2015 New Illinois DUI and Traffic Laws
LIQUOR-MULTIPLE VIOLATIONS; ADMINISTRATIVE SEARCHES
P.A. 98-941, eff. 1-1-15
235 ILCS 5/3-12
Amends the Liquor Control Act of 1934. In a provision concerning the suspension and revocation of licenses, provides that when determining multiple violations for the sale of alcohol to a person under the age of 21, a second or subsequent violation for the sale of alcohol to a person under the age of 21 shall only be considered if the violation was committed within 5 years after the date when a prior violation for the sale of alcohol to a person under the age of 21 was committed.
Provides that no agent of the Illinois Liquor Control Commission shall inspect private areas within the premises without reasonable suspicion or a warrant during an inspection. Provides that private areas include, but are not limited to, safes, personal property, and closed desks.
VEHICLE CODE – EMERGENCY LANE PATROL
P.A. 98-873, eff. 1-1-15
605 ILCS 5/5-701.2 625 ILCS 5/1-105 625 ILCS 5/12-215
Amends the Illinois Vehicle Code. Provides that vehicles of the Illinois State Toll Highway Authority identified as Highway Emergency Lane Patrol are authorized emergency vehicles and may use red or white oscillating, rotating, or flashing lights when responding to an emergency call or when parked or stationary while engaged in motor vehicle assistance or at the scene of the emergency. Provides that vehicles of the Illinois Toll Highway Authority may use amber oscillating, rotating, or flashing lights when engaged in maintenance or construction operations.
AUTOMATIC JUVENILE EXPUNGEMENT @ AGE 18 BY ISP
P.A. 98-637, eff. 1-1-15
705 ILCS 405/5-915 5 ILCS 160/3 20 ILCS 2630/5.2
Amends the State Records Act. Exempts from the provisions of the Act juvenile law enforcement records in the possession of the Department of State Police subject to automatic expungement under the Juvenile Court Act of 1987.
Amends the Criminal Identification Act. Removes the ability to object to a petition for expungement of a conviction record if filed by a person who has been granted a pardon with authorization for expungement on the offense by the Governor. Amends the Juvenile Court Act of 1987. Provides that 180 days after the effective date of this amendatory Act, the Department of State Police shall automatically expunge, on or before January 1 of each year, a person’s law enforcement records relating to incidents occurring before his or her 18th birthday in the Department’s possession or control which pertain to the person when arrested as a minor if: (1) the minor was arrested for an eligible offense and no petition for delinquency was filed with the clerk of the circuit court; (2) the person attained the age of 18 years during the last calendar year; and (3) since the date of the minor’s most recent arrest, at least 6 months have elapsed without an additional arrest, filing of a petition for delinquency whether related or not to a previous arrest, or filing of changes not initiated by arrest. Provides that nothing in the automatic expungement provisions precludes a person from filing a petition for expungement of records subject to automatic expungement. Provides that eligible offenses under the automatic expungement provisions are records relating to an arrest or incident occurring before the person’s 18th birthday that if committed by an adult is not an offense classified as a Class 2 felony or higher offense or sex offense. Also commencing on the effective date of this amendatory Act, a person whose law enforcement records are not subject to automatic expungement and who has attained the age of 18 years may use the Access and Review process, established in the Department of State Police, for verifying and expunging his or her law enforcement records relating to incidents occurring before his or her 18th birthday in the Department’s possession or control which pertain to the person when arrested for an eligible offense as a minor, if the incident occurred no earlier than 30 years before the effective date of this amendatory Act. Establishes procedures. Provides that a petition for expungement may include multiple offenses on the same petition, if the petitioner is 18 years of age or older and when a minor was arrested and no delinquency petition filed or if filed was found not delinquent of the offense or supervision successfully completed, or the offense would be a Class B misdemeanor or lesser offense if committed by an adult. Provides the Department of State Police or any employee of the Department shall be immune from civil or criminal liability for failure to expunge any records of arrest that are subject to expungement under the new provisions because of inability to verify a record. Provides that nothing in the expungement provisions shall create Department of State Police liability or responsibility for the expungement of law enforcement records it does not possess. Automatic expungement of records applies to law enforcement records of minors arrested or taken into custody on or after January 1, 2015 and access and review expungement of records of an incident no earlier than 30 years before the effective date of the amendatory Act applies to law enforcement records of minors arrested or taken into custody before January 1, 2015.
FLASHING YELLOW RIGHT-OF-WAY
P.A. 98-798, eff. 7-31-14
625 ILCS 5/11-306
Amends the Vehicle Code to allow a vehicle or pedestrian to enter an intersection under direction of a flashing yellow traffic-control signal, but yield to pedestrians and other vehicles already lawfully within the intersection.
Provides that pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing yellow indication is first displayed. Effective immediately.
VEHICLE CODE -CITATIONS-SIGN & DRIVE
P.A. 98-870, eff. 1-1-15
625 ILCS multi 725 ILCS 5/110-15
Amends the Vehicle Code and bail provision of the Code of Criminal Procedure.
Provides that for a traffic violation that is a petty offense as defined by the Unified Code of Corrections (excludes business offenses and 15-111 overweight violations), no bond shall be required and personal recognizance/signature shall be acceptable unless prohibited by law.
Provides that if a person fails to appear for a court date, the court shall continue the case for a minimum of 30 days and notify the person at their address of record with the Secretary of State. Provides that if, on the second court date, the person has not appeared, paid in full the amount necessary to satisfy the citation, or satisfied the court that their appearance, through no fault of their own, is impossible, the court shall order the person’s license suspended. Provides that this suspension shall be entered by the Secretary of State as a Failure to Appear suspension, and that this suspension may not be lifted, nor any other permit issued to the person, until the satisfaction of the judgment against the person.
SPECIAL HAULING VEHICLES
P.A. 98-942, eff. 1-1-15
625 ILCS 5/15-111
Amends the Illinois Vehicle Code. Provides that the weight limitation for a 3 or 4 axle vehicle (including when laden) operated or hired by a municipality within Cook, Lake, McHenry, Kane, DuPage, or Will county being operated for the purpose of performing emergency sewer repair that would normally be subject to a weight limitation less than 66,000 pounds shall have a weight limitation of 66,000 pounds or the vehicle’s gross vehicle weight rating, whichever is less. Provides that this exception to the standard weight formula does not apply on the National System of Interstate and Defense Highways, bridges, or other elevated structures constituting a part of a highway.
OFF-HIGHWAY VEHICLE STAMP
P.A. 98-820, eff. 8-1-14
20 ILCS 862/26 20 ILCS 862/34
Amends the Recreational Trails of Illinois Act. Provides that the fee for an Off-Highway Vehicle Usage Stamp for a vehicle with an engine capacity of over 75 cubic centimeters shall be $15 annually. Provides that the fee for an Off-Highway Vehicle Usage Stamp for a vehicle with an engine capacity of 75 cubic centimeters and below shall be $10 annually. Provides additional exemptions to the requirement of operators of an off-highway vehicle displaying an Off-Highway Vehicle Usage Stamp. Effective immediately.
CANNABIS PILOT PROGRAM – EPILEPSY
P.A. 98-775, eff. 1-1-15
410 ILCS 130/10 410 ILCS 130/60
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Includes “seizures,” including those characteristic of epilepsy.in the definition of “debilitating medical condition”. Provides that the Department of Public Health shall adopt rules for the issuance of a registry identification card for qualifying patients who are under 18 years of age and suffering from seizures, or as provided by administrative rule.
Provides that the Department of Public Health may adopt rules to allow other individuals under 18 years of age to become registered qualifying patients under the Compassionate Use of Medical Cannabis Pilot Program Act with the consent of a parent or legal guardian. Prohibits registered qualifying patients under 18 years of age from consuming forms of cannabis other than medical cannabis infused products and purchasing any usable cannabis.
CRIMINAL PROCEDURE – COSTS – REFUND IF FOUND INNOCENT
P.A. 98-943, eff. 1-1-15
725 ILCS 5/124A-15 new
Amends the Code of Criminal Procedure of 1963. Provides that a defendant convicted in a criminal prosecution whose conviction is reversed by a finding of factual innocence in a collateral proceeding such as habeas corpus or post-conviction relief under Article 122 of this Code is not liable for any costs or fees of the court or circuit clerk’s office, or for any charge of subsistence while detained in custody. Provides that if the defendant has paid any costs, fine, or fees, in the case, the clerk or judge shall give him or her a certificate of the payment of those costs, fine, or fees with the items of those expenses, which, when audited and approved according to law, shall be refunded to the defendant.
Limits applicability of the bill to cases in which the defendant’s conviction is reversed by a finding of factual innocence in a collateral proceeding.
CODE OF CORRECTIONS -COMMUNITY SERVICE
Status: P.A. 98-824, eff. 1-1-15
705 ILCS 405/5-105 730 ILCS 5/5-1-18.1 730 ILCS 115/1
Amends the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Probation Community Service Act. Provides that “public or community service” does not include blood donation or assignment to labor at a blood bank.
P.A. 98-697, eff. 1-1-15
625 ILCS 45/5-14
Amends the Boat Registration and Safety Act. Requires operators of a watercraft towing a person or persons to display an orange flag on their watercraft.
Provides that the flag must be displayed at the highest point of the area surrounding the boat’s helm so as to be visible from all directions.
RAILROAD POLICE AUTHORITY
P.A. 98-791, eff. 7-25-14
610 ILCS 80/2 610 ILCS 80/3 610 ILCS 80/4
Amends the Railroad Police Act. Provides that members of railroad police forces may issue administrative citations in accordance with the provisions of local law. Provides that passengers may be removed from a train or boat for conduct or language that annoys or vexes employees. Provides that this removal, if not done at the location of the offending conduct, may be done at an available public station or dock. Provides that for the purposes of removing an offending passenger, the conductor or captain may only command the assistance of passengers that are willing and able to render assistance. Provides before removing the passenger the conductor or captain must refund the passenger’s fare minus the portion attributable to distance already travelled. Provides that no operating rule, bulletin, directive, or other order of a carrier shall contradict or limit this authority. Provides that the captain or master, or employees of a boat, rather than only steamboats, may arrest a passenger that has committed a crime or misdemeanor and take him or her before a judge of the circuit court in any county through which the boat passes on its trip, filing an affidavit with the judge of the circuit court charging the passenger with that crime or misdemeanor. Effective immediately.
CRIMINAL PROCEDURE – UNFIT DEFENDANTS
P.A. 98-1025, eff. 8-22-14 in part & 1-1-15 in part
725 ILCS 5/104- multi 730 ILCS 5/5-2-4
Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. If a defendant found unfit to stand trial or acquitted by reason of insanity is placed in the custody of the Department of Human Services, removes the ability of the court to order placement in a non-secure setting within the Department if compelling reasons exist. Any defendant sent to the Department shall be held in a secure setting.
For an unfit defendant charged with a misdemeanor, changes the period of time in which the defendant, with treatment, may be expected to attain fitness for purposes of fitness determinations from one year to no longer than the length of sentence if convicted of the most serious offense.
If an unfit defendant refuses psychotropic medication, allows the medication to be administered over the defendant’s objections as provided in the Mental Health and Developmental Disabilities Code. Allows any unfit defendant in the Department of Human Services custody (rather than only those ordered into s secure setting by the court) to be transported to court hearings or other necessary appointments off facility grounds by personnel of the Department, placed in security devices or otherwise secured during the period of transportation to assure secure transport of the defendant and the safety of Department of Human Services personnel and others. Effective immediately.
Further amends the Code of Criminal Procedure of 1963. Provides that a person retained or appointed by the State or the defense to conduct a fitness examination shall, upon written request, make his or her notes, other evaluations reviewed or relied upon by the testifying witness, and any videotaped interviews available to another examiner of the defendant. Requires a forensic interview to be videotaped, unless impractical. If the interview is not videotaped, the examiner may still testify and the court may only consider the lack of compliance in according the weight and not the admissibility of the expert testimony. Allows an examiner to use these materials as part of a diagnosis or explanation. Prohibits disclosure of the examination’s contents except as otherwise provided in the Code. These changes are effective January 1, 2015, and the rest of the bill is effective immediately.
Comment: DMH no longer has forensic “non-secure” rooms.
PROOF OF VEHICLE REGISTRATION
P.A. 98-1103, eff. 1-1-15
625 ILCS 5/3-701 625 ILCS 5/3-413
Amends the Illinois Vehicle Code. Provides that a person may operate a motor vehicle that has been registered but does not display a current and valid Illinois registration sticker provided that he or she has proof, in the form of a printed receipt from the Secretary, that he or she has registered the vehicle before the previous registration’s expiration but has not yet received a new registration sticker from the Secretary. Provides that this printed proof of registration is only valid for 30 days from the expiration of the previous registration sticker’s date.
Further amends the Illinois Vehicle Code. Makes corresponding changes to the provision governing the display of registration plates.
P.A. 98-1104, eff. 8-26-14
Creates the Freedom From Location Surveillance Act. Provides that a law enforcement agency shall not obtain current or future location information pertaining to a person or his or her effects without first obtaining a court order based on probable cause to believe that the person whose location information is sought has committed, is committing, or is about to commit a crime or the effect is evidence of a crime, or if the location information is authorized under an arrest warrant issued under the Code of Criminal Procedure of 1963 to aid in the apprehension or the arrest of the person named in the arrest warrant. An order issued under a finding of probable cause must be limited to a period of 60 days, renewable by the judge upon a showing of good cause for subsequent periods of 60 days. Provides exemptions. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency obtained current or future location information pertaining to a person or his or her effects in violation of the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Provides that the State may overcome this presumption by proving the applicability of a judicially recognized exception to the exclusionary rule of the Fourth Amendment to the United States Constitution or Article I, Section 6 of the Illinois Constitution, or by a preponderance of the evidence that the law enforcement officer was acting in good faith and reasonably believed that one or more of the exceptions existed at the time the location information was obtained
Adds a definition of “basic subscriber information”. Provides that a law enforcement agency may seek to obtain current or future location information generated by an electronic device used as a condition of release from a penal institution, as a condition of pre-trial release, probation, conditional discharge, parole, mandatory supervised release, or other sentencing order, or to monitor an individual released under the Sexually Violent Persons Commitment Act or the Sexually Dangerous Persons Act. Provides that a law enforcement agency may seek to obtain current or future location information relating to an electronic device used to track a vehicle or an effect which is owned or leased by that law enforcement agency. Provides that nothing in the Act shall be construed to require a person to provide current or future location information to a law enforcement agency under the law enforcement exceptions to the Act. Provides that the Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid subpoena, court order, or search warrant
Provides that the Act does not prohibit a law enforcement agency from seeking to obtain current or future location information with the lawful consent of the owner of the electronic device. . Effective immediately.
CRIMINAL PROCEDURE –EMAILING FOR SEARCH WARRANTS
P.A. 98-829, eff. 8-1-14
725 ILCS 5/108-4
Amends the Code of Criminal Procedure of 1963. Allows a search warrant upon written complaint to be issued by use of electronic mail in addition to by facsimile transmission machine. Effective immediately.
EPA-LAW ENFORCEMENT-CONTROLLED SUBSTANCES
P.A. 98-857, eff. 8-4-14
415 ILCS 5/17.9A
Amends the Environmental Protection Act. Allows a law enforcement agency to collect, store, and transport controlled substances from residential sources to a site or facility permitted by the Illinois Environmental Protection Agency. Requires such collected controlled substances to be managed in accordance with the Environmental Protection Act, its corresponding rules and permits, and federal and State laws and regulations. Effective immediately.
DRONE SURVEILLANCE – LAW ENFORCEMENT
P.A. 98-831, eff. 1-1-15
725 ILCS 167/15 725 ILCS 167/40 new
Amends the Freedom from Drone Surveillance Act. Provides that except as provided in the Act, a law enforcement agency may not acquire information from or direct the acquisition of information through the use of a drone owned by a private third party. Provides that in the event that law enforcement acquires information from or directs the acquisition of information through the use of a privately owned drone under the Act, any information so acquired is subject to the retention and disclosure requirements of the Act. Provides that nothing in the Act prohibits private third parties from voluntarily submitting information acquired by a privately owned drone to law enforcement. Provides that in the event that law enforcement acquires information from the voluntary submission of that information whether under a request or on a private drone owner’s initiative, the information is subject to the retention and disclosure requirements of the Act.
Allows use of a drone without a search warrant, if a law enforcement agency is using a drone during a disaster or public health emergency. The use of a drone does not require an official declaration of a disaster or public health emergency prior to use. The drone may be used to obtain information necessary for the determination of whether or not a disaster or public health emergency should be declared, to monitor weather or emergency conditions, to survey damage, or to otherwise coordinate response and recovery efforts. The use of a drone is permissible during the disaster or public health emergency and during subsequent response and recovery efforts. Disaster and public health emergency have the meaning as defined by the Illinois Emergency Management Agency Act.
CODE CORRECTIONS -EXTEND PROBATION (for restitution)
Status: P.A. 98-953, eff. 1-1-15
730 ILCS 5/5-6-2
Amends the Unified Code of Corrections. Provides that the court may extend a term of probation or conditional discharge that was concurrent to, consecutive to, or otherwise interrupted by a term of imprisonment for the purpose of providing additional time to complete an order of restitution.
VEHICLE CODE – JUDGMENT REPORTS; AUTOMATED SPEED ENFORCEMENT TECH
P.A. 98-1028, eff. 8-22-14
625 ILCS 5/7-307 625 ILCS 5/11-208.3
Amends the Illinois Vehicle Code. Provides that a judgment creditor or his or her attorney, in addition to the clerk of a court or the judge of a court which has no clerk, shall forward a certified report of any judgment for damages, the rendering and nonpayment of which required the suspension of the driver’s license and registration, to the Secretary of State. Effective immediately.
Further amends the Illinois Vehicle Code to provide that calibration of automated speed enforcement systems shall be conducted on an annual basis. Requires radar or lidar equipment to undergo an internal validation test every week, but removes the requirement that a qualified technician perform the test. Provides that radar equipment shall be checked with internal frequency generators and internal circuit tests, but removes the diode display test requirement. Provides that the requirement that training on speed enforcement equipment be equivalent to the Speed Measuring Device Operator Program developed by the National Highway Traffic Safety Administration is optional. Provides that calibration test records shall be kept by the vendor or technician that performs the tests.
CIVIL PROCEDURE – DOCTOR-PATIENT PRIVILEGE; DISCLOSE INFO TO GRAND JURY
P.A. 98-954, eff. 1-1-15
735 ILCS 5/8-802
Amends the Code of Civil Procedure. In the list of circumstances under which a physician or surgeon is permitted to disclose information acquired in attending a patient in a professional character, provides that the physician or surgeon is permitted to disclose the information upon the issuance of a grand jury subpoena.
Provides that upon disclosure pursuant to a grand jury subpoena, in any criminal action where the charge is domestic battery, aggravated domestic battery, or an offense under the Sex Offenses Article of the Criminal Code of 2012, or where the patient is under the age of 18 years, or upon the request of the patient, the State’s Attorney shall petition the court for a protective order.
VEHICLE -CODE REGISTRATION (Autocycle)
P.A. 98-777, eff. 1-1-15
625 ILCS multi
Amends the Illinois Vehicle Code. Defines “autocycle”. Provides for the registration of autocycles as well as the issuance and display of license plates for autocycles. Provides that operation of an autocycle requires a Class D driver’s license. Provides that when presented with an application for vehicle registration, if the Secretary of State is not satisfied as to the ownership of the vehicle the Secretary may register the vehicle but, rather than issue a certificate of title, issue a provisional title. Provides that provisional titles are non-transferable and are valid for 3 years. Provides that at the end of the 3-year provisional title period, the provisional title holder must apply for a transferable title in the owner’s name. Provides that if ownership of the vehicle is challenged during this 3-year provisional title period, the provisional title holder shall apply for a bond equal to 1.5 times the value of the vehicle to indemnify any owner or security interest holder against the cost of recovering their interest in the vehicle, including legal fees, for the remainder of the provisional title period. Provides that a provisional title holder whose ownership of the vehicle has been challenged or the person challenging ownership may petition a circuit court of competent jurisdiction to determine the ownership of the vehicle. Provides that a provisional title shall not be available to individuals or entities that rebuild, repair, store, or tow vehicles or have a claim against the vehicle under the Labor and Storage Lien Act or the Labor and Storage Lien (Small Amount) Act. Effective January 1, 2015.
VEHICLE CODE -PROPANE TRUCK WEIGHT LIMITS
P.A. 98-956, eff. 1-1-15
625 ILCS 5/15-111
Amends the Illinois Vehicle Code. Provides that upon and during a declaration by the Governor of an emergency propane supply disaster: (1) a truck not in combination, equipped with a cargo tank, used exclusively for the transportation of propane or liquefied petroleum gas may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 40,000 pounds gross weight on a 2-axle vehicle; 54,000 pounds gross weight on a 3-axle vehicle; (2) a truck when in combination with a trailer equipped with a cargo tank used exclusively for the transportation of propane or liquefied petroleum gas may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 90,000 pounds gross weight on a 5 or 6-axle vehicle. Provides that these vehicles, when operating under this declaration, are not subject to the bridge formula.
VEHICLE CODE – DISABLED VET PARKING
P.A. 98-879, eff. 1-1-15
625 ILCS 5/11-1301.2
Amends the Illinois Vehicle Code. Provides that person with disabilities parking placards or decals that are issued to veterans with a permanent disability shall not require evidence of disability for renewal.
Further, provides that the Secretary of State shall verify that permanently disabled veterans issued a parking decal still reside in Illinois upon renewal. Provides that the Secretary may require additional documentation or a visit to a Secretary of State facility, among methods of verification. Requires the Secretary to determine persons eligible for the disabled veterans parking decal by comparing the names of individuals issued a decal with the names of persons issued a disabled veteran registration plate.
CODE OF CORRECTIONS – PROBATION EARLY TERMINATION
P.A. 98-1114, eff. 8-26-14
730 ILCS 5/5-6-2
Amends the Unified Code of Corrections. Allows a time credit toward completion of an offender’s probation or conditional discharge of 90 days for obtaining a high school diploma or GED; 120 days for obtaining an associate’s degree, career certificate, or vocational technical certification; and 180 days for obtaining a bachelor’s degree. Does not require the education to be a condition of probation or conditional discharge.
Limits probation or conditional discharge time credits for educational achievement to non-violent offenders. Defines “violent offense”. Effective immediately.
VEHICLE CODE – COVERED FARM VEHICLES
P.A. 98-882, eff. 8-13-14
625 ILCS 5/18b-101 625 ILCS 5/3-815
Amends the Illinois Vehicle Code. Defines “covered farm vehicle” under the Illinois Motor Carrier Safety Law. Requires proof of registration as a covered farm vehicle to be kept in the cab of the motor vehicle. Provides that covered farm vehicles may not be used in for-hire operations; however, provides that for-hire operations do not include the operation of a motor vehicle by a tenant under a crop share agreement to transport the landlord’s portion of the crops. Provides travel restrictions on covered farm vehicles based upon weight. Provides that beginning January 1, 2015, a $10 surcharge shall be collected in addition to standard registration fees for motor vehicles of the second division weighing 12,000 pounds or less at the request of the vehicle owner wishing to have his or her vehicle classified as a covered farm vehicle. Provides that for purposes of collecting this surcharge, motor vehicles of the second division weighing 12,000 pounds or less are considered covered farm vehicles. Effective immediately.
VEHICLE CODE – DEALER PLATES & REPAIR
P.A. 98-971, eff. 1-1-15
625 ILCS 5/3-701
Amends the Illinois Vehicle Code. Provides that dealer plates issued by another state shall exempt a vehicle from the registration requirements of the Illinois Vehicle Code for the limited purpose of transport to a repair facility within this State as evidenced by a work order or contract with the repair facility that is displayed to a law enforcement officer upon request.
COUNTY/MUNICIPALITY -NO TICKET QUOTAS
P.A. 98-650, eff. 1-1-15
55 ILCS 5/5-1136 new 20 ILCS 2610/24 new 20 ILCS 805/805-537 new
Amends the Counties Code and the Illinois Municipal Code. Provides that a county or municipality may not require a law enforcement officer to issue a specific number of citations within a designated period of time. Provides that a county or municipality may not, for purposes of evaluating a law enforcement officer’s job performance, compare the number of citations issued by the law enforcement officer to the number of citations issued by any other law enforcement officer who has similar job duties.
Provides that a municipality with its own independent inspector general and law enforcement review authority is not subject to the requirements of the amendatory Act.
Provides that such prohibition shall not affect the receipt of federal or State grants or funds used to fund traffic enforcement programs. Limits home rule powers.
Makes similar changes in the State Police Act and the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois.
BOATER SAFETY COURSES
P.A. 98-698, eff. 1-1-15
625 ILCS 45/5-18
Amends the Boat Registration and Safety Act. Provides that beginning January 1, 2016 no person born on or after January 1, 1998 shall operate a motorboat with over 10 horse power without a Boating Safety Certificate.
Beginning January 1, 2016, requires persons between 10 and 12 operating a motorboat with over 10 horse power to be under the direct on-board supervision of a parent, guardian, or designee over 18 that possesses a Boating Safety Certificate.
Beginning January 1, 2016, requires persons between 12 and 18 operating a motorboat with over 10 horse power to have a Boating Safety Certificate or be under the supervision of a parent, guardian, or designee over 18 with a Boating Safety Certificate.
Beginning January 1, 2016, provides that the owner of a motorboat with over 10 horse power shall not allow it to be operated by anyone without a Boating Safety Certificate.
Provides that a person operating a motorboat with over 10 horse power must provide their Boating Safety Certificate to law enforcement upon request.
Provides that boat liveries may offer an abbreviated safety course that allows persons renting motorboats from the livery to operate those rentals without a Boating Safety Certificate.
Provides that providing false information in an application for a Boating Safety Certificate or displaying a false certificate is a Class A misdemeanor. Provides exceptions to the certificate requirement.
Provides that a Boating Safety Certificate is not required by a person that has assumed operation of a motorboat for the purpose of completing a watercraft safety course approved by the Department of Natural Resources, the U.S. Coast Guard, or the National
Association of State Boating Law Administrators.
Provides that the Department of Natural Resources must adopt rules to implement the issuance of Boating Safety Certificates, and shall consult and coordinate with the public, professional boating organizations, and the boating business community in adopting these rules.
Requires boat liveries to offer abbreviated operating and safety instruction to renters. Provides that any person that has a Boating Safety Certificate or is exempt from the requirement does not have to complete an abbreviated operating and safety instruction in order to operate a motorboat rented from a boat livery.
Provides that a Boating Safety Certificate is not required by a person who is an Illinois resident who has met the applicable boating safety standards of another state or possesses a Canadian Pleasure Craft Operator’s Card, a person using only an electric motor to propel the motorboat, or a person operating a motorboat on private property.
CRIMINAL CODE – SEIZURE & FORFEITURE OF WATERCRAFT
P.A. 98-699, eff. 1-1-15
720 ILCS 5/36-1 720 ILCS 5/36-1a 720 ILCS 5/36-2 720 ILCS 5/36-3 720 ILCS 5/36-4
Amends the Criminal Code of 2012. Provides for the seizure and forfeiture of a watercraft used with the knowledge and consent of the owner in the commission of specified offenses. Provides for the seizure and forfeiture of a watercraft when a person operating the watercraft was (1) under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under the Boat Registration and Safety Act during a period in which his or her privileges to operate a watercraft are revoked or suspended and the revocation or suspension was for operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof; (2) operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and has been previously convicted of reckless homicide or a similar provision of a law in another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof as an element of the offense or the person has previously been convicted of committing a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof and was involved in an accident that resulted in death, great bodily harm, or permanent disability or disfigurement to another, when the violation was a proximate cause of the death or injuries; or (3) the person committed a violation of operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof under the Boat Registration and Safety Act or a similar provision for the third or subsequent time.
NATURAL GAS VEHICLES
P.A. 98-1029, eff. 1-1-15
625 ILCS 5/15-111
Amends the Illinois Vehicle Code. Provides that vehicles or a combination of vehicles fueled by natural gas may exceed the weight limits of the Illinois Vehicle Code by 2,000 pounds except when on an interstate highway and so long as they do not exceed any posted weight limits.
CRIME VICTIMS RIGHTS – CONSTITUTIONAL AMENDMENT
Status: Adopted both Houses; Fall 2014 ballot
Illinois Constitution Art. 1, Sec. 8.1
Victims’ Rights Constitutional Amendment. . Changes the title of the constitutional provision from crime victim’s rights to crime victims’ rights. Restores provision that crime victims have the right to communicate (rather than confer) with the prosecution. Proposes that the victim has standing to assert the rights enumerated in the victims’ right provision in any court exercising jurisdiction over the case. Example: right to a timely disposition. Proposes that the court shall promptly rule on a victim’s request Proposes that the victim does not have party status. Proposes that the accused does not have standing to assert the rights of a victim. Proposes that the court shall not appoint an attorney for the victim under this provision. Proposes that nothing in the constitutional provision shall be construed to alter the powers, duties, and responsibilities of the prosecuting attorney.
Delegates to enabling legislation that crime victims have the right to have access information in a report related to any aspect of a defendant’s sentence when available to the defendant. Deletes that crime victims have the right to refuse to disclose to the defendant information that is privileged or confidential by law, as determined by a court of law with jurisdiction over the case. Provides that crime victims have the right to notice and to a hearing before a court ruling on a request for access to any of the victim’s records, information, or communications which are privileged or confidential by law.
Nothing in this Section or any law enacted under this Section shall be construed as creating (1) a basis for vacating a conviction or (2) a ground for any relief requested by the defendant.
CRIMINAL JUSTICE REFORM COMMITTEE
Status: Adopted both Houses
Creates the Joint Criminal Justice Reform Committee legislative task force) to examine the impact of the current sentencing structure, ensure that the enforcement and punishment of crimes does not disproportionately or unfairly affect certain racial, ethnic, or minority groups, and develop solutions to address the issues that exist within the system. Provides that the Committee shall submit a report to the General Assembly no later than December 1, 2014.
COURT CLERKS-DOCUMENT STORAGE FEE
P.A. 98-606, eff. 6-1-14
705 ILCS 105/27.3a 705 ILCS 105/27.3c
Amends the Clerks of Courts Act. Authorizes county boards to require the clerk of the circuit court to charge and collect a court automation fee of up to $25 (instead of $15) and a court document fee of up to $25 (instead of $15).
Limits the fee amount imposed upon certain defendants to not less than $1 nor more than $15.
CRIMINAL ID – EXPUNGEMENT/SEALING (SIMPLE BATTERY, etc.)
P.A. 98-1009, eff. 1-1-15
20 ILCS 2630/5.2
Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge/seal the records of his or her arrest for a criminal offense that results in a court supervision or conviction for simple battery, assault, agg assault & reckless conduct if a person has not been convicted of another criminal offense within a 7-year period for anything other than a minor traffic offense. Provides that the records are not eligible for expungement until 7 years have passed following the termination of the sentence with no further convictions during that time frame.
COOK COUNTY & DRUG FIELD TESTS @ PRELIMS
Status: Passed Senate w/ amend; HCC/MTC; VS (Rules)
Senate Floor Amendment No. 3
Deletes reference to:
730 ILCS 195/15
Adds reference to:
Replaces everything after the enacting clause. Creates the Cook County Drug Analysis Field Test Pilot Program Act. Creates the Cook County Drug Analysis Field Test Pilot Program. Provides that within 30 days after the effective date of this Act, the Superintendent of Police for the City of Chicago shall create a pilot program that allows officers to use drug analysis field test devices for use in both Branch 38 and Branch 50 of the Circuit Court of Cook County to determine whether a recovered substance is illegal cannabis, cocaine, or heroin. Provides that the Superintendent shall provide field test training and inventory procedures consistent with this purpose. Provides that the Superintendent of Police for the City of Chicago shall notify the Director of the Cook County Department of Corrections each time a defendant is entered into custody subject to a drug analysis field test. Provides that the Superintendent, Cook County State’s Attorney, and Director of the Cook County Department of Corrections shall tally the number of days each defendant remains in custody as part of the Pilot Program from arrest until preliminary examination and report this information to the Pilot Program Study Committee. Provides that the Pilot Program shall operate one year from the later of September 1, 2014 or 30 days after the effective date of the Act. Provides that the General Assembly may appropriate funds to the Chicago Police Department, to be used solely for the purchase of drug analysis field tests and to carry out obligations of the Cook County Drug Analysis Field Test Pilot Program, including, but not limited to, the preparation and submission of reports to the General Assembly. Provides that the Act is repealed on January 1, 2016. Effective immediately.
RELIGIOUS BUS DRIVERS
P.A. 98-884, eff. 1-1-15
625 ILCS 5/6-106.2 625 ILCS 5/6-106.3 3 625 ILCS 5/6-106.4
Amends the Illinois Vehicle Code. Provides that the Secretary of State may grant a waiver to the requirement that religious organization bus drivers hold a valid driver’s license for 3 years prior to the date of application if there was a break of 30 days or less in holding a valid driver’s license during that 3 year period.
Further Amends the Illinois Vehicle Code. Provides that for a lapse in license renewal of 30 days or less, the applicant shall be eligible without a waiver from the Secretary of State. Provides that a waiver is only required for a lapse in excess of 30 days. Extends this grace period and application waiver to senior citizen transportation drivers and for-profit ridesharing arrangement drivers.
P.A. 98-1063, eff. 1-1-15
50 ILCS 205/4
Amends the Local Records Act. Provides that any person who knowingly, without lawful authority and with the intent to defraud any party, public officer, or entity, alters, destroys, defaces, removes, or conceals any public record commits a Class 4 felony.
MDDP & LICENSE SUSPENSIONS
P.A. 98-1015, eff. 8-22-14
625 ILCS 5/6-206.1 625 ILCS 5/6-208.1
Amends the Illinois Vehicle Code – Monitoring Device Driving Permit (MDDP) provision. Adds disqualification based on death/great bodily harm accident only if such injury was “to another.”
Further provides that the 12 month statutory summary suspension provision for a refusal or failure to complete a test under 11-501.1 applies only if “the person was not involved in a motor vehicle accident that caused personal injury or death to another.”
Also adds: “(e) A first offender who refused chemical testing and whose driving privileges were summarily revoked pursuant to Section 11-501.1 (refusal & Personal injury- to- another accident type A) shall not be eligible for a monitoring device driving permit, but may make application for reinstatement or for a restricted driving permit after a period of one year has elapsed from the effective date of the revocation. Effective immediately.
P.A. 98-722, eff. 7-16-14
625 ILCS multi & P.A. 98-176, Sec. 99
Amends the Illinois Vehicle Code. Provides that the definition of “medical examiner” shall be changed to mean an individual certified by the Federal Motor Carrier Safety Administration and listed on the National Registry of Certified Medical Examiners in accordance with Federal Motor Carrier Safety Regulations. Defines “foreign commercial driver” as a person licensed to operate a commercial motor vehicle by an authority outside the United States, or a citizen of a foreign country that operates a commercial motor vehicle in the United States. Expands the definition of “imminent hazard” to include any condition of a vehicle, employee, or commercial motor vehicle operations that substantially increases the likelihood of serious injury or death. Provides that an employer or commercial motor vehicle owner shall not allow or require an employee to drive a commercial motor vehicle if he or she knows or should reasonably know (rather than just knowingly) that the employee has (1) had their license suspended, revoked, or cancelled by any state; (2) has lost the privilege to operate a commercial motor vehicle in any state; (3) has been disqualified from driving a commercial motor vehicle; (4) has more than one driver’s license except as provided by the Uniform Commercial Driver’s License Act; or (5) is subject to or in violation of an “out-of-service” order. Provides that foreign commercial drivers are subject to disqualification. Provides that the Secretary of State shall report convictions of traffic violations by a foreign driver’s license holder to that driver’s licensing authority. Provides that Public Act 98-176 shall not take effect until July 8, 2015 (rather than July 1, 2014). Effective immediately.
ID AND LICENSES
P.A. 98-726, eff. 1-1-15
15 ILCS 335/4A 625 ILCS 5/6-206 625 ILCS 5/6-521
Amends the Illinois Identification Card Act. Expands the definition of disability to include oncological impairments. Amends the Illinois Vehicle Code. Provides that the Secretary of State may suspend or revoke the driving privileges of a person that has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States in another state for a traffic related offense that would be sufficient to merit suspension or revocation of driving privileges under the Illinois Vehicle Code. Removes the ability and requirement of the Secretary State to adopt rules for restricted commercial driver’s licenses limited to operation of a school bus, which was replaced by the School Bus Driver’s Permit. Effective January 1, 2015.
TRAFFIC STUDY REPEAL DATE
P.A. 98-686, eff. 6-30-14
625 ILCS 5/11-212
Amends the Illinois Vehicle Code. Changes the July 1, 2015 repeal date for the Section requiring a traffic stop statistical study to a 4 year extension of the repeal date.
SERIOUS TRAFFIC VIOLATION FEE
P.A. 98-658, eff. 6/23/14
625 ILCS 5/16-104d 705 ILCS 105/27.5 730 ILCS 5/5-6-1 705 ILCS 105/27.6
Amends the Illinois Vehicle Code. Provides that the $35 additional fee for serious traffic violations shall not become inoperative until January 1, 2020 (rather than October 13, 2014). Makes corresponding changes to the Clerks of Courts Act and the Unified Code of Corrections. Effective immediately.
COURT FEES-POLICE OPERATIONS
P.A. 98-1016, eff. 8-22-14
705 ILCS 105/27.3a
Amends the Clerks of Courts Act. Provides that a fee imposed upon certain defendants shall equal the fee collected to defray expenses related to an automated record keeping system, but shall not be more than $15. Effective June 1, 2014.
ADULT DRIVERS EDUCATION
Status: P.A. 98-876, eff. 1-1-15
625 ILCS 5/6-107.5
Amends the Illinois Vehicle Code. Provides that in order to qualify for certification to provide adult driver education, an applicant must authorize a background investigation including the use of his or her fingerprints to determine if the applicant has ever been convicted of a crime and if so the disposition of those convictions.
Authorizes the Secretary of State to work with federal, State, and local government officials in performing this investigation. Provides that the applicant shall pay any other fingerprint-related fees. Provides that information received by the Secretary in the course of this investigation shall be provided to the applicant, and any criminal conviction information shall be confidential, except that this information may be used in an administrative hearing relating to the denial, cancellation, suspension, or revocation of certification. Provides that an employee of the Secretary of State that makes an unauthorized disclosure of this information is guilty of a Class A misdemeanor.
CRIMINAL PROCEDURE SEARCH WARRANTS via A-V
P.A. 98-905, eff. 1-1-15
725 ILCS 5/108-4
Amends the Code of Criminal Procedure of 1963. When a search warrant is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the requestor and a judge, the judge may issue a search warrant based upon sworn testimony communicated in the transmission. Establishes procedures concerning the application, issuance, contents, and execution of these warrants. Requires the Chief Judge of the circuit court or presiding judge in the issuing jurisdiction to, by local rule, create a standard practice for the filing or other retention of documents or recordings produced in the process of issuing search warrants.
P.A. 98-732, eff. 7-16-14
5 ILCS 350/1
Amends the State Employee Indemnification Act. Adds individuals who contract with the Office of the State’s Attorneys Appellate Prosecutor to provide professional services to the definition of “employee,” only when performing duties within the scope of the Office’s prosecutorial activities. Makes other changes. Effective immediately.
P.A. 98-734, eff. 1-1-15
625 ILCS 5/11-208.7
Amends the Illinois Vehicle Code. Provides that counties in addition to municipalities may adopt administrative procedures for the release of impounded vehicles. Provides that counties and municipalities that do not wish to set up an administrative review of the hearing officer’s decisions shall direct appeals to the circuit court having jurisdiction over the county or municipality.
P.A. 98-1017, eff. 1-1-15
235 ILCS 5/6-16
Amends the Liquor Control Act of 1934. Expands the Prohibited Sales and Possession statute to include (in addition to a parent or guardian’s residence) any vehicle, conveyance, or watercraft under his or her control, when an invitee acts in violation of the underage liquor control statute. The trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.
WINDOW TINT CERTIFICATION
P.A. 98-737, eff. 1-1-15
625 ILCS 5/12-503
Amends the Illinois Vehicle Code. Provides that persons with medical certificates allowing tinted windows only need to renew their medical certificate every 4 years, rather than annually.
CRIMINAL CODE – FORFEITURE-VEHICLES
P.A. 98-1020, eff. 8-22-14
720 ILCS 5/36- multi
Amends the Criminal Code of 2012. Adds various offenses to the list for which a vessel, vehicle, or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit, the offense may be seized and forfeited. Provides that the vessel, vehicle, or aircraft may be seized and impounded by law enforcement agency (rather than delivered forthwith to the sheriff at the Courts of Seizure).
Additional offenses include such offenses as felony crim sexual abuse, aggravated crim sexual abuse, indecent solicitation of a child, child pornography, aggravated battery, stalking, armed robbery, burglary, and certain retail theft offenses.
Adds seizure and forfeiture for aggravated battery by a person who is at least 18 years of age, when committing a battery, who knowingly and without legal justification causes bodily harm or disability or disfigurement to any child under the age of 13 years or to any severely or profoundly intellectually disabled person, which was previously added to aggravated battery of a child (former 720 ILCS 5/12-4.3(a-5)) by P.A. 95-768 (now 720 ILCS 5/12-3.05(b)(2)). Makes other technical changes to the bill. Effective immediately.
VEHICLE CODE – BUS ON SHOULDERS
P.A. 98-871, eff. 8-11-14
625 ILCS 5/11-709.2 625 ILCS 5/11-709.3
Amends the Illinois Vehicle Code. Makes permanent the bus on shoulder pilot program. Effective immediately.
LAW ENFORCEMENT – ARMOR VESTS
P.A. 98-743, eff. 1-1-15
New Act 50 ILCS 705/9
Creates the Law Enforcement Officer Bulletproof Vest Act. Provides that each law enforcement agency within the State shall provide a bulletproof vest for every law enforcement officer of that agency who is employed as a new recruit by that agency on or after the effective date of the Act as part of the officer’s initial equipment issue. Provides that each bulletproof vest shall be replaced before the expiration of the warranty period of the vest at the expense of the law enforcement agency. Provides that if the law enforcement agency is a local law enforcement agency and not a State agency, one-half the costs of purchasing the bulletproof vests shall be from State funds and one-half from the funds of the unit of local government, including the matching grants received from the United States Department of Justice. Provides that the Act does not apply if United States Department of Justice and State matching funds are not available or if the law enforcement agency collectively bargains with its officers or the exclusive representative of the officers for allowances to purchase bulletproof vests.
Further provides that if substantial funding for the purchase of bulletproof vests is provided to law enforcement agencies by the federal government and State government, the law enforcement agency shall comply with the provisions of the Act. Provides that the Act does not apply to a law enforcement agency if any one of the following is applicable: (1) substantial funding, as determined by the Illinois Law Enforcement Training Standards Board, is not provided to that agency by the federal and State government; (2) the law enforcement agency collectively bargains with its officers or exclusive representative of the officers for uniform allowances, and bulletproof vests are considered to be a part of the uniform for which the allowance is given; or (3) the law enforcement agency collectively bargains with its officers or exclusive representative of the officers for the provision of bulletproof vests. Provides that all officer bulletproof vests shall be replaced before or at the expiration of the warranty period of the vest at the expense of the law enforcement agency. Provides that the Illinois Law Enforcement Training Standards Board shall determine whether or not costs for the purchase of bulletproof vests are substantially funded by the federal and State government
Amends the Police Training Act. Provides that a portion of the Traffic and Criminal Conviction Surcharge Fund may be used by the Illinois Law Enforcement Training Standards Board, subject to appropriation, to administer grants to local law enforcement agencies for the purpose of purchasing bulletproof vests under the Law Enforcement Officer Bulletproof Vest Act.
VEHICLE INSURANCE VERIFICATION ADVISORY BOARD
P.A. 98-787, eff. 7-25-14
625 ILCS multi New Act
Amends the Illinois Vehicle Code. Removes the requirement that applicants for vehicle registration provide insurance information for the vehicle for which registration issuance or renewal is being sought. Removes the provision that submission of false insurance information with a vehicle registration application is a Class C misdemeanor. Repeals the Section requiring remittance agents remitting vehicle registration applications to ask customers for the vehicle’s insurance information. Provides that current procedures for insurance verification shall be repealed on December 31, 2015.
Creates the Uninsured Motorist Verification Advisory Committee Act. Provides that the Secretary of State shall establish and appoint an Uninsured Motorist Verification Advisory Committee consisting of representatives of the Department of Insurance and the insurance industry for the purpose of designing an electronic motor vehicle liability insurance verification program, including methods of funding, implementing, and operating the program. Provides that this program must: (1) require insurance companies to make relevant insurance information available to the Secretary; (2) provide a means of electronically verifying motor vehicle liability insurance policies; (3) require the Secretary to verify the existence of a liability insurance policy for every motor vehicle registered in Illinois once every 12 months; (4) allow the Secretary to request information from motor vehicle owners whose liability insurance can not be verified; (5) suspend the registration of any motor vehicle owner that fails to respond or whose response shows the motor vehicle is not covered; (6) require insurance companies to assist the Secretary in verifying insurance information submitted in response to an information request; (7) authorize the Secretary to perform additional insurance verifications. Provides that this proposed legislation must not give the Secretary regulatory authority over insurance companies. Requires the Secretary to adopt rules for the electronic motor vehicle liability insurance verification system by January 1, 2016, subject to appropriation. Repeals this Act on July 1, 2016. Effective immediately.
CRIMINAL IDENTIFICATION – ORDINANCE VIOLATIONS (Expunge or Seal)
P.A. 98-635, eff. 1-1-15
20 ILCS 2630/5.2
Amends the Criminal Identification Act. Provides that expungement/ sealing for orders of supervision and convictions, includes orders of supervision and convictions on municipal ordinance violations that are not otherwise excluded from sealing by the Act.
VEHICLE CODE – NIGHTTIME PERMIT
P.A. 98-746, eff. 1-1-15
625 ILCS 5/6-113
Amends the Illinois Vehicle Code. Provides that persons using vision aid arrangements other than standard eyeglasses or contact lenses may apply for a special restricted training permit that will permit them to operate a motor vehicle between sunset and 10:00 p.m. for 6 months, provided they are accompanied by a person holding a valid driver’s license without nighttime operation restrictions. Provides that persons applying for this permit must, at a minimum, (1) possess a valid driver’s license and have operated a motor vehicle during daylight hours for a period of 6 months using vision aid arrangements other than standard eyeglasses or contact lenses and (2) have a driving record that does not include any traffic accidents that occurred during nighttime hours, for which the person has not been found to be at fault during the 6 months prior to application. Provides that the Secretary may adopt rules defining additional terms and conditions for the issuance and renewal of these permits.
Further provides that a person applying for a special restricted license permit that allows a person using a vision aid other than standard eyeglasses or contact lenses must not have a driving record that includes any motor vehicle accident, regardless of the time of day, for which the applicant was found to be at fault.
VISION AID LICENSE RENEWAL
P.A. 98-747, eff. 1-1-15
625 ILCS 5/6-113 625 ILCS 5/6-201
Amends the Illinois Vehicle Code. Provides that special restricted licenses issued allowing individuals that use vision aid arrangements other than standard eyeglasses or contact lenses to operate a motor vehicle during nighttime hours shall be valid for a period of 48 months instead of 12. Provides that this license shall be cancelled if the license holder does not submit annual certification from a vision specialist that his or her vision has not changed.
Provides that the Secretary of State may cancel a special restricted license for nighttime driving if the license holder violates any provision of the Illinois Vehicle Code during nighttime hours or is involved in a motor vehicle accident during nighttime hours for which the license holder is at fault.
STATES ATTORNEYS APPELLATE PROSECUTORS -BEST PRACTICES PROTOCOL
P.A. 98-938, eff. 8-15-14
725 ILCS 210/4.12 new
Amends the State’s Attorneys Appellate Prosecutor’s Act to require the Board of Governors of the Office of the State’s Attorneys Appellate Prosecutor to establish a committee to evaluate and recommend a best practices protocol on specific issues related to investigation and prosecution of serious criminal offenses. Effective immediately.
CODE OF CORRECTIONS – RESTITUTION – PAYMENT
P.A. 98-940, eff. 1-1-15
730 ILCS 5/5-6-2 730 ILCS 5/5-6-3.1
Amends the Unified Code of Corrections concerning restitution payments by persons on probation, conditional discharge, or supervision. Provides that if payment of restitution as ordered has not been made, the victim shall file a petition notifying the sentencing court, any other person to whom restitution is owed, and the State’s Attorney of the status of the ordered restitution payments unpaid at least 90 days before the probation, conditional discharge, or supervision expiration date. Provides that if payment as ordered has not been made, the court shall hold a review hearing prior to the expiration date, unless the hearing is voluntarily waived by the defendant with the knowledge that waiver may result in an extension of the probation, conditional discharge, or supervision period or in a revocation of probation, conditional discharge, or supervision. Provides that if the court does not extend probation, conditional discharge, or supervision, it shall issue a judgment for the unpaid restitution and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has already recovered a judgment against the defendant for the amount covered by the restitution order. Provides that if the court issues a judgment for the unpaid restitution, the court shall send to the defendant at his or her last known address written notification that a civil judgment has been issued for the unpaid restitution.