejects or denies felony | ||||||
| 22 | charges for the conduct that comprises the charge.
| ||||||
| 23 | (Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.)
| ||||||
| 24 | (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
| ||||||
| 25 | Sec. 16-105. Disposition of fines and forfeitures.
| ||||||
| |||||||
| |||||||
| 1 | (a) Except as provided in Section 15-113 of this Act and | ||||||
| 2 | except those amounts subject to disbursement by the circuit
| ||||||
| 3 | clerk under the Criminal and Traffic Assessment Act, fines and | ||||||
| 4 | penalties
recovered under the provisions of Chapters 3 through | ||||||
| 5 | 17 and 18b inclusive of this
Code shall be paid and used as | ||||||
| 6 | follows:
| ||||||
| 7 | 1. For offenses committed upon a highway within the | ||||||
| 8 | limits of a
city, village, or incorporated town or under | ||||||
| 9 | the jurisdiction of any
park district, to the treasurer of | ||||||
| 10 | the particular city, village,
incorporated town or park | ||||||
| 11 | district, if the violator was arrested by the
authorities | ||||||
| 12 | of the city, village, incorporated town or park district,
| ||||||
| 13 | provided the police officers and officials of cities, | ||||||
| 14 | villages,
incorporated towns and park districts shall | ||||||
| 15 | seasonably prosecute for all
fines and penalties under this | ||||||
| 16 | Code. If the violation is prosecuted by
the authorities of | ||||||
| 17 | the county, any fines or penalties recovered shall be
paid | ||||||
| 18 | to the county treasurer, except that fines and penalties | ||||||
| 19 | recovered from violations arrested by the Illinois State | ||||||
| 20 | Police shall be remitted to the State Police Law | ||||||
| 21 | Enforcement Administration Fund. Provided further that if | ||||||
| 22 | the violator was
arrested by the Illinois State Police, | ||||||
| 23 | fines and penalties recovered under the
provisions of | ||||||
| 24 | paragraph (a) of Section 15-113 of this Code or paragraph | ||||||
| 25 | (e)
of Section 15-316 of this Code shall be paid
over to | ||||||
| 26 | the Illinois Department of State Police which shall | ||||||
| |||||||
| |||||||
| 1 | thereupon remit the
amount of the fines and penalties so | ||||||
| 2 | received to the State Treasurer who shall
deposit the | ||||||
| 3 | amount so remitted in the special fund in the State | ||||||
| 4 | treasury
known as the Road Fund except that if the | ||||||
| 5 | violation is prosecuted by the
State's Attorney, 10% of the | ||||||
| 6 | fine or penalty recovered shall be paid to
the State's | ||||||
| 7 | Attorney as a fee of his office and the balance shall be
| ||||||
| 8 | paid over to the Illinois Department of State Police for | ||||||
| 9 | remittance to and
deposit by the State Treasurer as | ||||||
| 10 | hereinabove provided.
| ||||||
| 11 | 2. Except as provided in paragraph 4, for offenses | ||||||
| 12 | committed upon any
highway outside the limits of a
city, | ||||||
| 13 | village, incorporated town or park district, to the county
| ||||||
| 14 | treasurer of the county where the offense was committed | ||||||
| 15 | except if such
offense was committed on a highway | ||||||
| 16 | maintained by or under the
supervision of a township, | ||||||
| 17 | township district, or a road district to the
Treasurer | ||||||
| 18 | thereof for deposit in the road and bridge fund of such
| ||||||
| 19 | township or other district, except that fines and penalties | ||||||
| 20 | recovered from violations arrested by the Illinois State | ||||||
| 21 | Police shall be remitted to the State Police Law | ||||||
| 22 | Enforcement Administration Fund; provided, that fines and | ||||||
| 23 | penalties recovered
under the provisions of paragraph (a) | ||||||
| 24 | of Section 15-113, paragraph (d) of
Section 3-401, or | ||||||
| 25 | paragraph (e) of Section 15-316 of this Code shall
be paid | ||||||
| 26 | over to the Illinois Department of State Police which shall | ||||||
| |||||||
| |||||||
| 1 | thereupon remit
the amount of the fines and penalties so | ||||||
| 2 | received to the State Treasurer
who shall deposit the | ||||||
| 3 | amount so remitted in the special fund in the State
| ||||||
| 4 | treasury known as the Road Fund except that if the | ||||||
| 5 | violation is prosecuted
by the State's Attorney, 10% of the | ||||||
| 6 | fine or penalty recovered shall be paid
to the State's | ||||||
| 7 | Attorney as a fee of his office and the balance shall be
| ||||||
| 8 | paid over to the Illinois Department of State Police for | ||||||
| 9 | remittance to and deposit
by the State Treasurer as | ||||||
| 10 | hereinabove provided.
| ||||||
| 11 | 3. Notwithstanding subsections 1 and 2 of this | ||||||
| 12 | paragraph, for violations
of overweight and overload | ||||||
| 13 | limits found in Sections 15-101 through 15-203
of this | ||||||
| 14 | Code, which are committed upon the highways belonging to | ||||||
| 15 | the Illinois
State Toll Highway Authority, fines and | ||||||
| 16 | penalties shall be paid over to
the Illinois State Toll | ||||||
| 17 | Highway Authority for deposit with the State Treasurer
into | ||||||
| 18 | that special fund known as the Illinois State Toll Highway | ||||||
| 19 | Authority
Fund, except that if the violation is prosecuted | ||||||
| 20 | by the State's Attorney,
10% of the fine or penalty | ||||||
| 21 | recovered shall be paid to the State's Attorney
as a fee of | ||||||
| 22 | his office and the balance shall be paid over to the | ||||||
| 23 | Illinois
State Toll Highway Authority for remittance to and | ||||||
| 24 | deposit by the State
Treasurer as hereinabove provided.
| ||||||
| 25 | 4. With regard to violations of overweight and overload | ||||||
| 26 | limits found in
Sections 15-101 through 15-203 of this Code | ||||||
| |||||||
| |||||||
| 1 | committed by operators of vehicles
registered as Special | ||||||
| 2 | Hauling Vehicles, for offenses committed upon a highway
| ||||||
| 3 | within the limits of a city, village, or incorporated town | ||||||
| 4 | or under the
jurisdiction of any park district, all fines | ||||||
| 5 | and penalties shall be paid over
or retained as required in | ||||||
| 6 | paragraph 1. However, with regard to the above
offenses | ||||||
| 7 | committed by operators of vehicles registered as Special | ||||||
| 8 | Hauling
Vehicles upon any highway outside the limits of a | ||||||
| 9 | city, village, incorporated
town or park district, fines | ||||||
| 10 | and penalties shall be paid over or retained by
the entity | ||||||
| 11 | having jurisdiction over the road or highway upon which the | ||||||
| 12 | offense
occurred, except that if the violation is | ||||||
| 13 | prosecuted by the State's Attorney,
10% of the fine or | ||||||
| 14 | penalty recovered shall be paid to the State's Attorney as | ||||||
| 15 | a
fee of his office.
| ||||||
| 16 | (b) Failure, refusal or neglect on the part of any judicial | ||||||
| 17 | or other
officer or employee receiving or having custody of any | ||||||
| 18 | such fine or
forfeiture either before or after a deposit with | ||||||
| 19 | the proper official as
defined in paragraph (a) of this | ||||||
| 20 | Section, shall constitute misconduct in
office and shall be | ||||||
| 21 | grounds for removal therefrom.
| ||||||
| 22 | (Source: P.A. 100-987, eff. 7-1-19.)
| ||||||
| 23 | (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
| ||||||
| 24 | Sec. 18a-200. General powers and duties of Commission. The | ||||||
| 25 | Commission shall:
| ||||||
| |||||||
| |||||||
| 1 | (1) Regulate commercial vehicle relocators and their | ||||||
| 2 | employees or agents in
accordance with this Chapter and to that | ||||||
| 3 | end may establish reasonable
requirements with respect to | ||||||
| 4 | proper service and practices relating
thereto;
| ||||||
| 5 | (2) Require the maintenance of uniform systems of accounts, | ||||||
| 6 | records
and the preservation thereof;
| ||||||
| 7 | (3) Require that all drivers and other personnel used in | ||||||
| 8 | relocation be
employees of a licensed relocator;
| ||||||
| 9 | (4) Regulate equipment leasing to and by relocators;
| ||||||
| 10 | (5) Adopt reasonable and proper rules covering the exercise | ||||||
| 11 | of
powers conferred upon it by this Chapter, and reasonable | ||||||
| 12 | rules governing
investigations, hearings and proceedings under | ||||||
| 13 | this Chapter;
| ||||||
| 14 | (6) Set reasonable rates for the commercial towing or | ||||||
| 15 | removal of trespassing
vehicles from private property. The | ||||||
| 16 | rates shall not exceed the mean average of
the 5 highest rates | ||||||
| 17 | for police tows within the territory to which this Chapter
| ||||||
| 18 | applies that are performed under Sections 4-201 and 4-214 of | ||||||
| 19 | this Code and that
are of record at hearing; provided that the | ||||||
| 20 | Commission shall not re-calculate
the maximum specified herein | ||||||
| 21 | if the order containing the previous calculation
was entered | ||||||
| 22 | within one calendar year of the date on which the new order is
| ||||||
| 23 | entered. Set reasonable rates for the storage, for periods in | ||||||
| 24 | excess of 24
hours, of the vehicles in connection with the | ||||||
| 25 | towing or removal; however,
no relocator shall impose charges | ||||||
| 26 | for storage for the first 24 hours
after towing or removal. Set | ||||||
| |||||||
| |||||||
| 1 | reasonable rates for other services provided
by relocators, | ||||||
| 2 | provided that the rates shall not be charged to the owner or
| ||||||
| 3 | operator of a relocated vehicle. Any fee charged by a
relocator | ||||||
| 4 | for the use of a credit card that is used to pay for any service
| ||||||
| 5 | rendered by the relocator shall be included in the total amount | ||||||
| 6 | that shall
not exceed the maximum reasonable rate established | ||||||
| 7 | by the Commission. The
Commission shall require a relocator to | ||||||
| 8 | refund any amount charged in excess
of the reasonable rate | ||||||
| 9 | established by the Commission, including any fee for
the use of | ||||||
| 10 | a credit card;
| ||||||
| 11 | (7) Investigate and maintain current files of the criminal | ||||||
| 12 | records,
if any, of all relocators and their employees and of | ||||||
| 13 | all applicants for
relocator's license, operator's licenses | ||||||
| 14 | and dispatcher's licenses. If the
Commission determines that an | ||||||
| 15 | applicant for a license issued
under this Chapter will be | ||||||
| 16 | subjected to a criminal history records
check, the applicant | ||||||
| 17 | shall submit his or her fingerprints to the
Illinois Department | ||||||
| 18 | of State Police in the form and manner prescribed by the | ||||||
| 19 | Illinois Department of State Police. These fingerprints shall | ||||||
| 20 | be checked against the Illinois Department of State Police and | ||||||
| 21 | Federal Bureau of Investigation criminal history record
| ||||||
| 22 | information databases now and hereafter filed. The Illinois | ||||||
| 23 | Department of State Police
shall charge the applicant a
fee
for | ||||||
| 24 | conducting the criminal history records check, which shall be | ||||||
| 25 | deposited in
the State Police Services Fund and shall not | ||||||
| 26 | exceed the actual cost of the
records check. The Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State Police shall furnish pursuant to
positive
| ||||||
| 2 | identification, records of conviction to the Commission;
| ||||||
| 3 | (8) Issue relocator's licenses, dispatcher's employment | ||||||
| 4 | permits, and
operator's employment permits in accordance with | ||||||
| 5 | Article IV of this Chapter;
| ||||||
| 6 | (9) Establish fitness standards for applicants seeking | ||||||
| 7 | relocator
licensees and holders of relocator licenses;
| ||||||
| 8 | (10) Upon verified complaint in writing by any
person, | ||||||
| 9 | organization or body politic, or upon its own initiative may,
| ||||||
| 10 | investigate whether any commercial vehicle relocator, | ||||||
| 11 | operator, dispatcher,
or person otherwise required to comply | ||||||
| 12 | with any provision of this Chapter
or any rule promulgated | ||||||
| 13 | hereunder, has failed to comply with any
provision or rule;
| ||||||
| 14 | (11) Whenever the Commission receives notice from the | ||||||
| 15 | Secretary of State
that any domestic or foreign corporation | ||||||
| 16 | regulated under this Chapter has
not paid a franchise tax, | ||||||
| 17 | license fee or penalty required under the Business
Corporation | ||||||
| 18 | Act of 1983, institute proceedings
for the revocation of the | ||||||
| 19 | license or right to engage in any business
required under this | ||||||
| 20 | Chapter or the suspension thereof until such time as
the | ||||||
| 21 | delinquent franchise tax, license fee or penalty is paid.
| ||||||
| 22 | (Source: P.A. 93-418, eff. 1-1-04.)
| ||||||
| 23 | (625 ILCS 5/18b-112)
| ||||||
| 24 | Sec. 18b-112. Intermodal trailer, chassis, and safety.
| ||||||
| 25 | (a) Definitions. For purposes of this Section:
| ||||||
| |||||||
| |||||||
| 1 | "Department" means the Department of State
Police.
| ||||||
| 2 | "Equipment interchange agreement" means a
written document | ||||||
| 3 | executed by the intermodal
equipment provider and operator at | ||||||
| 4 | the time the
equipment is interchanged by the provider to the
| ||||||
| 5 | operator.
| ||||||
| 6 | "Equipment provider" is the owner of an intermodal trailer, | ||||||
| 7 | chassis, or
container.
This includes any forwarding company, | ||||||
| 8 | water carrier, steamship line, railroad,
vehicle
equipment | ||||||
| 9 | leasing company, and their subsidiary or affiliated companies | ||||||
| 10 | owning
the
equipment.
| ||||||
| 11 | "Federal motor carrier safety regulations"
means | ||||||
| 12 | regulations promulgated by the United
States Department of | ||||||
| 13 | Transportation governing
the condition and maintenance of | ||||||
| 14 | commercial
motor vehicles contained in Title 49 of the
United | ||||||
| 15 | States Code of Federal Regulations on the
day of enactment of | ||||||
| 16 | this Act or as amended or
revised by the United States | ||||||
| 17 | Department of
Transportation thereafter.
| ||||||
| 18 | "Interchange" means the act of providing a
vehicle to a | ||||||
| 19 | motor carrier by an equipment
provider for the purpose of | ||||||
| 20 | transporting the
vehicle for loading or unloading by another | ||||||
| 21 | party
or the repositioning of the vehicle for the benefit
of | ||||||
| 22 | the equipment provider. "Interchange" does
not include the | ||||||
| 23 | leasing of the vehicle by a motor
carrier from an | ||||||
| 24 | owner-operator pursuant to
subpart B of Part 376 of Title 49 of | ||||||
| 25 | the Code of
Federal Regulations or the leasing of a vehicle to
| ||||||
| 26 | a motor carrier for use in the motor carrier's over-the-road | ||||||
| |||||||
| |||||||
| 1 | freight hauling
operations.
| ||||||
| 2 | "Operator" means a motor carrier or driver of
a commercial | ||||||
| 3 | motor vehicle.
| ||||||
| 4 | "Vehicle" means an intermodal trailer,
chassis, or | ||||||
| 5 | container.
| ||||||
| 6 | (b) Responsibility of equipment
provider. An equipment | ||||||
| 7 | provider shall not
interchange or offer for interchange a | ||||||
| 8 | vehicle
with an operator for use on a highway which
vehicle is | ||||||
| 9 | in violation of the requirements
contained in the federal motor | ||||||
| 10 | carrier safety
regulations. It is the responsibility of the
| ||||||
| 11 | equipment provider to inspect and, if a vehicle at
the time of | ||||||
| 12 | inspection does not comply with all
federal motor carrier | ||||||
| 13 | safety regulation
requirements, perform the necessary repairs | ||||||
| 14 | on,
all vehicles prior to interchange or offering for
| ||||||
| 15 | interchange.
| ||||||
| 16 | (c) Duty of inspection by the
operator. Before | ||||||
| 17 | interchanging a vehicle with an
operator, an equipment provider | ||||||
| 18 | must provide the
operator the opportunity and facilities to | ||||||
| 19 | perform
a visual inspection of the equipment. The operator must | ||||||
| 20 | determine
if it complies with the provisions of the federal
| ||||||
| 21 | motor carrier safety regulation capable of being
determined | ||||||
| 22 | from an inspection. If the operator
determines that the vehicle | ||||||
| 23 | does not comply with
the provisions of the federal motor | ||||||
| 24 | carrier safety
regulations, the equipment provider shall
| ||||||
| 25 | immediately perform the necessary repairs to the
vehicle so | ||||||
| 26 | that it complies with the federal motor
carrier safety | ||||||
| |||||||
| |||||||
| 1 | regulations or shall immediately
provide the operator with | ||||||
| 2 | another vehicle.
| ||||||
| 3 | (d) Presumption of defect prior to
interchange.
| ||||||
| 4 | (1) If as a result of a roadside inspection by
the | ||||||
| 5 | Illinois State Police Department, any of the defects listed | ||||||
| 6 | in
paragraph (2) are discovered, a rebuttable presumption | ||||||
| 7 | existed at the time of
the interchange. If a summons or | ||||||
| 8 | complaint is
issued to the operator, the operator may seek
| ||||||
| 9 | relief pursuant to paragraph (3).
| ||||||
| 10 | (2) A rebuttable presumption exists that the following | ||||||
| 11 | defects were
present at the time of the interchange:
| ||||||
| 12 | (A) There is a defect with the brake drum
when:
| ||||||
| 13 | (I) the drum cracks;
| ||||||
| 14 | (II) the lining is
loose or missing; or
| ||||||
| 15 | (III) the lining is saturated with oil.
| ||||||
| 16 | (B) There is a defect of inoperative
brakes when:
| ||||||
| 17 | (I) there is no movement of any
components;
| ||||||
| 18 | (II) there are missing, broken, or loose
| ||||||
| 19 | components; or
| ||||||
| 20 | (III) there are mismatched components.
| ||||||
| 21 | (C) There is a defect with the air lines and
tubing | ||||||
| 22 | when:
| ||||||
| 23 | (I) there is a bulge and swelling;
| ||||||
| 24 | (II) there is an audible air leak; or
| ||||||
| 25 | (III) there are air lines broken, cracked,
or | ||||||
| 26 | crimped.
| ||||||
| |||||||
| |||||||
| 1 | (D) There is a defect with the reservoir
tank when | ||||||
| 2 | there is any separation of original
attachment points.
| ||||||
| 3 | (E) There is a defect with the frames
when:
| ||||||
| 4 | (I) there is any cracked, loose,
sagging, or | ||||||
| 5 | broken frame members which
measure one and | ||||||
| 6 | one-half inch in web or one
inch or longer in | ||||||
| 7 | bottom flange or any crack
extending from web | ||||||
| 8 | radius into bottom flange; or
| ||||||
| 9 | (II) there is any condition which causes
| ||||||
| 10 | moving parts to come in contact with the frame.
| ||||||
| 11 | (F) There is an electrical defect when
wires are | ||||||
| 12 | chaffed.
| ||||||
| 13 | (G) There is a defect with the wheel
assembly when:
| ||||||
| 14 | (I) there is low or no oil;
| ||||||
| 15 | (II) there is oil leakage on brake
components;
| ||||||
| 16 | (III) there are lug nuts that are loose or | ||||||
| 17 | missing; or
| ||||||
| 18 | (IV) the wheel bearings are not properly
| ||||||
| 19 | maintained.
| ||||||
| 20 | (H) There is a defect with the tires when:
| ||||||
| 21 | (I) there is improper inflation;
| ||||||
| 22 | (II) there is tire separation from the
casing; | ||||||
| 23 | or
| ||||||
| 24 | (III) there are exposed plys or belting | ||||||
| 25 | material.
| ||||||
| 26 | (I) There is defect with rim cracks when:
| ||||||
| |||||||
| |||||||
| 1 | (I) there is any circumferential crack,
except | ||||||
| 2 | a manufactured crack; or
| ||||||
| 3 | (II) there is a lock or side ring cracked, | ||||||
| 4 | bent, broken, sprung,
improperly seated, or | ||||||
| 5 | mismatched.
| ||||||
| 6 | (J) There is a defect with the suspension
when:
| ||||||
| 7 | (I) there are spring assembly leaves
broken, | ||||||
| 8 | missing, or separated; or
| ||||||
| 9 | (II) there are spring hanger, u-bolts, or
axle | ||||||
| 10 | positioning components cracked, broken
loose, or | ||||||
| 11 | missing.
| ||||||
| 12 | (K) There is a defect with the chassis
locking pins | ||||||
| 13 | when there is any twist lock or
fitting for securement | ||||||
| 14 | that is sprung, broken, or
improperly latched.
| ||||||
| 15 | (3) If an operator receives a citation for a
violation | ||||||
| 16 | due to a defect in any equipment
specified in subsection | ||||||
| 17 | (d)(2),
the
equipment provider shall reimburse the | ||||||
| 18 | operator for
any:
| ||||||
| 19 | (A) fines and costs, including court costs
and | ||||||
| 20 | reasonable attorneys fees, incurred as a result
of the | ||||||
| 21 | citation; and
| ||||||
| 22 | (B) costs incurred by the operator to repair
the | ||||||
| 23 | defects specified in the citation, including any
| ||||||
| 24 | towing costs incurred.
| ||||||
| 25 | The equipment provider shall reimburse the operator | ||||||
| 26 | within 30 days of
the final court action. If the equipment | ||||||
| |||||||
| |||||||
| 1 | provider fails to reimburse the
operator within 30 days, | ||||||
| 2 | the operator has a civil cause of action against the
| ||||||
| 3 | equipment provider.
| ||||||
| 4 | (e) Fines and penalties. Any person
violating the | ||||||
| 5 | provisions of this Section shall be fined
no less than $50 and | ||||||
| 6 | no more than $500 for each
violation.
| ||||||
| 7 | (f) Obligation of motor carrier.
Nothing in this Section is | ||||||
| 8 | intended to eliminate the
responsibility and obligation of a | ||||||
| 9 | motor carrier and operator to
maintain and operate vehicles in | ||||||
| 10 | accordance with
the federal motor carrier safety regulations | ||||||
| 11 | and
applicable State and local laws and regulations.
| ||||||
| 12 | (g) This Section shall not be applied, construed, or | ||||||
| 13 | implemented in any
manner inconsistent with, or in conflict | ||||||
| 14 | with, any provision of the federal
motor carrier safety | ||||||
| 15 | regulations.
| ||||||
| 16 | (Source: P.A. 91-662, eff. 7-1-00.)
| ||||||
| 17 | (625 ILCS 5/18c-1702) (from Ch. 95 1/2, par. 18c-1702)
| ||||||
| 18 | Sec. 18c-1702. Responsibility for Enforcement. It shall be | ||||||
| 19 | the duty of the Commission and of the Illinois State Police
and | ||||||
| 20 | the Secretary of State to conduct investigations, make
arrests, | ||||||
| 21 | and take any other action necessary for the enforcement
of this | ||||||
| 22 | Chapter.
| ||||||
| 23 | (Source: P.A. 84-796.)
| ||||||
| 24 | (625 ILCS 5/18c-4601) (from Ch. 95 1/2, par. 18c-4601)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 18c-4601.
Cab Card and Identifier to be Carried and | ||||||
| 2 | Displayed in Each
Vehicle.
| ||||||
| 3 | (1) General Provisions.
| ||||||
| 4 | (a) Carrying Requirement. Each motor vehicle used in | ||||||
| 5 | for-hire
transportation upon the
public roads of this State | ||||||
| 6 | shall carry a current
cab card together with an identifier | ||||||
| 7 | issued by or under authority of the Commission.
If the carrier | ||||||
| 8 | is an intrastate motor carrier of property, the prescribed
| ||||||
| 9 | intrastate cab card and identifier shall be required; if the | ||||||
| 10 | carrier is an
interstate motor carrier of property, the | ||||||
| 11 | prescribed interstate cab card
and identifier shall be | ||||||
| 12 | required.
| ||||||
| 13 | (b) Execution and Presentation Requirement.
Such cab card | ||||||
| 14 | shall be properly executed by the carrier. The cab
card, with | ||||||
| 15 | an identifier affixed or printed thereon, shall be carried in | ||||||
| 16 | the
vehicle for which it was executed. The cab card and | ||||||
| 17 | identifier shall be
presented upon request to any
authorized | ||||||
| 18 | employee of the Commission or the Illinois State
Police or | ||||||
| 19 | Secretary of State.
| ||||||
| 20 | (c) Deadlines for Execution, Carrying, and Presentation. | ||||||
| 21 | Cab cards
and identifiers shall be executed, carried, and | ||||||
| 22 | presented no earlier than
December 1 of the calendar year | ||||||
| 23 | preceding the calendar year for which fees
are owing, and no | ||||||
| 24 | later than February 1 of the calendar year for which fees
are | ||||||
| 25 | owing, unless otherwise provided in Commission regulations and | ||||||
| 26 | orders.
| ||||||
| |||||||
| |||||||
| 1 | (2) Interstate Compensated Intercorporate Hauling and
| ||||||
| 2 | Single-Source Leasing.
The provisions of subsection (1) of this | ||||||
| 3 | Section apply to
motor vehicles used in interstate compensated | ||||||
| 4 | intercorporate
hauling or which are leased, with drivers, to | ||||||
| 5 | private
carriers for use in interstate commerce, as well as to | ||||||
| 6 | other
motor vehicles used in for-hire transportation upon the
| ||||||
| 7 | public roads of this State. However, the Commission may:
| ||||||
| 8 | (a) Exempt such carriers from the requirements of this
| ||||||
| 9 | Article;
| ||||||
| 10 | (b) Subject any exemption to such reasonable terms and
| ||||||
| 11 | conditions as the Commission deems necessary to
effectuate the | ||||||
| 12 | purposes of this Chapter; and
| ||||||
| 13 | (c) Revoke any exemption granted hereunder if it deems
| ||||||
| 14 | revocation necessary to effectuate the purposes of this | ||||||
| 15 | Chapter.
| ||||||
| 16 | (Source: P.A. 85-553.)
| ||||||
| 17 | Section 940. The Automated Traffic Control Systems in | ||||||
| 18 | Highway Construction or Maintenance Zones Act is amended by | ||||||
| 19 | changing Sections 10 and 25 as follows:
| ||||||
| 20 | (625 ILCS 7/10)
| ||||||
| 21 | Sec. 10. Establishment of automated control systems.
The | ||||||
| 22 | Illinois Department of State Police may establish an automated | ||||||
| 23 | traffic control system in any construction or maintenance zone | ||||||
| 24 | established by the Department of Transportation or the Illinois | ||||||
| |||||||
| |||||||
| 1 | State Toll Highway Authority. An automated traffic control | ||||||
| 2 | system may operate only during those periods when workers are | ||||||
| 3 | present in the construction or maintenance zone. In any | ||||||
| 4 | prosecution based upon evidence obtained through an automated | ||||||
| 5 | traffic control system established under this Act, the State | ||||||
| 6 | must prove that one or more workers were present in the | ||||||
| 7 | construction or maintenance zone when the violation occurred.
| ||||||
| 8 | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | ||||||
| 9 | 94-814, eff. 1-1-07.)
| ||||||
| 10 | (625 ILCS 7/25)
| ||||||
| 11 | Sec. 25. Limitations on the use of automated traffic | ||||||
| 12 | enforcement systems. | ||||||
| 13 | (a) The Illinois Department of State Police must conduct a | ||||||
| 14 | public information campaign to inform drivers about the use of | ||||||
| 15 | automated traffic
control systems in highway construction or | ||||||
| 16 | maintenance zones before establishing any of those systems. The | ||||||
| 17 | Illinois Department of State Police shall adopt rules for | ||||||
| 18 | implementing this subsection (a). | ||||||
| 19 | (b) Signs indicating that speeds are enforced by automated | ||||||
| 20 | traffic control systems must be clearly posted in the areas | ||||||
| 21 | where the systems are in use. | ||||||
| 22 | (c) Operation of automated traffic control systems is | ||||||
| 23 | limited to areas where road construction or maintenance is | ||||||
| 24 | occurring. | ||||||
| 25 | (d) Photographs obtained in this manner may only be used as | ||||||
| |||||||
| |||||||
| 1 | evidence in relation to a violation of Section 11-605.1 of the | ||||||
| 2 | Illinois Vehicle Code for which the photograph is taken. The | ||||||
| 3 | photographs are available only to the owner of the vehicle, the | ||||||
| 4 | offender and the offender's attorney, the judiciary, the local | ||||||
| 5 | State's Attorney, and law enforcement officials. | ||||||
| 6 | (e) If the driver of the vehicle cannot be identified | ||||||
| 7 | through the photograph, the owner is not liable for the fine, | ||||||
| 8 | and the citation may not be counted against the driving record | ||||||
| 9 | of the owner. If the driver can be identified, the driver is | ||||||
| 10 | liable for the fine, and the violation is counted against his | ||||||
| 11 | or her driving record.
| ||||||
| 12 | (Source: P.A. 93-947, eff. 8-19-04.)
| ||||||
| 13 | Section 945. The Child Passenger Protection Act is amended | ||||||
| 14 | by changing Section 7 as follows:
| ||||||
| 15 | (625 ILCS 25/7) (from Ch. 95 1/2, par. 1107)
| ||||||
| 16 | Sec. 7. Arrests - Prosecutions. The Illinois State Police | ||||||
| 17 | shall patrol the public
highways and make arrests for a | ||||||
| 18 | violation of this Act. Police officers shall
make arrests for | ||||||
| 19 | violations of this Act occurring upon the highway within
the | ||||||
| 20 | limits of a county, city, village, or unincorporated town or | ||||||
| 21 | park district.
| ||||||
| 22 | The State's Attorney of the county in which the violation | ||||||
| 23 | of this Act occurs
shall prosecute all violations except when | ||||||
| 24 | the violation occurs within the
corporate limits of a | ||||||
| |||||||
| |||||||
| 1 | municipality, the municipal attorney may prosecute if
written | ||||||
| 2 | permission to do so is obtained from the State's Attorney.
| ||||||
| 3 | The provisions of this Act shall not apply to a child | ||||||
| 4 | passenger with a
physical disability of such a nature as to | ||||||
| 5 | prevent appropriate
restraint in a seat, provided that the | ||||||
| 6 | disability is duly
certified by a physician who shall state the | ||||||
| 7 | nature of the disability, as well
as the reason the restraint | ||||||
| 8 | is inappropriate. No physician shall be liable,
and no cause of | ||||||
| 9 | action may be brought for personal injuries resulting from the
| ||||||
| 10 | exercise of good faith judgment in making certifications under | ||||||
| 11 | this provision.
| ||||||
| 12 | (Source: P.A. 88-685, eff. 1-24-95.)
| ||||||
| 13 | Section 950. The Boat Registration and Safety Act is | ||||||
| 14 | amended by changing Sections 3A-6, 3C-2, 3C-5, 3C-9, 5-16b, | ||||||
| 15 | 5-16c, 5-22, and 6-1 as follows:
| ||||||
| 16 | (625 ILCS 45/3A-6) (from Ch. 95 1/2, par. 313A-6)
| ||||||
| 17 | Sec. 3A-6. Stolen and recovered watercraft.
| ||||||
| 18 | (a) Every sheriff, superintendent of police, chief of | ||||||
| 19 | police or other
police officer in command of any police | ||||||
| 20 | department in any city, village or
town of the State shall, by | ||||||
| 21 | the fastest means of communications available
to his or her law | ||||||
| 22 | enforcement agency, immediately report to the Illinois | ||||||
| 23 | Department of State Police the theft or recovery of any stolen | ||||||
| 24 | or converted watercraft
within his or her district or | ||||||
| |||||||
| |||||||
| 1 | jurisdiction. The report shall give the date
of theft, | ||||||
| 2 | description of the watercraft including color, manufacturer's
| ||||||
| 3 | trade name, manufacturer's series name, identification number | ||||||
| 4 | and
registration number, including the state in which the | ||||||
| 5 | registration number
was issued, together with the name, | ||||||
| 6 | residence address, business address,
and telephone number of | ||||||
| 7 | the owner. The report shall be routed by the
originating law | ||||||
| 8 | enforcement agency through the Illinois State Police in a form | ||||||
| 9 | and
manner prescribed by the Illinois Department of State | ||||||
| 10 | Police.
| ||||||
| 11 | (b) A registered owner or a lienholder may report the theft | ||||||
| 12 | by
conversion of a watercraft to the Illinois Department of | ||||||
| 13 | State Police or any other
police department or sheriff's | ||||||
| 14 | office. The report will be accepted as a
report of theft and | ||||||
| 15 | processed only if a formal complaint is on file and a
warrant | ||||||
| 16 | issued.
| ||||||
| 17 | (c) The Illinois Department of State Police shall keep a | ||||||
| 18 | complete record of all
reports filed under this Section. Upon | ||||||
| 19 | receipt of the report, a careful
search shall be made of the | ||||||
| 20 | records of the Illinois Department of State Police, and
where | ||||||
| 21 | it is found that a watercraft reported recovered was stolen in | ||||||
| 22 | a
county, city, village or town other than the county, city, | ||||||
| 23 | village or town
in which it is recovered, the recovering agency | ||||||
| 24 | shall notify the reporting
agency of the recovery in a form and | ||||||
| 25 | manner prescribed by the Illinois Department of State Police.
| ||||||
| 26 | (d) Notification of the theft of a watercraft will be | ||||||
| |||||||
| |||||||
| 1 | furnished to the
Department of Natural Resources by the | ||||||
| 2 | Illinois Department of State Police. The
Department of Natural | ||||||
| 3 | Resources shall place the proper
information in the title
| ||||||
| 4 | registration files and in the certificate of number files to | ||||||
| 5 | indicate the
theft of a watercraft. Notification of the | ||||||
| 6 | recovery of a watercraft
previously reported as a theft or a | ||||||
| 7 | conversion will be furnished to the
Department of Natural | ||||||
| 8 | Resources by the Illinois Department of State Police. The
| ||||||
| 9 | Department of Natural Resources shall remove the proper
| ||||||
| 10 | information from the
certificate of number and title | ||||||
| 11 | registration files that has previously
indicated the theft of a | ||||||
| 12 | watercraft. The Department of Natural Resources shall
suspend | ||||||
| 13 | the certificate of number of a watercraft upon receipt of a | ||||||
| 14 | report
that the watercraft was stolen.
| ||||||
| 15 | (e) When the Department of Natural Resources receives
an | ||||||
| 16 | application for a
certificate of title or an application for a | ||||||
| 17 | certificate
of number of a watercraft and it is determined from | ||||||
| 18 | the records that
the watercraft has been reported stolen, the | ||||||
| 19 | Department of Natural
Resources,
Division of Law Enforcement, | ||||||
| 20 | shall immediately notify the Illinois State Police and
shall | ||||||
| 21 | give the Illinois State Police the name and address of the | ||||||
| 22 | person or firm
titling or registering the watercraft, together | ||||||
| 23 | with all other information
contained in the application | ||||||
| 24 | submitted by the person or firm.
| ||||||
| 25 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 45/3C-2) (from Ch. 95 1/2, par. 313C-2)
| ||||||
| 2 | Sec. 3C-2.
Notification to law
enforcement agencies. When | ||||||
| 3 | an abandoned, lost, stolen or unclaimed
watercraft comes into | ||||||
| 4 | the temporary possession or custody of a person in
this State, | ||||||
| 5 | not the owner of the watercraft, such person shall immediately
| ||||||
| 6 | notify the municipal police when the watercraft is within the | ||||||
| 7 | corporate
limits of any city, village or town having a duly | ||||||
| 8 | authorized police
department, or the Illinois State Police, | ||||||
| 9 | Conservation Police or the county sheriff
when the watercraft | ||||||
| 10 | is outside the corporate limits of a city, village or
town. | ||||||
| 11 | Upon receipt of such notification, the municipal police, State
| ||||||
| 12 | Police, Conservation Police, or county sheriff will authorize a | ||||||
| 13 | towing
service to remove and take possession of the abandoned, | ||||||
| 14 | lost, stolen or
unclaimed watercraft. The towing service will | ||||||
| 15 | safely keep the towed
watercraft and its contents, and maintain | ||||||
| 16 | a record of the tow as set forth in
Section 3C-4 for law | ||||||
| 17 | enforcement agencies, until the watercraft is claimed
by the | ||||||
| 18 | owner or any other person legally entitled to possession | ||||||
| 19 | thereof or
until it is disposed of as provided in this Article.
| ||||||
| 20 | (Source: P.A. 84-646.)
| ||||||
| 21 | (625 ILCS 45/3C-5) (from Ch. 95 1/2, par. 313C-5)
| ||||||
| 22 | Sec. 3C-5. Record searches. When a law enforcement agency | ||||||
| 23 | authorizing
the impounding of a watercraft does not know the | ||||||
| 24 | identity of the registered
owner, lienholder or other legally | ||||||
| 25 | entitled person, that law enforcement
agency will cause the | ||||||
| |||||||
| |||||||
| 1 | watercraft registration records of the State of
Illinois to be | ||||||
| 2 | searched by the Department of Natural
Resources for the purpose
| ||||||
| 3 | of obtaining the required ownership information. The law | ||||||
| 4 | enforcement agency
authorizing the impounding of a watercraft | ||||||
| 5 | will cause the stolen watercraft
files of the Illinois State | ||||||
| 6 | Police to be searched by a directed communication to the | ||||||
| 7 | Illinois
State Police for stolen or wanted information on the | ||||||
| 8 | watercraft. When the Illinois
State Police files are searched | ||||||
| 9 | with negative results, the information
contained in the | ||||||
| 10 | National Crime Information Center (NCIC) files will be
searched | ||||||
| 11 | by the Illinois State Police. The information determined from | ||||||
| 12 | these record
searches will be returned to the requesting law | ||||||
| 13 | enforcement agency for that
agency's use in sending a | ||||||
| 14 | notification by certified mail to the registered
owner, | ||||||
| 15 | lienholder and other legally entitled persons advising where | ||||||
| 16 | the
watercraft is held, requesting that a disposition be made | ||||||
| 17 | and setting forth
public sale information.
Notification shall | ||||||
| 18 | be sent no later than 10 days after the date the law
| ||||||
| 19 | enforcement agency impounds or authorizes the impounding of a | ||||||
| 20 | watercraft,
provided that if the law enforcement agency is | ||||||
| 21 | unable to determine the
identity of the registered owner, | ||||||
| 22 | lienholder or other person legally
entitled to ownership of the | ||||||
| 23 | impounded watercraft within a 10 day period
after impoundment, | ||||||
| 24 | then notification shall be sent no later than 2 days
after the | ||||||
| 25 | date the identity of the registered owner, lienholder or other
| ||||||
| 26 | person legally entitled to ownership of the impounded | ||||||
| |||||||
| |||||||
| 1 | watercraft is
determined. Exceptions to a notification by | ||||||
| 2 | certified mail to
the registered owner, lienholder and other | ||||||
| 3 | legally entitled persons are set
forth in Section 3C-9.
| ||||||
| 4 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
| 5 | (625 ILCS 45/3C-9) (from Ch. 95 1/2, par. 313C-9)
| ||||||
| 6 | Sec. 3C-9. Disposal of unclaimed watercraft without | ||||||
| 7 | notice.
| ||||||
| 8 | (a) When the identity of the registered owner, lienholder | ||||||
| 9 | and other person
legally entitled to the possession of an | ||||||
| 10 | abandoned, lost or unclaimed
watercraft of 7 years of age or | ||||||
| 11 | newer cannot be determined by any means
provided for in this | ||||||
| 12 | Article, the watercraft may be sold as provided in Section
3C-8 | ||||||
| 13 | without notice to any person whose identity cannot be | ||||||
| 14 | determined.
| ||||||
| 15 | (b) When an abandoned watercraft of more than 7 years of | ||||||
| 16 | age is
impounded as specified by this Article, it will be kept | ||||||
| 17 | in custody for a
minimum of 10 days for the purpose of | ||||||
| 18 | determining the identity of the
registered owner and | ||||||
| 19 | lienholder, contacting the registered owner and
lienholder for | ||||||
| 20 | a
determination of disposition, and an examination of the | ||||||
| 21 | Illinois State Police stolen
watercraft files for the theft and | ||||||
| 22 | wanted information. At the expiration
of the 10 day period, if | ||||||
| 23 | disposition information has not been
received from the | ||||||
| 24 | registered owner or the lienholder, the law enforcement
agency | ||||||
| 25 | having jurisdiction will authorize the disposal of the | ||||||
| |||||||
| |||||||
| 1 | watercraft
as junk.
| ||||||
| 2 | However, if, in the opinion of the police
officer | ||||||
| 3 | processing the watercraft, it has a value of $200 or
more and | ||||||
| 4 | can be restored to safe operating condition, the law | ||||||
| 5 | enforcement
agency may authorize its purchase for salvage and | ||||||
| 6 | the Department of
Natural Resources may issue a certificate of | ||||||
| 7 | title.
A watercraft classified as a historical watercraft may | ||||||
| 8 | be
sold to a person desiring to restore it.
| ||||||
| 9 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
| 10 | (625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
| ||||||
| 11 | Sec. 5-16b. Preliminary breath screening test. If a law
| ||||||
| 12 | enforcement officer has reasonable suspicion to believe
that a | ||||||
| 13 | person is violating or
has violated Section 5-16 or a similar | ||||||
| 14 | provision of a local
ordinance, the officer, prior to an | ||||||
| 15 | arrest, may request the
person to provide a
sample of his or | ||||||
| 16 | her breath for a preliminary breath screening test using a
| ||||||
| 17 | portable device approved by the Illinois Department of State | ||||||
| 18 | Police. The results of
this preliminary breath screening test | ||||||
| 19 | may be used by the law enforcement
officer for the purpose of | ||||||
| 20 | assisting with the determination of whether to
require a | ||||||
| 21 | chemical test as authorized under Section 5-16 and the
| ||||||
| 22 | appropriate type of test to request. Any chemical test | ||||||
| 23 | authorized under
Section 5-16 may be requested by the officer | ||||||
| 24 | regardless of the
result of the preliminary breath screening | ||||||
| 25 | test if probable cause for an arrest
exists. The result of a | ||||||
| |||||||
| |||||||
| 1 | preliminary breath screening test may be used by the
defendant | ||||||
| 2 | as evidence in any administrative or court proceeding
involving | ||||||
| 3 | a violation of Section 5-16.
| ||||||
| 4 | (Source: P.A. 90-215, eff. 1-1-98; 91-828, eff. 1-1-01.)
| ||||||
| 5 | (625 ILCS 45/5-16c) | ||||||
| 6 | Sec. 5-16c. Operator involvement in personal injury or | ||||||
| 7 | fatal boating accident; chemical tests. | ||||||
| 8 | (a) Any person who operates or is in actual physical | ||||||
| 9 | control of a motorboat within this State and who has been | ||||||
| 10 | involved in a personal injury or fatal boating accident shall | ||||||
| 11 | be deemed to have given consent to a breath test using a | ||||||
| 12 | portable device as approved by the Illinois Department of State | ||||||
| 13 | Police or to a chemical test or tests of blood, breath, other | ||||||
| 14 | bodily substance, or urine for the purpose of determining the | ||||||
| 15 | content of alcohol, other drug or drugs, or intoxicating | ||||||
| 16 | compound or compounds of the person's blood if arrested as | ||||||
| 17 | evidenced by the issuance of a uniform citation for a violation | ||||||
| 18 | of the Boat Registration and Safety Act or a similar provision | ||||||
| 19 | of a local ordinance, with the exception of equipment | ||||||
| 20 | violations contained in Article IV of this Act or similar | ||||||
| 21 | provisions of local ordinances. The test or tests shall be | ||||||
| 22 | administered at the direction of the arresting officer. The law | ||||||
| 23 | enforcement agency employing the officer shall designate which | ||||||
| 24 | of the aforesaid tests shall be administered. Up to 2 | ||||||
| 25 | additional tests of urine or other bodily substance may be | ||||||
| |||||||
| |||||||
| 1 | administered even after a blood or breath test or both has been | ||||||
| 2 | administered. Compliance with this Section does not relieve the | ||||||
| 3 | person from the requirements of any other Section of this Act. | ||||||
| 4 | (b) Any person who is dead, unconscious, or who is | ||||||
| 5 | otherwise in a
condition rendering that person incapable of | ||||||
| 6 | refusal shall be deemed not to
have withdrawn the consent | ||||||
| 7 | provided by subsection (a) of this Section. In
addition, if an | ||||||
| 8 | operator of a motorboat is receiving medical treatment as a
| ||||||
| 9 | result of a boating accident, any physician licensed to | ||||||
| 10 | practice
medicine, licensed physician assistant, licensed | ||||||
| 11 | advanced practice registered nurse, registered nurse, or a | ||||||
| 12 | phlebotomist acting under the direction of
a licensed physician | ||||||
| 13 | shall withdraw blood for testing purposes to ascertain
the | ||||||
| 14 | presence of alcohol, other drug or drugs, or intoxicating
| ||||||
| 15 | compound or compounds, upon the specific request of a law
| ||||||
| 16 | enforcement officer. However, this testing shall not be | ||||||
| 17 | performed until, in
the opinion of the medical personnel on | ||||||
| 18 | scene, the withdrawal can be made
without interfering with or | ||||||
| 19 | endangering the well-being of the patient. | ||||||
| 20 | (c) A person who is a CDL holder requested to submit to a | ||||||
| 21 | test under subsection (a) of this Section shall be
warned by | ||||||
| 22 | the law enforcement officer requesting the test that a refusal | ||||||
| 23 | to
submit to the test, or submission to the test resulting in | ||||||
| 24 | an alcohol
concentration of 0.08 or more, or any amount of a | ||||||
| 25 | drug, substance,
or intoxicating compound
resulting from the | ||||||
| 26 | unlawful use or consumption of cannabis listed in the
Cannabis | ||||||
| |||||||
| |||||||
| 1 | Control Act, a controlled substance listed in the Illinois
| ||||||
| 2 | Controlled Substances Act, an intoxicating compound listed in | ||||||
| 3 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
| 4 | listed in the Methamphetamine Control and Community Protection | ||||||
| 5 | Act as detected in the person's blood, other bodily substance, | ||||||
| 6 | or urine, may
result in the suspension of the person's | ||||||
| 7 | privilege to operate a motor vehicle and may result in the | ||||||
| 8 | disqualification of the person's privilege to operate a | ||||||
| 9 | commercial motor vehicle, as provided in Section 6-514 of the | ||||||
| 10 | Illinois Vehicle Code. A person who is not a CDL holder | ||||||
| 11 | requested to submit to a test under subsection (a) of this | ||||||
| 12 | Section shall be
warned by the law enforcement officer | ||||||
| 13 | requesting the test that a refusal to
submit to the test, or | ||||||
| 14 | submission to the test resulting in an alcohol
concentration of | ||||||
| 15 | 0.08 or more, a tetrahydrocannabinol concentration in the | ||||||
| 16 | person's whole blood or other bodily substance as defined in | ||||||
| 17 | paragraph 6 of subsection (a) of Section 11-501.2 of the | ||||||
| 18 | Illinois Vehicle Code, or any amount of a drug, substance,
or | ||||||
| 19 | intoxicating compound
resulting from the unlawful use or | ||||||
| 20 | consumption of a controlled substance listed in the Illinois
| ||||||
| 21 | Controlled Substances Act, an intoxicating compound listed in | ||||||
| 22 | the Use of
Intoxicating Compounds Act, or methamphetamine as | ||||||
| 23 | listed in the Methamphetamine Control and Community Protection | ||||||
| 24 | Act as detected in the person's blood, other bodily substance, | ||||||
| 25 | or urine, may
result in the suspension of the person's | ||||||
| 26 | privilege to operate a motor vehicle.
The length of the | ||||||
| |||||||
| |||||||
| 1 | suspension shall be the same as outlined in Section
6-208.1 of | ||||||
| 2 | the Illinois Vehicle Code regarding statutory summary | ||||||
| 3 | suspensions. | ||||||
| 4 | (d) If the person is a CDL holder and refuses testing or | ||||||
| 5 | submits to a test which discloses
an alcohol concentration of | ||||||
| 6 | 0.08 or more, or any amount of a drug,
substance,
or | ||||||
| 7 | intoxicating compound in the person's blood, other bodily | ||||||
| 8 | substance, or urine resulting from the
unlawful use or
| ||||||
| 9 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
| 10 | controlled
substance listed in the Illinois Controlled | ||||||
| 11 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
| 12 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
| 13 | Methamphetamine Control and Community Protection Act, the law
| ||||||
| 14 | enforcement officer shall immediately submit a sworn report to | ||||||
| 15 | the Secretary of
State on a form prescribed by the Secretary of | ||||||
| 16 | State, certifying that the test or tests
were requested under | ||||||
| 17 | subsection (a) of this Section and the person refused to submit | ||||||
| 18 | to a
test or tests or submitted to testing which disclosed an | ||||||
| 19 | alcohol concentration
of 0.08 or more, or any amount of a drug, | ||||||
| 20 | substance, or intoxicating
compound
in the
person's blood, | ||||||
| 21 | other bodily substance, or urine, resulting from the unlawful | ||||||
| 22 | use or consumption of
cannabis listed in the Cannabis Control | ||||||
| 23 | Act, a controlled substance
listed in
the Illinois Controlled | ||||||
| 24 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
| 25 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
| 26 | Methamphetamine Control and Community Protection Act. If the | ||||||
| |||||||
| |||||||
| 1 | person is not a CDL holder and refuses testing or submits to a | ||||||
| 2 | test which discloses
an alcohol concentration of 0.08 or more, | ||||||
| 3 | a tetrahydrocannabinol concentration in the person's whole | ||||||
| 4 | blood or other bodily substance as defined in paragraph 6 of | ||||||
| 5 | subsection (a) of Section 11-501.2 of the Illinois Vehicle | ||||||
| 6 | Code, or any amount of a drug,
substance,
or intoxicating | ||||||
| 7 | compound in the person's blood, other bodily substance, or | ||||||
| 8 | urine resulting from the
unlawful use or
consumption of a | ||||||
| 9 | controlled
substance listed in the Illinois Controlled | ||||||
| 10 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
| 11 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
| 12 | Methamphetamine Control and Community Protection Act, the law
| ||||||
| 13 | enforcement officer shall immediately submit a sworn report to | ||||||
| 14 | the Secretary of
State on a form prescribed by the Secretary of | ||||||
| 15 | State, certifying that the test or tests
were requested under | ||||||
| 16 | subsection (a) of this Section and the person refused to submit | ||||||
| 17 | to a
test or tests or submitted to testing which disclosed an | ||||||
| 18 | alcohol concentration
of 0.08 or more, a tetrahydrocannabinol | ||||||
| 19 | concentration in the person's whole blood or other bodily | ||||||
| 20 | substance as defined in paragraph 6 of subsection (a) of | ||||||
| 21 | Section 11-501.2 of the Illinois Vehicle Code, or any amount of | ||||||
| 22 | a drug, substance, or intoxicating
compound
in the
person's | ||||||
| 23 | blood or urine, resulting from the unlawful use or consumption | ||||||
| 24 | of
a controlled substance
listed in
the Illinois Controlled | ||||||
| 25 | Substances Act,
an intoxicating compound listed in
the Use of | ||||||
| 26 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
| |||||||
| |||||||
| 1 | Methamphetamine Control and Community Protection Act. | ||||||
| 2 | Upon receipt of the sworn report of a law enforcement | ||||||
| 3 | officer, the
Secretary of State shall enter the suspension and | ||||||
| 4 | disqualification to the person's driving record and the
| ||||||
| 5 | suspension and disqualification shall be effective on the 46th | ||||||
| 6 | day following the date notice of the
suspension was given to | ||||||
| 7 | the person. | ||||||
| 8 | The law enforcement officer submitting the sworn report | ||||||
| 9 | shall serve immediate
notice of this suspension on the person | ||||||
| 10 | and this suspension and disqualification shall be effective
on | ||||||
| 11 | the 46th day following the date notice was given. | ||||||
| 12 | In cases involving a person who is a CDL holder where the | ||||||
| 13 | blood alcohol concentration of 0.08 or more,
or any amount
of a | ||||||
| 14 | drug, substance, or intoxicating compound resulting from the | ||||||
| 15 | unlawful
use or
consumption of cannabis listed in the Cannabis | ||||||
| 16 | Control Act, a
controlled
substance listed in the Illinois | ||||||
| 17 | Controlled Substances Act,
an
intoxicating
compound listed in | ||||||
| 18 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
| 19 | listed in the Methamphetamine Control and Community Protection | ||||||
| 20 | Act, is established by a
subsequent analysis of blood, other | ||||||
| 21 | bodily substance, or urine collected at the time of arrest, the
| ||||||
| 22 | arresting officer shall give notice as provided in this Section | ||||||
| 23 | or by deposit
in the United States mail of this notice in an | ||||||
| 24 | envelope with postage prepaid
and addressed to the person at | ||||||
| 25 | his or her address as shown on the uniform citation and the | ||||||
| 26 | suspension and disqualification shall be effective on the 46th | ||||||
| |||||||
| |||||||
| 1 | day following the date
notice was given. In cases involving a | ||||||
| 2 | person who is not a CDL holder where the blood alcohol | ||||||
| 3 | concentration of 0.08 or more, a tetrahydrocannabinol | ||||||
| 4 | concentration in the person's whole blood or other bodily | ||||||
| 5 | substance as defined in paragraph 6 of subsection (a) of | ||||||
| 6 | Section 11-501.2 of the Illinois Vehicle Code,
or any amount
of | ||||||
| 7 | a drug, substance, or intoxicating compound resulting from the | ||||||
| 8 | unlawful
use or
consumption of a
controlled
substance listed in | ||||||
| 9 | the Illinois Controlled Substances Act,
an
intoxicating
| ||||||
| 10 | compound listed in the Use of Intoxicating Compounds Act, or | ||||||
| 11 | methamphetamine as listed in the Methamphetamine Control and | ||||||
| 12 | Community Protection Act, is established by a
subsequent | ||||||
| 13 | analysis of blood, other bodily substance, or urine collected | ||||||
| 14 | at the time of arrest, the
arresting officer shall give notice | ||||||
| 15 | as provided in this Section or by deposit
in the United States | ||||||
| 16 | mail of this notice in an envelope with postage prepaid
and | ||||||
| 17 | addressed to the person at his or her address as shown on the | ||||||
| 18 | uniform citation and the suspension shall be effective on the | ||||||
| 19 | 46th day following the date
notice was given. | ||||||
| 20 | Upon receipt of the sworn report of a law enforcement | ||||||
| 21 | officer, the Secretary of State
shall also give notice of the | ||||||
| 22 | suspension and disqualification to the person by mailing a | ||||||
| 23 | notice of
the effective date of the suspension and | ||||||
| 24 | disqualification to the person. However, should the
sworn | ||||||
| 25 | report be defective by not containing sufficient information or | ||||||
| 26 | be
completed in error, the notice of the suspension and | ||||||
| |||||||
| |||||||
| 1 | disqualification shall not be mailed to the
person or entered | ||||||
| 2 | to the driving record, but rather the sworn report shall be
| ||||||
| 3 | returned to the issuing law enforcement agency. | ||||||
| 4 | (e) A person may contest this suspension of his or her
| ||||||
| 5 | driving privileges and disqualification of his or her CDL | ||||||
| 6 | privileges by
requesting an administrative hearing with the | ||||||
| 7 | Secretary of State in accordance with
Section 2-118 of the | ||||||
| 8 | Illinois Vehicle Code. At the conclusion of a hearing held | ||||||
| 9 | under
Section 2-118 of the Illinois Vehicle Code, the Secretary | ||||||
| 10 | of State may rescind, continue, or modify the
orders
of | ||||||
| 11 | suspension and disqualification. If the Secretary of State does | ||||||
| 12 | not rescind the orders of suspension and disqualification, a | ||||||
| 13 | restricted
driving permit may be granted by the Secretary of | ||||||
| 14 | State upon application being made and
good cause shown. A | ||||||
| 15 | restricted driving permit may be granted to relieve undue
| ||||||
| 16 | hardship to allow driving for employment, educational, and | ||||||
| 17 | medical purposes as
outlined in Section 6-206 of the Illinois | ||||||
| 18 | Vehicle Code. The provisions of Section 6-206 of
the Illinois | ||||||
| 19 | Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the | ||||||
| 20 | Secretary of State may not issue a restricted driving permit | ||||||
| 21 | for the operation of a commercial motor vehicle to a person | ||||||
| 22 | holding a CDL whose driving privileges have been suspended, | ||||||
| 23 | revoked, cancelled, or disqualified. | ||||||
| 24 | (f) For the purposes of this Section, a personal injury | ||||||
| 25 | shall include
any type A injury as indicated on the accident | ||||||
| 26 | report completed
by a law enforcement officer that requires | ||||||
| |||||||
| |||||||
| 1 | immediate professional attention
in a doctor's office or a | ||||||
| 2 | medical facility. A type A injury shall
include severely | ||||||
| 3 | bleeding wounds, distorted extremities, and injuries that
| ||||||
| 4 | require the injured party to be carried from the scene.
| ||||||
| 5 | (Source: P.A. 99-697, eff. 7-29-16; 100-513, eff. 1-1-18.)
| ||||||
| 6 | (625 ILCS 45/5-22) | ||||||
| 7 | Sec. 5-22. Operation of watercraft upon the approach of an | ||||||
| 8 | authorized emergency watercraft. | ||||||
| 9 | (a) As used in this Section, "authorized emergency | ||||||
| 10 | watercraft" includes any watercraft operated by the Illinois | ||||||
| 11 | Department of Natural Resources Police, the Illinois | ||||||
| 12 | Department of State Police, a county sheriff, a local law | ||||||
| 13 | enforcement agency, a fire department, a provider of emergency | ||||||
| 14 | medical services, or the United States Coast Guard, equipped | ||||||
| 15 | with alternately flashing red, blue, red and white, red and | ||||||
| 16 | blue, or red in combination with white or blue lights, while | ||||||
| 17 | engaged in official duties. Any authorized emergency | ||||||
| 18 | watercraft must be clearly emblazoned with markings | ||||||
| 19 | identifying it as a watercraft operated by the qualifying | ||||||
| 20 | agency. | ||||||
| 21 | (b) Upon the immediate approach of an authorized emergency | ||||||
| 22 | watercraft making use of rotating or flashing visual signals | ||||||
| 23 | and lawfully making use of a visual signal, the operator of | ||||||
| 24 | every other watercraft
shall yield the right-of-way and shall | ||||||
| 25 | immediately reduce the speed of the watercraft, so as not to | ||||||
| |||||||
| |||||||
| 1 | create a wake, and shall yield way to the emergency watercraft, | ||||||
| 2 | moving to the right to permit the safe passage of the emergency | ||||||
| 3 | watercraft, and shall stop and remain in that position until | ||||||
| 4 | the authorized emergency watercraft has passed, unless | ||||||
| 5 | otherwise directed by a police officer.
| ||||||
| 6 | (c) Upon approaching a stationary authorized emergency | ||||||
| 7 | watercraft, when the
authorized emergency watercraft is giving | ||||||
| 8 | a signal by displaying rotating or alternately
flashing
red, | ||||||
| 9 | blue, red and white, red and blue, or red in combination with | ||||||
| 10 | white or blue lights, a
person operating an approaching | ||||||
| 11 | watercraft shall proceed with due caution at no-wake speed and | ||||||
| 12 | yield the right-of-way by moving safely away from that | ||||||
| 13 | authorized emergency watercraft, proceeding with due caution | ||||||
| 14 | at a no-wake speed with due regard to safety and water | ||||||
| 15 | conditions, maintaining no-wake speed until sufficiently away | ||||||
| 16 | from the emergency watercraft so as not to create a wake that | ||||||
| 17 | would otherwise rock or otherwise disturb the authorized | ||||||
| 18 | emergency watercraft.
| ||||||
| 19 | (d) This Section shall not operate to relieve the operator | ||||||
| 20 | of an
authorized emergency watercraft from the duty to operate | ||||||
| 21 | that watercraft with due regard for the
safety of all persons | ||||||
| 22 | using the waterway.
| ||||||
| 23 | (e) A person who violates this Section commits a business
| ||||||
| 24 | offense punishable by a fine of not less than $100 or more than | ||||||
| 25 | $10,000. It is a factor in
aggravation if the person committed | ||||||
| 26 | the offense while in violation of Section
5-16 of this Act.
| ||||||
| |||||||
| |||||||
| 1 | (f) If a violation of this Section results in damage to
the
| ||||||
| 2 | property of another person, in addition to any other penalty | ||||||
| 3 | imposed,
the person's watercraft operating privileges shall be | ||||||
| 4 | suspended for a fixed
period of not less than 90 days and not | ||||||
| 5 | more than one year.
| ||||||
| 6 | (g) If a violation of this Section results in injury to
| ||||||
| 7 | another
person, in addition to any other penalty imposed,
the | ||||||
| 8 | person's watercraft operating privileges shall be suspended | ||||||
| 9 | for a fixed period of not
less
than 180
days and not more than 2 | ||||||
| 10 | years.
| ||||||
| 11 | (h) If a violation of subsection (c) of this Section | ||||||
| 12 | results in great bodily harm or permanent disability or | ||||||
| 13 | disfigurement to, or the death of,
another person, in addition | ||||||
| 14 | to any other penalty imposed,
the person's watercraft operating | ||||||
| 15 | privileges shall be suspended for 2 years.
| ||||||
| 16 | (i) The Department of Natural Resources shall, upon | ||||||
| 17 | receiving a record of a judgment
entered against a person under | ||||||
| 18 | this Section:
| ||||||
| 19 | (1) suspend the person's watercraft operating | ||||||
| 20 | privileges for the mandatory period; or
| ||||||
| 21 | (2) extend the period of an existing suspension by the | ||||||
| 22 | appropriate
mandatory period.
| ||||||
| 23 | (Source: P.A. 98-102, eff. 7-22-13.)
| ||||||
| 24 | (625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
| ||||||
| 25 | Sec. 6-1. Collisions, accidents, and casualties; reports.
| ||||||
| |||||||
| |||||||
| 1 | A. The operator of a vessel involved in a collision, | ||||||
| 2 | accident, or other
casualty, so far as he can without serious | ||||||
| 3 | danger to his own vessel,
crew, passengers and guests, if any, | ||||||
| 4 | shall render to other persons affected
by the collision, | ||||||
| 5 | accident, or other casualty assistance as may be
practicable | ||||||
| 6 | and as may be necessary in order to save them from or minimize
| ||||||
| 7 | any danger caused by the collision, accident, or other | ||||||
| 8 | casualty, and also
shall give his name, address, and | ||||||
| 9 | identification of his vessel to any
person injured and to the | ||||||
| 10 | owner of any property damaged in the collision,
accident, or | ||||||
| 11 | other casualty.
| ||||||
| 12 | If the collision, accident, or other casualty has resulted | ||||||
| 13 | in the death of
or
personal injury to any person, failure to | ||||||
| 14 | comply with this subsection A is a
Class A
misdemeanor.
| ||||||
| 15 | A-1. Any person who has failed to stop or to comply with | ||||||
| 16 | the
requirements of subsection A must, as soon as possible but | ||||||
| 17 | in no case
later than one hour after
the collision, accident, | ||||||
| 18 | or other casualty, or, if hospitalized and
incapacitated from | ||||||
| 19 | reporting at any
time during that period, as soon as possible | ||||||
| 20 | but in no case later than one
hour
after
being discharged from | ||||||
| 21 | the
hospital, report the date, place, and approximate time
of | ||||||
| 22 | the collision,
accident, or other casualty, the watercraft | ||||||
| 23 | operator's name and address, the
identification number of the | ||||||
| 24 | watercraft, if any, and the names of all other
occupants of the | ||||||
| 25 | watercraft, at a police station or sheriff's office near the
| ||||||
| 26 | location where the collision, accident, or other casualty | ||||||
| |||||||
| |||||||
| 1 | occurred. A report
made as required under this subsection
A-1 | ||||||
| 2 | may not be used, directly or indirectly, as a basis for the
| ||||||
| 3 | prosecution of any violation of subsection A.
| ||||||
| 4 | As used in this Section, personal injury means any injury | ||||||
| 5 | requiring treatment beyond first aid.
| ||||||
| 6 | Any person failing to comply with this subsection A-1 is
| ||||||
| 7 | guilty
of
a Class 4 felony if the collision, accident, or other | ||||||
| 8 | casualty
does not result in the death of any person.
Any person | ||||||
| 9 | failing to comply with this subsection A-1
when the collision, | ||||||
| 10 | accident, or other casualty results in the death of
any person | ||||||
| 11 | is guilty of a Class 2
felony, for which the person, if
| ||||||
| 12 | sentenced to a term of imprisonment, shall be sentenced to a | ||||||
| 13 | term of not less
than 3 years and not more than 14 years.
| ||||||
| 14 | B. In the case of collision, accident, or other casualty | ||||||
| 15 | involving a
vessel, the operator, if the collision, accident, | ||||||
| 16 | or other casualty
results in death or injury to a person or | ||||||
| 17 | damage to property in excess of
$2000, or there is a complete | ||||||
| 18 | loss of the vessel, shall file with the Department a full | ||||||
| 19 | description of the collision,
accident, or other casualty, | ||||||
| 20 | including information as the Department
may by regulation | ||||||
| 21 | require. Reports
of
the accidents must be filed with
the | ||||||
| 22 | Department on a Department Accident Report form within 5 days.
| ||||||
| 23 | C. Reports of accidents resulting
in personal injury, where | ||||||
| 24 | a person
sustains an injury requiring medical attention beyond | ||||||
| 25 | first aid, must be filed with the
Department on a Department | ||||||
| 26 | Accident Report form within 5 days.
Accidents
that result in | ||||||
| |||||||
| |||||||
| 1 | loss of life shall be reported to the Department on a
| ||||||
| 2 | Department form within 48 hours.
| ||||||
| 3 | D. All required
accident reports and supplemental reports | ||||||
| 4 | are without
prejudice to the individual reporting, and are for | ||||||
| 5 | the confidential use
of the Department, except that the | ||||||
| 6 | Department may disclose the identity of
a person involved in an | ||||||
| 7 | accident when the identity is not otherwise known
or when the | ||||||
| 8 | person denies his presence at the accident. No report
to the | ||||||
| 9 | Department may be used as evidence in any trial, civil or | ||||||
| 10 | criminal,
arising out of an
accident, except that the | ||||||
| 11 | Department must furnish upon demand of any person
who has or | ||||||
| 12 | claims to have made a report or upon demand of any court
a | ||||||
| 13 | certificate showing that a specified accident report has or has | ||||||
| 14 | not been
made to the Department solely to prove a compliance or | ||||||
| 15 | a failure to comply
with the requirements that a report be made | ||||||
| 16 | to the Department.
| ||||||
| 17 | E. (1) Every coroner or medical examiner shall on or before | ||||||
| 18 | the 10th
day of each month report in writing to the | ||||||
| 19 | Department the circumstances
surrounding the death of any | ||||||
| 20 | person that has occurred as the result of a
boating | ||||||
| 21 | accident within the examiner's jurisdiction during the | ||||||
| 22 | preceding
calendar month.
| ||||||
| 23 | (2) Within 6 hours after a death resulting from a | ||||||
| 24 | boating accident,
but in any case not more than 12 hours | ||||||
| 25 | after the occurrence of the boating
accident, a blood | ||||||
| 26 | specimen of at least 10 cc shall be withdrawn from the
body | ||||||
| |||||||
| |||||||
| 1 | of the decedent by the coroner or medical examiner or by a | ||||||
| 2 | qualified
person at the direction of the physician. All | ||||||
| 3 | morticians shall obtain a
release from the coroner or | ||||||
| 4 | medical examiner prior to proceeding with
embalming any | ||||||
| 5 | body coming under the scope of this Section. The blood so
| ||||||
| 6 | drawn shall be forwarded to a laboratory approved by the | ||||||
| 7 | Illinois Department of State Police for analysis of the | ||||||
| 8 | alcoholic content of the
blood specimen.
The coroner or | ||||||
| 9 | medical examiner causing the blood to be withdrawn shall be
| ||||||
| 10 | notified of the results of each analysis made and shall | ||||||
| 11 | forward the results
of each analysis to the Department. The | ||||||
| 12 | Department shall keep a record of
all examinations to be | ||||||
| 13 | used for statistical purposes only. The cumulative
results | ||||||
| 14 | of the examinations, without identifying the individuals | ||||||
| 15 | involved,
shall be disseminated and made public by the | ||||||
| 16 | Department.
| ||||||
| 17 | (Source: P.A. 93-782, eff. 1-1-05; 94-214, eff. 1-1-06.)
| ||||||
| 18 | Section 955. The Public-Private Partnerships for | ||||||
| 19 | Transportation Act is amended by changing Section 70 as | ||||||
| 20 | follows:
| ||||||
| 21 | (630 ILCS 5/70)
| ||||||
| 22 | Sec. 70. Additional powers of transportation agencies with | ||||||
| 23 | respect to transportation projects. | ||||||
| 24 | (a) Each transportation agency may exercise any powers | ||||||
| |||||||
| |||||||
| 1 | provided under this Act in participation or cooperation with | ||||||
| 2 | any governmental entity and enter into any contracts to | ||||||
| 3 | facilitate that participation or cooperation without | ||||||
| 4 | compliance with any other statute. Each transportation agency | ||||||
| 5 | shall cooperate with each other and with other governmental | ||||||
| 6 | entities in carrying out transportation projects under this | ||||||
| 7 | Act. | ||||||
| 8 | (b) Each transportation agency may make and enter into all | ||||||
| 9 | contracts and agreements necessary or incidental to the | ||||||
| 10 | performance of the transportation agency's duties and the | ||||||
| 11 | execution of the transportation agency's powers under this Act. | ||||||
| 12 | Except as otherwise required by law, these contracts or | ||||||
| 13 | agreements are not subject to any approvals other than the | ||||||
| 14 | approval of the transportation agency and may be for any term | ||||||
| 15 | of years and contain any terms that are considered reasonable | ||||||
| 16 | by the transportation agency. | ||||||
| 17 | (c) Each transportation agency may pay the costs incurred | ||||||
| 18 | under a public-private agreement entered into under this Act | ||||||
| 19 | from any funds available to the transportation agency under | ||||||
| 20 | this Act or any other statute. | ||||||
| 21 | (d) A transportation agency or other State agency may not | ||||||
| 22 | take any action that would impair a public-private agreement | ||||||
| 23 | entered into under this Act. | ||||||
| 24 | (e) Each transportation agency may enter into an agreement | ||||||
| 25 | between and among the contractor, the transportation agency, | ||||||
| 26 | and the Illinois Department of State Police concerning the | ||||||
| |||||||
| |||||||
| 1 | provision of law enforcement assistance with respect to a | ||||||
| 2 | transportation project that is the subject of a public-private | ||||||
| 3 | agreement under this Act. | ||||||
| 4 | (f) Each transportation agency is authorized to enter into | ||||||
| 5 | arrangements with the Illinois Department of State Police | ||||||
| 6 | related to costs incurred in providing law enforcement | ||||||
| 7 | assistance under this Act.
| ||||||
| 8 | (Source: P.A. 97-502, eff. 8-23-11.)
| ||||||
| 9 | Section 965. The Clerks of Courts Act is amended by | ||||||
| 10 | changing Section 27.3b-1 as follows:
| ||||||
| 11 | (705 ILCS 105/27.3b-1) | ||||||
| 12 | Sec. 27.3b-1. Minimum fines; disbursement of fines. | ||||||
| 13 | (a) Unless otherwise specified by law, the minimum fine for | ||||||
| 14 | a conviction or supervision disposition on a minor traffic | ||||||
| 15 | offense is $25 and the minimum fine for a conviction, | ||||||
| 16 | supervision disposition, or violation based upon a plea of | ||||||
| 17 | guilty or finding of guilt for any other offense is $75. If the | ||||||
| 18 | court
finds that the fine would impose an undue burden on the | ||||||
| 19 | victim,
the court may reduce or waive the fine. In this | ||||||
| 20 | subsection (a), "victim" shall not be construed to include the | ||||||
| 21 | defendant. | ||||||
| 22 | (b) Unless otherwise specified by law, all fines imposed on | ||||||
| 23 | a misdemeanor offense, other than a traffic, conservation, or | ||||||
| 24 | driving under the influence offense, or on a felony offense | ||||||
| |||||||
| |||||||
| 1 | shall be disbursed
within 60 days after receipt by the circuit
| ||||||
| 2 | clerk to the county treasurer for deposit into the county's | ||||||
| 3 | General Fund. Unless otherwise specified by law, all fines | ||||||
| 4 | imposed on an ordinance offense or a misdemeanor traffic, | ||||||
| 5 | misdemeanor conservation, or misdemeanor driving under the | ||||||
| 6 | influence offense shall be disbursed
within 60 days after | ||||||
| 7 | receipt by the circuit
clerk to the treasurer of the unit of | ||||||
| 8 | government of the arresting agency. If the arresting agency is | ||||||
| 9 | the office of the sheriff, the county treasurer shall deposit | ||||||
| 10 | the portion into a fund to support the law enforcement | ||||||
| 11 | operations of the office of the sheriff. If the arresting | ||||||
| 12 | agency is a State agency, the State Treasurer shall deposit the | ||||||
| 13 | portion as follows: | ||||||
| 14 | (1) if the arresting agency is the Illinois Department | ||||||
| 15 | of State Police, into the State Police Law Enforcement | ||||||
| 16 | Administration Fund; | ||||||
| 17 | (2) if the arresting agency is the Department of | ||||||
| 18 | Natural Resources, into the Conservation Police Operations | ||||||
| 19 | Assistance Fund; | ||||||
| 20 | (3) if the arresting agency is the Secretary of State, | ||||||
| 21 | into the Secretary of State Police Services Fund; and | ||||||
| 22 | (4) if the arresting agency is the Illinois Commerce | ||||||
| 23 | Commission, into the Public Utility Fund.
| ||||||
| 24 | (Source: P.A. 100-987, eff. 7-1-19.)
| ||||||
| 25 | Section 970. The Criminal and Traffic Assessment Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Sections 10-5 and 15-70 as follows:
| ||||||
| 2 | (705 ILCS 135/10-5)
| ||||||
| 3 | (Section scheduled to be repealed on January 1, 2021) | ||||||
| 4 | Sec. 10-5. Funds.
| ||||||
| 5 | (a) All money collected by the Clerk of the Circuit Court | ||||||
| 6 | under Article 15 of this Act shall be remitted as directed in | ||||||
| 7 | Article 15 of this Act to the county treasurer, to the State | ||||||
| 8 | Treasurer, and to the treasurers of the units of local | ||||||
| 9 | government. If an amount payable to any of the treasurers is | ||||||
| 10 | less than $10, the clerk may postpone remitting the money until | ||||||
| 11 | $10 has accrued or by the end of fiscal year. The treasurers | ||||||
| 12 | shall deposit the money as indicated in the schedules, except, | ||||||
| 13 | in a county with a population of over 3,000,000, money remitted | ||||||
| 14 | to the county treasurer shall be subject to appropriation by | ||||||
| 15 | the county board. Any amount retained by the Clerk of the | ||||||
| 16 | Circuit Court in a county with a population of over 3,000,000 | ||||||
| 17 | shall be subject to appropriation by the county board. | ||||||
| 18 | (b) The county treasurer or the treasurer of the unit of | ||||||
| 19 | local government may create the funds indicated in paragraphs | ||||||
| 20 | (1) through (5), (9), and (16) of subsection (d) of this | ||||||
| 21 | Section, if not already in existence. If a county or unit of | ||||||
| 22 | local government has not instituted, and does not plan to | ||||||
| 23 | institute a program that uses a particular fund, the treasurer | ||||||
| 24 | need not create the fund and may instead deposit the money | ||||||
| 25 | intended for the fund into the general fund of the county or | ||||||
| |||||||
| |||||||
| 1 | unit of local government for use in financing the court system. | ||||||
| 2 | (c) If the arresting agency is a State agency, the | ||||||
| 3 | arresting agency portion shall be remitted by the clerk of | ||||||
| 4 | court to the State Treasurer who shall deposit the portion as | ||||||
| 5 | follows: | ||||||
| 6 | (1) if the arresting agency is the Illinois Department | ||||||
| 7 | of State Police, into the State Police Law Enforcement | ||||||
| 8 | Administration Fund; | ||||||
| 9 | (2) if the arresting agency is the Department of | ||||||
| 10 | Natural Resources, into the Conservation Police Operations | ||||||
| 11 | Assistance Fund; | ||||||
| 12 | (3) if the arresting agency is the Secretary of State, | ||||||
| 13 | into the Secretary of State Police Services Fund; and | ||||||
| 14 | (4) if the arresting agency is the Illinois Commerce | ||||||
| 15 | Commission, into the Public Utility Fund.
| ||||||
| 16 | (d) Fund descriptions and provisions: | ||||||
| 17 | (1) The Court Automation Fund is to defray the expense, | ||||||
| 18 | borne by the county, of establishing and maintaining | ||||||
| 19 | automated record keeping systems in the Office of the Clerk | ||||||
| 20 | of the Circuit Court. The money shall be remitted monthly | ||||||
| 21 | by the clerk to the county treasurer and identified as | ||||||
| 22 | funds for the Circuit Court Clerk. The fund shall be | ||||||
| 23 | audited by the county auditor, and the board shall make | ||||||
| 24 | expenditures from the fund in payment of any costs related | ||||||
| 25 | to the automation of court records including hardware, | ||||||
| 26 | software, research and development costs, and personnel | ||||||
| |||||||
| |||||||
| 1 | costs related to the foregoing, provided that the | ||||||
| 2 | expenditure is approved by the clerk of the court and by | ||||||
| 3 | the chief judge of the circuit court or his or her | ||||||
| 4 | designee. | ||||||
| 5 | (2) The Document Storage Fund is to defray the expense, | ||||||
| 6 | borne by the county, of establishing and maintaining a | ||||||
| 7 | document storage system and converting the records of the | ||||||
| 8 | circuit court clerk to electronic or micrographic storage. | ||||||
| 9 | The money shall be remitted monthly by the clerk to the | ||||||
| 10 | county treasurer and identified as funds for the circuit | ||||||
| 11 | court clerk. The fund shall be audited by the county | ||||||
| 12 | auditor, and the board shall make expenditure from the fund | ||||||
| 13 | in payment of any cost related to the storage of court | ||||||
| 14 | records, including hardware, software, research and | ||||||
| 15 | development costs, and personnel costs related to the | ||||||
| 16 | foregoing, provided that the expenditure is approved by the | ||||||
| 17 | clerk of the court. | ||||||
| 18 | (3) The Circuit Clerk Operations and Administration | ||||||
| 19 | Fund may be used to defray the expenses incurred for | ||||||
| 20 | collection and disbursement of the various assessment | ||||||
| 21 | schedules. The money shall be remitted monthly by the clerk | ||||||
| 22 | to the county treasurer and identified as funds for the | ||||||
| 23 | circuit court clerk. | ||||||
| 24 | (4) The State's Attorney Records Automation Fund is to | ||||||
| 25 | defray the expense of establishing and maintaining | ||||||
| 26 | automated record keeping systems in the offices of the | ||||||
| |||||||
| |||||||
| 1 | State's Attorney. The money shall be remitted monthly by | ||||||
| 2 | the clerk to the county treasurer for deposit into the | ||||||
| 3 | State's Attorney Records Automation Fund. Expenditures | ||||||
| 4 | from this fund may be made by the State's Attorney for | ||||||
| 5 | hardware, software, and research and development related | ||||||
| 6 | to automated record keeping systems. | ||||||
| 7 | (5) The Public Defender Records Automation Fund is to | ||||||
| 8 | defray the expense of establishing and maintaining | ||||||
| 9 | automated record keeping systems in the offices of the | ||||||
| 10 | Public Defender. The money shall be remitted monthly by the | ||||||
| 11 | clerk to the county treasurer for deposit into the Public | ||||||
| 12 | Defender Records Automation Fund. Expenditures from this | ||||||
| 13 | fund may be made by the Public Defender for hardware, | ||||||
| 14 | software, and research and development related to | ||||||
| 15 | automated record keeping systems. | ||||||
| 16 | (6) The DUI Fund shall be used for enforcement and | ||||||
| 17 | prevention of driving while under the influence of alcohol, | ||||||
| 18 | other drug or drugs, intoxicating compound or compounds or | ||||||
| 19 | any combination thereof, as defined by Section 11-501 of | ||||||
| 20 | the Illinois Vehicle Code, including, but not limited to, | ||||||
| 21 | the purchase of law enforcement equipment and commodities | ||||||
| 22 | that will assist in the prevention of alcohol-related | ||||||
| 23 | criminal violence throughout the State; police officer | ||||||
| 24 | training and education in areas related to alcohol-related | ||||||
| 25 | crime, including, but not limited to, DUI training; and | ||||||
| 26 | police officer salaries, including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | salaries for hire-back funding for safety checkpoints, | ||||||
| 2 | saturation patrols, and liquor store sting operations.
Any | ||||||
| 3 | moneys shall be used to purchase law enforcement equipment | ||||||
| 4 | that will assist in the prevention of alcohol-related | ||||||
| 5 | criminal violence throughout the State. The money shall be | ||||||
| 6 | remitted monthly by the clerk to the State or local | ||||||
| 7 | treasurer for deposit as provided by law. | ||||||
| 8 | (7) The Trauma Center Fund shall be distributed as | ||||||
| 9 | provided under Section 3.225 of the Emergency Medical | ||||||
| 10 | Services (EMS) Systems Act. | ||||||
| 11 | (8) The Probation and Court Services Fund is to be | ||||||
| 12 | expended as described in Section 15.1 of the Probation and | ||||||
| 13 | Probation Officers Act. | ||||||
| 14 | (9) The Circuit Court Clerk Electronic Citation Fund | ||||||
| 15 | shall have the Circuit Court Clerk as the custodian, ex | ||||||
| 16 | officio, of the Fund and shall be used to perform the | ||||||
| 17 | duties required by the office for establishing and | ||||||
| 18 | maintaining electronic citations. The Fund shall be | ||||||
| 19 | audited by the county's auditor. | ||||||
| 20 | (10) The Drug Treatment Fund is a special fund in the | ||||||
| 21 | State treasury. Moneys in the Fund shall be expended as | ||||||
| 22 | provided in Section 411.2 of the Illinois Controlled | ||||||
| 23 | Substances Act. | ||||||
| 24 | (11) The Violent Crime Victims Assistance Fund is a | ||||||
| 25 | special fund in the State treasury to provide moneys for | ||||||
| 26 | the grants to be awarded under the Violent Crime Victims | ||||||
| |||||||
| |||||||
| 1 | Assistance Act. | ||||||
| 2 | (12) The Criminal Justice Information Projects Fund | ||||||
| 3 | shall be appropriated to and administered by the Illinois | ||||||
| 4 | Criminal Justice Information Authority for distribution to | ||||||
| 5 | fund Illinois Department of State Police drug
task forces | ||||||
| 6 | and Metropolitan Enforcement Groups, for the costs | ||||||
| 7 | associated with making grants from the Prescription Pill | ||||||
| 8 | and Drug Disposal Fund, for undertaking criminal justice | ||||||
| 9 | information projects, and for the operating and other
| ||||||
| 10 | expenses of the Authority incidental to those criminal | ||||||
| 11 | justice information projects. The moneys deposited into | ||||||
| 12 | the Criminal Justice Information Projects Fund under | ||||||
| 13 | Sections 15-15 and 15-35 of this Act shall be appropriated | ||||||
| 14 | to and administered by the Illinois Criminal Justice | ||||||
| 15 | Information Authority for distribution to fund Illinois | ||||||
| 16 | Department of State Police drug
task forces and | ||||||
| 17 | Metropolitan Enforcement Groups
by dividing the
funds | ||||||
| 18 | equally by the total number of Illinois Department of State | ||||||
| 19 | Police
drug task forces and Illinois Metropolitan | ||||||
| 20 | Enforcement Groups. | ||||||
| 21 | (13) The Sexual Assault Services Fund shall be | ||||||
| 22 | appropriated to the Department of Public Health. Upon | ||||||
| 23 | appropriation of moneys from the Sexual Assault Services | ||||||
| 24 | Fund, the Department of Public Health shall make grants of | ||||||
| 25 | these moneys to sexual assault organizations with whom the | ||||||
| 26 | Department has contracts for the purpose of providing | ||||||
| |||||||
| |||||||
| 1 | community-based services to victims of sexual assault. | ||||||
| 2 | Grants are in addition to, and are not substitutes for, | ||||||
| 3 | other grants authorized and made by the Department. | ||||||
| 4 | (14) The County Jail Medical Costs Fund is to help | ||||||
| 5 | defray the costs outlined in Section 17 of the County Jail | ||||||
| 6 | Act. Moneys in the Fund shall be used solely for | ||||||
| 7 | reimbursement to the county of costs for medical expenses | ||||||
| 8 | and administration of the Fund. | ||||||
| 9 | (15) The Prisoner Review Board Vehicle and Equipment | ||||||
| 10 | Fund is a special fund in the State treasury. The Prisoner | ||||||
| 11 | Review Board shall, subject to appropriation by the General | ||||||
| 12 | Assembly and approval by the Secretary, use all moneys in | ||||||
| 13 | the Prisoner Review Board Vehicle and Equipment Fund for | ||||||
| 14 | the purchase and operation of vehicles and equipment. | ||||||
| 15 | (16) In each county in which a Children's Advocacy | ||||||
| 16 | Center provides services, a Child Advocacy Center Fund is | ||||||
| 17 | specifically for the operation and administration of the | ||||||
| 18 | Children's Advocacy Center, from which the county board | ||||||
| 19 | shall make grants to support the activities and services of | ||||||
| 20 | the Children's Advocacy Center within that county.
| ||||||
| 21 | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
| ||||||
| 22 | (705 ILCS 135/15-70)
| ||||||
| 23 | (Section scheduled to be repealed on January 1, 2021) | ||||||
| 24 | Sec. 15-70. Conditional assessments. In addition to | ||||||
| 25 | payments under one of the Schedule of Assessments 1 through 13 | ||||||
| |||||||
| |||||||
| 1 | of this Act, the court shall also order payment of any of the | ||||||
| 2 | following conditional assessment amounts for each sentenced | ||||||
| 3 | violation in the case to which a conditional assessment is | ||||||
| 4 | applicable, which shall be collected and remitted by the Clerk | ||||||
| 5 | of the Circuit Court as provided in this Section: | ||||||
| 6 | (1) arson, residential arson, or aggravated arson, | ||||||
| 7 | $500 per conviction to the State Treasurer for deposit into | ||||||
| 8 | the Fire Prevention Fund; | ||||||
| 9 | (2) child pornography under Section 11-20.1 of the | ||||||
| 10 | Criminal Code of 1961 or the Criminal Code of 2012, $500 | ||||||
| 11 | per conviction, unless more than one agency is responsible | ||||||
| 12 | for the arrest in which case the amount shall be remitted | ||||||
| 13 | to each unit of government equally: | ||||||
| 14 | (A) if the arresting agency is an agency of a unit | ||||||
| 15 | of local government, $500 to the treasurer of the unit | ||||||
| 16 | of local government for deposit into the unit of local | ||||||
| 17 | government's General Fund, except that if the Illinois | ||||||
| 18 | Department of State Police provides digital or | ||||||
| 19 | electronic forensic examination assistance, or both, | ||||||
| 20 | to the arresting agency then $100 to the State | ||||||
| 21 | Treasurer for deposit into the State Crime Laboratory | ||||||
| 22 | Fund; or | ||||||
| 23 | (B) if the arresting agency is the Illinois | ||||||
| 24 | Department of State Police, $500 to the State Treasurer | ||||||
| 25 | for deposit into the State Crime Laboratory Fund; | ||||||
| 26 | (3)
crime laboratory drug analysis for a drug-related | ||||||
| |||||||
| |||||||
| 1 | offense involving possession or delivery of cannabis or | ||||||
| 2 | possession or delivery of a controlled substance as defined | ||||||
| 3 | in the Cannabis Control Act, the Illinois Controlled | ||||||
| 4 | Substances Act, or the Methamphetamine Control and | ||||||
| 5 | Community Protection Act, $100 reimbursement for | ||||||
| 6 | laboratory analysis, as set forth in subsection (f) of | ||||||
| 7 | Section 5-9-1.4 of the Unified Code of Corrections; | ||||||
| 8 | (4)
DNA analysis, $250 on each conviction in which it | ||||||
| 9 | was used to the State Treasurer for deposit into the State | ||||||
| 10 | Offender DNA Identification System Fund as set forth in | ||||||
| 11 | Section 5-4-3 of the Unified Code of Corrections; | ||||||
| 12 | (5)
DUI analysis, $150 on each sentenced violation in | ||||||
| 13 | which it was used as set forth in subsection (f) of Section | ||||||
| 14 | 5-9-1.9 of the Unified Code of Corrections; | ||||||
| 15 | (6) drug-related
offense involving possession or | ||||||
| 16 | delivery of cannabis or possession or delivery
of a | ||||||
| 17 | controlled substance, other than methamphetamine, as | ||||||
| 18 | defined in the Cannabis Control Act
or the Illinois | ||||||
| 19 | Controlled Substances Act, an amount not less than
the full | ||||||
| 20 | street value of the cannabis or controlled substance seized | ||||||
| 21 | for each conviction to be disbursed as follows: | ||||||
| 22 | (A) 12.5% of the street value assessment shall be | ||||||
| 23 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
| 24 | used by the Department of Human Services for the | ||||||
| 25 | funding of programs and services for drug-abuse | ||||||
| 26 | treatment, and prevention and education services; | ||||||
| |||||||
| |||||||
| 1 | (B) 37.5% to the county in which the charge was | ||||||
| 2 | prosecuted, to be deposited into the county General | ||||||
| 3 | Fund; | ||||||
| 4 | (C) 50% to the treasurer of the arresting law | ||||||
| 5 | enforcement agency of the municipality or county, or to | ||||||
| 6 | the State Treasurer if the arresting agency was a state | ||||||
| 7 | agency; | ||||||
| 8 | (D) if the arrest was made in combination with | ||||||
| 9 | multiple law enforcement agencies, the clerk shall | ||||||
| 10 | equitably allocate the portion in subparagraph (C) of | ||||||
| 11 | this paragraph (6) among the law enforcement agencies | ||||||
| 12 | involved in the arrest; | ||||||
| 13 | (6.5) Kane County or Will County, in felony, | ||||||
| 14 | misdemeanor, local or county ordinance, traffic, or | ||||||
| 15 | conservation cases, up to $30 as set by the county board | ||||||
| 16 | under Section 5-1101.3 of the Counties Code upon the entry | ||||||
| 17 | of a judgment of conviction, an order of supervision, or a | ||||||
| 18 | sentence of probation without entry of judgment under | ||||||
| 19 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
| 20 | Illinois Controlled Substances Act, Section 70 of the | ||||||
| 21 | Methamphetamine Control and Community Protection Act, | ||||||
| 22 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
| 23 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 24 | Section 10-102 of the Illinois Alcoholism and Other Drug | ||||||
| 25 | Dependency Act, or Section 10 of the Steroid Control Act; | ||||||
| 26 | except in local or county ordinance, traffic, and | ||||||
| |||||||
| |||||||
| 1 | conservation cases, if fines are paid in full without a | ||||||
| 2 | court appearance, then the assessment shall not be imposed | ||||||
| 3 | or collected. Distribution of assessments collected under | ||||||
| 4 | this paragraph (6.5) shall be as provided in Section | ||||||
| 5 | 5-1101.3 of the Counties Code; | ||||||
| 6 | (7) methamphetamine-related
offense involving | ||||||
| 7 | possession or delivery of methamphetamine or any salt of an | ||||||
| 8 | optical isomer of methamphetamine or possession of a | ||||||
| 9 | methamphetamine manufacturing material as set forth in | ||||||
| 10 | Section 10 of the Methamphetamine Control and Community | ||||||
| 11 | Protection Act with the intent to manufacture a substance | ||||||
| 12 | containing methamphetamine or salt of an optical isomer of | ||||||
| 13 | methamphetamine, an amount not less than
the full street | ||||||
| 14 | value of the methamphetamine or salt of an optical isomer | ||||||
| 15 | of methamphetamine or methamphetamine manufacturing | ||||||
| 16 | materials seized for each conviction to be disbursed as | ||||||
| 17 | follows: | ||||||
| 18 | (A) 12.5% of the street value assessment shall be | ||||||
| 19 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
| 20 | used by the Department of Human Services for the | ||||||
| 21 | funding of programs and services for drug-abuse | ||||||
| 22 | treatment, and prevention and education services; | ||||||
| 23 | (B) 37.5% to the county in which the charge was | ||||||
| 24 | prosecuted, to be deposited into the county General | ||||||
| 25 | Fund; | ||||||
| 26 | (C) 50% to the treasurer of the arresting law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency of the municipality or county, or to | ||||||
| 2 | the State Treasurer if the arresting agency was a state | ||||||
| 3 | agency; | ||||||
| 4 | (D) if the arrest was made in combination with | ||||||
| 5 | multiple law enforcement agencies, the clerk shall | ||||||
| 6 | equitably allocate the portion in subparagraph (C) of | ||||||
| 7 | this paragraph (6) among the law enforcement agencies | ||||||
| 8 | involved in the arrest; | ||||||
| 9 | (8)
order of protection violation under Section 12-3.4 | ||||||
| 10 | of the Criminal Code of 2012, $200 for each conviction to | ||||||
| 11 | the county treasurer for deposit into the Probation and | ||||||
| 12 | Court Services Fund for implementation of a domestic | ||||||
| 13 | violence surveillance program and any other assessments or | ||||||
| 14 | fees imposed under Section 5-9-1.16 of the Unified Code of | ||||||
| 15 | Corrections; | ||||||
| 16 | (9)
order of protection violation, $25 for each | ||||||
| 17 | violation to the State Treasurer, for deposit into the | ||||||
| 18 | Domestic Violence Abuser Services Fund; | ||||||
| 19 | (10)
prosecution by the State's Attorney of a: | ||||||
| 20 | (A) petty or business offense, $4 to the county | ||||||
| 21 | treasurer of which $2 deposited into the State's | ||||||
| 22 | Attorney Records Automation Fund and $2 into the Public | ||||||
| 23 | Defender Records Automation Fund; | ||||||
| 24 | (B) conservation or traffic offense, $2 to the | ||||||
| 25 | county treasurer for deposit into the State's Attorney | ||||||
| 26 | Records Automation Fund; | ||||||
| |||||||
| |||||||
| 1 | (11) speeding in a construction zone violation, $250 to | ||||||
| 2 | the State Treasurer for deposit into the Transportation | ||||||
| 3 | Safety Highway Hire-back Fund, unless (i) the violation | ||||||
| 4 | occurred on a highway other than an interstate highway and | ||||||
| 5 | (ii) a county police officer wrote the ticket for the | ||||||
| 6 | violation, in which case to the county treasurer for | ||||||
| 7 | deposit into that county's Transportation Safety Highway | ||||||
| 8 | Hire-back Fund; | ||||||
| 9 | (12) supervision disposition on an offense under the | ||||||
| 10 | Illinois Vehicle Code or similar provision of a local | ||||||
| 11 | ordinance, 50 cents, unless waived by the court, into the | ||||||
| 12 | Prisoner Review Board Vehicle and Equipment Fund; | ||||||
| 13 | (13) victim and offender are family or household | ||||||
| 14 | members as defined in Section 103 of the Illinois Domestic | ||||||
| 15 | Violence Act of 1986 and offender pleads guilty
or no | ||||||
| 16 | contest to or is convicted of murder, voluntary | ||||||
| 17 | manslaughter,
involuntary manslaughter, burglary, | ||||||
| 18 | residential burglary, criminal trespass
to residence, | ||||||
| 19 | criminal trespass to vehicle, criminal trespass to land,
| ||||||
| 20 | criminal damage to property, telephone harassment, | ||||||
| 21 | kidnapping, aggravated
kidnaping, unlawful restraint, | ||||||
| 22 | forcible detention, child abduction,
indecent solicitation | ||||||
| 23 | of a child, sexual relations between siblings,
| ||||||
| 24 | exploitation of a child, child pornography, assault, | ||||||
| 25 | aggravated assault,
battery, aggravated battery, heinous | ||||||
| 26 | battery, aggravated battery of a
child, domestic battery, | ||||||
| |||||||
| |||||||
| 1 | reckless conduct, intimidation, criminal sexual
assault, | ||||||
| 2 | predatory criminal sexual assault of a child, aggravated | ||||||
| 3 | criminal
sexual assault, criminal sexual abuse,
aggravated | ||||||
| 4 | criminal sexual abuse, violation of an order of protection,
| ||||||
| 5 | disorderly conduct, endangering the life or health of a | ||||||
| 6 | child, child
abandonment, contributing to dependency or | ||||||
| 7 | neglect of child, or cruelty to
children and others, $200 | ||||||
| 8 | for each sentenced violation to the State Treasurer
for | ||||||
| 9 | deposit as follows: (i) for sexual assault, as defined in | ||||||
| 10 | Section 5-9-1.7 of the Unified Code of Corrections, when
| ||||||
| 11 | the offender and victim are family members, one-half to the | ||||||
| 12 | Domestic Violence
Shelter and Service Fund, and one-half to | ||||||
| 13 | the Sexual Assault Services Fund;
(ii) for the remaining | ||||||
| 14 | offenses to the Domestic Violence Shelter and Service
Fund; | ||||||
| 15 | (14)
violation of Section 11-501 of the Illinois | ||||||
| 16 | Vehicle Code, Section 5-7 of the Snowmobile Registration | ||||||
| 17 | and Safety Act, Section 5-16 of the Boat Registration and | ||||||
| 18 | Safety Act, or a similar provision, whose operation of a | ||||||
| 19 | motor vehicle, snowmobile, or watercraft while in | ||||||
| 20 | violation of Section 11-501, Section 5-7 of the Snowmobile | ||||||
| 21 | Registration and Safety Act, Section 5-16 of the Boat | ||||||
| 22 | Registration and Safety Act, or a similar provision | ||||||
| 23 | proximately caused an incident resulting in an appropriate | ||||||
| 24 | emergency response, $1,000 maximum to the public agency | ||||||
| 25 | that provided an emergency response related to the person's | ||||||
| 26 | violation, and if more than one
agency responded, the | ||||||
| |||||||
| |||||||
| 1 | amount payable to public agencies shall be shared equally; | ||||||
| 2 | (15)
violation of Section 401, 407, or 407.2 of the | ||||||
| 3 | Illinois Controlled Substances Act that proximately caused | ||||||
| 4 | any incident resulting in an appropriate drug-related | ||||||
| 5 | emergency response, $1,000 as reimbursement for the | ||||||
| 6 | emergency response to the law enforcement agency that
made | ||||||
| 7 | the arrest, and if more than one
agency is responsible for | ||||||
| 8 | the arrest, the amount payable to law
enforcement agencies | ||||||
| 9 | shall be shared equally; | ||||||
| 10 | (16)
violation of reckless driving, aggravated | ||||||
| 11 | reckless driving, or driving 26 miles per hour or more in | ||||||
| 12 | excess of the speed limit that triggered an emergency | ||||||
| 13 | response, $1,000 maximum reimbursement for the emergency | ||||||
| 14 | response to be distributed in its entirety to a public | ||||||
| 15 | agency that provided an emergency response related to the | ||||||
| 16 | person's violation, and if more than one
agency responded, | ||||||
| 17 | the amount payable to public agencies shall be shared | ||||||
| 18 | equally; | ||||||
| 19 | (17) violation based upon each plea of guilty, | ||||||
| 20 | stipulation of facts, or finding of guilt resulting in a | ||||||
| 21 | judgment of conviction or order of supervision for an | ||||||
| 22 | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | ||||||
| 23 | the Criminal Code of 2012 that results in the imposition of | ||||||
| 24 | a fine, to be distributed as follows:
| ||||||
| 25 | (A) $50 to the county treasurer for deposit into | ||||||
| 26 | the Circuit Court Clerk Operation and Administrative | ||||||
| |||||||
| |||||||
| 1 | Fund to cover the costs in administering this paragraph | ||||||
| 2 | (17);
| ||||||
| 3 | (B) $300 to the State Treasurer who shall deposit | ||||||
| 4 | the portion as follows:
| ||||||
| 5 | (i) if the arresting or investigating agency | ||||||
| 6 | is the Illinois Department of State
Police, into | ||||||
| 7 | the State Police Law Enforcement Administration | ||||||
| 8 | Fund;
| ||||||
| 9 | (ii) if the arresting or investigating agency | ||||||
| 10 | is the Department of
Natural Resources, into the | ||||||
| 11 | Conservation Police Operations Assistance Fund;
| ||||||
| 12 | (iii) if the arresting or investigating agency | ||||||
| 13 | is the Secretary of State,
into the Secretary of | ||||||
| 14 | State Police Services Fund;
| ||||||
| 15 | (iv) if the arresting or investigating agency | ||||||
| 16 | is the Illinois Commerce
Commission, into the | ||||||
| 17 | Public Utility Fund; or
| ||||||
| 18 | (v) if more than one of the State agencies in | ||||||
| 19 | this subparagraph (B) is the arresting or | ||||||
| 20 | investigating agency, then equal shares with the | ||||||
| 21 | shares deposited as provided in the applicable | ||||||
| 22 | items (i) through (iv) of this subparagraph (B); | ||||||
| 23 | and | ||||||
| 24 | (C) the remainder for deposit into the Specialized | ||||||
| 25 | Services for Survivors of Human Trafficking Fund;
| ||||||
| 26 | (18) weapons violation under Section 24-1.1, 24-1.2, | ||||||
| |||||||
| |||||||
| 1 | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 2 | of 2012, $100 for each conviction to the State Treasurer | ||||||
| 3 | for deposit into the Trauma Center Fund; and
| ||||||
| 4 | (19) violation of subsection (c) of Section 11-907 of | ||||||
| 5 | the Illinois Vehicle Code, $250 to the State Treasurer for | ||||||
| 6 | deposit into the Scott's Law Fund, unless a county or | ||||||
| 7 | municipal police officer wrote the ticket for the | ||||||
| 8 | violation, in which case to the county treasurer for | ||||||
| 9 | deposit into that county's or municipality's | ||||||
| 10 | Transportation Safety Highway Hire-back Fund to be used as | ||||||
| 11 | provided in subsection (j) of Section 11-907 of the | ||||||
| 12 | Illinois Vehicle Code. | ||||||
| 13 | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; | ||||||
| 14 | 101-173, eff. 1-1-20.)
| ||||||
| 15 | Section 975. The Juvenile Court Act of 1987 is amended by | ||||||
| 16 | changing Sections 1-3, 1-7, 1-8, 2-21, 2-25, 3-26, 4-23, 5-105, | ||||||
| 17 | 5-301, 5-305, 5-730, 5-901, and 5-915 as follows:
| ||||||
| 18 | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
| ||||||
| 19 | Sec. 1-3. Definitions. Terms used in this Act, unless the | ||||||
| 20 | context
otherwise requires, have the following meanings | ||||||
| 21 | ascribed to them:
| ||||||
| 22 | (1) "Adjudicatory hearing" means a hearing to
determine | ||||||
| 23 | whether the allegations of a petition under Section 2-13, 3-15 | ||||||
| 24 | or
4-12 that a minor under 18 years of age is abused, neglected | ||||||
| |||||||
| |||||||
| 1 | or dependent, or
requires authoritative intervention, or | ||||||
| 2 | addicted, respectively, are supported
by a preponderance of the | ||||||
| 3 | evidence or whether the allegations of a petition
under Section | ||||||
| 4 | 5-520 that a minor is delinquent are proved beyond a reasonable
| ||||||
| 5 | doubt.
| ||||||
| 6 | (2) "Adult" means a person 21 years of age or older.
| ||||||
| 7 | (3) "Agency" means a public or private child care facility
| ||||||
| 8 | legally authorized or licensed by this State for placement or | ||||||
| 9 | institutional
care or for both placement and institutional | ||||||
| 10 | care.
| ||||||
| 11 | (4) "Association" means any organization, public or
| ||||||
| 12 | private, engaged in welfare functions which include services to | ||||||
| 13 | or on behalf of
children but does not include "agency" as | ||||||
| 14 | herein defined.
| ||||||
| 15 | (4.05) Whenever a "best interest" determination is
| ||||||
| 16 | required, the following factors shall be considered in the | ||||||
| 17 | context of the
child's age and developmental needs:
| ||||||
| 18 | (a) the physical safety and welfare of the child, | ||||||
| 19 | including food, shelter,
health, and clothing;
| ||||||
| 20 | (b) the development of the child's identity;
| ||||||
| 21 | (c) the child's background and ties, including | ||||||
| 22 | familial,
cultural, and religious;
| ||||||
| 23 | (d) the child's sense of attachments, including:
| ||||||
| 24 | (i) where the child actually feels love, | ||||||
| 25 | attachment, and a sense of
being valued (as opposed to | ||||||
| 26 | where adults believe the child should
feel such love, | ||||||
| |||||||
| |||||||
| 1 | attachment, and a sense of being valued);
| ||||||
| 2 | (ii) the child's sense of security;
| ||||||
| 3 | (iii) the child's sense of familiarity;
| ||||||
| 4 | (iv) continuity of affection for the child;
| ||||||
| 5 | (v) the least disruptive placement alternative for | ||||||
| 6 | the child;
| ||||||
| 7 | (e) the child's wishes and long-term goals;
| ||||||
| 8 | (f) the child's community ties, including church, | ||||||
| 9 | school, and friends;
| ||||||
| 10 | (g) the child's need for permanence which includes the | ||||||
| 11 | child's need for
stability and continuity of relationships | ||||||
| 12 | with parent figures and with siblings
and other relatives;
| ||||||
| 13 | (h) the uniqueness of every family and child;
| ||||||
| 14 | (i) the risks attendant to entering and being in | ||||||
| 15 | substitute care; and
| ||||||
| 16 | (j) the preferences of the persons available to care | ||||||
| 17 | for the child.
| ||||||
| 18 | (4.1) "Chronic truant" shall have the definition
ascribed | ||||||
| 19 | to it in Section 26-2a of the School Code.
| ||||||
| 20 | (5) "Court" means the circuit court in a session or | ||||||
| 21 | division
assigned to hear proceedings under this Act.
| ||||||
| 22 | (6) "Dispositional hearing" means a hearing to
determine | ||||||
| 23 | whether a minor should be adjudged to be a ward of the court, | ||||||
| 24 | and to
determine what order of disposition should be made in | ||||||
| 25 | respect to a minor
adjudged to be a ward of the court.
| ||||||
| 26 | (6.5) "Dissemination" or "disseminate" means to publish, | ||||||
| |||||||
| |||||||
| 1 | produce, print, manufacture, distribute, sell, lease, exhibit, | ||||||
| 2 | broadcast, display, transmit, or otherwise share information | ||||||
| 3 | in any format so as to make the information accessible to | ||||||
| 4 | others. | ||||||
| 5 | (7) "Emancipated minor" means any minor 16 years of age or | ||||||
| 6 | over who has
been completely or partially emancipated under the | ||||||
| 7 | Emancipation of
Minors Act or
under this Act.
| ||||||
| 8 | (7.03) "Expunge" means to physically destroy the records | ||||||
| 9 | and to obliterate the minor's name from any official index, | ||||||
| 10 | public record, or electronic database. | ||||||
| 11 | (7.05) "Foster parent" includes a relative caregiver | ||||||
| 12 | selected by the Department of Children and Family Services to | ||||||
| 13 | provide care for the minor. | ||||||
| 14 | (8) "Guardianship of the person" of a minor
means the duty | ||||||
| 15 | and authority to act in the best interests of the minor, | ||||||
| 16 | subject
to residual parental rights and responsibilities, to | ||||||
| 17 | make important decisions
in matters having a permanent effect | ||||||
| 18 | on the life and development of the minor
and to be concerned | ||||||
| 19 | with his or her general welfare. It includes but is not
| ||||||
| 20 | necessarily limited to:
| ||||||
| 21 | (a) the authority to consent to marriage, to enlistment | ||||||
| 22 | in the armed
forces of the United States, or to a major | ||||||
| 23 | medical, psychiatric, and
surgical treatment; to represent | ||||||
| 24 | the minor in legal actions; and to make
other decisions of | ||||||
| 25 | substantial legal significance concerning the minor;
| ||||||
| 26 | (b) the authority and duty of reasonable visitation, | ||||||
| |||||||
| |||||||
| 1 | except to the
extent that these have been limited in the | ||||||
| 2 | best interests of the minor by
court order;
| ||||||
| 3 | (c) the rights and responsibilities of legal custody | ||||||
| 4 | except where legal
custody has been vested in another | ||||||
| 5 | person or agency; and
| ||||||
| 6 | (d) the power to consent to the adoption of the minor, | ||||||
| 7 | but only if
expressly conferred on the guardian in | ||||||
| 8 | accordance with Section 2-29, 3-30, or
4-27.
| ||||||
| 9 | (8.1) "Juvenile court record" includes, but is not limited | ||||||
| 10 | to: | ||||||
| 11 | (a) all documents filed in or maintained by the | ||||||
| 12 | juvenile court pertaining to a specific incident, | ||||||
| 13 | proceeding, or individual; | ||||||
| 14 | (b) all documents relating to a specific incident, | ||||||
| 15 | proceeding, or individual made available to or maintained | ||||||
| 16 | by probation officers; | ||||||
| 17 | (c) all documents, video or audio tapes, photographs, | ||||||
| 18 | and exhibits admitted into evidence at juvenile court | ||||||
| 19 | hearings; or | ||||||
| 20 | (d) all documents, transcripts, records, reports, or | ||||||
| 21 | other evidence prepared by, maintained by, or released by | ||||||
| 22 | any municipal, county, or State agency or department, in | ||||||
| 23 | any format, if indicating involvement with the juvenile | ||||||
| 24 | court relating to a specific incident, proceeding, or | ||||||
| 25 | individual. | ||||||
| 26 | (8.2) "Juvenile law enforcement record" includes records | ||||||
| |||||||
| |||||||
| 1 | of arrest, station adjustments, fingerprints, probation | ||||||
| 2 | adjustments, the issuance of a notice to appear, or any other | ||||||
| 3 | records or documents maintained by any law enforcement agency | ||||||
| 4 | relating to a minor suspected of committing an offense, and | ||||||
| 5 | records maintained by a law enforcement agency that identifies | ||||||
| 6 | a juvenile as a suspect in committing an offense, but does not | ||||||
| 7 | include records identifying a juvenile as a victim, witness, or | ||||||
| 8 | missing juvenile and any records created, maintained, or used | ||||||
| 9 | for purposes of referral to programs relating to diversion as | ||||||
| 10 | defined in subsection (6) of Section 5-105. | ||||||
| 11 | (9) "Legal custody" means the relationship created by an
| ||||||
| 12 | order of court in the best interests of the minor which imposes | ||||||
| 13 | on the
custodian the responsibility of physical possession of a | ||||||
| 14 | minor and the duty to
protect, train and discipline him and to | ||||||
| 15 | provide him with food, shelter,
education and ordinary medical | ||||||
| 16 | care, except as these are limited by residual
parental rights | ||||||
| 17 | and responsibilities and the rights and responsibilities of the
| ||||||
| 18 | guardian of the person, if any.
| ||||||
| 19 | (9.1) "Mentally capable adult relative" means a person 21 | ||||||
| 20 | years of age or older who is not suffering from a mental | ||||||
| 21 | illness that prevents him or her from providing the care | ||||||
| 22 | necessary to safeguard the physical safety and welfare of a | ||||||
| 23 | minor who is left in that person's care by the parent or | ||||||
| 24 | parents or other person responsible for the minor's welfare. | ||||||
| 25 | (10) "Minor" means a person under the age of 21 years | ||||||
| 26 | subject to
this Act.
| ||||||
| |||||||
| |||||||
| 1 | (11) "Parent" means a father or mother of a child and
| ||||||
| 2 | includes any adoptive parent. It also includes a person (i)
| ||||||
| 3 | whose parentage
is presumed or has been established under the | ||||||
| 4 | law of this or another
jurisdiction or (ii) who has registered | ||||||
| 5 | with the Putative Father Registry in
accordance with Section | ||||||
| 6 | 12.1 of the Adoption Act and whose paternity has not
been ruled | ||||||
| 7 | out under the law of this or another jurisdiction. It does not
| ||||||
| 8 | include a
parent whose rights in respect to the
minor have been | ||||||
| 9 | terminated in any manner provided by law. It does not include a | ||||||
| 10 | person who has been or could be determined to be a parent under | ||||||
| 11 | the Illinois Parentage Act of 1984 or the Illinois Parentage | ||||||
| 12 | Act of 2015, or similar parentage law in any other state, if | ||||||
| 13 | that person has been convicted of or pled nolo contendere to a | ||||||
| 14 | crime that resulted in the conception of the child under | ||||||
| 15 | Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, | ||||||
| 16 | 12-14.1, subsection (a) or (b) (but not subsection (c)) of | ||||||
| 17 | Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or | ||||||
| 18 | (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the | ||||||
| 19 | Criminal Code of 1961 or the Criminal Code of 2012, or similar | ||||||
| 20 | statute in another jurisdiction unless upon motion of any | ||||||
| 21 | party, other than the offender, to the juvenile court | ||||||
| 22 | proceedings the court finds it is in the child's best interest | ||||||
| 23 | to deem the offender a parent for purposes of the juvenile | ||||||
| 24 | court proceedings.
| ||||||
| 25 | (11.1) "Permanency goal" means a goal set by the court as | ||||||
| 26 | defined in
subdivision (2) of Section 2-28.
| ||||||
| |||||||
| |||||||
| 1 | (11.2) "Permanency hearing" means a hearing to set the | ||||||
| 2 | permanency goal and
to review and determine (i) the | ||||||
| 3 | appropriateness of the services contained in
the plan and | ||||||
| 4 | whether those services have been provided, (ii) whether | ||||||
| 5 | reasonable
efforts have been made by all the parties to the | ||||||
| 6 | service plan to achieve the
goal, and (iii) whether the plan | ||||||
| 7 | and goal have been achieved.
| ||||||
| 8 | (12) "Petition" means the petition provided for in Section
| ||||||
| 9 | 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||||||
| 10 | thereunder
in Section 3-15, 4-12 or 5-520.
| ||||||
| 11 | (12.1) "Physically capable adult relative" means a person | ||||||
| 12 | 21 years of age or older who does not have a severe physical | ||||||
| 13 | disability or medical condition, or is not suffering from | ||||||
| 14 | alcoholism or drug addiction, that prevents him or her from | ||||||
| 15 | providing the care necessary to safeguard the physical safety | ||||||
| 16 | and welfare of a minor who is left in that person's care by the | ||||||
| 17 | parent or parents or other person responsible for the minor's | ||||||
| 18 | welfare. | ||||||
| 19 | (12.2) "Post Permanency Sibling Contact Agreement" has the | ||||||
| 20 | meaning ascribed to the term in Section 7.4 of the Children and | ||||||
| 21 | Family Services Act. | ||||||
| 22 | (12.3) "Residential treatment center" means a licensed | ||||||
| 23 | setting that provides 24-hour care to children in a group home | ||||||
| 24 | or institution, including a facility licensed as a child care | ||||||
| 25 | institution under Section 2.06 of the Child Care Act of 1969, a | ||||||
| 26 | licensed group home under Section 2.16 of the Child Care Act of | ||||||
| |||||||
| |||||||
| 1 | 1969, a secure child care facility as defined in paragraph (18) | ||||||
| 2 | of this Section, or any similar facility in another state. | ||||||
| 3 | "Residential treatment center" does not include a relative | ||||||
| 4 | foster home or a licensed foster family home. | ||||||
| 5 | (13) "Residual parental
rights and responsibilities" means | ||||||
| 6 | those rights and responsibilities remaining
with the parent | ||||||
| 7 | after the transfer of legal custody or guardianship of the
| ||||||
| 8 | person, including, but not necessarily limited to, the right to | ||||||
| 9 | reasonable
visitation (which may be limited by the court in the | ||||||
| 10 | best interests of the
minor as provided in subsection (8)(b) of | ||||||
| 11 | this Section), the right to consent
to adoption, the right to | ||||||
| 12 | determine the minor's religious affiliation, and the
| ||||||
| 13 | responsibility for his support.
| ||||||
| 14 | (14) "Shelter" means the temporary care of a minor in
| ||||||
| 15 | physically unrestricting facilities pending court disposition | ||||||
| 16 | or execution of
court order for placement.
| ||||||
| 17 | (14.05) "Shelter placement" means a temporary or emergency | ||||||
| 18 | placement for a minor, including an emergency foster home | ||||||
| 19 | placement. | ||||||
| 20 | (14.1) "Sibling Contact Support Plan" has the meaning | ||||||
| 21 | ascribed to the term in Section 7.4 of the Children and Family | ||||||
| 22 | Services Act. | ||||||
| 23 | (14.2) "Significant event report" means a written document | ||||||
| 24 | describing an occurrence or event beyond the customary | ||||||
| 25 | operations, routines, or relationships in the Department of | ||||||
| 26 | Children of Family Services, a child care facility, or other | ||||||
| |||||||
| |||||||
| 1 | entity that is licensed or regulated by the Department of | ||||||
| 2 | Children of Family Services or that provides services for the | ||||||
| 3 | Department of Children of Family Services under a grant, | ||||||
| 4 | contract, or purchase of service agreement; involving children | ||||||
| 5 | or youth, employees, foster parents, or relative caregivers; | ||||||
| 6 | allegations of abuse or neglect or any other incident raising a | ||||||
| 7 | concern about the well-being of a minor under the jurisdiction | ||||||
| 8 | of the court under Article II of the Juvenile Court Act; | ||||||
| 9 | incidents involving damage to property, allegations of | ||||||
| 10 | criminal activity, misconduct, or other occurrences affecting | ||||||
| 11 | the operations of the Department of Children of Family Services | ||||||
| 12 | or a child care facility; any incident that could have media | ||||||
| 13 | impact; and unusual incidents as defined by Department of | ||||||
| 14 | Children and Family Services rule. | ||||||
| 15 | (15) "Station adjustment" means the informal
handling of an | ||||||
| 16 | alleged offender by a juvenile police officer.
| ||||||
| 17 | (16) "Ward of the court" means a minor who is so
adjudged | ||||||
| 18 | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| ||||||
| 19 | requisite jurisdictional facts, and thus is subject to the | ||||||
| 20 | dispositional powers
of the court under this Act.
| ||||||
| 21 | (17) "Juvenile police officer" means a sworn
police officer | ||||||
| 22 | who has completed a Basic Recruit Training Course, has been
| ||||||
| 23 | assigned to the position of juvenile police officer by his or | ||||||
| 24 | her chief law
enforcement officer and has completed the | ||||||
| 25 | necessary juvenile officers training
as prescribed by the | ||||||
| 26 | Illinois Law Enforcement Training Standards Board, or in
the | ||||||
| |||||||
| |||||||
| 1 | case of a State police officer, juvenile officer
training | ||||||
| 2 | approved by the Director of the Illinois Department of State | ||||||
| 3 | Police.
| ||||||
| 4 | (18) "Secure child care facility" means any child care | ||||||
| 5 | facility licensed
by the Department of Children and Family | ||||||
| 6 | Services to provide secure living
arrangements for children | ||||||
| 7 | under 18 years of age who are subject to placement in
| ||||||
| 8 | facilities under the Children and Family Services Act and who | ||||||
| 9 | are not subject
to placement in facilities for whom standards | ||||||
| 10 | are established by the Department
of Corrections under Section | ||||||
| 11 | 3-15-2 of the Unified Code of Corrections.
"Secure child care | ||||||
| 12 | facility" also means a
facility that is designed and operated | ||||||
| 13 | to ensure that all entrances and
exits
from the facility, a | ||||||
| 14 | building, or a distinct part of the building are under the
| ||||||
| 15 | exclusive control of the staff of the facility, whether or not | ||||||
| 16 | the child has
the freedom of movement within the perimeter of | ||||||
| 17 | the facility, building, or
distinct part of the building.
| ||||||
| 18 | (Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17; | ||||||
| 19 | 100-229, eff. 1-1-18; 100-689, eff. 1-1-19; 100-863, eff. | ||||||
| 20 | 8-14-18; 100-1162, eff. 12-20-18.)
| ||||||
| 21 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||||||
| 22 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
| 23 | municipal ordinance violation records.
| ||||||
| 24 | (A) All juvenile law enforcement records which have not | ||||||
| 25 | been expunged are confidential and may never be disclosed to | ||||||
| |||||||
| |||||||
| 1 | the general public or otherwise made widely available. Juvenile | ||||||
| 2 | law enforcement records may be obtained only under this Section | ||||||
| 3 | and Section 1-8 and Part 9 of Article V of this Act, when their | ||||||
| 4 | use is needed for good cause and with an order from the | ||||||
| 5 | juvenile court, as required by those not authorized to retain | ||||||
| 6 | them. Inspection, copying, and disclosure of juvenile law | ||||||
| 7 | enforcement records maintained by law
enforcement agencies or | ||||||
| 8 | records of municipal ordinance violations maintained by any | ||||||
| 9 | State, local, or municipal agency that relate to a minor who | ||||||
| 10 | has been investigated, arrested, or taken
into custody before | ||||||
| 11 | his or her 18th birthday shall be restricted to the
following:
| ||||||
| 12 | (0.05) The minor who is the subject of the juvenile law | ||||||
| 13 | enforcement record, his or her parents, guardian, and | ||||||
| 14 | counsel. | ||||||
| 15 | (0.10) Judges of the circuit court and members of the | ||||||
| 16 | staff of the court designated by the judge. | ||||||
| 17 | (0.15) An administrative adjudication hearing officer | ||||||
| 18 | or members of the staff designated to assist in the | ||||||
| 19 | administrative adjudication process. | ||||||
| 20 | (1) Any local, State, or federal law enforcement | ||||||
| 21 | officers or designated law enforcement staff of any
| ||||||
| 22 | jurisdiction or agency when necessary for the discharge of | ||||||
| 23 | their official
duties during the investigation or | ||||||
| 24 | prosecution of a crime or relating to a
minor who has been | ||||||
| 25 | adjudicated delinquent and there has been a previous | ||||||
| 26 | finding
that the act which constitutes the previous offense | ||||||
| |||||||
| |||||||
| 1 | was committed in
furtherance of criminal activities by a | ||||||
| 2 | criminal street gang, or, when necessary for the discharge | ||||||
| 3 | of its official duties in connection with a particular | ||||||
| 4 | investigation of the conduct of a law enforcement officer, | ||||||
| 5 | an independent agency or its staff created by ordinance and | ||||||
| 6 | charged by a unit of local government with the duty of | ||||||
| 7 | investigating the conduct of law enforcement officers. For | ||||||
| 8 | purposes of
this Section, "criminal street gang" has the | ||||||
| 9 | meaning ascribed to it in
Section 10 of the Illinois | ||||||
| 10 | Streetgang Terrorism Omnibus Prevention Act.
| ||||||
| 11 | (2) Prosecutors, public defenders, probation officers, | ||||||
| 12 | social workers, or other
individuals assigned by the court | ||||||
| 13 | to conduct a pre-adjudication or
pre-disposition | ||||||
| 14 | investigation, and individuals responsible for supervising
| ||||||
| 15 | or providing temporary or permanent care and custody for | ||||||
| 16 | minors under
the order of the juvenile court, when | ||||||
| 17 | essential to performing their
responsibilities.
| ||||||
| 18 | (3) Federal, State, or local prosecutors, public | ||||||
| 19 | defenders, probation officers, and designated staff:
| ||||||
| 20 | (a) in the course of a trial when institution of | ||||||
| 21 | criminal proceedings
has been permitted or required | ||||||
| 22 | under Section 5-805;
| ||||||
| 23 | (b) when institution of criminal proceedings has | ||||||
| 24 | been permitted or required under Section 5-805 and the | ||||||
| 25 | minor is the
subject
of a proceeding to determine the | ||||||
| 26 | amount of bail;
| ||||||
| |||||||
| |||||||
| 1 | (c) when criminal proceedings have been permitted
| ||||||
| 2 | or
required under Section 5-805 and the minor is the | ||||||
| 3 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 4 | investigation, fitness hearing, or proceedings
on an | ||||||
| 5 | application for probation; or
| ||||||
| 6 | (d) in the course of prosecution or administrative | ||||||
| 7 | adjudication of a violation of a traffic, boating, or | ||||||
| 8 | fish and game law, or a county or municipal ordinance. | ||||||
| 9 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
| 10 | (5) Authorized military personnel.
| ||||||
| 11 | (5.5) Employees of the federal government authorized | ||||||
| 12 | by law. | ||||||
| 13 | (6) Persons engaged in bona fide research, with the | ||||||
| 14 | permission of the
Presiding Judge and the chief executive | ||||||
| 15 | of the respective
law enforcement agency; provided that | ||||||
| 16 | publication of such research results
in no disclosure of a | ||||||
| 17 | minor's identity and protects the confidentiality
of the | ||||||
| 18 | minor's record.
| ||||||
| 19 | (7) Department of Children and Family Services child | ||||||
| 20 | protection
investigators acting in their official | ||||||
| 21 | capacity.
| ||||||
| 22 | (8) The appropriate school official only if the agency | ||||||
| 23 | or officer believes that there is an imminent threat of | ||||||
| 24 | physical harm to students, school personnel, or others who | ||||||
| 25 | are present in the school or on school grounds. | ||||||
| 26 | (A) Inspection and copying
shall be limited to | ||||||
| |||||||
| |||||||
| 1 | juvenile law enforcement records transmitted to the | ||||||
| 2 | appropriate
school official or officials whom the | ||||||
| 3 | school has determined to have a legitimate educational | ||||||
| 4 | or safety interest by a local law enforcement agency | ||||||
| 5 | under a reciprocal reporting
system established and | ||||||
| 6 | maintained between the school district and the local | ||||||
| 7 | law
enforcement agency under Section 10-20.14 of the | ||||||
| 8 | School Code concerning a minor
enrolled in a school | ||||||
| 9 | within the school district who has been arrested or | ||||||
| 10 | taken
into custody for any of the following offenses:
| ||||||
| 11 | (i) any violation of Article 24 of the Criminal | ||||||
| 12 | Code of
1961 or the Criminal Code of 2012;
| ||||||
| 13 | (ii) a violation of the Illinois Controlled | ||||||
| 14 | Substances Act;
| ||||||
| 15 | (iii) a violation of the Cannabis Control Act;
| ||||||
| 16 | (iv) a forcible felony as defined in Section | ||||||
| 17 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
| 18 | Code of 2012; | ||||||
| 19 | (v) a violation of the Methamphetamine Control | ||||||
| 20 | and Community Protection Act;
| ||||||
| 21 | (vi) a violation of Section 1-2 of the | ||||||
| 22 | Harassing and Obscene Communications Act; | ||||||
| 23 | (vii) a violation of the Hazing Act; or | ||||||
| 24 | (viii) a violation of Section 12-1, 12-2, | ||||||
| 25 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
| 26 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 2 | The information derived from the juvenile law | ||||||
| 3 | enforcement records shall be kept separate from and | ||||||
| 4 | shall not become a part of the official school record | ||||||
| 5 | of that child and shall not be a public record. The | ||||||
| 6 | information shall be used solely by the appropriate | ||||||
| 7 | school official or officials whom the school has | ||||||
| 8 | determined to have a legitimate educational or safety | ||||||
| 9 | interest to aid in the proper rehabilitation of the | ||||||
| 10 | child and to protect the safety of students and | ||||||
| 11 | employees in the school. If the designated law | ||||||
| 12 | enforcement and school officials deem it to be in the | ||||||
| 13 | best interest of the minor, the student may be referred | ||||||
| 14 | to in-school or community-based social services if | ||||||
| 15 | those services are available. "Rehabilitation | ||||||
| 16 | services" may include interventions by school support | ||||||
| 17 | personnel, evaluation for eligibility for special | ||||||
| 18 | education, referrals to community-based agencies such | ||||||
| 19 | as youth services, behavioral healthcare service | ||||||
| 20 | providers, drug and alcohol prevention or treatment | ||||||
| 21 | programs, and other interventions as deemed | ||||||
| 22 | appropriate for the student. | ||||||
| 23 | (B) Any information provided to appropriate school | ||||||
| 24 | officials whom the school has determined to have a | ||||||
| 25 | legitimate educational or safety interest by local law | ||||||
| 26 | enforcement officials about a minor who is the subject | ||||||
| |||||||
| |||||||
| 1 | of a current police investigation that is directly | ||||||
| 2 | related to school safety shall consist of oral | ||||||
| 3 | information only, and not written juvenile law | ||||||
| 4 | enforcement records, and shall be used solely by the | ||||||
| 5 | appropriate school official or officials to protect | ||||||
| 6 | the safety of students and employees in the school and | ||||||
| 7 | aid in the proper rehabilitation of the child. The | ||||||
| 8 | information derived orally from the local law | ||||||
| 9 | enforcement officials shall be kept separate from and | ||||||
| 10 | shall not become a part of the official school record | ||||||
| 11 | of the child and shall not be a public record. This | ||||||
| 12 | limitation on the use of information about a minor who | ||||||
| 13 | is the subject of a current police investigation shall | ||||||
| 14 | in no way limit the use of this information by | ||||||
| 15 | prosecutors in pursuing criminal charges arising out | ||||||
| 16 | of the information disclosed during a police | ||||||
| 17 | investigation of the minor. For purposes of this | ||||||
| 18 | paragraph, "investigation" means an official | ||||||
| 19 | systematic inquiry by a law enforcement agency into | ||||||
| 20 | actual or suspected criminal activity. | ||||||
| 21 | (9) Mental health professionals on behalf of the | ||||||
| 22 | Department of
Corrections or the Department of Human | ||||||
| 23 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
| 24 | or investigating a potential or actual petition
brought
| ||||||
| 25 | under the Sexually Violent Persons Commitment Act relating | ||||||
| 26 | to a person who is
the
subject of juvenile law enforcement | ||||||
| |||||||
| |||||||
| 1 | records or the respondent to a petition
brought under the | ||||||
| 2 | Sexually Violent Persons Commitment Act who is the subject | ||||||
| 3 | of
the
juvenile law enforcement records sought.
Any | ||||||
| 4 | juvenile law enforcement records and any information | ||||||
| 5 | obtained from those juvenile law enforcement records under | ||||||
| 6 | this
paragraph (9) may be used only in sexually violent | ||||||
| 7 | persons commitment
proceedings.
| ||||||
| 8 | (10) The president of a park district. Inspection and | ||||||
| 9 | copying shall be limited to juvenile law enforcement | ||||||
| 10 | records transmitted to the president of the park district | ||||||
| 11 | by the Illinois Department of State Police under Section | ||||||
| 12 | 8-23 of the Park District Code or Section 16a-5 of the | ||||||
| 13 | Chicago Park District Act concerning a person who is | ||||||
| 14 | seeking employment with that park district and who has been | ||||||
| 15 | adjudicated a juvenile delinquent for any of the offenses | ||||||
| 16 | listed in subsection (c) of Section 8-23 of the Park | ||||||
| 17 | District Code or subsection (c) of Section 16a-5 of the | ||||||
| 18 | Chicago Park District Act. | ||||||
| 19 | (11) Persons managing and designated to participate in | ||||||
| 20 | a court diversion program as designated in subsection (6) | ||||||
| 21 | of Section 5-105. | ||||||
| 22 | (12) The Public Access Counselor of the Office of the | ||||||
| 23 | Attorney General, when reviewing juvenile law enforcement | ||||||
| 24 | records under its powers and duties under the Freedom of | ||||||
| 25 | Information Act. | ||||||
| 26 | (13) Collection agencies, contracted or otherwise | ||||||
| |||||||
| |||||||
| 1 | engaged by a governmental entity, to collect any debts due | ||||||
| 2 | and owing to the governmental entity. | ||||||
| 3 | (B)(1) Except as provided in paragraph (2), no law | ||||||
| 4 | enforcement
officer or other person or agency may knowingly | ||||||
| 5 | transmit to the Department of
Corrections, the Illinois | ||||||
| 6 | Department of State Police, or to the Federal
Bureau of | ||||||
| 7 | Investigation any fingerprint or photograph relating to a minor | ||||||
| 8 | who
has been arrested or taken into custody before his or her | ||||||
| 9 | 18th birthday,
unless the court in proceedings under this Act | ||||||
| 10 | authorizes the transmission or
enters an order under Section | ||||||
| 11 | 5-805 permitting or requiring the
institution of
criminal | ||||||
| 12 | proceedings.
| ||||||
| 13 | (2) Law enforcement officers or other persons or agencies | ||||||
| 14 | shall transmit
to the Illinois Department of State Police | ||||||
| 15 | copies of fingerprints and descriptions
of all minors who have | ||||||
| 16 | been arrested or taken into custody before their
18th birthday | ||||||
| 17 | for the offense of unlawful use of weapons under Article 24 of
| ||||||
| 18 | the Criminal Code of 1961 or the Criminal Code of 2012, a Class | ||||||
| 19 | X or Class 1 felony, a forcible felony as
defined in Section | ||||||
| 20 | 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 21 | or a Class 2 or greater
felony under the Cannabis Control Act, | ||||||
| 22 | the Illinois Controlled Substances Act, the Methamphetamine | ||||||
| 23 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
| 24 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
| 25 | Identification Act. Information reported to the Department | ||||||
| 26 | pursuant
to this Section may be maintained with records that | ||||||
| |||||||
| |||||||
| 1 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
| 2 | Identification Act. Nothing in this
Act prohibits a law | ||||||
| 3 | enforcement agency from fingerprinting a minor taken into
| ||||||
| 4 | custody or arrested before his or her 18th birthday for an | ||||||
| 5 | offense other than
those listed in this paragraph (2).
| ||||||
| 6 | (C) The records of law enforcement officers, or of an | ||||||
| 7 | independent agency created by ordinance and charged by a unit | ||||||
| 8 | of local government with the duty of investigating the conduct | ||||||
| 9 | of law enforcement officers, concerning all minors under
18 | ||||||
| 10 | years of age must be maintained separate from the records of | ||||||
| 11 | arrests and
may not be open to public inspection or their | ||||||
| 12 | contents disclosed to the
public. For purposes of obtaining | ||||||
| 13 | documents under this Section, a civil subpoena is not an order | ||||||
| 14 | of the court. | ||||||
| 15 | (1) In cases where the law enforcement, or independent | ||||||
| 16 | agency, records concern a pending juvenile court case, the | ||||||
| 17 | party seeking to inspect the records shall provide actual | ||||||
| 18 | notice to the attorney or guardian ad litem of the minor | ||||||
| 19 | whose records are sought. | ||||||
| 20 | (2) In cases where the records concern a juvenile court | ||||||
| 21 | case that is no longer pending, the party seeking to | ||||||
| 22 | inspect the records shall provide actual notice to the | ||||||
| 23 | minor or the minor's parent or legal guardian, and the | ||||||
| 24 | matter shall be referred to the chief judge presiding over | ||||||
| 25 | matters pursuant to this Act. | ||||||
| 26 | (3) In determining whether the records should be | ||||||
| |||||||
| |||||||
| 1 | available for inspection, the court shall consider the | ||||||
| 2 | minor's interest in confidentiality and rehabilitation | ||||||
| 3 | over the moving party's interest in obtaining the | ||||||
| 4 | information. Any records obtained in violation of this | ||||||
| 5 | subsection (C) shall not be admissible in any criminal or | ||||||
| 6 | civil proceeding, or operate to disqualify a minor from | ||||||
| 7 | subsequently holding public office or securing employment, | ||||||
| 8 | or operate as a forfeiture of any public benefit, right, | ||||||
| 9 | privilege, or right to receive any license granted by | ||||||
| 10 | public authority.
| ||||||
| 11 | (D) Nothing contained in subsection (C) of this Section | ||||||
| 12 | shall prohibit
the inspection or disclosure to victims and | ||||||
| 13 | witnesses of photographs
contained in the records of law | ||||||
| 14 | enforcement agencies when the
inspection and disclosure is | ||||||
| 15 | conducted in the presence of a law enforcement
officer for the | ||||||
| 16 | purpose of the identification or apprehension of any person
| ||||||
| 17 | subject to the provisions of this Act or for the investigation | ||||||
| 18 | or
prosecution of any crime.
| ||||||
| 19 | (E) Law enforcement officers, and personnel of an | ||||||
| 20 | independent agency created by ordinance and charged by a unit | ||||||
| 21 | of local government with the duty of investigating the conduct | ||||||
| 22 | of law enforcement officers, may not disclose the identity of | ||||||
| 23 | any minor
in releasing information to the general public as to | ||||||
| 24 | the arrest, investigation
or disposition of any case involving | ||||||
| 25 | a minor.
| ||||||
| 26 | (F) Nothing contained in this Section shall prohibit law | ||||||
| |||||||
| |||||||
| 1 | enforcement
agencies from communicating with each other by | ||||||
| 2 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
| 3 | or other means the identity or other relevant
information | ||||||
| 4 | pertaining to a person under 18 years of age if there are
| ||||||
| 5 | reasonable grounds to believe that the person poses a real and | ||||||
| 6 | present danger
to the safety of the public or law enforcement | ||||||
| 7 | officers. The information
provided under this subsection (F) | ||||||
| 8 | shall remain confidential and shall not
be publicly disclosed, | ||||||
| 9 | except as otherwise allowed by law.
| ||||||
| 10 | (G) Nothing in this Section shall prohibit the right of a | ||||||
| 11 | Civil Service
Commission or appointing authority of any federal | ||||||
| 12 | government, state, county or municipality
examining the | ||||||
| 13 | character and fitness of an applicant for employment with a law
| ||||||
| 14 | enforcement agency, correctional institution, or fire | ||||||
| 15 | department
from obtaining and examining the
records of any law | ||||||
| 16 | enforcement agency relating to any record of the applicant
| ||||||
| 17 | having been arrested or taken into custody before the | ||||||
| 18 | applicant's 18th
birthday.
| ||||||
| 19 | (G-5) Information identifying victims and alleged victims | ||||||
| 20 | of sex offenses shall not be disclosed or open to the public | ||||||
| 21 | under any circumstances. Nothing in this Section shall prohibit | ||||||
| 22 | the victim or alleged victim of any sex offense from | ||||||
| 23 | voluntarily disclosing his or her own identity. | ||||||
| 24 | (H) The changes made to this Section by Public Act 98-61 | ||||||
| 25 | apply to law enforcement records of a minor who has been | ||||||
| 26 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
| |||||||
| |||||||
| 1 | effective date of Public Act 98-61). | ||||||
| 2 | (H-5) Nothing in this Section shall require any court or | ||||||
| 3 | adjudicative proceeding for traffic, boating, fish and game | ||||||
| 4 | law, or municipal and county ordinance violations to be closed | ||||||
| 5 | to the public. | ||||||
| 6 | (I) Willful violation of this Section is a Class C | ||||||
| 7 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
| 8 | This subsection (I) shall not apply to the person who is the | ||||||
| 9 | subject of the record. | ||||||
| 10 | (J) A person convicted of violating this Section is liable | ||||||
| 11 | for damages in the amount of $1,000 or actual damages, | ||||||
| 12 | whichever is greater. | ||||||
| 13 | (Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; | ||||||
| 14 | 100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff. | ||||||
| 15 | 12-20-18.)
| ||||||
| 16 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
| 17 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
| 18 | court records.
| ||||||
| 19 | (A) A juvenile adjudication shall never be considered a | ||||||
| 20 | conviction nor shall an adjudicated individual be considered a | ||||||
| 21 | criminal. Unless expressly allowed by law, a juvenile | ||||||
| 22 | adjudication shall not operate to impose upon the individual | ||||||
| 23 | any of the civil disabilities ordinarily imposed by or | ||||||
| 24 | resulting from conviction. Unless expressly allowed by law, | ||||||
| 25 | adjudications shall not prejudice or disqualify the individual | ||||||
| |||||||
| |||||||
| 1 | in any civil service application or appointment, from holding | ||||||
| 2 | public office, or from receiving any license granted by public | ||||||
| 3 | authority. All juvenile court records which have not been | ||||||
| 4 | expunged are sealed and may never be disclosed to the general | ||||||
| 5 | public or otherwise made widely available. Sealed juvenile | ||||||
| 6 | court records may be obtained only under this Section and | ||||||
| 7 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
| 8 | is needed for good cause and with an order from the juvenile | ||||||
| 9 | court. Inspection and copying of juvenile court records | ||||||
| 10 | relating to a minor
who is the subject of a proceeding under | ||||||
| 11 | this Act shall be restricted to the
following:
| ||||||
| 12 | (1) The minor who is the subject of record, his or her | ||||||
| 13 | parents, guardian,
and counsel.
| ||||||
| 14 | (2) Law enforcement officers and law enforcement | ||||||
| 15 | agencies when such
information is essential to executing an | ||||||
| 16 | arrest or search warrant or other
compulsory process, or to | ||||||
| 17 | conducting an ongoing investigation
or relating to a minor | ||||||
| 18 | who
has been adjudicated delinquent and there has been a | ||||||
| 19 | previous finding that
the act which constitutes the | ||||||
| 20 | previous offense was committed in furtherance
of criminal | ||||||
| 21 | activities by a criminal street gang.
| ||||||
| 22 | Before July 1, 1994, for the purposes of this Section, | ||||||
| 23 | "criminal street
gang" means any ongoing
organization, | ||||||
| 24 | association, or group of 3 or more persons, whether formal | ||||||
| 25 | or
informal, having as one of its primary activities the | ||||||
| 26 | commission of one or
more criminal acts and that has a | ||||||
| |||||||
| |||||||
| 1 | common name or common identifying sign,
symbol or specific | ||||||
| 2 | color apparel displayed, and whose members individually
or | ||||||
| 3 | collectively engage in or have engaged in a pattern of | ||||||
| 4 | criminal activity.
| ||||||
| 5 | Beginning July 1, 1994, for purposes of this Section, | ||||||
| 6 | "criminal street
gang" has the meaning ascribed to it in | ||||||
| 7 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
| 8 | Prevention Act.
| ||||||
| 9 | (3) Judges, hearing officers, prosecutors, public | ||||||
| 10 | defenders, probation officers, social
workers, or other
| ||||||
| 11 | individuals assigned by the court to conduct a | ||||||
| 12 | pre-adjudication or pre-disposition
investigation, and | ||||||
| 13 | individuals responsible for supervising
or providing | ||||||
| 14 | temporary or permanent care and custody for minors under | ||||||
| 15 | the order of the juvenile court when essential to | ||||||
| 16 | performing their
responsibilities.
| ||||||
| 17 | (4) Judges, federal, State, and local prosecutors, | ||||||
| 18 | public defenders, probation officers, and designated | ||||||
| 19 | staff:
| ||||||
| 20 | (a) in the course of a trial when institution of | ||||||
| 21 | criminal proceedings
has been permitted or required | ||||||
| 22 | under Section 5-805;
| ||||||
| 23 | (b) when criminal proceedings have been permitted
| ||||||
| 24 | or
required under Section 5-805 and a minor is the | ||||||
| 25 | subject of a
proceeding to
determine the amount of | ||||||
| 26 | bail;
| ||||||
| |||||||
| |||||||
| 1 | (c) when criminal proceedings have been permitted
| ||||||
| 2 | or
required under Section 5-805 and a minor is the | ||||||
| 3 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 4 | investigation or fitness hearing, or
proceedings on an | ||||||
| 5 | application for probation; or
| ||||||
| 6 | (d) when a minor becomes 18 years of age or older, | ||||||
| 7 | and is the subject
of criminal proceedings, including a | ||||||
| 8 | hearing to determine the amount of
bail, a pre-trial | ||||||
| 9 | investigation, a pre-sentence investigation, a fitness
| ||||||
| 10 | hearing, or proceedings on an application for | ||||||
| 11 | probation.
| ||||||
| 12 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
| 13 | (6) Authorized military personnel.
| ||||||
| 14 | (6.5) Employees of the federal government authorized | ||||||
| 15 | by law. | ||||||
| 16 | (7) Victims, their subrogees and legal | ||||||
| 17 | representatives; however, such
persons shall have access | ||||||
| 18 | only to the name and address of the minor and
information | ||||||
| 19 | pertaining to the disposition or alternative adjustment | ||||||
| 20 | plan
of the juvenile court.
| ||||||
| 21 | (8) Persons engaged in bona fide research, with the | ||||||
| 22 | permission of the
presiding judge of the juvenile court and | ||||||
| 23 | the chief executive of the agency
that prepared the | ||||||
| 24 | particular records; provided that publication of such
| ||||||
| 25 | research results in no disclosure of a minor's identity and | ||||||
| 26 | protects the
confidentiality of the record.
| ||||||
| |||||||
| |||||||
| 1 | (9) The Secretary of State to whom the Clerk of the | ||||||
| 2 | Court shall report
the disposition of all cases, as | ||||||
| 3 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
| 4 | However, information reported relative to these offenses | ||||||
| 5 | shall
be privileged and available only to the Secretary of | ||||||
| 6 | State, courts, and police
officers.
| ||||||
| 7 | (10) The administrator of a bonafide substance abuse | ||||||
| 8 | student
assistance program with the permission of the | ||||||
| 9 | presiding judge of the
juvenile court.
| ||||||
| 10 | (11) Mental health professionals on behalf of the | ||||||
| 11 | Department of
Corrections or the Department of Human | ||||||
| 12 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
| 13 | or investigating a potential or actual petition
brought
| ||||||
| 14 | under the Sexually Violent Persons Commitment Act relating | ||||||
| 15 | to a person who is the
subject of
juvenile court records or | ||||||
| 16 | the respondent to a petition brought under
the
Sexually | ||||||
| 17 | Violent Persons Commitment Act, who is the subject of | ||||||
| 18 | juvenile
court records
sought. Any records and any | ||||||
| 19 | information obtained from those records under this
| ||||||
| 20 | paragraph (11) may be used only in sexually violent persons | ||||||
| 21 | commitment
proceedings.
| ||||||
| 22 | (12) Collection agencies, contracted or otherwise | ||||||
| 23 | engaged by a governmental entity, to collect any debts due | ||||||
| 24 | and owing to the governmental entity. | ||||||
| 25 | (A-1) Findings and exclusions of paternity entered in | ||||||
| 26 | proceedings occurring under Article II of this Act shall be | ||||||
| |||||||
| |||||||
| 1 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
| 2 | of the Juvenile Court, to the Department of Healthcare and | ||||||
| 3 | Family Services when necessary to discharge the duties of the | ||||||
| 4 | Department of Healthcare and Family Services under Article X of | ||||||
| 5 | the Illinois Public Aid Code. | ||||||
| 6 | (B) A minor who is the victim in a juvenile proceeding | ||||||
| 7 | shall be
provided the same confidentiality regarding | ||||||
| 8 | disclosure of identity as the
minor who is the subject of | ||||||
| 9 | record.
| ||||||
| 10 | (C)(0.1) In cases where the records concern a pending | ||||||
| 11 | juvenile court case, the requesting party seeking to inspect | ||||||
| 12 | the juvenile court records shall provide actual notice to the | ||||||
| 13 | attorney or guardian ad litem of the minor whose records are | ||||||
| 14 | sought. | ||||||
| 15 | (0.2) In cases where the juvenile court records concern a | ||||||
| 16 | juvenile court case that is no longer pending, the requesting | ||||||
| 17 | party seeking to inspect the juvenile court records shall | ||||||
| 18 | provide actual notice to the minor or the minor's parent or | ||||||
| 19 | legal guardian, and the matter shall be referred to the chief | ||||||
| 20 | judge presiding over matters pursuant to this Act. | ||||||
| 21 | (0.3) In determining whether juvenile court records should | ||||||
| 22 | be made available for inspection and whether inspection should | ||||||
| 23 | be limited to certain parts of the file, the court shall | ||||||
| 24 | consider the minor's interest in confidentiality and | ||||||
| 25 | rehabilitation over the requesting party's interest in | ||||||
| 26 | obtaining the information. The State's Attorney, the minor, and | ||||||
| |||||||
| |||||||
| 1 | the minor's parents, guardian, and counsel shall at all times | ||||||
| 2 | have the right to examine court files and records. | ||||||
| 3 | (0.4) Any records obtained in violation of this Section | ||||||
| 4 | shall not be admissible in any criminal or civil proceeding, or | ||||||
| 5 | operate to disqualify a minor from subsequently holding public | ||||||
| 6 | office, or operate as a forfeiture of any public benefit, | ||||||
| 7 | right, privilege, or right to receive any license granted by | ||||||
| 8 | public authority.
| ||||||
| 9 | (D) Pending or following any adjudication of delinquency | ||||||
| 10 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
| 11 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
| 12 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
| 13 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
| 14 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
| 15 | juvenile who is the subject of the adjudication, | ||||||
| 16 | notwithstanding any other
provision of this Act, shall be | ||||||
| 17 | treated
as an adult for the purpose of affording such rights to | ||||||
| 18 | the victim.
| ||||||
| 19 | (E) Nothing in this Section shall affect the right of a | ||||||
| 20 | Civil Service
Commission or appointing authority of the federal | ||||||
| 21 | government, or any state, county, or municipality
examining the | ||||||
| 22 | character and fitness of
an applicant for employment with a law | ||||||
| 23 | enforcement
agency, correctional institution, or fire | ||||||
| 24 | department to
ascertain
whether that applicant was ever | ||||||
| 25 | adjudicated to be a delinquent minor and,
if so, to examine the | ||||||
| 26 | records of disposition or evidence which were made in
| ||||||
| |||||||
| |||||||
| 1 | proceedings under this Act.
| ||||||
| 2 | (F) Following any adjudication of delinquency for a crime | ||||||
| 3 | which would be
a felony if committed by an adult, or following | ||||||
| 4 | any adjudication of delinquency
for a violation of Section | ||||||
| 5 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
| 6 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
| 7 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 8 | shall provide
a copy of the dispositional order to the | ||||||
| 9 | principal or chief administrative
officer of the school. Access | ||||||
| 10 | to the dispositional order shall be limited
to the principal or | ||||||
| 11 | chief administrative officer of the school and any guidance
| ||||||
| 12 | counselor designated by him or her.
| ||||||
| 13 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
| 14 | disclosure of information or records relating or pertaining to | ||||||
| 15 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 16 | Offender Comprehensive
Action Program when that information is | ||||||
| 17 | used to assist in the early
identification and treatment of | ||||||
| 18 | habitual juvenile offenders.
| ||||||
| 19 | (H) When a court hearing a proceeding under Article II of | ||||||
| 20 | this Act becomes
aware that an earlier proceeding under Article | ||||||
| 21 | II had been heard in a different
county, that court shall | ||||||
| 22 | request, and the court in which the earlier
proceedings were | ||||||
| 23 | initiated shall transmit, an authenticated copy of the juvenile | ||||||
| 24 | court
record, including all documents, petitions, and orders | ||||||
| 25 | filed and the
minute orders, transcript of proceedings, and | ||||||
| 26 | docket entries of the court.
| ||||||
| |||||||
| |||||||
| 1 | (I) The Clerk of the Circuit Court shall report to the | ||||||
| 2 | Illinois Department of
State
Police, in the form and manner | ||||||
| 3 | required by the Illinois Department of State Police, the
final | ||||||
| 4 | disposition of each minor who has been arrested or taken into | ||||||
| 5 | custody
before his or her 18th birthday for those offenses | ||||||
| 6 | required to be reported
under Section 5 of the Criminal | ||||||
| 7 | Identification Act. Information reported to
the Department | ||||||
| 8 | under this Section may be maintained with records that the
| ||||||
| 9 | Department files under Section 2.1 of the Criminal | ||||||
| 10 | Identification Act.
| ||||||
| 11 | (J) The changes made to this Section by Public Act 98-61 | ||||||
| 12 | apply to juvenile law enforcement records of a minor who has | ||||||
| 13 | been arrested or taken into custody on or after January 1, 2014 | ||||||
| 14 | (the effective date of Public Act 98-61). | ||||||
| 15 | (K) Willful violation of this Section is a Class C | ||||||
| 16 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
| 17 | This subsection (K) shall not apply to the person who is the | ||||||
| 18 | subject of the record. | ||||||
| 19 | (L) A person convicted of violating this Section is liable | ||||||
| 20 | for damages in the amount of $1,000 or actual damages, | ||||||
| 21 | whichever is greater. | ||||||
| 22 | (Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18; | ||||||
| 23 | 100-1162, eff. 12-20-18.)
| ||||||
| 24 | (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
| ||||||
| 25 | Sec. 2-21. Findings and adjudication.
| ||||||
| |||||||
| |||||||
| 1 | (1) The court shall state for the record the manner in | ||||||
| 2 | which the parties
received service of process and shall note | ||||||
| 3 | whether the return or returns of
service, postal return receipt | ||||||
| 4 | or receipts for notice by certified mail,
or certificate or | ||||||
| 5 | certificates of publication have been filed in the court
| ||||||
| 6 | record. The court shall enter any appropriate orders of default | ||||||
| 7 | against any
parent who has been properly served in any manner | ||||||
| 8 | and fails to appear.
| ||||||
| 9 | No further service of process as defined in Sections 2-15 | ||||||
| 10 | and 2-16 is
required in any subsequent proceeding for a parent | ||||||
| 11 | who was properly served in
any manner, except as required by | ||||||
| 12 | Supreme Court Rule 11.
| ||||||
| 13 | The caseworker shall testify about the diligent search | ||||||
| 14 | conducted for the
parent.
| ||||||
| 15 | After hearing the evidence the court shall determine | ||||||
| 16 | whether or not the
minor is abused, neglected, or dependent. If | ||||||
| 17 | it finds that the minor is not
such a person, the court shall | ||||||
| 18 | order the petition dismissed and the minor
discharged. The | ||||||
| 19 | court's determination of whether the minor is abused,
| ||||||
| 20 | neglected, or dependent shall be stated in writing with the | ||||||
| 21 | factual basis
supporting that determination.
| ||||||
| 22 | If the court finds that the minor is abused, neglected, or | ||||||
| 23 | dependent, the
court shall then determine and put in writing | ||||||
| 24 | the factual basis supporting
that determination, and specify, | ||||||
| 25 | to the extent possible, the acts
or omissions or both of each | ||||||
| 26 | parent, guardian, or legal custodian that form the
basis
of the | ||||||
| |||||||
| |||||||
| 1 | court's findings. That finding shall appear in the order of the | ||||||
| 2 | court.
| ||||||
| 3 | If the court finds that the child has been abused, | ||||||
| 4 | neglected or dependent,
the court shall admonish the parents | ||||||
| 5 | that they must cooperate with the
Department of Children and | ||||||
| 6 | Family Services, comply with the terms of the
service plan, and | ||||||
| 7 | correct the conditions that require the child to be in care,
or | ||||||
| 8 | risk termination of parental rights.
| ||||||
| 9 | If the court determines that a person has inflicted | ||||||
| 10 | physical or sexual
abuse upon a minor, the court shall report | ||||||
| 11 | that determination to the Illinois Department of State Police, | ||||||
| 12 | which shall include that information in its report to the
| ||||||
| 13 | President of the school board for a school district that | ||||||
| 14 | requests a criminal history records check of that person, or | ||||||
| 15 | the regional superintendent of schools who requests a check of | ||||||
| 16 | that person, as required under Section 10-21.9 or
34-18.5 of | ||||||
| 17 | the School Code.
| ||||||
| 18 | (2) If, pursuant to subsection (1) of this Section, the | ||||||
| 19 | court determines
and
puts in writing the factual basis | ||||||
| 20 | supporting
the determination that the minor is either abused or | ||||||
| 21 | neglected or dependent,
the court shall then set a time not | ||||||
| 22 | later than 30 days after the entry of the
finding for a | ||||||
| 23 | dispositional hearing (unless an earlier date is required
| ||||||
| 24 | pursuant to Section 2-13.1) to be conducted under Section 2-22 | ||||||
| 25 | at which
hearing the court shall determine whether it is | ||||||
| 26 | consistent with the
health, safety and best interests of the
| ||||||
| |||||||
| |||||||
| 1 | minor and the public that he be made a ward of the court. To | ||||||
| 2 | assist the court
in making this and other determinations at the | ||||||
| 3 | dispositional hearing, the court
may order that an | ||||||
| 4 | investigation be conducted and a dispositional report be
| ||||||
| 5 | prepared concerning the minor's physical and mental history and | ||||||
| 6 | condition,
family situation and background, economic status, | ||||||
| 7 | education, occupation,
history of delinquency or criminality, | ||||||
| 8 | personal habits, and any other
information that may be helpful | ||||||
| 9 | to the court. The dispositional hearing may be
continued once | ||||||
| 10 | for a period not to exceed 30 days if the court finds that such
| ||||||
| 11 | continuance is necessary to complete the dispositional report.
| ||||||
| 12 | (3) The time limits of this Section may be waived only by | ||||||
| 13 | consent of
all parties and approval by the court, as determined | ||||||
| 14 | to be consistent with the
health, safety and best interests of | ||||||
| 15 | the minor.
| ||||||
| 16 | (4) For all cases adjudicated prior to July 1, 1991, for | ||||||
| 17 | which no
dispositional hearing has been held prior to that | ||||||
| 18 | date, a dispositional
hearing under Section 2-22 shall be held | ||||||
| 19 | within 90 days of July 1, 1991.
| ||||||
| 20 | (5) The court may terminate the parental rights of a parent | ||||||
| 21 | at the initial
dispositional hearing if all of the following | ||||||
| 22 | conditions are met:
| ||||||
| 23 | (i) the original or amended petition contains a request | ||||||
| 24 | for
termination of parental rights and appointment of a | ||||||
| 25 | guardian with power to
consent to adoption; and
| ||||||
| 26 | (ii) the court has found by a preponderance of | ||||||
| |||||||
| |||||||
| 1 | evidence, introduced or
stipulated to at an adjudicatory | ||||||
| 2 | hearing, that the child comes under the
jurisdiction of the | ||||||
| 3 | court as an abused, neglected, or dependent minor under
| ||||||
| 4 | Section 2-18; and
| ||||||
| 5 | (iii) the court finds, on the basis of clear and | ||||||
| 6 | convincing evidence
admitted at the adjudicatory hearing | ||||||
| 7 | that the parent is an unfit person under
subdivision D of | ||||||
| 8 | Section 1 of the Adoption Act; and
| ||||||
| 9 | (iv) the court determines in accordance with the rules | ||||||
| 10 | of evidence for
dispositional proceedings, that:
| ||||||
| 11 | (A) it is in the best interest of the minor and | ||||||
| 12 | public that the child be
made a ward of the court;
| ||||||
| 13 | (A-5) reasonable efforts under subsection (l-1) of | ||||||
| 14 | Section 5 of the
Children and Family Services Act are | ||||||
| 15 | inappropriate or such efforts were
made and were | ||||||
| 16 | unsuccessful; and
| ||||||
| 17 | (B) termination of parental rights and appointment | ||||||
| 18 | of a guardian with
power to consent to adoption is in | ||||||
| 19 | the best interest of the child pursuant to
Section | ||||||
| 20 | 2-29.
| ||||||
| 21 | (Source: P.A. 93-909, eff. 8-12-04.)
| ||||||
| 22 | (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
| ||||||
| 23 | Sec. 2-25. Order of protection.
| ||||||
| 24 | (1) The court may make an order of
protection in assistance | ||||||
| 25 | of or as a condition of any other order authorized
by this Act. | ||||||
| |||||||
| |||||||
| 1 | The order of protection shall be based on the health, safety
| ||||||
| 2 | and best interests of the minor and may set forth reasonable | ||||||
| 3 | conditions of
behavior to be observed for a specified period. | ||||||
| 4 | Such an order may require a
person:
| ||||||
| 5 | (a) to stay away from the home or the minor;
| ||||||
| 6 | (b) to permit a parent to visit the minor at stated | ||||||
| 7 | periods;
| ||||||
| 8 | (c) to abstain from offensive conduct against the | ||||||
| 9 | minor, his parent or
any person to whom custody of the | ||||||
| 10 | minor is awarded;
| ||||||
| 11 | (d) to give proper attention to the care of the home;
| ||||||
| 12 | (e) to cooperate in good faith with an agency to which | ||||||
| 13 | custody of a
minor is entrusted by the court or with an | ||||||
| 14 | agency or association to which
the minor is referred by the | ||||||
| 15 | court;
| ||||||
| 16 | (f) to prohibit and prevent any contact whatsoever with | ||||||
| 17 | the respondent
minor by a specified individual or | ||||||
| 18 | individuals who are alleged in either a
criminal or | ||||||
| 19 | juvenile proceeding to have caused injury to a respondent
| ||||||
| 20 | minor or a sibling of a respondent minor;
| ||||||
| 21 | (g) to refrain from acts of commission or omission that | ||||||
| 22 | tend to make
the home not a proper place for the minor;
| ||||||
| 23 | (h) to refrain from contacting the minor and the foster | ||||||
| 24 | parents in any
manner that is not specified in writing in | ||||||
| 25 | the case plan.
| ||||||
| 26 | (2) The court shall enter an order of protection
to | ||||||
| |||||||
| |||||||
| 1 | prohibit and prevent any contact between a respondent minor
or | ||||||
| 2 | a sibling of a respondent minor and any person named in a | ||||||
| 3 | petition
seeking an order of protection who has been convicted | ||||||
| 4 | of
heinous battery or aggravated battery under subdivision | ||||||
| 5 | (a)(2) of Section 12-3.05,
aggravated battery of a child or | ||||||
| 6 | aggravated battery under subdivision (b)(1) of Section | ||||||
| 7 | 12-3.05, criminal sexual assault, aggravated criminal sexual | ||||||
| 8 | assault,
predatory criminal sexual assault of a child,
criminal | ||||||
| 9 | sexual abuse, or aggravated criminal
sexual abuse as described | ||||||
| 10 | in the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| 11 | has been
convicted of an offense that resulted in the death of | ||||||
| 12 | a child, or has
violated a previous order of protection under | ||||||
| 13 | this Section.
| ||||||
| 14 | (3) When the court issues an order of protection against | ||||||
| 15 | any person as
provided by this Section, the court shall direct | ||||||
| 16 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
| 17 | shall furnish a copy of the order of
protection to the Illinois | ||||||
| 18 | Department of State Police within 24 hours of
receipt, in the | ||||||
| 19 | form and manner required by the Department. The Illinois | ||||||
| 20 | Department of State Police shall maintain a complete record and | ||||||
| 21 | index of such orders
of protection and make this data available | ||||||
| 22 | to all local law enforcement
agencies.
| ||||||
| 23 | (4) After notice and opportunity for hearing afforded to a | ||||||
| 24 | person
subject to an order of protection, the order may be | ||||||
| 25 | modified or extended
for a further specified period or both or | ||||||
| 26 | may be terminated if the court
finds that the health, safety, | ||||||
| |||||||
| |||||||
| 1 | and best interests of the minor and the
public will be served
| ||||||
| 2 | thereby.
| ||||||
| 3 | (5) An order of protection may be sought at any time during | ||||||
| 4 | the course
of any proceeding conducted pursuant to this Act if | ||||||
| 5 | such an order is
consistent with the
health, safety, and best | ||||||
| 6 | interests of the minor. Any person against whom
an order of | ||||||
| 7 | protection is sought may retain counsel to represent him at a
| ||||||
| 8 | hearing, and has rights to be present at the hearing, to be | ||||||
| 9 | informed prior
to the hearing in writing of the contents of the | ||||||
| 10 | petition seeking a
protective order and of the date, place and | ||||||
| 11 | time of such hearing, and to
cross examine witnesses called by | ||||||
| 12 | the petitioner and to present witnesses
and argument in | ||||||
| 13 | opposition to the relief sought in the petition.
| ||||||
| 14 | (6) Diligent efforts shall be made by the petitioner to | ||||||
| 15 | serve any person
or persons against whom any order of | ||||||
| 16 | protection is sought with written
notice of the contents of the | ||||||
| 17 | petition seeking a protective order and
of the date, place and | ||||||
| 18 | time at which the hearing on the petition is to be
held. When a | ||||||
| 19 | protective order is being sought in conjunction with a
| ||||||
| 20 | temporary custody hearing, if the court finds that the person | ||||||
| 21 | against whom
the protective order is being sought has been | ||||||
| 22 | notified of the hearing or
that diligent efforts have been made | ||||||
| 23 | to notify such person, the court may
conduct a hearing. If a | ||||||
| 24 | protective order is sought at any time other than
in | ||||||
| 25 | conjunction with a temporary custody hearing, the court may
not | ||||||
| 26 | conduct a hearing on the petition in the absence of the person | ||||||
| |||||||
| |||||||
| 1 | against
whom the order is sought unless the petitioner has | ||||||
| 2 | notified such person by
personal service at least 3 days before | ||||||
| 3 | the hearing or has sent written
notice by first class mail to | ||||||
| 4 | such person's last known address at least 5
days before the | ||||||
| 5 | hearing.
| ||||||
| 6 | (7) A person against whom an order of protection is being | ||||||
| 7 | sought who is
neither a parent, guardian, legal custodian or | ||||||
| 8 | responsible relative as
described in Section 1-5 is not a party | ||||||
| 9 | or respondent as defined in that
Section and shall not be | ||||||
| 10 | entitled to the rights provided therein.
Such person does not | ||||||
| 11 | have a right to appointed counsel or to be
present at any | ||||||
| 12 | hearing other than the hearing in which the order of protection
| ||||||
| 13 | is being sought or a hearing directly pertaining to that order. | ||||||
| 14 | Unless the
court orders otherwise, such person does not have a | ||||||
| 15 | right to inspect the court
file.
| ||||||
| 16 | (8) All protective orders entered under this Section shall | ||||||
| 17 | be in
writing. Unless the person against whom the order was | ||||||
| 18 | obtained was present
in court when the order was issued, the | ||||||
| 19 | sheriff, other law enforcement
official or special process | ||||||
| 20 | server shall
promptly serve that order upon that person and | ||||||
| 21 | file proof of such service,
in the manner provided for service | ||||||
| 22 | of process in civil proceedings. The
person against whom the | ||||||
| 23 | protective order was obtained may seek a
modification of the | ||||||
| 24 | order by filing a written motion to modify the order
within 7 | ||||||
| 25 | days after actual receipt by the person of a copy of the order. | ||||||
| 26 | Any
modification of the order granted by the court must be | ||||||
| |||||||
| |||||||
| 1 | determined to be
consistent with the best interests of the | ||||||
| 2 | minor.
| ||||||
| 3 | (9) If a petition is filed charging a violation of a | ||||||
| 4 | condition contained in the
protective order and if the court | ||||||
| 5 | determines that this violation is of a critical service | ||||||
| 6 | necessary to the safety and welfare of the minor, the court may | ||||||
| 7 | proceed to findings and an order for temporary custody.
| ||||||
| 8 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
| 9 | 96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||||||
| 10 | 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 11 | (705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
| ||||||
| 12 | Sec. 3-26. Order of protection.
| ||||||
| 13 | (1) The court may make an order of
protection in assistance | ||||||
| 14 | of or as a
condition of any other order authorized by this Act. | ||||||
| 15 | The order of
protection may set forth reasonable conditions of | ||||||
| 16 | behavior to be observed
for a specified period. Such an order | ||||||
| 17 | may require a person:
| ||||||
| 18 | (a) To stay away from the home or the minor;
| ||||||
| 19 | (b) To permit a parent to visit the minor at stated | ||||||
| 20 | periods;
| ||||||
| 21 | (c) To abstain from offensive conduct against the | ||||||
| 22 | minor, his parent or
any person to whom custody of the | ||||||
| 23 | minor is awarded;
| ||||||
| 24 | (d) To give proper attention to the care of the home;
| ||||||
| 25 | (e) To cooperate in good faith with an agency to which | ||||||
| |||||||
| |||||||
| 1 | custody of a
minor is entrusted by the court or with an | ||||||
| 2 | agency or association to which
the minor is referred by the | ||||||
| 3 | court;
| ||||||
| 4 | (f) To prohibit and prevent any contact whatsoever with | ||||||
| 5 | the respondent
minor by a specified individual or | ||||||
| 6 | individuals who are alleged in either a
criminal or | ||||||
| 7 | juvenile proceeding to have caused injury to a respondent
| ||||||
| 8 | minor or a sibling of a respondent minor;
| ||||||
| 9 | (g) To refrain from acts of commission or omission that | ||||||
| 10 | tend to make
the home not a proper place for the minor.
| ||||||
| 11 | (2) The court shall enter an order of protection
to | ||||||
| 12 | prohibit and prevent any contact between a respondent minor
or | ||||||
| 13 | a sibling of a respondent minor and any person named in a | ||||||
| 14 | petition
seeking an order of protection who has been convicted | ||||||
| 15 | of
heinous battery or aggravated battery under subdivision | ||||||
| 16 | (a)(2) of Section 12-3.05,
aggravated battery of a child or | ||||||
| 17 | aggravated battery under subdivision (b)(1) of Section | ||||||
| 18 | 12-3.05, criminal sexual assault, aggravated criminal sexual | ||||||
| 19 | assault,
predatory criminal sexual assault of a child,
criminal | ||||||
| 20 | sexual abuse, or aggravated criminal
sexual abuse as described | ||||||
| 21 | in the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| 22 | has been
convicted of an offense that resulted in the death of | ||||||
| 23 | a child, or has
violated a previous order of protection under | ||||||
| 24 | this Section.
| ||||||
| 25 | (3) When the court issues an order of protection against | ||||||
| 26 | any person as
provided by this Section, the court shall direct | ||||||
| |||||||
| |||||||
| 1 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
| 2 | shall furnish a copy of the
order of protection to the Illinois | ||||||
| 3 | Department of State Police within 24
hours of
receipt, in the | ||||||
| 4 | form and manner required by the Department. The Illinois | ||||||
| 5 | Department of State Police shall maintain a complete record and | ||||||
| 6 | index of such orders
of protection and make this data available | ||||||
| 7 | to all local law enforcement
agencies.
| ||||||
| 8 | (4) After notice and opportunity for hearing afforded to a | ||||||
| 9 | person
subject to an order of protection, the order may be | ||||||
| 10 | modified or extended
for a further specified period or both or | ||||||
| 11 | may be terminated if the court
finds that the best interests of | ||||||
| 12 | the minor and the public will be served
thereby.
| ||||||
| 13 | (5) An order of protection may be sought at any time during | ||||||
| 14 | the course
of any proceeding conducted pursuant to this Act. | ||||||
| 15 | Any person against whom
an order of protection is sought may | ||||||
| 16 | retain counsel to represent him at a
hearing, and has rights to | ||||||
| 17 | be present at the hearing, to be informed prior
to the hearing | ||||||
| 18 | in writing of the contents of the petition seeking a
protective | ||||||
| 19 | order and of the date, place and time of such hearing, and to
| ||||||
| 20 | cross examine witnesses called by the petitioner and to present | ||||||
| 21 | witnesses
and argument in opposition to the relief sought in | ||||||
| 22 | the petition.
| ||||||
| 23 | (6) Diligent efforts shall be made by the petitioner to | ||||||
| 24 | serve any person
or persons against whom any order of | ||||||
| 25 | protection is sought with written
notice of the contents of the | ||||||
| 26 | petition seeking a protective order and
of the date, place and | ||||||
| |||||||
| |||||||
| 1 | time at
which the hearing on the petition is to be held. When a | ||||||
| 2 | protective order
is being sought in conjunction with a shelter | ||||||
| 3 | care hearing, if
the court finds that the person against whom | ||||||
| 4 | the protective order is being
sought has been notified of the | ||||||
| 5 | hearing or that diligent efforts have been
made to notify such | ||||||
| 6 | person, the court may conduct a hearing. If a
protective order | ||||||
| 7 | is sought at any time other than in conjunction with a
shelter | ||||||
| 8 | care hearing, the court may not conduct a hearing on
the | ||||||
| 9 | petition in the absence of the person against whom the order is | ||||||
| 10 | sought
unless the petitioner has notified such person by | ||||||
| 11 | personal service at least
3 days before the hearing or has sent | ||||||
| 12 | written notice by first class
mail to such person's last known | ||||||
| 13 | address at least 5 days before the hearing.
| ||||||
| 14 | (7) A person against whom an order of protection is being | ||||||
| 15 | sought who is
neither a parent, guardian, legal custodian or | ||||||
| 16 | responsible relative as
described in Section 1-5 is not a party | ||||||
| 17 | or respondent as defined in that
Section and shall not be | ||||||
| 18 | entitled to the rights provided therein.
Such person does not | ||||||
| 19 | have a right to appointed counsel or to be
present at any | ||||||
| 20 | hearing other than the hearing in which the order of
protection | ||||||
| 21 | is being sought or a hearing directly pertaining to that order.
| ||||||
| 22 | Unless the court orders otherwise, such person does not have a | ||||||
| 23 | right to
inspect the court file.
| ||||||
| 24 | (8) All protective orders entered under this Section shall | ||||||
| 25 | be in
writing. Unless the person against whom the order was | ||||||
| 26 | obtained was present
in court when the order was issued,
the | ||||||
| |||||||
| |||||||
| 1 | sheriff, other law enforcement official or special process | ||||||
| 2 | server shall
promptly serve that order upon that person and | ||||||
| 3 | file proof of such service,
in the manner provided for service | ||||||
| 4 | of process in civil proceedings. The
person against whom the | ||||||
| 5 | protective order was obtained may seek a
modification of the | ||||||
| 6 | order by filing a written motion to modify the order
within 7 | ||||||
| 7 | days after actual receipt by the person of a copy of the order.
| ||||||
| 8 | (Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11; | ||||||
| 9 | 96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||||||
| 10 | 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 11 | (705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
| ||||||
| 12 | Sec. 4-23. Order of protection.
| ||||||
| 13 | (1) The court may make an order of
protection in assistance | ||||||
| 14 | of or as a
condition of any other order authorized by this Act. | ||||||
| 15 | The order of
protection may set forth reasonable conditions of | ||||||
| 16 | behavior to be observed
for a specified period. Such an order | ||||||
| 17 | may require a person:
| ||||||
| 18 | (a) To stay away from the home or the minor;
| ||||||
| 19 | (b) To permit a parent to visit the minor at stated | ||||||
| 20 | periods;
| ||||||
| 21 | (c) To abstain from offensive conduct against the | ||||||
| 22 | minor, his parent or
any person to whom custody of the | ||||||
| 23 | minor is awarded;
| ||||||
| 24 | (d) To give proper attention to the care of the home;
| ||||||
| 25 | (e) To cooperate in good faith with an agency to which | ||||||
| |||||||
| |||||||
| 1 | custody of a
minor is entrusted by the court or with an | ||||||
| 2 | agency or association to which
the minor is referred by the | ||||||
| 3 | court;
| ||||||
| 4 | (f) To prohibit and prevent any contact whatsoever with | ||||||
| 5 | the respondent
minor by a specified individual or | ||||||
| 6 | individuals who are alleged in either a
criminal or | ||||||
| 7 | juvenile proceeding to have caused injury to a respondent
| ||||||
| 8 | minor or a sibling of a respondent minor;
| ||||||
| 9 | (g) To refrain from acts of commission or omission that | ||||||
| 10 | tend to make
the home not a proper place for the minor.
| ||||||
| 11 | (2) The court shall enter an order of protection
to | ||||||
| 12 | prohibit and prevent any contact between a respondent minor
or | ||||||
| 13 | a sibling of a respondent minor and any person named in a | ||||||
| 14 | petition
seeking an order of protection who has been convicted | ||||||
| 15 | of
heinous battery or aggravated battery under subdivision | ||||||
| 16 | (a)(2) of Section 12-3.05,
aggravated battery of a child or | ||||||
| 17 | aggravated battery under subdivision (b)(1) of Section | ||||||
| 18 | 12-3.05, criminal sexual assault, aggravated criminal sexual | ||||||
| 19 | assault,
predatory criminal sexual assault of a child,
criminal | ||||||
| 20 | sexual abuse, or aggravated criminal
sexual abuse as described | ||||||
| 21 | in the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| 22 | has been
convicted of an offense that resulted in the death of | ||||||
| 23 | a child, or has
violated a previous order of protection under | ||||||
| 24 | this Section.
| ||||||
| 25 | (3) When the court issues an order of protection against | ||||||
| 26 | any person as
provided by this Section, the court shall direct | ||||||
| |||||||
| |||||||
| 1 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
| 2 | shall furnish a copy of the
order of protection to the Illinois | ||||||
| 3 | Department of State Police within 24
hours of
receipt, in the | ||||||
| 4 | form and manner required by the Department. The Illinois | ||||||
| 5 | Department of State Police shall maintain a complete record and | ||||||
| 6 | index of such orders
of protection and make this data available | ||||||
| 7 | to all local law enforcement
agencies.
| ||||||
| 8 | (4) After notice and opportunity for hearing afforded to a | ||||||
| 9 | person
subject to an order of protection, the order may be | ||||||
| 10 | modified or extended
for a further specified period or both or | ||||||
| 11 | may be terminated if the court
finds that the best interests of | ||||||
| 12 | the minor and the public will be served
thereby.
| ||||||
| 13 | (5) An order of protection may be sought at any time during | ||||||
| 14 | the course
of any proceeding conducted pursuant to this Act. | ||||||
| 15 | Any person against whom
an order of protection is sought may | ||||||
| 16 | retain counsel to represent him at a
hearing, and has rights to | ||||||
| 17 | be present at the hearing, to be informed prior
to the hearing | ||||||
| 18 | in writing of the contents of the petition seeking a
protective | ||||||
| 19 | order and of the date, place and time of such hearing, and to
| ||||||
| 20 | cross examine witnesses called by the petitioner and to present | ||||||
| 21 | witnesses
and argument in opposition to the relief sought in | ||||||
| 22 | the petition.
| ||||||
| 23 | (6) Diligent efforts shall be made by the petitioner to | ||||||
| 24 | serve any person
or persons against whom any order of | ||||||
| 25 | protection is sought with written
notice of the contents of the | ||||||
| 26 | petition seeking a protective order and
of the date, place and | ||||||
| |||||||
| |||||||
| 1 | time at
which the hearing on the petition is to be held. When a | ||||||
| 2 | protective order
is being sought in conjunction with a shelter | ||||||
| 3 | care hearing, if
the court finds that the person against whom | ||||||
| 4 | the protective order is being
sought has been notified of the | ||||||
| 5 | hearing or that diligent efforts have been
made to notify such | ||||||
| 6 | person, the court may conduct a hearing. If a
protective order | ||||||
| 7 | is sought at any time other than in conjunction with a
shelter | ||||||
| 8 | care hearing, the court may not conduct a hearing on
the | ||||||
| 9 | petition in the absence of the person against whom the order is | ||||||
| 10 | sought
unless the petitioner has notified such person by | ||||||
| 11 | personal service at least
3 days before the hearing or has sent | ||||||
| 12 | written notice by first class
mail to such person's last known | ||||||
| 13 | address at least 5 days before the hearing.
| ||||||
| 14 | (7) A person against whom an order of protection is being | ||||||
| 15 | sought who is
neither a parent, guardian, legal custodian or | ||||||
| 16 | responsible relative as
described in Section 1-5 is not a party | ||||||
| 17 | or respondent as defined in that
Section and shall not be | ||||||
| 18 | entitled to the rights provided therein.
Such person does not | ||||||
| 19 | have a right to appointed counsel or to be
present at any | ||||||
| 20 | hearing other than the hearing in which the order of
protection | ||||||
| 21 | is being sought or a hearing directly pertaining to that order.
| ||||||
| 22 | Unless the court orders otherwise, such person does not have a | ||||||
| 23 | right to
inspect the court file.
| ||||||
| 24 | (8) All protective orders entered under this Section shall | ||||||
| 25 | be in
writing. Unless the person against whom the order was | ||||||
| 26 | obtained was present
in court when the order was issued,
the | ||||||
| |||||||
| |||||||
| 1 | sheriff, other law enforcement official or special process | ||||||
| 2 | server shall
promptly serve that order upon that person and | ||||||
| 3 | file proof of such service,
in the manner provided for service | ||||||
| 4 | of process in civil proceedings. The
person against whom the | ||||||
| 5 | protective order was obtained may seek a
modification of the | ||||||
| 6 | order by filing a written motion to modify the order
within 7 | ||||||
| 7 | days after actual receipt by the person of a copy of the order.
| ||||||
| 8 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
| 9 | 96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||||||
| 10 | 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 11 | (705 ILCS 405/5-105)
| ||||||
| 12 | Sec. 5-105. Definitions. As used in this Article:
| ||||||
| 13 | (1) "Aftercare release" means the conditional and | ||||||
| 14 | revocable release of an adjudicated delinquent juvenile | ||||||
| 15 | committed to the Department of Juvenile Justice under the | ||||||
| 16 | supervision of the Department of Juvenile Justice. | ||||||
| 17 | (1.5) "Court" means the circuit court in a session or | ||||||
| 18 | division
assigned to hear proceedings under this Act, and | ||||||
| 19 | includes the term Juvenile
Court.
| ||||||
| 20 | (2) "Community service" means uncompensated labor for | ||||||
| 21 | a community service
agency as hereinafter defined.
| ||||||
| 22 | (2.5) "Community service agency" means a | ||||||
| 23 | not-for-profit organization,
community
organization, | ||||||
| 24 | church, charitable organization, individual, public | ||||||
| 25 | office,
or other public body whose purpose is to enhance
| ||||||
| |||||||
| |||||||
| 1 | the physical or mental health of a delinquent minor or to | ||||||
| 2 | rehabilitate the
minor, or to improve the environmental | ||||||
| 3 | quality or social welfare of the
community which agrees to | ||||||
| 4 | accept community service from juvenile delinquents
and to | ||||||
| 5 | report on the progress of the community service to the | ||||||
| 6 | State's
Attorney pursuant to an agreement or to the court | ||||||
| 7 | or to any agency designated
by the court or to the | ||||||
| 8 | authorized diversion program that has referred the
| ||||||
| 9 | delinquent minor for community service.
| ||||||
| 10 | (3) "Delinquent minor" means any minor who prior to his | ||||||
| 11 | or her 18th birthday has violated or attempted to violate, | ||||||
| 12 | regardless of where the act occurred, any federal, State, | ||||||
| 13 | county or municipal law or ordinance.
| ||||||
| 14 | (4) "Department" means the Department of Human | ||||||
| 15 | Services unless specifically
referenced as another | ||||||
| 16 | department.
| ||||||
| 17 | (5) "Detention" means the temporary care of a minor who | ||||||
| 18 | is alleged to be or
has been adjudicated
delinquent and who | ||||||
| 19 | requires secure custody for the minor's own
protection or | ||||||
| 20 | the community's protection in a facility designed to | ||||||
| 21 | physically
restrict the minor's movements, pending | ||||||
| 22 | disposition by the court or
execution of an order of the | ||||||
| 23 | court for placement or commitment. Design
features that | ||||||
| 24 | physically restrict movement include, but are not limited | ||||||
| 25 | to,
locked rooms and the secure handcuffing of a minor to a | ||||||
| 26 | rail or other
stationary object. In addition, "detention" | ||||||
| |||||||
| |||||||
| 1 | includes the court ordered
care of an alleged or | ||||||
| 2 | adjudicated delinquent minor who requires secure
custody | ||||||
| 3 | pursuant to Section 5-125 of this Act.
| ||||||
| 4 | (6) "Diversion" means the referral of a juvenile, | ||||||
| 5 | without court
intervention,
into a program that provides | ||||||
| 6 | services designed to educate the juvenile and
develop a | ||||||
| 7 | productive and responsible approach to living in the | ||||||
| 8 | community.
| ||||||
| 9 | (7) "Juvenile detention home" means a public facility | ||||||
| 10 | with specially trained
staff that conforms to the county | ||||||
| 11 | juvenile detention standards adopted by
the Department of | ||||||
| 12 | Juvenile Justice.
| ||||||
| 13 | (8) "Juvenile justice continuum" means a set of | ||||||
| 14 | delinquency prevention
programs and services designed for | ||||||
| 15 | the purpose of preventing or reducing
delinquent acts, | ||||||
| 16 | including criminal activity by youth gangs, as well as
| ||||||
| 17 | intervention, rehabilitation, and prevention services | ||||||
| 18 | targeted at minors who
have committed delinquent acts,
and | ||||||
| 19 | minors who have previously been committed to residential | ||||||
| 20 | treatment programs
for delinquents. The term includes | ||||||
| 21 | children-in-need-of-services and
| ||||||
| 22 | families-in-need-of-services programs; aftercare and | ||||||
| 23 | reentry services;
substance abuse and mental health | ||||||
| 24 | programs;
community service programs; community service
| ||||||
| 25 | work programs; and alternative-dispute resolution programs | ||||||
| 26 | serving
youth-at-risk of delinquency and their families, | ||||||
| |||||||
| |||||||
| 1 | whether offered or delivered
by State or
local governmental | ||||||
| 2 | entities, public or private for-profit or not-for-profit
| ||||||
| 3 | organizations, or religious or charitable organizations. | ||||||
| 4 | This term would also
encompass any program or service | ||||||
| 5 | consistent with the purpose of those programs
and services | ||||||
| 6 | enumerated in this subsection.
| ||||||
| 7 | (9) "Juvenile police officer" means a sworn police | ||||||
| 8 | officer who has completed
a Basic Recruit Training Course, | ||||||
| 9 | has been assigned to the position of juvenile
police | ||||||
| 10 | officer by his or her chief law enforcement officer and has | ||||||
| 11 | completed
the necessary juvenile officers training as | ||||||
| 12 | prescribed by the Illinois Law
Enforcement Training | ||||||
| 13 | Standards Board, or in the case of a State police officer,
| ||||||
| 14 | juvenile officer training approved by the Director of the | ||||||
| 15 | Illinois State
Police.
| ||||||
| 16 | (10) "Minor" means a person under the age of 21 years | ||||||
| 17 | subject to this Act.
| ||||||
| 18 | (11) "Non-secure custody" means confinement where the | ||||||
| 19 | minor is not
physically
restricted by being placed in a | ||||||
| 20 | locked cell or room, by being handcuffed to a
rail or other | ||||||
| 21 | stationary object, or by other means. Non-secure custody | ||||||
| 22 | may
include, but is not limited to, electronic monitoring, | ||||||
| 23 | foster home placement,
home confinement, group home | ||||||
| 24 | placement, or physical restriction of movement or
activity | ||||||
| 25 | solely through facility staff.
| ||||||
| 26 | (12) "Public or community service" means uncompensated | ||||||
| |||||||
| |||||||
| 1 | labor for a
not-for-profit organization
or public body | ||||||
| 2 | whose purpose is to enhance physical or mental stability of | ||||||
| 3 | the
offender, environmental quality or the social welfare | ||||||
| 4 | and which agrees to
accept public or community service from | ||||||
| 5 | offenders and to report on the progress
of the offender and | ||||||
| 6 | the public or community service to the court or to the
| ||||||
| 7 | authorized diversion program that has referred the | ||||||
| 8 | offender for public or
community
service. "Public or | ||||||
| 9 | community service" does not include blood donation or | ||||||
| 10 | assignment to labor at a blood bank. For the purposes of | ||||||
| 11 | this Act, "blood bank" has the meaning ascribed to the term | ||||||
| 12 | in Section 2-124 of the Illinois Clinical Laboratory and | ||||||
| 13 | Blood Bank Act.
| ||||||
| 14 | (13) "Sentencing hearing" means a hearing to determine | ||||||
| 15 | whether a minor
should
be adjudged a ward of the court, and | ||||||
| 16 | to determine what sentence should be
imposed on the minor. | ||||||
| 17 | It is the intent of the General Assembly that the term
| ||||||
| 18 | "sentencing hearing" replace the term "dispositional | ||||||
| 19 | hearing" and be synonymous
with that definition as it was | ||||||
| 20 | used in the Juvenile Court Act of 1987.
| ||||||
| 21 | (14) "Shelter" means the temporary care of a minor in | ||||||
| 22 | physically
unrestricting facilities pending court | ||||||
| 23 | disposition or execution of court order
for placement.
| ||||||
| 24 | (15) "Site" means a not-for-profit organization, | ||||||
| 25 | public
body, church, charitable organization, or | ||||||
| 26 | individual agreeing to
accept
community service from | ||||||
| |||||||
| |||||||
| 1 | offenders and to report on the progress of ordered or
| ||||||
| 2 | required public or community service to the court or to the | ||||||
| 3 | authorized
diversion program that has referred the | ||||||
| 4 | offender for public or community
service.
| ||||||
| 5 | (16) "Station adjustment" means the informal or formal | ||||||
| 6 | handling of an
alleged
offender by a juvenile police | ||||||
| 7 | officer.
| ||||||
| 8 | (17) "Trial" means a hearing to determine whether the | ||||||
| 9 | allegations of a
petition under Section 5-520 that a minor | ||||||
| 10 | is delinquent are proved beyond a
reasonable doubt. It is | ||||||
| 11 | the intent of the General Assembly that the term
"trial" | ||||||
| 12 | replace the term "adjudicatory hearing" and be synonymous | ||||||
| 13 | with that
definition as it was used in the Juvenile Court | ||||||
| 14 | Act of 1987.
| ||||||
| 15 | The changes made to this Section by Public Act 98-61 apply | ||||||
| 16 | to violations or attempted violations committed on or after | ||||||
| 17 | January 1, 2014 (the effective date of Public Act 98-61). | ||||||
| 18 | (Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685, | ||||||
| 19 | eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78, | ||||||
| 20 | eff. 7-20-15.)
| ||||||
| 21 | (705 ILCS 405/5-301)
| ||||||
| 22 | Sec. 5-301. Station adjustments. A minor arrested for any | ||||||
| 23 | offense or a violation of a condition of previous
station | ||||||
| 24 | adjustment may receive a station adjustment for that arrest as
| ||||||
| 25 | provided herein. In deciding whether to impose a station | ||||||
| |||||||
| |||||||
| 1 | adjustment, either
informal
or formal, a juvenile police | ||||||
| 2 | officer shall consider the following factors:
| ||||||
| 3 | (A) The seriousness of the alleged offense.
| ||||||
| 4 | (B) The prior history of delinquency of the minor.
| ||||||
| 5 | (C) The age of the minor.
| ||||||
| 6 | (D) The culpability of the minor in committing the | ||||||
| 7 | alleged offense.
| ||||||
| 8 | (E) Whether the offense was committed in an aggressive | ||||||
| 9 | or premeditated
manner.
| ||||||
| 10 | (F) Whether the minor used or possessed a deadly weapon | ||||||
| 11 | when committing
the alleged offenses.
| ||||||
| 12 | (1) Informal station adjustment.
| ||||||
| 13 | (a) An informal station adjustment is defined as a | ||||||
| 14 | procedure when a
juvenile police officer determines that | ||||||
| 15 | there is probable
cause to
believe that the minor has | ||||||
| 16 | committed an offense.
| ||||||
| 17 | (b) A minor shall receive no more than 3 informal | ||||||
| 18 | station adjustments
statewide for a misdemeanor offense | ||||||
| 19 | within 3 years without prior approval from
the
State's | ||||||
| 20 | Attorney's Office.
| ||||||
| 21 | (c) A minor shall receive no more than 3 informal | ||||||
| 22 | station adjustments
statewide for a felony offense within 3 | ||||||
| 23 | years without prior approval from the
State's
Attorney's | ||||||
| 24 | Office.
| ||||||
| 25 | (d) A minor shall receive a combined total of no more | ||||||
| 26 | than 5 informal
station adjustments statewide during his or | ||||||
| |||||||
| |||||||
| 1 | her minority.
| ||||||
| 2 | (e) The juvenile police officer may make reasonable | ||||||
| 3 | conditions of an
informal station adjustment which may | ||||||
| 4 | include but are not limited to:
| ||||||
| 5 | (i) Curfew.
| ||||||
| 6 | (ii) Conditions restricting entry into designated | ||||||
| 7 | geographical areas.
| ||||||
| 8 | (iii) No contact with specified persons.
| ||||||
| 9 | (iv) School attendance.
| ||||||
| 10 | (v) Performing up to 25 hours of community service | ||||||
| 11 | work.
| ||||||
| 12 | (vi) Community mediation.
| ||||||
| 13 | (vii) Teen court or a peer court.
| ||||||
| 14 | (viii) Restitution limited to 90 days.
| ||||||
| 15 | (f) If the minor refuses or fails to abide by the | ||||||
| 16 | conditions of an
informal station adjustment, the juvenile | ||||||
| 17 | police officer may impose a formal
station adjustment or | ||||||
| 18 | refer the matter to the State's Attorney's Office.
| ||||||
| 19 | (g) An informal station adjustment does not constitute | ||||||
| 20 | an adjudication
of delinquency or a criminal conviction.
| ||||||
| 21 | Beginning January 1, 2000, a record shall be maintained | ||||||
| 22 | with the
Illinois Department of State Police for informal | ||||||
| 23 | station adjustments for offenses that
would be a felony if | ||||||
| 24 | committed by an adult, and may be maintained if the
offense | ||||||
| 25 | would be a misdemeanor.
| ||||||
| 26 | (2) Formal station adjustment.
| ||||||
| |||||||
| |||||||
| 1 | (a) A formal station adjustment is defined as a | ||||||
| 2 | procedure when a juvenile
police officer determines that | ||||||
| 3 | there is probable cause to
believe the minor has committed | ||||||
| 4 | an offense and an admission by the minor of
involvement in | ||||||
| 5 | the offense.
| ||||||
| 6 | (b) The minor and parent, guardian, or legal custodian | ||||||
| 7 | must agree in
writing to the formal station adjustment and | ||||||
| 8 | must be advised of the
consequences of violation of any | ||||||
| 9 | term of the agreement.
| ||||||
| 10 | (c) The minor and parent, guardian or legal custodian | ||||||
| 11 | shall be provided a
copy of the signed agreement of the | ||||||
| 12 | formal station adjustment. The agreement
shall include:
| ||||||
| 13 | (i) The offense which formed the basis of the | ||||||
| 14 | formal station
adjustment.
| ||||||
| 15 | (ii) An acknowledgment that the terms of the formal | ||||||
| 16 | station adjustment
and
the consequences for violation | ||||||
| 17 | have been explained.
| ||||||
| 18 | (iii) An acknowledgment that the formal station | ||||||
| 19 | adjustments record may
be
expunged under Section 5-915 | ||||||
| 20 | of this Act.
| ||||||
| 21 | (iv) An acknowledgment acknowledgement that the | ||||||
| 22 | minor understands that his or her
admission of | ||||||
| 23 | involvement in the offense may be admitted into | ||||||
| 24 | evidence in future
court hearings.
| ||||||
| 25 | (v) A statement that all parties understand the | ||||||
| 26 | terms and conditions of
formal station adjustment and | ||||||
| |||||||
| |||||||
| 1 | agree to the formal station adjustment process.
| ||||||
| 2 | (d) Conditions of the formal station adjustment may | ||||||
| 3 | include, but are not
limited to:
| ||||||
| 4 | (i) The time shall not exceed 120 days.
| ||||||
| 5 | (ii) The minor shall not violate any laws.
| ||||||
| 6 | (iii) The juvenile police officer may require the | ||||||
| 7 | minor to comply with
additional conditions for the | ||||||
| 8 | formal station adjustment which may include but
are not | ||||||
| 9 | limited to:
| ||||||
| 10 | (a) Attending school.
| ||||||
| 11 | (b) Abiding by a set curfew.
| ||||||
| 12 | (c) Payment of restitution.
| ||||||
| 13 | (d) Refraining from possessing a firearm or | ||||||
| 14 | other weapon.
| ||||||
| 15 | (e) Reporting to a police officer at | ||||||
| 16 | designated times and places,
including reporting | ||||||
| 17 | and verification that the minor is at home at
| ||||||
| 18 | designated hours.
| ||||||
| 19 | (f) Performing up to 25 hours of community | ||||||
| 20 | service work.
| ||||||
| 21 | (g) Refraining from entering designated | ||||||
| 22 | geographical areas.
| ||||||
| 23 | (h) Participating in community mediation.
| ||||||
| 24 | (i) Participating in teen court or peer court.
| ||||||
| 25 | (j) Refraining from contact with specified | ||||||
| 26 | persons.
| ||||||
| |||||||
| |||||||
| 1 | (e) A
formal station adjustment does not constitute an | ||||||
| 2 | adjudication of
delinquency or a criminal conviction. | ||||||
| 3 | Beginning January 1, 2000,
a record shall be maintained | ||||||
| 4 | with the
Illinois Department of State Police for formal | ||||||
| 5 | station adjustments.
| ||||||
| 6 | (f) A minor or the minor's parent, guardian, or legal | ||||||
| 7 | custodian, or both
the minor and the minor's parent, | ||||||
| 8 | guardian, or legal custodian, may refuse
a formal station | ||||||
| 9 | adjustment and have the matter referred
for court action or
| ||||||
| 10 | other appropriate action.
| ||||||
| 11 | (g) A minor or the minor's parent, guardian, or legal | ||||||
| 12 | custodian, or both
the minor and the minor's parent, | ||||||
| 13 | guardian, or legal custodian, may
within 30 days of the | ||||||
| 14 | commencement of the formal station adjustment revoke
their | ||||||
| 15 | consent and
have the matter referred for court action or | ||||||
| 16 | other appropriate action. This
revocation must be in | ||||||
| 17 | writing and personally served upon the police officer or
| ||||||
| 18 | his or her supervisor.
| ||||||
| 19 | (h) The admission of the minor as to involvement in the | ||||||
| 20 | offense shall be
admissible at further court hearings as | ||||||
| 21 | long as the statement would be
admissible under the rules | ||||||
| 22 | of evidence.
| ||||||
| 23 | (i) If the minor violates any term or condition of the | ||||||
| 24 | formal station
adjustment the juvenile police officer | ||||||
| 25 | shall provide written notice of
violation to the
minor and | ||||||
| 26 | the minor's parent, guardian, or legal custodian. After | ||||||
| |||||||
| |||||||
| 1 | consultation
with the
minor and the minor's parent, | ||||||
| 2 | guardian, or legal custodian, the juvenile police
officer
| ||||||
| 3 | may take any of the following steps upon violation:
| ||||||
| 4 | (i) Warn the minor of consequences of continued | ||||||
| 5 | violations and continue
the formal station adjustment.
| ||||||
| 6 | (ii) Extend the period of the formal station | ||||||
| 7 | adjustment up to a total
of 180 days.
| ||||||
| 8 | (iii) Extend the hours of community service work up | ||||||
| 9 | to a total of 40
hours.
| ||||||
| 10 | (iv) Terminate the formal station adjustment | ||||||
| 11 | unsatisfactorily and take
no other action.
| ||||||
| 12 | (v) Terminate the formal station adjustment | ||||||
| 13 | unsatisfactorily and refer
the matter to the juvenile | ||||||
| 14 | court.
| ||||||
| 15 | (j) A minor shall receive no more than 2 formal station
| ||||||
| 16 | adjustments statewide for a felony offense without the | ||||||
| 17 | State's Attorney's
approval within
a 3 year period.
| ||||||
| 18 | (k) A minor shall receive no more than 3 formal station
| ||||||
| 19 | adjustments statewide for a misdemeanor offense without | ||||||
| 20 | the State's Attorney's
approval
within a 3 year period.
| ||||||
| 21 | (l) The total for formal station adjustments statewide | ||||||
| 22 | within the period
of
minority may not exceed 4 without the | ||||||
| 23 | State's Attorney's approval.
| ||||||
| 24 | (m) If the minor is arrested in a jurisdiction where | ||||||
| 25 | the minor does not
reside, the
formal station adjustment | ||||||
| 26 | may be transferred to the jurisdiction where the
minor does | ||||||
| |||||||
| |||||||
| 1 | reside upon written agreement of that jurisdiction to | ||||||
| 2 | monitor the
formal station adjustment.
| ||||||
| 3 | (3) Beginning January 1, 2000, the
juvenile police officer | ||||||
| 4 | making a station adjustment shall assure
that information about | ||||||
| 5 | any offense which would constitute a felony if committed
by an | ||||||
| 6 | adult and may assure that information about a misdemeanor is | ||||||
| 7 | transmitted
to the Illinois Department of State Police.
| ||||||
| 8 | (4) The total number of station adjustments, both formal | ||||||
| 9 | and informal, shall
not exceed 9 without the State's Attorney's | ||||||
| 10 | approval for any minor arrested
anywhere in the State.
| ||||||
| 11 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
| 12 | (705 ILCS 405/5-305)
| ||||||
| 13 | Sec. 5-305. Probation adjustment.
| ||||||
| 14 | (1) The court may authorize the probation officer to confer | ||||||
| 15 | in a
preliminary conference with a minor who is alleged to have | ||||||
| 16 | committed an
offense, his or her parent, guardian or legal | ||||||
| 17 | custodian, the victim, the
juvenile police officer, the State's | ||||||
| 18 | Attorney, and other interested
persons concerning the | ||||||
| 19 | advisability of filing a petition under Section
5-520,
with a | ||||||
| 20 | view to adjusting suitable cases without the filing of a | ||||||
| 21 | petition as
provided for in this Article, the probation officer | ||||||
| 22 | should schedule a
conference
promptly except when the State's | ||||||
| 23 | Attorney insists on court action or when the
minor has | ||||||
| 24 | indicated that he or she will demand a judicial hearing and | ||||||
| 25 | will not
comply
with a probation adjustment.
| ||||||
| |||||||
| |||||||
| 1 | (1-b) In any case of a minor who is in custody, the holding | ||||||
| 2 | of a
probation adjustment conference does not operate to | ||||||
| 3 | prolong temporary custody
beyond the period permitted by | ||||||
| 4 | Section 5-415.
| ||||||
| 5 | (2) This Section does not authorize any probation officer | ||||||
| 6 | to compel any
person to appear at any conference, produce any | ||||||
| 7 | papers, or visit any place.
| ||||||
| 8 | (3) No statement made during a preliminary conference in | ||||||
| 9 | regard to the
offense that is the subject of the conference may | ||||||
| 10 | be admitted into evidence at
an adjudicatory hearing or at any
| ||||||
| 11 | proceeding against the minor under the criminal laws of this | ||||||
| 12 | State prior to his
or her conviction under those laws.
| ||||||
| 13 | (4) When a probation adjustment is appropriate, the | ||||||
| 14 | probation officer shall
promptly formulate a written, | ||||||
| 15 | non-judicial adjustment plan following the
initial conference.
| ||||||
| 16 | (5) Non-judicial probation adjustment plans include but | ||||||
| 17 | are not limited to
the following:
| ||||||
| 18 | (a) up to 6 months informal supervision within the | ||||||
| 19 | family;
| ||||||
| 20 | (b) up to 12 months informal supervision with a | ||||||
| 21 | probation officer
involved which may include any | ||||||
| 22 | conditions of probation provided in Section
5-715;
| ||||||
| 23 | (c) up to 6 months informal supervision with release to | ||||||
| 24 | a person other
than
a parent;
| ||||||
| 25 | (d) referral to special educational, counseling, or | ||||||
| 26 | other rehabilitative
social or educational programs;
| ||||||
| |||||||
| |||||||
| 1 | (e) referral to residential treatment programs;
| ||||||
| 2 | (f) participation in a public or community service | ||||||
| 3 | program or activity;
and
| ||||||
| 4 | (g) any other appropriate action with the consent of | ||||||
| 5 | the minor and a
parent.
| ||||||
| 6 | (6) The factors to be considered by the probation officer | ||||||
| 7 | in formulating a
non-judicial probation adjustment plan shall | ||||||
| 8 | be the same as those limited in
subsection (4) of Section | ||||||
| 9 | 5-405.
| ||||||
| 10 | (7) Beginning January 1, 2000,
the probation officer who | ||||||
| 11 | imposes a probation adjustment plan shall
assure
that | ||||||
| 12 | information about an offense which would constitute a felony if | ||||||
| 13 | committed
by an adult, and may assure that information about a | ||||||
| 14 | misdemeanor offense, is
transmitted to the Illinois Department | ||||||
| 15 | of State Police.
| ||||||
| 16 | (8) If the minor fails to comply with any term or condition | ||||||
| 17 | of the non-judicial probation adjustment, the matter
shall be | ||||||
| 18 | referred to the State's Attorney for determination of whether a | ||||||
| 19 | petition under this Article shall be
filed. | ||||||
| 20 | (Source: P.A. 98-892, eff. 1-1-15.)
| ||||||
| 21 | (705 ILCS 405/5-730)
| ||||||
| 22 | Sec. 5-730. Order of protection.
| ||||||
| 23 | (1) The court may make an order of protection in assistance | ||||||
| 24 | of or as a
condition of any other order authorized by this Act. | ||||||
| 25 | The order of protection
may set forth reasonable conditions of | ||||||
| |||||||
| |||||||
| 1 | behavior to be observed for a specified
period. The order may | ||||||
| 2 | require a
person:
| ||||||
| 3 | (a) to stay away from the home or the minor;
| ||||||
| 4 | (b) to permit a parent to visit the minor at stated | ||||||
| 5 | periods;
| ||||||
| 6 | (c) to abstain from offensive conduct against the | ||||||
| 7 | minor, his or her parent
or any
person to whom custody of | ||||||
| 8 | the minor is awarded;
| ||||||
| 9 | (d) to give proper attention to the care of the home;
| ||||||
| 10 | (e) to cooperate in good faith with an agency to which | ||||||
| 11 | custody of a minor
is entrusted by the court or with an | ||||||
| 12 | agency or association to which the minor
is referred by the | ||||||
| 13 | court;
| ||||||
| 14 | (f) to prohibit and prevent any contact whatsoever with | ||||||
| 15 | the respondent
minor by a specified individual or | ||||||
| 16 | individuals who are alleged in either a
criminal or | ||||||
| 17 | juvenile proceeding to have caused injury to a respondent | ||||||
| 18 | minor or
a sibling of a respondent minor;
| ||||||
| 19 | (g) to refrain from acts of commission or omission that | ||||||
| 20 | tend to make the
home not a proper place for the minor.
| ||||||
| 21 | (2) The court shall enter an order of protection to | ||||||
| 22 | prohibit and prevent
any contact between a respondent minor or | ||||||
| 23 | a sibling of a respondent minor and
any person named in a | ||||||
| 24 | petition seeking an order of protection who has been
convicted | ||||||
| 25 | of heinous battery or aggravated battery under subdivision | ||||||
| 26 | (a)(2) of Section 12-3.05, aggravated battery of a child or | ||||||
| |||||||
| |||||||
| 1 | aggravated battery under subdivision (b)(1) of Section | ||||||
| 2 | 12-3.05, criminal
sexual assault, aggravated criminal sexual | ||||||
| 3 | assault, predatory criminal sexual assault of a child, criminal | ||||||
| 4 | sexual abuse, or aggravated criminal sexual abuse as described | ||||||
| 5 | in the Criminal
Code of 1961 or the Criminal Code of 2012, or | ||||||
| 6 | has been convicted of an offense that resulted in the death of
| ||||||
| 7 | a child, or has violated a previous order of protection under | ||||||
| 8 | this Section.
| ||||||
| 9 | (3) When the court issues an order of protection against | ||||||
| 10 | any person as
provided by this Section, the court shall direct | ||||||
| 11 | a copy of such order to the
sheriff of that county. The sheriff | ||||||
| 12 | shall furnish a copy of the order of
protection to the Illinois | ||||||
| 13 | Department of State Police within 24 hours of receipt, in the
| ||||||
| 14 | form and manner required by the Department. The Illinois | ||||||
| 15 | Department of State Police
shall maintain a complete record and | ||||||
| 16 | index of the orders of protection and
make this data available | ||||||
| 17 | to all local law enforcement agencies.
| ||||||
| 18 | (4) After notice and opportunity for hearing afforded to a | ||||||
| 19 | person subject
to an order of protection, the order may be | ||||||
| 20 | modified or extended for a further
specified period or both or | ||||||
| 21 | may be terminated if the court finds that the best
interests of | ||||||
| 22 | the minor and the public will be served by the modification,
| ||||||
| 23 | extension, or termination.
| ||||||
| 24 | (5) An order of protection may be sought at any time during | ||||||
| 25 | the course of
any proceeding conducted under this Act. Any | ||||||
| 26 | person against whom an
order of protection is sought may retain | ||||||
| |||||||
| |||||||
| 1 | counsel to represent him or her at a
hearing,
and has rights to | ||||||
| 2 | be present at the hearing, to be informed prior to the
hearing | ||||||
| 3 | in writing of the contents of the petition seeking a protective | ||||||
| 4 | order
and of the date, place, and time of the hearing, and to | ||||||
| 5 | cross-examine
witnesses called by the petitioner and to present | ||||||
| 6 | witnesses and argument in
opposition to the relief sought in | ||||||
| 7 | the petition.
| ||||||
| 8 | (6) Diligent efforts shall be made by the petitioner to | ||||||
| 9 | serve any person
or persons against whom any order of | ||||||
| 10 | protection is sought with written notice
of the contents of the | ||||||
| 11 | petition seeking a protective order and of the date,
place and | ||||||
| 12 | time at which the hearing on the petition is to be held. When a
| ||||||
| 13 | protective order is being sought in conjunction with a shelter | ||||||
| 14 | care or
detention hearing, if the court finds that the person | ||||||
| 15 | against whom the
protective order is being sought has been | ||||||
| 16 | notified of the hearing or that
diligent efforts have been made | ||||||
| 17 | to notify the person, the court may conduct a
hearing. If a | ||||||
| 18 | protective order is sought at any
time other than in | ||||||
| 19 | conjunction with a shelter care or detention hearing, the
court | ||||||
| 20 | may not conduct a hearing on the petition in the absence of the | ||||||
| 21 | person
against whom the order is sought unless the petitioner | ||||||
| 22 | has notified the person
by personal service at least 3 days | ||||||
| 23 | before the hearing or has sent written
notice by first class | ||||||
| 24 | mail to the person's last known address at least 5 days
before | ||||||
| 25 | the hearing.
| ||||||
| 26 | (7) A person against whom an order of protection is being | ||||||
| |||||||
| |||||||
| 1 | sought who is
neither a parent, guardian, or legal custodian or | ||||||
| 2 | responsible relative as
described in Section 1-5 of this Act or | ||||||
| 3 | is not a party or respondent as defined
in
that
Section shall | ||||||
| 4 | not be entitled to the rights provided in that Section. The
| ||||||
| 5 | person does not have a right to appointed counsel or to be | ||||||
| 6 | present at
any hearing other than the hearing in which the | ||||||
| 7 | order of protection is being
sought or a hearing directly | ||||||
| 8 | pertaining to that order. Unless the court orders
otherwise, | ||||||
| 9 | the person does not have a right to inspect the court file.
| ||||||
| 10 | (8) All protective orders entered under this Section shall | ||||||
| 11 | be in writing.
Unless the person against whom the order was | ||||||
| 12 | obtained was present in court when
the order was issued, the | ||||||
| 13 | sheriff, other law enforcement official, or special
process | ||||||
| 14 | server shall promptly serve that order upon that person and | ||||||
| 15 | file proof
of that service, in the manner provided for service | ||||||
| 16 | of process in civil
proceedings. The person against whom the | ||||||
| 17 | protective order was obtained may
seek a modification of the | ||||||
| 18 | order by filing a written motion to modify the order
within 7 | ||||||
| 19 | days
after actual receipt by the person of a copy of the order.
| ||||||
| 20 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
| 21 | 96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||||||
| 22 | 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 23 | (705 ILCS 405/5-901)
| ||||||
| 24 | Sec. 5-901. Court file.
| ||||||
| 25 | (1) The Court file with respect to proceedings under this
| ||||||
| |||||||
| |||||||
| 1 | Article shall consist of the petitions, pleadings, victim | ||||||
| 2 | impact statements,
process,
service of process, orders, writs | ||||||
| 3 | and docket entries reflecting hearings held
and judgments and | ||||||
| 4 | decrees entered by the court. The court file shall be
kept | ||||||
| 5 | separate from other records of the court.
| ||||||
| 6 | (a) The file, including information identifying the | ||||||
| 7 | victim or alleged
victim of any sex
offense, shall be | ||||||
| 8 | disclosed only to the following parties when necessary for
| ||||||
| 9 | discharge of their official duties:
| ||||||
| 10 | (i) A judge of the circuit court and members of the | ||||||
| 11 | staff of the court
designated by the judge;
| ||||||
| 12 | (ii) Parties to the proceedings and their | ||||||
| 13 | attorneys;
| ||||||
| 14 | (iii) Victims and their attorneys, except in cases | ||||||
| 15 | of multiple victims
of
sex offenses in which case the | ||||||
| 16 | information identifying the nonrequesting
victims | ||||||
| 17 | shall be redacted;
| ||||||
| 18 | (iv) Probation officers, law enforcement officers | ||||||
| 19 | or prosecutors or
their
staff;
| ||||||
| 20 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
| 21 | (b) The Court file redacted to remove any information | ||||||
| 22 | identifying the
victim or alleged victim of any sex offense | ||||||
| 23 | shall be disclosed only to the
following parties when | ||||||
| 24 | necessary for discharge of their official duties:
| ||||||
| 25 | (i) Authorized military personnel;
| ||||||
| 26 | (ii) Persons engaged in bona fide research, with | ||||||
| |||||||
| |||||||
| 1 | the permission of the
judge of the juvenile court and | ||||||
| 2 | the chief executive of the agency that prepared
the
| ||||||
| 3 | particular recording: provided that publication of | ||||||
| 4 | such research results in no
disclosure of a minor's | ||||||
| 5 | identity and protects the confidentiality of the
| ||||||
| 6 | record;
| ||||||
| 7 | (iii) The Secretary of State to whom the Clerk of | ||||||
| 8 | the Court shall report
the disposition of all cases, as | ||||||
| 9 | required in Section 6-204 or Section 6-205.1
of the | ||||||
| 10 | Illinois
Vehicle Code. However, information reported | ||||||
| 11 | relative to these offenses shall
be privileged and | ||||||
| 12 | available only to the Secretary of State, courts, and | ||||||
| 13 | police
officers;
| ||||||
| 14 | (iv) The administrator of a bonafide substance | ||||||
| 15 | abuse student
assistance program with the permission | ||||||
| 16 | of the presiding judge of the
juvenile court;
| ||||||
| 17 | (v) Any individual, or any public or private agency | ||||||
| 18 | or institution,
having
custody of the juvenile under | ||||||
| 19 | court order or providing educational, medical or
| ||||||
| 20 | mental health services to the juvenile or a | ||||||
| 21 | court-approved advocate for the
juvenile or any | ||||||
| 22 | placement provider or potential placement provider as
| ||||||
| 23 | determined by the court.
| ||||||
| 24 | (3) A minor who is the victim or alleged victim in a | ||||||
| 25 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
| 26 | regarding disclosure of identity as the
minor who is the | ||||||
| |||||||
| |||||||
| 1 | subject of record.
Information identifying victims and alleged | ||||||
| 2 | victims of sex offenses,
shall not be disclosed or open to | ||||||
| 3 | public inspection under any circumstances.
Nothing in this | ||||||
| 4 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
| 5 | offense from voluntarily disclosing his or her identity.
| ||||||
| 6 | (4) Relevant information, reports and records shall be made | ||||||
| 7 | available to the
Department of
Juvenile Justice when a juvenile | ||||||
| 8 | offender has been placed in the custody of the
Department of | ||||||
| 9 | Juvenile Justice.
| ||||||
| 10 | (5) Except as otherwise provided in this subsection (5), | ||||||
| 11 | juvenile court
records shall not be made available to the | ||||||
| 12 | general public
but may be inspected by representatives of | ||||||
| 13 | agencies, associations and news
media or other properly | ||||||
| 14 | interested persons by general or special order of
the court. | ||||||
| 15 | The State's Attorney, the minor, his or her parents, guardian | ||||||
| 16 | and
counsel
shall at all times have the right to examine court | ||||||
| 17 | files and records.
| ||||||
| 18 | (a) The
court shall allow the general public to have | ||||||
| 19 | access to the name, address, and
offense of a minor
who is | ||||||
| 20 | adjudicated a delinquent minor under this Act under either | ||||||
| 21 | of the
following circumstances:
| ||||||
| 22 | (i) The
adjudication of
delinquency was based upon | ||||||
| 23 | the
minor's
commission of first degree murder, attempt | ||||||
| 24 | to commit first degree
murder, aggravated criminal | ||||||
| 25 | sexual assault, or criminal sexual assault; or
| ||||||
| 26 | (ii) The court has made a finding that the minor | ||||||
| |||||||
| |||||||
| 1 | was at least 13 years
of
age
at the time the act was | ||||||
| 2 | committed and the adjudication of delinquency was | ||||||
| 3 | based
upon the minor's commission of: (A)
an act in | ||||||
| 4 | furtherance of the commission of a felony as a member | ||||||
| 5 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
| 6 | involving the use of a firearm in the commission of a
| ||||||
| 7 | felony, (C) an act that would be a Class X felony | ||||||
| 8 | offense
under or
the minor's second or subsequent
Class | ||||||
| 9 | 2 or greater felony offense under the Cannabis Control | ||||||
| 10 | Act if committed
by an adult,
(D) an act that would be | ||||||
| 11 | a second or subsequent offense under Section 402 of
the | ||||||
| 12 | Illinois Controlled Substances Act if committed by an | ||||||
| 13 | adult, (E) an act
that would be an offense under | ||||||
| 14 | Section 401 of the Illinois Controlled
Substances Act | ||||||
| 15 | if committed by an adult, or (F) an act that would be | ||||||
| 16 | an offense under the Methamphetamine Control and | ||||||
| 17 | Community Protection Act if committed by an adult.
| ||||||
| 18 | (b) The court
shall allow the general public to have | ||||||
| 19 | access to the name, address, and offense
of a minor who is | ||||||
| 20 | at least 13 years of age at
the time the offense
is | ||||||
| 21 | committed and who is convicted, in criminal proceedings
| ||||||
| 22 | permitted or required under Section 5-805, under either of
| ||||||
| 23 | the following
circumstances:
| ||||||
| 24 | (i) The minor has been convicted of first degree | ||||||
| 25 | murder, attempt
to commit first degree
murder, | ||||||
| 26 | aggravated criminal sexual
assault, or criminal sexual | ||||||
| |||||||
| |||||||
| 1 | assault,
| ||||||
| 2 | (ii) The court has made a finding that the minor | ||||||
| 3 | was at least 13 years
of age
at the time the offense | ||||||
| 4 | was committed and the conviction was based upon the
| ||||||
| 5 | minor's commission of: (A)
an offense in
furtherance of | ||||||
| 6 | the commission of a felony as a member of or on behalf | ||||||
| 7 | of a
criminal street gang, (B) an offense
involving the | ||||||
| 8 | use of a firearm in the commission of a felony, (C)
a | ||||||
| 9 | Class X felony offense under the Cannabis Control Act | ||||||
| 10 | or a second or
subsequent Class 2 or
greater felony | ||||||
| 11 | offense under the Cannabis Control Act, (D) a
second or | ||||||
| 12 | subsequent offense under Section 402 of the Illinois
| ||||||
| 13 | Controlled Substances Act, (E) an offense under | ||||||
| 14 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
| 15 | or (F) an offense under the Methamphetamine Control and | ||||||
| 16 | Community Protection Act.
| ||||||
| 17 | (6) Nothing in this Section shall be construed to limit the | ||||||
| 18 | use of an a
adjudication of delinquency as
evidence in any | ||||||
| 19 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
| 20 | admissible under the rules of evidence, including but not | ||||||
| 21 | limited to, use as
impeachment evidence against any witness, | ||||||
| 22 | including the minor if he or she
testifies.
| ||||||
| 23 | (7) Nothing in this Section shall affect the right of a | ||||||
| 24 | Civil Service
Commission or appointing authority examining the | ||||||
| 25 | character and fitness of
an applicant for a position as a law | ||||||
| 26 | enforcement officer to ascertain
whether that applicant was | ||||||
| |||||||
| |||||||
| 1 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
| 2 | examine the records or evidence which were made in
proceedings | ||||||
| 3 | under this Act.
| ||||||
| 4 | (8) Following any adjudication of delinquency for a crime | ||||||
| 5 | which would be
a felony if committed by an adult, or following | ||||||
| 6 | any adjudication of delinquency
for a violation of Section | ||||||
| 7 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
| 8 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
| 9 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 10 | shall provide
a copy of the sentencing order to the principal | ||||||
| 11 | or chief administrative
officer of the school. Access to such | ||||||
| 12 | juvenile records shall be limited
to the principal or chief | ||||||
| 13 | administrative officer of the school and any guidance
counselor | ||||||
| 14 | designated by him or her.
| ||||||
| 15 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
| 16 | disclosure of information or records relating or pertaining to | ||||||
| 17 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 18 | Offender Comprehensive
Action Program when that information is | ||||||
| 19 | used to assist in the early
identification and treatment of | ||||||
| 20 | habitual juvenile offenders.
| ||||||
| 21 | (11) The Clerk of the Circuit Court shall report to the | ||||||
| 22 | Illinois Department of
State
Police, in the form and manner | ||||||
| 23 | required by the Illinois Department of State Police, the
final | ||||||
| 24 | disposition of each minor who has been arrested or taken into | ||||||
| 25 | custody
before his or her 18th birthday for those offenses | ||||||
| 26 | required to be reported
under Section 5 of the Criminal | ||||||
| |||||||
| |||||||
| 1 | Identification Act. Information reported to
the Department | ||||||
| 2 | under this Section may be maintained with records that the
| ||||||
| 3 | Department files under Section 2.1 of the Criminal | ||||||
| 4 | Identification Act.
| ||||||
| 5 | (12) Information or records may be disclosed to the general | ||||||
| 6 | public when the
court is conducting hearings under Section | ||||||
| 7 | 5-805 or 5-810.
| ||||||
| 8 | (13) The changes made to this Section by Public Act 98-61 | ||||||
| 9 | apply to juvenile court records of a minor who has been | ||||||
| 10 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
| 11 | effective date of Public Act 98-61). | ||||||
| 12 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||||||
| 13 | 98-756, eff. 7-16-14.)
| ||||||
| 14 | (705 ILCS 405/5-915)
| ||||||
| 15 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
| 16 | juvenile court records.
| ||||||
| 17 | (0.05) (Blank). | ||||||
| 18 | (0.1) (a) The Illinois Department of State Police and all | ||||||
| 19 | law enforcement agencies within the State shall automatically | ||||||
| 20 | expunge, on or before January 1 of each year, all juvenile law | ||||||
| 21 | enforcement records relating to events occurring before an | ||||||
| 22 | individual's 18th birthday if: | ||||||
| 23 | (1) one year or more has elapsed since the date of the | ||||||
| 24 | arrest or law enforcement interaction documented in the | ||||||
| 25 | records; | ||||||
| |||||||
| |||||||
| 1 | (2) no petition for delinquency or criminal charges | ||||||
| 2 | were filed with the clerk of the circuit court relating to | ||||||
| 3 | the arrest or law enforcement interaction documented in the | ||||||
| 4 | records; and | ||||||
| 5 | (3) 6 months have elapsed since the date of the arrest | ||||||
| 6 | without an additional subsequent arrest or filing of a | ||||||
| 7 | petition for delinquency or criminal charges whether | ||||||
| 8 | related or not to the arrest or law enforcement interaction | ||||||
| 9 | documented in the records. | ||||||
| 10 | (b) If the law enforcement agency is unable to verify | ||||||
| 11 | satisfaction of conditions (2) and (3) of this subsection | ||||||
| 12 | (0.1), records that satisfy condition (1) of this subsection | ||||||
| 13 | (0.1) shall be automatically expunged if the records relate to | ||||||
| 14 | an offense that if committed by an adult would not be an | ||||||
| 15 | offense classified as a Class 2 felony or higher, an offense | ||||||
| 16 | under Article 11 of the Criminal Code of 1961 or Criminal Code | ||||||
| 17 | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||||||
| 18 | 12-15, or 12-16 of the Criminal Code of 1961. | ||||||
| 19 | (0.15) If a juvenile law enforcement record meets paragraph | ||||||
| 20 | (a) of subsection (0.1) of this Section, a juvenile law | ||||||
| 21 | enforcement record created: | ||||||
| 22 | (1) prior to January 1, 2018, but on or after January | ||||||
| 23 | 1, 2013 shall be automatically expunged prior to January 1, | ||||||
| 24 | 2020; | ||||||
| 25 | (2) prior to January 1, 2013, but on or after January | ||||||
| 26 | 1, 2000, shall be automatically expunged prior to January | ||||||
| |||||||
| |||||||
| 1 | 1, 2023; and | ||||||
| 2 | (3) prior to January 1, 2000 shall not be subject to | ||||||
| 3 | the automatic expungement provisions of this Act. | ||||||
| 4 | Nothing in this subsection (0.15) shall be construed to | ||||||
| 5 | restrict or modify an individual's right to have his or her | ||||||
| 6 | juvenile law enforcement records expunged except as otherwise | ||||||
| 7 | may be provided in this Act. | ||||||
| 8 | (0.2) (a) Upon dismissal of a petition alleging delinquency | ||||||
| 9 | or upon a finding of not delinquent, the successful termination | ||||||
| 10 | of an order of supervision, or the successful termination of an | ||||||
| 11 | adjudication for an offense which would be a Class B | ||||||
| 12 | misdemeanor, Class C misdemeanor, or a petty or business | ||||||
| 13 | offense if committed by an adult, the court shall automatically | ||||||
| 14 | order the expungement of the juvenile court records and | ||||||
| 15 | juvenile law enforcement records. The clerk shall deliver a | ||||||
| 16 | certified copy of the expungement order to the Illinois | ||||||
| 17 | Department of State Police and the arresting agency. Upon | ||||||
| 18 | request, the State's Attorney shall furnish the name of the | ||||||
| 19 | arresting agency. The expungement shall be completed within 60 | ||||||
| 20 | business days after the receipt of the expungement order. | ||||||
| 21 | (b) If the chief law enforcement officer of the agency, or | ||||||
| 22 | his or her designee, certifies in writing that certain | ||||||
| 23 | information is needed for a pending investigation involving the | ||||||
| 24 | commission of a felony, that information, and information | ||||||
| 25 | identifying the juvenile, may be retained until the statute of | ||||||
| 26 | limitations for the felony has run. If the chief law | ||||||
| |||||||
| |||||||
| 1 | enforcement officer of the agency, or his or her designee, | ||||||
| 2 | certifies in writing that certain information is needed with | ||||||
| 3 | respect to an internal investigation of any law enforcement | ||||||
| 4 | office, that information and information identifying the | ||||||
| 5 | juvenile may be retained within an intelligence file until the | ||||||
| 6 | investigation is terminated or the disciplinary action, | ||||||
| 7 | including appeals, has been completed, whichever is later. | ||||||
| 8 | Retention of a portion of a juvenile's law enforcement record | ||||||
| 9 | does not disqualify the remainder of his or her record from | ||||||
| 10 | immediate automatic expungement. | ||||||
| 11 | (0.3) (a) Upon an adjudication of delinquency based on any | ||||||
| 12 | offense except a disqualified offense, the juvenile court shall | ||||||
| 13 | automatically order the expungement of the juvenile court and | ||||||
| 14 | law enforcement records 2 years after the juvenile's case was | ||||||
| 15 | closed if no delinquency or criminal proceeding is pending and | ||||||
| 16 | the person has had no subsequent delinquency adjudication or | ||||||
| 17 | criminal conviction. The clerk shall deliver a certified copy | ||||||
| 18 | of the expungement order to the Illinois Department of State | ||||||
| 19 | Police and the arresting agency. Upon request, the State's | ||||||
| 20 | Attorney shall furnish the name of the arresting agency. The | ||||||
| 21 | expungement shall be completed within 60 business days after | ||||||
| 22 | the receipt of the expungement order. In this subsection (0.3), | ||||||
| 23 | "disqualified offense" means any of the following offenses: | ||||||
| 24 | Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, | ||||||
| 25 | 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 26 | 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, | ||||||
| |||||||
| |||||||
| 1 | 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5, | ||||||
| 2 | 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6, | ||||||
| 3 | 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A, | ||||||
| 4 | 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, | ||||||
| 5 | 32-4a, or 33A-2 of the Criminal Code of 2012, or subsection (b) | ||||||
| 6 | of Section 8-1, paragraph (4) of subsection (a) of Section | ||||||
| 7 | 11-14.4, subsection (a-5) of Section 12-3.1, paragraph (1), | ||||||
| 8 | (2), or (3) of subsection (a) of Section 12-6, subsection (a-3) | ||||||
| 9 | or (a-5) of Section 12-7.3, paragraph (1) or (2) of subsection | ||||||
| 10 | (a) of Section 12-7.4, subparagraph (i) of paragraph (1) of | ||||||
| 11 | subsection (a) of Section 12-9, subparagraph (H) of paragraph | ||||||
| 12 | (3) of subsection (a) of Section 24-1.6, paragraph (1) of | ||||||
| 13 | subsection (a) of Section 25-1, or subsection (a-7) of Section | ||||||
| 14 | 31-1 of the Criminal Code of 2012. | ||||||
| 15 | (b) If the chief law enforcement officer of the agency, or | ||||||
| 16 | his or her designee, certifies in writing that certain | ||||||
| 17 | information is needed for a pending investigation involving the | ||||||
| 18 | commission of a felony, that information, and information | ||||||
| 19 | identifying the juvenile, may be retained in an intelligence | ||||||
| 20 | file until the investigation is terminated or for one | ||||||
| 21 | additional year, whichever is sooner. Retention of a portion of | ||||||
| 22 | a juvenile's juvenile law enforcement record does not | ||||||
| 23 | disqualify the remainder of his or her record from immediate | ||||||
| 24 | automatic expungement. | ||||||
| 25 | (0.4) Automatic expungement for the purposes of this | ||||||
| 26 | Section shall not require law enforcement agencies to | ||||||
| |||||||
| |||||||
| 1 | obliterate or otherwise destroy juvenile law enforcement | ||||||
| 2 | records that would otherwise need to be automatically expunged | ||||||
| 3 | under this Act, except after 2 years following the subject | ||||||
| 4 | arrest for purposes of use in civil litigation against a | ||||||
| 5 | governmental entity or its law enforcement agency or personnel | ||||||
| 6 | which created, maintained, or used the records. However, these | ||||||
| 7 | juvenile law enforcement records shall be considered expunged | ||||||
| 8 | for all other purposes during this period and the offense, | ||||||
| 9 | which the records or files concern, shall be treated as if it | ||||||
| 10 | never occurred as required under Section 5-923. | ||||||
| 11 | (0.5) Subsection (0.1) or (0.2) of this Section does not | ||||||
| 12 | apply to violations of traffic, boating, fish and game laws, or | ||||||
| 13 | county or municipal ordinances. | ||||||
| 14 | (0.6) Juvenile law enforcement records of a plaintiff who | ||||||
| 15 | has filed civil litigation against the governmental entity or | ||||||
| 16 | its law enforcement agency or personnel that created, | ||||||
| 17 | maintained, or used the records, or juvenile law enforcement | ||||||
| 18 | records that contain information related to the allegations set | ||||||
| 19 | forth in the civil litigation may not be expunged until after 2 | ||||||
| 20 | years have elapsed after the conclusion of the lawsuit, | ||||||
| 21 | including any appeal. | ||||||
| 22 | (0.7) Officer-worn body camera recordings shall not be | ||||||
| 23 | automatically expunged except as otherwise authorized by the | ||||||
| 24 | Law Enforcement Officer-Worn Body Camera Act. | ||||||
| 25 | (1) Whenever a person has been arrested, charged, or | ||||||
| 26 | adjudicated delinquent for an incident occurring before his or | ||||||
| |||||||
| |||||||
| 1 | her 18th birthday that if committed by an adult would be an | ||||||
| 2 | offense, and that person's juvenile law enforcement and | ||||||
| 3 | juvenile court records are not eligible for automatic | ||||||
| 4 | expungement under subsection (0.1), (0.2), or (0.3), the
person | ||||||
| 5 | may petition the court at any time for expungement of juvenile | ||||||
| 6 | law
enforcement records and juvenile court records relating to | ||||||
| 7 | the incident and, upon termination of all juvenile
court | ||||||
| 8 | proceedings relating to that incident, the court shall order | ||||||
| 9 | the expungement of all records in the possession of the | ||||||
| 10 | Illinois Department of State Police, the clerk of the circuit | ||||||
| 11 | court, and law enforcement agencies relating to the incident, | ||||||
| 12 | but only in any of the following circumstances:
| ||||||
| 13 | (a) the minor was arrested and no petition for | ||||||
| 14 | delinquency was filed with
the clerk of the circuit court; | ||||||
| 15 | (a-5) the minor was charged with an offense and the | ||||||
| 16 | petition or petitions were dismissed without a finding of | ||||||
| 17 | delinquency;
| ||||||
| 18 | (b) the minor was charged with an offense and was found | ||||||
| 19 | not delinquent of
that offense;
| ||||||
| 20 | (c) the minor was placed under supervision under | ||||||
| 21 | Section 5-615, and
the order of
supervision has since been | ||||||
| 22 | successfully terminated; or
| ||||||
| 23 | (d)
the minor was adjudicated for an offense which | ||||||
| 24 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
| 25 | petty or business offense if committed by an adult.
| ||||||
| 26 | (1.5) The Illinois Department of State Police shall allow a | ||||||
| |||||||
| |||||||
| 1 | person to use the Access and Review process, established in the | ||||||
| 2 | Illinois Department of State Police, for verifying that his or | ||||||
| 3 | her juvenile law enforcement records relating to incidents | ||||||
| 4 | occurring before his or her 18th birthday eligible under this | ||||||
| 5 | Act have been expunged. | ||||||
| 6 | (1.6) (Blank). | ||||||
| 7 | (1.7) (Blank). | ||||||
| 8 | (1.8) (Blank). | ||||||
| 9 | (2) Any person whose delinquency adjudications are not | ||||||
| 10 | eligible for automatic expungement under subsection (0.3) of | ||||||
| 11 | this Section may petition the court to expunge all juvenile law | ||||||
| 12 | enforcement records
relating to any
incidents occurring before | ||||||
| 13 | his or her 18th birthday which did not result in
proceedings in | ||||||
| 14 | criminal court and all juvenile court records with respect to
| ||||||
| 15 | any adjudications except those based upon first degree
murder | ||||||
| 16 | or an offense under Article 11 of the Criminal Code of 2012 if | ||||||
| 17 | the person is required to register under the Sex Offender | ||||||
| 18 | Registration Act at the time he or she petitions the court for | ||||||
| 19 | expungement; provided that: (a) (blank); or (b) 2 years have | ||||||
| 20 | elapsed since all juvenile court proceedings relating to
him or | ||||||
| 21 | her have been terminated and his or her commitment to the | ||||||
| 22 | Department of
Juvenile Justice
under this Act has been | ||||||
| 23 | terminated.
| ||||||
| 24 | (2.5) If a minor is arrested and no petition for | ||||||
| 25 | delinquency is filed with the clerk of the circuit court at the | ||||||
| 26 | time the minor is released from custody, the youth officer, if | ||||||
| |||||||
| |||||||
| 1 | applicable, or other designated person from the arresting | ||||||
| 2 | agency, shall notify verbally and in writing to the minor or | ||||||
| 3 | the minor's parents or guardians that the minor shall have an | ||||||
| 4 | arrest record and shall provide the minor and the minor's | ||||||
| 5 | parents or guardians with an expungement information packet, | ||||||
| 6 | information regarding this State's expungement laws including | ||||||
| 7 | a petition to expunge juvenile law enforcement and juvenile | ||||||
| 8 | court records obtained from the clerk of the circuit court. | ||||||
| 9 | (2.6) If a minor is referred to court, then, at the time of | ||||||
| 10 | sentencing, or dismissal of the case, or successful completion | ||||||
| 11 | of supervision, the judge shall inform the delinquent minor of | ||||||
| 12 | his or her rights regarding expungement and the clerk of the | ||||||
| 13 | circuit court shall provide an expungement information packet | ||||||
| 14 | to the minor, written in plain language, including information | ||||||
| 15 | regarding this State's expungement laws and a petition for | ||||||
| 16 | expungement, a sample of a completed petition, expungement | ||||||
| 17 | instructions that shall include information informing the | ||||||
| 18 | minor that (i) once the case is expunged, it shall be treated | ||||||
| 19 | as if it never occurred, (ii) he or she may apply to have | ||||||
| 20 | petition fees waived, (iii) once he or she obtains an | ||||||
| 21 | expungement, he or she may not be required to disclose that he | ||||||
| 22 | or she had a juvenile law enforcement or juvenile court record, | ||||||
| 23 | and (iv) if petitioning he or she may file the petition on his | ||||||
| 24 | or her own or with the assistance of an attorney. The failure | ||||||
| 25 | of the judge to inform the delinquent minor of his or her right | ||||||
| 26 | to petition for expungement as provided by law does not create | ||||||
| |||||||
| |||||||
| 1 | a substantive right, nor is that failure grounds for: (i) a | ||||||
| 2 | reversal of an adjudication of delinquency; , (ii) a new trial; | ||||||
| 3 | or (iii) an appeal. | ||||||
| 4 | (2.7) (Blank). | ||||||
| 5 | (2.8) (Blank). | ||||||
| 6 | (3) (Blank).
| ||||||
| 7 | (3.1) (Blank).
| ||||||
| 8 | (3.2) (Blank). | ||||||
| 9 | (3.3) (Blank).
| ||||||
| 10 | (4) (Blank).
| ||||||
| 11 | (5) (Blank).
| ||||||
| 12 | (5.5) Whether or not expunged, records eligible for | ||||||
| 13 | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||||||
| 14 | (0.3)(a) may be treated as expunged by the individual subject | ||||||
| 15 | to the records. | ||||||
| 16 | (6) (Blank). | ||||||
| 17 | (6.5) The Illinois Department of State Police or any | ||||||
| 18 | employee of the Illinois State Police Department shall be | ||||||
| 19 | immune from civil or criminal liability for failure to expunge | ||||||
| 20 | any records of arrest that are subject to expungement under | ||||||
| 21 | this Section because of inability to verify a record. Nothing | ||||||
| 22 | in this Section shall create Illinois Department of State | ||||||
| 23 | Police liability or responsibility for the expungement of | ||||||
| 24 | juvenile law enforcement records it does not possess. | ||||||
| 25 | (7) (Blank).
| ||||||
| 26 | (7.5) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (8)(a) (Blank). (b) (Blank). (c) The expungement of | ||||||
| 2 | juvenile law enforcement or juvenile court records under | ||||||
| 3 | subsection (0.1), (0.2), or (0.3) of this Section shall be | ||||||
| 4 | funded by appropriation by the General Assembly for that | ||||||
| 5 | purpose. | ||||||
| 6 | (9) (Blank). | ||||||
| 7 | (10) (Blank). | ||||||
| 8 | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | ||||||
| 9 | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff. | ||||||
| 10 | 8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162, | ||||||
| 11 | eff. 12-20-18; revised 7-16-19.)
| ||||||
| 12 | Section 980. The Criminal Code of 2012 is amended by | ||||||
| 13 | changing Sections 3-7, 12-38, 12C-15, 14-3, 17-6.3, 24-1, | ||||||
| 14 | 24-1.1, 24-3, 24-3B, 24-6, 24-8, 24.8-5, 28-5, 29B-0.5, 29B-3, | ||||||
| 15 | 29B-4, 29B-12, 29B-20, 29B-25, 29B-26, 32-2, 32-8, 33-2, | ||||||
| 16 | 33-3.1, 33-3.2, 36-1.1, 36-1.3, 36-2.2, and 36-7 as follows:
| ||||||
| 17 | (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
| ||||||
| 18 | Sec. 3-7. Periods
excluded from limitation. | ||||||
| 19 | (a) The period within which a prosecution must be commenced | ||||||
| 20 | does not include
any period in which:
| ||||||
| 21 | (1) the defendant is not usually and publicly resident | ||||||
| 22 | within this
State; or
| ||||||
| 23 | (2) the defendant is a public officer and the offense | ||||||
| 24 | charged is theft
of public funds while in public office; or
| ||||||
| |||||||
| |||||||
| 1 | (3) a prosecution is pending against the defendant for | ||||||
| 2 | the same conduct,
even if the indictment or information | ||||||
| 3 | which commences the prosecution is
quashed or the | ||||||
| 4 | proceedings thereon are set aside, or are reversed on
| ||||||
| 5 | appeal; or
| ||||||
| 6 | (4) a proceeding or an appeal from a proceeding | ||||||
| 7 | relating
to the quashing or enforcement of a Grand Jury | ||||||
| 8 | subpoena issued in connection
with an investigation of a | ||||||
| 9 | violation of a criminal law of this State is
pending. | ||||||
| 10 | However, the period within which a prosecution must be | ||||||
| 11 | commenced
includes any period in which the State brings a | ||||||
| 12 | proceeding or an appeal from a
proceeding specified in this | ||||||
| 13 | paragraph (4); or
| ||||||
| 14 | (5) a material witness is placed on active military | ||||||
| 15 | duty or leave. In
this paragraph (5), "material witness" | ||||||
| 16 | includes, but is not limited to, the
arresting officer, | ||||||
| 17 | occurrence witness, or the alleged victim of the offense; | ||||||
| 18 | or | ||||||
| 19 | (6) the victim of unlawful force or threat of imminent | ||||||
| 20 | bodily harm to obtain information or a
confession is | ||||||
| 21 | incarcerated, and the victim's incarceration, in whole or | ||||||
| 22 | in part, is a consequence of the unlawful force or
threats; | ||||||
| 23 | or | ||||||
| 24 | (7) the sexual assault evidence is collected and | ||||||
| 25 | submitted to the Illinois Department of State Police until | ||||||
| 26 | the completion of the analysis of the submitted evidence.
| ||||||
| |||||||
| |||||||
| 1 | (a-5) The prosecution shall not be required to prove at | ||||||
| 2 | trial facts establishing periods excluded from the general | ||||||
| 3 | limitations in Section 3-5 of this Code when the facts | ||||||
| 4 | supporting periods being excluded from the general limitations | ||||||
| 5 | are properly pled in the charging document. Any challenge | ||||||
| 6 | relating to periods of exclusion as defined in this Section | ||||||
| 7 | shall be exclusively conducted under Section 114-1 of the Code | ||||||
| 8 | of Criminal Procedure of 1963. | ||||||
| 9 | (b) For the purposes of this Section: | ||||||
| 10 | "Completion of the analysis of the submitted evidence" | ||||||
| 11 | means analysis of the collected evidence and conducting of | ||||||
| 12 | laboratory
tests and the comparison of the collected | ||||||
| 13 | evidence with the genetic marker grouping analysis | ||||||
| 14 | information maintained by the Illinois Department of State | ||||||
| 15 | Police under Section 5-4-3 of the Unified Code of | ||||||
| 16 | Corrections and with the information contained in the | ||||||
| 17 | Federal Bureau of Investigation's National DNA database. | ||||||
| 18 | "Sexual assault" has the meaning ascribed to it in | ||||||
| 19 | Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 20 | Treatment Act. | ||||||
| 21 | "Sexual assault evidence" has the meaning ascribed to | ||||||
| 22 | it in Section 5 of the Sexual Assault Evidence Submission | ||||||
| 23 | Act. | ||||||
| 24 | (Source: P.A. 99-252, eff. 1-1-16; 100-434, eff. 1-1-18.)
| ||||||
| 25 | (720 ILCS 5/12-38) | ||||||
| |||||||
| |||||||
| 1 | Sec. 12-38. Restrictions on purchase or acquisition of | ||||||
| 2 | corrosive or caustic acid. | ||||||
| 3 | (a) A person seeking to purchase a substance which is | ||||||
| 4 | regulated by Title 16 CFR Section 1500.129 of the Federal | ||||||
| 5 | Caustic Poison Act and is required to contain the words "causes | ||||||
| 6 | severe burns" as the affirmative statement of principal hazard | ||||||
| 7 | on its label, must prior to taking possession: | ||||||
| 8 | (1) provide a valid driver's license or other | ||||||
| 9 | government-issued identification showing the person's | ||||||
| 10 | name, date of birth, and photograph; and | ||||||
| 11 | (2) sign a log documenting the name and address of the | ||||||
| 12 | person, date and time of the transaction, and the brand, | ||||||
| 13 | product name and net weight of the item. | ||||||
| 14 | (b) Exemption. The requirements of subsection (a) do not | ||||||
| 15 | apply to batteries or household products. For the purposes of | ||||||
| 16 | this Section, "household product" means any product which is | ||||||
| 17 | customarily produced or distributed for sale for consumption or | ||||||
| 18 | use, or customarily stored, by individuals in or about the | ||||||
| 19 | household, including, but not limited to, products which are | ||||||
| 20 | customarily produced and distributed for use in or about a | ||||||
| 21 | household as a cleaning agent, drain cleaner, pesticide, epoxy, | ||||||
| 22 | paint, stain, or similar substance. | ||||||
| 23 | (c) Rules and Regulations. The Illinois Department of State | ||||||
| 24 | Police shall have the authority to promulgate rules for the | ||||||
| 25 | implementation and enforcement of this Section. | ||||||
| 26 | (d) Sentence. Any violation of this Section is a business | ||||||
| |||||||
| |||||||
| 1 | offense for which a fine not exceeding $150 for the first | ||||||
| 2 | violation, $500 for the second violation, or $1,500 for the | ||||||
| 3 | third and subsequent violations within a 12-month period shall | ||||||
| 4 | be imposed. | ||||||
| 5 | (e) Preemption. The regulation of the purchase or | ||||||
| 6 | acquisition, or both, of a caustic or corrosive substance and | ||||||
| 7 | any registry regarding the sale or possession, or both, of a | ||||||
| 8 | caustic or corrosive substance is an exclusive power and | ||||||
| 9 | function of the State. A home rule unit may not regulate the | ||||||
| 10 | purchase or acquisition of caustic or corrosive substances and | ||||||
| 11 | any ordinance or local law contrary to this Section is declared | ||||||
| 12 | void. This is a denial and limitation of home rule powers and | ||||||
| 13 | functions under subsection (h) of Section 6 of Article VII of | ||||||
| 14 | the Illinois Constitution.
| ||||||
| 15 | (Source: P.A. 97-565, eff. 1-1-12; 97-929, eff. 8-10-12.)
| ||||||
| 16 | (720 ILCS 5/12C-15)
(was 720 ILCS 5/12-22)
| ||||||
| 17 | Sec. 12C-15. Child abandonment or endangerment; probation.
| ||||||
| 18 | (a) Whenever a parent of a child as determined by the court | ||||||
| 19 | on the facts
before it, pleads guilty to or is found guilty of, | ||||||
| 20 | with respect to his or her
child, child abandonment under | ||||||
| 21 | Section 12C-10 of this Article or
endangering the life or | ||||||
| 22 | health of a child under Section 12C-5 of this Article, the | ||||||
| 23 | court may, without entering a judgment of guilt and with the
| ||||||
| 24 | consent of the person, defer further proceedings and place the | ||||||
| 25 | person upon
probation upon the reasonable terms and conditions | ||||||
| |||||||
| |||||||
| 1 | as the court may require.
At least one term of the probation | ||||||
| 2 | shall require the person to cooperate with
the Department of | ||||||
| 3 | Children and Family Services at the times and in the programs
| ||||||
| 4 | that the Department of Children and Family Services may | ||||||
| 5 | require.
| ||||||
| 6 | (b) Upon fulfillment of the terms and conditions imposed | ||||||
| 7 | under subsection
(a), the court shall discharge the person and | ||||||
| 8 | dismiss the proceedings.
Discharge and dismissal under this | ||||||
| 9 | Section shall be without court adjudication
of guilt and shall | ||||||
| 10 | not be considered a conviction for purposes of
disqualification | ||||||
| 11 | or disabilities imposed by law upon conviction of a crime.
| ||||||
| 12 | However, a record of the disposition shall be reported by the | ||||||
| 13 | clerk of the
circuit court to the Illinois Department of State | ||||||
| 14 | Police under Section 2.1 of the
Criminal Identification Act, | ||||||
| 15 | and the record shall be maintained and provided to
any civil | ||||||
| 16 | authority in connection with a determination of whether the | ||||||
| 17 | person is
an acceptable candidate for the care, custody and | ||||||
| 18 | supervision of children.
| ||||||
| 19 | (c) Discharge and dismissal under this Section may occur | ||||||
| 20 | only once.
| ||||||
| 21 | (d) Probation under this Section may not be for a period of | ||||||
| 22 | less than 2
years.
| ||||||
| 23 | (e) If the child dies of the injuries alleged, this Section | ||||||
| 24 | shall be
inapplicable.
| ||||||
| 25 | (Source: P.A. 97-1109, eff. 1-1-13.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/14-3) | ||||||
| 2 | Sec. 14-3. Exemptions. The following activities shall be
| ||||||
| 3 | exempt from the provisions of this Article: | ||||||
| 4 | (a) Listening to radio, wireless electronic | ||||||
| 5 | communications, and television communications of
any sort | ||||||
| 6 | where the same are publicly made; | ||||||
| 7 | (b) Hearing conversation when heard by employees of any | ||||||
| 8 | common
carrier by wire incidental to the normal course of | ||||||
| 9 | their employment in
the operation, maintenance or repair of | ||||||
| 10 | the equipment of such common
carrier by wire so long as no | ||||||
| 11 | information obtained thereby is used or
divulged by the | ||||||
| 12 | hearer; | ||||||
| 13 | (c) Any broadcast by radio, television or otherwise | ||||||
| 14 | whether it be a
broadcast or recorded for the purpose of | ||||||
| 15 | later broadcasts of any
function where the public is in | ||||||
| 16 | attendance and the conversations are
overheard incidental | ||||||
| 17 | to the main purpose for which such broadcasts are
then | ||||||
| 18 | being made; | ||||||
| 19 | (d) Recording or listening with the aid of any device | ||||||
| 20 | to any
emergency communication made in the normal course of | ||||||
| 21 | operations by any
federal, state or local law enforcement | ||||||
| 22 | agency or institutions dealing
in emergency services, | ||||||
| 23 | including, but not limited to, hospitals,
clinics, | ||||||
| 24 | ambulance services, fire fighting agencies, any public | ||||||
| 25 | utility,
emergency repair facility, civilian defense | ||||||
| 26 | establishment or military
installation; | ||||||
| |||||||
| |||||||
| 1 | (e) Recording the proceedings of any meeting required | ||||||
| 2 | to be open by
the Open Meetings Act, as amended; | ||||||
| 3 | (f) Recording or listening with the aid of any device | ||||||
| 4 | to incoming
telephone calls of phone lines publicly listed | ||||||
| 5 | or advertised as consumer
"hotlines" by manufacturers or | ||||||
| 6 | retailers of food and drug products. Such
recordings must | ||||||
| 7 | be destroyed, erased or turned over to local law
| ||||||
| 8 | enforcement authorities within 24 hours from the time of | ||||||
| 9 | such recording and
shall not be otherwise disseminated. | ||||||
| 10 | Failure on the part of the individual
or business operating | ||||||
| 11 | any such recording or listening device to comply with
the | ||||||
| 12 | requirements of this subsection shall eliminate any civil | ||||||
| 13 | or criminal
immunity conferred upon that individual or | ||||||
| 14 | business by the operation of
this Section; | ||||||
| 15 | (g) With prior notification to the State's Attorney of | ||||||
| 16 | the
county in which
it is to occur, recording or listening | ||||||
| 17 | with the aid of any device to any
conversation
where a law | ||||||
| 18 | enforcement officer, or any person acting at the direction | ||||||
| 19 | of law
enforcement, is a party to the conversation and has | ||||||
| 20 | consented to it being
intercepted or recorded under | ||||||
| 21 | circumstances where the use of the device is
necessary for | ||||||
| 22 | the protection of the law enforcement officer or any person
| ||||||
| 23 | acting at the direction of law enforcement, in the course | ||||||
| 24 | of an
investigation
of a forcible felony, a felony offense | ||||||
| 25 | of involuntary servitude, involuntary sexual servitude of | ||||||
| 26 | a minor, or trafficking in persons under Section 10-9 of | ||||||
| |||||||
| |||||||
| 1 | this Code, an offense involving prostitution, solicitation | ||||||
| 2 | of a sexual act, or pandering, a felony violation of the | ||||||
| 3 | Illinois Controlled Substances
Act, a felony violation of | ||||||
| 4 | the Cannabis Control Act, a felony violation of the | ||||||
| 5 | Methamphetamine Control and Community Protection Act, any | ||||||
| 6 | "streetgang
related" or "gang-related" felony as those | ||||||
| 7 | terms are defined in the Illinois
Streetgang Terrorism | ||||||
| 8 | Omnibus Prevention Act, or any felony offense involving any | ||||||
| 9 | weapon listed in paragraphs (1) through (11) of subsection | ||||||
| 10 | (a) of Section 24-1 of this Code.
Any recording or evidence | ||||||
| 11 | derived
as the
result of this exemption shall be | ||||||
| 12 | inadmissible in any proceeding, criminal,
civil or
| ||||||
| 13 | administrative, except (i) where a party to the | ||||||
| 14 | conversation suffers great
bodily injury or is killed | ||||||
| 15 | during such conversation, or
(ii)
when used as direct | ||||||
| 16 | impeachment of a witness concerning matters contained in
| ||||||
| 17 | the interception or recording. The Director of the Illinois
| ||||||
| 18 | Department of State Police shall issue regulations as are | ||||||
| 19 | necessary concerning the use of
devices, retention of tape | ||||||
| 20 | recordings, and reports regarding their
use; | ||||||
| 21 | (g-5) (Blank); | ||||||
| 22 | (g-6) With approval of the State's Attorney of the | ||||||
| 23 | county in which it is to occur, recording or listening with | ||||||
| 24 | the aid of any device to any conversation where a law | ||||||
| 25 | enforcement officer, or any person acting at the direction | ||||||
| 26 | of law enforcement, is a party to the conversation and has | ||||||
| |||||||
| |||||||
| 1 | consented to it being intercepted or recorded in the course | ||||||
| 2 | of an investigation of child pornography, aggravated child | ||||||
| 3 | pornography, indecent solicitation of a child, luring of a | ||||||
| 4 | minor, sexual exploitation of a child, aggravated criminal | ||||||
| 5 | sexual abuse in which the victim of the offense was at the | ||||||
| 6 | time of the commission of the offense under 18 years of | ||||||
| 7 | age, or criminal sexual abuse by force or threat of force | ||||||
| 8 | in which the victim of the offense was at the time of the | ||||||
| 9 | commission of the offense under 18 years of age. In all | ||||||
| 10 | such cases, an application for an order approving the | ||||||
| 11 | previous or continuing use of an eavesdropping device must | ||||||
| 12 | be made within 48 hours of the commencement of such use. In | ||||||
| 13 | the absence of such an order, or upon its denial, any | ||||||
| 14 | continuing use shall immediately terminate. The Director | ||||||
| 15 | of the Illinois State Police shall issue rules as are | ||||||
| 16 | necessary concerning the use of devices, retention of | ||||||
| 17 | recordings, and reports regarding their use.
Any recording | ||||||
| 18 | or evidence obtained or derived in the course of an | ||||||
| 19 | investigation of child pornography, aggravated child | ||||||
| 20 | pornography, indecent solicitation of a child, luring of a | ||||||
| 21 | minor, sexual exploitation of a child, aggravated criminal | ||||||
| 22 | sexual abuse in which the victim of the offense was at the | ||||||
| 23 | time of the commission of the offense under 18 years of | ||||||
| 24 | age, or criminal sexual abuse by force or threat of force | ||||||
| 25 | in which the victim of the offense was at the time of the | ||||||
| 26 | commission of the offense under 18 years of age shall, upon | ||||||
| |||||||
| |||||||
| 1 | motion of the State's Attorney or Attorney General | ||||||
| 2 | prosecuting any case involving child pornography, | ||||||
| 3 | aggravated child pornography, indecent solicitation of a | ||||||
| 4 | child, luring of a minor, sexual exploitation of a child, | ||||||
| 5 | aggravated criminal sexual abuse in which the victim of the | ||||||
| 6 | offense was at the time of the commission of the offense | ||||||
| 7 | under 18 years of age, or criminal sexual abuse by force or | ||||||
| 8 | threat of force in which the victim of the offense was at | ||||||
| 9 | the time of the commission of the offense under 18 years of | ||||||
| 10 | age be reviewed in camera with notice to all parties | ||||||
| 11 | present by the court presiding over the criminal case, and, | ||||||
| 12 | if ruled by the court to be relevant and otherwise | ||||||
| 13 | admissible, it shall be admissible at the trial of the | ||||||
| 14 | criminal case. Absent such a ruling, any such recording or | ||||||
| 15 | evidence shall not be admissible at the trial of the | ||||||
| 16 | criminal case; | ||||||
| 17 | (h) Recordings made simultaneously with the use of an | ||||||
| 18 | in-car video camera recording of an oral
conversation | ||||||
| 19 | between a uniformed peace officer, who has identified his | ||||||
| 20 | or her office, and
a person in the presence of the peace | ||||||
| 21 | officer whenever (i) an officer assigned a patrol vehicle | ||||||
| 22 | is conducting an enforcement stop; or (ii) patrol vehicle | ||||||
| 23 | emergency lights are activated or would otherwise be | ||||||
| 24 | activated if not for the need to conceal the presence of | ||||||
| 25 | law enforcement. | ||||||
| 26 | For the purposes of this subsection (h), "enforcement | ||||||
| |||||||
| |||||||
| 1 | stop" means an action by a law enforcement officer in | ||||||
| 2 | relation to enforcement and investigation duties, | ||||||
| 3 | including but not limited to, traffic stops, pedestrian | ||||||
| 4 | stops, abandoned vehicle contacts, motorist assists, | ||||||
| 5 | commercial motor vehicle stops, roadside safety checks, | ||||||
| 6 | requests for identification, or responses to requests for | ||||||
| 7 | emergency assistance; | ||||||
| 8 | (h-5) Recordings of utterances made by a person while | ||||||
| 9 | in the presence of a uniformed peace officer and while an | ||||||
| 10 | occupant of a police vehicle including, but not limited to, | ||||||
| 11 | (i) recordings made simultaneously with the use of an | ||||||
| 12 | in-car video camera and (ii) recordings made in the | ||||||
| 13 | presence of the peace officer utilizing video or audio | ||||||
| 14 | systems, or both, authorized by the law enforcement agency; | ||||||
| 15 | (h-10) Recordings made simultaneously with a video | ||||||
| 16 | camera recording during
the use of a taser or similar | ||||||
| 17 | weapon or device by a peace officer if the weapon or device | ||||||
| 18 | is equipped with such camera; | ||||||
| 19 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
| 20 | (h-10) shall be retained by the law enforcement agency that | ||||||
| 21 | employs the peace officer who made the recordings for a | ||||||
| 22 | storage period of 90 days, unless the recordings are made | ||||||
| 23 | as a part of an arrest or the recordings are deemed | ||||||
| 24 | evidence in any criminal, civil, or administrative | ||||||
| 25 | proceeding and then the recordings must only be destroyed | ||||||
| 26 | upon a final disposition and an order from the court. Under | ||||||
| |||||||
| |||||||
| 1 | no circumstances shall any recording be altered or erased | ||||||
| 2 | prior to the expiration of the designated storage period. | ||||||
| 3 | Upon completion of the storage period, the recording medium | ||||||
| 4 | may be erased and reissued for operational use; | ||||||
| 5 | (i) Recording of a conversation made by or at the | ||||||
| 6 | request of a person, not a
law enforcement officer or agent | ||||||
| 7 | of a law enforcement officer, who is a party
to the | ||||||
| 8 | conversation, under reasonable suspicion that another | ||||||
| 9 | party to the
conversation is committing, is about to | ||||||
| 10 | commit, or has committed a criminal
offense against the | ||||||
| 11 | person or a member of his or her immediate household, and
| ||||||
| 12 | there is reason to believe that evidence of the criminal | ||||||
| 13 | offense may be
obtained by the recording; | ||||||
| 14 | (j) The use of a telephone monitoring device by either | ||||||
| 15 | (1) a
corporation or other business entity engaged in | ||||||
| 16 | marketing or opinion research
or (2) a corporation or other | ||||||
| 17 | business entity engaged in telephone
solicitation, as
| ||||||
| 18 | defined in this subsection, to record or listen to oral | ||||||
| 19 | telephone solicitation
conversations or marketing or | ||||||
| 20 | opinion research conversations by an employee of
the | ||||||
| 21 | corporation or other business entity when: | ||||||
| 22 | (i) the monitoring is used for the purpose of | ||||||
| 23 | service quality control of
marketing or opinion | ||||||
| 24 | research or telephone solicitation, the education or
| ||||||
| 25 | training of employees or contractors
engaged in | ||||||
| 26 | marketing or opinion research or telephone | ||||||
| |||||||
| |||||||
| 1 | solicitation, or internal
research related to | ||||||
| 2 | marketing or
opinion research or telephone
| ||||||
| 3 | solicitation; and | ||||||
| 4 | (ii) the monitoring is used with the consent of at | ||||||
| 5 | least one person who
is an active party to the | ||||||
| 6 | marketing or opinion research conversation or
| ||||||
| 7 | telephone solicitation conversation being
monitored. | ||||||
| 8 | No communication or conversation or any part, portion, | ||||||
| 9 | or aspect of the
communication or conversation made, | ||||||
| 10 | acquired, or obtained, directly or
indirectly,
under this | ||||||
| 11 | exemption (j), may be, directly or indirectly, furnished to | ||||||
| 12 | any law
enforcement officer, agency, or official for any | ||||||
| 13 | purpose or used in any inquiry
or investigation, or used, | ||||||
| 14 | directly or indirectly, in any administrative,
judicial, | ||||||
| 15 | or other proceeding, or divulged to any third party. | ||||||
| 16 | When recording or listening authorized by this | ||||||
| 17 | subsection (j) on telephone
lines used for marketing or | ||||||
| 18 | opinion research or telephone solicitation purposes
| ||||||
| 19 | results in recording or
listening to a conversation that | ||||||
| 20 | does not relate to marketing or opinion
research or | ||||||
| 21 | telephone solicitation; the
person recording or listening | ||||||
| 22 | shall, immediately upon determining that the
conversation | ||||||
| 23 | does not relate to marketing or opinion research or | ||||||
| 24 | telephone
solicitation, terminate the recording
or | ||||||
| 25 | listening and destroy any such recording as soon as is | ||||||
| 26 | practicable. | ||||||
| |||||||
| |||||||
| 1 | Business entities that use a telephone monitoring or | ||||||
| 2 | telephone recording
system pursuant to this exemption (j) | ||||||
| 3 | shall provide current and prospective
employees with | ||||||
| 4 | notice that the monitoring or recordings may occur during | ||||||
| 5 | the
course of their employment. The notice shall include | ||||||
| 6 | prominent signage
notification within the workplace. | ||||||
| 7 | Business entities that use a telephone monitoring or | ||||||
| 8 | telephone recording
system pursuant to this exemption (j) | ||||||
| 9 | shall provide their employees or agents
with access to | ||||||
| 10 | personal-only telephone lines which may be pay telephones, | ||||||
| 11 | that
are not subject to telephone monitoring or telephone | ||||||
| 12 | recording. | ||||||
| 13 | For the purposes of this subsection (j), "telephone | ||||||
| 14 | solicitation" means a
communication through the use of a | ||||||
| 15 | telephone by live operators: | ||||||
| 16 | (i) soliciting the sale of goods or services; | ||||||
| 17 | (ii) receiving orders for the sale of goods or | ||||||
| 18 | services; | ||||||
| 19 | (iii) assisting in the use of goods or services; or | ||||||
| 20 | (iv) engaging in the solicitation, administration, | ||||||
| 21 | or collection of bank
or
retail credit accounts. | ||||||
| 22 | For the purposes of this subsection (j), "marketing or | ||||||
| 23 | opinion research"
means
a marketing or opinion research | ||||||
| 24 | interview conducted by a live telephone
interviewer | ||||||
| 25 | engaged by a corporation or other business entity whose | ||||||
| 26 | principal
business is the design, conduct, and analysis of | ||||||
| |||||||
| |||||||
| 1 | polls and surveys measuring
the
opinions, attitudes, and | ||||||
| 2 | responses of respondents toward products and services,
or | ||||||
| 3 | social or political issues, or both; | ||||||
| 4 | (k) Electronic recordings, including but not limited | ||||||
| 5 | to, a motion picture,
videotape, digital, or other visual | ||||||
| 6 | or audio recording, made of a custodial
interrogation of an | ||||||
| 7 | individual at a police station or other place of detention
| ||||||
| 8 | by a law enforcement officer under Section 5-401.5 of the | ||||||
| 9 | Juvenile Court Act of
1987 or Section 103-2.1 of the Code | ||||||
| 10 | of Criminal Procedure of 1963; | ||||||
| 11 | (l) Recording the interview or statement of any person | ||||||
| 12 | when the person
knows that the interview is being conducted | ||||||
| 13 | by a law enforcement officer or
prosecutor and the | ||||||
| 14 | interview takes place at a police station that is currently
| ||||||
| 15 | participating in the Custodial Interview Pilot Program | ||||||
| 16 | established under the
Illinois Criminal Justice | ||||||
| 17 | Information Act; | ||||||
| 18 | (m) An electronic recording, including but not limited | ||||||
| 19 | to, a motion picture,
videotape, digital, or other visual | ||||||
| 20 | or audio recording, made of the interior of a school bus | ||||||
| 21 | while the school bus is being used in the transportation of | ||||||
| 22 | students to and from school and school-sponsored | ||||||
| 23 | activities, when the school board has adopted a policy | ||||||
| 24 | authorizing such recording, notice of such recording | ||||||
| 25 | policy is included in student handbooks and other documents | ||||||
| 26 | including the policies of the school, notice of the policy | ||||||
| |||||||
| |||||||
| 1 | regarding recording is provided to parents of students, and | ||||||
| 2 | notice of such recording is clearly posted on the door of | ||||||
| 3 | and inside the school bus.
| ||||||
| 4 | Recordings made pursuant to this subsection (m) shall | ||||||
| 5 | be confidential records and may only be used by school | ||||||
| 6 | officials (or their designees) and law enforcement | ||||||
| 7 | personnel for investigations, school disciplinary actions | ||||||
| 8 | and hearings, proceedings under the Juvenile Court Act of | ||||||
| 9 | 1987, and criminal prosecutions, related to incidents | ||||||
| 10 | occurring in or around the school bus; | ||||||
| 11 | (n)
Recording or listening to an audio transmission | ||||||
| 12 | from a microphone placed by a person under the authority of | ||||||
| 13 | a law enforcement agency inside a bait car surveillance | ||||||
| 14 | vehicle while simultaneously capturing a photographic or | ||||||
| 15 | video image; | ||||||
| 16 | (o) The use of an eavesdropping camera or audio device | ||||||
| 17 | during an ongoing hostage or barricade situation by a law | ||||||
| 18 | enforcement officer or individual acting on behalf of a law | ||||||
| 19 | enforcement officer when the use of such device is | ||||||
| 20 | necessary to protect the safety of the general public, | ||||||
| 21 | hostages, or law enforcement officers or anyone acting on | ||||||
| 22 | their behalf; | ||||||
| 23 | (p) Recording or listening with the aid of any device | ||||||
| 24 | to incoming telephone calls of phone lines publicly listed | ||||||
| 25 | or advertised as the "CPS Violence Prevention Hotline", but | ||||||
| 26 | only where the notice of recording is given at the | ||||||
| |||||||
| |||||||
| 1 | beginning of each call as required by Section 34-21.8 of | ||||||
| 2 | the School Code. The recordings may be retained only by the | ||||||
| 3 | Chicago Police Department or other law enforcement | ||||||
| 4 | authorities, and shall not be otherwise retained or | ||||||
| 5 | disseminated; | ||||||
| 6 | (q)(1) With prior request to and written or verbal | ||||||
| 7 | approval of the State's Attorney of the county in which the | ||||||
| 8 | conversation is anticipated to occur, recording or | ||||||
| 9 | listening with the aid of an eavesdropping device to a | ||||||
| 10 | conversation in which a law enforcement officer, or any | ||||||
| 11 | person acting at the direction of a law enforcement | ||||||
| 12 | officer, is a party to the conversation and has consented | ||||||
| 13 | to the conversation being intercepted or recorded in the | ||||||
| 14 | course of an investigation of a qualified offense. The | ||||||
| 15 | State's Attorney may grant this approval only after | ||||||
| 16 | determining that reasonable cause exists to believe that | ||||||
| 17 | inculpatory conversations concerning a qualified offense | ||||||
| 18 | will occur with a specified individual or individuals | ||||||
| 19 | within a designated period of time. | ||||||
| 20 | (2) Request for approval. To invoke the exception | ||||||
| 21 | contained in this subsection (q), a law enforcement officer | ||||||
| 22 | shall make a request for approval to the appropriate | ||||||
| 23 | State's Attorney. The request may be written or verbal; | ||||||
| 24 | however, a written memorialization of the request must be | ||||||
| 25 | made by the State's Attorney. This request for approval | ||||||
| 26 | shall include whatever information is deemed necessary by | ||||||
| |||||||
| |||||||
| 1 | the State's Attorney but shall include, at a minimum, the | ||||||
| 2 | following information about each specified individual whom | ||||||
| 3 | the law enforcement officer believes will commit a | ||||||
| 4 | qualified offense: | ||||||
| 5 | (A) his or her full or partial name, nickname or | ||||||
| 6 | alias; | ||||||
| 7 | (B) a physical description; or | ||||||
| 8 | (C) failing either (A) or (B) of this paragraph | ||||||
| 9 | (2), any other supporting information known to the law | ||||||
| 10 | enforcement officer at the time of the request that | ||||||
| 11 | gives rise to reasonable cause to believe that the | ||||||
| 12 | specified individual will participate in an | ||||||
| 13 | inculpatory conversation concerning a qualified | ||||||
| 14 | offense. | ||||||
| 15 | (3) Limitations on approval. Each written approval by | ||||||
| 16 | the State's Attorney under this subsection (q) shall be | ||||||
| 17 | limited to: | ||||||
| 18 | (A) a recording or interception conducted by a | ||||||
| 19 | specified law enforcement officer or person acting at | ||||||
| 20 | the direction of a law enforcement officer; | ||||||
| 21 | (B) recording or intercepting conversations with | ||||||
| 22 | the individuals specified in the request for approval, | ||||||
| 23 | provided that the verbal approval shall be deemed to | ||||||
| 24 | include the recording or intercepting of conversations | ||||||
| 25 | with other individuals, unknown to the law enforcement | ||||||
| 26 | officer at the time of the request for approval, who | ||||||
| |||||||
| |||||||
| 1 | are acting in conjunction with or as co-conspirators | ||||||
| 2 | with the individuals specified in the request for | ||||||
| 3 | approval in the commission of a qualified offense; | ||||||
| 4 | (C) a reasonable period of time but in no event | ||||||
| 5 | longer than 24 consecutive hours; | ||||||
| 6 | (D) the written request for approval, if | ||||||
| 7 | applicable, or the written memorialization must be | ||||||
| 8 | filed, along with the written approval, with the | ||||||
| 9 | circuit clerk of the jurisdiction on the next business | ||||||
| 10 | day following the expiration of the authorized period | ||||||
| 11 | of time, and shall be subject to review by the Chief | ||||||
| 12 | Judge or his or her designee as deemed appropriate by | ||||||
| 13 | the court. | ||||||
| 14 | (3.5) The written memorialization of the request for | ||||||
| 15 | approval and the written approval by the State's Attorney | ||||||
| 16 | may be in any format, including via facsimile, email, or | ||||||
| 17 | otherwise, so long as it is capable of being filed with the | ||||||
| 18 | circuit clerk. | ||||||
| 19 | (3.10) Beginning March 1, 2015, each State's Attorney | ||||||
| 20 | shall annually submit a report to the General Assembly | ||||||
| 21 | disclosing: | ||||||
| 22 | (A) the number of requests for each qualified | ||||||
| 23 | offense for approval under this subsection; and | ||||||
| 24 | (B) the number of approvals for each qualified | ||||||
| 25 | offense given by the State's Attorney. | ||||||
| 26 | (4) Admissibility of evidence. No part of the contents | ||||||
| |||||||
| |||||||
| 1 | of any wire, electronic, or oral communication that has | ||||||
| 2 | been recorded or intercepted as a result of this exception | ||||||
| 3 | may be received in evidence in any trial, hearing, or other | ||||||
| 4 | proceeding in or before any court, grand jury, department, | ||||||
| 5 | officer, agency, regulatory body, legislative committee, | ||||||
| 6 | or other authority of this State, or a political | ||||||
| 7 | subdivision of the State, other than in a prosecution of: | ||||||
| 8 | (A) the qualified offense for which approval was | ||||||
| 9 | given to record or intercept a conversation under this | ||||||
| 10 | subsection (q); | ||||||
| 11 | (B) a forcible felony committed directly in the | ||||||
| 12 | course of the investigation of the qualified offense | ||||||
| 13 | for which approval was given to record or intercept a | ||||||
| 14 | conversation under this subsection (q); or | ||||||
| 15 | (C) any other forcible felony committed while the | ||||||
| 16 | recording or interception was approved in accordance | ||||||
| 17 | with this subsection (q), but for this specific | ||||||
| 18 | category of prosecutions, only if the law enforcement | ||||||
| 19 | officer or person acting at the direction of a law | ||||||
| 20 | enforcement officer who has consented to the | ||||||
| 21 | conversation being intercepted or recorded suffers | ||||||
| 22 | great bodily injury or is killed during the commission | ||||||
| 23 | of the charged forcible felony. | ||||||
| 24 | (5) Compliance with the provisions of this subsection | ||||||
| 25 | is a prerequisite to the admissibility in evidence of any | ||||||
| 26 | part of the contents of any wire, electronic or oral | ||||||
| |||||||
| |||||||
| 1 | communication that has been intercepted as a result of this | ||||||
| 2 | exception, but nothing in this subsection shall be deemed | ||||||
| 3 | to prevent a court from otherwise excluding the evidence on | ||||||
| 4 | any other ground recognized by State or federal law, nor | ||||||
| 5 | shall anything in this subsection be deemed to prevent a | ||||||
| 6 | court from independently reviewing the admissibility of | ||||||
| 7 | the evidence for compliance with the Fourth Amendment to | ||||||
| 8 | the U.S. Constitution or with Article I, Section 6 of the | ||||||
| 9 | Illinois Constitution. | ||||||
| 10 | (6) Use of recordings or intercepts unrelated to | ||||||
| 11 | qualified offenses. Whenever any private conversation or | ||||||
| 12 | private electronic communication has been recorded or | ||||||
| 13 | intercepted as a result of this exception that is not | ||||||
| 14 | related to an offense for which the recording or intercept | ||||||
| 15 | is admissible under paragraph (4) of this subsection (q), | ||||||
| 16 | no part of the contents of the communication and evidence | ||||||
| 17 | derived from the communication may be received in evidence | ||||||
| 18 | in any trial, hearing, or other proceeding in or before any | ||||||
| 19 | court, grand jury, department, officer, agency, regulatory | ||||||
| 20 | body, legislative committee, or other authority of this | ||||||
| 21 | State, or a political subdivision of the State, nor may it | ||||||
| 22 | be publicly disclosed in any way. | ||||||
| 23 | (6.5) The Illinois Department of State Police shall | ||||||
| 24 | adopt rules as are necessary concerning the use of devices, | ||||||
| 25 | retention of recordings, and reports regarding their use | ||||||
| 26 | under this subsection (q). | ||||||
| |||||||
| |||||||
| 1 | (7) Definitions. For the purposes of this subsection | ||||||
| 2 | (q) only: | ||||||
| 3 | "Forcible felony" includes and is limited to those | ||||||
| 4 | offenses contained in Section 2-8 of the Criminal Code | ||||||
| 5 | of 1961 as of the effective date of this amendatory Act | ||||||
| 6 | of the 97th General Assembly, and only as those | ||||||
| 7 | offenses have been defined by law or judicial | ||||||
| 8 | interpretation as of that date. | ||||||
| 9 | "Qualified offense" means and is limited to: | ||||||
| 10 | (A) a felony violation of the Cannabis Control | ||||||
| 11 | Act, the Illinois Controlled Substances Act, or | ||||||
| 12 | the Methamphetamine Control and Community | ||||||
| 13 | Protection Act, except for violations of: | ||||||
| 14 | (i) Section 4 of the Cannabis Control Act; | ||||||
| 15 | (ii) Section 402 of the Illinois | ||||||
| 16 | Controlled Substances Act; and | ||||||
| 17 | (iii) Section 60 of the Methamphetamine | ||||||
| 18 | Control and Community Protection Act; and | ||||||
| 19 | (B) first degree murder, solicitation of | ||||||
| 20 | murder for hire, predatory criminal sexual assault | ||||||
| 21 | of a child, criminal sexual assault, aggravated | ||||||
| 22 | criminal sexual assault, aggravated arson, | ||||||
| 23 | kidnapping, aggravated kidnapping, child | ||||||
| 24 | abduction, trafficking in persons, involuntary | ||||||
| 25 | servitude, involuntary sexual servitude of a | ||||||
| 26 | minor, or gunrunning. | ||||||
| |||||||
| |||||||
| 1 | "State's Attorney" includes and is limited to the | ||||||
| 2 | State's Attorney or an assistant State's Attorney | ||||||
| 3 | designated by the State's Attorney to provide verbal | ||||||
| 4 | approval to record or intercept conversations under | ||||||
| 5 | this subsection (q). | ||||||
| 6 | (8) Sunset. This subsection (q) is inoperative on and | ||||||
| 7 | after January 1, 2023. No conversations intercepted | ||||||
| 8 | pursuant to this subsection (q), while operative, shall be | ||||||
| 9 | inadmissible in a court of law by virtue of the | ||||||
| 10 | inoperability of this subsection (q) on January 1, 2023. | ||||||
| 11 | (9) Recordings, records, and custody. Any private | ||||||
| 12 | conversation or private electronic communication | ||||||
| 13 | intercepted by a law enforcement officer or a person acting | ||||||
| 14 | at the direction of law enforcement shall, if practicable, | ||||||
| 15 | be recorded in such a way as will protect the recording | ||||||
| 16 | from editing or other alteration. Any and all original | ||||||
| 17 | recordings made under this subsection (q) shall be | ||||||
| 18 | inventoried without unnecessary delay pursuant to the law | ||||||
| 19 | enforcement agency's policies for inventorying evidence. | ||||||
| 20 | The original recordings shall not be destroyed except upon | ||||||
| 21 | an order of a court of competent jurisdiction; and | ||||||
| 22 | (r) Electronic recordings, including but not limited | ||||||
| 23 | to, motion picture, videotape, digital, or other visual or | ||||||
| 24 | audio recording, made of a lineup under Section 107A-2 of | ||||||
| 25 | the Code of Criminal Procedure of 1963. | ||||||
| 26 | (Source: P.A. 100-572, eff. 12-29-17; 101-80, eff. 7-12-19.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/17-6.3)
| ||||||
| 2 | Sec. 17-6.3. WIC fraud. | ||||||
| 3 | (a) For the purposes of this Section, the Special
| ||||||
| 4 | Supplemental Food Program for Women, Infants and Children | ||||||
| 5 | administered by the Illinois Department of Public Health or | ||||||
| 6 | Department of
Human Services shall be referred to as "WIC". | ||||||
| 7 | (b) A person commits WIC fraud if he or she knowingly (i) | ||||||
| 8 | uses, acquires,
possesses, or transfers WIC Food
Instruments or | ||||||
| 9 | authorizations to participate in WIC in any manner not | ||||||
| 10 | authorized by law or the rules of the Illinois
Department of | ||||||
| 11 | Public Health or Department of Human Services or (ii) uses, | ||||||
| 12 | acquires, possesses, or
transfers altered WIC Food Instruments
| ||||||
| 13 | or authorizations to participate in WIC. | ||||||
| 14 | (c) Administrative malfeasance. | ||||||
| 15 | (1) A person commits administrative malfeasance if he | ||||||
| 16 | or she knowingly or recklessly misappropriates, misuses, | ||||||
| 17 | or unlawfully withholds or
converts to his or her own use | ||||||
| 18 | or to the use of another any public funds made
available | ||||||
| 19 | for WIC. | ||||||
| 20 | (2) An official or employee of the State or a unit of | ||||||
| 21 | local
government who knowingly aids, abets, assists, or | ||||||
| 22 | participates in a known violation of this Section is
| ||||||
| 23 | subject to disciplinary proceedings under the rules of the | ||||||
| 24 | applicable
State agency or unit of local government. | ||||||
| 25 | (d) Unauthorized possession of identification document. A
| ||||||
| |||||||
| |||||||
| 1 | person commits unauthorized possession of an identification | ||||||
| 2 | document if he or she knowingly possesses, with intent to | ||||||
| 3 | commit a misdemeanor or felony, another person's | ||||||
| 4 | identification
document issued by the Illinois Department of | ||||||
| 5 | Public Health or Department of
Human Services. For purposes of | ||||||
| 6 | this Section, "identification document"
includes, but is not | ||||||
| 7 | limited to, an authorization to participate in WIC or a card or | ||||||
| 8 | other document
that identifies a person as being entitled to | ||||||
| 9 | WIC benefits. | ||||||
| 10 | (e) Penalties. | ||||||
| 11 | (1) If an individual, firm, corporation, association, | ||||||
| 12 | agency,
institution, or other legal entity is found by a | ||||||
| 13 | court to have
engaged in an act, practice, or course of | ||||||
| 14 | conduct declared unlawful under
subsection (a), (b), or (c) | ||||||
| 15 | of this Section and: | ||||||
| 16 | (A) the total amount of money involved in the | ||||||
| 17 | violation, including the
monetary value of the WIC Food | ||||||
| 18 | Instruments and the
value of commodities, is less than | ||||||
| 19 | $150, the violation is a Class A
misdemeanor; a second | ||||||
| 20 | or subsequent violation is a Class 4 felony; | ||||||
| 21 | (B) the total amount of money involved in the | ||||||
| 22 | violation, including the
monetary value of the WIC Food | ||||||
| 23 | Instruments and the
value of commodities, is $150 or | ||||||
| 24 | more but less than $1,000, the violation is a
Class 4 | ||||||
| 25 | felony; a second or subsequent violation is a Class 3 | ||||||
| 26 | felony; | ||||||
| |||||||
| |||||||
| 1 | (C) the total amount of money involved in the | ||||||
| 2 | violation, including the
monetary value of the WIC Food | ||||||
| 3 | Instruments and the
value of commodities, is $1,000 or | ||||||
| 4 | more but less than $5,000, the violation is
a Class 3 | ||||||
| 5 | felony; a second or subsequent violation is a Class 2 | ||||||
| 6 | felony; | ||||||
| 7 | (D) the total amount of money involved in the | ||||||
| 8 | violation, including the
monetary value of the WIC Food | ||||||
| 9 | Instruments and the
value of commodities, is $5,000 or | ||||||
| 10 | more but less than $10,000, the violation is
a Class 2 | ||||||
| 11 | felony; a second or subsequent violation is a Class 1 | ||||||
| 12 | felony; or | ||||||
| 13 | (E) the total amount of money involved in the | ||||||
| 14 | violation, including the
monetary value of the WIC Food | ||||||
| 15 | Instruments and the
value of commodities, is $10,000 or | ||||||
| 16 | more, the violation is a Class 1 felony and
the | ||||||
| 17 | defendant shall be permanently ineligible to | ||||||
| 18 | participate in WIC. | ||||||
| 19 | (2) A violation of subsection (d) is a Class 4 felony. | ||||||
| 20 | (3) The State's Attorney of the county in which the | ||||||
| 21 | violation of this
Section occurred or the Attorney General | ||||||
| 22 | shall bring actions arising under this
Section in the name | ||||||
| 23 | of the People of the State of Illinois. | ||||||
| 24 | (4) For purposes of determining the classification of | ||||||
| 25 | an offense under this
subsection (e), all of the money | ||||||
| 26 | received as a result of the unlawful act, practice,
or | ||||||
| |||||||
| |||||||
| 1 | course of conduct, including the value of any WIC Food | ||||||
| 2 | Instruments and the value of commodities, shall be
| ||||||
| 3 | aggregated. | ||||||
| 4 | (f) Seizure and forfeiture of property. | ||||||
| 5 | (1) A person who commits a felony violation
of this | ||||||
| 6 | Section is subject to the property forfeiture provisions | ||||||
| 7 | set forth in Article 124B of the Code of Criminal Procedure | ||||||
| 8 | of 1963. | ||||||
| 9 | (2) Property subject to forfeiture under this | ||||||
| 10 | subsection (f) may be seized by the
Director of the | ||||||
| 11 | Illinois State Police or any
local law enforcement agency | ||||||
| 12 | upon process or seizure warrant issued by any
court having
| ||||||
| 13 | jurisdiction over the
property. The Director or a local law | ||||||
| 14 | enforcement agency may seize property
under this
| ||||||
| 15 | subsection (f) without process under any of the following | ||||||
| 16 | circumstances: | ||||||
| 17 | (A) If the seizure is incident to inspection under | ||||||
| 18 | an administrative
inspection
warrant. | ||||||
| 19 | (B) If the property subject to seizure has been the | ||||||
| 20 | subject of a prior
judgment in
favor of the State in a | ||||||
| 21 | criminal proceeding or in an injunction or forfeiture
| ||||||
| 22 | proceeding under
Article 124B of the Code of Criminal | ||||||
| 23 | Procedure of 1963. | ||||||
| 24 | (C) If there is probable cause to believe that the | ||||||
| 25 | property is
directly or indirectly
dangerous to health | ||||||
| 26 | or safety. | ||||||
| |||||||
| |||||||
| 1 | (D) If there is probable cause to believe that the | ||||||
| 2 | property is subject
to forfeiture
under this | ||||||
| 3 | subsection (f) and Article 124B of the Code of Criminal | ||||||
| 4 | Procedure of 1963 and the property is seized under | ||||||
| 5 | circumstances in which a
warrantless seizure or
arrest | ||||||
| 6 | would be reasonable. | ||||||
| 7 | (E) In accordance with the Code of Criminal | ||||||
| 8 | Procedure of 1963. | ||||||
| 9 | (g) Future participation as WIC vendor. A person
who has
| ||||||
| 10 | been convicted of a felony violation of this Section is | ||||||
| 11 | prohibited from
participating as a WIC vendor for a minimum | ||||||
| 12 | period of 3 years following
conviction and until the total | ||||||
| 13 | amount of money involved in the violation,
including the value | ||||||
| 14 | of WIC Food Instruments and the value of commodities, is repaid | ||||||
| 15 | to WIC.
This prohibition shall extend to any person with | ||||||
| 16 | management responsibility in a
firm, corporation, association, | ||||||
| 17 | agency, institution, or other legal entity that
has been | ||||||
| 18 | convicted of a violation of this Section and to an officer or | ||||||
| 19 | person
owning, directly or indirectly, 5% or more of the shares | ||||||
| 20 | of stock or other
evidences of ownership in a corporate vendor.
| ||||||
| 21 | (Source: P.A. 96-1551, eff. 7-1-11.)
| ||||||
| 22 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
| 23 | Sec. 24-1. Unlawful use of weapons.
| ||||||
| 24 | (a) A person commits the offense of unlawful use of weapons | ||||||
| 25 | when
he knowingly:
| ||||||
| |||||||
| |||||||
| 1 | (1) Sells, manufactures, purchases, possesses or | ||||||
| 2 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
| 3 | sand-bag, metal knuckles or other knuckle weapon | ||||||
| 4 | regardless of its composition, throwing star,
or any knife, | ||||||
| 5 | commonly referred to as a switchblade knife, which has a
| ||||||
| 6 | blade that opens automatically by hand pressure applied to | ||||||
| 7 | a button,
spring or other device in the handle of the | ||||||
| 8 | knife, or a ballistic knife,
which is a device that propels | ||||||
| 9 | a knifelike blade as a projectile by means
of a coil | ||||||
| 10 | spring, elastic material or compressed gas; or
| ||||||
| 11 | (2) Carries or possesses with intent to use the same | ||||||
| 12 | unlawfully
against another, a dagger, dirk, billy, | ||||||
| 13 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
| 14 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
| 15 | deadly weapon or instrument of like character; or
| ||||||
| 16 | (2.5) Carries or possesses with intent to use the same | ||||||
| 17 | unlawfully against another, any firearm in a church, | ||||||
| 18 | synagogue, mosque, or other building, structure, or place | ||||||
| 19 | used for religious worship; or | ||||||
| 20 | (3) Carries on or about his person or in any vehicle, a | ||||||
| 21 | tear gas gun
projector or bomb or any object containing | ||||||
| 22 | noxious liquid gas or
substance, other than an object | ||||||
| 23 | containing a non-lethal noxious liquid gas
or substance | ||||||
| 24 | designed solely for personal defense carried by a person 18
| ||||||
| 25 | years of age or older; or
| ||||||
| 26 | (4) Carries or possesses in any vehicle or concealed on | ||||||
| |||||||
| |||||||
| 1 | or about his
person except when on his land or in his own | ||||||
| 2 | abode, legal dwelling, or fixed place of
business, or on | ||||||
| 3 | the land or in the legal dwelling of another person as an | ||||||
| 4 | invitee with that person's permission, any pistol, | ||||||
| 5 | revolver, stun gun or taser or other firearm, except
that
| ||||||
| 6 | this subsection (a) (4) does not apply to or affect | ||||||
| 7 | transportation of weapons
that meet one of the following | ||||||
| 8 | conditions:
| ||||||
| 9 | (i) are broken down in a non-functioning state; or
| ||||||
| 10 | (ii) are not immediately accessible; or
| ||||||
| 11 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 12 | carrying box,
shipping box, or other container by a | ||||||
| 13 | person who has been issued a currently
valid Firearm | ||||||
| 14 | Owner's
Identification Card; or | ||||||
| 15 | (iv) are carried or possessed in accordance with | ||||||
| 16 | the Firearm Concealed Carry Act by a person who has | ||||||
| 17 | been issued a currently valid license under the Firearm | ||||||
| 18 | Concealed Carry Act; or
| ||||||
| 19 | (5) Sets a spring gun; or
| ||||||
| 20 | (6) Possesses any device or attachment of any kind | ||||||
| 21 | designed, used or
intended for use in silencing the report | ||||||
| 22 | of any firearm; or
| ||||||
| 23 | (7) Sells, manufactures, purchases, possesses or | ||||||
| 24 | carries:
| ||||||
| 25 | (i) a machine gun, which shall be defined for the | ||||||
| 26 | purposes of this
subsection as any weapon,
which | ||||||
| |||||||
| |||||||
| 1 | shoots, is designed to shoot, or can be readily | ||||||
| 2 | restored to shoot,
automatically more than one shot | ||||||
| 3 | without manually reloading by a single
function of the | ||||||
| 4 | trigger, including the frame or receiver
of any such | ||||||
| 5 | weapon, or sells, manufactures, purchases, possesses, | ||||||
| 6 | or
carries any combination of parts designed or | ||||||
| 7 | intended for
use in converting any weapon into a | ||||||
| 8 | machine gun, or any combination or
parts from which a | ||||||
| 9 | machine gun can be assembled if such parts are in the
| ||||||
| 10 | possession or under the control of a person;
| ||||||
| 11 | (ii) any rifle having one or
more barrels less than | ||||||
| 12 | 16 inches in length or a shotgun having one or more
| ||||||
| 13 | barrels less than 18 inches in length or any weapon | ||||||
| 14 | made from a rifle or
shotgun, whether by alteration, | ||||||
| 15 | modification, or otherwise, if such a weapon
as | ||||||
| 16 | modified has an overall length of less than 26 inches; | ||||||
| 17 | or
| ||||||
| 18 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
| 19 | other container containing an
explosive substance of | ||||||
| 20 | over one-quarter ounce for like purposes, such
as, but | ||||||
| 21 | not limited to, black powder bombs and Molotov | ||||||
| 22 | cocktails or
artillery projectiles; or
| ||||||
| 23 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
| 24 | or other
deadly weapon in any place which is licensed to | ||||||
| 25 | sell intoxicating
beverages, or at any public gathering | ||||||
| 26 | held pursuant to a license issued
by any governmental body | ||||||
| |||||||
| |||||||
| 1 | or any public gathering at which an admission
is charged, | ||||||
| 2 | excluding a place where a showing, demonstration or lecture
| ||||||
| 3 | involving the exhibition of unloaded firearms is | ||||||
| 4 | conducted.
| ||||||
| 5 | This subsection (a)(8) does not apply to any auction or | ||||||
| 6 | raffle of a firearm
held pursuant to
a license or permit | ||||||
| 7 | issued by a governmental body, nor does it apply to persons
| ||||||
| 8 | engaged
in firearm safety training courses; or
| ||||||
| 9 | (9) Carries or possesses in a vehicle or on or about | ||||||
| 10 | his or her person any
pistol, revolver, stun gun or taser | ||||||
| 11 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
| 12 | robed or masked in such manner as to conceal his or her | ||||||
| 13 | identity; or
| ||||||
| 14 | (10) Carries or possesses on or about his or her | ||||||
| 15 | person, upon any public street,
alley, or other public | ||||||
| 16 | lands within the corporate limits of a city, village,
or | ||||||
| 17 | incorporated town, except when an invitee thereon or | ||||||
| 18 | therein, for the
purpose of the display of such weapon or | ||||||
| 19 | the lawful commerce in weapons, or
except when on his land | ||||||
| 20 | or in his or her own abode, legal dwelling, or fixed place | ||||||
| 21 | of business, or on the land or in the legal dwelling of | ||||||
| 22 | another person as an invitee with that person's permission, | ||||||
| 23 | any
pistol, revolver, stun gun, or taser or other firearm, | ||||||
| 24 | except that this
subsection (a) (10) does not apply to or | ||||||
| 25 | affect transportation of weapons that
meet one of the | ||||||
| 26 | following conditions:
| ||||||
| |||||||
| |||||||
| 1 | (i) are broken down in a non-functioning state; or
| ||||||
| 2 | (ii) are not immediately accessible; or
| ||||||
| 3 | (iii) are unloaded and enclosed in a case, firearm | ||||||
| 4 | carrying box,
shipping box, or other container by a | ||||||
| 5 | person who has been issued a currently
valid Firearm | ||||||
| 6 | Owner's
Identification Card; or
| ||||||
| 7 | (iv) are carried or possessed in accordance with | ||||||
| 8 | the Firearm Concealed Carry Act by a person who has | ||||||
| 9 | been issued a currently valid license under the Firearm | ||||||
| 10 | Concealed Carry Act. | ||||||
| 11 | A "stun gun or taser", as used in this paragraph (a) | ||||||
| 12 | means (i) any device
which is powered by electrical | ||||||
| 13 | charging units, such as, batteries, and
which fires one or | ||||||
| 14 | several barbs attached to a length of wire and
which, upon | ||||||
| 15 | hitting a human, can send out a current capable of | ||||||
| 16 | disrupting
the person's nervous system in such a manner as | ||||||
| 17 | to render him incapable of
normal functioning or (ii) any | ||||||
| 18 | device which is powered by electrical
charging units, such | ||||||
| 19 | as batteries, and which, upon contact with a human or
| ||||||
| 20 | clothing worn by a human, can send out current capable of | ||||||
| 21 | disrupting
the person's nervous system in such a manner as | ||||||
| 22 | to render him incapable
of normal functioning; or
| ||||||
| 23 | (11) Sells, manufactures, or purchases any explosive | ||||||
| 24 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
| 25 | bullet" means the projectile portion of
an ammunition | ||||||
| 26 | cartridge which contains or carries an explosive charge | ||||||
| |||||||
| |||||||
| 1 | which
will explode upon contact with the flesh of a human | ||||||
| 2 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
| 3 | a projectile affixed at the
front thereof and a cap or | ||||||
| 4 | primer at the rear end thereof, with the
propellant | ||||||
| 5 | contained in such tube between the projectile and the cap; | ||||||
| 6 | or
| ||||||
| 7 | (12) (Blank); or
| ||||||
| 8 | (13) Carries or possesses on or about his or her person | ||||||
| 9 | while in a building occupied by a unit of government, a | ||||||
| 10 | billy club, other weapon of like character, or other | ||||||
| 11 | instrument of like character intended for use as a weapon. | ||||||
| 12 | For the purposes of this Section, "billy club" means a | ||||||
| 13 | short stick or club commonly carried by police officers | ||||||
| 14 | which is either telescopic or constructed of a solid piece | ||||||
| 15 | of wood or other man-made material. | ||||||
| 16 | (b) Sentence. A person convicted of a violation of | ||||||
| 17 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
| 18 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
| 19 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
| 20 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
| 21 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
| 22 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
| 23 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
| 24 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
| 25 | of not less than 3 years and not more than 7 years, unless the | ||||||
| 26 | weapon is possessed in the
passenger compartment of a motor | ||||||
| |||||||
| |||||||
| 1 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
| 2 | Code, or on the person, while the weapon is loaded, in which
| ||||||
| 3 | case it shall be a Class X felony. A person convicted of a
| ||||||
| 4 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
| 5 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
| 6 | felony. A person convicted of a violation of subsection | ||||||
| 7 | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | ||||||
| 8 | weapon in violation of this Section constitutes a single and | ||||||
| 9 | separate violation.
| ||||||
| 10 | (c) Violations in specific places.
| ||||||
| 11 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
| 12 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
| 13 | the time of year, in residential
property owned, operated | ||||||
| 14 | or managed by a public housing agency or
leased by
a public | ||||||
| 15 | housing agency as part of a scattered site or mixed-income
| ||||||
| 16 | development, in a
public park, in a courthouse, on the real | ||||||
| 17 | property comprising any school,
regardless of the
time of | ||||||
| 18 | day or the time of year, on residential property owned, | ||||||
| 19 | operated
or
managed by a public housing agency
or leased by | ||||||
| 20 | a public housing agency as part of a scattered site or
| ||||||
| 21 | mixed-income development,
on the real property comprising | ||||||
| 22 | any
public park, on the real property comprising any | ||||||
| 23 | courthouse, in any conveyance
owned, leased or contracted | ||||||
| 24 | by a school to
transport students to or from school or a | ||||||
| 25 | school related activity, in any conveyance
owned, leased, | ||||||
| 26 | or contracted by a public transportation agency, or on any
| ||||||
| |||||||
| |||||||
| 1 | public way within 1,000 feet of the real property | ||||||
| 2 | comprising any school,
public park, courthouse, public | ||||||
| 3 | transportation facility, or residential property owned, | ||||||
| 4 | operated, or managed
by a public housing agency
or leased | ||||||
| 5 | by a public housing agency as part of a scattered site or
| ||||||
| 6 | mixed-income development
commits a Class 2 felony and shall | ||||||
| 7 | be sentenced to a term of imprisonment of not less than 3 | ||||||
| 8 | years and not more than 7 years.
| ||||||
| 9 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
| 10 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
| 11 | time of day or the time of year,
in residential property | ||||||
| 12 | owned, operated, or managed by a public
housing
agency
or | ||||||
| 13 | leased by a public housing agency as part of a scattered | ||||||
| 14 | site or
mixed-income development,
in
a public
park, in a | ||||||
| 15 | courthouse, on the real property comprising any school, | ||||||
| 16 | regardless
of the time of day or the time of year, on | ||||||
| 17 | residential property owned,
operated, or managed by a | ||||||
| 18 | public housing agency
or leased by a public housing agency | ||||||
| 19 | as part of a scattered site or
mixed-income development,
on | ||||||
| 20 | the real property
comprising any public park, on the real | ||||||
| 21 | property comprising any courthouse, in
any conveyance | ||||||
| 22 | owned, leased, or contracted by a school to transport | ||||||
| 23 | students
to or from school or a school related activity, in | ||||||
| 24 | any conveyance
owned, leased, or contracted by a public | ||||||
| 25 | transportation agency, or on any public way within
1,000 | ||||||
| 26 | feet of the real property comprising any school, public | ||||||
| |||||||
| |||||||
| 1 | park, courthouse,
public transportation facility, or | ||||||
| 2 | residential property owned, operated, or managed by a | ||||||
| 3 | public
housing agency
or leased by a public housing agency | ||||||
| 4 | as part of a scattered site or
mixed-income development
| ||||||
| 5 | commits a Class 3 felony.
| ||||||
| 6 | (2) A person who violates subsection 24-1(a)(1), | ||||||
| 7 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
| 8 | time of day or the time of year, in
residential property | ||||||
| 9 | owned, operated or managed by a public housing
agency
or | ||||||
| 10 | leased by a public housing agency as part of a scattered | ||||||
| 11 | site or
mixed-income development,
in
a public park, in a | ||||||
| 12 | courthouse, on the real property comprising any school,
| ||||||
| 13 | regardless of the time of day or the time of year, on | ||||||
| 14 | residential property
owned, operated or managed by a public | ||||||
| 15 | housing agency
or leased by a public housing agency as part | ||||||
| 16 | of a scattered site or
mixed-income development,
on the | ||||||
| 17 | real property
comprising any public park, on the real | ||||||
| 18 | property comprising any courthouse, in
any conveyance | ||||||
| 19 | owned, leased or contracted by a school to transport | ||||||
| 20 | students
to or from school or a school related activity, in | ||||||
| 21 | any conveyance
owned, leased, or contracted by a public | ||||||
| 22 | transportation agency, or on any public way within
1,000 | ||||||
| 23 | feet of the real property comprising any school, public | ||||||
| 24 | park, courthouse,
public transportation facility, or | ||||||
| 25 | residential property owned, operated, or managed by a | ||||||
| 26 | public
housing agency or leased by a public housing agency | ||||||
| |||||||
| |||||||
| 1 | as part of a scattered
site or mixed-income development | ||||||
| 2 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
| 3 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
| 4 | this State for the conduct of official business.
| ||||||
| 5 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
| 6 | (c) shall not
apply to law
enforcement officers or security | ||||||
| 7 | officers of such school, college, or
university or to | ||||||
| 8 | students carrying or possessing firearms for use in | ||||||
| 9 | training
courses, parades, hunting, target shooting on | ||||||
| 10 | school ranges, or otherwise with
the consent of school | ||||||
| 11 | authorities and which firearms are transported unloaded
| ||||||
| 12 | enclosed in a suitable case, box, or transportation | ||||||
| 13 | package.
| ||||||
| 14 | (4) For the purposes of this subsection (c), "school" | ||||||
| 15 | means any public or
private elementary or secondary school, | ||||||
| 16 | community college, college, or
university.
| ||||||
| 17 | (5) For the purposes of this subsection (c), "public | ||||||
| 18 | transportation agency" means a public or private agency | ||||||
| 19 | that provides for the transportation or conveyance of
| ||||||
| 20 | persons by means available to the general public, except | ||||||
| 21 | for transportation
by automobiles not used for conveyance | ||||||
| 22 | of the general public as passengers; and "public | ||||||
| 23 | transportation facility" means a terminal or other place
| ||||||
| 24 | where one may obtain public transportation.
| ||||||
| 25 | (d) The presence in an automobile other than a public | ||||||
| 26 | omnibus of any
weapon, instrument or substance referred to in | ||||||
| |||||||
| |||||||
| 1 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
| 2 | possession of, and is being
carried by, all persons occupying | ||||||
| 3 | such automobile at the time such
weapon, instrument or | ||||||
| 4 | substance is found, except under the following
circumstances: | ||||||
| 5 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
| 6 | the person of one of the occupants therein; or (ii) if such
| ||||||
| 7 | weapon, instrument or substance is found in an automobile | ||||||
| 8 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
| 9 | and proper pursuit of
his or her trade, then such presumption | ||||||
| 10 | shall not apply to the driver.
| ||||||
| 11 | (e) Exemptions. | ||||||
| 12 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
| 13 | Spearguns are exempted from the definition of ballistic | ||||||
| 14 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
| 15 | Section. | ||||||
| 16 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
| 17 | this Section prohibiting the sale, manufacture, purchase, | ||||||
| 18 | possession, or carrying of any knife, commonly referred to | ||||||
| 19 | as a switchblade knife, which has a
blade that opens | ||||||
| 20 | automatically by hand pressure applied to a button,
spring | ||||||
| 21 | or other device in the handle of the knife, does not apply | ||||||
| 22 | to a person who possesses a currently valid Firearm Owner's | ||||||
| 23 | Identification Card previously issued in his or her name by | ||||||
| 24 | the Illinois Department of State Police or to a person or | ||||||
| 25 | an entity engaged in the business of selling or | ||||||
| 26 | manufacturing switchblade knives.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
| ||||||
| 2 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
| 3 | Sec. 24-1.1. Unlawful use or possession of weapons by | ||||||
| 4 | felons or
persons in the custody of the
Department of | ||||||
| 5 | Corrections facilities. | ||||||
| 6 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
| 7 | about his person or on his land or
in his own abode or fixed | ||||||
| 8 | place of business any weapon prohibited under
Section 24-1 of | ||||||
| 9 | this Act or any firearm or any firearm ammunition if the
person | ||||||
| 10 | has been convicted of a felony under the laws of this State or | ||||||
| 11 | any
other jurisdiction. This Section shall not apply if the | ||||||
| 12 | person has been
granted relief by the Director of the Illinois | ||||||
| 13 | Department of State Police
under Section 10 of the Firearm | ||||||
| 14 | Owners Identification
Card Act.
| ||||||
| 15 | (b) It is unlawful for any person confined in a penal | ||||||
| 16 | institution,
which is a facility of the Illinois Department of | ||||||
| 17 | Corrections, to possess
any weapon prohibited under Section | ||||||
| 18 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
| 19 | regardless of the intent with which he possesses it.
| ||||||
| 20 | (c) It shall be an affirmative defense to a violation of | ||||||
| 21 | subsection (b), that such possession was specifically | ||||||
| 22 | authorized by rule,
regulation, or directive of the Illinois | ||||||
| 23 | Department of Corrections or order
issued pursuant thereto.
| ||||||
| 24 | (d) The defense of necessity is not available to a person | ||||||
| 25 | who is charged
with a violation of subsection (b) of this | ||||||
| |||||||
| |||||||
| 1 | Section.
| ||||||
| 2 | (e) Sentence. Violation of this Section by a person not | ||||||
| 3 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
| 4 | which the person shall be sentenced to no less than 2 years and | ||||||
| 5 | no
more than 10 years. A second or subsequent violation of this | ||||||
| 6 | Section shall be a Class 2 felony for which the person shall be | ||||||
| 7 | sentenced to a term of imprisonment of not less than 3 years | ||||||
| 8 | and not more than 14 years, except as provided for in Section | ||||||
| 9 | 5-4.5-110 of the Unified Code of Corrections. Violation of this | ||||||
| 10 | Section by a person not confined in a
penal institution who has | ||||||
| 11 | been convicted of a forcible felony, a felony
violation of | ||||||
| 12 | Article 24 of this Code or of the Firearm Owners Identification
| ||||||
| 13 | Card Act, stalking or aggravated stalking, or a Class 2 or | ||||||
| 14 | greater felony
under the Illinois Controlled Substances Act, | ||||||
| 15 | the Cannabis Control Act, or the Methamphetamine Control and | ||||||
| 16 | Community Protection Act is a
Class 2 felony for which the | ||||||
| 17 | person
shall be sentenced to not less than 3 years and not more | ||||||
| 18 | than 14 years, except as provided for in Section 5-4.5-110 of | ||||||
| 19 | the Unified Code of Corrections.
Violation of this Section by a | ||||||
| 20 | person who is on parole or mandatory supervised
release is a | ||||||
| 21 | Class 2 felony for which the person shall be sentenced to not | ||||||
| 22 | less than 3 years and not more than 14
years, except as | ||||||
| 23 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
| 24 | Corrections. Violation of this Section by a person not confined | ||||||
| 25 | in a penal
institution is a Class X felony when the firearm | ||||||
| 26 | possessed is a machine gun.
Any person who violates this | ||||||
| |||||||
| |||||||
| 1 | Section while confined in a penal
institution, which is a | ||||||
| 2 | facility of the Illinois Department of
Corrections, is guilty | ||||||
| 3 | of a Class 1
felony, if he possesses any weapon prohibited | ||||||
| 4 | under Section 24-1 of this
Code regardless of the intent with | ||||||
| 5 | which he possesses it, a Class X
felony if he possesses any | ||||||
| 6 | firearm, firearm ammunition or explosive, and a
Class X felony | ||||||
| 7 | for which the offender shall be sentenced to not less than 12
| ||||||
| 8 | years and not more than 50 years when the firearm possessed is | ||||||
| 9 | a machine
gun. A violation of this Section while wearing or in | ||||||
| 10 | possession of body armor as defined in Section 33F-1 is a Class | ||||||
| 11 | X felony punishable by a term of imprisonment of not less than | ||||||
| 12 | 10 years and not more than 40 years.
The possession of each | ||||||
| 13 | firearm or firearm ammunition in violation of this Section | ||||||
| 14 | constitutes a single and separate violation.
| ||||||
| 15 | (Source: P.A. 100-3, eff. 1-1-18.)
| ||||||
| 16 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
| 17 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
| 18 | (A) A person commits the offense of unlawful sale or | ||||||
| 19 | delivery of firearms when he
or she knowingly does any of the | ||||||
| 20 | following:
| ||||||
| 21 | (a) Sells or gives any firearm of a size which may be | ||||||
| 22 | concealed upon the
person to any person under 18 years of | ||||||
| 23 | age.
| ||||||
| 24 | (b) Sells or gives any firearm to a person under 21 | ||||||
| 25 | years of age who has
been convicted of a misdemeanor other | ||||||
| |||||||
| |||||||
| 1 | than a traffic offense or adjudged
delinquent.
| ||||||
| 2 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
| 3 | (d) Sells or gives any firearm to any person who has | ||||||
| 4 | been convicted of a
felony under the laws of this or any | ||||||
| 5 | other jurisdiction.
| ||||||
| 6 | (e) Sells or gives any firearm to any person who has | ||||||
| 7 | been a patient in a
mental institution within the past 5 | ||||||
| 8 | years. In this subsection (e): | ||||||
| 9 | "Mental institution" means any hospital, | ||||||
| 10 | institution, clinic, evaluation facility, mental | ||||||
| 11 | health center, or part thereof, which is used primarily | ||||||
| 12 | for the care or treatment of persons with mental | ||||||
| 13 | illness. | ||||||
| 14 | "Patient in a mental institution" means the person | ||||||
| 15 | was admitted, either voluntarily or involuntarily, to | ||||||
| 16 | a mental institution for mental health treatment, | ||||||
| 17 | unless the treatment was voluntary and solely for an | ||||||
| 18 | alcohol abuse disorder and no other secondary | ||||||
| 19 | substance abuse disorder or mental illness.
| ||||||
| 20 | (f) Sells or gives any firearms to any person who is a | ||||||
| 21 | person with an intellectual disability.
| ||||||
| 22 | (g) Delivers any firearm, incidental to a sale, without | ||||||
| 23 | withholding delivery of the firearm
for at least 72 hours | ||||||
| 24 | after application for its purchase has been made, or
| ||||||
| 25 | delivers a stun gun or taser, incidental to a sale,
without | ||||||
| 26 | withholding delivery of the stun gun or taser for
at least | ||||||
| |||||||
| |||||||
| 1 | 24 hours after application for its purchase has been made.
| ||||||
| 2 | However,
this paragraph (g) does not apply to: (1) the sale | ||||||
| 3 | of a firearm
to a law enforcement officer if the seller of | ||||||
| 4 | the firearm knows that the person to whom he or she is | ||||||
| 5 | selling the firearm is a law enforcement officer or the | ||||||
| 6 | sale of a firearm to a person who desires to purchase a | ||||||
| 7 | firearm for
use in promoting the public interest incident | ||||||
| 8 | to his or her employment as a
bank guard, armed truck | ||||||
| 9 | guard, or other similar employment; (2) a mail
order sale | ||||||
| 10 | of a firearm from a federally licensed firearms dealer to a | ||||||
| 11 | nonresident of Illinois under which the firearm
is mailed | ||||||
| 12 | to a federally licensed firearms dealer outside the | ||||||
| 13 | boundaries of Illinois; (3) (blank); (4) the sale of a
| ||||||
| 14 | firearm to a dealer licensed as a federal firearms dealer | ||||||
| 15 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
| 16 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
| 17 | shotgun, or other long gun to a resident registered | ||||||
| 18 | competitor or attendee or non-resident registered | ||||||
| 19 | competitor or attendee by any dealer licensed as a federal | ||||||
| 20 | firearms dealer under Section 923 of the federal Gun | ||||||
| 21 | Control Act of 1968 at competitive shooting events held at | ||||||
| 22 | the World Shooting Complex sanctioned by a national | ||||||
| 23 | governing body. For purposes of transfers or sales under | ||||||
| 24 | subparagraph (5) of this paragraph (g), the Department of | ||||||
| 25 | Natural Resources shall give notice to the Illinois | ||||||
| 26 | Department of State Police at least 30 calendar days prior | ||||||
| |||||||
| |||||||
| 1 | to any competitive shooting events at the World Shooting | ||||||
| 2 | Complex sanctioned by a national governing body. The | ||||||
| 3 | notification shall be made on a form prescribed by the | ||||||
| 4 | Illinois Department of State Police. The sanctioning body | ||||||
| 5 | shall provide a list of all registered competitors and | ||||||
| 6 | attendees at least 24 hours before the events to the | ||||||
| 7 | Illinois Department of State Police. Any changes to the | ||||||
| 8 | list of registered competitors and attendees shall be | ||||||
| 9 | forwarded to the Illinois Department of State Police as | ||||||
| 10 | soon as practicable. The Illinois Department of State | ||||||
| 11 | Police must destroy the list of registered competitors and | ||||||
| 12 | attendees no later than 30 days after the date of the | ||||||
| 13 | event. Nothing in this paragraph (g) relieves a federally | ||||||
| 14 | licensed firearm dealer from the requirements of | ||||||
| 15 | conducting a NICS background check through the Illinois | ||||||
| 16 | Point of Contact under 18 U.S.C. 922(t). For purposes of | ||||||
| 17 | this paragraph (g), "application" means when the buyer and | ||||||
| 18 | seller reach an agreement to purchase a firearm.
For | ||||||
| 19 | purposes of this paragraph (g), "national governing body" | ||||||
| 20 | means a group of persons who adopt rules and formulate | ||||||
| 21 | policy on behalf of a national firearm sporting | ||||||
| 22 | organization.
| ||||||
| 23 | (h) While holding any license
as a dealer,
importer, | ||||||
| 24 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
| 25 | Act of 1968,
manufactures, sells or delivers to any | ||||||
| 26 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
| |||||||
| |||||||
| 1 | or receiver which is a die casting of zinc alloy or
any | ||||||
| 2 | other nonhomogeneous metal which will melt or deform at a | ||||||
| 3 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
| 4 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
| 5 | the Firearm Owners Identification Card Act; and (2)
| ||||||
| 6 | "handgun" is defined as a firearm designed to be held
and | ||||||
| 7 | fired by the use of a single hand, and includes a | ||||||
| 8 | combination of parts from
which such a firearm can be | ||||||
| 9 | assembled.
| ||||||
| 10 | (i) Sells or gives a firearm of any size to any person | ||||||
| 11 | under 18 years of
age who does not possess a valid Firearm | ||||||
| 12 | Owner's Identification Card.
| ||||||
| 13 | (j) Sells or gives a firearm while engaged in the | ||||||
| 14 | business of selling
firearms at wholesale or retail without | ||||||
| 15 | being licensed as a federal firearms
dealer under Section | ||||||
| 16 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
| 17 | In this paragraph (j):
| ||||||
| 18 | A person "engaged in the business" means a person who | ||||||
| 19 | devotes time,
attention, and
labor to
engaging in the | ||||||
| 20 | activity as a regular course of trade or business with the
| ||||||
| 21 | principal objective of livelihood and profit, but does not | ||||||
| 22 | include a person who
makes occasional repairs of firearms | ||||||
| 23 | or who occasionally fits special barrels,
stocks, or | ||||||
| 24 | trigger mechanisms to firearms.
| ||||||
| 25 | "With the principal objective of livelihood and | ||||||
| 26 | profit" means that the
intent
underlying the sale or | ||||||
| |||||||
| |||||||
| 1 | disposition of firearms is predominantly one of
obtaining | ||||||
| 2 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
| 3 | such as
improving or liquidating a personal firearms | ||||||
| 4 | collection; however, proof of
profit shall not be required | ||||||
| 5 | as to a person who engages in the regular and
repetitive | ||||||
| 6 | purchase and disposition of firearms for criminal purposes | ||||||
| 7 | or
terrorism.
| ||||||
| 8 | (k) Sells or transfers ownership of a firearm to a | ||||||
| 9 | person who does not display to the seller or transferor of | ||||||
| 10 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
| 11 | Identification Card that has previously been issued in the | ||||||
| 12 | transferee's name by the Illinois Department of State | ||||||
| 13 | Police under the provisions of the Firearm Owners | ||||||
| 14 | Identification Card Act; or (2) a currently valid license | ||||||
| 15 | to carry a concealed firearm that has previously been | ||||||
| 16 | issued in the transferee's name by the
Illinois Department | ||||||
| 17 | of State Police under the Firearm Concealed Carry Act. This | ||||||
| 18 | paragraph (k) does not apply to the transfer of a firearm | ||||||
| 19 | to a person who is exempt from the requirement of | ||||||
| 20 | possessing a Firearm Owner's Identification Card under | ||||||
| 21 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
| 22 | For the purposes of this Section, a currently valid Firearm | ||||||
| 23 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
| 24 | Identification Card that has not expired or (ii) an | ||||||
| 25 | approval number issued in accordance with subsection | ||||||
| 26 | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | ||||||
| |||||||
| |||||||
| 1 | Identification Card Act shall be proof that the Firearm | ||||||
| 2 | Owner's Identification Card was valid. | ||||||
| 3 | (1) In addition to the other requirements of this | ||||||
| 4 | paragraph (k), all persons who are not federally | ||||||
| 5 | licensed firearms dealers must also have complied with | ||||||
| 6 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
| 7 | Identification Card Act by determining the validity of | ||||||
| 8 | a purchaser's Firearm Owner's Identification Card. | ||||||
| 9 | (2) All sellers or transferors who have complied | ||||||
| 10 | with the requirements of subparagraph (1) of this | ||||||
| 11 | paragraph (k) shall not be liable for damages in any | ||||||
| 12 | civil action arising from the use or misuse by the | ||||||
| 13 | transferee of the firearm transferred, except for | ||||||
| 14 | willful or wanton misconduct on the part of the seller | ||||||
| 15 | or transferor. | ||||||
| 16 | (l) Not
being entitled to the possession of a firearm, | ||||||
| 17 | delivers the
firearm, knowing it to have been stolen or | ||||||
| 18 | converted. It may be inferred that
a person who possesses a | ||||||
| 19 | firearm with knowledge that its serial number has
been | ||||||
| 20 | removed or altered has knowledge that the firearm is stolen | ||||||
| 21 | or converted. | ||||||
| 22 | (B) Paragraph (h) of subsection (A) does not include | ||||||
| 23 | firearms sold within 6
months after enactment of Public
Act | ||||||
| 24 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
| 25 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
| 26 | purchased by any citizen within 6 months after the
enactment of | ||||||
| |||||||
| |||||||
| 1 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
| 2 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
| 3 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
| 4 | if that firearm was legally held or acquired within 6 months | ||||||
| 5 | after
the enactment of that Public Act.
| ||||||
| 6 | (C) Sentence.
| ||||||
| 7 | (1) Any person convicted of unlawful sale or delivery | ||||||
| 8 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
| 9 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
| 10 | (2) Any person convicted of unlawful sale or delivery | ||||||
| 11 | of firearms in violation of
paragraph (b) or (i) of | ||||||
| 12 | subsection (A) commits a Class 3 felony.
| ||||||
| 13 | (3) Any person convicted of unlawful sale or delivery | ||||||
| 14 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
| 15 | commits a Class 2 felony.
| ||||||
| 16 | (4) Any person convicted of unlawful sale or delivery | ||||||
| 17 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
| 18 | subsection (A) in any school, on the real
property | ||||||
| 19 | comprising a school, within 1,000 feet of the real property | ||||||
| 20 | comprising
a school, at a school related activity, or on or | ||||||
| 21 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
| 22 | contracted by a school or school district to
transport | ||||||
| 23 | students to or from school or a school related activity,
| ||||||
| 24 | regardless of the time of day or time of year at which the | ||||||
| 25 | offense
was committed, commits a Class 1 felony. Any person | ||||||
| 26 | convicted of a second
or subsequent violation of unlawful | ||||||
| |||||||
| |||||||
| 1 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
| 2 | (b), or (i) of subsection (A) in any school, on the real | ||||||
| 3 | property
comprising a school, within 1,000 feet of the real | ||||||
| 4 | property comprising a
school, at a school related activity, | ||||||
| 5 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
| 6 | or contracted by a school or school district to
transport | ||||||
| 7 | students to or from school or a school related activity,
| ||||||
| 8 | regardless of the time of day or time of year at which the | ||||||
| 9 | offense
was committed, commits a Class 1 felony for which | ||||||
| 10 | the sentence shall be a
term of imprisonment of no less | ||||||
| 11 | than 5 years and no more than 15 years.
| ||||||
| 12 | (5) Any person convicted of unlawful sale or delivery | ||||||
| 13 | of firearms in violation of
paragraph (a) or (i) of | ||||||
| 14 | subsection (A) in residential property owned,
operated, or | ||||||
| 15 | managed by a public housing agency or leased by a public | ||||||
| 16 | housing
agency as part of a scattered site or mixed-income | ||||||
| 17 | development, in a public
park, in a
courthouse, on | ||||||
| 18 | residential property owned, operated, or managed by a | ||||||
| 19 | public
housing agency or leased by a public housing agency | ||||||
| 20 | as part of a scattered site
or mixed-income development, on | ||||||
| 21 | the real property comprising any public park,
on the real
| ||||||
| 22 | property comprising any courthouse, or on any public way | ||||||
| 23 | within 1,000 feet
of the real property comprising any | ||||||
| 24 | public park, courthouse, or residential
property owned, | ||||||
| 25 | operated, or managed by a public housing agency or leased | ||||||
| 26 | by a
public housing agency as part of a scattered site or | ||||||
| |||||||
| |||||||
| 1 | mixed-income development
commits a
Class 2 felony.
| ||||||
| 2 | (6) Any person convicted of unlawful sale or delivery | ||||||
| 3 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
| 4 | commits a Class A misdemeanor. A second or
subsequent | ||||||
| 5 | violation is a Class 4 felony. | ||||||
| 6 | (7) Any person convicted of unlawful sale or delivery | ||||||
| 7 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
| 8 | commits a Class 4 felony, except that a violation of | ||||||
| 9 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
| 10 | not be punishable as a crime or petty offense. A third or | ||||||
| 11 | subsequent conviction for a violation of paragraph (k) of | ||||||
| 12 | subsection (A) is a Class 1 felony.
| ||||||
| 13 | (8) A person 18 years of age or older convicted of | ||||||
| 14 | unlawful sale or delivery of firearms in violation of | ||||||
| 15 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
| 16 | that was sold or given to another person under 18 years of | ||||||
| 17 | age was used in the commission of or attempt to commit a | ||||||
| 18 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
| 19 | to exceed the maximum provided for the most serious | ||||||
| 20 | forcible felony so committed or attempted by the person | ||||||
| 21 | under 18 years of age who was sold or given the firearm. | ||||||
| 22 | (9) Any person convicted of unlawful sale or delivery | ||||||
| 23 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
| 24 | commits a Class 3 felony. | ||||||
| 25 | (10) Any person convicted of unlawful sale or delivery | ||||||
| 26 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
| |||||||
| |||||||
| 1 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
| 2 | Any person convicted of unlawful sale or delivery of | ||||||
| 3 | firearms in violation of paragraph (l) of subsection (A) | ||||||
| 4 | commits a Class 1 felony if the delivery is of not less | ||||||
| 5 | than 2 and not more than 5 firearms at the
same time or | ||||||
| 6 | within a one year period. Any person convicted of unlawful | ||||||
| 7 | sale or delivery of firearms in violation of paragraph (l) | ||||||
| 8 | of subsection (A) commits a Class X felony for which he or | ||||||
| 9 | she shall be sentenced
to a term of imprisonment of not | ||||||
| 10 | less than 6 years and not more than 30
years if the | ||||||
| 11 | delivery is of not less than 6 and not more than 10 | ||||||
| 12 | firearms at the
same time or within a 2 year period. Any | ||||||
| 13 | person convicted of unlawful sale or delivery of firearms | ||||||
| 14 | in violation of paragraph (l) of subsection (A) commits a | ||||||
| 15 | Class X felony for which he or she shall be sentenced
to a | ||||||
| 16 | term of imprisonment of not less than 6 years and not more | ||||||
| 17 | than 40
years if the delivery is of not less than 11 and | ||||||
| 18 | not more than 20 firearms at the
same time or within a 3 | ||||||
| 19 | year period. Any person convicted of unlawful sale or | ||||||
| 20 | delivery of firearms in violation of paragraph (l) of | ||||||
| 21 | subsection (A) commits a Class X felony for which he or she | ||||||
| 22 | shall be sentenced
to a term of imprisonment of not less | ||||||
| 23 | than 6 years and not more than 50
years if the delivery is | ||||||
| 24 | of not less than 21 and not more than 30 firearms at the
| ||||||
| 25 | same time or within a 4 year period. Any person convicted | ||||||
| 26 | of unlawful sale or delivery of firearms in violation of | ||||||
| |||||||
| |||||||
| 1 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
| 2 | for which he or she shall be sentenced
to a term of | ||||||
| 3 | imprisonment of not less than 6 years and not more than 60
| ||||||
| 4 | years if the delivery is of 31 or more firearms at the
same | ||||||
| 5 | time or within a 5 year period. | ||||||
| 6 | (D) For purposes of this Section:
| ||||||
| 7 | "School" means a public or private elementary or secondary | ||||||
| 8 | school,
community college, college, or university.
| ||||||
| 9 | "School related activity" means any sporting, social, | ||||||
| 10 | academic, or
other activity for which students' attendance or | ||||||
| 11 | participation is sponsored,
organized, or funded in whole or in | ||||||
| 12 | part by a school or school district.
| ||||||
| 13 | (E) A prosecution for a violation of paragraph (k) of | ||||||
| 14 | subsection (A) of this Section may be commenced within 6 years | ||||||
| 15 | after the commission of the offense. A prosecution for a | ||||||
| 16 | violation of this Section other than paragraph (g) of | ||||||
| 17 | subsection (A) of this Section may be commenced within 5 years | ||||||
| 18 | after the commission of the offense defined in the particular | ||||||
| 19 | paragraph.
| ||||||
| 20 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
| 21 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
| ||||||
| 22 | (720 ILCS 5/24-3B) | ||||||
| 23 | Sec. 24-3B. Firearms trafficking. | ||||||
| 24 | (a) A person commits firearms trafficking when he or she | ||||||
| 25 | has not been issued a currently valid Firearm Owner's | ||||||
| |||||||
| |||||||
| 1 | Identification Card and knowingly: | ||||||
| 2 | (1) brings, or causes to be brought, into this State, a | ||||||
| 3 | firearm or firearm ammunition for the purpose of sale, | ||||||
| 4 | delivery, or transfer to any other person or with the | ||||||
| 5 | intent to sell, deliver, or transfer the firearm or firearm | ||||||
| 6 | ammunition to any other person; or | ||||||
| 7 | (2) brings, or causes to be brought, into this State, a | ||||||
| 8 | firearm and firearm ammunition for the purpose of sale, | ||||||
| 9 | delivery, or transfer to any other person or with the | ||||||
| 10 | intent to sell, deliver, or transfer the firearm and | ||||||
| 11 | firearm ammunition to any other person. | ||||||
| 12 | (a-5) This Section does not apply to: | ||||||
| 13 | (1) a person exempt under Section 2 of the Firearm | ||||||
| 14 | Owners Identification Card Act from the requirement of | ||||||
| 15 | having possession of a Firearm Owner's Identification Card | ||||||
| 16 | previously issued in his or her name by the Illinois | ||||||
| 17 | Department of State Police in order to acquire or possess a | ||||||
| 18 | firearm or firearm ammunition; | ||||||
| 19 | (2) a common carrier under subsection (i) of Section | ||||||
| 20 | 24-2 of this Code; or | ||||||
| 21 | (3) a non-resident who may lawfully possess a firearm | ||||||
| 22 | in his or her resident state. | ||||||
| 23 | (b) Sentence. | ||||||
| 24 | (1) Firearms trafficking is a Class 1 felony for which | ||||||
| 25 | the person, if sentenced to a term of imprisonment, shall | ||||||
| 26 | be sentenced to not less than 4 years and not more than 20 | ||||||
| |||||||
| |||||||
| 1 | years. | ||||||
| 2 | (2) Firearms trafficking by a person who has been | ||||||
| 3 | previously convicted of firearms trafficking, gunrunning, | ||||||
| 4 | or a felony offense for the unlawful sale, delivery, or | ||||||
| 5 | transfer of a firearm or firearm ammunition in this State | ||||||
| 6 | or another jurisdiction is a Class X felony.
| ||||||
| 7 | (Source: P.A. 99-885, eff. 8-23-16.)
| ||||||
| 8 | (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
| ||||||
| 9 | Sec. 24-6. Confiscation and disposition of weapons.
| ||||||
| 10 | (a) Upon conviction of an offense in which a weapon was | ||||||
| 11 | used or
possessed by the offender, any weapon seized shall be | ||||||
| 12 | confiscated by the
trial court.
| ||||||
| 13 | (b) Any stolen weapon so confiscated, when no longer
needed | ||||||
| 14 | for evidentiary purposes, shall be returned to the person | ||||||
| 15 | entitled to
possession, if known. After the
disposition of a | ||||||
| 16 | criminal case or in any criminal case where a final judgment
in | ||||||
| 17 | the case was not entered due to the death of the defendant, and | ||||||
| 18 | when a
confiscated weapon is no longer needed for evidentiary | ||||||
| 19 | purposes, and when in
due course no legitimate claim has been | ||||||
| 20 | made for the weapon, the court may
transfer the weapon to the | ||||||
| 21 | sheriff of the county who may proceed to
destroy it, or may in | ||||||
| 22 | its discretion order the weapon preserved as
property of the | ||||||
| 23 | governmental body whose police agency seized the weapon, or
may | ||||||
| 24 | in its discretion order the weapon to be transferred to the | ||||||
| 25 | Illinois Department of State Police for use by the crime | ||||||
| |||||||
| |||||||
| 1 | laboratory system, for training
purposes, or for any other | ||||||
| 2 | application as deemed appropriate by the
Department. If, after | ||||||
| 3 | the disposition of a criminal case, a need still
exists for the | ||||||
| 4 | use of the confiscated weapon for evidentiary purposes, the
| ||||||
| 5 | court may transfer the weapon to the custody of the State | ||||||
| 6 | Department of
Corrections for preservation. The court may not | ||||||
| 7 | order the transfer of the
weapon to any private individual or | ||||||
| 8 | private organization other than to return
a stolen weapon to | ||||||
| 9 | its rightful owner.
| ||||||
| 10 | The provisions of this Section shall not apply to | ||||||
| 11 | violations of the Fish
and Aquatic Life Code or the Wildlife | ||||||
| 12 | Code. Confiscation
of weapons for Fish and Aquatic Life Code | ||||||
| 13 | and Wildlife Code
violations shall be only as provided in those | ||||||
| 14 | Codes.
| ||||||
| 15 | (c) Any mental hospital that admits a person as an | ||||||
| 16 | inpatient pursuant
to any of the provisions of the Mental | ||||||
| 17 | Health and Developmental
Disabilities Code shall confiscate | ||||||
| 18 | any firearms in the possession of that
person at the time of | ||||||
| 19 | admission, or at any time the firearms are
discovered in the | ||||||
| 20 | person's possession during the course of hospitalization.
The | ||||||
| 21 | hospital shall, as soon as possible following confiscation, | ||||||
| 22 | transfer
custody of the firearms to the appropriate law | ||||||
| 23 | enforcement agency. The
hospital shall give written notice to | ||||||
| 24 | the person from whom the firearm was
confiscated of the | ||||||
| 25 | identity and address of the law enforcement agency to
which it | ||||||
| 26 | has given the firearm.
| ||||||
| |||||||
| |||||||
| 1 | The law enforcement agency shall maintain possession of any | ||||||
| 2 | firearm it
obtains pursuant to this subsection for a minimum of | ||||||
| 3 | 90 days. Thereafter,
the firearm may be disposed of pursuant to | ||||||
| 4 | the provisions of subsection (b)
of this Section.
| ||||||
| 5 | (Source: P.A. 91-696, eff. 4-13-00.)
| ||||||
| 6 | (720 ILCS 5/24-8)
| ||||||
| 7 | Sec. 24-8. Firearm tracing.
| ||||||
| 8 | (a) Upon recovering a firearm from the possession
of anyone | ||||||
| 9 | who is not permitted by federal or State
law
to possess a | ||||||
| 10 | firearm, a local law enforcement agency shall
use the best | ||||||
| 11 | available information, including a firearms trace when | ||||||
| 12 | necessary,
to determine how and from whom the person gained
| ||||||
| 13 | possession of the firearm.
Upon recovering a firearm that was | ||||||
| 14 | used in the commission of any offense
classified as a felony or | ||||||
| 15 | upon recovering a firearm that appears to have been
lost, | ||||||
| 16 | mislaid,
stolen, or
otherwise unclaimed, a local law | ||||||
| 17 | enforcement agency shall use the best
available
information, | ||||||
| 18 | including a firearms trace when necessary, to determine prior
| ||||||
| 19 | ownership of
the firearm.
| ||||||
| 20 | (b) Local law enforcement shall, when appropriate, use the | ||||||
| 21 | National
Tracing Center of the
Federal
Bureau of Alcohol, | ||||||
| 22 | Tobacco and Firearms in complying with subsection (a) of
this | ||||||
| 23 | Section.
| ||||||
| 24 | (c) Local law enforcement agencies shall use the Illinois | ||||||
| 25 | Department of State Police Law Enforcement Agencies Data System | ||||||
| |||||||
| |||||||
| 1 | (LEADS) Gun File to enter all
stolen, seized, or recovered | ||||||
| 2 | firearms as prescribed by LEADS regulations and
policies.
| ||||||
| 3 | (Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
| ||||||
| 4 | (720 ILCS 5/24.8-5) | ||||||
| 5 | Sec. 24.8-5. Sentence. A violation of this Article is a
| ||||||
| 6 | petty offense. The Illinois State Police or any sheriff or | ||||||
| 7 | police officer shall seize, take,
remove or cause to be removed | ||||||
| 8 | at the expense of the owner, any air rifle
sold or used in any | ||||||
| 9 | manner in violation of this Article.
| ||||||
| 10 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
| 11 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| ||||||
| 12 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
| 13 | (a) Every device designed for gambling which is incapable | ||||||
| 14 | of lawful use
or every device used unlawfully for gambling | ||||||
| 15 | shall be considered a
"gambling device", and shall be subject | ||||||
| 16 | to seizure, confiscation and
destruction by the Illinois | ||||||
| 17 | Department of State Police or by any municipal, or other
local | ||||||
| 18 | authority, within whose jurisdiction the same may be found. As | ||||||
| 19 | used
in this Section, a "gambling device" includes any slot | ||||||
| 20 | machine, and
includes any machine or device constructed for the | ||||||
| 21 | reception of money or
other thing of value and so constructed | ||||||
| 22 | as to return, or to cause someone
to return, on chance to the | ||||||
| 23 | player thereof money, property or a right to
receive money or | ||||||
| 24 | property. With the exception of any device designed for
| ||||||
| |||||||
| |||||||
| 1 | gambling which is incapable of lawful use, no gambling device | ||||||
| 2 | shall be
forfeited or destroyed unless an individual with a | ||||||
| 3 | property interest in
said device knows of the unlawful use of | ||||||
| 4 | the device.
| ||||||
| 5 | (b) Every gambling device shall be seized and forfeited to | ||||||
| 6 | the county
wherein such seizure occurs. Any money or other | ||||||
| 7 | thing of value integrally
related to acts of gambling shall be | ||||||
| 8 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
| 9 | (c) If, within 60 days after any seizure pursuant to | ||||||
| 10 | subparagraph
(b) of this Section, a person having any property | ||||||
| 11 | interest in the seized
property is charged with an offense, the | ||||||
| 12 | court which renders judgment
upon such charge shall, within 30 | ||||||
| 13 | days after such judgment, conduct a
forfeiture hearing to | ||||||
| 14 | determine whether such property was a gambling device
at the | ||||||
| 15 | time of seizure. Such hearing shall be commenced by a written
| ||||||
| 16 | petition by the State, including material allegations of fact, | ||||||
| 17 | the name
and address of every person determined by the State to | ||||||
| 18 | have any property
interest in the seized property, a | ||||||
| 19 | representation that written notice of
the date, time and place | ||||||
| 20 | of such hearing has been mailed to every such
person by | ||||||
| 21 | certified mail at least 10 days before such date, and a
request | ||||||
| 22 | for forfeiture. Every such person may appear as a party and
| ||||||
| 23 | present evidence at such hearing. The quantum of proof required | ||||||
| 24 | shall
be a preponderance of the evidence, and the burden of | ||||||
| 25 | proof shall be on
the State. If the court determines that the | ||||||
| 26 | seized property was
a gambling device at the time of seizure, | ||||||
| |||||||
| |||||||
| 1 | an order of forfeiture and
disposition of the seized property | ||||||
| 2 | shall be entered: a gambling device
shall be received by the | ||||||
| 3 | State's Attorney, who shall effect its
destruction, except that | ||||||
| 4 | valuable parts thereof may be liquidated and
the resultant | ||||||
| 5 | money shall be deposited in the general fund of the county
| ||||||
| 6 | wherein such seizure occurred; money and other things of value | ||||||
| 7 | shall be
received by the State's Attorney and, upon | ||||||
| 8 | liquidation, shall be
deposited in the general fund of the | ||||||
| 9 | county wherein such seizure
occurred. However, in the event | ||||||
| 10 | that a defendant raises the defense
that the seized slot | ||||||
| 11 | machine is an antique slot machine described in
subparagraph | ||||||
| 12 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
| 13 | from the charge of a gambling activity participant, the seized
| ||||||
| 14 | antique slot machine shall not be destroyed or otherwise | ||||||
| 15 | altered until a
final determination is made by the Court as to | ||||||
| 16 | whether it is such an
antique slot machine. Upon a final | ||||||
| 17 | determination by the Court of this
question in favor of the | ||||||
| 18 | defendant, such slot machine shall be
immediately returned to | ||||||
| 19 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
| 20 | for the purposes of appeal, be a final order and
judgment in a | ||||||
| 21 | civil proceeding.
| ||||||
| 22 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
| 23 | Section is not
followed by a charge pursuant to subparagraph | ||||||
| 24 | (c) of this Section, or if
the prosecution of such charge is | ||||||
| 25 | permanently terminated or indefinitely
discontinued without | ||||||
| 26 | any judgment of conviction or acquittal (1) the
State's | ||||||
| |||||||
| |||||||
| 1 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
| 2 | and destruction of a gambling device, or for the forfeiture and | ||||||
| 3 | deposit
in the general fund of the county of any seized money | ||||||
| 4 | or other things of
value, or both, in the circuit court and (2) | ||||||
| 5 | any person having any
property interest in such seized gambling | ||||||
| 6 | device, money or other thing
of value may commence separate | ||||||
| 7 | civil proceedings in the manner provided
by law.
| ||||||
| 8 | (e) Any gambling device displayed for sale to a riverboat | ||||||
| 9 | gambling
operation, casino gambling operation, or organization | ||||||
| 10 | gaming facility or used to train occupational licensees of a | ||||||
| 11 | riverboat gambling
operation, casino gambling operation, or | ||||||
| 12 | organization gaming facility as authorized under the Illinois | ||||||
| 13 | Gambling Act is exempt from
seizure under this Section.
| ||||||
| 14 | (f) Any gambling equipment, devices, and supplies provided | ||||||
| 15 | by a licensed
supplier in accordance with the Illinois Gambling | ||||||
| 16 | Act which are removed
from a riverboat, casino, or organization | ||||||
| 17 | gaming facility for repair are exempt from seizure under this | ||||||
| 18 | Section.
| ||||||
| 19 | (g) The following video gaming terminals are exempt from | ||||||
| 20 | seizure under this Section: | ||||||
| 21 | (1) Video gaming terminals for sale to a licensed | ||||||
| 22 | distributor or operator under the Video Gaming Act. | ||||||
| 23 | (2) Video gaming terminals used to train licensed | ||||||
| 24 | technicians or licensed terminal handlers. | ||||||
| 25 | (3) Video gaming terminals that are removed from a | ||||||
| 26 | licensed establishment, licensed truck stop establishment, | ||||||
| |||||||
| |||||||
| 1 | licensed large truck stop establishment,
licensed
| ||||||
| 2 | fraternal establishment, or licensed veterans | ||||||
| 3 | establishment for repair. | ||||||
| 4 | (h) Property seized or forfeited under this Section is | ||||||
| 5 | subject to reporting under the Seizure and Forfeiture Reporting | ||||||
| 6 | Act. | ||||||
| 7 | (i) Any sports lottery terminals provided by a central | ||||||
| 8 | system provider that are removed from a lottery retailer for | ||||||
| 9 | repair under the Sports Wagering Act are exempt from seizure | ||||||
| 10 | under this Section. | ||||||
| 11 | (Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25, Section | ||||||
| 12 | 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. | ||||||
| 13 | 6-28-19; revised 7-12-19.)
| ||||||
| 14 | (720 ILCS 5/29B-0.5) | ||||||
| 15 | Sec. 29B-0.5. Definitions. In this Article: | ||||||
| 16 | "Conduct" or "conducts" includes, in addition to its | ||||||
| 17 | ordinary
meaning, initiating, concluding, or participating in | ||||||
| 18 | initiating or concluding
a transaction. | ||||||
| 19 | "Criminally derived property" means: (1) any property, | ||||||
| 20 | real or personal, constituting
or
derived from proceeds | ||||||
| 21 | obtained, directly or indirectly, from activity that | ||||||
| 22 | constitutes a felony under State, federal, or foreign law; or | ||||||
| 23 | (2) any property
represented to be property constituting or | ||||||
| 24 | derived from proceeds obtained,
directly or indirectly, from | ||||||
| 25 | activity that constitutes a felony under State, federal, or | ||||||
| |||||||
| |||||||
| 1 | foreign law. | ||||||
| 2 | "Department" means the Department of State Police of this | ||||||
| 3 | State or its successor agency. | ||||||
| 4 | "Director" means the Director of the Illinois State Police | ||||||
| 5 | or his or her designated agents. | ||||||
| 6 | "Financial institution" means any bank; savings and loan
| ||||||
| 7 | association; trust company; agency or branch of a foreign bank | ||||||
| 8 | in the
United States; currency exchange; credit union; mortgage | ||||||
| 9 | banking
institution; pawnbroker; loan or finance company; | ||||||
| 10 | operator of a credit card
system; issuer, redeemer, or cashier | ||||||
| 11 | of travelers checks, checks, or money
orders; dealer in | ||||||
| 12 | precious metals, stones, or jewels; broker or dealer in
| ||||||
| 13 | securities or commodities; investment banker; or investment | ||||||
| 14 | company. | ||||||
| 15 | "Financial transaction" means a purchase, sale, loan, | ||||||
| 16 | pledge, gift,
transfer, delivery, or other disposition | ||||||
| 17 | utilizing criminally derived property,
and with respect to | ||||||
| 18 | financial institutions, includes a deposit, withdrawal,
| ||||||
| 19 | transfer between accounts, exchange of currency, loan, | ||||||
| 20 | extension of credit,
purchase or sale of any stock, bond, | ||||||
| 21 | certificate of deposit or other monetary
instrument, use of | ||||||
| 22 | safe deposit box, or any other payment, transfer or delivery | ||||||
| 23 | by, through, or to a
financial institution.
"Financial
| ||||||
| 24 | transaction" also
means a transaction which without regard to | ||||||
| 25 | whether the funds, monetary
instruments, or real or personal | ||||||
| 26 | property involved in the transaction are
criminally derived, | ||||||
| |||||||
| |||||||
| 1 | any transaction which in any way or degree: (1) involves
the | ||||||
| 2 | movement of funds by wire or any other means; (2) involves one | ||||||
| 3 | or more
monetary instruments; or (3) the transfer of title to | ||||||
| 4 | any real or personal
property.
The receipt by an attorney of | ||||||
| 5 | bona fide fees for the purpose
of legal representation is not a | ||||||
| 6 | financial transaction for purposes of this
Article. | ||||||
| 7 | "Form 4-64" means the Illinois State Police | ||||||
| 8 | Notice/Inventory of Seized Property (Form 4-64). | ||||||
| 9 | "Knowing that the property involved in a financial | ||||||
| 10 | transaction represents the proceeds of some form of unlawful | ||||||
| 11 | activity" means that the person knew the property involved in | ||||||
| 12 | the transaction represented proceeds from some form, though not | ||||||
| 13 | necessarily which form, of activity that constitutes a felony | ||||||
| 14 | under State, federal, or foreign law. | ||||||
| 15 | "Monetary instrument" means United States coins and | ||||||
| 16 | currency;
coins and currency of a foreign country; travelers | ||||||
| 17 | checks; personal checks,
bank checks, and money orders; | ||||||
| 18 | investment securities; bearer
negotiable instruments; bearer | ||||||
| 19 | investment securities; or bearer securities
and certificates | ||||||
| 20 | of stock in a form that title passes upon
delivery. | ||||||
| 21 | "Specified criminal activity" means any violation of | ||||||
| 22 | Section 29D-15.1 and any violation of Article 29D of this Code. | ||||||
| 23 | "Transaction reporting requirement under State law" means | ||||||
| 24 | any violation as defined under the Currency Reporting Act.
| ||||||
| 25 | (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/29B-3) | ||||||
| 2 | Sec. 29B-3. Duty to enforce this Article. | ||||||
| 3 | (a) It is the duty of the Illinois Department of State | ||||||
| 4 | Police, and its agents, officers, and investigators, to enforce | ||||||
| 5 | this Article, except those provisions otherwise specifically | ||||||
| 6 | delegated, and to cooperate with all agencies charged with the | ||||||
| 7 | enforcement of the laws of the United States, or of any state, | ||||||
| 8 | relating to money laundering. Only an agent, officer, or | ||||||
| 9 | investigator designated by the Director may be authorized in | ||||||
| 10 | accordance with this Section to serve seizure notices, | ||||||
| 11 | warrants, subpoenas, and summonses under the authority of this | ||||||
| 12 | State. | ||||||
| 13 | (b) An agent, officer, investigator, or peace officer | ||||||
| 14 | designated by the Director may: (1) make seizure of property | ||||||
| 15 | under this Article; and (2) perform other law enforcement | ||||||
| 16 | duties as the Director designates. It is the duty of all | ||||||
| 17 | State's Attorneys to prosecute violations of this Article and | ||||||
| 18 | institute legal proceedings as authorized under this Article.
| ||||||
| 19 | (Source: P.A. 100-699, eff. 8-3-18.)
| ||||||
| 20 | (720 ILCS 5/29B-4) | ||||||
| 21 | Sec. 29B-4. Protective orders and warrants for forfeiture | ||||||
| 22 | purposes. | ||||||
| 23 | (a) Upon application of the State, the court may enter a | ||||||
| 24 | restraining order or injunction, require the execution of a | ||||||
| 25 | satisfactory performance bond, or take any other action to | ||||||
| |||||||
| |||||||
| 1 | preserve the availability of property described in Section | ||||||
| 2 | 29B-5 of this Article for forfeiture under this Article: | ||||||
| 3 | (1) upon the filing of an indictment, information, or | ||||||
| 4 | complaint charging a violation of this Article for which | ||||||
| 5 | forfeiture may be ordered under this Article and alleging | ||||||
| 6 | that the property with respect to which the order is sought | ||||||
| 7 | would be subject to forfeiture under this Article; or | ||||||
| 8 | (2) prior to the filing of the indictment, information, | ||||||
| 9 | or complaint, if, after notice to persons appearing to have | ||||||
| 10 | an interest in the property and opportunity for a hearing, | ||||||
| 11 | the court determines that: | ||||||
| 12 | (A) there is probable cause to believe that the | ||||||
| 13 | State will prevail on the issue of forfeiture and that | ||||||
| 14 | failure to enter the order will result in the property | ||||||
| 15 | being destroyed, removed from the jurisdiction of the | ||||||
| 16 | court, or otherwise made unavailable for forfeiture; | ||||||
| 17 | and | ||||||
| 18 | (B) the need to preserve the availability of the | ||||||
| 19 | property through the entry of the requested order | ||||||
| 20 | outweighs the hardship on any party against whom the | ||||||
| 21 | order is to be entered. | ||||||
| 22 | Provided, however, that an order entered under | ||||||
| 23 | paragraph (2) of this Section shall be effective for not | ||||||
| 24 | more than 90 days, unless extended by the court for good | ||||||
| 25 | cause shown or unless an indictment, information, | ||||||
| 26 | complaint, or administrative notice has been filed. | ||||||
| |||||||
| |||||||
| 1 | (b) A temporary restraining order under this subsection (b) | ||||||
| 2 | may be entered upon application of the State without notice or | ||||||
| 3 | opportunity for a hearing when an indictment, information, | ||||||
| 4 | complaint, or administrative notice has not yet been filed with | ||||||
| 5 | respect to the property, if the State demonstrates that there | ||||||
| 6 | is probable cause to believe that the property with respect to | ||||||
| 7 | which the order is sought would be subject to forfeiture under | ||||||
| 8 | this Article and that provision of notice will jeopardize the | ||||||
| 9 | availability of the property for forfeiture. The temporary | ||||||
| 10 | order shall expire not more than 30 days after the date on | ||||||
| 11 | which it is entered, unless extended for good cause shown or | ||||||
| 12 | unless the party against whom it is entered consents to an | ||||||
| 13 | extension for a longer period. A hearing requested concerning | ||||||
| 14 | an order entered under this subsection (b) shall be held at the | ||||||
| 15 | earliest possible time and prior to the expiration of the | ||||||
| 16 | temporary order. | ||||||
| 17 | (c) The court may receive and consider, at a hearing held | ||||||
| 18 | under this Section, evidence and information that would be | ||||||
| 19 | inadmissible under the Illinois rules of evidence. | ||||||
| 20 | (d) Under its authority to enter a pretrial restraining | ||||||
| 21 | order under this Section, the court may order a defendant to | ||||||
| 22 | repatriate any property that may be seized and forfeited and to | ||||||
| 23 | deposit that property pending trial with the Illinois | ||||||
| 24 | Department of State Police or another law enforcement agency | ||||||
| 25 | designated by the Illinois Department of State Police. Failure | ||||||
| 26 | to comply with an order under this Section is punishable as a | ||||||
| |||||||
| |||||||
| 1 | civil or criminal contempt of court. | ||||||
| 2 | (e) The State may request the issuance of a warrant | ||||||
| 3 | authorizing the seizure of property described in Section 29B-5 | ||||||
| 4 | of this Article in the same manner as provided for a search | ||||||
| 5 | warrant. If the court determines that there is probable cause | ||||||
| 6 | to believe that the property to be seized would be subject to | ||||||
| 7 | forfeiture, the court shall issue a warrant authorizing the | ||||||
| 8 | seizure of that property.
| ||||||
| 9 | (Source: P.A. 100-699, eff. 8-3-18.)
| ||||||
| 10 | (720 ILCS 5/29B-12) | ||||||
| 11 | Sec. 29B-12. Non-judicial forfeiture. If non-real | ||||||
| 12 | property that exceeds $20,000 in value excluding the value of | ||||||
| 13 | any conveyance, or if real property is seized under the | ||||||
| 14 | provisions of this Article, the State's Attorney shall | ||||||
| 15 | institute judicial in rem forfeiture proceedings as described | ||||||
| 16 | in Section 29B-13 of this Article within 28 days from receipt | ||||||
| 17 | of notice of seizure from the seizing agency under Section | ||||||
| 18 | 29B-8 of this Article. However, if non-real property that does | ||||||
| 19 | not exceed $20,000 in value excluding the value of any | ||||||
| 20 | conveyance is seized, the following procedure shall be used: | ||||||
| 21 | (1) If, after review of the facts surrounding the | ||||||
| 22 | seizure, the State's Attorney is of the opinion that the | ||||||
| 23 | seized property is subject to forfeiture, then, within 28 | ||||||
| 24 | days after the receipt of notice of seizure from the | ||||||
| 25 | seizing agency, the State's Attorney shall cause notice of | ||||||
| |||||||
| |||||||
| 1 | pending forfeiture to be given to the owner of the property | ||||||
| 2 | and all known interest holders of the property in | ||||||
| 3 | accordance with Section 29B-10 of this Article. | ||||||
| 4 | (2) The notice of pending forfeiture shall include a | ||||||
| 5 | description of the property, the estimated value of the | ||||||
| 6 | property, the date and place of seizure, the conduct giving | ||||||
| 7 | rise to forfeiture or the violation of law alleged, and a | ||||||
| 8 | summary of procedures and procedural rights applicable to | ||||||
| 9 | the forfeiture action. | ||||||
| 10 | (3)(A) Any person claiming an interest in property that | ||||||
| 11 | is the subject of notice under paragraph (1) of this | ||||||
| 12 | Section, must, in order to preserve any rights or claims to | ||||||
| 13 | the property, within 45 days after the effective date of | ||||||
| 14 | notice as described in Section 29B-10 of this Article, file | ||||||
| 15 | a verified claim with the State's Attorney expressing his | ||||||
| 16 | or her interest in the property. The claim shall set forth: | ||||||
| 17 | (i) the caption of the proceedings as set forth on | ||||||
| 18 | the notice of pending forfeiture and the name of the | ||||||
| 19 | claimant; | ||||||
| 20 | (ii) the address at which the claimant will accept | ||||||
| 21 | mail; | ||||||
| 22 | (iii) the nature and extent of the claimant's | ||||||
| 23 | interest in the property; | ||||||
| 24 | (iv) the date, identity of the transferor, and | ||||||
| 25 | circumstances of the claimant's acquisition of the | ||||||
| 26 | interest in the property; | ||||||
| |||||||
| |||||||
| 1 | (v) the names and addresses of all other persons | ||||||
| 2 | known to have an interest in the property; | ||||||
| 3 | (vi) the specific provision of law relied on in | ||||||
| 4 | asserting the property is not subject to forfeiture; | ||||||
| 5 | (vii) all essential facts supporting each | ||||||
| 6 | assertion; and | ||||||
| 7 | (viii) the relief sought. | ||||||
| 8 | (B) If a claimant files the claim, then the State's | ||||||
| 9 | Attorney shall institute judicial in rem forfeiture | ||||||
| 10 | proceedings with the clerk of the court as described in | ||||||
| 11 | Section 29B-13 of this Article within 28 days after receipt | ||||||
| 12 | of the claim. | ||||||
| 13 | (4) If no claim is filed within the 28-day period as | ||||||
| 14 | described in paragraph (3) of this Section, the State's | ||||||
| 15 | Attorney shall declare the property forfeited and shall | ||||||
| 16 | promptly notify the owner and all known interest holders of | ||||||
| 17 | the property and the Director of the Illinois State Police | ||||||
| 18 | of the declaration of forfeiture and the Director shall | ||||||
| 19 | dispose of the property in accordance with law.
| ||||||
| 20 | (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
| ||||||
| 21 | (720 ILCS 5/29B-20) | ||||||
| 22 | Sec. 29B-20. Settlement of claims. Notwithstanding other | ||||||
| 23 | provisions of this Article, the State's Attorney and a claimant | ||||||
| 24 | of seized property may enter into an agreed-upon settlement | ||||||
| 25 | concerning the seized property in such an amount and upon such | ||||||
| |||||||
| |||||||
| 1 | terms as are set out in writing in a settlement agreement. All | ||||||
| 2 | proceeds from a settlement agreement shall be tendered to the | ||||||
| 3 | Illinois Department of State Police and distributed under | ||||||
| 4 | Section 29B-26 of this Article.
| ||||||
| 5 | (Source: P.A. 100-699, eff. 8-3-18.)
| ||||||
| 6 | (720 ILCS 5/29B-25) | ||||||
| 7 | Sec. 29B-25. Return of property, damages, and costs. | ||||||
| 8 | (a) The law enforcement agency that holds custody of | ||||||
| 9 | property seized for forfeiture shall deliver property ordered | ||||||
| 10 | by the court to be returned or conveyed to the claimant within | ||||||
| 11 | a reasonable time not to exceed 7 days, unless the order is | ||||||
| 12 | stayed by the trial court or a reviewing court pending an | ||||||
| 13 | appeal, motion to reconsider, or other reason. | ||||||
| 14 | (b) The law enforcement agency that holds custody of | ||||||
| 15 | property is responsible for any damages, storage fees, and | ||||||
| 16 | related costs applicable to property returned. The claimant | ||||||
| 17 | shall not be subject to any charges by the State for storage of | ||||||
| 18 | the property or expenses incurred in the preservation of the | ||||||
| 19 | property. Charges for the towing of a conveyance shall be borne | ||||||
| 20 | by the claimant unless the conveyance was towed for the sole | ||||||
| 21 | reason of seizure for forfeiture. This Section does not | ||||||
| 22 | prohibit the imposition of any fees or costs by a home rule | ||||||
| 23 | unit of local government related to the impoundment of a | ||||||
| 24 | conveyance under an ordinance enacted by the unit of | ||||||
| 25 | government. | ||||||
| |||||||
| |||||||
| 1 | (c) A law enforcement agency shall not retain forfeited | ||||||
| 2 | property for its own use or transfer the property to any person | ||||||
| 3 | or entity, except as provided under this Section. A law | ||||||
| 4 | enforcement agency may apply in writing to the Director of the | ||||||
| 5 | Illinois State Police to request that forfeited property be | ||||||
| 6 | awarded to the agency for a specifically articulated official | ||||||
| 7 | law enforcement use in an investigation. The Director shall | ||||||
| 8 | provide a written justification in each instance detailing the | ||||||
| 9 | reasons why the forfeited property was placed into official use | ||||||
| 10 | and the justification shall be retained for a period of not | ||||||
| 11 | less than 3 years. | ||||||
| 12 | (d) A claimant or a party interested in personal property | ||||||
| 13 | contained within a seized conveyance may file a request with | ||||||
| 14 | the State's Attorney in a non-judicial forfeiture action, or a | ||||||
| 15 | motion with the court in a judicial forfeiture action for the | ||||||
| 16 | return of any personal property contained within a conveyance | ||||||
| 17 | that is seized under this Article. The return of personal | ||||||
| 18 | property shall not be unreasonably withheld if the personal | ||||||
| 19 | property is not mechanically or electrically coupled to the | ||||||
| 20 | conveyance, needed for evidentiary purposes, or otherwise | ||||||
| 21 | contraband. Any law enforcement agency that returns property | ||||||
| 22 | under a court order under this Section shall not be liable to | ||||||
| 23 | any person who claims ownership to the property if it is | ||||||
| 24 | returned to an improper party.
| ||||||
| 25 | (Source: P.A. 100-699, eff. 8-3-18.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/29B-26) | ||||||
| 2 | Sec. 29B-26. Distribution of proceeds. All moneys and the | ||||||
| 3 | sale proceeds of all other property forfeited and seized under | ||||||
| 4 | this Article shall be distributed as follows: | ||||||
| 5 | (1) 65% shall be distributed to the metropolitan | ||||||
| 6 | enforcement group, local, municipal, county, or State law | ||||||
| 7 | enforcement agency or agencies that conducted or | ||||||
| 8 | participated in the investigation resulting in the | ||||||
| 9 | forfeiture. The distribution shall bear a reasonable | ||||||
| 10 | relationship to the degree of direct participation of the | ||||||
| 11 | law enforcement agency in the effort resulting in the | ||||||
| 12 | forfeiture, taking into account the total value of the | ||||||
| 13 | property forfeited and the total law enforcement effort | ||||||
| 14 | with respect to the violation of the law upon which the | ||||||
| 15 | forfeiture is based. Amounts distributed to the agency or | ||||||
| 16 | agencies shall be used for the enforcement of laws. | ||||||
| 17 | (2)(i) 12.5% shall be distributed to the Office of the | ||||||
| 18 | State's Attorney of the county in which the prosecution | ||||||
| 19 | resulting in the forfeiture was instituted, deposited in a | ||||||
| 20 | special fund in the county treasury and appropriated to the | ||||||
| 21 | State's Attorney for use in the enforcement of laws. In | ||||||
| 22 | counties over 3,000,000 population, 25% shall be | ||||||
| 23 | distributed to the Office of the State's Attorney for use | ||||||
| 24 | in the enforcement of laws. If the prosecution is | ||||||
| 25 | undertaken solely by the Attorney General, the portion | ||||||
| 26 | provided under this subparagraph (i) shall be distributed | ||||||
| |||||||
| |||||||
| 1 | to the Attorney General for use in the enforcement of laws. | ||||||
| 2 | (ii) 12.5% shall be distributed to the Office of the | ||||||
| 3 | State's Attorneys Appellate Prosecutor and deposited in | ||||||
| 4 | the Narcotics Profit Forfeiture Fund of that office to be | ||||||
| 5 | used for additional expenses incurred in the | ||||||
| 6 | investigation, prosecution, and appeal of cases arising | ||||||
| 7 | under laws. The Office of the State's Attorneys Appellate | ||||||
| 8 | Prosecutor shall not receive distribution from cases | ||||||
| 9 | brought in counties with over 3,000,000 population. | ||||||
| 10 | (3) 10% shall be retained by the Illinois Department of | ||||||
| 11 | State Police for expenses related to the administration and | ||||||
| 12 | sale of seized and forfeited property. | ||||||
| 13 | Moneys and the sale proceeds distributed to the Illinois | ||||||
| 14 | Department of State Police under this Article shall be | ||||||
| 15 | deposited in the Money Laundering Asset Recovery Fund created | ||||||
| 16 | in the State treasury and shall be used by the Illinois | ||||||
| 17 | Department of State Police for State law enforcement purposes. | ||||||
| 18 | All moneys and sale proceeds of property forfeited and seized | ||||||
| 19 | under this Article and distributed according to this Section | ||||||
| 20 | may also be used to purchase opioid antagonists as defined in | ||||||
| 21 | Section 5-23 of the Substance Use Disorder Act.
| ||||||
| 22 | (Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
| ||||||
| 23 | (720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
| ||||||
| 24 | Sec. 32-2. Perjury.
| ||||||
| 25 | (a) A person commits perjury when, under oath or | ||||||
| |||||||
| |||||||
| 1 | affirmation, in a
proceeding or in any other matter where by | ||||||
| 2 | law the oath or affirmation is
required, he or she makes a | ||||||
| 3 | false statement, material to the issue or point in
question, | ||||||
| 4 | knowing the statement is false.
| ||||||
| 5 | (b) Proof of Falsity.
| ||||||
| 6 | An indictment or information for perjury alleging that the | ||||||
| 7 | offender,
under oath, has knowingly made contradictory | ||||||
| 8 | statements, material to the issue or
point in question, in the | ||||||
| 9 | same or in different proceedings, where the oath
or affirmation | ||||||
| 10 | is required, need not specify which statement is false. At
the | ||||||
| 11 | trial, the prosecution need not establish which statement is | ||||||
| 12 | false.
| ||||||
| 13 | (c) Admission of Falsity.
| ||||||
| 14 | Where the contradictory statements are made in the same | ||||||
| 15 | continuous
trial, an admission by the offender in that same | ||||||
| 16 | continuous trial of the
falsity of a contradictory statement | ||||||
| 17 | shall bar prosecution therefor under
any provisions of this | ||||||
| 18 | Code.
| ||||||
| 19 | (d) A person shall be exempt from prosecution under | ||||||
| 20 | subsection (a) of
this Section if he or she is a peace officer | ||||||
| 21 | who uses a false or fictitious name
in the enforcement of the | ||||||
| 22 | criminal laws,
and this use is approved in writing as provided | ||||||
| 23 | in Section 10-1 of "The
Liquor Control Act of 1934", as | ||||||
| 24 | amended, Section 5 of "An Act in relation to
the
use of an | ||||||
| 25 | assumed name in the conduct or transaction of business in this
| ||||||
| 26 | State", approved
July 17, 1941, as amended, or Section 2605-200 | ||||||
| |||||||
| |||||||
| 1 | of the Illinois Department of State Police Law. However, this | ||||||
| 2 | exemption shall not apply to testimony
in judicial proceedings | ||||||
| 3 | where the identity of the peace officer is material
to the | ||||||
| 4 | issue, and he or she is ordered by the court to disclose his or | ||||||
| 5 | her identity.
| ||||||
| 6 | (e) Sentence.
| ||||||
| 7 | Perjury is a Class 3 felony.
| ||||||
| 8 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
| 9 | (720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
| ||||||
| 10 | Sec. 32-8. Tampering with public records.
| ||||||
| 11 | (a) A person commits tampering with public records when he | ||||||
| 12 | or she knowingly, without lawful authority, and with the intent | ||||||
| 13 | to defraud any party, public officer or entity, alters, | ||||||
| 14 | destroys,
defaces, removes or conceals any public record. | ||||||
| 15 | (b) (Blank). | ||||||
| 16 | (c) A judge, circuit clerk or clerk of court, public | ||||||
| 17 | official or employee, court reporter, or other person commits | ||||||
| 18 | tampering with public records when he or she knowingly, without | ||||||
| 19 | lawful authority, and with the intent to defraud any party, | ||||||
| 20 | public officer or entity, alters, destroys, defaces, removes, | ||||||
| 21 | or conceals any public record received or held by any judge or | ||||||
| 22 | by a clerk of any court. | ||||||
| 23 | (c-5) "Public record" expressly includes, but is not | ||||||
| 24 | limited to, court records, or documents, evidence, or exhibits | ||||||
| 25 | filed with the clerk of the court and which have become a part | ||||||
| |||||||
| |||||||
| 1 | of the official court record, pertaining to any civil or | ||||||
| 2 | criminal proceeding in any court. | ||||||
| 3 | (d) Sentence. A violation of subsection (a) is a Class 4 | ||||||
| 4 | felony. A violation of subsection (c) is a Class 3 felony. Any | ||||||
| 5 | person convicted under subsection (c) who at the time of the | ||||||
| 6 | violation was responsible for making, keeping, storing, or | ||||||
| 7 | reporting the record for which the tampering occurred: | ||||||
| 8 | (1) shall forfeit his or her public office or public | ||||||
| 9 | employment, if any, and shall thereafter be ineligible for | ||||||
| 10 | both State and local public office and public employment in | ||||||
| 11 | this State for a period of 5 years after completion of any | ||||||
| 12 | term of probation, conditional discharge, or incarceration | ||||||
| 13 | in a penitentiary including the period of mandatory | ||||||
| 14 | supervised release; | ||||||
| 15 | (2) shall forfeit all retirement, pension, and other | ||||||
| 16 | benefits arising out of public office or public employment | ||||||
| 17 | as may be determined by the court in accordance with the | ||||||
| 18 | applicable provisions of the Illinois Pension Code; | ||||||
| 19 | (3) shall be subject to termination of any professional | ||||||
| 20 | licensure or registration in this State as may be | ||||||
| 21 | determined by the court in accordance with the provisions | ||||||
| 22 | of the applicable professional licensing or registration | ||||||
| 23 | laws; | ||||||
| 24 | (4) may be ordered by the court, after a hearing in | ||||||
| 25 | accordance with applicable law and in addition to any other | ||||||
| 26 | penalty or fine imposed by the court, to forfeit to the | ||||||
| |||||||
| |||||||
| 1 | State an amount equal to any financial gain or the value of | ||||||
| 2 | any advantage realized by the person as a result of the | ||||||
| 3 | offense; and | ||||||
| 4 | (5) may be ordered by the court, after a hearing in | ||||||
| 5 | accordance with applicable law and in addition to any other | ||||||
| 6 | penalty or fine imposed by the court, to pay restitution to | ||||||
| 7 | the victim in an amount equal to any financial loss or the | ||||||
| 8 | value of any advantage lost by the victim as a result of | ||||||
| 9 | the offense. | ||||||
| 10 | For the purposes of this subsection (d), an offense under | ||||||
| 11 | subsection (c) committed by a person holding public office or | ||||||
| 12 | public employment shall be rebuttably presumed to relate to or | ||||||
| 13 | arise out of or in connection with that public office or public | ||||||
| 14 | employment. | ||||||
| 15 | (e) Any party litigant who believes a violation of this | ||||||
| 16 | Section has occurred may seek the restoration of the court | ||||||
| 17 | record as provided in the Court Records Restoration Act. Any | ||||||
| 18 | order of the court denying the restoration of the court record | ||||||
| 19 | may be appealed as any other civil judgment. | ||||||
| 20 | (f) When the sheriff or local law enforcement agency having | ||||||
| 21 | jurisdiction declines to investigate, or inadequately | ||||||
| 22 | investigates, the court or any interested party, shall notify | ||||||
| 23 | the Illinois State Police of a suspected violation of | ||||||
| 24 | subsection (a) or (c), who shall have the authority to | ||||||
| 25 | investigate, and may investigate, the same, without regard to | ||||||
| 26 | whether the local law enforcement agency has requested the | ||||||
| |||||||
| |||||||
| 1 | Illinois State Police to do so. | ||||||
| 2 | (g) If the State's Attorney having jurisdiction declines to | ||||||
| 3 | prosecute a violation of subsection (a) or (c), the court or | ||||||
| 4 | interested party shall notify the Attorney General of the | ||||||
| 5 | refusal. The Attorney General shall, thereafter, have the | ||||||
| 6 | authority to prosecute, and may prosecute, the violation, | ||||||
| 7 | without a referral from the State's Attorney. | ||||||
| 8 | (h) Prosecution of a violation of subsection (c) shall be | ||||||
| 9 | commenced within 3 years after the act constituting the | ||||||
| 10 | violation is discovered or reasonably should have been | ||||||
| 11 | discovered.
| ||||||
| 12 | (Source: P.A. 96-1217, eff. 1-1-11; 96-1508, eff. 6-1-11; | ||||||
| 13 | 97-1108, eff. 1-1-13.)
| ||||||
| 14 | (720 ILCS 5/33-2) (from Ch. 38, par. 33-2)
| ||||||
| 15 | Sec. 33-2. Failure to report a bribe. Any public officer, | ||||||
| 16 | public employee
or juror who fails to report
forthwith to the | ||||||
| 17 | local State's Attorney, or in the case of a State employee
to | ||||||
| 18 | the Illinois Department of State Police, any offer made
to him | ||||||
| 19 | in violation
of Section 33-1 commits a Class A misdemeanor.
| ||||||
| 20 | In the case of a State employee, the making of such report
| ||||||
| 21 | to the Illinois Department of State Police shall discharge
such | ||||||
| 22 | employee from
any further duty under this Section. Upon | ||||||
| 23 | receiving any such report, the
Illinois Department of State | ||||||
| 24 | Police
shall forthwith transmit a copy thereof to the | ||||||
| 25 | appropriate State's Attorney.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 84-25.)
| ||||||
| 2 | (720 ILCS 5/33-3.1)
| ||||||
| 3 | Sec. 33-3.1. Solicitation misconduct (State government).
| ||||||
| 4 | (a) An employee of an
executive branch constitutional | ||||||
| 5 | officer commits solicitation misconduct (State
government) | ||||||
| 6 | when, at any time, he or she knowingly solicits or receives
| ||||||
| 7 | contributions, as
that
term is defined in Section 9-1.4 of the | ||||||
| 8 | Election Code, from a person engaged in
a business or activity | ||||||
| 9 | over which the person has regulatory authority.
| ||||||
| 10 | (b) For the purpose of this Section, "employee of
an
| ||||||
| 11 | executive branch constitutional officer" means a full-time or | ||||||
| 12 | part-time
salaried
employee, full-time or part-time salaried | ||||||
| 13 | appointee, or any contractual
employee of any office, board,
| ||||||
| 14 | commission, agency, department, authority, administrative | ||||||
| 15 | unit, or corporate
outgrowth under the jurisdiction of an | ||||||
| 16 | executive branch constitutional officer;
and "regulatory | ||||||
| 17 | authority" means having the responsibility to investigate,
| ||||||
| 18 | inspect, license, or enforce regulatory measures necessary to | ||||||
| 19 | the requirements
of any
State or federal statute or regulation | ||||||
| 20 | relating to the business or activity.
| ||||||
| 21 | (c) An employee of an executive branch constitutional | ||||||
| 22 | officer, including one
who does not
have
regulatory authority, | ||||||
| 23 | commits a violation of this Section if that employee
knowingly | ||||||
| 24 | acts in concert with an employee of an executive
branch | ||||||
| 25 | constitutional officer who does
have regulatory authority to | ||||||
| |||||||
| |||||||
| 1 | solicit or receive contributions in violation of
this Section.
| ||||||
| 2 | (d) Solicitation misconduct (State government) is a Class A
| ||||||
| 3 | misdemeanor. An employee of an executive branch constitutional
| ||||||
| 4 | officer convicted of committing solicitation misconduct (State | ||||||
| 5 | government)
forfeits his or her employment.
| ||||||
| 6 | (e) An employee of an executive branch constitutional | ||||||
| 7 | officer who is
discharged, demoted, suspended,
threatened, | ||||||
| 8 | harassed, or in any other manner discriminated against in the | ||||||
| 9 | terms
and conditions of employment because of lawful acts done | ||||||
| 10 | by
the employee or on behalf of the employee or others in | ||||||
| 11 | furtherance of the
enforcement of this Section shall be | ||||||
| 12 | entitled to all relief necessary to make
the employee whole.
| ||||||
| 13 | (f) Any person who knowingly makes a false report of | ||||||
| 14 | solicitation
misconduct (State government) to the Illinois | ||||||
| 15 | State Police, the Attorney General, a
State's Attorney, or any | ||||||
| 16 | law enforcement official is guilty of a Class C
misdemeanor.
| ||||||
| 17 | (Source: P.A. 92-853, eff. 8-28-02.)
| ||||||
| 18 | (720 ILCS 5/33-3.2)
| ||||||
| 19 | Sec. 33-3.2. Solicitation misconduct (local government).
| ||||||
| 20 | (a) An employee of a chief executive officer of a local | ||||||
| 21 | government commits
solicitation misconduct (local government) | ||||||
| 22 | when, at any time, he or she
knowingly solicits or
receives | ||||||
| 23 | contributions, as that term is defined in Section 9-1.4 of the
| ||||||
| 24 | Election
Code, from a person engaged in a business or activity | ||||||
| 25 | over which the person has
regulatory authority.
| ||||||
| |||||||
| |||||||
| 1 | (b) For the purpose of this Section, "chief executive | ||||||
| 2 | officer of a
local government" means an executive officer of a | ||||||
| 3 | county, township or municipal
government or any administrative | ||||||
| 4 | subdivision under jurisdiction of the county,
township, or | ||||||
| 5 | municipal government including but not limited to: chairman or
| ||||||
| 6 | president of a county board or commission, mayor or village | ||||||
| 7 | president, township
supervisor, county executive, municipal | ||||||
| 8 | manager, assessor, auditor, clerk,
coroner,
recorder, sheriff | ||||||
| 9 | or State's Attorney; "employee of
a
chief
executive officer of | ||||||
| 10 | a local government" means a full-time or part-time
salaried | ||||||
| 11 | employee, full-time or part-time salaried appointee, or any
| ||||||
| 12 | contractual employee of any office,
board, commission, agency, | ||||||
| 13 | department, authority, administrative unit, or
corporate | ||||||
| 14 | outgrowth under the jurisdiction of a chief executive officer | ||||||
| 15 | of a
local government; and "regulatory authority" means having | ||||||
| 16 | the
responsibility to investigate, inspect, license, or | ||||||
| 17 | enforce regulatory measures
necessary to the requirements of | ||||||
| 18 | any State, local, or federal statute or
regulation
relating to | ||||||
| 19 | the business or activity.
| ||||||
| 20 | (c) An employee of a chief executive officer of a local | ||||||
| 21 | government,
including
one
who does not have regulatory | ||||||
| 22 | authority, commits a violation of this Section if
that employee | ||||||
| 23 | knowingly acts in concert with an employee of a chief
executive | ||||||
| 24 | officer
of a local government who does have regulatory | ||||||
| 25 | authority to solicit or
receive contributions in violation of | ||||||
| 26 | this Section.
| ||||||
| |||||||
| |||||||
| 1 | (d) Solicitation misconduct (local government) is a Class A
| ||||||
| 2 | misdemeanor. An employee of a
chief executive officer of a | ||||||
| 3 | local government convicted of committing
solicitation | ||||||
| 4 | misconduct (local government) forfeits his or her employment.
| ||||||
| 5 | (e) An employee of a chief executive officer of a local | ||||||
| 6 | government who is
discharged, demoted, suspended,
threatened, | ||||||
| 7 | harassed, or in any other manner discriminated against in the | ||||||
| 8 | terms
and conditions of employment because of lawful acts done
| ||||||
| 9 | by
the employee or on behalf of the employee or others in | ||||||
| 10 | furtherance of the
enforcement of this Section shall be | ||||||
| 11 | entitled to all relief necessary to make
the employee whole.
| ||||||
| 12 | (f) Any person who knowingly makes a false report of | ||||||
| 13 | solicitation
misconduct (local government) to the Illinois | ||||||
| 14 | State Police, the Attorney General, a
State's Attorney, or any | ||||||
| 15 | law enforcement official is guilty of a Class C
misdemeanor.
| ||||||
| 16 | (Source: P.A. 92-853, eff. 8-28-02.)
| ||||||
| 17 | (720 ILCS 5/36-1.1) | ||||||
| 18 | Sec. 36-1.1. Seizure. | ||||||
| 19 | (a) Any property subject to forfeiture under this Article | ||||||
| 20 | may be seized and impounded by the Director of the Illinois | ||||||
| 21 | State Police or any peace officer upon process or seizure | ||||||
| 22 | warrant issued by any court having jurisdiction over the | ||||||
| 23 | property. | ||||||
| 24 | (b) Any property subject to forfeiture under this Article | ||||||
| 25 | may be seized and impounded by the Director of the Illinois | ||||||
| |||||||
| |||||||
| 1 | State Police or any peace officer without process if there is | ||||||
| 2 | probable cause to believe that the property is subject to | ||||||
| 3 | forfeiture under Section 36-1 of this Article and the property | ||||||
| 4 | is seized under circumstances in which a warrantless seizure or | ||||||
| 5 | arrest would be reasonable. | ||||||
| 6 | (c) If the seized property is a conveyance, an | ||||||
| 7 | investigation shall be made by the law enforcement agency as to | ||||||
| 8 | any person whose right, title, interest, or lien is of record | ||||||
| 9 | in the office of the agency or official in which title to or | ||||||
| 10 | interest in the conveyance is required by law to be recorded. | ||||||
| 11 | (d) After seizure under this Section, notice shall be given | ||||||
| 12 | to all known interest holders that forfeiture proceedings, | ||||||
| 13 | including a preliminary review, may be instituted and the | ||||||
| 14 | proceedings may be instituted under this Article.
| ||||||
| 15 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
| ||||||
| 16 | (720 ILCS 5/36-1.3) | ||||||
| 17 | Sec. 36-1.3. Safekeeping of seized property pending | ||||||
| 18 | disposition. | ||||||
| 19 | (a) Property seized under this Article is deemed to be in | ||||||
| 20 | the custody of the Director of the Illinois State Police, | ||||||
| 21 | subject only to the order and judgments of the circuit court | ||||||
| 22 | having jurisdiction over the forfeiture proceedings and the | ||||||
| 23 | decisions of the State's Attorney under this Article. | ||||||
| 24 | (b) If property is seized under this Article, the seizing | ||||||
| 25 | agency shall promptly conduct an inventory of the seized | ||||||
| |||||||
| |||||||
| 1 | property and estimate the property's value and shall forward a | ||||||
| 2 | copy of the inventory of seized property and the estimate of | ||||||
| 3 | the property's value to the Director of the Illinois State | ||||||
| 4 | Police. Upon receiving notice of seizure, the Director of the | ||||||
| 5 | Illinois State Police may: | ||||||
| 6 | (1) place the property under seal; | ||||||
| 7 | (2) remove the property to a place designated by the | ||||||
| 8 | Director of the Illinois State Police; | ||||||
| 9 | (3) keep the property in the possession of the seizing | ||||||
| 10 | agency; | ||||||
| 11 | (4) remove the property to a storage area for | ||||||
| 12 | safekeeping; | ||||||
| 13 | (5) place the property under constructive seizure by | ||||||
| 14 | posting notice of pending forfeiture on it, by giving | ||||||
| 15 | notice of pending forfeiture to its owners and interest | ||||||
| 16 | holders, or by filing notice of pending forfeiture in any | ||||||
| 17 | appropriate public record relating to the property; or | ||||||
| 18 | (6) provide for another agency or custodian, including | ||||||
| 19 | an owner, secured party, or lienholder, to take custody of | ||||||
| 20 | the property upon the terms and conditions set by the | ||||||
| 21 | seizing agency. | ||||||
| 22 | (c) The seizing agency shall exercise ordinary care to | ||||||
| 23 | protect the subject of the forfeiture from negligent loss, | ||||||
| 24 | damage, or destruction. | ||||||
| 25 | (d) Property seized or forfeited under this Article is | ||||||
| 26 | subject to reporting under the Seizure and Forfeiture Reporting | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; | ||||||
| 3 | 100-1163, eff. 12-20-18.)
| ||||||
| 4 | (720 ILCS 5/36-2.2) | ||||||
| 5 | Sec. 36-2.2. Replevin prohibited; return of personal | ||||||
| 6 | property inside seized conveyance. | ||||||
| 7 | (a) Property seized under this Article shall not be subject | ||||||
| 8 | to replevin, but is deemed to be in the custody of the Director | ||||||
| 9 | of the Illinois State Police, subject only to the order and | ||||||
| 10 | judgments of the circuit court having jurisdiction over the | ||||||
| 11 | forfeiture proceedings and the decisions of the State's | ||||||
| 12 | Attorney. | ||||||
| 13 | (b) A claimant or a party interested in personal property | ||||||
| 14 | contained within a seized conveyance may file a motion with the | ||||||
| 15 | court in a judicial forfeiture action for the return of any | ||||||
| 16 | personal property contained within a conveyance seized under | ||||||
| 17 | this Article. The return of personal property shall not be | ||||||
| 18 | unreasonably withheld if the personal property is not | ||||||
| 19 | mechanically or electrically coupled to the conveyance, needed | ||||||
| 20 | for evidentiary purposes, or otherwise contraband. A law | ||||||
| 21 | enforcement agency that returns property under a court order | ||||||
| 22 | under this Section shall not be liable to any person who claims | ||||||
| 23 | ownership to the property if the property is returned to an | ||||||
| 24 | improper party.
| ||||||
| 25 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/36-7) | ||||||
| 2 | Sec. 36-7. Distribution of proceeds; selling or retaining | ||||||
| 3 | seized property prohibited. | ||||||
| 4 | (a) Except as otherwise provided in this Section, the court | ||||||
| 5 | shall order that property forfeited under this Article be | ||||||
| 6 | delivered to the Illinois Department of State Police within 60 | ||||||
| 7 | days. | ||||||
| 8 | (b) The Illinois Department of State Police or its designee | ||||||
| 9 | shall dispose of all property at public auction and shall | ||||||
| 10 | distribute the proceeds of the sale, together with any moneys | ||||||
| 11 | forfeited or seized, under subsection (c) of this Section. | ||||||
| 12 | (c) All moneys and the sale proceeds of all other property | ||||||
| 13 | forfeited and seized under this Act shall be distributed as | ||||||
| 14 | follows: | ||||||
| 15 | (1) 65% shall be distributed to the drug task force, | ||||||
| 16 | metropolitan enforcement group, local, municipal, county, | ||||||
| 17 | or State law enforcement agency or agencies that conducted | ||||||
| 18 | or participated in the investigation resulting in the | ||||||
| 19 | forfeiture. The distribution shall bear a reasonable | ||||||
| 20 | relationship to the degree of direct participation of the | ||||||
| 21 | law enforcement agency in the effort resulting in the | ||||||
| 22 | forfeiture, taking into account the total value of the | ||||||
| 23 | property forfeited and the total law enforcement effort | ||||||
| 24 | with respect to the violation of the law upon which the | ||||||
| 25 | forfeiture is based. Amounts distributed to the agency or | ||||||
| |||||||
| |||||||
| 1 | agencies shall be used, at the discretion of the agency, | ||||||
| 2 | for the enforcement of criminal laws; or for public | ||||||
| 3 | education in the community or schools in the prevention or | ||||||
| 4 | detection of the abuse of drugs or alcohol; or for security | ||||||
| 5 | cameras used for the prevention or detection of violence, | ||||||
| 6 | except that amounts distributed to the Secretary of State | ||||||
| 7 | shall be deposited into the Secretary of State Evidence | ||||||
| 8 | Fund to be used as provided in Section 2-115 of the | ||||||
| 9 | Illinois Vehicle Code. | ||||||
| 10 | Any local, municipal, or county law enforcement agency | ||||||
| 11 | entitled to receive a monetary distribution of forfeiture | ||||||
| 12 | proceeds may share those forfeiture proceeds pursuant to | ||||||
| 13 | the terms of an intergovernmental agreement with a | ||||||
| 14 | municipality that has a population in excess of 20,000 if: | ||||||
| 15 | (A) the receiving agency has entered into an | ||||||
| 16 | intergovernmental agreement with the municipality to | ||||||
| 17 | provide police services; | ||||||
| 18 | (B) the intergovernmental agreement for police | ||||||
| 19 | services provides for consideration in an amount of not | ||||||
| 20 | less than $1,000,000 per year; | ||||||
| 21 | (C) the seizure took place within the geographical | ||||||
| 22 | limits of the municipality; and | ||||||
| 23 | (D) the funds are used only for the enforcement of | ||||||
| 24 | criminal laws; for public education in the community or | ||||||
| 25 | schools in the prevention or detection of the abuse of | ||||||
| 26 | drugs or alcohol; or for security cameras used for the | ||||||
| |||||||
| |||||||
| 1 | prevention or detection of violence or the
| ||||||
| 2 | establishment of a municipal police force, including | ||||||
| 3 | the training of officers, construction of a police | ||||||
| 4 | station, the purchase of law enforcement equipment, or | ||||||
| 5 | vehicles. | ||||||
| 6 | (2) 12.5% shall be distributed to the Office of the | ||||||
| 7 | State's Attorney of the county in which the prosecution | ||||||
| 8 | resulting in the forfeiture was instituted, deposited in a | ||||||
| 9 | special fund in the county treasury and appropriated to the | ||||||
| 10 | State's Attorney for use, at the discretion of the State's | ||||||
| 11 | Attorney, in the enforcement of criminal laws; or for | ||||||
| 12 | public education in the community or schools in the | ||||||
| 13 | prevention or detection of the abuse of drugs or alcohol; | ||||||
| 14 | or at the discretion of the State's Attorney, in addition | ||||||
| 15 | to other authorized purposes, to make grants to local | ||||||
| 16 | substance abuse treatment facilities and half-way houses. | ||||||
| 17 | In counties over 3,000,000 population, 25% will be | ||||||
| 18 | distributed to the Office of the State's Attorney for use, | ||||||
| 19 | at the discretion of the State's Attorney, in the | ||||||
| 20 | enforcement of criminal laws; or for public education in | ||||||
| 21 | the community or schools in the prevention or detection of | ||||||
| 22 | the abuse of drugs or alcohol; or at the discretion of the | ||||||
| 23 | State's Attorney, in addition to other authorized | ||||||
| 24 | purposes, to make grants to local substance abuse treatment | ||||||
| 25 | facilities and half-way houses. If the prosecution is | ||||||
| 26 | undertaken solely by the Attorney General, the portion | ||||||
| |||||||
| |||||||
| 1 | provided shall be distributed to the Attorney General for | ||||||
| 2 | use in the enforcement of criminal laws governing cannabis | ||||||
| 3 | and controlled substances or for public education in the | ||||||
| 4 | community or schools in the prevention or detection of the | ||||||
| 5 | abuse of drugs or alcohol. | ||||||
| 6 | 12.5% shall be distributed to the Office of the State's | ||||||
| 7 | Attorneys Appellate Prosecutor and shall be used at the | ||||||
| 8 | discretion of the State's Attorneys Appellate Prosecutor | ||||||
| 9 | for additional expenses incurred in the investigation, | ||||||
| 10 | prosecution and appeal of cases arising in the enforcement | ||||||
| 11 | of criminal laws; or for public education in the community | ||||||
| 12 | or schools in the prevention or detection of the abuse of | ||||||
| 13 | drugs or alcohol. The Office of the State's Attorneys | ||||||
| 14 | Appellate Prosecutor shall not receive distribution from | ||||||
| 15 | cases brought in counties with over 3,000,000 population. | ||||||
| 16 | (3) 10% shall be retained by the Illinois Department of | ||||||
| 17 | State Police for expenses related to the administration and | ||||||
| 18 | sale of seized and forfeited property. | ||||||
| 19 | (d) A law enforcement agency shall not retain forfeited | ||||||
| 20 | property for its own use or transfer the property to any person | ||||||
| 21 | or entity, except as provided under this Section. A law | ||||||
| 22 | enforcement agency may apply in writing to the Director of the | ||||||
| 23 | Illinois State Police to request that forfeited property be | ||||||
| 24 | awarded to the agency for a specifically articulated official | ||||||
| 25 | law enforcement use in an investigation. The Director of the | ||||||
| 26 | Illinois State Police shall provide a written justification in | ||||||
| |||||||
| |||||||
| 1 | each instance detailing the reasons why the forfeited property | ||||||
| 2 | was placed into official use, and the justification shall be | ||||||
| 3 | retained for a period of not less than 3 years.
| ||||||
| 4 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
| ||||||
| 5 | Section 985. The Cannabis Control Act is amended by | ||||||
| 6 | changing Sections 3, 4, 8, 10.2, 11, 15.2, 16.2, and 17 as | ||||||
| 7 | follows:
| ||||||
| 8 | (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
| ||||||
| 9 | Sec. 3. As used in this Act, unless the context otherwise | ||||||
| 10 | requires:
| ||||||
| 11 | (a) "Cannabis" includes marihuana, hashish and other | ||||||
| 12 | substances which
are identified as including any parts of the | ||||||
| 13 | plant Cannabis Sativa, whether
growing or not; the seeds | ||||||
| 14 | thereof, the resin extracted from any part of
such plant; and | ||||||
| 15 | any compound, manufacture, salt, derivative, mixture, or
| ||||||
| 16 | preparation of such plant, its seeds, or resin, including | ||||||
| 17 | tetrahydrocannabinol
(THC) and all other cannabinol | ||||||
| 18 | derivatives, including its naturally occurring
or | ||||||
| 19 | synthetically produced ingredients, whether produced directly | ||||||
| 20 | or indirectly
by extraction, or independently by means of | ||||||
| 21 | chemical synthesis or by a
combination
of extraction and | ||||||
| 22 | chemical synthesis; but shall not include the mature stalks
of | ||||||
| 23 | such plant, fiber produced from such stalks, oil or cake made | ||||||
| 24 | from the
seeds of such plant, any other compound, manufacture, | ||||||
| |||||||
| |||||||
| 1 | salt, derivative,
mixture, or preparation of such mature stalks | ||||||
| 2 | (except the resin extracted
therefrom), fiber, oil or cake, or | ||||||
| 3 | the sterilized seed of such plant which
is incapable of | ||||||
| 4 | germination.
| ||||||
| 5 | (b) "Casual delivery" means the delivery of not more than | ||||||
| 6 | 10 grams of
any substance containing cannabis without | ||||||
| 7 | consideration.
| ||||||
| 8 | (c) "Department" means the Illinois Department of Human | ||||||
| 9 | Services (as
successor to the Department of Alcoholism and | ||||||
| 10 | Substance Abuse) or its successor agency.
| ||||||
| 11 | (d) "Deliver" or "delivery" means the actual, constructive | ||||||
| 12 | or attempted
transfer of possession of cannabis, with or | ||||||
| 13 | without consideration, whether
or not there is an agency | ||||||
| 14 | relationship.
| ||||||
| 15 | (e) (Blank). "Department of State Police" means the | ||||||
| 16 | Department
of State Police of the State of Illinois or its | ||||||
| 17 | successor agency.
| ||||||
| 18 | (f) "Director" means the Director of the Illinois | ||||||
| 19 | Department of State Police
or his designated agent.
| ||||||
| 20 | (g) "Local authorities" means a duly organized State, | ||||||
| 21 | county, or municipal
peace unit or police force.
| ||||||
| 22 | (h) "Manufacture" means the production, preparation, | ||||||
| 23 | propagation,
compounding,
conversion or processing of | ||||||
| 24 | cannabis, either directly or indirectly, by
extraction from | ||||||
| 25 | substances of natural origin, or independently by means
of | ||||||
| 26 | chemical synthesis, or by a combination of extraction and | ||||||
| |||||||
| |||||||
| 1 | chemical
synthesis,
and includes any packaging or repackaging | ||||||
| 2 | of cannabis or labeling of its
container, except that this term | ||||||
| 3 | does not include the preparation, compounding,
packaging, or | ||||||
| 4 | labeling of cannabis as an incident to lawful research, | ||||||
| 5 | teaching,
or chemical analysis and not for sale.
| ||||||
| 6 | (i) "Person" means any individual, corporation, government | ||||||
| 7 | or governmental
subdivision or agency, business trust, estate, | ||||||
| 8 | trust, partnership or association,
or any other entity.
| ||||||
| 9 | (j) "Produce" or "production" means planting, cultivating, | ||||||
| 10 | tending or harvesting.
| ||||||
| 11 | (k) "State" includes the State of Illinois and any state, | ||||||
| 12 | district, commonwealth,
territory, insular possession thereof, | ||||||
| 13 | and any area subject to the legal
authority of the United | ||||||
| 14 | States of America.
| ||||||
| 15 | (l) "Subsequent offense" means an offense under this Act, | ||||||
| 16 | the offender
of which, prior to his conviction of the offense, | ||||||
| 17 | has at any time been convicted
under this Act or under any laws | ||||||
| 18 | of the United States or of any state relating
to cannabis, or | ||||||
| 19 | any controlled substance as defined in the Illinois Controlled
| ||||||
| 20 | Substances Act.
| ||||||
| 21 | (Source: P.A. 100-1091, eff. 8-26-18; 101-593, eff. 12-4-19.)
| ||||||
| 22 | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| ||||||
| 23 | Sec. 4. Except as otherwise provided in the Cannabis | ||||||
| 24 | Regulation and Tax Act and the Industrial Hemp Act, it is | ||||||
| 25 | unlawful for any person knowingly to possess cannabis. | ||||||
| |||||||
| |||||||
| 1 | Any person
who violates this Section with respect to:
| ||||||
| 2 | (a) not more than 10 grams of any substance containing | ||||||
| 3 | cannabis is
guilty of a civil law violation punishable by a | ||||||
| 4 | minimum fine of $100 and a maximum fine of $200. The | ||||||
| 5 | proceeds of the fine shall be payable to the clerk of the | ||||||
| 6 | circuit court. Within 30 days after the deposit of the | ||||||
| 7 | fine, the clerk shall distribute the proceeds of the fine | ||||||
| 8 | as follows: | ||||||
| 9 | (1) $10 of the fine to the circuit clerk and $10 of | ||||||
| 10 | the fine to the law enforcement agency that issued the | ||||||
| 11 | citation; the proceeds of each $10 fine distributed to | ||||||
| 12 | the circuit clerk and each $10 fine distributed to the | ||||||
| 13 | law enforcement agency that issued the citation for the | ||||||
| 14 | violation shall be used to defer the cost of automatic | ||||||
| 15 | expungements under paragraph (2.5) of subsection (a) | ||||||
| 16 | of Section 5.2 of the Criminal Identification Act; | ||||||
| 17 | (2) $15 to the county to fund drug addiction | ||||||
| 18 | services; | ||||||
| 19 | (3) $10 to the Office of the State's Attorneys | ||||||
| 20 | Appellate Prosecutor for use in training programs; | ||||||
| 21 | (4) $10 to the State's Attorney; and | ||||||
| 22 | (5) any remainder of the fine to the law | ||||||
| 23 | enforcement agency that issued the citation for the | ||||||
| 24 | violation. | ||||||
| 25 | With respect to funds designated for the Illinois | ||||||
| 26 | Department of State Police, the moneys shall be remitted by | ||||||
| |||||||
| |||||||
| 1 | the circuit court clerk to the Illinois Department of State | ||||||
| 2 | Police within one month after receipt for deposit into the | ||||||
| 3 | State Police Operations Assistance Fund. With respect to | ||||||
| 4 | funds designated for the Department of Natural Resources, | ||||||
| 5 | the Department of Natural Resources shall deposit the | ||||||
| 6 | moneys into the Conservation Police Operations Assistance | ||||||
| 7 | Fund;
| ||||||
| 8 | (b) more than 10 grams but not more than 30 grams of | ||||||
| 9 | any substance
containing cannabis is guilty of a Class B | ||||||
| 10 | misdemeanor;
| ||||||
| 11 | (c) more than 30 grams but not more than 100 grams of | ||||||
| 12 | any substance
containing cannabis is guilty of a Class A | ||||||
| 13 | misdemeanor; provided, that if
any offense under this | ||||||
| 14 | subsection (c) is a subsequent offense, the offender
shall | ||||||
| 15 | be guilty of a Class 4 felony;
| ||||||
| 16 | (d) more than 100 grams but not more than 500 grams of | ||||||
| 17 | any substance
containing cannabis is guilty of a Class 4 | ||||||
| 18 | felony; provided that if any
offense under this subsection | ||||||
| 19 | (d) is a subsequent offense, the offender
shall be guilty | ||||||
| 20 | of a Class 3 felony;
| ||||||
| 21 | (e) more than 500 grams but not more than 2,000 grams | ||||||
| 22 | of any substance
containing cannabis is guilty
of a Class 3 | ||||||
| 23 | felony;
| ||||||
| 24 | (f) more than 2,000 grams but not more than 5,000 grams | ||||||
| 25 | of any
substance containing cannabis is guilty of a Class 2 | ||||||
| 26 | felony;
| ||||||
| |||||||
| |||||||
| 1 | (g) more than 5,000 grams of any substance containing | ||||||
| 2 | cannabis is guilty
of a Class 1 felony.
| ||||||
| 3 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 4 | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
| ||||||
| 5 | Sec. 8. Except as otherwise provided in the Cannabis | ||||||
| 6 | Regulation and Tax Act and the Industrial Hemp Act, it is | ||||||
| 7 | unlawful for any person knowingly to produce the Cannabis
| ||||||
| 8 | sativa plant or to possess such plants unless production or | ||||||
| 9 | possession
has been authorized pursuant to the provisions of | ||||||
| 10 | Section 11 or 15.2 of the Act.
Any person who violates this | ||||||
| 11 | Section with respect to production or possession of:
| ||||||
| 12 | (a) Not more than 5 plants is guilty of a civil | ||||||
| 13 | violation punishable by a minimum fine of $100 and a | ||||||
| 14 | maximum fine of $200. The proceeds of the fine are payable | ||||||
| 15 | to the clerk of the circuit court. Within 30 days after the | ||||||
| 16 | deposit of the fine, the clerk shall distribute the | ||||||
| 17 | proceeds of the fine as follows: | ||||||
| 18 | (1) $10 of the fine to the circuit clerk and $10 of | ||||||
| 19 | the fine to the law enforcement agency that issued the | ||||||
| 20 | citation; the proceeds of each $10 fine distributed to | ||||||
| 21 | the circuit clerk and each $10 fine distributed to the | ||||||
| 22 | law enforcement agency that issued the citation for the | ||||||
| 23 | violation shall be used to defer the cost of automatic | ||||||
| 24 | expungements under paragraph (2.5) of subsection (a) | ||||||
| 25 | of Section 5.2 of the Criminal Identification Act; | ||||||
| |||||||
| |||||||
| 1 | (2) $15 to the county to fund drug addiction | ||||||
| 2 | services; | ||||||
| 3 | (3) $10 to the Office of the State's Attorneys | ||||||
| 4 | Appellate Prosecutor for use in training programs; | ||||||
| 5 | (4) $10 to the State's Attorney; and | ||||||
| 6 | (5) any remainder of the fine to the law | ||||||
| 7 | enforcement agency that issued the citation for the | ||||||
| 8 | violation. | ||||||
| 9 | With respect to funds designated for the Illinois | ||||||
| 10 | Department of State Police, the moneys shall be remitted by | ||||||
| 11 | the circuit court clerk to the Illinois Department of State | ||||||
| 12 | Police within one month after receipt for deposit into the | ||||||
| 13 | State Police Operations Assistance Fund. With respect to | ||||||
| 14 | funds designated for the Department of Natural Resources, | ||||||
| 15 | the Department of Natural Resources shall deposit the | ||||||
| 16 | moneys into the Conservation Police Operations Assistance | ||||||
| 17 | Fund.
| ||||||
| 18 | (b) More than 5, but not more than 20 plants, is guilty
| ||||||
| 19 | of a Class 4 felony.
| ||||||
| 20 | (c) More than 20, but not more than 50 plants, is
| ||||||
| 21 | guilty of a Class 3 felony.
| ||||||
| 22 | (d) More than 50, but not more than 200 plants, is | ||||||
| 23 | guilty of a Class 2 felony for which
a fine not to exceed | ||||||
| 24 | $100,000 may be imposed and for which liability for
the | ||||||
| 25 | cost of conducting the investigation and eradicating such | ||||||
| 26 | plants may be
assessed. Compensation for expenses incurred | ||||||
| |||||||
| |||||||
| 1 | in the enforcement of this
provision shall be transmitted | ||||||
| 2 | to and deposited in the treasurer's office
at the level of | ||||||
| 3 | government represented by the Illinois law enforcement
| ||||||
| 4 | agency whose officers or employees conducted the | ||||||
| 5 | investigation or caused
the arrest or arrests leading to | ||||||
| 6 | the prosecution, to be subsequently made
available to that | ||||||
| 7 | law enforcement agency as expendable receipts for use in
| ||||||
| 8 | the enforcement of laws regulating controlled substances | ||||||
| 9 | and cannabis. If
such seizure was made by a combination of | ||||||
| 10 | law enforcement personnel
representing different levels of | ||||||
| 11 | government, the court levying the
assessment shall | ||||||
| 12 | determine the allocation of such assessment. The proceeds
| ||||||
| 13 | of assessment awarded to the State treasury shall be | ||||||
| 14 | deposited in a special
fund known as the Drug Traffic | ||||||
| 15 | Prevention Fund. | ||||||
| 16 | (e) More than 200 plants is guilty of a Class 1 felony | ||||||
| 17 | for which
a fine not to exceed $100,000 may be imposed and | ||||||
| 18 | for which liability for
the cost of conducting the | ||||||
| 19 | investigation and eradicating such plants may be
assessed. | ||||||
| 20 | Compensation for expenses incurred in the enforcement of | ||||||
| 21 | this
provision shall be transmitted to and deposited in the | ||||||
| 22 | treasurer's office
at the level of government represented | ||||||
| 23 | by the Illinois law enforcement
agency whose officers or | ||||||
| 24 | employees conducted the investigation or caused
the arrest | ||||||
| 25 | or arrests leading to the prosecution, to be subsequently | ||||||
| 26 | made
available to that law enforcement agency as expendable | ||||||
| |||||||
| |||||||
| 1 | receipts for use in
the enforcement of laws regulating | ||||||
| 2 | controlled substances and cannabis. If
such seizure was | ||||||
| 3 | made by a combination of law enforcement personnel
| ||||||
| 4 | representing different levels of government, the court | ||||||
| 5 | levying the
assessment shall determine the allocation of | ||||||
| 6 | such assessment. The proceeds
of assessment awarded to the | ||||||
| 7 | State treasury shall be deposited in a special
fund known | ||||||
| 8 | as the Drug Traffic Prevention Fund.
| ||||||
| 9 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
| ||||||
| 10 | (720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
| ||||||
| 11 | Sec. 10.2. (a) Twelve and one-half percent of all amounts | ||||||
| 12 | collected
as fines pursuant to the provisions of this Act shall | ||||||
| 13 | be paid into the
Youth Drug Abuse Prevention Fund, which is | ||||||
| 14 | hereby created in the State
treasury, to be used by the | ||||||
| 15 | Department of Human Services
for the funding of programs and | ||||||
| 16 | services for drug-abuse treatment, and
prevention and | ||||||
| 17 | education services, for juveniles.
| ||||||
| 18 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
| 19 | all fines received
under the provisions of this Act shall be | ||||||
| 20 | transmitted to and deposited in
the treasurer's office at the | ||||||
| 21 | level of government as follows:
| ||||||
| 22 | (1) If such seizure was made by a combination of law | ||||||
| 23 | enforcement
personnel representing differing units of | ||||||
| 24 | local government, the court
levying the fine shall | ||||||
| 25 | equitably allocate 50% of the fine among these units
of | ||||||
| |||||||
| |||||||
| 1 | local government and shall allocate 37 1/2% to the county | ||||||
| 2 | general
corporate fund. In the event that the seizure was | ||||||
| 3 | made by law enforcement
personnel representing a unit of | ||||||
| 4 | local government from a municipality where
the number of | ||||||
| 5 | inhabitants exceeds 2 million in population, the court
| ||||||
| 6 | levying the fine shall allocate 87 1/2% of the fine to that | ||||||
| 7 | unit of local
government. If the seizure was made by a | ||||||
| 8 | combination of law enforcement
personnel representing | ||||||
| 9 | differing units of local government, and at least
one of | ||||||
| 10 | those units represents a municipality where the number of
| ||||||
| 11 | inhabitants exceeds 2 million in population, the court | ||||||
| 12 | shall equitably
allocate 87 1/2% of the proceeds of the | ||||||
| 13 | fines received among the differing
units of local | ||||||
| 14 | government.
| ||||||
| 15 | (2) If such seizure was made by State law enforcement | ||||||
| 16 | personnel, then
the court shall allocate 37 1/2% to the | ||||||
| 17 | State treasury and 50% to the
county general corporate | ||||||
| 18 | fund.
| ||||||
| 19 | (3) If a State law enforcement agency in combination | ||||||
| 20 | with a law
enforcement agency or agencies of a unit or | ||||||
| 21 | units of local government
conducted the seizure, the court | ||||||
| 22 | shall equitably allocate 37 1/2% of the
fines to or among | ||||||
| 23 | the law enforcement agency or agencies of the unit or
units | ||||||
| 24 | of local government which conducted the seizure and shall | ||||||
| 25 | allocate
50% to the county general corporate fund.
| ||||||
| 26 | (c) The proceeds of all fines allocated to the law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency or
agencies of the unit or units of local | ||||||
| 2 | government pursuant to subsection
(b) shall be made available | ||||||
| 3 | to that law enforcement agency as expendable
receipts for use | ||||||
| 4 | in the enforcement of laws regulating controlled
substances and | ||||||
| 5 | cannabis. The proceeds of fines awarded to the State
treasury | ||||||
| 6 | shall be deposited in a special fund known as the Drug Traffic
| ||||||
| 7 | Prevention Fund, except that amounts distributed to the | ||||||
| 8 | Secretary of State
shall be deposited into the Secretary of | ||||||
| 9 | State Evidence Fund to be used as
provided in Section 2-115 of | ||||||
| 10 | the Illinois Vehicle Code.
Monies from this fund may be used by | ||||||
| 11 | the Illinois Department of State Police for use in the | ||||||
| 12 | enforcement of laws regulating controlled
substances and | ||||||
| 13 | cannabis; to satisfy funding provisions of the
| ||||||
| 14 | Intergovernmental Drug Laws Enforcement Act; to defray costs | ||||||
| 15 | and expenses
associated with returning violators of this Act, | ||||||
| 16 | the Illinois Controlled
Substances Act, and the | ||||||
| 17 | Methamphetamine Control and Community Protection Act only, as | ||||||
| 18 | provided in such Acts, when punishment of the crime
shall be | ||||||
| 19 | confinement of the criminal in the penitentiary; and all other
| ||||||
| 20 | monies shall be paid into the general revenue fund in the State | ||||||
| 21 | treasury.
| ||||||
| 22 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
| 23 | (720 ILCS 550/11) (from Ch. 56 1/2, par. 711)
| ||||||
| 24 | Sec. 11.
(a) The Department, with the written approval of | ||||||
| 25 | the
Illinois Department of State Police, may authorize the | ||||||
| |||||||
| |||||||
| 1 | possession,
production,
manufacture and delivery of substances | ||||||
| 2 | containing cannabis by persons
engaged in research and when | ||||||
| 3 | such authorization is requested by a
physician licensed to | ||||||
| 4 | practice medicine in all its branches, such
authorization shall | ||||||
| 5 | issue without unnecessary delay where the Department
finds that | ||||||
| 6 | such physician licensed to practice medicine in all its
| ||||||
| 7 | branches has certified that such possession, production, | ||||||
| 8 | manufacture or
delivery of such substance is necessary for the | ||||||
| 9 | treatment of glaucoma,
the side effects of chemotherapy or | ||||||
| 10 | radiation therapy in cancer patients or such other
procedure | ||||||
| 11 | certified to be medically necessary; such authorization shall
| ||||||
| 12 | be, upon such terms and conditions as may be consistent with | ||||||
| 13 | the public
health and safety. To the extent of the applicable | ||||||
| 14 | authorization,
persons are exempt from prosecution in this | ||||||
| 15 | State for possession,
production, manufacture or delivery of | ||||||
| 16 | cannabis.
| ||||||
| 17 | (b) Persons registered under Federal law to conduct | ||||||
| 18 | research with
cannabis may conduct research with cannabis | ||||||
| 19 | including, but not limited
to treatment by a physician licensed | ||||||
| 20 | to practice medicine in all its
branches for glaucoma, the side | ||||||
| 21 | effects of chemotherapy or radiation therapy
in cancer
patients | ||||||
| 22 | or such other procedure which is medically necessary within
| ||||||
| 23 | this State upon furnishing evidence of that Federal | ||||||
| 24 | registration and
notification of the scope and purpose of such | ||||||
| 25 | research to the Department
and to the Illinois Department of | ||||||
| 26 | State Police of that Federal
registration.
| ||||||
| |||||||
| |||||||
| 1 | (c) Persons authorized to engage in research may be | ||||||
| 2 | authorized by
the Department to protect the privacy of | ||||||
| 3 | individuals who are the
subjects of such research by | ||||||
| 4 | withholding from all persons not connected
with the conduct of | ||||||
| 5 | the research the names and other identifying
characteristics of | ||||||
| 6 | such individuals. Persons who are given this
authorization | ||||||
| 7 | shall not be compelled in any civil, criminal,
administrative, | ||||||
| 8 | legislative or other proceeding to identify the
individuals who | ||||||
| 9 | are the subjects of research for which the authorization
was | ||||||
| 10 | granted, except to the extent necessary to permit the | ||||||
| 11 | Department to
determine whether the research is being conducted | ||||||
| 12 | in accordance with the
authorization.
| ||||||
| 13 | (Source: P.A. 84-25.)
| ||||||
| 14 | (720 ILCS 550/15.2) | ||||||
| 15 | Sec. 15.2. Industrial hemp pilot program. | ||||||
| 16 | (a) Pursuant to Section 7606 of the federal Agricultural | ||||||
| 17 | Act of 2014, an institution of higher education or the | ||||||
| 18 | Department of Agriculture may grow or cultivate industrial hemp | ||||||
| 19 | if: | ||||||
| 20 | (1) the industrial hemp is grown or cultivated for | ||||||
| 21 | purposes of research conducted under an agricultural pilot | ||||||
| 22 | program or other agricultural or academic research; | ||||||
| 23 | (2) the pilot program studies the growth, cultivation, | ||||||
| 24 | or marketing of industrial hemp; and | ||||||
| 25 | (3) any site used for the growing or cultivating of | ||||||
| |||||||
| |||||||
| 1 | industrial hemp is certified by, and registered with, the | ||||||
| 2 | Department of Agriculture. | ||||||
| 3 | (b) Before conducting industrial hemp research, an | ||||||
| 4 | institution of higher education shall notify the Department of | ||||||
| 5 | Agriculture and any local law enforcement agency in writing. | ||||||
| 6 | (c) The institution of higher education shall provide | ||||||
| 7 | quarterly reports and an annual report to the
Department of | ||||||
| 8 | Agriculture on the research and the research program shall be | ||||||
| 9 | subject to random inspection by the Department of Agriculture, | ||||||
| 10 | the Illinois Department of State Police, or local law | ||||||
| 11 | enforcement agencies. The institution of higher education | ||||||
| 12 | shall submit the annual report to the Department of Agriculture | ||||||
| 13 | on or before October 1. | ||||||
| 14 | (d) The Department of Agriculture may adopt rules to | ||||||
| 15 | implement this Section. In order to provide for the expeditious | ||||||
| 16 | and timely implementation of this Section, upon notification by | ||||||
| 17 | an institution of higher education that the institution wishes | ||||||
| 18 | to engage in the growth or cultivation of industrial hemp for | ||||||
| 19 | agricultural research purposes, the Department of Agriculture | ||||||
| 20 | may adopt emergency rules under Section 5-45 of the Illinois | ||||||
| 21 | Administrative Procedure Act to implement the provisions of | ||||||
| 22 | this Section. If changes to the rules are required to comply | ||||||
| 23 | with federal rules, the Department of Agriculture may adopt | ||||||
| 24 | peremptory rules as necessary to comply with changes to | ||||||
| 25 | corresponding federal rules. All other rules that the | ||||||
| 26 | Department of Agriculture deems necessary to adopt in | ||||||
| |||||||
| |||||||
| 1 | connection with this Section must proceed through the ordinary | ||||||
| 2 | rule-making process. The adoption of emergency rules | ||||||
| 3 | authorized by this Section shall be deemed to be necessary for | ||||||
| 4 | the public interest, safety, and welfare. | ||||||
| 5 | The Department of Agriculture may determine, by rule, the | ||||||
| 6 | duration of an institution of higher education's pilot program | ||||||
| 7 | or industrial hemp research. If the institution of higher | ||||||
| 8 | education has not completed its program within the timeframe | ||||||
| 9 | established by rule, then the Department of Agriculture may | ||||||
| 10 | grant an extension to the pilot program if unanticipated | ||||||
| 11 | circumstances arose that impacted the program. | ||||||
| 12 | (e) As used in this Section: | ||||||
| 13 | "Industrial hemp" means cannabis sativa L. having no more | ||||||
| 14 | than 0.3% total THC available, upon heating, or maximum delta-9 | ||||||
| 15 | tetrahydrocannabinol content possible. | ||||||
| 16 | "Institution of higher education" means a State | ||||||
| 17 | institution of higher education that offers a 4-year degree in | ||||||
| 18 | agricultural science.
| ||||||
| 19 | (Source: P.A. 98-1072, eff. 1-1-15; 99-78, eff. 7-20-15.)
| ||||||
| 20 | (720 ILCS 550/16.2) | ||||||
| 21 | Sec. 16.2. Preservation of cannabis or cannabis sativa | ||||||
| 22 | plants for laboratory testing. | ||||||
| 23 | (a) Before or after the trial in a prosecution for a | ||||||
| 24 | violation of Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law | ||||||
| 25 | enforcement agency or an agent acting on behalf of the law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency must preserve, subject to a continuous chain | ||||||
| 2 | of custody, not less than 6,001 grams of any substance | ||||||
| 3 | containing cannabis and not less than 51 cannabis sativa plants | ||||||
| 4 | with respect to the offenses enumerated in this subsection (a) | ||||||
| 5 | and must maintain sufficient documentation to locate that | ||||||
| 6 | evidence. Excess quantities with respect to the offenses | ||||||
| 7 | enumerated in this subsection (a) cannot practicably be | ||||||
| 8 | retained by a law enforcement agency because of its size, bulk, | ||||||
| 9 | and physical character. | ||||||
| 10 | (b) The court may before trial transfer excess quantities | ||||||
| 11 | of any substance containing cannabis or cannabis sativa plants | ||||||
| 12 | with respect to a prosecution for any offense enumerated in | ||||||
| 13 | subsection (a) to the sheriff of the county, or may in its | ||||||
| 14 | discretion transfer such evidence to the Illinois Department of | ||||||
| 15 | State Police, for destruction after notice is given to the | ||||||
| 16 | defendant's attorney of record or to the defendant if the | ||||||
| 17 | defendant is proceeding pro se. | ||||||
| 18 | (c) After a judgment of conviction is entered and the | ||||||
| 19 | charged quantity is no longer needed for evidentiary purposes | ||||||
| 20 | with respect to a prosecution for any offense enumerated in | ||||||
| 21 | subsection (a), the court may transfer any substance containing | ||||||
| 22 | cannabis or cannabis sativa plants to the sheriff of the | ||||||
| 23 | county, or may in its discretion transfer such evidence to the | ||||||
| 24 | Illinois Department of State Police, for destruction after | ||||||
| 25 | notice is given to the defendant's attorney of record or to the | ||||||
| 26 | defendant if the defendant is proceeding pro se. No evidence | ||||||
| |||||||
| |||||||
| 1 | shall be disposed of until 30 days after the judgment is | ||||||
| 2 | entered, and if a notice of appeal is filed, no evidence shall | ||||||
| 3 | be disposed of until the mandate has been received by the | ||||||
| 4 | circuit court from the Appellate Court.
| ||||||
| 5 | (Source: P.A. 94-180, eff. 7-12-05.)
| ||||||
| 6 | (720 ILCS 550/17) (from Ch. 56 1/2, par. 717)
| ||||||
| 7 | Sec. 17.
It is hereby made the duty of the Illinois | ||||||
| 8 | Department of State Police, all
peace officers within the State | ||||||
| 9 | and of all State's attorneys, to enforce
all provisions of this | ||||||
| 10 | Act and to cooperate with all agencies charged with
the | ||||||
| 11 | enforcement of the laws of the United States, of this State, | ||||||
| 12 | and of all
other states, relating to cannabis.
| ||||||
| 13 | (Source: P.A. 84-25.)
| ||||||
| 14 | Section 990. The Illinois Controlled Substances Act is | ||||||
| 15 | amended by changing Section 102 as follows:
| ||||||
| 16 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
| 17 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
| 18 | context
otherwise requires:
| ||||||
| 19 | (a) "Addict" means any person who habitually uses any drug, | ||||||
| 20 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
| 21 | to endanger the public
morals, health, safety or welfare or who | ||||||
| 22 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
| 23 | substance other than alcohol as to have lost
the power of self | ||||||
| |||||||
| |||||||
| 1 | control with reference to his or her addiction.
| ||||||
| 2 | (b) "Administer" means the direct application of a | ||||||
| 3 | controlled
substance, whether by injection, inhalation, | ||||||
| 4 | ingestion, or any other
means, to the body of a patient, | ||||||
| 5 | research subject, or animal (as
defined by the Humane | ||||||
| 6 | Euthanasia in Animal Shelters Act) by:
| ||||||
| 7 | (1) a practitioner (or, in his or her presence, by his | ||||||
| 8 | or her authorized agent),
| ||||||
| 9 | (2) the patient or research subject pursuant to an | ||||||
| 10 | order, or
| ||||||
| 11 | (3) a euthanasia technician as defined by the Humane | ||||||
| 12 | Euthanasia in
Animal Shelters Act.
| ||||||
| 13 | (c) "Agent" means an authorized person who acts on behalf | ||||||
| 14 | of or at
the direction of a manufacturer, distributor, | ||||||
| 15 | dispenser, prescriber, or practitioner. It does not
include a | ||||||
| 16 | common or contract carrier, public warehouseman or employee of
| ||||||
| 17 | the carrier or warehouseman.
| ||||||
| 18 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
| 19 | substance,
chemically and pharmacologically related to | ||||||
| 20 | testosterone (other than
estrogens, progestins, | ||||||
| 21 | corticosteroids, and dehydroepiandrosterone),
and includes:
| ||||||
| 22 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
| 23 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
| 24 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
| 25 | (iv) 1-androstenediol (3[beta], | ||||||
| 26 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| |||||||
| |||||||
| 1 | (v) 1-androstenediol (3[alpha], | ||||||
| 2 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| 3 | (vi) 4-androstenediol | ||||||
| 4 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
| 5 | (vii) 5-androstenediol | ||||||
| 6 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
| 7 | (viii) 1-androstenedione | ||||||
| 8 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
| 9 | (ix) 4-androstenedione | ||||||
| 10 | (androst-4-en-3,17-dione), | ||||||
| 11 | (x) 5-androstenedione | ||||||
| 12 | (androst-5-en-3,17-dione), | ||||||
| 13 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 14 | hydroxyandrost-4-en-3-one), | ||||||
| 15 | (xii) boldenone (17[beta]-hydroxyandrost- | ||||||
| 16 | 1,4,-diene-3-one), | ||||||
| 17 | (xiii) boldione (androsta-1,4- | ||||||
| 18 | diene-3,17-dione), | ||||||
| 19 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
| 20 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
| 21 | (xv) clostebol (4-chloro-17[beta]- | ||||||
| 22 | hydroxyandrost-4-en-3-one), | ||||||
| 23 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
| 24 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
| 25 | androst-1,4-dien-3-one), | ||||||
| 26 | (xvii) desoxymethyltestosterone | ||||||
| |||||||
| |||||||
| 1 | (17[alpha]-methyl-5[alpha] | ||||||
| 2 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
| 3 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
| 4 | '1-testosterone') (17[beta]-hydroxy- | ||||||
| 5 | 5[alpha]-androst-1-en-3-one), | ||||||
| 6 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
| 7 | androstan-3-one), | ||||||
| 8 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
| 9 | 5[alpha]-androstan-3-one), | ||||||
| 10 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||||||
| 11 | hydroxyestr-4-ene), | ||||||
| 12 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
| 13 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
| 14 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
| 15 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||||||
| 16 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
| 17 | hydroxyandrostano[2,3-c]-furazan), | ||||||
| 18 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, | ||||||
| 19 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
| 20 | androst-4-en-3-one), | ||||||
| 21 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||||||
| 22 | dihydroxy-estr-4-en-3-one), | ||||||
| 23 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
| 24 | hydroxy-5-androstan-3-one), | ||||||
| 25 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
| 26 | [5a]-androstan-3-one), | ||||||
| |||||||
| |||||||
| 1 | (xxx) methandienone (17[alpha]-methyl-17[beta]- | ||||||
| 2 | hydroxyandrost-1,4-dien-3-one), | ||||||
| 3 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 4 | dihydroxyandrost-5-ene), | ||||||
| 5 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
| 6 | 5[alpha]-androst-1-en-3-one), | ||||||
| 7 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
| 8 | dihydroxy-5a-androstane, | ||||||
| 9 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||||||
| 10 | -5a-androstane, | ||||||
| 11 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 12 | dihydroxyandrost-4-ene), | ||||||
| 13 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
| 14 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
| 15 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||||||
| 16 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
| 17 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
| 18 | hydroxyestra-4,9-11-trien-3-one), | ||||||
| 19 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
| 20 | hydroxyandrost-4-en-3-one), | ||||||
| 21 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 22 | hydroxyestr-4-en-3-one), | ||||||
| 23 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
| 24 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
| 25 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
| 26 | 1-testosterone'), | ||||||
| |||||||
| |||||||
| 1 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||||||
| 2 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
| 3 | dihydroxyestr-4-ene), | ||||||
| 4 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
| 5 | dihydroxyestr-4-ene), | ||||||
| 6 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
| 7 | dihydroxyestr-5-ene), | ||||||
| 8 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
| 9 | dihydroxyestr-5-ene), | ||||||
| 10 | (xlvii) 19-nor-4,9(10)-androstadienedione | ||||||
| 11 | (estra-4,9(10)-diene-3,17-dione), | ||||||
| 12 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
| 13 | en-3,17-dione), | ||||||
| 14 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
| 15 | en-3,17-dione), | ||||||
| 16 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
| 17 | hydroxygon-4-en-3-one), | ||||||
| 18 | (li) norclostebol (4-chloro-17[beta]- | ||||||
| 19 | hydroxyestr-4-en-3-one), | ||||||
| 20 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
| 21 | hydroxyestr-4-en-3-one), | ||||||
| 22 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
| 23 | hydroxyestr-4-en-3-one), | ||||||
| 24 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| 25 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
| 26 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
| |||||||
| |||||||
| 1 | dihydroxyandrost-4-en-3-one), | ||||||
| 2 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
| 3 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
| 4 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| 5 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
| 6 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
| 7 | (5[alpha]-androst-1-en-3-one), | ||||||
| 8 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
| 9 | secoandrosta-1,4-dien-17-oic | ||||||
| 10 | acid lactone), | ||||||
| 11 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
| 12 | 4-en-3-one), | ||||||
| 13 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
| 14 | diethyl-17[beta]-hydroxygon- | ||||||
| 15 | 4,9,11-trien-3-one), | ||||||
| 16 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
| 17 | 11-trien-3-one).
| ||||||
| 18 | Any person who is otherwise lawfully in possession of an | ||||||
| 19 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
| 20 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
| 21 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
| 22 | expressly intended for and lawfully allowed to be
administered | ||||||
| 23 | through implants to livestock or other nonhuman species, and
| ||||||
| 24 | which is approved by the Secretary of Health and Human Services | ||||||
| 25 | for such
administration, and which the person intends to | ||||||
| 26 | administer or have
administered through such implants, shall | ||||||
| |||||||
| |||||||
| 1 | not be considered to be in
unauthorized possession or to | ||||||
| 2 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
| 3 | possess with intent to deliver such anabolic steroid for
| ||||||
| 4 | purposes of this Act.
| ||||||
| 5 | (d) "Administration" means the Drug Enforcement | ||||||
| 6 | Administration,
United States Department of Justice, or its | ||||||
| 7 | successor agency.
| ||||||
| 8 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
| 9 | means a Department of Human Services administrative employee | ||||||
| 10 | licensed to either prescribe or dispense controlled substances | ||||||
| 11 | who shall run the clinical aspects of the Department of Human | ||||||
| 12 | Services Prescription Monitoring Program and its Prescription | ||||||
| 13 | Information Library. | ||||||
| 14 | (d-10) "Compounding" means the preparation and mixing of | ||||||
| 15 | components, excluding flavorings, (1) as the result of a | ||||||
| 16 | prescriber's prescription drug order or initiative based on the | ||||||
| 17 | prescriber-patient-pharmacist relationship in the course of | ||||||
| 18 | professional practice or (2) for the purpose of, or incident | ||||||
| 19 | to, research, teaching, or chemical analysis and not for sale | ||||||
| 20 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
| 21 | or devices in anticipation of receiving prescription drug | ||||||
| 22 | orders based on routine, regularly observed dispensing | ||||||
| 23 | patterns. Commercially available products may be compounded | ||||||
| 24 | for dispensing to individual patients only if both of the | ||||||
| 25 | following conditions are met: (i) the commercial product is not | ||||||
| 26 | reasonably available from normal distribution channels in a | ||||||
| |||||||
| |||||||
| 1 | timely manner to meet the patient's needs and (ii) the | ||||||
| 2 | prescribing practitioner has requested that the drug be | ||||||
| 3 | compounded. | ||||||
| 4 | (e) "Control" means to add a drug or other substance, or | ||||||
| 5 | immediate
precursor, to a Schedule whether by
transfer from | ||||||
| 6 | another Schedule or otherwise.
| ||||||
| 7 | (f) "Controlled Substance" means (i) a drug, substance, | ||||||
| 8 | immediate
precursor, or synthetic drug in the Schedules of | ||||||
| 9 | Article II of this Act or (ii) a drug or other substance, or | ||||||
| 10 | immediate precursor, designated as a controlled substance by | ||||||
| 11 | the Department through administrative rule. The term does not | ||||||
| 12 | include distilled spirits, wine, malt beverages, or tobacco, as | ||||||
| 13 | those terms are
defined or used in the Liquor Control Act of | ||||||
| 14 | 1934 and the Tobacco Products Tax
Act of 1995.
| ||||||
| 15 | (f-5) "Controlled substance analog" means a substance: | ||||||
| 16 | (1) the chemical structure of which is substantially | ||||||
| 17 | similar to the chemical structure of a controlled substance | ||||||
| 18 | in Schedule I or II; | ||||||
| 19 | (2) which has a stimulant, depressant, or | ||||||
| 20 | hallucinogenic effect on the central nervous system that is | ||||||
| 21 | substantially similar to or greater than the stimulant, | ||||||
| 22 | depressant, or hallucinogenic effect on the central | ||||||
| 23 | nervous system of a controlled substance in Schedule I or | ||||||
| 24 | II; or | ||||||
| 25 | (3) with respect to a particular person, which such | ||||||
| 26 | person represents or intends to have a stimulant, | ||||||
| |||||||
| |||||||
| 1 | depressant, or hallucinogenic effect on the central | ||||||
| 2 | nervous system that is substantially similar to or greater | ||||||
| 3 | than the stimulant, depressant, or hallucinogenic effect | ||||||
| 4 | on the central nervous system of a controlled substance in | ||||||
| 5 | Schedule I or II. | ||||||
| 6 | (g) "Counterfeit substance" means a controlled substance, | ||||||
| 7 | which, or
the container or labeling of which, without | ||||||
| 8 | authorization bears the
trademark, trade name, or other | ||||||
| 9 | identifying mark, imprint, number or
device, or any likeness | ||||||
| 10 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
| 11 | than the person who in fact manufactured, distributed,
or | ||||||
| 12 | dispensed the substance.
| ||||||
| 13 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
| 14 | or
attempted transfer of possession of a controlled substance, | ||||||
| 15 | with or
without consideration, whether or not there is an | ||||||
| 16 | agency relationship.
| ||||||
| 17 | (i) "Department" means the Illinois Department of Human | ||||||
| 18 | Services (as
successor to the Department of Alcoholism and | ||||||
| 19 | Substance Abuse) or its successor agency.
| ||||||
| 20 | (j) (Blank).
| ||||||
| 21 | (k) "Department of Corrections" means the Department of | ||||||
| 22 | Corrections
of the State of Illinois or its successor agency.
| ||||||
| 23 | (l) "Department of Financial and Professional Regulation" | ||||||
| 24 | means the Department
of Financial and Professional Regulation | ||||||
| 25 | of the State of Illinois or its successor agency.
| ||||||
| 26 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
| |||||||
| |||||||
| 1 | depression of central nervous system functions, (ii) causes | ||||||
| 2 | impaired consciousness and awareness, and (iii) can be | ||||||
| 3 | habit-forming or lead to a substance abuse problem, including | ||||||
| 4 | but not limited to alcohol, cannabis and its active principles | ||||||
| 5 | and their analogs, benzodiazepines and their analogs, | ||||||
| 6 | barbiturates and their analogs, opioids (natural and | ||||||
| 7 | synthetic) and their analogs, and chloral hydrate and similar | ||||||
| 8 | sedative hypnotics.
| ||||||
| 9 | (n) (Blank).
| ||||||
| 10 | (o) "Director" means the Director of the Illinois State | ||||||
| 11 | Police or his or her designated agents.
| ||||||
| 12 | (p) "Dispense" means to deliver a controlled substance to | ||||||
| 13 | an
ultimate user or research subject by or pursuant to the | ||||||
| 14 | lawful order of
a prescriber, including the prescribing, | ||||||
| 15 | administering, packaging,
labeling, or compounding necessary | ||||||
| 16 | to prepare the substance for that
delivery.
| ||||||
| 17 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
| 18 | (r) "Distribute" means to deliver, other than by | ||||||
| 19 | administering or
dispensing, a controlled substance.
| ||||||
| 20 | (s) "Distributor" means a person who distributes.
| ||||||
| 21 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
| 22 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
| 23 | Pharmacopoeia of the
United States, or official National | ||||||
| 24 | Formulary, or any supplement to any
of them; (2) substances | ||||||
| 25 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
| 26 | prevention of disease in man or animals; (3) substances
(other | ||||||
| |||||||
| |||||||
| 1 | than food) intended to affect the structure of any function of
| ||||||
| 2 | the body of man or animals and (4) substances intended for use | ||||||
| 3 | as a
component of any article specified in clause (1), (2), or | ||||||
| 4 | (3) of this
subsection. It does not include devices or their | ||||||
| 5 | components, parts, or
accessories.
| ||||||
| 6 | (t-3) "Electronic health record" or "EHR" means an | ||||||
| 7 | electronic record of health-related information on an | ||||||
| 8 | individual that is created, gathered, managed, and consulted by | ||||||
| 9 | authorized health care clinicians and staff. | ||||||
| 10 | (t-4) "Emergency medical services personnel" has the | ||||||
| 11 | meaning ascribed to it in the Emergency Medical Services (EMS) | ||||||
| 12 | Systems Act. | ||||||
| 13 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
| 14 | Department of Financial and Professional Regulation for the
| ||||||
| 15 | purpose of animal euthanasia that holds an animal control | ||||||
| 16 | facility license or
animal
shelter license under the Animal | ||||||
| 17 | Welfare Act. A euthanasia agency is
authorized to purchase, | ||||||
| 18 | store, possess, and utilize Schedule II nonnarcotic and
| ||||||
| 19 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
| 20 | euthanasia.
| ||||||
| 21 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
| 22 | substances
(nonnarcotic controlled substances) that are used | ||||||
| 23 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
| 24 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
| 25 | controlled
substance by a practitioner in the regular course of | ||||||
| 26 | professional
treatment to or for any person who is under his or | ||||||
| |||||||
| |||||||
| 1 | her treatment for a
pathology or condition other than that | ||||||
| 2 | individual's physical or
psychological dependence upon or | ||||||
| 3 | addiction to a controlled substance,
except as provided herein: | ||||||
| 4 | and application of the term to a pharmacist
shall mean the | ||||||
| 5 | dispensing of a controlled substance pursuant to the
| ||||||
| 6 | prescriber's order which in the professional judgment of the | ||||||
| 7 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
| 8 | accepted professional
standards including, but not limited to | ||||||
| 9 | the following, in making the
judgment:
| ||||||
| 10 | (1) lack of consistency of prescriber-patient | ||||||
| 11 | relationship,
| ||||||
| 12 | (2) frequency of prescriptions for same drug by one | ||||||
| 13 | prescriber for
large numbers of patients,
| ||||||
| 14 | (3) quantities beyond those normally prescribed,
| ||||||
| 15 | (4) unusual dosages (recognizing that there may be | ||||||
| 16 | clinical circumstances where more or less than the usual | ||||||
| 17 | dose may be used legitimately),
| ||||||
| 18 | (5) unusual geographic distances between patient, | ||||||
| 19 | pharmacist and
prescriber,
| ||||||
| 20 | (6) consistent prescribing of habit-forming drugs.
| ||||||
| 21 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
| 22 | altered sensory perception leading to hallucinations of any | ||||||
| 23 | type. | ||||||
| 24 | (u-1) "Home infusion services" means services provided by a | ||||||
| 25 | pharmacy in
compounding solutions for direct administration to | ||||||
| 26 | a patient in a private
residence, long-term care facility, or | ||||||
| |||||||
| |||||||
| 1 | hospice setting by means of parenteral,
intravenous, | ||||||
| 2 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
| 3 | (u-5) "Illinois State Police" means the Illinois State
| ||||||
| 4 | Police of the State of Illinois, or its successor agency. | ||||||
| 5 | (v) "Immediate precursor" means a substance:
| ||||||
| 6 | (1) which the Department has found to be and by rule | ||||||
| 7 | designated as
being a principal compound used, or produced | ||||||
| 8 | primarily for use, in the
manufacture of a controlled | ||||||
| 9 | substance;
| ||||||
| 10 | (2) which is an immediate chemical intermediary used or | ||||||
| 11 | likely to
be used in the manufacture of such controlled | ||||||
| 12 | substance; and
| ||||||
| 13 | (3) the control of which is necessary to prevent, | ||||||
| 14 | curtail or limit
the manufacture of such controlled | ||||||
| 15 | substance.
| ||||||
| 16 | (w) "Instructional activities" means the acts of teaching, | ||||||
| 17 | educating
or instructing by practitioners using controlled | ||||||
| 18 | substances within
educational facilities approved by the State | ||||||
| 19 | Board of Education or
its successor agency.
| ||||||
| 20 | (x) "Local authorities" means a duly organized State, | ||||||
| 21 | County or
Municipal peace unit or police force.
| ||||||
| 22 | (y) "Look-alike substance" means a substance, other than a | ||||||
| 23 | controlled
substance which (1) by overall dosage unit | ||||||
| 24 | appearance, including shape,
color, size, markings or lack | ||||||
| 25 | thereof, taste, consistency, or any other
identifying physical | ||||||
| 26 | characteristic of the substance, would lead a reasonable
person | ||||||
| |||||||
| |||||||
| 1 | to believe that the substance is a controlled substance, or (2) | ||||||
| 2 | is
expressly or impliedly represented to be a controlled | ||||||
| 3 | substance or is
distributed under circumstances which would | ||||||
| 4 | lead a reasonable person to
believe that the substance is a | ||||||
| 5 | controlled substance. For the purpose of
determining whether | ||||||
| 6 | the representations made or the circumstances of the
| ||||||
| 7 | distribution would lead a reasonable person to believe the | ||||||
| 8 | substance to be
a controlled substance under this clause (2) of | ||||||
| 9 | subsection (y), the court or
other authority may consider the | ||||||
| 10 | following factors in addition to any other
factor that may be | ||||||
| 11 | relevant:
| ||||||
| 12 | (a) statements made by the owner or person in control | ||||||
| 13 | of the substance
concerning its nature, use or effect;
| ||||||
| 14 | (b) statements made to the buyer or recipient that the | ||||||
| 15 | substance may
be resold for profit;
| ||||||
| 16 | (c) whether the substance is packaged in a manner | ||||||
| 17 | normally used for the
illegal distribution of controlled | ||||||
| 18 | substances;
| ||||||
| 19 | (d) whether the distribution or attempted distribution | ||||||
| 20 | included an
exchange of or demand for money or other | ||||||
| 21 | property as consideration, and
whether the amount of the | ||||||
| 22 | consideration was substantially greater than the
| ||||||
| 23 | reasonable retail market value of the substance.
| ||||||
| 24 | Clause (1) of this subsection (y) shall not apply to a | ||||||
| 25 | noncontrolled
substance in its finished dosage form that was | ||||||
| 26 | initially introduced into
commerce prior to the initial | ||||||
| |||||||
| |||||||
| 1 | introduction into commerce of a controlled
substance in its | ||||||
| 2 | finished dosage form which it may substantially resemble.
| ||||||
| 3 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
| 4 | distributing
of noncontrolled substances by persons authorized | ||||||
| 5 | to dispense and
distribute controlled substances under this | ||||||
| 6 | Act, provided that such action
would be deemed to be carried | ||||||
| 7 | out in good faith under subsection (u) if the
substances | ||||||
| 8 | involved were controlled substances.
| ||||||
| 9 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
| 10 | manufacture,
preparation, propagation, compounding, | ||||||
| 11 | processing, packaging, advertising
or distribution of a drug or | ||||||
| 12 | drugs by any person registered pursuant to
Section 510 of the | ||||||
| 13 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
| 14 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
| 15 | located in a state
of the United States that delivers, | ||||||
| 16 | dispenses or
distributes, through the United States Postal | ||||||
| 17 | Service or other common
carrier, to Illinois residents, any | ||||||
| 18 | substance which requires a prescription.
| ||||||
| 19 | (z) "Manufacture" means the production, preparation, | ||||||
| 20 | propagation,
compounding, conversion or processing of a | ||||||
| 21 | controlled substance other than methamphetamine, either
| ||||||
| 22 | directly or indirectly, by extraction from substances of | ||||||
| 23 | natural origin,
or independently by means of chemical | ||||||
| 24 | synthesis, or by a combination of
extraction and chemical | ||||||
| 25 | synthesis, and includes any packaging or
repackaging of the | ||||||
| 26 | substance or labeling of its container, except that
this term | ||||||
| |||||||
| |||||||
| 1 | does not include:
| ||||||
| 2 | (1) by an ultimate user, the preparation or compounding | ||||||
| 3 | of a
controlled substance for his or her own use; or
| ||||||
| 4 | (2) by a practitioner, or his or her authorized agent | ||||||
| 5 | under his or her
supervision, the preparation, | ||||||
| 6 | compounding, packaging, or labeling of a
controlled | ||||||
| 7 | substance:
| ||||||
| 8 | (a) as an incident to his or her administering or | ||||||
| 9 | dispensing of a
controlled substance in the course of | ||||||
| 10 | his or her professional practice; or
| ||||||
| 11 | (b) as an incident to lawful research, teaching or | ||||||
| 12 | chemical
analysis and not for sale.
| ||||||
| 13 | (z-1) (Blank).
| ||||||
| 14 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
| 15 | under subsection (a) of Section 314.5 of this Act. | ||||||
| 16 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
| 17 | assistant who has been delegated authority to prescribe through | ||||||
| 18 | a written delegation of authority by a physician licensed to | ||||||
| 19 | practice medicine in all of its branches, in accordance with | ||||||
| 20 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
| 21 | (ii) an advanced practice registered nurse who has been | ||||||
| 22 | delegated authority to prescribe through a written delegation | ||||||
| 23 | of authority by a physician licensed to practice medicine in | ||||||
| 24 | all of its branches or by a podiatric physician, in accordance | ||||||
| 25 | with Section 65-40 of the Nurse Practice Act, (iii) an advanced | ||||||
| 26 | practice registered nurse certified as a nurse practitioner, | ||||||
| |||||||
| |||||||
| 1 | nurse midwife, or clinical nurse specialist who has been | ||||||
| 2 | granted authority to prescribe by a hospital affiliate in | ||||||
| 3 | accordance with Section 65-45 of the Nurse Practice Act, (iv) | ||||||
| 4 | an animal euthanasia agency, or (v) a prescribing psychologist. | ||||||
| 5 | (aa) "Narcotic drug" means any of the following, whether | ||||||
| 6 | produced
directly or indirectly by extraction from substances | ||||||
| 7 | of vegetable origin,
or independently by means of chemical | ||||||
| 8 | synthesis, or by a combination of
extraction and chemical | ||||||
| 9 | synthesis:
| ||||||
| 10 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
| 11 | including their isomers, esters, ethers, salts, and salts | ||||||
| 12 | of isomers, esters, and ethers, whenever the existence of | ||||||
| 13 | such isomers, esters, ethers, and salts is possible within | ||||||
| 14 | the specific chemical designation; however the term | ||||||
| 15 | "narcotic drug" does not include the isoquinoline | ||||||
| 16 | alkaloids of opium;
| ||||||
| 17 | (2) (blank);
| ||||||
| 18 | (3) opium poppy and poppy straw;
| ||||||
| 19 | (4) coca leaves, except coca leaves and extracts of | ||||||
| 20 | coca leaves from which substantially all of the cocaine and | ||||||
| 21 | ecgonine, and their isomers, derivatives and salts, have | ||||||
| 22 | been removed;
| ||||||
| 23 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
| 24 | and salts of isomers; | ||||||
| 25 | (6) ecgonine, its derivatives, their salts, isomers, | ||||||
| 26 | and salts of isomers; | ||||||
| |||||||
| |||||||
| 1 | (7) any compound, mixture, or preparation which | ||||||
| 2 | contains any quantity of any of the substances referred to | ||||||
| 3 | in subparagraphs (1) through (6). | ||||||
| 4 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
| 5 | Nurse Practice Act.
| ||||||
| 6 | (cc) (Blank).
| ||||||
| 7 | (dd) "Opiate" means any substance having an addiction | ||||||
| 8 | forming or
addiction sustaining liability similar to morphine | ||||||
| 9 | or being capable of
conversion into a drug having addiction | ||||||
| 10 | forming or addiction sustaining
liability.
| ||||||
| 11 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
| 12 | somniferum L., except its seeds.
| ||||||
| 13 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
| 14 | solution or other liquid form of medication intended for | ||||||
| 15 | administration by mouth, but the term does not include a form | ||||||
| 16 | of medication intended for buccal, sublingual, or transmucosal | ||||||
| 17 | administration. | ||||||
| 18 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
| 19 | Board of
the State of Illinois or its successor agency.
| ||||||
| 20 | (gg) "Person" means any individual, corporation, | ||||||
| 21 | mail-order pharmacy,
government or governmental subdivision or | ||||||
| 22 | agency, business trust, estate,
trust, partnership or | ||||||
| 23 | association, or any other entity.
| ||||||
| 24 | (hh) "Pharmacist" means any person who holds a license or | ||||||
| 25 | certificate of
registration as a registered pharmacist, a local | ||||||
| 26 | registered pharmacist
or a registered assistant pharmacist | ||||||
| |||||||
| |||||||
| 1 | under the Pharmacy Practice Act.
| ||||||
| 2 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
| 3 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
| 4 | Practice Act.
| ||||||
| 5 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
| 6 | under subsection (b) of Section 314.5 of this Act. | ||||||
| 7 | (ii-10) "Physician" (except when the context otherwise | ||||||
| 8 | requires) means a person licensed to practice medicine in all | ||||||
| 9 | of its branches. | ||||||
| 10 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
| 11 | the opium
poppy, after mowing.
| ||||||
| 12 | (kk) "Practitioner" means a physician licensed to practice | ||||||
| 13 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
| 14 | physician,
veterinarian, scientific investigator, pharmacist, | ||||||
| 15 | physician assistant,
advanced practice registered nurse,
| ||||||
| 16 | licensed practical
nurse, registered nurse, emergency medical | ||||||
| 17 | services personnel, hospital, laboratory, or pharmacy, or | ||||||
| 18 | other
person licensed, registered, or otherwise lawfully | ||||||
| 19 | permitted by the
United States or this State to distribute, | ||||||
| 20 | dispense, conduct research
with respect to, administer or use | ||||||
| 21 | in teaching or chemical analysis, a
controlled substance in the | ||||||
| 22 | course of professional practice or research.
| ||||||
| 23 | (ll) "Pre-printed prescription" means a written | ||||||
| 24 | prescription upon which
the designated drug has been indicated | ||||||
| 25 | prior to the time of issuance; the term does not mean a written | ||||||
| 26 | prescription that is individually generated by machine or | ||||||
| |||||||
| |||||||
| 1 | computer in the prescriber's office.
| ||||||
| 2 | (mm) "Prescriber" means a physician licensed to practice | ||||||
| 3 | medicine in all
its branches, dentist, optometrist, | ||||||
| 4 | prescribing psychologist licensed under Section 4.2 of the | ||||||
| 5 | Clinical Psychologist Licensing Act with prescriptive | ||||||
| 6 | authority delegated under Section 4.3 of the Clinical | ||||||
| 7 | Psychologist Licensing Act, podiatric physician, or
| ||||||
| 8 | veterinarian who issues a prescription, a physician assistant | ||||||
| 9 | who
issues a
prescription for a controlled substance
in | ||||||
| 10 | accordance
with Section 303.05, a written delegation, and a | ||||||
| 11 | written collaborative agreement required under Section 7.5
of | ||||||
| 12 | the
Physician Assistant Practice Act of 1987, an advanced | ||||||
| 13 | practice registered
nurse with prescriptive authority | ||||||
| 14 | delegated under Section 65-40 of the Nurse Practice Act and in | ||||||
| 15 | accordance with Section 303.05, a written delegation,
and a | ||||||
| 16 | written
collaborative agreement under Section 65-35 of the | ||||||
| 17 | Nurse Practice Act, an advanced practice registered nurse | ||||||
| 18 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
| 19 | nurse specialist who has been granted authority to prescribe by | ||||||
| 20 | a hospital affiliate in accordance with Section 65-45 of the | ||||||
| 21 | Nurse Practice Act and in accordance with Section 303.05, or an | ||||||
| 22 | advanced practice registered nurse certified as a nurse | ||||||
| 23 | practitioner, nurse midwife, or clinical nurse specialist who | ||||||
| 24 | has full practice authority pursuant to Section 65-43 of the | ||||||
| 25 | Nurse Practice Act.
| ||||||
| 26 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
| |||||||
| |||||||
| 1 | order, or an electronic order that complies with applicable | ||||||
| 2 | federal requirements,
of
a physician licensed to practice | ||||||
| 3 | medicine in all its branches,
dentist, podiatric physician or | ||||||
| 4 | veterinarian for any controlled
substance, of an optometrist in | ||||||
| 5 | accordance with Section 15.1 of the Illinois Optometric | ||||||
| 6 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
| 7 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
| 8 | with prescriptive authority delegated under Section 4.3 of the | ||||||
| 9 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
| 10 | for a
controlled substance
in accordance with Section 303.05, a | ||||||
| 11 | written delegation, and a written collaborative agreement | ||||||
| 12 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
| 13 | Act of 1987, of an advanced practice registered
nurse with | ||||||
| 14 | prescriptive authority delegated under Section 65-40 of the | ||||||
| 15 | Nurse Practice Act who issues a prescription for a
controlled | ||||||
| 16 | substance in accordance
with
Section 303.05, a written | ||||||
| 17 | delegation, and a written collaborative agreement under | ||||||
| 18 | Section 65-35 of the Nurse Practice Act, of an advanced | ||||||
| 19 | practice registered nurse certified as a nurse practitioner, | ||||||
| 20 | nurse midwife, or clinical nurse specialist who has been | ||||||
| 21 | granted authority to prescribe by a hospital affiliate in | ||||||
| 22 | accordance with Section 65-45 of the Nurse Practice Act and in | ||||||
| 23 | accordance with Section 303.05 when required by law, or of an | ||||||
| 24 | advanced practice registered nurse certified as a nurse | ||||||
| 25 | practitioner, nurse midwife, or clinical nurse specialist who | ||||||
| 26 | has full practice authority pursuant to Section 65-43 of the | ||||||
| |||||||
| |||||||
| 1 | Nurse Practice Act.
| ||||||
| 2 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
| 3 | electronic library that contains reported controlled substance | ||||||
| 4 | data. | ||||||
| 5 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
| 6 | entity that collects, tracks, and stores reported data on | ||||||
| 7 | controlled substances and select drugs pursuant to Section 316. | ||||||
| 8 | (oo) "Production" or "produce" means manufacture, | ||||||
| 9 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
| 10 | substance other than methamphetamine.
| ||||||
| 11 | (pp) "Registrant" means every person who is required to | ||||||
| 12 | register
under Section 302 of this Act.
| ||||||
| 13 | (qq) "Registry number" means the number assigned to each | ||||||
| 14 | person
authorized to handle controlled substances under the | ||||||
| 15 | laws of the United
States and of this State.
| ||||||
| 16 | (qq-5) "Secretary" means, as the context requires, either | ||||||
| 17 | the Secretary of the Department or the Secretary of the | ||||||
| 18 | Department of Financial and Professional Regulation, and the | ||||||
| 19 | Secretary's designated agents. | ||||||
| 20 | (rr) "State" includes the State of Illinois and any state, | ||||||
| 21 | district,
commonwealth, territory, insular possession thereof, | ||||||
| 22 | and any area
subject to the legal authority of the United | ||||||
| 23 | States of America.
| ||||||
| 24 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
| 25 | overall excitation of central nervous system functions, (ii) | ||||||
| 26 | causes impaired consciousness and awareness, and (iii) can be | ||||||
| |||||||
| |||||||
| 1 | habit-forming or lead to a substance abuse problem, including | ||||||
| 2 | but not limited to amphetamines and their analogs, | ||||||
| 3 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
| 4 | and its analogs. | ||||||
| 5 | (rr-10) "Synthetic drug" includes, but is not limited to, | ||||||
| 6 | any synthetic cannabinoids or piperazines or any synthetic | ||||||
| 7 | cathinones as provided for in Schedule I. | ||||||
| 8 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
| 9 | a
controlled substance for his or her own use or for the use of | ||||||
| 10 | a member of his or her
household or for administering to an | ||||||
| 11 | animal owned by him or her or by a member
of his or her | ||||||
| 12 | household.
| ||||||
| 13 | (Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15; | ||||||
| 14 | 99-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; | ||||||
| 15 | 100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff. | ||||||
| 16 | 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)
| ||||||
| 17 | Section 1000. The Methamphetamine Control and Community | ||||||
| 18 | Protection Act is amended by changing Sections 10, 90, and 95 | ||||||
| 19 | as follows:
| ||||||
| 20 | (720 ILCS 646/10)
| ||||||
| 21 | Sec. 10. Definitions. As used in this Act: | ||||||
| 22 | "Anhydrous ammonia" has the meaning provided in subsection | ||||||
| 23 | (d) of Section 3 of the Illinois Fertilizer Act of 1961.
| ||||||
| 24 | "Anhydrous ammonia equipment" means all items used to | ||||||
| |||||||
| |||||||
| 1 | store, hold, contain, handle, transfer, transport, or apply | ||||||
| 2 | anhydrous ammonia for lawful purposes.
| ||||||
| 3 | "Booby trap" means any device designed to cause physical | ||||||
| 4 | injury when triggered by an act of a person approaching, | ||||||
| 5 | entering, or moving through a structure, a vehicle, or any | ||||||
| 6 | location where methamphetamine has been manufactured, is being | ||||||
| 7 | manufactured, or is intended to be manufactured.
| ||||||
| 8 | "Deliver" or "delivery" has the meaning provided in | ||||||
| 9 | subsection (h) of Section 102 of the Illinois Controlled | ||||||
| 10 | Substances Act.
| ||||||
| 11 | "Director" means the Director of the Illinois State Police | ||||||
| 12 | or the Director's designated agents.
| ||||||
| 13 | "Dispose" or "disposal" means to abandon, discharge, | ||||||
| 14 | release, deposit, inject, dump, spill, leak, or place | ||||||
| 15 | methamphetamine waste onto or into any land, water, or well of | ||||||
| 16 | any type so that the waste has the potential to enter the | ||||||
| 17 | environment, be emitted into the air, or be discharged into the | ||||||
| 18 | soil or any waters, including groundwater.
| ||||||
| 19 | "Emergency response" means the act of collecting evidence | ||||||
| 20 | from or securing a methamphetamine laboratory site, | ||||||
| 21 | methamphetamine waste site or other methamphetamine-related | ||||||
| 22 | site and cleaning up the site, whether these actions are | ||||||
| 23 | performed by public entities or private contractors paid by | ||||||
| 24 | public entities.
| ||||||
| 25 | "Emergency service provider" means a local, State, or | ||||||
| 26 | federal peace officer, firefighter, emergency medical | ||||||
| |||||||
| |||||||
| 1 | technician-ambulance, emergency
medical | ||||||
| 2 | technician-intermediate, emergency medical | ||||||
| 3 | technician-paramedic, ambulance driver, or other medical or | ||||||
| 4 | first aid personnel rendering aid, or any agent or designee of | ||||||
| 5 | the foregoing.
| ||||||
| 6 | "Finished methamphetamine" means methamphetamine in a form | ||||||
| 7 | commonly used for personal consumption. | ||||||
| 8 | "Firearm" has the meaning provided in Section 1.1 of the | ||||||
| 9 | Firearm Owners Identification Card Act.
| ||||||
| 10 | "Manufacture" means to produce, prepare, compound, | ||||||
| 11 | convert, process, synthesize, concentrate, purify, separate, | ||||||
| 12 | extract, or package any methamphetamine, methamphetamine | ||||||
| 13 | precursor, methamphetamine manufacturing catalyst, | ||||||
| 14 | methamphetamine manufacturing reagent, methamphetamine | ||||||
| 15 | manufacturing solvent, or any substance containing any of the | ||||||
| 16 | foregoing.
| ||||||
| 17 | "Methamphetamine" means the chemical methamphetamine (a | ||||||
| 18 | Schedule II controlled substance under the Illinois Controlled | ||||||
| 19 | Substances Act) or any salt, optical isomer, salt of optical | ||||||
| 20 | isomer, or analog thereof, with the exception of | ||||||
| 21 | 3,4-Methylenedioxymethamphetamine (MDMA) or any other | ||||||
| 22 | scheduled substance with a separate listing under the Illinois | ||||||
| 23 | Controlled Substances Act. | ||||||
| 24 | "Methamphetamine manufacturing catalyst" means any | ||||||
| 25 | substance that has been used, is being used, or is intended to | ||||||
| 26 | be used to activate, accelerate, extend, or improve a chemical | ||||||
| |||||||
| |||||||
| 1 | reaction involved in the manufacture of methamphetamine.
| ||||||
| 2 | "Methamphetamine manufacturing environment" means a | ||||||
| 3 | structure or vehicle in which:
| ||||||
| 4 | (1) methamphetamine is being or has been manufactured;
| ||||||
| 5 | (2) chemicals that are being used, have been used, or | ||||||
| 6 | are intended to be used to manufacture methamphetamine are | ||||||
| 7 | stored;
| ||||||
| 8 | (3) methamphetamine manufacturing materials that have | ||||||
| 9 | been used to manufacture methamphetamine are stored; or
| ||||||
| 10 | (4) methamphetamine manufacturing waste is stored.
| ||||||
| 11 | "Methamphetamine manufacturing material" means any | ||||||
| 12 | methamphetamine precursor, substance containing any | ||||||
| 13 | methamphetamine precursor, methamphetamine manufacturing | ||||||
| 14 | catalyst, substance containing any methamphetamine | ||||||
| 15 | manufacturing catalyst, methamphetamine manufacturing reagent, | ||||||
| 16 | substance containing any methamphetamine manufacturing | ||||||
| 17 | reagent, methamphetamine manufacturing solvent, substance | ||||||
| 18 | containing any methamphetamine manufacturing solvent, or any | ||||||
| 19 | other chemical, substance, ingredient, equipment, apparatus, | ||||||
| 20 | or item that is being used, has been used, or is intended to be | ||||||
| 21 | used in the manufacture of methamphetamine.
| ||||||
| 22 | "Methamphetamine manufacturing reagent" means any | ||||||
| 23 | substance other than a methamphetamine manufacturing catalyst | ||||||
| 24 | that has been used, is being used, or is intended to be used to | ||||||
| 25 | react with and chemically alter any methamphetamine precursor. | ||||||
| 26 | "Methamphetamine manufacturing solvent" means any | ||||||
| |||||||
| |||||||
| 1 | substance that has been used, is being used, or is intended to | ||||||
| 2 | be used as a medium in which any methamphetamine precursor, | ||||||
| 3 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
| 4 | manufacturing reagent, or any substance containing any of the | ||||||
| 5 | foregoing is dissolved, diluted, or washed during any part of | ||||||
| 6 | the methamphetamine manufacturing process.
| ||||||
| 7 | "Methamphetamine manufacturing waste" means any chemical, | ||||||
| 8 | substance, ingredient, equipment, apparatus, or item that is | ||||||
| 9 | left over from, results from, or is produced by the process of | ||||||
| 10 | manufacturing methamphetamine, other than finished | ||||||
| 11 | methamphetamine.
| ||||||
| 12 | "Methamphetamine precursor" means ephedrine, | ||||||
| 13 | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | ||||||
| 14 | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | ||||||
| 15 | isomer, or salt of an optical isomer of any of these chemicals.
| ||||||
| 16 | "Multi-unit dwelling" means a unified structure used or | ||||||
| 17 | intended for use as a habitation, home, or residence that | ||||||
| 18 | contains 2 or more condominiums, apartments, hotel rooms, motel | ||||||
| 19 | rooms, or other living units.
| ||||||
| 20 | "Package" means an item marked for retail sale that is not | ||||||
| 21 | designed to be further broken down or subdivided for the | ||||||
| 22 | purpose of retail sale.
| ||||||
| 23 | "Participate" or "participation" in the manufacture of | ||||||
| 24 | methamphetamine means to produce, prepare, compound, convert, | ||||||
| 25 | process, synthesize, concentrate, purify, separate, extract, | ||||||
| 26 | or package any methamphetamine, methamphetamine precursor, | ||||||
| |||||||
| |||||||
| 1 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
| 2 | manufacturing reagent, methamphetamine manufacturing solvent, | ||||||
| 3 | or any substance containing any of the foregoing, or to assist | ||||||
| 4 | in any of these actions, or to attempt to take any of these | ||||||
| 5 | actions, regardless of whether this action or these actions | ||||||
| 6 | result in the production of finished methamphetamine.
| ||||||
| 7 | "Person with a disability" means a person who suffers from | ||||||
| 8 | a permanent physical or mental impairment resulting from | ||||||
| 9 | disease, injury, functional disorder, or congenital condition | ||||||
| 10 | which renders the person incapable of adequately providing for | ||||||
| 11 | his or her own health and personal care.
| ||||||
| 12 | "Procure" means to purchase, steal, gather, or otherwise | ||||||
| 13 | obtain, by legal or illegal means, or to cause another to take | ||||||
| 14 | such action.
| ||||||
| 15 | "Second or subsequent offense" means an offense under this | ||||||
| 16 | Act committed by an offender who previously committed an | ||||||
| 17 | offense under this Act, the Illinois Controlled Substances Act, | ||||||
| 18 | the Cannabis Control Act, or another Act of this State, another | ||||||
| 19 | state, or the United States relating to methamphetamine, | ||||||
| 20 | cannabis, or any other controlled substance.
| ||||||
| 21 | "Standard dosage form", as used in relation to any | ||||||
| 22 | methamphetamine precursor, means that the methamphetamine | ||||||
| 23 | precursor is contained in a pill, tablet, capsule, caplet, gel | ||||||
| 24 | cap, or liquid cap that has been manufactured by a lawful | ||||||
| 25 | entity and contains a standard quantity of methamphetamine | ||||||
| 26 | precursor.
| ||||||
| |||||||
| |||||||
| 1 | "Unauthorized container", as used in relation to anhydrous | ||||||
| 2 | ammonia, means any container that is not designed for the | ||||||
| 3 | specific and sole purpose of holding, storing, transporting, or | ||||||
| 4 | applying anhydrous ammonia. "Unauthorized container" includes, | ||||||
| 5 | but is not limited to, any propane tank, fire extinguisher, | ||||||
| 6 | oxygen cylinder, gasoline can, food or beverage cooler, or | ||||||
| 7 | compressed gas cylinder used in dispensing fountain drinks. | ||||||
| 8 | "Unauthorized container" does not encompass anhydrous ammonia | ||||||
| 9 | manufacturing plants, refrigeration systems
where anhydrous | ||||||
| 10 | ammonia is used solely as a refrigerant, anhydrous ammonia | ||||||
| 11 | transportation pipelines, anhydrous ammonia tankers, or | ||||||
| 12 | anhydrous ammonia barges.
| ||||||
| 13 | (Source: P.A. 97-434, eff. 1-1-12.)
| ||||||
| 14 | (720 ILCS 646/90) | ||||||
| 15 | Sec. 90. Methamphetamine restitution. | ||||||
| 16 | (a) If a person commits a violation of this Act in a manner | ||||||
| 17 | that requires an emergency response, the person shall be | ||||||
| 18 | required to make restitution to all public entities involved in | ||||||
| 19 | the emergency response, to cover the reasonable cost of their
| ||||||
| 20 | participation in the emergency response, including but not | ||||||
| 21 | limited to regular and overtime costs incurred by local law | ||||||
| 22 | enforcement agencies and private contractors paid by the public | ||||||
| 23 | agencies in securing the site. The convicted person shall make | ||||||
| 24 | this restitution in addition to any other fine or penalty | ||||||
| 25 | required by law.
| ||||||
| |||||||
| |||||||
| 1 | (b) Any restitution payments made under this Section shall | ||||||
| 2 | be disbursed equitably by the circuit clerk in the following | ||||||
| 3 | order: | ||||||
| 4 | (1) first, to the agency responsible for the mitigation | ||||||
| 5 | of the incident; | ||||||
| 6 | (2) second, to the local agencies involved in the
| ||||||
| 7 | emergency response; | ||||||
| 8 | (3) third, to the State agencies involved in the
| ||||||
| 9 | emergency response; and
| ||||||
| 10 | (4) fourth, to the federal agencies involved in the
| ||||||
| 11 | emergency response. | ||||||
| 12 | (c) In addition to any other penalties and liabilities, a
| ||||||
| 13 | person who is convicted of violating any
Section of this Act, | ||||||
| 14 | whose violation proximately caused any incident resulting in an | ||||||
| 15 | appropriate emergency response, shall be assessed a fine of | ||||||
| 16 | $2,500, payable to
the circuit clerk, who shall distribute the | ||||||
| 17 | money
to the law enforcement agency responsible for the | ||||||
| 18 | mitigation of the incident.
If the person has been previously
| ||||||
| 19 | convicted of violating any Section of this Act,
the fine shall | ||||||
| 20 | be $5,000 and the circuit clerk shall
distribute the money to | ||||||
| 21 | the law enforcement agency
responsible for the mitigation of | ||||||
| 22 | the incident.
In the event that more than one agency is
| ||||||
| 23 | responsible for an arrest which does not require mitigation, | ||||||
| 24 | the amount payable to law
enforcement agencies shall be shared | ||||||
| 25 | equally. Any moneys
received by a law enforcement agency under | ||||||
| 26 | this Section shall
be used for law enforcement expenses. | ||||||
| |||||||
| |||||||
| 1 | Any moneys collected for the Illinois State Police shall be | ||||||
| 2 | remitted to the State Treasurer and deposited into the State | ||||||
| 3 | Police Operations Assistance Fund. | ||||||
| 4 | (Source: P.A. 100-987, eff. 7-1-19.)
| ||||||
| 5 | (720 ILCS 646/95)
| ||||||
| 6 | Sec. 95. Youth Drug Abuse Prevention Fund. | ||||||
| 7 | (a) Twelve and one-half percent of all amounts collected as | ||||||
| 8 | fines pursuant to the provisions of this Article shall be paid | ||||||
| 9 | into the Youth Drug Abuse Prevention Fund created by the | ||||||
| 10 | Controlled Substances Act in the State treasury, to be used by | ||||||
| 11 | the Department for the funding of programs and services for | ||||||
| 12 | drug-abuse treatment, and prevention and education services, | ||||||
| 13 | for juveniles. | ||||||
| 14 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
| 15 | all fines received under the provisions of this Act shall be | ||||||
| 16 | transmitted to and deposited into the State treasury and | ||||||
| 17 | distributed as follows: | ||||||
| 18 | (1) If such seizure was made by a combination of law
| ||||||
| 19 | enforcement personnel representing differing units of | ||||||
| 20 | local government, the court levying the fine shall | ||||||
| 21 | equitably allocate 50% of the fine among these units of | ||||||
| 22 | local government and shall allocate 37.5% to the county | ||||||
| 23 | general corporate fund. If the seizure was made by law | ||||||
| 24 | enforcement personnel representing a unit of local | ||||||
| 25 | government from a municipality where the number of | ||||||
| |||||||
| |||||||
| 1 | inhabitants exceeds 2 million in population, the court | ||||||
| 2 | levying the fine shall allocate 87.5% of the fine to that | ||||||
| 3 | unit of local government. If the seizure was made by a | ||||||
| 4 | combination of law enforcement personnel representing | ||||||
| 5 | differing units of local government and if at least one of | ||||||
| 6 | those units represents a municipality where the number of | ||||||
| 7 | inhabitants exceeds 2 million in population, the court | ||||||
| 8 | shall equitably allocate 87.5% of the proceeds of the fines | ||||||
| 9 | received among the differing units of local government.
| ||||||
| 10 | (2) If such seizure was made by State law
enforcement | ||||||
| 11 | personnel, then the court shall allocate 37.5% to the State | ||||||
| 12 | treasury and 50% to the county general corporate fund.
| ||||||
| 13 | (3) If a State law enforcement agency in combination
| ||||||
| 14 | with any law enforcement agency or agencies of a unit or | ||||||
| 15 | units of local government conducted the seizure, the court | ||||||
| 16 | shall equitably allocate 37.5% of the fines to or among the | ||||||
| 17 | law enforcement agency or agencies of the unit or units of | ||||||
| 18 | local government that conducted the seizure and shall | ||||||
| 19 | allocate 50% to the county general corporate fund.
| ||||||
| 20 | (c) The proceeds of all fines allocated to the law | ||||||
| 21 | enforcement agency or agencies of the unit or units of local | ||||||
| 22 | government pursuant to subsection (b) shall be made available | ||||||
| 23 | to that law enforcement agency as expendable receipts for use | ||||||
| 24 | in the enforcement of laws regulating controlled substances and | ||||||
| 25 | cannabis. The proceeds of fines awarded to the State treasury | ||||||
| 26 | shall be deposited in a special fund known as the Drug Traffic | ||||||
| |||||||
| |||||||
| 1 | Prevention Fund, except that amounts distributed to the | ||||||
| 2 | Secretary of State shall be deposited into the Secretary of | ||||||
| 3 | State Evidence Fund to be used as provided in Section 2-115 of | ||||||
| 4 | the Illinois Vehicle Code. Moneys from this Fund may be used by | ||||||
| 5 | the Illinois Department of State Police for use in the | ||||||
| 6 | enforcement of laws regulating controlled substances and | ||||||
| 7 | cannabis; to satisfy funding provisions of the | ||||||
| 8 | Intergovernmental Drug Laws Enforcement Act; to defray costs | ||||||
| 9 | and expenses associated with returning violators of the | ||||||
| 10 | Cannabis Control Act and this Act only, as provided in those | ||||||
| 11 | Acts, when punishment of the crime shall be confinement of the | ||||||
| 12 | criminal in the penitentiary; and all other moneys shall be | ||||||
| 13 | paid into the General Revenue Fund in the State treasury.
| ||||||
| 14 | (Source: P.A. 94-556, eff. 9-11-05.)
| ||||||
| 15 | Section 1005. The Methamphetamine Precursor Control Act is | ||||||
| 16 | amended by changing Section 10 as follows:
| ||||||
| 17 | (720 ILCS 648/10) | ||||||
| 18 | Sec. 10. Definitions. In this Act: | ||||||
| 19 | "Administer" or "administration" has the meaning provided | ||||||
| 20 | in Section 102 of the Illinois Controlled Substances Act. | ||||||
| 21 | "Agent" has the meaning provided in Section 102 of the | ||||||
| 22 | Illinois Controlled Substances Act. | ||||||
| 23 | "Authorized representative" means an employee or agent of a | ||||||
| 24 | qualified outside entity who has been authorized in writing by | ||||||
| |||||||
| |||||||
| 1 | his or her agency or office to receive confidential information | ||||||
| 2 | from the Central Repository. | ||||||
| 3 | "Central Repository" means the entity chosen by the | ||||||
| 4 | Illinois State Police to handle electronic transaction records | ||||||
| 5 | as described in this Act. | ||||||
| 6 | "Convenience package" means any package that contains 360 | ||||||
| 7 | milligrams or less of ephedrine or pseudoephedrine, their salts | ||||||
| 8 | or optical isomers, or salts of optical isomers in liquid or | ||||||
| 9 | liquid-filled capsule form. | ||||||
| 10 | "Covered pharmacy" means any pharmacy that distributes any | ||||||
| 11 | amount of targeted methamphetamine precursor that is | ||||||
| 12 | physically located in Illinois. | ||||||
| 13 | "Deliver" has the meaning provided in Section 102 of the | ||||||
| 14 | Illinois Controlled Substances Act. | ||||||
| 15 | "Dispense" has the meaning provided in Section 102 of the | ||||||
| 16 | Illinois Controlled Substances Act.
| ||||||
| 17 | "Distribute" has the meaning provided in Section 102 of the | ||||||
| 18 | Illinois Controlled Substances Act. | ||||||
| 19 | "Electronic transaction record" means, with respect to the | ||||||
| 20 | distribution of a targeted methamphetamine precursor by a | ||||||
| 21 | pharmacy to a recipient under Section 25 of this Act, an | ||||||
| 22 | electronic record that includes: the name and address of the | ||||||
| 23 | recipient; date and time of the transaction; brand and product | ||||||
| 24 | name and total quantity distributed of ephedrine or | ||||||
| 25 | pseudoephedrine, their salts, or optical isomers, or salts of | ||||||
| 26 | optical isomers; identification type and identification number | ||||||
| |||||||
| |||||||
| 1 | of the identification presented by the recipient; and the name | ||||||
| 2 | and address of the pharmacy. | ||||||
| 3 | "Identification information" means identification type and | ||||||
| 4 | identification number. | ||||||
| 5 | "Identification number" means the number that appears on | ||||||
| 6 | the identification furnished by the recipient of a targeted | ||||||
| 7 | methamphetamine precursor. | ||||||
| 8 | "Identification type" means the type of identification | ||||||
| 9 | furnished by the recipient of a targeted methamphetamine | ||||||
| 10 | precursor such as, by way of example only, an Illinois driver's | ||||||
| 11 | license or United States passport. | ||||||
| 12 | "List I chemical" has the meaning provided in 21 U.S.C. | ||||||
| 13 | Section 802. | ||||||
| 14 | "Methamphetamine precursor" has the meaning provided in | ||||||
| 15 | Section 10 of the Methamphetamine Control and Community | ||||||
| 16 | Protection Act. | ||||||
| 17 | "Package" means an item packaged and marked for retail sale | ||||||
| 18 | that is not designed to be further broken down or subdivided | ||||||
| 19 | for the purpose of retail sale. | ||||||
| 20 | "Pharmacist" has the meaning provided in Section 102 of the | ||||||
| 21 | Illinois Controlled Substances Act.
| ||||||
| 22 | "Pharmacy" has the meaning provided in Section 102 of the | ||||||
| 23 | Illinois Controlled Substances Act. | ||||||
| 24 | "Practitioner" has the meaning provided in Section 102 of | ||||||
| 25 | the Illinois Controlled Substances Act. | ||||||
| 26 | "Prescriber" has the meaning provided in Section 102 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Controlled Substances Act. | ||||||
| 2 | "Prescription" has the meaning provided in Section 102 of | ||||||
| 3 | the Illinois Controlled Substances Act. | ||||||
| 4 | "Procure" means to purchase, steal, gather, or otherwise | ||||||
| 5 | obtain, for oneself or another person, by legal or illegal | ||||||
| 6 | means, or to cause another to take that action. | ||||||
| 7 | "Qualified outside entity" means a law enforcement agency | ||||||
| 8 | or prosecutor's office with authority to identify, | ||||||
| 9 | investigate, or prosecute violations of this Act or any other | ||||||
| 10 | State or federal law or rule involving a methamphetamine | ||||||
| 11 | precursor, methamphetamine, or any other controlled substance. | ||||||
| 12 | "Readily retrievable" has the meaning provided in 21 C.F.R. | ||||||
| 13 | part 1300. | ||||||
| 14 | "Recipient" means a person purchasing, receiving, or | ||||||
| 15 | otherwise acquiring a targeted methamphetamine precursor from | ||||||
| 16 | a pharmacy in Illinois, as described in Section 25 of this Act. | ||||||
| 17 | "Retail distributor" means a grocery store, general | ||||||
| 18 | merchandise store, drug store, other merchandise store, or | ||||||
| 19 | other entity or person whose activities as a distributor | ||||||
| 20 | relating to drug products containing targeted methamphetamine | ||||||
| 21 | precursor are limited exclusively or almost exclusively to | ||||||
| 22 | sales for personal use by an ultimate user, both in number of | ||||||
| 23 | sales and volume of sales, either directly to walk-in customers | ||||||
| 24 | or in face-to-face transactions by direct sales. | ||||||
| 25 | "Sales employee" means any employee or agent, other than a | ||||||
| 26 | pharmacist or pharmacy technician who at any time (a) operates | ||||||
| |||||||
| |||||||
| 1 | a cash register at which convenience
packages may be sold, (b) | ||||||
| 2 | stocks shelves containing convenience packages, or (c) trains | ||||||
| 3 | or supervises any other employee or agent who engages in any of | ||||||
| 4 | the preceding activities. | ||||||
| 5 | "Single retail transaction" means a sale by a retail | ||||||
| 6 | distributor to a recipient at a specific time. | ||||||
| 7 | "Targeted methamphetamine precursor" means any compound, | ||||||
| 8 | mixture, or preparation that contains any detectable quantity | ||||||
| 9 | of ephedrine or pseudoephedrine, their salts or optical | ||||||
| 10 | isomers, or salts of optical isomers. | ||||||
| 11 | "Targeted package" means a package, including a | ||||||
| 12 | convenience package, containing any amount of targeted | ||||||
| 13 | methamphetamine precursor. | ||||||
| 14 | "Ultimate user" has the meaning provided in Section 102 of | ||||||
| 15 | the Illinois Controlled Substances Act.
| ||||||
| 16 | (Source: P.A. 97-670, eff. 1-19-12; 98-371, eff. 8-16-13.)
| ||||||
| 17 | Section 1010. The Methamphetamine Precursor Tracking Act | ||||||
| 18 | is amended by changing Sections 10, 15, 20, and 25 as follows:
| ||||||
| 19 | (720 ILCS 649/10)
| ||||||
| 20 | Sec. 10. Definitions. In this Act: | ||||||
| 21 | "Administer" or "administration" has the meaning provided | ||||||
| 22 | in Section 102 of the Illinois Controlled Substances Act.
| ||||||
| 23 | "Agent" has the meaning provided in Section 102 of the | ||||||
| 24 | Illinois Controlled Substances Act. | ||||||
| |||||||
| |||||||
| 1 | "Authorized representative" means an employee or agent of a | ||||||
| 2 | qualified outside entity who has been authorized in writing by | ||||||
| 3 | his or her agency or office to receive confidential information | ||||||
| 4 | from the central repository. | ||||||
| 5 | "Central Repository" means the entity chosen by the | ||||||
| 6 | Illinois State Police to handle electronic transaction records | ||||||
| 7 | as described in this Act. | ||||||
| 8 | "Convenience package" means any package that contains 360 | ||||||
| 9 | milligrams or less of ephedrine or pseudoephedrine, their salts | ||||||
| 10 | or optical isomers, or salts of optical isomers in liquid or | ||||||
| 11 | liquid filled capsule form. | ||||||
| 12 | "Covered pharmacy" means any pharmacy that distributes any | ||||||
| 13 | amount of targeted methamphetamine precursor that is | ||||||
| 14 | physically located in Illinois.
| ||||||
| 15 | "Deliver" has the meaning provided in Section 102 of the | ||||||
| 16 | Illinois Controlled Substances Act.
| ||||||
| 17 | "Dispense" has the meaning provided in Section 102 of the | ||||||
| 18 | Illinois Controlled Substances Act.
| ||||||
| 19 | "Distribute" has the meaning provided in Section 102 of the | ||||||
| 20 | Illinois Controlled Substances Act.
| ||||||
| 21 | "Electronic transaction record" means, with respect to the | ||||||
| 22 | distribution of a targeted methamphetamine precursor by a | ||||||
| 23 | pharmacy to a recipient under Section 25 of the Methamphetamine | ||||||
| 24 | Precursor Control Act, an electronic record that includes: the | ||||||
| 25 | name and address of the recipient; date and time of the | ||||||
| 26 | transaction; brand and product name and total quantity | ||||||
| |||||||
| |||||||
| 1 | distributed of ephedrine or pseudoephedrine, their salts, or | ||||||
| 2 | optical isomers, or salts of optical isomers; identification | ||||||
| 3 | type and identification number of the identification presented | ||||||
| 4 | by the recipient; and the name and address of the pharmacy.
| ||||||
| 5 | "Identification information" means identification type and | ||||||
| 6 | identification number.
| ||||||
| 7 | "Identification number" means the number that appears on | ||||||
| 8 | the identification furnished by the recipient of a targeted | ||||||
| 9 | methamphetamine precursor.
| ||||||
| 10 | "Identification type" means the type of identification | ||||||
| 11 | furnished by the recipient of a targeted methamphetamine | ||||||
| 12 | precursor such as, by way of example only, an Illinois driver's | ||||||
| 13 | license or United States passport.
| ||||||
| 14 | "List I chemical" has the meaning provided in 21 U.S.C. | ||||||
| 15 | 802.
| ||||||
| 16 | "Methamphetamine precursor" has the meaning provided in | ||||||
| 17 | Section 10 of the Methamphetamine Control and Community | ||||||
| 18 | Protection Act.
| ||||||
| 19 | "Package" means an item packaged and marked for retail sale | ||||||
| 20 | that is not designed to be further broken down or subdivided | ||||||
| 21 | for the purpose of retail sale.
| ||||||
| 22 | "Pharmacist" has the meaning provided in Section 102 of the | ||||||
| 23 | Illinois Controlled Substances Act.
| ||||||
| 24 | "Pharmacy" has the meaning provided in Section 102 of the | ||||||
| 25 | Illinois Controlled Substances Act.
| ||||||
| 26 | "Practitioner" has the meaning provided in Section 102 of | ||||||
| |||||||
| |||||||
| 1 | the Illinois Controlled Substances Act.
| ||||||
| 2 | "Prescriber" has the meaning provided in Section 102 of the | ||||||
| 3 | Illinois Controlled Substances Act.
| ||||||
| 4 | "Prescription" has the meaning provided in Section 102 of | ||||||
| 5 | the Illinois Controlled Substances Act.
| ||||||
| 6 | "Qualified outside entity" means: | ||||||
| 7 | (1) a law enforcement agency or prosecutor's office | ||||||
| 8 | with authority to identify, investigate, or prosecute | ||||||
| 9 | violations of this Act or any other State or federal law or | ||||||
| 10 | rule involving a methamphetamine precursor, | ||||||
| 11 | methamphetamine, or any other controlled substance; | ||||||
| 12 | (2) any probation and court services department | ||||||
| 13 | authorized by the Probation and Probation Officers Act; | ||||||
| 14 | (3) the Department of Corrections; | ||||||
| 15 | (4) the Department of Juvenile Justice; | ||||||
| 16 | (5) the U.S. Probation and Pretrial Services System; or | ||||||
| 17 | (6) the U.S. Parole Commission.
| ||||||
| 18 | "Readily retrievable" has the meaning provided in 21 C.F.R. | ||||||
| 19 | part 1300.
| ||||||
| 20 | "Recipient" means a person purchasing, receiving, or | ||||||
| 21 | otherwise acquiring a targeted methamphetamine precursor from | ||||||
| 22 | a pharmacy in Illinois, as described in Section 25 of the | ||||||
| 23 | Methamphetamine Precursor Control Act. | ||||||
| 24 | "Retail distributor" means a grocery store, general | ||||||
| 25 | merchandise store, drug store, other merchandise store, or | ||||||
| 26 | other entity or person whose activities as a distributor | ||||||
| |||||||
| |||||||
| 1 | relating to drug products containing targeted methamphetamine | ||||||
| 2 | precursor are limited exclusively or almost exclusively to | ||||||
| 3 | sales for personal use by an ultimate user, both in number of | ||||||
| 4 | sales and volume of sales, either directly to walk-in customers | ||||||
| 5 | or in face-to-face transactions by direct sales.
| ||||||
| 6 | "Sales employee" means any employee or agent, other than a | ||||||
| 7 | pharmacist or pharmacy technician who at any time (1) operates | ||||||
| 8 | a cash register at which convenience packages may be sold, (2) | ||||||
| 9 | stocks shelves containing convenience packages, or (3) trains | ||||||
| 10 | or supervises any other employee or agent who engages in any of | ||||||
| 11 | the preceding activities.
| ||||||
| 12 | "Single retail transaction" means a sale by a retail | ||||||
| 13 | distributor to a recipient at a specific time.
| ||||||
| 14 | "Targeted methamphetamine precursor" means any compound, | ||||||
| 15 | mixture, or preparation that contains any detectable quantity | ||||||
| 16 | of ephedrine or pseudoephedrine, their salts or optical | ||||||
| 17 | isomers, or salts of optical isomers.
| ||||||
| 18 | "Targeted package" means a package, including a | ||||||
| 19 | convenience package, containing any amount of targeted | ||||||
| 20 | methamphetamine precursor.
| ||||||
| 21 | "Ultimate user" has the meaning provided in Section 102 of | ||||||
| 22 | the Illinois Controlled Substances Act.
| ||||||
| 23 | (Source: P.A. 97-670, eff. 1-19-12; 98-208, eff. 8-9-13.)
| ||||||
| 24 | (720 ILCS 649/15)
| ||||||
| 25 | Sec. 15. General provisions.
| ||||||
| |||||||
| |||||||
| 1 | (a) Structure.
There is established a statewide precursor | ||||||
| 2 | tracking program coordinated and administered by the Illinois | ||||||
| 3 | State Police to track purchases of targeted methamphetamine | ||||||
| 4 | precursors across multiple locations for the purposes stated in | ||||||
| 5 | Section 5 of this Act.
Every covered pharmacy must comply with | ||||||
| 6 | this Act.
The tracking program created by this Act shall be the | ||||||
| 7 | sole methamphetamine precursor tracking program in Illinois.
| ||||||
| 8 | (b) Transmission of electronic transaction records.
Unless | ||||||
| 9 | otherwise provided in this Act, each time a covered pharmacy | ||||||
| 10 | distributes a targeted methamphetamine precursor to a | ||||||
| 11 | recipient, the pharmacy shall transmit an electronic | ||||||
| 12 | transaction record to the Central Repository.
| ||||||
| 13 | (c) Notification. The Illinois Department of Financial and | ||||||
| 14 | Professional Regulation shall notify pharmacies seeking | ||||||
| 15 | licensure in Illinois of their obligation to comply with the | ||||||
| 16 | requirements of this Act.
| ||||||
| 17 | (d) Electronic transmission. Starting on the effective | ||||||
| 18 | date of this Act and continuing thereafter, covered pharmacies | ||||||
| 19 | shall transmit all electronic transaction records as required | ||||||
| 20 | by this Act.
| ||||||
| 21 | (e) Funding. Funding for the tracking program shall be | ||||||
| 22 | provided by the Illinois State Police drawing upon federal and | ||||||
| 23 | State grant money and other available sources.
| ||||||
| 24 | (Source: P.A. 97-670, eff. 1-19-12.)
| ||||||
| 25 | (720 ILCS 649/20)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 20. Secure website.
| ||||||
| 2 | (a) The Illinois State Police, in consultation with the | ||||||
| 3 | Department of Innovation and Technology, shall establish a | ||||||
| 4 | secure website for the transmission of electronic transaction | ||||||
| 5 | records and make it available free of charge to covered | ||||||
| 6 | pharmacies.
| ||||||
| 7 | (b) The secure website shall enable covered pharmacies to | ||||||
| 8 | transmit to the Central Repository an electronic transaction | ||||||
| 9 | record each time the pharmacy distributes a targeted | ||||||
| 10 | methamphetamine precursor to a recipient.
| ||||||
| 11 | (c) If the secure website becomes unavailable to a covered | ||||||
| 12 | pharmacy, the covered pharmacy may, during the period in which | ||||||
| 13 | the secure website is not available, continue to distribute | ||||||
| 14 | targeted methamphetamine precursor without using the secure | ||||||
| 15 | website if, during this period, the covered pharmacy maintains | ||||||
| 16 | and transmits handwritten logs as described in Sections 20 and | ||||||
| 17 | 25 of the Methamphetamine Precursor Control Act.
| ||||||
| 18 | (Source: P.A. 100-611, eff. 7-20-18.)
| ||||||
| 19 | (720 ILCS 649/25)
| ||||||
| 20 | Sec. 25. Confidentiality of records.
| ||||||
| 21 | (a) The Central Repository may delete each electronic | ||||||
| 22 | transaction record and handwritten log entry 48 months after | ||||||
| 23 | the date of the transaction it describes.
| ||||||
| 24 | (b) The Illinois State Police and Central Repository shall | ||||||
| 25 | carry out a program to protect the confidentiality of | ||||||
| |||||||
| |||||||
| 1 | electronic transaction records created pursuant to this Act and | ||||||
| 2 | shall ensure that this information remains completely | ||||||
| 3 | confidential except as specifically provided in subsections | ||||||
| 4 | (c) through (f) of this Section.
| ||||||
| 5 | (c) Any employee or agent of the Central Repository may | ||||||
| 6 | have access to electronic transaction records and handwritten | ||||||
| 7 | log entries solely for the purpose of receiving, processing, | ||||||
| 8 | storing or analyzing this information.
| ||||||
| 9 | (d) The Illinois State Police may grant qualified outside | ||||||
| 10 | agencies access to electronic transaction records or | ||||||
| 11 | handwritten log entries for the purpose of identifying, | ||||||
| 12 | investigating, or prosecuting violations of this Act or any | ||||||
| 13 | other State or federal law or rule involving a methamphetamine | ||||||
| 14 | precursor, methamphetamine, or any other controlled substance.
| ||||||
| 15 | (e) The Illinois State Police may release electronic | ||||||
| 16 | transaction records or handwritten log entries to the | ||||||
| 17 | authorized representative of a qualified outside entity only if | ||||||
| 18 | the Illinois State Police verifies that the entity receiving | ||||||
| 19 | electronic transaction records or handwritten log entries is a | ||||||
| 20 | qualified outside entity as defined in this Act and that | ||||||
| 21 | outside entity agrees or has previously agreed in writing that | ||||||
| 22 | it will use electronic transaction records and handwritten log | ||||||
| 23 | entries solely for the purpose of identifying, investigating, | ||||||
| 24 | or prosecuting violations of this Act or any other State or | ||||||
| 25 | federal law or rule involving a methamphetamine precursor, | ||||||
| 26 | methamphetamine, or any other controlled substance.
| ||||||
| |||||||
| |||||||
| 1 | (f) The Illinois State Police may release to the recipient | ||||||
| 2 | any electronic transaction records clearly relating to that | ||||||
| 3 | recipient, upon sufficient proof of identity.
| ||||||
| 4 | (Source: P.A. 97-670, eff. 1-19-12.)
| ||||||
| 5 | Section 1015. The Prevention of Tobacco Use by
Minors and | ||||||
| 6 | Sale and Distribution of Tobacco Products Act is amended by | ||||||
| 7 | changing Section 1 as follows:
| ||||||
| 8 | (720 ILCS 675/1) (from Ch. 23, par. 2357)
| ||||||
| 9 | Sec. 1. Prohibition on sale of tobacco products, electronic | ||||||
| 10 | cigarettes, and alternative nicotine products to persons under | ||||||
| 11 | 21 years of age; prohibition on the distribution of tobacco | ||||||
| 12 | product samples, electronic cigarette samples, and alternative | ||||||
| 13 | nicotine product samples to any person; use of identification | ||||||
| 14 | cards; vending machines; lunch
wagons; out-of-package sales.
| ||||||
| 15 | (a) No person under 21 years of age shall buy any tobacco | ||||||
| 16 | product, electronic cigarette, or alternative nicotine | ||||||
| 17 | product. No person shall sell, buy
for, distribute samples of | ||||||
| 18 | or furnish any tobacco product, electronic cigarette, or any | ||||||
| 19 | alternative nicotine product to any person under 21 years of | ||||||
| 20 | age. | ||||||
| 21 | (a-5) No person under 16 years of
age may sell any tobacco | ||||||
| 22 | product, electronic cigarette, or alternative nicotine product | ||||||
| 23 | at a retail
establishment selling tobacco products, electronic
| ||||||
| 24 | cigarettes, or alternative nicotine products. This subsection | ||||||
| |||||||
| |||||||
| 1 | does not apply
to a sales clerk in a family-owned business | ||||||
| 2 | which can prove that the sales
clerk
is in fact a son or | ||||||
| 3 | daughter of the owner.
| ||||||
| 4 | (a-5.1) Before selling, offering for sale, giving, or
| ||||||
| 5 | furnishing a tobacco product, electronic cigarette, or | ||||||
| 6 | alternative nicotine product to
another person, the person | ||||||
| 7 | selling, offering for sale, giving,
or furnishing the tobacco | ||||||
| 8 | product, electronic cigarette, or alternative nicotine product | ||||||
| 9 | shall
verify that the person is at least 21 years of age by: | ||||||
| 10 | (1) examining from any person that appears to be under
| ||||||
| 11 | 30 years of age a government-issued photographic
| ||||||
| 12 | identification that establishes the person to be 21 years
| ||||||
| 13 | of age or older; or | ||||||
| 14 | (2) for sales of tobacco products, electronic | ||||||
| 15 | cigarettes, or alternative nicotine products made through | ||||||
| 16 | the
Internet or other remote sales methods, performing an | ||||||
| 17 | age
verification through an independent, third party age
| ||||||
| 18 | verification service that compares information available
| ||||||
| 19 | from public records to the personal information entered by
| ||||||
| 20 | the person during the ordering process that establishes the
| ||||||
| 21 | person is 21 years of age or older. | ||||||
| 22 | (a-6) No person under 21 years of age in the furtherance or | ||||||
| 23 | facilitation of obtaining any tobacco product,
electronic | ||||||
| 24 | cigarette, or alternative nicotine product shall display or use | ||||||
| 25 | a false or forged identification card or transfer, alter, or | ||||||
| 26 | deface an identification card.
| ||||||
| |||||||
| |||||||
| 1 | (a-7) (Blank). | ||||||
| 2 | (a-8) A person shall not distribute without charge samples | ||||||
| 3 | of any tobacco product to any other person, regardless of age, | ||||||
| 4 | except for smokeless tobacco in an adult-only facility. | ||||||
| 5 | This subsection (a-8) does not apply to the distribution of | ||||||
| 6 | a tobacco product, electronic cigarette, or alternative | ||||||
| 7 | nicotine product sample in any adult-only facility. | ||||||
| 8 | (a-9) For the purpose of this Section: | ||||||
| 9 | "Adult-only facility" means a facility or restricted | ||||||
| 10 | area (whether open-air or enclosed) where the operator | ||||||
| 11 | ensures or has a reasonable basis to believe (such as by | ||||||
| 12 | checking identification as required under State law, or by | ||||||
| 13 | checking the identification of any person appearing to be | ||||||
| 14 | under the age of 30) that no person under legal age is | ||||||
| 15 | present. A facility or restricted area need not be | ||||||
| 16 | permanently restricted to persons under 21 years of age to | ||||||
| 17 | constitute an adult-only facility, provided that the | ||||||
| 18 | operator ensures or has a reasonable basis to believe that | ||||||
| 19 | no person under 21 years of age is present during the event | ||||||
| 20 | or time period in question. | ||||||
| 21 | "Alternative nicotine product" means a product or | ||||||
| 22 | device not consisting of or containing tobacco that | ||||||
| 23 | provides for the ingestion into the body of nicotine, | ||||||
| 24 | whether by chewing, smoking, absorbing, dissolving, | ||||||
| 25 | inhaling, snorting, sniffing, or by any other means. | ||||||
| 26 | "Alternative nicotine product" does not include: | ||||||
| |||||||
| |||||||
| 1 | cigarettes as defined in Section 1 of the Cigarette Tax Act | ||||||
| 2 | and tobacco products as defined in Section 10-5 of the | ||||||
| 3 | Tobacco Products Tax Act of 1995; tobacco product and | ||||||
| 4 | electronic cigarette as defined in this Section; or any | ||||||
| 5 | product approved by the United States Food and Drug | ||||||
| 6 | Administration for sale as a tobacco cessation product, as | ||||||
| 7 | a tobacco dependence product, or for other medical | ||||||
| 8 | purposes, and is being marketed and sold solely for that | ||||||
| 9 | approved purpose. | ||||||
| 10 | "Electronic cigarette" means: | ||||||
| 11 | (1) any device that employs a battery or other
| ||||||
| 12 | mechanism to heat a solution or substance to produce a
| ||||||
| 13 | vapor or aerosol intended for inhalation; | ||||||
| 14 | (2) any cartridge or container of a solution or
| ||||||
| 15 | substance intended to be used with or in the device or | ||||||
| 16 | to
refill the device; or | ||||||
| 17 | (3) any solution or substance, whether or not it
| ||||||
| 18 | contains nicotine intended for use in the device.
| ||||||
| 19 | "Electronic cigarette" includes, but is not limited | ||||||
| 20 | to, any
electronic nicotine delivery system, electronic | ||||||
| 21 | cigar,
electronic cigarillo, electronic pipe, electronic | ||||||
| 22 | hookah,
vape pen, or similar product or device, and any | ||||||
| 23 | components
or parts that can be used to build the product | ||||||
| 24 | or device.
"Electronic cigarette" does not include: | ||||||
| 25 | cigarettes as defined in
Section 1 of the Cigarette Tax Act | ||||||
| 26 | and tobacco products as
defined in Section 10-5 of the | ||||||
| |||||||
| |||||||
| 1 | Tobacco Products Tax Act of
1995; tobacco product and | ||||||
| 2 | alternative nicotine product as defined in this Section; | ||||||
| 3 | any product approved by the United States Food and Drug | ||||||
| 4 | Administration for sale as a tobacco cessation product, as | ||||||
| 5 | a tobacco dependence product, or for other medical | ||||||
| 6 | purposes, and is being marketed and sold solely for that | ||||||
| 7 | approved purpose; any asthma
inhaler prescribed by a | ||||||
| 8 | physician for that condition and is being marketed and sold | ||||||
| 9 | solely for that approved purpose; or any therapeutic | ||||||
| 10 | product approved for use under the Compassionate Use of | ||||||
| 11 | Medical Cannabis
Pilot Program Act. | ||||||
| 12 | "Lunch wagon" means a mobile vehicle
designed and | ||||||
| 13 | constructed to transport food and from which food is sold | ||||||
| 14 | to the
general public. | ||||||
| 15 | "Nicotine" means any form of the chemical nicotine, | ||||||
| 16 | including any salt or complex, regardless of whether the | ||||||
| 17 | chemical is naturally or synthetically derived.
| ||||||
| 18 | "Tobacco product" means any product containing or made
| ||||||
| 19 | from tobacco that is intended for human consumption,
| ||||||
| 20 | whether smoked, heated, chewed, absorbed, dissolved,
| ||||||
| 21 | inhaled, snorted, sniffed, or ingested by any other means,
| ||||||
| 22 | including, but not limited to, cigarettes, cigars, little
| ||||||
| 23 | cigars, chewing tobacco, pipe tobacco, snuff, snus, and any | ||||||
| 24 | other smokeless tobacco product which contains tobacco | ||||||
| 25 | that is finely cut, ground, powdered, or leaf and intended | ||||||
| 26 | to be placed in the oral cavity.
"Tobacco product" includes | ||||||
| |||||||
| |||||||
| 1 | any component, part, or
accessory of a tobacco product, | ||||||
| 2 | whether or not sold
separately. "Tobacco product" does not | ||||||
| 3 | include: an electronic cigarette and alternative nicotine | ||||||
| 4 | product as defined in this Section; or any product
that has | ||||||
| 5 | been approved by the United States Food and Drug
| ||||||
| 6 | Administration for sale as a tobacco cessation product, as | ||||||
| 7 | a tobacco dependence product, or
for other medical | ||||||
| 8 | purposes, and is being marketed and sold solely for that | ||||||
| 9 | approved purpose. | ||||||
| 10 | (b) Tobacco products, electronic cigarettes, and | ||||||
| 11 | alternative nicotine products may be sold through a vending | ||||||
| 12 | machine
only if such tobacco products, electronic cigarettes, | ||||||
| 13 | and alternative nicotine products are not placed together with | ||||||
| 14 | any non-tobacco product, other than matches, in the vending | ||||||
| 15 | machine and the vending machine is in
any of the following | ||||||
| 16 | locations:
| ||||||
| 17 | (1) (Blank).
| ||||||
| 18 | (2) Places to which persons under 21 years of age are | ||||||
| 19 | not permitted access at any time.
| ||||||
| 20 | (3) Places where alcoholic beverages are sold and | ||||||
| 21 | consumed on the
premises and vending machine operation is | ||||||
| 22 | under the direct supervision of the owner or manager.
| ||||||
| 23 | (4) (Blank).
| ||||||
| 24 | (5) (Blank).
| ||||||
| 25 | (c) (Blank).
| ||||||
| 26 | (d) The sale or distribution by any person of a tobacco | ||||||
| |||||||
| |||||||
| 1 | product as defined in this Section, including but not limited | ||||||
| 2 | to a single or loose cigarette, that is not contained within a | ||||||
| 3 | sealed container, pack, or package as provided by the | ||||||
| 4 | manufacturer, which container, pack, or package bears the | ||||||
| 5 | health warning required by federal law, is prohibited.
| ||||||
| 6 | (e) It is not a violation of this Act for a person under 21 | ||||||
| 7 | years of age to purchase a tobacco product, electronic | ||||||
| 8 | cigarette, or alternative nicotine product if the person under | ||||||
| 9 | the age of 21 purchases or is given the tobacco product, | ||||||
| 10 | electronic cigarette, or alternative nicotine product in any of | ||||||
| 11 | its forms from a retail seller of tobacco products, electronic | ||||||
| 12 | cigarettes, or alternative nicotine products or an employee of | ||||||
| 13 | the retail seller pursuant to a plan or action to investigate, | ||||||
| 14 | patrol, or otherwise conduct a "sting operation" or enforcement | ||||||
| 15 | action against a retail seller of tobacco products, electronic | ||||||
| 16 | cigarettes, or alternative nicotine products or a person | ||||||
| 17 | employed by the retail seller of tobacco products, electronic | ||||||
| 18 | cigarettes, or alternative nicotine products or on any premises | ||||||
| 19 | authorized to sell tobacco products, electronic cigarettes, or | ||||||
| 20 | alternative nicotine products to determine if tobacco | ||||||
| 21 | products, electronic cigarettes, or alternative nicotine | ||||||
| 22 | products are being sold or given to persons under 21 years of | ||||||
| 23 | age if the "sting operation" or enforcement action is approved | ||||||
| 24 | by, conducted by, or conducted on behalf of the Illinois | ||||||
| 25 | Department of State Police, the county sheriff, a municipal | ||||||
| 26 | police department, the Department of Revenue, the Department of | ||||||
| |||||||
| |||||||
| 1 | Public Health, or a local health department. The results of any | ||||||
| 2 | sting operation or enforcement action, including the name of | ||||||
| 3 | the clerk, shall be provided to the retail seller within 7 | ||||||
| 4 | business days. | ||||||
| 5 | (Source: P.A. 101-2, eff. 7-1-19.)
| ||||||
| 6 | Section 1020. The Code of Criminal Procedure of 1963 is | ||||||
| 7 | amended by changing Sections 104-26, 107-4, 108A-11, 108B-1, | ||||||
| 8 | 108B-2, 108B-5, 108B-13, 108B-14, 110-7, 112A-11.1, 112A-11.2, | ||||||
| 9 | 112A-14, 112A-14.7, 112A-17.5, 112A-20, 112A-22, 112A-28, | ||||||
| 10 | 115-15, 116-3, 116-4, 116-5, 124B-605, 124B-705, 124B-710, | ||||||
| 11 | 124B-930, and 124B-935 as follows:
| ||||||
| 12 | (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
| ||||||
| 13 | Sec. 104-26. Disposition of Defendants suffering | ||||||
| 14 | disabilities.
| ||||||
| 15 | (a) A defendant convicted following a trial conducted under | ||||||
| 16 | the provisions
of Section 104-22 shall not be sentenced before | ||||||
| 17 | a written presentence report of
investigation is presented to | ||||||
| 18 | and considered by the court. The presentence
report shall be | ||||||
| 19 | prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of
the | ||||||
| 20 | Unified Code of Corrections, as now or hereafter amended, and | ||||||
| 21 | shall
include a physical and mental examination unless the | ||||||
| 22 | court finds that the
reports of prior physical and mental | ||||||
| 23 | examinations conducted pursuant to
this Article are adequate | ||||||
| 24 | and recent enough so that additional examinations
would be | ||||||
| |||||||
| |||||||
| 1 | unnecessary.
| ||||||
| 2 | (b) A defendant convicted following a trial under Section | ||||||
| 3 | 104-22 shall
not be subject to the death penalty.
| ||||||
| 4 | (c) A defendant convicted following a trial under Section | ||||||
| 5 | 104-22 shall
be sentenced according to
the procedures and | ||||||
| 6 | dispositions authorized under the Unified Code of
Corrections,
| ||||||
| 7 | as now or hereafter amended, subject to the following | ||||||
| 8 | provisions:
| ||||||
| 9 | (1) The court shall not impose a sentence of | ||||||
| 10 | imprisonment upon the
offender
if the court believes that | ||||||
| 11 | because of his disability a sentence of imprisonment
would | ||||||
| 12 | not serve the ends of justice and the interests of society | ||||||
| 13 | and the
offender or that because of his disability a | ||||||
| 14 | sentence of imprisonment would
subject the offender to | ||||||
| 15 | excessive hardship. In addition to any other
conditions of | ||||||
| 16 | a sentence of conditional discharge or probation the court | ||||||
| 17 | may
require
that the offender undergo treatment | ||||||
| 18 | appropriate to his mental or physical
condition.
| ||||||
| 19 | (2) After imposing a sentence of imprisonment upon an | ||||||
| 20 | offender who has
a mental disability, the court may remand | ||||||
| 21 | him to the custody of the Department
of Human Services and
| ||||||
| 22 | order a hearing to be
conducted pursuant to the provisions | ||||||
| 23 | of the Mental Health and Developmental
Disabilities Code, | ||||||
| 24 | as now or hereafter amended. If the offender is committed
| ||||||
| 25 | following such hearing, he shall be treated in the same | ||||||
| 26 | manner as any other
civilly committed patient for all | ||||||
| |||||||
| |||||||
| 1 | purposes except as provided in this Section.
If the | ||||||
| 2 | defendant is not committed pursuant to such hearing, he | ||||||
| 3 | shall be
remanded to the sentencing court for disposition | ||||||
| 4 | according to the sentence
imposed.
| ||||||
| 5 | (3) If the court imposes a sentence of imprisonment | ||||||
| 6 | upon an offender who
has a mental disability but does not | ||||||
| 7 | proceed under subparagraph (2) of
paragraph
(c) of this | ||||||
| 8 | Section, it shall order the Department of Corrections
to | ||||||
| 9 | proceed pursuant to Section 3-8-5 of the Unified Code of | ||||||
| 10 | Corrections,
as now or hereafter amended.
| ||||||
| 11 | (3.5) If the court imposes a sentence of imprisonment | ||||||
| 12 | upon an offender who
has a mental disability, the court | ||||||
| 13 | shall direct
the circuit court clerk to immediately notify | ||||||
| 14 | the
Illinois Department of State Police, Firearm Owner's | ||||||
| 15 | Identification
(FOID) Office, in a form and manner | ||||||
| 16 | prescribed by the Illinois Department of State Police and | ||||||
| 17 | shall forward a copy of the court order
to the Department.
| ||||||
| 18 | (4) If the court imposes a sentence of imprisonment | ||||||
| 19 | upon an offender
who has a physical disability, it may | ||||||
| 20 | authorize the Department of Corrections
to place the | ||||||
| 21 | offender in a public or private facility which is able to | ||||||
| 22 | provide
care or treatment for the offender's disability and | ||||||
| 23 | which agrees to do so.
| ||||||
| 24 | (5) When an offender is placed with the Department of | ||||||
| 25 | Human Services or
another facility pursuant
to | ||||||
| 26 | subparagraph (2) or (4) of this paragraph (c), the | ||||||
| |||||||
| |||||||
| 1 | Department or private
facility shall
not discharge or allow | ||||||
| 2 | the offender to be at large in the community without
prior | ||||||
| 3 | approval of the court. If the defendant is placed in the | ||||||
| 4 | custody
of the Department of Human Services, the defendant
| ||||||
| 5 | shall be placed in a secure setting unless the court | ||||||
| 6 | determines that there
are compelling reasons why such | ||||||
| 7 | placement is not necessary. The offender
shall accrue good | ||||||
| 8 | time and shall be eligible for parole in the same manner
as | ||||||
| 9 | if he were serving his sentence within the Department of | ||||||
| 10 | Corrections.
When the offender no longer requires | ||||||
| 11 | hospitalization, care, or treatment,
the Department of | ||||||
| 12 | Human Services or the facility shall transfer him,
if his | ||||||
| 13 | sentence has not expired, to the Department of Corrections. | ||||||
| 14 | If an
offender is transferred to the Department of | ||||||
| 15 | Corrections, the Department of
Human Services shall
| ||||||
| 16 | transfer to the Department of Corrections all related | ||||||
| 17 | records pertaining to
length of custody and treatment | ||||||
| 18 | services provided during the time the offender
was held.
| ||||||
| 19 | (6) The Department of Corrections shall notify the | ||||||
| 20 | Department of
Human
Services or a facility in
which an | ||||||
| 21 | offender
has been placed pursuant to subparagraph (2) or | ||||||
| 22 | (4) of paragraph (c) of
this Section of the expiration of | ||||||
| 23 | his sentence. Thereafter, an offender
in the Department of | ||||||
| 24 | Human Services shall
continue to be treated pursuant to his | ||||||
| 25 | commitment order and shall be considered
a civilly | ||||||
| 26 | committed patient for all purposes including discharge. An | ||||||
| |||||||
| |||||||
| 1 | offender
who is in a facility pursuant to subparagraph (4)
| ||||||
| 2 | of paragraph (c) of this Section shall be informed by the | ||||||
| 3 | facility of the
expiration of his sentence, and shall | ||||||
| 4 | either consent to the continuation of
his care or treatment | ||||||
| 5 | by the facility or shall be discharged.
| ||||||
| 6 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
| 7 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
| ||||||
| 8 | Sec. 107-4. Arrest by peace officer from other | ||||||
| 9 | jurisdiction.
| ||||||
| 10 | (a) As used in this Section:
| ||||||
| 11 | (1) "State" means any State of the United States and | ||||||
| 12 | the District of
Columbia.
| ||||||
| 13 | (2) "Peace Officer" means any peace officer or member | ||||||
| 14 | of any duly
organized State, County, or Municipal peace | ||||||
| 15 | unit, any police force of another
State, the United States | ||||||
| 16 | Department of Defense, or any police force whose members, | ||||||
| 17 | by statute, are granted and authorized to exercise powers | ||||||
| 18 | similar to those conferred upon any peace officer employed | ||||||
| 19 | by a law enforcement agency of this State.
| ||||||
| 20 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
| 21 | person who is
endeavoring to avoid arrest.
| ||||||
| 22 | (4) "Law enforcement agency" means a municipal police | ||||||
| 23 | department or
county
sheriff's office of this State.
| ||||||
| 24 | (a-3) Any peace officer employed by a law enforcement | ||||||
| 25 | agency of this State
may conduct temporary questioning pursuant | ||||||
| |||||||
| |||||||
| 1 | to Section 107-14 of this Code and
may make arrests in any | ||||||
| 2 | jurisdiction within this State: (1) if the officer is
engaged | ||||||
| 3 | in the investigation of criminal activity that occurred in the | ||||||
| 4 | officer's
primary jurisdiction and the temporary questioning | ||||||
| 5 | or arrest relates to, arises from, or is conducted pursuant to | ||||||
| 6 | that investigation; or (2) if the officer, while on duty as a
| ||||||
| 7 | peace officer, becomes personally aware of the immediate | ||||||
| 8 | commission of a felony
or misdemeanor violation of the laws of | ||||||
| 9 | this State; or (3) if
the officer, while on duty as a peace | ||||||
| 10 | officer, is requested by an
appropriate State or local law | ||||||
| 11 | enforcement official to render aid or
assistance to the | ||||||
| 12 | requesting law enforcement agency that is outside the
officer's | ||||||
| 13 | primary jurisdiction; or (4) in accordance with Section | ||||||
| 14 | 2605-580 of the Illinois Department of State Police Law of the
| ||||||
| 15 | Civil Administrative Code of Illinois. While acting pursuant to | ||||||
| 16 | this subsection, an
officer has the same authority as within | ||||||
| 17 | his or her
own jurisdiction.
| ||||||
| 18 | (a-7) The law enforcement agency of the county or | ||||||
| 19 | municipality in which any
arrest is made under this Section | ||||||
| 20 | shall be immediately notified of the
arrest.
| ||||||
| 21 | (b) Any peace officer of another State who enters this | ||||||
| 22 | State in
fresh
pursuit and continues within this State in fresh | ||||||
| 23 | pursuit of a person in
order to arrest him on the ground that | ||||||
| 24 | he has committed an offense in the
other State has the same | ||||||
| 25 | authority to arrest and hold the person in custody
as peace | ||||||
| 26 | officers of this State have to arrest and hold a person in | ||||||
| |||||||
| |||||||
| 1 | custody
on the ground that he has committed an offense in this | ||||||
| 2 | State.
| ||||||
| 3 | (c) If an arrest is made in this State by a peace officer | ||||||
| 4 | of
another
State in accordance with the provisions of this | ||||||
| 5 | Section he shall without
unnecessary delay take the person | ||||||
| 6 | arrested before the circuit court of the
county in which the | ||||||
| 7 | arrest was made. Such court shall conduct a hearing for
the | ||||||
| 8 | purpose of determining the lawfulness of the arrest. If the | ||||||
| 9 | court
determines that the arrest was lawful it shall commit the | ||||||
| 10 | person arrested,
to await for a reasonable time the issuance of | ||||||
| 11 | an extradition warrant by
the Governor of this State, or admit | ||||||
| 12 | him to bail for such purpose. If the
court determines that the | ||||||
| 13 | arrest was unlawful it shall discharge the person
arrested.
| ||||||
| 14 | (Source: P.A. 98-576, eff. 1-1-14.)
| ||||||
| 15 | (725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
| ||||||
| 16 | Sec. 108A-11. Reports concerning use of eavesdropping | ||||||
| 17 | devices. | ||||||
| 18 | (a) In January of each year the State's Attorney of each | ||||||
| 19 | county in which
eavesdropping devices were used pursuant to the | ||||||
| 20 | provisions of this
Article shall report to the Illinois | ||||||
| 21 | Department of State Police the
following with respect to each | ||||||
| 22 | application for an order authorizing the
use of an | ||||||
| 23 | eavesdropping device, or an extension thereof, made during the
| ||||||
| 24 | preceding calendar year:
| ||||||
| 25 | (1) the fact that such an order, extension, or
| ||||||
| |||||||
| |||||||
| 1 | subsequent approval of an emergency was applied for;
| ||||||
| 2 | (2) the kind of order or extension applied for;
| ||||||
| 3 | (3) a statement as to whether the order or extension
| ||||||
| 4 | was granted as applied for was modified, or was denied;
| ||||||
| 5 | (4) the period authorized by the order or extensions
in | ||||||
| 6 | which an eavesdropping device could be used;
| ||||||
| 7 | (5) the felony specified in the order extension or | ||||||
| 8 | denied application;
| ||||||
| 9 | (6) the identity of the applying investigative or
law | ||||||
| 10 | enforcement officer and agency making the application
and | ||||||
| 11 | the State's Attorney authorizing the application; and
| ||||||
| 12 | (7) the nature of the facilities from which or the | ||||||
| 13 | place where
the eavesdropping device was to be used.
| ||||||
| 14 | (b) Such report shall also include the following:
| ||||||
| 15 | (1) a general description of the uses of eavesdropping
| ||||||
| 16 | devices actually made under such order to
overheard or | ||||||
| 17 | record conversations, including: (a)
the approximate | ||||||
| 18 | nature and frequency of incriminating
conversations | ||||||
| 19 | overheard, (b) the approximate nature
and frequency of | ||||||
| 20 | other conversations overheard, (c)
the approximate number | ||||||
| 21 | of persons whose conversations
were overheard, and (d) the | ||||||
| 22 | approximate nature, amount,
and cost of the manpower and | ||||||
| 23 | other resources used
pursuant to the authorization to use | ||||||
| 24 | an eavesdropping device;
| ||||||
| 25 | (2) the number of arrests resulting from authorized
| ||||||
| 26 | uses of eavesdropping devices and the offenses for
which | ||||||
| |||||||
| |||||||
| 1 | arrests were made;
| ||||||
| 2 | (3) the number of trials resulting from such uses
of | ||||||
| 3 | eavesdropping devices;
| ||||||
| 4 | (4) the number of motions to suppress made with
respect | ||||||
| 5 | to such uses, and the number granted or denied; and
| ||||||
| 6 | (5) the number of convictions resulting from such
uses | ||||||
| 7 | and the offenses for which the convictions were obtained
| ||||||
| 8 | and a general assessment of the importance of the | ||||||
| 9 | convictions.
| ||||||
| 10 | (c) In April of each year, the Illinois Department of State | ||||||
| 11 | Police
shall transmit to the General Assembly
a report | ||||||
| 12 | including information on the number of
applications for orders | ||||||
| 13 | authorizing the use of eavesdropping
devices, the number of | ||||||
| 14 | orders and extensions granted or denied
during the preceding | ||||||
| 15 | calendar year, and the convictions arising
out of such uses.
| ||||||
| 16 | The requirement for reporting to the General Assembly shall | ||||||
| 17 | be satisfied
by filing copies of the report as required by | ||||||
| 18 | Section 3.1 of the General Assembly Organization Act, and
| ||||||
| 19 | filing such additional copies with the State Government Report | ||||||
| 20 | Distribution
Center for the General Assembly as is required | ||||||
| 21 | under paragraph (t) of
Section 7 of the State Library Act.
| ||||||
| 22 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
| 23 | (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
| ||||||
| 24 | Sec. 108B-1. Definitions. For the purpose of this Article:
| ||||||
| 25 | (a) "Aggrieved person" means a person who was a party to | ||||||
| |||||||
| |||||||
| 1 | any intercepted
private communication or any person against
| ||||||
| 2 | whom the intercept was directed.
| ||||||
| 3 | (b) "Chief Judge" means, when referring to a judge | ||||||
| 4 | authorized to receive
application for, and to enter orders | ||||||
| 5 | authorizing, interceptions of private
communications, the | ||||||
| 6 | Chief Judge of the Circuit
Court wherein the application for | ||||||
| 7 | order of interception is filed, or a Circuit
Judge
designated | ||||||
| 8 | by the Chief Judge to enter these orders. In circuits other | ||||||
| 9 | than
the Cook County Circuit, "Chief Judge" also means, when | ||||||
| 10 | referring to a
judge authorized to receive application for, and | ||||||
| 11 | to enter orders
authorizing, interceptions of private
| ||||||
| 12 | communications, an Associate
Judge authorized by Supreme Court | ||||||
| 13 | Rule to try felony cases who is assigned
by the Chief Judge to | ||||||
| 14 | enter these orders. After assignment by the Chief
Judge, an | ||||||
| 15 | Associate Judge shall have plenary authority to issue orders
| ||||||
| 16 | without additional authorization for each specific application | ||||||
| 17 | made to him
by the State's Attorney until the time the
| ||||||
| 18 | Associate
Judge's power is rescinded by the Chief Judge.
| ||||||
| 19 | (c) "Communications common carrier" means any person | ||||||
| 20 | engaged as a common
carrier in the transmission of | ||||||
| 21 | communications by wire or radio,
not including radio | ||||||
| 22 | broadcasting.
| ||||||
| 23 | (d) "Contents" includes information obtained from
a | ||||||
| 24 | private
communication concerning the existence, substance,
| ||||||
| 25 | purport or meaning of the communication, or the identity of a | ||||||
| 26 | party of the
communication.
| ||||||
| |||||||
| |||||||
| 1 | (e) "Court of competent jurisdiction" means any circuit | ||||||
| 2 | court.
| ||||||
| 3 | (f) (Blank). "Department" means Illinois Department of | ||||||
| 4 | State Police.
| ||||||
| 5 | (g) "Director" means Director of the Illinois Department of | ||||||
| 6 | State Police.
| ||||||
| 7 | (g-1) "Electronic communication" means any transfer of | ||||||
| 8 | signs, signals,
writing, images, sounds, data, or intelligence | ||||||
| 9 | of any nature transmitted in
whole or part by a wire, radio, | ||||||
| 10 | pager, computer, or electromagnetic, photo
electronic, or | ||||||
| 11 | photo optical system where the sending and receiving parties
| ||||||
| 12 | intend the electronic communication to be private and the | ||||||
| 13 | interception,
recording, or transcription of the electronic | ||||||
| 14 | communication is accomplished by
a device in a surreptitious | ||||||
| 15 | manner contrary to the provisions of this Article.
"Electronic | ||||||
| 16 | communication" does not include:
| ||||||
| 17 | (1) any wire or oral communication; or
| ||||||
| 18 | (2) any communication from a tracking device.
| ||||||
| 19 | (h) "Electronic criminal surveillance device" or | ||||||
| 20 | "eavesdropping device"
means any device or apparatus, or | ||||||
| 21 | computer program including an induction
coil, that can be used | ||||||
| 22 | to intercept private
communication other than:
| ||||||
| 23 | (1) Any telephone, telegraph or telecommunication | ||||||
| 24 | instrument, equipment
or facility, or any component of it, | ||||||
| 25 | furnished to the subscriber or user by
a communication | ||||||
| 26 | common carrier in the ordinary course of its business, or
| ||||||
| |||||||
| |||||||
| 1 | purchased by any person and being used by the subscriber, | ||||||
| 2 | user or person in
the ordinary course of his business, or | ||||||
| 3 | being used by a communications
common carrier in the | ||||||
| 4 | ordinary course of its business, or by an investigative
or | ||||||
| 5 | law enforcement officer in the ordinary course of his | ||||||
| 6 | duties; or
| ||||||
| 7 | (2) A hearing aid or similar device being used to | ||||||
| 8 | correct subnormal
hearing to not better than normal.
| ||||||
| 9 | (i) "Electronic criminal surveillance officer" means any | ||||||
| 10 | law enforcement
officer or retired law enforcement officer of | ||||||
| 11 | the United States or of the State
or political subdivision of
| ||||||
| 12 | it, or of another State, or of a political subdivision of it, | ||||||
| 13 | who is
certified by the Illinois Department of State Police to | ||||||
| 14 | intercept private
communications.
A retired law enforcement | ||||||
| 15 | officer may be certified by the Illinois State
Police only to | ||||||
| 16 | (i) prepare petitions for the authority to intercept private
| ||||||
| 17 | communications in accordance with the provisions of this Act; | ||||||
| 18 | (ii)
intercept and supervise the interception of private | ||||||
| 19 | communications;
(iii)
handle, safeguard, and use evidence | ||||||
| 20 | derived from such private
communications; and (iv) operate and | ||||||
| 21 | maintain equipment used to intercept
private
communications.
| ||||||
| 22 | (j) "In-progress trace" means to determine the origin of a | ||||||
| 23 | wire
communication to a telephone or telegraph instrument, | ||||||
| 24 | equipment or facility
during the course of the communication.
| ||||||
| 25 | (k) "Intercept" means the aural or other acquisition of the | ||||||
| 26 | contents of
any private communication through the use of any
| ||||||
| |||||||
| |||||||
| 1 | electronic criminal
surveillance device.
| ||||||
| 2 | (l) "Journalist" means a person engaged in, connected with, | ||||||
| 3 | or employed
by news media, including newspapers, magazines, | ||||||
| 4 | press associations, news
agencies, wire services, radio, | ||||||
| 5 | television or other similar media, for the
purpose of | ||||||
| 6 | gathering, processing, transmitting, compiling, editing or
| ||||||
| 7 | disseminating news for the general public.
| ||||||
| 8 | (m) "Law enforcement agency" means any law enforcement | ||||||
| 9 | agency of the
United States, or the State or a political | ||||||
| 10 | subdivision of it.
| ||||||
| 11 | (n) "Oral communication" means human speech used to
| ||||||
| 12 | communicate by one
party to another, in person, by wire | ||||||
| 13 | communication or by any other means.
| ||||||
| 14 | (o) "Private communication" means a wire,
oral, or | ||||||
| 15 | electronic communication
uttered or transmitted by a person | ||||||
| 16 | exhibiting an expectation that the
communication is not
subject | ||||||
| 17 | to interception, under circumstances reasonably justifying the
| ||||||
| 18 | expectation. Circumstances that reasonably justify the | ||||||
| 19 | expectation that
a communication is not subject to interception | ||||||
| 20 | include the use of a
cordless telephone or cellular | ||||||
| 21 | communication device.
| ||||||
| 22 | (p) "Wire communication" means any human speech used to | ||||||
| 23 | communicate by
one party to another in whole or in part through | ||||||
| 24 | the use of facilities for
the transmission of communications by | ||||||
| 25 | wire, cable or other like
connection between the point of | ||||||
| 26 | origin and the point of reception
furnished or operated by a | ||||||
| |||||||
| |||||||
| 1 | communications common carrier.
| ||||||
| 2 | (q) "Privileged communications" means a private
| ||||||
| 3 | communication between:
| ||||||
| 4 | (1) a licensed and practicing physician and a patient | ||||||
| 5 | within the scope
of the profession of the physician;
| ||||||
| 6 | (2) a licensed and practicing psychologist to a patient | ||||||
| 7 | within the
scope of the profession of the psychologist;
| ||||||
| 8 | (3) a licensed and practicing attorney-at-law and a | ||||||
| 9 | client within the
scope of the profession of the lawyer;
| ||||||
| 10 | (4) a practicing clergyman and a confidant within the | ||||||
| 11 | scope of the
profession of the clergyman;
| ||||||
| 12 | (5) a practicing journalist within the scope of his | ||||||
| 13 | profession;
| ||||||
| 14 | (6) spouses within the scope of their marital | ||||||
| 15 | relationship; or
| ||||||
| 16 | (7) a licensed and practicing social worker to a client | ||||||
| 17 | within the
scope of the profession of the social worker.
| ||||||
| 18 | (r) "Retired law
enforcement officer" means a person: (1) | ||||||
| 19 | who is a graduate of a
police training institute or academy, | ||||||
| 20 | who after graduating served for
at least 15 consecutive years | ||||||
| 21 | as a sworn, full-time peace officer
qualified to carry firearms | ||||||
| 22 | for any federal or State department or
agency or for any unit | ||||||
| 23 | of local government of Illinois; (2) who has
retired as a | ||||||
| 24 | local, State, or federal peace officer in a
publicly created | ||||||
| 25 | peace officer retirement system; and (3) whose
service in law | ||||||
| 26 | enforcement was honorably terminated through
retirement or | ||||||
| |||||||
| |||||||
| 1 | disability and not as a result of discipline, suspension,
or | ||||||
| 2 | discharge.
| ||||||
| 3 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 4 | (725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)
| ||||||
| 5 | Sec. 108B-2. Request for application for interception.
| ||||||
| 6 | (a) A State's Attorney may apply for an order
authorizing | ||||||
| 7 | interception of private communications in
accordance with the | ||||||
| 8 | provisions of this Article.
| ||||||
| 9 | (b) The head of a law enforcement agency, including, for | ||||||
| 10 | purposes of
this subsection, the acting head of such law | ||||||
| 11 | enforcement agency if the head
of such agency is absent or | ||||||
| 12 | unable to serve, may request that a State's
Attorney apply for | ||||||
| 13 | an order authorizing
interception of private communications in | ||||||
| 14 | accordance with
the provisions of this Article.
| ||||||
| 15 | Upon request of a law enforcement agency, the Illinois | ||||||
| 16 | State Police Department may provide
technical assistance to | ||||||
| 17 | such an agency which is authorized to conduct an
interception.
| ||||||
| 18 | (Source: P.A. 92-854, eff. 12-5-02.)
| ||||||
| 19 | (725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
| ||||||
| 20 | Sec. 108B-5. Requirements for order of interception.
| ||||||
| 21 | (a) Upon consideration of an application, the chief judge | ||||||
| 22 | may enter an
ex parte order, as requested or as modified, | ||||||
| 23 | authorizing the interception of
a private communication, if the | ||||||
| 24 | chief judge determines on the basis of the
application | ||||||
| |||||||
| |||||||
| 1 | submitted by the applicant, that:
| ||||||
| 2 | (1) There is probable cause for belief that (A) the | ||||||
| 3 | person
whose private communication is to be intercepted is | ||||||
| 4 | committing, has committed,
or is about to commit an offense | ||||||
| 5 | enumerated in Section 108B-3, or (B) the facilities from | ||||||
| 6 | which, or the place where, the private
communication is to | ||||||
| 7 | be intercepted, is, has been, or is about to be used in
| ||||||
| 8 | connection with the commission of the offense, or is leased | ||||||
| 9 | to, listed in the
name of, or commonly used by, the person; | ||||||
| 10 | and
| ||||||
| 11 | (2) There is probable cause for belief that a | ||||||
| 12 | particular private
communication concerning such offense | ||||||
| 13 | may be obtained through the interception;
and
| ||||||
| 14 | (3) Normal investigative procedures with respect to | ||||||
| 15 | the offense have been
tried and have failed or reasonably | ||||||
| 16 | appear to be unlikely to succeed if
tried or too dangerous | ||||||
| 17 | to employ; and
| ||||||
| 18 | (4) The electronic criminal surveillance officers to | ||||||
| 19 | be authorized to
supervise the interception of the private | ||||||
| 20 | communication have been certified by
the Illinois State | ||||||
| 21 | Police Department.
| ||||||
| 22 | (b) In the case of an application, other than for an | ||||||
| 23 | extension, for an
order to intercept a communication of a | ||||||
| 24 | person or on a wire communication
facility that was the subject | ||||||
| 25 | of a previous order authorizing interception,
the application | ||||||
| 26 | shall be based upon new evidence or information different from
| ||||||
| |||||||
| |||||||
| 1 | and in addition to the evidence or information offered to | ||||||
| 2 | support the prior
order, regardless of whether the evidence was | ||||||
| 3 | derived from prior interceptions
or from other sources.
| ||||||
| 4 | (c) The chief judge may authorize interception of a private
| ||||||
| 5 | communication anywhere in the judicial circuit. If the
court | ||||||
| 6 | authorizes
the use of an eavesdropping device with respect to a | ||||||
| 7 | vehicle, watercraft,
or aircraft that is within the judicial | ||||||
| 8 | circuit at the time the order is
issued, the order may provide | ||||||
| 9 | that the interception may continue anywhere
within the State if | ||||||
| 10 | the vehicle, watercraft, or aircraft leaves the
judicial | ||||||
| 11 | circuit.
| ||||||
| 12 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 13 | (725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
| ||||||
| 14 | Sec. 108B-13. Reports concerning use of eavesdropping | ||||||
| 15 | devices.
| ||||||
| 16 | (a) Within 30 days after the expiration of an order and | ||||||
| 17 | each extension
thereof
authorizing an interception, or within | ||||||
| 18 | 30 days after the denial of an
application or disapproval of an | ||||||
| 19 | application subsequent to any alleged
emergency situation, the | ||||||
| 20 | State's Attorney shall report to the Illinois Department of
| ||||||
| 21 | State Police the following:
| ||||||
| 22 | (1) the fact that such an order, extension, or | ||||||
| 23 | subsequent approval of an
emergency was applied for;
| ||||||
| 24 | (2) the kind of order or extension applied for;
| ||||||
| 25 | (3) a statement as to whether the order or extension | ||||||
| |||||||
| |||||||
| 1 | was granted as
applied for was modified, or was denied;
| ||||||
| 2 | (4) the period authorized by the order or extensions in | ||||||
| 3 | which an
eavesdropping device could be used;
| ||||||
| 4 | (5) the offense enumerated in Section 108B-3 which is | ||||||
| 5 | specified in the
order or extension or in the denied | ||||||
| 6 | application;
| ||||||
| 7 | (6) the identity of the applying electronic criminal | ||||||
| 8 | surveillance
officer and agency making the application and | ||||||
| 9 | the State's Attorney
authorizing the application; and
| ||||||
| 10 | (7) the nature of the facilities from which or the | ||||||
| 11 | place where the
eavesdropping device was to be used.
| ||||||
| 12 | (b) In January of each year the State's Attorney of each | ||||||
| 13 | county in which
an interception occurred pursuant to the | ||||||
| 14 | provisions of this Article shall
report to the Illinois | ||||||
| 15 | Department of State Police the following:
| ||||||
| 16 | (1) a general description of the uses of eavesdropping | ||||||
| 17 | devices actually
made under such order to overhear or | ||||||
| 18 | record conversations, including: (a)
the approximate | ||||||
| 19 | nature and frequency of incriminating conversations
| ||||||
| 20 | overheard, (b) the approximate nature and frequency of | ||||||
| 21 | other conversations
overheard, (c) the approximate number | ||||||
| 22 | of persons whose conversations were
overheard, and (d) the | ||||||
| 23 | approximate nature, amount, and cost of the manpower
and | ||||||
| 24 | other resources used pursuant to the authorization to use | ||||||
| 25 | an
eavesdropping device;
| ||||||
| 26 | (2) the number of arrests resulting from authorized | ||||||
| |||||||
| |||||||
| 1 | uses of
eavesdropping devices and the offenses for which | ||||||
| 2 | arrests were made;
| ||||||
| 3 | (3) the number of trials resulting from such uses of | ||||||
| 4 | eavesdropping devices;
| ||||||
| 5 | (4) the number of motions to suppress made with respect | ||||||
| 6 | to such uses,
and the number granted or denied; and
| ||||||
| 7 | (5) the number of convictions resulting from such uses | ||||||
| 8 | and the offenses for
which the convictions were obtained | ||||||
| 9 | and a general assessment of the
importance of the | ||||||
| 10 | convictions.
| ||||||
| 11 | On or before March 1 of each year, the Director of the | ||||||
| 12 | Illinois Department of
State Police shall submit to the | ||||||
| 13 | Governor a report of all intercepts as
defined herein conducted | ||||||
| 14 | pursuant to this Article and terminated during the
preceding | ||||||
| 15 | calendar year. Such report shall include:
| ||||||
| 16 | (1) the reports of State's Attorneys forwarded to the
| ||||||
| 17 | Director as required in this Section;
| ||||||
| 18 | (2) the number of Illinois State Police Department | ||||||
| 19 | personnel authorized to possess, install,
or operate | ||||||
| 20 | electronic, mechanical, or other devices;
| ||||||
| 21 | (3) the number of Illinois State Police Department and | ||||||
| 22 | other law enforcement personnel who
participated or | ||||||
| 23 | engaged in the seizure of intercepts pursuant to this
| ||||||
| 24 | Article during the preceding calendar year;
| ||||||
| 25 | (4) the number of electronic criminal surveillance | ||||||
| 26 | officers trained by
the Illinois State Police Department;
| ||||||
| |||||||
| |||||||
| 1 | (5) the total cost to the Illinois State Police | ||||||
| 2 | Department of all activities and procedures
relating to the | ||||||
| 3 | seizure of intercepts during the preceding calendar year,
| ||||||
| 4 | including costs of equipment, manpower, and expenses | ||||||
| 5 | incurred as
compensation for use of facilities or technical | ||||||
| 6 | assistance provided to or
by the Illinois State Police | ||||||
| 7 | Department; and
| ||||||
| 8 | (6) a summary of the use of eavesdropping devices | ||||||
| 9 | pursuant to orders of
interception including (a) the | ||||||
| 10 | frequency of use in each county, (b) the
frequency of use | ||||||
| 11 | for each crime enumerated in Section 108B-3 of the Code of
| ||||||
| 12 | Criminal Procedure of 1963, as amended, (c) the type and | ||||||
| 13 | frequency of
eavesdropping device use, and (d) the | ||||||
| 14 | frequency of use by each police
department or law | ||||||
| 15 | enforcement agency of this State.
| ||||||
| 16 | (d) In April of each year, the Director of the Illinois | ||||||
| 17 | Department of State
Police and the Governor shall each transmit | ||||||
| 18 | to the General
Assembly reports including information on the | ||||||
| 19 | number of applications for
orders authorizing the use of | ||||||
| 20 | eavesdropping devices, the number of orders
and extensions | ||||||
| 21 | granted or denied during the preceding calendar year, the
| ||||||
| 22 | convictions arising out of such uses, and a summary of the | ||||||
| 23 | information
required by subsections (a) and (b) of this | ||||||
| 24 | Section.
| ||||||
| 25 | The requirement for reporting to the General Assembly shall | ||||||
| 26 | be satisfied
by filing copies of the report as
required by | ||||||
| |||||||
| |||||||
| 1 | Section 3.1 of the General Assembly Organization Act, and | ||||||
| 2 | filing
such
additional copies with the State Government Report | ||||||
| 3 | Distribution Center for
the General Assembly as is required | ||||||
| 4 | under paragraph (t) of Section 7 of the
State Library Act.
| ||||||
| 5 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
| 6 | (725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)
| ||||||
| 7 | Sec. 108B-14. Training.
| ||||||
| 8 | (a) The Director of the Illinois Department of State Police | ||||||
| 9 | shall:
| ||||||
| 10 | (1) Establish a course of training in the legal, | ||||||
| 11 | practical, and technical
aspects of the interception of | ||||||
| 12 | private
communications and related
investigation and | ||||||
| 13 | prosecution techniques;
| ||||||
| 14 | (2) Issue regulations as he finds necessary for the | ||||||
| 15 | training program;
| ||||||
| 16 | (3) In cooperation with the Illinois Law Enforcement | ||||||
| 17 | Training Standards
Board, set minimum standards for | ||||||
| 18 | certification and
periodic recertification of electronic | ||||||
| 19 | criminal surveillance officers as
eligible to apply for | ||||||
| 20 | orders authorizing the interception of private
| ||||||
| 21 | communications, to conduct the interceptions, and to use | ||||||
| 22 | the private
communications
or evidence derived from them in | ||||||
| 23 | official proceedings; and
| ||||||
| 24 | (4) In cooperation with the Illinois Law Enforcement | ||||||
| 25 | Training Standards
Board, revoke or suspend the | ||||||
| |||||||
| |||||||
| 1 | certification of any
electronic criminal surveillance | ||||||
| 2 | officer who has violated any law relating
to electronic | ||||||
| 3 | criminal surveillance, or any of the guidelines | ||||||
| 4 | established
by the Illinois State Police Department for | ||||||
| 5 | conducting electronic criminal surveillance.
| ||||||
| 6 | (b) The Executive Director of the Illinois Law Enforcement | ||||||
| 7 | Training
Standards Board shall:
| ||||||
| 8 | (1) Pursuant to the Illinois Police Training Act, | ||||||
| 9 | review the course of
training prescribed by the Illinois | ||||||
| 10 | State Police Department for the purpose of certification
| ||||||
| 11 | relating to reimbursement of expenses incurred by local law | ||||||
| 12 | enforcement
agencies participating in the electronic | ||||||
| 13 | criminal surveillance officer
training process, and
| ||||||
| 14 | (2) Assist the Illinois State Police Department in | ||||||
| 15 | establishing minimum standards for
certification and | ||||||
| 16 | periodic recertification of electronic criminal
| ||||||
| 17 | surveillance officers as being eligible to apply for orders | ||||||
| 18 | authorizing the
interception of private communications, to
| ||||||
| 19 | conduct
the
interpretations, and to use the communications | ||||||
| 20 | or evidence derived from
them in official proceedings.
| ||||||
| 21 | (Source: P.A. 92-854, eff. 12-5-02.)
| ||||||
| 22 | (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
| ||||||
| 23 | Sec. 110-7. Deposit of bail security.
| ||||||
| 24 | (a) The person for whom bail has been set shall execute the | ||||||
| 25 | bail bond and
deposit with the clerk of the court before which | ||||||
| |||||||
| |||||||
| 1 | the proceeding is pending a
sum of money equal to 10% of the | ||||||
| 2 | bail, but in no event shall such deposit be
less than $25. The | ||||||
| 3 | clerk of the court shall provide a space on each form for a
| ||||||
| 4 | person other than the accused who has provided the money for | ||||||
| 5 | the posting of
bail to so indicate and a space signed by an
| ||||||
| 6 | accused who has executed the bail bond indicating whether a | ||||||
| 7 | person other
than the accused has provided the money for the | ||||||
| 8 | posting of bail. The form
shall also include a written notice | ||||||
| 9 | to such person who has provided
the defendant with the money | ||||||
| 10 | for the posting of bail indicating that the bail
may be used to | ||||||
| 11 | pay costs, attorney's fees, fines, or other purposes authorized
| ||||||
| 12 | by the court and if the
defendant fails to comply with the | ||||||
| 13 | conditions of the bail bond, the court
shall enter an order | ||||||
| 14 | declaring the bail to be forfeited. The written notice
must be: | ||||||
| 15 | (1) distinguishable from the surrounding text; (2) in bold type | ||||||
| 16 | or
underscored; and (3) in a type size at least 2 points larger | ||||||
| 17 | than the
surrounding type. When a person for whom
bail has been | ||||||
| 18 | set is charged with an offense under the Illinois Controlled
| ||||||
| 19 | Substances Act or the Methamphetamine Control and Community | ||||||
| 20 | Protection Act which is a Class X felony, or making a terrorist | ||||||
| 21 | threat in violation of
Section 29D-20 of the Criminal Code of | ||||||
| 22 | 1961 or the Criminal Code of 2012 or an attempt to commit the | ||||||
| 23 | offense of making a terrorist threat, the court may require the
| ||||||
| 24 | defendant to deposit a sum equal to 100% of the bail.
Where any | ||||||
| 25 | person is charged with a forcible felony while free on bail and
| ||||||
| 26 | is the subject of proceedings under Section 109-3 of this Code | ||||||
| |||||||
| |||||||
| 1 | the judge
conducting the preliminary examination may also | ||||||
| 2 | conduct a hearing upon the
application of the State pursuant to | ||||||
| 3 | the provisions of Section 110-6 of this
Code to increase or | ||||||
| 4 | revoke the bail for that person's prior alleged offense.
| ||||||
| 5 | (b) Upon depositing this sum and any bond fee authorized by | ||||||
| 6 | law, the person
shall be released
from custody subject to the | ||||||
| 7 | conditions of the bail bond.
| ||||||
| 8 | (c) Once bail has been given and a charge is pending or
is | ||||||
| 9 | thereafter filed in or transferred to a court of competent
| ||||||
| 10 | jurisdiction the latter court shall continue the original bail
| ||||||
| 11 | in that court subject to the provisions of Section 110-6 of | ||||||
| 12 | this Code.
| ||||||
| 13 | (d) After conviction the court may order that the original
| ||||||
| 14 | bail stand as bail pending appeal or deny, increase or reduce | ||||||
| 15 | bail
subject to the provisions of Section 110-6.2.
| ||||||
| 16 | (e) After the entry of an order by the trial court allowing
| ||||||
| 17 | or denying bail pending appeal either party may apply to the
| ||||||
| 18 | reviewing court having jurisdiction or to a justice thereof
| ||||||
| 19 | sitting in vacation for an order increasing or decreasing the
| ||||||
| 20 | amount of bail or allowing or denying bail pending appeal | ||||||
| 21 | subject to the
provisions of Section 110-6.2.
| ||||||
| 22 | (f) When the conditions of the bail bond have been | ||||||
| 23 | performed
and the accused has been discharged from all | ||||||
| 24 | obligations in the
cause the clerk of the court shall return to | ||||||
| 25 | the accused or to the
defendant's designee by an assignment | ||||||
| 26 | executed at the time the bail amount
is deposited, unless
the | ||||||
| |||||||
| |||||||
| 1 | court orders otherwise, 90% of the sum which had been
deposited | ||||||
| 2 | and shall retain as bail bond costs 10% of the amount
| ||||||
| 3 | deposited. However, in no event shall the amount retained by | ||||||
| 4 | the
clerk as bail bond costs be less than $5. Notwithstanding | ||||||
| 5 | the foregoing, in counties with a population of 3,000,000 or | ||||||
| 6 | more, in no event shall the amount retained by the clerk as | ||||||
| 7 | bail bond costs exceed $100. Bail bond deposited by or on
| ||||||
| 8 | behalf of a defendant in one case may be used, in the court's | ||||||
| 9 | discretion,
to satisfy financial obligations of that same | ||||||
| 10 | defendant incurred in a
different case due to a fine, court | ||||||
| 11 | costs,
restitution or fees of the defendant's attorney of | ||||||
| 12 | record. In counties with
a population of 3,000,000 or more, the | ||||||
| 13 | court shall
not order bail bond deposited by or on behalf of a | ||||||
| 14 | defendant in one case to
be used to satisfy financial | ||||||
| 15 | obligations of that same defendant in a
different case until | ||||||
| 16 | the bail bond is first used to satisfy court costs and
| ||||||
| 17 | attorney's fees in
the case in which the bail bond has been | ||||||
| 18 | deposited and any other unpaid child
support obligations are | ||||||
| 19 | satisfied. In counties with a population of less than | ||||||
| 20 | 3,000,000, the court shall
not order bail bond deposited by or | ||||||
| 21 | on behalf of a defendant in one case to
be used to satisfy | ||||||
| 22 | financial obligations of that same defendant in a
different | ||||||
| 23 | case until the bail bond is first used to satisfy court costs
| ||||||
| 24 | in
the case in which the bail bond has been deposited.
| ||||||
| 25 | At the request of the defendant the court may order such | ||||||
| 26 | 90% of
defendant's bail deposit, or whatever amount is | ||||||
| |||||||
| |||||||
| 1 | repayable to defendant
from such deposit, to be paid to | ||||||
| 2 | defendant's attorney of record.
| ||||||
| 3 | (g) If the accused does not comply with the conditions of
| ||||||
| 4 | the bail bond the court having jurisdiction shall enter an
| ||||||
| 5 | order declaring the bail to be forfeited. Notice of such order
| ||||||
| 6 | of forfeiture shall be mailed forthwith to the accused at his
| ||||||
| 7 | last known address. If the accused does not appear and | ||||||
| 8 | surrender
to the court having jurisdiction within 30 days from | ||||||
| 9 | the date of
the forfeiture or within such period satisfy the | ||||||
| 10 | court
that appearance and surrender by the accused is | ||||||
| 11 | impossible
and without his fault the court shall enter judgment | ||||||
| 12 | for the State if the
charge for which the bond was given was a | ||||||
| 13 | felony
or misdemeanor, or if the charge was quasi-criminal or | ||||||
| 14 | traffic,
judgment for the political subdivision of the State | ||||||
| 15 | which
prosecuted the case, against the accused for the amount | ||||||
| 16 | of
the bail and costs of the court proceedings; however,
in | ||||||
| 17 | counties with a population of less than 3,000,000, instead of | ||||||
| 18 | the court
entering a judgment for the full amount
of the bond | ||||||
| 19 | the court may, in its discretion, enter judgment for the cash
| ||||||
| 20 | deposit on the bond, less costs, retain the deposit for further | ||||||
| 21 | disposition or,
if a cash bond was posted for failure to appear | ||||||
| 22 | in a matter involving
enforcement of child support or | ||||||
| 23 | maintenance, the amount of the cash deposit on
the bond, less | ||||||
| 24 | outstanding costs, may be awarded to the person or entity to
| ||||||
| 25 | whom the child support or maintenance is due. The deposit
made | ||||||
| 26 | in accordance with paragraph (a) shall be applied to
the | ||||||
| |||||||
| |||||||
| 1 | payment of costs. If judgment is entered and any amount of such
| ||||||
| 2 | deposit remains
after the payment of costs it shall be applied | ||||||
| 3 | to payment of
the judgment and transferred to the treasury of | ||||||
| 4 | the municipal
corporation wherein the bond was taken if the | ||||||
| 5 | offense was a
violation of any penal ordinance of a political | ||||||
| 6 | subdivision
of this State, or to the treasury of the county | ||||||
| 7 | wherein the
bond was taken if the offense was a violation of | ||||||
| 8 | any penal
statute of this State. The balance of the judgment | ||||||
| 9 | may be
enforced and collected in the same manner as a judgment | ||||||
| 10 | entered
in a civil action.
| ||||||
| 11 | (h) After a judgment for a fine and court costs or either | ||||||
| 12 | is
entered in the prosecution of a cause in which a deposit had
| ||||||
| 13 | been made in accordance with paragraph (a) the balance of such
| ||||||
| 14 | deposit, after deduction of bail bond costs, shall be applied
| ||||||
| 15 | to the payment of the judgment.
| ||||||
| 16 | (i) When a court appearance is required for an alleged | ||||||
| 17 | violation of the Criminal Code of 1961, the Criminal Code of | ||||||
| 18 | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||||||
| 19 | and Aquatic Life Code, the Child Passenger Protection Act, or a | ||||||
| 20 | comparable offense of a unit of local government as specified | ||||||
| 21 | in Supreme Court Rule 551, and if the accused does not appear | ||||||
| 22 | in court on the date set for appearance or any date to which | ||||||
| 23 | the case may be continued and the court issues an arrest | ||||||
| 24 | warrant for the accused, based upon his or her failure to | ||||||
| 25 | appear when having so previously been ordered to appear by the | ||||||
| 26 | court, the accused upon his or her admission to bail shall be | ||||||
| |||||||
| |||||||
| 1 | assessed by the court a fee of $75. Payment of the fee shall be | ||||||
| 2 | a condition of release unless otherwise ordered by the court. | ||||||
| 3 | The fee shall be in addition to any bail that the accused is | ||||||
| 4 | required to deposit for the offense for which the accused has | ||||||
| 5 | been charged and may not be used for the payment of court costs | ||||||
| 6 | or fines assessed for the offense. The clerk of the court shall | ||||||
| 7 | remit $70 of the fee assessed to the arresting agency who | ||||||
| 8 | brings the offender in on the arrest warrant. If the Illinois | ||||||
| 9 | Department of State Police is the arresting agency, $70 of the | ||||||
| 10 | fee assessed shall be remitted by the clerk of the court to the | ||||||
| 11 | State Treasurer within one month after receipt for deposit into | ||||||
| 12 | the State Police Operations Assistance Fund. The clerk of the | ||||||
| 13 | court shall remit $5 of the fee assessed to the Circuit Court | ||||||
| 14 | Clerk Operation and Administrative Fund as provided in Section | ||||||
| 15 | 27.3d of the Clerks of Courts Act.
| ||||||
| 16 | (Source: P.A. 99-412, eff. 1-1-16.)
| ||||||
| 17 | (725 ILCS 5/112A-11.1) | ||||||
| 18 | Sec. 112A-11.1. Procedure for determining whether certain | ||||||
| 19 | misdemeanor crimes
are crimes of domestic violence for purposes | ||||||
| 20 | of federal
law. | ||||||
| 21 | (a) When a defendant has been charged with a violation of | ||||||
| 22 | Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the | ||||||
| 23 | Criminal Code of 1961 or the Criminal Code of 2012, the State | ||||||
| 24 | may, at arraignment or no later than 45 days after arraignment, | ||||||
| 25 | for the purpose of notification to the Illinois Department of | ||||||
| |||||||
| |||||||
| 1 | State Police Firearm Owner's Identification Card Office, serve | ||||||
| 2 | on the defendant and file with the court a notice alleging that | ||||||
| 3 | conviction of the offense would subject the defendant to the | ||||||
| 4 | prohibitions of 18 U.S.C. 922(g)(9) because of the relationship | ||||||
| 5 | between the defendant and the alleged victim and the nature of | ||||||
| 6 | the alleged offense. | ||||||
| 7 | (b) The notice shall include the name of the person alleged | ||||||
| 8 | to be the victim of the crime and shall specify the nature of | ||||||
| 9 | the alleged relationship as set forth in 18 U.S.C. | ||||||
| 10 | 921(a)(33)(A)(ii). It shall also specify the element of the | ||||||
| 11 | charged offense which requires the use or attempted use of | ||||||
| 12 | physical force, or the threatened use of a deadly weapon, as | ||||||
| 13 | set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include | ||||||
| 14 | notice that the defendant is entitled to a hearing on the | ||||||
| 15 | allegation contained in the notice and that if the allegation | ||||||
| 16 | is sustained, that determination and conviction shall be | ||||||
| 17 | reported to the Illinois Department of State Police Firearm | ||||||
| 18 | Owner's Identification Card Office. | ||||||
| 19 | (c) After having been notified as provided in subsection | ||||||
| 20 | (b) of this Section, the defendant may stipulate or admit, | ||||||
| 21 | orally on the record or in writing, that conviction of the | ||||||
| 22 | offense would subject the defendant to the prohibitions of 18 | ||||||
| 23 | U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. | ||||||
| 24 | 922(g)(9) shall be deemed established for purposes of Section | ||||||
| 25 | 112A-11.2. If the defendant denies the applicability of 18 | ||||||
| 26 | U.S.C. 922(g)(9) as alleged in the notice served by the State, | ||||||
| |||||||
| |||||||
| 1 | or stands mute with respect to that allegation, then the State | ||||||
| 2 | shall bear the burden to prove beyond a reasonable doubt that | ||||||
| 3 | the offense is one to which the prohibitions of 18 U.S.C. | ||||||
| 4 | 922(g)(9) apply. The court may consider reliable hearsay | ||||||
| 5 | evidence submitted by either party provided that it is relevant | ||||||
| 6 | to the determination of the allegation. Facts previously proven | ||||||
| 7 | at trial or elicited at the time of entry of a plea of guilty | ||||||
| 8 | shall be deemed established beyond a reasonable doubt and shall | ||||||
| 9 | not be relitigated. At the conclusion of the hearing, or upon a | ||||||
| 10 | stipulation or admission, as applicable, the court shall make a | ||||||
| 11 | specific written determination with respect to the allegation.
| ||||||
| 12 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 13 | (725 ILCS 5/112A-11.2) | ||||||
| 14 | Sec. 112A-11.2. Notification to the Illinois Department of | ||||||
| 15 | State Police Firearm Owner's Identification Card Office of
| ||||||
| 16 | determinations in certain misdemeanor cases. Upon judgment of | ||||||
| 17 | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | ||||||
| 18 | 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal | ||||||
| 19 | Code of 2012 when the defendant has been determined, under | ||||||
| 20 | Section 112A-11.1, to be subject to the prohibitions of 18 | ||||||
| 21 | U.S.C. 922(g)(9), the circuit court clerk shall include | ||||||
| 22 | notification and a copy of the written determination in a | ||||||
| 23 | report of the conviction to the Illinois Department of State | ||||||
| 24 | Police Firearm Owner's Identification Card Office to enable the | ||||||
| 25 | office to report that determination to the Federal Bureau of | ||||||
| |||||||
| |||||||
| 1 | Investigation and assist the Bureau in identifying persons | ||||||
| 2 | prohibited from purchasing and possessing a firearm pursuant to | ||||||
| 3 | the provisions of 18 U.S.C. 922.
| ||||||
| 4 | (Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 5 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
| 6 | Sec. 112A-14. Domestic violence order of protection; | ||||||
| 7 | remedies.
| ||||||
| 8 | (a) (Blank).
| ||||||
| 9 | (b) The court may order any of the remedies listed in this | ||||||
| 10 | subsection (b).
The remedies listed in this subsection (b) | ||||||
| 11 | shall be in addition to other civil
or criminal remedies | ||||||
| 12 | available to petitioner.
| ||||||
| 13 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
| 14 | harassment,
interference with personal liberty, | ||||||
| 15 | intimidation of a dependent, physical
abuse, or willful | ||||||
| 16 | deprivation, as defined in this Article, if such abuse has
| ||||||
| 17 | occurred or otherwise appears likely to occur if not | ||||||
| 18 | prohibited.
| ||||||
| 19 | (2) Grant of exclusive possession of residence. | ||||||
| 20 | Prohibit respondent
from entering or remaining in any | ||||||
| 21 | residence, household, or premises of the petitioner,
| ||||||
| 22 | including one owned or leased by respondent, if petitioner | ||||||
| 23 | has a right
to occupancy thereof. The grant of exclusive | ||||||
| 24 | possession of the residence, household, or premises
shall | ||||||
| 25 | not affect title to real property, nor shall the court be | ||||||
| |||||||
| |||||||
| 1 | limited by
the standard set forth in subsection (c-2) of | ||||||
| 2 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
| 3 | Marriage Act.
| ||||||
| 4 | (A) Right to occupancy. A party has a right to | ||||||
| 5 | occupancy of a
residence or household if it is
solely | ||||||
| 6 | or jointly owned or leased by that party, that party's | ||||||
| 7 | spouse, a
person with a legal duty to support that | ||||||
| 8 | party or a minor child in that
party's care, or by any | ||||||
| 9 | person or entity other than the opposing party that
| ||||||
| 10 | authorizes that party's occupancy (e.g., a domestic | ||||||
| 11 | violence shelter).
Standards set forth in subparagraph | ||||||
| 12 | (B) shall not preclude equitable relief.
| ||||||
| 13 | (B) Presumption of hardships. If petitioner and | ||||||
| 14 | respondent
each has the right to occupancy of a | ||||||
| 15 | residence or household, the court
shall balance (i) the | ||||||
| 16 | hardships to respondent and any minor child or
| ||||||
| 17 | dependent adult in respondent's care resulting from | ||||||
| 18 | entry of this remedy with (ii)
the hardships to | ||||||
| 19 | petitioner and any minor child or dependent adult in
| ||||||
| 20 | petitioner's care resulting from continued exposure to | ||||||
| 21 | the risk of abuse (should
petitioner remain at the | ||||||
| 22 | residence or household) or from loss of possession
of | ||||||
| 23 | the residence or household (should petitioner leave to | ||||||
| 24 | avoid the risk
of abuse). When determining the balance | ||||||
| 25 | of hardships, the court shall also
take into account | ||||||
| 26 | the accessibility of the residence or household.
| ||||||
| |||||||
| |||||||
| 1 | Hardships need not be balanced if respondent does not | ||||||
| 2 | have a right to occupancy.
| ||||||
| 3 | The balance of hardships is presumed to favor | ||||||
| 4 | possession by
petitioner unless the presumption is | ||||||
| 5 | rebutted by a preponderance of the
evidence, showing | ||||||
| 6 | that the hardships to respondent substantially | ||||||
| 7 | outweigh
the hardships to petitioner and any minor | ||||||
| 8 | child or dependent adult in petitioner's
care. The | ||||||
| 9 | court, on the request of petitioner or on its own | ||||||
| 10 | motion,
may order respondent to provide suitable, | ||||||
| 11 | accessible, alternate housing
for petitioner instead | ||||||
| 12 | of
excluding respondent from a mutual residence or | ||||||
| 13 | household.
| ||||||
| 14 | (3) Stay away order and additional prohibitions.
Order | ||||||
| 15 | respondent to stay away from petitioner or any other person
| ||||||
| 16 | protected by the domestic violence order of protection, or | ||||||
| 17 | prohibit respondent from entering
or remaining present at | ||||||
| 18 | petitioner's school, place of employment, or other
| ||||||
| 19 | specified places at times when petitioner is present, or | ||||||
| 20 | both, if
reasonable, given
the balance of hardships. | ||||||
| 21 | Hardships need not be balanced for the court
to enter a | ||||||
| 22 | stay away order or prohibit entry
if respondent has no | ||||||
| 23 | right to enter the premises.
| ||||||
| 24 | (A) If a domestic violence order of protection | ||||||
| 25 | grants petitioner exclusive possession
of the | ||||||
| 26 | residence, prohibits respondent from entering the | ||||||
| |||||||
| |||||||
| 1 | residence,
or orders respondent to stay away from | ||||||
| 2 | petitioner or other
protected persons, then the court | ||||||
| 3 | may allow respondent access to the
residence to remove | ||||||
| 4 | items of clothing and personal adornment
used | ||||||
| 5 | exclusively by respondent, medications, and other | ||||||
| 6 | items as the court directs.
The right to access shall | ||||||
| 7 | be exercised on only one occasion as the court directs
| ||||||
| 8 | and in the presence of an agreed-upon adult third party | ||||||
| 9 | or law enforcement officer.
| ||||||
| 10 | (B) When the petitioner and the respondent attend | ||||||
| 11 | the same public, private, or non-public elementary, | ||||||
| 12 | middle, or high school, the court when issuing a | ||||||
| 13 | domestic violence order of protection and providing | ||||||
| 14 | relief shall consider the severity of the act, any | ||||||
| 15 | continuing physical danger or emotional distress to | ||||||
| 16 | the petitioner, the educational rights guaranteed to | ||||||
| 17 | the petitioner and respondent under federal and State | ||||||
| 18 | law, the availability of a transfer of the respondent | ||||||
| 19 | to another school, a change of placement or a change of | ||||||
| 20 | program of the respondent, the expense, difficulty, | ||||||
| 21 | and educational disruption that would be caused by a | ||||||
| 22 | transfer of the respondent to another school, and any | ||||||
| 23 | other relevant facts of the case. The court may order | ||||||
| 24 | that the respondent not attend the public, private, or | ||||||
| 25 | non-public elementary, middle, or high school attended | ||||||
| 26 | by the petitioner, order that the respondent accept a | ||||||
| |||||||
| |||||||
| 1 | change of placement or change of program, as determined | ||||||
| 2 | by the school district or private or non-public school, | ||||||
| 3 | or place restrictions on the respondent's movements | ||||||
| 4 | within the school attended by the petitioner. The | ||||||
| 5 | respondent bears the burden of proving by a | ||||||
| 6 | preponderance of the evidence that a transfer, change | ||||||
| 7 | of placement, or change of program of the respondent is | ||||||
| 8 | not available. The respondent also bears the burden of | ||||||
| 9 | production with respect to the expense, difficulty, | ||||||
| 10 | and educational disruption that would be caused by a | ||||||
| 11 | transfer of the respondent to another school. A | ||||||
| 12 | transfer, change of placement, or change of program is | ||||||
| 13 | not unavailable to the respondent solely on the ground | ||||||
| 14 | that the respondent does not agree with the school | ||||||
| 15 | district's or private or non-public school's transfer, | ||||||
| 16 | change of placement, or change of program or solely on | ||||||
| 17 | the ground that the respondent fails or refuses to | ||||||
| 18 | consent or otherwise does not take an action required | ||||||
| 19 | to effectuate a transfer, change of placement, or | ||||||
| 20 | change of program. When a court orders a respondent to | ||||||
| 21 | stay away from the public, private, or non-public | ||||||
| 22 | school attended by the petitioner and the respondent | ||||||
| 23 | requests a transfer to another attendance center | ||||||
| 24 | within the respondent's school district or private or | ||||||
| 25 | non-public school, the school district or private or | ||||||
| 26 | non-public school shall have sole discretion to | ||||||
| |||||||
| |||||||
| 1 | determine the attendance center to which the | ||||||
| 2 | respondent is transferred. If the court order results | ||||||
| 3 | in a transfer of the minor respondent to another | ||||||
| 4 | attendance center, a change in the respondent's | ||||||
| 5 | placement, or a change of the respondent's program, the | ||||||
| 6 | parents, guardian, or legal custodian of the | ||||||
| 7 | respondent is responsible for transportation and other | ||||||
| 8 | costs associated with the transfer or change. | ||||||
| 9 | (C) The court may order the parents, guardian, or | ||||||
| 10 | legal custodian of a minor respondent to take certain | ||||||
| 11 | actions or to refrain from taking certain actions to | ||||||
| 12 | ensure that the respondent complies with the order. If | ||||||
| 13 | the court orders a transfer of the respondent to | ||||||
| 14 | another school, the parents, guardian, or legal | ||||||
| 15 | custodian of the respondent is responsible for | ||||||
| 16 | transportation and other costs associated with the | ||||||
| 17 | change of school by the respondent. | ||||||
| 18 | (4) Counseling. Require or recommend the respondent to | ||||||
| 19 | undergo
counseling for a specified duration with a social | ||||||
| 20 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
| 21 | family service agency, alcohol or
substance abuse program, | ||||||
| 22 | mental health center guidance counselor, agency
providing | ||||||
| 23 | services to elders, program designed for domestic violence
| ||||||
| 24 | abusers, or any other guidance service the court deems | ||||||
| 25 | appropriate. The court may order the respondent in any | ||||||
| 26 | intimate partner relationship to report to an Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of Human Services protocol approved partner | ||||||
| 2 | abuse intervention program for an assessment and to follow | ||||||
| 3 | all recommended treatment.
| ||||||
| 4 | (5) Physical care and possession of the minor child. In | ||||||
| 5 | order to protect
the minor child from abuse, neglect, or | ||||||
| 6 | unwarranted separation from the person
who has been the | ||||||
| 7 | minor child's primary caretaker, or to otherwise protect | ||||||
| 8 | the
well-being of the minor child, the court may do either | ||||||
| 9 | or both of the following:
(i) grant petitioner physical | ||||||
| 10 | care or possession of the minor child, or both, or
(ii) | ||||||
| 11 | order respondent to return a minor child to, or not remove | ||||||
| 12 | a minor child
from, the physical care of a parent or person | ||||||
| 13 | in loco parentis.
| ||||||
| 14 | If the respondent is charged with abuse
(as defined in | ||||||
| 15 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
| 16 | be a
rebuttable presumption that awarding physical care to | ||||||
| 17 | respondent would not
be in the minor child's best interest.
| ||||||
| 18 | (6) Temporary allocation of parental responsibilities | ||||||
| 19 | and significant decision-making responsibilities.
Award | ||||||
| 20 | temporary significant decision-making responsibility to | ||||||
| 21 | petitioner in accordance with this Section,
the Illinois | ||||||
| 22 | Marriage
and Dissolution of Marriage Act, the Illinois | ||||||
| 23 | Parentage Act of 2015,
and this State's Uniform | ||||||
| 24 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
| 25 | If the respondent
is charged with abuse (as defined in | ||||||
| 26 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
| |||||||
| |||||||
| 1 | be a rebuttable presumption that awarding
temporary | ||||||
| 2 | significant decision-making responsibility to respondent | ||||||
| 3 | would not be in the
child's best interest.
| ||||||
| 4 | (7) Parenting time. Determine the parenting time, if | ||||||
| 5 | any, of respondent in any case in which the court
awards | ||||||
| 6 | physical care or temporary significant decision-making | ||||||
| 7 | responsibility of a minor child to
petitioner. The court | ||||||
| 8 | shall restrict or deny respondent's parenting time with
a | ||||||
| 9 | minor child if
the court finds that respondent has done or | ||||||
| 10 | is likely to do any of the
following: | ||||||
| 11 | (i) abuse or endanger the minor child during | ||||||
| 12 | parenting time; | ||||||
| 13 | (ii) use the parenting time
as an opportunity to | ||||||
| 14 | abuse or harass petitioner or
petitioner's family or | ||||||
| 15 | household members; | ||||||
| 16 | (iii) improperly conceal or
detain the minor | ||||||
| 17 | child; or | ||||||
| 18 | (iv) otherwise act in a manner that is not in
the | ||||||
| 19 | best interests of the minor child. | ||||||
| 20 | The court shall not be limited by the
standards set | ||||||
| 21 | forth in Section 603.10 of the Illinois Marriage and
| ||||||
| 22 | Dissolution of Marriage Act. If the court grants parenting | ||||||
| 23 | time, the order
shall specify dates and times for the | ||||||
| 24 | parenting time to take place or other
specific parameters | ||||||
| 25 | or conditions that are appropriate. No order for parenting | ||||||
| 26 | time
shall refer merely to the term "reasonable parenting | ||||||
| |||||||
| |||||||
| 1 | time". Petitioner may deny respondent access to the minor | ||||||
| 2 | child if, when
respondent arrives for parenting time, | ||||||
| 3 | respondent is under the influence of drugs
or alcohol and | ||||||
| 4 | constitutes a threat to the safety and well-being of
| ||||||
| 5 | petitioner or petitioner's minor children or is behaving in | ||||||
| 6 | a violent or abusive manner. If necessary to protect any | ||||||
| 7 | member of petitioner's family or
household from future | ||||||
| 8 | abuse, respondent shall be prohibited from coming to
| ||||||
| 9 | petitioner's residence to meet the minor child for | ||||||
| 10 | parenting time, and the petitioner and respondent
shall | ||||||
| 11 | submit to the court their recommendations for reasonable
| ||||||
| 12 | alternative arrangements for parenting time. A person may | ||||||
| 13 | be approved to
supervise parenting time only after filing | ||||||
| 14 | an affidavit accepting
that responsibility and | ||||||
| 15 | acknowledging accountability to the court.
| ||||||
| 16 | (8) Removal or concealment of minor child.
Prohibit | ||||||
| 17 | respondent from
removing a minor child from the State or | ||||||
| 18 | concealing the child within the
State.
| ||||||
| 19 | (9) Order to appear. Order the respondent to
appear in | ||||||
| 20 | court, alone
or with a minor child, to prevent abuse, | ||||||
| 21 | neglect, removal or concealment of
the child, to return the | ||||||
| 22 | child to the custody or care of the petitioner, or
to | ||||||
| 23 | permit any court-ordered interview or examination of the | ||||||
| 24 | child or the
respondent.
| ||||||
| 25 | (10) Possession of personal property. Grant petitioner | ||||||
| 26 | exclusive
possession of personal property and, if | ||||||
| |||||||
| |||||||
| 1 | respondent has possession or
control, direct respondent to | ||||||
| 2 | promptly make it available to petitioner, if:
| ||||||
| 3 | (i) petitioner, but not respondent, owns the | ||||||
| 4 | property; or
| ||||||
| 5 | (ii) the petitioner and respondent own the | ||||||
| 6 | property jointly; sharing it would risk
abuse of | ||||||
| 7 | petitioner by respondent or is impracticable; and the | ||||||
| 8 | balance of
hardships favors temporary possession by | ||||||
| 9 | petitioner.
| ||||||
| 10 | If petitioner's sole claim to ownership of the property | ||||||
| 11 | is that it is
marital property, the court may award | ||||||
| 12 | petitioner temporary possession
thereof under the | ||||||
| 13 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
| 14 | proper proceeding has been filed under the Illinois | ||||||
| 15 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
| 16 | hereafter amended.
| ||||||
| 17 | No order under this provision shall affect title to | ||||||
| 18 | property.
| ||||||
| 19 | (11) Protection of property. Forbid the respondent | ||||||
| 20 | from taking,
transferring, encumbering, concealing, | ||||||
| 21 | damaging, or otherwise disposing of
any real or personal | ||||||
| 22 | property, except as explicitly authorized by the
court, if:
| ||||||
| 23 | (i) petitioner, but not respondent, owns the | ||||||
| 24 | property; or
| ||||||
| 25 | (ii) the petitioner and respondent own the | ||||||
| 26 | property jointly,
and the balance of hardships favors | ||||||
| |||||||
| |||||||
| 1 | granting this remedy.
| ||||||
| 2 | If petitioner's sole claim to ownership of the property | ||||||
| 3 | is that it is
marital property, the court may grant | ||||||
| 4 | petitioner relief under subparagraph
(ii) of this | ||||||
| 5 | paragraph only if a proper proceeding has been filed under | ||||||
| 6 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
| 7 | now or hereafter amended.
| ||||||
| 8 | The court may further prohibit respondent from | ||||||
| 9 | improperly using the
financial or other resources of an | ||||||
| 10 | aged member of the family or household
for the profit or | ||||||
| 11 | advantage of respondent or of any other person.
| ||||||
| 12 | (11.5) Protection of animals. Grant the petitioner the | ||||||
| 13 | exclusive care, custody, or control of any animal owned, | ||||||
| 14 | possessed, leased, kept, or held by either the petitioner | ||||||
| 15 | or the respondent or a minor child residing in the | ||||||
| 16 | residence or household of either the petitioner or the | ||||||
| 17 | respondent and order the respondent to stay away from the | ||||||
| 18 | animal and forbid the respondent from taking, | ||||||
| 19 | transferring, encumbering, concealing, harming, or | ||||||
| 20 | otherwise disposing of the animal.
| ||||||
| 21 | (12) Order for payment of support. Order
respondent to | ||||||
| 22 | pay temporary
support for the petitioner or any child in | ||||||
| 23 | the petitioner's care or over whom the petitioner has been | ||||||
| 24 | allocated parental responsibility, when the respondent has | ||||||
| 25 | a legal obligation to support that person,
in accordance | ||||||
| 26 | with the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
| |||||||
| |||||||
| 1 | which shall govern, among other matters, the amount of
| ||||||
| 2 | support, payment through the clerk and withholding of | ||||||
| 3 | income to secure
payment. An order for child support may be | ||||||
| 4 | granted to a petitioner with
lawful physical care of a | ||||||
| 5 | child, or an order or agreement for
physical care of a | ||||||
| 6 | child, prior to entry of an order allocating significant | ||||||
| 7 | decision-making responsibility.
Such a support order shall | ||||||
| 8 | expire upon entry of a valid order allocating parental | ||||||
| 9 | responsibility differently and vacating petitioner's | ||||||
| 10 | significant decision-making responsibility unless | ||||||
| 11 | otherwise provided in the order.
| ||||||
| 12 | (13) Order for payment of losses. Order
respondent to | ||||||
| 13 | pay petitioner
for losses suffered as a direct result of | ||||||
| 14 | the abuse. Such losses shall
include, but not be limited | ||||||
| 15 | to, medical expenses, lost earnings or other
support, | ||||||
| 16 | repair or replacement of property damaged or taken, | ||||||
| 17 | reasonable
attorney's fees, court costs, and moving or | ||||||
| 18 | other travel expenses, including
additional reasonable | ||||||
| 19 | expenses for temporary shelter and restaurant meals.
| ||||||
| 20 | (i) Losses affecting family needs. If a party is | ||||||
| 21 | entitled to seek
maintenance, child support, or | ||||||
| 22 | property distribution from the other party
under the | ||||||
| 23 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
| 24 | now or
hereafter amended, the court may order | ||||||
| 25 | respondent to reimburse petitioner's
actual losses, to | ||||||
| 26 | the extent that such reimbursement would be | ||||||
| |||||||
| |||||||
| 1 | "appropriate
temporary relief", as authorized by | ||||||
| 2 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
| 3 | (ii) Recovery of expenses. In the case of an | ||||||
| 4 | improper concealment
or removal of a minor child, the | ||||||
| 5 | court may order respondent to pay the reasonable
| ||||||
| 6 | expenses incurred or to be incurred in the search for | ||||||
| 7 | and recovery of the
minor child, including, but not | ||||||
| 8 | limited to, legal fees, court costs, private
| ||||||
| 9 | investigator fees, and travel costs.
| ||||||
| 10 | (14) Prohibition of entry. Prohibit the respondent | ||||||
| 11 | from entering or
remaining in the residence or household | ||||||
| 12 | while the respondent is under the
influence of alcohol or | ||||||
| 13 | drugs and constitutes a threat to the safety and
well-being | ||||||
| 14 | of the petitioner or the petitioner's children.
| ||||||
| 15 | (14.5) Prohibition of firearm possession. | ||||||
| 16 | (A) A person who is subject to an existing domestic | ||||||
| 17 | violence order of protection issued under this Code may | ||||||
| 18 | not lawfully possess weapons under Section 8.2 of the | ||||||
| 19 | Firearm Owners Identification Card Act. | ||||||
| 20 | (B) Any firearms in the
possession of the | ||||||
| 21 | respondent, except as provided in subparagraph (C) of | ||||||
| 22 | this paragraph (14.5), shall be ordered by the court to | ||||||
| 23 | be turned
over to a person with a valid Firearm Owner's | ||||||
| 24 | Identification Card for safekeeping. The court shall | ||||||
| 25 | issue an order that the respondent's Firearm Owner's | ||||||
| 26 | Identification Card be turned over to the local law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency, which in turn shall immediately | ||||||
| 2 | mail the card to the Illinois Department of State | ||||||
| 3 | Police Firearm Owner's Identification Card Office for | ||||||
| 4 | safekeeping.
The period of safekeeping shall be for the | ||||||
| 5 | duration of the domestic violence order of protection. | ||||||
| 6 | The firearm or firearms and Firearm Owner's | ||||||
| 7 | Identification Card, if unexpired, shall at the | ||||||
| 8 | respondent's request be returned to the respondent at | ||||||
| 9 | expiration of the domestic violence order of | ||||||
| 10 | protection.
| ||||||
| 11 | (C) If the respondent is a peace officer as defined | ||||||
| 12 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
| 13 | shall order that any firearms used by the
respondent in | ||||||
| 14 | the performance of his or her duties as a
peace officer | ||||||
| 15 | be surrendered to
the chief law enforcement executive | ||||||
| 16 | of the agency in which the respondent is
employed, who | ||||||
| 17 | shall retain the firearms for safekeeping for the | ||||||
| 18 | duration of the domestic violence order of protection.
| ||||||
| 19 | (D) Upon expiration of the period of safekeeping, | ||||||
| 20 | if the firearms or Firearm Owner's Identification Card | ||||||
| 21 | cannot be returned to respondent because respondent | ||||||
| 22 | cannot be located, fails to respond to requests to | ||||||
| 23 | retrieve the firearms, or is not lawfully eligible to | ||||||
| 24 | possess a firearm, upon petition from the local law | ||||||
| 25 | enforcement agency, the court may order the local law | ||||||
| 26 | enforcement agency to destroy the firearms, use the | ||||||
| |||||||
| |||||||
| 1 | firearms for training purposes, or for any other | ||||||
| 2 | application as deemed appropriate by the local law | ||||||
| 3 | enforcement agency; or that the firearms be turned over | ||||||
| 4 | to a third party who is lawfully eligible to possess | ||||||
| 5 | firearms, and who does not reside with respondent. | ||||||
| 6 | (15) Prohibition of access to records. If a domestic | ||||||
| 7 | violence order of protection
prohibits respondent from | ||||||
| 8 | having contact with the minor child,
or if petitioner's | ||||||
| 9 | address is omitted under subsection (b) of
Section 112A-5 | ||||||
| 10 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
| 11 | removal or
concealment of a minor child, the order shall | ||||||
| 12 | deny respondent access to, and
prohibit respondent from | ||||||
| 13 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
| 14 | school or any other records of the minor child
who is in | ||||||
| 15 | the care of petitioner.
| ||||||
| 16 | (16) Order for payment of shelter services. Order | ||||||
| 17 | respondent to
reimburse a shelter providing temporary | ||||||
| 18 | housing and counseling services to
the petitioner for the | ||||||
| 19 | cost of the services, as certified by the shelter
and | ||||||
| 20 | deemed reasonable by the court.
| ||||||
| 21 | (17) Order for injunctive relief. Enter injunctive | ||||||
| 22 | relief necessary
or appropriate to prevent further abuse of | ||||||
| 23 | a family or household member or
to effectuate one of the | ||||||
| 24 | granted remedies, if supported by the balance of
hardships. | ||||||
| 25 | If the harm to be prevented by the injunction is abuse or | ||||||
| 26 | any
other harm that one of the remedies listed in | ||||||
| |||||||
| |||||||
| 1 | paragraphs (1) through (16)
of this subsection is designed | ||||||
| 2 | to prevent, no further evidence is necessary
to establish | ||||||
| 3 | that the harm is an irreparable injury.
| ||||||
| 4 | (18) Telephone services. | ||||||
| 5 | (A) Unless a condition described in subparagraph | ||||||
| 6 | (B) of this paragraph exists, the court may, upon | ||||||
| 7 | request by the petitioner, order a wireless telephone | ||||||
| 8 | service provider to transfer to the petitioner the | ||||||
| 9 | right to continue to use a telephone number or numbers | ||||||
| 10 | indicated by the petitioner and the financial | ||||||
| 11 | responsibility associated with the number or numbers, | ||||||
| 12 | as set forth in subparagraph (C) of this paragraph. In | ||||||
| 13 | this paragraph (18), the term "wireless telephone | ||||||
| 14 | service provider" means a provider of commercial | ||||||
| 15 | mobile service as defined in 47 U.S.C. 332. The | ||||||
| 16 | petitioner may request the transfer of each telephone | ||||||
| 17 | number that the petitioner, or a minor child in his or | ||||||
| 18 | her custody, uses. The clerk of the court shall serve | ||||||
| 19 | the order on the wireless telephone service provider's | ||||||
| 20 | agent for service of process provided to the Illinois | ||||||
| 21 | Commerce Commission. The order shall contain all of the | ||||||
| 22 | following: | ||||||
| 23 | (i) The name and billing telephone number of | ||||||
| 24 | the account holder including the name of the | ||||||
| 25 | wireless telephone service provider that serves | ||||||
| 26 | the account. | ||||||
| |||||||
| |||||||
| 1 | (ii) Each telephone number that will be | ||||||
| 2 | transferred. | ||||||
| 3 | (iii) A statement that the provider transfers | ||||||
| 4 | to the petitioner all financial responsibility for | ||||||
| 5 | and right to the use of any telephone number | ||||||
| 6 | transferred under this paragraph. | ||||||
| 7 | (B) A wireless telephone service provider shall | ||||||
| 8 | terminate the respondent's use of, and shall transfer | ||||||
| 9 | to the petitioner use of, the telephone number or | ||||||
| 10 | numbers indicated in subparagraph (A) of this | ||||||
| 11 | paragraph unless it notifies the petitioner, within 72 | ||||||
| 12 | hours after it receives the order, that one of the | ||||||
| 13 | following applies: | ||||||
| 14 | (i) The account holder named in the order has | ||||||
| 15 | terminated the account. | ||||||
| 16 | (ii) A difference in network technology would | ||||||
| 17 | prevent or impair the functionality of a device on | ||||||
| 18 | a network if the transfer occurs. | ||||||
| 19 | (iii) The transfer would cause a geographic or | ||||||
| 20 | other limitation on network or service provision | ||||||
| 21 | to the petitioner. | ||||||
| 22 | (iv) Another technological or operational | ||||||
| 23 | issue would prevent or impair the use of the | ||||||
| 24 | telephone number if the transfer occurs. | ||||||
| 25 | (C) The petitioner assumes all financial | ||||||
| 26 | responsibility for and right to the use of any | ||||||
| |||||||
| |||||||
| 1 | telephone number transferred under this paragraph. In | ||||||
| 2 | this paragraph, "financial responsibility" includes | ||||||
| 3 | monthly service costs and costs associated with any | ||||||
| 4 | mobile device associated with the number. | ||||||
| 5 | (D) A wireless telephone service provider may | ||||||
| 6 | apply to the petitioner its routine and customary | ||||||
| 7 | requirements for establishing an account or | ||||||
| 8 | transferring a number, including requiring the | ||||||
| 9 | petitioner to provide proof of identification, | ||||||
| 10 | financial information, and customer preferences.
| ||||||
| 11 | (E) Except for willful or wanton misconduct, a | ||||||
| 12 | wireless telephone service provider is immune from | ||||||
| 13 | civil liability for its actions taken in compliance | ||||||
| 14 | with a court order issued under this paragraph. | ||||||
| 15 | (F) All wireless service providers that provide | ||||||
| 16 | services to residential customers shall provide to the | ||||||
| 17 | Illinois Commerce Commission the name and address of an | ||||||
| 18 | agent for service of orders entered under this | ||||||
| 19 | paragraph (18). Any change in status of the registered | ||||||
| 20 | agent must be reported to the Illinois Commerce | ||||||
| 21 | Commission within 30 days of such change. | ||||||
| 22 | (G) The Illinois Commerce Commission shall | ||||||
| 23 | maintain the list of registered agents for service for | ||||||
| 24 | each wireless telephone service provider on the | ||||||
| 25 | Commission's website. The Commission may consult with | ||||||
| 26 | wireless telephone service providers and the Circuit | ||||||
| |||||||
| |||||||
| 1 | Court Clerks on the manner in which this information is | ||||||
| 2 | provided and displayed. | ||||||
| 3 | (c) Relevant factors; findings.
| ||||||
| 4 | (1) In determining whether to grant a
specific remedy, | ||||||
| 5 | other than payment of support, the
court shall consider | ||||||
| 6 | relevant factors, including, but not limited to, the
| ||||||
| 7 | following:
| ||||||
| 8 | (i) the nature, frequency, severity, pattern, and | ||||||
| 9 | consequences of the
respondent's past abuse of the | ||||||
| 10 | petitioner or any family or household
member, | ||||||
| 11 | including the concealment of his or her location in | ||||||
| 12 | order to evade
service of process or notice, and the | ||||||
| 13 | likelihood of danger of future abuse to
petitioner or
| ||||||
| 14 | any member of petitioner's or respondent's family or | ||||||
| 15 | household; and
| ||||||
| 16 | (ii) the danger that any minor child will be abused | ||||||
| 17 | or neglected or
improperly relocated from the | ||||||
| 18 | jurisdiction, improperly concealed within the
State, | ||||||
| 19 | or improperly separated from the child's primary | ||||||
| 20 | caretaker.
| ||||||
| 21 | (2) In comparing relative hardships resulting to the | ||||||
| 22 | parties from loss
of possession of the family home, the | ||||||
| 23 | court shall consider relevant
factors, including, but not | ||||||
| 24 | limited to, the following:
| ||||||
| 25 | (i) availability, accessibility, cost, safety, | ||||||
| 26 | adequacy, location, and other
characteristics of | ||||||
| |||||||
| |||||||
| 1 | alternate housing for each party and any minor child or
| ||||||
| 2 | dependent adult in the party's care;
| ||||||
| 3 | (ii) the effect on the party's employment; and
| ||||||
| 4 | (iii) the effect on the relationship of the party, | ||||||
| 5 | and any minor
child or dependent adult in the party's | ||||||
| 6 | care, to family, school, church,
and community.
| ||||||
| 7 | (3) Subject to the exceptions set forth in paragraph | ||||||
| 8 | (4) of this
subsection (c), the court shall make its | ||||||
| 9 | findings in an official record or in
writing, and shall at | ||||||
| 10 | a minimum set forth the following:
| ||||||
| 11 | (i) That the court has considered the applicable | ||||||
| 12 | relevant factors
described in paragraphs (1) and (2) of | ||||||
| 13 | this subsection (c).
| ||||||
| 14 | (ii) Whether the conduct or actions of respondent, | ||||||
| 15 | unless
prohibited, will likely cause irreparable harm | ||||||
| 16 | or continued abuse.
| ||||||
| 17 | (iii) Whether it is necessary to grant the | ||||||
| 18 | requested relief in order
to protect petitioner or | ||||||
| 19 | other alleged abused persons.
| ||||||
| 20 | (4) (Blank).
| ||||||
| 21 | (5) Never married parties. No rights or | ||||||
| 22 | responsibilities for a minor
child born outside of marriage | ||||||
| 23 | attach to a putative father until a father and
child | ||||||
| 24 | relationship has been established under the Illinois | ||||||
| 25 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
| 26 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
| |||||||
| |||||||
| 1 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
| 2 | Act of 1975, the Uniform Interstate Family Support Act, the | ||||||
| 3 | Expedited Child Support Act of 1990, any judicial, | ||||||
| 4 | administrative, or other act of another state or territory, | ||||||
| 5 | any other statute of this State, or by any foreign nation | ||||||
| 6 | establishing the father and child relationship, any other | ||||||
| 7 | proceeding substantially in conformity with the federal | ||||||
| 8 | Personal Responsibility and Work Opportunity | ||||||
| 9 | Reconciliation Act of 1996, or when both parties appeared | ||||||
| 10 | in open court or at an administrative hearing acknowledging | ||||||
| 11 | under oath or admitting by affirmation the existence of a | ||||||
| 12 | father and child relationship. Absent such an | ||||||
| 13 | adjudication, no putative father shall be granted
| ||||||
| 14 | temporary allocation of parental responsibilities, | ||||||
| 15 | including parenting time with the minor child, or
physical | ||||||
| 16 | care
and possession of the minor child, nor shall
an order | ||||||
| 17 | of payment for support of the minor child be entered.
| ||||||
| 18 | (d) Balance of hardships; findings. If the court finds that | ||||||
| 19 | the balance
of hardships does not support the granting of a | ||||||
| 20 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
| 21 | subsection (b) of this Section,
which may require such | ||||||
| 22 | balancing, the court's findings shall so
indicate and shall | ||||||
| 23 | include a finding as to whether granting the remedy will
result | ||||||
| 24 | in hardship to respondent that would substantially outweigh the | ||||||
| 25 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
| 26 | shall be an official record or in
writing.
| ||||||
| |||||||
| |||||||
| 1 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
| 2 | based, in
whole or in part, on evidence that:
| ||||||
| 3 | (1) respondent has cause for any use of force, unless | ||||||
| 4 | that cause
satisfies the standards for justifiable use of | ||||||
| 5 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
| 6 | (2) respondent was voluntarily intoxicated;
| ||||||
| 7 | (3) petitioner acted in self-defense or defense of | ||||||
| 8 | another, provided
that, if petitioner utilized force, such | ||||||
| 9 | force was justifiable under
Article 7 of the Criminal Code | ||||||
| 10 | of 2012;
| ||||||
| 11 | (4) petitioner did not act in self-defense or defense | ||||||
| 12 | of another;
| ||||||
| 13 | (5) petitioner left the residence or household to avoid | ||||||
| 14 | further abuse
by respondent;
| ||||||
| 15 | (6) petitioner did not leave the residence or household | ||||||
| 16 | to avoid further
abuse by respondent; or
| ||||||
| 17 | (7) conduct by any family or household member excused | ||||||
| 18 | the abuse by
respondent, unless that same conduct would | ||||||
| 19 | have excused such abuse if the
parties had not been family | ||||||
| 20 | or household members.
| ||||||
| 21 | (Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; | ||||||
| 22 | 100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. | ||||||
| 23 | 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
| 24 | (725 ILCS 5/112A-14.7) | ||||||
| 25 | Sec. 112A-14.7. Stalking no contact order; remedies. | ||||||
| |||||||
| |||||||
| 1 | (a) The court may order any of the remedies listed in this | ||||||
| 2 | Section. The remedies listed in this Section shall be in | ||||||
| 3 | addition to other civil or criminal remedies available to | ||||||
| 4 | petitioner.
A stalking no contact order shall order one or more | ||||||
| 5 | of the following: | ||||||
| 6 | (1) prohibit the respondent from threatening to
commit | ||||||
| 7 | or committing stalking; | ||||||
| 8 | (2) order the respondent not to have any contact with
| ||||||
| 9 | the petitioner or a third person specifically named by the | ||||||
| 10 | court; | ||||||
| 11 | (3) prohibit the respondent from knowingly coming
| ||||||
| 12 | within, or knowingly remaining within a specified distance | ||||||
| 13 | of the petitioner or the petitioner's residence, school, | ||||||
| 14 | daycare, or place of employment, or any specified place | ||||||
| 15 | frequented by the petitioner; however, the court may order | ||||||
| 16 | the respondent to stay away from the respondent's own | ||||||
| 17 | residence, school, or place of employment only if the | ||||||
| 18 | respondent has been provided actual notice of the | ||||||
| 19 | opportunity to appear and be heard on the petition; | ||||||
| 20 | (4) prohibit the respondent from possessing a
Firearm | ||||||
| 21 | Owners Identification Card, or possessing or buying | ||||||
| 22 | firearms; and | ||||||
| 23 | (5) order other injunctive relief the court
determines | ||||||
| 24 | to be necessary to protect the petitioner or third party | ||||||
| 25 | specifically named by the court. | ||||||
| 26 | (b) When the petitioner and the respondent attend the same | ||||||
| |||||||
| |||||||
| 1 | public, private, or non-public elementary, middle, or high | ||||||
| 2 | school, the court when issuing a stalking no contact order and | ||||||
| 3 | providing relief shall consider the severity of the act, any | ||||||
| 4 | continuing physical danger or emotional distress to the | ||||||
| 5 | petitioner, the educational rights guaranteed to the | ||||||
| 6 | petitioner and respondent under federal and State law, the | ||||||
| 7 | availability of a transfer of the respondent to another school, | ||||||
| 8 | a change of placement or a change of program of the respondent, | ||||||
| 9 | the expense, difficulty, and educational disruption that would | ||||||
| 10 | be caused by a transfer of the respondent to another school, | ||||||
| 11 | and any other relevant facts of the case. The court may order | ||||||
| 12 | that the respondent not attend the public, private, or | ||||||
| 13 | non-public elementary, middle, or high school attended by the | ||||||
| 14 | petitioner, order that the respondent accept a change of | ||||||
| 15 | placement or program, as determined by the school district or | ||||||
| 16 | private or non-public school, or place restrictions on the | ||||||
| 17 | respondent's movements within the school attended by the | ||||||
| 18 | petitioner. The respondent bears the burden of proving by a | ||||||
| 19 | preponderance of the evidence that a transfer, change of | ||||||
| 20 | placement, or change of program of the respondent is not | ||||||
| 21 | available. The respondent also bears the burden of production | ||||||
| 22 | with respect to the expense, difficulty, and educational | ||||||
| 23 | disruption that would be caused by a transfer of the respondent | ||||||
| 24 | to another school. A transfer, change of placement, or change | ||||||
| 25 | of program is not unavailable to the respondent solely on the | ||||||
| 26 | ground that the respondent does not agree with the school | ||||||
| |||||||
| |||||||
| 1 | district's or private or non-public school's transfer, change | ||||||
| 2 | of placement, or change of program or solely on the ground that | ||||||
| 3 | the respondent fails or refuses to consent to or otherwise does | ||||||
| 4 | not take an action required to effectuate a transfer, change of | ||||||
| 5 | placement, or change of program. When a court orders a | ||||||
| 6 | respondent to stay away from the public, private, or non-public | ||||||
| 7 | school attended by the petitioner and the respondent requests a | ||||||
| 8 | transfer to another attendance center within the respondent's | ||||||
| 9 | school district or private or non-public school, the school | ||||||
| 10 | district or private or non-public school shall have sole | ||||||
| 11 | discretion to determine the attendance center to which the | ||||||
| 12 | respondent is transferred. If the court order results in a | ||||||
| 13 | transfer of the minor respondent to another attendance center, | ||||||
| 14 | a change in the respondent's placement, or a change of the | ||||||
| 15 | respondent's program, the parents, guardian, or legal | ||||||
| 16 | custodian of the respondent is responsible for transportation | ||||||
| 17 | and other costs associated with the transfer or change. | ||||||
| 18 | (c) The court may order the parents, guardian, or legal | ||||||
| 19 | custodian of a minor respondent to take certain actions or to | ||||||
| 20 | refrain from taking certain actions to ensure that the | ||||||
| 21 | respondent complies with the order. If the court orders a | ||||||
| 22 | transfer of the respondent to another school, the parents, | ||||||
| 23 | guardian, or legal custodian of the respondent are responsible | ||||||
| 24 | for transportation and other costs associated with the change | ||||||
| 25 | of school by the respondent. | ||||||
| 26 | (d) The court shall not hold a school district or private | ||||||
| |||||||
| |||||||
| 1 | or non-public school or any of its employees in civil or | ||||||
| 2 | criminal contempt unless the school district or private or | ||||||
| 3 | non-public school has been allowed to intervene. | ||||||
| 4 | (e) The court may hold the parents, guardian, or legal | ||||||
| 5 | custodian of a minor respondent in civil or criminal contempt | ||||||
| 6 | for a violation of any provision of any order entered under | ||||||
| 7 | this Article for conduct of the minor respondent in violation | ||||||
| 8 | of this Article if the parents, guardian, or legal custodian | ||||||
| 9 | directed, encouraged, or assisted the respondent minor in the | ||||||
| 10 | conduct. | ||||||
| 11 | (f) Monetary damages are not recoverable as a remedy. | ||||||
| 12 | (g) If the stalking no contact order prohibits the | ||||||
| 13 | respondent from possessing a Firearm Owner's Identification | ||||||
| 14 | Card, or possessing or buying firearms; the court shall | ||||||
| 15 | confiscate the respondent's Firearm Owner's Identification | ||||||
| 16 | Card and immediately return the card to the Illinois Department | ||||||
| 17 | of State Police Firearm Owner's Identification Card Office.
| ||||||
| 18 | (Source: P.A. 100-199, eff. 1-1-18.)
| ||||||
| 19 | (725 ILCS 5/112A-17.5) | ||||||
| 20 | Sec. 112A-17.5. Ex parte protective orders. | ||||||
| 21 | (a) The petitioner may request expedited consideration of | ||||||
| 22 | the petition for an ex parte protective order. The court shall | ||||||
| 23 | consider the request on an expedited basis without requiring | ||||||
| 24 | the respondent's presence or requiring notice to the | ||||||
| 25 | respondent. | ||||||
| |||||||
| |||||||
| 1 | (b) Issuance of ex parte protective orders in cases | ||||||
| 2 | involving domestic violence. An ex parte domestic violence | ||||||
| 3 | order of protection shall be issued if petitioner satisfies the | ||||||
| 4 | requirements of this subsection (b) for one or more of the | ||||||
| 5 | requested remedies. For each remedy requested, petitioner | ||||||
| 6 | shall establish that: | ||||||
| 7 | (1) the court has jurisdiction under Section 112A-9 of | ||||||
| 8 | this Code; | ||||||
| 9 | (2) the requirements of subsection (a) of Section | ||||||
| 10 | 112A-11.5 of this Code are satisfied; and | ||||||
| 11 | (3) there is good cause to grant the remedy, regardless | ||||||
| 12 | of prior service of process or notice upon the respondent, | ||||||
| 13 | because: | ||||||
| 14 | (A) for the remedy of prohibition of abuse | ||||||
| 15 | described in paragraph (1) of subsection (b) of Section | ||||||
| 16 | 112A-14 of this Code; stay away order and additional | ||||||
| 17 | prohibitions described in paragraph (3) of subsection | ||||||
| 18 | (b) of Section 112A-14 of this Code; removal or | ||||||
| 19 | concealment of minor child described in paragraph (8) | ||||||
| 20 | of subsection (b) of Section 112A-14 of this Code; | ||||||
| 21 | order to appear described in paragraph (9) of | ||||||
| 22 | subsection (b) of Section 112A-14 of this Code; | ||||||
| 23 | physical care and possession of the minor child | ||||||
| 24 | described in paragraph (5) of subsection (b) of Section | ||||||
| 25 | 112A-14 of this Code; protection of property described | ||||||
| 26 | in paragraph (11) of subsection (b) of Section 112A-14 | ||||||
| |||||||
| |||||||
| 1 | of this Code; prohibition of entry described in | ||||||
| 2 | paragraph (14) of subsection (b) of Section 112A-14 of | ||||||
| 3 | this Code; prohibition of firearm possession described | ||||||
| 4 | in paragraph (14.5) of subsection (b) of Section | ||||||
| 5 | 112A-14 of this Code; prohibition of access to records | ||||||
| 6 | described in paragraph (15) of subsection (b) of | ||||||
| 7 | Section 112A-14 of this Code; injunctive relief | ||||||
| 8 | described in paragraph (16) of subsection (b) of | ||||||
| 9 | Section 112A-14 of this Code; and telephone services | ||||||
| 10 | described in paragraph (18) of subsection (b) of | ||||||
| 11 | Section 112A-14 of this Code, the harm which that | ||||||
| 12 | remedy is intended to prevent would be likely to occur | ||||||
| 13 | if the respondent were given any prior notice, or | ||||||
| 14 | greater notice than was actually given, of the | ||||||
| 15 | petitioner's efforts to obtain judicial relief; | ||||||
| 16 | (B) for the remedy of grant of exclusive possession | ||||||
| 17 | of residence described in paragraph (2) of subsection | ||||||
| 18 | (b) of Section 112A-14 of this Code; the immediate | ||||||
| 19 | danger of further abuse of the petitioner by the | ||||||
| 20 | respondent, if the petitioner chooses or had chosen to | ||||||
| 21 | remain in the residence or household while the | ||||||
| 22 | respondent was given any prior notice or greater notice | ||||||
| 23 | than was actually given of the petitioner's efforts to | ||||||
| 24 | obtain judicial relief outweighs the hardships to the | ||||||
| 25 | respondent of an emergency order granting the | ||||||
| 26 | petitioner exclusive possession of the residence or | ||||||
| |||||||
| |||||||
| 1 | household; and the remedy shall not be denied because | ||||||
| 2 | the petitioner has or could obtain temporary shelter | ||||||
| 3 | elsewhere while prior notice is given to the | ||||||
| 4 | respondent, unless the hardship to the respondent from | ||||||
| 5 | exclusion from the home substantially outweigh the | ||||||
| 6 | hardship to the petitioner; or | ||||||
| 7 | (C) for the remedy of possession of personal | ||||||
| 8 | property described in paragraph (10) of subsection (b) | ||||||
| 9 | of Section 112A-14 of this Code; improper disposition | ||||||
| 10 | of the personal property would be likely to occur if | ||||||
| 11 | the respondent were given any prior notice, or greater | ||||||
| 12 | notice than was actually given, of the petitioner's | ||||||
| 13 | efforts to obtain judicial relief or the petitioner has | ||||||
| 14 | an immediate and pressing need for the possession of | ||||||
| 15 | that property. | ||||||
| 16 | An ex parte domestic violence order of protection may not | ||||||
| 17 | include the counseling, custody, or payment of support or | ||||||
| 18 | monetary compensation remedies provided by paragraphs (4), | ||||||
| 19 | (12), (13), and (16) of subsection (b) of Section 112A-14 of | ||||||
| 20 | this Code. | ||||||
| 21 | (c) Issuance of ex parte civil no contact order in cases | ||||||
| 22 | involving sexual offenses. An ex parte civil no contact order | ||||||
| 23 | shall be issued if the petitioner establishes that: | ||||||
| 24 | (1) the court has jurisdiction under Section 112A-9 of | ||||||
| 25 | this Code; | ||||||
| 26 | (2) the requirements of subsection (a) of Section | ||||||
| |||||||
| |||||||
| 1 | 112A-11.5 of this Code are satisfied; and | ||||||
| 2 | (3) there is good cause to grant the remedy, regardless | ||||||
| 3 | of prior service of process or of notice upon the | ||||||
| 4 | respondent, because the harm which that remedy is intended | ||||||
| 5 | to prevent would be likely to occur if the respondent were | ||||||
| 6 | given any prior notice, or greater notice than was actually | ||||||
| 7 | given, of the petitioner's efforts to obtain judicial | ||||||
| 8 | relief. | ||||||
| 9 | The court may order any of the remedies under Section | ||||||
| 10 | 112A-14.5 of this Code. | ||||||
| 11 | (d) Issuance of ex parte stalking no contact order in cases | ||||||
| 12 | involving stalking offenses. An ex parte stalking no contact | ||||||
| 13 | order shall be issued if the petitioner establishes that: | ||||||
| 14 | (1) the court has jurisdiction under Section 112A-9 of | ||||||
| 15 | this Code; | ||||||
| 16 | (2) the requirements of subsection (a) of Section | ||||||
| 17 | 112A-11.5 of this Code are satisfied; and | ||||||
| 18 | (3) there is good cause to grant the remedy, regardless | ||||||
| 19 | of prior service of process or of notice upon the | ||||||
| 20 | respondent, because the harm which that remedy is intended | ||||||
| 21 | to prevent would be likely to occur if the respondent were | ||||||
| 22 | given any prior notice, or greater notice than was actually | ||||||
| 23 | given, of the petitioner's efforts to obtain judicial | ||||||
| 24 | relief. | ||||||
| 25 | The court may order any of the remedies under Section | ||||||
| 26 | 112A-14.7 of this Code. | ||||||
| |||||||
| |||||||
| 1 | (e) Issuance of ex parte protective orders on court | ||||||
| 2 | holidays and evenings. | ||||||
| 3 | When the court is unavailable at the close of business, the | ||||||
| 4 | petitioner may file a petition for an ex parte protective order | ||||||
| 5 | before any available circuit judge or associate judge who may | ||||||
| 6 | grant relief under this Article. If the judge finds that | ||||||
| 7 | petitioner has satisfied the prerequisites in subsection (b), | ||||||
| 8 | (c), or (d) of this Section, the judge shall issue an ex parte | ||||||
| 9 | protective order. | ||||||
| 10 | The chief judge of the circuit court may designate for each | ||||||
| 11 | county in the circuit at least one judge to be reasonably | ||||||
| 12 | available to issue orally, by telephone, by facsimile, or | ||||||
| 13 | otherwise, an ex parte protective order at all times, whether | ||||||
| 14 | or not the court is in session. | ||||||
| 15 | The judge who issued the order under this Section shall | ||||||
| 16 | promptly communicate or convey the order to the sheriff to | ||||||
| 17 | facilitate the entry of the order into the Law Enforcement | ||||||
| 18 | Agencies Data System by the Illinois Department of State Police | ||||||
| 19 | under Section 112A-28 of this Code. Any order issued under this | ||||||
| 20 | Section and any documentation in support of it shall be | ||||||
| 21 | certified on the next court day to the appropriate court. The | ||||||
| 22 | clerk of that court shall immediately assign a case number, | ||||||
| 23 | file the petition, order, and other documents with the court | ||||||
| 24 | and enter the order of record and file it with the sheriff for | ||||||
| 25 | service under subsection (f) of this Section. Failure to comply | ||||||
| 26 | with the requirements of this subsection (e) shall not affect | ||||||
| |||||||
| |||||||
| 1 | the validity of the order. | ||||||
| 2 | (f) Service of ex parte protective order on respondent. | ||||||
| 3 | (1) If an ex parte protective order is entered at the | ||||||
| 4 | time a summons or arrest warrant is issued for the criminal | ||||||
| 5 | charge, the petition for the protective order, any | ||||||
| 6 | supporting affidavits, if any, and the ex parte protective | ||||||
| 7 | order that has been issued shall be served with the summons | ||||||
| 8 | or arrest warrant. The enforcement of a protective order | ||||||
| 9 | under Section 112A-23 of this Code shall not be affected by | ||||||
| 10 | the lack of service or delivery, provided the requirements | ||||||
| 11 | of subsection (a) of Section 112A-23 of this Code are | ||||||
| 12 | otherwise met. | ||||||
| 13 | (2) If an ex parte protective order is entered after a | ||||||
| 14 | summons or arrest warrant is issued and before the | ||||||
| 15 | respondent makes an initial appearance in the criminal | ||||||
| 16 | case, the summons shall be in the form prescribed by | ||||||
| 17 | subsection (d) of Supreme Court Rule 101, except that it | ||||||
| 18 | shall require respondent to answer or appear within 7 days | ||||||
| 19 | and shall be accompanied by the petition for the protective | ||||||
| 20 | order, any supporting affidavits, if any, and the ex parte | ||||||
| 21 | protective order that has been issued. | ||||||
| 22 | (3) If an ex parte protective order is entered after | ||||||
| 23 | the respondent has been served notice of a petition for a | ||||||
| 24 | final protective order and the respondent has requested a | ||||||
| 25 | continuance to respond to the petition, the ex parte | ||||||
| 26 | protective order shall be served: (A) in open court if the | ||||||
| |||||||
| |||||||
| 1 | respondent is present at the proceeding at which the order | ||||||
| 2 | was entered; or (B) by summons in the form prescribed by | ||||||
| 3 | subsection (d) of Supreme Court Rule 101. | ||||||
| 4 | (4) No fee shall be charged for service of summons. | ||||||
| 5 | (5) The summons shall be served by the sheriff or other | ||||||
| 6 | law enforcement officer at the earliest time and shall take | ||||||
| 7 | precedence over other summonses except those of a similar | ||||||
| 8 | emergency nature. Special process servers may be appointed | ||||||
| 9 | at any time, and their designation shall not affect the | ||||||
| 10 | responsibilities and authority of the sheriff or other | ||||||
| 11 | official process servers. In a county with a population | ||||||
| 12 | over 3,000,000, a special process server may not be | ||||||
| 13 | appointed if an ex parte protective order grants the | ||||||
| 14 | surrender of a child, the surrender of a firearm or Firearm | ||||||
| 15 | Owner's Identification Card, or the exclusive possession | ||||||
| 16 | of a shared residence. Process may be served in court. | ||||||
| 17 | (g) Upon 7 days' notice to the petitioner, or a shorter | ||||||
| 18 | notice period as the court may prescribe, a respondent subject | ||||||
| 19 | to an ex parte protective order may appear and petition the | ||||||
| 20 | court to re-hear the petition. Any petition to re-hear shall be | ||||||
| 21 | verified and shall allege the following: | ||||||
| 22 | (1) that respondent did not receive prior notice of the | ||||||
| 23 | initial hearing in which the ex parte protective order was | ||||||
| 24 | entered under Section 112A-17.5 of this Code; and | ||||||
| 25 | (2) that respondent had a meritorious defense to the | ||||||
| 26 | order or any of its remedies or that the order or any of | ||||||
| |||||||
| |||||||
| 1 | its remedies was not authorized under this Article. | ||||||
| 2 | The verified petition and affidavit shall set forth the | ||||||
| 3 | evidence of the meritorious defense that will be presented at a | ||||||
| 4 | hearing. If the court finds that the evidence presented at the | ||||||
| 5 | hearing on the petition establishes a meritorious defense by a | ||||||
| 6 | preponderance of the evidence, the court may decide to vacate | ||||||
| 7 | the protective order or modify the remedies. | ||||||
| 8 | (h) If the ex parte protective order granted petitioner | ||||||
| 9 | exclusive possession of the residence and the petition of | ||||||
| 10 | respondent seeks to re-open or vacate that grant, the court | ||||||
| 11 | shall set a date for hearing within 14 days on all issues | ||||||
| 12 | relating to exclusive possession. Under no circumstances shall | ||||||
| 13 | a court continue a hearing concerning exclusive possession | ||||||
| 14 | beyond the 14th day except by agreement of the petitioner and | ||||||
| 15 | the respondent. Other issues raised by the pleadings may be | ||||||
| 16 | consolidated for the hearing if the petitioner, the respondent, | ||||||
| 17 | and the court do not object. | ||||||
| 18 | (i) Duration of ex parte protective order. An ex parte | ||||||
| 19 | order shall remain in effect until the court considers the | ||||||
| 20 | request for a final protective order after notice has been | ||||||
| 21 | served on the respondent or a default final protective order is | ||||||
| 22 | entered, whichever occurs first. If a court date is scheduled | ||||||
| 23 | for the issuance of a default protective order and the | ||||||
| 24 | petitioner fails to personally appear or appear through counsel | ||||||
| 25 | or the prosecuting attorney, the petition shall be dismissed | ||||||
| 26 | and the ex parte order terminated.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-597, eff. 6-29-18.)
| ||||||
| 2 | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| ||||||
| 3 | Sec. 112A-20. Duration and extension of final protective | ||||||
| 4 | orders.
| ||||||
| 5 | (a) (Blank).
| ||||||
| 6 | (b) A final protective order shall remain in effect as | ||||||
| 7 | follows:
| ||||||
| 8 | (1) if entered during pre-trial release, until | ||||||
| 9 | disposition, withdrawal,
or dismissal of the underlying | ||||||
| 10 | charge; if, however, the case is continued as an
| ||||||
| 11 | independent cause of action, the order's duration may be | ||||||
| 12 | for a fixed period
of time not to exceed 2 years;
| ||||||
| 13 | (2) if in effect in conjunction with a bond forfeiture | ||||||
| 14 | warrant, until
final disposition or an additional period
of | ||||||
| 15 | time not
exceeding 2 years; no domestic violence order of
| ||||||
| 16 | protection, however, shall be terminated by a dismissal | ||||||
| 17 | that is accompanied
by the issuance of a bond forfeiture | ||||||
| 18 | warrant;
| ||||||
| 19 | (3) until 2 years after the expiration of any | ||||||
| 20 | supervision, conditional discharge,
probation, periodic | ||||||
| 21 | imprisonment, parole, aftercare release, or mandatory | ||||||
| 22 | supervised release for domestic violence orders of | ||||||
| 23 | protection and civil no contact orders; or
| ||||||
| 24 | (4) until 2 years after the date set by the court for | ||||||
| 25 | expiration of any sentence of
imprisonment and subsequent | ||||||
| |||||||
| |||||||
| 1 | parole, aftercare release, or mandatory supervised release
| ||||||
| 2 | for domestic violence orders of protection and civil no | ||||||
| 3 | contact orders; and
| ||||||
| 4 | (5) permanent for a stalking no contact order if a | ||||||
| 5 | judgment of conviction for stalking is entered. | ||||||
| 6 | (c) Computation of time. The duration of a domestic | ||||||
| 7 | violence order of protection shall
not be reduced by the | ||||||
| 8 | duration of any prior domestic violence order of protection.
| ||||||
| 9 | (d) Law enforcement records. When a protective order | ||||||
| 10 | expires
upon the occurrence of a specified event, rather than | ||||||
| 11 | upon a specified date
as provided in subsection (b), no | ||||||
| 12 | expiration date shall be entered in
Illinois Department of | ||||||
| 13 | State Police records. To remove the protective order from
those | ||||||
| 14 | records, either the petitioner or the respondent shall request | ||||||
| 15 | the clerk of the court to file a
certified copy of an order | ||||||
| 16 | stating that the specified event has occurred or
that the | ||||||
| 17 | protective order has been vacated or modified with the sheriff, | ||||||
| 18 | and the
sheriff shall direct that law enforcement records shall | ||||||
| 19 | be promptly
corrected in accordance with the filed order.
| ||||||
| 20 | (e) Extension of Orders. Any domestic violence order of
| ||||||
| 21 | protection or civil no contact order that expires 2 years after | ||||||
| 22 | the expiration of the defendant's sentence under paragraph (2), | ||||||
| 23 | (3), or (4) of subsection (b) of Section 112A-20 of this | ||||||
| 24 | Article may be extended one or more times, as required. The | ||||||
| 25 | petitioner, petitioner's counsel, or the State's Attorney on | ||||||
| 26 | the petitioner's behalf shall file the motion for an extension | ||||||
| |||||||
| |||||||
| 1 | of the final protective order in the criminal case and serve | ||||||
| 2 | the motion in accordance with Supreme Court Rules 11 and 12. | ||||||
| 3 | The court shall transfer the motion to the appropriate court or | ||||||
| 4 | division for consideration under subsection (e) of Section 220 | ||||||
| 5 | of the Illinois Domestic Violence Act of 1986, subsection (c) | ||||||
| 6 | of Section 216 of the Civil No Contact Order Act, or subsection | ||||||
| 7 | (c) of Section 105 of the Stalking No Contact Order as | ||||||
| 8 | appropriate.
| ||||||
| 9 | (f) Termination date. Any final protective order which | ||||||
| 10 | would expire on a
court holiday shall instead expire at the | ||||||
| 11 | close of the next court business day.
| ||||||
| 12 | (g) Statement of purpose. The practice of dismissing or | ||||||
| 13 | suspending a
criminal prosecution in exchange for issuing a | ||||||
| 14 | protective order
undermines the purposes of this Article. This | ||||||
| 15 | Section shall not be
construed as encouraging that practice.
| ||||||
| 16 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| ||||||
| 17 | (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
| ||||||
| 18 | Sec. 112A-22. Notice of orders.
| ||||||
| 19 | (a) Entry and issuance. Upon issuance
of any protective | ||||||
| 20 | order, the clerk shall
immediately, or on the next court day if | ||||||
| 21 | an ex parte order is issued under subsection (e) of Section | ||||||
| 22 | 112A-17.5 of this Code,
(i) enter the order on the record and | ||||||
| 23 | file it
in accordance with the circuit court
procedures and | ||||||
| 24 | (ii) provide a file stamped copy of the order to
respondent and | ||||||
| 25 | to petitioner, if present, and to the State's Attorney. If the | ||||||
| |||||||
| |||||||
| 1 | victim is not present the State's Attorney shall (i) as soon as | ||||||
| 2 | practicable notify the petitioner the order has been entered | ||||||
| 3 | and (ii) provide a file stamped copy of the order to the | ||||||
| 4 | petitioner within 3 days.
| ||||||
| 5 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
| 6 | shall, on the same day that a protective order is
issued, file | ||||||
| 7 | a copy of that order with the sheriff or other law enforcement
| ||||||
| 8 | officials charged with maintaining Illinois Department of | ||||||
| 9 | State Police records or charged with serving the order upon | ||||||
| 10 | respondent. If the order was issued under subsection (e) of | ||||||
| 11 | Section 112A-17.5 of this Code, the clerk on the next court day | ||||||
| 12 | shall file a certified copy of the order with the sheriff or | ||||||
| 13 | other law enforcement officials charged with maintaining | ||||||
| 14 | Illinois Department of State Police records.
| ||||||
| 15 | (c) (Blank).
| ||||||
| 16 | (c-2) Service by sheriff. Unless respondent was present in | ||||||
| 17 | court when the order was issued, the sheriff, other law | ||||||
| 18 | enforcement official, or special process server shall promptly | ||||||
| 19 | serve that order upon respondent and file proof of the service, | ||||||
| 20 | in the manner provided for service of process in civil | ||||||
| 21 | proceedings. Instead of serving the order upon the respondent; | ||||||
| 22 | however, the sheriff, other law enforcement official, special | ||||||
| 23 | process server, or other persons defined in Section 112A-22.1 | ||||||
| 24 | of this Code may serve the respondent with a short form | ||||||
| 25 | notification as provided in Section 112A-22.1 of this Code. If | ||||||
| 26 | process has not yet been served upon the respondent, process | ||||||
| |||||||
| |||||||
| 1 | shall be served with the order or short form notification if | ||||||
| 2 | the service is made by the sheriff, other law enforcement | ||||||
| 3 | official, or special process server. | ||||||
| 4 | (c-3) If the person against whom the protective order is | ||||||
| 5 | issued is arrested and the written order is issued under | ||||||
| 6 | subsection (e) of Section 112A-17.5 of this Code and received | ||||||
| 7 | by the custodial law enforcement agency before the respondent | ||||||
| 8 | or arrestee is released from custody, the custodial law | ||||||
| 9 | enforcement agency shall promptly serve the order upon the | ||||||
| 10 | respondent or arrestee before the respondent or arrestee is | ||||||
| 11 | released from custody. In no event shall detention of the | ||||||
| 12 | respondent or arrestee be extended for a hearing on the | ||||||
| 13 | petition for protective order or receipt of the order issued | ||||||
| 14 | under Section 112A-17 of this Code. | ||||||
| 15 | (c-4) Extensions, modifications, and revocations. Any | ||||||
| 16 | order extending, modifying, or revoking any protective order | ||||||
| 17 | shall be promptly recorded, issued, and served as provided in | ||||||
| 18 | this Section. | ||||||
| 19 | (c-5) (Blank).
| ||||||
| 20 | (d) (Blank).
| ||||||
| 21 | (e) Notice to health care facilities and health care | ||||||
| 22 | practitioners. Upon the request of the petitioner, the clerk of | ||||||
| 23 | the circuit court shall send a certified copy of the protective | ||||||
| 24 | order to any specified health care facility or health care | ||||||
| 25 | practitioner requested by the petitioner at the mailing address | ||||||
| 26 | provided by the petitioner. | ||||||
| |||||||
| |||||||
| 1 | (f) Disclosure by health care facilities and health care | ||||||
| 2 | practitioners. After receiving a certified copy of a protective | ||||||
| 3 | order that prohibits a respondent's access to records, no | ||||||
| 4 | health care facility or health care practitioner shall allow a | ||||||
| 5 | respondent access to the records of any child who is a | ||||||
| 6 | protected person under the protective order, or release | ||||||
| 7 | information in those records to the respondent, unless the | ||||||
| 8 | order has expired or the respondent shows a certified copy of | ||||||
| 9 | the court order vacating the corresponding protective order | ||||||
| 10 | that was sent to the health care facility or practitioner. | ||||||
| 11 | Nothing in this Section shall be construed to require health
| ||||||
| 12 | care facilities or health care practitioners to alter | ||||||
| 13 | procedures related to billing and payment. The health care | ||||||
| 14 | facility or health care practitioner may file the copy of the | ||||||
| 15 | protective order in the records of a child who is a protected | ||||||
| 16 | person under the protective order, or may employ any other | ||||||
| 17 | method to identify the records to which a respondent is | ||||||
| 18 | prohibited access. No health care facility or health care | ||||||
| 19 | practitioner shall be civilly or professionally liable for
| ||||||
| 20 | reliance on a copy of a protective order, except for willful | ||||||
| 21 | and wanton misconduct. | ||||||
| 22 | (g) Notice to schools. Upon the request of the petitioner, | ||||||
| 23 | within 24
hours of the issuance of a protective order, the | ||||||
| 24 | clerk of the issuing judge shall
send a certified copy of
the | ||||||
| 25 | protective order to the day-care facility,
pre-school or | ||||||
| 26 | pre-kindergarten, or private school or the principal
office of | ||||||
| |||||||
| |||||||
| 1 | the public school district or any college or university in | ||||||
| 2 | which any child who
is a protected person under the protective | ||||||
| 3 | order or any child
of
the
petitioner is enrolled as requested | ||||||
| 4 | by the petitioner at the mailing address provided by the | ||||||
| 5 | petitioner.
If the child transfers enrollment to another | ||||||
| 6 | day-care facility, pre-school,
pre-kindergarten,
private | ||||||
| 7 | school, public school, college, or university, the petitioner | ||||||
| 8 | may,
within 24 hours
of the transfer, send to the clerk written | ||||||
| 9 | notice of the transfer, including
the name and
address of the | ||||||
| 10 | institution to which the child is transferring.
Within 24 hours | ||||||
| 11 | of receipt of notice
from the petitioner that a child is | ||||||
| 12 | transferring to another day-care facility,
pre-school, | ||||||
| 13 | pre-kindergarten, private school, public school, college, or
| ||||||
| 14 | university, the clerk shall send a certified copy of the order | ||||||
| 15 | to the institution to which the child
is
transferring. | ||||||
| 16 | (h) Disclosure by schools. After receiving a certified copy | ||||||
| 17 | of a protective order that prohibits a respondent's access to | ||||||
| 18 | records, neither a
day-care facility, pre-school, | ||||||
| 19 | pre-kindergarten, public
or private school, college, or | ||||||
| 20 | university nor its employees shall allow a
respondent access to | ||||||
| 21 | a
protected child's records or release information in those | ||||||
| 22 | records to the
respondent. The school shall file
the copy of | ||||||
| 23 | the protective order in the records of a child who
is a | ||||||
| 24 | protected person under the order. When a child who is a
| ||||||
| 25 | protected person under the protective order transfers to | ||||||
| 26 | another day-care
facility, pre-school, pre-kindergarten, | ||||||
| |||||||
| |||||||
| 1 | public or private school, college, or
university, the | ||||||
| 2 | institution from which the child is transferring may, at the
| ||||||
| 3 | request of the petitioner, provide,
within 24 hours of the | ||||||
| 4 | transfer, written notice of the protective order,
along with a | ||||||
| 5 | certified copy of the order, to the institution to which the | ||||||
| 6 | child
is
transferring. | ||||||
| 7 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| ||||||
| 8 | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| ||||||
| 9 | Sec. 112A-28. Data maintenance by law enforcement | ||||||
| 10 | agencies.
| ||||||
| 11 | (a) All sheriffs shall furnish to the Illinois Department | ||||||
| 12 | of State Police, daily, in
the form and detail the Department | ||||||
| 13 | requires, copies of any recorded protective orders issued by | ||||||
| 14 | the court, and any foreign protective orders filed by
the clerk | ||||||
| 15 | of the court, and transmitted to the sheriff by the clerk of | ||||||
| 16 | the
court. Each protective order shall be entered in the Law | ||||||
| 17 | Enforcement Agencies
Data System on the same day it is issued | ||||||
| 18 | by the court.
| ||||||
| 19 | (b) The Illinois Department of State Police shall maintain | ||||||
| 20 | a complete and systematic
record and index of all valid and | ||||||
| 21 | recorded protective orders issued or
filed under this Act. The | ||||||
| 22 | data shall be used to inform all dispatchers
and law | ||||||
| 23 | enforcement officers at the scene of an alleged incident of | ||||||
| 24 | abuse or
violation of a protective order of any recorded prior | ||||||
| 25 | incident of abuse
involving the abused party and the effective | ||||||
| |||||||
| |||||||
| 1 | dates and terms of any recorded
protective order.
| ||||||
| 2 | (c) The data, records and transmittals required under this | ||||||
| 3 | Section shall
pertain to: | ||||||
| 4 | (1) any valid emergency, interim or plenary domestic | ||||||
| 5 | violence order of protection, civil no contact or stalking | ||||||
| 6 | no contact order
issued in a civil proceeding; and | ||||||
| 7 | (2) any valid ex parte or final protective order issued | ||||||
| 8 | in a criminal proceeding or authorized under the laws
of | ||||||
| 9 | another state, tribe, or United States territory.
| ||||||
| 10 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| ||||||
| 11 | (725 ILCS 5/115-15)
| ||||||
| 12 | Sec. 115-15. Laboratory reports.
| ||||||
| 13 | (a) In any criminal prosecution for a violation of
the | ||||||
| 14 | Cannabis
Control Act, the Illinois Controlled Substances Act, | ||||||
| 15 | or the Methamphetamine Control and Community Protection Act, a | ||||||
| 16 | laboratory report
from the Illinois Department of State Police, | ||||||
| 17 | Division of Forensic Services, that is
signed and sworn to by | ||||||
| 18 | the person performing an
analysis and that states (1) that the | ||||||
| 19 | substance that is the basis of the
alleged
violation
has been | ||||||
| 20 | weighed and analyzed, and (2) the person's findings as to the
| ||||||
| 21 | contents, weight and identity of the substance, and (3) that it | ||||||
| 22 | contains any
amount of a controlled substance or cannabis is | ||||||
| 23 | prima facie evidence of the
contents, identity and weight of | ||||||
| 24 | the substance. Attached to the report
shall be a copy of a | ||||||
| 25 | notarized statement by the signer of the report giving
the name | ||||||
| |||||||
| |||||||
| 1 | of the signer and stating (i) that he or she is an employee of | ||||||
| 2 | the
Illinois Department of State Police, Division of Forensic | ||||||
| 3 | Services,
(ii) the name and location of the laboratory where | ||||||
| 4 | the analysis was
performed, (iii) that performing the analysis | ||||||
| 5 | is a part of his or her regular
duties, and (iv) that the | ||||||
| 6 | signer is qualified by education, training and
experience to | ||||||
| 7 | perform the analysis. The signer shall also allege that
| ||||||
| 8 | scientifically accepted tests were performed with due caution | ||||||
| 9 | and that the
evidence was handled in accordance with | ||||||
| 10 | established and accepted procedures
while in the custody of the | ||||||
| 11 | laboratory.
| ||||||
| 12 | (a-5) In any criminal prosecution for reckless homicide | ||||||
| 13 | under Section 9-3
of the
Criminal Code of
1961 or the Criminal | ||||||
| 14 | Code of 2012, or driving under the influence of alcohol, other | ||||||
| 15 | drug, or combination of
both, in
violation of Section
11-501 of | ||||||
| 16 | the Illinois Vehicle Code or in any civil action held under a
| ||||||
| 17 | statutory summary
suspension or revocation hearing under | ||||||
| 18 | Section 2-118.1 of the Illinois Vehicle Code, a
laboratory | ||||||
| 19 | report from the
Illinois Department of State Police, Division | ||||||
| 20 | of Forensic Services, that is signed and
sworn to by the person
| ||||||
| 21 | performing an analysis, and that states
that the sample of | ||||||
| 22 | blood, other bodily substance, or urine was tested for alcohol | ||||||
| 23 | or
drugs, and
contains the person's findings as to the presence | ||||||
| 24 | and amount
of
alcohol or
drugs and type of drug is prima facie | ||||||
| 25 | evidence of
the presence, content, and amount of the alcohol or | ||||||
| 26 | drugs analyzed in
the blood, other bodily substance, or urine. | ||||||
| |||||||
| |||||||
| 1 | Attached to the report must be a copy of a notarized
statement | ||||||
| 2 | by the
signer of the report giving the name of the signer and | ||||||
| 3 | stating (1) that he or
she is an employee
of the Illinois | ||||||
| 4 | Department of State Police, Division of Forensic Services, (2) | ||||||
| 5 | the name
and location
of the laboratory where the analysis was | ||||||
| 6 | performed, (3) that performing the
analysis is a part
of his or | ||||||
| 7 | her regular duties, (4) that the signer is qualified by
| ||||||
| 8 | education, training, and
experience to perform the analysis, | ||||||
| 9 | and (5) that
scientifically accepted
tests were performed with | ||||||
| 10 | due caution and that the evidence was handled in
accordance | ||||||
| 11 | with
established and accepted procedures while in the custody | ||||||
| 12 | of the laboratory.
| ||||||
| 13 | (b) The State's Attorney shall serve a copy of the report | ||||||
| 14 | on the
attorney of record for the accused, or on the accused if | ||||||
| 15 | he or she has no
attorney, before any proceeding in which the | ||||||
| 16 | report is to be used against
the accused other than at a | ||||||
| 17 | preliminary hearing or grand jury hearing when
the report may | ||||||
| 18 | be used without having been previously served upon the accused.
| ||||||
| 19 | (c) The report shall not be prima facie evidence if the
| ||||||
| 20 | accused or his or her attorney
demands the testimony of the | ||||||
| 21 | person signing the report by serving the
demand upon the | ||||||
| 22 | State's Attorney within 7 days from the accused or his or her
| ||||||
| 23 | attorney's receipt of the report.
| ||||||
| 24 | (Source: P.A. 99-697, eff. 7-29-16.)
| ||||||
| 25 | (725 ILCS 5/116-3)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 116-3. Motion for fingerprint, Integrated Ballistic | ||||||
| 2 | Identification System, or forensic testing not available at
| ||||||
| 3 | trial or guilty plea regarding
actual innocence.
| ||||||
| 4 | (a) A defendant may make a motion before the trial court | ||||||
| 5 | that entered the
judgment of conviction in his or her case for | ||||||
| 6 | the performance of fingerprint, Integrated Ballistic | ||||||
| 7 | Identification System, or
forensic DNA testing, including | ||||||
| 8 | comparison analysis of genetic marker
groupings of the evidence | ||||||
| 9 | collected by criminal justice agencies pursuant to
the alleged | ||||||
| 10 | offense, to those of the defendant, to those of other forensic
| ||||||
| 11 | evidence, and to those maintained
under subsection (f) of | ||||||
| 12 | Section 5-4-3 of the Unified Code of Corrections,
on evidence | ||||||
| 13 | that was secured in relation
to the trial or guilty plea which | ||||||
| 14 | resulted in his or her conviction, and:
| ||||||
| 15 | (1) was not subject
to the testing which is now | ||||||
| 16 | requested at the time of trial; or
| ||||||
| 17 | (2) although previously subjected to testing, can be | ||||||
| 18 | subjected to additional testing utilizing a method that was | ||||||
| 19 | not scientifically available at the time of trial that | ||||||
| 20 | provides a reasonable likelihood of more probative | ||||||
| 21 | results.
| ||||||
| 22 | Reasonable notice of the motion shall be served upon the | ||||||
| 23 | State.
| ||||||
| 24 | (b) The defendant must present a prima facie case that:
| ||||||
| 25 | (1) identity was the issue in the trial or guilty plea | ||||||
| 26 | which resulted in his or her
conviction; and
| ||||||
| |||||||
| |||||||
| 1 | (2) the evidence to be tested has been subject to a | ||||||
| 2 | chain of custody
sufficient to establish that it has not | ||||||
| 3 | been substituted, tampered with,
replaced, or altered in | ||||||
| 4 | any material aspect.
| ||||||
| 5 | (c) The trial court shall allow the testing under | ||||||
| 6 | reasonable conditions
designed to protect the State's | ||||||
| 7 | interests in the integrity of the evidence and
the testing | ||||||
| 8 | process upon a determination that:
| ||||||
| 9 | (1) the result of the testing has the scientific | ||||||
| 10 | potential to produce
new, noncumulative evidence (i) | ||||||
| 11 | materially relevant to the defendant's assertion of
actual | ||||||
| 12 | innocence when the defendant's conviction was the result of | ||||||
| 13 | a trial, even though the results may not completely | ||||||
| 14 | exonerate the
defendant, or (ii) that would raise a | ||||||
| 15 | reasonable probability that the defendant would have been | ||||||
| 16 | acquitted if the results of the evidence to be tested had | ||||||
| 17 | been available prior to the defendant's guilty plea and the | ||||||
| 18 | petitioner had proceeded to trial instead of pleading | ||||||
| 19 | guilty, even though the results may not completely | ||||||
| 20 | exonerate the defendant;
and
| ||||||
| 21 | (2) the testing requested employs a scientific method | ||||||
| 22 | generally accepted
within the relevant scientific | ||||||
| 23 | community.
| ||||||
| 24 | (d) If evidence previously tested pursuant to this Section | ||||||
| 25 | reveals an unknown fingerprint from the crime scene that does | ||||||
| 26 | not match the defendant or the victim, the order of the Court | ||||||
| |||||||
| |||||||
| 1 | shall direct the prosecuting authority to request the Illinois | ||||||
| 2 | State Police Bureau of Forensic Science to submit the unknown | ||||||
| 3 | fingerprint evidence into the FBI's Integrated Automated | ||||||
| 4 | Fingerprint Identification System (AIFIS) for identification.
| ||||||
| 5 | (e) In the court's order to allow testing, the court shall | ||||||
| 6 | order the investigating authority to prepare an inventory of
| ||||||
| 7 | the evidence related to the case and issue a copy of the
| ||||||
| 8 | inventory to the prosecution, the petitioner, and the court. | ||||||
| 9 | (f) When a motion is filed to vacate based on favorable
| ||||||
| 10 | post-conviction testing results, the State may, upon
request, | ||||||
| 11 | reactivate victim services for the victim of the
crime
during | ||||||
| 12 | the pendency of the proceedings, and, as determined by
the | ||||||
| 13 | court after consultation with the victim or victim
advocate, or | ||||||
| 14 | both, following final adjudication of the case. | ||||||
| 15 | (Source: P.A. 98-948, eff. 8-15-14.)
| ||||||
| 16 | (725 ILCS 5/116-4)
| ||||||
| 17 | Sec. 116-4. Preservation of evidence for forensic testing.
| ||||||
| 18 | (a) Before or after the trial in a prosecution for a | ||||||
| 19 | violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
| 20 | 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal | ||||||
| 21 | Code of 1961 or the Criminal Code of 2012 or in a prosecution | ||||||
| 22 | for an offense defined in Article 9
of
that Code,
or in a | ||||||
| 23 | prosecution for an attempt in violation of Section 8-4 of that | ||||||
| 24 | Code
of any of the above-enumerated
offenses, unless otherwise | ||||||
| 25 | provided herein under subsection (b) or (c), a law
enforcement | ||||||
| |||||||
| |||||||
| 1 | agency
or an agent acting on behalf of the law enforcement | ||||||
| 2 | agency shall
preserve, subject to a continuous chain of
| ||||||
| 3 | custody, any
physical evidence
in their possession or control | ||||||
| 4 | that is reasonably likely to contain forensic
evidence,
| ||||||
| 5 | including, but not limited to, fingerprints or biological | ||||||
| 6 | material
secured in relation to a trial and with sufficient
| ||||||
| 7 | documentation to locate
that evidence.
| ||||||
| 8 | (b) After a judgment of conviction is entered,
the evidence | ||||||
| 9 | shall
either be impounded
with the Clerk of the Circuit Court | ||||||
| 10 | or shall be securely retained by a law
enforcement agency.
| ||||||
| 11 | Retention shall be
permanent in cases where a sentence of death | ||||||
| 12 | is imposed. Retention shall be
until the
completion of the | ||||||
| 13 | sentence, including the period of mandatory supervised
release | ||||||
| 14 | for the
offense, or January 1, 2006, whichever is later, for | ||||||
| 15 | any conviction for an
offense or an attempt of an offense | ||||||
| 16 | defined
in Article 9 of the Criminal Code of 1961 or the | ||||||
| 17 | Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, | ||||||
| 18 | 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or
12-16 of the | ||||||
| 19 | Criminal Code of 1961 or the Criminal Code of 2012 or for 7 | ||||||
| 20 | years following any conviction for any other felony for which
| ||||||
| 21 | the
defendant's
genetic profile may be taken by a law | ||||||
| 22 | enforcement agency and submitted for
comparison in a forensic | ||||||
| 23 | DNA database for unsolved offenses.
| ||||||
| 24 | (c) After a judgment of conviction is entered, the
law
| ||||||
| 25 | enforcement agency
required to retain evidence described in | ||||||
| 26 | subsection
(a) may petition the court
with notice to the
| ||||||
| |||||||
| |||||||
| 1 | defendant or, in cases where the defendant has died, his | ||||||
| 2 | estate, his attorney
of record, or an attorney appointed for | ||||||
| 3 | that purpose by the court
for entry
of an order allowing it to | ||||||
| 4 | dispose of evidence if, after a
hearing, the court
determines | ||||||
| 5 | by a preponderance of the evidence that:
| ||||||
| 6 | (1) it has no significant value for forensic science | ||||||
| 7 | analysis and
should
be
returned to its rightful owner, | ||||||
| 8 | destroyed, used for training purposes, or as
otherwise | ||||||
| 9 | provided by law; or
| ||||||
| 10 | (2) it has no significant value for forensic science | ||||||
| 11 | analysis and is of
a size,
bulk, or physical character not | ||||||
| 12 | usually retained by the law enforcement
agency and cannot | ||||||
| 13 | practicably be retained by the law enforcement
agency; or
| ||||||
| 14 | (3) there no longer exists a reasonable basis to | ||||||
| 15 | require the
preservation of the
evidence because of the | ||||||
| 16 | death of the defendant; however, this paragraph (3)
does | ||||||
| 17 | not
apply if a sentence of death was imposed.
| ||||||
| 18 | (d) The court may order the disposition of the evidence if | ||||||
| 19 | the
defendant is allowed
the opportunity to take reasonable | ||||||
| 20 | measures to remove or preserve portions of
the evidence in
| ||||||
| 21 | question for future testing.
| ||||||
| 22 | (d-5) Any order allowing the disposition of evidence | ||||||
| 23 | pursuant to
subsection (c)
or (d)
shall be a final and | ||||||
| 24 | appealable order. No evidence shall be disposed of until
30 | ||||||
| 25 | days after
the order is entered, and if a notice of appeal is | ||||||
| 26 | filed, no evidence shall be
disposed of
until the mandate has | ||||||
| |||||||
| |||||||
| 1 | been received by the circuit court from the appellate
court.
| ||||||
| 2 | (d-10) All records documenting the possession,
control, | ||||||
| 3 | storage, and destruction of evidence and all police reports, | ||||||
| 4 | evidence
control or inventory records, and other reports cited | ||||||
| 5 | in this Section,
including computer records, must be
retained | ||||||
| 6 | for as
long as the evidence exists and may not be disposed of | ||||||
| 7 | without the approval of
the Local
Records Commission.
| ||||||
| 8 | (e) In this Section, "law enforcement agency"
includes any | ||||||
| 9 | of the following or an agent acting on behalf of any of the
| ||||||
| 10 | following:
a municipal police department, county sheriff's | ||||||
| 11 | office, any prosecuting
authority,
the Illinois Department of | ||||||
| 12 | State Police, or any other State, university, county,
federal, | ||||||
| 13 | or
municipal police
unit or police force.
| ||||||
| 14 | "Biological material" includes, but is not limited to, any | ||||||
| 15 | blood, hair,
saliva, or semen from which
genetic marker | ||||||
| 16 | groupings may be obtained.
| ||||||
| 17 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
| 18 | (725 ILCS 5/116-5)
| ||||||
| 19 | Sec. 116-5. Motion for DNA database search (genetic marker
| ||||||
| 20 | groupings comparison analysis).
| ||||||
| 21 | (a) Upon motion by a defendant
charged with any offense | ||||||
| 22 | where
DNA evidence may be material
to the defense investigation | ||||||
| 23 | or
relevant at trial, a court may
order a DNA database search
| ||||||
| 24 | by the Illinois Department of State Police. Such analysis may
| ||||||
| 25 | include comparing:
| ||||||
| |||||||
| |||||||
| 1 | (1) the genetic profile from forensic evidence that was | ||||||
| 2 | secured in
relation
to the trial against the genetic | ||||||
| 3 | profile of the defendant,
| ||||||
| 4 | (2) the genetic profile of items of forensic evidence | ||||||
| 5 | secured in relation
to
trial to the genetic profile of | ||||||
| 6 | other forensic evidence secured in
relation to trial, or
| ||||||
| 7 | (3) the genetic profiles referred to in subdivisions | ||||||
| 8 | (1) and (2) against:
| ||||||
| 9 | (i) genetic profiles of offenders maintained under | ||||||
| 10 | subsection
(f) of Section 5-4-3 of the Unified Code of | ||||||
| 11 | Corrections, or
| ||||||
| 12 | (ii) genetic profiles, including but not limited | ||||||
| 13 | to, profiles from
unsolved crimes maintained in state | ||||||
| 14 | or local DNA
databases by law enforcement agencies.
| ||||||
| 15 | (b) If appropriate federal criteria
are met, the court may | ||||||
| 16 | order the
Illinois Department of State Police to
request the | ||||||
| 17 | National DNA
index system to search its
database of genetic | ||||||
| 18 | profiles.
| ||||||
| 19 | (c) If requested by the defense, a
defense representative | ||||||
| 20 | shall be
allowed to view any genetic
marker grouping analysis
| ||||||
| 21 | conducted by the Illinois Department of State Police. The | ||||||
| 22 | defense
shall be provided with copies of
all documentation,
| ||||||
| 23 | correspondence, including
digital correspondence, notes,
| ||||||
| 24 | memoranda, and reports
generated in relation to the
analysis.
| ||||||
| 25 | (d) Reasonable notice of the
motion shall be served upon | ||||||
| 26 | the
State.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 93-605, eff. 11-19-03.)
| ||||||
| 2 | (725 ILCS 5/124B-605)
| ||||||
| 3 | Sec. 124B-605. Distribution of property and sale proceeds. | ||||||
| 4 | (a) All moneys and the sale proceeds of all other property | ||||||
| 5 | forfeited and seized under this Part 600 shall be distributed | ||||||
| 6 | as follows: | ||||||
| 7 | (1) 50% shall be distributed to the unit of local | ||||||
| 8 | government whose officers or employees conducted the | ||||||
| 9 | investigation into computer fraud and caused the arrest or | ||||||
| 10 | arrests and prosecution leading to the forfeiture. Amounts | ||||||
| 11 | distributed to units of local government shall be used for | ||||||
| 12 | training or enforcement purposes relating to detection, | ||||||
| 13 | investigation, or prosecution of financial crimes, | ||||||
| 14 | including computer fraud. If, however, the investigation, | ||||||
| 15 | arrest or arrests, and prosecution leading to the | ||||||
| 16 | forfeiture were undertaken solely by a State agency, the | ||||||
| 17 | portion provided under this paragraph (1) shall be paid | ||||||
| 18 | into the State Police Services Fund of the Illinois | ||||||
| 19 | Department of State Police to be used for training or | ||||||
| 20 | enforcement purposes relating to detection, investigation, | ||||||
| 21 | or prosecution of financial crimes, including computer | ||||||
| 22 | fraud. | ||||||
| 23 | (2) 50% shall be distributed to the county in which the | ||||||
| 24 | prosecution and petition for forfeiture resulting in the | ||||||
| 25 | forfeiture was instituted by the State's Attorney and shall | ||||||
| |||||||
| |||||||
| 1 | be deposited into a special fund in the county treasury and | ||||||
| 2 | appropriated to the State's Attorney for use in training or | ||||||
| 3 | enforcement purposes relating to detection, investigation, | ||||||
| 4 | or prosecution of financial crimes, including computer | ||||||
| 5 | fraud. If a prosecution and petition for forfeiture | ||||||
| 6 | resulting in the forfeiture has been maintained by the | ||||||
| 7 | Attorney General, 50% of the proceeds shall be paid into | ||||||
| 8 | the Attorney General's Financial Crime Prevention Fund. If | ||||||
| 9 | the Attorney General and the State's Attorney have | ||||||
| 10 | participated jointly in any part of the proceedings, 25% of | ||||||
| 11 | the proceeds forfeited shall be paid to the county in which | ||||||
| 12 | the prosecution and petition for forfeiture resulting in | ||||||
| 13 | the forfeiture occurred, and 25% shall be paid into the | ||||||
| 14 | Attorney General's Financial Crime Prevention Fund to be | ||||||
| 15 | used for the purposes stated in this paragraph (2). | ||||||
| 16 | (b) Before any distribution under subsection (a), the | ||||||
| 17 | Attorney General or State's Attorney shall retain from the | ||||||
| 18 | forfeited moneys or sale proceeds, or both, sufficient moneys | ||||||
| 19 | to cover expenses related to the administration and sale of the | ||||||
| 20 | forfeited property.
| ||||||
| 21 | (Source: P.A. 96-712, eff. 1-1-10.)
| ||||||
| 22 | (725 ILCS 5/124B-705)
| ||||||
| 23 | Sec. 124B-705. Seizure and inventory of property subject to | ||||||
| 24 | forfeiture. Property taken or detained under this Part shall | ||||||
| 25 | not be subject to
replevin, but is
deemed to be in the custody | ||||||
| |||||||
| |||||||
| 1 | of the Director of the Illinois State Police subject only to | ||||||
| 2 | the order and
judgments of the circuit
court having | ||||||
| 3 | jurisdiction over the forfeiture proceedings and the decisions | ||||||
| 4 | of
the Attorney General
or State's Attorney under this Article. | ||||||
| 5 | When property is seized under this
Article,
the
seizing agency | ||||||
| 6 | shall
promptly conduct an inventory of the seized property and | ||||||
| 7 | estimate the
property's
value and shall
forward a copy of the | ||||||
| 8 | estimate of the property's value to the Director of the | ||||||
| 9 | Illinois State
Police. Upon
receiving the notice
of seizure, | ||||||
| 10 | the
Director may do any of the following: | ||||||
| 11 | (1) Place the property under seal. | ||||||
| 12 | (2) Remove the property to a place designated by the | ||||||
| 13 | Director. | ||||||
| 14 | (3) Keep the property in the possession of the seizing | ||||||
| 15 | agency. | ||||||
| 16 | (4) Remove the property to a storage area for | ||||||
| 17 | safekeeping or, if the
property is
a negotiable instrument | ||||||
| 18 | or money and is not needed for evidentiary purposes,
| ||||||
| 19 | deposit it in an interest
bearing account. | ||||||
| 20 | (5) Place the property under constructive seizure by | ||||||
| 21 | posting notice of
the pending
forfeiture on it, by giving | ||||||
| 22 | notice of the pending forfeiture to its owners and
interest | ||||||
| 23 | holders, or by filing
a notice of the pending forfeiture in | ||||||
| 24 | any appropriate public record relating to
the
property. | ||||||
| 25 | (6) Provide for another agency or custodian, including | ||||||
| 26 | an owner,
secured party,
or lienholder, to take custody of | ||||||
| |||||||
| |||||||
| 1 | the property on terms and conditions
set
by the Director.
| ||||||
| 2 | (Source: P.A. 96-712, eff. 1-1-10.)
| ||||||
| 3 | (725 ILCS 5/124B-710) | ||||||
| 4 | Sec. 124B-710. Sale of forfeited property by Director of | ||||||
| 5 | the Illinois State Police. | ||||||
| 6 | (a) The court shall authorize the Director of the Illinois | ||||||
| 7 | State Police to seize any property declared forfeited under | ||||||
| 8 | this Article on terms and conditions the court deems proper. | ||||||
| 9 | (b) When property is forfeited under this Part 700, the | ||||||
| 10 | Director of the Illinois State Police shall sell the property | ||||||
| 11 | unless the property is required by law to be destroyed or is | ||||||
| 12 | harmful to the public. The Director shall distribute the | ||||||
| 13 | proceeds of the sale, together with any moneys forfeited or | ||||||
| 14 | seized, in accordance with Section 124B-715. | ||||||
| 15 | (c) (Blank).
| ||||||
| 16 | (Source: P.A. 100-512, eff. 7-1-18.)
| ||||||
| 17 | (725 ILCS 5/124B-930) | ||||||
| 18 | Sec. 124B-930. Disposal of property. | ||||||
| 19 | (a) Real property taken or detained under this Part is not | ||||||
| 20 | subject to replevin, but is deemed to be in the custody of the | ||||||
| 21 | Director of the Illinois State Police subject only to the order | ||||||
| 22 | and judgments of the circuit court having jurisdiction over the | ||||||
| 23 | forfeiture proceedings and the decisions of the State's | ||||||
| 24 | Attorney or Attorney General under this Article. | ||||||
| |||||||
| |||||||
| 1 | (b) When property is forfeited under this Article, the | ||||||
| 2 | Director of the Illinois State Police shall sell all such | ||||||
| 3 | property and shall distribute the proceeds of the sale, | ||||||
| 4 | together with any moneys forfeited or seized, in accordance | ||||||
| 5 | with Section 124B-935.
| ||||||
| 6 | (Source: P.A. 96-712, eff. 1-1-10.)
| ||||||
| 7 | (725 ILCS 5/124B-935)
| ||||||
| 8 | Sec. 124B-935. Distribution of property and sale proceeds. | ||||||
| 9 | All moneys and the sale proceeds of all other property | ||||||
| 10 | forfeited and seized under this Part 900 shall be distributed | ||||||
| 11 | as follows: | ||||||
| 12 | (1) 65% shall be distributed to the local, municipal, | ||||||
| 13 | county, or State law enforcement agency or agencies that | ||||||
| 14 | conducted or participated in the investigation resulting | ||||||
| 15 | in the forfeiture. The distribution shall bear a reasonable | ||||||
| 16 | relationship to the degree of direct participation of the | ||||||
| 17 | law enforcement agency in the effort resulting in the | ||||||
| 18 | forfeiture, taking into account the total value of the | ||||||
| 19 | property forfeited and the total law enforcement effort | ||||||
| 20 | with respect to the violation of the law upon which the | ||||||
| 21 | forfeiture is based. | ||||||
| 22 | (2) 12.5% shall be distributed to the Office of the | ||||||
| 23 | State's Attorney of the county in which the prosecution | ||||||
| 24 | resulting in the forfeiture was instituted for use in the | ||||||
| 25 | enforcement of laws, including laws governing animal | ||||||
| |||||||
| |||||||
| 1 | fighting. | ||||||
| 2 | (3) 12.5% shall be distributed to the Illinois | ||||||
| 3 | Department of Agriculture for reimbursement of expenses | ||||||
| 4 | incurred in the investigation, prosecution, and appeal of | ||||||
| 5 | cases arising under laws governing animal fighting. | ||||||
| 6 | (4) 10% shall be retained by the Illinois Department of | ||||||
| 7 | State Police for expenses related to the administration and | ||||||
| 8 | sale of seized and forfeited property.
| ||||||
| 9 | (Source: P.A. 96-712, eff. 1-1-10.)
| ||||||
| 10 | Section 1025. The Drug Asset Forfeiture Procedure Act is | ||||||
| 11 | amended by changing Sections 3.1, 3.3, 4, 5.1, 6, 11, 13.1, and | ||||||
| 12 | 13.2 as follows:
| ||||||
| 13 | (725 ILCS 150/3.1) | ||||||
| 14 | Sec. 3.1. Seizure. | ||||||
| 15 | (a) Actual physical seizure of real property subject to | ||||||
| 16 | forfeiture under this Act requires the issuance of a seizure | ||||||
| 17 | warrant. Nothing in this Section prohibits the constructive | ||||||
| 18 | seizure of real property through the filing of a complaint for | ||||||
| 19 | forfeiture in circuit court and the recording of a lis pendens | ||||||
| 20 | against the real property without a hearing, warrant | ||||||
| 21 | application, or judicial approval. | ||||||
| 22 | (b) Personal property subject to forfeiture under the | ||||||
| 23 | Illinois Controlled Substances Act, the Cannabis Control Act, | ||||||
| 24 | the Illinois Food, Drug and Cosmetic Act, or the | ||||||
| |||||||
| |||||||
| 1 | Methamphetamine Control and Community Protection Act may be | ||||||
| 2 | seized by the Director of the Illinois State Police or any | ||||||
| 3 | peace officer upon process or seizure warrant issued by any | ||||||
| 4 | court having jurisdiction over the property. | ||||||
| 5 | (c) Personal property subject to forfeiture under the | ||||||
| 6 | Illinois Controlled Substances Act, the Cannabis Control Act, | ||||||
| 7 | the Illinois Food, Drug and Cosmetic Act, or the | ||||||
| 8 | Methamphetamine Control and Community Protection Act may be | ||||||
| 9 | seized by the Director of the Illinois State Police or any | ||||||
| 10 | peace officer without process: | ||||||
| 11 | (1) if the seizure is incident to inspection under an | ||||||
| 12 | administrative inspection warrant; | ||||||
| 13 | (2) if the property subject to seizure has been the | ||||||
| 14 | subject of a prior judgment in favor of the State in a | ||||||
| 15 | criminal proceeding or in an injunction or forfeiture | ||||||
| 16 | proceeding based upon this Act; | ||||||
| 17 | (3) if there is probable cause to believe that the | ||||||
| 18 | property is directly or indirectly dangerous to health or | ||||||
| 19 | safety; | ||||||
| 20 | (4) if there is probable cause to believe that the | ||||||
| 21 | property is subject to forfeiture under the Illinois | ||||||
| 22 | Controlled Substances Act, the Cannabis Control Act, the | ||||||
| 23 | Illinois Food, Drug and Cosmetic Act, or the | ||||||
| 24 | Methamphetamine Control and Community Protection Act, and | ||||||
| 25 | the property is seized under circumstances in which a | ||||||
| 26 | warrantless seizure or arrest would be reasonable; or | ||||||
| |||||||
| |||||||
| 1 | (5) under the Code of Criminal Procedure of 1963. | ||||||
| 2 | (d) If a conveyance is seized under this Act, an | ||||||
| 3 | investigation shall be made by the law enforcement agency as to | ||||||
| 4 | any person whose right, title, interest, or lien is of record | ||||||
| 5 | in the office of the agency or official in which title to or | ||||||
| 6 | interest in the conveyance is required by law to be recorded. | ||||||
| 7 | (e) After seizure under this Section, notice shall be given | ||||||
| 8 | to all known interest holders that forfeiture proceedings, | ||||||
| 9 | including a preliminary review, may be instituted and the | ||||||
| 10 | proceedings may be instituted under this Act. Upon a showing of | ||||||
| 11 | good cause related to an ongoing investigation, the notice | ||||||
| 12 | required for a preliminary review under this Section may be | ||||||
| 13 | postponed.
| ||||||
| 14 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
| ||||||
| 15 | (725 ILCS 150/3.3) | ||||||
| 16 | Sec. 3.3. Safekeeping of seized property pending | ||||||
| 17 | disposition. | ||||||
| 18 | (a) Property seized under this Act is deemed to be in the | ||||||
| 19 | custody of the Director of the Illinois State Police, subject | ||||||
| 20 | only to the order and judgments of the circuit court having | ||||||
| 21 | jurisdiction over the forfeiture proceedings and the decisions | ||||||
| 22 | of the State's Attorney under this Act. | ||||||
| 23 | (b) If property is seized under this Act, the seizing | ||||||
| 24 | agency shall promptly conduct an inventory of the seized | ||||||
| 25 | property and estimate the property's value and shall forward a | ||||||
| |||||||
| |||||||
| 1 | copy of the inventory of seized property and the estimate of | ||||||
| 2 | the property's value to the Director of the Illinois State | ||||||
| 3 | Police. Upon receiving notice of seizure, the Director of the | ||||||
| 4 | Illinois State Police may: | ||||||
| 5 | (1) place the property under seal; | ||||||
| 6 | (2) remove the property to a place designated by the | ||||||
| 7 | seizing agency; | ||||||
| 8 | (3) keep the property in the possession of the Director | ||||||
| 9 | of the Illinois State Police; | ||||||
| 10 | (4) remove the property to a storage area for | ||||||
| 11 | safekeeping; | ||||||
| 12 | (5) place the property under constructive seizure by | ||||||
| 13 | posting notice of pending forfeiture on it, by giving | ||||||
| 14 | notice of pending forfeiture to its owners and interest | ||||||
| 15 | holders, or by filing notice of pending forfeiture in any | ||||||
| 16 | appropriate public record relating to the property; or | ||||||
| 17 | (6) provide for another agency or custodian, including | ||||||
| 18 | an owner, secured party, or lienholder, to take custody of | ||||||
| 19 | the property upon the terms and conditions set by the | ||||||
| 20 | seizing agency. | ||||||
| 21 | (c) The seizing agency is required to exercise ordinary | ||||||
| 22 | care to protect the seized property from negligent loss, | ||||||
| 23 | damage, or destruction.
| ||||||
| 24 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; | ||||||
| 25 | 100-1163, eff. 12-20-18.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 150/4) (from Ch. 56 1/2, par. 1674)
| ||||||
| 2 | Sec. 4. Notice to owner or interest holder. The first | ||||||
| 3 | attempted service of notice shall be commenced within 28 days | ||||||
| 4 | of the filing of the verified claim or the receipt of the | ||||||
| 5 | notice from the seizing agency by Illinois State Police | ||||||
| 6 | Notice/Inventory of Seized Property (Form 4-64), whichever | ||||||
| 7 | occurs sooner. A complaint for forfeiture or a notice of | ||||||
| 8 | pending forfeiture shall be served upon the property owner or | ||||||
| 9 | interest holder in the following manner: | ||||||
| 10 | (1) If the owner's or interest holder's name and | ||||||
| 11 | current address are known, then by either: | ||||||
| 12 | (A) personal service; or | ||||||
| 13 | (B) mailing a copy of the notice by certified mail, | ||||||
| 14 | return receipt requested, and first class mail to that | ||||||
| 15 | address. | ||||||
| 16 | (i) If notice is sent by certified mail and no | ||||||
| 17 | signed return receipt is received by the State's | ||||||
| 18 | Attorney within 28 days of mailing, and no | ||||||
| 19 | communication from the owner or interest holder is | ||||||
| 20 | received by the State's Attorney documenting | ||||||
| 21 | actual notice by said parties, then the State's | ||||||
| 22 | Attorney shall, within a reasonable period of | ||||||
| 23 | time, mail a second copy of the notice by certified | ||||||
| 24 | mail, return receipt requested, and first class | ||||||
| 25 | mail to that address. | ||||||
| 26 | (ii) If no signed return receipt is received by | ||||||
| |||||||
| |||||||
| 1 | the State's Attorney within 28 days of the second | ||||||
| 2 | attempt at service by certified mail, and no | ||||||
| 3 | communication from the owner or interest holder is | ||||||
| 4 | received by the State's Attorney documenting | ||||||
| 5 | actual notice by said parties, then the State's | ||||||
| 6 | Attorney shall have 60 days to attempt to serve the | ||||||
| 7 | notice by personal service, which also includes | ||||||
| 8 | substitute service by leaving a copy at the usual | ||||||
| 9 | place of abode, with some person of the family or a | ||||||
| 10 | person residing there, of the age of 13 years or | ||||||
| 11 | upwards. If, after 3 attempts at service in this | ||||||
| 12 | manner, no service of the notice is accomplished, | ||||||
| 13 | then the notice shall be posted in a conspicuous | ||||||
| 14 | manner at this address and service shall be made by | ||||||
| 15 | posting. | ||||||
| 16 | The attempts at service and the posting, if | ||||||
| 17 | required, shall be documented by the person | ||||||
| 18 | attempting service and said documentation shall be | ||||||
| 19 | made part of a return of service returned to the | ||||||
| 20 | State's Attorney. | ||||||
| 21 | The State's Attorney may utilize any Sheriff | ||||||
| 22 | or Deputy Sheriff, any peace officer, a private | ||||||
| 23 | process server or investigator, or any employee, | ||||||
| 24 | agent, or investigator of the State's Attorney's | ||||||
| 25 | Office to attempt service without seeking leave of | ||||||
| 26 | court. | ||||||
| |||||||
| |||||||
| 1 | After the procedures set forth are followed, | ||||||
| 2 | service shall be effective on an owner or interest | ||||||
| 3 | holder on the date of receipt by the State's | ||||||
| 4 | Attorney of a return receipt, or on the date of | ||||||
| 5 | receipt of a communication from an owner or | ||||||
| 6 | interest holder documenting actual notice, | ||||||
| 7 | whichever is first in time, or on the date of the | ||||||
| 8 | last act performed by the State's Attorney in | ||||||
| 9 | attempting personal service under subparagraph | ||||||
| 10 | (ii) above. If notice is to be shown by actual | ||||||
| 11 | notice from communication with a claimant, then | ||||||
| 12 | the State's Attorney shall file an affidavit | ||||||
| 13 | providing details of the communication, which may | ||||||
| 14 | be accepted as sufficient proof of service by the | ||||||
| 15 | court. | ||||||
| 16 | After a claimant files a verified claim with | ||||||
| 17 | the State's Attorney and provides an address at | ||||||
| 18 | which the claimant will accept service, the | ||||||
| 19 | complaint shall be served and notice shall be | ||||||
| 20 | perfected upon mailing of the complaint to the | ||||||
| 21 | claimant at the address the claimant provided via | ||||||
| 22 | certified mail, return receipt requested, and | ||||||
| 23 | first class mail. No return receipt need be | ||||||
| 24 | received, or any other attempts at service need be | ||||||
| 25 | made to comply with service and notice | ||||||
| 26 | requirements under this Act. This certified | ||||||
| |||||||
| |||||||
| 1 | mailing, return receipt requested, shall be proof | ||||||
| 2 | of service of the complaint on the claimant. | ||||||
| 3 | For purposes of notice under this Section, if a | ||||||
| 4 | person has been arrested for the conduct giving | ||||||
| 5 | rise to the forfeiture, then the address provided | ||||||
| 6 | to the arresting agency at the time of arrest shall | ||||||
| 7 | be deemed to be that person's known address. | ||||||
| 8 | Provided, however, if an owner or interest | ||||||
| 9 | holder's address changes prior to the effective | ||||||
| 10 | date of the notice of pending forfeiture, the owner | ||||||
| 11 | or interest holder shall promptly notify the | ||||||
| 12 | seizing agency of the change in address or, if the | ||||||
| 13 | owner or interest holder's address changes | ||||||
| 14 | subsequent to the effective date of the notice of | ||||||
| 15 | pending forfeiture, the owner or interest holder | ||||||
| 16 | shall promptly notify the State's Attorney of the | ||||||
| 17 | change in address; or if the property seized is a | ||||||
| 18 | conveyance, to the address reflected in the office | ||||||
| 19 | of the agency or official in which title to or | ||||||
| 20 | interest in the conveyance is required by law to be | ||||||
| 21 | recorded. | ||||||
| 22 | (2) If the owner's or interest holder's address is not | ||||||
| 23 | known, and is not on record, then notice shall be served by | ||||||
| 24 | publication for 3 successive weeks in a newspaper of | ||||||
| 25 | general circulation in the county in which the seizure | ||||||
| 26 | occurred. | ||||||
| |||||||
| |||||||
| 1 | (3) After a claimant files a verified claim with the | ||||||
| 2 | State's Attorney and provides an address at which the | ||||||
| 3 | claimant will accept service, the complaint shall be served | ||||||
| 4 | and notice shall be perfected upon mailing of the complaint | ||||||
| 5 | to the claimant at the address the claimant provided via | ||||||
| 6 | certified mail, return receipt requested, and first class | ||||||
| 7 | mail. No return receipt need be received or any other | ||||||
| 8 | attempts at service need be made to comply with service and | ||||||
| 9 | notice requirements under this Act. This certified | ||||||
| 10 | mailing, return receipt requested, shall be proof of | ||||||
| 11 | service of the complaint on the claimant. | ||||||
| 12 | (4) Notice to any business entity, corporation, | ||||||
| 13 | limited liability company, limited liability partnership, | ||||||
| 14 | or partnership shall be completed by a single mailing of a | ||||||
| 15 | copy of the notice by certified mail, return receipt | ||||||
| 16 | requested, and first class mail to that address. This | ||||||
| 17 | notice is complete regardless of the return of a signed | ||||||
| 18 | return receipt. | ||||||
| 19 | (5) Notice to a person whose address is not within the | ||||||
| 20 | State shall be completed by a single mailing of a copy of | ||||||
| 21 | the notice by certified mail, return receipt requested, and | ||||||
| 22 | first class mail to that address. This notice is complete | ||||||
| 23 | regardless of the return of a signed return receipt. | ||||||
| 24 | (6) Notice to a person whose address is not within the | ||||||
| 25 | United States shall be completed by a single mailing of a | ||||||
| 26 | copy of the notice by certified mail, return receipt | ||||||
| |||||||
| |||||||
| 1 | requested, and first class mail to that address. This | ||||||
| 2 | notice shall be complete regardless of the return of a | ||||||
| 3 | signed return receipt. If certified mail is not available | ||||||
| 4 | in the foreign country where the person has an address, | ||||||
| 5 | then notice shall proceed by publication under paragraph | ||||||
| 6 | (2) of this Section. | ||||||
| 7 | (7) Notice to any person whom the State's Attorney | ||||||
| 8 | reasonably should know is incarcerated within the State | ||||||
| 9 | shall also include the mailing a copy of the notice by | ||||||
| 10 | certified mail, return receipt requested, and first class | ||||||
| 11 | mail to the address of the detention facility with the | ||||||
| 12 | inmate's name clearly marked on the envelope.
| ||||||
| 13 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; | ||||||
| 14 | 100-1163, eff. 12-20-18.)
| ||||||
| 15 | (725 ILCS 150/5.1) | ||||||
| 16 | Sec. 5.1. Replevin prohibited; return of personal property | ||||||
| 17 | inside seized conveyance. | ||||||
| 18 | (a) Property seized under this Act shall not be subject to | ||||||
| 19 | replevin, but is deemed to be in the custody of the Director of | ||||||
| 20 | the Illinois State Police, subject only to the order and | ||||||
| 21 | judgments of the circuit court having jurisdiction over the | ||||||
| 22 | forfeiture proceedings and the decisions of the State's | ||||||
| 23 | Attorney. | ||||||
| 24 | (b) A claimant or a party interested in personal property | ||||||
| 25 | contained within a seized conveyance may file a request with | ||||||
| |||||||
| |||||||
| 1 | the State's Attorney in an administrative forfeiture action, or | ||||||
| 2 | a motion with the court in a judicial forfeiture action, for | ||||||
| 3 | the return of any personal property contained within a | ||||||
| 4 | conveyance seized under this Act. The return of personal | ||||||
| 5 | property shall not be unreasonably withheld if the personal | ||||||
| 6 | property is not mechanically or electrically coupled to the | ||||||
| 7 | conveyance, needed for evidentiary purposes, or otherwise | ||||||
| 8 | contraband. A law enforcement agency that returns property | ||||||
| 9 | under a court order under this Section shall not be liable to | ||||||
| 10 | any person who claims ownership to the property if the property | ||||||
| 11 | is returned to an improper party.
| ||||||
| 12 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
| ||||||
| 13 | (725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
| ||||||
| 14 | Sec. 6. Non-judicial forfeiture. If non-real property that | ||||||
| 15 | exceeds $150,000
in value excluding the value of any | ||||||
| 16 | conveyance, or if real property
is seized under the provisions | ||||||
| 17 | of the Illinois Controlled Substances Act,
the Cannabis Control | ||||||
| 18 | Act, or the Methamphetamine Control and Community Protection | ||||||
| 19 | Act, the State's Attorney shall institute judicial in
rem | ||||||
| 20 | forfeiture proceedings as described in Section 9 of this Act | ||||||
| 21 | within 28
days from receipt of notice of seizure from the | ||||||
| 22 | seizing agency under
Section 5 of this Act. However, if | ||||||
| 23 | non-real property that does not exceed
$150,000 in value | ||||||
| 24 | excluding the value of any conveyance is seized, the
following | ||||||
| 25 | procedure shall be used:
| ||||||
| |||||||
| |||||||
| 1 | (A) If, after review of the facts surrounding the | ||||||
| 2 | seizure, the State's
Attorney is of the opinion that the | ||||||
| 3 | seized property is subject to
forfeiture, then, within 28 | ||||||
| 4 | days of the receipt of notice of seizure from the
seizing | ||||||
| 5 | agency, the State's Attorney shall cause notice of pending
| ||||||
| 6 | forfeiture to be given to the owner of the property and all | ||||||
| 7 | known interest
holders of the property in accordance with | ||||||
| 8 | Section 4 of this Act.
| ||||||
| 9 | (B) The notice of pending forfeiture must include a | ||||||
| 10 | description of the
property, the estimated value of the | ||||||
| 11 | property, the date and place of
seizure, the conduct giving | ||||||
| 12 | rise to forfeiture or the violation of law
alleged, and a | ||||||
| 13 | summary of procedures and procedural rights applicable to
| ||||||
| 14 | the forfeiture action.
| ||||||
| 15 |
(C)(1) Any person claiming an interest in property | ||||||
| 16 | which is the
subject of notice under subsection (A) of this | ||||||
| 17 | Section may,
within 45 days after the effective date of | ||||||
| 18 | notice as described in Section 4
of this Act, file a | ||||||
| 19 | verified claim with the State's Attorney expressing his
or | ||||||
| 20 | her interest in the property. The claim must set forth:
| ||||||
| 21 | (i) the caption of the proceedings as set forth on | ||||||
| 22 | the notice of
pending forfeiture and the name of the | ||||||
| 23 | claimant;
| ||||||
| 24 | (ii) the address at which the claimant will accept | ||||||
| 25 | mail;
| ||||||
| 26 | (iii) the nature and extent of the claimant's | ||||||
| |||||||
| |||||||
| 1 | interest in the property;
| ||||||
| 2 | (iv) the date, identity of the transferor, and | ||||||
| 3 | circumstances of the
claimant's acquisition of the | ||||||
| 4 | interest in the property;
| ||||||
| 5 | (v) the names and addresses of all other persons | ||||||
| 6 | known to have an
interest in the property;
| ||||||
| 7 | (vi) the specific provision of law relied on in | ||||||
| 8 | asserting the property
is not subject to forfeiture;
| ||||||
| 9 | (vii) all essential facts supporting each | ||||||
| 10 | assertion; and
| ||||||
| 11 | (viii) the relief sought.
| ||||||
| 12 | (2) If a claimant files the claim then the State's | ||||||
| 13 | Attorney
shall institute judicial in rem forfeiture | ||||||
| 14 | proceedings
within 28 days after receipt of the claim.
| ||||||
| 15 | (D) If no claim is filed within the 45-day period as
| ||||||
| 16 | described in subsection (C) of this Section, the State's | ||||||
| 17 | Attorney
shall declare the property forfeited and shall | ||||||
| 18 | promptly notify the
owner and all known interest holders of | ||||||
| 19 | the property and the Director of the
Illinois Department of | ||||||
| 20 | State Police of the declaration of forfeiture and
the | ||||||
| 21 | Director shall dispose of the property in accordance with | ||||||
| 22 | law.
| ||||||
| 23 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; | ||||||
| 24 | 100-1163, eff. 12-20-18.)
| ||||||
| 25 | (725 ILCS 150/11) (from Ch. 56 1/2, par. 1681)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 11. Settlement of claims. Notwithstanding other | ||||||
| 2 | provisions of
this Act, the State's Attorney and a claimant of | ||||||
| 3 | seized property may enter
into an agreed-upon settlement | ||||||
| 4 | concerning the seized property in such an
amount and upon such | ||||||
| 5 | terms as are set out in writing in a settlement agreement. All | ||||||
| 6 | proceeds from a settlement agreement shall be tendered to the | ||||||
| 7 | Illinois Department of State Police and distributed in | ||||||
| 8 | accordance with the provisions of Section 13.2 of this Act.
| ||||||
| 9 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
| ||||||
| 10 | (725 ILCS 150/13.1) (was 725 ILCS 150/15) | ||||||
| 11 | Sec. 13.1. Return of property, damages, and costs. | ||||||
| 12 | (a) The law enforcement agency that holds custody of | ||||||
| 13 | property seized for forfeiture shall deliver property ordered | ||||||
| 14 | by the court to be returned or conveyed to the claimant within | ||||||
| 15 | a reasonable time not to exceed 7 days, unless the order is | ||||||
| 16 | stayed by the trial court or a reviewing court pending an | ||||||
| 17 | appeal, motion to reconsider, or other reason. | ||||||
| 18 | (b) The law enforcement agency that holds custody of | ||||||
| 19 | property described in subsection (a) of this Section is | ||||||
| 20 | responsible for any damages, storage fees, and related costs | ||||||
| 21 | applicable to property returned. The claimant shall not be | ||||||
| 22 | subject to any charges by the State for storage of the property | ||||||
| 23 | or expenses incurred in the preservation of the property. | ||||||
| 24 | Charges for the towing of a conveyance shall be borne by the | ||||||
| 25 | claimant unless the conveyance was towed for the sole reason of | ||||||
| |||||||
| |||||||
| 1 | seizure for forfeiture. This Section does not prohibit the | ||||||
| 2 | imposition of any fees or costs by a home rule unit of local | ||||||
| 3 | government related to the impoundment of a conveyance pursuant | ||||||
| 4 | to an ordinance enacted by the unit of government. | ||||||
| 5 | (c) A law enforcement agency shall not retain forfeited | ||||||
| 6 | property for its own use or transfer the property to any person | ||||||
| 7 | or entity, except as provided under this Section. A law | ||||||
| 8 | enforcement agency may apply in writing to the Director of the | ||||||
| 9 | Illinois State Police to request that forfeited property be | ||||||
| 10 | awarded to the agency for a specifically articulated official | ||||||
| 11 | law enforcement use in an investigation. The Director of the | ||||||
| 12 | Illinois State Police shall provide a written justification in | ||||||
| 13 | each instance detailing the reasons why the forfeited property | ||||||
| 14 | was placed into official use and the justification shall be | ||||||
| 15 | retained for a period of not less than 3 years.
| ||||||
| 16 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
| ||||||
| 17 | (725 ILCS 150/13.2) (was 725 ILCS 150/17) | ||||||
| 18 | Sec. 13.2. Distribution of proceeds; selling or retaining | ||||||
| 19 | seized property prohibited. | ||||||
| 20 | (a) Except as otherwise provided in this Section, the court | ||||||
| 21 | shall order that property forfeited under this Act be delivered | ||||||
| 22 | to the Illinois Department of State Police within 60 days. | ||||||
| 23 | (b) All moneys and the sale proceeds of all other property | ||||||
| 24 | forfeited and seized under this Act shall be distributed as | ||||||
| 25 | follows: | ||||||
| |||||||
| |||||||
| 1 | (1)(i) 65% shall be distributed to the metropolitan | ||||||
| 2 | enforcement group, local, municipal, county, or State law | ||||||
| 3 | enforcement agency or agencies that conducted or | ||||||
| 4 | participated in the investigation resulting in the | ||||||
| 5 | forfeiture. The distribution shall bear a reasonable | ||||||
| 6 | relationship to the degree of direct participation of the | ||||||
| 7 | law enforcement agency in the effort resulting in the | ||||||
| 8 | forfeiture, taking into account the total value of the | ||||||
| 9 | property forfeited and the total law enforcement effort | ||||||
| 10 | with respect to the violation of the law upon which the | ||||||
| 11 | forfeiture is based. Amounts distributed to the agency or | ||||||
| 12 | agencies shall be used for the enforcement of laws | ||||||
| 13 | governing cannabis and controlled substances; for public | ||||||
| 14 | education in the community or schools in the prevention or | ||||||
| 15 | detection of the abuse of drugs or alcohol; or for security | ||||||
| 16 | cameras used for the prevention or detection of violence, | ||||||
| 17 | except that amounts distributed to the Secretary of State | ||||||
| 18 | shall be deposited into the Secretary of State Evidence | ||||||
| 19 | Fund to be used as provided in Section 2-115 of the | ||||||
| 20 | Illinois Vehicle Code. | ||||||
| 21 | (ii) Any local, municipal, or county law enforcement | ||||||
| 22 | agency entitled to receive a monetary distribution of | ||||||
| 23 | forfeiture proceeds may share those forfeiture proceeds | ||||||
| 24 | pursuant to the terms of an intergovernmental agreement | ||||||
| 25 | with a municipality that has a population in excess of | ||||||
| 26 | 20,000 if: | ||||||
| |||||||
| |||||||
| 1 | (A) the receiving agency has entered into an | ||||||
| 2 | intergovernmental agreement with the municipality to | ||||||
| 3 | provide police services; | ||||||
| 4 | (B) the intergovernmental agreement for police | ||||||
| 5 | services provides for consideration in an amount of not | ||||||
| 6 | less than $1,000,000 per year; | ||||||
| 7 | (C) the seizure took place within the geographical | ||||||
| 8 | limits of the municipality; and | ||||||
| 9 | (D) the funds are used only for the enforcement of | ||||||
| 10 | laws governing cannabis and controlled substances; for | ||||||
| 11 | public education in the community or schools in the | ||||||
| 12 | prevention or detection of the abuse of drugs or | ||||||
| 13 | alcohol; or for security cameras used for the | ||||||
| 14 | prevention or detection of violence or the | ||||||
| 15 | establishment of a municipal police force, including | ||||||
| 16 | the training of officers, construction of a police | ||||||
| 17 | station, or the purchase of law enforcement equipment | ||||||
| 18 | or vehicles. | ||||||
| 19 | (2)(i) 12.5% shall be distributed to the Office of the | ||||||
| 20 | State's Attorney of the county in which the prosecution | ||||||
| 21 | resulting in the forfeiture was instituted, deposited in a | ||||||
| 22 | special fund in the county treasury and appropriated to the | ||||||
| 23 | State's Attorney for use in the enforcement of laws | ||||||
| 24 | governing cannabis and controlled substances; for public | ||||||
| 25 | education in the community or schools in the prevention or | ||||||
| 26 | detection of the abuse of drugs or alcohol; or, at the | ||||||
| |||||||
| |||||||
| 1 | discretion of the State's Attorney, in addition to other | ||||||
| 2 | authorized purposes, to make grants to local substance | ||||||
| 3 | abuse treatment facilities and half-way houses. In | ||||||
| 4 | counties over 3,000,000 population, 25% shall be | ||||||
| 5 | distributed to the Office of the State's Attorney for use | ||||||
| 6 | in the enforcement of laws governing cannabis and | ||||||
| 7 | controlled substances; for public education in the | ||||||
| 8 | community or schools in the prevention or detection of the | ||||||
| 9 | abuse of drugs or alcohol; or at the discretion of the | ||||||
| 10 | State's Attorney, in addition to other authorized | ||||||
| 11 | purposes, to make grants to local substance abuse treatment | ||||||
| 12 | facilities and half-way houses. If the prosecution is | ||||||
| 13 | undertaken solely by the Attorney General, the portion | ||||||
| 14 | provided shall be distributed to the Attorney General for | ||||||
| 15 | use in the enforcement of laws governing cannabis and | ||||||
| 16 | controlled substances or for public education in the | ||||||
| 17 | community or schools in the prevention or detection of the | ||||||
| 18 | abuse of drugs or alcohol. | ||||||
| 19 | (ii) 12.5% shall be distributed to the Office of the | ||||||
| 20 | State's Attorneys Appellate Prosecutor and deposited in | ||||||
| 21 | the Narcotics Profit Forfeiture Fund of that office to be | ||||||
| 22 | used for additional expenses incurred in the | ||||||
| 23 | investigation, prosecution and appeal of cases arising | ||||||
| 24 | under laws governing cannabis and controlled substances, | ||||||
| 25 | together with administrative expenses, and for legal | ||||||
| 26 | education or for public education in the community or | ||||||
| |||||||
| |||||||
| 1 | schools in the prevention or detection of the abuse of | ||||||
| 2 | drugs or alcohol. The Office of the State's Attorneys | ||||||
| 3 | Appellate Prosecutor shall not receive distribution from | ||||||
| 4 | cases brought in counties with over 3,000,000 population. | ||||||
| 5 | (3) 10% shall be retained by the Illinois Department of | ||||||
| 6 | State Police for expenses related to the administration and | ||||||
| 7 | sale of seized and forfeited property.
| ||||||
| 8 | (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18; | ||||||
| 9 | 101-10, eff. 6-5-19.)
| ||||||
| 10 | Section 1030. The Narcotics Profit Forfeiture Act is | ||||||
| 11 | amended by changing Sections 5 and 5.2 as follows:
| ||||||
| 12 | (725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)
| ||||||
| 13 | Sec. 5.
(a) A person who commits the offense of narcotics | ||||||
| 14 | racketeering
shall:
| ||||||
| 15 | (1) be guilty of a Class 1 felony; and
| ||||||
| 16 | (2) be subject to a fine of up to $250,000.
| ||||||
| 17 | A person who commits the offense of narcotics racketeering | ||||||
| 18 | or
who violates Section 3 of the Drug Paraphernalia Control Act | ||||||
| 19 | shall forfeit
to the State of Illinois: (A) any profits or | ||||||
| 20 | proceeds and any property or
property interest he has acquired | ||||||
| 21 | or maintained in violation of this Act or
Section 3 of the Drug | ||||||
| 22 | Paraphernalia Control Act or has used to facilitate a
violation | ||||||
| 23 | of this Act that the court determines, after a forfeiture
| ||||||
| 24 | hearing, under subsection (b) of this Section to have been | ||||||
| |||||||
| |||||||
| 1 | acquired or
maintained as a result of narcotics racketeering or | ||||||
| 2 | violating Section 3 of
the Drug Paraphernalia Control Act, or | ||||||
| 3 | used to facilitate narcotics
racketeering; and (B) any interest | ||||||
| 4 | in, security of, claim against, or
property or contractual | ||||||
| 5 | right of any kind affording a source of influence
over, any | ||||||
| 6 | enterprise which he has established, operated, controlled,
| ||||||
| 7 | conducted, or participated in the conduct of, in violation of | ||||||
| 8 | this Act or
Section 3 of the Drug Paraphernalia Control Act, | ||||||
| 9 | that the court determines,
after a forfeiture hearing, under | ||||||
| 10 | subsection (b) of this Section
to have been acquired or | ||||||
| 11 | maintained as a result of narcotics racketeering
or violating | ||||||
| 12 | Section 3 of the
Drug Paraphernalia Control Act or used to | ||||||
| 13 | facilitate narcotics racketeering.
| ||||||
| 14 | (b) The court shall, upon petition by the Attorney General | ||||||
| 15 | or State's
Attorney, at any time subsequent to the filing of an | ||||||
| 16 | information or return
of an indictment, conduct a hearing to | ||||||
| 17 | determine whether any property or
property interest is subject | ||||||
| 18 | to forfeiture under this Act. At the
forfeiture hearing the | ||||||
| 19 | people shall have the burden of establishing, by a
| ||||||
| 20 | preponderance of the evidence, that property or property | ||||||
| 21 | interests are
subject to forfeiture under this Act. There is a | ||||||
| 22 | rebuttable presumption at
such hearing that any property or | ||||||
| 23 | property interest of a person charged by
information or | ||||||
| 24 | indictment with narcotics racketeering or who is convicted
of a | ||||||
| 25 | violation of Section 3 of the Drug Paraphernalia Control Act is
| ||||||
| 26 | subject to forfeiture under this Section if the State | ||||||
| |||||||
| |||||||
| 1 | establishes by a
preponderance of the evidence that:
| ||||||
| 2 | (1) such property or property interest was acquired by | ||||||
| 3 | such person
during the period of the violation of this Act | ||||||
| 4 | or Section 3 of the Drug
Paraphernalia Control Act or | ||||||
| 5 | within a reasonable time
after such period; and
| ||||||
| 6 | (2) there was no likely source for such property or | ||||||
| 7 | property interest
other than the violation of this Act or | ||||||
| 8 | Section 3 of the Drug
Paraphernalia Control Act.
| ||||||
| 9 | (c) In an action brought by the People of the State of | ||||||
| 10 | Illinois under
this Act, wherein any restraining order, | ||||||
| 11 | injunction or prohibition or
any other action in connection | ||||||
| 12 | with any property or property interest
subject to forfeiture | ||||||
| 13 | under this Act is sought, the circuit court which
shall preside | ||||||
| 14 | over the trial of the person or persons charged with
narcotics | ||||||
| 15 | racketeering as defined in Section 4 of this Act or violating
| ||||||
| 16 | Section 3 of the Drug Paraphernalia Control Act shall first | ||||||
| 17 | determine
whether there is probable cause to believe that the | ||||||
| 18 | person or persons so
charged has committed the offense of | ||||||
| 19 | narcotics racketeering as defined in
Section 4 of this Act or a | ||||||
| 20 | violation of Section 3 of the Drug Paraphernalia
Control Act | ||||||
| 21 | and whether the property or property interest is subject to
| ||||||
| 22 | forfeiture pursuant to this Act.
| ||||||
| 23 | In order to make such a determination,
prior to entering | ||||||
| 24 | any such order, the court shall conduct a hearing without
a | ||||||
| 25 | jury, wherein the People shall establish that there is: (i) | ||||||
| 26 | probable
cause that the person or persons so charged have | ||||||
| |||||||
| |||||||
| 1 | committed the offense of
narcotics racketeering or violating | ||||||
| 2 | Section 3 of the Drug Paraphernalia
Control Act and (ii) | ||||||
| 3 | probable cause that any
property or property interest may be | ||||||
| 4 | subject to forfeiture
pursuant to this Act. Such hearing may be | ||||||
| 5 | conducted simultaneously with a
preliminary hearing, if the | ||||||
| 6 | prosecution is commenced by information or
complaint, or by | ||||||
| 7 | motion of the People, at any stage in the proceedings.
The | ||||||
| 8 | court may accept a finding of probable cause at a preliminary | ||||||
| 9 | hearing
following the filing of an information charging the | ||||||
| 10 | offense
of narcotics racketeering as defined in Section 4 of | ||||||
| 11 | this Act or the return of
an indictment by a grand jury | ||||||
| 12 | charging the offense of narcotics
racketeering as defined in | ||||||
| 13 | Section 4 of this Act or after a charge is
filed for violating | ||||||
| 14 | Section 3 of the Drug Paraphernalia Control Act as
sufficient | ||||||
| 15 | evidence of probable cause as provided in item (i) above.
| ||||||
| 16 | Upon such a finding, the circuit court shall enter such | ||||||
| 17 | restraining
order, injunction or prohibition, or shall take | ||||||
| 18 | such other action in connection
with any such property or | ||||||
| 19 | property interest subject to forfeiture under this
Act, as is | ||||||
| 20 | necessary to insure that such property is not removed from the
| ||||||
| 21 | jurisdiction of the court, concealed, destroyed or otherwise | ||||||
| 22 | disposed of by
the owner of that property or property interest | ||||||
| 23 | prior to a forfeiture
hearing under subsection (b) of this | ||||||
| 24 | Section. The Attorney General or
State's Attorney shall file a | ||||||
| 25 | certified copy of
such restraining order, injunction or other | ||||||
| 26 | prohibition with the recorder
of deeds or registrar of titles | ||||||
| |||||||
| |||||||
| 1 | of each county where any such property of
the defendant may be | ||||||
| 2 | located. No such injunction, restraining order or
other | ||||||
| 3 | prohibition shall affect the rights of any bona fide purchaser,
| ||||||
| 4 | mortgagee, judgment creditor or other lien holder arising prior | ||||||
| 5 | to the date
of such filing.
| ||||||
| 6 | The court may, at any
time, upon verified petition by the | ||||||
| 7 | defendant, conduct a hearing to release
all or portions of any | ||||||
| 8 | such property or interest which the court
previously determined | ||||||
| 9 | to be subject to forfeiture or subject to any
restraining | ||||||
| 10 | order, injunction, or prohibition or other action. The
court | ||||||
| 11 | may release such property to the defendant for good cause shown | ||||||
| 12 | and
within the sound discretion of the court.
| ||||||
| 13 | (d) Prosecution under this Act may be commenced by the | ||||||
| 14 | Attorney General
or a State's Attorney.
| ||||||
| 15 | (e) Upon an order of forfeiture being entered pursuant to | ||||||
| 16 | subsection
(b) of this Section, the
court shall authorize the | ||||||
| 17 | Attorney General to seize any property or property
interest | ||||||
| 18 | declared forfeited under this Act and under such terms and | ||||||
| 19 | conditions
as the court shall deem proper.
Any property or | ||||||
| 20 | property interest that has been the subject of an
entered | ||||||
| 21 | restraining order, injunction or prohibition or any other | ||||||
| 22 | action
filed under subsection (c) shall be forfeited unless the | ||||||
| 23 | claimant can show
by a preponderance of the evidence that the | ||||||
| 24 | property or property interest
has not been acquired or | ||||||
| 25 | maintained as a result of narcotics racketeering
or has not | ||||||
| 26 | been used to facilitate narcotics racketeering.
| ||||||
| |||||||
| |||||||
| 1 | (f) The Attorney General or his designee is authorized to | ||||||
| 2 | sell all property forfeited
and seized pursuant to this Act, | ||||||
| 3 | unless such property is required by law
to be destroyed or is | ||||||
| 4 | harmful to the public, and, after the deduction of
all | ||||||
| 5 | requisite expenses of administration and sale, shall | ||||||
| 6 | distribute the
proceeds of such sale, along with any moneys | ||||||
| 7 | forfeited or seized, in accordance
with subsection (g) or (h), | ||||||
| 8 | whichever is applicable.
| ||||||
| 9 | (g) All monies and the sale proceeds of all other property | ||||||
| 10 | forfeited and
seized pursuant to this Act shall be distributed | ||||||
| 11 | as follows:
| ||||||
| 12 | (1) An amount equal to 50% shall be distributed to the | ||||||
| 13 | unit of
local government whose
officers or employees | ||||||
| 14 | conducted the investigation into narcotics
racketeering | ||||||
| 15 | and caused the arrest or arrests and prosecution leading to
| ||||||
| 16 | the forfeiture. Amounts distributed to units of local | ||||||
| 17 | government shall be
used for enforcement of laws governing | ||||||
| 18 | narcotics activity or for public education in the community | ||||||
| 19 | or schools in the
prevention or detection of the abuse of | ||||||
| 20 | drugs or
alcohol. In the event,
however, that the | ||||||
| 21 | investigation, arrest or arrests and prosecution leading
| ||||||
| 22 | to the forfeiture
were undertaken solely by a State agency, | ||||||
| 23 | the portion provided hereunder
shall be paid into the Drug | ||||||
| 24 | Traffic Prevention Fund in the State treasury
to be used | ||||||
| 25 | for enforcement of laws governing narcotics activity.
| ||||||
| 26 | (2) An amount equal to 12.5% shall be distributed to | ||||||
| |||||||
| |||||||
| 1 | the
county in which the prosecution resulting in the | ||||||
| 2 | forfeiture was instituted,
deposited in a special fund in | ||||||
| 3 | the county treasury and appropriated to the
State's | ||||||
| 4 | Attorney for use in the enforcement of laws governing | ||||||
| 5 | narcotics
activity or for public education in the community | ||||||
| 6 | or schools in the
prevention or detection of the abuse of | ||||||
| 7 | drugs or
alcohol.
| ||||||
| 8 | An amount equal to 12.5% shall be distributed to the | ||||||
| 9 | Office
of the State's Attorneys Appellate Prosecutor and | ||||||
| 10 | deposited in the
Narcotics Profit Forfeiture Fund, which is | ||||||
| 11 | hereby created in the State
treasury, to be used by the | ||||||
| 12 | Office of the State's Attorneys Appellate
Prosecutor for | ||||||
| 13 | additional expenses incurred in prosecuting appeals | ||||||
| 14 | arising
under this Act. Any amounts remaining in the Fund | ||||||
| 15 | after all additional
expenses have been paid shall be used | ||||||
| 16 | by the Office to reduce the
participating county | ||||||
| 17 | contributions to the Office on a pro-rated basis as
| ||||||
| 18 | determined by the
board of governors of the Office of the | ||||||
| 19 | State's Attorneys Appellate
Prosecutor based on the | ||||||
| 20 | populations of the participating counties.
| ||||||
| 21 | (3) An amount equal to 25% shall be paid into the Drug | ||||||
| 22 | Traffic
Prevention Fund in the State
treasury to be used by | ||||||
| 23 | the Illinois Department of State Police for funding | ||||||
| 24 | Metropolitan
Enforcement Groups created pursuant to the | ||||||
| 25 | Intergovernmental Drug Laws Enforcement
Act. Any amounts | ||||||
| 26 | remaining in the Fund after full funding of Metropolitan
| ||||||
| |||||||
| |||||||
| 1 | Enforcement Groups shall be used for enforcement, by the | ||||||
| 2 | State or any unit
of local government, of laws governing | ||||||
| 3 | narcotics activity or for public education in the community | ||||||
| 4 | or schools in the
prevention or detection of the abuse of | ||||||
| 5 | drugs or
alcohol.
| ||||||
| 6 | (h) Where the investigation or indictment for the offense | ||||||
| 7 | of narcotics
racketeering or a violation of Section 3 of the | ||||||
| 8 | Drug Paraphernalia Control
Act has occurred under the | ||||||
| 9 | provisions of the Statewide Grand Jury Act, all
monies and the | ||||||
| 10 | sale proceeds of all other property shall be distributed as | ||||||
| 11 | follows:
| ||||||
| 12 | (1) 60% shall be distributed to the metropolitan | ||||||
| 13 | enforcement group,
local, municipal, county, or State law | ||||||
| 14 | enforcement agency or agencies which
conducted or | ||||||
| 15 | participated in the investigation resulting in the | ||||||
| 16 | forfeiture.
The distribution shall bear a reasonable | ||||||
| 17 | relationship to the degree of
direct participation of the | ||||||
| 18 | law enforcement agency in the effort resulting
in the | ||||||
| 19 | forfeiture, taking into account the total value of the | ||||||
| 20 | property
forfeited and the total law enforcement effort | ||||||
| 21 | with respect to the
violation of the law on which the | ||||||
| 22 | forfeiture is based. Amounts distributed
to the agency or | ||||||
| 23 | agencies shall be used for the enforcement of laws
| ||||||
| 24 | governing cannabis and controlled substances or for public | ||||||
| 25 | education in the community or schools in the
prevention or | ||||||
| 26 | detection of the abuse of drugs or
alcohol.
| ||||||
| |||||||
| |||||||
| 1 | (2) 25% shall be distributed by the Attorney General as | ||||||
| 2 | grants to
drug education, treatment and prevention | ||||||
| 3 | programs licensed or approved by the Department of Human | ||||||
| 4 | Services. In making these grants, the Attorney General | ||||||
| 5 | shall take
into account the plans and service priorities | ||||||
| 6 | of, and the needs identified
by, the Department of Human | ||||||
| 7 | Services.
| ||||||
| 8 | (3) 15% shall be distributed to the Attorney General | ||||||
| 9 | and the State's
Attorney, if any, participating in the | ||||||
| 10 | prosecution resulting in the
forfeiture. The distribution | ||||||
| 11 | shall bear a reasonable relationship to the
degree of | ||||||
| 12 | direct participation in the prosecution of the offense, | ||||||
| 13 | taking
into account the total value of the property | ||||||
| 14 | forfeited and the total amount
of time spent in preparing | ||||||
| 15 | and presenting the case, the complexity of the
case and | ||||||
| 16 | other similar factors. Amounts distributed to the Attorney
| ||||||
| 17 | General under this paragraph shall be retained in a fund | ||||||
| 18 | held by the State
Treasurer as ex-officio custodian to be | ||||||
| 19 | designated as the Statewide Grand
Jury Prosecution Fund and | ||||||
| 20 | paid out upon the direction of the Attorney
General for | ||||||
| 21 | expenses incurred in criminal prosecutions arising under | ||||||
| 22 | the
Statewide Grand Jury Act. Amounts distributed to a | ||||||
| 23 | State's Attorney shall
be deposited in a special fund in | ||||||
| 24 | the county treasury and appropriated to
the State's | ||||||
| 25 | Attorney for use in the enforcement of laws governing | ||||||
| 26 | narcotics activity or for public education in the community | ||||||
| |||||||
| |||||||
| 1 | or schools in the
prevention or detection of the abuse of | ||||||
| 2 | drugs or
alcohol.
| ||||||
| 3 | (i) All monies deposited pursuant to this Act in the Drug | ||||||
| 4 | Traffic Prevention
Fund established under Section 5-9-1.2 of | ||||||
| 5 | the Unified Code of Corrections
are appropriated, on a | ||||||
| 6 | continuing basis, to the Illinois Department of State Police
to | ||||||
| 7 | be used for funding Metropolitan Enforcement Groups created | ||||||
| 8 | pursuant
to the Intergovernmental Drug Laws Enforcement Act or | ||||||
| 9 | otherwise for the
enforcement of laws governing narcotics | ||||||
| 10 | activity or for public education in the community or schools in | ||||||
| 11 | the
prevention or detection of the abuse of drugs or
alcohol.
| ||||||
| 12 | (Source: P.A. 99-686, eff. 7-29-16.)
| ||||||
| 13 | (725 ILCS 175/5.2) (from Ch. 56 1/2, par. 1655.2)
| ||||||
| 14 | Sec. 5.2.
(a) Twelve and one-half percent of all amounts | ||||||
| 15 | collected
as fines pursuant to the provisions of this Act shall | ||||||
| 16 | be paid into the
Youth Drug Abuse Prevention Fund, which is | ||||||
| 17 | hereby created in the State
treasury, to be used by the | ||||||
| 18 | Department of Human Services
for the funding of programs and | ||||||
| 19 | services for drug-abuse treatment, and
prevention and | ||||||
| 20 | education services, for juveniles.
| ||||||
| 21 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
| 22 | all fines
received under the provisions of this Act shall be | ||||||
| 23 | transmitted to and
deposited in the treasurer's office at the | ||||||
| 24 | level of government as follows:
| ||||||
| 25 | (1) If such seizure was made by a combination of law | ||||||
| |||||||
| |||||||
| 1 | enforcement
personnel representing differing units of | ||||||
| 2 | local government, the court
levying the fine shall | ||||||
| 3 | equitably allocate 50% of the fine among these units
of | ||||||
| 4 | local government and shall allocate 37 1/2% to the county | ||||||
| 5 | general
corporate fund. In the event that the seizure was | ||||||
| 6 | made by law enforcement
personnel representing a unit of | ||||||
| 7 | local government from a municipality where
the number of | ||||||
| 8 | inhabitants exceeds 2 million in population, the court
| ||||||
| 9 | levying the fine shall allocate 87 1/2% of the fine to that | ||||||
| 10 | unit of local
government. If the seizure was made by a | ||||||
| 11 | combination of law enforcement
personnel representing | ||||||
| 12 | differing units of local government, and at least
one of | ||||||
| 13 | those units represents a municipality where the number of
| ||||||
| 14 | inhabitants exceeds 2 million in population, the court | ||||||
| 15 | shall equitably
allocate 87 1/2% of the proceeds of the | ||||||
| 16 | fines received among the differing
units of local | ||||||
| 17 | government.
| ||||||
| 18 | (2) If such seizure was made by State law enforcement | ||||||
| 19 | personnel, then
the court shall allocate 37 1/2% to the | ||||||
| 20 | State treasury and 50% to the
county general corporate | ||||||
| 21 | fund.
| ||||||
| 22 | (3) If a State law enforcement agency in combination | ||||||
| 23 | with a law
enforcement agency or agencies of a unit or | ||||||
| 24 | units of local government
conducted the seizure, the court | ||||||
| 25 | shall equitably allocate 37 1/2% of the
fines to or among | ||||||
| 26 | the law enforcement agency or agencies of the unit or
units | ||||||
| |||||||
| |||||||
| 1 | of local government which conducted the seizure and shall | ||||||
| 2 | allocate
50% to the county general corporate fund.
| ||||||
| 3 | (c) The proceeds of all fines allocated to the law | ||||||
| 4 | enforcement agency or
agencies of the unit or units of local | ||||||
| 5 | government pursuant to subsection
(b) shall be made available | ||||||
| 6 | to that law enforcement agency as expendable
receipts for use | ||||||
| 7 | in the enforcement of laws regulating controlled
substances and | ||||||
| 8 | cannabis. The proceeds of fines awarded to the State
treasury | ||||||
| 9 | shall be deposited in a special fund known as the Drug Traffic
| ||||||
| 10 | Prevention Fund. Monies from this fund may be used by the | ||||||
| 11 | Illinois Department of State Police for use in the enforcement | ||||||
| 12 | of laws regulating controlled
substances and cannabis; to | ||||||
| 13 | satisfy funding provisions of the
Intergovernmental Drug Laws | ||||||
| 14 | Enforcement Act; to defray costs and expenses
associated with | ||||||
| 15 | returning violators of the Cannabis Control Act and the
| ||||||
| 16 | Illinois Controlled Substances Act only, as provided in those | ||||||
| 17 | Acts, when
punishment of the crime shall be confinement of the | ||||||
| 18 | criminal in the
penitentiary; and all other monies shall be | ||||||
| 19 | paid into the general revenue
fund in the State treasury.
| ||||||
| 20 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
| 21 | Section 1035. The Sexual Assault Evidence Submission Act is | ||||||
| 22 | amended by changing Sections 5, 10, 15, 20, 25, 35, 42, 45, and | ||||||
| 23 | 50 as follows:
| ||||||
| 24 | (725 ILCS 202/5)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5. Definitions. In this Act: | ||||||
| 2 | "Commission" means the Sexual Assault Evidence Tracking | ||||||
| 3 | and Reporting Commission. | ||||||
| 4 | "Department" means the Department of State Police or | ||||||
| 5 | Illinois State Police. | ||||||
| 6 | "Law enforcement agencies" means local, county, State or | ||||||
| 7 | federal law enforcement agencies involved in the investigation | ||||||
| 8 | of sexual assault cases in Illinois. | ||||||
| 9 | "Sexual assault evidence" means evidence collected in | ||||||
| 10 | connection with a sexual assault investigation, including, but | ||||||
| 11 | not limited to, evidence collected using the Illinois State | ||||||
| 12 | Police Evidence Collection Kits.
| ||||||
| 13 | (Source: P.A. 100-336, eff. 8-25-17.)
| ||||||
| 14 | (725 ILCS 202/10) | ||||||
| 15 | Sec. 10. Submission of evidence. Law enforcement agencies | ||||||
| 16 | that receive sexual assault evidence that the victim of a | ||||||
| 17 | sexual assault or sexual abuse or a person authorized under | ||||||
| 18 | Section 6.5 of the Sexual Assault Survivors Emergency Treatment | ||||||
| 19 | Act has consented to allow law enforcement to test in | ||||||
| 20 | connection with the investigation of a criminal case on or | ||||||
| 21 | after the effective date of this Act must submit evidence from | ||||||
| 22 | the case within 10 business days of receipt of the consent to | ||||||
| 23 | test to an Illinois a Department of State Police forensic | ||||||
| 24 | laboratory or a laboratory approved and designated by the | ||||||
| 25 | Director of the Illinois State Police. The written report | ||||||
| |||||||
| |||||||
| 1 | required under Section 20 of the Sexual Assault Incident | ||||||
| 2 | Procedure Act shall include the date and time the sexual | ||||||
| 3 | assault evidence was picked up from the hospital, the date | ||||||
| 4 | consent to test the sexual assault evidence was given, and the | ||||||
| 5 | date and time the sexual assault evidence was sent to the | ||||||
| 6 | laboratory. Sexual assault evidence received by a law | ||||||
| 7 | enforcement agency within 30 days prior to the effective date | ||||||
| 8 | of this Act shall be submitted pursuant to this Section.
| ||||||
| 9 | (Source: P.A. 99-801, eff. 1-1-17.)
| ||||||
| 10 | (725 ILCS 202/15)
| ||||||
| 11 | Sec. 15. Analysis of evidence; notification. | ||||||
| 12 | (a) All sexual assault evidence submitted pursuant to | ||||||
| 13 | Section 10 of this Act on or after the effective date of this | ||||||
| 14 | Act shall be analyzed within 6 months after receipt of all | ||||||
| 15 | necessary evidence and standards by the Illinois State Police | ||||||
| 16 | Laboratory or other designated laboratory if sufficient | ||||||
| 17 | staffing and resources are available.
| ||||||
| 18 | (b) If a consistent DNA profile has been identified by | ||||||
| 19 | comparing the submitted sexual assault evidence with a known | ||||||
| 20 | standard from a suspect or with DNA profiles in the CODIS | ||||||
| 21 | database, the Illinois State Police Department shall notify the | ||||||
| 22 | investigating law enforcement agency of the results in writing, | ||||||
| 23 | and the Illinois State Police Department shall provide an | ||||||
| 24 | automatic courtesy copy of the written notification to the | ||||||
| 25 | appropriate State's Attorney's Office for tracking and further | ||||||
| |||||||
| |||||||
| 1 | action, as necessary. | ||||||
| 2 | (Source: P.A. 99-617, eff. 7-22-16.)
| ||||||
| 3 | (725 ILCS 202/20)
| ||||||
| 4 | Sec. 20. Inventory of evidence. | ||||||
| 5 | (a) By October 15, 2010, each Illinois law enforcement | ||||||
| 6 | agency shall provide written notice to the Illinois Department | ||||||
| 7 | of State Police, in a form and manner prescribed by the | ||||||
| 8 | Illinois State Police Department, stating the number of sexual | ||||||
| 9 | assault cases in the custody of the law enforcement agency that | ||||||
| 10 | have not been previously submitted to a laboratory for | ||||||
| 11 | analysis. Within 180 days after the effective date of this Act, | ||||||
| 12 | appropriate arrangements shall be made between the law | ||||||
| 13 | enforcement agency and the Illinois Department of State Police, | ||||||
| 14 | or a laboratory approved and designated by the Director of the | ||||||
| 15 | Illinois State Police, to ensure that all cases that were | ||||||
| 16 | collected prior to the effective date of this Act and are, or | ||||||
| 17 | were at the time of collection, the subject of a criminal | ||||||
| 18 | investigation, are submitted to the Illinois Department of | ||||||
| 19 | State Police, or a laboratory approved and designated by the | ||||||
| 20 | Director of the Illinois State Police. | ||||||
| 21 | (b) By February 15, 2011, the Illinois Department of State | ||||||
| 22 | Police shall submit to the Governor, the Attorney General, and | ||||||
| 23 | both houses of the General Assembly a plan for analyzing cases | ||||||
| 24 | submitted pursuant to this Section. The plan shall include but | ||||||
| 25 | not be limited to a timeline for completion of analysis and a | ||||||
| |||||||
| |||||||
| 1 | summary of the inventory received, as well as requests for | ||||||
| 2 | funding and resources necessary to meet the established | ||||||
| 3 | timeline. Should the Illinois State Police Department | ||||||
| 4 | determine it is necessary to outsource the forensic testing of | ||||||
| 5 | the cases submitted in accordance with this Section, all such | ||||||
| 6 | cases will be exempt from the provisions of subsection (n) of | ||||||
| 7 | Section 5-4-3 of the Unified Code of Corrections.
| ||||||
| 8 | (c) Beginning June 1, 2016 or on and after the effective | ||||||
| 9 | date of this amendatory Act of the 99th General Assembly, | ||||||
| 10 | whichever is later, each law enforcement agency must conduct an | ||||||
| 11 | annual inventory of all sexual assault cases in the custody of | ||||||
| 12 | the law enforcement agency and provide written notice of its | ||||||
| 13 | annual findings to the State's Attorney's Office having | ||||||
| 14 | jurisdiction to ensure sexual assault cases are being submitted | ||||||
| 15 | as provided by law. | ||||||
| 16 | (Source: P.A. 99-617, eff. 7-22-16.)
| ||||||
| 17 | (725 ILCS 202/25)
| ||||||
| 18 | Sec. 25. Failure of a law enforcement agency to submit the | ||||||
| 19 | sexual assault evidence. The failure of a law enforcement | ||||||
| 20 | agency to submit the sexual assault evidence collected on or | ||||||
| 21 | after the effective date of this Act within 10 business days | ||||||
| 22 | after receipt shall in no way alter the authority of the law | ||||||
| 23 | enforcement agency to submit the evidence or the authority of | ||||||
| 24 | the Illinois Department of State Police forensic laboratory or | ||||||
| 25 | designated laboratory to accept and analyze the evidence or | ||||||
| |||||||
| |||||||
| 1 | specimen or to maintain or upload the results of genetic marker | ||||||
| 2 | grouping analysis information into a local, State, or national | ||||||
| 3 | database in accordance with established protocol.
| ||||||
| 4 | (Source: P.A. 96-1011, eff. 9-1-10.)
| ||||||
| 5 | (725 ILCS 202/35)
| ||||||
| 6 | Sec. 35. Expungement. If the Illinois State Police | ||||||
| 7 | Department receives written confirmation from the | ||||||
| 8 | investigating law enforcement agency or State's Attorney's | ||||||
| 9 | office that a DNA record that has been uploaded pursuant to | ||||||
| 10 | this Act into a local, State or national DNA database was not | ||||||
| 11 | connected to a criminal investigation, the DNA record shall be | ||||||
| 12 | expunged from the DNA database and the Illinois State Police | ||||||
| 13 | Department shall, by rule, prescribe procedures to ensure that | ||||||
| 14 | written confirmation is sent to the submitting law enforcement | ||||||
| 15 | agency verifying the expungement.
| ||||||
| 16 | (Source: P.A. 96-1011, eff. 9-1-10.)
| ||||||
| 17 | (725 ILCS 202/42) | ||||||
| 18 | Sec. 42. Reporting. Beginning January 1, 2017 and each year | ||||||
| 19 | thereafter, the Illinois State Police Department shall publish | ||||||
| 20 | a quarterly report on its website, indicating a breakdown of | ||||||
| 21 | the number of sexual assault case submissions from every law | ||||||
| 22 | enforcement agency.
| ||||||
| 23 | (Source: P.A. 99-617, eff. 7-22-16.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 202/45)
| ||||||
| 2 | Sec. 45. Rules. The Illinois Department of State Police | ||||||
| 3 | shall promulgate rules that prescribe the procedures for the | ||||||
| 4 | operation of this Act, including expunging a DNA record.
| ||||||
| 5 | (Source: P.A. 96-1011, eff. 9-1-10.)
| ||||||
| 6 | (725 ILCS 202/50) | ||||||
| 7 | Sec. 50. Sexual assault evidence tracking system. | ||||||
| 8 | (a) On June 26, 2018, the Sexual Assault Evidence Tracking | ||||||
| 9 | and Reporting Commission issued its report as required under | ||||||
| 10 | Section 43. It is the intention of the General Assembly in | ||||||
| 11 | enacting the provisions of this amendatory Act of the 101st | ||||||
| 12 | General Assembly to implement the recommendations of the Sexual | ||||||
| 13 | Assault Evidence Tracking and Reporting Commission set forth in | ||||||
| 14 | that report in a manner that utilizes the current resources of | ||||||
| 15 | law enforcement agencies whenever possible and that is | ||||||
| 16 | adaptable to changing technologies and circumstances. | ||||||
| 17 | (a-1) Due to the complex nature of a statewide tracking | ||||||
| 18 | system for sexual assault evidence and
to ensure all | ||||||
| 19 | stakeholders, including, but not limited to, victims and their | ||||||
| 20 | designees, health care facilities, law enforcement agencies, | ||||||
| 21 | forensic labs, and State's Attorneys offices are integrated, | ||||||
| 22 | the Commission recommended the purchase of an
electronic | ||||||
| 23 | off-the-shelf tracking system. The system must be able to | ||||||
| 24 | communicate with all
stakeholders and provide real-time | ||||||
| 25 | information to a victim or his or her designee on the status
of | ||||||
| |||||||
| |||||||
| 1 | the evidence that was collected. The sexual assault evidence | ||||||
| 2 | tracking system must: | ||||||
| 3 | (1) be electronic and web-based; | ||||||
| 4 | (2) be administered by the Illinois Department of State | ||||||
| 5 | Police; | ||||||
| 6 | (3) have help desk availability at all times; | ||||||
| 7 | (4) ensure the law enforcement agency contact | ||||||
| 8 | information is accessible to the
victim or his or her | ||||||
| 9 | designee through the tracking system, so there is contact
| ||||||
| 10 | information for questions; | ||||||
| 11 | (5) have the option for external connectivity to | ||||||
| 12 | evidence management systems,
laboratory information | ||||||
| 13 | management systems, or other electronic data
systems | ||||||
| 14 | already in existence by any of the stakeholders to minimize | ||||||
| 15 | additional
burdens or tasks on stakeholders; | ||||||
| 16 | (6) allow for the victim to opt in for automatic | ||||||
| 17 | notifications when status updates are
entered in the | ||||||
| 18 | system, if the system allows; | ||||||
| 19 | (7) include at each step in the process, a brief | ||||||
| 20 | explanation of the general purpose of that
step and a | ||||||
| 21 | general indication of how long the step may take to | ||||||
| 22 | complete; | ||||||
| 23 | (8) contain minimum fields for tracking and reporting, | ||||||
| 24 | as follows: | ||||||
| 25 | (A) for sexual assault evidence kit vendor fields: | ||||||
| 26 | (i) each sexual evidence kit identification | ||||||
| |||||||
| |||||||
| 1 | number provided to each health care
facility; and | ||||||
| 2 | (ii) the date the sexual evidence kit was sent | ||||||
| 3 | to the health care
facility. | ||||||
| 4 | (B) for health care
facility fields: | ||||||
| 5 | (i) the date sexual assault evidence was | ||||||
| 6 | collected; and | ||||||
| 7 | (ii) the date notification was made to the law | ||||||
| 8 | enforcement agency that the sexual assault | ||||||
| 9 | evidence was collected. | ||||||
| 10 | (C) for law enforcement agency fields: | ||||||
| 11 | (i) the date the law enforcement agency took | ||||||
| 12 | possession of the sexual assault evidence from the | ||||||
| 13 | health care facility,
another law enforcement | ||||||
| 14 | agency, or victim if he or she did not go through a | ||||||
| 15 | health care facility; | ||||||
| 16 | (ii) the law enforcement agency complaint | ||||||
| 17 | number; | ||||||
| 18 | (iii) if the law enforcement agency that takes | ||||||
| 19 | possession of the sexual assault evidence from a | ||||||
| 20 | health care facility is not the law enforcement | ||||||
| 21 | agency
with jurisdiction in which the offense | ||||||
| 22 | occurred, the date when the law enforcement agency
| ||||||
| 23 | notified the law enforcement agency having | ||||||
| 24 | jurisdiction that the agency has sexual assault | ||||||
| 25 | evidence required under subsection (c) of Section | ||||||
| 26 | 20 of the Sexual Assault Incident Procedure Act; | ||||||
| |||||||
| |||||||
| 1 | (iv) an indication if the victim consented for | ||||||
| 2 | analysis of the sexual assault evidence; | ||||||
| 3 | (v) if the victim did not consent for analysis | ||||||
| 4 | of the sexual assault evidence, the date
on which | ||||||
| 5 | the law enforcement agency is no longer required to | ||||||
| 6 | store the sexual assault evidence; | ||||||
| 7 | (vi) a mechanism for the law enforcement | ||||||
| 8 | agency to document why the sexual assault evidence | ||||||
| 9 | was not
submitted to the laboratory for analysis, | ||||||
| 10 | if applicable; | ||||||
| 11 | (vii) the date the law enforcement agency | ||||||
| 12 | received the sexual assault evidence results back | ||||||
| 13 | from the laboratory; | ||||||
| 14 | (viii) the date statutory notifications were | ||||||
| 15 | made to the victim or documentation of why | ||||||
| 16 | notification
was not made; and | ||||||
| 17 | (ix) the date the law enforcement agency | ||||||
| 18 | turned over the case information to the State's
| ||||||
| 19 | Attorney office, if applicable. | ||||||
| 20 | (D) for forensic lab fields: | ||||||
| 21 | (i) the date the sexual assault evidence is | ||||||
| 22 | received from the law enforcement agency by the | ||||||
| 23 | forensic lab
for analysis; | ||||||
| 24 | (ii) the laboratory case number, visible to | ||||||
| 25 | the law enforcement agency and State's Attorney | ||||||
| 26 | office; and | ||||||
| |||||||
| |||||||
| 1 | (iii) the date the laboratory completes the | ||||||
| 2 | analysis of the sexual assault evidence. | ||||||
| 3 | (E) for State's Attorney office fields: | ||||||
| 4 | (i) the date the State's Attorney office | ||||||
| 5 | received the sexual assault evidence results from | ||||||
| 6 | the laboratory, if
applicable; and | ||||||
| 7 | (ii) the disposition or status of the case. | ||||||
| 8 | (a-2) The Commission also developed guidelines for secure | ||||||
| 9 | electronic access to a tracking
system for a victim, or his or | ||||||
| 10 | her designee to access information on the status of the | ||||||
| 11 | evidence
collected. The Commission recommended minimum | ||||||
| 12 | guidelines in order to
safeguard confidentiality of the | ||||||
| 13 | information contained within this statewide tracking
system. | ||||||
| 14 | These recommendations are that the sexual assault evidence | ||||||
| 15 | tracking system must: | ||||||
| 16 | (1) allow for secure access, controlled by an | ||||||
| 17 | administering body who can restrict user
access and allow | ||||||
| 18 | different permissions based on the need of that particular | ||||||
| 19 | user
and health care facility users may include | ||||||
| 20 | out-of-state border hospitals, if
authorized by the | ||||||
| 21 | Illinois Department of State Police to obtain this State's | ||||||
| 22 | kits from vendor; | ||||||
| 23 | (2) provide for users, other than victims, the ability | ||||||
| 24 | to provide for any individual who
is granted access to the | ||||||
| 25 | program their own unique user ID and password; | ||||||
| 26 | (3) provide for a mechanism for a victim to enter the | ||||||
| |||||||
| |||||||
| 1 | system and only access
his or her own information; | ||||||
| 2 | (4) enable a sexual assault evidence to be tracked and | ||||||
| 3 | identified through the unique sexual assault evidence kit | ||||||
| 4 | identification
number or barcode that the vendor applies to | ||||||
| 5 | each sexual assault evidence kit per the Illinois | ||||||
| 6 | Department of State Police's contract; | ||||||
| 7 | (5) have a mechanism to inventory unused kits provided | ||||||
| 8 | to a health care facility from the vendor; | ||||||
| 9 | (6) provide users the option to either scan the bar | ||||||
| 10 | code or manually enter the sexual assault evidence kit | ||||||
| 11 | number
into the tracking program; | ||||||
| 12 | (7) provide a mechanism to create a separate unique | ||||||
| 13 | identification number for cases in
which a sexual evidence | ||||||
| 14 | kit was not collected, but other evidence was collected; | ||||||
| 15 | (8) provide the ability to record date, time, and user | ||||||
| 16 | ID whenever any user accesses the
system; | ||||||
| 17 | (9) provide for real-time entry and update of data; | ||||||
| 18 | (10) contain report functions including: | ||||||
| 19 | (A) health care facility compliance with | ||||||
| 20 | applicable laws; | ||||||
| 21 | (B) law enforcement agency compliance with | ||||||
| 22 | applicable laws; | ||||||
| 23 | (C) law enforcement agency annual inventory of | ||||||
| 24 | cases to each State's Attorney office; and | ||||||
| 25 | (D) forensic lab compliance with applicable laws; | ||||||
| 26 | and | ||||||
| |||||||
| |||||||
| 1 | (11) provide automatic notifications to the law | ||||||
| 2 | enforcement agency when: | ||||||
| 3 | (A) a health care facility has collected sexual | ||||||
| 4 | assault evidence; | ||||||
| 5 | (B) unreleased sexual assault evidence that is | ||||||
| 6 | being stored by the law enforcement agency has met the | ||||||
| 7 | minimum
storage requirement by law; and | ||||||
| 8 | (C) timelines as required by law are not met for a | ||||||
| 9 | particular case, if not
otherwise documented. | ||||||
| 10 | (b) The Illinois State Police Department shall develop | ||||||
| 11 | rules to implement a sexual assault evidence tracking system | ||||||
| 12 | that conforms with subsections (a-1) and (a-2) of this Section. | ||||||
| 13 | The Illinois State Police Department shall design the criteria | ||||||
| 14 | for the sexual assault evidence tracking system so that, to the | ||||||
| 15 | extent reasonably possible, the system can use existing | ||||||
| 16 | technologies and products, including, but not limited to, | ||||||
| 17 | currently available tracking systems. The sexual assault | ||||||
| 18 | evidence tracking system shall be operational and shall begin | ||||||
| 19 | tracking and reporting sexual assault evidence no later than | ||||||
| 20 | one year after the effective date of this amendatory Act of the | ||||||
| 21 | 101st General Assembly. The Illinois State Police Department | ||||||
| 22 | may adopt additional rules as it deems necessary to ensure that | ||||||
| 23 | the sexual assault evidence tracking system continues to be a | ||||||
| 24 | useful tool for law enforcement. | ||||||
| 25 | (c) A treatment hospital, a treatment hospital with | ||||||
| 26 | approved pediatric transfer, an out-of-state hospital approved | ||||||
| |||||||
| |||||||
| 1 | by the Department of Public Health to receive transfers of | ||||||
| 2 | Illinois sexual assault survivors, or an approved pediatric | ||||||
| 3 | health care facility defined in Section 1a of the Sexual | ||||||
| 4 | Assault Survivors Emergency Treatment Act shall participate in | ||||||
| 5 | the sexual assault evidence tracking system created under this | ||||||
| 6 | Section and in accordance with rules adopted under subsection | ||||||
| 7 | (b), including, but not limited to, the collection of sexual | ||||||
| 8 | assault evidence and providing information regarding that | ||||||
| 9 | evidence, including, but not limited to, providing notice to | ||||||
| 10 | law enforcement that the evidence has been collected. | ||||||
| 11 | (d) The operations of the sexual assault evidence tracking | ||||||
| 12 | system shall be funded by moneys appropriated for that purpose | ||||||
| 13 | from the State Crime Laboratory Fund and funds provided to the | ||||||
| 14 | Illinois State Police Department through asset forfeiture, | ||||||
| 15 | together with such other funds as the General Assembly may | ||||||
| 16 | appropriate. | ||||||
| 17 | (e) To ensure that the sexual assault evidence tracking | ||||||
| 18 | system is operational, the Illinois State Police Department may | ||||||
| 19 | adopt emergency rules to implement the provisions of this | ||||||
| 20 | Section under subsection (ff) of Section 5-45 of the Illinois | ||||||
| 21 | Administrative Procedure Act. | ||||||
| 22 | (f) Information, including, but not limited to, evidence | ||||||
| 23 | and records in the sexual assault evidence tracking system is | ||||||
| 24 | exempt from disclosure under the Freedom of Information Act.
| ||||||
| 25 | (Source: P.A. 101-377, eff. 8-16-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1045. The Sexual Assault Incident Procedure Act is | ||||||
| 2 | amended by changing Sections 15, 20, and 35 as follows:
| ||||||
| 3 | (725 ILCS 203/15) | ||||||
| 4 | Sec. 15. Sexual assault incident policies. | ||||||
| 5 | (a) On or before January 1, 2018, every law enforcement | ||||||
| 6 | agency shall develop, adopt, and implement written policies | ||||||
| 7 | regarding procedures for incidents of sexual assault or sexual | ||||||
| 8 | abuse consistent with the guidelines developed under | ||||||
| 9 | subsection (b) of this Section. In developing these policies, | ||||||
| 10 | each law enforcement agency is encouraged to consult with other | ||||||
| 11 | law enforcement agencies, sexual assault advocates, and sexual | ||||||
| 12 | assault nurse examiners with expertise in recognizing and | ||||||
| 13 | handling sexual assault and sexual abuse incidents. These | ||||||
| 14 | policies must include mandatory sexual assault and sexual abuse | ||||||
| 15 | response training as required in Section 10.21 of the Illinois | ||||||
| 16 | Police Training Act and Sections 2605-51 and 2605-53 and | ||||||
| 17 | 2605-98 of the Illinois Department of State Police Law of the | ||||||
| 18 | Civil Administrative Code of Illinois. | ||||||
| 19 | (a-5) On or before January 1, 2021, every law enforcement | ||||||
| 20 | agency shall revise and implement its written policies | ||||||
| 21 | regarding procedures for incidents of sexual assault or sexual | ||||||
| 22 | abuse consistent with the guideline revisions developed under | ||||||
| 23 | subsection (b-5) of this Section. | ||||||
| 24 | (b) On or before July 1, 2017, the Office of the Attorney | ||||||
| 25 | General, in consultation with the Illinois Law Enforcement | ||||||
| |||||||
| |||||||
| 1 | Training Standards Board and the Illinois Department of State | ||||||
| 2 | Police, shall develop and make available to each law | ||||||
| 3 | enforcement agency, comprehensive guidelines for creation of a | ||||||
| 4 | law enforcement agency policy on evidence-based, | ||||||
| 5 | trauma-informed, victim-centered sexual assault and sexual | ||||||
| 6 | abuse response and investigation. | ||||||
| 7 | These guidelines shall include, but not be limited to the | ||||||
| 8 | following: | ||||||
| 9 | (1) dispatcher or call taker response; | ||||||
| 10 | (2) responding officer duties; | ||||||
| 11 | (3) duties of officers investigating sexual assaults | ||||||
| 12 | and sexual abuse; | ||||||
| 13 | (4) supervisor duties; | ||||||
| 14 | (5) report writing; | ||||||
| 15 | (6) reporting methods; | ||||||
| 16 | (7) victim interviews; | ||||||
| 17 | (8) evidence collection; | ||||||
| 18 | (9) sexual assault medical forensic examinations; | ||||||
| 19 | (10) suspect interviews; | ||||||
| 20 | (11) suspect forensic exams; | ||||||
| 21 | (12) witness interviews; | ||||||
| 22 | (13) sexual assault response and resource teams, if | ||||||
| 23 | applicable; | ||||||
| 24 | (14) working with victim advocates; | ||||||
| 25 | (15) working with prosecutors; | ||||||
| 26 | (16) victims' rights; | ||||||
| |||||||
| |||||||
| 1 | (17) victim notification; and | ||||||
| 2 | (18) consideration for specific populations or | ||||||
| 3 | communities.
| ||||||
| 4 | (b-5) On or before January 1, 2020, the Office of the | ||||||
| 5 | Attorney General, in consultation with the Illinois Law | ||||||
| 6 | Enforcement Training Standards Board and the Illinois | ||||||
| 7 | Department of State Police, shall revise the comprehensive | ||||||
| 8 | guidelines developed under subsection (b) to include | ||||||
| 9 | responding to victims who are under 13 years of age at the time | ||||||
| 10 | the sexual assault or sexual abuse occurred. | ||||||
| 11 | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17; | ||||||
| 12 | 100-910, eff. 1-1-19.)
| ||||||
| 13 | (725 ILCS 203/20)
| ||||||
| 14 | Sec. 20. Reports by law enforcement officers. | ||||||
| 15 | (a) A law enforcement officer shall complete a written | ||||||
| 16 | police report upon receiving the following, regardless of where | ||||||
| 17 | the incident occurred: | ||||||
| 18 | (1) an allegation by a person that the person has been | ||||||
| 19 | sexually assaulted or sexually abused regardless of | ||||||
| 20 | jurisdiction; | ||||||
| 21 | (2) information from hospital or medical personnel | ||||||
| 22 | provided under Section 3.2 of the Criminal Identification | ||||||
| 23 | Act; or | ||||||
| 24 | (3) information from a witness who personally observed | ||||||
| 25 | what appeared to be a sexual assault or sexual abuse or | ||||||
| |||||||
| |||||||
| 1 | attempted sexual assault or sexual abuse. | ||||||
| 2 | (b) The written report shall include the following, if | ||||||
| 3 | known: | ||||||
| 4 | (1) the victim's name or other identifier; | ||||||
| 5 | (2) the victim's contact information; | ||||||
| 6 | (3) time, date, and location of offense; | ||||||
| 7 | (4) information provided by the victim; | ||||||
| 8 | (5) the suspect's description and name, if known; | ||||||
| 9 | (6) names of persons with information relevant to the | ||||||
| 10 | time before, during, or after the sexual assault or sexual | ||||||
| 11 | abuse, and their contact information; | ||||||
| 12 | (7) names of medical professionals who provided a | ||||||
| 13 | medical forensic examination of the victim and any | ||||||
| 14 | information they provided about the sexual assault or | ||||||
| 15 | sexual abuse; | ||||||
| 16 | (8) whether an Illinois State Police Sexual Assault | ||||||
| 17 | Evidence Collection Kit was completed, the name and contact | ||||||
| 18 | information for the hospital, and whether the victim | ||||||
| 19 | consented to testing of the Evidence Collection Kit by law | ||||||
| 20 | enforcement; | ||||||
| 21 | (9) whether a urine or blood sample was collected and | ||||||
| 22 | whether the victim consented to testing of a toxicology | ||||||
| 23 | screen by law enforcement; | ||||||
| 24 | (10) information the victim related to medical | ||||||
| 25 | professionals during a medical forensic examination which | ||||||
| 26 | the victim consented to disclosure to law enforcement; and | ||||||
| |||||||
| |||||||
| 1 | (11) other relevant information. | ||||||
| 2 | (c) If the sexual assault or sexual abuse occurred in | ||||||
| 3 | another jurisdiction, the law enforcement officer taking the | ||||||
| 4 | report must submit the report to the law enforcement agency | ||||||
| 5 | having jurisdiction in person or via fax or email within 24 | ||||||
| 6 | hours of receiving information about the sexual assault or | ||||||
| 7 | sexual abuse. | ||||||
| 8 | (d) Within 24 hours of receiving a report from a law | ||||||
| 9 | enforcement agency in another jurisdiction in accordance with | ||||||
| 10 | subsection (c), the law enforcement agency having jurisdiction | ||||||
| 11 | shall submit a written confirmation to the law enforcement | ||||||
| 12 | agency that wrote the report. The written confirmation shall | ||||||
| 13 | contain the name and identifier of the person and confirming | ||||||
| 14 | receipt of the report and a name and contact phone number that | ||||||
| 15 | will be given to the victim. The written confirmation shall be | ||||||
| 16 | delivered in person or via fax or email. | ||||||
| 17 | (e) No law enforcement officer shall require a victim of | ||||||
| 18 | sexual assault or sexual abuse to submit to an interview. | ||||||
| 19 | (f) No law enforcement agency may refuse to complete a | ||||||
| 20 | written report as required by this Section on any ground. | ||||||
| 21 | (g) All law enforcement agencies shall ensure that all | ||||||
| 22 | officers responding to or investigating a complaint of sexual | ||||||
| 23 | assault or sexual abuse have successfully completed training | ||||||
| 24 | under Section 10.21 of the Illinois Police Training Act and | ||||||
| 25 | Section 2605-51 2605-98 of the Illinois Department of State | ||||||
| 26 | Police Law of the Civil Administrative Code of Illinois.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
| ||||||
| 2 | (725 ILCS 203/35)
| ||||||
| 3 | Sec. 35. Release of information. | ||||||
| 4 | (a) Upon the request of the victim who has consented to the | ||||||
| 5 | release of sexual assault evidence for testing, the law | ||||||
| 6 | enforcement agency having jurisdiction shall provide the | ||||||
| 7 | following information in writing: | ||||||
| 8 | (1) the date the sexual assault evidence was sent to an | ||||||
| 9 | Illinois a Department of State Police forensic laboratory | ||||||
| 10 | or designated laboratory; | ||||||
| 11 | (2) test results provided to the law enforcement agency | ||||||
| 12 | by an Illinois a Department of State Police forensic | ||||||
| 13 | laboratory or designated laboratory, including, but not | ||||||
| 14 | limited to: | ||||||
| 15 | (A) whether a DNA profile was obtained from the | ||||||
| 16 | testing of the sexual assault evidence from the | ||||||
| 17 | victim's case; | ||||||
| 18 | (B) whether the DNA profile developed from the | ||||||
| 19 | sexual assault evidence has been searched against the | ||||||
| 20 | DNA Index System or any state or federal DNA database; | ||||||
| 21 | (C) whether an association was made to an | ||||||
| 22 | individual whose DNA profile is consistent with the | ||||||
| 23 | sexual assault evidence DNA profile,
provided that | ||||||
| 24 | disclosure would not impede or compromise an ongoing | ||||||
| 25 | investigation; and | ||||||
| |||||||
| |||||||
| 1 | (D) whether any drugs were detected in a urine or | ||||||
| 2 | blood sample analyzed for drug facilitated sexual | ||||||
| 3 | assault and information about any drugs detected. | ||||||
| 4 | (b) The information listed in paragraph (1) of subsection | ||||||
| 5 | (a) of this Section shall be provided to the victim within 7 | ||||||
| 6 | days of the transfer of the evidence to the laboratory. The | ||||||
| 7 | information listed in paragraph (2) of subsection (a) of this | ||||||
| 8 | Section shall be provided to the victim within 7 days of the | ||||||
| 9 | receipt of the information by the law enforcement agency having | ||||||
| 10 | jurisdiction. | ||||||
| 11 | (c) At the time the sexual assault evidence is released for | ||||||
| 12 | testing, the victim shall be provided written information by | ||||||
| 13 | the law enforcement agency having jurisdiction or the hospital | ||||||
| 14 | providing emergency services and forensic services to the | ||||||
| 15 | victim informing him or her of the right to request information | ||||||
| 16 | under subsection (a) of this Section. A victim may designate | ||||||
| 17 | another person or agency to receive this information. | ||||||
| 18 | (d) The victim or the victim's designee shall keep the law | ||||||
| 19 | enforcement agency having jurisdiction informed of the name, | ||||||
| 20 | address, telephone number, and email address of the person to | ||||||
| 21 | whom the information should be provided, and any changes of the | ||||||
| 22 | name, address, telephone number, and email address, if an email | ||||||
| 23 | address is available.
| ||||||
| 24 | (Source: P.A. 99-801, eff. 1-1-17.)
| ||||||
| 25 | Section 1050. The Sexually Violent Persons Commitment Act | ||||||
| |||||||
| |||||||
| 1 | is amended by changing Section 45 as follows:
| ||||||
| 2 | (725 ILCS 207/45)
| ||||||
| 3 | Sec. 45. Deoxyribonucleic acid analysis requirements.
| ||||||
| 4 | (a)(1) If a person is found to be a sexually violent person
| ||||||
| 5 | under this Act, the court shall require the person to provide a
| ||||||
| 6 | biological specimen for deoxyribonucleic acid analysis in | ||||||
| 7 | accordance with
Section 5-4-3 of the Unified Code of | ||||||
| 8 | Corrections.
| ||||||
| 9 | (2) The results from deoxyribonucleic acid analysis of a
| ||||||
| 10 | specimen under paragraph (a)(1) of this Section may be used | ||||||
| 11 | only
as authorized by Section 5-4-3 of the Unified Code of | ||||||
| 12 | Corrections.
| ||||||
| 13 | (b) The rules adopted by the Illinois Department of State | ||||||
| 14 | Police under
Section 5-4-3 of the Unified Code of Corrections | ||||||
| 15 | are the procedures that must
be followed for persons to provide | ||||||
| 16 | specimens under paragraph (a)(1) of this
Section.
| ||||||
| 17 | (Source: P.A. 90-40, eff. 1-1-98; 91-227, eff. 1-1-00.)
| ||||||
| 18 | Section 1055. The Unified Code of Corrections is amended by | ||||||
| 19 | changing Sections 3-2-2, 3-2.7-25, 3-3-2, 3-14-1, 3-14-1.5, | ||||||
| 20 | 3-17-5, 5-2-4, 5-4-3, 5-4-3a, 5-4-3b, 5-5-4, 5-5.5-40, 5-6-3, | ||||||
| 21 | 5-9-1.2, 5-9-1.4, and 5-9-1.9 as follows:
| ||||||
| 22 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||||||
| 23 | Sec. 3-2-2. Powers and duties of the Department.
| ||||||
| |||||||
| |||||||
| 1 | (1) In addition to the powers, duties, and responsibilities | ||||||
| 2 | which are
otherwise provided by law, the Department shall have | ||||||
| 3 | the following powers:
| ||||||
| 4 | (a) To accept persons committed to it by the courts of | ||||||
| 5 | this State for
care, custody, treatment and | ||||||
| 6 | rehabilitation, and to accept federal prisoners and aliens | ||||||
| 7 | over whom the Office of the Federal Detention Trustee is | ||||||
| 8 | authorized to exercise the federal detention function for | ||||||
| 9 | limited purposes and periods of time.
| ||||||
| 10 | (b) To develop and maintain reception and evaluation | ||||||
| 11 | units for purposes
of analyzing the custody and | ||||||
| 12 | rehabilitation needs of persons committed to
it and to | ||||||
| 13 | assign such persons to institutions and programs under its | ||||||
| 14 | control
or transfer them to other appropriate agencies. In | ||||||
| 15 | consultation with the
Department of Alcoholism and | ||||||
| 16 | Substance Abuse (now the Department of Human
Services), the | ||||||
| 17 | Department of Corrections
shall develop a master plan for | ||||||
| 18 | the screening and evaluation of persons
committed to its | ||||||
| 19 | custody who have alcohol or drug abuse problems, and for
| ||||||
| 20 | making appropriate treatment available to such persons; | ||||||
| 21 | the Department
shall report to the General Assembly on such | ||||||
| 22 | plan not later than April 1,
1987. The maintenance and | ||||||
| 23 | implementation of such plan shall be contingent
upon the | ||||||
| 24 | availability of funds.
| ||||||
| 25 | (b-1) To create and implement, on January 1, 2002, a | ||||||
| 26 | pilot
program to
establish the effectiveness of | ||||||
| |||||||
| |||||||
| 1 | pupillometer technology (the measurement of the
pupil's
| ||||||
| 2 | reaction to light) as an alternative to a urine test for | ||||||
| 3 | purposes of screening
and evaluating
persons committed to | ||||||
| 4 | its custody who have alcohol or drug problems. The
pilot | ||||||
| 5 | program shall require the pupillometer technology to be | ||||||
| 6 | used in at
least one Department of
Corrections facility. | ||||||
| 7 | The Director may expand the pilot program to include an
| ||||||
| 8 | additional facility or
facilities as he or she deems | ||||||
| 9 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
| 10 | the pilot program.
The
Department must report to the
| ||||||
| 11 | General Assembly on the
effectiveness of the program by | ||||||
| 12 | January 1, 2003.
| ||||||
| 13 | (b-5) To develop, in consultation with the Illinois | ||||||
| 14 | Department of State Police, a
program for tracking and | ||||||
| 15 | evaluating each inmate from commitment through release
for | ||||||
| 16 | recording his or her gang affiliations, activities, or | ||||||
| 17 | ranks.
| ||||||
| 18 | (c) To maintain and administer all State correctional | ||||||
| 19 | institutions and
facilities under its control and to | ||||||
| 20 | establish new ones as needed. Pursuant
to its power to | ||||||
| 21 | establish new institutions and facilities, the Department
| ||||||
| 22 | may, with the written approval of the Governor, authorize | ||||||
| 23 | the Department of
Central Management Services to enter into | ||||||
| 24 | an agreement of the type
described in subsection (d) of | ||||||
| 25 | Section 405-300 of the
Department
of Central Management | ||||||
| 26 | Services Law (20 ILCS 405/405-300). The Department shall
| ||||||
| |||||||
| |||||||
| 1 | designate those institutions which
shall constitute the | ||||||
| 2 | State Penitentiary System.
| ||||||
| 3 | Pursuant to its power to establish new institutions and | ||||||
| 4 | facilities, the
Department may authorize the Department of | ||||||
| 5 | Central Management Services to
accept bids from counties | ||||||
| 6 | and municipalities for the construction,
remodeling or | ||||||
| 7 | conversion of a structure to be leased to the Department of
| ||||||
| 8 | Corrections for the purposes of its serving as a | ||||||
| 9 | correctional institution
or facility. Such construction, | ||||||
| 10 | remodeling or conversion may be financed
with revenue bonds | ||||||
| 11 | issued pursuant to the Industrial Building Revenue Bond
Act | ||||||
| 12 | by the municipality or county. The lease specified in a bid | ||||||
| 13 | shall be
for a term of not less than the time needed to | ||||||
| 14 | retire any revenue bonds
used to finance the project, but | ||||||
| 15 | not to exceed 40 years. The lease may
grant to the State | ||||||
| 16 | the option to purchase the structure outright.
| ||||||
| 17 | Upon receipt of the bids, the Department may certify | ||||||
| 18 | one or more of the
bids and shall submit any such bids to | ||||||
| 19 | the General Assembly for approval.
Upon approval of a bid | ||||||
| 20 | by a constitutional majority of both houses of the
General | ||||||
| 21 | Assembly, pursuant to joint resolution, the Department of | ||||||
| 22 | Central
Management Services may enter into an agreement | ||||||
| 23 | with the county or
municipality pursuant to such bid.
| ||||||
| 24 | (c-5) To build and maintain regional juvenile | ||||||
| 25 | detention centers and to
charge a per diem to the counties | ||||||
| 26 | as established by the Department to defray
the costs of | ||||||
| |||||||
| |||||||
| 1 | housing each minor in a center. In this subsection (c-5),
| ||||||
| 2 | "juvenile
detention center" means a facility to house | ||||||
| 3 | minors during pendency of trial who
have been transferred | ||||||
| 4 | from proceedings under the Juvenile Court Act of 1987 to
| ||||||
| 5 | prosecutions under the criminal laws of this State in | ||||||
| 6 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
| 7 | 1987, whether the transfer was by operation
of
law or | ||||||
| 8 | permissive under that Section. The Department shall | ||||||
| 9 | designate the
counties to be served by each regional | ||||||
| 10 | juvenile detention center.
| ||||||
| 11 | (d) To develop and maintain programs of control, | ||||||
| 12 | rehabilitation and
employment of committed persons within | ||||||
| 13 | its institutions.
| ||||||
| 14 | (d-5) To provide a pre-release job preparation program | ||||||
| 15 | for inmates at Illinois adult correctional centers.
| ||||||
| 16 | (d-10) To provide educational and visitation | ||||||
| 17 | opportunities to committed persons within its institutions | ||||||
| 18 | through temporary access to content-controlled tablets | ||||||
| 19 | that may be provided as a privilege to committed persons to | ||||||
| 20 | induce or reward compliance. | ||||||
| 21 | (e) To establish a system of supervision and guidance | ||||||
| 22 | of committed persons
in the community.
| ||||||
| 23 | (f) To establish in cooperation with the Department of | ||||||
| 24 | Transportation
to supply a sufficient number of prisoners | ||||||
| 25 | for use by the Department of
Transportation to clean up the | ||||||
| 26 | trash and garbage along State, county,
township, or | ||||||
| |||||||
| |||||||
| 1 | municipal highways as designated by the Department of
| ||||||
| 2 | Transportation. The Department of Corrections, at the | ||||||
| 3 | request of the
Department of Transportation, shall furnish | ||||||
| 4 | such prisoners at least
annually for a period to be agreed | ||||||
| 5 | upon between the Director of
Corrections and the Secretary | ||||||
| 6 | of Transportation. The prisoners used on this
program shall | ||||||
| 7 | be selected by the Director of Corrections on whatever | ||||||
| 8 | basis
he deems proper in consideration of their term, | ||||||
| 9 | behavior and earned eligibility
to participate in such | ||||||
| 10 | program - where they will be outside of the prison
facility | ||||||
| 11 | but still in the custody of the Department of Corrections. | ||||||
| 12 | Prisoners
convicted of first degree murder, or a Class X | ||||||
| 13 | felony, or armed violence, or
aggravated kidnapping, or | ||||||
| 14 | criminal sexual assault, aggravated criminal sexual
abuse | ||||||
| 15 | or a subsequent conviction for criminal sexual abuse, or | ||||||
| 16 | forcible
detention, or arson, or a prisoner adjudged a | ||||||
| 17 | Habitual Criminal shall not be
eligible for selection to | ||||||
| 18 | participate in such program. The prisoners shall
remain as | ||||||
| 19 | prisoners in the custody of the Department of Corrections | ||||||
| 20 | and such
Department shall furnish whatever security is | ||||||
| 21 | necessary. The Department of
Transportation shall furnish | ||||||
| 22 | trucks and equipment for the highway cleanup
program and | ||||||
| 23 | personnel to supervise and direct the program. Neither the
| ||||||
| 24 | Department of Corrections nor the Department of | ||||||
| 25 | Transportation shall replace
any regular employee with a | ||||||
| 26 | prisoner.
| ||||||
| |||||||
| |||||||
| 1 | (g) To maintain records of persons committed to it and | ||||||
| 2 | to establish
programs of research, statistics and | ||||||
| 3 | planning.
| ||||||
| 4 | (h) To investigate the grievances of any person | ||||||
| 5 | committed to the
Department and to inquire into any alleged | ||||||
| 6 | misconduct by employees
or committed persons; and for
these | ||||||
| 7 | purposes it may issue subpoenas and compel the attendance | ||||||
| 8 | of witnesses
and the production of writings and papers, and | ||||||
| 9 | may examine under oath any
witnesses who may appear before | ||||||
| 10 | it; to also investigate alleged violations
of a parolee's | ||||||
| 11 | or releasee's conditions of parole or release; and for this
| ||||||
| 12 | purpose it may issue subpoenas and compel the attendance of | ||||||
| 13 | witnesses and
the production of documents only if there is | ||||||
| 14 | reason to believe that such
procedures would provide | ||||||
| 15 | evidence that such violations have occurred.
| ||||||
| 16 | If any person fails to obey a subpoena issued under | ||||||
| 17 | this subsection,
the Director may apply to any circuit | ||||||
| 18 | court to secure compliance with the
subpoena. The failure | ||||||
| 19 | to comply with the order of the court issued in
response | ||||||
| 20 | thereto shall be punishable as contempt of court.
| ||||||
| 21 | (i) To appoint and remove the chief administrative | ||||||
| 22 | officers, and
administer
programs of training and | ||||||
| 23 | development of personnel of the Department. Personnel
| ||||||
| 24 | assigned by the Department to be responsible for the
| ||||||
| 25 | custody and control of committed persons or to investigate | ||||||
| 26 | the alleged
misconduct of committed persons or employees or | ||||||
| |||||||
| |||||||
| 1 | alleged violations of a
parolee's or releasee's conditions | ||||||
| 2 | of parole shall be conservators of the peace
for those | ||||||
| 3 | purposes, and shall have the full power of peace officers | ||||||
| 4 | outside
of the facilities of the Department in the | ||||||
| 5 | protection, arrest, retaking
and reconfining of committed | ||||||
| 6 | persons or where the exercise of such power
is necessary to | ||||||
| 7 | the investigation of such misconduct or violations. This | ||||||
| 8 | subsection shall not apply to persons committed to the | ||||||
| 9 | Department of Juvenile Justice under the Juvenile Court Act | ||||||
| 10 | of 1987 on aftercare release.
| ||||||
| 11 | (j) To cooperate with other departments and agencies | ||||||
| 12 | and with local
communities for the development of standards | ||||||
| 13 | and programs for better
correctional services in this | ||||||
| 14 | State.
| ||||||
| 15 | (k) To administer all moneys and properties of the | ||||||
| 16 | Department.
| ||||||
| 17 | (l) To report annually to the Governor on the committed
| ||||||
| 18 | persons, institutions and programs of the Department.
| ||||||
| 19 | (l-5) (Blank).
| ||||||
| 20 | (m) To make all rules and regulations and exercise all | ||||||
| 21 | powers and duties
vested by law in the Department.
| ||||||
| 22 | (n) To establish rules and regulations for | ||||||
| 23 | administering a system of
sentence credits, established in | ||||||
| 24 | accordance with Section 3-6-3, subject
to review by the | ||||||
| 25 | Prisoner Review Board.
| ||||||
| 26 | (o) To administer the distribution of funds
from the | ||||||
| |||||||
| |||||||
| 1 | State Treasury to reimburse counties where State penal
| ||||||
| 2 | institutions are located for the payment of assistant | ||||||
| 3 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
| 4 | Counties Code.
| ||||||
| 5 | (p) To exchange information with the Department of | ||||||
| 6 | Human Services and the
Department of Healthcare and Family | ||||||
| 7 | Services
for the purpose of verifying living arrangements | ||||||
| 8 | and for other purposes
directly connected with the | ||||||
| 9 | administration of this Code and the Illinois
Public Aid | ||||||
| 10 | Code.
| ||||||
| 11 | (q) To establish a diversion program.
| ||||||
| 12 | The program shall provide a structured environment for | ||||||
| 13 | selected
technical parole or mandatory supervised release | ||||||
| 14 | violators and committed
persons who have violated the rules | ||||||
| 15 | governing their conduct while in work
release. This program | ||||||
| 16 | shall not apply to those persons who have committed
a new | ||||||
| 17 | offense while serving on parole or mandatory supervised | ||||||
| 18 | release or
while committed to work release.
| ||||||
| 19 | Elements of the program shall include, but shall not be | ||||||
| 20 | limited to, the
following:
| ||||||
| 21 | (1) The staff of a diversion facility shall provide | ||||||
| 22 | supervision in
accordance with required objectives set | ||||||
| 23 | by the facility.
| ||||||
| 24 | (2) Participants shall be required to maintain | ||||||
| 25 | employment.
| ||||||
| 26 | (3) Each participant shall pay for room and board | ||||||
| |||||||
| |||||||
| 1 | at the facility on a
sliding-scale basis according to | ||||||
| 2 | the participant's income.
| ||||||
| 3 | (4) Each participant shall:
| ||||||
| 4 | (A) provide restitution to victims in | ||||||
| 5 | accordance with any court order;
| ||||||
| 6 | (B) provide financial support to his | ||||||
| 7 | dependents; and
| ||||||
| 8 | (C) make appropriate payments toward any other | ||||||
| 9 | court-ordered
obligations.
| ||||||
| 10 | (5) Each participant shall complete community | ||||||
| 11 | service in addition to
employment.
| ||||||
| 12 | (6) Participants shall take part in such | ||||||
| 13 | counseling, educational and
other programs as the | ||||||
| 14 | Department may deem appropriate.
| ||||||
| 15 | (7) Participants shall submit to drug and alcohol | ||||||
| 16 | screening.
| ||||||
| 17 | (8) The Department shall promulgate rules | ||||||
| 18 | governing the administration
of the program.
| ||||||
| 19 | (r) To enter into intergovernmental cooperation | ||||||
| 20 | agreements under which
persons in the custody of the | ||||||
| 21 | Department may participate in a county impact
| ||||||
| 22 | incarceration program established under Section 3-6038 or | ||||||
| 23 | 3-15003.5 of the
Counties Code.
| ||||||
| 24 | (r-5) (Blank).
| ||||||
| 25 | (r-10) To systematically and routinely identify with | ||||||
| 26 | respect to each
streetgang active within the correctional | ||||||
| |||||||
| |||||||
| 1 | system: (1) each active gang; (2)
every existing inter-gang | ||||||
| 2 | affiliation or alliance; and (3) the current leaders
in | ||||||
| 3 | each gang. The Department shall promptly segregate leaders | ||||||
| 4 | from inmates who
belong to their gangs and allied gangs. | ||||||
| 5 | "Segregate" means no physical contact
and, to the extent | ||||||
| 6 | possible under the conditions and space available at the
| ||||||
| 7 | correctional facility, prohibition of visual and sound | ||||||
| 8 | communication. For the
purposes of this paragraph (r-10), | ||||||
| 9 | "leaders" means persons who:
| ||||||
| 10 | (i) are members of a criminal streetgang;
| ||||||
| 11 | (ii) with respect to other individuals within the | ||||||
| 12 | streetgang, occupy a
position of organizer, | ||||||
| 13 | supervisor, or other position of management or
| ||||||
| 14 | leadership; and
| ||||||
| 15 | (iii) are actively and personally engaged in | ||||||
| 16 | directing, ordering,
authorizing, or requesting | ||||||
| 17 | commission of criminal acts by others, which are
| ||||||
| 18 | punishable as a felony, in furtherance of streetgang | ||||||
| 19 | related activity both
within and outside of the | ||||||
| 20 | Department of Corrections.
| ||||||
| 21 | "Streetgang", "gang", and "streetgang related" have the | ||||||
| 22 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
| 23 | Streetgang Terrorism Omnibus Prevention
Act.
| ||||||
| 24 | (s) To operate a super-maximum security institution, | ||||||
| 25 | in order to
manage and
supervise inmates who are disruptive | ||||||
| 26 | or dangerous and provide for the safety
and security of the | ||||||
| |||||||
| |||||||
| 1 | staff and the other inmates.
| ||||||
| 2 | (t) To monitor any unprivileged conversation or any | ||||||
| 3 | unprivileged
communication, whether in person or by mail, | ||||||
| 4 | telephone, or other means,
between an inmate who, before | ||||||
| 5 | commitment to the Department, was a member of an
organized | ||||||
| 6 | gang and any other person without the need to show cause or | ||||||
| 7 | satisfy
any other requirement of law before beginning the | ||||||
| 8 | monitoring, except as
constitutionally required. The | ||||||
| 9 | monitoring may be by video, voice, or other
method of | ||||||
| 10 | recording or by any other means. As used in this | ||||||
| 11 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
| 12 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
| 13 | Terrorism Omnibus Prevention Act.
| ||||||
| 14 | As used in this subdivision (1)(t), "unprivileged | ||||||
| 15 | conversation" or
"unprivileged communication" means a | ||||||
| 16 | conversation or communication that is not
protected by any | ||||||
| 17 | privilege recognized by law or by decision, rule, or order | ||||||
| 18 | of
the Illinois Supreme Court.
| ||||||
| 19 | (u) To establish a Women's and Children's Pre-release | ||||||
| 20 | Community
Supervision
Program for the purpose of providing | ||||||
| 21 | housing and services to eligible female
inmates, as | ||||||
| 22 | determined by the Department, and their newborn and young
| ||||||
| 23 | children.
| ||||||
| 24 | (u-5) To issue an order, whenever a person committed to | ||||||
| 25 | the Department absconds or absents himself or herself, | ||||||
| 26 | without authority to do so, from any facility or program to | ||||||
| |||||||
| |||||||
| 1 | which he or she is assigned. The order shall be certified | ||||||
| 2 | by the Director, the Supervisor of the Apprehension Unit, | ||||||
| 3 | or any person duly designated by the Director, with the | ||||||
| 4 | seal of the Department affixed. The order shall be directed | ||||||
| 5 | to all sheriffs, coroners, and police officers, or to any | ||||||
| 6 | particular person named in the order. Any order issued | ||||||
| 7 | pursuant to this subdivision (1) (u-5) shall be sufficient | ||||||
| 8 | warrant for the officer or person named in the order to | ||||||
| 9 | arrest and deliver the committed person to the proper | ||||||
| 10 | correctional officials and shall be executed the same as | ||||||
| 11 | criminal process. | ||||||
| 12 | (v) To do all other acts necessary to carry out the | ||||||
| 13 | provisions
of this Chapter.
| ||||||
| 14 | (2) The Department of Corrections shall by January 1, 1998, | ||||||
| 15 | consider
building and operating a correctional facility within | ||||||
| 16 | 100 miles of a county of
over 2,000,000 inhabitants, especially | ||||||
| 17 | a facility designed to house juvenile
participants in the | ||||||
| 18 | impact incarceration program.
| ||||||
| 19 | (3) When the Department lets bids for contracts for medical
| ||||||
| 20 | services to be provided to persons committed to Department | ||||||
| 21 | facilities by
a health maintenance organization, medical | ||||||
| 22 | service corporation, or other
health care provider, the bid may | ||||||
| 23 | only be let to a health care provider
that has obtained an | ||||||
| 24 | irrevocable letter of credit or performance bond
issued by a | ||||||
| 25 | company whose bonds have an investment grade or higher rating | ||||||
| 26 | by a bond rating
organization.
| ||||||
| |||||||
| |||||||
| 1 | (4) When the Department lets bids for
contracts for food or | ||||||
| 2 | commissary services to be provided to
Department facilities, | ||||||
| 3 | the bid may only be let to a food or commissary
services | ||||||
| 4 | provider that has obtained an irrevocable letter of
credit or | ||||||
| 5 | performance bond issued by a company whose bonds have an | ||||||
| 6 | investment grade or higher rating by a bond rating | ||||||
| 7 | organization.
| ||||||
| 8 | (5) On and after the date 6 months after August 16, 2013 | ||||||
| 9 | (the effective date of Public Act 98-488), as provided in the | ||||||
| 10 | Executive Order 1 (2012) Implementation Act, all of the powers, | ||||||
| 11 | duties, rights, and responsibilities related to State | ||||||
| 12 | healthcare purchasing under this Code that were transferred | ||||||
| 13 | from the Department of Corrections to the Department of | ||||||
| 14 | Healthcare and Family Services by Executive Order 3 (2005) are | ||||||
| 15 | transferred back to the Department of Corrections; however, | ||||||
| 16 | powers, duties, rights, and responsibilities related to State | ||||||
| 17 | healthcare purchasing under this Code that were exercised by | ||||||
| 18 | the Department of Corrections before the effective date of | ||||||
| 19 | Executive Order 3 (2005) but that pertain to individuals | ||||||
| 20 | resident in facilities operated by the Department of Juvenile | ||||||
| 21 | Justice are transferred to the Department of Juvenile Justice. | ||||||
| 22 | (Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
| 23 | 101-235, eff. 1-1-20.)
| ||||||
| 24 | (730 ILCS 5/3-2.7-25) | ||||||
| 25 | Sec. 3-2.7-25. Duties and powers. | ||||||
| |||||||
| |||||||
| 1 | (a) The Independent Juvenile Ombudsman shall function | ||||||
| 2 | independently within the Department of Juvenile Justice with | ||||||
| 3 | respect to the operations of the Office in performance of his | ||||||
| 4 | or her duties under this Article and shall report to the | ||||||
| 5 | Governor. The Ombudsman shall adopt rules and standards as may | ||||||
| 6 | be
necessary or desirable to carry out his or her duties. | ||||||
| 7 | Funding
for the Office shall be designated separately within
| ||||||
| 8 | Department funds. The Department shall provide necessary | ||||||
| 9 | administrative services and facilities to the Office of the | ||||||
| 10 | Independent Juvenile Ombudsman. | ||||||
| 11 | (b) The Office of Independent Juvenile Ombudsman shall have
| ||||||
| 12 | the following duties: | ||||||
| 13 | (1) review and monitor the implementation of the rules
| ||||||
| 14 | and standards established by the Department of Juvenile
| ||||||
| 15 | Justice and evaluate the delivery of services to youth to
| ||||||
| 16 | ensure that the rights of youth are fully observed; | ||||||
| 17 | (2) provide assistance to a youth or family whom the
| ||||||
| 18 | Ombudsman determines is in need of assistance, including
| ||||||
| 19 | advocating with an agency, provider, or other person in the
| ||||||
| 20 | best interests of the youth; | ||||||
| 21 | (3) investigate and attempt to resolve complaints made | ||||||
| 22 | by or on behalf of youth, other than
complaints alleging | ||||||
| 23 | criminal behavior or violations of the State Officials and | ||||||
| 24 | Employees Ethics Act, if the Office
determines that the | ||||||
| 25 | investigation and resolution would further the purpose of | ||||||
| 26 | the Office, and: | ||||||
| |||||||
| |||||||
| 1 | (A) a youth committed to the Department of Juvenile
| ||||||
| 2 | Justice or the youth's family is in need of
assistance | ||||||
| 3 | from the Office; or | ||||||
| 4 | (B) a systemic issue in the Department of Juvenile
| ||||||
| 5 | Justice's provision of services is raised by a
| ||||||
| 6 | complaint; | ||||||
| 7 | (4) review or inspect periodically the facilities and
| ||||||
| 8 | procedures of any facility in which a youth has been placed
| ||||||
| 9 | by the Department of Juvenile Justice to ensure that the
| ||||||
| 10 | rights of youth are fully observed; and | ||||||
| 11 | (5) be accessible to and meet confidentially and
| ||||||
| 12 | regularly with youth committed to the Department and serve
| ||||||
| 13 | as a resource by informing them of pertinent laws,
rules, | ||||||
| 14 | and policies, and their rights thereunder. | ||||||
| 15 | (c) The following cases shall be reported immediately to
| ||||||
| 16 | the Director of Juvenile Justice and the Governor: | ||||||
| 17 | (1) cases of severe abuse or injury of a youth; | ||||||
| 18 | (2) serious misconduct, misfeasance, malfeasance, or
| ||||||
| 19 | serious violations of policies and procedures concerning
| ||||||
| 20 | the administration of a Department of Juvenile Justice
| ||||||
| 21 | program or operation; | ||||||
| 22 | (3) serious problems concerning the delivery of | ||||||
| 23 | services in a facility operated by or under contract with
| ||||||
| 24 | the Department of Juvenile Justice; | ||||||
| 25 | (4) interference by the Department of Juvenile Justice
| ||||||
| 26 | with an investigation conducted by the Office; and | ||||||
| |||||||
| |||||||
| 1 | (5) other cases as deemed necessary by the Ombudsman. | ||||||
| 2 | (d) Notwithstanding any other provision of law, the
| ||||||
| 3 | Ombudsman may not investigate alleged criminal behavior or | ||||||
| 4 | violations of the State Officials and Employees Ethics Act. If | ||||||
| 5 | the
Ombudsman determines that a possible criminal act has been
| ||||||
| 6 | committed, or that special expertise is required in the
| ||||||
| 7 | investigation, he or she shall immediately notify the
Illinois | ||||||
| 8 | Department of State Police. If the Ombudsman determines that a | ||||||
| 9 | possible violation of the State Officials and Employees Ethics | ||||||
| 10 | Act has occurred, he or she shall immediately refer the | ||||||
| 11 | incident to the Office of the Governor's Executive Inspector | ||||||
| 12 | General for investigation. If the Ombudsman receives a | ||||||
| 13 | complaint from a youth or third party regarding suspected abuse | ||||||
| 14 | or neglect of a child, the Ombudsman shall refer the incident | ||||||
| 15 | to the Child Abuse and Neglect Hotline or to the Illinois State | ||||||
| 16 | Police as mandated by the Abused and Neglected Child Reporting | ||||||
| 17 | Act. Any investigation conducted by the
Ombudsman shall not be | ||||||
| 18 | duplicative and shall be separate from
any investigation | ||||||
| 19 | mandated by the Abused and Neglected Child
Reporting Act.
All | ||||||
| 20 | investigations conducted by the Ombudsman shall be
conducted in | ||||||
| 21 | a manner designed to ensure the preservation of
evidence for | ||||||
| 22 | possible use in a criminal prosecution. | ||||||
| 23 | (e) In performance of his or her duties, the
Ombudsman may: | ||||||
| 24 | (1) review court files of youth; | ||||||
| 25 | (2) recommend policies, rules, and legislation
| ||||||
| 26 | designed to protect youth; | ||||||
| |||||||
| |||||||
| 1 | (3) make appropriate referrals under any of the duties
| ||||||
| 2 | and powers listed in this Section; | ||||||
| 3 | (4) attend internal administrative and disciplinary | ||||||
| 4 | hearings to ensure the rights of youth are fully observed
| ||||||
| 5 | and advocate for the best interest of youth when deemed
| ||||||
| 6 | necessary; and | ||||||
| 7 | (5) perform other acts, otherwise permitted or | ||||||
| 8 | required by law, in furtherance of the purpose of the | ||||||
| 9 | Office. | ||||||
| 10 | (f) To assess if a youth's rights have been violated, the
| ||||||
| 11 | Ombudsman may, in any matter that does not involve alleged
| ||||||
| 12 | criminal behavior, contact or consult with an administrator,
| ||||||
| 13 | employee, youth, parent, expert, or any other individual in the
| ||||||
| 14 | course of his or her investigation or to secure information as
| ||||||
| 15 | necessary to fulfill his or her duties.
| ||||||
| 16 | (Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
| ||||||
| 17 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| ||||||
| 18 | Sec. 3-3-2. Powers and duties.
| ||||||
| 19 | (a) The Parole and Pardon Board is abolished and the term | ||||||
| 20 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
| 21 | read "Prisoner Review
Board." After the effective date of this | ||||||
| 22 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
| 23 | by rule for the orderly transition of
all files, records, and | ||||||
| 24 | documents of the Parole and Pardon Board and for
such other | ||||||
| 25 | steps as may be necessary to effect an orderly transition and | ||||||
| |||||||
| |||||||
| 1 | shall:
| ||||||
| 2 | (1) hear by at least one member and through a panel of | ||||||
| 3 | at least 3 members
decide, cases of prisoners
who were | ||||||
| 4 | sentenced under the law in effect prior to the effective
| ||||||
| 5 | date of this amendatory Act of 1977, and who are eligible | ||||||
| 6 | for parole;
| ||||||
| 7 | (2) hear by at least one member and through a panel of | ||||||
| 8 | at least 3 members decide, the conditions of
parole and the | ||||||
| 9 | time of discharge from parole, impose sanctions for
| ||||||
| 10 | violations of parole, and revoke
parole for those sentenced | ||||||
| 11 | under the law in effect prior to this amendatory
Act of | ||||||
| 12 | 1977; provided that the decision to parole and the | ||||||
| 13 | conditions of
parole for all prisoners who were sentenced | ||||||
| 14 | for first degree murder or who
received a minimum sentence | ||||||
| 15 | of 20 years or more under the law in effect
prior to | ||||||
| 16 | February 1, 1978 shall be determined by a majority vote of | ||||||
| 17 | the
Prisoner Review Board. One representative supporting | ||||||
| 18 | parole and one representative opposing parole will be | ||||||
| 19 | allowed to speak. Their comments shall be limited to making | ||||||
| 20 | corrections and filling in omissions to the Board's | ||||||
| 21 | presentation and discussion;
| ||||||
| 22 | (3) hear by at least one member and through a panel of | ||||||
| 23 | at least 3 members decide, the conditions
of mandatory | ||||||
| 24 | supervised release and the time of discharge from mandatory
| ||||||
| 25 | supervised release, impose sanctions for violations of | ||||||
| 26 | mandatory
supervised release, and revoke mandatory | ||||||
| |||||||
| |||||||
| 1 | supervised release for those
sentenced under the law in | ||||||
| 2 | effect after the effective date of this
amendatory Act of | ||||||
| 3 | 1977;
| ||||||
| 4 | (3.5) hear by at least one member and through a panel | ||||||
| 5 | of at least 3 members decide, the conditions of mandatory | ||||||
| 6 | supervised release and the time of discharge from mandatory | ||||||
| 7 | supervised release, to impose sanctions for violations of | ||||||
| 8 | mandatory supervised release and revoke mandatory | ||||||
| 9 | supervised release for those serving extended supervised | ||||||
| 10 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
| 11 | of Section 5-8-1;
| ||||||
| 12 | (3.6) hear by at least one member and through a panel | ||||||
| 13 | of at least 3 members decide whether to revoke aftercare | ||||||
| 14 | release for those committed to the Department of Juvenile | ||||||
| 15 | Justice under the Juvenile Court Act of 1987; | ||||||
| 16 | (4) hear by at least one member and through a panel of | ||||||
| 17 | at least 3
members,
decide cases brought by the Department | ||||||
| 18 | of Corrections against a prisoner in
the custody of the | ||||||
| 19 | Department for alleged violation of Department rules
with | ||||||
| 20 | respect to sentence credits under Section 3-6-3 of this | ||||||
| 21 | Code
in which the Department seeks to revoke sentence | ||||||
| 22 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
| 23 | when, during any 12 month period, the
cumulative amount of | ||||||
| 24 | credit revoked exceeds 30 days except where the
infraction | ||||||
| 25 | is committed or discovered within 60 days of scheduled | ||||||
| 26 | release.
In such cases, the Department of Corrections may | ||||||
| |||||||
| |||||||
| 1 | revoke up to 30 days of
sentence credit. The Board may | ||||||
| 2 | subsequently approve the revocation of
additional sentence | ||||||
| 3 | credit, if the Department seeks to revoke sentence credit | ||||||
| 4 | in excess of thirty days. However, the Board shall not be
| ||||||
| 5 | empowered to review the Department's decision with respect | ||||||
| 6 | to the loss of
30 days of sentence credit for any prisoner | ||||||
| 7 | or to increase any penalty
beyond the length requested by | ||||||
| 8 | the Department;
| ||||||
| 9 | (5) hear by at least one member and through a panel of | ||||||
| 10 | at least 3
members decide, the
release dates for certain | ||||||
| 11 | prisoners sentenced under the law in existence
prior to the | ||||||
| 12 | effective date of this amendatory Act of 1977, in
| ||||||
| 13 | accordance with Section 3-3-2.1 of this Code;
| ||||||
| 14 | (6) hear by at least one member and through a panel of | ||||||
| 15 | at least 3 members
decide, all requests for pardon, | ||||||
| 16 | reprieve or commutation, and make confidential
| ||||||
| 17 | recommendations to the Governor;
| ||||||
| 18 | (6.5) hear by at least one member who is qualified in | ||||||
| 19 | the field of juvenile matters and through a panel of at | ||||||
| 20 | least 3 members, 2 of whom are qualified in the field of | ||||||
| 21 | juvenile matters, decide parole review cases in accordance | ||||||
| 22 | with Section 5-4.5-115 of this Code and make release | ||||||
| 23 | determinations of persons under the age of 21 at the time | ||||||
| 24 | of the commission of an offense or offenses, other than | ||||||
| 25 | those persons serving sentences for first degree murder or | ||||||
| 26 | aggravated criminal sexual assault; | ||||||
| |||||||
| |||||||
| 1 | (6.6) hear by at least a quorum of
the Prisoner Review | ||||||
| 2 | Board and decide by a majority of members present at the | ||||||
| 3 | hearing, in accordance with Section 5-4.5-115 of this
Code, | ||||||
| 4 | release determinations of persons under the age of 21 at | ||||||
| 5 | the
time of the commission of an offense or offenses of | ||||||
| 6 | those persons serving
sentences for first degree murder or | ||||||
| 7 | aggravated criminal sexual assault; | ||||||
| 8 | (7) comply with the requirements of the Open Parole | ||||||
| 9 | Hearings Act;
| ||||||
| 10 | (8) hear by at least one member and, through a panel of | ||||||
| 11 | at least 3
members, decide cases brought by the Department | ||||||
| 12 | of Corrections against a
prisoner in the custody of the | ||||||
| 13 | Department for court dismissal of a frivolous
lawsuit | ||||||
| 14 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
| 15 | Department seeks
to revoke up to 180 days of sentence | ||||||
| 16 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
| 17 | sentence credit at the time of the dismissal, then
all | ||||||
| 18 | sentence credit accumulated by the prisoner shall be | ||||||
| 19 | revoked;
| ||||||
| 20 | (9) hear by at least 3 members, and, through a panel of | ||||||
| 21 | at least 3
members, decide whether to grant certificates of | ||||||
| 22 | relief from
disabilities or certificates of good conduct as | ||||||
| 23 | provided in Article 5.5 of
Chapter V; | ||||||
| 24 | (10) upon a petition by a person who has been convicted | ||||||
| 25 | of a Class 3 or Class 4 felony and who meets the | ||||||
| 26 | requirements of this paragraph, hear by at least 3 members | ||||||
| |||||||
| |||||||
| 1 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
| 2 | a certificate of eligibility for sealing recommending that | ||||||
| 3 | the court order the sealing of all official
records of the | ||||||
| 4 | arresting authority, the circuit court clerk, and the | ||||||
| 5 | Illinois Department of State Police concerning the arrest | ||||||
| 6 | and conviction for the Class 3 or 4 felony. A person may | ||||||
| 7 | not apply to the Board for a certificate of eligibility for | ||||||
| 8 | sealing: | ||||||
| 9 | (A) until 5 years have elapsed since the expiration | ||||||
| 10 | of his or her sentence; | ||||||
| 11 | (B) until 5 years have elapsed since any arrests or | ||||||
| 12 | detentions by a law enforcement officer for an alleged | ||||||
| 13 | violation of law, other than a petty offense, traffic | ||||||
| 14 | offense, conservation offense, or local ordinance | ||||||
| 15 | offense; | ||||||
| 16 | (C) if convicted of a violation of the Cannabis | ||||||
| 17 | Control Act, Illinois Controlled Substances Act, the | ||||||
| 18 | Methamphetamine Control and Community Protection Act, | ||||||
| 19 | the Methamphetamine Precursor Control Act, or the | ||||||
| 20 | Methamphetamine Precursor Tracking Act unless the | ||||||
| 21 | petitioner has completed a drug abuse program for the | ||||||
| 22 | offense on which sealing is sought and provides proof | ||||||
| 23 | that he or she has completed the program successfully; | ||||||
| 24 | (D) if convicted of: | ||||||
| 25 | (i) a sex offense described in Article 11 or | ||||||
| 26 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
| |||||||
| |||||||
| 1 | the Criminal Code of 1961 or the Criminal Code of | ||||||
| 2 | 2012; | ||||||
| 3 | (ii) aggravated assault; | ||||||
| 4 | (iii) aggravated battery; | ||||||
| 5 | (iv) domestic battery; | ||||||
| 6 | (v) aggravated domestic battery; | ||||||
| 7 | (vi) violation of an order of protection; | ||||||
| 8 | (vii) an offense under the Criminal Code of | ||||||
| 9 | 1961 or the Criminal Code of 2012 involving a | ||||||
| 10 | firearm; | ||||||
| 11 | (viii) driving while under the influence of | ||||||
| 12 | alcohol, other drug or drugs, intoxicating | ||||||
| 13 | compound or compounds or any combination thereof; | ||||||
| 14 | (ix) aggravated driving while under the | ||||||
| 15 | influence of alcohol, other drug or drugs, | ||||||
| 16 | intoxicating compound or compounds or any | ||||||
| 17 | combination thereof; or | ||||||
| 18 | (x) any crime defined as a crime of violence | ||||||
| 19 | under Section 2 of the Crime Victims Compensation | ||||||
| 20 | Act. | ||||||
| 21 | If a person has applied to the Board for a certificate | ||||||
| 22 | of eligibility for sealing and the Board denies the | ||||||
| 23 | certificate, the person must wait at least 4 years before | ||||||
| 24 | filing again or filing for pardon from the Governor unless | ||||||
| 25 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
| 26 | The decision to issue or refrain from issuing a | ||||||
| |||||||
| |||||||
| 1 | certificate of eligibility for sealing shall be at the | ||||||
| 2 | Board's sole discretion, and shall not give rise to any | ||||||
| 3 | cause of action against either the Board or its members. | ||||||
| 4 | The Board may only authorize the sealing of Class 3 and | ||||||
| 5 | 4 felony convictions of the petitioner from one information | ||||||
| 6 | or indictment under this paragraph (10). A petitioner may | ||||||
| 7 | only receive one certificate of eligibility for sealing | ||||||
| 8 | under this provision for life; and
| ||||||
| 9 | (11) upon a petition by a person who after having been | ||||||
| 10 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
| 11 | in the United States Armed Forces or National Guard of this | ||||||
| 12 | or any other state and had received an honorable discharge | ||||||
| 13 | from the United States Armed Forces or National Guard or | ||||||
| 14 | who at the time of filing the petition is enlisted in the | ||||||
| 15 | United States Armed Forces or National Guard of this or any | ||||||
| 16 | other state and served one tour of duty and who meets the | ||||||
| 17 | requirements of this paragraph, hear by at least 3 members | ||||||
| 18 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
| 19 | a certificate of eligibility for expungement recommending | ||||||
| 20 | that the court order the expungement of all official
| ||||||
| 21 | records of the arresting authority, the circuit court | ||||||
| 22 | clerk, and the Illinois Department of State Police | ||||||
| 23 | concerning the arrest and conviction for the Class 3 or 4 | ||||||
| 24 | felony. A person may not apply to the Board for a | ||||||
| 25 | certificate of eligibility for expungement: | ||||||
| 26 | (A) if convicted of: | ||||||
| |||||||
| |||||||
| 1 | (i) a sex offense described in Article 11 or | ||||||
| 2 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
| 3 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
| 4 | (ii) an offense under the Criminal Code of 1961 | ||||||
| 5 | or Criminal Code of 2012 involving a firearm; or | ||||||
| 6 | (iii) a crime of violence as defined in Section | ||||||
| 7 | 2 of the Crime Victims Compensation Act; or | ||||||
| 8 | (B) if the person has not served in the United | ||||||
| 9 | States Armed Forces or National Guard of this or any | ||||||
| 10 | other state or has not received an honorable discharge | ||||||
| 11 | from the United States Armed Forces or National Guard | ||||||
| 12 | of this or any other state or who at the time of the | ||||||
| 13 | filing of the petition is serving in the United States | ||||||
| 14 | Armed Forces or National Guard of this or any other | ||||||
| 15 | state and has not completed one tour of duty. | ||||||
| 16 | If a person has applied to the Board for a certificate | ||||||
| 17 | of eligibility for expungement and the Board denies the | ||||||
| 18 | certificate, the person must wait at least 4 years before | ||||||
| 19 | filing again or filing for a pardon with authorization for | ||||||
| 20 | expungement from the Governor unless the Governor or | ||||||
| 21 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
| 22 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
| 23 | and in
coordination with the Department of Corrections and the | ||||||
| 24 | Department of Central
Management Services, shall implement a | ||||||
| 25 | pilot project in 3 correctional
institutions providing for the | ||||||
| 26 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
| |||||||
| |||||||
| 1 | (a) of this Section through interactive video conferences.
The
| ||||||
| 2 | project shall be implemented within 6 months after the | ||||||
| 3 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
| 4 | after the implementation of the pilot
project, the Prisoner | ||||||
| 5 | Review Board, with the cooperation of and in coordination
with | ||||||
| 6 | the Department of Corrections and the Department of Central | ||||||
| 7 | Management
Services, shall report to the Governor and the | ||||||
| 8 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
| 9 | future viability of interactive video
conferences for Prisoner | ||||||
| 10 | Review Board hearings.
| ||||||
| 11 | (b) Upon recommendation of the Department the Board may | ||||||
| 12 | restore sentence credit previously revoked.
| ||||||
| 13 | (c) The Board shall cooperate with the Department in | ||||||
| 14 | promoting an
effective system of parole and mandatory | ||||||
| 15 | supervised release.
| ||||||
| 16 | (d) The Board shall promulgate rules for the conduct of its | ||||||
| 17 | work,
and the Chairman shall file a copy of such rules and any | ||||||
| 18 | amendments
thereto with the Director and with the Secretary of | ||||||
| 19 | State.
| ||||||
| 20 | (e) The Board shall keep records of all of its official | ||||||
| 21 | actions and
shall make them accessible in accordance with law | ||||||
| 22 | and the rules of the
Board.
| ||||||
| 23 | (f) The Board or one who has allegedly violated the | ||||||
| 24 | conditions of
his or her parole, aftercare release, or | ||||||
| 25 | mandatory supervised release may require by subpoena the
| ||||||
| 26 | attendance and testimony of witnesses and the production of | ||||||
| |||||||
| |||||||
| 1 | documentary
evidence relating to any matter under | ||||||
| 2 | investigation or hearing. The
Chairman of the Board may sign | ||||||
| 3 | subpoenas which shall be served by any
agent or public official | ||||||
| 4 | authorized by the Chairman of the Board, or by
any person | ||||||
| 5 | lawfully authorized to serve a subpoena under the laws of the
| ||||||
| 6 | State of Illinois. The attendance of witnesses, and the | ||||||
| 7 | production of
documentary evidence, may be required from any | ||||||
| 8 | place in the State to a
hearing location in the State before | ||||||
| 9 | the Chairman of the Board or his or her
designated agent or | ||||||
| 10 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
| 11 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
| 12 | mileage that are paid witnesses in the circuit courts of the
| ||||||
| 13 | State, and witnesses whose depositions are taken and the | ||||||
| 14 | persons taking
those depositions are each entitled to the same | ||||||
| 15 | fees as are paid for
like services in actions in the circuit | ||||||
| 16 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
| 17 | payment when the witness is discharged
from further attendance.
| ||||||
| 18 | In case of disobedience to a subpoena, the Board may | ||||||
| 19 | petition any
circuit court of the State for an order requiring | ||||||
| 20 | the attendance and
testimony of witnesses or the production of | ||||||
| 21 | documentary evidence or
both. A copy of such petition shall be | ||||||
| 22 | served by personal service or by
registered or certified mail | ||||||
| 23 | upon the person who has failed to obey the
subpoena, and such | ||||||
| 24 | person shall be advised in writing that a hearing
upon the | ||||||
| 25 | petition will be requested in a court room to be designated in
| ||||||
| 26 | such notice before the judge hearing motions or extraordinary | ||||||
| |||||||
| |||||||
| 1 | remedies
at a specified time, on a specified date, not less | ||||||
| 2 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
| 3 | the written notice and petition
in the U.S. mails addressed to | ||||||
| 4 | the person at his last known address or
after the personal | ||||||
| 5 | service of the copy of the notice and petition upon
such | ||||||
| 6 | person. The court upon the filing of such a petition, may order | ||||||
| 7 | the
person refusing to obey the subpoena to appear at an | ||||||
| 8 | investigation or
hearing, or to there produce documentary | ||||||
| 9 | evidence, if so ordered, or to
give evidence relative to the | ||||||
| 10 | subject matter of that investigation or
hearing. Any failure to | ||||||
| 11 | obey such order of the circuit court may be
punished by that | ||||||
| 12 | court as a contempt of court.
| ||||||
| 13 | Each member of the Board and any hearing officer designated | ||||||
| 14 | by the
Board shall have the power to administer oaths and to | ||||||
| 15 | take the testimony
of persons under oath.
| ||||||
| 16 | (g) Except under subsection (a) of this Section, a majority | ||||||
| 17 | of the
members then appointed to the Prisoner Review Board | ||||||
| 18 | shall constitute a
quorum for the transaction of all business | ||||||
| 19 | of the Board.
| ||||||
| 20 | (h) The Prisoner Review Board shall annually transmit to | ||||||
| 21 | the
Director a detailed report of its work for the preceding | ||||||
| 22 | calendar year.
The annual report shall also be transmitted to | ||||||
| 23 | the Governor for
submission to the Legislature.
| ||||||
| 24 | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
| ||||||
| 25 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3-14-1. Release from the institution.
| ||||||
| 2 | (a) Upon release of a person on parole, mandatory release, | ||||||
| 3 | final
discharge or pardon the Department shall return all | ||||||
| 4 | property held for
him, provide him with suitable clothing and | ||||||
| 5 | procure necessary
transportation for him to his designated | ||||||
| 6 | place of residence and
employment. It may provide such person | ||||||
| 7 | with a grant of money for travel and
expenses which may be paid | ||||||
| 8 | in installments. The amount of the money grant
shall be | ||||||
| 9 | determined by the Department.
| ||||||
| 10 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
| 11 | person, as defined in Section 3-1-2 of this Code, is discharged | ||||||
| 12 | from the Department, provide him or her with any documents | ||||||
| 13 | necessary after discharge. | ||||||
| 14 | (a-2) The Department of Corrections may establish and | ||||||
| 15 | maintain, in any institution
it administers, revolving funds to | ||||||
| 16 | be known as "Travel and Allowances Revolving
Funds". These | ||||||
| 17 | revolving funds shall be used for advancing travel and expense
| ||||||
| 18 | allowances to committed, paroled, and discharged prisoners. | ||||||
| 19 | The moneys
paid into such revolving funds shall be from | ||||||
| 20 | appropriations to the Department
for Committed, Paroled, and | ||||||
| 21 | Discharged Prisoners.
| ||||||
| 22 | (a-3) Upon release of a person who is eligible to vote on | ||||||
| 23 | parole, mandatory release, final discharge, or pardon, the | ||||||
| 24 | Department shall provide the person with a form that informs | ||||||
| 25 | him or her that his or her voting rights have been restored and | ||||||
| 26 | a voter registration application. The Department shall have | ||||||
| |||||||
| |||||||
| 1 | available voter registration applications in the languages | ||||||
| 2 | provided by the Illinois State Board of Elections. The form | ||||||
| 3 | that informs the person that his or her rights have been | ||||||
| 4 | restored shall include the following information: | ||||||
| 5 | (1) All voting rights are restored upon release from | ||||||
| 6 | the Department's custody. | ||||||
| 7 | (2) A person who is eligible to vote must register in | ||||||
| 8 | order to be able to vote. | ||||||
| 9 | The Department of Corrections shall confirm that the person | ||||||
| 10 | received the voter registration application and has been | ||||||
| 11 | informed that his or her voting rights have been restored. | ||||||
| 12 | (a-4) (a-3) Prior to release of a person on parole, | ||||||
| 13 | mandatory supervised release, final discharge, or pardon, the | ||||||
| 14 | Department shall screen every person for Medicaid eligibility. | ||||||
| 15 | Officials of the correctional institution or facility where the | ||||||
| 16 | committed person is assigned shall assist an eligible person to | ||||||
| 17 | complete a Medicaid application to ensure that the person | ||||||
| 18 | begins receiving benefits as soon as possible after his or her | ||||||
| 19 | release. The application must include the eligible person's | ||||||
| 20 | address associated with his or her residence upon release from | ||||||
| 21 | the facility. If the residence is temporary, the eligible | ||||||
| 22 | person must notify the Department of Human Services of his or | ||||||
| 23 | her change in address upon transition to permanent housing. | ||||||
| 24 | (b) (Blank).
| ||||||
| 25 | (c) Except as otherwise provided in this Code, the | ||||||
| 26 | Department shall
establish procedures to provide written | ||||||
| |||||||
| |||||||
| 1 | notification of any release of any
person who has been | ||||||
| 2 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
| 3 | the county from which the offender was committed, and the
| ||||||
| 4 | State's Attorney and sheriff of the county into which the | ||||||
| 5 | offender is to be
paroled or released. Except as otherwise | ||||||
| 6 | provided in this Code, the
Department shall establish | ||||||
| 7 | procedures to provide written notification to
the proper law | ||||||
| 8 | enforcement agency for any municipality of any release of any
| ||||||
| 9 | person who has been convicted of a felony if the arrest of the | ||||||
| 10 | offender or the
commission of the offense took place in the | ||||||
| 11 | municipality, if the offender is to
be paroled or released into | ||||||
| 12 | the municipality, or if the offender resided in the
| ||||||
| 13 | municipality at the time of the commission of the offense. If a | ||||||
| 14 | person
convicted of a felony who is in the custody of the | ||||||
| 15 | Department of Corrections or
on parole or mandatory supervised | ||||||
| 16 | release informs the Department that he or she
has resided, | ||||||
| 17 | resides, or will
reside at an address that is a housing | ||||||
| 18 | facility owned, managed,
operated, or leased by a public | ||||||
| 19 | housing agency, the Department must send
written notification | ||||||
| 20 | of that information to the public housing agency that
owns, | ||||||
| 21 | manages, operates, or leases the housing facility. The written
| ||||||
| 22 | notification shall, when possible, be given at least 14 days | ||||||
| 23 | before release of
the person from custody, or as soon | ||||||
| 24 | thereafter as possible. The written notification shall be | ||||||
| 25 | provided electronically if the State's Attorney, sheriff, | ||||||
| 26 | proper law enforcement agency, or public housing agency has | ||||||
| |||||||
| |||||||
| 1 | provided the Department with an accurate and up to date email | ||||||
| 2 | address.
| ||||||
| 3 | (c-1) (Blank). | ||||||
| 4 | (c-2) The Department shall establish procedures to provide | ||||||
| 5 | notice to the Illinois Department of State Police of the | ||||||
| 6 | release or discharge of persons convicted of violations of the | ||||||
| 7 | Methamphetamine Control and Community
Protection Act or a | ||||||
| 8 | violation of the Methamphetamine Precursor Control Act. The | ||||||
| 9 | Illinois Department of State Police shall make this information | ||||||
| 10 | available to local, State, or federal law enforcement agencies | ||||||
| 11 | upon request. | ||||||
| 12 | (c-5) If a person on parole or mandatory supervised release | ||||||
| 13 | becomes a resident of a facility licensed or regulated by the | ||||||
| 14 | Department of Public Health, the Illinois Department of Public | ||||||
| 15 | Aid, or the Illinois Department of Human Services, the | ||||||
| 16 | Department of Corrections shall provide copies of the following | ||||||
| 17 | information to the appropriate licensing or regulating | ||||||
| 18 | Department and the licensed or regulated facility where the | ||||||
| 19 | person becomes a resident: | ||||||
| 20 | (1) The mittimus and any pre-sentence investigation | ||||||
| 21 | reports. | ||||||
| 22 | (2) The social evaluation prepared pursuant to Section | ||||||
| 23 | 3-8-2. | ||||||
| 24 | (3) Any pre-release evaluation conducted pursuant to | ||||||
| 25 | subsection (j) of Section 3-6-2. | ||||||
| 26 | (4) Reports of disciplinary infractions and | ||||||
| |||||||
| |||||||
| 1 | dispositions. | ||||||
| 2 | (5) Any parole plan, including orders issued by the | ||||||
| 3 | Prisoner Review Board, and any violation reports and | ||||||
| 4 | dispositions. | ||||||
| 5 | (6) The name and contact information for the assigned | ||||||
| 6 | parole agent and parole supervisor.
| ||||||
| 7 | This information shall be provided within 3 days of the | ||||||
| 8 | person becoming a resident of the facility.
| ||||||
| 9 | (c-10) If a person on parole or mandatory supervised | ||||||
| 10 | release becomes a resident of a facility licensed or regulated | ||||||
| 11 | by the Department of Public Health, the Illinois Department of | ||||||
| 12 | Public Aid, or the Illinois Department of Human Services, the | ||||||
| 13 | Department of Corrections shall provide written notification | ||||||
| 14 | of such residence to the following: | ||||||
| 15 | (1) The Prisoner Review Board. | ||||||
| 16 | (2) The
chief of police and sheriff in the municipality | ||||||
| 17 | and county in which the licensed facility is located. | ||||||
| 18 | The notification shall be provided within 3 days of the | ||||||
| 19 | person becoming a resident of the facility.
| ||||||
| 20 | (d) Upon the release of a committed person on parole, | ||||||
| 21 | mandatory
supervised release, final discharge or pardon, the | ||||||
| 22 | Department shall provide
such person with information | ||||||
| 23 | concerning programs and services of the
Illinois Department of | ||||||
| 24 | Public Health to ascertain whether such person has
been exposed | ||||||
| 25 | to the human immunodeficiency virus (HIV) or any identified
| ||||||
| 26 | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| ||||||
| |||||||
| |||||||
| 1 | (e) Upon the release of a committed person on parole, | ||||||
| 2 | mandatory supervised
release, final discharge, pardon, or who | ||||||
| 3 | has been wrongfully imprisoned, the Department shall verify the | ||||||
| 4 | released person's full name, date of birth, and social security | ||||||
| 5 | number. If verification is made by the Department by obtaining | ||||||
| 6 | a certified copy of the released person's birth certificate and | ||||||
| 7 | the released person's social security card or other documents | ||||||
| 8 | authorized by the Secretary, the Department shall provide the | ||||||
| 9 | birth certificate and social security card or other documents | ||||||
| 10 | authorized by the Secretary to the released person. If | ||||||
| 11 | verification by the Department is done by means other than | ||||||
| 12 | obtaining a certified copy of the released person's birth | ||||||
| 13 | certificate and the released person's social security card or | ||||||
| 14 | other documents authorized by the Secretary, the Department | ||||||
| 15 | shall complete a verification form, prescribed by the Secretary | ||||||
| 16 | of State, and shall provide that verification form to the | ||||||
| 17 | released person.
| ||||||
| 18 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
| 19 | person committed to the custody of the Department of | ||||||
| 20 | Corrections, the Department shall give the person who is | ||||||
| 21 | otherwise uninsured an opportunity to apply for health care | ||||||
| 22 | coverage including medical assistance under Article V of the | ||||||
| 23 | Illinois Public Aid Code in accordance with subsection (b) of | ||||||
| 24 | Section 1-8.5 of the Illinois Public Aid Code, and the | ||||||
| 25 | Department of Corrections shall provide assistance with | ||||||
| 26 | completion of the application for health care coverage | ||||||
| |||||||
| |||||||
| 1 | including medical assistance. The Department may adopt rules to | ||||||
| 2 | implement this Section. | ||||||
| 3 | (Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20; | ||||||
| 4 | revised 9-9-19.)
| ||||||
| 5 | (730 ILCS 5/3-14-1.5)
| ||||||
| 6 | Sec. 3-14-1.5. Parole agents and parole supervisors; | ||||||
| 7 | off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and | ||||||
| 8 | Section 24-1.6 of the Criminal Code of 2012 do not apply to | ||||||
| 9 | parole agents and parole supervisors who meet the following | ||||||
| 10 | conditions: | ||||||
| 11 | (1) The parole agent or parole supervisor must receive | ||||||
| 12 | training in the use of firearms while off-duty conducted by the | ||||||
| 13 | Illinois Law Enforcement Training Standards Board and be | ||||||
| 14 | certified as having successfully completing such training by | ||||||
| 15 | the Board. The Board shall determine the amount of such | ||||||
| 16 | training and the course content for such training. The parole | ||||||
| 17 | agent or parole supervisor shall requalify for the firearms | ||||||
| 18 | training annually at a State range certified by the Illinois | ||||||
| 19 | Law Enforcement Training Standards Board. The expenses of such | ||||||
| 20 | retraining shall be paid by the parole agent or parole | ||||||
| 21 | supervisor and moneys for such requalification shall be | ||||||
| 22 | expended at the request of the Illinois Law Enforcement | ||||||
| 23 | Training Standards Board. | ||||||
| 24 | (2) The parole agent or parole supervisor shall purchase | ||||||
| 25 | such firearm at his or her own expense and shall register the | ||||||
| |||||||
| |||||||
| 1 | firearm with the Illinois Department of State Police and with | ||||||
| 2 | any other local law enforcement agencies that require such | ||||||
| 3 | registration. | ||||||
| 4 | (3) The parole agent or parole supervisor may not carry any | ||||||
| 5 | Illinois Department of Corrections State issued firearm while | ||||||
| 6 | off-duty. A person who violates this paragraph (3) is subject | ||||||
| 7 | to disciplinary action by the Illinois Department of | ||||||
| 8 | Corrections. | ||||||
| 9 | (4) Parole agents and supervisors who are discharged from | ||||||
| 10 | employment of the Illinois Department of Corrections shall no | ||||||
| 11 | longer be considered law enforcement officials and all their | ||||||
| 12 | rights as law enforcement officials shall be revoked | ||||||
| 13 | permanently.
| ||||||
| 14 | (Source: P.A. 96-230, eff. 1-1-10; 97-333, eff. 8-12-11; | ||||||
| 15 | 97-1150, eff. 1-25-13.)
| ||||||
| 16 | (730 ILCS 5/3-17-5)
| ||||||
| 17 | Sec. 3-17-5. Transitional housing; licensing. | ||||||
| 18 | (a) The Department of Corrections shall license | ||||||
| 19 | transitional housing facilities for persons convicted of or | ||||||
| 20 | placed on supervision for sex offenses as defined in the Sex | ||||||
| 21 | Offender Management Board Act. | ||||||
| 22 | (b) A transitional housing facility must meet the following | ||||||
| 23 | criteria to be licensed by the Department: | ||||||
| 24 | (1) The facility shall provide housing to a sex | ||||||
| 25 | offender who is in compliance with his or her parole, | ||||||
| |||||||
| |||||||
| 1 | mandatory supervised release, probation, or supervision | ||||||
| 2 | order for a period not to exceed 90 days, unless extended | ||||||
| 3 | with approval from the Director or his or her designee. | ||||||
| 4 | Notice of any extension approved shall be provided to the | ||||||
| 5 | Prisoner Review Board. | ||||||
| 6 | (2) The Department of Corrections must approve a | ||||||
| 7 | treatment plan and counseling for each sex offender | ||||||
| 8 | residing in the transitional housing. | ||||||
| 9 | (3) The transitional housing facility must provide | ||||||
| 10 | security 24 hours each day and 7 days each week as defined | ||||||
| 11 | and approved by the Department. | ||||||
| 12 | (4) The facility must notify the police department, | ||||||
| 13 | public and private elementary and secondary schools, | ||||||
| 14 | public libraries, and each residential home and apartment | ||||||
| 15 | complex located within 500 feet of the transitional housing | ||||||
| 16 | facility of its initial licensure as a transitional housing | ||||||
| 17 | facility, and of its continuing operation as a transitional | ||||||
| 18 | housing facility annually thereafter. | ||||||
| 19 | (5) Upon its initial licensure as a transitional | ||||||
| 20 | housing facility and during its licensure, each facility | ||||||
| 21 | shall maintain at its main entrance a visible and | ||||||
| 22 | conspicuous exterior sign identifying itself as, in | ||||||
| 23 | letters at least 4 inches tall, a "Department of | ||||||
| 24 | Corrections Licensed Transitional Housing Facility". | ||||||
| 25 | (6) Upon its initial licensure as a transitional | ||||||
| 26 | housing facility, each facility shall file in the office of | ||||||
| |||||||
| |||||||
| 1 | the county clerk of the county in which such facility is | ||||||
| 2 | located, a certificate setting forth the name under which | ||||||
| 3 | the facility is, or is to be, operated, and the true or | ||||||
| 4 | real full name or names of the person, persons or entity | ||||||
| 5 | operating the same, with the address of the facility. The | ||||||
| 6 | certificate shall be executed and duly acknowledged by the | ||||||
| 7 | person or persons so operating or intending to operate the | ||||||
| 8 | facility. Notice of the filing of the certificate shall be | ||||||
| 9 | published in a newspaper of general circulation published | ||||||
| 10 | within the county in which the certificate is filed. The | ||||||
| 11 | notice shall be published once a week for 3 consecutive | ||||||
| 12 | weeks. The first publication shall be within 15 days after | ||||||
| 13 | the certificate is filed in the office of the county clerk. | ||||||
| 14 | Proof of publication shall be filed with the county clerk | ||||||
| 15 | within 50 days from the date of filing the certificate. | ||||||
| 16 | Upon receiving proof of publication, the clerk shall issue | ||||||
| 17 | a receipt to the person filing the certificate, but no | ||||||
| 18 | additional charge shall be assessed by the clerk for giving | ||||||
| 19 | such receipt. Unless proof of publication is made to the | ||||||
| 20 | clerk, the notification is void. | ||||||
| 21 | (7) Each licensed transitional housing facility shall | ||||||
| 22 | be identified on the Illinois State Police Sex Offender | ||||||
| 23 | Registry website, including the address of the facility | ||||||
| 24 | together with the maximum possible number of sex offenders | ||||||
| 25 | that the facility could house. | ||||||
| 26 | (c) The Department of Corrections shall establish rules | ||||||
| |||||||
| |||||||
| 1 | consistent with this Section establishing licensing procedures | ||||||
| 2 | and criteria for transitional housing facilities for sex | ||||||
| 3 | offenders, and may create criteria for, and issue licenses for, | ||||||
| 4 | different levels of facilities to be licensed. The Department | ||||||
| 5 | is authorized to set and charge a licensing fee for each | ||||||
| 6 | application for a transitional housing license. The rules shall | ||||||
| 7 | be adopted within 60 days after the effective date of this | ||||||
| 8 | amendatory Act of the 94th General Assembly. Facilities which | ||||||
| 9 | on the effective date of this amendatory Act of the 94th | ||||||
| 10 | General Assembly are currently housing and providing sex | ||||||
| 11 | offender treatment to sex offenders may continue housing more | ||||||
| 12 | than one sex offender on parole, mandatory supervised release, | ||||||
| 13 | probation, or supervision for a period of 120 days after the | ||||||
| 14 | adoption of licensure rules during which time the facility | ||||||
| 15 | shall apply for a transitional housing license.
| ||||||
| 16 | (d) The Department of Corrections shall maintain a file on | ||||||
| 17 | each sex offender housed in a transitional housing facility. | ||||||
| 18 | The file shall contain efforts of the Department in placing a | ||||||
| 19 | sex offender in non-transitional housing, efforts of the | ||||||
| 20 | Department to place the sex offender in a county from which he | ||||||
| 21 | or she was convicted, the anticipated length of stay of each | ||||||
| 22 | sex offender in the transitional housing facility, the number | ||||||
| 23 | of sex offenders residing in the transitional housing facility, | ||||||
| 24 | and the services to be provided the sex offender while he or | ||||||
| 25 | she resides in the transitional housing facility.
| ||||||
| 26 | (e) The Department of Corrections shall, on or before | ||||||
| |||||||
| |||||||
| 1 | December 31 of each year, file a report with the General | ||||||
| 2 | Assembly on the number of transitional housing facilities for | ||||||
| 3 | sex offenders licensed by the Department, the addresses of each | ||||||
| 4 | licensed facility, how many sex offenders are housed in each | ||||||
| 5 | facility, and the particular sex offense that each resident of | ||||||
| 6 | the transitional housing facility committed.
| ||||||
| 7 | (Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.)
| ||||||
| 8 | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| ||||||
| 9 | Sec. 5-2-4. Proceedings after acquittal by reason of | ||||||
| 10 | insanity.
| ||||||
| 11 | (a) After a finding or verdict of not guilty by reason of | ||||||
| 12 | insanity
under Sections 104-25, 115-3, or 115-4 of the Code of | ||||||
| 13 | Criminal Procedure
of 1963, the defendant shall be ordered to | ||||||
| 14 | the Department of Human Services for
an evaluation as to
| ||||||
| 15 | whether he is in need of mental health
services. The order
| ||||||
| 16 | shall specify whether the evaluation shall be conducted on an | ||||||
| 17 | inpatient or
outpatient basis. If the evaluation is to be | ||||||
| 18 | conducted on an inpatient
basis, the defendant shall be placed | ||||||
| 19 | in a secure setting. With the court order for evaluation shall | ||||||
| 20 | be sent a copy of the arrest report, criminal charges, arrest | ||||||
| 21 | record, jail record, any report prepared under Section 115-6 of | ||||||
| 22 | the Code of Criminal Procedure of 1963, and any statement | ||||||
| 23 | prepared under Section 6 of the Rights of Crime Victims and | ||||||
| 24 | Witnesses Act. The clerk of the circuit court shall transmit | ||||||
| 25 | this information to the Department within 5 days. If the court | ||||||
| |||||||
| |||||||
| 1 | orders that the evaluation be done on an inpatient basis, the | ||||||
| 2 | Department shall evaluate the defendant to determine to which | ||||||
| 3 | secure facility the defendant shall be transported and, within | ||||||
| 4 | 20 days of the transmittal by the clerk of the circuit court of | ||||||
| 5 | the placement court order, notify the sheriff of the designated | ||||||
| 6 | facility. Upon receipt of that notice, the sheriff shall | ||||||
| 7 | promptly transport the defendant to the designated facility. | ||||||
| 8 | During
the period of time required to
determine the appropriate | ||||||
| 9 | placement, the defendant shall
remain in jail. If, within 20 | ||||||
| 10 | days of the transmittal by the clerk of the circuit court of | ||||||
| 11 | the placement court order, the Department fails to notify the | ||||||
| 12 | sheriff of the identity of the facility to which the defendant | ||||||
| 13 | shall be transported, the sheriff shall contact a designated | ||||||
| 14 | person within the Department to inquire about when a placement | ||||||
| 15 | will become available at the designated facility and bed | ||||||
| 16 | availability at other facilities. If, within
20 days of the | ||||||
| 17 | transmittal by the clerk of the circuit court of the placement | ||||||
| 18 | court order, the Department
fails to notify the sheriff of the | ||||||
| 19 | identity of the facility to
which the defendant shall be | ||||||
| 20 | transported, the sheriff shall
notify the Department of its | ||||||
| 21 | intent to transfer the defendant to the nearest secure mental | ||||||
| 22 | health facility operated by the Department and inquire as to | ||||||
| 23 | the status of the placement evaluation and availability for | ||||||
| 24 | admission to the facility operated by the Department by | ||||||
| 25 | contacting a designated person within the Department. The | ||||||
| 26 | Department shall respond to the sheriff within 2 business days | ||||||
| |||||||
| |||||||
| 1 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
| 2 | and the Department shall provide the sheriff with the status of | ||||||
| 3 | the placement evaluation, information on bed and placement | ||||||
| 4 | availability, and an estimated date of admission for the | ||||||
| 5 | defendant and any changes to that estimated date of admission. | ||||||
| 6 | If the Department notifies the sheriff during the 2 business | ||||||
| 7 | day period of a facility operated by the Department with | ||||||
| 8 | placement availability, the sheriff shall promptly transport | ||||||
| 9 | the defendant to that facility.
Individualized placement | ||||||
| 10 | evaluations by the Department of Human Services determine the | ||||||
| 11 | most appropriate setting for forensic treatment based upon a | ||||||
| 12 | number of factors including mental health diagnosis, proximity | ||||||
| 13 | to surviving victims, security need, age, gender, and proximity | ||||||
| 14 | to family.
| ||||||
| 15 | The Department shall provide the Court with a report of its | ||||||
| 16 | evaluation
within 30 days of the date of this order. The Court | ||||||
| 17 | shall hold a hearing
as provided under the Mental Health and | ||||||
| 18 | Developmental Disabilities Code to
determine if the individual | ||||||
| 19 | is:
(a)
in need of mental health services on an inpatient | ||||||
| 20 | basis; (b) in
need of
mental health services on an outpatient | ||||||
| 21 | basis; (c) a person not in
need of
mental health services. The | ||||||
| 22 | court shall afford the victim the opportunity to make a written | ||||||
| 23 | or oral statement as guaranteed by Article I, Section 8.1 of | ||||||
| 24 | the Illinois Constitution and Section 6 of the Rights of Crime | ||||||
| 25 | Victims and Witnesses Act. The court shall allow a victim to | ||||||
| 26 | make an oral statement if the victim is present in the | ||||||
| |||||||
| |||||||
| 1 | courtroom and requests to make an oral statement. An oral | ||||||
| 2 | statement includes the victim or a representative of the victim | ||||||
| 3 | reading the written statement. The court may allow persons | ||||||
| 4 | impacted by the crime who are not victims under subsection (a) | ||||||
| 5 | of Section 3 of the Rights of Crime Victims and Witnesses Act | ||||||
| 6 | to present an oral or written statement. A victim and any | ||||||
| 7 | person making an oral statement shall not be put under oath or | ||||||
| 8 | subject to cross-examination. The court shall consider any | ||||||
| 9 | statement presented along with all other appropriate factors in | ||||||
| 10 | determining the sentence of the defendant or disposition of the | ||||||
| 11 | juvenile. All statements shall become part of the record of the | ||||||
| 12 | court.
| ||||||
| 13 | If the defendant is found to be in
need
of mental health | ||||||
| 14 | services on an inpatient care basis, the Court shall order the
| ||||||
| 15 | defendant to the Department of Human Services.
The defendant | ||||||
| 16 | shall be placed in a secure setting. Such
defendants placed in | ||||||
| 17 | a secure setting shall not be permitted outside the
facility's | ||||||
| 18 | housing unit unless escorted or accompanied by personnel of the
| ||||||
| 19 | Department of Human Services or with the prior approval of the | ||||||
| 20 | Court for
unsupervised
on-grounds privileges as provided
| ||||||
| 21 | herein.
Any defendant placed in a secure setting pursuant to | ||||||
| 22 | this Section,
transported to court hearings or other necessary | ||||||
| 23 | appointments
off facility grounds
by personnel of
the | ||||||
| 24 | Department of Human Services, shall be
placed in security | ||||||
| 25 | devices
or otherwise secured during the period of | ||||||
| 26 | transportation to assure
secure transport of the defendant and | ||||||
| |||||||
| |||||||
| 1 | the safety of Department
of Human Services personnel and | ||||||
| 2 | others. These security measures
shall not constitute restraint | ||||||
| 3 | as defined in the Mental Health and
Developmental Disabilities | ||||||
| 4 | Code.
If the defendant is found to be in need of mental health | ||||||
| 5 | services,
but not on an inpatient care basis, the Court shall | ||||||
| 6 | conditionally release
the defendant, under such conditions as | ||||||
| 7 | set forth in this Section as will
reasonably assure the | ||||||
| 8 | defendant's satisfactory progress and participation
in | ||||||
| 9 | treatment or
rehabilitation and the safety of the defendant, | ||||||
| 10 | the victim, the victim's family members, and others. If the
| ||||||
| 11 | Court
finds the person not in need of mental health services, | ||||||
| 12 | then the Court
shall order the defendant discharged from | ||||||
| 13 | custody.
| ||||||
| 14 | (a-1) Definitions. For the purposes of this Section:
| ||||||
| 15 | (A) (Blank).
| ||||||
| 16 | (B) "In need of mental health services on an inpatient | ||||||
| 17 | basis" means: a
defendant who has been found not guilty by | ||||||
| 18 | reason of insanity but who, due to mental illness, is
| ||||||
| 19 | reasonably expected to inflict
serious physical harm upon | ||||||
| 20 | himself or another and who would benefit from
inpatient | ||||||
| 21 | care or is in need of inpatient care.
| ||||||
| 22 | (C) "In need of mental health services on an outpatient | ||||||
| 23 | basis" means:
a defendant who has been found not guilty by | ||||||
| 24 | reason of insanity who is not in need of mental health | ||||||
| 25 | services on
an inpatient basis, but is in need of | ||||||
| 26 | outpatient care, drug and/or alcohol
rehabilitation | ||||||
| |||||||
| |||||||
| 1 | programs, community adjustment programs, individual, | ||||||
| 2 | group,
or family therapy, or chemotherapy.
| ||||||
| 3 | (D) "Conditional Release" means: the release from | ||||||
| 4 | either the custody
of the Department of Human Services
or | ||||||
| 5 | the custody of the Court of a person who has been found not | ||||||
| 6 | guilty by
reason of insanity under such conditions as the | ||||||
| 7 | Court may impose which
reasonably assure the defendant's | ||||||
| 8 | satisfactory progress in
treatment or habilitation and the | ||||||
| 9 | safety of the defendant, the victim, the victim's family, | ||||||
| 10 | and others. The
Court shall consider such terms and | ||||||
| 11 | conditions which may include, but need
not be limited to, | ||||||
| 12 | outpatient care, alcoholic and drug rehabilitation | ||||||
| 13 | programs,
community adjustment programs, individual, | ||||||
| 14 | group, family, and chemotherapy,
random testing to ensure | ||||||
| 15 | the defendant's timely and continuous taking of any
| ||||||
| 16 | medicines prescribed
to control or manage his or her | ||||||
| 17 | conduct or mental state, and
periodic checks with the legal | ||||||
| 18 | authorities and/or the Department of Human
Services.
The | ||||||
| 19 | Court may order as a condition of conditional release that | ||||||
| 20 | the
defendant not contact the victim of the offense that
| ||||||
| 21 | resulted in the finding or
verdict of not guilty by reason | ||||||
| 22 | of insanity or any other person. The Court may
order the
| ||||||
| 23 | Department of
Human Services to provide care to any
person | ||||||
| 24 | conditionally released under this Section. The Department | ||||||
| 25 | may contract
with any public or private agency in order to | ||||||
| 26 | discharge any responsibilities
imposed under this Section. | ||||||
| |||||||
| |||||||
| 1 | The Department shall monitor the provision of
services to | ||||||
| 2 | persons conditionally released under this Section and | ||||||
| 3 | provide
periodic reports to the Court concerning the | ||||||
| 4 | services and the condition of the
defendant.
Whenever a | ||||||
| 5 | person is conditionally released pursuant to this Section, | ||||||
| 6 | the
State's Attorney for the county in which the hearing is | ||||||
| 7 | held shall designate in
writing the name, telephone number, | ||||||
| 8 | and address of a person employed by him or
her who
shall be | ||||||
| 9 | notified in the event that either the reporting agency or | ||||||
| 10 | the
Department decides that the conditional release of the | ||||||
| 11 | defendant should be
revoked or modified pursuant to | ||||||
| 12 | subsection (i) of this Section. Such
conditional release | ||||||
| 13 | shall be for
a period of five years. However, the | ||||||
| 14 | defendant, the person or
facility
rendering the treatment, | ||||||
| 15 | therapy, program or outpatient care, the
Department, or the
| ||||||
| 16 | State's Attorney may petition the Court for an extension of
| ||||||
| 17 | the conditional
release period for an additional 5 years. | ||||||
| 18 | Upon receipt of such a
petition, the Court shall hold a | ||||||
| 19 | hearing consistent with the provisions of
paragraph (a), | ||||||
| 20 | this paragraph (a-1),
and paragraph (f) of this Section, | ||||||
| 21 | shall determine
whether the defendant should continue to be | ||||||
| 22 | subject to the terms of
conditional release, and shall | ||||||
| 23 | enter an order either extending the
defendant's period of | ||||||
| 24 | conditional release for an additional 5-year
period or | ||||||
| 25 | discharging the defendant.
Additional 5-year periods of | ||||||
| 26 | conditional release may be ordered following a
hearing as | ||||||
| |||||||
| |||||||
| 1 | provided in this Section. However,
in no event shall the | ||||||
| 2 | defendant's
period of conditional release continue beyond | ||||||
| 3 | the maximum period of
commitment ordered by the Court | ||||||
| 4 | pursuant to paragraph (b) of this Section. These provisions | ||||||
| 5 | for
extension of conditional release shall only apply to | ||||||
| 6 | defendants
conditionally released on or after August 8, | ||||||
| 7 | 2003. However, the extension
provisions of Public Act | ||||||
| 8 | 83-1449 apply only to defendants charged
with a forcible | ||||||
| 9 | felony.
| ||||||
| 10 | (E) "Facility director" means the chief officer of a | ||||||
| 11 | mental health or
developmental disabilities facility or | ||||||
| 12 | his or her designee or the supervisor of
a program of | ||||||
| 13 | treatment or habilitation or his or her designee. | ||||||
| 14 | "Designee" may
include a physician, clinical psychologist, | ||||||
| 15 | social worker, nurse, or clinical
professional counselor.
| ||||||
| 16 | (b) If the Court finds the defendant in need of mental | ||||||
| 17 | health services on an
inpatient basis, the
admission, | ||||||
| 18 | detention, care, treatment or habilitation, treatment plans,
| ||||||
| 19 | review proceedings, including review of treatment and | ||||||
| 20 | treatment plans, and
discharge of the defendant after such | ||||||
| 21 | order shall be under the
Mental Health and Developmental | ||||||
| 22 | Disabilities Code, except that the
initial order for admission | ||||||
| 23 | of a defendant acquitted of a felony by
reason of insanity | ||||||
| 24 | shall be for an indefinite period of time. Such period
of | ||||||
| 25 | commitment shall not exceed the maximum
length of time that the | ||||||
| 26 | defendant would have been required to serve,
less credit for | ||||||
| |||||||
| |||||||
| 1 | good behavior as provided in Section 5-4-1 of the Unified
Code | ||||||
| 2 | of Corrections, before becoming eligible for
release had
he | ||||||
| 3 | been convicted of and received the maximum sentence for the | ||||||
| 4 | most
serious crime for which he has been acquitted by reason of | ||||||
| 5 | insanity. The
Court shall determine the maximum period of | ||||||
| 6 | commitment by an appropriate
order. During this period of time, | ||||||
| 7 | the defendant shall not be permitted
to be in the community in | ||||||
| 8 | any manner, including, but not limited to, off-grounds
| ||||||
| 9 | privileges, with or without escort by personnel of the | ||||||
| 10 | Department of Human
Services, unsupervised on-grounds | ||||||
| 11 | privileges,
discharge or conditional or temporary release, | ||||||
| 12 | except by a plan as provided in
this Section. In no event shall | ||||||
| 13 | a defendant's continued unauthorized
absence be a basis for | ||||||
| 14 | discharge. Not more than 30 days after admission
and every 90 | ||||||
| 15 | days thereafter so long as the initial order
remains in effect, | ||||||
| 16 | the facility director shall file a treatment plan report
in | ||||||
| 17 | writing with the court
and forward a copy of the treatment plan | ||||||
| 18 | report to the clerk of the
court, the State's Attorney, and the | ||||||
| 19 | defendant's attorney, if the defendant is
represented by | ||||||
| 20 | counsel,
or to a person authorized by
the defendant under the
| ||||||
| 21 | Mental Health and Developmental Disabilities Confidentiality | ||||||
| 22 | Act to be sent a
copy of the report. The report shall include | ||||||
| 23 | an opinion
as to whether the
defendant is currently in need of | ||||||
| 24 | mental
health services on an inpatient basis or in need of | ||||||
| 25 | mental health services
on
an outpatient basis. The report shall | ||||||
| 26 | also summarize the basis for those
findings and provide a | ||||||
| |||||||
| |||||||
| 1 | current summary of the following items from the
treatment plan: | ||||||
| 2 | (1) an assessment of the defendant's treatment needs, (2) a
| ||||||
| 3 | description of the services recommended for treatment, (3) the | ||||||
| 4 | goals of each
type of element of service, (4) an anticipated | ||||||
| 5 | timetable for the accomplishment
of the goals, and (5) a | ||||||
| 6 | designation of the qualified professional responsible
for the | ||||||
| 7 | implementation of the plan.
The report may also include | ||||||
| 8 | unsupervised on-grounds
privileges, off-grounds privileges | ||||||
| 9 | (with or without escort by personnel of the
Department of Human | ||||||
| 10 | Services), home visits and
participation in work
programs, but | ||||||
| 11 | only where such privileges have been approved by specific court
| ||||||
| 12 | order, which order may include such conditions on the defendant | ||||||
| 13 | as the
Court may deem appropriate and necessary to reasonably | ||||||
| 14 | assure the defendant's
satisfactory progress in treatment and | ||||||
| 15 | the safety of the defendant and others.
| ||||||
| 16 | (c) Every defendant acquitted of a felony by reason of | ||||||
| 17 | insanity and
subsequently found to be in need of
mental health | ||||||
| 18 | services shall be represented by counsel in all proceedings | ||||||
| 19 | under
this Section and under the Mental Health and | ||||||
| 20 | Developmental Disabilities Code.
| ||||||
| 21 | (1) The Court shall appoint as counsel the public | ||||||
| 22 | defender or an
attorney licensed by this State.
| ||||||
| 23 | (2) Upon filing with the Court of a verified statement | ||||||
| 24 | of legal
services rendered by the private attorney | ||||||
| 25 | appointed pursuant to
paragraph (1) of this subsection, the | ||||||
| 26 | Court shall determine a reasonable
fee for such services. | ||||||
| |||||||
| |||||||
| 1 | If the defendant is unable to pay the fee, the
Court shall | ||||||
| 2 | enter an order upon the State to pay the entire fee or such
| ||||||
| 3 | amount as the defendant is unable to pay from funds | ||||||
| 4 | appropriated by the
General Assembly for that purpose.
| ||||||
| 5 | (d) When the facility director determines that:
| ||||||
| 6 | (1) the defendant is no longer
in need of mental health | ||||||
| 7 | services on an inpatient basis; and
| ||||||
| 8 | (2) the defendant may be conditionally released | ||||||
| 9 | because he
or she is still in need of mental health | ||||||
| 10 | services or that the defendant
may be discharged as not in | ||||||
| 11 | need of any mental health services; or
| ||||||
| 12 | (3) (blank);
| ||||||
| 13 | the facility director shall give written notice
to the Court, | ||||||
| 14 | State's Attorney and defense attorney.
Such notice shall set | ||||||
| 15 | forth in detail the basis for the recommendation of
the | ||||||
| 16 | facility director, and specify clearly the recommendations, if | ||||||
| 17 | any,
of the facility director, concerning conditional release.
| ||||||
| 18 | Any recommendation for conditional release shall include an | ||||||
| 19 | evaluation of
the defendant's need for psychotropic | ||||||
| 20 | medication, what provisions should be
made, if any, to ensure | ||||||
| 21 | that the defendant will continue to receive
psychotropic | ||||||
| 22 | medication following discharge, and what provisions should be | ||||||
| 23 | made
to assure the safety of the defendant and others in the | ||||||
| 24 | event the defendant is
no longer receiving psychotropic | ||||||
| 25 | medication.
Within 30 days of
the notification by the facility | ||||||
| 26 | director, the Court shall set a hearing and
make a finding as | ||||||
| |||||||
| |||||||
| 1 | to whether the defendant is:
| ||||||
| 2 | (i) (blank); or
| ||||||
| 3 | (ii) in need of mental health services in the form of | ||||||
| 4 | inpatient care; or
| ||||||
| 5 | (iii) in need of mental health services but not subject | ||||||
| 6 | to inpatient care;
or
| ||||||
| 7 | (iv) no longer in need of mental health services; or
| ||||||
| 8 | (v) (blank).
| ||||||
| 9 | A crime victim shall be allowed to present an oral and | ||||||
| 10 | written statement. The court shall allow a victim to make an | ||||||
| 11 | oral statement if the victim is present in the courtroom and | ||||||
| 12 | requests to make an oral statement. An oral statement includes | ||||||
| 13 | the victim or a representative of the victim reading the | ||||||
| 14 | written statement. A victim and any person making an oral | ||||||
| 15 | statement shall not be put under oath or subject to | ||||||
| 16 | cross-examination. All statements shall become part of the | ||||||
| 17 | record of the court. | ||||||
| 18 | Upon finding by the Court, the Court shall enter its | ||||||
| 19 | findings and such
appropriate order as provided in subsections | ||||||
| 20 | (a) and (a-1) of this Section.
| ||||||
| 21 | (e) A defendant admitted pursuant to this Section, or any | ||||||
| 22 | person on
his behalf, may file a petition for treatment plan | ||||||
| 23 | review
or discharge or conditional release under the
standards | ||||||
| 24 | of this Section in the Court which rendered the verdict. Upon
| ||||||
| 25 | receipt of a petition for treatment plan review or discharge or | ||||||
| 26 | conditional release, the Court shall set a hearing to
be held | ||||||
| |||||||
| |||||||
| 1 | within 120 days. Thereafter, no new petition
may be filed for | ||||||
| 2 | 180 days
without leave of the Court.
| ||||||
| 3 | (f) The Court shall direct that notice of the time and | ||||||
| 4 | place of the
hearing be served upon the defendant, the facility | ||||||
| 5 | director, the State's
Attorney, and the defendant's attorney. | ||||||
| 6 | If requested by either the State or the
defense or if the Court | ||||||
| 7 | feels it is appropriate, an impartial examination
of the | ||||||
| 8 | defendant by a psychiatrist or clinical psychologist as defined | ||||||
| 9 | in
Section 1-103 of the Mental Health and Developmental | ||||||
| 10 | Disabilities Code who
is not in the employ of the Department of | ||||||
| 11 | Human Services shall be ordered, and
the report considered at
| ||||||
| 12 | the time of the hearing.
| ||||||
| 13 | (g) The findings of the Court shall be established by clear | ||||||
| 14 | and
convincing evidence. The burden of proof and the burden of | ||||||
| 15 | going forth
with the evidence rest with the defendant or any | ||||||
| 16 | person on the defendant's
behalf when a hearing is held to | ||||||
| 17 | review
a petition filed by or on
behalf of the defendant. The | ||||||
| 18 | evidence shall be presented in open
Court
with the right of | ||||||
| 19 | confrontation and cross-examination.
Such evidence may | ||||||
| 20 | include, but is not limited to:
| ||||||
| 21 | (1) whether the defendant appreciates the harm caused | ||||||
| 22 | by the defendant to
others and the community by his or her | ||||||
| 23 | prior
conduct
that resulted in the finding of not guilty by | ||||||
| 24 | reason of insanity;
| ||||||
| 25 | (2) Whether the person appreciates the criminality of | ||||||
| 26 | conduct similar to
the conduct for which he or she was | ||||||
| |||||||
| |||||||
| 1 | originally charged in this matter;
| ||||||
| 2 | (3) the current state of
the defendant's illness;
| ||||||
| 3 | (4) what, if any, medications the defendant is taking | ||||||
| 4 | to
control his or her mental illness;
| ||||||
| 5 | (5) what, if any, adverse physical side effects
the | ||||||
| 6 | medication has on the defendant;
| ||||||
| 7 | (6) the length of time it would take for the | ||||||
| 8 | defendant's mental health to
deteriorate
if
the
defendant | ||||||
| 9 | stopped taking prescribed medication;
| ||||||
| 10 | (7) the defendant's history or potential for alcohol | ||||||
| 11 | and drug abuse;
| ||||||
| 12 | (8) the defendant's past criminal history;
| ||||||
| 13 | (9) any specialized physical or medical needs of the | ||||||
| 14 | defendant;
| ||||||
| 15 | (10) any family participation or involvement expected | ||||||
| 16 | upon release and
what is the willingness and ability of the | ||||||
| 17 | family to participate or be
involved;
| ||||||
| 18 | (11) the defendant's potential to be a danger to | ||||||
| 19 | himself, herself, or
others;
| ||||||
| 20 | (11.5) a written or oral statement made by the victim; | ||||||
| 21 | and | ||||||
| 22 | (12) any other factor or factors the Court deems | ||||||
| 23 | appropriate.
| ||||||
| 24 | (h) Before the court orders that the defendant be | ||||||
| 25 | discharged or
conditionally released, it shall order the | ||||||
| 26 | facility director to establish a
discharge plan that includes a | ||||||
| |||||||
| |||||||
| 1 | plan for the defendant's shelter, support, and
medication. If | ||||||
| 2 | appropriate, the court shall order that the facility director
| ||||||
| 3 | establish a program to train the defendant in self-medication | ||||||
| 4 | under standards
established by the Department of Human | ||||||
| 5 | Services.
If the Court finds, consistent with the provisions of | ||||||
| 6 | this Section,
that the defendant is no longer in need of mental
| ||||||
| 7 | health services it shall order the facility director to | ||||||
| 8 | discharge the
defendant. If the Court finds, consistent with | ||||||
| 9 | the provisions of this
Section, that the defendant is in need | ||||||
| 10 | of mental
health services, and no longer in need of inpatient | ||||||
| 11 | care, it shall order
the facility director to release the | ||||||
| 12 | defendant under such conditions as the
Court deems appropriate | ||||||
| 13 | and as provided by this Section. Such conditional
release shall | ||||||
| 14 | be imposed for a period of 5 years as provided in
paragraph
(D) | ||||||
| 15 | of subsection (a-1) and shall be
subject
to later modification | ||||||
| 16 | by the Court as provided by this Section. If the
Court finds | ||||||
| 17 | consistent with the provisions in this Section that the
| ||||||
| 18 | defendant is in
need of mental health services on an inpatient | ||||||
| 19 | basis, it shall order the
facility director not to discharge or | ||||||
| 20 | release the defendant in accordance
with paragraph (b) of this | ||||||
| 21 | Section.
| ||||||
| 22 | (i) If within the period of the defendant's conditional | ||||||
| 23 | release
the State's Attorney determines that the defendant has | ||||||
| 24 | not fulfilled the
conditions of his or her release, the State's | ||||||
| 25 | Attorney may petition the
Court
to
revoke or modify the | ||||||
| 26 | conditional release of the defendant. Upon the filing of
such | ||||||
| |||||||
| |||||||
| 1 | petition the defendant may be remanded to the custody of the | ||||||
| 2 | Department,
or to any other mental health facility designated | ||||||
| 3 | by the Department, pending
the resolution of the petition. | ||||||
| 4 | Nothing in this Section shall prevent the
emergency admission | ||||||
| 5 | of a defendant pursuant to Article VI of Chapter III of the
| ||||||
| 6 | Mental Health
and Developmental Disabilities Code or the | ||||||
| 7 | voluntary admission of the defendant
pursuant to Article IV of | ||||||
| 8 | Chapter III of the Mental Health and Developmental
Disabilities
| ||||||
| 9 | Code. If
the Court determines, after hearing evidence, that the | ||||||
| 10 | defendant has
not fulfilled the conditions of release, the | ||||||
| 11 | Court shall order a hearing
to be held consistent with the | ||||||
| 12 | provisions of paragraph (f) and (g) of this
Section. At such | ||||||
| 13 | hearing, if the Court finds that the defendant is in need of | ||||||
| 14 | mental health services on an inpatient
basis, it shall enter an | ||||||
| 15 | order remanding him or her to the Department of
Human Services | ||||||
| 16 | or other
facility. If the defendant is remanded to the | ||||||
| 17 | Department of Human Services, he
or she shall be placed in
a | ||||||
| 18 | secure setting unless the Court
determines that there are | ||||||
| 19 | compelling reasons that such placement is not
necessary. If the
| ||||||
| 20 | Court finds that the defendant continues to be in need of | ||||||
| 21 | mental health
services but not on an inpatient basis, it may | ||||||
| 22 | modify the conditions of
the original release in order to | ||||||
| 23 | reasonably assure the defendant's satisfactory
progress in | ||||||
| 24 | treatment and his or her safety and the safety of others in
| ||||||
| 25 | accordance with the standards established in paragraph (D) of | ||||||
| 26 | subsection (a-1). Nothing in
this Section shall limit a Court's | ||||||
| |||||||
| |||||||
| 1 | contempt powers or any other powers of a
Court.
| ||||||
| 2 | (j) An order of admission under this Section does not | ||||||
| 3 | affect the
remedy of habeas corpus.
| ||||||
| 4 | (k) In the event of a conflict between this Section and the | ||||||
| 5 | Mental Health
and Developmental Disabilities Code or the Mental | ||||||
| 6 | Health and Developmental
Disabilities Confidentiality Act, the | ||||||
| 7 | provisions of this Section shall govern.
| ||||||
| 8 | (l) Public Act 90-593 shall apply to all persons who have | ||||||
| 9 | been found
not guilty by reason of insanity and who are | ||||||
| 10 | presently committed to the
Department of Mental Health and | ||||||
| 11 | Developmental Disabilities (now the
Department of Human | ||||||
| 12 | Services).
| ||||||
| 13 | (m)
The Clerk of the Court shall transmit a certified copy | ||||||
| 14 | of the order of
discharge or conditional release to the | ||||||
| 15 | Department of Human Services, to the sheriff of the county from | ||||||
| 16 | which the defendant was admitted, to the Illinois Department of | ||||||
| 17 | State Police, to
the proper law enforcement agency for the | ||||||
| 18 | municipality
where the offense took
place, and to the sheriff | ||||||
| 19 | of the county into which the defendant is
conditionally | ||||||
| 20 | discharged. The Illinois Department of State Police shall
| ||||||
| 21 | maintain a
centralized record of discharged or conditionally | ||||||
| 22 | released defendants while
they are under court supervision for | ||||||
| 23 | access and use of appropriate law
enforcement agencies.
| ||||||
| 24 | (n) The provisions in this Section which allow allows a | ||||||
| 25 | crime victim to make a written and oral statement do not apply | ||||||
| 26 | if the defendant was under 18 years of age at the time the | ||||||
| |||||||
| |||||||
| 1 | offense was committed. | ||||||
| 2 | (o) If any provision of this Section or its application to | ||||||
| 3 | any person or circumstance is held invalid, the invalidity of | ||||||
| 4 | that provision does not affect any other provision or | ||||||
| 5 | application of this Section that can be given effect without | ||||||
| 6 | the invalid provision or application. | ||||||
| 7 | (Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18; | ||||||
| 8 | 100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff. | ||||||
| 9 | 7-12-19; revised 9-24-19.)
| ||||||
| 10 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| ||||||
| 11 | Sec. 5-4-3. Specimens;
genetic marker groups. | ||||||
| 12 | (a) Any person convicted of, found guilty under the | ||||||
| 13 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
| 14 | of court supervision for, a qualifying
offense or attempt of a | ||||||
| 15 | qualifying offense, convicted or found guilty of any
offense | ||||||
| 16 | classified as a felony under Illinois law, convicted or found | ||||||
| 17 | guilty of any offense requiring registration under the Sex | ||||||
| 18 | Offender Registration Act, found guilty or given
supervision | ||||||
| 19 | for any offense classified as a felony under the Juvenile Court | ||||||
| 20 | Act
of 1987, convicted or found guilty of, under the Juvenile | ||||||
| 21 | Court Act of 1987, any offense requiring registration under the | ||||||
| 22 | Sex Offender Registration Act, or institutionalized as a | ||||||
| 23 | sexually dangerous person under the Sexually
Dangerous Persons | ||||||
| 24 | Act, or committed as a sexually violent person under the
| ||||||
| 25 | Sexually Violent Persons Commitment Act shall, regardless of | ||||||
| |||||||
| |||||||
| 1 | the sentence or
disposition imposed, be required to submit | ||||||
| 2 | specimens of blood, saliva, or
tissue to the Illinois | ||||||
| 3 | Department of State Police in accordance with the
provisions of | ||||||
| 4 | this Section, provided such person is:
| ||||||
| 5 | (1) convicted of a qualifying offense or attempt of a | ||||||
| 6 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
| 7 | to a term of imprisonment, periodic imprisonment, fine,
| ||||||
| 8 | probation, conditional discharge or any other form of | ||||||
| 9 | sentence, or given a
disposition of court supervision for | ||||||
| 10 | the offense;
| ||||||
| 11 | (1.5) found guilty or given supervision under the | ||||||
| 12 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
| 13 | attempt of a qualifying offense on or after
January 1, | ||||||
| 14 | 1997;
| ||||||
| 15 | (2) ordered institutionalized as a sexually dangerous | ||||||
| 16 | person on or after
July 1, 1990;
| ||||||
| 17 | (3) convicted of a qualifying offense or attempt of a | ||||||
| 18 | qualifying offense
before July 1, 1990
and is presently | ||||||
| 19 | confined as a result of such conviction in any State
| ||||||
| 20 | correctional facility or county jail or is presently | ||||||
| 21 | serving a sentence of
probation, conditional discharge or | ||||||
| 22 | periodic imprisonment as a result of such
conviction;
| ||||||
| 23 | (3.5) convicted or found guilty of any offense | ||||||
| 24 | classified as a felony
under Illinois law or found guilty | ||||||
| 25 | or given supervision for such an offense
under the Juvenile | ||||||
| 26 | Court Act of 1987 on or after August 22, 2002;
| ||||||
| |||||||
| |||||||
| 1 | (4) presently institutionalized as a sexually | ||||||
| 2 | dangerous person or
presently institutionalized as a | ||||||
| 3 | person found guilty but mentally ill of a
sexual offense or | ||||||
| 4 | attempt to commit a sexual offense; or
| ||||||
| 5 | (4.5) ordered committed as a sexually violent person on | ||||||
| 6 | or after the
effective date of the Sexually Violent Persons | ||||||
| 7 | Commitment Act.
| ||||||
| 8 | (a-1) Any person incarcerated in
a facility of the Illinois | ||||||
| 9 | Department of Corrections or the Illinois Department of | ||||||
| 10 | Juvenile Justice on or after August 22,
2002, whether for a | ||||||
| 11 | term of years, natural life, or a sentence of death, who has | ||||||
| 12 | not yet submitted a specimen of blood, saliva, or tissue shall | ||||||
| 13 | be required to submit a specimen of blood, saliva, or tissue
| ||||||
| 14 | prior to his or her final discharge, or release on parole, | ||||||
| 15 | aftercare release, or mandatory
supervised release, as a
| ||||||
| 16 | condition of his or her parole, aftercare release, or mandatory | ||||||
| 17 | supervised release, or within 6 months from August 13, 2009 | ||||||
| 18 | (the effective date of Public Act 96-426), whichever is sooner. | ||||||
| 19 | A person incarcerated on or after August 13, 2009 (the | ||||||
| 20 | effective date of Public Act 96-426) shall be required to | ||||||
| 21 | submit a specimen within 45 days of incarceration, or prior to | ||||||
| 22 | his or her final discharge, or release on parole, aftercare | ||||||
| 23 | release, or mandatory supervised release, as a condition of his | ||||||
| 24 | or her parole, aftercare release, or mandatory supervised | ||||||
| 25 | release, whichever is sooner. These specimens shall be placed | ||||||
| 26 | into the State or national DNA database, to be used in | ||||||
| |||||||
| |||||||
| 1 | accordance with other provisions of this Section, by the | ||||||
| 2 | Illinois State Police.
| ||||||
| 3 | (a-2) Any person sentenced to life imprisonment in a | ||||||
| 4 | facility of the Illinois Department of Corrections after the | ||||||
| 5 | effective date of this amendatory Act of the 94th General | ||||||
| 6 | Assembly or sentenced to death after the effective date of this | ||||||
| 7 | amendatory Act of the 94th General Assembly shall be required | ||||||
| 8 | to provide a specimen of blood, saliva, or tissue within 45 | ||||||
| 9 | days after sentencing or disposition at a collection site | ||||||
| 10 | designated by the Illinois Department of State Police. Any | ||||||
| 11 | person serving a sentence of life imprisonment in a facility of | ||||||
| 12 | the Illinois Department of Corrections on the effective date of | ||||||
| 13 | this amendatory Act of the 94th General Assembly or any person | ||||||
| 14 | who is under a sentence of death on the effective date of this | ||||||
| 15 | amendatory Act of the 94th General Assembly shall be required | ||||||
| 16 | to provide a specimen of blood, saliva, or tissue upon request | ||||||
| 17 | at a collection site designated by the Illinois Department of | ||||||
| 18 | State Police.
| ||||||
| 19 | (a-3) Any person seeking transfer to or residency in | ||||||
| 20 | Illinois under Sections 3-3-11.05
through 3-3-11.5 of this | ||||||
| 21 | Code, the Interstate Compact
for Adult Offender Supervision, or | ||||||
| 22 | the Interstate Agreements on Sexually
Dangerous Persons Act | ||||||
| 23 | shall be required to provide a specimen of blood, saliva, or | ||||||
| 24 | tissue within 45 days after transfer to or residency in | ||||||
| 25 | Illinois at a collection site designated by the Illinois | ||||||
| 26 | Department of State Police. | ||||||
| |||||||
| |||||||
| 1 | (a-3.1) Any person required by an order of the court to | ||||||
| 2 | submit a DNA specimen shall be required to provide a specimen | ||||||
| 3 | of blood, saliva, or tissue within 45 days after the court | ||||||
| 4 | order at a collection site designated by the Illinois | ||||||
| 5 | Department of State Police. | ||||||
| 6 | (a-3.2) On or after January 1, 2012 (the effective date of | ||||||
| 7 | Public Act 97-383), any person arrested for any of the | ||||||
| 8 | following offenses, after an indictment has been returned by a | ||||||
| 9 | grand jury, or following a hearing pursuant to Section 109-3 of | ||||||
| 10 | the Code of Criminal Procedure of 1963 and a judge finds there | ||||||
| 11 | is probable cause to believe the arrestee has committed one of | ||||||
| 12 | the designated offenses, or an arrestee has waived a | ||||||
| 13 | preliminary hearing shall be required to provide a specimen of | ||||||
| 14 | blood, saliva, or tissue within 14 days after such indictment | ||||||
| 15 | or hearing at a collection site designated by the Illinois | ||||||
| 16 | Department of State Police: | ||||||
| 17 | (A) first degree murder; | ||||||
| 18 | (B) home invasion; | ||||||
| 19 | (C) predatory criminal sexual assault
of a child; | ||||||
| 20 | (D) aggravated criminal sexual assault; or | ||||||
| 21 | (E) criminal sexual assault. | ||||||
| 22 | (a-3.3) Any person required to register as a sex offender | ||||||
| 23 | under the Sex Offender Registration Act, regardless of the date | ||||||
| 24 | of conviction as set forth in subsection (c-5.2) shall be | ||||||
| 25 | required to provide a specimen of blood, saliva, or tissue | ||||||
| 26 | within the time period prescribed in subsection (c-5.2) at a | ||||||
| |||||||
| |||||||
| 1 | collection site designated by the Illinois Department of State | ||||||
| 2 | Police. | ||||||
| 3 | (a-5) Any person who was otherwise convicted of or received | ||||||
| 4 | a disposition
of court supervision for any other offense under | ||||||
| 5 | the Criminal Code of 1961 or the Criminal Code of 2012 or
who | ||||||
| 6 | was found guilty or given supervision for such a violation | ||||||
| 7 | under the
Juvenile Court Act of 1987, may, regardless of the | ||||||
| 8 | sentence imposed, be
required by an order of the court to | ||||||
| 9 | submit specimens of blood, saliva, or
tissue to the Illinois | ||||||
| 10 | Department of State Police in accordance with the
provisions of | ||||||
| 11 | this Section.
| ||||||
| 12 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
| 13 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
| 14 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
| 15 | tissue within 45 days after sentencing or
disposition at a | ||||||
| 16 | collection site designated by the Illinois Department of State | ||||||
| 17 | Police.
| ||||||
| 18 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
| 19 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
| 20 | be required to provide
such specimens prior to final discharge | ||||||
| 21 | or within 6 months from August 13, 2009 (the effective date of | ||||||
| 22 | Public Act 96-426), whichever is sooner. These specimens shall | ||||||
| 23 | be placed into the State or national DNA database, to be used | ||||||
| 24 | in accordance with other provisions of this Act, by the | ||||||
| 25 | Illinois State Police.
| ||||||
| 26 | (c-5) Any person required by paragraph (a-3) to provide | ||||||
| |||||||
| |||||||
| 1 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
| 2 | required to provide the
specimens before being accepted for | ||||||
| 3 | conditioned residency in Illinois under
the interstate compact | ||||||
| 4 | or agreement, but no later than 45 days after arrival
in this | ||||||
| 5 | State.
| ||||||
| 6 | (c-5.2) Unless it is determined that a registered sex | ||||||
| 7 | offender has previously submitted a specimen of blood, saliva, | ||||||
| 8 | or tissue that has been placed into the State DNA database, a | ||||||
| 9 | person registering as a sex offender shall be required to | ||||||
| 10 | submit a specimen at the time of his or her initial | ||||||
| 11 | registration pursuant to the Sex Offender Registration Act or, | ||||||
| 12 | for a person registered as a sex offender on or prior to | ||||||
| 13 | January 1, 2012 (the effective date of Public Act 97-383), | ||||||
| 14 | within one year of January 1, 2012 (the effective date of | ||||||
| 15 | Public Act 97-383) or at the time of his or her next required | ||||||
| 16 | registration. | ||||||
| 17 | (c-6) The Illinois Department of State Police may determine | ||||||
| 18 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
| 19 | is acceptable for submission
to the Division of Forensic | ||||||
| 20 | Services for analysis. The Illinois Department of State Police | ||||||
| 21 | may require the submission of fingerprints from anyone required | ||||||
| 22 | to give a specimen under this Act.
| ||||||
| 23 | (d) The Illinois Department of State Police shall provide | ||||||
| 24 | all equipment
and instructions necessary for the collection of | ||||||
| 25 | blood specimens.
The collection of specimens shall be performed | ||||||
| 26 | in a medically approved
manner. Only a physician authorized to | ||||||
| |||||||
| |||||||
| 1 | practice medicine, a registered
nurse or other qualified person | ||||||
| 2 | trained in venipuncture may withdraw blood
for the purposes of | ||||||
| 3 | this Act. The specimens
shall thereafter be forwarded to the | ||||||
| 4 | Illinois Department of State Police,
Division of Forensic | ||||||
| 5 | Services, for analysis and
categorizing into genetic marker | ||||||
| 6 | groupings.
| ||||||
| 7 | (d-1) The Illinois Department of State Police shall provide | ||||||
| 8 | all equipment
and instructions necessary for the collection of | ||||||
| 9 | saliva specimens. The
collection of saliva specimens shall be | ||||||
| 10 | performed in a medically approved manner.
Only a person trained | ||||||
| 11 | in the instructions promulgated by the Illinois State
Police on | ||||||
| 12 | collecting saliva may collect saliva for the purposes of this
| ||||||
| 13 | Section. The specimens shall thereafter be forwarded to the | ||||||
| 14 | Illinois Department of State Police, Division of Forensic | ||||||
| 15 | Services, for analysis and categorizing
into genetic marker | ||||||
| 16 | groupings.
| ||||||
| 17 | (d-2) The Illinois Department of State Police shall provide | ||||||
| 18 | all equipment
and instructions necessary for the collection of | ||||||
| 19 | tissue specimens. The
collection of tissue specimens shall be | ||||||
| 20 | performed in a medically approved
manner. Only a person trained | ||||||
| 21 | in the instructions promulgated by the Illinois
State Police on | ||||||
| 22 | collecting tissue may collect tissue for the purposes of this
| ||||||
| 23 | Section. The specimens shall thereafter be forwarded to the | ||||||
| 24 | Illinois Department of State Police, Division of Forensic | ||||||
| 25 | Services, for analysis and categorizing
into genetic marker | ||||||
| 26 | groupings.
| ||||||
| |||||||
| |||||||
| 1 | (d-5) To the extent that funds are available, the Illinois | ||||||
| 2 | Department of State Police shall contract with qualified | ||||||
| 3 | personnel and certified laboratories
for the collection, | ||||||
| 4 | analysis, and categorization of known specimens, except as | ||||||
| 5 | provided in subsection (n) of this Section.
| ||||||
| 6 | (d-6) Agencies designated by the Illinois Department of | ||||||
| 7 | State Police and
the Illinois Department of State Police may | ||||||
| 8 | contract with third parties to
provide for the collection or | ||||||
| 9 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
| 10 | tissue specimens, except as provided in subsection (n) of this | ||||||
| 11 | Section.
| ||||||
| 12 | (e) The genetic marker groupings shall be maintained by the | ||||||
| 13 | Illinois Department of State Police, Division of Forensic | ||||||
| 14 | Services.
| ||||||
| 15 | (f) The genetic marker grouping analysis information | ||||||
| 16 | obtained pursuant
to this Act shall be confidential and shall | ||||||
| 17 | be released only to peace
officers of the United States, of | ||||||
| 18 | other states or territories, of the
insular possessions of the | ||||||
| 19 | United States, of foreign countries duly
authorized to receive | ||||||
| 20 | the same, to all peace officers of the State of
Illinois and to | ||||||
| 21 | all prosecutorial agencies, and to defense counsel as
provided | ||||||
| 22 | by Section 116-5 of the Code of Criminal Procedure of 1963.
The | ||||||
| 23 | genetic marker grouping analysis information obtained pursuant | ||||||
| 24 | to
this Act shall be used only for (i) valid law enforcement | ||||||
| 25 | identification
purposes and as required by the Federal Bureau | ||||||
| 26 | of Investigation for
participation in the National DNA | ||||||
| |||||||
| |||||||
| 1 | database, (ii) technology
validation
purposes, (iii) a | ||||||
| 2 | population statistics database, (iv) quality
assurance
| ||||||
| 3 | purposes if personally identifying information is removed,
(v) | ||||||
| 4 | assisting in the defense of the criminally accused pursuant
to
| ||||||
| 5 | Section 116-5 of the Code of Criminal Procedure of 1963, or | ||||||
| 6 | (vi) identifying and assisting in the prosecution of a person | ||||||
| 7 | who is suspected of committing a sexual assault as defined in | ||||||
| 8 | Section 1a of the Sexual Assault Survivors Emergency Treatment | ||||||
| 9 | Act. Notwithstanding
any other statutory provision to the | ||||||
| 10 | contrary,
all information obtained under this Section shall be | ||||||
| 11 | maintained in a single
State data base, which may be uploaded | ||||||
| 12 | into a national database, and which
information may be subject | ||||||
| 13 | to expungement only as set forth in subsection
(f-1).
| ||||||
| 14 | (f-1) Upon receipt of notification of a reversal of a | ||||||
| 15 | conviction based on
actual innocence, or of the granting of a | ||||||
| 16 | pardon pursuant to Section 12 of
Article V of the Illinois | ||||||
| 17 | Constitution, if that pardon document specifically
states that | ||||||
| 18 | the reason for the pardon is the actual innocence of an | ||||||
| 19 | individual
whose DNA record has been stored in the State or | ||||||
| 20 | national DNA identification
index in accordance with this | ||||||
| 21 | Section by the Illinois Department of State Police, the DNA | ||||||
| 22 | record shall be expunged from the DNA identification index, and
| ||||||
| 23 | the Department shall by rule prescribe procedures to ensure | ||||||
| 24 | that the record and
any specimens, analyses, or other documents | ||||||
| 25 | relating to such record, whether in
the possession of the | ||||||
| 26 | Department or any law enforcement or police agency, or
any | ||||||
| |||||||
| |||||||
| 1 | forensic DNA laboratory, including any duplicates or copies | ||||||
| 2 | thereof, are
destroyed and a letter is sent to the court | ||||||
| 3 | verifying the expungement is
completed. For specimens required | ||||||
| 4 | to be collected prior to conviction, unless the individual has | ||||||
| 5 | other charges or convictions that require submission of a | ||||||
| 6 | specimen, the DNA record for an individual shall be expunged | ||||||
| 7 | from the DNA identification databases and the specimen | ||||||
| 8 | destroyed upon receipt of a certified copy of a final court | ||||||
| 9 | order for each charge against an individual in which the charge | ||||||
| 10 | has been dismissed, resulted in acquittal, or that the charge | ||||||
| 11 | was not filed within the applicable time period. The Department | ||||||
| 12 | shall by rule prescribe procedures to ensure that the record | ||||||
| 13 | and any specimens in the possession or control of the | ||||||
| 14 | Department are destroyed and a letter is sent to the court | ||||||
| 15 | verifying the expungement is completed.
| ||||||
| 16 | (f-5) Any person who intentionally uses genetic marker | ||||||
| 17 | grouping analysis
information, or any other information | ||||||
| 18 | derived from a DNA specimen, beyond the
authorized uses as | ||||||
| 19 | provided under this Section, or any other Illinois law, is
| ||||||
| 20 | guilty of a Class 4 felony, and shall be subject to a fine of | ||||||
| 21 | not less than
$5,000.
| ||||||
| 22 | (f-6) The Illinois Department of State Police may contract | ||||||
| 23 | with third
parties for the purposes of implementing this | ||||||
| 24 | amendatory Act of the 93rd
General Assembly, except as provided | ||||||
| 25 | in subsection (n) of this Section. Any other party contracting | ||||||
| 26 | to carry out the functions of
this Section shall be subject to | ||||||
| |||||||
| |||||||
| 1 | the same restrictions and requirements of this
Section insofar | ||||||
| 2 | as applicable, as the Illinois Department of State Police, and
| ||||||
| 3 | to any additional restrictions imposed by the Illinois | ||||||
| 4 | Department of State Police.
| ||||||
| 5 | (g) For the purposes of this Section, "qualifying offense" | ||||||
| 6 | means any of
the following:
| ||||||
| 7 | (1) any violation or inchoate violation of Section | ||||||
| 8 | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or | ||||||
| 9 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 10 | 2012;
| ||||||
| 11 | (1.1) any violation or inchoate violation of Section | ||||||
| 12 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
| 13 | 18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal
Code of | ||||||
| 14 | 1961 or the Criminal Code of 2012 for which persons are | ||||||
| 15 | convicted on or after July 1, 2001;
| ||||||
| 16 | (2) any former statute of this State which defined a | ||||||
| 17 | felony sexual
offense;
| ||||||
| 18 | (3) (blank);
| ||||||
| 19 | (4) any inchoate violation of Section 9-3.1, 9-3.4, | ||||||
| 20 | 11-9.3, 12-7.3, or 12-7.4 of
the Criminal Code of 1961 or | ||||||
| 21 | the Criminal Code of 2012; or
| ||||||
| 22 | (5) any violation or inchoate violation of Article 29D | ||||||
| 23 | of the Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
| 24 | (g-5) (Blank).
| ||||||
| 25 | (h) The Illinois Department of State Police shall be the | ||||||
| 26 | State central
repository for all genetic marker grouping | ||||||
| |||||||
| |||||||
| 1 | analysis information obtained
pursuant to this Act. The | ||||||
| 2 | Illinois Department of State Police may
promulgate rules for | ||||||
| 3 | the form and manner of the collection of blood, saliva,
or | ||||||
| 4 | tissue specimens and other procedures for the operation of this | ||||||
| 5 | Act. The
provisions of the Administrative Review Law shall | ||||||
| 6 | apply to all actions taken
under the rules so promulgated.
| ||||||
| 7 | (i) (1) A person required to provide a blood, saliva, or | ||||||
| 8 | tissue specimen
shall
cooperate with the collection of the | ||||||
| 9 | specimen and any deliberate act by
that person intended to | ||||||
| 10 | impede, delay or stop the collection of the blood,
saliva, | ||||||
| 11 | or tissue specimen is a Class 4 felony.
| ||||||
| 12 | (2) In the event that a person's DNA specimen is not | ||||||
| 13 | adequate for any
reason, the person shall provide another | ||||||
| 14 | DNA specimen for analysis. Duly
authorized law
enforcement | ||||||
| 15 | and corrections personnel may employ reasonable force in | ||||||
| 16 | cases in
which an individual refuses to provide a DNA | ||||||
| 17 | specimen required under this
Act.
| ||||||
| 18 | (j) (Blank).
| ||||||
| 19 | (k) All analysis and categorization assessments provided | ||||||
| 20 | under the Criminal and Traffic Assessments Act to the State | ||||||
| 21 | Offender DNA Identification System Fund
shall be regulated as | ||||||
| 22 | follows:
| ||||||
| 23 | (1) The State Offender DNA Identification System Fund | ||||||
| 24 | is hereby created as
a special fund in the State Treasury.
| ||||||
| 25 | (2) (Blank).
| ||||||
| 26 | (3) Moneys deposited into the State Offender DNA | ||||||
| |||||||
| |||||||
| 1 | Identification System Fund
shall be used by Illinois State | ||||||
| 2 | Police crime laboratories as designated by the
Director of | ||||||
| 3 | the Illinois State Police. These funds shall be in addition | ||||||
| 4 | to any allocations
made pursuant to existing laws and shall | ||||||
| 5 | be designated for the exclusive use of
State crime | ||||||
| 6 | laboratories. These uses may include, but are not limited | ||||||
| 7 | to, the
following:
| ||||||
| 8 | (A) Costs incurred in providing analysis and | ||||||
| 9 | genetic marker
categorization as required by | ||||||
| 10 | subsection (d).
| ||||||
| 11 | (B) Costs incurred in maintaining genetic marker | ||||||
| 12 | groupings as required
by subsection (e).
| ||||||
| 13 | (C) Costs incurred in the purchase and maintenance | ||||||
| 14 | of equipment for use
in performing analyses.
| ||||||
| 15 | (D) Costs incurred in continuing research and | ||||||
| 16 | development of new
techniques for analysis and genetic | ||||||
| 17 | marker categorization.
| ||||||
| 18 | (E) Costs incurred in continuing education, | ||||||
| 19 | training, and professional
development of forensic | ||||||
| 20 | scientists regularly employed by these laboratories.
| ||||||
| 21 | (l) The failure of a person to provide a specimen, or of | ||||||
| 22 | any person or
agency to collect a specimen, shall in no way | ||||||
| 23 | alter
the obligation of the person to submit such specimen, or | ||||||
| 24 | the authority of the
Illinois Department of State Police or | ||||||
| 25 | persons designated by the Department to
collect the specimen, | ||||||
| 26 | or the authority of the Illinois Department of State Police to | ||||||
| |||||||
| |||||||
| 1 | accept, analyze and maintain the specimen or to maintain or | ||||||
| 2 | upload
results of genetic marker grouping analysis information | ||||||
| 3 | into a State or
national database.
| ||||||
| 4 | (m) If any provision of this amendatory Act of the 93rd | ||||||
| 5 | General Assembly
is
held unconstitutional or otherwise | ||||||
| 6 | invalid, the remainder of this amendatory
Act
of the 93rd | ||||||
| 7 | General Assembly is not affected.
| ||||||
| 8 | (n) Neither the Illinois Department of State Police, the | ||||||
| 9 | Division of Forensic Services, nor any laboratory of the | ||||||
| 10 | Division of Forensic Services may contract out forensic testing | ||||||
| 11 | for the purpose of an active investigation or a matter pending | ||||||
| 12 | before a court of competent jurisdiction without the written | ||||||
| 13 | consent of the prosecuting agency. For the purposes of this | ||||||
| 14 | subsection (n), "forensic testing" includes the analysis of | ||||||
| 15 | physical evidence in an investigation or other proceeding for | ||||||
| 16 | the prosecution of a violation of the Criminal Code of 1961 or | ||||||
| 17 | the Criminal Code of 2012 or for matters adjudicated under the | ||||||
| 18 | Juvenile Court Act of 1987, and includes the use of forensic | ||||||
| 19 | databases and databanks, including DNA, firearm, and | ||||||
| 20 | fingerprint databases, and expert testimony. | ||||||
| 21 | (o) Mistake does not invalidate a database match. The | ||||||
| 22 | detention, arrest, or conviction of a person based upon a | ||||||
| 23 | database match or database information is not invalidated if it | ||||||
| 24 | is determined that the specimen was obtained or placed in the | ||||||
| 25 | database by mistake. | ||||||
| 26 | (p) This Section may be referred to as the Illinois DNA | ||||||
| |||||||
| |||||||
| 1 | Database Law of 2011. | ||||||
| 2 | (Source: P.A. 100-987, eff. 7-1-19.)
| ||||||
| 3 | (730 ILCS 5/5-4-3a) | ||||||
| 4 | Sec. 5-4-3a. DNA testing backlog accountability. | ||||||
| 5 | (a) On or before August 1 of each year, the Illinois | ||||||
| 6 | Department of State Police shall report to the Governor and | ||||||
| 7 | both houses of the General Assembly the following information: | ||||||
| 8 | (1) the extent of the backlog of cases awaiting testing | ||||||
| 9 | or awaiting DNA analysis by that Department, including but | ||||||
| 10 | not limited to those tests conducted under Section 5-4-3, | ||||||
| 11 | as of June 30 of the previous fiscal year, with the backlog | ||||||
| 12 | being defined as all cases awaiting forensic testing | ||||||
| 13 | whether in the physical custody of the Illinois State | ||||||
| 14 | Police or in the physical custody of local law enforcement, | ||||||
| 15 | provided that the Illinois State Police have written notice | ||||||
| 16 | of any evidence in the physical custody of local law | ||||||
| 17 | enforcement prior to June 1 of that year; and | ||||||
| 18 | (2) what measures have been and are being taken to | ||||||
| 19 | reduce that backlog and the estimated costs or expenditures | ||||||
| 20 | in doing so. | ||||||
| 21 | (b) The information reported under this Section shall be | ||||||
| 22 | made available to the public, at the time it is reported, on | ||||||
| 23 | the official web site of the Illinois Department of State | ||||||
| 24 | Police.
| ||||||
| 25 | (c) Beginning January 1, 2016, the Illinois Department of | ||||||
| |||||||
| |||||||
| 1 | State Police shall quarterly report on the status of the | ||||||
| 2 | processing of forensic biology and DNA evidence submitted to | ||||||
| 3 | the Illinois Department of State Police Laboratory for | ||||||
| 4 | analysis. The report shall be submitted to the Governor and the | ||||||
| 5 | General Assembly, and shall be posted on the Illinois | ||||||
| 6 | Department of State Police website. The report shall include | ||||||
| 7 | the following for each Illinois State Police Laboratory | ||||||
| 8 | location and any laboratory to which the Illinois Department of | ||||||
| 9 | State Police has outsourced evidence for testing: | ||||||
| 10 | (1) For forensic biology submissions, report both | ||||||
| 11 | total case and sexual assault or abuse case (as defined by | ||||||
| 12 | the Sexual Assault Evidence Submission Act) figures for: | ||||||
| 13 | (A) The number of cases received in the preceding | ||||||
| 14 | quarter. | ||||||
| 15 | (B) The number of cases completed in the preceding | ||||||
| 16 | quarter. | ||||||
| 17 | (C) The number of cases waiting analysis. | ||||||
| 18 | (D) The number of cases sent for outsourcing. | ||||||
| 19 | (E) The number of cases waiting analysis that were | ||||||
| 20 | received within the past 30 days. | ||||||
| 21 | (F) The number of cases waiting analysis that were | ||||||
| 22 | received 31 to 90 days prior. | ||||||
| 23 | (G) The number of cases waiting analysis that were | ||||||
| 24 | received 91 to 180 days prior. | ||||||
| 25 | (H) The number of cases waiting analysis that were | ||||||
| 26 | received 181 to 365 days prior. | ||||||
| |||||||
| |||||||
| 1 | (I) The number of cases waiting analysis that were | ||||||
| 2 | received more than 365 days prior. | ||||||
| 3 | (J) The number of cases forwarded for DNA analyses. | ||||||
| 4 | (2) For DNA submissions, report both total case and | ||||||
| 5 | sexual assault or abuse case (as defined by the Sexual | ||||||
| 6 | Assault Evidence Submission Act) figures for: | ||||||
| 7 | (A) The number of cases received in the preceding | ||||||
| 8 | quarter. | ||||||
| 9 | (B) The number of cases completed in the preceding | ||||||
| 10 | quarter. | ||||||
| 11 | (C) The number of cases waiting analysis. | ||||||
| 12 | (D) The number of cases sent for outsourcing. | ||||||
| 13 | (E) The number of cases waiting analysis that were | ||||||
| 14 | received within the past 30 days. | ||||||
| 15 | (F) The number of cases waiting analysis that were | ||||||
| 16 | received 31 to 90 days prior. | ||||||
| 17 | (G) The number of cases waiting analysis that were | ||||||
| 18 | received 91 to 180 days prior. | ||||||
| 19 | (H) The number of cases waiting analysis that were | ||||||
| 20 | received 181 to 365 days prior. | ||||||
| 21 | (I) The number of cases waiting analysis that were | ||||||
| 22 | received more than 365 days prior. | ||||||
| 23 | (3) For all other categories of testing (e.g., drug | ||||||
| 24 | chemistry, firearms/toolmark, footwear/tire track, latent | ||||||
| 25 | prints, toxicology, and trace chemistry analysis): | ||||||
| 26 | (A) The number of cases received in the preceding | ||||||
| |||||||
| |||||||
| 1 | quarter. | ||||||
| 2 | (B) The number of cases completed in the preceding | ||||||
| 3 | quarter. | ||||||
| 4 | (C) The number of cases waiting analysis. | ||||||
| 5 | (4) For the Combined DNA Index System (CODIS), report | ||||||
| 6 | both total case and sexual assault or abuse case (as | ||||||
| 7 | defined by the Sexual Assault Evidence Submission Act) | ||||||
| 8 | figures for subparagraphs (D), (E), and (F) of this | ||||||
| 9 | paragraph (4): | ||||||
| 10 | (A) The number of new offender samples received in | ||||||
| 11 | the preceding quarter. | ||||||
| 12 | (B) The number of offender samples uploaded to | ||||||
| 13 | CODIS in the preceding quarter. | ||||||
| 14 | (C) The number of offender samples awaiting | ||||||
| 15 | analysis. | ||||||
| 16 | (D) The number of unknown DNA case profiles | ||||||
| 17 | uploaded to CODIS in the preceding quarter. | ||||||
| 18 | (E) The number of CODIS hits in the preceding | ||||||
| 19 | quarter. | ||||||
| 20 | (F) The number of forensic evidence submissions | ||||||
| 21 | submitted to confirm a previously reported CODIS hit. | ||||||
| 22 | (5) For each category of testing, report the number of | ||||||
| 23 | trained forensic scientists and the number of forensic | ||||||
| 24 | scientists in training. | ||||||
| 25 | As used in this subsection (c), "completed" means | ||||||
| 26 | completion of both the analysis of the evidence and the | ||||||
| |||||||
| |||||||
| 1 | provision of the results to the submitting law enforcement | ||||||
| 2 | agency. | ||||||
| 3 | (d) The provisions of this subsection (d), other than this | ||||||
| 4 | sentence, are inoperative on and after January 1, 2019 or 2 | ||||||
| 5 | years after the effective date of this amendatory Act of the | ||||||
| 6 | 99th General Assembly, whichever is later. In consultation with | ||||||
| 7 | and subject to the approval of the Chief Procurement Officer, | ||||||
| 8 | the Illinois Department of State Police may obtain contracts | ||||||
| 9 | for services, commodities, and equipment to assist in the | ||||||
| 10 | timely completion of forensic biology, DNA, drug chemistry, | ||||||
| 11 | firearms/toolmark, footwear/tire track, latent prints, | ||||||
| 12 | toxicology, microscopy, trace chemistry, and Combined DNA | ||||||
| 13 | Index System (CODIS) analysis. Contracts to support the | ||||||
| 14 | delivery of timely forensic science services are not subject to | ||||||
| 15 | the provisions of the Illinois Procurement Code, except for | ||||||
| 16 | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that | ||||||
| 17 | Code, provided that the Chief Procurement Officer may, in | ||||||
| 18 | writing with justification, waive any certification required | ||||||
| 19 | under Article 50 of the Illinois Procurement Code. For any | ||||||
| 20 | contracts for services which are currently provided by members | ||||||
| 21 | of a collective bargaining agreement, the applicable terms of | ||||||
| 22 | the collective bargaining agreement concerning subcontracting | ||||||
| 23 | shall be followed. | ||||||
| 24 | (Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)
| ||||||
| 25 | (730 ILCS 5/5-4-3b) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-4-3b. Electronic Laboratory Information Management | ||||||
| 2 | System. | ||||||
| 3 | (a) The Illinois Department of State Police shall obtain, | ||||||
| 4 | implement, and maintain an Electronic Laboratory Information | ||||||
| 5 | Management System (LIMS) to efficiently and effectively track | ||||||
| 6 | all evidence submitted for forensic testing. At a minimum, the | ||||||
| 7 | LIMS shall record: | ||||||
| 8 | (1) the criminal offense or suspected criminal offense | ||||||
| 9 | for which the evidence is being submitted; | ||||||
| 10 | (2) the law enforcement agency submitting the | ||||||
| 11 | evidence; | ||||||
| 12 | (3) the name of the victim; | ||||||
| 13 | (4) the law enforcement agency case number; | ||||||
| 14 | (5) the Illinois State Police Laboratory case number; | ||||||
| 15 | (6) the date the evidence was received by the Illinois | ||||||
| 16 | State Police Laboratory; | ||||||
| 17 | (7) if the Illinois State Police Laboratory sent the | ||||||
| 18 | evidence for analysis to another designated laboratory, | ||||||
| 19 | the name of the laboratory and the date the evidence was | ||||||
| 20 | sent to that laboratory; and | ||||||
| 21 | (8) the date and description of any results or | ||||||
| 22 | information regarding the analysis sent to the submitting | ||||||
| 23 | law enforcement agency by the Illinois State Police | ||||||
| 24 | Laboratory or any other designated laboratory. | ||||||
| 25 | The LIMS shall also link multiple forensic evidence | ||||||
| 26 | submissions pertaining to a single criminal investigation such | ||||||
| |||||||
| |||||||
| 1 | that evidence submitted to confirm a previously reported | ||||||
| 2 | Combined DNA Index System (CODIS) hit in a State or federal | ||||||
| 3 | database can be linked to the initial evidence submission. The | ||||||
| 4 | LIMS shall be such that the system provides ease of | ||||||
| 5 | interoperability with law enforcement agencies for evidence | ||||||
| 6 | submission and reporting, as well as supports expansion | ||||||
| 7 | capabilities for future internal networking and laboratory | ||||||
| 8 | operations. | ||||||
| 9 | (b) The Illinois Department of State Police, in | ||||||
| 10 | consultation with and subject to the approval of the Chief | ||||||
| 11 | Procurement Officer, may procure a single contract or multiple | ||||||
| 12 | contracts to implement the provisions of this Section. A | ||||||
| 13 | contract or contracts under this subsection are not subject to | ||||||
| 14 | the provisions of the Illinois Procurement Code, except for | ||||||
| 15 | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that | ||||||
| 16 | Code, provided that the Chief Procurement Officer may, in | ||||||
| 17 | writing with justification, waive any certification required | ||||||
| 18 | under Article 50 of the Illinois Procurement Code. This | ||||||
| 19 | exemption is inoperative 2 years from January 1, 2016 (the | ||||||
| 20 | effective date of Public Act 99-352).
| ||||||
| 21 | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
| 22 | (730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
| ||||||
| 23 | Sec. 5-5-4. Resentences.
| ||||||
| 24 | (a) Where a conviction or sentence has been set aside on | ||||||
| 25 | direct review
or on collateral attack, the court shall not | ||||||
| |||||||
| |||||||
| 1 | impose a new sentence for the same
offense or for a different | ||||||
| 2 | offense based on the same conduct which is more
severe than the | ||||||
| 3 | prior sentence less the portion of the prior sentence
| ||||||
| 4 | previously satisfied unless the more severe sentence is based | ||||||
| 5 | upon conduct
on the part of the defendant occurring after the | ||||||
| 6 | original sentencing.
If a sentence is vacated on appeal or on | ||||||
| 7 | collateral attack due to the
failure of the trier of fact at | ||||||
| 8 | trial to determine beyond a reasonable doubt
the existence of a | ||||||
| 9 | fact (other than a prior conviction) necessary to increase
the
| ||||||
| 10 | punishment for the offense beyond the statutory maximum | ||||||
| 11 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
| 12 | to a term within the range otherwise
provided or, if the State | ||||||
| 13 | files notice of its intention to again seek the
extended | ||||||
| 14 | sentence, the defendant shall be afforded a new trial.
| ||||||
| 15 | (b) If a conviction or sentence has been set aside on | ||||||
| 16 | direct review or on
collateral attack and
the court determines | ||||||
| 17 | by clear and convincing evidence that the defendant was
| ||||||
| 18 | factually innocent of the
charge, the court shall enter an | ||||||
| 19 | order expunging the record of arrest from the
official records | ||||||
| 20 | of the
arresting authority and order that the records of the | ||||||
| 21 | clerk of the circuit
court and Illinois Department of State | ||||||
| 22 | Police be sealed until further order of the court upon good | ||||||
| 23 | cause shown
or as otherwise provided
herein, and the name of | ||||||
| 24 | the defendant obliterated from the official index
requested to | ||||||
| 25 | be kept by the
circuit court clerk under Section 16 of the | ||||||
| 26 | Clerks of Courts Act in connection
with the arrest and
| ||||||
| |||||||
| |||||||
| 1 | conviction for the offense but the order shall not affect any | ||||||
| 2 | index issued by
the circuit court clerk before the entry of the | ||||||
| 3 | order. The court shall enter the expungement order regardless | ||||||
| 4 | of whether the defendant has prior criminal convictions.
| ||||||
| 5 | All records sealed by the Illinois Department of State | ||||||
| 6 | Police may be
disseminated by the Department only as required | ||||||
| 7 | by law or to the arresting
authority, the State's Attorney, the | ||||||
| 8 | court upon a later arrest for the same or
similar offense, or | ||||||
| 9 | for the purpose of sentencing for any subsequent felony.
Upon | ||||||
| 10 | conviction for any subsequent offense, the Department of | ||||||
| 11 | Corrections shall
have access to all sealed records of the | ||||||
| 12 | Department
pertaining to that individual.
| ||||||
| 13 | Upon entry of the order of expungement, the clerk of the | ||||||
| 14 | circuit court shall
promptly mail a copy of the order to the | ||||||
| 15 | person whose records were expunged and
sealed. | ||||||
| 16 | (c) If a conviction has been vacated as a result of a claim | ||||||
| 17 | of actual innocence based on newly discovered evidence made | ||||||
| 18 | under Section 122-1 of the Code of Criminal Procedure of 1963 | ||||||
| 19 | or Section 2-1401 of the Code of Civil Procedure, and the | ||||||
| 20 | provisions of paragraphs (1) and (2) of subsection (g) of | ||||||
| 21 | Section 2-702 of the Code of Civil Procedure are otherwise | ||||||
| 22 | satisfied, the court shall enter an order for a certificate of | ||||||
| 23 | innocence and an order expunging the conviction for which the | ||||||
| 24 | petitioner has been determined to be innocent as provided in | ||||||
| 25 | subsection (h) of Section 2-702 of the Code of Civil Procedure.
| ||||||
| 26 | (Source: P.A. 98-133, eff. 1-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/5-5.5-40)
| ||||||
| 2 | Sec. 5-5.5-40. Forms and filing.
| ||||||
| 3 | (a) All applications, certificates, and orders of
| ||||||
| 4 | revocation necessary for the purposes of this Article shall be | ||||||
| 5 | upon forms
prescribed by the
Chief Justice of the Supreme Court | ||||||
| 6 | or his or her designee. The forms
relating to certificates of | ||||||
| 7 | relief from disabilities and certificates of good conduct shall | ||||||
| 8 | be distributed by
the Director of the Division of Probation | ||||||
| 9 | Services.
| ||||||
| 10 | (b) Any court or board issuing or revoking any certificate | ||||||
| 11 | under
this Article shall immediately file a copy of the | ||||||
| 12 | certificate or of the
order of revocation with the Director of | ||||||
| 13 | the Illinois State Police.
| ||||||
| 14 | (Source: P.A. 96-852, eff. 1-1-10.)
| ||||||
| 15 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
| 16 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
| 17 | discharge.
| ||||||
| 18 | (a) The conditions of probation and of conditional | ||||||
| 19 | discharge shall be
that the person:
| ||||||
| 20 | (1) not violate any criminal statute of any | ||||||
| 21 | jurisdiction;
| ||||||
| 22 | (2) report to or appear in person before such person or | ||||||
| 23 | agency as
directed by the court;
| ||||||
| 24 | (3) refrain from possessing a firearm or other | ||||||
| |||||||
| |||||||
| 1 | dangerous weapon where the offense is a felony or, if a | ||||||
| 2 | misdemeanor, the offense involved the intentional or | ||||||
| 3 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
| 4 | (4) not leave the State without the consent of the | ||||||
| 5 | court or, in
circumstances in which the reason for the | ||||||
| 6 | absence is of such an emergency
nature that prior consent | ||||||
| 7 | by the court is not possible, without the prior
| ||||||
| 8 | notification and approval of the person's probation
| ||||||
| 9 | officer. Transfer of a person's probation or conditional | ||||||
| 10 | discharge
supervision to another state is subject to | ||||||
| 11 | acceptance by the other state
pursuant to the Interstate | ||||||
| 12 | Compact for Adult Offender Supervision;
| ||||||
| 13 | (5) permit the probation officer to visit
him at his | ||||||
| 14 | home or elsewhere
to the extent necessary to discharge his | ||||||
| 15 | duties;
| ||||||
| 16 | (6) perform no less than 30 hours of community service | ||||||
| 17 | and not more than
120 hours of community service, if | ||||||
| 18 | community service is available in the
jurisdiction and is | ||||||
| 19 | funded and approved by the county board where the offense
| ||||||
| 20 | was committed, where the offense was related to or in | ||||||
| 21 | furtherance of the
criminal activities of an organized gang | ||||||
| 22 | and was motivated by the offender's
membership in or | ||||||
| 23 | allegiance to an organized gang. The community service | ||||||
| 24 | shall
include, but not be limited to, the cleanup and | ||||||
| 25 | repair of any damage caused by
a violation of Section | ||||||
| 26 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| |||||||
| |||||||
| 1 | 2012 and similar damage
to property located within the | ||||||
| 2 | municipality or county in which the violation
occurred. | ||||||
| 3 | When possible and reasonable, the community service should | ||||||
| 4 | be
performed in the offender's neighborhood. For purposes | ||||||
| 5 | of this Section,
"organized gang" has the meaning ascribed | ||||||
| 6 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
| 7 | Omnibus Prevention Act. The court may give credit toward | ||||||
| 8 | the fulfillment of community service hours for | ||||||
| 9 | participation in activities and treatment as determined by | ||||||
| 10 | court services;
| ||||||
| 11 | (7) if he or she is at least 17 years of age and has | ||||||
| 12 | been sentenced to
probation or conditional discharge for a | ||||||
| 13 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
| 14 | inhabitants and has not been previously convicted of a
| ||||||
| 15 | misdemeanor or felony, may be required by the sentencing | ||||||
| 16 | court to attend
educational courses designed to prepare the | ||||||
| 17 | defendant for a high school diploma
and to work toward a | ||||||
| 18 | high school diploma or to work toward passing high school | ||||||
| 19 | equivalency testing or to work toward
completing a | ||||||
| 20 | vocational training program approved by the court. The | ||||||
| 21 | person on
probation or conditional discharge must attend a | ||||||
| 22 | public institution of
education to obtain the educational | ||||||
| 23 | or vocational training required by this paragraph
(7). The | ||||||
| 24 | court shall revoke the probation or conditional discharge | ||||||
| 25 | of a
person who willfully wilfully fails to comply with | ||||||
| 26 | this paragraph (7). The person on
probation or conditional | ||||||
| |||||||
| |||||||
| 1 | discharge shall be required to pay for the cost of the
| ||||||
| 2 | educational courses or high school equivalency testing if a | ||||||
| 3 | fee is charged for those courses or testing. The court | ||||||
| 4 | shall resentence the offender whose probation or | ||||||
| 5 | conditional
discharge has been revoked as provided in | ||||||
| 6 | Section 5-6-4. This paragraph (7) does
not apply to a | ||||||
| 7 | person who has a high school diploma or has successfully | ||||||
| 8 | passed high school equivalency testing. This paragraph (7) | ||||||
| 9 | does not apply to a person who is determined by
the court | ||||||
| 10 | to be a person with a developmental disability or otherwise | ||||||
| 11 | mentally incapable of
completing the educational or | ||||||
| 12 | vocational program;
| ||||||
| 13 | (8) if convicted of possession of a substance | ||||||
| 14 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
| 15 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 16 | and Community Protection Act
after a previous conviction or | ||||||
| 17 | disposition of supervision for possession of a
substance | ||||||
| 18 | prohibited by the Cannabis Control Act or Illinois | ||||||
| 19 | Controlled
Substances Act or after a sentence of probation | ||||||
| 20 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
| 21 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
| 22 | the Methamphetamine Control and Community Protection Act | ||||||
| 23 | and upon a
finding by the court that the person is | ||||||
| 24 | addicted, undergo treatment at a
substance abuse program | ||||||
| 25 | approved by the court;
| ||||||
| 26 | (8.5) if convicted of a felony sex offense as defined | ||||||
| |||||||
| |||||||
| 1 | in the Sex
Offender
Management Board Act, the person shall | ||||||
| 2 | undergo and successfully complete sex
offender treatment | ||||||
| 3 | by a treatment provider approved by the Board and conducted
| ||||||
| 4 | in conformance with the standards developed under the Sex
| ||||||
| 5 | Offender Management Board Act;
| ||||||
| 6 | (8.6) if convicted of a sex offense as defined in the | ||||||
| 7 | Sex Offender Management Board Act, refrain from residing at | ||||||
| 8 | the same address or in the same condominium unit or | ||||||
| 9 | apartment unit or in the same condominium complex or | ||||||
| 10 | apartment complex with another person he or she knows or | ||||||
| 11 | reasonably should know is a convicted sex offender or has | ||||||
| 12 | been placed on supervision for a sex offense; the | ||||||
| 13 | provisions of this paragraph do not apply to a person | ||||||
| 14 | convicted of a sex offense who is placed in a Department of | ||||||
| 15 | Corrections licensed transitional housing facility for sex | ||||||
| 16 | offenders; | ||||||
| 17 | (8.7) if convicted for an offense committed on or after | ||||||
| 18 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
| 19 | would qualify the accused as a child sex offender as | ||||||
| 20 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 21 | 1961 or the Criminal Code of 2012, refrain from | ||||||
| 22 | communicating with or contacting, by means of the Internet, | ||||||
| 23 | a person who is not related to the accused and whom the | ||||||
| 24 | accused reasonably believes to be under 18 years of age; | ||||||
| 25 | for purposes of this paragraph (8.7), "Internet" has the | ||||||
| 26 | meaning ascribed to it in Section 16-0.1 of the Criminal | ||||||
| |||||||
| |||||||
| 1 | Code of 2012; and a person is not related to the accused if | ||||||
| 2 | the person is not: (i) the spouse, brother, or sister of | ||||||
| 3 | the accused; (ii) a descendant of the accused; (iii) a | ||||||
| 4 | first or second cousin of the accused; or (iv) a step-child | ||||||
| 5 | or adopted child of the accused; | ||||||
| 6 | (8.8) if convicted for an offense under Section 11-6, | ||||||
| 7 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
| 8 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
| 9 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 10 | or any attempt to commit any of these offenses, committed | ||||||
| 11 | on or after June 1, 2009 (the effective date of Public Act | ||||||
| 12 | 95-983): | ||||||
| 13 | (i) not access or use a computer or any other | ||||||
| 14 | device with Internet capability without the prior | ||||||
| 15 | written approval of the offender's probation officer, | ||||||
| 16 | except in connection with the offender's employment or | ||||||
| 17 | search for employment with the prior approval of the | ||||||
| 18 | offender's probation officer; | ||||||
| 19 | (ii) submit to periodic unannounced examinations | ||||||
| 20 | of the offender's computer or any other device with | ||||||
| 21 | Internet capability by the offender's probation | ||||||
| 22 | officer, a law enforcement officer, or assigned | ||||||
| 23 | computer or information technology specialist, | ||||||
| 24 | including the retrieval and copying of all data from | ||||||
| 25 | the computer or device and any internal or external | ||||||
| 26 | peripherals and removal of such information, | ||||||
| |||||||
| |||||||
| 1 | equipment, or device to conduct a more thorough | ||||||
| 2 | inspection; | ||||||
| 3 | (iii) submit to the installation on the offender's | ||||||
| 4 | computer or device with Internet capability, at the | ||||||
| 5 | offender's expense, of one or more hardware or software | ||||||
| 6 | systems to monitor the Internet use; and | ||||||
| 7 | (iv) submit to any other appropriate restrictions | ||||||
| 8 | concerning the offender's use of or access to a | ||||||
| 9 | computer or any other device with Internet capability | ||||||
| 10 | imposed by the offender's probation officer; | ||||||
| 11 | (8.9) if convicted of a sex offense as defined in the | ||||||
| 12 | Sex Offender
Registration Act committed on or after January | ||||||
| 13 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
| 14 | from accessing or using a social networking website as | ||||||
| 15 | defined in Section 17-0.5 of the Criminal Code of 2012;
| ||||||
| 16 | (9) if convicted of a felony or of any misdemeanor | ||||||
| 17 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
| 18 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 19 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
| 20 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
| 21 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
| 22 | at a time and place
designated by the court, his or her | ||||||
| 23 | Firearm
Owner's Identification Card and
any and all | ||||||
| 24 | firearms in
his or her possession. The Court shall return | ||||||
| 25 | to the Illinois Department of State Police Firearm Owner's | ||||||
| 26 | Identification Card Office the person's Firearm Owner's | ||||||
| |||||||
| |||||||
| 1 | Identification Card;
| ||||||
| 2 | (10) if convicted of a sex offense as defined in | ||||||
| 3 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
| 4 | offender is a parent or guardian of the person under 18 | ||||||
| 5 | years of age present in the home and no non-familial minors | ||||||
| 6 | are present, not participate in a holiday event involving | ||||||
| 7 | children under 18 years of age, such as distributing candy | ||||||
| 8 | or other items to children on Halloween, wearing a Santa | ||||||
| 9 | Claus costume on or preceding Christmas, being employed as | ||||||
| 10 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
| 11 | costume on or preceding Easter; | ||||||
| 12 | (11) if convicted of a sex offense as defined in | ||||||
| 13 | Section 2 of the Sex Offender Registration Act committed on | ||||||
| 14 | or after January 1, 2010 (the effective date of Public Act | ||||||
| 15 | 96-362) that requires the person to register as a sex | ||||||
| 16 | offender under that Act, may not knowingly use any computer | ||||||
| 17 | scrub software on any computer that the sex offender uses; | ||||||
| 18 | (12) if convicted of a violation of the Methamphetamine | ||||||
| 19 | Control and Community Protection Act, the Methamphetamine
| ||||||
| 20 | Precursor Control Act, or a methamphetamine related | ||||||
| 21 | offense: | ||||||
| 22 | (A) prohibited from purchasing, possessing, or | ||||||
| 23 | having under his or her control any product containing | ||||||
| 24 | pseudoephedrine unless prescribed by a physician; and | ||||||
| 25 | (B) prohibited from purchasing, possessing, or | ||||||
| 26 | having under his or her control any product containing | ||||||
| |||||||
| |||||||
| 1 | ammonium nitrate; and | ||||||
| 2 | (13) if convicted of a hate crime involving the | ||||||
| 3 | protected class identified in subsection (a) of Section | ||||||
| 4 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
| 5 | offense the offender committed, perform public or | ||||||
| 6 | community service of no less than 200 hours and enroll in | ||||||
| 7 | an educational program discouraging hate crimes that | ||||||
| 8 | includes racial, ethnic, and cultural sensitivity training | ||||||
| 9 | ordered by the court. | ||||||
| 10 | (b) The Court may in addition to other reasonable | ||||||
| 11 | conditions relating to the
nature of the offense or the | ||||||
| 12 | rehabilitation of the defendant as determined for
each | ||||||
| 13 | defendant in the proper discretion of the Court require that | ||||||
| 14 | the person:
| ||||||
| 15 | (1) serve a term of periodic imprisonment under Article | ||||||
| 16 | 7 for a
period not to exceed that specified in paragraph | ||||||
| 17 | (d) of Section 5-7-1;
| ||||||
| 18 | (2) pay a fine and costs;
| ||||||
| 19 | (3) work or pursue a course of study or vocational | ||||||
| 20 | training;
| ||||||
| 21 | (4) undergo medical, psychological or psychiatric | ||||||
| 22 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
| 23 | (5) attend or reside in a facility established for the | ||||||
| 24 | instruction
or residence of defendants on probation;
| ||||||
| 25 | (6) support his dependents;
| ||||||
| 26 | (7) and in addition, if a minor:
| ||||||
| |||||||
| |||||||
| 1 | (i) reside with his parents or in a foster home;
| ||||||
| 2 | (ii) attend school;
| ||||||
| 3 | (iii) attend a non-residential program for youth;
| ||||||
| 4 | (iv) contribute to his own support at home or in a | ||||||
| 5 | foster home;
| ||||||
| 6 | (v) with the consent of the superintendent of the
| ||||||
| 7 | facility, attend an educational program at a facility | ||||||
| 8 | other than the school
in which the
offense was | ||||||
| 9 | committed if he
or she is convicted of a crime of | ||||||
| 10 | violence as
defined in
Section 2 of the Crime Victims | ||||||
| 11 | Compensation Act committed in a school, on the
real
| ||||||
| 12 | property
comprising a school, or within 1,000 feet of | ||||||
| 13 | the real property comprising a
school;
| ||||||
| 14 | (8) make restitution as provided in Section 5-5-6 of | ||||||
| 15 | this Code;
| ||||||
| 16 | (9) perform some reasonable public or community | ||||||
| 17 | service;
| ||||||
| 18 | (10) serve a term of home confinement. In addition to | ||||||
| 19 | any other
applicable condition of probation or conditional | ||||||
| 20 | discharge, the
conditions of home confinement shall be that | ||||||
| 21 | the offender:
| ||||||
| 22 | (i) remain within the interior premises of the | ||||||
| 23 | place designated for
his confinement during the hours | ||||||
| 24 | designated by the court;
| ||||||
| 25 | (ii) admit any person or agent designated by the | ||||||
| 26 | court into the
offender's place of confinement at any | ||||||
| |||||||
| |||||||
| 1 | time for purposes of verifying
the offender's | ||||||
| 2 | compliance with the conditions of his confinement; and
| ||||||
| 3 | (iii) if further deemed necessary by the court or | ||||||
| 4 | the
Probation or
Court Services Department, be placed | ||||||
| 5 | on an approved
electronic monitoring device, subject | ||||||
| 6 | to Article 8A of Chapter V;
| ||||||
| 7 | (iv) for persons convicted of any alcohol, | ||||||
| 8 | cannabis or controlled
substance violation who are | ||||||
| 9 | placed on an approved monitoring device as a
condition | ||||||
| 10 | of probation or conditional discharge, the court shall | ||||||
| 11 | impose a
reasonable fee for each day of the use of the | ||||||
| 12 | device, as established by the
county board in | ||||||
| 13 | subsection (g) of this Section, unless after | ||||||
| 14 | determining the
inability of the offender to pay the | ||||||
| 15 | fee, the court assesses a lesser fee or no
fee as the | ||||||
| 16 | case may be. This fee shall be imposed in addition to | ||||||
| 17 | the fees
imposed under subsections (g) and (i) of this | ||||||
| 18 | Section. The fee shall be
collected by the clerk of the | ||||||
| 19 | circuit court, except as provided in an administrative | ||||||
| 20 | order of the Chief Judge of the circuit court. The | ||||||
| 21 | clerk of the circuit
court shall pay all monies | ||||||
| 22 | collected from this fee to the county treasurer
for | ||||||
| 23 | deposit in the substance abuse services fund under | ||||||
| 24 | Section 5-1086.1 of
the Counties Code, except as | ||||||
| 25 | provided in an administrative order of the Chief Judge | ||||||
| 26 | of the circuit court. | ||||||
| |||||||
| |||||||
| 1 | The Chief Judge of the circuit court of the county | ||||||
| 2 | may by administrative order establish a program for | ||||||
| 3 | electronic monitoring of offenders, in which a vendor | ||||||
| 4 | supplies and monitors the operation of the electronic | ||||||
| 5 | monitoring device, and collects the fees on behalf of | ||||||
| 6 | the county. The program shall include provisions for | ||||||
| 7 | indigent offenders and the collection of unpaid fees. | ||||||
| 8 | The program shall not unduly burden the offender and | ||||||
| 9 | shall be subject to review by the Chief Judge. | ||||||
| 10 | The Chief Judge of the circuit court may suspend | ||||||
| 11 | any additional charges or fees for late payment, | ||||||
| 12 | interest, or damage to any device; and
| ||||||
| 13 | (v) for persons convicted of offenses other than | ||||||
| 14 | those referenced in
clause (iv) above and who are | ||||||
| 15 | placed on an approved monitoring device as a
condition | ||||||
| 16 | of probation or conditional discharge, the court shall | ||||||
| 17 | impose
a reasonable fee for each day of the use of the | ||||||
| 18 | device, as established by the
county board in | ||||||
| 19 | subsection (g) of this Section, unless after | ||||||
| 20 | determining the
inability of the defendant to pay the | ||||||
| 21 | fee, the court assesses a lesser fee or
no fee as the | ||||||
| 22 | case may be. This fee shall be imposed in addition to | ||||||
| 23 | the fees
imposed under subsections (g) and (i) of this | ||||||
| 24 | Section. The fee
shall be collected by the clerk of the | ||||||
| 25 | circuit court, except as provided in an administrative | ||||||
| 26 | order of the Chief Judge of the circuit court. The | ||||||
| |||||||
| |||||||
| 1 | clerk of the circuit
court shall pay all monies | ||||||
| 2 | collected from this fee
to the county treasurer who | ||||||
| 3 | shall use the monies collected to defray the
costs of | ||||||
| 4 | corrections. The county treasurer shall deposit the | ||||||
| 5 | fee
collected in the probation and court services fund.
| ||||||
| 6 | The Chief Judge of the circuit court of the county may | ||||||
| 7 | by administrative order establish a program for | ||||||
| 8 | electronic monitoring of offenders, in which a vendor | ||||||
| 9 | supplies and monitors the operation of the electronic | ||||||
| 10 | monitoring device, and collects the fees on behalf of | ||||||
| 11 | the county. The program shall include provisions for | ||||||
| 12 | indigent offenders and the collection of unpaid fees. | ||||||
| 13 | The program shall not unduly burden the offender and | ||||||
| 14 | shall be subject to review by the Chief Judge.
| ||||||
| 15 | The Chief Judge of the circuit court may suspend | ||||||
| 16 | any additional charges or fees for late payment, | ||||||
| 17 | interest, or damage to any device. | ||||||
| 18 | (11) comply with the terms and conditions of an order | ||||||
| 19 | of protection issued
by the court pursuant to the Illinois | ||||||
| 20 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
| 21 | or an order of protection issued by the court of
another | ||||||
| 22 | state, tribe, or United States territory. A copy of the | ||||||
| 23 | order of
protection shall be
transmitted to the probation | ||||||
| 24 | officer or agency
having responsibility for the case;
| ||||||
| 25 | (12) reimburse any "local anti-crime program" as | ||||||
| 26 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
| |||||||
| |||||||
| 1 | for any reasonable expenses incurred
by the program on the | ||||||
| 2 | offender's case, not to exceed the maximum amount of
the | ||||||
| 3 | fine authorized for the offense for which the defendant was | ||||||
| 4 | sentenced;
| ||||||
| 5 | (13) contribute a reasonable sum of money, not to | ||||||
| 6 | exceed the maximum
amount of the fine authorized for the
| ||||||
| 7 | offense for which the defendant was sentenced, (i) to a | ||||||
| 8 | "local anti-crime
program", as defined in Section 7 of the | ||||||
| 9 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
| 10 | the jurisdiction of the Department of Natural Resources, to | ||||||
| 11 | the fund established by the Department of Natural Resources | ||||||
| 12 | for the purchase of evidence for investigation purposes and | ||||||
| 13 | to conduct investigations as outlined in Section 805-105 of | ||||||
| 14 | the Department of Natural Resources (Conservation) Law;
| ||||||
| 15 | (14) refrain from entering into a designated | ||||||
| 16 | geographic area except upon
such terms as the court finds | ||||||
| 17 | appropriate. Such terms may include
consideration of the | ||||||
| 18 | purpose of the entry, the time of day, other persons
| ||||||
| 19 | accompanying the defendant, and advance approval by a
| ||||||
| 20 | probation officer, if
the defendant has been placed on | ||||||
| 21 | probation or advance approval by the
court, if the | ||||||
| 22 | defendant was placed on conditional discharge;
| ||||||
| 23 | (15) refrain from having any contact, directly or | ||||||
| 24 | indirectly, with
certain specified persons or particular | ||||||
| 25 | types of persons, including but not
limited to members of | ||||||
| 26 | street gangs and drug users or dealers;
| ||||||
| |||||||
| |||||||
| 1 | (16) refrain from having in his or her body the | ||||||
| 2 | presence of any illicit
drug prohibited by the Cannabis | ||||||
| 3 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
| 4 | Methamphetamine Control and Community Protection Act, | ||||||
| 5 | unless prescribed by a physician, and submit samples of
his | ||||||
| 6 | or her blood or urine or both for tests to determine the | ||||||
| 7 | presence of any
illicit drug;
| ||||||
| 8 | (17) if convicted for an offense committed on or after | ||||||
| 9 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
| 10 | would qualify the accused as a child sex offender as | ||||||
| 11 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 12 | 1961 or the Criminal Code of 2012, refrain from | ||||||
| 13 | communicating with or contacting, by means of the Internet, | ||||||
| 14 | a person who is related to the accused and whom the accused | ||||||
| 15 | reasonably believes to be under 18 years of age; for | ||||||
| 16 | purposes of this paragraph (17), "Internet" has the meaning | ||||||
| 17 | ascribed to it in Section 16-0.1 of the Criminal Code of | ||||||
| 18 | 2012; and a person is related to the accused if the person | ||||||
| 19 | is: (i) the spouse, brother, or sister of the accused; (ii) | ||||||
| 20 | a descendant of the accused; (iii) a first or second cousin | ||||||
| 21 | of the accused; or (iv) a step-child or adopted child of | ||||||
| 22 | the accused; | ||||||
| 23 | (18) if convicted for an offense committed on or after | ||||||
| 24 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
| 25 | would qualify as a sex offense as defined in the Sex | ||||||
| 26 | Offender Registration Act: | ||||||
| |||||||
| |||||||
| 1 | (i) not access or use a computer or any other | ||||||
| 2 | device with Internet capability without the prior | ||||||
| 3 | written approval of the offender's probation officer, | ||||||
| 4 | except in connection with the offender's employment or | ||||||
| 5 | search for employment with the prior approval of the | ||||||
| 6 | offender's probation officer; | ||||||
| 7 | (ii) submit to periodic unannounced examinations | ||||||
| 8 | of the offender's computer or any other device with | ||||||
| 9 | Internet capability by the offender's probation | ||||||
| 10 | officer, a law enforcement officer, or assigned | ||||||
| 11 | computer or information technology specialist, | ||||||
| 12 | including the retrieval and copying of all data from | ||||||
| 13 | the computer or device and any internal or external | ||||||
| 14 | peripherals and removal of such information, | ||||||
| 15 | equipment, or device to conduct a more thorough | ||||||
| 16 | inspection; | ||||||
| 17 | (iii) submit to the installation on the offender's | ||||||
| 18 | computer or device with Internet capability, at the | ||||||
| 19 | subject's expense, of one or more hardware or software | ||||||
| 20 | systems to monitor the Internet use; and | ||||||
| 21 | (iv) submit to any other appropriate restrictions | ||||||
| 22 | concerning the offender's use of or access to a | ||||||
| 23 | computer or any other device with Internet capability | ||||||
| 24 | imposed by the offender's probation officer; and | ||||||
| 25 | (19) refrain from possessing a firearm or other | ||||||
| 26 | dangerous weapon where the offense is a misdemeanor that | ||||||
| |||||||
| |||||||
| 1 | did not involve the intentional or knowing infliction of | ||||||
| 2 | bodily harm or threat of bodily harm. | ||||||
| 3 | (c) The court may as a condition of probation or of | ||||||
| 4 | conditional
discharge require that a person under 18 years of | ||||||
| 5 | age found guilty of any
alcohol, cannabis or controlled | ||||||
| 6 | substance violation, refrain from acquiring
a driver's license | ||||||
| 7 | during
the period of probation or conditional discharge. If | ||||||
| 8 | such person
is in possession of a permit or license, the court | ||||||
| 9 | may require that
the minor refrain from driving or operating | ||||||
| 10 | any motor vehicle during the
period of probation or conditional | ||||||
| 11 | discharge, except as may be necessary in
the course of the | ||||||
| 12 | minor's lawful employment.
| ||||||
| 13 | (d) An offender sentenced to probation or to conditional | ||||||
| 14 | discharge
shall be given a certificate setting forth the | ||||||
| 15 | conditions thereof.
| ||||||
| 16 | (e) Except where the offender has committed a fourth or | ||||||
| 17 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
| 18 | Illinois Vehicle Code,
the court shall not require as a | ||||||
| 19 | condition of the sentence of
probation or conditional discharge | ||||||
| 20 | that the offender be committed to a
period of imprisonment in | ||||||
| 21 | excess of 6 months.
This 6-month limit shall not include | ||||||
| 22 | periods of confinement given pursuant to
a sentence of county | ||||||
| 23 | impact incarceration under Section 5-8-1.2.
| ||||||
| 24 | Persons committed to imprisonment as a condition of | ||||||
| 25 | probation or
conditional discharge shall not be committed to | ||||||
| 26 | the Department of
Corrections.
| ||||||
| |||||||
| |||||||
| 1 | (f) The court may combine a sentence of periodic | ||||||
| 2 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
| 3 | incarceration program under
Article 8 with a sentence of | ||||||
| 4 | probation or conditional discharge.
| ||||||
| 5 | (g) An offender sentenced to probation or to conditional | ||||||
| 6 | discharge and
who during the term of either undergoes mandatory | ||||||
| 7 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
| 8 | on an approved electronic monitoring
device, shall be ordered | ||||||
| 9 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
| 10 | testing, or both, and all costs
incidental to such approved | ||||||
| 11 | electronic monitoring in accordance with the
defendant's | ||||||
| 12 | ability to pay those costs. The county board with
the | ||||||
| 13 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
| 14 | the county is located shall establish reasonable fees for
the | ||||||
| 15 | cost of maintenance, testing, and incidental expenses related | ||||||
| 16 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
| 17 | costs incidental to
approved electronic monitoring, involved | ||||||
| 18 | in a successful probation program
for the county. The | ||||||
| 19 | concurrence of the Chief Judge shall be in the form of
an | ||||||
| 20 | administrative order.
The fees shall be collected by the clerk | ||||||
| 21 | of the circuit court, except as provided in an administrative | ||||||
| 22 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
| 23 | circuit court shall pay all moneys collected from these fees to | ||||||
| 24 | the county
treasurer who shall use the moneys collected to | ||||||
| 25 | defray the costs of
drug testing, alcohol testing, and | ||||||
| 26 | electronic monitoring.
The county treasurer shall deposit the | ||||||
| |||||||
| |||||||
| 1 | fees collected in the
county working cash fund under Section | ||||||
| 2 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
| 3 | may be.
The Chief Judge of the circuit court of the county may | ||||||
| 4 | by administrative order establish a program for electronic | ||||||
| 5 | monitoring of offenders, in which a vendor supplies and | ||||||
| 6 | monitors the operation of the electronic monitoring device, and | ||||||
| 7 | collects the fees on behalf of the county. The program shall | ||||||
| 8 | include provisions for indigent offenders and the collection of | ||||||
| 9 | unpaid fees. The program shall not unduly burden the offender | ||||||
| 10 | and shall be subject to review by the Chief Judge.
| ||||||
| 11 | The Chief Judge of the circuit court may suspend any | ||||||
| 12 | additional charges or fees for late payment, interest, or | ||||||
| 13 | damage to any device. | ||||||
| 14 | (h) Jurisdiction over an offender may be transferred from | ||||||
| 15 | the
sentencing court to the court of another circuit with the | ||||||
| 16 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
| 17 | jurisdiction are also
authorized in the same manner. The court | ||||||
| 18 | to which jurisdiction has been
transferred shall have the same | ||||||
| 19 | powers as the sentencing court.
The probation department within | ||||||
| 20 | the circuit to which jurisdiction has been transferred, or | ||||||
| 21 | which has agreed to provide supervision, may impose probation | ||||||
| 22 | fees upon receiving the transferred offender, as provided in | ||||||
| 23 | subsection (i). For all transfer cases, as defined in Section | ||||||
| 24 | 9b of the Probation and Probation Officers Act, the probation | ||||||
| 25 | department from the original sentencing court shall retain all | ||||||
| 26 | probation fees collected prior to the transfer. After the | ||||||
| |||||||
| |||||||
| 1 | transfer,
all probation fees shall be paid to the probation | ||||||
| 2 | department within the
circuit to which jurisdiction has been | ||||||
| 3 | transferred.
| ||||||
| 4 | (i) The court shall impose upon an offender
sentenced to | ||||||
| 5 | probation after January 1, 1989 or to conditional discharge
| ||||||
| 6 | after January 1, 1992 or to community service under the | ||||||
| 7 | supervision of a
probation or court services department after | ||||||
| 8 | January 1, 2004, as a condition of such probation or | ||||||
| 9 | conditional
discharge or supervised community service, a fee of | ||||||
| 10 | $50
for each month of probation or
conditional
discharge | ||||||
| 11 | supervision or supervised community service ordered by the | ||||||
| 12 | court, unless after
determining the inability of the person | ||||||
| 13 | sentenced to probation or conditional
discharge or supervised | ||||||
| 14 | community service to pay the
fee, the court assesses a lesser | ||||||
| 15 | fee. The court may not impose the fee on a
minor who is placed | ||||||
| 16 | in the guardianship or custody of the Department of Children | ||||||
| 17 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
| 18 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
| 19 | an offender who is actively supervised by the
probation and | ||||||
| 20 | court services
department. The fee shall be collected by the | ||||||
| 21 | clerk
of the circuit court. The clerk of the circuit court | ||||||
| 22 | shall pay all monies
collected from this fee to the county | ||||||
| 23 | treasurer for deposit in the
probation and court services fund | ||||||
| 24 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
| 25 | A circuit court may not impose a probation fee under this | ||||||
| 26 | subsection (i) in excess of $25
per month unless the circuit | ||||||
| |||||||
| |||||||
| 1 | court has adopted, by administrative
order issued by the chief | ||||||
| 2 | judge, a standard probation fee guide
determining an offender's | ||||||
| 3 | ability to pay. Of the
amount collected as a probation fee, up | ||||||
| 4 | to $5 of that fee
collected per month may be used to provide | ||||||
| 5 | services to crime victims
and their families. | ||||||
| 6 | The Court may only waive probation fees based on an | ||||||
| 7 | offender's ability to pay. The probation department may | ||||||
| 8 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
| 9 | with the approval of the Director of Court Services or the | ||||||
| 10 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
| 11 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
| 12 | offender that has been assigned to the supervision of a | ||||||
| 13 | probation department, or has been transferred either under | ||||||
| 14 | subsection (h) of this Section or under any interstate compact, | ||||||
| 15 | shall be required to pay probation fees to the department | ||||||
| 16 | supervising the offender, based on the offender's ability to | ||||||
| 17 | pay.
| ||||||
| 18 | Public Act 93-970 deletes the $10 increase in the fee under | ||||||
| 19 | this subsection that was imposed by Public Act 93-616. This | ||||||
| 20 | deletion is intended to control over any other Act of the 93rd | ||||||
| 21 | General Assembly that retains or incorporates that fee | ||||||
| 22 | increase. | ||||||
| 23 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
| 24 | of this Section, in the case of an offender convicted of a | ||||||
| 25 | felony sex offense (as defined in the Sex Offender Management | ||||||
| 26 | Board Act) or an offense that the court or probation department | ||||||
| |||||||
| |||||||
| 1 | has determined to be sexually motivated (as defined in the Sex | ||||||
| 2 | Offender Management Board Act), the court or the probation | ||||||
| 3 | department shall assess additional fees to pay for all costs of | ||||||
| 4 | treatment, assessment, evaluation for risk and treatment, and | ||||||
| 5 | monitoring the offender, based on that offender's ability to | ||||||
| 6 | pay those costs either as they occur or under a payment plan. | ||||||
| 7 | (j) All fines and costs imposed under this Section for any | ||||||
| 8 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
| 9 | Code, or a similar
provision of a local ordinance, and any | ||||||
| 10 | violation of the Child Passenger
Protection Act, or a similar | ||||||
| 11 | provision of a local ordinance, shall be
collected and | ||||||
| 12 | disbursed by the circuit clerk as provided under the Criminal | ||||||
| 13 | and Traffic Assessment Act.
| ||||||
| 14 | (k) Any offender who is sentenced to probation or | ||||||
| 15 | conditional discharge for a felony sex offense as defined in | ||||||
| 16 | the Sex Offender Management Board Act or any offense that the | ||||||
| 17 | court or probation department has determined to be sexually | ||||||
| 18 | motivated as defined in the Sex Offender Management Board Act | ||||||
| 19 | shall be required to refrain from any contact, directly or | ||||||
| 20 | indirectly, with any persons specified by the court and shall | ||||||
| 21 | be available for all evaluations and treatment programs | ||||||
| 22 | required by the court or the probation department.
| ||||||
| 23 | (l) The court may order an offender who is sentenced to | ||||||
| 24 | probation or conditional
discharge for a violation of an order | ||||||
| 25 | of protection be placed under electronic surveillance as | ||||||
| 26 | provided in Section 5-8A-7 of this Code. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; | ||||||
| 2 | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | ||||||
| 3 | 1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
| ||||||
| 4 | (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
| ||||||
| 5 | Sec. 5-9-1.2. (a) Twelve and one-half percent of all | ||||||
| 6 | amounts collected
as fines pursuant to Section 5-9-1.1 shall be | ||||||
| 7 | paid into the Youth Drug
Abuse Prevention Fund, which is hereby | ||||||
| 8 | created in the State treasury, to be
used by the Department of | ||||||
| 9 | Human Services
for the funding of
programs and services for | ||||||
| 10 | drug-abuse treatment, and prevention and
education services, | ||||||
| 11 | for juveniles.
| ||||||
| 12 | (b) Eighty-seven and one-half percent of the proceeds of | ||||||
| 13 | all fines
received pursuant to Section 5-9-1.1 shall be | ||||||
| 14 | transmitted to and deposited
in the treasurer's office at the | ||||||
| 15 | level of government as follows:
| ||||||
| 16 | (1) If such seizure was made by a combination of law | ||||||
| 17 | enforcement
personnel representing differing units of | ||||||
| 18 | local government, the court
levying the fine shall | ||||||
| 19 | equitably allocate 50% of the fine among these units
of | ||||||
| 20 | local government and shall allocate 37 1/2% to the county | ||||||
| 21 | general
corporate fund. In the event that the seizure was | ||||||
| 22 | made by law enforcement
personnel representing a unit of | ||||||
| 23 | local government from a municipality where
the number of | ||||||
| 24 | inhabitants exceeds 2 million in population, the court
| ||||||
| 25 | levying the fine shall allocate 87 1/2% of the fine to that | ||||||
| |||||||
| |||||||
| 1 | unit of local
government. If the seizure was made by a | ||||||
| 2 | combination of law enforcement
personnel representing | ||||||
| 3 | differing units of local government, and at least
one of | ||||||
| 4 | those units represents a municipality where the number of
| ||||||
| 5 | inhabitants exceeds 2 million in population, the court | ||||||
| 6 | shall equitably
allocate 87 1/2% of the proceeds of the | ||||||
| 7 | fines received among the differing
units of local | ||||||
| 8 | government.
| ||||||
| 9 | (2) If such seizure was made by State law enforcement | ||||||
| 10 | personnel, then
the court shall allocate 37 1/2% to the | ||||||
| 11 | State treasury and 50% to the
county general corporate | ||||||
| 12 | fund.
| ||||||
| 13 | (3) If a State law enforcement agency in combination | ||||||
| 14 | with a law
enforcement agency or agencies of a unit or | ||||||
| 15 | units of local government
conducted the seizure, the court | ||||||
| 16 | shall equitably allocate 37 1/2% of the
fines to or among | ||||||
| 17 | the law enforcement agency or agencies of the unit or
units | ||||||
| 18 | of local government which conducted the seizure and shall | ||||||
| 19 | allocate
50% to the county general corporate fund.
| ||||||
| 20 | (c) The proceeds of all fines allocated to the law | ||||||
| 21 | enforcement agency or
agencies of the unit or units of local | ||||||
| 22 | government pursuant to subsection
(b) shall be made available | ||||||
| 23 | to that law enforcement agency as expendable
receipts for use | ||||||
| 24 | in the enforcement of laws regulating controlled
substances and | ||||||
| 25 | cannabis. The proceeds of fines awarded to the State
treasury | ||||||
| 26 | shall be deposited in a special fund known as the Drug Traffic
| ||||||
| |||||||
| |||||||
| 1 | Prevention Fund. Monies from this fund may be used by the | ||||||
| 2 | Illinois Department of State Police for use in the enforcement | ||||||
| 3 | of laws regulating controlled
substances and cannabis; to | ||||||
| 4 | satisfy funding provisions of the
Intergovernmental Drug Laws | ||||||
| 5 | Enforcement Act; and to defray costs and
expenses
associated | ||||||
| 6 | with returning violators of the Cannabis Control Act, the
| ||||||
| 7 | Illinois Controlled Substances Act, and the Methamphetamine | ||||||
| 8 | Control and Community Protection Act only, as provided in those | ||||||
| 9 | Acts, when
punishment of the crime shall be confinement of the | ||||||
| 10 | criminal in the
penitentiary. Moneys in the Drug Traffic | ||||||
| 11 | Prevention Fund deposited from
fines
awarded
as a direct result | ||||||
| 12 | of enforcement efforts of the Illinois Conservation Police
may | ||||||
| 13 | be used by the Department of Natural Resources Office of Law
| ||||||
| 14 | Enforcement for use in enforcing laws regulating controlled | ||||||
| 15 | substances
and cannabis on Department of Natural Resources | ||||||
| 16 | regulated lands and
waterways. All other monies shall be paid | ||||||
| 17 | into the general revenue
fund in the State treasury. | ||||||
| 18 | (d) There is created in the State treasury the | ||||||
| 19 | Methamphetamine Law Enforcement Fund. Moneys in the Fund shall | ||||||
| 20 | be equitably allocated to local law enforcement agencies to: | ||||||
| 21 | (1) reimburse those agencies for the costs of securing and | ||||||
| 22 | cleaning up sites and facilities used for the illegal | ||||||
| 23 | manufacture of methamphetamine; (2) defray the costs of | ||||||
| 24 | employing full-time or part-time peace officers from a | ||||||
| 25 | Metropolitan Enforcement Group or other local drug task force, | ||||||
| 26 | including overtime costs for those officers; and (3) defray the | ||||||
| |||||||
| |||||||
| 1 | costs associated with medical or dental expenses incurred by | ||||||
| 2 | the county resulting from the incarceration of methamphetamine | ||||||
| 3 | addicts in the county jail or County Department of Corrections.
| ||||||
| 4 | (Source: P.A. 94-550, eff. 1-1-06; 94-556, eff. 9-11-05; | ||||||
| 5 | 95-331, eff. 8-21-07.)
| ||||||
| 6 | (730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
| ||||||
| 7 | Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||||||
| 8 | not-for-profit
laboratory registered with the Drug Enforcement | ||||||
| 9 | Administration of the
United States Department of Justice, | ||||||
| 10 | substantially funded by a unit or
combination of units of local | ||||||
| 11 | government or the State of Illinois, which
regularly employs at | ||||||
| 12 | least one person engaged in the analysis
of controlled | ||||||
| 13 | substances, cannabis, methamphetamine, or steroids for | ||||||
| 14 | criminal justice
agencies in criminal matters and provides | ||||||
| 15 | testimony with respect to such
examinations.
| ||||||
| 16 | (b) (Blank).
| ||||||
| 17 | (c) In addition to any other disposition made pursuant to | ||||||
| 18 | the provisions
of the Juvenile Court Act of 1987, any minor | ||||||
| 19 | adjudicated delinquent for an
offense
which if committed by an | ||||||
| 20 | adult would constitute a violation of the Cannabis
Control Act, | ||||||
| 21 | the Illinois Controlled Substances Act, the Methamphetamine | ||||||
| 22 | Control and Community Protection Act, or the Steroid Control
| ||||||
| 23 | Act shall be required to pay a criminal laboratory analysis | ||||||
| 24 | assessment of $100
for each
adjudication.
Upon verified | ||||||
| 25 | petition of the minor, the court may suspend payment of
all or | ||||||
| |||||||
| |||||||
| 1 | part of the assessment if it finds that the minor does not have | ||||||
| 2 | the ability
to pay the assessment.
The parent, guardian or | ||||||
| 3 | legal custodian of the minor may pay
some or all of such | ||||||
| 4 | assessment on the minor's behalf.
| ||||||
| 5 | (d) All criminal laboratory analysis fees provided for by | ||||||
| 6 | this Section shall
be collected by the clerk of the court and | ||||||
| 7 | forwarded to the appropriate
crime laboratory fund as provided | ||||||
| 8 | in subsection (f).
| ||||||
| 9 | (e) Crime laboratory funds shall be established as follows:
| ||||||
| 10 | (1) Any unit of local government which maintains a | ||||||
| 11 | crime laboratory may
establish a crime laboratory fund | ||||||
| 12 | within the office of the county or municipal treasurer.
| ||||||
| 13 | (2) Any combination of units of local government which | ||||||
| 14 | maintains a crime
laboratory may establish a crime | ||||||
| 15 | laboratory fund within the office of the
treasurer of the | ||||||
| 16 | county where the crime laboratory is situated.
| ||||||
| 17 | (3) The State Crime Laboratory Fund is hereby
created | ||||||
| 18 | as a special fund in the State Treasury.
| ||||||
| 19 | (f) The analysis assessment provided for in subsection (c) | ||||||
| 20 | of this
Section shall be forwarded to the office of the | ||||||
| 21 | treasurer of the unit of
local government that performed the | ||||||
| 22 | analysis if that unit of local
government has established a | ||||||
| 23 | crime laboratory fund, or to the State Crime
Laboratory Fund if | ||||||
| 24 | the analysis was performed by a laboratory operated by
the | ||||||
| 25 | Illinois State Police. If the analysis was performed by a crime
| ||||||
| 26 | laboratory funded by a combination of units of local | ||||||
| |||||||
| |||||||
| 1 | government, the
analysis assessment shall be forwarded to the | ||||||
| 2 | treasurer of the
county where the crime laboratory is situated | ||||||
| 3 | if a crime laboratory fund
has been established in that county. | ||||||
| 4 | If the unit of local government or
combination of units of | ||||||
| 5 | local government has not established a crime
laboratory fund, | ||||||
| 6 | then the analysis assessment shall be forwarded to the State
| ||||||
| 7 | Crime Laboratory Fund.
| ||||||
| 8 | (g) Moneys deposited into a crime laboratory fund created | ||||||
| 9 | pursuant to
paragraphs (1) or (2) of subsection (e) of this | ||||||
| 10 | Section shall be in
addition to any allocations made pursuant | ||||||
| 11 | to existing law and shall be
designated for the exclusive use | ||||||
| 12 | of the crime laboratory. These uses may
include, but are not | ||||||
| 13 | limited to, the following:
| ||||||
| 14 | (1) costs incurred in providing analysis for | ||||||
| 15 | controlled substances in
connection with criminal | ||||||
| 16 | investigations conducted within this State;
| ||||||
| 17 | (2) purchase and maintenance of equipment for use in | ||||||
| 18 | performing analyses; and
| ||||||
| 19 | (3) continuing education, training and professional | ||||||
| 20 | development of
forensic
scientists regularly employed by | ||||||
| 21 | these laboratories.
| ||||||
| 22 | (h) Moneys deposited in the State Crime Laboratory Fund | ||||||
| 23 | created pursuant
to paragraph (3) of subsection (d) of this | ||||||
| 24 | Section shall be used by State
crime laboratories as designated | ||||||
| 25 | by the Director of the Illinois State Police. These
funds shall | ||||||
| 26 | be in addition to any allocations made pursuant to existing law
| ||||||
| |||||||
| |||||||
| 1 | and shall be designated for the exclusive use of State crime | ||||||
| 2 | laboratories or for the sexual assault evidence tracking system | ||||||
| 3 | created under Section 50 of the Sexual Assault Evidence | ||||||
| 4 | Submission Act.
These uses may include those enumerated in | ||||||
| 5 | subsection (g) of this Section.
| ||||||
| 6 | (Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)
| ||||||
| 7 | (730 ILCS 5/5-9-1.9)
| ||||||
| 8 | Sec. 5-9-1.9. DUI analysis fee.
| ||||||
| 9 | (a) "Crime laboratory" means a not-for-profit laboratory | ||||||
| 10 | substantially
funded by a single unit or combination of units | ||||||
| 11 | of local government or the
State of
Illinois that regularly | ||||||
| 12 | employs at least one person engaged in the DUI
analysis of | ||||||
| 13 | blood, other bodily substance, and urine for criminal justice | ||||||
| 14 | agencies in criminal matters
and provides testimony with | ||||||
| 15 | respect to such examinations.
| ||||||
| 16 | "DUI analysis" means an analysis of blood, other bodily | ||||||
| 17 | substance, or urine for purposes of
determining whether a | ||||||
| 18 | violation of Section 11-501 of the Illinois Vehicle Code
has | ||||||
| 19 | occurred.
| ||||||
| 20 | (b) (Blank).
| ||||||
| 21 | (c) In addition to any other disposition made under the | ||||||
| 22 | provisions of
the Juvenile Court Act of 1987, any minor | ||||||
| 23 | adjudicated delinquent for an offense
which if committed by an | ||||||
| 24 | adult would constitute a violation of Section 11-501
of the | ||||||
| 25 | Illinois Vehicle Code shall pay a crime laboratory DUI analysis | ||||||
| |||||||
| |||||||
| 1 | assessment
of $150 for each adjudication. Upon verified | ||||||
| 2 | petition of the minor, the
court may suspend payment of all or | ||||||
| 3 | part of the assessment if it finds
that the minor does not have | ||||||
| 4 | the ability to pay the assessment. The parent, guardian,
or | ||||||
| 5 | legal custodian of the minor may pay some or all of the | ||||||
| 6 | assessment on the minor's
behalf.
| ||||||
| 7 | (d) All crime laboratory DUI analysis assessments provided | ||||||
| 8 | for by this Section
shall
be collected by the clerk of the | ||||||
| 9 | court and forwarded to the appropriate crime
laboratory DUI | ||||||
| 10 | fund as provided in subsection (f).
| ||||||
| 11 | (e) Crime laboratory funds shall be established as follows:
| ||||||
| 12 | (1) A unit of local government that maintains a crime | ||||||
| 13 | laboratory may
establish a crime laboratory DUI fund within | ||||||
| 14 | the office of the county or
municipal treasurer.
| ||||||
| 15 | (2) Any combination of units of local government that | ||||||
| 16 | maintains a crime
laboratory may establish a crime | ||||||
| 17 | laboratory DUI fund within the office of the
treasurer of | ||||||
| 18 | the county where the crime laboratory is situated.
| ||||||
| 19 | (3) The State Police DUI Fund is created as a
special | ||||||
| 20 | fund in
the State Treasury.
| ||||||
| 21 | (f) The analysis assessment provided for in subsection (c) | ||||||
| 22 | of this Section
shall be forwarded to the office of the | ||||||
| 23 | treasurer of the unit of local
government that performed the | ||||||
| 24 | analysis if that unit of local government has
established a | ||||||
| 25 | crime laboratory DUI fund, or to the State Treasurer for | ||||||
| 26 | deposit
into the State Crime Laboratory Fund if the analysis | ||||||
| |||||||
| |||||||
| 1 | was
performed by a
laboratory operated by the Illinois | ||||||
| 2 | Department of State Police. If the analysis was
performed by a | ||||||
| 3 | crime laboratory funded by a combination of units of local
| ||||||
| 4 | government, the analysis assessment shall be forwarded to the | ||||||
| 5 | treasurer of the county
where the crime laboratory is situated | ||||||
| 6 | if a crime laboratory DUI fund has been
established in that | ||||||
| 7 | county. If the unit of local government or combination of
units | ||||||
| 8 | of local government has not established a crime laboratory DUI | ||||||
| 9 | fund, then
the analysis assessment shall be forwarded to the | ||||||
| 10 | State Treasurer for deposit into
the State Crime Laboratory | ||||||
| 11 | Fund.
| ||||||
| 12 | (g) Moneys deposited into a crime laboratory DUI fund | ||||||
| 13 | created under
paragraphs (1) and (2) of subsection (e) of this | ||||||
| 14 | Section shall be in addition
to any allocations made pursuant | ||||||
| 15 | to existing law and shall be designated for
the exclusive use | ||||||
| 16 | of the crime laboratory. These uses may include, but are not
| ||||||
| 17 | limited to, the following:
| ||||||
| 18 | (1) Costs incurred in providing analysis for DUI | ||||||
| 19 | investigations conducted
within this State.
| ||||||
| 20 | (2) Purchase and maintenance of equipment for use in | ||||||
| 21 | performing analyses.
| ||||||
| 22 | (3) Continuing education, training, and professional | ||||||
| 23 | development of
forensic scientists regularly employed by | ||||||
| 24 | these laboratories.
| ||||||
| 25 | (h) Moneys deposited in the State Crime Laboratory Fund
| ||||||
| 26 | shall be used by
State crime laboratories as designated by the | ||||||
| |||||||
| |||||||
| 1 | Director of the Illinois State Police. These
funds shall be in | ||||||
| 2 | addition to any allocations made according to existing law
and | ||||||
| 3 | shall be designated for the exclusive use of State crime | ||||||
| 4 | laboratories.
These uses may include those enumerated in | ||||||
| 5 | subsection (g) of this Section.
| ||||||
| 6 | (Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19; | ||||||
| 7 | 100-1161, eff. 7-1-19.)
| ||||||
| 8 | Section 1060. The Arsonist Registration Act is amended by | ||||||
| 9 | changing Sections 10, 15, 20, 25, 30, 35, 45, 50, 55, 60, 70, | ||||||
| 10 | 75, and 80 as follows:
| ||||||
| 11 | (730 ILCS 148/10)
| ||||||
| 12 | Sec. 10. Duty to register. | ||||||
| 13 | (a) An arsonist shall, within the time period prescribed in | ||||||
| 14 | subsections (b) and (c), register in person and provide | ||||||
| 15 | accurate information as required by the Illinois Department of | ||||||
| 16 | State Police. Such information shall include current address, | ||||||
| 17 | current place of employment, and school attended. The arsonist | ||||||
| 18 | shall register: | ||||||
| 19 | (1) with the chief of police in each of the
| ||||||
| 20 | municipalities in which he or she attends school, is | ||||||
| 21 | employed, resides or is temporarily domiciled for a period | ||||||
| 22 | of time of 10 or more days, unless the municipality is the | ||||||
| 23 | City of Chicago, in which case he or she shall register at | ||||||
| 24 | a fixed location designated by the Superintendent of the | ||||||
| |||||||
| |||||||
| 1 | Chicago Police Department; or
| ||||||
| 2 | (2) with the sheriff in each of the counties in
which | ||||||
| 3 | he or she attends school, is employed, resides or is | ||||||
| 4 | temporarily domiciled in an unincorporated area or, if | ||||||
| 5 | incorporated, no police chief exists.
For purposes of this | ||||||
| 6 | Act, the place of residence or temporary domicile is | ||||||
| 7 | defined as any and all places where the arsonist resides | ||||||
| 8 | for an aggregate period of time of 10 or more days during | ||||||
| 9 | any calendar year.
The arsonist shall provide accurate | ||||||
| 10 | information as required by the Illinois Department of State | ||||||
| 11 | Police. That information shall include the arsonist's | ||||||
| 12 | current place of employment.
| ||||||
| 13 | (a-5) An out-of-state student or out-of-state employee | ||||||
| 14 | shall, within 10 days after beginning school or employment in | ||||||
| 15 | this State, register in person and provide accurate information | ||||||
| 16 | as required by the Illinois Department of State Police. Such | ||||||
| 17 | information must include current place of employment, school | ||||||
| 18 | attended, and address in state of residence: | ||||||
| 19 | (1) with the chief of police in each of the
| ||||||
| 20 | municipalities in which he or she attends school or is | ||||||
| 21 | employed for a period of time of 10 or more days or for an | ||||||
| 22 | aggregate period of time of more than 30 days during any | ||||||
| 23 | calendar year, unless the municipality is the City of | ||||||
| 24 | Chicago, in which case he or she shall register at a fixed | ||||||
| 25 | location designated by the Superintendent of the Chicago | ||||||
| 26 | Police Department; or
| ||||||
| |||||||
| |||||||
| 1 | (2) with the sheriff in each of the counties in
which | ||||||
| 2 | he or she attends school or is employed for a period of | ||||||
| 3 | time of 10 or more days or for an aggregate period of time | ||||||
| 4 | of more than 30 days during any calendar year in an | ||||||
| 5 | unincorporated area or, if incorporated, no police chief | ||||||
| 6 | exists.
The out-of-state student or out-of-state employee | ||||||
| 7 | shall provide accurate information as required by the | ||||||
| 8 | Illinois Department of State Police. That information | ||||||
| 9 | shall include the out-of-state student's current place of | ||||||
| 10 | school attendance or the out-of-state employee's current | ||||||
| 11 | place of employment. | ||||||
| 12 | (b) An arsonist as defined in Section 5 of this Act, | ||||||
| 13 | regardless of any initial, prior, or other registration, shall, | ||||||
| 14 | within 10 days of beginning school, or establishing a | ||||||
| 15 | residence, place of employment, or temporary domicile in any | ||||||
| 16 | county, register in person as set forth in subsection (a) or | ||||||
| 17 | (a-5).
| ||||||
| 18 | (c) The registration for any person required to register | ||||||
| 19 | under this Act shall be as follows:
| ||||||
| 20 | (1) Except as provided in paragraph (3) of this | ||||||
| 21 | subsection (c), any
person who has not been notified of his | ||||||
| 22 | or her responsibility to register shall be notified by a | ||||||
| 23 | criminal justice entity of his or her responsibility to | ||||||
| 24 | register. Upon notification the person must then register | ||||||
| 25 | within 10 days of notification of his or her requirement to | ||||||
| 26 | register. If notification is not made within the offender's | ||||||
| |||||||
| |||||||
| 1 | 10 year registration requirement, and the Illinois | ||||||
| 2 | Department of State Police determines no evidence exists or | ||||||
| 3 | indicates the offender attempted to avoid registration, | ||||||
| 4 | the offender will no longer be required to register under | ||||||
| 5 | this Act.
| ||||||
| 6 | (2) Except as provided in paragraph (3) of this | ||||||
| 7 | subsection (c), any
person convicted on or after the | ||||||
| 8 | effective date of this Act shall register in person within | ||||||
| 9 | 10 days after the entry of the sentencing order based upon | ||||||
| 10 | his or her conviction.
| ||||||
| 11 | (3) Any person unable to comply with the
registration | ||||||
| 12 | requirements of this Act because he or she is confined, | ||||||
| 13 | institutionalized, or imprisoned in Illinois on or after | ||||||
| 14 | the effective date of this Act shall register in person | ||||||
| 15 | within 10 days of discharge, parole or release.
| ||||||
| 16 | (4) The person shall provide positive identification
| ||||||
| 17 | and documentation that substantiates proof of residence at | ||||||
| 18 | the registering address.
| ||||||
| 19 | (5) The person shall pay a $10 initial registration
fee | ||||||
| 20 | and a $5 annual renewal fee. The fees shall be used by the | ||||||
| 21 | registering agency for official purposes. The agency shall | ||||||
| 22 | establish procedures to document receipt and use of the | ||||||
| 23 | funds. The law enforcement agency having jurisdiction may | ||||||
| 24 | waive the registration fee if it determines that the person | ||||||
| 25 | is indigent and unable to pay the registration fee.
| ||||||
| 26 | (d) Within 10 days after obtaining or changing employment, | ||||||
| |||||||
| |||||||
| 1 | a person required to register under this Section must report, | ||||||
| 2 | in person or in writing to the law enforcement agency having | ||||||
| 3 | jurisdiction, the business name and address where he or she is | ||||||
| 4 | employed. If the person has multiple businesses or work | ||||||
| 5 | locations, every business and work location must be reported to | ||||||
| 6 | the law enforcement agency having jurisdiction.
| ||||||
| 7 | (Source: P.A. 99-755, eff. 8-5-16.)
| ||||||
| 8 | (730 ILCS 148/15)
| ||||||
| 9 | Sec. 15. Discharge of arsonist from penal institution. Any | ||||||
| 10 | arsonist who is discharged, paroled or released from a | ||||||
| 11 | Department of Corrections facility, a facility where such | ||||||
| 12 | person was placed by the Department of Corrections or another | ||||||
| 13 | penal institution, and whose liability for registration has not | ||||||
| 14 | terminated under Section 45 shall, within 10 days prior to | ||||||
| 15 | discharge, parole, or release from the facility or institution, | ||||||
| 16 | be informed of his or her duty to register in person under this | ||||||
| 17 | Act by the facility or institution in which he or she was | ||||||
| 18 | confined. The facility or institution shall also inform any | ||||||
| 19 | person who must register that if he or she establishes a | ||||||
| 20 | residence outside of the State of Illinois, is employed outside | ||||||
| 21 | of the State of Illinois, or attends school outside of the | ||||||
| 22 | State of Illinois, he or she must register in the new state | ||||||
| 23 | within 10 days after establishing the residence, beginning | ||||||
| 24 | employment, or beginning school.
The facility shall require the | ||||||
| 25 | person to read and sign such form as may be required by the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police stating that the duty to | ||||||
| 2 | register and the procedure for registration has been explained | ||||||
| 3 | to him or her and that he or she understands the duty to | ||||||
| 4 | register and the procedure for registration. The facility shall | ||||||
| 5 | further advise the person in writing that the failure to | ||||||
| 6 | register or other violation of this Act shall result in | ||||||
| 7 | revocation of parole, mandatory supervised release or | ||||||
| 8 | conditional release. The facility shall obtain information | ||||||
| 9 | about where the person expects to reside, work, and attend | ||||||
| 10 | school upon his or her discharge, parole or release and shall | ||||||
| 11 | report the information to the Illinois Department of State | ||||||
| 12 | Police. The facility shall give one copy of the form to the | ||||||
| 13 | person and shall send one copy to each of the law enforcement | ||||||
| 14 | agencies having jurisdiction where the person expects to | ||||||
| 15 | reside, work, and attend school upon his or her discharge, | ||||||
| 16 | parole or release and retain one copy for the files. Electronic | ||||||
| 17 | data files that include all notification form information and | ||||||
| 18 | photographs of arsonists being released from an Illinois | ||||||
| 19 | Department of Corrections facility shall be shared on a regular | ||||||
| 20 | basis as determined between the Illinois Department of State | ||||||
| 21 | Police and the Department of Corrections.
| ||||||
| 22 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 23 | (730 ILCS 148/20)
| ||||||
| 24 | Sec. 20. Release of arsonist on probation. An arsonist who | ||||||
| 25 | is released on probation shall, prior to such release, be | ||||||
| |||||||
| |||||||
| 1 | informed of his or her duty to register under this Act by the | ||||||
| 2 | court in which he or she was convicted. The court shall also | ||||||
| 3 | inform any person who must register that if he or she | ||||||
| 4 | establishes a residence outside of the State of Illinois, is | ||||||
| 5 | employed outside of the State of Illinois, or attends school | ||||||
| 6 | outside of the State of Illinois, he or she must register in | ||||||
| 7 | the new state within 10 days after establishing the residence, | ||||||
| 8 | beginning employment, or beginning school. The court shall | ||||||
| 9 | require the person to read and sign such form as may be | ||||||
| 10 | required by the Illinois Department of State Police stating | ||||||
| 11 | that the duty to register and the procedure for registration | ||||||
| 12 | has been explained to him or her and that he or she understands | ||||||
| 13 | the duty to register and the procedure for registration. The | ||||||
| 14 | court shall further advise the person in writing that the | ||||||
| 15 | failure to register or other violation of this Act shall result | ||||||
| 16 | in probation revocation. The court shall obtain information | ||||||
| 17 | about where the person expects to reside, work, and attend | ||||||
| 18 | school upon his or her release, and shall report the | ||||||
| 19 | information to the Illinois Department of State Police. The | ||||||
| 20 | court shall give one copy of the form to the person and retain | ||||||
| 21 | the original in the court records. The Illinois Department of | ||||||
| 22 | State Police shall notify the law enforcement agencies having | ||||||
| 23 | jurisdiction where the person expects to reside, work and | ||||||
| 24 | attend school upon his or her release.
| ||||||
| 25 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 148/25)
| ||||||
| 2 | Sec. 25. Discharge of arsonist from hospital or other | ||||||
| 3 | treatment facility. Any arsonist who is discharged or released | ||||||
| 4 | from a hospital or other treatment facility where he or she was | ||||||
| 5 | confined shall be informed by the hospital or treatment | ||||||
| 6 | facility in which he or she was confined, prior to discharge or | ||||||
| 7 | release from the hospital or treatment facility, of his or her | ||||||
| 8 | duty to register under this Act.
The facility shall require the | ||||||
| 9 | person to read and sign such form as may be required by the | ||||||
| 10 | Illinois Department of State Police stating that the duty to | ||||||
| 11 | register and the procedure for registration has been explained | ||||||
| 12 | to him or her and that he or she understands the duty to | ||||||
| 13 | register and the procedure for registration. The facility shall | ||||||
| 14 | give one copy of the form to the person, retain one copy for | ||||||
| 15 | its records, and forward the original to the Illinois | ||||||
| 16 | Department of State Police. The facility shall obtain | ||||||
| 17 | information about where the person expects to reside, work, and | ||||||
| 18 | attend school upon his or her discharge, parole, or release and | ||||||
| 19 | shall report the information to the Illinois Department of | ||||||
| 20 | State Police within 3 days. The facility or institution shall | ||||||
| 21 | also inform any person who must register that if he or she | ||||||
| 22 | establishes a residence outside of the State of Illinois, is | ||||||
| 23 | employed outside of the State of Illinois, or attends school | ||||||
| 24 | outside of the State of Illinois, he or she must register in | ||||||
| 25 | the new state within 10 days after establishing the residence, | ||||||
| 26 | beginning school, or beginning employment. The Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State Police shall notify the law enforcement | ||||||
| 2 | agencies having jurisdiction where the person expects to | ||||||
| 3 | reside, work, and attend school upon his or her release.
| ||||||
| 4 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 5 | (730 ILCS 148/30)
| ||||||
| 6 | Sec. 30. Nonforwardable verification letter. The Illinois | ||||||
| 7 | Department of State Police shall mail an annual nonforwardable | ||||||
| 8 | verification letter to a person registered under this Act | ||||||
| 9 | beginning one year from the date of his or her last | ||||||
| 10 | registration. A person required to register under this Act who | ||||||
| 11 | is mailed a verification letter shall complete, sign, and | ||||||
| 12 | return the enclosed verification form to the Illinois | ||||||
| 13 | Department of State Police postmarked within 10 days after the | ||||||
| 14 | mailing date of the letter. A person's failure to return the | ||||||
| 15 | verification form to the Illinois Department of State Police | ||||||
| 16 | within 10 days after the mailing date of the letter shall be | ||||||
| 17 | considered a violation of this Act; however it is an | ||||||
| 18 | affirmative defense to a prosecution for failure of a person | ||||||
| 19 | who is required to return a verification form to the Illinois | ||||||
| 20 | Department of State Police if the post office fails to deliver | ||||||
| 21 | the verification form to the Illinois Department of State | ||||||
| 22 | Police or if it can be proven that the form has been lost by the | ||||||
| 23 | Department.
| ||||||
| 24 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 148/35)
| ||||||
| 2 | Sec. 35. Duty to report change of address, school, or | ||||||
| 3 | employment. Any person who is required to register under this | ||||||
| 4 | Act shall report in person to the appropriate law enforcement | ||||||
| 5 | agency with whom he or she last registered within one year from | ||||||
| 6 | the date of last registration and every year thereafter. If any | ||||||
| 7 | person required to register under this Act changes his or her | ||||||
| 8 | residence address, place of employment, or school, he or she | ||||||
| 9 | shall, in writing, within 10 days inform the law enforcement | ||||||
| 10 | agency with whom he or she last registered of his or her new | ||||||
| 11 | address, change in employment, or school and register with the | ||||||
| 12 | appropriate law enforcement agency within the time period | ||||||
| 13 | specified in Section 10. The law enforcement agency shall, | ||||||
| 14 | within 3 days of receipt, notify the Illinois Department of | ||||||
| 15 | State Police and the law enforcement agency having jurisdiction | ||||||
| 16 | of the new place of residence, change in employment, or school.
| ||||||
| 17 | If any person required to register under this Act establishes a | ||||||
| 18 | residence or employment outside of the State of Illinois, | ||||||
| 19 | within 10 days after establishing that residence or employment, | ||||||
| 20 | he or she shall, in writing, inform the law enforcement agency | ||||||
| 21 | with which he or she last registered of his or her out-of-state | ||||||
| 22 | residence or employment. The law enforcement agency with which | ||||||
| 23 | such person last registered shall, within 3 days notice of an | ||||||
| 24 | address or employment change, notify the Illinois Department of | ||||||
| 25 | State Police. The Illinois Department of State Police shall | ||||||
| 26 | forward such information to the out-of-state law enforcement | ||||||
| |||||||
| |||||||
| 1 | agency having jurisdiction in the form and manner prescribed by | ||||||
| 2 | the Illinois Department of State Police.
| ||||||
| 3 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 4 | (730 ILCS 148/45)
| ||||||
| 5 | Sec. 45. Duration of registration. Any person, other than a | ||||||
| 6 | minor who is tried and convicted in an adult criminal | ||||||
| 7 | prosecution for an offense for which the person is required to | ||||||
| 8 | register under this Act, who is required to register under this | ||||||
| 9 | Act shall be required to register for a period of 10 years | ||||||
| 10 | after conviction if not confined to a penal institution, | ||||||
| 11 | hospital or any other institution or facility, and if confined, | ||||||
| 12 | for a period of 10 years after parole, discharge or release | ||||||
| 13 | from any such facility. A minor who has been tried and | ||||||
| 14 | convicted in an adult criminal prosecution for an offense for | ||||||
| 15 | which the person is required to register under this Act shall | ||||||
| 16 | be required to register for a period of 10 years after his or | ||||||
| 17 | her conviction for an offense for which the person is required | ||||||
| 18 | to register under this Act. An arsonist who is allowed to leave | ||||||
| 19 | a county, State, or federal facility for the purposes of work | ||||||
| 20 | release, education, or overnight visitations shall be required | ||||||
| 21 | to register within 10 days of beginning such a program. | ||||||
| 22 | Liability for registration terminates at the expiration of 10 | ||||||
| 23 | years from the date of conviction if not confined to a penal | ||||||
| 24 | institution, hospital or any other institution or facility and | ||||||
| 25 | if confined, at the expiration of 10 years from the date of | ||||||
| |||||||
| |||||||
| 1 | parole, discharge or release from any such facility, providing | ||||||
| 2 | such person does not, during that period, again become liable | ||||||
| 3 | to register under the provisions of this Act. In the case of a | ||||||
| 4 | minor who is tried and convicted in an adult criminal | ||||||
| 5 | prosecution, liability for registration terminates 10 years | ||||||
| 6 | after conviction. The Director of the Illinois State Police, | ||||||
| 7 | consistent with administrative rules, shall extend for 10 years | ||||||
| 8 | the registration period of any arsonist who fails to comply | ||||||
| 9 | with the provisions of this Act.
| ||||||
| 10 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 11 | (730 ILCS 148/50)
| ||||||
| 12 | Sec. 50. Registration requirements. Registration as | ||||||
| 13 | required by this Act shall consist of a statement in writing | ||||||
| 14 | signed by the person giving the information that is required by | ||||||
| 15 | the Illinois Department of State Police, which may include the | ||||||
| 16 | fingerprints and must include a photograph of the person. The | ||||||
| 17 | registration information must include whether the person is an | ||||||
| 18 | arsonist. Within 3 days, the registering law enforcement agency | ||||||
| 19 | shall forward any required information to the Illinois | ||||||
| 20 | Department of State Police. The registering law enforcement | ||||||
| 21 | agency shall enter the information into I-CLEAR as provided in | ||||||
| 22 | Section 2605-378 of the Illinois Department of State Police Law | ||||||
| 23 | of the Civil Administrative Code of Illinois.
| ||||||
| 24 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 148/55)
| ||||||
| 2 | Sec. 55. Address verification requirements. The agency | ||||||
| 3 | having jurisdiction shall verify the address of arsonists | ||||||
| 4 | required to register with their agency at least once per | ||||||
| 5 | calendar year. The verification must be documented in I-CLEAR | ||||||
| 6 | in the form and manner required by the Illinois Department of | ||||||
| 7 | State Police.
| ||||||
| 8 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 9 | (730 ILCS 148/60)
| ||||||
| 10 | Sec. 60. Public inspection of registration data. | ||||||
| 11 | (a) Except as otherwise provided in subsection (b), the | ||||||
| 12 | statements or any other information required by this Act shall | ||||||
| 13 | not be open to inspection by the public, or by any person other | ||||||
| 14 | than by a law enforcement officer or other individual as may be | ||||||
| 15 | authorized by law and shall include law enforcement agencies of | ||||||
| 16 | this State, any other state, or of the federal government. | ||||||
| 17 | Similar information may be requested from any law enforcement | ||||||
| 18 | agency of another state or of the federal government for | ||||||
| 19 | purposes of this Act. It is a Class B misdemeanor to permit the | ||||||
| 20 | unauthorized release of any information required by this Act. | ||||||
| 21 | (b) The Illinois Department of State Police shall furnish | ||||||
| 22 | to the Office of the State Fire Marshal
the registration | ||||||
| 23 | information concerning persons who are required to register | ||||||
| 24 | under this Act. The Office of the State Fire Marshal shall | ||||||
| 25 | establish and maintain a Statewide Arsonist Database for the | ||||||
| |||||||
| |||||||
| 1 | purpose of making that information available to the public on | ||||||
| 2 | the Internet by means of a hyperlink labeled "Arsonist | ||||||
| 3 | Information" on the Office of the State Fire Marshal's website.
| ||||||
| 4 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 5 | (730 ILCS 148/70)
| ||||||
| 6 | Sec. 70. Arsonist Registration Fund. There is created in | ||||||
| 7 | the State treasury the Arsonist Registration Fund. Moneys in | ||||||
| 8 | the Fund shall be used to cover costs incurred by the criminal | ||||||
| 9 | justice system to administer this Act. The Illinois Department | ||||||
| 10 | of State Police shall establish and promulgate rules and | ||||||
| 11 | procedures regarding the administration of this Fund. At least | ||||||
| 12 | 50% of the moneys in the Fund shall be allocated by the | ||||||
| 13 | Department for sheriffs' offices and police departments.
| ||||||
| 14 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 15 | (730 ILCS 148/75)
| ||||||
| 16 | Sec. 75. Access to State of Illinois databases. The | ||||||
| 17 | Illinois Department of State Police shall have access to State | ||||||
| 18 | of Illinois databases containing information that may help in | ||||||
| 19 | the identification or location of persons required to register | ||||||
| 20 | under this Act. Interagency agreements shall be implemented, | ||||||
| 21 | consistent with security and procedures established by the | ||||||
| 22 | State agency and consistent with the laws governing the | ||||||
| 23 | confidentiality of the information in the databases. | ||||||
| 24 | Information shall be used only for administration of this Act.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 2 | (730 ILCS 148/80)
| ||||||
| 3 | Sec. 80. Applicability. Until the Illinois Department of | ||||||
| 4 | State Police establishes I-CLEAR throughout this State, this | ||||||
| 5 | Act applies only to arsonists who reside, are employed, or | ||||||
| 6 | attend school within the City of Chicago. Once I-CLEAR is | ||||||
| 7 | established throughout this State, this Act applies throughout | ||||||
| 8 | the State to arsonists who reside, are employed, or attend | ||||||
| 9 | school anywhere in this State. Any duties imposed upon the | ||||||
| 10 | Illinois Department of State Police by this Act are subject to | ||||||
| 11 | appropriation and shall not commence until I-CLEAR is | ||||||
| 12 | implemented throughout this State and until such time, those | ||||||
| 13 | duties shall be imposed upon the City of Chicago.
| ||||||
| 14 | (Source: P.A. 93-949, eff. 1-1-05.)
| ||||||
| 15 | Section 1065. The Sex Offender Registration Act is amended | ||||||
| 16 | by changing Sections 3, 4, 5, 5-5, 5-10, 6, 7, 8, 8-5, and 11 as | ||||||
| 17 | follows:
| ||||||
| 18 | (730 ILCS 150/3) | ||||||
| 19 | Sec. 3. Duty to register.
| ||||||
| 20 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
| 21 | sexual
predator shall, within the time period
prescribed in | ||||||
| 22 | subsections (b) and (c), register in person
and provide | ||||||
| 23 | accurate information as required by the Illinois Department of | ||||||
| |||||||
| |||||||
| 1 | State
Police. Such information shall include a current | ||||||
| 2 | photograph,
current address,
current place of employment, the | ||||||
| 3 | sex offender's or sexual predator's telephone number, | ||||||
| 4 | including cellular telephone number, the employer's telephone | ||||||
| 5 | number, school attended, all e-mail addresses, instant | ||||||
| 6 | messaging identities, chat room identities, and other Internet | ||||||
| 7 | communications identities that the sex offender uses or plans | ||||||
| 8 | to use, all Uniform Resource Locators (URLs) registered or used | ||||||
| 9 | by the sex offender, all blogs and other Internet sites | ||||||
| 10 | maintained by the sex offender or to which the sex offender has | ||||||
| 11 | uploaded any content or posted any messages or information, | ||||||
| 12 | extensions of the time period for registering as provided in | ||||||
| 13 | this Article and, if an extension was granted, the reason why | ||||||
| 14 | the extension was granted and the date the sex offender was | ||||||
| 15 | notified of the extension. The information shall also include a | ||||||
| 16 | copy of the terms and conditions of parole or release signed by | ||||||
| 17 | the sex offender and given to the sex offender by his or her | ||||||
| 18 | supervising officer or aftercare specialist, the county of | ||||||
| 19 | conviction, license plate numbers for every vehicle registered | ||||||
| 20 | in the name of the sex offender, the age of the sex offender at | ||||||
| 21 | the time of the commission of the offense, the age of the | ||||||
| 22 | victim at the time of the commission of the offense, and any | ||||||
| 23 | distinguishing marks located on the body of the sex offender. A | ||||||
| 24 | sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, | ||||||
| 25 | 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal | ||||||
| 26 | Code of 2012 shall provide all Internet protocol (IP) addresses | ||||||
| |||||||
| |||||||
| 1 | in his or her residence, registered in his or her name, | ||||||
| 2 | accessible at his or her place of employment, or otherwise | ||||||
| 3 | under his or her control or custody. If the sex offender is a | ||||||
| 4 | child sex offender as defined in Section 11-9.3 or 11-9.4 of | ||||||
| 5 | the Criminal Code of 1961 or the Criminal Code of 2012, the sex | ||||||
| 6 | offender shall report to the registering agency whether he or | ||||||
| 7 | she is living in a household with a child under 18 years of age | ||||||
| 8 | who is not his or her own child, provided that his or her own | ||||||
| 9 | child is not the victim of the sex offense. The sex offender or
| ||||||
| 10 | sexual predator shall register:
| ||||||
| 11 | (1) with the chief of police in the municipality in | ||||||
| 12 | which he or she
resides or is temporarily domiciled for a | ||||||
| 13 | period of time of 3 or more
days, unless the
municipality | ||||||
| 14 | is the City of Chicago, in which case he or she shall | ||||||
| 15 | register
at a fixed location designated by the | ||||||
| 16 | Superintendent of the Chicago Police Department; or
| ||||||
| 17 | (2) with the sheriff in the county in which
he or she | ||||||
| 18 | resides or is
temporarily domiciled
for a period of time of | ||||||
| 19 | 3 or more days in an unincorporated
area or, if | ||||||
| 20 | incorporated, no police chief exists.
| ||||||
| 21 | If the sex offender or sexual predator is employed at or | ||||||
| 22 | attends an institution of higher education, he or she shall | ||||||
| 23 | also register:
| ||||||
| 24 | (i) with: | ||||||
| 25 | (A) the chief of police in the municipality in | ||||||
| 26 | which he or she is employed at or attends an | ||||||
| |||||||
| |||||||
| 1 | institution of higher education, unless the | ||||||
| 2 | municipality is the City of Chicago, in which case he | ||||||
| 3 | or she shall register at a fixed location designated by | ||||||
| 4 | the Superintendent of the Chicago Police Department; | ||||||
| 5 | or | ||||||
| 6 | (B) the sheriff in the county in which he or she is | ||||||
| 7 | employed or attends an institution of higher education | ||||||
| 8 | located in an unincorporated area, or if incorporated, | ||||||
| 9 | no police chief exists; and
| ||||||
| 10 | (ii) with the public safety or security director of the | ||||||
| 11 | institution of higher education which he or she is employed | ||||||
| 12 | at or attends.
| ||||||
| 13 | The registration fees shall only apply to the municipality | ||||||
| 14 | or county of primary registration, and not to campus | ||||||
| 15 | registration. | ||||||
| 16 | For purposes of this Article, the place of residence or | ||||||
| 17 | temporary
domicile is defined as any and all places where the | ||||||
| 18 | sex offender resides
for an aggregate period of time of 3 or | ||||||
| 19 | more days during any calendar year.
Any person required to | ||||||
| 20 | register under this Article who lacks a fixed address or | ||||||
| 21 | temporary domicile must notify, in person, the agency of | ||||||
| 22 | jurisdiction of his or her last known address within 3 days | ||||||
| 23 | after ceasing to have a fixed residence. | ||||||
| 24 | A sex offender or sexual predator who is temporarily absent | ||||||
| 25 | from his or her current address of registration for 3 or more | ||||||
| 26 | days shall notify the law enforcement agency having | ||||||
| |||||||
| |||||||
| 1 | jurisdiction of his or her current registration, including the | ||||||
| 2 | itinerary for travel, in the manner provided in Section 6 of | ||||||
| 3 | this Act for notification to the law enforcement agency having | ||||||
| 4 | jurisdiction of change of address. | ||||||
| 5 | Any person who lacks a fixed residence must report weekly, | ||||||
| 6 | in person, with the sheriff's office of the county in which he | ||||||
| 7 | or she is located in an unincorporated area, or with the chief | ||||||
| 8 | of police in the municipality in which he or she is located. | ||||||
| 9 | The agency of jurisdiction will document each weekly | ||||||
| 10 | registration to include all the locations where the person has | ||||||
| 11 | stayed during the past 7 days.
| ||||||
| 12 | The sex offender or sexual predator shall provide accurate | ||||||
| 13 | information
as required by the Illinois Department of State | ||||||
| 14 | Police. That information shall include
the sex offender's or | ||||||
| 15 | sexual predator's current place of employment.
| ||||||
| 16 | (a-5) An out-of-state student or out-of-state employee | ||||||
| 17 | shall,
within 3 days after beginning school or employment in | ||||||
| 18 | this State,
register in person and provide accurate information | ||||||
| 19 | as required by the Illinois
Department of State Police. Such | ||||||
| 20 | information will include current place of
employment, school | ||||||
| 21 | attended, and address in state of residence. A sex offender | ||||||
| 22 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
| 23 | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 24 | shall provide all Internet protocol (IP) addresses in his or | ||||||
| 25 | her residence, registered in his or her name, accessible at his | ||||||
| 26 | or her place of employment, or otherwise under his or her | ||||||
| |||||||
| |||||||
| 1 | control or custody. The out-of-state student or out-of-state | ||||||
| 2 | employee shall register:
| ||||||
| 3 | (1) with: | ||||||
| 4 | (A) the chief of police in the municipality in | ||||||
| 5 | which he or she attends school or is employed for a | ||||||
| 6 | period of time of 5
or more days or for an
aggregate | ||||||
| 7 | period of time of more than 30 days during any
calendar | ||||||
| 8 | year, unless the
municipality is the City of Chicago, | ||||||
| 9 | in which case he or she shall register at
a fixed | ||||||
| 10 | location designated by the Superintendent of the | ||||||
| 11 | Chicago Police Department; or
| ||||||
| 12 | (B) the sheriff in the county in which
he or she | ||||||
| 13 | attends school or is
employed for a period of time of 5 | ||||||
| 14 | or more days or
for an aggregate period of
time of more | ||||||
| 15 | than 30 days during any calendar year in an
| ||||||
| 16 | unincorporated area
or, if incorporated, no police | ||||||
| 17 | chief exists; and | ||||||
| 18 | (2) with the public safety or security director of the | ||||||
| 19 | institution of higher education he or she is employed at or | ||||||
| 20 | attends for a period of time of 5 or more days or for an | ||||||
| 21 | aggregate period of time of more than 30 days during a | ||||||
| 22 | calendar year. | ||||||
| 23 | The registration fees shall only apply to the municipality | ||||||
| 24 | or county of primary registration, and not to campus | ||||||
| 25 | registration. | ||||||
| 26 | The out-of-state student or out-of-state employee shall | ||||||
| |||||||
| |||||||
| 1 | provide accurate
information as required by the Illinois | ||||||
| 2 | Department of State Police. That information
shall include the | ||||||
| 3 | out-of-state student's current place of school attendance or
| ||||||
| 4 | the out-of-state employee's current place of employment.
| ||||||
| 5 | (a-10) Any law enforcement agency registering sex | ||||||
| 6 | offenders or sexual predators in accordance with subsections | ||||||
| 7 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
| 8 | General a copy of sex offender registration forms from persons | ||||||
| 9 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
| 10 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 11 | 2012, including periodic and annual registrations under | ||||||
| 12 | Section 6 of this Act. | ||||||
| 13 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
| 14 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
| 15 | registration, shall, within 3 days of beginning school,
or | ||||||
| 16 | establishing a
residence, place of employment, or temporary | ||||||
| 17 | domicile in
any county, register in person as set forth in | ||||||
| 18 | subsection (a)
or (a-5).
| ||||||
| 19 | (c) The registration for any person required to register | ||||||
| 20 | under this
Article shall be as follows:
| ||||||
| 21 | (1) Any person registered under the Habitual Child Sex | ||||||
| 22 | Offender
Registration Act or the Child Sex Offender | ||||||
| 23 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
| 24 | initially registered as of January 1, 1996; however,
this | ||||||
| 25 | shall not be construed to extend the duration of | ||||||
| 26 | registration set forth
in Section 7.
| ||||||
| |||||||
| |||||||
| 1 | (2) Except as provided in subsection (c)(2.1) or | ||||||
| 2 | (c)(4), any person convicted or
adjudicated prior to | ||||||
| 3 | January 1, 1996, whose liability for registration under
| ||||||
| 4 | Section 7 has not expired, shall register in person prior | ||||||
| 5 | to January 31,
1996.
| ||||||
| 6 | (2.1) A sex offender or sexual predator, who has never | ||||||
| 7 | previously been required to register under this Act, has a | ||||||
| 8 | duty to register if the person has been convicted of any | ||||||
| 9 | felony offense after July 1, 2011. A person who previously | ||||||
| 10 | was required to register under this Act for a period of 10 | ||||||
| 11 | years and successfully completed that registration period | ||||||
| 12 | has a duty to register if: (i) the person has been | ||||||
| 13 | convicted of any felony offense after July 1, 2011, and | ||||||
| 14 | (ii) the offense for which the 10 year registration was | ||||||
| 15 | served currently requires a registration period of more | ||||||
| 16 | than 10 years. Notification of an offender's duty to | ||||||
| 17 | register under this subsection shall be pursuant to Section | ||||||
| 18 | 5-7 of this Act. | ||||||
| 19 | (2.5) Except as provided in subsection (c)(4), any | ||||||
| 20 | person who has not
been notified of his or her | ||||||
| 21 | responsibility to register shall be notified by a
criminal | ||||||
| 22 | justice entity of his or her responsibility to register. | ||||||
| 23 | Upon
notification the person must then register within 3 | ||||||
| 24 | days of notification of
his or her requirement to register. | ||||||
| 25 | Except as provided in subsection (c)(2.1), if notification | ||||||
| 26 | is not made within the
offender's 10 year registration | ||||||
| |||||||
| |||||||
| 1 | requirement, and the Illinois Department of State
Police | ||||||
| 2 | determines no evidence exists or indicates the offender | ||||||
| 3 | attempted to
avoid registration, the offender will no | ||||||
| 4 | longer be required to register under
this Act.
| ||||||
| 5 | (3) Except as provided in subsection (c)(4), any person | ||||||
| 6 | convicted on
or after January 1, 1996, shall register in | ||||||
| 7 | person within 3 days after the
entry of the sentencing | ||||||
| 8 | order based upon his or her conviction.
| ||||||
| 9 | (4) Any person unable to comply with the registration | ||||||
| 10 | requirements of
this Article because he or she is confined, | ||||||
| 11 | institutionalized,
or imprisoned in Illinois on or after | ||||||
| 12 | January 1, 1996, shall register in person
within 3 days of | ||||||
| 13 | discharge, parole or release.
| ||||||
| 14 | (5) The person shall provide positive identification | ||||||
| 15 | and documentation
that substantiates proof of residence at | ||||||
| 16 | the registering address.
| ||||||
| 17 | (6) The person shall pay a $100
initial registration | ||||||
| 18 | fee and
a $100
annual
renewal fee to the registering law | ||||||
| 19 | enforcement agency having jurisdiction.
The registering | ||||||
| 20 | agency may waive the registration fee
if it determines that | ||||||
| 21 | the person is indigent and unable to pay the registration
| ||||||
| 22 | fee. Thirty-five
dollars for the initial registration fee | ||||||
| 23 | and $35 of the annual renewal fee
shall be retained and | ||||||
| 24 | used by the registering agency for official purposes. | ||||||
| 25 | Having retained $35 of the initial registration fee and $35 | ||||||
| 26 | of the annual renewal fee, the registering agency shall | ||||||
| |||||||
| |||||||
| 1 | remit the remainder of the fee to State agencies within 30 | ||||||
| 2 | days of receipt for deposit into the State funds as | ||||||
| 3 | follows: | ||||||
| 4 | (A) Five dollars of
the initial registration fee | ||||||
| 5 | and $5 of the annual fee shall be remitted to the State | ||||||
| 6 | Treasurer who shall deposit the moneys into
the Sex | ||||||
| 7 | Offender Management Board Fund under Section 19 of the | ||||||
| 8 | Sex Offender
Management Board Act. Money deposited | ||||||
| 9 | into the Sex Offender Management Board
Fund shall be | ||||||
| 10 | administered by the Sex Offender Management Board and | ||||||
| 11 | shall be
used by the Board to comply with the | ||||||
| 12 | provisions of the Sex Offender Management Board Act. | ||||||
| 13 | (B)
Thirty dollars of the initial registration fee | ||||||
| 14 | and $30 of the annual renewal fee shall be remitted to | ||||||
| 15 | the Illinois Department of State Police which shall | ||||||
| 16 | deposit the moneys into the Offender Registration | ||||||
| 17 | Fund. | ||||||
| 18 | (C) Thirty dollars of the initial registration fee | ||||||
| 19 | and $30 of the annual renewal fee shall be remitted to | ||||||
| 20 | the Attorney General who shall deposit the moneys into | ||||||
| 21 | the Attorney General Sex Offender Awareness, Training, | ||||||
| 22 | and Education Fund. Moneys deposited into the Fund | ||||||
| 23 | shall be used by the Attorney General to administer the | ||||||
| 24 | I-SORT program and to alert and educate the public, | ||||||
| 25 | victims, and witnesses of their rights under various | ||||||
| 26 | victim notification laws and for training law | ||||||
| |||||||
| |||||||
| 1 | enforcement agencies, State's Attorneys, and medical | ||||||
| 2 | providers of their legal duties concerning the | ||||||
| 3 | prosecution and investigation of sex offenses. | ||||||
| 4 | The registering agency shall establish procedures to | ||||||
| 5 | document the receipt and remittance of the $100 initial | ||||||
| 6 | registration fee and $100 annual renewal fee. | ||||||
| 7 | (d) Within 3 days after obtaining or changing employment | ||||||
| 8 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
| 9 | date, a person required to
register under this Section must | ||||||
| 10 | report, in person to the law
enforcement agency having | ||||||
| 11 | jurisdiction, the business name and address where he
or she is | ||||||
| 12 | employed. If the person has multiple businesses or work | ||||||
| 13 | locations,
every business and work location must be reported to | ||||||
| 14 | the law enforcement agency
having jurisdiction.
| ||||||
| 15 | (Source: P.A. 101-571, eff. 8-23-19.)
| ||||||
| 16 | (730 ILCS 150/4) (from Ch. 38, par. 224)
| ||||||
| 17 | Sec. 4. Discharge of sex offender, as defined in Section 2 | ||||||
| 18 | of this Act,
or sexual predator from Department of
Corrections
| ||||||
| 19 | facility or other penal institution; duties of
official in | ||||||
| 20 | charge. Any sex offender, as defined in Section 2 of this Act,
| ||||||
| 21 | or sexual predator, as defined by this
Article, who
is | ||||||
| 22 | discharged, paroled or released from a Department of
| ||||||
| 23 | Corrections or Department of Juvenile Justice facility, a | ||||||
| 24 | facility where such person was placed by the
Department of | ||||||
| 25 | Corrections or Department of Juvenile Justice or another penal | ||||||
| |||||||
| |||||||
| 1 | institution, and
whose liability for
registration has not | ||||||
| 2 | terminated under Section 7 shall, prior to discharge,
parole or | ||||||
| 3 | release from the facility or institution, be informed of his or | ||||||
| 4 | her
duty to register in person within 3 days of release by the
| ||||||
| 5 | facility or institution in which he or she was confined.
The | ||||||
| 6 | facility or institution shall also inform any person who must | ||||||
| 7 | register
that if he or she establishes a residence outside of | ||||||
| 8 | the State of Illinois,
is employed outside of the State of | ||||||
| 9 | Illinois, or attends school outside of
the
State of Illinois,
| ||||||
| 10 | he
or she must register in the new state within 3 days
after | ||||||
| 11 | establishing
the
residence, beginning employment, or beginning | ||||||
| 12 | school.
| ||||||
| 13 | The facility shall require the person to read and sign such | ||||||
| 14 | form as may
be required by the Illinois Department of State | ||||||
| 15 | Police stating that the duty to
register and the procedure for | ||||||
| 16 | registration has been explained to him or her
and that he or | ||||||
| 17 | she understands the duty to register and the procedure for
| ||||||
| 18 | registration. The facility shall further advise the person in | ||||||
| 19 | writing that the
failure to register or other violation of this | ||||||
| 20 | Article shall result in
revocation of parole, aftercare | ||||||
| 21 | release, mandatory supervised release or conditional release.
| ||||||
| 22 | The facility shall obtain information about where the
person | ||||||
| 23 | expects to reside, work, and attend school upon
his or her | ||||||
| 24 | discharge, parole or release and shall report the information | ||||||
| 25 | to the
Illinois Department of State Police. The facility shall | ||||||
| 26 | give one copy of the form
to the person and shall send one copy | ||||||
| |||||||
| |||||||
| 1 | to each of the law enforcement agencies
having
jurisdiction | ||||||
| 2 | where the person expects to reside, work, and attend school
| ||||||
| 3 | upon his or her discharge,
parole or release and retain one | ||||||
| 4 | copy for the files.
Electronic data files which includes all | ||||||
| 5 | notification form information and
photographs of sex offenders | ||||||
| 6 | being released from an Illinois Department of
Corrections or | ||||||
| 7 | Illinois Department of Juvenile Justice facility will be shared | ||||||
| 8 | on a regular basis as determined between
the Illinois | ||||||
| 9 | Department of State Police, the Department of Corrections, and | ||||||
| 10 | Department of Juvenile Justice.
| ||||||
| 11 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
| 12 | (730 ILCS 150/5) (from Ch. 38, par. 225)
| ||||||
| 13 | Sec. 5. Release of sex offender, as defined in Section 2 of | ||||||
| 14 | this Act, or
sexual predator; duties of the Court.
Any sex
| ||||||
| 15 | offender, as defined in Section 2 of this Act, or sexual | ||||||
| 16 | predator, as
defined by this Article, who is released on
| ||||||
| 17 | probation or
discharged upon payment of a fine because of the | ||||||
| 18 | commission of one of the
offenses defined in subsection (B) of | ||||||
| 19 | Section 2 of this Article, shall, prior
to such release be | ||||||
| 20 | informed of his or her duty to register under this Article
by | ||||||
| 21 | the Court in which he or she was convicted. The Court shall | ||||||
| 22 | also inform
any person who must register that if he or she | ||||||
| 23 | establishes a residence
outside of the State of Illinois,
is | ||||||
| 24 | employed outside of the State of Illinois, or attends school | ||||||
| 25 | outside of
the
State of Illinois,
he or she must register in | ||||||
| |||||||
| |||||||
| 1 | the new state
within 3 days after establishing the residence, | ||||||
| 2 | beginning employment, or
beginning school. The Court shall | ||||||
| 3 | require
the person to read and sign such form as may be | ||||||
| 4 | required by the Illinois Department of State Police stating | ||||||
| 5 | that the duty to register and the procedure for
registration | ||||||
| 6 | has been explained to him or her and that he or she understands
| ||||||
| 7 | the duty to register and the procedure for registration. The | ||||||
| 8 | Court shall
further advise the person in writing that the | ||||||
| 9 | failure to register or other
violation of this Article shall | ||||||
| 10 | result in
probation revocation.
The Court shall obtain | ||||||
| 11 | information about
where the person expects to reside, work, and | ||||||
| 12 | attend school upon his or
her release, and shall report the
| ||||||
| 13 | information to the Illinois Department of State Police. The | ||||||
| 14 | Court shall
give one copy of
the form to the person and retain | ||||||
| 15 | the original in the court records. The
Illinois Department of | ||||||
| 16 | State Police shall notify the law enforcement
agencies having
| ||||||
| 17 | jurisdiction where the person expects to reside, work and | ||||||
| 18 | attend school
upon his or her release.
| ||||||
| 19 | (Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)
| ||||||
| 20 | (730 ILCS 150/5-5)
| ||||||
| 21 | Sec. 5-5. Discharge of sex offender
or sexual predator from | ||||||
| 22 | a hospital
or other treatment
facility; duties of the official | ||||||
| 23 | in charge.
Any sex offender, as defined in Section 2 of this | ||||||
| 24 | Act, or sexual
predator, as defined in this Article, who is
| ||||||
| 25 | discharged or released
from a hospital or other treatment | ||||||
| |||||||
| |||||||
| 1 | facility where he or she was confined shall
be informed by the | ||||||
| 2 | hospital
or treatment facility in which
he or she was confined, | ||||||
| 3 | prior to discharge or
release from the hospital or treatment | ||||||
| 4 | facility, of his or her duty
to register under this Article.
| ||||||
| 5 | The facility shall require the person to read and sign such | ||||||
| 6 | form as may be
required by the Illinois Department of State | ||||||
| 7 | Police stating that the duty to register
and
the procedure for | ||||||
| 8 | registration has been explained to him or her and that he or
| ||||||
| 9 | she understands the duty to register and the procedure for | ||||||
| 10 | registration. The
facility shall give one copy of the form to | ||||||
| 11 | the person, retain one copy for
their records, and forward the | ||||||
| 12 | original to the Illinois Department of State Police. The
| ||||||
| 13 | facility shall obtain information about where the person
| ||||||
| 14 | expects to reside, work, and attend school upon his
or her | ||||||
| 15 | discharge, parole, or release and shall report the information | ||||||
| 16 | to the
Illinois Department of State Police within 3 days.
The | ||||||
| 17 | facility or institution shall also inform any person who must | ||||||
| 18 | register
that if he or she establishes a residence outside of | ||||||
| 19 | the State of Illinois, is
employed outside of the State of | ||||||
| 20 | Illinois, or attends school outside of the
State of Illinois, | ||||||
| 21 | he or she must register in the new state within 3 days
after | ||||||
| 22 | establishing the residence, beginning school, or beginning | ||||||
| 23 | employment.
The Illinois Department of State Police shall | ||||||
| 24 | notify the
law enforcement agencies
having jurisdiction where | ||||||
| 25 | the person expects to reside, work, and attend
school upon his | ||||||
| 26 | or her
release.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)
| ||||||
| 2 | (730 ILCS 150/5-10)
| ||||||
| 3 | Sec. 5-10. Nonforwardable verification letters. The | ||||||
| 4 | Illinois Department of State Police shall mail a quarterly | ||||||
| 5 | nonforwardable verification
letter to each registered person | ||||||
| 6 | who has been
adjudicated to be sexually dangerous or is a | ||||||
| 7 | sexually violent person and is
later released, or found to be | ||||||
| 8 | no
longer sexually dangerous or no longer a sexually violent | ||||||
| 9 | person and
discharged,
beginning 90 days from the date
of his | ||||||
| 10 | or her last registration. To any other person registered under | ||||||
| 11 | this
Article, the
Illinois Department of State Police shall | ||||||
| 12 | mail
an annual
nonforwardable verification letter, beginning | ||||||
| 13 | one year from the date of his or
her last registration.
A | ||||||
| 14 | person required to register under this
Article who is mailed a | ||||||
| 15 | verification letter shall complete, sign, and return
the | ||||||
| 16 | enclosed
verification form to the Illinois Department of State | ||||||
| 17 | Police postmarked within 10 days
after the mailing date of the | ||||||
| 18 | letter. A person's failure to return the
verification form to
| ||||||
| 19 | the Illinois Department of State Police within 10 days after | ||||||
| 20 | the mailing date of the
letter shall be considered a violation | ||||||
| 21 | of this Article.
| ||||||
| 22 | (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
| ||||||
| 23 | (730 ILCS 150/6)
| ||||||
| 24 | Sec. 6. Duty to report; change of address, school, or | ||||||
| |||||||
| |||||||
| 1 | employment; duty
to inform.
A person who has been adjudicated | ||||||
| 2 | to be sexually dangerous or is a sexually
violent person and is | ||||||
| 3 | later released, or found to be no longer sexually
dangerous or | ||||||
| 4 | no longer a sexually violent person and discharged, or | ||||||
| 5 | convicted of a violation of this Act after July 1, 2005, shall | ||||||
| 6 | report in
person to the law enforcement agency with whom he or | ||||||
| 7 | she last registered no
later than 90 days after the date of his | ||||||
| 8 | or her last registration and every 90
days thereafter and at | ||||||
| 9 | such other times at the request of the law enforcement agency | ||||||
| 10 | not to exceed 4 times a year. Such sexually dangerous or | ||||||
| 11 | sexually
violent person must report all new or changed e-mail | ||||||
| 12 | addresses, all new or changed instant messaging identities, all | ||||||
| 13 | new or changed chat room identities, and all other new or | ||||||
| 14 | changed Internet communications identities that the sexually | ||||||
| 15 | dangerous or sexually
violent person uses or plans to use, all | ||||||
| 16 | new or changed Uniform Resource Locators (URLs) registered or | ||||||
| 17 | used by the sexually dangerous or sexually
violent person, and | ||||||
| 18 | all new or changed blogs and other Internet sites maintained by | ||||||
| 19 | the sexually dangerous or sexually
violent person or to which | ||||||
| 20 | the sexually dangerous or sexually
violent person has uploaded | ||||||
| 21 | any content or posted any messages or information. Any person | ||||||
| 22 | who lacks a fixed residence must report weekly, in person, to | ||||||
| 23 | the appropriate law enforcement agency where the sex offender | ||||||
| 24 | is located. Any other person who is required to register under | ||||||
| 25 | this
Article shall report in person to the appropriate law | ||||||
| 26 | enforcement agency with
whom he or she last registered within | ||||||
| |||||||
| |||||||
| 1 | one year from the date of last
registration and every year | ||||||
| 2 | thereafter and at such other times at the request of the law | ||||||
| 3 | enforcement agency not to exceed 4 times a year. If any person | ||||||
| 4 | required to register under this Article lacks a fixed residence | ||||||
| 5 | or temporary domicile, he or she must notify, in person, the | ||||||
| 6 | agency of jurisdiction of his or her last known address within | ||||||
| 7 | 3 days after ceasing to have a fixed residence and if the | ||||||
| 8 | offender leaves the last jurisdiction of residence, he or she, | ||||||
| 9 | must within 3 days after leaving register in person with the | ||||||
| 10 | new agency of jurisdiction. If any other person required to | ||||||
| 11 | register
under this Article changes his or her residence | ||||||
| 12 | address, place of
employment,
telephone number, cellular | ||||||
| 13 | telephone number, or school, he or she shall report in
person, | ||||||
| 14 | to the law
enforcement agency
with whom he or she last | ||||||
| 15 | registered, his or her new address, change in
employment, | ||||||
| 16 | telephone number, cellular telephone number, or school, all new | ||||||
| 17 | or changed e-mail addresses, all new or changed instant | ||||||
| 18 | messaging identities, all new or changed chat room identities, | ||||||
| 19 | and all other new or changed Internet communications identities | ||||||
| 20 | that the sex offender uses or plans to use, all new or changed | ||||||
| 21 | Uniform Resource Locators (URLs) registered or used by the sex | ||||||
| 22 | offender, and all new or changed blogs and other Internet sites | ||||||
| 23 | maintained by the sex offender or to which the sex offender has | ||||||
| 24 | uploaded any content or posted any messages or information, and | ||||||
| 25 | register, in person, with the appropriate law enforcement
| ||||||
| 26 | agency within the
time period specified in Section 3. If the | ||||||
| |||||||
| |||||||
| 1 | sex offender is a child sex offender as defined in Section | ||||||
| 2 | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal | ||||||
| 3 | Code of 2012, the sex offender shall within 3 days after | ||||||
| 4 | beginning to reside in a household with a child under 18 years | ||||||
| 5 | of age who is not his or her own child, provided that his or her | ||||||
| 6 | own child is not the victim of the sex offense, report that | ||||||
| 7 | information to the registering law enforcement agency. The law | ||||||
| 8 | enforcement agency shall, within 3
days of the reporting in | ||||||
| 9 | person by the person required to register under this Article, | ||||||
| 10 | notify the Illinois Department of State Police of the new place | ||||||
| 11 | of residence, change in
employment, telephone number, cellular | ||||||
| 12 | telephone number, or school. | ||||||
| 13 | If any person required to register under this Article | ||||||
| 14 | intends to establish a
residence or employment outside of the | ||||||
| 15 | State of Illinois, at least 10 days
before establishing that | ||||||
| 16 | residence or employment, he or she shall report in person to | ||||||
| 17 | the law enforcement agency with which he or she last registered | ||||||
| 18 | of his
or her out-of-state intended residence or employment. | ||||||
| 19 | The law enforcement agency with
which such person last | ||||||
| 20 | registered shall, within 3 days after the reporting in person | ||||||
| 21 | of the person required to register under this Article of an | ||||||
| 22 | address or
employment change, notify the Illinois Department of | ||||||
| 23 | State Police. The Illinois Department of State Police shall | ||||||
| 24 | forward such information to the out-of-state law enforcement
| ||||||
| 25 | agency having jurisdiction in the form and manner prescribed by | ||||||
| 26 | the
Illinois Department of State Police. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11; | ||||||
| 2 | 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
| ||||||
| 3 | (730 ILCS 150/7) (from Ch. 38, par. 227)
| ||||||
| 4 | Sec. 7. Duration of registration. A person who has been | ||||||
| 5 | adjudicated to
be
sexually dangerous and is later released or | ||||||
| 6 | found to be no longer sexually
dangerous and discharged, shall | ||||||
| 7 | register for the period of his or her natural
life.
A sexually | ||||||
| 8 | violent person or sexual predator shall register for the period | ||||||
| 9 | of
his or her natural life
after conviction or adjudication if | ||||||
| 10 | not confined to a penal institution,
hospital, or other | ||||||
| 11 | institution or facility, and if confined, for
the period of his | ||||||
| 12 | or her natural life after parole, discharge, or release from
| ||||||
| 13 | any such facility.
A person who becomes subject to registration | ||||||
| 14 | under paragraph (2.1) of subsection (c) of Section 3 of this | ||||||
| 15 | Article who has previously been subject to registration under | ||||||
| 16 | this Article shall register for the period currently required | ||||||
| 17 | for the offense for which the person was previously registered | ||||||
| 18 | if not confined to a penal institution, hospital, or other | ||||||
| 19 | institution or facility, and if confined, for the same period | ||||||
| 20 | after parole, discharge, or release from any such facility. | ||||||
| 21 | Except as otherwise provided in this Section, a person who | ||||||
| 22 | becomes subject to registration under this Article who has | ||||||
| 23 | previously been subject to registration under this Article or | ||||||
| 24 | under the Murderer and Violent Offender Against Youth | ||||||
| 25 | Registration Act or similar registration requirements of other | ||||||
| |||||||
| |||||||
| 1 | jurisdictions shall register for the period of his or her | ||||||
| 2 | natural life if not confined to a penal institution,
hospital, | ||||||
| 3 | or other institution or facility, and if confined, for
the | ||||||
| 4 | period of his or her natural life after parole, discharge, or | ||||||
| 5 | release from
any such facility. Any other person who is | ||||||
| 6 | required to register
under this Article shall be required to | ||||||
| 7 | register for a period of 10 years after
conviction or | ||||||
| 8 | adjudication if not confined to a penal institution, hospital
| ||||||
| 9 | or any other
institution or facility, and if confined, for a | ||||||
| 10 | period of 10 years after
parole, discharge or release from any | ||||||
| 11 | such facility. A sex offender who is
allowed to leave a county, | ||||||
| 12 | State, or federal facility for the purposes of work
release, | ||||||
| 13 | education, or overnight visitations shall be required
to | ||||||
| 14 | register within 3 days of beginning such a program. Liability | ||||||
| 15 | for
registration terminates at the expiration of 10 years from | ||||||
| 16 | the date of
conviction or adjudication if not confined to a | ||||||
| 17 | penal institution, hospital
or any other
institution or | ||||||
| 18 | facility and if confined, at the expiration of 10 years from | ||||||
| 19 | the
date of parole, discharge or release from any such | ||||||
| 20 | facility, providing such
person does not, during that period, | ||||||
| 21 | again
become
liable
to register under the provisions of this | ||||||
| 22 | Article.
Reconfinement due to a violation of parole or other | ||||||
| 23 | circumstances that relates to the original conviction or | ||||||
| 24 | adjudication shall extend the period of registration to 10 | ||||||
| 25 | years after final parole, discharge, or release. Reconfinement | ||||||
| 26 | due to a violation of parole, a conviction reviving | ||||||
| |||||||
| |||||||
| 1 | registration, or other circumstances that do not relate to the | ||||||
| 2 | original conviction or adjudication shall toll the running of | ||||||
| 3 | the balance of the 10-year period of registration, which shall | ||||||
| 4 | not commence running until after final parole, discharge, or | ||||||
| 5 | release. The Director of the Illinois State Police, consistent | ||||||
| 6 | with administrative rules, shall
extend for 10 years the | ||||||
| 7 | registration period of any sex offender, as defined
in Section | ||||||
| 8 | 2 of this Act, who fails to
comply with the provisions of this | ||||||
| 9 | Article. The registration period for any sex offender who fails | ||||||
| 10 | to comply with any provision of the Act shall extend the period | ||||||
| 11 | of registration by 10 years beginning from the first date of | ||||||
| 12 | registration after the violation.
If the registration period is | ||||||
| 13 | extended, the Illinois Department of State Police shall send a | ||||||
| 14 | registered letter to the law enforcement agency where the sex | ||||||
| 15 | offender resides within 3 days after the extension of the | ||||||
| 16 | registration period. The sex offender shall report to that law | ||||||
| 17 | enforcement agency and sign for that letter. One copy of that | ||||||
| 18 | letter shall be kept on file with the law enforcement agency of | ||||||
| 19 | the jurisdiction where the sex offender resides and one copy | ||||||
| 20 | shall be returned to the Illinois Department of State Police.
| ||||||
| 21 | (Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; 97-813, | ||||||
| 22 | eff. 7-13-12.)
| ||||||
| 23 | (730 ILCS 150/8) (from Ch. 38, par. 228)
| ||||||
| 24 | Sec. 8. Registration and DNA submission requirements. | ||||||
| 25 | (a) Registration. Registration as required by this
Article | ||||||
| |||||||
| |||||||
| 1 | shall consist of a statement in writing signed by the person | ||||||
| 2 | giving the
information that is required by the Illinois | ||||||
| 3 | Department of State Police, which may
include the fingerprints | ||||||
| 4 | and must include a current photograph of the person, to be | ||||||
| 5 | updated annually. If the sex offender is a child sex offender | ||||||
| 6 | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
| 7 | 1961 or the Criminal Code of 2012, he or she shall sign a | ||||||
| 8 | statement that he or she understands that according to Illinois | ||||||
| 9 | law as a child sex offender he or she may not reside within 500 | ||||||
| 10 | feet of a school, park, or playground. The offender may also | ||||||
| 11 | not reside within 500 feet of a facility providing services | ||||||
| 12 | directed exclusively toward persons under 18 years of age | ||||||
| 13 | unless the sex offender meets specified exemptions. The
| ||||||
| 14 | registration
information must include whether the person is a | ||||||
| 15 | sex offender as
defined
in the Sex Offender Community | ||||||
| 16 | Notification
Law. Within 3
days, the
registering law | ||||||
| 17 | enforcement agency shall forward any
required information to | ||||||
| 18 | the Illinois Department of State Police. The registering
law | ||||||
| 19 | enforcement agency shall
enter the information into the Law | ||||||
| 20 | Enforcement Agencies Data System (LEADS) as
provided in | ||||||
| 21 | Sections 6 and 7 of the Intergovernmental Missing Child | ||||||
| 22 | Recovery
Act of 1984.
| ||||||
| 23 | (b) DNA submission. Every person registering as a sex | ||||||
| 24 | offender pursuant to this Act, regardless of the date of | ||||||
| 25 | conviction or the date of initial registration who is required | ||||||
| 26 | to submit specimens of blood, saliva, or tissue for DNA | ||||||
| |||||||
| |||||||
| 1 | analysis as required by subsection (a) of Section 5-4-3 of the | ||||||
| 2 | Unified Code of Corrections shall submit the specimens as | ||||||
| 3 | required by that Section. Registered sex offenders who have | ||||||
| 4 | previously submitted a DNA specimen which has been uploaded to | ||||||
| 5 | the Illinois DNA database shall not be required to submit an | ||||||
| 6 | additional specimen pursuant to this Section. | ||||||
| 7 | (Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
| ||||||
| 8 | (730 ILCS 150/8-5)
| ||||||
| 9 | Sec. 8-5. Verification requirements. | ||||||
| 10 | (a) Address verification. The agency having
jurisdiction
| ||||||
| 11 | shall verify the
address of sex offenders, as defined in | ||||||
| 12 | Section 2 of this Act, or sexual
predators required to register | ||||||
| 13 | with their
agency at least once per year. The verification must | ||||||
| 14 | be documented in
LEADS in the form and manner required by the | ||||||
| 15 | Illinois Department of State Police. | ||||||
| 16 | (a-5) Internet Protocol address verification. The agency | ||||||
| 17 | having jurisdiction may verify the Internet protocol (IP) | ||||||
| 18 | address of sex offenders, as defined in Section 2 of this Act, | ||||||
| 19 | who are required to register with their agency under Section 3 | ||||||
| 20 | of this Act. A copy of any such verification must be sent to | ||||||
| 21 | the Attorney General for entrance in the Illinois Cyber-crimes | ||||||
| 22 | Location Database pursuant to Section 5-4-3.2 of the Unified | ||||||
| 23 | Code of Corrections.
| ||||||
| 24 | (b) Registration verification. The supervising officer or | ||||||
| 25 | aftercare specialist, shall, within 15 days of sentencing to | ||||||
| |||||||
| |||||||
| 1 | probation or release from an Illinois Department of Corrections | ||||||
| 2 | or Illinois Department of Juvenile Justice facility or other | ||||||
| 3 | penal institution, contact the law enforcement agency in the | ||||||
| 4 | jurisdiction in which the sex offender or sexual predator | ||||||
| 5 | designated as his or her intended residence and verify | ||||||
| 6 | compliance with the requirements of this Act. Revocation | ||||||
| 7 | proceedings shall be immediately commenced against a sex | ||||||
| 8 | offender or sexual predator on probation, parole, aftercare | ||||||
| 9 | release, or mandatory supervised release who fails to comply | ||||||
| 10 | with the requirements of this Act.
| ||||||
| 11 | (c) In an effort to ensure that sexual predators and sex | ||||||
| 12 | offenders who fail to respond to address-verification attempts | ||||||
| 13 | or who otherwise abscond from registration are located in a | ||||||
| 14 | timely manner, the Illinois Department of State Police shall | ||||||
| 15 | share information with local law enforcement agencies. The | ||||||
| 16 | Department shall use analytical resources to assist local law | ||||||
| 17 | enforcement agencies to determine the potential whereabouts of | ||||||
| 18 | any sexual predator or sex offender who fails to respond to | ||||||
| 19 | address-verification
attempts or who otherwise absconds from | ||||||
| 20 | registration. The Department shall review and analyze all | ||||||
| 21 | available information concerning any such predator or offender | ||||||
| 22 | who fails to respond to address-verification attempts or who | ||||||
| 23 | otherwise absconds from registration and provide the | ||||||
| 24 | information to local law enforcement agencies in order to | ||||||
| 25 | assist the agencies in locating and apprehending the sexual | ||||||
| 26 | predator or sex offender.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
| 2 | (730 ILCS 150/11)
| ||||||
| 3 | Sec. 11. Offender Registration Fund. There is created the | ||||||
| 4 | Offender Registration Fund (formerly known as the Sex
Offender | ||||||
| 5 | Registration Fund). Moneys in the Fund shall be used to cover | ||||||
| 6 | costs
incurred by the criminal justice system to administer | ||||||
| 7 | this Article and the Murderer and Violent Offender Against | ||||||
| 8 | Youth Registration Act, and for purposes as authorized under | ||||||
| 9 | Section 5-9-1.15 of the Unified Code of Corrections. The | ||||||
| 10 | Illinois
Department of State Police shall establish and | ||||||
| 11 | promulgate rules and procedures
regarding the administration | ||||||
| 12 | of this Fund. Fifty percent of the moneys
in the Fund shall be | ||||||
| 13 | allocated by the Department for sheriffs' offices and
police | ||||||
| 14 | departments. The remaining moneys in the Fund received under | ||||||
| 15 | this amendatory Act of the 101st General Assembly shall be | ||||||
| 16 | allocated to the Illinois State Police for education and | ||||||
| 17 | administration of the Act.
| ||||||
| 18 | (Source: P.A. 101-571, eff. 8-23-19.)
| ||||||
| 19 | Section 1070. The Sex Offender Community Notification Law | ||||||
| 20 | is amended by changing Sections 115, 116, 117, 120, and 121 as | ||||||
| 21 | follows:
| ||||||
| 22 | (730 ILCS 152/115)
| ||||||
| 23 | Sec. 115. Sex offender database.
| ||||||
| |||||||
| |||||||
| 1 | (a) The Illinois Department of State Police
shall establish | ||||||
| 2 | and maintain a Statewide Sex Offender Database for
the
purpose | ||||||
| 3 | of identifying sex offenders and making that information
| ||||||
| 4 | available to the persons specified in Sections 120 and 125 of | ||||||
| 5 | this Law. The
Database shall be created from the Law | ||||||
| 6 | Enforcement Agencies Data System (LEADS)
established under | ||||||
| 7 | Section 6 of the Intergovernmental Missing Child Recovery Act
| ||||||
| 8 | of 1984. The Illinois Department of State Police shall examine | ||||||
| 9 | its LEADS database for
persons registered as sex offenders | ||||||
| 10 | under the Sex Offender Registration Act and
shall identify | ||||||
| 11 | those who are sex offenders and shall add all the
information, | ||||||
| 12 | including photographs if available, on those sex offenders to
| ||||||
| 13 | the Statewide Sex
Offender
Database.
| ||||||
| 14 | (b) The Illinois Department of State Police must make the | ||||||
| 15 | information contained in
the
Statewide Sex Offender Database | ||||||
| 16 | accessible on the Internet by means of a
hyperlink
labeled "Sex | ||||||
| 17 | Offender Information" on the Department's World Wide Web home
| ||||||
| 18 | page. The Department must make the information contained in the | ||||||
| 19 | Statewide Sex Offender Database searchable via a mapping system | ||||||
| 20 | which identifies registered sex offenders living within 5 miles | ||||||
| 21 | of an identified address. The Illinois Department of State | ||||||
| 22 | Police must update that information as it deems
necessary.
| ||||||
| 23 | The Illinois Department of State Police may require that a | ||||||
| 24 | person who seeks access to
the sex
offender information submit | ||||||
| 25 | biographical information about himself or
herself before
| ||||||
| 26 | permitting access to the sex offender information. The Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of State Police must promulgate rules
in accordance | ||||||
| 2 | with the Illinois Administrative Procedure
Act to implement | ||||||
| 3 | this
subsection
(b)
and those rules must include procedures to | ||||||
| 4 | ensure that the information in the
database is accurate.
| ||||||
| 5 | (c) The Illinois Department of State Police, Sex Offender | ||||||
| 6 | Registration Unit, must develop and conduct training to educate | ||||||
| 7 | all those entities involved in the Sex Offender Registration | ||||||
| 8 | Program.
| ||||||
| 9 | (Source: P.A. 93-979, eff. 8-20-04; 94-994, eff. 1-1-07.)
| ||||||
| 10 | (730 ILCS 152/116) | ||||||
| 11 | Sec. 116. Missing Sex Offender Database. | ||||||
| 12 | (a) The Illinois Department of State Police
shall establish | ||||||
| 13 | and maintain a Statewide Missing Sex Offender Database for
the
| ||||||
| 14 | purpose of identifying missing sex offenders and making that | ||||||
| 15 | information
available to the persons specified in Sections 120 | ||||||
| 16 | and 125 of this Law. The
Database shall be created from the Law | ||||||
| 17 | Enforcement Agencies Data System (LEADS)
established under | ||||||
| 18 | Section 6 of the Intergovernmental Missing Child Recovery Act
| ||||||
| 19 | of 1984. The Illinois Department of State Police shall examine | ||||||
| 20 | its LEADS database for
persons registered as sex offenders | ||||||
| 21 | under the Sex Offender Registration Act and
shall identify | ||||||
| 22 | those who are sex offenders and who have not complied with the | ||||||
| 23 | provisions of Section 6 of that Act or whose address can not be | ||||||
| 24 | verified under Section 8-5 of that Act and shall add all the
| ||||||
| 25 | information, including photographs if available, on those | ||||||
| |||||||
| |||||||
| 1 | missing sex offenders to
the Statewide Sex
Offender
Database.
| ||||||
| 2 | (b) The Illinois Department of State Police must make the | ||||||
| 3 | information contained in
the
Statewide Missing Sex Offender | ||||||
| 4 | Database accessible on the Internet by means of a
hyperlink
| ||||||
| 5 | labeled "Missing Sex Offender Information" on the Department's | ||||||
| 6 | World Wide Web home
page and on the Attorney General's I-SORT | ||||||
| 7 | page. The Illinois Department of State Police must update that | ||||||
| 8 | information as it deems
necessary. The Internet page shall also | ||||||
| 9 | include information that rewards may be available to persons | ||||||
| 10 | who inform the Illinois Department of State Police or a local | ||||||
| 11 | law enforcement agency of the whereabouts of a missing sex | ||||||
| 12 | offender.
| ||||||
| 13 | The Illinois Department of State Police may require that a | ||||||
| 14 | person who seeks access to
the missing sex
offender information | ||||||
| 15 | submit biographical information about himself or
herself | ||||||
| 16 | before
permitting access to the missing sex offender | ||||||
| 17 | information. The Illinois Department of State Police must | ||||||
| 18 | promulgate rules
in accordance with the Illinois | ||||||
| 19 | Administrative Procedure
Act to implement this
subsection
(b)
| ||||||
| 20 | and those rules must include procedures to ensure that the | ||||||
| 21 | information in the
database is accurate. | ||||||
| 22 | (c) The Illinois Department of State Police, Sex Offender | ||||||
| 23 | Registration Unit, must develop and conduct training to educate | ||||||
| 24 | all those entities involved in the Missing Sex Offender | ||||||
| 25 | Registration Program.
| ||||||
| 26 | (Source: P.A. 98-921, eff. 8-15-14.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 152/117)
| ||||||
| 2 | Sec. 117.
The Illinois Department of State Police shall | ||||||
| 3 | promulgate rules to
develop a list of sex offenders covered by | ||||||
| 4 | this Act and a list of
child
care facilities, schools, and | ||||||
| 5 | institutions of higher education
eligible to receive notice | ||||||
| 6 | under this Act, so
that
the list can be disseminated in a | ||||||
| 7 | timely manner to law enforcement agencies
having jurisdiction.
| ||||||
| 8 | (Source: P.A. 92-828, eff. 8-22-02.)
| ||||||
| 9 | (730 ILCS 152/120)
| ||||||
| 10 | Sec. 120. Community notification of sex offenders.
| ||||||
| 11 | (a) The sheriff of the county, except Cook County, shall | ||||||
| 12 | disclose to the
following the name, address, date of birth, | ||||||
| 13 | place of employment, school
attended, e-mail addresses, | ||||||
| 14 | instant messaging identities, chat room identities, other | ||||||
| 15 | Internet communications identities, all Uniform Resource | ||||||
| 16 | Locators (URLs) registered or used by the sex offender, all | ||||||
| 17 | blogs and other Internet sites maintained by the sex offender | ||||||
| 18 | or to which the sex offender has uploaded any content or posted | ||||||
| 19 | any messages or information, and offense
or adjudication of all | ||||||
| 20 | sex offenders required to register under Section 3 of
the Sex | ||||||
| 21 | Offender Registration Act:
| ||||||
| 22 | (1) The boards of institutions of higher education or | ||||||
| 23 | other appropriate
administrative offices of each | ||||||
| 24 | non-public institution of higher education
located in the | ||||||
| |||||||
| |||||||
| 1 | county where the sex offender is required to register, | ||||||
| 2 | resides,
is employed, or is attending an institution of | ||||||
| 3 | higher education;
| ||||||
| 4 | (2) School boards of public school districts and the | ||||||
| 5 | principal or other
appropriate administrative officer of | ||||||
| 6 | each nonpublic school located in the
county where the sex | ||||||
| 7 | offender is required to register or is employed;
| ||||||
| 8 | (3) Child care facilities located in the county
where | ||||||
| 9 | the sex offender is required to register or is employed;
| ||||||
| 10 | (4) Libraries located in the
county where the sex | ||||||
| 11 | offender is required to register or is employed;
| ||||||
| 12 | (5)
Public libraries located in the
county where the | ||||||
| 13 | sex offender is required to register or is employed; | ||||||
| 14 | (6)
Public housing agencies located in the
county where | ||||||
| 15 | the sex offender is required to register or is employed; | ||||||
| 16 | (7)
The Illinois Department of Children and Family | ||||||
| 17 | Services; | ||||||
| 18 | (8)
Social service agencies providing services to | ||||||
| 19 | minors located in the
county where the sex offender is | ||||||
| 20 | required to register or is employed; | ||||||
| 21 | (9)
Volunteer organizations providing services to | ||||||
| 22 | minors located in the
county where the sex offender is | ||||||
| 23 | required to register or is employed; and | ||||||
| 24 | (10) A victim of a sex offense residing in the county
| ||||||
| 25 | where the sex offender is required to register or is | ||||||
| 26 | employed, who is not otherwise required to be notified | ||||||
| |||||||
| |||||||
| 1 | under Section 4.5 of the Rights of Crime Victims and | ||||||
| 2 | Witnesses Act or Section 75 of the Sexually Violent Persons | ||||||
| 3 | Commitment Act. | ||||||
| 4 | (a-2) The sheriff of Cook County shall disclose to the | ||||||
| 5 | following the name,
address, date of birth, place of | ||||||
| 6 | employment, school attended, e-mail addresses, instant | ||||||
| 7 | messaging identities, chat room identities, other Internet | ||||||
| 8 | communications identities, all Uniform Resource Locators | ||||||
| 9 | (URLs) registered or used by the sex offender, all blogs and | ||||||
| 10 | other Internet sites maintained by the sex offender or to which | ||||||
| 11 | the sex offender has uploaded any content or posted any | ||||||
| 12 | messages or information, and offense
or
adjudication of
all sex | ||||||
| 13 | offenders required to register under Section 3 of the Sex | ||||||
| 14 | Offender
Registration Act:
| ||||||
| 15 | (1) School boards of public school districts and the | ||||||
| 16 | principal or other
appropriate administrative officer of | ||||||
| 17 | each nonpublic school located within the
region of Cook | ||||||
| 18 | County, as those public school districts and nonpublic | ||||||
| 19 | schools
are identified in LEADS, other than the City of | ||||||
| 20 | Chicago, where the sex offender
is required to register or | ||||||
| 21 | is employed;
| ||||||
| 22 | (2) Child care facilities located within the region of | ||||||
| 23 | Cook
County, as those child care facilities are identified | ||||||
| 24 | in LEADS, other than
the City of Chicago, where the sex | ||||||
| 25 | offender is required to register or is
employed;
| ||||||
| 26 | (3) The boards of institutions of higher education or | ||||||
| |||||||
| |||||||
| 1 | other appropriate
administrative offices of each | ||||||
| 2 | non-public institution of higher education
located in the | ||||||
| 3 | county, other than the City of Chicago, where the sex | ||||||
| 4 | offender
is required to register, resides, is employed, or | ||||||
| 5 | attending an institution
of
higher
education;
| ||||||
| 6 | (4) Libraries located in the
county, other than the | ||||||
| 7 | City of Chicago, where the sex offender
is required to | ||||||
| 8 | register, resides, is employed, or is attending an | ||||||
| 9 | institution
of
higher
education; | ||||||
| 10 | (5)
Public libraries located in the county, other than | ||||||
| 11 | the City of Chicago, where the sex offender
is required to | ||||||
| 12 | register, resides, is employed, or attending an | ||||||
| 13 | institution
of
higher
education; | ||||||
| 14 | (6)
Public housing agencies located in the county, | ||||||
| 15 | other than the City of Chicago, where the sex offender
is | ||||||
| 16 | required to register, resides, is employed, or attending an | ||||||
| 17 | institution
of
higher
education; | ||||||
| 18 | (7)
The Illinois Department of Children and Family | ||||||
| 19 | Services; | ||||||
| 20 | (8)
Social service agencies providing services to | ||||||
| 21 | minors located in the county, other than the City of | ||||||
| 22 | Chicago, where the sex offender
is required to register, | ||||||
| 23 | resides, is employed, or attending an institution
of
higher
| ||||||
| 24 | education; | ||||||
| 25 | (9)
Volunteer organizations providing services to | ||||||
| 26 | minors located in the county, other than the City of | ||||||
| |||||||
| |||||||
| 1 | Chicago, where the sex offender
is required to register, | ||||||
| 2 | resides, is employed, or attending an institution
of
higher
| ||||||
| 3 | education; and | ||||||
| 4 | (10) A victim of a sex offense residing in the county, | ||||||
| 5 | other than the City of Chicago, where the sex offender
is | ||||||
| 6 | required to register, resides, is employed, or attends an | ||||||
| 7 | institution
of
higher
education, who is not otherwise | ||||||
| 8 | required to be notified under Section 4.5 of the Rights of | ||||||
| 9 | Crime Victims and Witnesses Act or Section 75 of the | ||||||
| 10 | Sexually Violent Persons Commitment Act. | ||||||
| 11 | (a-3) The Chicago Police Department shall disclose to the | ||||||
| 12 | following the
name, address, date of birth, place of | ||||||
| 13 | employment, school attended, e-mail addresses, instant | ||||||
| 14 | messaging identities, chat room identities, other Internet | ||||||
| 15 | communications identities, all Uniform Resource Locators | ||||||
| 16 | (URLs) registered or used by the sex offender, all blogs and | ||||||
| 17 | other Internet sites maintained by the sex offender or to which | ||||||
| 18 | the sex offender has uploaded any content or posted any | ||||||
| 19 | messages or information, and
offense
or adjudication
of all sex | ||||||
| 20 | offenders required to register under Section 3 of the Sex | ||||||
| 21 | Offender
Registration Act:
| ||||||
| 22 | (1) School boards of public school districts and the | ||||||
| 23 | principal or other
appropriate administrative officer of | ||||||
| 24 | each nonpublic school located in the
police district where | ||||||
| 25 | the sex offender is required to register or is
employed if | ||||||
| 26 | the offender is required to register or is employed in the
| ||||||
| |||||||
| |||||||
| 1 | City of Chicago;
| ||||||
| 2 | (2) Child care facilities located in the police | ||||||
| 3 | district where the
sex offender is required to register or | ||||||
| 4 | is employed if the offender is
required to register or is | ||||||
| 5 | employed in the City of Chicago;
| ||||||
| 6 | (3) The boards of institutions of higher education or | ||||||
| 7 | other appropriate
administrative offices of each | ||||||
| 8 | non-public institution of higher education
located in the | ||||||
| 9 | police district where the sex offender is required to | ||||||
| 10 | register,
resides, is employed, or attending an | ||||||
| 11 | institution of higher education in the
City of
Chicago;
| ||||||
| 12 | (4) Libraries located in the
police district where the | ||||||
| 13 | sex offender is required to register or is
employed if the | ||||||
| 14 | offender is required to register or is employed in the
City | ||||||
| 15 | of Chicago; | ||||||
| 16 | (5)
Public libraries located in the police district | ||||||
| 17 | where the sex offender is required to register,
resides, is | ||||||
| 18 | employed, or attending an institution of higher education | ||||||
| 19 | in the
City of
Chicago; | ||||||
| 20 | (6)
Public housing agencies located in the police | ||||||
| 21 | district where the sex offender is required to register,
| ||||||
| 22 | resides, is employed, or attending an institution of higher | ||||||
| 23 | education in the
City of
Chicago; | ||||||
| 24 | (7)
The Illinois Department of Children and Family | ||||||
| 25 | Services; | ||||||
| 26 | (8)
Social service agencies providing services to | ||||||
| |||||||
| |||||||
| 1 | minors located in the police district where the sex | ||||||
| 2 | offender is required to register,
resides, is employed, or | ||||||
| 3 | attending an institution of higher education in the
City of
| ||||||
| 4 | Chicago; | ||||||
| 5 | (9)
Volunteer organizations providing services to | ||||||
| 6 | minors located in the police district where the sex | ||||||
| 7 | offender is required to register,
resides, is employed, or | ||||||
| 8 | attending an institution of higher education in the
City of
| ||||||
| 9 | Chicago; and | ||||||
| 10 | (10) A victim of a sex offense residing in the police | ||||||
| 11 | district where the sex offender is required to register,
| ||||||
| 12 | resides, is employed, or attends an institution of higher | ||||||
| 13 | education in the
City of
Chicago, who is not otherwise | ||||||
| 14 | required to be notified under Section 4.5 of the Rights of | ||||||
| 15 | Crime Victims and Witnesses Act or Section 75 of the | ||||||
| 16 | Sexually Violent Persons Commitment Act. | ||||||
| 17 | (a-4) The Illinois Department of State Police shall provide | ||||||
| 18 | a list of sex offenders
required to register to the Illinois | ||||||
| 19 | Department of Children and Family
Services.
| ||||||
| 20 | (b) The Illinois Department of State Police and any law | ||||||
| 21 | enforcement agency may
disclose, in the Department's or | ||||||
| 22 | agency's discretion, the following information
to any person | ||||||
| 23 | likely to encounter a sex offender, or sexual predator:
| ||||||
| 24 | (1) The offender's name, address, date of birth, e-mail | ||||||
| 25 | addresses, instant messaging identities, chat room | ||||||
| 26 | identities, and other Internet communications identities, | ||||||
| |||||||
| |||||||
| 1 | all Uniform Resource Locators (URLs) registered or used by | ||||||
| 2 | the sex offender, and all blogs and other Internet sites | ||||||
| 3 | maintained by the sex offender or to which the sex offender | ||||||
| 4 | has uploaded any content or posted any messages or | ||||||
| 5 | information.
| ||||||
| 6 | (2) The offense for which the offender was convicted.
| ||||||
| 7 | (3) Adjudication as a sexually dangerous person.
| ||||||
| 8 | (4) The offender's photograph or other such | ||||||
| 9 | information that will help
identify the sex offender.
| ||||||
| 10 | (5) Offender employment information, to protect public | ||||||
| 11 | safety.
| ||||||
| 12 | (c) The name, address, date of birth, e-mail addresses, | ||||||
| 13 | instant messaging identities, chat room identities, other | ||||||
| 14 | Internet communications identities, all Uniform Resource | ||||||
| 15 | Locators (URLs) registered or used by the sex offender, all | ||||||
| 16 | blogs and other Internet sites maintained by the sex offender | ||||||
| 17 | or to which the sex offender has uploaded any content or posted | ||||||
| 18 | any messages or information, offense or adjudication, the | ||||||
| 19 | county of conviction, license plate numbers for every vehicle | ||||||
| 20 | registered in the name of the sex offender, the age of the sex | ||||||
| 21 | offender at the time of the commission of the offense, the age | ||||||
| 22 | of the victim at the time of the commission of the offense, and | ||||||
| 23 | any distinguishing marks located on the body of the sex | ||||||
| 24 | offender for sex
offenders required to register under Section 3 | ||||||
| 25 | of the Sex Offender Registration
Act shall be open to | ||||||
| 26 | inspection by the public as provided in this Section.
Every | ||||||
| |||||||
| |||||||
| 1 | municipal police department shall make available at its | ||||||
| 2 | headquarters
the information on all sex offenders who are | ||||||
| 3 | required to register in the
municipality under the Sex Offender | ||||||
| 4 | Registration Act. The sheriff shall
also make available at his | ||||||
| 5 | or her headquarters the information on all sex
offenders who | ||||||
| 6 | are required to register under that Act and who live in
| ||||||
| 7 | unincorporated areas of the county. Sex offender information | ||||||
| 8 | must be made
available for public inspection to any person, no | ||||||
| 9 | later than 72 hours or 3
business days from the date of the | ||||||
| 10 | request.
The request must be made in person, in writing, or by | ||||||
| 11 | telephone.
Availability must include giving the inquirer | ||||||
| 12 | access to a
facility where the information may be copied. A | ||||||
| 13 | department or sheriff
may charge a fee, but the fee may not | ||||||
| 14 | exceed the actual costs of
copying the information. An inquirer | ||||||
| 15 | must be allowed to copy this information
in his or her own | ||||||
| 16 | handwriting. A department or sheriff must allow access to
the | ||||||
| 17 | information during normal public working hours.
The sheriff or | ||||||
| 18 | a municipal police department may publish the
photographs of | ||||||
| 19 | sex offenders where any victim was 13 years of age or younger
| ||||||
| 20 | and who are required to register in the municipality or county | ||||||
| 21 | under the Sex
Offender Registration Act in a newspaper or | ||||||
| 22 | magazine of general circulation in
the municipality or county | ||||||
| 23 | or may disseminate the photographs of those sex
offenders on | ||||||
| 24 | the Internet or on television. The law enforcement agency may
| ||||||
| 25 | make available the information on all sex offenders residing | ||||||
| 26 | within any county.
| ||||||
| |||||||
| |||||||
| 1 | (d) The Illinois Department of State Police and any law | ||||||
| 2 | enforcement agency having
jurisdiction may, in the | ||||||
| 3 | Department's or agency's discretion, place the
information | ||||||
| 4 | specified in subsection (b) on the Internet or in
other media.
| ||||||
| 5 | (e) (Blank).
| ||||||
| 6 | (f) The administrator of a transitional housing facility | ||||||
| 7 | for sex offenders shall comply with the notification procedures | ||||||
| 8 | established in paragraph (4) of subsection (b) of Section | ||||||
| 9 | 3-17-5 of the Unified Code of Corrections. | ||||||
| 10 | (g) A principal or teacher of a public or private | ||||||
| 11 | elementary or secondary school shall notify the parents of | ||||||
| 12 | children attending the school during school registration or | ||||||
| 13 | during parent-teacher conferences that information about sex | ||||||
| 14 | offenders is available to the public as provided in this Act.
| ||||||
| 15 | (h) In order to receive notice under paragraph (10) of | ||||||
| 16 | subsection (a), paragraph (10) of subsection (a-2), or | ||||||
| 17 | paragraph (10) of subsection (a-3), the victim of the sex | ||||||
| 18 | offense must notify the appropriate sheriff or the Chicago | ||||||
| 19 | Police Department in writing, by facsimile transmission, or by | ||||||
| 20 | e-mail that the victim desires to receive such notice. | ||||||
| 21 | (i) For purposes of this Section, "victim of a sex offense" | ||||||
| 22 | means: | ||||||
| 23 | (1) the victim of the sex offense; or | ||||||
| 24 | (2) a single
representative who
may be the spouse, | ||||||
| 25 | parent, child, or sibling of a person killed during the | ||||||
| 26 | course of a sex offense perpetrated against the person | ||||||
| |||||||
| |||||||
| 1 | killed or the spouse, parent,
child, or sibling of any | ||||||
| 2 | victim of a sex offense who is physically
or mentally | ||||||
| 3 | incapable of comprehending or requesting notice. | ||||||
| 4 | (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | ||||||
| 5 | 94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. | ||||||
| 6 | 8-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896, | ||||||
| 7 | eff. 1-1-09.)
| ||||||
| 8 | (730 ILCS 152/121) | ||||||
| 9 | Sec. 121. Notification regarding juvenile offenders. | ||||||
| 10 | (a) The Illinois Department of State Police and any law | ||||||
| 11 | enforcement agency having
jurisdiction may, in the | ||||||
| 12 | Department's or agency's discretion, only provide
the
| ||||||
| 13 | information specified in subsection (b) of Section 120 of this | ||||||
| 14 | Act, with respect to an adjudicated
juvenile delinquent, to any | ||||||
| 15 | person when that person's safety may be compromised
for some
| ||||||
| 16 | reason related to the juvenile sex offender. | ||||||
| 17 | (b) The local law enforcement agency having jurisdiction to | ||||||
| 18 | register the juvenile sex offender shall ascertain from the | ||||||
| 19 | juvenile sex offender whether the juvenile sex offender is | ||||||
| 20 | enrolled in school; and if so, shall provide a copy of the sex | ||||||
| 21 | offender registration form only to the principal or chief | ||||||
| 22 | administrative officer of the school and any guidance counselor | ||||||
| 23 | designated by him or her. The registration form shall be kept | ||||||
| 24 | separately from any and all school records maintained on behalf | ||||||
| 25 | of the juvenile sex offender.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||||||
| 2 | Section 1075. The Murderer and Violent Offender Against | ||||||
| 3 | Youth Registration Act is amended by changing Sections 10, 11, | ||||||
| 4 | 13, 15, 20, 25, 30, 40, 45, 46, 50, 85, 90, 95, and 100 as | ||||||
| 5 | follows:
| ||||||
| 6 | (730 ILCS 154/10)
| ||||||
| 7 | Sec. 10. Duty to register. | ||||||
| 8 | (a) A violent offender against youth shall, within the time | ||||||
| 9 | period
prescribed in subsections (b) and (c), register in | ||||||
| 10 | person
and provide accurate information as required by the | ||||||
| 11 | Illinois Department of State
Police. Such information shall | ||||||
| 12 | include a current photograph,
current address,
current place of | ||||||
| 13 | employment, the employer's telephone number, school attended, | ||||||
| 14 | extensions of the time period for registering as provided in | ||||||
| 15 | this Act and, if an extension was granted, the reason why the | ||||||
| 16 | extension was granted and the date the violent offender against | ||||||
| 17 | youth was notified of the extension. A person who has been | ||||||
| 18 | adjudicated a juvenile delinquent for an act which, if | ||||||
| 19 | committed by an adult, would be a violent offense against youth | ||||||
| 20 | shall register as an adult violent offender against youth | ||||||
| 21 | within 10 days after attaining 17 years of age. The violent | ||||||
| 22 | offender against youth shall register:
| ||||||
| 23 | (1) with the chief of police in the municipality in | ||||||
| 24 | which he or she
resides or is temporarily domiciled for a | ||||||
| |||||||
| |||||||
| 1 | period of time of 5 or more
days, unless the
municipality | ||||||
| 2 | is the City of Chicago, in which case he or she shall | ||||||
| 3 | register
at a fixed location designated by the | ||||||
| 4 | Superintendent of the Chicago Police Department; or
| ||||||
| 5 | (2) with the sheriff in the county in which
he or she | ||||||
| 6 | resides or is
temporarily domiciled
for a period of time of | ||||||
| 7 | 5 or more days in an unincorporated
area or, if | ||||||
| 8 | incorporated, no police chief exists.
| ||||||
| 9 | If the violent offender against youth is employed at or | ||||||
| 10 | attends an institution of higher education, he or she shall | ||||||
| 11 | register:
| ||||||
| 12 | (i) with the chief of police in the municipality in | ||||||
| 13 | which he or she is employed at or attends an institution of | ||||||
| 14 | higher education, unless the municipality is the City of | ||||||
| 15 | Chicago, in which case he or she shall register at a fixed | ||||||
| 16 | location designated by the Superintendent of the Chicago | ||||||
| 17 | Police Department; or | ||||||
| 18 | (ii) with the sheriff in the county in which he or she | ||||||
| 19 | is employed or attends an institution of higher education | ||||||
| 20 | located in an unincorporated area, or if incorporated, no | ||||||
| 21 | police chief exists.
| ||||||
| 22 | For purposes of this Act, the place of residence or | ||||||
| 23 | temporary
domicile is defined as any and all places where the | ||||||
| 24 | violent offender against youth resides
for an aggregate period | ||||||
| 25 | of time of 5 or more days during any calendar year.
Any person | ||||||
| 26 | required to register under this Act who lacks a fixed address | ||||||
| |||||||
| |||||||
| 1 | or temporary domicile must notify, in person, the agency of | ||||||
| 2 | jurisdiction of his or her last known address within 5 days | ||||||
| 3 | after ceasing to have a fixed residence. | ||||||
| 4 | Any person who lacks a fixed residence must report weekly, | ||||||
| 5 | in person, with the sheriff's office of the county in which he | ||||||
| 6 | or she is located in an unincorporated area, or with the chief | ||||||
| 7 | of police in the municipality in which he or she is located. | ||||||
| 8 | The agency of jurisdiction will document each weekly | ||||||
| 9 | registration to include all the locations where the person has | ||||||
| 10 | stayed during the past 7 days.
| ||||||
| 11 | The violent offender against youth shall provide accurate | ||||||
| 12 | information
as required by the Illinois Department of State | ||||||
| 13 | Police. That information shall include
the current place of | ||||||
| 14 | employment of the violent offender against youth.
| ||||||
| 15 | (a-5) An out-of-state student or out-of-state employee | ||||||
| 16 | shall,
within 5 days after beginning school or employment in | ||||||
| 17 | this State,
register in person and provide accurate information | ||||||
| 18 | as required by the Illinois
Department of State Police. Such | ||||||
| 19 | information will include current place of
employment, school | ||||||
| 20 | attended, and address in state of residence. The out-of-state | ||||||
| 21 | student or out-of-state employee shall register:
| ||||||
| 22 | (1) with the chief of police in the municipality in | ||||||
| 23 | which he or she attends school or is employed for a period | ||||||
| 24 | of time of 5
or more days or for an
aggregate period of | ||||||
| 25 | time of more than 30 days during any
calendar year, unless | ||||||
| 26 | the
municipality is the City of Chicago, in which case he | ||||||
| |||||||
| |||||||
| 1 | or she shall register at
a fixed location designated by the | ||||||
| 2 | Superintendent of the Chicago Police Department; or
| ||||||
| 3 | (2) with the sheriff in the county in which
he or she | ||||||
| 4 | attends school or is
employed for a period of time of 5 or | ||||||
| 5 | more days or
for an aggregate period of
time of more than | ||||||
| 6 | 30 days during any calendar year in an
unincorporated area
| ||||||
| 7 | or, if incorporated, no police chief exists. | ||||||
| 8 | The out-of-state student or out-of-state employee shall | ||||||
| 9 | provide accurate
information as required by the Illinois | ||||||
| 10 | Department of State Police. That information
shall include the | ||||||
| 11 | out-of-state student's current place of school attendance or
| ||||||
| 12 | the out-of-state employee's current place of employment.
| ||||||
| 13 | (b) Any violent offender against youth regardless of any | ||||||
| 14 | initial,
prior, or other registration, shall, within 5 days of | ||||||
| 15 | beginning school,
or establishing a
residence, place of | ||||||
| 16 | employment, or temporary domicile in
any county, register in | ||||||
| 17 | person as set forth in subsection (a)
or (a-5).
| ||||||
| 18 | (c) The registration for any person required to register | ||||||
| 19 | under this
Act shall be as follows:
| ||||||
| 20 | (1) Except as provided in paragraph (3) of this | ||||||
| 21 | subsection (c), any person who has not
been notified of his | ||||||
| 22 | or her responsibility to register shall be notified by a
| ||||||
| 23 | criminal justice entity of his or her responsibility to | ||||||
| 24 | register. Upon
notification the person must then register | ||||||
| 25 | within 5 days of notification of
his or her requirement to | ||||||
| 26 | register. If notification is not made within the
offender's | ||||||
| |||||||
| |||||||
| 1 | 10 year registration requirement, and the Illinois | ||||||
| 2 | Department of State
Police determines no evidence exists or | ||||||
| 3 | indicates the offender attempted to
avoid registration, | ||||||
| 4 | the offender will no longer be required to register under
| ||||||
| 5 | this Act.
| ||||||
| 6 | (2) Except as provided in paragraph (3) of this | ||||||
| 7 | subsection (c), any person convicted on
or after the | ||||||
| 8 | effective date of this Act shall register in person within | ||||||
| 9 | 5 days after the
entry of the sentencing order based upon | ||||||
| 10 | his or her conviction.
| ||||||
| 11 | (3) Any person unable to comply with the registration | ||||||
| 12 | requirements of
this Act because he or she is confined, | ||||||
| 13 | institutionalized,
or imprisoned in Illinois on or after | ||||||
| 14 | the effective date of this Act shall register in person
| ||||||
| 15 | within 5 days of discharge, parole or release.
| ||||||
| 16 | (4) The person shall provide positive identification | ||||||
| 17 | and documentation
that substantiates proof of residence at | ||||||
| 18 | the registering address.
| ||||||
| 19 | (5) The person shall pay a $20
initial registration fee | ||||||
| 20 | and
a $10
annual
renewal fee. The fees shall be deposited | ||||||
| 21 | into the Offender Registration Fund. The fees shall be used | ||||||
| 22 | by the registering agency for official
purposes. The agency | ||||||
| 23 | shall establish procedures to document receipt and use
of | ||||||
| 24 | the funds.
The law enforcement agency having jurisdiction | ||||||
| 25 | may waive the registration fee
if it determines that the | ||||||
| 26 | person is indigent and unable to pay the registration
fee.
| ||||||
| |||||||
| |||||||
| 1 | (d) Within 5 days after obtaining or changing employment, a | ||||||
| 2 | person required to
register under this Section must report, in | ||||||
| 3 | person to the law
enforcement agency having jurisdiction, the | ||||||
| 4 | business name and address where he
or she is employed. If the | ||||||
| 5 | person has multiple businesses or work locations,
every | ||||||
| 6 | business and work location must be reported to the law | ||||||
| 7 | enforcement agency
having jurisdiction.
| ||||||
| 8 | (Source: P.A. 101-571, eff. 8-23-19.)
| ||||||
| 9 | (730 ILCS 154/11)
| ||||||
| 10 | Sec. 11. Transfer from the sex offender registry. | ||||||
| 11 | (a) The registration information for a person registered | ||||||
| 12 | under the Sex Offender Registration Act who was convicted or | ||||||
| 13 | adjudicated for an offense listed in subsection (b) of Section | ||||||
| 14 | 5 of this Act may only be transferred to the Murderer and | ||||||
| 15 | Violent Offender Against Youth Registry if all the following | ||||||
| 16 | conditions are met: | ||||||
| 17 | (1) The offender's sole offense requiring registration | ||||||
| 18 | was a conviction or adjudication for an offense or offenses | ||||||
| 19 | listed in subsection (b) of Section 5 of this Act. | ||||||
| 20 | (2) The State's Attorney's Office in the county in | ||||||
| 21 | which the offender was convicted has verified, on a form | ||||||
| 22 | prescribed by the Illinois State Police, that the person's | ||||||
| 23 | crime that required or requires registration was not | ||||||
| 24 | sexually motivated as defined in Section 10 of the Sex | ||||||
| 25 | Offender Management Board Act. | ||||||
| |||||||
| |||||||
| 1 | (3) The completed form has been received by the | ||||||
| 2 | registering law enforcement agency and the Illinois State | ||||||
| 3 | Police's Sex Offender Registration Unit. | ||||||
| 4 | (b) Transfer under this Section shall not extend the | ||||||
| 5 | registration period for offenders who were registered under the | ||||||
| 6 | Sex Offender Registration Act.
| ||||||
| 7 | (Source: P.A. 97-154, eff. 1-1-12.)
| ||||||
| 8 | (730 ILCS 154/13) | ||||||
| 9 | Sec. 13. Request for Review. | ||||||
| 10 | (a) Any person who is required to register under this Act | ||||||
| 11 | may file a Request for Review with the office of the State's | ||||||
| 12 | Attorney of the county in which he or she was convicted, and | ||||||
| 13 | request that the office of the State's Attorney review his or | ||||||
| 14 | her registration information. Upon receipt of a Request for | ||||||
| 15 | Review, the State's Attorney shall review the information | ||||||
| 16 | provided by the offender, and if he or she determines that the | ||||||
| 17 | information currently relied upon for registration is | ||||||
| 18 | inaccurate, the State's Attorney shall correct the error before | ||||||
| 19 | reporting the offender's personal information to the Illinois | ||||||
| 20 | Department of State Police.
If the State's Attorney makes a | ||||||
| 21 | determination to deny a Request for Review, the State's | ||||||
| 22 | Attorney shall give the reason why and the information relied | ||||||
| 23 | upon for denying the Request for Review. | ||||||
| 24 | (b)
Within 60 days of a denial of a request for review an | ||||||
| 25 | offender may appeal the decision of the State's Attorney to | ||||||
| |||||||
| |||||||
| 1 | deny the Request for Review in the circuit court.
| ||||||
| 2 | (Source: P.A. 100-946, eff. 1-1-19.)
| ||||||
| 3 | (730 ILCS 154/15)
| ||||||
| 4 | Sec. 15. Discharge of violent offender against youth. | ||||||
| 5 | Discharge of violent offender against youth from Department of
| ||||||
| 6 | Corrections
facility or other penal institution; duties of
| ||||||
| 7 | official in charge. Any violent offender against youth who
is | ||||||
| 8 | discharged, paroled, or released from a Department of
| ||||||
| 9 | Corrections facility, a facility where such person was placed | ||||||
| 10 | by the
Department of Corrections or another penal institution, | ||||||
| 11 | and
whose liability for
registration has not terminated under | ||||||
| 12 | Section 40 shall, prior to discharge,
parole or release from | ||||||
| 13 | the facility or institution, be informed of his or her
duty to | ||||||
| 14 | register in person within 5 days of release by the
facility or | ||||||
| 15 | institution in which he or she was confined.
The facility or | ||||||
| 16 | institution shall also inform any person who must register
that | ||||||
| 17 | if he or she establishes a residence outside of the State of | ||||||
| 18 | Illinois,
is employed outside of the State of Illinois, or | ||||||
| 19 | attends school outside of
the
State of Illinois,
he
or she must | ||||||
| 20 | register in the new state within 5 days after establishing
the
| ||||||
| 21 | residence, beginning employment, or beginning school. | ||||||
| 22 | The facility shall require the person to read and sign such | ||||||
| 23 | form as may
be required by the Illinois Department of State | ||||||
| 24 | Police stating that the duty to
register and the procedure for | ||||||
| 25 | registration has been explained to him or her
and that he or | ||||||
| |||||||
| |||||||
| 1 | she understands the duty to register and the procedure for
| ||||||
| 2 | registration. The facility shall further advise the person in | ||||||
| 3 | writing that the
failure to register or other violation of this | ||||||
| 4 | Act shall result in
revocation of parole, aftercare release, | ||||||
| 5 | mandatory supervised release or conditional release.
The | ||||||
| 6 | facility shall obtain information about where the
person | ||||||
| 7 | expects to reside, work, and attend school upon
his or her | ||||||
| 8 | discharge, parole or release and shall report the information | ||||||
| 9 | to the
Illinois Department of State Police. The facility shall | ||||||
| 10 | give one copy of the form
to the person and shall send one copy | ||||||
| 11 | to each of the law enforcement agencies
having
jurisdiction | ||||||
| 12 | where the person expects to reside, work, and attend school
| ||||||
| 13 | upon his or her discharge,
parole or release and retain one | ||||||
| 14 | copy for the files.
Electronic data files which includes all | ||||||
| 15 | notification form information and
photographs of violent | ||||||
| 16 | offenders against youth being released from an Illinois | ||||||
| 17 | Department of
Corrections or Illinois Department of Juvenile | ||||||
| 18 | Justice facility will be shared on a regular basis as | ||||||
| 19 | determined between
the Illinois Department of State Police, the | ||||||
| 20 | Department of Corrections and Department of Juvenile Justice.
| ||||||
| 21 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
| 22 | (730 ILCS 154/20)
| ||||||
| 23 | Sec. 20. Release of violent offender against youth; duties | ||||||
| 24 | of the Court.
Any violent
offender against youth who is | ||||||
| 25 | released on
probation or
discharged upon payment of a fine | ||||||
| |||||||
| |||||||
| 1 | because of the commission of one of the
offenses defined in | ||||||
| 2 | subsection (b) of Section 5 of this Act, shall, prior
to such | ||||||
| 3 | release be informed of his or her duty to register under this | ||||||
| 4 | Act
by the Court in which he or she was convicted. The Court | ||||||
| 5 | shall also inform
any person who must register that if he or | ||||||
| 6 | she establishes a residence
outside of the State of Illinois,
| ||||||
| 7 | is employed outside of the State of Illinois, or attends school | ||||||
| 8 | outside of
the
State of Illinois,
he or she must register in | ||||||
| 9 | the new state
within 5 days after establishing the residence, | ||||||
| 10 | beginning employment, or
beginning school. The Court shall | ||||||
| 11 | require
the person to read and sign such form as may be | ||||||
| 12 | required by the Illinois Department of State Police stating | ||||||
| 13 | that the duty to register and the procedure for
registration | ||||||
| 14 | has been explained to him or her and that he or she understands
| ||||||
| 15 | the duty to register and the procedure for registration. The | ||||||
| 16 | Court shall
further advise the person in writing that the | ||||||
| 17 | failure to register or other
violation of this Act shall result | ||||||
| 18 | in
probation revocation.
The Court shall obtain information | ||||||
| 19 | about
where the person expects to reside, work, and attend | ||||||
| 20 | school upon his or
her release, and shall report the
| ||||||
| 21 | information to the Illinois Department of State Police. The | ||||||
| 22 | Court shall
give one copy of
the form to the person and retain | ||||||
| 23 | the original in the court records. The
Illinois Department of | ||||||
| 24 | State Police shall notify the law enforcement
agencies having
| ||||||
| 25 | jurisdiction where the person expects to reside, work and | ||||||
| 26 | attend school
upon his or her release.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 94-945, eff. 6-27-06.)
| ||||||
| 2 | (730 ILCS 154/25)
| ||||||
| 3 | Sec. 25. Discharge of violent offender against youth from | ||||||
| 4 | hospital. Discharge of violent offender against youth from a | ||||||
| 5 | hospital
or other treatment
facility; duties of the official in | ||||||
| 6 | charge.
Any violent offender against youth who is
discharged or | ||||||
| 7 | released
from a hospital or other treatment facility where he | ||||||
| 8 | or she was confined shall
be informed by the hospital
or | ||||||
| 9 | treatment facility in which
he or she was confined, prior to | ||||||
| 10 | discharge or
release from the hospital or treatment facility, | ||||||
| 11 | of his or her duty
to register under this Act. | ||||||
| 12 | The facility shall require the person to read and sign such | ||||||
| 13 | form as may be
required by the Illinois Department of State | ||||||
| 14 | Police stating that the duty to register
and
the procedure for | ||||||
| 15 | registration have been explained to him or her and that he or
| ||||||
| 16 | she understands the duty to register and the procedure for | ||||||
| 17 | registration. The
facility shall give one copy of the form to | ||||||
| 18 | the person, retain one copy for
its records, and forward the | ||||||
| 19 | original to the Illinois Department of State Police. The
| ||||||
| 20 | facility shall obtain information about where the person
| ||||||
| 21 | expects to reside, work, and attend school upon his
or her | ||||||
| 22 | discharge, parole, or release and shall report the information | ||||||
| 23 | to the
Illinois Department of State Police within 3 days.
The | ||||||
| 24 | facility or institution shall also inform any person who must | ||||||
| 25 | register
that if he or she establishes a residence outside of | ||||||
| |||||||
| |||||||
| 1 | the State of Illinois, is
employed outside of the State of | ||||||
| 2 | Illinois, or attends school outside of the
State of Illinois, | ||||||
| 3 | he or she must register in the new state within 5 days
after | ||||||
| 4 | establishing the residence, beginning school, or beginning | ||||||
| 5 | employment.
The Illinois Department of State Police shall | ||||||
| 6 | notify the
law enforcement agencies
having jurisdiction where | ||||||
| 7 | the person expects to reside, work, and attend
school upon his | ||||||
| 8 | or her
release.
| ||||||
| 9 | (Source: P.A. 94-945, eff. 6-27-06.)
| ||||||
| 10 | (730 ILCS 154/30)
| ||||||
| 11 | Sec. 30. Duty to report; change of address, school, or | ||||||
| 12 | employment; duty
to inform.
Any violent offender against youth | ||||||
| 13 | who is required to register under this
Act shall report in | ||||||
| 14 | person to the appropriate law enforcement agency with
whom he | ||||||
| 15 | or she last registered within one year from the date of last
| ||||||
| 16 | registration and every year thereafter and at such other times | ||||||
| 17 | at the request of the law enforcement agency not to exceed 4 | ||||||
| 18 | times a year. If any person required to register under this Act | ||||||
| 19 | lacks a fixed residence or temporary domicile, he or she must | ||||||
| 20 | notify, in person, the agency of jurisdiction of his or her | ||||||
| 21 | last known address within 5 days after ceasing to have a fixed | ||||||
| 22 | residence and if the offender leaves the last jurisdiction of | ||||||
| 23 | residence, he or she must, within 48 hours after leaving, | ||||||
| 24 | register in person with the new agency of jurisdiction. If any | ||||||
| 25 | other person required to register
under this Act changes his or | ||||||
| |||||||
| |||||||
| 1 | her residence address, place of
employment,
or school, he or | ||||||
| 2 | she shall report in
person to the law
enforcement agency
with | ||||||
| 3 | whom he or she last registered of his or her new address, | ||||||
| 4 | change in
employment, or school and register, in person, with | ||||||
| 5 | the appropriate law enforcement
agency within the
time period | ||||||
| 6 | specified in Section 10. The law enforcement agency shall, | ||||||
| 7 | within 3
days of the reporting in person by the person required | ||||||
| 8 | to register under this Act, notify the Illinois Department of | ||||||
| 9 | State Police of the new place of residence, change in
| ||||||
| 10 | employment, or school. | ||||||
| 11 | If any person required to register under this Act intends | ||||||
| 12 | to establish a
residence or employment outside of the State of | ||||||
| 13 | Illinois, at least 10 days
before establishing that residence | ||||||
| 14 | or employment, he or she shall report in person to the law | ||||||
| 15 | enforcement agency with which he or she last registered of his
| ||||||
| 16 | or her out-of-state intended residence or employment. The law | ||||||
| 17 | enforcement agency with
which such person last registered | ||||||
| 18 | shall, within 3 days after the reporting in person of the | ||||||
| 19 | person required to register under this Act of an address or
| ||||||
| 20 | employment change, notify the Illinois Department of State | ||||||
| 21 | Police. The Illinois Department of State Police shall forward | ||||||
| 22 | such information to the out-of-state law enforcement
agency | ||||||
| 23 | having jurisdiction in the form and manner prescribed by the
| ||||||
| 24 | Illinois Department of State Police.
| ||||||
| 25 | (Source: P.A. 94-945, eff. 6-27-06.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 154/40)
| ||||||
| 2 | Sec. 40. Duration of registration.
A person who becomes | ||||||
| 3 | subject to registration under this Article who has previously | ||||||
| 4 | been subject to registration under this Article or under the | ||||||
| 5 | Sex Offender Registration Act or similar registration | ||||||
| 6 | requirements of other jurisdictions shall register for the | ||||||
| 7 | period of his or her natural life if not confined to a penal | ||||||
| 8 | institution,
hospital, or other institution or facility, and if | ||||||
| 9 | confined, for
the period of his or her natural life after | ||||||
| 10 | parole, discharge, or release from
any such facility. Any other
| ||||||
| 11 | person who is required to register
under this Act shall be | ||||||
| 12 | required to register for a period of 10 years after
conviction | ||||||
| 13 | or adjudication if not confined to a penal institution, | ||||||
| 14 | hospital
or any other
institution or facility, and if confined, | ||||||
| 15 | for a period of 10 years after
parole, discharge or release | ||||||
| 16 | from any such facility. A violent offender against youth who is
| ||||||
| 17 | allowed to leave a county, State, or federal facility for the | ||||||
| 18 | purposes of work
release, education, or overnight visitations | ||||||
| 19 | shall be required
to register within 5 days of beginning such a | ||||||
| 20 | program. Liability for
registration terminates at the | ||||||
| 21 | expiration of 10 years from the date of
conviction or | ||||||
| 22 | adjudication if not confined to a penal institution, hospital
| ||||||
| 23 | or any other
institution or facility and if confined, at the | ||||||
| 24 | expiration of 10 years from the
date of parole, discharge or | ||||||
| 25 | release from any such facility, providing such
person does not, | ||||||
| 26 | during that period, again
become
liable
to register under the | ||||||
| |||||||
| |||||||
| 1 | provisions of this Act.
Reconfinement due to a violation of | ||||||
| 2 | parole or other circumstances that relates to the original | ||||||
| 3 | conviction or adjudication shall extend the period of | ||||||
| 4 | registration to 10 years after final parole, discharge, or | ||||||
| 5 | release. The Director of the Illinois State Police, consistent | ||||||
| 6 | with administrative rules, shall
extend for 10 years the | ||||||
| 7 | registration period of any violent offender against youth who | ||||||
| 8 | fails to
comply with the provisions of this Act. The | ||||||
| 9 | registration period for any violent offender against youth who | ||||||
| 10 | fails to comply with any provision of the Act shall extend the | ||||||
| 11 | period of registration by 10 years beginning from the first | ||||||
| 12 | date of registration after the violation.
If the registration | ||||||
| 13 | period is extended, the Illinois Department of State Police | ||||||
| 14 | shall send a registered letter to the law enforcement agency | ||||||
| 15 | where the violent offender against youth resides within 3 days | ||||||
| 16 | after the extension of the registration period. The violent | ||||||
| 17 | offender against youth shall report to that law enforcement | ||||||
| 18 | agency and sign for that letter. One copy of that letter shall | ||||||
| 19 | be kept on file with the law enforcement agency of the | ||||||
| 20 | jurisdiction where the violent offender against youth resides | ||||||
| 21 | and one copy shall be returned to the Illinois Department of | ||||||
| 22 | State Police.
| ||||||
| 23 | (Source: P.A. 94-945, eff. 6-27-06; 95-169, eff. 8-14-07.)
| ||||||
| 24 | (730 ILCS 154/45)
| ||||||
| 25 | Sec. 45. Registration requirements. Registration as | ||||||
| |||||||
| |||||||
| 1 | required by this
Act shall consist of a statement in writing | ||||||
| 2 | signed by the person giving the
information that is required by | ||||||
| 3 | the Illinois Department of State Police, which may
include the | ||||||
| 4 | fingerprints and must include a current photograph of the | ||||||
| 5 | person, to be updated annually. The
registration
information | ||||||
| 6 | must include whether the person is a violent offender against | ||||||
| 7 | youth. Within 3
days, the
registering law enforcement agency | ||||||
| 8 | shall forward any
required information to the Illinois | ||||||
| 9 | Department of State Police. The registering
law enforcement | ||||||
| 10 | agency shall
enter the information into the Law Enforcement | ||||||
| 11 | Agencies Data System (LEADS) as
provided in Sections 6 and 7 of | ||||||
| 12 | the Intergovernmental Missing Child Recovery
Act of 1984.
| ||||||
| 13 | (Source: P.A. 94-945, eff. 6-27-06.)
| ||||||
| 14 | (730 ILCS 154/46) | ||||||
| 15 | Sec. 46. Notification of case information from the office | ||||||
| 16 | of the State's Attorney.
The office of the State's Attorney | ||||||
| 17 | shall provide the Illinois Department of State Police | ||||||
| 18 | Registration Unit all relevant case information that | ||||||
| 19 | determines a registrant's place on the registry, including, but | ||||||
| 20 | not limited to, the date of the offense, the name of the | ||||||
| 21 | offender, the date of birth of the offender, the nature of the | ||||||
| 22 | crime, and the date of birth of the victim in order to | ||||||
| 23 | facilitate proper registry placement and to prevent the | ||||||
| 24 | necessity for future Requests for Review of a registrant's | ||||||
| 25 | information.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-946, eff. 1-1-19.)
| ||||||
| 2 | (730 ILCS 154/50)
| ||||||
| 3 | Sec. 50. Verification requirements. | ||||||
| 4 | (a) The agency having
jurisdiction
shall verify the
address | ||||||
| 5 | of violent offenders against youth required to register with | ||||||
| 6 | their
agency at least once per year. The verification must be | ||||||
| 7 | documented in
LEADS in the form and manner required by the | ||||||
| 8 | Illinois Department of State Police. | ||||||
| 9 | (b) The supervising officer or aftercare specialist, | ||||||
| 10 | shall, within 15 days of sentencing to probation or release | ||||||
| 11 | from an Illinois Department of Corrections facility or other | ||||||
| 12 | penal institution, contact the law enforcement agency in the | ||||||
| 13 | jurisdiction which the violent offender against youth | ||||||
| 14 | designated as his or her intended residence and verify | ||||||
| 15 | compliance with the requirements of this Act. Revocation | ||||||
| 16 | proceedings shall be immediately commenced against a violent | ||||||
| 17 | offender against youth on probation, parole, aftercare | ||||||
| 18 | release, or mandatory supervised release who fails to comply | ||||||
| 19 | with the requirements of this Act.
| ||||||
| 20 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
| 21 | (730 ILCS 154/85) | ||||||
| 22 | Sec. 85. Murderer and Violent Offender Against Youth | ||||||
| 23 | Database. | ||||||
| 24 | (a) The Illinois Department of State Police
shall establish | ||||||
| |||||||
| |||||||
| 1 | and maintain a Statewide Murderer and Violent Offender Against | ||||||
| 2 | Youth Database for
the
purpose of identifying violent offenders | ||||||
| 3 | against youth and making that information
available to the | ||||||
| 4 | persons specified in Section 95. The
Database shall be created | ||||||
| 5 | from the Law Enforcement Agencies Data System (LEADS)
| ||||||
| 6 | established under Section 6 of the Intergovernmental Missing | ||||||
| 7 | Child Recovery Act
of 1984. The Illinois Department of State | ||||||
| 8 | Police shall examine its LEADS database for
persons registered | ||||||
| 9 | as violent offenders against youth under this Act and
shall | ||||||
| 10 | identify those who are violent offenders against youth and | ||||||
| 11 | shall add all the
information, including photographs if | ||||||
| 12 | available, on those violent offenders against youth to
the | ||||||
| 13 | Statewide Murderer and Violent Offender Against Youth
| ||||||
| 14 | Database. | ||||||
| 15 | (b) The Illinois Department of State Police must make the | ||||||
| 16 | information contained in
the
Statewide Murderer and Violent | ||||||
| 17 | Offender Against Youth Database accessible on the Internet by | ||||||
| 18 | means of a
hyperlink
labeled "Murderer and Violent Offender | ||||||
| 19 | Against Youth Information" on the Department's World Wide Web | ||||||
| 20 | home
page. The Illinois Department of State Police must update | ||||||
| 21 | that information as it deems
necessary. | ||||||
| 22 | The Illinois Department of State Police may require that a | ||||||
| 23 | person who seeks access to
the violent offender against youth
| ||||||
| 24 | information submit biographical information about himself or
| ||||||
| 25 | herself before
permitting access to the violent offender | ||||||
| 26 | against youth information. The Illinois Department of State | ||||||
| |||||||
| |||||||
| 1 | Police must promulgate rules
in accordance with the Illinois | ||||||
| 2 | Administrative Procedure
Act to implement this
subsection
(b)
| ||||||
| 3 | and those rules must include procedures to ensure that the | ||||||
| 4 | information in the
database is accurate. | ||||||
| 5 | (c) The Illinois Department of State Police must develop | ||||||
| 6 | and conduct training to educate all those entities involved in | ||||||
| 7 | the Murderer and Violent Offender Against Youth Registration | ||||||
| 8 | Program.
| ||||||
| 9 | (d) The Illinois Department of State Police shall commence | ||||||
| 10 | the duties prescribed in the Murderer and Violent Offender | ||||||
| 11 | Against Youth Registration Act within 12 months after the | ||||||
| 12 | effective date of this Act.
| ||||||
| 13 | (e) The Illinois Department of State Police shall collect | ||||||
| 14 | and annually report, on or before December 31 of each year, the | ||||||
| 15 | following information, making it publicly accessible on the | ||||||
| 16 | Illinois Department of State Police website: | ||||||
| 17 | (1) the number of registrants; | ||||||
| 18 | (2) the number of registrants currently registered for | ||||||
| 19 | each offense requiring registration; and | ||||||
| 20 | (3) biographical data, such as age of the registrant, | ||||||
| 21 | race of the registrant, and age of the victim. | ||||||
| 22 | (Source: P.A. 100-946, eff. 1-1-19.)
| ||||||
| 23 | (730 ILCS 154/90)
| ||||||
| 24 | Sec. 90. List of violent offenders against youth; list of | ||||||
| 25 | facilities, schools, and institutions of higher education. The | ||||||
| |||||||
| |||||||
| 1 | Illinois Department of State Police shall promulgate rules to
| ||||||
| 2 | develop a list of violent offenders against youth covered by | ||||||
| 3 | this Act and a list of
child
care facilities, schools, and | ||||||
| 4 | institutions of higher education
eligible to receive notice | ||||||
| 5 | under this Act, so
that
the list can be disseminated in a | ||||||
| 6 | timely manner to law enforcement agencies
having jurisdiction.
| ||||||
| 7 | (Source: P.A. 94-945, eff. 6-27-06.)
| ||||||
| 8 | (730 ILCS 154/95)
| ||||||
| 9 | Sec. 95. Community notification of violent offenders | ||||||
| 10 | against youth. | ||||||
| 11 | (a) The sheriff of the county, except Cook County, shall | ||||||
| 12 | disclose to the
following the name, address, date of birth, | ||||||
| 13 | place of employment, school
attended, and offense
or | ||||||
| 14 | adjudication of all violent offenders against youth required to | ||||||
| 15 | register under Section 10 of
this Act:
| ||||||
| 16 | (1) The boards of institutions of higher education or | ||||||
| 17 | other appropriate
administrative offices of each | ||||||
| 18 | non-public institution of higher education
located in the | ||||||
| 19 | county where the violent offender against youth is required | ||||||
| 20 | to register, resides,
is employed, or is attending an | ||||||
| 21 | institution of higher education; and
| ||||||
| 22 | (2) School boards of public school districts and the | ||||||
| 23 | principal or other
appropriate administrative officer of | ||||||
| 24 | each nonpublic school located in the
county where the | ||||||
| 25 | violent offender against youth is required to register or | ||||||
| |||||||
| |||||||
| 1 | is employed; and
| ||||||
| 2 | (3) Child care facilities located in the county
where | ||||||
| 3 | the violent offender against youth is required to register | ||||||
| 4 | or is employed; and | ||||||
| 5 | (4) Libraries located in the
county where the violent | ||||||
| 6 | offender against youth is required to register or is | ||||||
| 7 | employed. | ||||||
| 8 | (a-2) The sheriff of Cook County shall disclose to the | ||||||
| 9 | following the name,
address, date of birth, place of | ||||||
| 10 | employment, school attended, and offense
or
adjudication of
all | ||||||
| 11 | violent offenders against youth required to register under | ||||||
| 12 | Section 10 of this Act:
| ||||||
| 13 | (1) School boards of public school districts and the | ||||||
| 14 | principal or other
appropriate administrative officer of | ||||||
| 15 | each nonpublic school located within the
region of Cook | ||||||
| 16 | County, as those public school districts and nonpublic | ||||||
| 17 | schools
are identified in LEADS, other than the City of | ||||||
| 18 | Chicago, where the violent offender against youth
is | ||||||
| 19 | required to register or is employed; and
| ||||||
| 20 | (2) Child care facilities located within the region of | ||||||
| 21 | Cook
County, as those child care facilities are identified | ||||||
| 22 | in LEADS, other than
the City of Chicago, where the violent | ||||||
| 23 | offender against youth is required to register or is
| ||||||
| 24 | employed; and
| ||||||
| 25 | (3) The boards of institutions of higher education or | ||||||
| 26 | other appropriate
administrative offices of each | ||||||
| |||||||
| |||||||
| 1 | non-public institution of higher education
located in the | ||||||
| 2 | county, other than the City of Chicago, where the violent | ||||||
| 3 | offender against youth
is required to register, resides, is | ||||||
| 4 | employed, or attending an institution
of
higher
education; | ||||||
| 5 | and | ||||||
| 6 | (4) Libraries
located in the county, other than the | ||||||
| 7 | City of Chicago, where the violent offender against youth
| ||||||
| 8 | is required to register, resides, is employed, or is | ||||||
| 9 | attending an institution
of
higher
education. | ||||||
| 10 | (a-3) The Chicago Police Department shall disclose to the | ||||||
| 11 | following the
name, address, date of birth, place of | ||||||
| 12 | employment, school attended, and
offense
or adjudication
of all | ||||||
| 13 | violent offenders against youth required to register under | ||||||
| 14 | Section 10 of this Act:
| ||||||
| 15 | (1) School boards of public school districts and the | ||||||
| 16 | principal or other
appropriate administrative officer of | ||||||
| 17 | each nonpublic school located in the
police district where | ||||||
| 18 | the violent offender against youth is required to register | ||||||
| 19 | or is
employed if the offender is required to register or | ||||||
| 20 | is employed in the
City of Chicago; and
| ||||||
| 21 | (2) Child care facilities located in the police | ||||||
| 22 | district where the
violent offender against youth is | ||||||
| 23 | required to register or is employed if the offender is
| ||||||
| 24 | required to register or is employed in the City of Chicago; | ||||||
| 25 | and
| ||||||
| 26 | (3) The boards of institutions of higher education or | ||||||
| |||||||
| |||||||
| 1 | other appropriate
administrative offices of each | ||||||
| 2 | non-public institution of higher education
located in the | ||||||
| 3 | police district where the violent offender against youth is | ||||||
| 4 | required to register,
resides, is employed, or attending an | ||||||
| 5 | institution of higher education in the
City of
Chicago; and | ||||||
| 6 | (4) Libraries located in the police district where the
| ||||||
| 7 | violent offender against youth is required to register or | ||||||
| 8 | is employed if the offender is
required to register or is | ||||||
| 9 | employed in the City of Chicago. | ||||||
| 10 | (a-4) The Illinois Department of State Police shall provide | ||||||
| 11 | a list of violent offenders against youth
required to register | ||||||
| 12 | to the Illinois Department of Children and Family
Services. | ||||||
| 13 | (b) The Illinois Department of State Police and any law | ||||||
| 14 | enforcement agency may
disclose, in the Department's or | ||||||
| 15 | agency's discretion, the following information
to any person | ||||||
| 16 | likely to encounter a violent offender against youth:
| ||||||
| 17 | (1) The offender's name, address, and date of birth.
| ||||||
| 18 | (2) The offense for which the offender was convicted.
| ||||||
| 19 | (3) The offender's photograph or other such | ||||||
| 20 | information that will help
identify the violent offender | ||||||
| 21 | against youth.
| ||||||
| 22 | (4) Offender employment information, to protect public | ||||||
| 23 | safety. | ||||||
| 24 | (c) The name, address, date of birth, and offense or | ||||||
| 25 | adjudication for violent offenders against youth required to | ||||||
| 26 | register under Section 10 of this
Act shall be open to | ||||||
| |||||||
| |||||||
| 1 | inspection by the public as provided in this Section.
Every | ||||||
| 2 | municipal police department shall make available at its | ||||||
| 3 | headquarters
the information on all violent offenders against | ||||||
| 4 | youth who are required to register in the
municipality under | ||||||
| 5 | this Act. The sheriff shall
also make available at his or her | ||||||
| 6 | headquarters the information on all violent offenders against | ||||||
| 7 | youth who are required to register under this Act and who live | ||||||
| 8 | in
unincorporated areas of the county. Violent offender against | ||||||
| 9 | youth information must be made
available for public inspection | ||||||
| 10 | to any person, no later than 72 hours or 3
business days from | ||||||
| 11 | the date of the request.
The request must be made in person, in | ||||||
| 12 | writing, or by telephone.
Availability must include giving the | ||||||
| 13 | inquirer access to a
facility where the information may be | ||||||
| 14 | copied. A department or sheriff
may charge a fee, but the fee | ||||||
| 15 | may not exceed the actual costs of
copying the information. An | ||||||
| 16 | inquirer must be allowed to copy this information
in his or her | ||||||
| 17 | own handwriting. A department or sheriff must allow access to
| ||||||
| 18 | the information during normal public working hours.
The sheriff | ||||||
| 19 | or a municipal police department may publish the
photographs of | ||||||
| 20 | violent offenders against youth where any victim was 13 years | ||||||
| 21 | of age or younger
and who are required to register in the | ||||||
| 22 | municipality or county under this Act in a newspaper or | ||||||
| 23 | magazine of general circulation in
the municipality or county | ||||||
| 24 | or may disseminate the photographs of those violent offenders | ||||||
| 25 | against youth on the Internet or on television. The law | ||||||
| 26 | enforcement agency may
make available the information on all | ||||||
| |||||||
| |||||||
| 1 | violent offenders against youth residing within any county. | ||||||
| 2 | (d) The Illinois Department of State Police and any law | ||||||
| 3 | enforcement agency having
jurisdiction may, in the | ||||||
| 4 | Department's or agency's discretion, place the
information | ||||||
| 5 | specified in subsection (b) on the Internet or in
other media.
| ||||||
| 6 | (Source: P.A. 94-945, eff. 6-27-06; 95-278, eff. 8-17-07.)
| ||||||
| 7 | (730 ILCS 154/100)
| ||||||
| 8 | Sec. 100. Notification regarding juvenile offenders. | ||||||
| 9 | (a) The Illinois Department of State Police and any law | ||||||
| 10 | enforcement agency having
jurisdiction may, in the | ||||||
| 11 | Department's or agency's discretion, only provide
the
| ||||||
| 12 | information specified in subsection (b) of Section 95, with | ||||||
| 13 | respect to an adjudicated
juvenile delinquent, to any person | ||||||
| 14 | when that person's safety may be compromised
for some
reason | ||||||
| 15 | related to the juvenile violent offender against youth. | ||||||
| 16 | (b) The local law enforcement agency having jurisdiction to | ||||||
| 17 | register the juvenile violent offender against youth shall | ||||||
| 18 | ascertain from the juvenile violent offender against youth | ||||||
| 19 | whether the juvenile violent offender against youth is enrolled | ||||||
| 20 | in school; and if so, shall provide a copy of the violent | ||||||
| 21 | offender against youth registration form only to the principal | ||||||
| 22 | or chief administrative officer of the school and any guidance | ||||||
| 23 | counselor designated by him or her. The registration form shall | ||||||
| 24 | be kept separately from any and all school records maintained | ||||||
| 25 | on behalf of the juvenile violent offender against youth.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 94-945, eff. 6-27-06.)
| ||||||
| 2 | Section 1085. The Methamphetamine Manufacturer Registry | ||||||
| 3 | Act is amended by changing Sections 10 and 15 as follows:
| ||||||
| 4 | (730 ILCS 180/10)
| ||||||
| 5 | Sec. 10. Methamphetamine Manufacturer Database. | ||||||
| 6 | (a) The Illinois Department of State Police shall establish | ||||||
| 7 | and maintain a Methamphetamine Manufacturer Database for the | ||||||
| 8 | purpose of identifying methamphetamine manufacturers and | ||||||
| 9 | making that information available to law enforcement and the | ||||||
| 10 | general public. For every person convicted of a violation of | ||||||
| 11 | Section 15 of the Methamphetamine Control and Community | ||||||
| 12 | Protection Act on or after the effective date of this Act, the | ||||||
| 13 | methamphetamine manufacturer database shall contain | ||||||
| 14 | information relating to each methamphetamine manufacturer. The | ||||||
| 15 | information shall include the methamphetamine manufacturer's | ||||||
| 16 | name, date of birth, offense or offenses requiring inclusion in | ||||||
| 17 | the Methamphetamine Manufacturer Database, the conviction date | ||||||
| 18 | and county of each such offense, and such other identifying | ||||||
| 19 | information as the Illinois Department of State Police deems | ||||||
| 20 | necessary to identify the methamphetamine manufacturer, but | ||||||
| 21 | shall not include the social security number of the | ||||||
| 22 | methamphetamine manufacturer. | ||||||
| 23 | (b) The Illinois Department of State Police must make the | ||||||
| 24 | information contained in the Statewide Methamphetamine | ||||||
| |||||||
| |||||||
| 1 | Manufacturer Database accessible on the Internet by means of a | ||||||
| 2 | hyperlink labeled "Methamphetamine Manufacturer Information" | ||||||
| 3 | on the Department's World Wide Web home page. The Illinois | ||||||
| 4 | Department of State Police must update that information as it | ||||||
| 5 | deems necessary. | ||||||
| 6 | (c) The Illinois Department of State Police must promulgate | ||||||
| 7 | rules in accordance with the Illinois Administrative Procedure | ||||||
| 8 | Act to implement this Section and those rules must include | ||||||
| 9 | procedures to ensure that the information in the database is | ||||||
| 10 | accurate, and that the information in the database reflects any | ||||||
| 11 | changes based on the reversal of a conviction for an offense | ||||||
| 12 | requiring inclusion in the Methamphetamine Manufacturer | ||||||
| 13 | Database, or a court order requiring the sealing or expungement | ||||||
| 14 | of records relating to the offense. A certified copy of such an | ||||||
| 15 | order shall be deemed prima facie true and correct and, shall | ||||||
| 16 | be sufficient to require the immediate amendment or removal of | ||||||
| 17 | any person's information from the Methamphetamine Manufacturer | ||||||
| 18 | Database by the Illinois Department of State Police.
| ||||||
| 19 | (Source: P.A. 94-831, eff. 6-5-06.)
| ||||||
| 20 | (730 ILCS 180/15)
| ||||||
| 21 | Sec. 15. Conviction Information. | ||||||
| 22 | (a) Within 60 days after the effective date of this Act, | ||||||
| 23 | each circuit clerk shall forward monthly to the Illinois | ||||||
| 24 | Department of State Police a copy of the judgment for each and | ||||||
| 25 | all persons convicted of an offense within the definition of | ||||||
| |||||||
| |||||||
| 1 | methamphetamine manufacturer, as defined in Section 5 of this | ||||||
| 2 | Act, during the previous month. | ||||||
| 3 | (b) Within 120 days after the effective date of this Act, | ||||||
| 4 | the Director of Corrections shall forward to the Illinois | ||||||
| 5 | Department of State Police a list of all persons incarcerated | ||||||
| 6 | or on mandatory supervised release, who have been convicted of | ||||||
| 7 | an offense within the definition of methamphetamine | ||||||
| 8 | manufacturer, as defined in Section 5 of this Act.
| ||||||
| 9 | (Source: P.A. 94-831, eff. 6-5-06.)
| ||||||
| 10 | Section 1090. The Department of Juvenile Justice Mortality | ||||||
| 11 | Review Team Act is amended by changing Section 15 as follows:
| ||||||
| 12 | (730 ILCS 195/15)
| ||||||
| 13 | Sec. 15. Mortality review teams; establishment. | ||||||
| 14 | (a) Upon the occurrence of the death of any youth in the | ||||||
| 15 | Department's custody, the Director shall appoint members and a | ||||||
| 16 | chairperson to a mortality review team. The Director shall make | ||||||
| 17 | the appointments within 30 days after the youth's death. | ||||||
| 18 | (b) Each mortality review team shall consist of at least | ||||||
| 19 | one member from each of the following categories:
| ||||||
| 20 | (1) Pediatrician or other physician. | ||||||
| 21 | (2) Representative of the Department. | ||||||
| 22 | (3) State's Attorney or State's Attorney | ||||||
| 23 | representative. | ||||||
| 24 | (4) Representative of a local law enforcement agency. | ||||||
| |||||||
| |||||||
| 1 | (5) Psychologist or psychiatrist. | ||||||
| 2 | (6) Representative of a local health department. | ||||||
| 3 | (7) Designee of the Board of Education of the | ||||||
| 4 | Department of Juvenile Justice School District created | ||||||
| 5 | under Section 13-40 of the School Code. | ||||||
| 6 | (8) Coroner or forensic pathologist. | ||||||
| 7 | (9) Representative of a juvenile justice advocacy | ||||||
| 8 | organization. | ||||||
| 9 | (10) Representative of a local hospital, trauma | ||||||
| 10 | center, or provider of emergency medical services. | ||||||
| 11 | (11) Representative of the Illinois Department of | ||||||
| 12 | State Police. | ||||||
| 13 | (12) Representative of the Office of the Governor's | ||||||
| 14 | Executive Inspector General. | ||||||
| 15 | A mortality review team may make recommendations to the | ||||||
| 16 | Director concerning additional appointments.
| ||||||
| 17 | (c) Each mortality review team member must have | ||||||
| 18 | demonstrated experience or an interest in the welfare of youth | ||||||
| 19 | in State custody.
| ||||||
| 20 | (d) The mortality review teams shall be funded in the | ||||||
| 21 | Department's annual budget to provide for the travel expenses | ||||||
| 22 | of team members and professional services engaged by the team.
| ||||||
| 23 | (e) If a death of a youth in the Department's custody | ||||||
| 24 | occurs while a prior youth death is under review by a team | ||||||
| 25 | pursuant to this Act, the Director may request that the team | ||||||
| 26 | review the subsequent death. | ||||||
| |||||||
| |||||||
| 1 | (f) Upon the conclusion of all reporting required under | ||||||
| 2 | Sections 20, 25, and 30 with respect to a death reviewed by a | ||||||
| 3 | team, all appointments to the team shall expire.
| ||||||
| 4 | (Source: P.A. 96-1378, eff. 7-29-10.)
| ||||||
| 5 | Section 1095. The Code of Civil Procedure is amended by | ||||||
| 6 | changing Sections 2-202, 2-702, 21-101, 21-102, 21-102.5, and | ||||||
| 7 | 21-103 as follows:
| ||||||
| 8 | (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
| ||||||
| 9 | Sec. 2-202. Persons authorized to serve process; place of
| ||||||
| 10 | service; failure to make return. | ||||||
| 11 | (a) Process shall be served by a
sheriff, or if the sheriff | ||||||
| 12 | is disqualified, by a coroner of some county of the
State. In | ||||||
| 13 | matters where the county or State is an interested party, | ||||||
| 14 | process may be served by a special investigator appointed by | ||||||
| 15 | the State's Attorney of the county, as defined in Section | ||||||
| 16 | 3-9005 of the Counties Code. A sheriff of a county with a | ||||||
| 17 | population of less than 2,000,000
may employ civilian personnel | ||||||
| 18 | to serve process. In
counties with a population of less than | ||||||
| 19 | 2,000,000, process may
be served, without special appointment, | ||||||
| 20 | by a person who is licensed or
registered as a private | ||||||
| 21 | detective under the Private Detective, Private
Alarm, Private
| ||||||
| 22 | Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a | ||||||
| 23 | registered
employee of a private detective
agency certified | ||||||
| 24 | under that Act as defined in Section (a-5). A private detective | ||||||
| |||||||
| |||||||
| 1 | or licensed
employee must supply the sheriff of any county in | ||||||
| 2 | which he serves process
with a copy of his license or | ||||||
| 3 | certificate; however, the failure of a person
to supply the | ||||||
| 4 | copy shall not in any way impair the validity of process
served | ||||||
| 5 | by the person. The court may, in its discretion upon motion, | ||||||
| 6 | order
service to be made by a private person over 18 years of | ||||||
| 7 | age and not a party
to the action.
It is not necessary that | ||||||
| 8 | service be made by a sheriff or
coroner of the county in which | ||||||
| 9 | service is made. If served or sought to be
served by a sheriff | ||||||
| 10 | or coroner, he or she shall endorse his or her return
thereon, | ||||||
| 11 | and if by a private person the return shall be by affidavit.
| ||||||
| 12 | (a-5) Upon motion and in its discretion, the court may | ||||||
| 13 | appoint as a
special process
server a
private detective agency | ||||||
| 14 | certified under the Private Detective, Private Alarm,
Private
| ||||||
| 15 | Security, Fingerprint Vendor, and Locksmith Act of 2004. Under | ||||||
| 16 | the appointment,
any employee of
the
private detective agency | ||||||
| 17 | who is registered under that Act may serve the
process. The
| ||||||
| 18 | motion and the order of appointment must contain the number of | ||||||
| 19 | the certificate
issued to
the private detective agency by the | ||||||
| 20 | Department of Professional Regulation under
the
Private | ||||||
| 21 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
| 22 | Vendor, and Locksmith Act of
2004. A private detective or | ||||||
| 23 | private detective agency shall send, one time only, a copy of | ||||||
| 24 | his, her, or its individual private detective license or | ||||||
| 25 | private detective agency certificate to the county sheriff in | ||||||
| 26 | each county in which the detective or detective agency or his, | ||||||
| |||||||
| |||||||
| 1 | her, or its employees serve process, regardless of the size of | ||||||
| 2 | the population of the county. As long as the license or | ||||||
| 3 | certificate is valid and meets the requirements of the | ||||||
| 4 | Department of Financial and Professional Regulation, a new copy | ||||||
| 5 | of the current license or certificate need not be sent to the | ||||||
| 6 | sheriff. A private detective agency shall maintain a list of | ||||||
| 7 | its registered employees. Registered employees shall consist | ||||||
| 8 | of: | ||||||
| 9 | (1) an employee who works for the agency holding a | ||||||
| 10 | valid Permanent Employee Registration Card;
| ||||||
| 11 | (2) a person who has applied for a Permanent Employee | ||||||
| 12 | Registration Card, has had his or her fingerprints | ||||||
| 13 | processed and cleared by the Illinois Department of State | ||||||
| 14 | Police and the FBI, and as to whom the Department of | ||||||
| 15 | Financial and Professional Regulation website shows that | ||||||
| 16 | the person's application for a Permanent Employee | ||||||
| 17 | Registration Card is pending; | ||||||
| 18 | (3) a person employed by a private detective agency who | ||||||
| 19 | is exempt from a Permanent Employee Registration Card | ||||||
| 20 | requirement because the person is a current peace officer; | ||||||
| 21 | and | ||||||
| 22 | (4) a private detective who works for a private | ||||||
| 23 | detective agency as an employee.
| ||||||
| 24 | A detective agency shall maintain this list and forward it to | ||||||
| 25 | any sheriff's department that requests this list within 5 | ||||||
| 26 | business days after the receipt of the request. | ||||||
| |||||||
| |||||||
| 1 | (b) Summons may be served upon the defendants wherever they | ||||||
| 2 | may be
found in the State, by any person authorized to serve | ||||||
| 3 | process. An officer
may serve summons in his or her official | ||||||
| 4 | capacity outside his or her county,
but fees for mileage | ||||||
| 5 | outside the county of the officer cannot be taxed
as costs. The | ||||||
| 6 | person serving the process in a foreign county may make
return | ||||||
| 7 | by mail.
| ||||||
| 8 | (c) If any sheriff, coroner, or other person to whom any | ||||||
| 9 | process is
delivered, neglects or refuses to make return of the | ||||||
| 10 | same, the plaintiff
may petition the court to enter a rule | ||||||
| 11 | requiring the sheriff, coroner,
or other person, to make return | ||||||
| 12 | of the process on a day to be fixed by
the court, or to show | ||||||
| 13 | cause on that day why that person should not be attached
for | ||||||
| 14 | contempt of the court. The plaintiff shall then cause a written
| ||||||
| 15 | notice of the rule to be served on the sheriff, coroner, or | ||||||
| 16 | other
person. If good and sufficient cause be not shown to | ||||||
| 17 | excuse the officer
or other person, the court shall adjudge him | ||||||
| 18 | or her guilty of a contempt, and
shall impose punishment as in | ||||||
| 19 | other cases of contempt.
| ||||||
| 20 | (d) If process is served by a sheriff, coroner, or special | ||||||
| 21 | investigator appointed by the State's Attorney, the court may | ||||||
| 22 | tax
the fee of the sheriff, coroner, or State's Attorney's | ||||||
| 23 | special investigator as costs in the proceeding. If process
is | ||||||
| 24 | served by a private person or entity, the court may establish a | ||||||
| 25 | fee
therefor and tax such fee as costs in the proceedings.
| ||||||
| 26 | (e) In addition to the powers stated in Section 8.1a of the | ||||||
| |||||||
| |||||||
| 1 | Housing
Authorities Act, in counties with a population of | ||||||
| 2 | 3,000,000 or more
inhabitants,
members of a housing authority | ||||||
| 3 | police force may serve process for eviction actions commenced | ||||||
| 4 | by that housing authority and may execute eviction
orders for | ||||||
| 5 | that housing authority.
| ||||||
| 6 | (f) In counties with a population of 3,000,000 or more, | ||||||
| 7 | process may be
served, with special appointment by the court,
| ||||||
| 8 | by a private process server or
a law enforcement agency other | ||||||
| 9 | than the county sheriff
in proceedings instituted under Article | ||||||
| 10 | IX of this Code as a result of a lessor or
lessor's assignee | ||||||
| 11 | declaring a lease void pursuant to Section 11 of the
Controlled | ||||||
| 12 | Substance and Cannabis Nuisance Act.
| ||||||
| 13 | (Source: P.A. 99-169, eff. 7-28-15; 100-173, eff. 1-1-18.)
| ||||||
| 14 | (735 ILCS 5/2-702) | ||||||
| 15 | Sec. 2-702. Petition for a certificate of innocence that | ||||||
| 16 | the petitioner was innocent of all offenses for which he or she | ||||||
| 17 | was incarcerated. | ||||||
| 18 | (a) The General Assembly finds and declares that innocent | ||||||
| 19 | persons who have been wrongly convicted of crimes in Illinois | ||||||
| 20 | and subsequently imprisoned have been frustrated in seeking | ||||||
| 21 | legal redress due to a variety of substantive and technical | ||||||
| 22 | obstacles in the law and that such persons should have an | ||||||
| 23 | available avenue to obtain a finding of innocence so that they | ||||||
| 24 | may obtain relief through a petition in the Court of Claims. | ||||||
| 25 | The General Assembly further finds misleading the current legal | ||||||
| |||||||
| |||||||
| 1 | nomenclature which compels an innocent person to seek a pardon | ||||||
| 2 | for being wrongfully incarcerated. It is the intent of the | ||||||
| 3 | General Assembly that the court, in exercising its discretion | ||||||
| 4 | as permitted by law regarding the weight and admissibility of | ||||||
| 5 | evidence submitted pursuant to this Section, shall, in the | ||||||
| 6 | interest of justice, give due consideration to difficulties of | ||||||
| 7 | proof caused by the passage of time, the death or | ||||||
| 8 | unavailability of witnesses, the destruction of evidence or | ||||||
| 9 | other factors not caused by such persons or those acting on | ||||||
| 10 | their behalf. | ||||||
| 11 | (b) Any person convicted and subsequently imprisoned for | ||||||
| 12 | one or more felonies by the State of Illinois which he or she | ||||||
| 13 | did not commit may, under the conditions hereinafter provided, | ||||||
| 14 | file a petition for certificate of innocence in the circuit | ||||||
| 15 | court of the county in which the person was convicted. The | ||||||
| 16 | petition shall request a certificate of innocence finding that | ||||||
| 17 | the petitioner was innocent of all offenses for which he or she | ||||||
| 18 | was incarcerated. | ||||||
| 19 | (c) In order to present the claim for certificate of | ||||||
| 20 | innocence of an unjust conviction and imprisonment, the | ||||||
| 21 | petitioner must attach to his or her petition documentation | ||||||
| 22 | demonstrating that: | ||||||
| 23 | (1) he or she has been convicted of one or more | ||||||
| 24 | felonies by the State of Illinois and subsequently | ||||||
| 25 | sentenced to a term of imprisonment, and has served all or | ||||||
| 26 | any part of the sentence; and | ||||||
| |||||||
| |||||||
| 1 | (2) his or her judgment of conviction was reversed or | ||||||
| 2 | vacated, and the indictment or information dismissed or, if | ||||||
| 3 | a new trial was ordered, either he or she was found not | ||||||
| 4 | guilty at the new trial or he or she was not retried and | ||||||
| 5 | the indictment or information dismissed; or the statute, or | ||||||
| 6 | application thereof, on which the indictment or | ||||||
| 7 | information was based violated the Constitution of the | ||||||
| 8 | United States or the State of Illinois; and | ||||||
| 9 | (3) his or her claim is not time barred by the | ||||||
| 10 | provisions of subsection (i) of this Section. | ||||||
| 11 | (d) The petition shall state facts in sufficient detail to | ||||||
| 12 | permit the court to find that the petitioner is likely to | ||||||
| 13 | succeed at trial in proving that the petitioner is innocent of | ||||||
| 14 | the offenses charged in the indictment or information or his or | ||||||
| 15 | her acts or omissions charged in the indictment or information | ||||||
| 16 | did not constitute a felony or misdemeanor against the State of | ||||||
| 17 | Illinois, and the petitioner did not by his or her own conduct | ||||||
| 18 | voluntarily cause or bring about his or her conviction. The | ||||||
| 19 | petition shall be verified by the petitioner. | ||||||
| 20 | (e) A copy of the petition shall be served on the Attorney | ||||||
| 21 | General and the State's Attorney of the county where the | ||||||
| 22 | conviction was had. The Attorney General and the State's | ||||||
| 23 | Attorney of the county where the conviction was had shall have | ||||||
| 24 | the right to intervene as parties. | ||||||
| 25 | (f) In any hearing seeking a certificate of innocence, the | ||||||
| 26 | court may take judicial notice of prior sworn testimony or | ||||||
| |||||||
| |||||||
| 1 | evidence admitted in the criminal proceedings related to the | ||||||
| 2 | convictions which resulted in the alleged wrongful | ||||||
| 3 | incarceration, if the petitioner was either represented by | ||||||
| 4 | counsel at such prior proceedings or the right to counsel was | ||||||
| 5 | knowingly waived. | ||||||
| 6 | (g) In order to obtain a certificate of innocence the | ||||||
| 7 | petitioner must prove by a preponderance of evidence that: | ||||||
| 8 | (1) the petitioner was convicted of one or more | ||||||
| 9 | felonies by the State of Illinois and subsequently | ||||||
| 10 | sentenced to a term of imprisonment, and has served all or | ||||||
| 11 | any part of the sentence; | ||||||
| 12 | (2)(A) the judgment of conviction was reversed or | ||||||
| 13 | vacated, and the indictment or information dismissed or, if | ||||||
| 14 | a new trial was ordered, either the petitioner was found | ||||||
| 15 | not guilty at the new trial or the petitioner was not | ||||||
| 16 | retried and the indictment or information dismissed; or (B) | ||||||
| 17 | the statute, or application thereof, on which the | ||||||
| 18 | indictment or information was based violated the | ||||||
| 19 | Constitution of the United States or the State of Illinois; | ||||||
| 20 | (3) the petitioner is innocent of the offenses charged | ||||||
| 21 | in the indictment or information or his or her acts or | ||||||
| 22 | omissions charged in the indictment or information did not | ||||||
| 23 | constitute a felony or misdemeanor against the State; and | ||||||
| 24 | (4) the petitioner did not by his or her own conduct
| ||||||
| 25 | voluntarily cause or bring about his or her conviction. | ||||||
| 26 | (h) If the court finds that the petitioner is entitled to a
| ||||||
| |||||||
| |||||||
| 1 | judgment, it shall enter a certificate of innocence finding | ||||||
| 2 | that
the petitioner was innocent of all offenses for which he | ||||||
| 3 | or she was incarcerated. Upon entry of the certificate of | ||||||
| 4 | innocence or pardon from the Governor stating that such pardon | ||||||
| 5 | was issued on the ground of innocence of the crime for which he | ||||||
| 6 | or she was imprisoned, (1) the clerk of the court shall | ||||||
| 7 | transmit a copy of the certificate of innocence to the clerk of | ||||||
| 8 | the Court of Claims, together with the claimant's current | ||||||
| 9 | address; and (2) the court shall enter an order expunging the | ||||||
| 10 | record of arrest from the
official records of the
arresting | ||||||
| 11 | authority and order that the records of the clerk of the | ||||||
| 12 | circuit
court and the Illinois Department of State Police be | ||||||
| 13 | sealed until further order of the court upon good cause shown
| ||||||
| 14 | or as otherwise provided
herein, and the name of the defendant | ||||||
| 15 | obliterated from the official index
requested to be kept by the
| ||||||
| 16 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
| 17 | Act in connection
with the arrest and
conviction for the | ||||||
| 18 | offense but the order shall not affect any index issued by
the | ||||||
| 19 | circuit court clerk before the entry of the order. The court | ||||||
| 20 | shall enter the expungement order regardless of whether the | ||||||
| 21 | petitioner has prior criminal convictions. | ||||||
| 22 | All records sealed by the Illinois Department of State | ||||||
| 23 | Police may be
disseminated by the Department only as required | ||||||
| 24 | by law or to the arresting
authority, the State's Attorney, the | ||||||
| 25 | court upon a later arrest for the same or
similar offense, or | ||||||
| 26 | for the purpose of sentencing for any subsequent felony.
Upon | ||||||
| |||||||
| |||||||
| 1 | conviction for any subsequent offense, the Department of | ||||||
| 2 | Corrections shall
have access to all sealed records of the | ||||||
| 3 | Department
pertaining to that individual. | ||||||
| 4 | Upon entry of the order of expungement, the clerk of the | ||||||
| 5 | circuit court shall
promptly mail a copy of the order to the | ||||||
| 6 | person whose records were expunged and
sealed. | ||||||
| 7 | (i) Any person seeking a certificate of innocence under | ||||||
| 8 | this
Section based on the dismissal of an indictment or | ||||||
| 9 | information
or acquittal that occurred before the effective | ||||||
| 10 | date of this
amendatory Act of the 95th General Assembly shall | ||||||
| 11 | file his or
her petition within 2 years after the effective | ||||||
| 12 | date of this
amendatory Act of the 95th General Assembly. Any | ||||||
| 13 | person seeking
a certificate of innocence under this Section | ||||||
| 14 | based on the
dismissal of an indictment or information or | ||||||
| 15 | acquittal that
occurred on or after the effective date of this | ||||||
| 16 | amendatory Act
of the 95th General Assembly shall file his or | ||||||
| 17 | her petition
within 2 years after the dismissal. | ||||||
| 18 | (j) The decision to grant or deny a certificate of | ||||||
| 19 | innocence shall be binding only with respect to claims filed in | ||||||
| 20 | the Court of Claims and shall not have a res judicata effect on | ||||||
| 21 | any other proceedings.
| ||||||
| 22 | (Source: P.A. 98-133, eff. 1-1-14.)
| ||||||
| 23 | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
| ||||||
| 24 | Sec. 21-101. Proceedings; parties. | ||||||
| 25 | (a) If any person who is a resident of
this State and has | ||||||
| |||||||
| |||||||
| 1 | resided in this State for 6 months desires to change his
or her | ||||||
| 2 | name and to assume another name by which to be afterwards | ||||||
| 3 | called and
known, the person may file a petition in the circuit | ||||||
| 4 | court of the county
wherein he or she resides praying for that | ||||||
| 5 | relief. | ||||||
| 6 | (b) The
filing of a petition in accordance with this | ||||||
| 7 | Section shall be the sole and
exclusive means by which any | ||||||
| 8 | person committed under the laws of this State
to a penal | ||||||
| 9 | institution may change his or her name and assume another
name. | ||||||
| 10 | However, any person convicted of a felony in this State or any | ||||||
| 11 | other
state
who has not been pardoned may not file a
petition | ||||||
| 12 | for a name change until 10 years have passed since completion | ||||||
| 13 | and
discharge from his or her sentence. A person who has been | ||||||
| 14 | convicted of identity theft, aggravated identity theft, felony | ||||||
| 15 | or misdemeanor criminal
sexual abuse when the victim of the | ||||||
| 16 | offense at the time of its commission is
under 18 years of age, | ||||||
| 17 | felony or misdemeanor sexual exploitation of a child, felony or | ||||||
| 18 | misdemeanor
indecent solicitation of a child, or felony or | ||||||
| 19 | misdemeanor indecent solicitation of an
adult, or any other | ||||||
| 20 | offense for which a person is required to register under the | ||||||
| 21 | Sex Offender Registration Act in this State or any other state | ||||||
| 22 | who has not been pardoned shall not be permitted to file a | ||||||
| 23 | petition for a name change in the courts of Illinois. | ||||||
| 24 | (c) A petitioner may include his or her
spouse
and adult | ||||||
| 25 | unmarried children,
with their consent, and his or her minor | ||||||
| 26 | children where it appears to the
court that it is for their | ||||||
| |||||||
| |||||||
| 1 | best interest, in the petition and prayer, and
the court's | ||||||
| 2 | order shall then include the spouse and children. Whenever any
| ||||||
| 3 | minor has resided in the family of any person for the space of | ||||||
| 4 | 3 years
and has been recognized and known as an adopted child | ||||||
| 5 | in the family of
that person, the application herein provided | ||||||
| 6 | for may be made by the person
having that minor in his or her | ||||||
| 7 | family.
| ||||||
| 8 | An order shall be entered as to a minor only if the court | ||||||
| 9 | finds by
clear and convincing evidence that the change is | ||||||
| 10 | necessary to serve the
best interest of the child. In | ||||||
| 11 | determining the best interest of a minor
child under this | ||||||
| 12 | Section, the court shall consider all relevant factors,
| ||||||
| 13 | including:
| ||||||
| 14 | (1) The wishes of the child's parents and any person | ||||||
| 15 | acting as a parent
who has physical custody of the child.
| ||||||
| 16 | (2) The wishes of the child and the reasons for those | ||||||
| 17 | wishes. The
court may interview the child in chambers to | ||||||
| 18 | ascertain the child's wishes
with respect to the change of | ||||||
| 19 | name. Counsel shall be present at the
interview unless | ||||||
| 20 | otherwise agreed upon by the parties. The court shall
cause | ||||||
| 21 | a court reporter to be present who shall make a complete | ||||||
| 22 | record of
the interview instantaneously to be part of the | ||||||
| 23 | record in the case.
| ||||||
| 24 | (3) The interaction and interrelationship of the child | ||||||
| 25 | with his or her
parents or persons acting as parents who | ||||||
| 26 | have physical custody of the
child, step-parents, | ||||||
| |||||||
| |||||||
| 1 | siblings, step-siblings, or any other person who may
| ||||||
| 2 | significantly affect the child's best interest.
| ||||||
| 3 | (4) The child's adjustment to his or her home, school, | ||||||
| 4 | and community.
| ||||||
| 5 | (d) If it appears to the
court that the conditions and | ||||||
| 6 | requirements under this Article have been complied with and
| ||||||
| 7 | that there is no reason why the prayer should not be granted, | ||||||
| 8 | the court, by
an order to be entered of record, may direct and | ||||||
| 9 | provide that the name of
that person be changed in accordance | ||||||
| 10 | with the prayer in the petition. If the circuit court orders | ||||||
| 11 | that a name change be granted to a person who has been | ||||||
| 12 | adjudicated or convicted of a felony or misdemeanor offense | ||||||
| 13 | under the laws of this State or any other state for which a | ||||||
| 14 | pardon has not been granted, or has an arrest for which a | ||||||
| 15 | charge has not been filed or a pending charge on a felony or | ||||||
| 16 | misdemeanor offense, a copy of the order, including a copy of | ||||||
| 17 | each applicable access and review response, shall be forwarded | ||||||
| 18 | to the Illinois Department of State Police. The Illinois | ||||||
| 19 | Department of State Police shall update any criminal history | ||||||
| 20 | transcript or offender registration of each person 18 years of | ||||||
| 21 | age or older in the order to include the change of name as well | ||||||
| 22 | as his or her former name. | ||||||
| 23 | (Source: P.A. 100-370, eff. 1-1-18.)
| ||||||
| 24 | (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
| ||||||
| 25 | Sec. 21-102. Petition; update criminal history transcript. | ||||||
| |||||||
| |||||||
| 1 | (a) The petition shall set forth the name then held,
the | ||||||
| 2 | name sought to be assumed, the residence of the petitioner, the | ||||||
| 3 | length
of time the petitioner has resided in this State, and | ||||||
| 4 | the state or country
of the petitioner's nativity or supposed | ||||||
| 5 | nativity. The petition shall include a statement, verified | ||||||
| 6 | under oath as provided under Section 1-109 of this Code, | ||||||
| 7 | whether or not the petitioner or any other person 18 years of | ||||||
| 8 | age or older who will be subject to a change of name under the | ||||||
| 9 | petition if granted: (1) has been adjudicated or convicted of a | ||||||
| 10 | felony or misdemeanor offense under the laws of this State or | ||||||
| 11 | any other state for which a pardon has not been granted; or (2) | ||||||
| 12 | has an arrest for which a charge has not been filed or a | ||||||
| 13 | pending charge on a felony or misdemeanor offense. The petition | ||||||
| 14 | shall be
signed by the person petitioning or, in case of | ||||||
| 15 | minors, by the parent or
guardian having the legal custody of | ||||||
| 16 | the minor. The petition shall be
verified by the affidavit of | ||||||
| 17 | some credible person.
| ||||||
| 18 | (b) If the statement provided under subsection (a) of this | ||||||
| 19 | Section indicates the petitioner or any other person 18 years | ||||||
| 20 | of age or older who will be subject to a change of name under | ||||||
| 21 | the petition, if granted, has been adjudicated or convicted of | ||||||
| 22 | a felony or misdemeanor offense under the laws of this State or | ||||||
| 23 | any other state for which a pardon has not been granted, or has | ||||||
| 24 | an arrest for which a charge has not been filed or a pending | ||||||
| 25 | charge on a felony or misdemeanor offense, the State's Attorney | ||||||
| 26 | may request the court to or the court may on its own motion, | ||||||
| |||||||
| |||||||
| 1 | require the person, prior to a hearing on the petition, to | ||||||
| 2 | initiate an update of his or her criminal history transcript | ||||||
| 3 | with the Illinois Department of State Police. The Department | ||||||
| 4 | shall allow a person to use the Access and Review process, | ||||||
| 5 | established by rule in the Department, for this purpose. Upon | ||||||
| 6 | completion of the update of the criminal history transcript, | ||||||
| 7 | the petitioner shall file confirmation of each update with the | ||||||
| 8 | court, which shall seal the records from disclosure outside of | ||||||
| 9 | court proceedings on the petition. | ||||||
| 10 | (Source: P.A. 100-370, eff. 1-1-18.)
| ||||||
| 11 | (735 ILCS 5/21-102.5) | ||||||
| 12 | Sec. 21-102.5. Notice; objection. | ||||||
| 13 | (a) The circuit court clerk shall promptly
serve a copy of | ||||||
| 14 | the petition on the State's Attorney and the Illinois | ||||||
| 15 | Department of State Police. | ||||||
| 16 | (b) The State's Attorney
may file an objection to the | ||||||
| 17 | petition. All objections shall be in writing, shall be filed | ||||||
| 18 | with the circuit court clerk, and shall state with specificity | ||||||
| 19 | the basis of the objection. Objections to a petition must be | ||||||
| 20 | filed within 30 days of the date of service of the petition | ||||||
| 21 | upon the State's Attorney.
| ||||||
| 22 | (Source: P.A. 100-370, eff. 1-1-18.)
| ||||||
| 23 | (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
| ||||||
| 24 | Sec. 21-103. Notice by publication.
| ||||||
| |||||||
| |||||||
| 1 | (a) Previous notice shall be given of the intended | ||||||
| 2 | application by
publishing a notice thereof in some newspaper | ||||||
| 3 | published in the municipality
in which the person resides if | ||||||
| 4 | the municipality is in a county with a
population under | ||||||
| 5 | 2,000,000, or if the person does not reside
in a municipality | ||||||
| 6 | in a county with a population under 2,000,000,
or if no | ||||||
| 7 | newspaper is published in the municipality or if the person | ||||||
| 8 | resides
in a county with a population of 2,000,000 or more, | ||||||
| 9 | then in some newspaper
published in the county where the person | ||||||
| 10 | resides, or if no newspaper
is published in that county, then | ||||||
| 11 | in some convenient newspaper published
in this State. The | ||||||
| 12 | notice shall be inserted for 3 consecutive weeks after filing, | ||||||
| 13 | the
first insertion to be at least 6 weeks before the return | ||||||
| 14 | day upon which
the petition is to be heard, and shall be signed | ||||||
| 15 | by the petitioner or, in
case of a minor, the minor's parent or | ||||||
| 16 | guardian, and shall set
forth the return day of court on which | ||||||
| 17 | the petition is to be heard and the
name sought to be assumed.
| ||||||
| 18 | (b) The publication requirement of subsection (a) shall not | ||||||
| 19 | be
required in any application for a change of name involving a | ||||||
| 20 | minor if,
before making judgment under this Article, reasonable | ||||||
| 21 | notice and opportunity
to be heard is given to any parent whose | ||||||
| 22 | parental rights have not been
previously terminated and to any | ||||||
| 23 | person who has physical custody of the
child. If any of these | ||||||
| 24 | persons are outside this State, notice and
opportunity to be | ||||||
| 25 | heard shall be given under Section 21-104.
| ||||||
| 26 | (b-3) The publication requirement of subsection (a) shall | ||||||
| |||||||
| |||||||
| 1 | not be required in any application for a change of name | ||||||
| 2 | involving a person who has received a judgment for dissolution | ||||||
| 3 | of marriage or declaration of invalidity of marriage and wishes | ||||||
| 4 | to change his or her name to resume the use of his or her former | ||||||
| 5 | or maiden name. | ||||||
| 6 | (b-5) Upon motion, the court may issue an order directing | ||||||
| 7 | that the notice and publication requirement be waived for a | ||||||
| 8 | change of name involving a person who files with the court a | ||||||
| 9 | written declaration that the person believes that publishing | ||||||
| 10 | notice of the name change would put the person at risk of | ||||||
| 11 | physical harm or discrimination. The person must provide | ||||||
| 12 | evidence to support the claim that publishing notice of the | ||||||
| 13 | name change would put the person at risk of physical harm or | ||||||
| 14 | discrimination. | ||||||
| 15 | (c) The Director of the Illinois State Police or his or her | ||||||
| 16 | designee may apply to the
circuit court
for an order directing | ||||||
| 17 | that the notice and publication requirements of
this Section be | ||||||
| 18 | waived if the Director or his or her designee certifies that
| ||||||
| 19 | the name change being sought is intended to protect a witness | ||||||
| 20 | during and
following a criminal investigation or proceeding.
| ||||||
| 21 | (c-1) The court may enter a written order waiving the | ||||||
| 22 | publication requirement of subsection (a) if: | ||||||
| 23 | (i) the petitioner is 18 years of age or older; and | ||||||
| 24 | (ii) concurrent with the petition, the petitioner | ||||||
| 25 | files with the court a statement, verified under oath as | ||||||
| 26 | provided under Section 1-109 of this Code, attesting that | ||||||
| |||||||
| |||||||
| 1 | the petitioner is or has been a person protected under the | ||||||
| 2 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
| 3 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
| 4 | 112A of the Code of Criminal Procedure of 1963, a condition | ||||||
| 5 | of bail under subsections (b) through (d) of Section 110-10 | ||||||
| 6 | of the Code of Criminal Procedure of 1963, or a similar | ||||||
| 7 | provision of a law in another state or jurisdiction. | ||||||
| 8 | The petitioner may attach to the statement any supporting | ||||||
| 9 | documents, including relevant court orders. | ||||||
| 10 | (c-2) If the petitioner files a statement attesting that | ||||||
| 11 | disclosure of the petitioner's address would put the petitioner | ||||||
| 12 | or any member of the petitioner's family or household at risk | ||||||
| 13 | or reveal the confidential address of a shelter for domestic | ||||||
| 14 | violence victims, that address may be omitted from all | ||||||
| 15 | documents filed with the court, and the petitioner may | ||||||
| 16 | designate an alternative address for service. | ||||||
| 17 | (c-3) Court administrators may allow domestic abuse | ||||||
| 18 | advocates, rape crisis advocates, and victim advocates to | ||||||
| 19 | assist petitioners in the preparation of name changes under | ||||||
| 20 | subsection (c-1). | ||||||
| 21 | (c-4) If the publication requirements of subsection (a) | ||||||
| 22 | have been waived, the circuit court shall enter an order | ||||||
| 23 | impounding the case. | ||||||
| 24 | (d) The maximum rate charged for publication of a notice | ||||||
| 25 | under this Section may not exceed the lowest classified rate | ||||||
| 26 | paid by commercial users for comparable space in the newspaper | ||||||
| |||||||
| |||||||
| 1 | in which the notice appears and shall include all cash | ||||||
| 2 | discounts, multiple insertion discounts, and similar benefits | ||||||
| 3 | extended to the newspaper's regular customers. | ||||||
| 4 | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | ||||||
| 5 | 100-565 for the effective date of P.A. 100-520); 100-788, eff. | ||||||
| 6 | 1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203, | ||||||
| 7 | eff. 1-1-20.)
| ||||||
| 8 | Section 1100. The Stalking No Contact Order Act is amended | ||||||
| 9 | by changing Sections 80, 115, and 135 as follows:
| ||||||
| 10 | (740 ILCS 21/80)
| ||||||
| 11 | Sec. 80. Stalking no contact orders; remedies. | ||||||
| 12 | (a) If the court finds that the petitioner has been a | ||||||
| 13 | victim of stalking, a stalking no contact order shall issue; | ||||||
| 14 | provided that the petitioner must also satisfy the requirements | ||||||
| 15 | of Section 95 on emergency orders or Section 100 on plenary | ||||||
| 16 | orders. The petitioner shall not be denied a stalking no | ||||||
| 17 | contact order because the petitioner or the respondent is a | ||||||
| 18 | minor. The court, when determining whether or not to issue a | ||||||
| 19 | stalking no contact order, may not require physical injury on | ||||||
| 20 | the person of the petitioner. Modification and extension of | ||||||
| 21 | prior stalking no contact orders shall be in accordance with | ||||||
| 22 | this Act. | ||||||
| 23 | (b) A stalking no contact order shall order one or more of | ||||||
| 24 | the following: | ||||||
| |||||||
| |||||||
| 1 | (1) prohibit the respondent from threatening to commit | ||||||
| 2 | or committing stalking; | ||||||
| 3 | (2) order the respondent not to have any contact with | ||||||
| 4 | the petitioner or a third person specifically named by the | ||||||
| 5 | court; | ||||||
| 6 | (3) prohibit the respondent from knowingly coming | ||||||
| 7 | within, or knowingly remaining within a specified distance | ||||||
| 8 | of the petitioner or the petitioner's residence, school, | ||||||
| 9 | daycare, or place of employment, or any specified place | ||||||
| 10 | frequented by the petitioner; however, the court may order | ||||||
| 11 | the respondent to stay away from the respondent's own | ||||||
| 12 | residence, school, or place of employment only if the | ||||||
| 13 | respondent has been provided actual notice of the | ||||||
| 14 | opportunity to appear and be heard on the petition; | ||||||
| 15 | (4) prohibit the respondent from possessing a Firearm | ||||||
| 16 | Owners Identification Card, or possessing or buying | ||||||
| 17 | firearms; and | ||||||
| 18 | (5) order other injunctive relief the court determines | ||||||
| 19 | to be necessary to protect the petitioner or third party | ||||||
| 20 | specifically named by the court. | ||||||
| 21 | (b-5) When the petitioner and the respondent attend the | ||||||
| 22 | same public, private, or non-public elementary, middle, or high | ||||||
| 23 | school, the court when issuing a stalking no contact order and | ||||||
| 24 | providing relief shall consider the severity of the act, any | ||||||
| 25 | continuing physical danger or emotional distress to the | ||||||
| 26 | petitioner, the educational rights guaranteed to the | ||||||
| |||||||
| |||||||
| 1 | petitioner and respondent under federal and State law, the | ||||||
| 2 | availability of a transfer of the respondent to another school, | ||||||
| 3 | a change of placement or a change of program of the respondent, | ||||||
| 4 | the expense, difficulty, and educational disruption that would | ||||||
| 5 | be caused by a transfer of the respondent to another school, | ||||||
| 6 | and any other relevant facts of the case. The court may order | ||||||
| 7 | that the respondent not attend the public, private, or | ||||||
| 8 | non-public elementary, middle, or high school attended by the | ||||||
| 9 | petitioner, order that the respondent accept a change of | ||||||
| 10 | placement or program, as determined by the school district or | ||||||
| 11 | private or non-public school, or place restrictions on the | ||||||
| 12 | respondent's movements within the school attended by the | ||||||
| 13 | petitioner.
The respondent bears the burden of proving by a | ||||||
| 14 | preponderance of the evidence that a transfer, change of | ||||||
| 15 | placement, or change of program of the respondent is not | ||||||
| 16 | available. The respondent also bears the burden of production | ||||||
| 17 | with respect to the expense, difficulty, and educational | ||||||
| 18 | disruption that would be caused by a transfer of the respondent | ||||||
| 19 | to another school. A transfer, change of placement, or change | ||||||
| 20 | of program is not unavailable to the respondent solely on the | ||||||
| 21 | ground that the respondent does not agree with the school | ||||||
| 22 | district's or private or non-public school's transfer, change | ||||||
| 23 | of placement, or change of program or solely on the ground that | ||||||
| 24 | the respondent fails or refuses to consent to or otherwise does | ||||||
| 25 | not take an action required to effectuate a transfer, change of | ||||||
| 26 | placement, or change of program.
When a court orders a | ||||||
| |||||||
| |||||||
| 1 | respondent to stay away from the public, private, or non-public | ||||||
| 2 | school attended by the petitioner and the respondent requests a | ||||||
| 3 | transfer to another attendance center within the respondent's | ||||||
| 4 | school district or private or non-public school, the school | ||||||
| 5 | district or private or non-public school shall have sole | ||||||
| 6 | discretion to determine the attendance center to which the | ||||||
| 7 | respondent is transferred.
In the event the court order results | ||||||
| 8 | in a transfer of the minor respondent to another attendance | ||||||
| 9 | center, a change in the respondent's placement, or a change of | ||||||
| 10 | the respondent's program, the parents, guardian, or legal | ||||||
| 11 | custodian of the respondent is responsible for transportation | ||||||
| 12 | and other costs associated with the transfer or change. | ||||||
| 13 | (b-6) The court may order the parents, guardian, or legal | ||||||
| 14 | custodian of a minor respondent to take certain actions or to | ||||||
| 15 | refrain from taking certain actions to ensure that the | ||||||
| 16 | respondent complies with the order. In the event the court | ||||||
| 17 | orders a transfer of the respondent to another school, the | ||||||
| 18 | parents, guardian, or legal custodian of the respondent are | ||||||
| 19 | responsible for transportation and other costs associated with | ||||||
| 20 | the change of school by the respondent. | ||||||
| 21 | (b-7) The court shall not hold a school district or private | ||||||
| 22 | or non-public school or any of its employees in civil or | ||||||
| 23 | criminal contempt unless the school district or private or | ||||||
| 24 | non-public school has been allowed to intervene. | ||||||
| 25 | (b-8) The court may hold the parents, guardian, or legal | ||||||
| 26 | custodian of a minor respondent in civil or criminal contempt | ||||||
| |||||||
| |||||||
| 1 | for a violation of any provision of any order entered under | ||||||
| 2 | this Act for conduct of the minor respondent in violation of | ||||||
| 3 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
| 4 | encouraged, or assisted the respondent minor in such conduct. | ||||||
| 5 | (c) The court may award the petitioner costs and attorneys | ||||||
| 6 | fees if a stalking no contact order is granted. | ||||||
| 7 | (d) Monetary damages are not recoverable as a remedy. | ||||||
| 8 | (e) If the stalking no contact order prohibits the | ||||||
| 9 | respondent from possessing a Firearm Owner's Identification | ||||||
| 10 | Card, or possessing or buying firearms; the court shall | ||||||
| 11 | confiscate the respondent's Firearm Owner's Identification | ||||||
| 12 | Card and immediately return the card to the Illinois Department | ||||||
| 13 | of State Police Firearm Owner's Identification Card Office.
| ||||||
| 14 | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; | ||||||
| 15 | 97-1131, eff. 1-1-13.)
| ||||||
| 16 | (740 ILCS 21/115)
| ||||||
| 17 | Sec. 115. Notice of orders. | ||||||
| 18 | (a) Upon issuance of any stalking no contact order, the | ||||||
| 19 | clerk shall immediately: | ||||||
| 20 | (1) enter the order on the record and file it in | ||||||
| 21 | accordance with the circuit court procedures; and | ||||||
| 22 | (2) provide a file stamped copy of the order to the | ||||||
| 23 | respondent, if present, and to the petitioner. | ||||||
| 24 | (b) The clerk of the issuing judge shall, or the petitioner | ||||||
| 25 | may, on the same day that a stalking no contact order is | ||||||
| |||||||
| |||||||
| 1 | issued, file a certified copy of that order with the sheriff or | ||||||
| 2 | other law enforcement officials charged with maintaining | ||||||
| 3 | Illinois Department of State Police records or charged with | ||||||
| 4 | serving the order upon the respondent. If the respondent, at | ||||||
| 5 | the time of the issuance of the order, is committed to the | ||||||
| 6 | custody of the Illinois Department of Corrections or Illinois | ||||||
| 7 | Department of Juvenile Justice or is on parole, aftercare | ||||||
| 8 | release, or mandatory supervised release, the sheriff or other | ||||||
| 9 | law enforcement officials charged with maintaining Illinois | ||||||
| 10 | Department of State Police records shall notify the Department | ||||||
| 11 | of Corrections or Department of Juvenile Justice within 48 | ||||||
| 12 | hours of receipt of a copy of the stalking no contact order | ||||||
| 13 | from the clerk of the issuing judge or the petitioner. Such | ||||||
| 14 | notice shall include the name of the respondent, the | ||||||
| 15 | respondent's IDOC inmate number or IDJJ youth identification | ||||||
| 16 | number, the respondent's date of birth, and the LEADS Record | ||||||
| 17 | Index Number. | ||||||
| 18 | (c) Unless the respondent was present in court when the | ||||||
| 19 | order was issued, the sheriff, other law enforcement official, | ||||||
| 20 | or special process server shall promptly serve that order upon | ||||||
| 21 | the respondent and file proof of such service in the manner | ||||||
| 22 | provided for service of process in civil proceedings. Instead | ||||||
| 23 | of serving the order upon the respondent, however, the sheriff, | ||||||
| 24 | other law enforcement official, special process server, or | ||||||
| 25 | other persons defined in Section 117 may serve the respondent | ||||||
| 26 | with a short form notification as provided in Section 117. If | ||||||
| |||||||
| |||||||
| 1 | process has not yet been served upon the respondent, it shall | ||||||
| 2 | be served with the order or short form notification if such | ||||||
| 3 | service is made by the sheriff, other law enforcement official, | ||||||
| 4 | or special process server. | ||||||
| 5 | (d) If the person against whom the stalking no contact | ||||||
| 6 | order is issued is arrested and the written order is issued in | ||||||
| 7 | accordance with subsection (c) of Section 95 and received by | ||||||
| 8 | the custodial law enforcement agency before the respondent or | ||||||
| 9 | arrestee is released from custody, the custodial law | ||||||
| 10 | enforcement agent shall promptly serve the order upon the | ||||||
| 11 | respondent or arrestee before the respondent or arrestee is | ||||||
| 12 | released from custody. In no event shall detention of the | ||||||
| 13 | respondent or arrestee be extended for hearing on the petition | ||||||
| 14 | for stalking no contact order or receipt of the order issued | ||||||
| 15 | under Section 95 of this Act. | ||||||
| 16 | (e) Any order extending, modifying, or revoking any | ||||||
| 17 | stalking no contact order shall be promptly recorded, issued, | ||||||
| 18 | and served as provided in this Section. | ||||||
| 19 | (f) Upon the request of the petitioner, within 24 hours of | ||||||
| 20 | the issuance of a stalking no contact order, the clerk of the | ||||||
| 21 | issuing judge shall send written notice of the order along with | ||||||
| 22 | a certified copy of the order to any school, daycare, college, | ||||||
| 23 | or university at which the petitioner is enrolled.
| ||||||
| 24 | (Source: P.A. 101-508, eff. 1-1-20.)
| ||||||
| 25 | (740 ILCS 21/135)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 135. Data maintenance by law enforcement agencies. | ||||||
| 2 | (a) All sheriffs shall furnish to the Illinois Department | ||||||
| 3 | of State Police, on the same day as received, in the form and | ||||||
| 4 | detail the Department requires, copies of any recorded | ||||||
| 5 | emergency or plenary stalking no contact orders issued by the | ||||||
| 6 | court and transmitted to the sheriff by the clerk of the court | ||||||
| 7 | in accordance with subsection (b) of Section 115 of this Act. | ||||||
| 8 | Each stalking no contact order shall be entered in the Law | ||||||
| 9 | Enforcement Agencies Data System on the same day it is issued | ||||||
| 10 | by the court. If an emergency stalking no contact order was | ||||||
| 11 | issued in accordance with subsection (c) of Section 100, the | ||||||
| 12 | order shall be entered in the Law Enforcement Agencies Data | ||||||
| 13 | System as soon as possible after receipt from the clerk of the | ||||||
| 14 | court. | ||||||
| 15 | (b) The Illinois Department of State Police shall maintain | ||||||
| 16 | a complete and systematic record and index of all valid and | ||||||
| 17 | recorded stalking no contact orders issued under this Act. The | ||||||
| 18 | data shall be used to inform all dispatchers and law | ||||||
| 19 | enforcement officers at the scene of an alleged incident of | ||||||
| 20 | stalking or violation of a stalking no contact order of any | ||||||
| 21 | recorded prior incident of stalking involving the petitioner | ||||||
| 22 | and the effective dates and terms of any recorded stalking no | ||||||
| 23 | contact order.
| ||||||
| 24 | (Source: P.A. 96-246, eff. 1-1-10.)
| ||||||
| 25 | Section 1105. The Civil No Contact Order Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 218 and 302 as follows:
| ||||||
| 2 | (740 ILCS 22/218)
| ||||||
| 3 | Sec. 218. Notice of orders.
| ||||||
| 4 | (a) Upon issuance of any civil no contact order, the clerk | ||||||
| 5 | shall
immediately:
| ||||||
| 6 | (1) enter the order on the record and file it in | ||||||
| 7 | accordance with the
circuit court procedures; and
| ||||||
| 8 | (2) provide a file stamped copy of the order to the | ||||||
| 9 | respondent, if
present, and to the petitioner.
| ||||||
| 10 | (b) The clerk of the issuing judge shall, or the petitioner | ||||||
| 11 | may, on the
same day that a civil no contact order is issued, | ||||||
| 12 | file a certified copy of that
order with the sheriff or other | ||||||
| 13 | law enforcement officials charged with
maintaining Illinois | ||||||
| 14 | Department of State Police records or charged with serving the
| ||||||
| 15 | order upon the respondent. If the respondent, at the time of | ||||||
| 16 | the issuance of the order, is committed to the custody of the | ||||||
| 17 | Illinois Department of Corrections or Illinois Department of | ||||||
| 18 | Juvenile Justice, or is on parole, aftercare release, or | ||||||
| 19 | mandatory supervised release, the sheriff or other law | ||||||
| 20 | enforcement officials charged with maintaining Illinois | ||||||
| 21 | Department of State Police records shall notify the Department | ||||||
| 22 | of Corrections or Department of Juvenile Justice within 48 | ||||||
| 23 | hours of receipt of a copy of the civil no contact order from | ||||||
| 24 | the clerk of the issuing judge or the petitioner. Such notice | ||||||
| 25 | shall include the name of the respondent, the respondent's IDOC | ||||||
| |||||||
| |||||||
| 1 | inmate number or IDJJ youth identification number, the | ||||||
| 2 | respondent's date of birth, and the LEADS Record Index Number.
| ||||||
| 3 | (c) Unless the respondent was present in court when the | ||||||
| 4 | order was
issued, the sheriff, other law enforcement official, | ||||||
| 5 | or special process server
shall promptly serve that order upon | ||||||
| 6 | the respondent and file proof of such
service in the manner | ||||||
| 7 | provided for service of process in civil proceedings. Instead | ||||||
| 8 | of serving the order upon the respondent, however, the sheriff, | ||||||
| 9 | other law enforcement official, special process server, or | ||||||
| 10 | other persons defined in Section 218.1 may serve the respondent | ||||||
| 11 | with a short form notification as provided in Section 218.1. If
| ||||||
| 12 | process has not yet been served upon the respondent, it shall | ||||||
| 13 | be served with
the order or short form notification if such | ||||||
| 14 | service is made by the sheriff, other law enforcement official, | ||||||
| 15 | or special process server.
| ||||||
| 16 | (d) If the person against whom the civil no contact order | ||||||
| 17 | is issued is
arrested and the written order is issued in | ||||||
| 18 | accordance with subsection (c) of
Section 214 and received by | ||||||
| 19 | the custodial law enforcement agency before
the respondent or | ||||||
| 20 | arrestee is released from custody, the custodial law
| ||||||
| 21 | enforcement agent shall promptly serve the order upon the | ||||||
| 22 | respondent or
arrestee before the respondent or arrestee is | ||||||
| 23 | released from custody. In no
event shall detention of the | ||||||
| 24 | respondent or arrestee be extended for hearing
on the petition | ||||||
| 25 | for civil no contact order or receipt of the order issued under
| ||||||
| 26 | Section 214 of this Act.
| ||||||
| |||||||
| |||||||
| 1 | (e) Any order extending, modifying, or revoking any civil | ||||||
| 2 | no contact
order shall be promptly recorded, issued, and served | ||||||
| 3 | as provided in this
Section.
| ||||||
| 4 | (f) Upon the request of the
petitioner, within 24 hours of | ||||||
| 5 | the issuance of a civil no contact order, the
clerk of the | ||||||
| 6 | issuing judge shall
send written notice of the order along with
| ||||||
| 7 | a certified copy of the order to any school, college, or | ||||||
| 8 | university at which
the
petitioner is enrolled.
| ||||||
| 9 | (Source: P.A. 101-508, eff. 1-1-20.)
| ||||||
| 10 | (740 ILCS 22/302)
| ||||||
| 11 | Sec. 302. Data maintenance by law enforcement agencies.
| ||||||
| 12 | (a) All sheriffs shall furnish to the Illinois Department | ||||||
| 13 | of State Police,
on the same day as received, in the form and | ||||||
| 14 | detail the Department
requires, copies of any recorded | ||||||
| 15 | emergency or plenary civil no contact
orders issued by the | ||||||
| 16 | court
and transmitted to the sheriff by the
clerk of the court | ||||||
| 17 | in accordance with subsection (b) of Section 218 of this
Act. | ||||||
| 18 | Each civil no contact order shall be entered in the Law | ||||||
| 19 | Enforcement
Agencies Data System on the same day it is issued | ||||||
| 20 | by the court. If an
emergency civil no contact order was issued | ||||||
| 21 | in accordance with subsection
(c) of Section 214, the order | ||||||
| 22 | shall be entered in the Law Enforcement
Agencies Data System as | ||||||
| 23 | soon as possible after receipt from the clerk of
the court.
| ||||||
| 24 | (b) The Illinois Department of State Police shall maintain | ||||||
| 25 | a complete and
systematic record and index of all valid and | ||||||
| |||||||
| |||||||
| 1 | recorded civil no contact orders
issued under this Act. The | ||||||
| 2 | data shall be used to
inform all dispatchers and law | ||||||
| 3 | enforcement officers at the scene of an
alleged incident of | ||||||
| 4 | non-consensual sexual conduct or non-consensual sexual
| ||||||
| 5 | penetration or violation of a civil no contact order of any | ||||||
| 6 | recorded prior
incident of non-consensual sexual conduct or | ||||||
| 7 | non-consensual sexual
penetration involving the victim and the
| ||||||
| 8 | effective dates and terms of any recorded civil no contact | ||||||
| 9 | order.
| ||||||
| 10 | (Source: P.A. 93-236, eff. 1-1-04.)
| ||||||
| 11 | Section 1110. The Controlled Substance and Cannabis | ||||||
| 12 | Nuisance Act is amended by changing Sections 1, 3, and 7 as | ||||||
| 13 | follows:
| ||||||
| 14 | (740 ILCS 40/1) (from Ch. 100 1/2, par. 14)
| ||||||
| 15 | Sec. 1. As used in this Act unless the context otherwise | ||||||
| 16 | requires:
| ||||||
| 17 | "Department" means the Department of State Police
of the | ||||||
| 18 | State of Illinois.
| ||||||
| 19 | "Controlled Substances" means any substance as defined and | ||||||
| 20 | included in
the Schedules of Article II of the "Illinois | ||||||
| 21 | Controlled Substances Act,"
and cannabis as defined in the | ||||||
| 22 | "Cannabis Control Act" enacted by the 77th
General Assembly.
| ||||||
| 23 | "Place" means any store, shop, warehouse, dwelling house, | ||||||
| 24 | building,
apartment or any place whatever.
| ||||||
| |||||||
| |||||||
| 1 | "Nuisance" means any place at which or in which controlled | ||||||
| 2 | substances
are unlawfully sold, possessed, served, stored, | ||||||
| 3 | delivered,
manufactured, cultivated, given away or used more | ||||||
| 4 | than once within a period
of one year.
| ||||||
| 5 | "Person" means any corporation, association, partner, or | ||||||
| 6 | one or more
individuals.
| ||||||
| 7 | (Source: P.A. 87-765.)
| ||||||
| 8 | (740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
| ||||||
| 9 | Sec. 3. (a) The Illinois State Police Department or the | ||||||
| 10 | State's Attorney or any citizen of the
county in which a | ||||||
| 11 | nuisance exists may file a complaint in the name of the
People | ||||||
| 12 | of the State of Illinois to enjoin all persons from maintaining | ||||||
| 13 | or
permitting such nuisance, to abate the same and to enjoin | ||||||
| 14 | the use of any
such place for the period of one year.
| ||||||
| 15 | (b) Upon the filing of a complaint by the State's Attorney | ||||||
| 16 | or the Illinois State Police Department
in which the complaint | ||||||
| 17 | states that irreparable injury, loss or damage will
result to | ||||||
| 18 | the People of the State of Illinois, the court shall enter a
| ||||||
| 19 | temporary restraining order without notice enjoining the | ||||||
| 20 | maintenance of
such nuisance, upon testimony under oath, | ||||||
| 21 | affidavit, or verified complaint
containing facts sufficient, | ||||||
| 22 | if sustained, to justify the court in entering
a preliminary | ||||||
| 23 | injunction upon a hearing after notice. Every such temporary
| ||||||
| 24 | restraining order entered without notice shall be endorsed with | ||||||
| 25 | the date
and hour of entry of the order, shall be filed of | ||||||
| |||||||
| |||||||
| 1 | record, and shall
expire by its terms within such time after | ||||||
| 2 | entry, not to exceed 10 days as
fixed by the court, unless the | ||||||
| 3 | temporary restraining order, for good cause, is
extended for a | ||||||
| 4 | like period or unless the party against whom the order is
| ||||||
| 5 | directed consents that it may be extended for a longer period. | ||||||
| 6 | The reason
for extension shall be shown in the order. In case a | ||||||
| 7 | temporary restraining
order is entered without notice, the | ||||||
| 8 | motion for a permanent injunction
shall be set down for hearing | ||||||
| 9 | at the earliest possible time and takes
precedence over all | ||||||
| 10 | matters except older matters of the same character, and
when | ||||||
| 11 | the motion comes on for hearing, the Illinois State Police | ||||||
| 12 | Department or State's Attorney,
as the case may be, shall | ||||||
| 13 | proceed with the application for a permanent
injunction, and, | ||||||
| 14 | if he does not do so, the court shall dissolve the
temporary | ||||||
| 15 | restraining order. On 2 days' notice to the Illinois State | ||||||
| 16 | Police Department or State's
Attorney, as the case may be, the | ||||||
| 17 | defendant may appear and move the
dissolution or modification | ||||||
| 18 | of such temporary restraining order and in that
event the court | ||||||
| 19 | shall proceed to hear and determine such motion as
| ||||||
| 20 | expeditiously as the ends of justice require.
| ||||||
| 21 | (c) Upon the filing of the complaint by a citizen or the | ||||||
| 22 | Illinois State Police Department or the
State's Attorney (in | ||||||
| 23 | cases in which the Illinois State Police Department or State's | ||||||
| 24 | Attorney does
not request injunctive relief without notice) in | ||||||
| 25 | the circuit court,
the court, if satisfied that the nuisance | ||||||
| 26 | complained of
exists, shall allow a temporary restraining | ||||||
| |||||||
| |||||||
| 1 | order, with bond unless the
application is filed by the | ||||||
| 2 | Illinois State Police Department or State's Attorney, in such | ||||||
| 3 | amount
as the court may determine, enjoining the defendant from | ||||||
| 4 | maintaining any
such nuisance within the jurisdiction of the | ||||||
| 5 | court granting the injunctive
relief. However, no such | ||||||
| 6 | injunctive relief shall be granted, except on
behalf of an | ||||||
| 7 | owner or agent, unless it be made to appear to the
satisfaction | ||||||
| 8 | of the court that the owner or agent of such place knew or
had | ||||||
| 9 | been personally served with a notice signed by the plaintiff | ||||||
| 10 | and that
such notice has been served upon such owner or such | ||||||
| 11 | agent of such place at
least 5 days prior thereto, that such | ||||||
| 12 | place, specifically describing the
same, was being so used, | ||||||
| 13 | naming the date or dates of its being so used, and
that such | ||||||
| 14 | owner or agent had failed to abate such nuisance, or that upon
| ||||||
| 15 | diligent inquiry such owner or agent could not be found for
the | ||||||
| 16 | service of such preliminary notice. The lessee, if any, of such | ||||||
| 17 | place
shall be made a party defendant to such petition. If the | ||||||
| 18 | property owner is a corporation and the Illinois State Police | ||||||
| 19 | Department or the State's Attorney sends the preliminary notice | ||||||
| 20 | to the corporate address registered with the Secretary of | ||||||
| 21 | State, such action shall create a rebuttable presumption that | ||||||
| 22 | the parties have acted with due diligence and the court may | ||||||
| 23 | grant injunctive relief.
| ||||||
| 24 | (d) In all cases in which the complaint is filed by a | ||||||
| 25 | citizen, such
complaint shall be verified.
| ||||||
| 26 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
| |||||||
| |||||||
| 1 | (740 ILCS 40/7) (from Ch. 100 1/2, par. 20)
| ||||||
| 2 | Sec. 7.
The proceeds of the sale of the movable property | ||||||
| 3 | shall be applied in
payment of the costs of the proceeding, and | ||||||
| 4 | the balance, if any, shall be
forwarded by the clerk of the | ||||||
| 5 | circuit court to the State Treasurer for
deposit into the Drug | ||||||
| 6 | Treatment Fund, which is established as a special
fund within | ||||||
| 7 | the State Treasury. The Department of Human Services may make
| ||||||
| 8 | grants to persons licensed under
Section 15-10 of the Substance | ||||||
| 9 | Use Disorder Act or to
municipalities or counties from funds | ||||||
| 10 | appropriated to the Illinois State Police Department from the
| ||||||
| 11 | Drug Treatment
Fund for the treatment of persons addicted to | ||||||
| 12 | alcohol, cannabis, or
controlled substances. The Illinois | ||||||
| 13 | State Police Department may adopt any rules it deems
| ||||||
| 14 | appropriate for the administration of these grants. The | ||||||
| 15 | Illinois State Police Department shall
ensure that the moneys | ||||||
| 16 | collected in each county be returned proportionately
to the | ||||||
| 17 | counties through grants to licensees located within the county | ||||||
| 18 | in
which the assessment was collected. Moneys in the Fund shall | ||||||
| 19 | not supplant
other local, state or federal funds.
| ||||||
| 20 | (Source: P.A. 100-759, eff. 1-1-19.)
| ||||||
| 21 | Section 1115. The Mental Health and Developmental | ||||||
| 22 | Disabilities Confidentiality Act is amended by changing | ||||||
| 23 | Sections 12 and 12.2 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
| 2 | Sec. 12. (a) If the United States Secret Service or the | ||||||
| 3 | Illinois Department of State Police requests information from a | ||||||
| 4 | mental health or developmental
disability facility, as defined | ||||||
| 5 | in Section 1-107 and 1-114 of the Mental
Health and | ||||||
| 6 | Developmental Disabilities Code, relating to a specific
| ||||||
| 7 | recipient and the facility director determines that disclosure | ||||||
| 8 | of such
information may be necessary to protect the life of, or | ||||||
| 9 | to prevent
the infliction of great bodily harm to, a public | ||||||
| 10 | official,
or a person under the protection of the United
States | ||||||
| 11 | Secret Service, only the following information
may be | ||||||
| 12 | disclosed: the recipient's name, address, and age and the date | ||||||
| 13 | of
any admission to or discharge from a facility; and any | ||||||
| 14 | information which
would indicate whether or not the recipient | ||||||
| 15 | has a history of violence or
presents a danger of violence to | ||||||
| 16 | the person under protection. Any information
so disclosed shall | ||||||
| 17 | be used for investigative purposes only and shall not
be | ||||||
| 18 | publicly disseminated.
Any person participating in good faith | ||||||
| 19 | in the disclosure of such
information in accordance with this | ||||||
| 20 | provision shall have immunity from any
liability, civil, | ||||||
| 21 | criminal or otherwise, if such information is disclosed
relying | ||||||
| 22 | upon the representation of an officer of the United States | ||||||
| 23 | Secret
Service or the Illinois Department of State Police that | ||||||
| 24 | a person is under the
protection of the United States Secret | ||||||
| 25 | Service or is a public official.
| ||||||
| 26 | For the purpose of this subsection (a), the term "public | ||||||
| |||||||
| |||||||
| 1 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
| 2 | General, Secretary of State,
State Comptroller, State | ||||||
| 3 | Treasurer, member of the General Assembly, member of the United | ||||||
| 4 | States Congress, Judge of the United States as defined in 28 | ||||||
| 5 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
| 6 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
| 7 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
| 8 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
| 9 | Illinois. The
term shall also include the spouse, child or | ||||||
| 10 | children of a public official.
| ||||||
| 11 | (b) The Department of Human Services (acting as successor | ||||||
| 12 | to the
Department of Mental Health and Developmental | ||||||
| 13 | Disabilities) and all
public or private hospitals and mental | ||||||
| 14 | health facilities are required, as hereafter described in this | ||||||
| 15 | subsection,
to furnish the Illinois Department of State Police | ||||||
| 16 | only such information as may
be required for the sole purpose | ||||||
| 17 | of determining whether an individual who
may be or may have | ||||||
| 18 | been a patient is disqualified because of that status
from | ||||||
| 19 | receiving or retaining a Firearm Owner's Identification Card or | ||||||
| 20 | falls within the federal prohibitors under subsection (e), (f), | ||||||
| 21 | (g), (r), (s), or (t) of Section 8 of the Firearm Owners | ||||||
| 22 | Identification Card Act, or falls within the federal | ||||||
| 23 | prohibitors in 18 U.S.C. 922(g) and (n). All physicians, | ||||||
| 24 | clinical psychologists, or qualified examiners at public or | ||||||
| 25 | private mental health facilities or parts thereof as defined in | ||||||
| 26 | this subsection shall, in the form and manner required
by the | ||||||
| |||||||
| |||||||
| 1 | Department, provide notice directly to the Department of Human | ||||||
| 2 | Services, or to his or her employer who shall then report to | ||||||
| 3 | the Department, within 24 hours after determining that a person | ||||||
| 4 | poses a clear and present danger to himself, herself, or | ||||||
| 5 | others, or within 7 days after a person 14 years or older is | ||||||
| 6 | determined to be a person with a developmental disability by a | ||||||
| 7 | physician, clinical psychologist, or qualified examiner as | ||||||
| 8 | described in Section 1.1 of the Firearm Owners Identification | ||||||
| 9 | Card Act. If a person is a patient as described in clause (1) | ||||||
| 10 | of the definition of "patient" in Section 1.1 of the Firearm | ||||||
| 11 | Owners Identification Card Act, this information shall be | ||||||
| 12 | furnished within 7 days after
admission to a public or private | ||||||
| 13 | hospital or mental health facility or the provision of | ||||||
| 14 | services. Any such information disclosed under
this subsection | ||||||
| 15 | shall
remain privileged and confidential, and shall not be | ||||||
| 16 | redisclosed, except as required by subsection (e) of Section | ||||||
| 17 | 3.1 of the Firearm Owners Identification Card Act, nor utilized
| ||||||
| 18 | for any other purpose. The method of requiring the providing of | ||||||
| 19 | such
information shall guarantee that no information is | ||||||
| 20 | released beyond what
is necessary for this purpose. In | ||||||
| 21 | addition, the information disclosed
shall be provided
by the | ||||||
| 22 | Department within the time period established by Section 24-3 | ||||||
| 23 | of the
Criminal Code of 2012 regarding the delivery of | ||||||
| 24 | firearms. The method used
shall be sufficient to provide the | ||||||
| 25 | necessary information within the
prescribed time period, which | ||||||
| 26 | may include periodically providing
lists to the Department of | ||||||
| |||||||
| |||||||
| 1 | Human Services
or any public or private hospital or mental | ||||||
| 2 | health facility of Firearm Owner's Identification Card | ||||||
| 3 | applicants
on which the Department or hospital shall indicate | ||||||
| 4 | the identities of those
individuals who are to its knowledge | ||||||
| 5 | disqualified from having a Firearm
Owner's Identification Card | ||||||
| 6 | for reasons described herein. The Department
may provide for a | ||||||
| 7 | centralized source
of information for the State on this subject | ||||||
| 8 | under its jurisdiction. The identity of the person reporting | ||||||
| 9 | under this subsection shall not be disclosed to the subject of | ||||||
| 10 | the report. For the purposes of this subsection, the physician, | ||||||
| 11 | clinical psychologist, or qualified examiner making the | ||||||
| 12 | determination and his or her employer shall not be held | ||||||
| 13 | criminally, civilly, or professionally liable for making or not | ||||||
| 14 | making the notification required under this subsection, except | ||||||
| 15 | for willful or wanton misconduct.
| ||||||
| 16 | Any person, institution, or agency, under this Act, | ||||||
| 17 | participating in
good faith in the reporting or disclosure of | ||||||
| 18 | records and communications
otherwise in accordance with this | ||||||
| 19 | provision or with rules, regulations or
guidelines issued by | ||||||
| 20 | the Department shall have immunity from any
liability, civil, | ||||||
| 21 | criminal or otherwise, that might result by reason of the
| ||||||
| 22 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
| 23 | arising out of a report or disclosure in accordance with this | ||||||
| 24 | provision,
the good faith of any person,
institution, or agency | ||||||
| 25 | so reporting or disclosing shall be presumed. The
full extent | ||||||
| 26 | of the immunity provided in this subsection (b) shall apply to
| ||||||
| |||||||
| |||||||
| 1 | any person, institution or agency that fails to make a report | ||||||
| 2 | or disclosure
in the good faith belief that the report or | ||||||
| 3 | disclosure would violate
federal regulations governing the | ||||||
| 4 | confidentiality of alcohol and drug abuse
patient records | ||||||
| 5 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
| 6 | For purposes of this subsection (b) only, the following | ||||||
| 7 | terms shall have
the meaning prescribed:
| ||||||
| 8 | (1) (Blank).
| ||||||
| 9 | (1.3) "Clear and present danger" has the meaning as | ||||||
| 10 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
| 11 | Card Act. | ||||||
| 12 | (1.5) "Person with a developmental disability" has the | ||||||
| 13 | meaning as defined in Section 1.1 of the Firearm Owners | ||||||
| 14 | Identification Card Act. | ||||||
| 15 | (2) "Patient" has the meaning as defined in Section 1.1 | ||||||
| 16 | of the Firearm Owners Identification Card Act.
| ||||||
| 17 | (3) "Mental health facility" has the meaning as defined | ||||||
| 18 | in Section 1.1 of the Firearm Owners Identification Card | ||||||
| 19 | Act.
| ||||||
| 20 | (c) Upon the request of a peace officer who takes a person | ||||||
| 21 | into custody
and transports such person to a mental health or | ||||||
| 22 | developmental disability
facility pursuant to Section 3-606 or | ||||||
| 23 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
| 24 | or who transports a person from such facility,
a facility | ||||||
| 25 | director shall furnish said peace officer the name, address, | ||||||
| 26 | age
and name of the nearest relative of the person transported | ||||||
| |||||||
| |||||||
| 1 | to or from the
mental health or developmental disability | ||||||
| 2 | facility. In no case shall the
facility director disclose to | ||||||
| 3 | the peace officer any information relating to the
diagnosis, | ||||||
| 4 | treatment or evaluation of the person's mental or physical | ||||||
| 5 | health.
| ||||||
| 6 | For the purposes of this subsection (c), the terms "mental | ||||||
| 7 | health or
developmental disability facility", "peace officer" | ||||||
| 8 | and "facility director"
shall have the meanings ascribed to | ||||||
| 9 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
| 10 | (d) Upon the request of a peace officer or prosecuting | ||||||
| 11 | authority who is
conducting a bona fide investigation of a | ||||||
| 12 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
| 13 | justice,
a facility director may disclose whether a person is | ||||||
| 14 | present at the facility.
Upon request of a peace officer or | ||||||
| 15 | prosecuting authority who has a valid
forcible felony warrant | ||||||
| 16 | issued, a facility director shall disclose: (1) whether
the | ||||||
| 17 | person who is the subject of the warrant is present at the | ||||||
| 18 | facility and (2)
the
date of that person's discharge or future | ||||||
| 19 | discharge from the facility.
The requesting peace officer or | ||||||
| 20 | prosecuting authority must furnish a case
number and the | ||||||
| 21 | purpose of the investigation or an outstanding arrest warrant | ||||||
| 22 | at
the time of the request. Any person, institution, or agency
| ||||||
| 23 | participating in good faith in disclosing such information in | ||||||
| 24 | accordance with
this subsection (d) is immune from any | ||||||
| 25 | liability, civil, criminal or
otherwise, that might result by | ||||||
| 26 | reason of the action.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
| 2 | eff. 7-27-15; 99-642, eff. 7-28-16.)
| ||||||
| 3 | (740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
| ||||||
| 4 | Sec. 12.2.
(a) When a recipient who has been judicially or | ||||||
| 5 | involuntarily
admitted, or is a forensic recipient admitted to | ||||||
| 6 | a developmental disability
or mental health facility, as | ||||||
| 7 | defined in Section 1-107 or 1-114 of the
Mental Health and | ||||||
| 8 | Developmental Disabilities Code, is on an unauthorized
absence | ||||||
| 9 | or otherwise has left the custody of the Department of Human | ||||||
| 10 | Services without being discharged or
being free to do so, the | ||||||
| 11 | facility director shall immediately furnish and
disclose to the | ||||||
| 12 | appropriate local law enforcement agency identifying
| ||||||
| 13 | information, as defined in this Section, and all further | ||||||
| 14 | information
unrelated to the diagnosis, treatment or | ||||||
| 15 | evaluation of the recipient's
mental or physical health that | ||||||
| 16 | would aid the law enforcement agency in recovering
the | ||||||
| 17 | recipient and returning him or her to custody. When a forensic | ||||||
| 18 | recipient is on an unauthorized absence or otherwise has left | ||||||
| 19 | the custody of the Department without being discharged or being | ||||||
| 20 | free to do so, the facility director, or designee, of a mental | ||||||
| 21 | health facility or developmental facility operated by the | ||||||
| 22 | Department shall also immediately notify, in like manner, the | ||||||
| 23 | Illinois Department of State Police.
| ||||||
| 24 | (b) If a law enforcement agency requests information from a
| ||||||
| 25 | developmental disability or mental health facility, as defined | ||||||
| |||||||
| |||||||
| 1 | in Section
1-107 or 1-114 of the Mental Health and | ||||||
| 2 | Developmental Disabilities Code,
relating to a recipient who | ||||||
| 3 | has been admitted to the facility
and for whom a missing person | ||||||
| 4 | report has been filed with a law enforcement
agency, the | ||||||
| 5 | facility director shall, except in the case of a voluntary
| ||||||
| 6 | recipient wherein the recipient's permission in writing must | ||||||
| 7 | first be
obtained, furnish and disclose to the law enforcement | ||||||
| 8 | agency identifying
information as is necessary to confirm or | ||||||
| 9 | deny whether that person is, or
has been since the missing | ||||||
| 10 | person report was filed, a resident of that
facility. The | ||||||
| 11 | facility director shall notify the law enforcement agency if
| ||||||
| 12 | the missing person is admitted after the request. Any person | ||||||
| 13 | participating
in good faith in the disclosure of information in | ||||||
| 14 | accordance with this
provision shall have immunity from any | ||||||
| 15 | liability, civil, criminal, or
otherwise, if the information is | ||||||
| 16 | disclosed relying upon the representation
of an officer of a | ||||||
| 17 | law enforcement agency that a missing person report has
been | ||||||
| 18 | filed.
| ||||||
| 19 | (c) Upon the request of a law enforcement agency in | ||||||
| 20 | connection with the
investigation of a particular felony or sex | ||||||
| 21 | offense, when the investigation
case file number is furnished | ||||||
| 22 | by the law enforcement agency, a facility
director shall | ||||||
| 23 | immediately disclose to that law enforcement agency
| ||||||
| 24 | identifying information on any forensic recipient who is | ||||||
| 25 | admitted to
a developmental disability or mental health | ||||||
| 26 | facility, as defined in Section
1-107 or 1-114 of the Mental | ||||||
| |||||||
| |||||||
| 1 | Health and Developmental Disabilities Code,
who was or may have | ||||||
| 2 | been away from the facility at or about the time of the
| ||||||
| 3 | commission of a particular felony or sex offense, and: (1) | ||||||
| 4 | whose
description, clothing, or both reasonably match the | ||||||
| 5 | physical description of
any person allegedly involved in that | ||||||
| 6 | particular felony or sex offense; or
(2) whose past modus | ||||||
| 7 | operandi matches the modus operandi of that particular
felony | ||||||
| 8 | or sex offense.
| ||||||
| 9 | (d) For the purposes of this Section and Section 12.1, "law
| ||||||
| 10 | enforcement agency" means an agency of the State or unit of | ||||||
| 11 | local
government that is vested by law or ordinance with the | ||||||
| 12 | duty to maintain
public order and to enforce criminal laws or | ||||||
| 13 | ordinances, the Federal
Bureau of Investigation, the Central | ||||||
| 14 | Intelligence Agency, and the United
States Secret Service.
| ||||||
| 15 | (e) For the purpose of this Section, "identifying | ||||||
| 16 | information" means
the name, address, age, and a physical | ||||||
| 17 | description, including clothing,
of the recipient of services, | ||||||
| 18 | the names and addresses of the
recipient's nearest known | ||||||
| 19 | relatives, where the recipient was known to have been
during | ||||||
| 20 | any past unauthorized absences from a facility, whether the
| ||||||
| 21 | recipient may be suicidal, and the condition of the recipient's | ||||||
| 22 | physical
health as it relates to exposure to the weather. | ||||||
| 23 | Except as provided in
Section 11, in no case shall the facility | ||||||
| 24 | director disclose to the law
enforcement agency any information | ||||||
| 25 | relating to the diagnosis, treatment, or
evaluation of the | ||||||
| 26 | recipient's mental or physical health, unless the
disclosure is | ||||||
| |||||||
| |||||||
| 1 | deemed necessary by the facility director to insure the
safety | ||||||
| 2 | of the investigating officers or general public.
| ||||||
| 3 | (f) For the purpose of this Section, "forensic recipient" | ||||||
| 4 | means a
recipient who is placed in a developmental disability | ||||||
| 5 | facility or mental
health facility, as defined in Section 1-107 | ||||||
| 6 | or 1-114 of the Mental Health
and Developmental Disabilities | ||||||
| 7 | Code, pursuant to Article 104 of the Code of
Criminal Procedure | ||||||
| 8 | of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
| ||||||
| 9 | of Corrections.
| ||||||
| 10 | (Source: P.A. 98-756, eff. 7-16-14; 99-216, eff. 7-31-15.)
| ||||||
| 11 | Section 1120. The Illinois False Claims Act is amended by | ||||||
| 12 | changing Sections 2, 4, and 8 as follows:
| ||||||
| 13 | (740 ILCS 175/2) (from Ch. 127, par. 4102)
| ||||||
| 14 | Sec. 2. Definitions. As used in this Act:
| ||||||
| 15 | (a) "State" means the State of Illinois; any agency of | ||||||
| 16 | State
government; the system of State colleges and | ||||||
| 17 | universities, any school district, community college district, | ||||||
| 18 | county, municipality, municipal corporation, unit of local | ||||||
| 19 | government, and any combination of the above under an | ||||||
| 20 | intergovernmental agreement that includes provisions for a | ||||||
| 21 | governing body of the agency created by the agreement.
| ||||||
| 22 | (b) "Guard" means the Illinois National Guard.
| ||||||
| 23 | (c) "Investigation" means any inquiry conducted by any | ||||||
| 24 | investigator for
the purpose of ascertaining whether any person | ||||||
| |||||||
| |||||||
| 1 | is or has been engaged in
any violation of this Act.
| ||||||
| 2 | (d) "Investigator" means a person who is charged by the | ||||||
| 3 | Attorney General or the Illinois Department of State Police | ||||||
| 4 | with the duty of conducting any investigation under this Act, | ||||||
| 5 | or
any officer or employee of the State acting under the | ||||||
| 6 | direction and
supervision of the Attorney General or the | ||||||
| 7 | Illinois Department of State Police, through the Division of
| ||||||
| 8 | Operations or the Division of Internal
Investigation, in the | ||||||
| 9 | course of
an investigation.
| ||||||
| 10 | (e) "Documentary material" includes the original or any | ||||||
| 11 | copy of any
book, record, report, memorandum, paper, | ||||||
| 12 | communication, tabulation,
chart, or other document, or data | ||||||
| 13 | compilations stored in or accessible
through computer or other | ||||||
| 14 | information retrieval systems, together with
instructions and | ||||||
| 15 | all other materials necessary to use or interpret such
data | ||||||
| 16 | compilations, and any product of discovery.
| ||||||
| 17 | (f) "Custodian" means the custodian, or any deputy | ||||||
| 18 | custodian, designated
by the Attorney General under subsection | ||||||
| 19 | (i)(1) of Section 6.
| ||||||
| 20 | (g) "Product of discovery" includes:
| ||||||
| 21 | (1) the original or duplicate of any deposition, | ||||||
| 22 | interrogatory,
document, thing, result of the inspection | ||||||
| 23 | of land or other property,
examination, or admission, which | ||||||
| 24 | is obtained by any method of discovery in
any judicial or | ||||||
| 25 | administrative proceeding of an adversarial nature;
| ||||||
| 26 | (2) any digest, analysis, selection, compilation, or | ||||||
| |||||||
| |||||||
| 1 | derivation of any
item listed in paragraph (1); and
| ||||||
| 2 | (3) any index or other manner of access to any item | ||||||
| 3 | listed in
paragraph (1).
| ||||||
| 4 | (Source: P.A. 95-128, eff. 1-1-08; 96-1304, eff. 7-27-10.)
| ||||||
| 5 | (740 ILCS 175/4) (from Ch. 127, par. 4104)
| ||||||
| 6 | Sec. 4. Civil actions for false claims.
| ||||||
| 7 | (a) Responsibilities of the Attorney General and the | ||||||
| 8 | Illinois Department of State Police. The Attorney General or | ||||||
| 9 | the Illinois Department of State Police shall diligently | ||||||
| 10 | investigate
a civil violation under Section 3. If the Attorney | ||||||
| 11 | General finds that a person violated or is violating Section 3, | ||||||
| 12 | the Attorney General may bring a civil action under this | ||||||
| 13 | Section
against the person.
| ||||||
| 14 | The State shall receive an amount for reasonable expenses | ||||||
| 15 | that the court finds to have been necessarily incurred by the | ||||||
| 16 | Attorney General, including reasonable attorneys' fees and | ||||||
| 17 | costs. All such expenses, fees, and costs shall be awarded | ||||||
| 18 | against the defendant. The court may award amounts from the | ||||||
| 19 | proceeds of an action or settlement that it considers | ||||||
| 20 | appropriate to any governmental entity or program that has been | ||||||
| 21 | adversely affected by a defendant. The Attorney General, if | ||||||
| 22 | necessary, shall direct the State Treasurer to make a | ||||||
| 23 | disbursement of funds as provided in court orders or settlement | ||||||
| 24 | agreements. | ||||||
| 25 | (b) Actions by private persons.
| ||||||
| |||||||
| |||||||
| 1 | (1) A person may bring a civil action
for a violation | ||||||
| 2 | of Section 3 for the person and for the State. The action
| ||||||
| 3 | shall be brought in the name of the State. The action may | ||||||
| 4 | be dismissed
only if the court and the Attorney General | ||||||
| 5 | give written consent to the
dismissal and their reasons for | ||||||
| 6 | consenting.
| ||||||
| 7 | (2) A copy of the complaint and written disclosure of | ||||||
| 8 | substantially all
material evidence and information the | ||||||
| 9 | person possesses shall be served on
the State. The | ||||||
| 10 | complaint shall be filed in camera, shall remain under seal
| ||||||
| 11 | for at least 60 days, and shall not be served on the | ||||||
| 12 | defendant until the
court so orders. The State may elect to | ||||||
| 13 | intervene and proceed with the
action within 60 days after | ||||||
| 14 | it receives both the complaint and the material
evidence | ||||||
| 15 | and information.
| ||||||
| 16 | (3) The State may, for good cause shown, move the court | ||||||
| 17 | for extensions
of the time during which the complaint | ||||||
| 18 | remains under seal under paragraph
(2). Any such motions | ||||||
| 19 | may be supported by affidavits or other submissions
in | ||||||
| 20 | camera. The defendant shall not be required to respond to | ||||||
| 21 | any complaint
filed under this Section until 20 days after | ||||||
| 22 | the complaint is unsealed and
served upon the defendant.
| ||||||
| 23 | (4) Before the expiration of the 60-day period or any | ||||||
| 24 | extensions
obtained under paragraph (3), the State shall:
| ||||||
| 25 | (A) proceed with the action, in which case the | ||||||
| 26 | action shall be
conducted by the State; or
| ||||||
| |||||||
| |||||||
| 1 | (B) notify the court that it declines to take over | ||||||
| 2 | the action, in which
case the person bringing the | ||||||
| 3 | action shall have the right to conduct the action.
| ||||||
| 4 | (5) When a person brings an action under this | ||||||
| 5 | subsection (b), no person
other than the State may | ||||||
| 6 | intervene or bring a related action based on the
facts | ||||||
| 7 | underlying the pending action.
| ||||||
| 8 | (c) Rights of the parties to Qui Tam actions.
| ||||||
| 9 | (1) If the State proceeds
with the action, it shall | ||||||
| 10 | have the primary responsibility for prosecuting
the | ||||||
| 11 | action, and shall not be bound by an act of the person | ||||||
| 12 | bringing the
action. Such person shall have the right to | ||||||
| 13 | continue as a party to the
action, subject to the | ||||||
| 14 | limitations set forth in paragraph (2).
| ||||||
| 15 | (2)(A) The State may dismiss the action | ||||||
| 16 | notwithstanding the objections
of the person initiating | ||||||
| 17 | the action if the person has been notified by the
State of | ||||||
| 18 | the filing of the motion and the court has provided the | ||||||
| 19 | person
with an opportunity for a hearing on the motion.
| ||||||
| 20 | (B) The State may settle the action with the defendant | ||||||
| 21 | notwithstanding
the objections of the person initiating | ||||||
| 22 | the action if the court determines,
after a hearing, that | ||||||
| 23 | the proposed settlement is fair, adequate, and reasonable
| ||||||
| 24 | under all the circumstances. Upon a showing of good cause, | ||||||
| 25 | such hearing
may be held in camera.
| ||||||
| 26 | (C) Upon a showing by the State that unrestricted | ||||||
| |||||||
| |||||||
| 1 | participation during
the course of the litigation by the | ||||||
| 2 | person initiating the action would
interfere with or unduly | ||||||
| 3 | delay the State's prosecution of the case, or
would be | ||||||
| 4 | repetitious, irrelevant, or for purposes of harassment, | ||||||
| 5 | the court
may, in its discretion, impose limitations on the | ||||||
| 6 | person's participation,
such as:
| ||||||
| 7 | (i) limiting the number of witnesses the person may | ||||||
| 8 | call:
| ||||||
| 9 | (ii) limiting the length of the testimony of such | ||||||
| 10 | witnesses;
| ||||||
| 11 | (iii) limiting the person's cross-examination of | ||||||
| 12 | witnesses; or
| ||||||
| 13 | (iv) otherwise limiting the participation by the | ||||||
| 14 | person in the
litigation.
| ||||||
| 15 | (D) Upon a showing by the defendant that unrestricted | ||||||
| 16 | participation
during
the course of the litigation by the | ||||||
| 17 | person initiating the action would be
for purposes of | ||||||
| 18 | harassment or would cause the defendant undue burden or
| ||||||
| 19 | unnecessary expense, the court may limit the participation | ||||||
| 20 | by the person in
the litigation.
| ||||||
| 21 | (3) If the State elects not to proceed with the action, | ||||||
| 22 | the person who
initiated the action shall have the right to | ||||||
| 23 | conduct the action. If the
State so requests, it shall be | ||||||
| 24 | served with copies of all pleadings filed in
the action and | ||||||
| 25 | shall be supplied with copies of all deposition transcripts
| ||||||
| 26 | (at the State's expense). When a person proceeds with the | ||||||
| |||||||
| |||||||
| 1 | action, the
court, without limiting the status and rights | ||||||
| 2 | of the person initiating the
action, may nevertheless | ||||||
| 3 | permit the State to intervene at a later date upon
a | ||||||
| 4 | showing of good cause.
| ||||||
| 5 | (4) Whether or not the State proceeds with the action, | ||||||
| 6 | upon a showing by
the State that certain actions of | ||||||
| 7 | discovery by the person initiating the
action would | ||||||
| 8 | interfere with the State's investigation or prosecution of | ||||||
| 9 | a
criminal or civil matter arising out of the same facts, | ||||||
| 10 | the court may stay
such discovery for a period of not more | ||||||
| 11 | than 60 days. Such a showing shall
be conducted in camera. | ||||||
| 12 | The court may extend the 60-day period upon a
further | ||||||
| 13 | showing in camera that the State has pursued the criminal | ||||||
| 14 | or civil
investigation or proceedings with reasonable | ||||||
| 15 | diligence and any proposed
discovery in the civil action | ||||||
| 16 | will interfere with the ongoing criminal or
civil | ||||||
| 17 | investigation or proceedings.
| ||||||
| 18 | (5) Notwithstanding subsection (b), the State may | ||||||
| 19 | elect to pursue its
claim through any alternate remedy | ||||||
| 20 | available to the State, including any
administrative | ||||||
| 21 | proceeding to determine a civil money penalty. If any such
| ||||||
| 22 | alternate remedy is pursued in another proceeding, the | ||||||
| 23 | person initiating
the action shall have the same rights in | ||||||
| 24 | such proceeding as such person
would have had if the action | ||||||
| 25 | had continued under this Section. Any finding
of fact or | ||||||
| 26 | conclusion of law made in such other proceeding that has | ||||||
| |||||||
| |||||||
| 1 | become
final shall be conclusive on all parties to an | ||||||
| 2 | action under this Section.
For purposes of the preceding | ||||||
| 3 | sentence, a finding or conclusion is final if
it has been | ||||||
| 4 | finally determined on appeal to the appropriate court, if | ||||||
| 5 | all
time for filing such an appeal with respect to the | ||||||
| 6 | finding or conclusion
has expired, or if the finding or | ||||||
| 7 | conclusion is not subject to judicial review.
| ||||||
| 8 | (d) Award to Qui Tam plaintiff.
| ||||||
| 9 | (1) If the State proceeds with an
action brought by a | ||||||
| 10 | person under subsection (b), such person shall, subject
to | ||||||
| 11 | the second sentence of this paragraph, receive at least 15% | ||||||
| 12 | but not more
than 25% of the proceeds of the action or | ||||||
| 13 | settlement of the claim,
depending upon the extent to which | ||||||
| 14 | the person substantially contributed to
the prosecution of | ||||||
| 15 | the action. Where the action is one which the court
finds | ||||||
| 16 | to be based primarily on disclosures of specific | ||||||
| 17 | information (other
than information provided by the person | ||||||
| 18 | bringing the action) relating to
allegations or | ||||||
| 19 | transactions in a criminal, civil, or administrative
| ||||||
| 20 | hearing, in a legislative, administrative, or Auditor | ||||||
| 21 | General's report,
hearing, audit, or investigation, or | ||||||
| 22 | from the news media, the court may award
such sums as it | ||||||
| 23 | considers appropriate, but in no case more than 10% of the
| ||||||
| 24 | proceeds, taking into account the significance of the | ||||||
| 25 | information and the
role of the person bringing the action | ||||||
| 26 | in advancing the case to litigation.
Any payment to a | ||||||
| |||||||
| |||||||
| 1 | person under the first or second sentence of this
paragraph | ||||||
| 2 | (1) shall be made from the proceeds. Any such person shall | ||||||
| 3 | also
receive an amount for reasonable expenses which the | ||||||
| 4 | court finds to have
been necessarily incurred, plus | ||||||
| 5 | reasonable attorneys' fees and costs.
The State shall also | ||||||
| 6 | receive an amount for reasonable expenses which the
court | ||||||
| 7 | finds to have been necessarily incurred by the Attorney | ||||||
| 8 | General,
including reasonable attorneys' fees and costs. | ||||||
| 9 | All such expenses, fees, and costs shall be awarded
against | ||||||
| 10 | the defendant. The court may award amounts from the | ||||||
| 11 | proceeds of an action or settlement that it considers | ||||||
| 12 | appropriate to any governmental entity or program that has | ||||||
| 13 | been adversely affected by a defendant. The Attorney | ||||||
| 14 | General, if necessary, shall direct the State Treasurer to | ||||||
| 15 | make a disbursement of funds as provided in court orders or | ||||||
| 16 | settlement agreements.
| ||||||
| 17 | (2) If the State does not proceed with an action under | ||||||
| 18 | this Section, the
person bringing the action or settling | ||||||
| 19 | the claim shall receive an amount
which the court decides | ||||||
| 20 | is reasonable for collecting the civil penalty and
damages. | ||||||
| 21 | The amount shall be not less than 25% and not more than 30% | ||||||
| 22 | of
the proceeds of the action or settlement and shall be | ||||||
| 23 | paid out of such
proceeds. Such person shall also receive | ||||||
| 24 | an amount for reasonable expenses
which the court finds to | ||||||
| 25 | have been necessarily incurred, plus reasonable
attorneys' | ||||||
| 26 | fees and costs. All such expenses, fees, and costs shall be
| ||||||
| |||||||
| |||||||
| 1 | awarded against the defendant. The court may award amounts | ||||||
| 2 | from the proceeds of an action or settlement that it | ||||||
| 3 | considers appropriate to any governmental entity or | ||||||
| 4 | program that has been adversely affected by a defendant. | ||||||
| 5 | The Attorney General, if necessary, shall direct the State | ||||||
| 6 | Treasurer to make a disbursement of funds as provided in | ||||||
| 7 | court orders or settlement agreements.
| ||||||
| 8 | (3) Whether or not the State proceeds with the action, | ||||||
| 9 | if the court finds
that the action was brought by a person | ||||||
| 10 | who planned and initiated the violation
of Section 3 upon | ||||||
| 11 | which the action was brought, then the court may, to the
| ||||||
| 12 | extent the court considers appropriate, reduce the share of | ||||||
| 13 | the proceeds of
the action which the person would otherwise | ||||||
| 14 | receive under paragraph (1) or
(2) of this subsection (d), | ||||||
| 15 | taking into account the role of that person in
advancing | ||||||
| 16 | the case to litigation and any relevant circumstances | ||||||
| 17 | pertaining
to the violation. If the person bringing the | ||||||
| 18 | action is convicted of
criminal conduct arising from his or | ||||||
| 19 | her role in the violation of Section
3, that person shall | ||||||
| 20 | be dismissed from the civil action and shall not
receive | ||||||
| 21 | any share of the proceeds of the action. Such dismissal | ||||||
| 22 | shall not
prejudice the right of the State to continue the | ||||||
| 23 | action, represented by the Attorney General.
| ||||||
| 24 | (4) If the State does not proceed with the action and | ||||||
| 25 | the person
bringing the action conducts the action, the | ||||||
| 26 | court may award to the
defendant its reasonable attorneys' | ||||||
| |||||||
| |||||||
| 1 | fees and expenses if the defendant
prevails in the action | ||||||
| 2 | and the court finds that the claim of the person
bringing | ||||||
| 3 | the action was clearly frivolous, clearly vexatious, or | ||||||
| 4 | brought
primarily for purposes of harassment.
| ||||||
| 5 | (e) Certain actions barred.
| ||||||
| 6 | (1) No court shall have jurisdiction over an
action | ||||||
| 7 | brought by a former or present member of the Guard under | ||||||
| 8 | subsection
(b) of this Section against a member of the | ||||||
| 9 | Guard arising out of such
person's service in the Guard.
| ||||||
| 10 | (2)(A) No court shall have jurisdiction over an action | ||||||
| 11 | brought under
subsection (b) against a member of the | ||||||
| 12 | General Assembly, a member of the
judiciary, or an exempt | ||||||
| 13 | official if the action is based on evidence or
information | ||||||
| 14 | known to the State when the action was brought.
| ||||||
| 15 | (B) For purposes of this paragraph (2), "exempt | ||||||
| 16 | official" means any of
the following officials in State | ||||||
| 17 | service: directors of departments
established under the | ||||||
| 18 | Civil Administrative Code of Illinois, the Adjutant
| ||||||
| 19 | General, the Assistant Adjutant General, the Director of | ||||||
| 20 | the State
Emergency Services and Disaster Agency, members | ||||||
| 21 | of the boards and
commissions, and all other positions | ||||||
| 22 | appointed by the Governor by and with
the consent of the | ||||||
| 23 | Senate.
| ||||||
| 24 | (3) In no event may a person bring an action under | ||||||
| 25 | subsection (b) which
is based upon allegations or | ||||||
| 26 | transactions which are the subject of a civil
suit or an | ||||||
| |||||||
| |||||||
| 1 | administrative civil money penalty proceeding in which the | ||||||
| 2 | State
is already a party.
| ||||||
| 3 | (4)(A) The court shall dismiss an action or claim under | ||||||
| 4 | this Section, unless opposed by the State, if substantially | ||||||
| 5 | the same allegations or transactions as alleged in the | ||||||
| 6 | action or claim were publicly disclosed: | ||||||
| 7 | (i) in a
criminal, civil, or administrative | ||||||
| 8 | hearing in which the State or its agent is a party; | ||||||
| 9 | (ii) in a State legislative, State
Auditor | ||||||
| 10 | General, or other State report, hearing, audit, or
| ||||||
| 11 | investigation; or | ||||||
| 12 | (iii) from the news media, | ||||||
| 13 | unless the action is brought by the
Attorney General or the | ||||||
| 14 | person bringing the action is an original source of
the | ||||||
| 15 | information.
| ||||||
| 16 | (B) For purposes of this paragraph (4), "original | ||||||
| 17 | source" means an
individual who either (i) prior to a | ||||||
| 18 | public disclosure under subparagraph (A) of this paragraph | ||||||
| 19 | (4), has voluntarily disclosed to the State the information | ||||||
| 20 | on which allegations or transactions in a claim are based, | ||||||
| 21 | or (ii) has knowledge that is independent of and materially | ||||||
| 22 | adds to the publicly disclosed allegations or | ||||||
| 23 | transactions, and who has voluntarily provided the
| ||||||
| 24 | information to the State before filing an action under this | ||||||
| 25 | Section.
| ||||||
| 26 | (f) State not liable for certain expenses. The State is not | ||||||
| |||||||
| |||||||
| 1 | liable for
expenses which a person incurs in bringing an action | ||||||
| 2 | under this Section.
| ||||||
| 3 | (g) Relief from retaliatory actions. | ||||||
| 4 | (1) In general, any employee, contractor, or agent | ||||||
| 5 | shall be entitled to all relief necessary to make that | ||||||
| 6 | employee, contractor, or agent whole, if that employee, | ||||||
| 7 | contractor, or agent is discharged, demoted, suspended, | ||||||
| 8 | threatened,
harassed, or in any other manner discriminated | ||||||
| 9 | against in the terms and
conditions of employment because | ||||||
| 10 | of lawful acts done
by the employee, contractor, agent, or | ||||||
| 11 | associated others in furtherance of an action under this | ||||||
| 12 | Section or other efforts to stop one or more violations of | ||||||
| 13 | this Act. | ||||||
| 14 | (2) Relief under paragraph (1) shall include | ||||||
| 15 | reinstatement with the same seniority status that the | ||||||
| 16 | employee, contractor, or agent
would have had but for the | ||||||
| 17 | discrimination, 2 times the amount of back pay,
interest on | ||||||
| 18 | the back pay, and compensation for any special damages | ||||||
| 19 | sustained
as a result of the discrimination, including | ||||||
| 20 | litigation costs and
reasonable attorneys' fees. An action | ||||||
| 21 | under this subsection (g) may be brought in the
appropriate | ||||||
| 22 | circuit court for the relief provided in this subsection | ||||||
| 23 | (g). | ||||||
| 24 | (3) A civil action under this subsection may not be | ||||||
| 25 | brought more than 3 years after the date when the | ||||||
| 26 | retaliation occurred.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-1304, eff. 7-27-10; 97-978, eff. 8-17-12.)
| ||||||
| 2 | (740 ILCS 175/8) (from Ch. 127, par. 4108)
| ||||||
| 3 | Sec. 8. Funds; Grants.
| ||||||
| 4 | (a) There is hereby created the State Whistleblower Reward | ||||||
| 5 | and Protection
Fund to be held outside of the State Treasury | ||||||
| 6 | with the State Treasurer as custodian. All proceeds of an | ||||||
| 7 | action or
settlement of a claim brought under this Act shall be | ||||||
| 8 | deposited in the Fund. Any attorneys' fees, expenses, and costs | ||||||
| 9 | paid by or awarded against any defendant pursuant to Section 4 | ||||||
| 10 | of this Act shall not be considered part of the proceeds to be | ||||||
| 11 | deposited in the Fund.
| ||||||
| 12 | (b) Monies in the Fund shall be allocated as
follows: | ||||||
| 13 | One-sixth of the monies shall be paid to the Attorney General | ||||||
| 14 | Whistleblower Reward and Protection Fund, which is hereby | ||||||
| 15 | created as a special fund in the State Treasury, and
one-sixth | ||||||
| 16 | of the monies shall be paid to the State Police Whistleblower | ||||||
| 17 | Reward and Protection Fund, which is hereby created as a | ||||||
| 18 | special fund in the State Treasury, for
State law enforcement | ||||||
| 19 | purposes. The remaining two-thirds of the monies in
the Fund | ||||||
| 20 | shall be used for payment of awards to Qui Tam
plaintiffs and | ||||||
| 21 | as otherwise specified in
this Act, with any remainder to the | ||||||
| 22 | General Revenue Fund. The Attorney General shall direct the | ||||||
| 23 | State Treasurer to make
disbursement of funds.
| ||||||
| 24 | (Source: P.A. 101-148, eff. 7-26-19.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1125. The Illinois Marriage and Dissolution of | ||||||
| 2 | Marriage Act is amended by changing Section 607.5 as follows:
| ||||||
| 3 | (750 ILCS 5/607.5) | ||||||
| 4 | Sec. 607.5. Abuse of allocated parenting time. | ||||||
| 5 | (a) The court shall provide an expedited procedure for the | ||||||
| 6 | enforcement of allocated parenting time. | ||||||
| 7 | (b) An action for the enforcement of allocated parenting | ||||||
| 8 | time may be commenced by a parent or a person appointed under | ||||||
| 9 | Section 506 by filing a petition setting forth: (i) the | ||||||
| 10 | petitioner's name and residence address or mailing address, | ||||||
| 11 | except that if the petition states that disclosure of | ||||||
| 12 | petitioner's address would risk abuse of petitioner or any | ||||||
| 13 | member of petitioner's family or household or reveal the | ||||||
| 14 | confidential address of a shelter for domestic violence | ||||||
| 15 | victims, that address may be omitted from the petition; (ii) | ||||||
| 16 | the respondent's name and place of residence, place of | ||||||
| 17 | employment, or mailing address; (iii) the terms of the | ||||||
| 18 | parenting plan or allocation judgment then in effect; (iv) the | ||||||
| 19 | nature of the violation of the allocation of parenting time, | ||||||
| 20 | giving dates and other relevant information; and (v) that a | ||||||
| 21 | reasonable attempt was made to resolve the dispute. | ||||||
| 22 | (c) If the court finds by a preponderance of the evidence | ||||||
| 23 | that a parent has not complied with allocated parenting time | ||||||
| 24 | according to an approved parenting plan or a court order, the | ||||||
| 25 | court, in the child's best interests, shall issue an order that | ||||||
| |||||||
| |||||||
| 1 | may include one or more of the following: | ||||||
| 2 | (1) an imposition of additional terms and conditions | ||||||
| 3 | consistent with the court's previous allocation of | ||||||
| 4 | parenting time or other order; | ||||||
| 5 | (2) a requirement that either or both of the parties | ||||||
| 6 | attend a parental education program at the expense of the | ||||||
| 7 | non-complying parent; | ||||||
| 8 | (3) upon consideration of all relevant factors, | ||||||
| 9 | particularly a history or possibility of domestic | ||||||
| 10 | violence, a requirement that the parties participate in | ||||||
| 11 | family or individual counseling, the expense of which shall | ||||||
| 12 | be allocated by the court; if counseling is ordered, all | ||||||
| 13 | counseling sessions shall be confidential, and the | ||||||
| 14 | communications in counseling shall not be used in any | ||||||
| 15 | manner in litigation nor relied upon by an expert appointed | ||||||
| 16 | by the court or retained by any party; | ||||||
| 17 | (4) a requirement that the non-complying parent post a | ||||||
| 18 | cash bond or other security to ensure future compliance, | ||||||
| 19 | including a provision that the bond or other security may | ||||||
| 20 | be forfeited to the other parent for payment of expenses on | ||||||
| 21 | behalf of the child as the court shall direct; | ||||||
| 22 | (5) a requirement that makeup parenting time be | ||||||
| 23 | provided for the aggrieved parent or child under the | ||||||
| 24 | following conditions: | ||||||
| 25 | (A) that the parenting time is of the same type and | ||||||
| 26 | duration as the parenting time that was denied, | ||||||
| |||||||
| |||||||
| 1 | including but not limited to parenting time during | ||||||
| 2 | weekends, on holidays, and on weekdays and during times | ||||||
| 3 | when the child is not in school; | ||||||
| 4 | (B) that the parenting time is made up within 6 | ||||||
| 5 | months after the noncompliance occurs, unless the | ||||||
| 6 | period of time or holiday cannot be made up within 6 | ||||||
| 7 | months, in which case the parenting time shall be made | ||||||
| 8 | up within one year after the noncompliance occurs; | ||||||
| 9 | (6) a finding that the non-complying parent is in | ||||||
| 10 | contempt of court; | ||||||
| 11 | (7) an imposition on the non-complying parent of an | ||||||
| 12 | appropriate civil fine per incident of denied parenting | ||||||
| 13 | time; | ||||||
| 14 | (8) a requirement that the non-complying parent | ||||||
| 15 | reimburse the other parent for all reasonable expenses | ||||||
| 16 | incurred as a result of the violation of the parenting plan | ||||||
| 17 | or court order; and | ||||||
| 18 | (9) any other provision that may promote the child's | ||||||
| 19 | best interests. | ||||||
| 20 | (d) In addition to any other order entered under subsection | ||||||
| 21 | (c), except for good cause shown, the court shall order a | ||||||
| 22 | parent who has failed to provide allocated parenting time or to | ||||||
| 23 | exercise allocated parenting time to pay the aggrieved party | ||||||
| 24 | his or her reasonable attorney's fees, court costs, and | ||||||
| 25 | expenses associated with an action brought under this Section. | ||||||
| 26 | If the court finds that the respondent in an action brought | ||||||
| |||||||
| |||||||
| 1 | under this Section has not violated the allocated parenting | ||||||
| 2 | time, the court may order the petitioner to pay the | ||||||
| 3 | respondent's reasonable attorney's fees, court costs, and | ||||||
| 4 | expenses incurred in the action. | ||||||
| 5 | (e) Nothing in this Section precludes a party from | ||||||
| 6 | maintaining any other action as provided by law. | ||||||
| 7 | (f) When the court issues an order holding a party in | ||||||
| 8 | contempt for violation of a parenting time order and finds that | ||||||
| 9 | the party engaged in parenting time abuse, the court may order | ||||||
| 10 | one or more of the following: | ||||||
| 11 | (1) Suspension of a party's Illinois driving | ||||||
| 12 | privileges pursuant to Section 7-703 of the Illinois | ||||||
| 13 | Vehicle Code until the court determines that the party is | ||||||
| 14 | in compliance with the parenting time order. The court may | ||||||
| 15 | also order that a party be issued a family financial | ||||||
| 16 | responsibility driving permit that would allow limited | ||||||
| 17 | driving privileges for employment, for medical purposes, | ||||||
| 18 | and to transport a child to or from scheduled parenting | ||||||
| 19 | time in order to comply with a parenting time order in | ||||||
| 20 | accordance with subsection (a-1) of Section 7-702.1 of the | ||||||
| 21 | Illinois Vehicle Code. | ||||||
| 22 | (2) Placement of a party on probation with such | ||||||
| 23 | conditions of probation as the court deems advisable. | ||||||
| 24 | (3) Sentencing of a party to periodic imprisonment for | ||||||
| 25 | a period not to exceed 6 months; provided, that the court | ||||||
| 26 | may permit the party to be released for periods of time | ||||||
| |||||||
| |||||||
| 1 | during the day or night to: | ||||||
| 2 | (A) work; or | ||||||
| 3 | (B) conduct a business or other self-employed | ||||||
| 4 | occupation. | ||||||
| 5 | (4) Find that a party in engaging in parenting time | ||||||
| 6 | abuse is guilty of a petty offense and should be fined an | ||||||
| 7 | amount of no more than $500 for each finding of parenting | ||||||
| 8 | time abuse. | ||||||
| 9 | (g) When the court issues an order holding a party in | ||||||
| 10 | contempt of court for violation of a parenting order, the clerk | ||||||
| 11 | shall transmit a copy of the contempt order to the sheriff of | ||||||
| 12 | the county. The sheriff shall furnish a copy of each contempt | ||||||
| 13 | order to the Illinois Department of State Police on a daily | ||||||
| 14 | basis in the form and manner required by the Department. The | ||||||
| 15 | Department shall maintain a complete record and index of the | ||||||
| 16 | contempt orders and make this data available to all local law | ||||||
| 17 | enforcement agencies. | ||||||
| 18 | (h) Nothing contained in this Section shall be construed to | ||||||
| 19 | limit the court's contempt power.
| ||||||
| 20 | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
| ||||||
| 21 | Section 1130. The Adoption Act is amended by changing | ||||||
| 22 | Sections 6 and 12.3 as follows:
| ||||||
| 23 | (750 ILCS 50/6) (from Ch. 40, par. 1508)
| ||||||
| 24 | Sec. 6. A. Investigation; all cases. Within 10 days after | ||||||
| |||||||
| |||||||
| 1 | the filing of
a petition for the adoption or standby adoption | ||||||
| 2 | of a child other than a related
child, the
court shall appoint | ||||||
| 3 | a child welfare agency approved by the Department of
Children | ||||||
| 4 | and Family Services, or a person deemed competent by the court, | ||||||
| 5 | or
in
Cook County the Court Services Division of the Cook | ||||||
| 6 | County Department of
Public Aid, or the Department of Children | ||||||
| 7 | and Family Services if the court
determines that no child | ||||||
| 8 | welfare agency is available or that the petitioner
is | ||||||
| 9 | financially unable to pay for the investigation, to investigate
| ||||||
| 10 | accurately, fully and promptly, the allegations contained in | ||||||
| 11 | the petition;
the character, reputation, health and general | ||||||
| 12 | standing in the community of
the petitioners; the religious | ||||||
| 13 | faith of the petitioners and, if
ascertainable, of the child | ||||||
| 14 | sought to be adopted; and whether the
petitioners are proper | ||||||
| 15 | persons to adopt the child and whether the child is
a proper | ||||||
| 16 | subject of adoption. The investigation required under this | ||||||
| 17 | Section
shall include a fingerprint based criminal background | ||||||
| 18 | check with a review
of fingerprints by the Illinois State | ||||||
| 19 | Police and Federal Bureau of
Investigation.
Each petitioner | ||||||
| 20 | subject to this investigation, shall submit his or her
| ||||||
| 21 | fingerprints to the
Illinois Department of State Police in the | ||||||
| 22 | form and manner prescribed by the Illinois Department of State | ||||||
| 23 | Police. These fingerprints shall be checked against the | ||||||
| 24 | fingerprint records
now and hereafter filed in the Illinois | ||||||
| 25 | Department of State Police and Federal Bureau of Investigation | ||||||
| 26 | criminal history records
databases. The Illinois Department of | ||||||
| |||||||
| |||||||
| 1 | State Police shall charge
a fee for conducting the criminal | ||||||
| 2 | history records check, which shall be
deposited in the State | ||||||
| 3 | Police Services Fund and shall not exceed the actual
cost of | ||||||
| 4 | the records check.
The criminal background check required by
| ||||||
| 5 | this Section shall include a listing of when, where and by whom | ||||||
| 6 | the criminal
background check was prepared. The criminal | ||||||
| 7 | background check required by this
Section shall not be more | ||||||
| 8 | than two years old.
| ||||||
| 9 | Neither a clerk of the circuit court nor a judge may | ||||||
| 10 | require that a
criminal
background check or fingerprint review | ||||||
| 11 | be filed with, or at the same time as,
an initial petition for | ||||||
| 12 | adoption.
| ||||||
| 13 | B. Investigation; foreign-born child. In the case of a | ||||||
| 14 | child born
outside the United States or a territory thereof, in | ||||||
| 15 | addition to the
investigation required under subsection (A) of | ||||||
| 16 | this Section, a
post-placement investigation shall be | ||||||
| 17 | conducted in accordance with the
requirements of the Child Care | ||||||
| 18 | Act of 1969, the Interstate Compact on the
Placement of | ||||||
| 19 | Children, and the Intercountry Adoption Act of 2000.
| ||||||
| 20 | The requirements of a post-placement investigation shall | ||||||
| 21 | be deemed to
have been satisfied if a valid final order or | ||||||
| 22 | judgment of adoption has
been entered by a court of competent | ||||||
| 23 | jurisdiction in a country other than
the United States or a | ||||||
| 24 | territory thereof with respect to such child and
the | ||||||
| 25 | petitioners.
| ||||||
| 26 | C. Report of investigation. The court shall determine | ||||||
| |||||||
| |||||||
| 1 | whether the costs of
the investigation shall be charged to the | ||||||
| 2 | petitioners. The information obtained
as a result of such | ||||||
| 3 | investigation shall be presented to the court in a written
| ||||||
| 4 | report. The results of the criminal background check required | ||||||
| 5 | under subsection
(A) shall be provided to the court for its | ||||||
| 6 | review. The court may, in its
discretion, weigh the | ||||||
| 7 | significance of the results of the criminal background
check | ||||||
| 8 | against the entirety of the background of the petitioners. The | ||||||
| 9 | Court, in
its discretion, may accept the report of the | ||||||
| 10 | investigation previously made by a
licensed child welfare | ||||||
| 11 | agency, if made within one year prior to the entry of
the | ||||||
| 12 | judgment. Such report shall be treated as confidential and | ||||||
| 13 | withheld from
inspection unless findings adverse to the | ||||||
| 14 | petitioners or to the child sought to
be adopted are contained | ||||||
| 15 | therein, and in that event the court shall inform the
| ||||||
| 16 | petitioners of the relevant portions pertaining to the adverse | ||||||
| 17 | findings. In no
event shall any facts set forth in the report | ||||||
| 18 | be considered at the hearing of
the proceeding, unless | ||||||
| 19 | established by competent evidence. The report shall be
filed | ||||||
| 20 | with the record of the proceeding. If the file relating to the
| ||||||
| 21 | proceeding is not impounded, the report shall be impounded by | ||||||
| 22 | the clerk of the
court and shall be made available for | ||||||
| 23 | inspection only upon order of the court.
| ||||||
| 24 | D. Related adoption. Such investigation shall not be made | ||||||
| 25 | when the
petition seeks to adopt a related child or an adult | ||||||
| 26 | unless the court, in
its discretion, shall so order. In such an | ||||||
| |||||||
| |||||||
| 1 | event the court may appoint a
person deemed competent by the | ||||||
| 2 | court.
| ||||||
| 3 | (Source: P.A. 98-455, eff. 1-1-14.)
| ||||||
| 4 | (750 ILCS 50/12.3) | ||||||
| 5 | Sec. 12.3. Additional requirements in private adoptions. | ||||||
| 6 | In cases of adoptions in which an Illinois licensed child | ||||||
| 7 | welfare agency is not providing adoption services and the child | ||||||
| 8 | who is the subject of the adoption is not a related child of | ||||||
| 9 | the prospective adoptive parent and not under the custody or | ||||||
| 10 | guardianship of the Department of Children and Family Services | ||||||
| 11 | under the Juvenile Court Act of 1987, the following | ||||||
| 12 | requirements shall apply in addition to any other applicable | ||||||
| 13 | requirements set forth in Section 6 or other provisions of this | ||||||
| 14 | Act: | ||||||
| 15 | (1) Within 10 days of filing a petition for adoption | ||||||
| 16 | pursuant to Section 5 of this Act, the prospective adoptive | ||||||
| 17 | parents and anyone 18 years of age or older who resides in | ||||||
| 18 | the adoptive home must initiate requests for background | ||||||
| 19 | checks from the following: the State police and child abuse | ||||||
| 20 | registry from every state of residence for the 5 years | ||||||
| 21 | preceding the filing date of the petition, the FBI, the | ||||||
| 22 | National Sex Offender Registry, and, if Illinois | ||||||
| 23 | residents, from the Illinois State Police and Child Abuse | ||||||
| 24 | and Neglect Tracking System. The background checks must be | ||||||
| 25 | fingerprint-based, if available. The Child Abuse and | ||||||
| |||||||
| |||||||
| 1 | Neglect Tracking System background check must also be | ||||||
| 2 | requested for each person 13 to 17 years of age living in | ||||||
| 3 | the adoptive home. | ||||||
| 4 | (2) Within 30 days of filing a petition for adoption, | ||||||
| 5 | the results of the background checks set forth in paragraph | ||||||
| 6 | (1) of this Section shall be provided to the guardian ad | ||||||
| 7 | litem of the child appointed by the court or, should there | ||||||
| 8 | not be a guardian ad litem, to the investigator appointed | ||||||
| 9 | by the court pursuant to subsection A of Section 6 of this | ||||||
| 10 | Act. | ||||||
| 11 | (3) An initial assessment, including a home visit, must | ||||||
| 12 | be made by the guardian ad litem or the investigator | ||||||
| 13 | appointed by the court pursuant to subsection A of Section | ||||||
| 14 | 6 of this Act no later than 30 days of said appointment; | ||||||
| 15 | (4) As part of the investigation, the guardian ad litem | ||||||
| 16 | or the investigator appointed by the court pursuant to | ||||||
| 17 | subsection A of Section 6 of this Act must provide the | ||||||
| 18 | prospective adoptive parents with the Adoptive Parent | ||||||
| 19 | Rights and Responsibilities-Private Form set forth in | ||||||
| 20 | Section 12.2 of this Act. The prospective adoptive parent | ||||||
| 21 | or parents must sign the form acknowledging receipt of the | ||||||
| 22 | form, and the original form must be filed with the court at | ||||||
| 23 | the time of the issuance of the interim order, and a copy | ||||||
| 24 | must be provided to the prospective parent or parents; | ||||||
| 25 | (5) The attorney for the prospective adoptive parent or | ||||||
| 26 | parents or the birth parent or parents shall provide the | ||||||
| |||||||
| |||||||
| 1 | prospective adoptive parent or parents with the Birth | ||||||
| 2 | Parent Medical form or forms if completed by the birth | ||||||
| 3 | parent or parents as set forth in subsection A-2 of Section | ||||||
| 4 | 10 of this Act, as soon as practicable but no later than | ||||||
| 5 | the time of entry of the interim order; | ||||||
| 6 | (6) The guardian ad litem, or the court-appointed | ||||||
| 7 | investigator appointed pursuant to subsection A of Section | ||||||
| 8 | 6 of this Act, shall provide a report of investigation to | ||||||
| 9 | the Court within 6 months after appointment, or earlier if | ||||||
| 10 | so ordered by the court. | ||||||
| 11 | (7) The birth parent shall have the right to request to | ||||||
| 12 | receive counseling before and after signing a Final and | ||||||
| 13 | Irrevocable Consent to Adoption form, a Final and | ||||||
| 14 | Irrevocable Consent to Adoption by a Specified Person or | ||||||
| 15 | Persons: Non-DCFS Case form, or a Consent to Adoption of | ||||||
| 16 | Unborn Child form. The prospective adoptive parent or | ||||||
| 17 | parents may agree to pay for the cost of counseling in a | ||||||
| 18 | manner consistent with Illinois law, but the prospective | ||||||
| 19 | adoptive parent or parents are not required to do so.
| ||||||
| 20 | (Source: P.A. 99-833, eff. 1-1-17.)
| ||||||
| 21 | Section 1135. The Illinois Domestic Violence Act of 1986 is | ||||||
| 22 | amended by changing Sections 214, 217, 220, 222, 222.5, and 302 | ||||||
| 23 | as follows:
| ||||||
| 24 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 214. Order of protection; remedies.
| ||||||
| 2 | (a) Issuance of order. If the court finds that petitioner | ||||||
| 3 | has been
abused by a family or household member or that | ||||||
| 4 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
| 5 | or exploited, as defined in this Act,
an order of protection | ||||||
| 6 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
| 7 | provided that petitioner must also satisfy the requirements of
| ||||||
| 8 | one of the following Sections, as appropriate: Section 217 on | ||||||
| 9 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
| 10 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
| 11 | protection because petitioner or
respondent is a minor. The | ||||||
| 12 | court, when determining whether or not to issue
an order of | ||||||
| 13 | protection, shall not require physical manifestations of abuse
| ||||||
| 14 | on the person of the victim. Modification and extension of | ||||||
| 15 | prior
orders of protection shall be in accordance with this | ||||||
| 16 | Act.
| ||||||
| 17 | (b) Remedies and standards. The remedies to be included in | ||||||
| 18 | an order of
protection shall be determined in accordance with | ||||||
| 19 | this Section and one of
the following Sections, as appropriate: | ||||||
| 20 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
| 21 | and Section 219 on plenary orders. The
remedies listed in this | ||||||
| 22 | subsection shall be in addition to other civil or
criminal | ||||||
| 23 | remedies available to petitioner.
| ||||||
| 24 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
| 25 | Prohibit
respondent's harassment, interference with | ||||||
| 26 | personal liberty, intimidation
of a dependent, physical | ||||||
| |||||||
| |||||||
| 1 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
| 2 | defined in this Act, or stalking of the petitioner, as | ||||||
| 3 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
| 4 | such abuse, neglect,
exploitation, or stalking has | ||||||
| 5 | occurred or otherwise appears likely to occur if
not | ||||||
| 6 | prohibited.
| ||||||
| 7 | (2) Grant of exclusive possession of residence. | ||||||
| 8 | Prohibit respondent from
entering or remaining in any | ||||||
| 9 | residence, household, or premises of the petitioner,
| ||||||
| 10 | including one owned or leased by respondent, if petitioner | ||||||
| 11 | has a right to
occupancy thereof. The grant of exclusive | ||||||
| 12 | possession of the residence, household, or premises shall | ||||||
| 13 | not
affect title to real property, nor shall the court be | ||||||
| 14 | limited by the standard
set forth in subsection (c-2) of | ||||||
| 15 | Section 501 of the Illinois Marriage and Dissolution of | ||||||
| 16 | Marriage
Act.
| ||||||
| 17 | (A) Right to occupancy. A party has a right to | ||||||
| 18 | occupancy of a
residence or household if it is solely | ||||||
| 19 | or jointly owned or leased by that
party, that party's | ||||||
| 20 | spouse, a person with a legal duty to support that | ||||||
| 21 | party or
a minor child in that party's care, or by any | ||||||
| 22 | person or entity other than the
opposing party that | ||||||
| 23 | authorizes that party's occupancy (e.g., a domestic
| ||||||
| 24 | violence shelter). Standards set forth in subparagraph | ||||||
| 25 | (B) shall not preclude
equitable relief.
| ||||||
| 26 | (B) Presumption of hardships. If petitioner and | ||||||
| |||||||
| |||||||
| 1 | respondent
each has the right to occupancy of a | ||||||
| 2 | residence or household, the court
shall balance (i) the | ||||||
| 3 | hardships to respondent and any minor child or
| ||||||
| 4 | dependent adult in respondent's care resulting from | ||||||
| 5 | entry of this remedy with
(ii) the hardships to | ||||||
| 6 | petitioner and any minor child or dependent adult in
| ||||||
| 7 | petitioner's care resulting from continued exposure to | ||||||
| 8 | the risk of abuse
(should petitioner remain at the | ||||||
| 9 | residence or household) or from loss of
possession of | ||||||
| 10 | the residence or household (should petitioner leave to | ||||||
| 11 | avoid the
risk of abuse). When determining the balance | ||||||
| 12 | of hardships, the court shall
also take into account | ||||||
| 13 | the accessibility of the residence or household.
| ||||||
| 14 | Hardships need not be balanced if respondent does not | ||||||
| 15 | have a right to
occupancy.
| ||||||
| 16 | The balance of hardships is presumed to favor | ||||||
| 17 | possession by
petitioner unless the presumption is | ||||||
| 18 | rebutted by a preponderance of the
evidence, showing | ||||||
| 19 | that the hardships to respondent substantially | ||||||
| 20 | outweigh
the hardships to petitioner and any minor | ||||||
| 21 | child or dependent adult in
petitioner's care. The | ||||||
| 22 | court, on the request of petitioner or on its own
| ||||||
| 23 | motion, may order respondent to provide suitable, | ||||||
| 24 | accessible, alternate housing
for petitioner instead | ||||||
| 25 | of excluding respondent from a mutual residence or
| ||||||
| 26 | household.
| ||||||
| |||||||
| |||||||
| 1 | (3) Stay away order and additional prohibitions.
Order | ||||||
| 2 | respondent to stay away from petitioner or any other person
| ||||||
| 3 | protected by the order of protection, or prohibit | ||||||
| 4 | respondent from entering
or remaining present at | ||||||
| 5 | petitioner's school, place of employment, or other
| ||||||
| 6 | specified places at times when petitioner is present, or | ||||||
| 7 | both, if
reasonable, given the balance of hardships. | ||||||
| 8 | Hardships need not be balanced for
the court to enter a | ||||||
| 9 | stay away order or prohibit entry if respondent has no
| ||||||
| 10 | right to enter the premises.
| ||||||
| 11 | (A) If an order of protection grants petitioner | ||||||
| 12 | exclusive possession
of the residence, or prohibits | ||||||
| 13 | respondent from entering the residence,
or orders | ||||||
| 14 | respondent to stay away from petitioner or other
| ||||||
| 15 | protected persons, then the court may allow respondent | ||||||
| 16 | access to the
residence to remove items of clothing and | ||||||
| 17 | personal adornment
used exclusively by respondent, | ||||||
| 18 | medications, and other items as the court
directs. The | ||||||
| 19 | right to access shall be exercised on only one occasion | ||||||
| 20 | as the
court directs and in the presence of an | ||||||
| 21 | agreed-upon adult third party or law
enforcement | ||||||
| 22 | officer.
| ||||||
| 23 | (B) When the petitioner and the respondent attend | ||||||
| 24 | the same public, private, or non-public elementary, | ||||||
| 25 | middle, or high school, the court when issuing an order | ||||||
| 26 | of protection and providing relief shall consider the | ||||||
| |||||||
| |||||||
| 1 | severity of the act, any continuing physical danger or | ||||||
| 2 | emotional distress to the petitioner, the educational | ||||||
| 3 | rights guaranteed to the petitioner and respondent | ||||||
| 4 | under federal and State law, the availability of a | ||||||
| 5 | transfer of the respondent to another school, a change | ||||||
| 6 | of placement or a change of program of the respondent, | ||||||
| 7 | the expense, difficulty, and educational disruption | ||||||
| 8 | that would be caused by a transfer of the respondent to | ||||||
| 9 | another school, and any other relevant facts of the | ||||||
| 10 | case. The court may order that the respondent not | ||||||
| 11 | attend the public, private, or non-public elementary, | ||||||
| 12 | middle, or high school attended by the petitioner, | ||||||
| 13 | order that the respondent accept a change of placement | ||||||
| 14 | or change of program, as determined by the school | ||||||
| 15 | district or private or non-public school, or place | ||||||
| 16 | restrictions on the respondent's movements within the | ||||||
| 17 | school attended by the petitioner.
The respondent | ||||||
| 18 | bears the burden of proving by a preponderance of the | ||||||
| 19 | evidence that a transfer, change of placement, or | ||||||
| 20 | change of program of the respondent is not available. | ||||||
| 21 | The respondent also bears the burden of production with | ||||||
| 22 | respect to the expense, difficulty, and educational | ||||||
| 23 | disruption that would be caused by a transfer of the | ||||||
| 24 | respondent to another school. A transfer, change of | ||||||
| 25 | placement, or change of program is not unavailable to | ||||||
| 26 | the respondent solely on the ground that the respondent | ||||||
| |||||||
| |||||||
| 1 | does not agree with the school district's or private or | ||||||
| 2 | non-public school's transfer, change of placement, or | ||||||
| 3 | change of program or solely on the ground that the | ||||||
| 4 | respondent fails or refuses to consent or otherwise | ||||||
| 5 | does not take an action required to effectuate a | ||||||
| 6 | transfer, change of placement, or change of program.
| ||||||
| 7 | When a court orders a respondent to stay away from the | ||||||
| 8 | public, private, or non-public school attended by the | ||||||
| 9 | petitioner and the respondent requests a transfer to | ||||||
| 10 | another attendance center within the respondent's | ||||||
| 11 | school district or private or non-public school, the | ||||||
| 12 | school district or private or non-public school shall | ||||||
| 13 | have sole discretion to determine the attendance | ||||||
| 14 | center to which the respondent is transferred.
In the | ||||||
| 15 | event the court order results in a transfer of the | ||||||
| 16 | minor respondent to another attendance center, a | ||||||
| 17 | change in the respondent's placement, or a change of | ||||||
| 18 | the respondent's program, the parents, guardian, or | ||||||
| 19 | legal custodian of the respondent is responsible for | ||||||
| 20 | transportation and other costs associated with the | ||||||
| 21 | transfer or change. | ||||||
| 22 | (C) The court may order the parents, guardian, or | ||||||
| 23 | legal custodian of a minor respondent to take certain | ||||||
| 24 | actions or to refrain from taking certain actions to | ||||||
| 25 | ensure that the respondent complies with the order. In | ||||||
| 26 | the event the court orders a transfer of the respondent | ||||||
| |||||||
| |||||||
| 1 | to another school, the parents, guardian, or legal | ||||||
| 2 | custodian of the respondent is responsible for | ||||||
| 3 | transportation and other costs associated with the | ||||||
| 4 | change of school by the respondent. | ||||||
| 5 | (4) Counseling. Require or recommend the respondent to | ||||||
| 6 | undergo
counseling for a specified duration with a social | ||||||
| 7 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
| 8 | family service agency, alcohol or
substance abuse program, | ||||||
| 9 | mental health center guidance counselor, agency
providing | ||||||
| 10 | services to elders, program designed for domestic violence
| ||||||
| 11 | abusers or any other guidance service the court deems | ||||||
| 12 | appropriate. The Court may order the respondent in any | ||||||
| 13 | intimate partner relationship to report to an Illinois | ||||||
| 14 | Department of Human Services protocol approved partner | ||||||
| 15 | abuse intervention program for an assessment and to follow | ||||||
| 16 | all recommended treatment.
| ||||||
| 17 | (5) Physical care and possession of the minor child. In | ||||||
| 18 | order to protect
the minor child from abuse, neglect, or | ||||||
| 19 | unwarranted separation from the person
who has been the | ||||||
| 20 | minor child's primary caretaker, or to otherwise protect | ||||||
| 21 | the
well-being of the minor child, the court may do either | ||||||
| 22 | or both of the
following: (i) grant petitioner physical | ||||||
| 23 | care or possession of the minor child,
or both, or (ii) | ||||||
| 24 | order respondent to return a minor child to, or not remove | ||||||
| 25 | a
minor child from, the physical care of a parent or person | ||||||
| 26 | in loco parentis.
| ||||||
| |||||||
| |||||||
| 1 | If a court finds, after a hearing, that respondent has | ||||||
| 2 | committed abuse
(as defined in Section 103) of a minor | ||||||
| 3 | child, there shall be a
rebuttable presumption that | ||||||
| 4 | awarding physical care to respondent would not
be in the | ||||||
| 5 | minor child's best interest.
| ||||||
| 6 | (6) Temporary allocation of parental responsibilities: | ||||||
| 7 | significant decision-making. Award temporary | ||||||
| 8 | decision-making responsibility to petitioner
in accordance | ||||||
| 9 | with this Section, the Illinois Marriage and Dissolution of
| ||||||
| 10 | Marriage Act, the Illinois Parentage Act of 2015, and this | ||||||
| 11 | State's Uniform
Child-Custody Jurisdiction and Enforcement | ||||||
| 12 | Act.
| ||||||
| 13 | If a court finds, after a hearing, that respondent has | ||||||
| 14 | committed abuse (as
defined in Section 103) of a minor | ||||||
| 15 | child, there shall be a rebuttable
presumption that | ||||||
| 16 | awarding temporary significant decision-making | ||||||
| 17 | responsibility to respondent would not be in
the child's | ||||||
| 18 | best interest.
| ||||||
| 19 | (7) Parenting time. Determine the parenting time, if | ||||||
| 20 | any, of respondent in
any case in which the court awards | ||||||
| 21 | physical care or allocates temporary significant | ||||||
| 22 | decision-making responsibility of
a minor child to | ||||||
| 23 | petitioner. The court shall restrict or deny respondent's | ||||||
| 24 | parenting time
with a minor child if the court finds that | ||||||
| 25 | respondent has done or is
likely to do any of the | ||||||
| 26 | following: (i) abuse or endanger the minor child during | ||||||
| |||||||
| |||||||
| 1 | parenting time; (ii) use the parenting time as an | ||||||
| 2 | opportunity to abuse or harass
petitioner or petitioner's | ||||||
| 3 | family or household members; (iii) improperly
conceal or | ||||||
| 4 | detain the minor child; or (iv) otherwise act in a manner | ||||||
| 5 | that is
not in the best interests of the minor child. The | ||||||
| 6 | court shall not be limited
by the standards set forth in | ||||||
| 7 | Section 603.10 of the Illinois Marriage and
Dissolution of | ||||||
| 8 | Marriage Act. If the court grants parenting time, the order | ||||||
| 9 | shall
specify dates and times for the parenting time to | ||||||
| 10 | take place or other specific
parameters or conditions that | ||||||
| 11 | are appropriate. No order for parenting time shall
refer | ||||||
| 12 | merely to the term "reasonable parenting time".
| ||||||
| 13 | Petitioner may deny respondent access to the minor | ||||||
| 14 | child if, when
respondent arrives for parenting time, | ||||||
| 15 | respondent is under the influence of drugs
or alcohol and | ||||||
| 16 | constitutes a threat to the safety and well-being of
| ||||||
| 17 | petitioner or petitioner's minor children or is behaving in | ||||||
| 18 | a violent or
abusive manner.
| ||||||
| 19 | If necessary to protect any member of petitioner's | ||||||
| 20 | family or
household from future abuse, respondent shall be | ||||||
| 21 | prohibited from coming to
petitioner's residence to meet | ||||||
| 22 | the minor child for parenting time, and the
parties shall | ||||||
| 23 | submit to the court their recommendations for reasonable
| ||||||
| 24 | alternative arrangements for parenting time. A person may | ||||||
| 25 | be approved to
supervise parenting time only after filing | ||||||
| 26 | an affidavit accepting
that responsibility and | ||||||
| |||||||
| |||||||
| 1 | acknowledging accountability to the court.
| ||||||
| 2 | (8) Removal or concealment of minor child. Prohibit | ||||||
| 3 | respondent from
removing a minor child from the State or | ||||||
| 4 | concealing the child within the State.
| ||||||
| 5 | (9) Order to appear. Order the respondent to appear in | ||||||
| 6 | court, alone
or with a minor child, to prevent abuse, | ||||||
| 7 | neglect, removal or concealment of
the child, to return the | ||||||
| 8 | child to the custody or care of the petitioner or
to permit | ||||||
| 9 | any court-ordered interview or examination of the child or | ||||||
| 10 | the
respondent.
| ||||||
| 11 | (10) Possession of personal property. Grant petitioner | ||||||
| 12 | exclusive
possession of personal property and, if | ||||||
| 13 | respondent has possession or
control, direct respondent to | ||||||
| 14 | promptly make it available to petitioner, if:
| ||||||
| 15 | (i) petitioner, but not respondent, owns the | ||||||
| 16 | property; or
| ||||||
| 17 | (ii) the parties own the property jointly; sharing | ||||||
| 18 | it would risk
abuse of petitioner by respondent or is | ||||||
| 19 | impracticable; and the balance of
hardships favors | ||||||
| 20 | temporary possession by petitioner.
| ||||||
| 21 | If petitioner's sole claim to ownership of the property | ||||||
| 22 | is that it is
marital property, the court may award | ||||||
| 23 | petitioner temporary possession
thereof under the | ||||||
| 24 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
| 25 | proper proceeding has been filed under the Illinois | ||||||
| 26 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
| |||||||
| |||||||
| 1 | hereafter amended.
| ||||||
| 2 | No order under this provision shall affect title to | ||||||
| 3 | property.
| ||||||
| 4 | (11) Protection of property. Forbid the respondent | ||||||
| 5 | from taking,
transferring, encumbering, concealing, | ||||||
| 6 | damaging or otherwise disposing of
any real or personal | ||||||
| 7 | property, except as explicitly authorized by the
court, if:
| ||||||
| 8 | (i) petitioner, but not respondent, owns the | ||||||
| 9 | property; or
| ||||||
| 10 | (ii) the parties own the property jointly,
and the | ||||||
| 11 | balance of hardships favors granting this remedy.
| ||||||
| 12 | If petitioner's sole claim to ownership of the property | ||||||
| 13 | is that it is
marital property, the court may grant | ||||||
| 14 | petitioner relief under subparagraph
(ii) of this | ||||||
| 15 | paragraph only if a proper proceeding has been filed under | ||||||
| 16 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
| 17 | now or hereafter amended.
| ||||||
| 18 | The court may further prohibit respondent from | ||||||
| 19 | improperly using the
financial or other resources of an | ||||||
| 20 | aged member of the family or household
for the profit or | ||||||
| 21 | advantage of respondent or of any other person.
| ||||||
| 22 | (11.5) Protection of animals. Grant the petitioner the | ||||||
| 23 | exclusive care, custody, or control of any animal owned, | ||||||
| 24 | possessed, leased, kept, or held by either the petitioner | ||||||
| 25 | or the respondent or a minor child residing in the | ||||||
| 26 | residence or household of either the petitioner or the | ||||||
| |||||||
| |||||||
| 1 | respondent and order the respondent to stay away from the | ||||||
| 2 | animal and forbid the respondent from taking, | ||||||
| 3 | transferring, encumbering, concealing, harming, or | ||||||
| 4 | otherwise disposing of the animal.
| ||||||
| 5 | (12) Order for payment of support. Order respondent to | ||||||
| 6 | pay temporary
support for the petitioner or any child in | ||||||
| 7 | the petitioner's care or over whom the petitioner has been | ||||||
| 8 | allocated parental responsibility, when the respondent has | ||||||
| 9 | a legal obligation to support that person,
in accordance | ||||||
| 10 | with the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
| 11 | which shall govern, among other matters, the amount of
| ||||||
| 12 | support, payment through the clerk and withholding of | ||||||
| 13 | income to secure
payment. An order for child support may be | ||||||
| 14 | granted to a petitioner with
lawful physical care of a | ||||||
| 15 | child, or an order or agreement for
physical care of a | ||||||
| 16 | child, prior to entry of an order allocating significant | ||||||
| 17 | decision-making responsibility.
Such a support order shall | ||||||
| 18 | expire upon entry of a valid order allocating parental | ||||||
| 19 | responsibility differently and vacating the petitioner's | ||||||
| 20 | significant decision-making authority, unless otherwise | ||||||
| 21 | provided in the order.
| ||||||
| 22 | (13) Order for payment of losses. Order respondent to | ||||||
| 23 | pay petitioner for
losses suffered as a direct result of | ||||||
| 24 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
| 25 | include, but not be limited to, medical expenses, lost
| ||||||
| 26 | earnings or other support, repair or replacement of | ||||||
| |||||||
| |||||||
| 1 | property damaged or taken,
reasonable attorney's fees, | ||||||
| 2 | court costs and moving or other travel expenses,
including | ||||||
| 3 | additional reasonable expenses for temporary shelter and | ||||||
| 4 | restaurant
meals.
| ||||||
| 5 | (i) Losses affecting family needs. If a party is | ||||||
| 6 | entitled to seek
maintenance, child support or | ||||||
| 7 | property distribution from the other party
under the | ||||||
| 8 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
| 9 | now or
hereafter amended, the court may order | ||||||
| 10 | respondent to reimburse petitioner's
actual losses, to | ||||||
| 11 | the extent that such reimbursement would be | ||||||
| 12 | "appropriate
temporary relief", as authorized by | ||||||
| 13 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
| 14 | (ii) Recovery of expenses. In the case of an | ||||||
| 15 | improper concealment
or removal of a minor child, the | ||||||
| 16 | court may order respondent to pay the
reasonable | ||||||
| 17 | expenses incurred or to be incurred in the search for | ||||||
| 18 | and recovery
of the minor child, including but not | ||||||
| 19 | limited to legal fees, court costs,
private | ||||||
| 20 | investigator fees, and travel costs.
| ||||||
| 21 | (14) Prohibition of entry. Prohibit the respondent | ||||||
| 22 | from entering or
remaining in the residence or household | ||||||
| 23 | while the respondent is under the
influence of alcohol or | ||||||
| 24 | drugs and constitutes a threat to the safety and
well-being | ||||||
| 25 | of the petitioner or the petitioner's children.
| ||||||
| 26 | (14.5) Prohibition of firearm possession.
| ||||||
| |||||||
| |||||||
| 1 | (a) Prohibit a respondent against whom an order of | ||||||
| 2 | protection was issued from possessing any firearms | ||||||
| 3 | during the duration of the order if the order: | ||||||
| 4 | (1) was issued after a hearing of which such | ||||||
| 5 | person received
actual notice, and at which such | ||||||
| 6 | person had an opportunity to
participate; | ||||||
| 7 | (2) restrains such person from harassing, | ||||||
| 8 | stalking, or
threatening an intimate partner of | ||||||
| 9 | such person or child of such
intimate partner or | ||||||
| 10 | person, or engaging in other conduct that
would | ||||||
| 11 | place an intimate partner in reasonable fear of | ||||||
| 12 | bodily
injury to the partner or child; and | ||||||
| 13 | (3)(i) includes a finding that such person | ||||||
| 14 | represents a
credible threat to the physical | ||||||
| 15 | safety of such intimate partner
or child; or
(ii) | ||||||
| 16 | by its terms explicitly prohibits the use, | ||||||
| 17 | attempted
use, or threatened use of physical force | ||||||
| 18 | against such intimate
partner or child that would | ||||||
| 19 | reasonably be expected to cause
bodily injury. | ||||||
| 20 | Any Firearm Owner's Identification Card in the
| ||||||
| 21 | possession of the respondent, except as provided in | ||||||
| 22 | subsection (b), shall be ordered by the court to be | ||||||
| 23 | turned
over to the local law enforcement agency. The | ||||||
| 24 | local law enforcement agency shall immediately mail | ||||||
| 25 | the card to the Illinois Department of State Police | ||||||
| 26 | Firearm Owner's Identification Card Office
for | ||||||
| |||||||
| |||||||
| 1 | safekeeping. The court shall
issue a warrant for | ||||||
| 2 | seizure of any firearm in the possession of the | ||||||
| 3 | respondent, to be kept by the local law enforcement | ||||||
| 4 | agency for safekeeping, except as provided in | ||||||
| 5 | subsection (b).
The period of safekeeping shall be for | ||||||
| 6 | the duration of the order of protection. The firearm or | ||||||
| 7 | firearms and Firearm Owner's Identification Card, if | ||||||
| 8 | unexpired, shall at the respondent's request, be | ||||||
| 9 | returned to the respondent at the end
of the order of | ||||||
| 10 | protection. It is the respondent's responsibility to | ||||||
| 11 | notify the Illinois Department of State Police Firearm | ||||||
| 12 | Owner's Identification Card Office.
| ||||||
| 13 | (b) If the respondent is a peace officer as defined | ||||||
| 14 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
| 15 | shall order that any firearms used by the
respondent in | ||||||
| 16 | the performance of his or her duties as a
peace officer | ||||||
| 17 | be surrendered to
the chief law enforcement executive | ||||||
| 18 | of the agency in which the respondent is
employed, who | ||||||
| 19 | shall retain the firearms for safekeeping for the | ||||||
| 20 | duration of the order of protection.
| ||||||
| 21 | (c) Upon expiration of the period of safekeeping, | ||||||
| 22 | if the firearms or Firearm Owner's Identification Card | ||||||
| 23 | cannot be returned to respondent because respondent | ||||||
| 24 | cannot be located, fails to respond to requests to | ||||||
| 25 | retrieve the firearms, or is not lawfully eligible to | ||||||
| 26 | possess a firearm, upon petition from the local law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency, the court may order the local law | ||||||
| 2 | enforcement agency to destroy the firearms, use the | ||||||
| 3 | firearms for training purposes, or for any other | ||||||
| 4 | application as deemed appropriate by the local law | ||||||
| 5 | enforcement agency; or that the firearms be turned over | ||||||
| 6 | to a third party who is lawfully eligible to possess | ||||||
| 7 | firearms, and who does not reside with respondent. | ||||||
| 8 | (15) Prohibition of access to records. If an order of | ||||||
| 9 | protection
prohibits respondent from having contact with | ||||||
| 10 | the minor child,
or if petitioner's address is omitted | ||||||
| 11 | under subsection (b) of
Section 203, or if necessary to | ||||||
| 12 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
| 13 | child, the order shall deny respondent access to, and
| ||||||
| 14 | prohibit respondent from inspecting, obtaining, or | ||||||
| 15 | attempting to
inspect or obtain, school or any other | ||||||
| 16 | records of the minor child
who is in the care of | ||||||
| 17 | petitioner.
| ||||||
| 18 | (16) Order for payment of shelter services. Order | ||||||
| 19 | respondent to
reimburse a shelter providing temporary | ||||||
| 20 | housing and counseling services to
the petitioner for the | ||||||
| 21 | cost of the services, as certified by the shelter
and | ||||||
| 22 | deemed reasonable by the court.
| ||||||
| 23 | (17) Order for injunctive relief. Enter injunctive | ||||||
| 24 | relief necessary
or appropriate to prevent further abuse of | ||||||
| 25 | a family or household member
or further abuse, neglect, or | ||||||
| 26 | exploitation of a high-risk adult with
disabilities or to | ||||||
| |||||||
| |||||||
| 1 | effectuate one of the granted remedies, if supported by the
| ||||||
| 2 | balance of hardships. If the harm to be prevented by the | ||||||
| 3 | injunction is abuse
or any other harm that one of the | ||||||
| 4 | remedies listed in paragraphs (1) through
(16) of this | ||||||
| 5 | subsection is designed to prevent, no further evidence is
| ||||||
| 6 | necessary that the harm is an irreparable injury.
| ||||||
| 7 | (18) Telephone services. | ||||||
| 8 | (A) Unless a condition described in subparagraph | ||||||
| 9 | (B) of this paragraph exists, the court may, upon | ||||||
| 10 | request by the petitioner, order a wireless telephone | ||||||
| 11 | service provider to transfer to the petitioner the | ||||||
| 12 | right to continue to use a telephone number or numbers | ||||||
| 13 | indicated by the petitioner and the financial | ||||||
| 14 | responsibility associated with the number or numbers, | ||||||
| 15 | as set forth in subparagraph (C) of this paragraph. For | ||||||
| 16 | purposes of this paragraph (18), the term "wireless | ||||||
| 17 | telephone service provider" means a provider of | ||||||
| 18 | commercial mobile service as defined in 47 U.S.C. 332. | ||||||
| 19 | The petitioner may request the transfer of each | ||||||
| 20 | telephone number that the petitioner, or a minor child | ||||||
| 21 | in his or her custody, uses. The clerk of the court | ||||||
| 22 | shall serve the order on the wireless telephone service | ||||||
| 23 | provider's agent for service of process provided to the | ||||||
| 24 | Illinois Commerce Commission. The order shall contain | ||||||
| 25 | all of the following: | ||||||
| 26 | (i) The name and billing telephone number of | ||||||
| |||||||
| |||||||
| 1 | the account holder including the name of the | ||||||
| 2 | wireless telephone service provider that serves | ||||||
| 3 | the account. | ||||||
| 4 | (ii) Each telephone number that will be | ||||||
| 5 | transferred. | ||||||
| 6 | (iii) A statement that the provider transfers | ||||||
| 7 | to the petitioner all financial responsibility for | ||||||
| 8 | and right to the use of any telephone number | ||||||
| 9 | transferred under this paragraph. | ||||||
| 10 | (B) A wireless telephone service provider shall | ||||||
| 11 | terminate the respondent's use of, and shall transfer | ||||||
| 12 | to the petitioner use of, the telephone number or | ||||||
| 13 | numbers indicated in subparagraph (A) of this | ||||||
| 14 | paragraph unless it notifies the petitioner, within 72 | ||||||
| 15 | hours after it receives the order, that one of the | ||||||
| 16 | following applies: | ||||||
| 17 | (i) The account holder named in the order has | ||||||
| 18 | terminated the account. | ||||||
| 19 | (ii) A difference in network technology would | ||||||
| 20 | prevent or impair the functionality of a device on | ||||||
| 21 | a network if the transfer occurs. | ||||||
| 22 | (iii) The transfer would cause a geographic or | ||||||
| 23 | other limitation on network or service provision | ||||||
| 24 | to the petitioner. | ||||||
| 25 | (iv) Another technological or operational | ||||||
| 26 | issue would prevent or impair the use of the | ||||||
| |||||||
| |||||||
| 1 | telephone number if the transfer occurs. | ||||||
| 2 | (C) The petitioner assumes all financial | ||||||
| 3 | responsibility for and right to the use of any | ||||||
| 4 | telephone number transferred under this paragraph. In | ||||||
| 5 | this paragraph, "financial responsibility" includes | ||||||
| 6 | monthly service costs and costs associated with any | ||||||
| 7 | mobile device associated with the number. | ||||||
| 8 | (D) A wireless telephone service provider may | ||||||
| 9 | apply to the petitioner its routine and customary | ||||||
| 10 | requirements for establishing an account or | ||||||
| 11 | transferring a number, including requiring the | ||||||
| 12 | petitioner to provide proof of identification, | ||||||
| 13 | financial information, and customer preferences.
| ||||||
| 14 | (E) Except for willful or wanton misconduct, a | ||||||
| 15 | wireless telephone service provider is immune from | ||||||
| 16 | civil liability for its actions taken in compliance | ||||||
| 17 | with a court order issued under this paragraph. | ||||||
| 18 | (F) All wireless service providers that provide | ||||||
| 19 | services to residential customers shall provide to the | ||||||
| 20 | Illinois Commerce Commission the name and address of an | ||||||
| 21 | agent for service of orders entered under this | ||||||
| 22 | paragraph (18). Any change in status of the registered | ||||||
| 23 | agent must be reported to the Illinois Commerce | ||||||
| 24 | Commission within 30 days of such change. | ||||||
| 25 | (G) The Illinois Commerce Commission shall | ||||||
| 26 | maintain the list of registered agents for service for | ||||||
| |||||||
| |||||||
| 1 | each wireless telephone service provider on the | ||||||
| 2 | Commission's website. The Commission may consult with | ||||||
| 3 | wireless telephone service providers and the Circuit | ||||||
| 4 | Court Clerks on the manner in which this information is | ||||||
| 5 | provided and displayed. | ||||||
| 6 | (c) Relevant factors; findings.
| ||||||
| 7 | (1) In determining whether to grant a specific remedy, | ||||||
| 8 | other than
payment of support, the court shall consider
| ||||||
| 9 | relevant factors, including but not limited to the | ||||||
| 10 | following:
| ||||||
| 11 | (i) the nature, frequency, severity, pattern and | ||||||
| 12 | consequences of the
respondent's past abuse, neglect | ||||||
| 13 | or exploitation of the petitioner or
any family or | ||||||
| 14 | household member, including the concealment of his or | ||||||
| 15 | her
location in order to evade service of process or | ||||||
| 16 | notice, and the likelihood of
danger of future abuse, | ||||||
| 17 | neglect, or exploitation to petitioner or any member of
| ||||||
| 18 | petitioner's or respondent's family or household; and
| ||||||
| 19 | (ii) the danger that any minor child will be abused | ||||||
| 20 | or neglected or
improperly relocated from the | ||||||
| 21 | jurisdiction, improperly concealed within the
State or | ||||||
| 22 | improperly separated from the child's primary | ||||||
| 23 | caretaker.
| ||||||
| 24 | (2) In comparing relative hardships resulting to the | ||||||
| 25 | parties from loss
of possession of the family home, the | ||||||
| 26 | court shall consider relevant
factors, including but not | ||||||
| |||||||
| |||||||
| 1 | limited to the following:
| ||||||
| 2 | (i) availability, accessibility, cost, safety, | ||||||
| 3 | adequacy, location and
other characteristics of | ||||||
| 4 | alternate housing for each party and any minor child
or | ||||||
| 5 | dependent adult in the party's care;
| ||||||
| 6 | (ii) the effect on the party's employment; and
| ||||||
| 7 | (iii) the effect on the relationship of the party, | ||||||
| 8 | and any minor
child or dependent adult in the party's | ||||||
| 9 | care, to family, school, church
and community.
| ||||||
| 10 | (3) Subject to the exceptions set forth in paragraph | ||||||
| 11 | (4) of this
subsection, the court shall make its findings | ||||||
| 12 | in an official record or in
writing, and shall at a minimum | ||||||
| 13 | set forth the following:
| ||||||
| 14 | (i) That the court has considered the applicable | ||||||
| 15 | relevant factors
described in paragraphs (1) and (2) of | ||||||
| 16 | this subsection.
| ||||||
| 17 | (ii) Whether the conduct or actions of respondent, | ||||||
| 18 | unless
prohibited, will likely cause irreparable harm | ||||||
| 19 | or continued abuse.
| ||||||
| 20 | (iii) Whether it is necessary to grant the | ||||||
| 21 | requested relief in order
to protect petitioner or | ||||||
| 22 | other alleged abused persons.
| ||||||
| 23 | (4) For purposes of issuing an ex parte emergency order | ||||||
| 24 | of protection,
the court, as an alternative to or as a | ||||||
| 25 | supplement to making the findings
described in paragraphs | ||||||
| 26 | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||||||
| |||||||
| |||||||
| 1 | the following procedure:
| ||||||
| 2 | When a verified petition for an emergency order of | ||||||
| 3 | protection in
accordance with the requirements of Sections | ||||||
| 4 | 203 and 217 is
presented to the court, the court shall | ||||||
| 5 | examine petitioner on oath or
affirmation. An emergency | ||||||
| 6 | order of protection shall be issued by the court
if it | ||||||
| 7 | appears from the contents of the petition and the | ||||||
| 8 | examination of
petitioner that the averments are | ||||||
| 9 | sufficient to indicate abuse by
respondent and to support | ||||||
| 10 | the granting of relief under the issuance of the
emergency | ||||||
| 11 | order of protection.
| ||||||
| 12 | (5) Never married parties. No rights or | ||||||
| 13 | responsibilities for a minor
child born outside of marriage | ||||||
| 14 | attach to a putative father until a father and
child | ||||||
| 15 | relationship has been established under the Illinois | ||||||
| 16 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
| 17 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
| 18 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
| 19 | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | ||||||
| 20 | Support Act, the Uniform Interstate Family Support
Act, the | ||||||
| 21 | Expedited Child Support Act of 1990, any judicial, | ||||||
| 22 | administrative, or
other act of another state or territory, | ||||||
| 23 | any other Illinois statute, or by any
foreign nation | ||||||
| 24 | establishing the father and child relationship, any other
| ||||||
| 25 | proceeding substantially in conformity with the Personal | ||||||
| 26 | Responsibility and
Work Opportunity Reconciliation Act of | ||||||
| |||||||
| |||||||
| 1 | 1996 (Pub. L. 104-193), or where both
parties appeared in | ||||||
| 2 | open court or at an administrative hearing acknowledging
| ||||||
| 3 | under
oath or admitting by affirmation the existence of a | ||||||
| 4 | father and child
relationship.
Absent such an | ||||||
| 5 | adjudication, finding, or acknowledgment, no putative
| ||||||
| 6 | father shall be granted
temporary allocation of parental | ||||||
| 7 | responsibilities, including parenting time with the minor | ||||||
| 8 | child, or
physical care and possession of the minor child, | ||||||
| 9 | nor shall an order of payment
for support of the minor | ||||||
| 10 | child be entered.
| ||||||
| 11 | (d) Balance of hardships; findings. If the court finds that | ||||||
| 12 | the balance
of hardships does not support the granting of a | ||||||
| 13 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
| 14 | subsection (b) of this Section,
which may require such | ||||||
| 15 | balancing, the court's findings shall so
indicate and shall | ||||||
| 16 | include a finding as to whether granting the remedy will
result | ||||||
| 17 | in hardship to respondent that would substantially outweigh the | ||||||
| 18 | hardship
to petitioner from denial of the remedy. The findings | ||||||
| 19 | shall be an official
record or in writing.
| ||||||
| 20 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
| 21 | based, in
whole or in part, on evidence that:
| ||||||
| 22 | (1) Respondent has cause for any use of force, unless | ||||||
| 23 | that cause
satisfies the standards for justifiable use of | ||||||
| 24 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
| 25 | (2) Respondent was voluntarily intoxicated;
| ||||||
| 26 | (3) Petitioner acted in self-defense or defense of | ||||||
| |||||||
| |||||||
| 1 | another, provided
that, if petitioner utilized force, such | ||||||
| 2 | force was justifiable under
Article 7 of the Criminal Code | ||||||
| 3 | of 2012;
| ||||||
| 4 | (4) Petitioner did not act in self-defense or defense | ||||||
| 5 | of another;
| ||||||
| 6 | (5) Petitioner left the residence or household to avoid | ||||||
| 7 | further abuse,
neglect, or exploitation by respondent;
| ||||||
| 8 | (6) Petitioner did not leave the residence or household | ||||||
| 9 | to avoid further
abuse, neglect, or exploitation by | ||||||
| 10 | respondent;
| ||||||
| 11 | (7) Conduct by any family or household member excused | ||||||
| 12 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
| 13 | that same conduct would have
excused such abuse, neglect, | ||||||
| 14 | or exploitation if the parties had not been
family or | ||||||
| 15 | household members.
| ||||||
| 16 | (Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, | ||||||
| 17 | eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
| 18 | 100-923, eff. 1-1-19.)
| ||||||
| 19 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| ||||||
| 20 | Sec. 217. Emergency order of protection.
| ||||||
| 21 | (a) Prerequisites. An emergency order of protection shall | ||||||
| 22 | issue if
petitioner satisfies the requirements of this | ||||||
| 23 | subsection for one or more of the
requested remedies. For each | ||||||
| 24 | remedy requested, petitioner shall establish
that:
| ||||||
| 25 | (1) The court has jurisdiction under Section 208;
| ||||||
| |||||||
| |||||||
| 1 | (2) The requirements of Section 214 are satisfied; and
| ||||||
| 2 | (3) There is good cause to grant the remedy, regardless | ||||||
| 3 | of prior service
of process or of notice upon the | ||||||
| 4 | respondent, because:
| ||||||
| 5 | (i) For
the remedies of "prohibition of abuse" | ||||||
| 6 | described in
Section 214(b)(1), "stay away order and | ||||||
| 7 | additional prohibitions" described in
Section
| ||||||
| 8 | 214(b)(3), "removal or concealment of minor child" | ||||||
| 9 | described in Section
214(b)(8), "order to appear" | ||||||
| 10 | described in Section 214(b)(9), "physical
care and | ||||||
| 11 | possession of the minor child" described in Section | ||||||
| 12 | 214(b)(5),
"protection of property" described in | ||||||
| 13 | Section 214(b)(11), "prohibition
of entry" described | ||||||
| 14 | in Section 214(b)(14), "prohibition of firearm | ||||||
| 15 | possession" described in Section 214(b)(14.5), | ||||||
| 16 | "prohibition of access to
records" described in | ||||||
| 17 | Section 214(b)(15), and "injunctive relief"
described | ||||||
| 18 | in Section 214(b)(16), the harm which that remedy
is | ||||||
| 19 | intended to prevent would be likely to occur if the | ||||||
| 20 | respondent were given
any prior notice, or greater | ||||||
| 21 | notice than was actually given, of the
petitioner's | ||||||
| 22 | efforts to obtain judicial relief;
| ||||||
| 23 | (ii) For the remedy of "grant of exclusive | ||||||
| 24 | possession of
residence" described in Section | ||||||
| 25 | 214(b)(2), the immediate danger of further
abuse of | ||||||
| 26 | petitioner by respondent,
if petitioner chooses or had | ||||||
| |||||||
| |||||||
| 1 | chosen to remain in the residence or household
while | ||||||
| 2 | respondent was given any prior notice or greater notice | ||||||
| 3 | than was
actually given of petitioner's efforts to | ||||||
| 4 | obtain judicial relief,
outweighs the hardships to | ||||||
| 5 | respondent of an emergency order
granting petitioner | ||||||
| 6 | exclusive possession of the residence or household.
| ||||||
| 7 | This remedy shall not be denied because petitioner has | ||||||
| 8 | or could obtain
temporary shelter elsewhere while | ||||||
| 9 | prior notice is given to respondent, unless
the
| ||||||
| 10 | hardships to respondent from exclusion from the home | ||||||
| 11 | substantially outweigh
those to petitioner;
| ||||||
| 12 | (iii) For the remedy of "possession of personal | ||||||
| 13 | property"
described in
Section 214(b)(10), improper | ||||||
| 14 | disposition of the personal
property would be likely
to | ||||||
| 15 | occur if respondent were given any prior notice, or | ||||||
| 16 | greater notice than
was actually given, of | ||||||
| 17 | petitioner's efforts to obtain judicial relief, or
| ||||||
| 18 | petitioner has an immediate and pressing need for | ||||||
| 19 | possession of that property.
| ||||||
| 20 | An emergency order may not include the counseling, legal | ||||||
| 21 | custody, payment
of support or monetary compensation remedies.
| ||||||
| 22 | (a-5) When a petition for an emergency order of protection | ||||||
| 23 | is granted, the order shall not be publicly available until the | ||||||
| 24 | order is served on the respondent. | ||||||
| 25 | (b) Appearance by respondent.
If respondent appears in | ||||||
| 26 | court for this hearing for an emergency order,
he or she may | ||||||
| |||||||
| |||||||
| 1 | elect to file a general appearance and testify.
Any resulting | ||||||
| 2 | order may be an emergency order, governed
by this Section.
| ||||||
| 3 | Notwithstanding the requirements of this Section, if all | ||||||
| 4 | requirements of
Section 218 have been met, the court may issue | ||||||
| 5 | a 30-day interim order.
| ||||||
| 6 | (c) Emergency orders: court holidays and evenings.
| ||||||
| 7 | (1) Prerequisites. When the court is unavailable at the | ||||||
| 8 | close of
business, the petitioner may file a petition for a | ||||||
| 9 | 21-day emergency order
before any available circuit judge | ||||||
| 10 | or associate judge who may grant relief
under this Act. If | ||||||
| 11 | the judge finds that there is an immediate and present
| ||||||
| 12 | danger of abuse to petitioner and that petitioner has | ||||||
| 13 | satisfied the
prerequisites set forth in subsection (a) of | ||||||
| 14 | Section 217, that judge may
issue an emergency order of | ||||||
| 15 | protection.
| ||||||
| 16 | (1.5) Issuance of order. The chief judge of the circuit | ||||||
| 17 | court
may designate for each county in the circuit at least | ||||||
| 18 | one judge to be
reasonably available to
issue orally, by | ||||||
| 19 | telephone, by facsimile, or otherwise, an emergency
order | ||||||
| 20 | of protection at all times, whether or not the court is in | ||||||
| 21 | session.
| ||||||
| 22 | (2) Certification and transfer. The judge who issued | ||||||
| 23 | the order under this Section shall promptly communicate or | ||||||
| 24 | convey the order to the sheriff to facilitate the entry of | ||||||
| 25 | the order into the Law Enforcement Agencies Data System by | ||||||
| 26 | the Illinois Department of State Police pursuant to Section | ||||||
| |||||||
| |||||||
| 1 | 302. Any order issued under this Section and
any | ||||||
| 2 | documentation in support thereof shall be certified on the | ||||||
| 3 | next court
day to the appropriate court. The clerk of that | ||||||
| 4 | court shall immediately
assign a case number, file the | ||||||
| 5 | petition, order and other documents with the
court, and | ||||||
| 6 | enter the order of record and file it with the sheriff for
| ||||||
| 7 | service, in accordance with Section 222. Filing the | ||||||
| 8 | petition
shall commence proceedings for further relief | ||||||
| 9 | under Section 202.
Failure to comply with the requirements | ||||||
| 10 | of this subsection shall not
affect the validity of the | ||||||
| 11 | order.
| ||||||
| 12 | (Source: P.A. 101-255, eff. 1-1-20.)
| ||||||
| 13 | (750 ILCS 60/220) (from Ch. 40, par. 2312-20)
| ||||||
| 14 | Sec. 220. Duration and extension of orders.
| ||||||
| 15 | (a) Duration of emergency and interim orders. Unless | ||||||
| 16 | re-opened or
extended or voided by entry of an order of greater | ||||||
| 17 | duration:
| ||||||
| 18 | (1) Emergency orders issued under Section 217 shall be | ||||||
| 19 | effective for
not less than 14 nor more than 21 days;
| ||||||
| 20 | (2) Interim orders shall be effective for up to 30 | ||||||
| 21 | days.
| ||||||
| 22 | (b) Duration of plenary orders. | ||||||
| 23 | (0.05) A plenary order of protection entered under this | ||||||
| 24 | Act shall be valid for a fixed period of
time, not to | ||||||
| 25 | exceed two years.
| ||||||
| |||||||
| |||||||
| 1 | (1) A plenary order of protection entered in | ||||||
| 2 | conjunction with another
civil
proceeding shall remain in | ||||||
| 3 | effect as follows:
| ||||||
| 4 | (i) if entered as preliminary relief in that other | ||||||
| 5 | proceeding, until
entry of final judgment in
that other | ||||||
| 6 | proceeding;
| ||||||
| 7 | (ii) if incorporated into the final judgment in | ||||||
| 8 | that other
proceeding, until the order of protection is | ||||||
| 9 | vacated or modified; or
| ||||||
| 10 | (iii) if incorporated in an order for involuntary | ||||||
| 11 | commitment, until
termination of both the involuntary | ||||||
| 12 | commitment and any voluntary
commitment, or for a fixed | ||||||
| 13 | period of time not exceeding 2 years.
| ||||||
| 14 | (2) Duration of an order of protection entered in | ||||||
| 15 | conjunction with a criminal
prosecution or delinquency | ||||||
| 16 | petition shall remain in effect as provided in Section | ||||||
| 17 | 112A-20 of the Code of Criminal Procedure of 1963.
| ||||||
| 18 | (c) Computation of time. The duration of an order of | ||||||
| 19 | protection shall
not be reduced by the duration of any prior | ||||||
| 20 | order of protection.
| ||||||
| 21 | (d) Law enforcement records. When a plenary order of | ||||||
| 22 | protection expires
upon the occurrence of a specified event, | ||||||
| 23 | rather than upon a specified date
as provided in subsection | ||||||
| 24 | (b), no expiration date shall be entered in
Illinois Department | ||||||
| 25 | of State Police records. To remove the plenary order from those
| ||||||
| 26 | records, either party shall request the clerk of the court to | ||||||
| |||||||
| |||||||
| 1 | file a
certified copy of an order stating that the specified | ||||||
| 2 | event has occurred or
that the plenary order has been vacated | ||||||
| 3 | or modified with the Sheriff, and the
Sheriff shall direct that | ||||||
| 4 | law enforcement records shall be promptly
corrected in | ||||||
| 5 | accordance with the filed order.
| ||||||
| 6 | (e) Extension of orders. Any emergency, interim or plenary | ||||||
| 7 | order
may be extended one or more times, as required, provided | ||||||
| 8 | that
the requirements of Section 217, 218 or 219, as | ||||||
| 9 | appropriate, are satisfied.
If the motion for extension is | ||||||
| 10 | uncontested and petitioner seeks no
modification of the order,
| ||||||
| 11 | the order may be extended on the basis of petitioner's motion | ||||||
| 12 | or
affidavit stating that there has been no material change in | ||||||
| 13 | relevant
circumstances since entry of the order and stating the | ||||||
| 14 | reason for the
requested extension. An extension of a plenary | ||||||
| 15 | order of protection may be granted, upon good cause shown, to | ||||||
| 16 | remain in effect until the order of protection is vacated or | ||||||
| 17 | modified.
Extensions may be granted only in open court and not | ||||||
| 18 | under the provisions
of subsection (c) of Section 217, which | ||||||
| 19 | applies only when the court is
unavailable at the close of | ||||||
| 20 | business or on a court holiday.
| ||||||
| 21 | (f) Termination date. Any order of protection which would | ||||||
| 22 | expire on a
court holiday shall instead expire at the close of | ||||||
| 23 | the next court business day.
| ||||||
| 24 | (g) Statement of purpose. The practice of dismissing or | ||||||
| 25 | suspending a
criminal prosecution in exchange for the issuance | ||||||
| 26 | of an order of protection
undermines the purposes of this Act. | ||||||
| |||||||
| |||||||
| 1 | This Section shall not be construed
as encouraging that | ||||||
| 2 | practice.
| ||||||
| 3 | (Source: P.A. 100-199, eff. 1-1-18.)
| ||||||
| 4 | (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
| ||||||
| 5 | Sec. 222. Notice of orders.
| ||||||
| 6 | (a) Entry and issuance. Upon issuance of any order of | ||||||
| 7 | protection, the
clerk shall immediately
(i) enter the order on | ||||||
| 8 | the record and file it
in accordance with the circuit court | ||||||
| 9 | procedures and (ii) provide a file stamped
copy of the order to | ||||||
| 10 | respondent, if
present, and to petitioner.
| ||||||
| 11 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
| 12 | shall, or
the petitioner may, on the same day that an order of | ||||||
| 13 | protection is
issued, file a certified copy of that order with | ||||||
| 14 | the sheriff or other law
enforcement officials charged with | ||||||
| 15 | maintaining Illinois Department of State Police
records or | ||||||
| 16 | charged with serving the order upon respondent.
If the | ||||||
| 17 | respondent, at the time of the issuance of the order, is | ||||||
| 18 | committed to the custody of the Illinois Department of | ||||||
| 19 | Corrections or Illinois Department of Juvenile Justice or is on | ||||||
| 20 | parole, aftercare release, or mandatory supervised release, | ||||||
| 21 | the sheriff or other law enforcement officials charged with | ||||||
| 22 | maintaining Illinois Department of State Police records shall | ||||||
| 23 | notify the Department of Corrections or Department of Juvenile | ||||||
| 24 | Justice within 48 hours of receipt of a copy of the order of | ||||||
| 25 | protection from the clerk of the issuing judge or the | ||||||
| |||||||
| |||||||
| 1 | petitioner. Such notice shall include the name of the | ||||||
| 2 | respondent, the respondent's IDOC inmate number or IDJJ youth | ||||||
| 3 | identification number, the respondent's date of birth, and the | ||||||
| 4 | LEADS Record Index Number.
| ||||||
| 5 | (c) Service by sheriff. Unless respondent was present in | ||||||
| 6 | court when the
order was issued, the sheriff, other law | ||||||
| 7 | enforcement official or special
process server shall
promptly | ||||||
| 8 | serve that order upon respondent and file proof of such | ||||||
| 9 | service,
in the manner provided for service of process in civil | ||||||
| 10 | proceedings.
Instead of serving the order upon the respondent, | ||||||
| 11 | however, the sheriff, other
law enforcement official, special | ||||||
| 12 | process server, or other persons defined in Section 222.10 may | ||||||
| 13 | serve the respondent
with a short form notification as provided | ||||||
| 14 | in Section 222.10.
If
process has not yet been served upon the | ||||||
| 15 | respondent, it shall be served
with the order or short form | ||||||
| 16 | notification if such service is made by the sheriff, other law | ||||||
| 17 | enforcement official, or special process server. A single fee | ||||||
| 18 | may be charged for
service of an order
obtained in civil court, | ||||||
| 19 | or for service of such an order together with
process, unless | ||||||
| 20 | waived or deferred under Section 210.
| ||||||
| 21 | (c-5) If the person against whom the order of protection is | ||||||
| 22 | issued is
arrested and the written order is issued in | ||||||
| 23 | accordance with subsection (c) of
Section 217
and received by | ||||||
| 24 | the custodial law enforcement agency before the respondent or
| ||||||
| 25 | arrestee is released from custody, the custodial law | ||||||
| 26 | enforcement agent shall
promptly serve the order upon the | ||||||
| |||||||
| |||||||
| 1 | respondent or arrestee before the
respondent or arrestee is | ||||||
| 2 | released from custody. In no event shall detention
of the | ||||||
| 3 | respondent or arrestee be extended for hearing on the petition | ||||||
| 4 | for order
of protection or receipt of the order issued under | ||||||
| 5 | Section 217 of this Act.
| ||||||
| 6 | (d) Extensions, modifications and revocations. Any order | ||||||
| 7 | extending,
modifying or revoking any order of protection shall | ||||||
| 8 | be promptly recorded,
issued and served as provided in this | ||||||
| 9 | Section.
| ||||||
| 10 | (e) Notice to schools. Upon the request of the petitioner, | ||||||
| 11 | within 24
hours of the issuance of an order of
protection, the | ||||||
| 12 | clerk of the issuing judge shall
send a certified copy of
the | ||||||
| 13 | order of protection to the day-care facility,
pre-school or | ||||||
| 14 | pre-kindergarten, or private school or the principal
office of | ||||||
| 15 | the public school district or any college or university in | ||||||
| 16 | which any child who
is a protected person under the order of | ||||||
| 17 | protection or any child
of
the
petitioner is enrolled as | ||||||
| 18 | requested by the petitioner at the mailing address provided by | ||||||
| 19 | the petitioner.
If the child transfers enrollment to another | ||||||
| 20 | day-care facility, pre-school,
pre-kindergarten,
private | ||||||
| 21 | school, public school, college, or university, the petitioner | ||||||
| 22 | may,
within 24 hours
of the transfer, send to the clerk written | ||||||
| 23 | notice of the transfer, including
the name and
address of the | ||||||
| 24 | institution to which the child is transferring.
Within 24 hours | ||||||
| 25 | of receipt of notice
from the petitioner that a child is | ||||||
| 26 | transferring to another day-care facility,
pre-school, | ||||||
| |||||||
| |||||||
| 1 | pre-kindergarten, private school, public school, college, or
| ||||||
| 2 | university, the clerk shall send a certified copy of the order | ||||||
| 3 | to the institution to which the child
is
transferring.
| ||||||
| 4 | (f) Disclosure by schools. After receiving a certified copy | ||||||
| 5 | of an order
of protection that prohibits a respondent's access | ||||||
| 6 | to records, neither a
day-care facility, pre-school, | ||||||
| 7 | pre-kindergarten, public
or private school, college, or | ||||||
| 8 | university nor its employees shall allow a
respondent access to | ||||||
| 9 | a
protected child's records or release information in those | ||||||
| 10 | records to the
respondent. The school shall file
the copy of | ||||||
| 11 | the order of protection in the records of a child who
is a | ||||||
| 12 | protected person under the order of protection. When a child | ||||||
| 13 | who is a
protected person under the order of protection | ||||||
| 14 | transfers to another day-care
facility, pre-school, | ||||||
| 15 | pre-kindergarten, public or private school, college, or
| ||||||
| 16 | university, the institution from which the child is | ||||||
| 17 | transferring may, at the
request of the petitioner, provide,
| ||||||
| 18 | within 24 hours of the transfer, written notice of the order of | ||||||
| 19 | protection,
along with a certified copy of the order, to the | ||||||
| 20 | institution to which the child
is
transferring.
| ||||||
| 21 | (g) Notice to health care facilities and health care | ||||||
| 22 | practitioners. Upon the request of the petitioner, the clerk of | ||||||
| 23 | the circuit court shall send a certified copy of the order of | ||||||
| 24 | protection to any specified health care facility or health care | ||||||
| 25 | practitioner requested by the petitioner at the mailing address | ||||||
| 26 | provided by the petitioner. | ||||||
| |||||||
| |||||||
| 1 | (h) Disclosure by health care facilities and health care | ||||||
| 2 | practitioners. After receiving a certified copy of an order of | ||||||
| 3 | protection that prohibits a respondent's access to records, no | ||||||
| 4 | health care facility or health care practitioner shall allow a | ||||||
| 5 | respondent access to the records of any child who is a | ||||||
| 6 | protected person under the order of protection, or release | ||||||
| 7 | information in those records to the respondent, unless the | ||||||
| 8 | order has expired or the respondent shows a certified copy of | ||||||
| 9 | the court order vacating the corresponding order of protection | ||||||
| 10 | that was sent to the health care facility or practitioner. | ||||||
| 11 | Nothing in this Section shall be construed to require health | ||||||
| 12 | care facilities or health care practitioners to alter | ||||||
| 13 | procedures related to billing and payment. The health care | ||||||
| 14 | facility or health care practitioner may file the copy of the | ||||||
| 15 | order of protection in the records of a child who is a | ||||||
| 16 | protected person under the order of protection, or may employ | ||||||
| 17 | any other method to identify the records to which a respondent | ||||||
| 18 | is prohibited access. No health care facility or health care | ||||||
| 19 | practitioner shall be civilly or professionally liable for | ||||||
| 20 | reliance on a copy of an order of protection, except for | ||||||
| 21 | willful and wanton misconduct. | ||||||
| 22 | (Source: P.A. 101-508, eff. 1-1-20.)
| ||||||
| 23 | (750 ILCS 60/222.5)
| ||||||
| 24 | Sec. 222.5. Filing of an order of protection issued in | ||||||
| 25 | another state.
| ||||||
| |||||||
| |||||||
| 1 | (a) A person entitled to protection under an order of | ||||||
| 2 | protection issued by
the court of another state, tribe, or | ||||||
| 3 | United States territory may file a
certified copy of the order | ||||||
| 4 | of protection with the clerk of the court in a
judicial circuit | ||||||
| 5 | in which the person believes that enforcement may be
necessary.
| ||||||
| 6 | (b) The clerk shall:
| ||||||
| 7 | (1) treat the foreign order of protection in the same | ||||||
| 8 | manner as a judgment
of the circuit court for any county of | ||||||
| 9 | this State in accordance with the
provisions of the Uniform | ||||||
| 10 | Enforcement of Foreign Judgments Act, except that the
clerk | ||||||
| 11 | shall not mail notice of the filing of the foreign order to | ||||||
| 12 | the
respondent named in the order; and
| ||||||
| 13 | (2) on the same day that a foreign
order of protection | ||||||
| 14 | is filed, file a certified copy of that order with the
| ||||||
| 15 | sheriff or other law enforcement officials charged with | ||||||
| 16 | maintaining Illinois Department of State Police records as | ||||||
| 17 | set forth in Section 222 of this Act.
| ||||||
| 18 | (c) Neither residence in this State nor filing of a foreign | ||||||
| 19 | order of
protection shall be required for enforcement of the | ||||||
| 20 | order by this State.
Failure to file the foreign order shall | ||||||
| 21 | not be an impediment to its treatment
in all respects as an | ||||||
| 22 | Illinois order of protection.
| ||||||
| 23 | (d) The clerk shall not charge a fee to file a foreign | ||||||
| 24 | order of protection
under this Section.
| ||||||
| 25 | (e) The sheriff shall inform the Illinois Department of | ||||||
| 26 | State Police as set forth in
Section 302 of this Act.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 91-903, eff. 1-1-01.)
| ||||||
| 2 | (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
| ||||||
| 3 | Sec. 302. Data maintenance by law enforcement agencies.
| ||||||
| 4 | (a) All sheriffs shall furnish to the Illinois Department | ||||||
| 5 | of State Police, on the
same day as received, in the form and | ||||||
| 6 | detail the Department requires, copies of
any recorded | ||||||
| 7 | emergency, interim, or plenary orders of protection issued by | ||||||
| 8 | the
court, and any foreign orders of protection filed by the | ||||||
| 9 | clerk of the court,
and transmitted to the sheriff by the clerk | ||||||
| 10 | of the court pursuant to subsection
(b) of Section 222 of this | ||||||
| 11 | Act. Each order of protection shall be entered in
the Law | ||||||
| 12 | Enforcement Agencies Data System on the same day it
is issued | ||||||
| 13 | by the court. If an emergency order of protection was issued in
| ||||||
| 14 | accordance with subsection (c) of Section 217, the order shall | ||||||
| 15 | be entered in
the Law Enforcement Agencies Data System as soon | ||||||
| 16 | as possible
after receipt from the clerk.
| ||||||
| 17 | (b) The Illinois Department of State Police shall maintain | ||||||
| 18 | a complete and systematic
record and index of all valid and | ||||||
| 19 | recorded orders of protection issued pursuant
to this Act. The | ||||||
| 20 | data shall be used to inform all dispatchers and law
| ||||||
| 21 | enforcement officers at the scene of an alleged incident of | ||||||
| 22 | abuse, neglect,
or exploitation or violation of an order of | ||||||
| 23 | protection of any recorded prior
incident of abuse, neglect, or | ||||||
| 24 | exploitation involving the abused, neglected,
or exploited | ||||||
| 25 | party and the effective dates and terms of any recorded order | ||||||
| |||||||
| |||||||
| 1 | of
protection.
| ||||||
| 2 | (c) The data, records and transmittals required under this | ||||||
| 3 | Section shall
pertain to any valid emergency, interim or | ||||||
| 4 | plenary order of protection,
whether issued in a civil or | ||||||
| 5 | criminal proceeding or authorized under the laws
of another | ||||||
| 6 | state, tribe, or United States territory.
| ||||||
| 7 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 8 | Section 1140. The Probate Act of 1975 is amended by | ||||||
| 9 | changing Sections 2-6.6 and 11a-24 as follows:
| ||||||
| 10 | (755 ILCS 5/2-6.6)
| ||||||
| 11 | Sec. 2-6.6. Person convicted of or found civilly liable for | ||||||
| 12 | certain offenses against the elderly or
a person with a | ||||||
| 13 | disability. | ||||||
| 14 | (a) A person who is convicted of a violation of Section | ||||||
| 15 | 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of | ||||||
| 16 | Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | ||||||
| 17 | Code of 2012 or a person who has been found by a preponderance | ||||||
| 18 | of the evidence to be civilly liable for financial | ||||||
| 19 | exploitation, as defined in subsection (a) of Section 2-6.2 of | ||||||
| 20 | this Act, may not receive any property, benefit, or
other | ||||||
| 21 | interest by reason of the death of the victim of that offense, | ||||||
| 22 | whether as
heir, legatee, beneficiary, joint tenant, tenant by | ||||||
| 23 | the entirety, survivor,
appointee, or in any other capacity and | ||||||
| 24 | whether the property, benefit, or other
interest passes | ||||||
| |||||||
| |||||||
| 1 | pursuant to any form of title registration, testamentary or
| ||||||
| 2 | nontestamentary instrument, intestacy, renunciation, or any | ||||||
| 3 | other circumstance. Except as provided in subsection (f) of | ||||||
| 4 | this Section, the property, benefit, or other interest shall | ||||||
| 5 | pass as if the person convicted
of a violation of Section | ||||||
| 6 | 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of | ||||||
| 7 | Section 12-4.4a, of the Criminal Code of 1961 or the Criminal | ||||||
| 8 | Code of 2012 or the person found by a preponderance of the | ||||||
| 9 | evidence to be civilly liable for financial exploitation, as | ||||||
| 10 | defined in subsection (a) of Section 2-6.2 of this Act,
died | ||||||
| 11 | before the decedent; provided that with respect to joint | ||||||
| 12 | tenancy property
or property held in tenancy by the entirety, | ||||||
| 13 | the interest possessed prior to
the death by the person | ||||||
| 14 | convicted or found civilly liable may not
be diminished by the | ||||||
| 15 | application of this Section. Notwithstanding the
foregoing, a | ||||||
| 16 | person convicted of a violation of Section 12-19, 12-21, | ||||||
| 17 | 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
| ||||||
| 18 | of the Criminal Code of 1961 or the Criminal Code of 2012 or a | ||||||
| 19 | person who has been found by a preponderance of the evidence to | ||||||
| 20 | be civilly liable for financial exploitation, as defined in | ||||||
| 21 | subsection (a) of Section 2-6.2 of this Act, shall be entitled | ||||||
| 22 | to receive property, a
benefit, or an interest in any capacity | ||||||
| 23 | and under any circumstances described
in this Section if it is | ||||||
| 24 | demonstrated by clear and convincing evidence that the
victim | ||||||
| 25 | of that offense knew of the conviction or finding of civil | ||||||
| 26 | liability and subsequent to the
conviction or finding of civil | ||||||
| |||||||
| |||||||
| 1 | liability expressed or ratified his or her intent to transfer | ||||||
| 2 | the property,
benefit, or interest to the person convicted of a | ||||||
| 3 | violation of Section 12-19,
12-21, 16-1.3, or 17-56, or | ||||||
| 4 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
| 5 | of 1961 or the Criminal Code of 2012 or the person found by a | ||||||
| 6 | preponderance of the evidence to be civilly liable for | ||||||
| 7 | financial exploitation, as defined in subsection (a) of Section | ||||||
| 8 | 2-6.2 of this Act, in any manner contemplated
by this Section.
| ||||||
| 9 | (b) The holder of any property subject to the provisions of | ||||||
| 10 | this Section
is not liable for distributing or releasing the | ||||||
| 11 | property to the person
convicted of violating Section 12-19, | ||||||
| 12 | 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section | ||||||
| 13 | 12-4.4a, of the Criminal
Code of 1961 or the Criminal Code of | ||||||
| 14 | 2012 or to the person found by a preponderance of the evidence | ||||||
| 15 | to be civilly liable for financial exploitation as defined in | ||||||
| 16 | subsection (a) of Section 2-6.2 of this Act.
| ||||||
| 17 | (c) If the holder is a financial institution, trust | ||||||
| 18 | company, trustee, or
similar entity or person, the holder shall | ||||||
| 19 | not be liable for any distribution
or
release of the property, | ||||||
| 20 | benefit, or other interest to the person convicted of
a | ||||||
| 21 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
| 22 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
| 23 | of 1961 or the Criminal Code of 2012 or person found by a | ||||||
| 24 | preponderance of the evidence to be civilly liable for | ||||||
| 25 | financial exploitation, as defined in subsection (a) of Section | ||||||
| 26 | 2-6.2 of this Act,
unless the holder knowingly distributes or | ||||||
| |||||||
| |||||||
| 1 | releases the property, benefit, or
other interest to the person | ||||||
| 2 | so convicted or found civilly liable after first having | ||||||
| 3 | received actual
written notice of the conviction or finding of | ||||||
| 4 | civil liability in sufficient time to act upon the notice.
| ||||||
| 5 | (d) The Illinois Department of State Police shall have | ||||||
| 6 | access to State of Illinois
databases containing information | ||||||
| 7 | that may help in the identification or
location of persons | ||||||
| 8 | convicted of or found civilly liable for the offenses | ||||||
| 9 | enumerated in this Section.
Interagency agreements shall be | ||||||
| 10 | implemented, consistent with security and
procedures | ||||||
| 11 | established by the State agency and consistent with the laws
| ||||||
| 12 | governing the confidentiality of the information in the | ||||||
| 13 | databases. Information
shall be used only for administration of | ||||||
| 14 | this Section.
| ||||||
| 15 | (e) A civil action against a person for financial | ||||||
| 16 | exploitation, as defined in subsection (a) of Section 2-6.2 of | ||||||
| 17 | this Act, may be brought by an interested person, pursuant to | ||||||
| 18 | this Section, after the death of the victim or during the | ||||||
| 19 | lifetime of the victim if the victim is adjudicated a person | ||||||
| 20 | with a disability. A guardian is under no duty to bring a civil | ||||||
| 21 | action under this subsection during the ward's lifetime, but | ||||||
| 22 | may do so if the guardian believes it is in the best interests | ||||||
| 23 | of the ward. | ||||||
| 24 | (f) The court may, in its discretion, consider such facts | ||||||
| 25 | and circumstances as it deems appropriate to allow the person | ||||||
| 26 | convicted or found civilly liable for financial exploitation, | ||||||
| |||||||
| |||||||
| 1 | as defined in subsection (a) of Section 2-6.2 of this Act, to | ||||||
| 2 | receive a reduction in interest or benefit rather than no | ||||||
| 3 | interest or benefit as stated under subsection (a) of this | ||||||
| 4 | Section. | ||||||
| 5 | (Source: P.A. 98-833, eff. 8-1-14; 99-143, eff. 7-27-15.)
| ||||||
| 6 | (755 ILCS 5/11a-24) | ||||||
| 7 | Sec. 11a-24. Notification; Illinois Department of State | ||||||
| 8 | Police. When a court adjudges a respondent to be a person with | ||||||
| 9 | a disability under this Article, the court shall direct
the | ||||||
| 10 | circuit court clerk to notify the
Illinois Department of State | ||||||
| 11 | Police, Firearm Owner's Identification
(FOID) Office, in a form | ||||||
| 12 | and manner prescribed by the Illinois Department of State | ||||||
| 13 | Police, and shall forward a copy of the court order to the | ||||||
| 14 | Department no later than 7 days after the entry of the order. | ||||||
| 15 | Upon receipt of the order, the Illinois Department of State | ||||||
| 16 | Police shall provide notification to the National Instant | ||||||
| 17 | Criminal Background Check System.
| ||||||
| 18 | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| ||||||
| 19 | Section 1145. The Charitable Trust Act is amended by | ||||||
| 20 | changing Section 16.5 as follows:
| ||||||
| 21 | (760 ILCS 55/16.5)
| ||||||
| 22 | Sec. 16.5. Terrorist acts.
| ||||||
| 23 | (a) Any person or organization subject to registration | ||||||
| |||||||
| |||||||
| 1 | under
this Act, who knowingly acts to further, directly or | ||||||
| 2 | indirectly, or knowingly
uses charitable
assets to conduct or | ||||||
| 3 | further, directly or indirectly, an act or actions as set
forth | ||||||
| 4 | in Article 29D of the Criminal Code of 2012, is thereby engaged | ||||||
| 5 | in an act
or actions contrary to public policy and antithetical | ||||||
| 6 | to charity, and all of
the funds, assets, and records of the | ||||||
| 7 | person or organization shall be
subject to temporary and | ||||||
| 8 | permanent injunction from use or expenditure and the
| ||||||
| 9 | appointment of a temporary and permanent receiver to take | ||||||
| 10 | possession of all of
the assets and related records.
| ||||||
| 11 | (b) An ex parte action may be commenced by the Attorney
| ||||||
| 12 | General, and, upon a showing of probable cause of a
violation | ||||||
| 13 | of this Section or Article 29D of the Criminal Code
of 2012, an | ||||||
| 14 | immediate seizure of books and records
by the Attorney General | ||||||
| 15 | by and through his or her assistants
or investigators or the | ||||||
| 16 | Illinois Department of State Police and freezing of all assets
| ||||||
| 17 | shall be
made by order of a court to protect the public, | ||||||
| 18 | protect the
assets, and allow a full review of the records.
| ||||||
| 19 | (c) Upon a finding by a court after a hearing that a person | ||||||
| 20 | or
organization has acted or is in violation of this Section, | ||||||
| 21 | the person
or organization shall be permanently enjoined from | ||||||
| 22 | soliciting funds from
the public, holding charitable funds, or | ||||||
| 23 | acting as a trustee or fiduciary
within Illinois. Upon a | ||||||
| 24 | finding of violation all assets and funds
held by the person or | ||||||
| 25 | organization shall be forfeited to the People of
the State of | ||||||
| 26 | Illinois or otherwise ordered by the court to be accounted
for | ||||||
| |||||||
| |||||||
| 1 | and marshaled and then delivered to charitable causes and uses | ||||||
| 2 | within
the State of Illinois by court order.
| ||||||
| 3 | (d) A determination under this Section may be made by any
| ||||||
| 4 | court separate and apart from any criminal
proceedings and the | ||||||
| 5 | standard of proof shall be that for civil proceedings.
| ||||||
| 6 | (e) Any knowing use of charitable assets to conduct or | ||||||
| 7 | further, directly or
indirectly, an act or actions set forth in | ||||||
| 8 | Article 29D of the Criminal Code of
2012 shall be a misuse of | ||||||
| 9 | charitable assets and breach of fiduciary duty
relative to all | ||||||
| 10 | other Sections of this Act.
| ||||||
| 11 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
| 12 | Section 1150. The Revised Uniform Unclaimed Property Act is | ||||||
| 13 | amended by changing Section 15-705 as follows:
| ||||||
| 14 | (765 ILCS 1026/15-705)
| ||||||
| 15 | Sec. 15-705. Exceptions to the sale of tangible property. | ||||||
| 16 | The administrator shall dispose of tangible property | ||||||
| 17 | identified by this Section in accordance with this Section. | ||||||
| 18 | (a) Military medals or decorations. The administrator may | ||||||
| 19 | not sell a medal or decoration awarded for military service in | ||||||
| 20 | the armed forces of the United States. Instead, the | ||||||
| 21 | administrator, with the consent of the respective organization | ||||||
| 22 | under paragraph (1), agency under paragraph (2), or entity | ||||||
| 23 | under paragraph (3), may deliver a medal or decoration to be | ||||||
| 24 | held in custody for the owner, to: | ||||||
| |||||||
| |||||||
| 1 | (1) a military veterans organization qualified under | ||||||
| 2 | Section 501(c)(19) of the Internal Revenue Code; | ||||||
| 3 | (2) the agency that awarded the medal or decoration; or | ||||||
| 4 | (3) a governmental entity. | ||||||
| 5 | After delivery, the administrator is not responsible for | ||||||
| 6 | the safekeeping of the medal or decoration. | ||||||
| 7 | (b) Property with historical value. Property that the | ||||||
| 8 | administrator reasonably believes may have historical value | ||||||
| 9 | may be, at his or her discretion, loaned to an accredited | ||||||
| 10 | museum in the United States where it will be kept until such | ||||||
| 11 | time as the administrator orders it to be returned to his or | ||||||
| 12 | her custody. | ||||||
| 13 | (c) Human remains. If human remains are delivered to the | ||||||
| 14 | administrator under this Act, the administrator shall deliver | ||||||
| 15 | those human remains to the coroner of the county in which the | ||||||
| 16 | human remains were abandoned for disposition under Section | ||||||
| 17 | 3-3034 of the Counties Code. The only human remains that may be | ||||||
| 18 | delivered to the administrator under this Act and that the | ||||||
| 19 | administrator may receive are those that are reported and | ||||||
| 20 | delivered as contents of a safe deposit box. | ||||||
| 21 | (d) Evidence in a criminal investigation. Property that may | ||||||
| 22 | have been used in the commission of a crime or that may assist | ||||||
| 23 | in the investigation of a crime, as determined after consulting | ||||||
| 24 | with the Illinois Department of State Police, shall be | ||||||
| 25 | delivered to the Illinois Department of State Police or other | ||||||
| 26 | appropriate law enforcement authority to allow law enforcement | ||||||
| |||||||
| |||||||
| 1 | to determine whether a criminal investigation should take | ||||||
| 2 | place. Any such property delivered to a law enforcement | ||||||
| 3 | authority shall be held in accordance with existing statutes | ||||||
| 4 | and rules related to the gathering, retention, and release of | ||||||
| 5 | evidence. | ||||||
| 6 | (e) Firearms. | ||||||
| 7 | (1) The administrator, in cooperation with the | ||||||
| 8 | Illinois Department of State Police, shall develop a | ||||||
| 9 | procedure to determine whether a firearm delivered to the | ||||||
| 10 | administrator under this Act has been stolen or used in the | ||||||
| 11 | commission of a crime. The Illinois Department of State | ||||||
| 12 | Police shall determine the appropriate disposition of a | ||||||
| 13 | firearm that has been stolen or used in the commission of a | ||||||
| 14 | crime. The administrator shall attempt to return a firearm | ||||||
| 15 | that has not been stolen or used in the commission of a | ||||||
| 16 | crime to the rightful owner if the Illinois Department of | ||||||
| 17 | State Police determines that the owner may lawfully possess | ||||||
| 18 | the firearm. | ||||||
| 19 | (2) If the administrator is unable to return a firearm | ||||||
| 20 | to its owner, the administrator shall transfer custody of | ||||||
| 21 | the firearm to the Illinois Department of State Police. | ||||||
| 22 | Legal title to a firearm transferred to the Illinois | ||||||
| 23 | Department of State Police under this subsection (e) is | ||||||
| 24 | vested in the Illinois Department of State Police by | ||||||
| 25 | operation of law if: | ||||||
| 26 | (i) the administrator cannot locate the owner of | ||||||
| |||||||
| |||||||
| 1 | the firearm; | ||||||
| 2 | (ii) the owner of the firearm may not lawfully | ||||||
| 3 | possess the firearm; | ||||||
| 4 | (iii) the apparent owner does not respond to notice | ||||||
| 5 | published under Section 15-503 of this Act; or | ||||||
| 6 | (iv) the apparent owner responds to notice | ||||||
| 7 | published under Section 15-502 and states that he or | ||||||
| 8 | she no longer claims an interest in the firearm. | ||||||
| 9 | (3) With respect to a firearm whose title is | ||||||
| 10 | transferred to the Illinois Department of State Police | ||||||
| 11 | under this subsection (e), the Illinois Department of State | ||||||
| 12 | Police may: | ||||||
| 13 | (i) retain the firearm for use by the crime | ||||||
| 14 | laboratory system, for training purposes, or for any | ||||||
| 15 | other application as deemed appropriate by the | ||||||
| 16 | Department; | ||||||
| 17 | (ii) transfer the firearm to the Illinois State | ||||||
| 18 | Museum if the firearm has historical value; or | ||||||
| 19 | (iii) destroy the firearm if it is not retained | ||||||
| 20 | pursuant to subparagraph (i) or transferred pursuant | ||||||
| 21 | to subparagraph (ii). | ||||||
| 22 | As used in this subsection, "firearm" has the meaning | ||||||
| 23 | provided in the Firearm Owners Identification Card Act.
| ||||||
| 24 | (Source: P.A. 100-22, eff. 1-1-18.)
| ||||||
| 25 | Section 1155. The Law Enforcement Disposition of Property | ||||||
| |||||||
| |||||||
| 1 | Act is amended by changing Section 2 as follows:
| ||||||
| 2 | (765 ILCS 1030/2) (from Ch. 141, par. 142)
| ||||||
| 3 | Sec. 2.
(a) Such property believed to be abandoned, lost or | ||||||
| 4 | stolen or otherwise
illegally possessed shall be retained in | ||||||
| 5 | custody by the sheriff, chief of
police or other principal | ||||||
| 6 | official of the law enforcement agency, which
shall make | ||||||
| 7 | reasonable inquiry and efforts to identify and notify the owner
| ||||||
| 8 | or other person entitled to possession thereof, and shall | ||||||
| 9 | return the
property after such person provides reasonable and | ||||||
| 10 | satisfactory proof of
his ownership or right to possession and | ||||||
| 11 | reimburses the agency for all
reasonable expenses of such | ||||||
| 12 | custody.
| ||||||
| 13 | (b) Weapons that have been confiscated as a result of | ||||||
| 14 | having been
abandoned or illegally possessed may be
transferred | ||||||
| 15 | to the Illinois Department of State Police for use by the crime
| ||||||
| 16 | laboratory system, for training purposes, or for any other | ||||||
| 17 | application as
deemed appropriate by the Department, if no | ||||||
| 18 | legitimate
claim is
made for the confiscated weapon within 6 | ||||||
| 19 | months of the date of
confiscation, or within 6 months of final | ||||||
| 20 | court disposition if such
confiscated weapon was used for | ||||||
| 21 | evidentiary purposes.
| ||||||
| 22 | (Source: P.A. 85-632.)
| ||||||
| 23 | Section 1160. The Illinois Human Rights Act is amended by | ||||||
| 24 | changing Section 2-103 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
| ||||||
| 2 | Sec. 2-103. Arrest record.
| ||||||
| 3 | (A) Unless otherwise authorized by law,
it is a civil | ||||||
| 4 | rights violation for any
employer, employment agency or labor | ||||||
| 5 | organization to inquire
into or to use an arrest
record, as | ||||||
| 6 | defined under subsection (B-5) of Section 1-103, as a basis to
| ||||||
| 7 | refuse to hire, to segregate, or to act
with respect to | ||||||
| 8 | recruitment, hiring, promotion, renewal of employment,
| ||||||
| 9 | selection for training or apprenticeship, discharge, | ||||||
| 10 | discipline, tenure or
terms, privileges or conditions of | ||||||
| 11 | employment. This Section
does not prohibit a State agency, unit | ||||||
| 12 | of local government or school
district, or private organization | ||||||
| 13 | from requesting or utilizing sealed felony
conviction | ||||||
| 14 | information obtained from the Illinois Department of State | ||||||
| 15 | Police under
the provisions of Section 3 of the
Criminal | ||||||
| 16 | Identification Act or under other State or federal laws or | ||||||
| 17 | regulations that require criminal background checks in | ||||||
| 18 | evaluating the qualifications
and character of an employee or a | ||||||
| 19 | prospective employee.
| ||||||
| 20 | (B) The prohibition against the use of an arrest record, as | ||||||
| 21 | defined under paragraph (1) of subsection (B-5) of Section | ||||||
| 22 | 1-103, contained in
this Act shall not be construed to prohibit | ||||||
| 23 | an employer, employment agency,
or labor organization from | ||||||
| 24 | obtaining or using other information which indicates
that a | ||||||
| 25 | person actually engaged in the conduct for which he or she was
| ||||||
| |||||||
| |||||||
| 1 | arrested.
| ||||||
| 2 | (Source: P.A. 101-565, eff. 1-1-20.)
| ||||||
| 3 | Section 1165. The Illinois Torture Inquiry and Relief | ||||||
| 4 | Commission Act is amended by changing Section 60 as follows:
| ||||||
| 5 | (775 ILCS 40/60)
| ||||||
| 6 | Sec. 60. Report. Beginning January 1, 2010, and annually
| ||||||
| 7 | thereafter, the Illinois Torture Inquiry and Relief Commission
| ||||||
| 8 | shall report on its activities to the General Assembly and the
| ||||||
| 9 | Governor. The report may contain recommendations of any needed
| ||||||
| 10 | legislative changes related to the activities of the
| ||||||
| 11 | Commission. The report shall recommend the funding needed by
| ||||||
| 12 | the Commission, the State's Attorneys, and the Illinois | ||||||
| 13 | Department of State Police in order to meet their | ||||||
| 14 | responsibilities under this
Act. Recommendations concerning | ||||||
| 15 | the State's Attorneys or the
Illinois Department of State | ||||||
| 16 | Police shall only be made after
consultations with the Illinois | ||||||
| 17 | State's Attorneys Association, the Illinois Department of | ||||||
| 18 | State Police,
and the Attorney General.
| ||||||
| 19 | (Source: P.A. 96-223, eff. 8-10-09.)
| ||||||
| 20 | Section 1170. The Assumed Business Name Act is amended by | ||||||
| 21 | changing Section 5 as follows:
| ||||||
| 22 | (805 ILCS 405/5) (from Ch. 96, par. 8)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5.
Any person or persons carrying on, conducting or | ||||||
| 2 | transacting business as
aforesaid, who shall fail to comply | ||||||
| 3 | with the provisions of this Act, shall
be guilty of a Class C | ||||||
| 4 | misdemeanor, and each day any person or persons
conducts | ||||||
| 5 | business in violation of this Act shall be deemed a separate
| ||||||
| 6 | offense.
| ||||||
| 7 | A person shall be exempt from prosecution for a violation | ||||||
| 8 | of this Act
if he is a peace officer who uses a false or | ||||||
| 9 | fictitious business name in
the enforcement of the criminal | ||||||
| 10 | laws;
provided such use is approved in writing by one of the | ||||||
| 11 | following:
| ||||||
| 12 | (a) In all counties, the respective State's Attorney;
| ||||||
| 13 | (b) The Director of the Illinois State Police under Section
| ||||||
| 14 | 2605-200 of the Illinois Department of State Police Law (20 | ||||||
| 15 | ILCS
2605/2605-200); or
| ||||||
| 16 | (c) In cities over 1,000,000, the Superintendent of Police.
| ||||||
| 17 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 18 | Section 1175. The Recyclable Metal Purchase Registration | ||||||
| 19 | Law is amended by changing Section 6.5 as follows:
| ||||||
| 20 | (815 ILCS 325/6.5) | ||||||
| 21 | Sec. 6.5. Recyclable Metal Theft Task Force. | ||||||
| 22 | (a) The Recyclable Metal Theft Task Force is created within | ||||||
| 23 | the Office of the Secretary of State. The Office of the | ||||||
| 24 | Secretary of State shall provide administrative support for the | ||||||
| |||||||
| |||||||
| 1 | Task Force. The Task Force shall consist of the members | ||||||
| 2 | designated in subsections (b) and (c). | ||||||
| 3 | (b) Members of the Task Force representing the State shall | ||||||
| 4 | be appointed as follows: | ||||||
| 5 | (1) Two members of the Senate appointed one each by the | ||||||
| 6 | President of the Senate and by the Minority Leader of the | ||||||
| 7 | Senate; | ||||||
| 8 | (2) Two members of the House of Representatives | ||||||
| 9 | appointed one each by the Speaker of the House of | ||||||
| 10 | Representatives and by the Minority Leader of the House of | ||||||
| 11 | Representatives; | ||||||
| 12 | (3) One member representing the Office of the Secretary | ||||||
| 13 | of State appointed by the Secretary of State; and | ||||||
| 14 | (4) Two members representing the Illinois Department | ||||||
| 15 | of State Police appointed by the Director of the Illinois | ||||||
| 16 | State Police, one of whom must represent the State Police | ||||||
| 17 | Academy. | ||||||
| 18 | (c) The members appointed under subsection (b) shall select | ||||||
| 19 | from their membership a chairperson. The chairperson shall | ||||||
| 20 | appoint the public members of the Task Force as follows: | ||||||
| 21 | (1) One member representing municipalities in this | ||||||
| 22 | State with consideration given to persons recommended by an | ||||||
| 23 | organization representing municipalities in this State; | ||||||
| 24 | (2) Five chiefs of police from various geographical | ||||||
| 25 | areas of the State with consideration given to persons | ||||||
| 26 | recommended by an organization representing chiefs of | ||||||
| |||||||
| |||||||
| 1 | police in this State; | ||||||
| 2 | (3) One representative of a public utility | ||||||
| 3 | headquartered in Illinois; | ||||||
| 4 | (4) One representative of recyclable metal dealers in | ||||||
| 5 | Illinois; | ||||||
| 6 | (5) One representative of scrap metal suppliers in | ||||||
| 7 | Illinois; | ||||||
| 8 | (6) One representative of insurance companies offering | ||||||
| 9 | homeowners insurance in this State; | ||||||
| 10 | (7) One representative of rural electric cooperatives | ||||||
| 11 | in Illinois; and | ||||||
| 12 | (8) One representative of a local exchange carrier | ||||||
| 13 | doing business in Illinois. | ||||||
| 14 | (d) The Task Force shall endeavor to establish a | ||||||
| 15 | collaborative effort to combat recyclable metal theft | ||||||
| 16 | throughout the State and assist in developing regional task | ||||||
| 17 | forces, as determined necessary, to combat recyclable metal | ||||||
| 18 | theft. The Task Force shall consider and develop long-term | ||||||
| 19 | solutions, both legislative and enforcement-driven, for the | ||||||
| 20 | rising problem of recyclable metal thefts in this State. | ||||||
| 21 | (e) Each year, the Task Force shall review the | ||||||
| 22 | effectiveness of its efforts in deterring and investigating the | ||||||
| 23 | problem of recyclable metal theft and in assisting in the | ||||||
| 24 | prosecution of persons engaged in recyclable metal theft. The | ||||||
| 25 | Task Force shall by October 31 of each year report its findings | ||||||
| 26 | and recommendations to the General Assembly and the Governor.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-52, eff. 1-1-16; 99-760, eff. 1-1-17.)
| ||||||
| 2 | Section 1180. The Consumer Fraud and Deceptive Business | ||||||
| 3 | Practices Act is amended by changing Section 2L as follows:
| ||||||
| 4 | (815 ILCS 505/2L)
| ||||||
| 5 | Sec. 2L. Used motor vehicles; modification or disclaimer of | ||||||
| 6 | implied warranty of merchantability limited. | ||||||
| 7 | (a) Any retail sale of a used motor vehicle made after July | ||||||
| 8 | 1, 2017 (the effective date of Public Act 99-768) to a consumer | ||||||
| 9 | by a licensed vehicle dealer within the meaning of Chapter 5 of | ||||||
| 10 | the Illinois Vehicle Code or by an auction company at an | ||||||
| 11 | auction that is open to the general public is
made subject to | ||||||
| 12 | this Section.
| ||||||
| 13 | (b) This Section does not apply to any of the following: | ||||||
| 14 | (1) a vehicle with more than 150,000 miles at the time | ||||||
| 15 | of sale; | ||||||
| 16 | (2) a vehicle with a title that has been branded | ||||||
| 17 | "rebuilt" or "flood"; | ||||||
| 18 | (3) a vehicle with a gross vehicle weight rating of | ||||||
| 19 | 8,000 pounds or more; or | ||||||
| 20 | (4) a vehicle that is an antique vehicle, as defined in | ||||||
| 21 | the Illinois Vehicle Code, or that is a collector motor | ||||||
| 22 | vehicle. | ||||||
| 23 | (b-5) This Section does not apply to the sale of any | ||||||
| 24 | vehicle for which the dealer offers an express warranty that | ||||||
| |||||||
| |||||||
| 1 | provides coverage that is equal to or greater than the limited | ||||||
| 2 | implied warranty of merchantability required under this | ||||||
| 3 | Section 2L. | ||||||
| 4 | (b-6) This Section does not apply to forfeited vehicles | ||||||
| 5 | sold at auction by or on behalf of the Illinois Department of | ||||||
| 6 | State Police. | ||||||
| 7 | (c) Except as otherwise provided in this Section 2L, any | ||||||
| 8 | sale of a used motor vehicle as described in subsection (a) may | ||||||
| 9 | not exclude, modify, or disclaim the implied warranty of | ||||||
| 10 | merchantability created under this Section 2L or limit the | ||||||
| 11 | remedies for a breach of the warranty hereunder before midnight | ||||||
| 12 | of the 15th calendar day after delivery of a used motor vehicle | ||||||
| 13 | or until a used motor vehicle is driven 500 miles after | ||||||
| 14 | delivery, whichever is earlier. In calculating time under this | ||||||
| 15 | Section, a day on which the warranty is breached and all | ||||||
| 16 | subsequent days in which the used motor vehicle fails to | ||||||
| 17 | conform with the implied warranty of merchantability are | ||||||
| 18 | excluded. In calculating distance under this Section, the miles | ||||||
| 19 | driven to obtain or in connection with the repair, servicing, | ||||||
| 20 | or testing of a used motor vehicle that fails to conform with | ||||||
| 21 | the implied warranty of merchantability are excluded. An | ||||||
| 22 | attempt to exclude, modify, or disclaim the implied warranty of | ||||||
| 23 | merchantability or to limit the remedies for a breach of the | ||||||
| 24 | warranty in violation of this Section renders a purchase | ||||||
| 25 | agreement voidable at the option of the purchaser. | ||||||
| 26 | (d) An implied warranty of merchantability is met if a used | ||||||
| |||||||
| |||||||
| 1 | motor vehicle functions for the purpose of ordinary | ||||||
| 2 | transportation on the public highway and substantially free of | ||||||
| 3 | a defect in a power train component. As used in this Section, | ||||||
| 4 | "power train component" means the engine block, head, all | ||||||
| 5 | internal engine parts, oil pan and gaskets, water pump, intake | ||||||
| 6 | manifold, transmission, and all internal transmission parts, | ||||||
| 7 | torque converter, drive shaft,
universal joints, rear axle and | ||||||
| 8 | all rear axle internal parts, and rear wheel bearings. | ||||||
| 9 | (e) The implied warranty of merchantability expires at | ||||||
| 10 | midnight of the 15th calendar day after delivery of a used | ||||||
| 11 | motor vehicle or when a used motor vehicle is driven 500 miles | ||||||
| 12 | after delivery, whichever is earlier. In calculating time, a | ||||||
| 13 | day on which the implied warranty of merchantability is | ||||||
| 14 | breached is excluded and all subsequent days in which the used | ||||||
| 15 | motor vehicle fails to conform with the warranty are also | ||||||
| 16 | excluded. In calculating distance, the miles driven to or by | ||||||
| 17 | the seller to obtain or in connection with the repair, | ||||||
| 18 | servicing, or testing of a used motor vehicle that fails to | ||||||
| 19 | conform with the implied warranty of merchantability are | ||||||
| 20 | excluded. An implied warranty of merchantability does not | ||||||
| 21 | extend to damage that occurs after the sale of the used motor | ||||||
| 22 | vehicle that results from: | ||||||
| 23 | (1) off-road use; | ||||||
| 24 | (2) racing; | ||||||
| 25 | (3) towing; | ||||||
| 26 | (4) abuse; | ||||||
| |||||||
| |||||||
| 1 | (5) misuse; | ||||||
| 2 | (6) neglect; | ||||||
| 3 | (7) failure to perform regular maintenance; and | ||||||
| 4 | (8) failure to maintain adequate oil, coolant, and | ||||||
| 5 | other required fluids or lubricants. | ||||||
| 6 | (f) If the implied warranty of merchantability described in | ||||||
| 7 | this Section is breached, the consumer shall give reasonable | ||||||
| 8 | notice to the seller no later than 2 business days after the | ||||||
| 9 | end of the statutory warranty period. Before the consumer | ||||||
| 10 | exercises another remedy pursuant to Article 2 of the Uniform | ||||||
| 11 | Commercial Code, the seller shall have a reasonable opportunity | ||||||
| 12 | to repair the used motor vehicle. The consumer shall pay | ||||||
| 13 | one-half of the cost of the first 2 repairs necessary to bring | ||||||
| 14 | the used motor vehicle into compliance with the warranty. The | ||||||
| 15 | payments by the consumer are limited to a maximum payment of | ||||||
| 16 | $100 for each repair; however, the consumer shall only be | ||||||
| 17 | responsible for a maximum payment of $100 if the consumer | ||||||
| 18 | brings in the vehicle for a second repair for the same defect. | ||||||
| 19 | Reasonable notice as defined in this Section shall include, but | ||||||
| 20 | not be limited to: | ||||||
| 21 | (1) text, provided the seller has provided the consumer | ||||||
| 22 | with a cell phone number; | ||||||
| 23 | (2) phone call or message to the seller's business | ||||||
| 24 | phone number provided on the seller's bill of sale for the | ||||||
| 25 | purchase of the motor vehicle; | ||||||
| 26 | (3) in writing to the seller's address provided on the | ||||||
| |||||||
| |||||||
| 1 | seller's bill of sale for the purchase of the motor | ||||||
| 2 | vehicle; | ||||||
| 3 | (4) in person at the seller's address provided on the | ||||||
| 4 | seller's bill of sale for the purchase of the motor | ||||||
| 5 | vehicle. | ||||||
| 6 | (g) The maximum liability of a seller for repairs pursuant | ||||||
| 7 | to this Section is limited to the purchase price paid for the | ||||||
| 8 | used motor vehicle, to be refunded to the consumer or lender, | ||||||
| 9 | as applicable, in exchange for return of the vehicle. | ||||||
| 10 | (h) An agreement for the sale of a used motor vehicle | ||||||
| 11 | subject to this Section is voidable at the option of the | ||||||
| 12 | consumer, unless it contains on its face or in a separate
| ||||||
| 13 | document the following conspicuous statement printed in | ||||||
| 14 | boldface 10-point or larger type set off from the body of the | ||||||
| 15 | agreement: | ||||||
| 16 | "Illinois law requires that this vehicle will be free of a | ||||||
| 17 | defect in a power train component for 15 days or 500 miles | ||||||
| 18 | after delivery, whichever is earlier, except with regard to | ||||||
| 19 | particular defects disclosed on the first page of this | ||||||
| 20 | agreement. "Power train component" means the engine block, | ||||||
| 21 | head, all internal engine parts, oil pan and gaskets, water | ||||||
| 22 | pump, intake manifold, transmission, and all internal | ||||||
| 23 | transmission parts, torque converter, drive shaft, universal | ||||||
| 24 | joints, rear axle and all rear axle internal parts, and rear | ||||||
| 25 | wheel bearings. You (the consumer) will have to pay up to $100 | ||||||
| 26 | for each of the first 2 repairs if the warranty is violated.". | ||||||
| |||||||
| |||||||
| 1 | (i) The inclusion in the agreement of the statement | ||||||
| 2 | prescribed in subsection (h) of this Section does not create an | ||||||
| 3 | express warranty. | ||||||
| 4 | (j) A consumer of a used motor vehicle may waive the | ||||||
| 5 | implied warranty of merchantability only for a particular | ||||||
| 6 | defect in the vehicle, including, but not limited to, a rebuilt | ||||||
| 7 | or flood-branded title and only if all of the following | ||||||
| 8 | conditions are satisfied: | ||||||
| 9 | (1) the seller subject to this Section fully and | ||||||
| 10 | accurately discloses to the consumer that because of | ||||||
| 11 | circumstances unusual to the business, the used motor | ||||||
| 12 | vehicle has a particular defect; | ||||||
| 13 | (2) the consumer agrees to buy the used motor vehicle | ||||||
| 14 | after disclosure of the defect; and | ||||||
| 15 | (3) before the sale, the consumer indicates agreement | ||||||
| 16 | to the waiver by signing and dating the following | ||||||
| 17 | conspicuous statement that is printed on the first page of | ||||||
| 18 | the sales agreement or on a separate document in boldface | ||||||
| 19 | 10-point or larger type and that is written in the language | ||||||
| 20 | in which the presentation was made: | ||||||
| 21 | "Attention consumer: sign here only if the seller has | ||||||
| 22 | told you that this vehicle has the following problem or | ||||||
| 23 | problems and you agree to buy the vehicle on those terms: | ||||||
| 24 | 1. ...................................................... | ||||||
| 25 | 2. .................................................. | ||||||
| 26 | 3. ...................................................". | ||||||
| |||||||
| |||||||
| 1 | (k) It shall be an affirmative defense to any claim under | ||||||
| 2 | this Section that: | ||||||
| 3 | (1) an alleged nonconformity does not substantially | ||||||
| 4 | impair the use and market value of the motor vehicle; | ||||||
| 5 | (2) a nonconformity is the result of abuse, neglect, or | ||||||
| 6 | unauthorized modifications or alterations of the motor | ||||||
| 7 | vehicle; | ||||||
| 8 | (3) a claim by a consumer was not filed in good faith; | ||||||
| 9 | or | ||||||
| 10 | (4) any other affirmative defense allowed by law. | ||||||
| 11 | (l) Other than the 15-day, 500-mile implied warranty of | ||||||
| 12 | merchantability identified herein, a seller subject to this | ||||||
| 13 | Section is not required to provide any further express or | ||||||
| 14 | implied warranties to a purchasing consumer unless: | ||||||
| 15 | (1) the seller is required by federal or State law to | ||||||
| 16 | provide a further express or implied warranty; or | ||||||
| 17 | (2) the seller fails to fully inform and disclose to | ||||||
| 18 | the consumer that the vehicle is being sold without any | ||||||
| 19 | further express or implied warranties, other than the 15 | ||||||
| 20 | day, 500 mile implied warranty of merchantability | ||||||
| 21 | identified in this Section.
| ||||||
| 22 | (m) Any person who violates this Section commits an | ||||||
| 23 | unlawful practice
within the meaning of this Act.
| ||||||
| 24 | (Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17; 100-512, | ||||||
| 25 | eff. 7-1-18; 100-863, eff. 8-14-18.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1185. The Employee Credit Privacy Act is amended by | ||||||
| 2 | changing Section 5 as follows:
| ||||||
| 3 | (820 ILCS 70/5)
| ||||||
| 4 | Sec. 5. Definitions. As used in this Act: | ||||||
| 5 | "Credit history" means an individual's past borrowing and | ||||||
| 6 | repaying behavior, including paying bills on time and managing | ||||||
| 7 | debt and other financial obligations. | ||||||
| 8 | "Credit report" means any written or other communication of | ||||||
| 9 | any information by a consumer reporting agency that bears on a | ||||||
| 10 | consumer's creditworthiness, credit standing, credit capacity, | ||||||
| 11 | or credit history. | ||||||
| 12 | "Employee" means an individual who receives compensation | ||||||
| 13 | for performing services for an employer under an express or | ||||||
| 14 | implied contract of hire. | ||||||
| 15 | "Employer" means an individual or entity that permits one | ||||||
| 16 | or more individuals to work or that accepts applications for | ||||||
| 17 | employment or is an agent of an employer. "Employer" does not, | ||||||
| 18 | however, include: | ||||||
| 19 | (1) Any bank holding company, financial holding | ||||||
| 20 | company, bank, savings bank, savings and loan association, | ||||||
| 21 | credit union, or trust company, or any subsidiary or | ||||||
| 22 | affiliate thereof, that is authorized to do business under | ||||||
| 23 | the laws of this State or of the United States. | ||||||
| 24 | (2) Any company authorized to engage in any kind of | ||||||
| 25 | insurance or surety business pursuant to the Illinois | ||||||
| |||||||
| |||||||
| 1 | Insurance Code, including any employee, agent, or employee | ||||||
| 2 | of an agent acting on behalf of a company engaged in the | ||||||
| 3 | insurance or surety business. | ||||||
| 4 | (3) Any State law enforcement or investigative unit, | ||||||
| 5 | including, without limitation, any such unit within the | ||||||
| 6 | Office of any Executive Inspector General, the Illinois | ||||||
| 7 | Department of State Police, the Department of Corrections, | ||||||
| 8 | the Department of Juvenile Justice, or the Department of | ||||||
| 9 | Natural Resources.
| ||||||
| 10 | (4) Any State or local government agency which | ||||||
| 11 | otherwise requires use of the employee's or applicant's | ||||||
| 12 | credit history or credit report. | ||||||
| 13 | (5) Any entity that is defined as a debt collector | ||||||
| 14 | under federal or State statute. | ||||||
| 15 | "Financial information" means non-public information on | ||||||
| 16 | the overall financial direction of an organization, including, | ||||||
| 17 | but not limited to, company taxes or profit and loss reports. | ||||||
| 18 | "Marketable assets" means company property that is | ||||||
| 19 | specially safeguarded from the public and to which access is | ||||||
| 20 | only entrusted to managers and select other employees. For the | ||||||
| 21 | purposes of this Act, marketable assets do not include the | ||||||
| 22 | fixtures, furnishings, or equipment of an employer. | ||||||
| 23 | "Personal or confidential information" means sensitive | ||||||
| 24 | information that a customer or client of the employing | ||||||
| 25 | organization gives explicit authorization for the organization | ||||||
| 26 | to obtain, process, and keep; that the employer entrusts only | ||||||
| |||||||
| |||||||
| 1 | to managers and a select few employees; or that is stored in | ||||||
| 2 | secure repositories not accessible by the public or low-level | ||||||
| 3 | employees. | ||||||
| 4 | "State or national security information" means information | ||||||
| 5 | only offered to select employees because it may jeopardize the | ||||||
| 6 | security of the State or the nation if it were entrusted to the | ||||||
| 7 | general public.
| ||||||
| 8 | "Trade secrets" means sensitive information regarding a | ||||||
| 9 | company's overall strategy or business plans. This does not | ||||||
| 10 | include general proprietary company information such as | ||||||
| 11 | handbooks, policies, or low-level strategies.
| ||||||
| 12 | (Source: P.A. 96-1426, eff. 1-1-11.)
| ||||||
| 13 | Section 1190. The Unemployment Insurance Act is amended by | ||||||
| 14 | changing Section 1900 as follows:
| ||||||
| 15 | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| ||||||
| 16 | Sec. 1900. Disclosure of information.
| ||||||
| 17 | A. Except as provided in this Section, information obtained | ||||||
| 18 | from any
individual or employing unit during the administration | ||||||
| 19 | of this Act shall:
| ||||||
| 20 | 1. be confidential,
| ||||||
| 21 | 2. not be published or open to public inspection,
| ||||||
| 22 | 3. not be used in any court in any pending action or | ||||||
| 23 | proceeding,
| ||||||
| 24 | 4. not be admissible in evidence in any action or | ||||||
| |||||||
| |||||||
| 1 | proceeding other than
one arising out of this Act.
| ||||||
| 2 | B. No finding, determination, decision, ruling or order | ||||||
| 3 | (including
any finding of fact, statement or conclusion made | ||||||
| 4 | therein) issued pursuant
to this Act shall be admissible or | ||||||
| 5 | used in evidence in any action other than
one arising out of | ||||||
| 6 | this Act, nor shall it be binding or conclusive except
as | ||||||
| 7 | provided in this Act, nor shall it constitute res judicata, | ||||||
| 8 | regardless
of whether the actions were between the same or | ||||||
| 9 | related parties or involved
the same facts.
| ||||||
| 10 | C. Any officer or employee of this State, any officer or | ||||||
| 11 | employee of any
entity authorized to obtain information | ||||||
| 12 | pursuant to this Section, and any
agent of this State or of | ||||||
| 13 | such entity
who, except with authority of
the Director under | ||||||
| 14 | this Section, shall disclose information shall be guilty
of a | ||||||
| 15 | Class B misdemeanor and shall be disqualified from holding any
| ||||||
| 16 | appointment or employment by the State.
| ||||||
| 17 | D. An individual or his duly authorized agent may be | ||||||
| 18 | supplied with
information from records only to the extent | ||||||
| 19 | necessary for the proper
presentation of his claim for benefits | ||||||
| 20 | or with his existing or prospective
rights to benefits. | ||||||
| 21 | Discretion to disclose this information belongs
solely to the | ||||||
| 22 | Director and is not subject to a release or waiver by the
| ||||||
| 23 | individual.
Notwithstanding any other provision to the | ||||||
| 24 | contrary, an individual or his or
her duly authorized agent may | ||||||
| 25 | be supplied with a statement of the amount of
benefits paid to | ||||||
| 26 | the individual during the 18 months preceding the date of his
| ||||||
| |||||||
| |||||||
| 1 | or her request.
| ||||||
| 2 | E. An employing unit may be furnished with information, | ||||||
| 3 | only if deemed by
the Director as necessary to enable it to | ||||||
| 4 | fully discharge its obligations or
safeguard its rights under | ||||||
| 5 | the Act. Discretion to disclose this information
belongs solely | ||||||
| 6 | to the Director and is not subject to a release or waiver by | ||||||
| 7 | the
employing unit.
| ||||||
| 8 | F. The Director may furnish any information that he may | ||||||
| 9 | deem proper to
any public officer or public agency of this or | ||||||
| 10 | any other State or of the
federal government dealing with:
| ||||||
| 11 | 1. the administration of relief,
| ||||||
| 12 | 2. public assistance,
| ||||||
| 13 | 3. unemployment compensation,
| ||||||
| 14 | 4. a system of public employment offices,
| ||||||
| 15 | 5. wages and hours of employment, or
| ||||||
| 16 | 6. a public works program.
| ||||||
| 17 | The Director may make available to the Illinois Workers' | ||||||
| 18 | Compensation Commission
information regarding employers for | ||||||
| 19 | the purpose of verifying the insurance
coverage required under | ||||||
| 20 | the Workers' Compensation Act and Workers'
Occupational | ||||||
| 21 | Diseases Act.
| ||||||
| 22 | G. The Director may disclose information submitted by the | ||||||
| 23 | State or any
of its political subdivisions, municipal | ||||||
| 24 | corporations, instrumentalities,
or school or community | ||||||
| 25 | college districts, except for information which
specifically | ||||||
| 26 | identifies an individual claimant.
| ||||||
| |||||||
| |||||||
| 1 | H. The Director shall disclose only that information | ||||||
| 2 | required to be
disclosed under Section 303 of the Social | ||||||
| 3 | Security Act, as amended, including:
| ||||||
| 4 | 1. any information required to be given the United | ||||||
| 5 | States Department of
Labor under Section 303(a)(6); and
| ||||||
| 6 | 2. the making available upon request to any agency of | ||||||
| 7 | the United States
charged with the administration of public | ||||||
| 8 | works or assistance through
public employment, the name, | ||||||
| 9 | address, ordinary occupation and employment
status of each | ||||||
| 10 | recipient of unemployment compensation, and a statement of
| ||||||
| 11 | such recipient's right to further compensation under such | ||||||
| 12 | law as required
by Section 303(a)(7); and
| ||||||
| 13 | 3. records to make available to the Railroad Retirement | ||||||
| 14 | Board as
required by Section 303(c)(1); and
| ||||||
| 15 | 4. information that will assure reasonable cooperation | ||||||
| 16 | with every agency
of the United States charged with the | ||||||
| 17 | administration of any unemployment
compensation law as | ||||||
| 18 | required by Section 303(c)(2); and
| ||||||
| 19 | 5. information upon request and on a reimbursable basis | ||||||
| 20 | to the United
States Department of Agriculture and to any | ||||||
| 21 | State food stamp agency
concerning any information | ||||||
| 22 | required to be furnished by Section 303(d); and
| ||||||
| 23 | 6. any wage information upon request and on a | ||||||
| 24 | reimbursable basis
to any State or local child support | ||||||
| 25 | enforcement agency required by
Section 303(e); and
| ||||||
| 26 | 7. any information required under the income | ||||||
| |||||||
| |||||||
| 1 | eligibility and
verification system as required by Section | ||||||
| 2 | 303(f); and
| ||||||
| 3 | 8. information that might be useful in locating an | ||||||
| 4 | absent parent or that
parent's employer, establishing | ||||||
| 5 | paternity or establishing, modifying, or
enforcing child | ||||||
| 6 | support orders
for the purpose of a child support | ||||||
| 7 | enforcement program
under Title IV of the Social Security | ||||||
| 8 | Act upon the request of
and on a reimbursable basis to
the | ||||||
| 9 | public
agency administering the Federal Parent Locator | ||||||
| 10 | Service as required by
Section 303(h); and
| ||||||
| 11 | 9. information, upon request, to representatives of | ||||||
| 12 | any federal, State
or local governmental public housing | ||||||
| 13 | agency with respect to individuals who
have signed the | ||||||
| 14 | appropriate consent form approved by the Secretary of | ||||||
| 15 | Housing
and Urban Development and who are applying for or | ||||||
| 16 | participating in any housing
assistance program | ||||||
| 17 | administered by the United States Department of Housing and
| ||||||
| 18 | Urban Development as required by Section 303(i).
| ||||||
| 19 | I. The Director, upon the request of a public agency of | ||||||
| 20 | Illinois, of the
federal government or of any other state | ||||||
| 21 | charged with the investigation or
enforcement of Section 10-5 | ||||||
| 22 | of the Criminal Code of 2012 (or a similar
federal law or | ||||||
| 23 | similar law of another State), may furnish the public agency
| ||||||
| 24 | information regarding the individual specified in the request | ||||||
| 25 | as to:
| ||||||
| 26 | 1. the current or most recent home address of the | ||||||
| |||||||
| |||||||
| 1 | individual, and
| ||||||
| 2 | 2. the names and addresses of the individual's | ||||||
| 3 | employers.
| ||||||
| 4 | J. Nothing in this Section shall be deemed to interfere | ||||||
| 5 | with the
disclosure of certain records as provided for in | ||||||
| 6 | Section 1706 or with the
right to make available to the | ||||||
| 7 | Internal Revenue Service of the United
States Department of the | ||||||
| 8 | Treasury, or the Department of Revenue of the
State of | ||||||
| 9 | Illinois, information obtained under this Act.
| ||||||
| 10 | K. The Department shall make available to the Illinois | ||||||
| 11 | Student Assistance
Commission, upon request, information in | ||||||
| 12 | the possession of the Department that
may be necessary or | ||||||
| 13 | useful to the
Commission in the collection of defaulted or | ||||||
| 14 | delinquent student loans which
the Commission administers.
| ||||||
| 15 | L. The Department shall make available to the State | ||||||
| 16 | Employees'
Retirement System, the State Universities | ||||||
| 17 | Retirement System, the
Teachers' Retirement System of the State | ||||||
| 18 | of Illinois, and the Department of Central Management Services, | ||||||
| 19 | Risk Management Division, upon request,
information in the | ||||||
| 20 | possession of the Department that may be necessary or useful
to | ||||||
| 21 | the System or the Risk Management Division for the purpose of | ||||||
| 22 | determining whether any recipient of a
disability benefit from | ||||||
| 23 | the System or a workers' compensation benefit from the Risk | ||||||
| 24 | Management Division is gainfully employed.
| ||||||
| 25 | M. This Section shall be applicable to the information | ||||||
| 26 | obtained in the
administration of the State employment service, | ||||||
| |||||||
| |||||||
| 1 | except that the Director
may publish or release general labor | ||||||
| 2 | market information and may furnish
information that he may deem | ||||||
| 3 | proper to an individual, public officer or
public agency of | ||||||
| 4 | this or any other State or the federal government (in
addition | ||||||
| 5 | to those public officers or public agencies specified in this
| ||||||
| 6 | Section) as he prescribes by Rule.
| ||||||
| 7 | N. The Director may require such safeguards as he deems | ||||||
| 8 | proper to insure
that information disclosed pursuant to this | ||||||
| 9 | Section is used only for the
purposes set forth in this | ||||||
| 10 | Section.
| ||||||
| 11 | O. Nothing in this Section prohibits communication with an | ||||||
| 12 | individual or entity through unencrypted e-mail or other | ||||||
| 13 | unencrypted electronic means as long as the communication does | ||||||
| 14 | not contain the individual's or entity's name in combination | ||||||
| 15 | with any one or more of the individual's or entity's social | ||||||
| 16 | security number; driver's license or State identification | ||||||
| 17 | number; credit or debit card number; or any required security | ||||||
| 18 | code, access code, or password that would permit access to | ||||||
| 19 | further information pertaining to the individual or entity.
| ||||||
| 20 | P. (Blank).
| ||||||
| 21 | Q. The Director shall make available to an elected federal
| ||||||
| 22 | official the name and address of an individual or entity that | ||||||
| 23 | is located within
the jurisdiction from which the official was | ||||||
| 24 | elected and that, for the most
recently completed calendar | ||||||
| 25 | year, has reported to the Department as paying
wages to | ||||||
| 26 | workers, where the information will be used in connection with | ||||||
| |||||||
| |||||||
| 1 | the
official duties of the official and the official requests | ||||||
| 2 | the information in
writing, specifying the purposes for which | ||||||
| 3 | it will be used.
For purposes of this subsection, the use of | ||||||
| 4 | information in connection with the
official duties of an | ||||||
| 5 | official does not include use of the information in
connection | ||||||
| 6 | with the solicitation of contributions or expenditures, in | ||||||
| 7 | money or
in kind, to or on behalf of a candidate for public or | ||||||
| 8 | political office or a
political party or with respect to a | ||||||
| 9 | public question, as defined in Section 1-3
of the Election | ||||||
| 10 | Code, or in connection with any commercial solicitation. Any
| ||||||
| 11 | elected federal official who, in submitting a request for | ||||||
| 12 | information
covered by this subsection, knowingly makes a false | ||||||
| 13 | statement or fails to
disclose a material fact, with the intent | ||||||
| 14 | to obtain the information for a
purpose not authorized by this | ||||||
| 15 | subsection, shall be guilty of a Class B
misdemeanor.
| ||||||
| 16 | R. The Director may provide to any State or local child | ||||||
| 17 | support
agency, upon request and on a reimbursable basis, | ||||||
| 18 | information that might be
useful in locating an absent parent | ||||||
| 19 | or that parent's employer, establishing
paternity, or | ||||||
| 20 | establishing, modifying, or enforcing child support orders.
| ||||||
| 21 | S. The Department shall make available to a State's | ||||||
| 22 | Attorney of this
State or a State's Attorney's investigator,
| ||||||
| 23 | upon request, the current address or, if the current address is
| ||||||
| 24 | unavailable, current employer information, if available, of a | ||||||
| 25 | victim of
a felony or a
witness to a felony or a person against | ||||||
| 26 | whom an arrest warrant is
outstanding.
| ||||||
| |||||||
| |||||||
| 1 | T. The Director shall make available to the Illinois | ||||||
| 2 | Department of State Police, a county sheriff's office, or a | ||||||
| 3 | municipal police department, upon request, any information | ||||||
| 4 | concerning the current address and place of employment or | ||||||
| 5 | former places of employment of a person who is required to | ||||||
| 6 | register as a sex offender under the Sex Offender Registration | ||||||
| 7 | Act that may be useful in enforcing the registration provisions | ||||||
| 8 | of that Act. | ||||||
| 9 | U. The Director shall make information available to the | ||||||
| 10 | Department of Healthcare and Family Services and the Department | ||||||
| 11 | of Human Services for the purpose of determining eligibility | ||||||
| 12 | for public benefit programs authorized under the Illinois | ||||||
| 13 | Public Aid Code and related statutes administered by those | ||||||
| 14 | departments, for verifying sources and amounts of income, and | ||||||
| 15 | for other purposes directly connected with the administration | ||||||
| 16 | of those programs. | ||||||
| 17 | V. The Director shall make information available to the | ||||||
| 18 | State Board of Elections as may be required by an agreement the | ||||||
| 19 | State Board of Elections has entered into with a multi-state | ||||||
| 20 | voter registration list maintenance system. | ||||||
| 21 | W. The Director shall make information available to the | ||||||
| 22 | State Treasurer's office and the Department of Revenue for the | ||||||
| 23 | purpose of facilitating compliance with the Illinois Secure | ||||||
| 24 | Choice Savings Program Act, including employer contact | ||||||
| 25 | information for employers with 25 or more employees and any | ||||||
| 26 | other information the Director deems appropriate that is | ||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | directly related to the administration of this program. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | X. The Director shall make information available, upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | request, to the Illinois Student Assistance Commission for the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | purpose of determining eligibility for the adult vocational | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | community college scholarship program under Section 65.105 of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | the Higher Education Student Assistance Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | (Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | Section 9995. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | Section represented by multiple versions), the use of that text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | other Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | Section 9999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||