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STATE RECORDS ACT – 5 ILCSGOVERNMENT-TECH (ARREST REPORTS)Public Act 98-0555 Effective Date: (SB0115)January 1, 2014(5 ILCS 160/4a) ????Sec. 4a. Arrest reports. (f) All information, including photographs, made available under this Section is subject to the provisions of Section 2QQQ of the Consumer Fraud and Deceptive Business Practices Act.(50 ILCS 205/3b) ????Sec. 3b. Arrest reports.(f) All information, including photographs, made available under this Section is subject to the provisions of Section 2QQQ of the Consumer Fraud and Deceptive Business Practices Act.(815 ILCS 505/2QQQ new)????Sec. 2QQQ. Criminal record information.????(a) It is an unlawful practice for any person engaged in publishing or otherwise disseminating criminal record information through a print or electronic medium to solicit or accept the payment of a fee or other consideration to remove, correct, or modify said criminal record information.????(b) For the purposes of this Section, "criminal record information" includes any and all of the following:????????(1) descriptions or notations of any arrests, any ????formal criminal charges, and the disposition of those ????criminal charges, including, but not limited to, any ????information made available under Section 4a of the State ????Records Act or Section 3b of the Local Records Act;????????(2) photographs of the person taken pursuant to an ????arrest or other involvement in the criminal justice system; ????or????????(3) personal identifying information, including a ????person's name, address, date of birth, photograph, and ????social security number or other government-issued ????identification number.LOCAL GOV APPOINTEE ETHICS ACTPublic Act 98-0457 Effective Date: (HB2925)August 16, 2013(5 ILCS 430/70-20 new)????Sec. 70-20. Members appointed by a county. In addition to any other applicable requirement of law, any member of a governmental entity appointed by the president or chairperson of the county board, with or without the advice and consent of the county board, shall abide by the ethics laws applicable to, and the ethics policies of, that county and, if applicable, shall be subject to the jurisdiction of that county's ethics officer or inspector general.EXECUTIVE OFFICERS – 15 ILCSAPOSTILLES&CERTIFICATIONSPublic Act 98-0170 Effective Date: (HB1013)August 5, 2013(15 ILCS 305/5.20 new)????Sec. 5.20. Apostilles and certifications.????(a) A request for an apostille or a certification shall be submitted on the form prescribed by the Secretary of State and must be accompanied by the lawful fee for the apostille or certification.????(b) The Secretary of State may refuse to issue an apostille or certification if:????????(1) the document has not been certified by the ????appropriate authority, if applicable;????????(2) the document has not been properly notarized in ????accordance with the Illinois Notary Public Act, if ????applicable;????????(3) the document submitted to the Secretary of State is ????not an original document;????????(4) the document is intended for use in the United ????States or in a country not party to the Hague Legalization ????Convention, if applicable;????????(5) the document makes a claim regarding or purports to ????affect citizenship, immunity, allegiance to a government ????or jurisdiction, sovereignty, or any similar or related ????matter; or????????(6) the Secretary of State has reasonable cause to ????believe the document may be used to accomplish any ????fraudulent, criminal, or unlawful purpose.????(c) A person may not remove an apostille, certification, any part of the apostille or certification, or the "great seal of the State of Illinois" from any document to which the Secretary of State has affixed it. This act or any attempt to do so shall render the apostille or certification invalid.????(d) The Secretary of State shall have the power and authority reasonably necessary to administer this Section efficiently, to perform the duties imposed by this Section, and to adopt rules relating to those duties, in accordance with the Illinois Administrative Procedure Act. ? (720 ILCS 5/32-8.1 new)????Sec. 32-8.1. Tampering with a certification by a public official.????(a) A person commits tampering with a certification by a public official when he or she knowingly, without lawful authority, and with the intent to defraud any individual, entity, public officer, or governmental unit, uses a certification or part of a certification by a public official, including but not limited to an apostille, the "great seal of the State of Illinois", or other similar certification, in connection with any document he or she knows or reasonably should know is not the original document for which the public official originally issued the certification.????(b) Sentence. Tampering with a certification by a public official is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.DEPARTMENT OF HUMAN SERVICES – 20 ILCSCHESTER- SEXUALLY VIOLENTPublic Act 98-0079 Effective Date: (SB0093)July 15, 2013(20 ILCS 1705/14)??(from Ch. 91 1/2, par. 100-14) ????Sec. 14. Chester Mental Health Center. To maintain and operate a facility for the care, custody, and treatment of persons with mental illness or habilitation of persons with developmental disabilities hereinafter designated, to be known as the Chester Mental Health Center.The Department may elect to place persons who have been ordered by the court to be detained under the Sexually Violent Persons Commitment Act in a distinct portion of the Chester Mental Health Center. The persons so placed shall be separated and shall not comingle with the recipients of the Chester Mental Health Center. The portion of Chester Mental Health Center that is used for the persons detained under the Sexually Violent Persons Commitment Act shall not be a part of the mental health facility for the enforcement and implementation of the Mental Health and Developmental Disabilities Code nor shall their care and treatment be subject to the provisions of the Mental Health and Developmental Disabilities Code. The changes added to this Section by this amendatory Act of the 98th General Assembly are inoperative on and after June 30, 2015. (725 ILCS 207/30) ????Sec. 30. Detention; probable cause hearing; transfer for examination. ????(a) Upon the filing of a petition under Section 15 of this Act, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under subsection (f) of Section 35 of this Act. A person detained under this Section shall be held in a facility approved by the Department. The Department may elect to place persons who have been ordered by the court to be detained in a State-operated mental health facility or a portion of that facility. Persons placed in a State-operated mental health facility under this Act shall be separated and shall not comingle with the recipients of the mental health facility. The portion of a State-operated mental health facility that is used for the persons detained under this Act shall not be a part of the mental health facility for the enforcement and implementation of the Mental Health and Developmental Disabilities Code nor shall their care and treatment be subject to the provisions of the Mental Health and Developmental Disabilities Code. The changes added to this Section by this amendatory Act of the 98th General Assembly are inoperative on and after June 30, 2015. If the person is serving a sentence of imprisonment, is in a Department of Corrections correctional facility or juvenile correctional facility or is committed to institutional care, and the court orders detention under this Section, the court shall order that the person be transferred to a detention facility approved by the Department. A detention order under this Section remains in effect until the person is discharged after a trial under Section 35 of this Act or until the effective date of a commitment order under Section 40 of this Act, whichever is applicable. BLUE ALERT SYSTEMPublic Act 98-0263 Effective Date: (HB2893)January 1, 2014(20 ILCS 2605/2605-595 new)????Sec. 2605-595. Crimes Against Police Officers Advisory.????(a) For purposes of this Section:????????"Attempt" has the meaning ascribed to that term in ????Section 8-4 of the Criminal Code of 2012.????????"Concealment of homicidal death" has the meaning ????ascribed to that term in Section 9-3.4 of the Criminal Code ????of 2012. ????????"First degree murder" has the meaning ascribed to that ????term in Section 9-1 of the Criminal Code of 2012. ????????"Involuntary manslaughter" and "reckless homicide" ????have the meanings ascribed to those terms in Section 9-3 of ????the Criminal Code of 2012.????????"Second degree murder" has the meaning ascribed to that ????term in Section 9-2 of the Criminal Code of 2012. ????(b) A coordinated program known as the Crimes Against Police Officers Advisory is established within the Department of State Police. The purpose of the Crimes Against Police Officers Advisory is to provide a regional system for the rapid dissemination of information regarding a person who is suspected of committing or attempting to commit any of the offenses described in subsection (c).????(c) The Department of State Police shall develop an advisory to assist law enforcement agencies when the commission or attempted commission of the following offenses against a peace officer occur:????????(1) first degree murder;????????(2) second degree murder;????????(3) involuntary manslaughter;????????(4) reckless homicide; and????????(5) concealment of homicidal death. ????(d) Law enforcement agencies participating in the advisory may request assistance when:????????(1) the agency believes that a suspect has not been ????apprehended;????????(2) the agency believes that the suspect may be a ????serious threat to the public; and????????(3) sufficient information is available to disseminate ????to the public that could assist in locating the suspect. ????(e) The Department of State Police shall reserve the authority to determine if dissemination of the information will pose a significant risk to the public or jeopardize the investigation. ????(f) The Department of State Police may partner with media and may request a media broadcast concerning details of the suspect in order to obtain the public's assistance in locating the suspect or vehicle used in the offense, or both.CRIMINAL ID-CONVICTION-DATAPublic Act 98-0528 Effective Date: (SB1598)January 1, 2015(20 ILCS 2630/4.5 new)????Sec. 4.5. Ethnic and racial data collection.????(a) Ethnic and racial data for every adult or juvenile arrested shall be collected at the following points of contact by the entity identified in this subsection or another entity authorized and qualified to collect and report on this data:????????(1) at arrest or booking, by the supervising law ????enforcement agency;????????(2) upon admittance to the Department of Corrections, ????by the Department of Corrections;????????(3) upon admittance to the Department of Juvenile ????Justice, by the Department of Juvenile Justice; and ????????(3) upon transfer from the Department of Juvenile ????Justice to the Department of Corrections, by the Department ????of Juvenile Justice.????????????(b) Ethnic and racial data shall be collected through selection of one of the following categories:????????(1) American Indian or Alaskan Native;????????(2) Asian or Pacific Islander;????????(3) Black or African American;????????(4) White or Caucasian;????????(5) Hispanic or Latino; or????????(6) Unknown.????(c) The collecting entity shall make a good-faith effort to collect race and ethnicity information as self-reported by the adult or juvenile. If the adult or juvenile is unable or unwilling to provide race and ethnicity information, the collecting entity shall make a good-faith effort to deduce the race and ethnicity of the adult or juvenile. (20 ILCS 2630/5)??(from Ch. 38, par. 206-5) ????Sec. 5. Arrest reports. All policing bodies of this State shall furnish to the Department, daily, in the form and detail the Department requires, fingerprints, and descriptions, and ethnic and racial background data as provided in Section 4.5 of this Act of all persons who are arrested on charges of violating any penal statute of this State for offenses that are classified as felonies and Class A or B misdemeanors and of all minors of the age of 10 and over who have been arrested for an offense which would be a felony if committed by an adult, and may forward such fingerprints and descriptions for minors arrested for Class A or B misdemeanors. Moving or nonmoving traffic violations under the Illinois Vehicle Code shall not be reported except for violations of Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In addition, conservation offenses, as defined in the Supreme Court Rule 501(c), that are classified as Class B misdemeanors shall not be reported. Those law enforcement records maintained by the Department for minors arrested for an offense prior to their 17th birthday, or minors arrested for a non-felony offense, if committed by an adult, prior to their 18th birthday, shall not be forwarded to the Federal Bureau of Investigation unless those records relate to an arrest in which a minor was charged as an adult under any of the transfer provisions of the Juvenile Court Act of 1987.(20 ILCS 2635/3)??(from Ch. 38, par. 1603) ????Sec. 3. Definitions. Whenever used in this Act, and for the purposes of this Act, unless the context clearly indicates otherwise: ? (G) "Criminal history record information" means data identifiable to an individual, including information collected under Section 4.5 of the Criminal Identification Act, and consisting of descriptions or notations of arrests, detentions, indictments, informations, pretrial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individual are not identified and from whichtheir identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (20 ILCS 3930/3)??(from Ch. 38, par. 210-3) ????Sec. 3. Definitions. Whenever used in this Act, and for the purposes of this Act unless the context clearly denotes otherwise: (d) The term "criminal history record information" means data identifiable to an individual, including information collected under Section 4.5 of the Criminal Identification Act, and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation, and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (730 ILCS 5/3-2.5-15) ????Sec. 3-2.5-15. Department of Juvenile Justice; assumption of duties of the Juvenile Division. (g) The Department of Juvenile Justice must comply with the ethnic and racial background data collection procedures provided in Section 4.5 of the Criminal Identification Act.(730 ILCS 5/3-5-1)??(from Ch. 38, par. 1003-5-1) ????Sec. 3-5-1. Master Record File. ????(a) The Department of Corrections and the Department of Juvenile Justice shall maintain a master record file on each person committed to it, which shall contain the following information: ????????(1) all information from the committing court; ????????(1.5) ethnic and racial background data collected in ????accordance with Section 4.5 of the Criminal Identification ????Act; (730 ILCS 5/3-5-3)??(from Ch. 38, par. 1003-5-3) ????Sec. 3-5-3. Annual and other Reports. ????(a) The Director shall make an annual report to the Governor and General Assembly concerning persons committed to the Department, its institutions, facilities and programs, of all moneys expended and received, and on what accounts expended and received. The report shall include the ethnic and racial background data, not identifiable to an individual, of all persons committed to the Department, its institutions, facilities, and programs. EXPUNGEMENT-CLASS 3&4 FELONIESPublic Act 98-0399 Effective Date: (HB1548)August 16, 2013Statutes Amended 20 ILCS 2630/5.220 ILCS 2630/13730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2SynopsisAmends the Criminal Identification Act and the Unified Code of Corrections. Provides that upon a petition by a person who has been convicted of a Class 3 or Class 4 felony and who has served in the United States Armed Forces or in the National Guard of this or another state and has received an honorable discharge from the Armed Forces or National Guard and who meets specified requirements, the Prisoner Review Board shall hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order the expungement of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction for the Class 3 or 4 felony. Excludes a person convicted of a sex offense, crime of violence, or firearm offense. Provides that if a person has applied to the Board for a certificate of eligibility for expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver. Provides that the circuit court clerk shall promptly serve a copy of the documentation to support the petition for a certificate of eligibility for expungement or sealing or a pardon by the Governor which specifically authorizes expungement on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest. Provides that the petitioner before being eligible for a certificate of eligibility for expungement must have first been convicted of a Class 3 or Class 4 felony and then thereafter served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or must at the time of the filing of the petition be enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty.CRIM ID-EXPUNGEMENT&SEALINGPublic Act 98-0163 Effective Date: (HB2470)August 5, 2013Statutes Amended 20 ILCS 2630/5.220 ILCS 2630/14Synopsis Amends the Criminal Identification Act. Provides that prior to the hearing on the objection to the expungement or sealing of criminal records, the State's Attorney shall consult with the Department of State Police as to the appropriateness of the relief sought in the petition to expunge or seal. Provides that the Department of State Police shall send written notice to the petitioner of its compliance with each order to expunge or seal records within 60 days of the date of service of that order or, if a motion to vacate, modify, or reconsider is filed, within 60 days of service of the order resolving the motion, if that order requires the Department to expunge or seal records. In the event of an appeal from the circuit court order, the Department shall send written notice to the petitioner of its compliance with an Appellate Court or Supreme Court judgment to expunge or seal records within 60 days of the issuance of the court's mandate. Provides that the notice is not required while any motion to vacate, modify, or reconsider, or any appeal or petition for discretionary appellate review, is pending. Provides that upon request of a State's Attorney or the Attorney General, the Department of State Police shall provide within 30 days a list of all orders to expunge or seal with which the Department has not yet complied. Provides that this list shall include the date of the order, the name of the petitioner, the case number, and a detailed statement of the basis for non-compliance. Effective immediately. Makes technical changes concerning cross references. Provides that upon request of a State's Attorney or the Attorney General, the Department shall provide within 90 (rather than 30) days a list of all orders to expunge or seal with which the Department of State Police has not yet complied. Provides that this list shall include the date of the order, the name of the petitioner, the case number, and a detailed statement of the basis for non-compliance.CRIM ID SEALINGPublic Act 98-0142 Effective Date: (HB3061)January 1, 2014Statutes Amended 20 ILCS 2630/5.2Synopsis As IntroducedAmends the Criminal Identification Act. Allows a person to petition the court and the court to order the sealing of: (1) Class 3 felony conviction records for theft, retail theft, deceptive practices, possession with intent to manufacture or deliver a controlled substance, and forgery; and (2) Class 4 felony conviction records for possession of cannabis, possession of a controlled substance, violation of the Methamphetamine Precursor Control Act, violation of the Steroid Control Act, prostitution, theft, retail theft, deceptive practices, forgery, and possession of burglary tools (rather than only Class 4 felony convictions for possession of cannabis, possession of a controlled substance, Methamphetamine Precursor Control Act, Steroid Control Act, and prostitution). The sealing is allowed 4 years after termination of the person's last sentence. Requires a person petitioning to seal a drug offense to pass a drug test within the 30 days preceding the filing of the petition to seal. Provides factors for the court to consider in granting or denying a petition to expunge or. seal a criminal history record.FINANCE ACT – 30 ILCSGANG CRIME WITNESS PROTECTIONPublic Act 98-0058 Effective Date: (HB1139)July 8, 2013?????Section 1. Short title. This Act may be cited as the Gang Crime Witness Protection Act of 2013.?????Section 5. Definition. As used in this Act, "gang crime" means any criminal offense committed by a member of a "gang" as that term is defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act when the offense is in furtherance of any activity, enterprise, pursuit, or undertaking of a gang. ?????Section 10. Program. Subject to appropriation, the Illinois Criminal Justice Information Authority shall establish and administer a program to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of gang crime, and appropriate related persons. Financial assistance may be provided, upon application by a State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, investigating or prosecuting a gang crime occurring under the State's Attorney's or Attorney General's respective jurisdiction, from funds deposited in the Gang Crime Witness Protection Program Fund and appropriated from that Fund for the purposes of this Act.?????Section 15. Funding. The Illinois Criminal Justice Information Authority, in consultation with the Attorney General, shall adopt rules for the implementation of the Gang Crime Witness Protection Program. Assistance shall be subject to the following limitations: ????????(a) Funds shall be limited to payment of the following: ????????????(1) temporary living costs; ????????????(2) moving expenses; ????????????(3) rent; ????????????(4) security deposits; and ????????????(5) other appropriate expenses of relocation or ????????transition; ????????(b) Approval of applications made by State's Attorneys ????shall be conditioned upon county funding for costs at a ????level of at least 25%, unless this requirement is waived by ????the administrator, in accordance with adopted rules, for ????good cause shown; ????????(c) Counties providing assistance consistent with the ????limitations in this Act may apply for reimbursement of up ????to 75% of their costs; and ????????(d) No more than 50% of funding available in any given ????fiscal year may be used for costs associated with any ????single county. ????????(e) Before the Illinois Criminal Justice Information ????Authority distributes moneys from the Gang Crime Witness ????Protection Program Fund as provided in this Section, it ????shall retain 2% of those moneys for administrative ????purposes.?????Section 20. Gang Crime Witness Protection Program Fund. There is created in the State Treasury the Gang Crime Witness Protection Program Fund into which shall be deposited appropriated funds, grants, or other funds made available to the Illinois Criminal Justice Information Authority to assist State's Attorneys and the Attorney General in protecting victims and witnesses who are aiding in the prosecution of perpetrators of gang crime, and appropriate related persons. Within 30 days after the effective date of this Act, all moneys in the Gang Crime Witness Protection Fund shall be transferred into the Gang Crime Witness Protection Program Fund.?????Section 25. Beginning of operation. The program created by this Act shall begin operation on July 1, 2013. ?????Section 90. The State Finance Act is amended by adding Section 5.826 as follows:?(30 ILCS 105/5.826 new)????Sec. 5.826. The Gang Crime Witness Protection Program Fund.?REVENUE – 35 ILCSREVENUE-TECH(ZAPPER&PHANTOM WARE)Public Act 98-0352 Effective Date: (HB0049)January 1, 2014(35 ILCS 105/14) (from Ch. 120, par. 439.14)Sec. 14. Any person who knowingly sells, purchases, installs,transfers, possesses, uses, or accesses any automated salessuppression device, zapper, or phantom-ware in this State is guilty of a Class 3 felony.For the purposes of this Section:"Automated sales suppression device" or "zapper" means asoftware program that falsifies the electronic records of anelectronic cash register or other point-of-sale system,including, but not limited to, transaction data and transactionreports. The term includes the software program, any devicethat carries the software program, or an Internet link to thesoftware program."Phantom-ware" means a hidden programming option embeddedin the operating system of an electronic cash register orhardwired into an electronic cash register that can be used tocreate a second set of records or that can eliminate ormanipulate transaction records in an electronic cash register."Electronic cash register" means a device that keeps aregister or supporting documents through the use of anelectronic device or computer system designed to recordtransaction data for the purpose of computing, compiling, orprocessing retail sales transaction data in any manner."Transaction data" includes: items purchased by acustomer; the price of each item; a taxability determinationfor each item; a segregated tax amount for each taxed item; theamount of cash or credit tendered; the net amount returned tothe customer in change; the date and time of the purchase; thename, address, and identification number of the vendor; and thereceipt or invoice number of the transaction."Transaction report" means a report that documents, without limitation, the sales, taxes, or fees collected, mediatotals, and discount voids at an electronic cash register andthat is printed on a cash register tape at the end of a day orshift, or a report that documents every action at an electroniccash register and is stored electronically.(35 ILCS 110/15) (from Ch. 120, par. 439.45)Sec. 15. Any person who knowingly sells, purchases, installs,transfers, possesses, uses, or accesses any automated salessuppression device, zapper, or phantom-ware in this State is guilty of a Class 3 felony.For the purposes of this Section:"Automated sales suppression device" or "zapper" means asoftware program that falsifies the electronic records of anelectronic cash register or other point-of-sale system,including, but not limited to, transaction data and transactionreports. The term includes the software program, any devicethat carries the software program, or an Internet link to thesoftware program."Phantom-ware" means a hidden programming option embeddedin the operating system of an electronic cash register orhardwired into an electronic cash register that can be used tocreate a second set of records or that can eliminate ormanipulate transaction records in an electronic cash register."Electronic cash register" means a device that keeps aregister or supporting documents through the use of anelectronic device or computer system designed to recordtransaction data for the purpose of computing, compiling, orprocessing retail sales transaction data in any manner."Transaction data" includes: items purchased by acustomer; the price of each item; a taxability determinationfor each item; a segregated tax amount for each taxed item; theamount of cash or credit tendered; the net amount returned tothe customer in change; the date and time of the purchase; thename, address, and identification number of the vendor; and thereceipt or invoice number of the transaction."Transaction report" means a report that documents, without limitation, the sales, taxes, or fees collected, mediatotals, and discount voids at an electronic cash register andthat is printed on a cash register tape at the end of a day orshift, or a report that documents every action at an electroniccash register and is stored electronically.(35 ILCS 115/15) (from Ch. 120, par. 439.115)Sec. 15. Any person who knowingly sells, purchases, installs,transfers, possesses, uses, or accesses any automated salessuppression device, zapper, or phantom-ware in this State is guilty of a Class 3 felony.For the purposes of this Section:"Automated sales suppression device" or "zapper" means asoftware program that falsifies the electronic records of anelectronic cash register or other point-of-sale system,including, but not limited to, transaction data and transactionreports. The term includes the software program, any devicethat carries the software program, or an Internet link to thesoftware program."Phantom-ware" means a hidden programming option embeddedin the operating system of an electronic cash register orhardwired into an electronic cash register that can be used tocreate a second set of records or that can eliminate ormanipulate transaction records in an electronic cash register."Electronic cash register" means a device that keeps aregister or supporting documents through the use of anelectronic device or computer system designed to recordtransaction data for the purpose of computing, compiling, orprocessing retail sales transaction data in any manner."Transaction data" includes: items purchased by acustomer; the price of each item; a taxability determinationfor each item; a segregated tax amount for each taxed item; theamount of cash or credit tendered; the net amount returned tothe customer in change; the date and time of the purchase; thename, address, and identification number of the vendor; and thereceipt or invoice number of the transaction."Transaction report" means a report that documents, without limitation, the sales, taxes, or fees collected, mediatotals, and discount voids at an electronic cash register andthat is printed on a cash register tape at the end of a day orshift, or a report that documents every action at an electroniccash register and is stored electronically.(35 ILCS 120/13) (from Ch. 120, par. 452)Sec. 13. Criminal penalties.Any person who knowingly sells, purchases, installs,transfers, possesses, uses, or accesses any automated salessuppression device, zapper, or phantom-ware in this State is guilty of a Class 3 felony.For the purposes of this Section:"Automated sales suppression device" or "zapper" means asoftware program that falsifies the electronic records of anelectronic cash register or other point-of-sale system,including, but not limited to, transaction data and transactionreports. The term includes the software program, any devicethat carries the software program, or an Internet link to thesoftware program."Phantom-ware" means a hidden programming option embeddedin the operating system of an electronic cash register orhardwired into an electronic cash register that can be used tocreate a second set of records or that can eliminate ormanipulate transaction records in an electronic cash register."Electronic cash register" means a device that keeps aregister or supporting documents through the use of anelectronic device or computer system designed to recordtransaction data for the purpose of computing, compiling, orprocessing retail sales transaction data in any manner."Transaction data" includes: items purchased by acustomer; the price of each item; a taxability determinationfor each item; a segregated tax amount for each taxed item; theamount of cash or credit tendered; the net amount returned tothe customer in change; the date and time of the purchase; thename, address, and identification number of the vendor; and thereceipt or invoice number of the transaction."Transaction report" means a report that documents, without limitation, the sales, taxes, or fees collected, mediatotals, and discount voids at an electronic cash register andthat is printed on a cash register tape at the end of a day orshift, or a report that documents every action at an electroniccash register and is stored electronically.CAL/COUNTIES/MUNICIPALITIES CODES – 50/55/60/65 ILCSTASER USE BY LAW ENFORCEMENTPublic Act 98-0358 Effective Date: (HB0131)January 1, 2014(50 ILCS 705/7)??(from Ch. 85, par. 507) ????Sec. 7. Rules and standards for schools. The Board shall adopt rules and minimum standards for such schools which shall include but not be limited to the following: ????a. The curriculum for probationary police officers which shall be offered by all certified schools shall include but not be limited to courses of arrest, search and seizure, civil rights, human relations, cultural diversity, including racial and ethnic sensitivity, criminal law, law of criminal procedure, vehicle and traffic law including uniform and non-discriminatory enforcement of the Illinois Vehicle Code, traffic control and accident investigation, techniques of obtaining physical evidence, court testimonies, statements, reports, firearms training, training in the use of electronic control devices, including the psychological and physiological effects of the use of those devices on humans, first-aid (including cardiopulmonary resuscitation), handling of juvenile offenders, recognition of mental conditions which require immediate assistance and methods to safeguard and provide assistance to a person in need of mental treatment, recognition of elder abuse and neglect, as defined in Section 2 of the Elder Abuse and Neglect Act, crimes against the elderly, law of evidence, the hazards of high-speed police vehicle chases with an emphasis on alternatives to the high-speed chase, and physical training. The curriculum shall include specific training in techniques for immediate response to and investigation of cases of domestic violence and of sexual assault of adults and children. The curriculum shall include training in techniques designed to promote effective communication at the initial contact with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Crime Victims Compensation Act. The curriculum shall also include a block of instruction aimed at identifying and interacting with persons with autism and other developmental disabilities, reducing barriers to reporting crimes against persons with autism, and addressing the unique challenges presented by cases involving victims or witnesses with autism and other developmental disabilities. The curriculum for permanent police officers shall include but not be limited to (1) refresher and in-service training in any of the courses listed above in this subparagraph, (2) advanced courses in any of the subjects listed above in this subparagraph, (3) training for supervisory personnel, and (4) specialized training in subjects and fields to be selected by the board. The training in the use of electronic control devices shall be conducted for probationary police officers, including University police officers. (50 ILCS 705/10.14 new)????Sec. 10.14. Electronic control devices used by local law enforcement agencies; inspections.????(a) For the purposes of this Section, "electronic control device" means:????????(1) any device which is powered by electrical charging ????units, such as, batteries, and which fires one or several ????barbs attached to a length of wire and which, upon hitting ????a human, can send out a current capable of disrupting the ????person's nervous system in such a manner as to render the ????person incapable of normal functioning; or????????(2) any device which is powered by electrical charging ????units, such as batteries, and which, upon contact with a ????human or clothing worn by a human, can send out current ????capable of disrupting the person's nervous system in such a ????manner as to render the person incapable of normal ????functioning.????(b) Beginning January 1, 2014 and ending December 31, 2015, the Board shall randomly inspect police departments of units of local government and university police departments concerning the use of electronic control devices by law enforcement officers of the departments to determine whether the officers received appropriate training in their use. The Board shall compile the information from the random inspections and analyze the results.????(c) Based on the analysis required in subsection (b), the Board shall issue a report and present its report and findings to the Governor and General Assembly on or before June 30, 2016. The Board in its report may recommend legislation concerning the use of electronic control devices by law enforcement officers and the training of law enforcement officers in the use of those devices.????(d) This Section is repealed on July 1, 2016. CTY RECORDER-FRAUDULENT FILINGPublic Act 98-0099 Effective Date: (HB2832)July 19, 2013??(55 ILCS 5/3-5010.5 new)????Sec. 3-5010.5. Fraud referral and review.????(a) Legislative findings. The General Assembly finds that property fraud, including fraudulent filings intended to cloud or fraudulently transfer title to property by recording false or altered documents and deeds, is a rapidly growing problem throughout the State. In order to combat the increase in the number of these filings, a recorder may establish a process to review and refer documents suspected to be fraudulent.????(b) Definitions. The terms "recording" and "filing" are used interchangeably in this Section.????(c) Establishment and use of a fraud referral and review process. A recorder who establishes a fraud referral and review process under the provisions of this Section may use it to review deeds and instruments and refer any of them to an administrative law judge for review pursuant to subsection (g) of this Section that cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. The recorder may enter into an intergovernmental agreement with local law enforcement officials for the purposes of this referral and review. A recorder may request that the Secretary of the Department of Financial and Professional Regulation assist in reviewing possible fraudulent filings. Upon request, the Secretary, or his or her designee, shall assist in identifying the validity of filings. The recorder shall notify the Secretary when a document suspected to be fraudulent is discovered.????In counties with a population of less than 3 million, a recorder shall provide public notice 90 days before the establishment of the fraud referral and review process. The notice shall include a statement of the recorder's intent to create a fraud referral and review process and shall be published in a newspaper of general circulation in the county and, if feasible, posted on the recorder's website and at the recorder's office or offices.????In determining whether to refer a document to an administrative law judge for review, a recorder may take into consideration any of the following factors:????????(1) whether the owner of the property or his or her ????designated representative has reported to the recorder ????that another individual is attempting or has attempted to ????record a fraudulent deed or other instrument upon the ????property;????????(2) whether a law enforcement official has contacted ????the recorder indicating that he or she has probable cause ????to suspect title or recording fraud;????????(3) whether the filer's name has a copyright attached ????to it or the property owner's name has nonstandard ????punctuation attached to it;????????(4) whether the documents assert fines that do not ????exist or have no basis under current law or that require ????payment in gold or silver;????????(5) whether the documents are maritime liens, or liens ????under the Federal Maritime Lien Act or the Preferred Ship ????Mortgage Act, or not authorized by the United States Coast ????Guard;????????(6) whether the documents are land patents not ????authorized and certified by the United States Department of ????the Interior Bureau of Land Management;????????(7) whether the documents are representing that the ????subject of the lien is releasing itself from a lien held by ????another entity, with no apparent cooperation or ????authorization provided by the lienholder;????????(8) whether the documents are protesting or disputing a ????foreclosure proceeding that are not filed within the ????foreclosure suit and with the court presiding over the ????matter;????????(9) whether the documents are Uniform Commercial Code ????filings referencing birth certificates or other private????records that are not in compliance with Section 9-501 of ????the Uniform Commercial Code;????????(10) whether the documents are re-recording deeds to ????re-notarize or attach notary certification if prior ????notarization already appears unaltered on the document of ????record;????????(11) whether the documents are asserting diplomatic ????credentials or immunity, non-United States citizenship, or ????independence from the laws of the United States;????????(12) whether the documents are claims that a bank ????cannot hold title after a foreclosure;????????(13) whether the documents are deeds not properly ????signed by the last legal owner of record or his or her ????court appointed representative or attorney-in-fact under a ????power of attorney;????????(14) whether the documents are manipulated or altered ????federal or State legal or court forms that release a lien;????????(15) whether a document is not related to a valid ????existing or potential adverse transaction, existing lien, ????or judgment of a court of competent jurisdiction; ????????(16) a document that is not related to a valid existing ????or potential commercial or financial transaction, existing ????agricultural or other lien, or judgment of a court of ????competent jurisdiction; ????????(17) whether the document is filed with the intent to ????harass or defraud the person identified in the record or ????any other person;????????(18) whether the document is filed with the intent to ????harass or defraud any member of a governmental office, ????including, but not limited to, the recorder's office, local ????government offices, the State of Illinois, or the Federal ????government; and????????(19) whether the documents are previous court ????determinations, including a previous determination by a ????court of competent jurisdiction that a particular document ????is fraudulent, invalid, or forged. ????(d) Determinations. If a recorder determines, after review by legal staff and counsel, that a deed or instrument that is recorded in the grantor's index or the grantee's index may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property, he or she shall refer the deed or instrument to an administrative law judge for review pursuant to subsection (g) of this Section. The recorder shall record a Notice of Referral in the grantor's index or the grantee's index identifying the document, corresponding document number in question, and the date of referral. The recorder shall also notify the parties set forth in subsection (e) of this Section. The recorder may, at his or her discretion, notify law enforcement officials regarding a filing determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property.????(e) Notice. The recorder shall use county property tax records to identify and provide notice to the last owner of record by telephone, if available, and certified mail both when: (1) a deed or instrument has been referred for review and determination; and (2) a final determination has been made regarding the deed or instrument. Notice, by mail, shall also be sent to the physical address of the property associated with the deed or instrument.????(f) Administrative decision. The recorder's decision to add a Notice of Referral and refer a document for review is a final administrative decision that is subject to review by the circuit court of the county where the real property is located under the Administrative Review Law. The standard of review by the circuit court shall be de novo.????(g) Referral and review process. Prior to referral, the recorder shall notify the last owner of record of the document or documents suspected to be fraudulent. The person, entity, or legal representative thereof shall confirm in writing his or her belief that a document or documents are suspected to be fraudulent and may request that the recorder refer the case for review. Upon request, the recorder shall bring a case to its county department of administrative hearings and, within 10 business days after receipt, an administrative law judge shall schedule a hearing to occur no later than 30 days after receiving the referral. The referral and case shall clearly identify the person, persons, or entity believed to be the last true owner of record as the petitioner. Notice of the hearing shall be provided by the administrative law judge to the filer, or the party represented by the filer, of the suspected fraudulent document, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the referral.????If clear and convincing evidence shows the document in question to be fraudulent, the administrative law judge shall rule the document to be fraudulent and forward the judgment to all the parties identified in this subsection. Upon receiving notice of the judgment of fraud, the recorder shall, within 5 business days, record a new document that includes a copy of the judgment in front of the Notice of Referral that shall clearly state that the document in question has been found to be fraudulent and shall not be considered to affect the chain of title of the property in any way.????If the administrative law judge finds the document to be legitimate, the recorder shall, within 5 business days after receiving notice, record a copy of the judgment.????A decision by an administrative law judge shall not preclude a State's attorney or sheriff from proceeding with a criminal investigation or criminal charges. If a county does not have an administrative law judge that specializes in public records, one shall be appointed within 3 months after the effective date of this amendatory Act of the 98th General Assembly, or the original case shall be forwarded to the proper circuit court with jurisdiction.????Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the review and referral, or the filer of the document or documents suspected to be fraudulent. Nothing in this Section requires a person or entity who may have had a fraudulent document or encumbrance filed against his or her property to use the fraud review and referral process or administrative review created by this Section.????(h) Fees. The recorder shall retain any filing fees associated with filing a deed or instrument that is determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property under this Section.????(i) Liability. Neither a recorder nor any of his or her employees or agents shall be subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in case of willful or wanton conduct. Neither the recorder nor any of his or her employees shall incur liability for the referral or review, or failure to refer or review, a document or instrument under this Section.????(j) Applicability. This Section applies only to filings provided to the recorder on and after the effective date of this amendatory Act of the 98th General Assembly.????(k) This Section is repealed June 1, 2018.CTY-SHERIFF WARRANTSPublic Act 98-0250 Effective Date: (HB2664)August 9, 2013(55 ILCS 5/3-6019)??(from Ch. 34, par. 3-6019) ????Sec. 3-6019. Duties of sheriff; office quarters and hours. Sheriffs shall serve and execute, within their respective counties, and return all warrants, process, orders and judgments of every description that may be legally directed or delivered to them. A sheriff of a county with a population of less than 1,000,000 may employ civilian personnel to serve process in civil matters. If an arrest warrant upon complaint under Section 107-9 of the Code of Criminal Procedure of 1963, or a warrant of arrest due to failure to appear under Section 107-12 of the Code, originated from a law enforcement agency other than the county sheriff's office, then the county sheriff of a county with a population of more than 600,000 may require that law enforcement agency to store and maintain the warrant. That law enforcement agency is responsible for entering the warrant into the Illinois Law Enforcement Agencies Data System (LEADS) and the National Crime Information Center Database (NCIC). The county sheriff may require the originating law enforcement agency to arrange for transportation of the wanted person to the county jail. Originating agencies may contract with the county sheriff or another law enforcement agency to store, maintain, and provide transportation of the wanted person to the county jail. Any law enforcement agency or regional dispatch center may act as holder of the warrant for an originating agency that has no telecommunications equipment.COUNTIES CD-CASA FEEPublic Act 98-0331 Effective Date: (HB2690)August 13, 2013(55 ILCS 5/5-1101)??(from Ch. 34, par. 5-1101) ????Sec. 5-1101. Additional fees to finance court system. A county board may enact by ordinance or resolution the following fees: (f-10) In each county in which the Court Appointed Special Advocates provide services, the county board may, in addition to any fine imposed under Section 5-9-1 of the Unified Code of Corrections, adopt a mandatory fee of between $10 and $30 to be paid by the defendant on a judgment of guilty or a grant of supervision for a felony; for a Class A, Class B, or Class C misdemeanor; for a petty offense; and for a business offense; where a court appearance is required. Assessments shall be collected by the clerk of the circuit court and must be deposited into an account specifically for the operations of the Court Appointed Special Advocates. The clerk of the circuit court shall collect the fees as provided in this subsection and must remit the fees to the Court Appointed Special Advocates Fund that the county board shall create for the receipt of funds collected under this subsection, and from which the county board shall make grants to support the activities and services of the Court Appointed Special Advocates within that county. The term "Court Appointed Special Advocates" is copyrighted and is used with permission of the holder of the copyright. ????(g) The proceeds of all fees enacted under this Section must, except as provided in subsections (d), (d-5), (e), and (f), and (f-10) be placed in the county general fund and used to finance the court system in the county, unless the fee is subject to disbursement by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.LOC GOVT-DETAILED STATEMENTPublic Act 98-0419 Effective Date: (HB2482)August 16, 2013(55 ILCS 5/6-1002)??(from Ch. 34, par. 6-1002) ????Sec. 6-1002. Contents of annual budget. The annual budget shall contain: ??(f) A detailed statement showing any bonuses or increase in any salary, wage, stipend, or other form of compensation that is not subject to a collective bargaining agreement for every agency, department, or any other entity receiving an appropriation from the county, regardless of whether the employee receiving them is part of a collective bargaining unit. MUNI CD-POLICE-SERVICE SUMMONSPublic Act 98-0503 Effective Date: (SB2318)August 16, 2013(65 ILCS 5/1-2-11)??(from Ch. 24, par. 1-2-11) ????Sec. 1-2-11. (a) A sheriff may serve any process or make any arrest in a municipality or a part of a municipality located in the county in which the sheriff was elected that any officer of that municipality is authorized to make under this Code or any ordinance passed under this Code. ????(b) Police officers may serve summons for violations of ordinances occurring within their municipalities. In municipalities with a population of 1,000,000 or more, active duty or retired police officers may serve summons for violations of ordinances occurring within their municipalities. ????(c) In addition to the powers stated in Section 8.1a of the Housing Authorities Act, in counties with a population of 3,000,000 or more inhabitants, members of a housing authority police force may serve process for forcible entry and detainer actions commenced by that housing authority and may execute orders of possession for that housing authority. SCHOOLS – 105 ILCSSCH CD-REPORT GANG ACTIVITYPublic Act 98-0059 Effective Date: (HB2768)January 1, 2014(105 ILCS 5/10-21.4a)??(from Ch. 122, par. 10-21.4a) ????Sec. 10-21.4a. Principals and assistant principals - Duties. To employ principals and assistant principals who hold valid supervisory or administrative certificates. The principal, with the assistance of any assistant principals, shall supervise the operation of attendance centers as the board shall determine necessary. In an attendance center having fewer than 4 teachers, a head teacher who does not qualify as a principal may be assigned in the place of a principal. ????The principal, with the assistance of any assistant principals, shall assume administrative responsibilities and instructional leadership, under the supervision of the superintendent, and in accordance with reasonable rules and regulations of the board, for the planning, operation and evaluation of the educational program of the attendance area to which he or she is assigned. However, in districts under a Financial Oversight Panel pursuant to Section 1A-8 for violating a financial plan, the duties and responsibilities of principals and assistant principals in relation to the financial and business operations of the district shall be approved by the Panel. In the event the Board refuses or fails to follow a directive or comply with an information request of the Panel, the performance of those duties shall be subject to the direction of the Panel. ????School boards shall specify in their formal job description for principals that his or her primary responsibility is in the improvement of instruction. A majority of the time spent by a principal shall be spent on curriculum and staff development through both formal and informal activities, establishing clear lines of communication regarding school goals, accomplishments, practices and policies with parents and teachers. ????Unless residency within a school district is made an express condition of a person's employment or continued employment as a principal or assistant principal of that school district at the time of the person's initial employment as a principal or assistant principal of that district, residency within that school district may not at any time thereafter be made a condition of that person's employment or continued employment as a principal or assistant principal of the district, without regard to whether the person's initial employment as a principal or assistant principal of the district began before or begins on or after the effective date of this amendatory Act of 1996 and without regard to whether that person's residency within or outside of the district began or was changed before or begins or changes on or after that effective date. In no event shall residency within a school district be considered in determining the compensation of a principal or assistant principal or the assignment or transfer of a principal or assistant principal to an attendance center of the district. ????School boards shall ensure that their principals and assistant principals are evaluated on their instructional leadership ability and their ability to maintain a positive education and learning climate. ????It shall also be the responsibility of the principal to utilize resources of proper law enforcement agencies when the safety and welfare of students and teachers are threatened by illegal use of drugs and alcohol, by illegal use or possession of weapons, or by illegal gang activity. ????The principal shall submit recommendations to the superintendent concerning the appointment, retention, promotion and assignment of all personnel assigned to the attendance center. ? (105 ILCS 5/22-20)??(from Ch. 122, par. 22-20) ????Sec. 22-20. All courts and law enforcement agencies of the State of Illinois and its political subdivisions shall report to the principal of any public school in this State whenever achild enrolled therein is detained for proceedings under the Juvenile Court Act of 1987, as heretofore and hereafter amended, or for any criminal offense, including illegal gang activity, or any violation of a municipal or county ordinance. The report shall include the basis for detaining the child, circumstances surrounding the events which led to the child's detention, and status of proceedings. The report shall be updated as appropriate to notify the principal of developments and the disposition of the matter. ????The information derived thereby shall be kept separate from and shall not become a part of the official school record of such child and shall not be a public record. Such information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation of the child and to protect the safety of students and employees in the school.HIGHER EDUCATION – 110 ILCSEDUC-SOCIAL NETWORK PASSWORDPublic Act 98-0129 Effective Date: (HB0064)January 1, 2014New ActSection 1. Short title. This Act may be cited as the Rightto Privacy in the School Setting Act.Section 5. Definitions. In this Act:"Elementary or secondary school" means a public elementaryor secondary school or school district or a nonpublic schoolrecognized by the State Board of Education."Post-secondary school" means an institution of higherlearning as defined in the Higher Education Student AssistanceAct."Social networking website" means an Internet-basedservice that allows individuals to do the following:(1) construct a public or semi-public profile within abounded system created by the service;(2) create a list of other users with whom they share aconnection within the system; and(3) view and navigate their list of connections andthose made by others within the system."Social networking website" does not include electronic mail.Section 10. Prohibited inquiry.????(a) It is unlawful for a post-secondary school to request or require a student or his or her parent or guardian to provide a password or other related account information in order to gain access to the student's account or profile on a social networking website or to demand access in any manner to a student's account or profile on a social networking website.????(b) Nothing in this Section limits a post-secondary school's right to do the following:????????(1) promulgate and maintain lawful school policies ????governing the use of the post-secondary school's ????electronic equipment, including policies regarding ????Internet use, social networking website use, and ????electronic mail use; and????????(2) monitor usage of the post-secondary school's ????electronic equipment and the post-secondary school's ????electronic mail without requesting or requiring a student ????to provide a password or other related account information ????in order to gain access to the student's account or profile ????on a social networking website.????(c) Nothing in this Section prohibits a post-secondary school from obtaining information about a student that is in the public domain or that is otherwise obtained in compliance with this Act. ????(d) This Section does not apply when a post-secondary school has reasonable cause to believe that a student's account on a social networking website contains evidence that the student has violated a school disciplinary rule or policy.Section 15. Notification. An elementary or secondaryschool must provide notification to the student and his or herparent or guardian that the elementary or secondary school mayrequest or require a student to provide a password or otherrelated account information in order to gain access to thestudent's account or profile on a social networking website ifthe elementary or secondary school has reasonable cause tobelieve that the student's account on a social networkingwebsite contains evidence that the student has violated aschool disciplinary rule or policy. The notification must bepublished in the elementary or secondary school's disciplinaryrules, policies, or handbook or communicated by similar means.Section 20. Penalty. A post-secondary school or an agentof a post-secondary school who violates this Act is guilty of apetty offense.BANKING – 205 ILCSPAWNBROKER FOIA EXEMPTIONPublic Act 98-0357 Effective Date: (HB0101)August 16, 2013?(205 ILCS 510/0.05) ????Sec. 0.05. Administration of Act. ????(a) This Act shall be administered by the Secretary of Financial and Professional Regulation, and, beginning on July 28, 2010 (the effective date of Public Act 96-1365), all references in this Act to the Commissioner of Banks and Real Estate are deemed, in appropriate contexts, to be references to the Secretary of Financial and Professional Regulation, who shall have all of the following powers and duties in administering this Act: (6) To impose civil penalties graduated up to $10,000 ????$1,000 against any person for each day that person violates ????violation of any provision of this Act, any rule ????promulgated in accordance with this Act, any State or ????federal law affecting pawnbrokers, or any order of the ????Secretary based upon the seriousness of the violation. ????????(205 ILCS 510/4)??(from Ch. 17, par. 4654) ????Sec. 4. Every pawnbroker shall, at the time of making any advancement or loan, deliver to the person pawning or pledging any property, a memorandum, contract, or note signed by him or her containing an accurate account and description, in the English language, of all the goods, articles or other things pawned or pledged, the amount of money, value of things loaned thereon, the time of pledging the same, the rate of interest to be paid on the loan, the name and residence of the person making the pawn or pledge, and the amount of any fees as specified in Section 2 of this Act.HEALTH FACILITIES – 210 ILCSREGULATION-TECH (METH MANUFACTURE IN MOBILE HOME)Public Act 98-0540 Effective Date: (SB2101)January 1, 2014(210 ILCS 115/9)??(from Ch. 111 1/2, par. 719) ????Sec. 9. Each mobile home park licensed or to be constructed under the provisions of this Act shall be operated and maintained in accordance with the requirements of Sections 9.1 to 9.16 9.15, inclusive, of this Act. ?(210 ILCS 115/9.16 new)????Sec. 9.16. Disclosure of the manufacture of methamphetamine in a mobile home. When a licensee or owner of a mobile home park has been notified in writing by law enforcement authorities that one of the mobile homes in the mobile home park has been used for the manufacture of methamphetamine as defined in Section 10 of the Methamphetamine Control and Community Protection Act, then the licensee or owner of the mobile home park shall inform a potential buyer of the mobile home that law enforcement authorities have notified the licensee or owner in writing that the mobile home has been used for the manufacture of methamphetamine.????The obligation of disclosure shall be imposed on the licensee or owner of the mobile home park only if the licensee or owner receives a written application for residency in the mobile home park from the prospective buyer prior to the prospective buyer acquiring the home and such application specifically identifies the applicable home and that the prospective buyer may acquire the home. If the licensee or owner provides the required disclosure to the prospective buyer, then the seller of the mobile home shall not have any right to seek legal or equitable remedies against the licensee or owner on account of or in any way related to the disclosure, even if it is determined that the disclosure was not required to be made under this Section (for example, if the disclosure results in the prospective buyer not acquiring the mobile home, then the seller of the mobile home may not seek any redress or equitable remedies against the licensee or owner providing the disclosure in any way related to or resulting from the disclosure). If a licensee or owner violates this Section as determined by an impartial hearing examiner appointed by the Director of Public Health, then: (i) a prospective buyer shall not have any redress or cause of action against a licensee or owner for such failure; (ii) a violation shall not be subject to the terms of Section 19 of this Act; and (iii) the only liability a licensee or owner shall have for a violation of this Section shall be the payment of a fine in an amount determined by the examiner after the conclusion of a hearing and the examiner determining that the licensee or owner, as applicable, violated this Section, such fine not to exceed $2,000 for each violation. INSURANCE – 215 ILCSINSURANCE E-CARDPublic Act 98-0521 Effective Date: (SB1775)August 23, 2013(215 ILCS 5/143.33 new)????Sec. 143.33. Electronic posting of policies.????(a) Policies and endorsements used by a company for transacting insurance as classified in Class 2 and Class 3 of Section 4 of this Code that do not contain personally identifiable information may be mailed, issued, delivered, or posted on the insurer's Internet website. If the insurer elects to post the insurance policies and endorsements on its Internet website in lieu of mailing, issuing, or delivering them to the insured, then the insurer must comply with all of the following conditions:????????(1) The policy and endorsements must be easily ????accessible to the insured and the producer of record and ????remain that way for as long as the policy is in force;????????(2) After the expiration of the policy, the insurer ????must archive its expired policies and endorsements for the ????longer of 5 years or other period required by law, and make ????them available upon request;????????(3) The policies and endorsements must be posted in a ????manner that enables the insured and the producer of record ????to print and save the policy and endorsements using ????programs or applications that are widely available on the ????Internet and free to use;????????(4) At the time of issuance of the original policy and ????any renewals of that policy, the insurer provides to the ????insured in the manner it customarily provides declarations ????pages to the insured, and to the producer of record, the ????following information clearly displayed in or ????simultaneously with a declarations page:????????????(A) a description of the exact policy and ????????endorsement forms purchased by the insured;????????????(B) a method by which the insured may obtain from ????????the insurer, upon request and without charge, a paper ????????copy of their policy and endorsements; and????????????(C) the Internet address where their policy and ????????endorsements are posted. ????????(5) The insurer provides to the insured in the manner ????it customarily provides declarations pages to the insured, ????and to the producer of record, notice of any changes to the ????forms or endorsements; the insured's right to obtain from ????the insurer, upon request and without charge, a paper copy ????of these forms or endorsements; and the Internet address ????where these forms or endorsements are posted.????(b) Nothing in this Section shall prevent an insurer that posts its policies and endorsements electronically in accordance with this Section from offering a discount to an insured who elects to receive notices and documents electronically in accordance with the provisions of the federal Electronic Signatures in Global and National Commerce Act.????(c) Nothing in this Section affects the timing or content of any disclosure or other document required to be provided or made available to any insured under any statute, rule, regulation, or rule of law. (625 ILCS 5/7-602)??(from Ch. 95 1/2, par. 7-602) ????Sec. 7-602. Insurance card. Every operator of a motor vehicle subject to Section 7-601 of this Code shall carry within the vehicle evidence of insurance. The evidence shall be legible and sufficient to demonstrate that the motor vehicle currently is covered by a liability insurance policy as required under Section 7-601 of this Code and may include, but is not limited to, the following: ? (g) a certificate, decal, or other document or device ????issued by a governmental agency for a motor vehicle ????indicating the vehicle is insured for liability pursuant to ????law; . ????????(h) the display of electronic images on a cellular ????phone or other type of portable electronic device. The use ????of a cellular phone or other type of portable electronic ????device to display proof of insurance does not constitute ????consent for a law enforcement officer, court, or other ????officer of the court to access other contents of the ????electronic device. Any law enforcement officer, court, or ????officer of the court presented with the device shall be ????immune from any liability resulting from damage to the ????mobile electronic device. ????An insurance card shall be provided for each motor vehicle insured by the insurer issuing the liability insurance policy and may be issued in either paper or electronic format. Acceptable electronic formats shall permit display on a cellular phone or other portable electronic device and satisfy all other requirements of law and rule, including this Section, regarding form and content. GAMING – 230 ILCSINCOME W/HOLDG-GAMING WINNINGSPublic Act 98-0318 Effective Date: (HB2843)August 12, 2013(230 ILCS 5/27.2 new)????Sec. 27.2. Withholding of delinquent child support.????(a) From winnings required to be reported to the Internal Revenue Service and subject to withholding on Form W-2G, organization licensees and advance deposit wagering licensees licensed under this Act shall withhold up to the full amount of winnings necessary to pay the winner's past due child support amount as certified by the Department of Healthcare and Family Services under Section 10-17.15 of the Illinois Public Aid Code. Amounts withheld shall be paid to the Department of Healthcare and Family Services by the organization licensee or the advance deposit wagering licensee, as applicable.????(b) For withholding of winnings, the organization licensee or advance deposit wagering licensee shall be entitled to an administrative fee not to exceed the lesser of 4% of the total amount of cash winnings paid to the gambling winner or $150.????(c) In no event may the total amount withheld from the cash payout, including the administrative fee, exceed the total cash winnings claimed by the obligor. If the cash payout claimed is greater than the amount sufficient to satisfy the obligor's delinquent child support payments, the organization licensee or advance deposit wagering licensee shall pay the obligor the remaining balance of the payout, less the administrative fee authorized by subsection (b) of this Section, at the time it is claimed.????(d) An organization licensee or an advance deposit wagering licensee that in good faith complies with the requirements of this Section shall not be liable to the gaming winner or any other individual or entity.????(e) For an organization licensee under this Act, an agent of the Board (such as an employee of the Board) shall be responsible for notifying the person identified as being delinquent in child support payments that the organization licensee is required by law to withhold all or a portion of his or her winnings. This notification must be provided at the time the winnings are withheld.????(f) The provisions of this Section shall be operative on and after the date that rules are adopted by the Department of Healthcare and Family Services pursuant to Section 10-17.15 of the Illinois Public Aid Code.????(g) The delinquent child support required to be withheld under this Section and the administrative fee under subsection (b) of this Section have priority over any secured or unsecured claim on cash winnings, except claims for federal or State taxes that are required to be withheld under federal or State law. ?(230 ILCS 5/34.2 new)????Sec. 34.2. Withholding of delinquent child support; signs; statement.????(a) Each organization licensee shall post signs with a statement regarding withholding of delinquent child support, the text of which shall be determined by rule by the Department of Healthcare and Family Services, at the following locations in each race track at which horse race meetings are conducted by the organization licensee and in each inter-track wagering facility and inter-track wagering location operated by the organization licensee:????????(1) Each entrance and exit.????????(2) Near each credit location.????The signs shall be provided by the Department of Healthcare and Family Services.????(b) Each organization licensee shall print a statement regarding withholding of delinquent child support, the text of which shall be determined by rule by the Department of Healthcare and Family Services, on all official racing programs that the organization licensee provides to the general public.?(230 ILCS 10/13.05 new)????Sec. 13.05. Withholding of delinquent child support.????(a) From winnings required to be reported to the Internal Revenue Service on Form W-2G, an owners licensee or a licensee that operates one or more facilities or gaming locations at which lawful gambling is authorized as provided in this Act shall withhold up to the full amount of winnings necessary to pay the winner's past due child support amount as certified by the Department of Healthcare and Family Services under Section 10-17.15 of the Illinois Public Aid Code. Amounts withheld shall be paid to the Department of Healthcare and Family Services by the owners licensee or casino operator licensee, as applicable. ????(b) For withholding of winnings, the licensee shall be entitled to an administrative fee not to exceed the lesser of 4% of the total amount of cash winnings paid to the gambling winner or $150.????(c) In no event may the total amount withheld from the cash payout, including the administrative fee, exceed the total cash winnings claimed by the obligor. If the cash payout claimed is greater than the amount sufficient to satisfy the obligor's delinquent child support payments, the licensee shall pay the obligor the remaining balance of the payout, less the administrative fee authorized by subsection (b) of this Section, at the time it is claimed.????(d) A licensee who in good faith complies with the requirements of this Section shall not be liable to the gaming winner or any other individual or entity.????(e) Upon request of a licensed owner under this Act, an agent of the Board (such as a gaming special agent employed by the Board, a State police officer, or a revenue agent) shall be responsible for notifying the person identified as being delinquent in child support payments that the licensed owner is required by law to withhold all or a portion of his or her winnings. If given, this notification must be provided at the time the winnings are withheld. ????(f) The provisions of this Section shall be operative on and after the date that rules are adopted by the Department of Healthcare and Family Services pursuant to Section 10-17.15 of the Illinois Public Aid Code. ????(g) The delinquent child support required to be withheld under this Section and the administrative fee under subsection (b) of this Section have priority over any secured or unsecured claim on cash winnings, except claims for federal or State taxes that are required to be withheld under federal or State law. ? (230 ILCS 10/13.2 new)????Sec. 13.2. Withholding of delinquent child support; signs; statement. ????(a) Each licensed owner may post signs with a statement regarding withholding of delinquent child support, the text of which shall be determined by rule by the Department of Healthcare and Family Services, at the following locations in each facility at which gambling is conducted by the licensed owner:????????(1) Each entrance and exit.????????(2) Near each credit location.????????(3) At each cashier's cage. ????The signs shall be provided by the Department of Healthcare and Family Services.????(b) Each licensed owner may print a statement regarding withholding of delinquent child support, the text of which shall be determined by rule by the Department of Healthcare and Family Services, on all paper stock that the license owner provides to the general public.?(305 ILCS 5/10-17.15 new)????Sec. 10-17.15. Certification of information to State gaming licensees.????(a) For purposes of this Section, "State gaming licensee" means, as applicable, an organization licensee or advance deposit wagering licensee licensed under the Illinois Horse Racing Act of 1975, an owners licensee licensed under the Riverboat Gambling Act, or a licensee that operates, under any law of this State, one or more facilities or gaming locations at which lawful gambling is authorized and licensed as provided in the Riverboat Gambling Act.????(b) The Department may provide, by rule, for certification to any State gaming licensee of past due child support owed by a responsible relative under a support order entered by a court or administrative body of this or any other State on behalf of a resident or non-resident receiving child support services under this Article in accordance with the requirements of Title IV-D, Part D, of the Social Security Act. The State gaming licensee shall have the ability to withhold from winnings required to be reported to the Internal Revenue Service on Form W-2G, up to the full amount of winnings necessary to pay the winner's past due child support. The rule shall provide for notice to and an opportunity to be heard by each responsible relative affected and any final administrative decision rendered by the Department shall be reviewed only under and in accordance with the Administrative Review Law.????(c) For withholding of winnings, the State gaming licensee shall be entitled to an administrative fee not to exceed the lesser of 4% of the total amount of cash winnings paid to the gambling winner or $150.????(d) In no event may the total amount withheld from the cash payout, including the administrative fee, exceed the total cash winnings claimed by the obligor. If the cash payout claimed is greater than the amount sufficient to satisfy the obligor's delinquent child support payments, the State gaming licensee shall pay the obligor the remaining balance of the payout, less the administrative fee authorized by subsection (c) of this Section, at the time it is claimed.????(e) A State gaming licensee who in good faith complies with the requirements of this Section shall not be liable to the gaming winner or any other individual or entity.LIQUOR – 235 ILCSLIQUOR-WINERY-UNSEALED BOTTLEPublic Act 98-0145 Effective Date: (SB0722)January 1, 2014(235 ILCS 5/6-33) ????Sec. 6-33. Sealing and removal of open wine bottles from a restaurant or winery. Notwithstanding any other provision of this Act, a restaurant licensed to sell alcoholic liquor in this State may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premise consumption provided that the patron has purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. Notwithstanding any other provision of this Act, a winery licensed to sell alcoholic liquor in this State may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premise consumption. A partially consumed bottle of wine that is to be removed from the premises pursuant to this Section shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent one-time use tamper-proof bag. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine that is resealed in accordance with the provisions of this Section and not tampered with and transported in accordance with the restrictions of subsections (a) and (b) of Section 11-502 of the Illinois Vehicle Code shall not be deemed to violate Section 11-502 of the Illinois Vehicle Code. PUBLIC AID – 305 ILCSMEDICAID FRAUD-OBSTRUCTIONPublic Act 98-0354 Effective Date: (HB0071)August 16, 2013(305 ILCS 5/8A-2.5)Sec. 8A-2.5. Unauthorized use of medical assistance.(a) Any person who knowingly uses, acquires, possesses, ortransfers a medical card in any manner not authorized by law orby rules and regulations of the Illinois Department, or whoknowingly alters a medical card, or who knowingly uses,acquires, possesses, or transfers an altered medical card, isguilty of a violation of this Article and shall be punished asprovided in Section 8A-6.(b) Any person who knowingly obtains unauthorized medicalbenefits or causes to be obtained unauthorized medical benefitswith or without use of a medical card is guilty of a violationof this Article and shall be punished as provided in Section8A-6.(b-5) Any vendor that knowingly assists a person incommitting a violation under subsection (a) or (b) of thisSection is guilty of a violation of this Article and shall bepunished as provided in Section 8A-6.(b-6) Any person (including a vendor, organization, agency, or other entity) that, in any matter related to the medical assistance program, knowingly or willfully falsifies, conceals, or omits by any trick, scheme, artifice, or device a material fact, or makes any false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry in connection with the provision of health care or related services, is guilty of a violation of this Article and shall be punished as provided in Section 8A-6.(c) The Department may seek to recover any and all Stateand federal monies for which it has improperly and erroneouslypaid benefits as a result of a fraudulent action and any civilpenalties authorized in this Section. Pursuant to Section11-14.5 of this Code, the Department may determine the monetaryvalue of benefits improperly and erroneously received. TheDepartment may recover the monies paid for such benefits andinterest on that amount at the rate of 5% per annum for theperiod from which payment was made to the date upon whichrepayment is made to the State. Prior to the recovery of anyamount paid for benefits allegedly obtained by fraudulentmeans, the recipient or payee of such benefits shall beafforded an opportunity for a hearing after reasonable notice.The notice shall be served personally or by certified orregistered mail or as otherwise provided by law upon the parties or their agents appointed to receive service of processand shall include the following:Upon entry of a final administrative decision for repaymentof any benefits obtained by fraudulent means, or for any civilpenalties assessed, a lien shall attach to all property andassets of such person, firm, corporation, association, agency,institution, vendor, or other legal entity until the judgmentis satisfied.(d) In subsections (a),(b),(b-5) and (b-6), "knowledge"has the meaning ascribed to that term in Section 4-5 of theCriminal Code of 2012. For any administrative action broughtunder subsection (c) pursuant to a violation of this Section,the Department shall define "knowing" by rule.(305 ILCS 5/8A-13)Sec. 8A-13. Managed health care fraud.(b) Any person, firm, corporation, association, agency, institution, or other legal entity that, with the intent to obtain benefits or payments under this Code to which the person or entity is not entitled or in a greater amount than that to which the person or entity is entitled, knowingly or willfully: executes or conspires to execute a scheme or artifice(1) executes or conspires to execute a scheme orartifice to defraud any State or federally funded ormandated health plan in connection with the delivery of orpayment for health care benefits, items, or services;, or(2) executes or conspires to execute a scheme orartifice to obtain by means of false or fraudulentpretense, representation, statement, or promise money oranything of value in connection with the delivery of orpayment for health care benefits, items, or services thatare in whole or in part paid for, reimbursed, or subsidizedby, or are a required benefit of, a State or federallyfunded or mandated health plan;(3) falsifies, conceals, or covers up by any trick,scheme, or device a material fact in connection with thedelivery of or payment for health care benefits, items, orservices that are in whole or in part paid for or reimbursed by a State or federal health plan;(4) makes any materially false, fictitious, or fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, in connection with the delivery of or payment for health care benefits, items, or services that are in whole or in part paid for or reimbursed by a State or federal health plan; or(5) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry in connection with the delivery of or payment for health care benefits, items, or services that are in whole or in part paid for or reimbursed by a State or federal health plan; is guilty of a violation of this Article and shall be punished as provided in Section 8A-6.(305 ILCS 5/8A-15)Sec. 8A-15. False statements relating to health caredelivery. Any person, firm, corporation, association, agency,institution, or other legal entity that, in any matter relatedto a State or federally funded or mandated health plan,knowingly and willfully falsifies, conceals, or omits by anytrick, scheme, artifice, or device a material fact, or makes any false, fictitious, or fraudulent statement orrepresentation, or makes or uses any false writing or document,knowing the same to contain any false, fictitious, orfraudulent statement or entry in connection with the provision of health care or related services, is guilty of a Class 4 felony A misdemeanor.PUB AID-ADMIN SUPPORT ORDERSPublic Act 98-0563 Effective Date: (SB1358) August 27, 2013(305 ILCS 5/10-15.1)????Sec. 10-15.1. Judicial registration of administrative support orders.? (c) (Blank). A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.????(c-5) Every notice of registration must be accompanied by a copy of the registered administrative support order and the documents and relevant information accompanying the order pursuant to subsection (a). ????(d) (Blank). When an administrative support order is registered, the clerk of the circuit court shall notify the nonregistering party and the Illinois Department, unless the Department is requesting registration of its order. The notice, which shall be served on the nonregistering party by any method provided by law for service of a summons, must be accompanied by a copy of the registered administrative support order and the documents and relevant information accompanying the order.????(d-5) The registering party shall serve notice of the registration on the other party by first class mail, unless the administrative support order was entered by default or the registering party is also seeking an affirmative remedy. The registering party shall serve notice on the Department in all cases by first class mail. ????????(1) If the administrative support order was entered by ????default against the obligor, the obligor must be served ????with the registration by any method provided by law for ????service of summons. ????????(2) If a petition or comparable pleading seeking an ????affirmative remedy is filed with the registration, the ????non-moving party must be served with the registration and ????the affirmative pleading by any method provided by law for ????service of summons. (305 ILCS 5/10-16.5) ????Sec. 10-16.5. Interest on support obligations. A support obligation, or any portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure. An order for support entered or modified on or after January 1, 2006 shall contain a statement that a support obligation required under the order, or any portion of a support obligation required under the order, that becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure. Failure to include the statement in the order for support does not affect the validity of the order or the accrual of interest as provided in this Section. ????In cases in which IV-D services are being provided, the Department shall provide, by rule, for a one-time notice to obligees advising the obligee that he or she must notify the Department within 60 days of the notice that he or she wishes to have the Department compute any interest that accrued on a specific docket in his or her case between May 1, 1987 and December 31, 2005. If the obligee fails to notify the Department within the 60-day period: (i) the Department shall have no further duty to enforce and collect interest accrued on support obligations established under this Code or under any other law that are owed to the obligee prior to January 1, 2006; and (ii) any interest due on that docket prior to 2006 may be pursued by the obligee through a court action, but not through the Department's IV-D agency. (735 ILCS 5/12-109)??(from Ch. 110, par. 12-109) ????Sec. 12-109. Interest on judgments. ????(a) Every judgment except those arising by operation of law from child support orders shall bear interest thereon as provided in Section 2-1303. ????(b) Every judgment arising by operation of law from a child support order shall bear interest as provided in this subsection. The interest on judgments arising by operation of law from child support orders shall be calculated by applying one-twelfth of the current statutory interest rate as provided in Section 2-1303 to the unpaid child support balance as of the end of each calendar month. The unpaid child support balance at the end of the month is the total amount of child support ordered, excluding the child support that was due for that month to the extent that it was not paid in that month and including judgments for retroactive child support, less all payments received and applied as set forth in this subsection. The accrued interest shall not be included in the unpaid child support balance when calculating interest at the end of the month. The unpaid child support balance as of the end of each month shall be determined by calculating the current monthly child support obligation and applying all payments received for that month, except federal income tax refund intercepts, first to the current monthly child support obligation and then applying any payments in excess of the current monthly child support obligation to the unpaid child support balance owed from previous months. The current monthly child support obligation shall be determined from the document that established the support obligation. Federal income tax refund intercepts and any payments in excess of the current monthly child support obligation shall be applied to the unpaid child support balance. Any payments in excess of the current monthly child support obligation and the unpaid child support balance shall be applied to the accrued interest on the unpaid child support balance. Interest on child support obligations may be collected by any means available under State law for the collection of child support judgments federal and State laws, rules, and regulations providing for the collection of child support. DHS-PUB AID-LEGAL GUARDIANSPublic Act 98-0256 Effective Date: (HB2786) August 9, 2013(305 ILCS 5/12-4.45 new)????Sec. 12-4.45. Change in legal guardianship; notification. Whenever there is a change in legal guardianship of a minor child who receives benefits under this Code, the appropriate State agency shall immediately inform the Department of Human Services of the change in legal guardianship to ensure such benefits are sent directly to the minor child's legal guardian.????For purposes of this Section, "legal guardian" means a person appointed guardian, or given custody, of a minor by a circuit court of the State, but does not include a person appointed guardian, or given custody, of a minor under the Juvenile Court Act or the Juvenile Court Act of 1987. ELDER ABUSE AND NEGLECT ACT – 320 ILCSSENIOR CITIZENS CHILD CAREPublic Act 98-0084 Effective Date: (SB1225) July 15, 2013(320 ILCS 45/Act rep.) ????Section 5. The Senior Citizens Child Care Support Act is repealed. CHILDREN – 325 ILCSABUSED CHILD REPORTING-SCHOOLPublic Act 98-0408 Effective Date: (HB2245) July 1, 2014(325 ILCS 5/4)??(from Ch. 23, par. 2054) ??????Within one year of initial employment and at least every 5 years thereafter, school personnel required to report child abuse as provided under this Section must complete mandated reporter training by a provider or agency with expertise in recognizing and reporting child abuse. ABUSED CHILD-ATTORNY PRIVILGEDPublic Act 98-0067 Effective Date: (HB2771) July 15, 2013(325 ILCS 5/4)??(from Ch. 23, par. 2054) The reporting requirements of this Act shall not apply to the contents of a privileged communication between an attorney and his or her client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of Professional Conduct relating to the legal representation of an individual client. DCFS-CHILD ABUSE-VARIOUSPublic Act 98-0453 Effective Date: (HB2787) August 16, 2013(325 ILCS 5/7.7)??(from Ch. 23, par. 2057.7) ????Sec. 7.7. There shall be a central register of all cases of suspected child abuse or neglect reported and maintained by the Department under this Act. Through the recording of initial, preliminary, and final reports, the central register shall be operated in such a manner as to enable the Department to: (1) immediately identify and locate prior reports of child abuse or neglect; (2) continuously monitor the current status of all reports of child abuse or neglect being provided services under this Act; and (3) regularly evaluate the effectiveness of existing laws and programs through the development and analysis of statistical and other information. ????The Department shall maintain in the central register a listing of unfounded reports where the subject of the unfounded report requests that the record not be expunged because the subject alleges an intentional false report was made. Such a request must be made by the subject in writing to the Department, within 10 days of the investigation. By January 1, 2014, the Department shall promulgate rules establishing criteria and standards for labeling an unfounded report as an intentional false report in the central register. The rules shall permit the reporter to submit a statement regarding the report unless the reporter has been convicted of knowingly transmitting a false report to the Department under paragraph (7) of subsection (a) of Section 26-1 of the Criminal Code of 2012. (325 ILCS 5/7.14)??(from Ch. 23, par. 2057.14) ????Sec. 7.14. All reports in the central register shall be classified in one of three categories: "indicated", "unfounded" or "undetermined", as the case may be. After the report is classified, the person making the classification shall determine whether the child named in the report is the subject of an action under Article II of the Juvenile Court Act of 1987. If the child is the subject of an action under Article II of the Juvenile Court Act, the Department shall, within 45 days of classification of the report, transmit a copy of the report to the guardian ad litem appointed for the child under Section 2-17 of the Juvenile Court Act. All information identifying the subjects of an unfounded report shall be expunged from the register forthwith, except as provided in Section 7.7. Unfounded reports may only be made available to the Child Protective Service Unit when investigating a subsequent report of suspected abuse or maltreatment involving a child named in the unfounded report; and to the subject of the report, provided the Department has not expunged the file in accordance with Section 7.7. The Child Protective Service Unit shall not indicate the subsequent report solely based upon the existence of the prior unfounded report or reports. Notwithstanding any other provision of law to the contrary, an unfounded report shall not be admissible in any judicial or administrative proceeding or action. Identifying information on all other records shall be removed from the register no later than 5 years after the report is indicated. However, if another report is received involving the same child, his sibling or offspring, or a child in the care of the persons responsible for the child's welfare, or involving the same alleged offender, the identifying information may be maintained in the register until 5 years after the subsequent case or report is closed. ????Notwithstanding any other provision of this Section, identifying information in indicated reports involving serious physical injury to a child as defined by the Department in rules, may be retained longer than 5 years after the report is indicated or after the subsequent case or report is closed, and may not be removed from the register except as provided by the Department in rules. Identifying information in indicated reports involving sexual penetration of a child, sexual molestation of a child, sexual exploitation of a child, torture of a child, or the death of a child, as defined by the Department in rules, shall be retained for a period of not less than 50 years after the report is indicated or after the subsequent case or report is closed. ????For purposes of this Section "child" includes an adult resident as defined in this Act.(325 ILCS 5/7.16)??(from Ch. 23, par. 2057.16) ????Sec. 7.16. For any investigation or appeal initiated on or after, or pending on July 1, 1998, the following time frames shall apply. Within 60 days after the notification of the completion of the Child Protective Service Unit investigation, determined by the date of the notification sent by the Department, a subject of a report may request the Department to amend the record or remove the record of the report from the register. Such request shall be in writing and directed to such person as the Department designates in the notification. If the Department disregards any request to do so or does not act within 10 days, the subject shall have the right to a hearing within the Department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this Act, except that there shall be no such right to a hearing on the ground of the report's inaccuracy if there has been a court finding of child abuse or neglect, the report's accuracy being conclusively presumed on such finding. Such hearing shall be held within a reasonable time after the subject's request and at a reasonable place and hour. The appropriate Child Protective Service Unit shall be given notice of the hearing. If the minor, who is the victim named in the report sought to be amended or removed from the State Central Register, is the subject of a pending action under Article II of the Juvenile Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under Section 2-17 of the Juvenile Court Act of 1987, then the minor shall, through the minor's attorney or guardian ad litem appointed under Section 2-17 of the Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department's rules. In such hearings, the burden of proving the accuracy and consistency of the record shall be on the Department and the appropriate Child Protective Service Unit. The hearing shall be conducted by the Director or his designee, who is hereby authorized and empowered to order the amendment or removal of the record to make it accurate and consistent with this Act. The decision shall be made, in writing, at the close of the hearing, or within 45 days thereof, and shall state the reasons upon which it is based. Decisions of the Department under this Section are administrative decisions subject to judicial review under the Administrative Review Law. ????Should the Department grant the request of the subject of the report pursuant to this Section either on administrative review or after administrative hearing to amend an indicated report to an unfounded report, the report shall be released and expunged in accordance with the standards set forth in Section 7.14 of this Act. ? (325 ILCS 5/7.21) ????Sec. 7.21. Multidisciplinary Review Committee. ????(a) The Department may establish multidisciplinary review committees in each region of the State to assure that mandated reporters have the ability to have a review conducted on any situation where a child abuse or neglect report made by them was "unfounded", and they have concerns about the adequacy of the investigation. These committees shall draw upon the expertise of the Child Death Review Teams as necessary and practicable. Each committee will be composed of the following: a health care professional, a Department employee, a law enforcement official, a licensed social worker, and a representative of the State's attorney's office. In appointing members of a committee, primary consideration shall be given to a prospective member's prior experience in dealing with cases of suspected child abuse or neglect. ????(b) Whenever the Department determines that a reported incident of child abuse or neglect from a mandated reporter is "unfounded", the mandated reporter may request a review of the investigation within 10 days of the notification of the final finding. Whenever the Department determines that a reported incident of child abuse or neglect from a mandated reporter or any other reporter is "unfounded", the minor's guardian ad litem appointed under the Juvenile Court Act of 1987 may request a review of the investigation within 10 days of the notification of the final finding if the subject of the report is also the minor for whom the guardian ad litem has been appointed. The review of the investigation requested by the guardian ad litem may be conducted by the Regional Child Protection Manager. ????A review under this subsection will be conducted by the committee, except those requests for review that are made by the guardian ad litem, which shall be conducted by the Regional Child Protection Manager. The Department shall make available to the committee all information in the Department's possession concerning the case. The committee shall make recommendations to the Department as to the adequacy of the investigation and of the accuracy of the final finding determination. These findings shall be forwarded to the Regional Child Protection Manager. ????(c) The Department shall provide complete records of these investigations to the committee. Records provided to the committee and recommendation reports generated by the committee shall not be public record. ????(c-5) On or before October 1 of each year, the Department shall prepare a report setting forth (i) the number of investigations reviewed by each committee during the previous fiscal year and (ii) the number of those investigations that the committee found to be inadequate. The report shall also include a summary of the committee's comments and a summary of the corrective action, if any, that was taken in response to the committee's recommendations. The report shall be a public record. The Department shall submit the report to the General Assembly and shall make the report available to the public upon request. ????(d) The Department shall adopt rules to implement this Section. ?(325 ILCS 5/7.22 new)????Sec. 7.22. Reviews of unfounded reports.????(a) Whenever the Department determines that a reported incident of child abuse or neglect is "unfounded", the minor's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 may request a review of the investigation within 10 days of the notification of the final finding and receipt of the report, as provided in Section 7.14 of this Act, if the subject of the report is also the minor for whom the attorney or guardian ad litem has been appointed. ????(b) Reviews requested under subsection (a) may be requested by sending a request via U.S. Mail, postmarked within 10 days after notice of the final finding, or by faxing a request within 10 days after notice of the final finding. The date of notification of the final finding is the date the attorney or guardian ad litem received a copy of the report from the Department. ????(c) By January 1, 2014, the Department shall promulgate rules addressing reviews requested under subsection (a). The rules shall provide that a review requested under subsection (a) must occur before the report is classified and a final finding is entered in the central register and that the review must be conducted by a Department employee outside the supervisory chain of the assigned investigator. DCFS-ABUSE INVESTIGATIONS-RPTSPublic Act 98-0487 Effective Date: (SB1207) January 1, 2014(325 ILCS 5/7.16)??(from Ch. 23, par. 2057.16) ????Sec. 7.16. For any investigation or appeal initiated on or after, or pending on July 1, 1998, the following time frames shall apply. Within 60 days after the notification of the completion of the Child Protective Service Unit investigation, determined by the date of the notification sent by the Department, the perpetrator named in the notification a subject of a report may request the Department to amend the record or remove the record of the report from the register, except that the 60-day deadline for filing a request to amend the record or remove the record of the report from the State Central Register shall be tolled until after the conclusion of any criminal court action in the circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an indicated report. Such request shall be in writing and directed to such person as the Department designates in the notification letter notifying the perpetrator of the indicated finding. The perpetrator If the Department disregards any request to do so or does not act within 10 days, the subject shall have the right to a timely hearing within the Department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this Act, except that there shall be no such right to a hearing on the ground of the report's inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator. , the report's accuracy being conclusively presumed on such finding. Such hearing shall be held within a reasonable time after the perpetrator's subject's request and at a reasonable place and hour. The appropriate Child Protective Service Unit shall be given notice of the hearing. If the minor, who is the victim named in the report sought to be amended or removed from the State Central Register, is the subject of a pending action under Article II of the Juvenile Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under Section 2-17 of the Juvenile Court Act, then the minor shall, through the minor's attorney or guardian ad litem appointed under Section 2-17 of the Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department's rules. In such hearings, the burden of proving the accuracy and consistency of the record shall be on the Department and the appropriate Child Protective Service Unit. The hearing shall be conducted by the Director or his designee, who is hereby authorized and empowered to order the amendment or removal of the record to make it accurate and consistent with this Act. The decision shall be made, in writing, at the close of the hearing, or within 60 45 days thereof, and shall state the reasons upon which it is based. Decisions of the Department under this Section are administrative decisions subject to judicial review under the Administrative Review Law. ????Should the Department grant the request of the perpetrator subject of the report pursuant to this Section either on administrative review or after an administrative hearing to amend an indicated report to an unfounded report, the report shall be released and expunged in accordance with the standards set forth in Section 7.14 of this Act. ENVIRONMENTAL SAFETY– 415 ILCSLITTER CONTROL-CIGARETTESPublic Act 98-0483 Effective Date: (HB3243) January 1, 2014(415 ILCS 105/3)??(from Ch. 38, par. 86-3) ????Sec. 3. As used in this Act, unless the context otherwise requires: ????(a) "Litter" means any discarded, used or unconsumed substance or waste. "Litter" may include, but is not limited to, any garbage, trash, refuse, cigarettes, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging construction material, abandoned vehicle (as defined in the Illinois Vehicle Code), motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, potentially infectious medical waste as defined in Section 3.360 of the Environmental Protection Act, or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned or otherwise disposed of improperly. LITTERING-MINIMUM FINE=$50Public Act 98-0472 Effective Date: (HB3081) January 1, 2014(415 ILCS 105/8)??(from Ch. 38, par. 86-8) ????Sec. 8. Persons who violate any of Sections 4 through 7 are subject to the penalties set out in this Section. (e) A mandatory minimum fine of $50 must be imposed against any person who is convicted of violating Section 5 of this Act. PUBLIC SAFETY/FOID CARD ACT – 430 ILCSSEX OFFENDER-REG FEE(LOST AND STOLEN) **CCSAO INITIATIVE**Public Act 98-0508 Effective Date: (HB1189) August 19, 2013Statutes430 ILCS 65/3from Ch. 38, par. 83-3430 ILCS 65/3.3430 ILCS 65/8from Ch. 38, par. 83-8720 ILCS 5/24-3from Ch. 38, par. 24-3720 ILCS 5/24-4.1 newSynopsisProvides that the Act may be referred to as the Gun Safety and Responsibility Act. Amends the Firearm Owners Identification Card Act. Provides that a private party who sells or transfers a firearm must use the State Police's dial-up system to verify that the buyer or transferee is the holder of a valid Firearm Owners Identification ("FOID") card before making the transfer. Provides for exceptions; sets forth record keeping requirements. Requires the State Police to develop an Internet-based system for individuals to determine the validity of a FOID card prior to sale or transfer. Amends the Criminal Code of 2012. Provides that the sellers and transferors of firearms who determine the validity of a FOID card prior to sale or transfer are not civilly liable for any misuse of the firearm by the buyer or transferee. Provides that the owner of a lost or stolen firearm must report the loss or theft of the firearm to law enforcement within 72 hours of discovering the loss or theft. A portion of the 35 page act is below. (720 ILCS 5/24-4.1 new) ????Sec. 24-4.1. Report of lost or stolen firearms. ????(a) If a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft.????(b) A law enforcement agency having jurisdiction shall take a written report and shall, as soon as practical, enter the firearm's serial number as stolen into the Law Enforcement Agencies Data System (LEADS).????(c) A person shall not be in violation of this Section if:????????(1) the failure to report is due to an act of God, act ????of war, or inability of a law enforcement agency to receive ????the report;????????(2) the person is hospitalized, in a coma, or is ????otherwise seriously physically or mentally impaired as to ????prevent the person from reporting; or????????(3) the person's designee makes a report if the person ????is unable to make the report. ????(d) Sentence. A person who violates this Section is guilty of a petty offense for a first violation. A second or subsequent violation of this Section is a Class A misdemeanor.ELECTRONIC TRANSFER-TERMINALS (CONCEALED CARRY)Public Act 98-0063 Effective Date: (HB0183) July 9, 2013New Act5 ILCS 120/2from Ch. 102, par. 425 ILCS 140/7.515 ILCS 305/13.5 new20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part20 ILCS 2605/2605-595 new30 ILCS 105/5.826 new30 ILCS 105/5.827 new30 ILCS 105/6z-98 new30 ILCS 105/5.206 rep.225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005235 ILCS 5/10-1from Ch. 43, par. 183405 ILCS 5/6-103.1405 ILCS 5/6-103.2 new405 ILCS 5/6-103.3 new430 ILCS 65/1.1from Ch. 38, par. 83-1.1430 ILCS 65/3.1from Ch. 38, par. 83-3.1430 ILCS 65/4from Ch. 38, par. 83-4430 ILCS 65/5from Ch. 38, par. 83-5430 ILCS 65/5.1 new430 ILCS 65/8from Ch. 38, par. 83-8430 ILCS 65/8.1from Ch. 38, par. 83-8.1430 ILCS 65/9from Ch. 38, par. 83-9430 ILCS 65/9.5 new430 ILCS 65/10from Ch. 38, par. 83-10430 ILCS 65/13.1from Ch. 38, par. 83-13.1430 ILCS 65/13.2from Ch. 38, par. 83-13.2720 ILCS 5/24-1.6720 ILCS 5/24-2725 ILCS 5/112A-14from Ch. 38, par. 112A-14740 ILCS 110/12from Ch. 91 1/2, par. 812755 ILCS 5/11a-24 newCreates the Firearm Concealed Carry Act. Allows residents and non-residents who meet specified qualifications to apply for a license to carry a concealed firearm in this State. The license is valid for 5 years and the license fee is $150 for a resident and $300 for a non-resident. Allows any law enforcement agency to object to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety. Allows the Department of State Police to object to a license applicant with 5 or more arrests for any reason or 3 or more gang-related arrests within the 7 years preceding the date of application. These objections are reviewed by a Concealed Carry Licensing Review Board composed of 7 members appointed by the Governor with the advice and consent of the Senate. The Concealed Carry Licensing Review Board determines by a preponderance of the evidence whether the applicant is eligible or ineligible for a license. Prohibits a licensee from carrying a concealed handgun into certain specified locations. Requires the Department of State Police to approve a 16 hour training course for new license applicants and 3 hour course for license renewal, and to certify course instructors. Establishes training course requirements. Creates a task force to develop a plan by March 1, 2014 to allow for a Firearm Owner's Identification Card and concealed carry license designation to appear on a person's Illinois driver's license or Illinois identification card. Preempts home rule on the regulation, licensing, possession, registration, and transportation of concealed handguns as covered by the Act. Creates the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law. Requires the principal of a public elementary or secondary school, or his or her designee, and the chief administrative officer of a private elementary or secondary school or a public or private community college, college, or university, or his or her designee, to report to the Department of Human Services when a student is determined to pose a clear and present danger to himself, herself, or to others within 24 hours of the determination. Amends the Mental Health and Developmental Disabilities Code to make conforming changes and require notification to the Department of State Police Firearm Owners Identification Card Office no later than 7 days after entry of a court order for an adjudication as a mentally disabled or disabled person. Requires reporting a developmental disability or clear and present danger determination within 24 hours of the determination to the Department of Human Services, and the Department of Human Services must notify the Department of State Police. Firearms in the possession of a person adjudicated as a mentally disabled or disabled person must be ordered by the court to deliver the firearms to a person with a valid Firearm Owner's Identification Card for safekeeping. The adjudicated person shall also be ordered to surrender his or her Firearm Owner's Identification Card. Amends the Firearm Owners Identification Card Act (FOID). Defines "addicted to narcotics" for purposes of disqualifying a person for a Firearm Owner's Identification Card. Changes the disqualification for a Firearm Owner's Identification Card as a "mental defective" to "mentally disabled". Adds to the definition of "mentally disabled" an adjudication as a disabled person, a finding of guilty but mentally ill, or a determination that a person is a clear and present danger to himself, herself, or to others. Defines "clear and present danger". Preempts home rule on the regulation, licensing, possession, registration, and transportation of concealed handguns and ammunition for concealed handguns as covered by the FOID Act. Preempts home rule on the prohibition of possession or ownership of assault weapons unless the ordinance is enacted before, on, or within 10 days of the effective date of this Act and any amendments thereafter. Amends The Freedom of Information Act. Exempts from disclosure the names and information of persons who have applied for or received a concealed carry license and certain records under the Firearm Concealed Carry Act. Amends the Open Meetings Act to close meetings and deliberations of the Concealed Carry Licensing Review Board. Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the State Finance Act. Creates the State Police Firearm Services Fund for fee revenue from the Firearm Owners Identification Card Act and Firearm Concealed Carry Act. The Department of State Police may use the Fund for its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act and Firearm Concealed Carry Act. Creates the Mental Health Reporting Fund for fee revenue from the Firearm Concealed Carry Act for the Department of State Police and the Department of Human Services for duties in collecting and reporting data on mental health records and ensuring firearm possession prohibitions related to mental health are enforced. Surplus money in the Fund may be used for mental health treatment programs. Amends the Criminal Code of 2012 and other Acts to make conforming changes. Effective immediately.ANIMALS - 510 ILCSANIMALS-TECH(ANIMALS RUNNING WILD ACT)Public Act 98-0367 Effective Date: (HB0733) August 16, 2013 (510 ILCS 55/1.1)??(from Ch. 8, par. 1.1) ????Sec. 1.1. Definitions. As used in this Act, unless the context otherwise requires: ????"Livestock", for the purposes of this Act only, means bison, cattle, swine, sheep, goats, equidae, camelids, ratites, or fowl or geese. ????"Owner" means any person who (a) has a right of property in an animal, (b) keeps or harbors an animal, (c) has an animal in his care, or (d) acts as custodian of an animal. ????"Person" means any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State. ????"Running at large" or "run at large" means livestock that strays from confinement or restraint and from the limits of the owner. (510 ILCS 55/1.2)??(from Ch. 8, par. 1.2) ????Sec. 1.2. A notice of a violation of this Act shall be given to the person or owner of livestock running at large if known and a maximum of 24 hours may be granted in which to make the necessary corrections if the violation is an accidental occurrence and an investigation reveals no identifiable individual at fault. Any livestock allowed to run at large may be impounded at a facility capable of restraining such livestock. A notice of impoundment shall be delivered to the owner of such livestock in person or by certified mail. ????Law enforcement officials such as State Police, County Sheriffs, or municipal police officers, animal control administrators, animal control officers, or authorized agents of the Illinois Department of Agriculture, or authorized agents of the Illinois Department of Natural Resources, or the owner or occupier of land may give notice and cause stray animals which trespass to be impounded. ????The person or persons having stray livestock impounded shall make every reasonable effort to notify the owner or keeper of the impounded livestock where such livestock is impounded. ????The person or persons requesting impoundment shall be held harmless of any liability for injury to or for any financial responsibility for such animals. ????Stray animals may be impounded at any public stockyards, livestock auction markets or any other facilities willing to accept such animals for impoundment. The impounding facility and its owner or owners shall not be held liable for any injury or accrue any financial responsibility for such impounded animals. ????Any expense incurred in such impoundment shall become a lien on the livestock impounded and must be discharged before the livestock are released from the facility. The livestock may be released to the owner prior to the expiration of the impoundment period if impoundment costs are satisfied and the owner provides evidence that he is capable of restraining the livestock from running at large. If the owner refuses or fails to provide such restraints, or the impounded animals are not claimed and incurred costs paid within the period of impoundment, such animals shall be sold either at a public auction, or through a public stockyard or a livestock auction market, offered for adoption, or humanely euthanized in accordance with this Section. Before any livestock can be sold, offered for adoption, or humanely euthanized as herein provided, the person or court requesting the impoundment shall have published notice of the intended sale, adoption, or euthanization thereof in a newspaper of general circulation in the area where the impounded animals were found to be running at large. If the impounded livestock is not claimed within 10 days after the date of publication of such notice, the livestock may be sold, offered for adoption, or humanely euthanized in accordance with this Section. The proceeds of the sale shall be applied first to discharge the lien and costs associated with the sale of the livestock, and any balance shall be paid to the owner. If any court of competent jurisdiction issues any order concerning any impounded animal, such animal shall immediately pass to the jurisdiction and possession of the court bailiff of the jurisdiction in which the order was issued. ????If the lien and costs of the associated sale of the livestock is determined to exceed the expected value of the animal, then the animal may be deemed adoptable by the animal control facility and may be offered for adoption. If no such placement is available, then the animal may be humanely euthanized. ? (510 ILCS 55/3.1)??(from Ch. 8, par. 3.1) ????Sec. 3.1. Any person who violates this Act shall be guilty of a Class C misdemeanor, except a 10th or subsequent violation of this Act is a Class 4 felony and the court may order the livestock impounded. Each day of violation shall constitute a separate offense. ????In the event the person who violates this Act is a corporation or partnership, any officer, director, manager or managerial agent of the partnership or corporation who violates this Section or causes the partnership or corporation to violate this Section shall be guilty of a Class C misdemeanor.ANIMALS-DOGS-TETHERINGPublic Act 98-0101 Effective Date: (HB0083) January 1, 2014(510 ILCS 70/3)??(from Ch. 8, par. 703) ????Sec. 3. Owner's duties. ????(a) Each owner shall provide for each of his or her animals: ????????(1) a (a) sufficient quantity of good quality, ????wholesome food and water; ????????(2) (b) adequate shelter and protection from the ????weather; ????????(3) (c) veterinary care when needed to prevent ????suffering; and ????????(4) (d) humane care and treatment. ????(b) To lawfully tether a dog outdoors, an owner must ensure that the dog:????????(1) does not suffer from a condition that is known, by ????that person, to be exacerbated by tethering;????????(2) is tethered in a manner that will prevent it from ????becoming entangled with other tethered dogs; ????????(3) is not tethered with a lead that (i) exceeds ????one-eighth of the dog's body weight or (ii) is a tow chain ????or a log chain; ????????(4) is tethered with a lead that measures, when rounded ????to the nearest whole foot, at least 10 feet in length;????????(5) is tethered with a properly fitting harness or ????collar other than the lead or a pinch, prong, or choke-type ????collar; and????????(6) is not tethered in a manner that will allow it to ????reach within the property of another person, a public ????walkway, or a road.????(c) Subsection (b) of this Section shall not be construed to prohibit:????????(1) a person from walking a dog with a hand-held leash;????????(2) conduct that is directly related to the cultivating ????of agricultural products, including shepherding or herding ????cattle or livestock, if the restraint is reasonably ????necessary for the safety of the dog;????????(3) the tethering of a dog while at an organized and ????lawful animal function, such as hunting, obedience ????training, performance and conformance events, or law ????enforcement training, or while in the pursuit of working or ????competing in those endeavors; or????????(4) a dog restrained in compliance with the ????requirements of a camping or recreational area as defined ????by a federal, State, or local authority or jurisdiction. ???? (d) A person convicted of violating subsection (a) of this Section is guilty of a Class B misdemeanor. A second or subsequent violation of subsection (a) of this Section is a Class 4 felony with every day that a violation continues constituting a separate offense. In addition to any other penalty provided by law, upon conviction for violating subsection (a) of this Section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation. ????(e) A person convicted of violating subsection (b) of this Section is guilty of a Class B misdemeanor.????(f) As used in this Section, "tether" means to restrain by tying to an object or structure, including, without limitation, a house, tree, fence, post, garage, shed, or clothes line at a person's residence or business, by any means, including, without limitation, a chain, rope, cord, leash, or running line.WILDLIFE – 520 ILCSUNLAWFUL POSS. OF WILDLIFEPublic Act 98-0119 Effective Date: (SB1170)January 1, 2014(520 ILCS 5/2.33)??(from Ch. 61, par. 2.33) ????Sec. 2.33. Prohibitions.(nn) It shall be unlawful to possess any species of wildlife or wildlife parts taken unlawfully in Illinois, any other state, or any other country, whether or not the wildlife or wildlife parts is indigenous to Illinois. For the purposes of this subsection, the statute of limitations for unlawful possession of wildlife or wildlife parts shall not cease until 2 years after the possession has permanently ended. ROADS & BRIDGES – 605 ILCSPUBLISHING TOLL VIOLATORSPublic Act 98-0559 Effective Date: (SB1214)January 1, 2014(605 ILCS 10/10)??(from Ch. 121, par. 100-10) ????Sec. 10. The Authority shall have power: ??(a-5) The Authority may maintain a listing or searchable database on its website of persons or entities that have been issued one or more final orders of liability with a total amount due of more than $1,000 for tolls, fines, unpaid late fees, or administrative costs that remain unpaid after the exhaustion of, or the failure to exhaust, the judicial review procedures under the Administrative Review Law. Each entry may include the person's or entity's name as listed on the final order of liability. ILLINOIS VEHICLE CODE – 625 ILCSTRANSPORTATION-TECHPublic Act 98-0405 Effective Date: (HB1809)January 1, 2014(625 ILCS 5/1-159.1)??(from Ch. 95 1/2, par. 1-159.1) ????Sec. 1-159.1. Person with disabilities. A natural person who, as determined by a licensed physician, by a physician assistant who has been delegated the authority to make this determination by his or her supervising physician, or by an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make this determination: (1) cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; (2) is restricted by lung disease to such an extent that his or her forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest; (3) uses portable oxygen; (4) has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV, according to standards set by the American Heart Association; (5) is severely limited in the person's ability to walk due to an arthritic, neurological, oncological, or orthopedic condition; (6) cannot walk 200 feet without stopping to rest because of one of the above 5 conditions; or (7) is missing a hand or arm or has permanently lost the use of a hand or arm.INSURANCE & VEH. REGISTRATIONPublic Act 98-0539 Effective Date: (SB1940)January 1, 2014(625 ILCS 5/3-405)??(from Ch. 95 1/2, par. 3-405) ????Sec. 3-405. Application for registration. ????(a) Every owner of a vehicle subject to registration under this Code shall make application to the Secretary of State for the registration of such vehicle upon the appropriate form or forms furnished by the Secretary. Every such application shall bear the signature of the owner written with pen and ink and contain: ?3. Information relating to the insurance policy for the ????motor vehicle, including the name of the insurer which ????issued the policy, the policy number, and the expiration ????date of the policy. Beginning with the 2016 registration ????year, registration shall not be issued to persons that ????submit an application that does not contain this ????information.5. An affirmation by the applicant that all information ????set forth is true and correct. If the application is for ????the registration of a motor vehicle, the applicant also ????shall affirm that the motor vehicle is insured as required ????by this Code, that such insurance will be maintained ????throughout the period for which the motor vehicle shall be ????registered, and that neither the owner, nor any person ????operating the motor vehicle with the owner's permission, ????shall operate the motor vehicle unless the required ????insurance is in effect. If the person signing the ????affirmation is not the sole owner of the vehicle, such ????person shall be deemed to have affirmed on behalf of all ????the owners of the vehicle. If the person signing the ????affirmation is not an owner of the vehicle, such person ????shall be deemed to have affirmed on behalf of the owner or ????owners of the vehicle. The lack of signature on the ????application shall not in any manner exempt the owner or ????owners from any provisions, requirements or penalties of ????this Code. Beginning with the 2016 registration year, any ????person that knowingly submits false insurance information ????shall be guilty of a Class C misdemeanor. (625 ILCS 5/3-415)??(from Ch. 95 1/2, par. 3-415) ????Sec. 3-415. Application for and renewal of registration. (g) Applications for registration renewal shall include information relating to the insurance policy for the motor vehicle, including the name of the insurer that issued the policy, the policy number, and the expiration date of the policy. Registration shall not be renewed for persons that submit an application that does not contain this information. Any person that knowingly submits false insurance information shall be guilty of a Class C misdemeanor. ????The changes to this subsection made by this amendatory Act of the 98th General Assembly shall not take effect until the beginning of the 2016 registration year.(625 ILCS 5/3-918 new)????Sec. 3-918. Vehicle registration and insurance. Beginning with the 2016 registration year, any remittance agent engaged in the business of remitting applications for the issuance or renewal of vehicle registration shall ask applicants for information relating to the insurance policy for the motor vehicle, including the name of the insurer that issued the policy, the policy number, and the expiration date of the policy. This information shall be remitted to the Secretary of State as part of the application. Failure to obtain this information and supply it to the Secretary of State shall subject the remittance agent to suspension or revocation of their license as described in Section 3-907 of this Code. BOATING UNDER THE INFLUENCEPublic Act 98-0103 Effective Date: (SB1479)January 1, 2014(625 ILCS 5/6-206) ????Sec. 6-206. Discretionary authority to suspend or revoke license or permit; Right to a hearing. (a) The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person:? 31. Has refused to submit to a test as required by ????Section 11-501.6 of this Code or Section 5-16c of the Boat ????Registration and Safety Act or has submitted to a test ????resulting in an alcohol concentration of 0.08 or more or ????any amount of a drug, substance, or compound resulting from ????the unlawful use or consumption of cannabis as listed in ????the Cannabis Control Act, a controlled substance as listed ????in the Illinois Controlled Substances Act, an intoxicating ????compound as listed in the Use of Intoxicating Compounds ????Act, or methamphetamine as listed in the Methamphetamine ????Control and Community Protection Act, in which case the ????penalty shall be as prescribed in Section 6-208.1; ????????32. Has been convicted of Section 24-1.2 of the ????Criminal Code of 1961 or the Criminal Code of 2012 relating ????to the aggravated discharge of a firearm if the offender ????was located in a motor vehicle at the time the firearm was ????discharged, in which case the suspension shall be for 3 ????years; (625 ILCS 45/5-16c new)????Sec. 5-16c. Operator involvement in personal injury or fatal boating accident; chemical tests.????(a) Any person who operates or is in actual physical control of a motorboat within this State and who has been involved in a personal injury or fatal boating accident shall be deemed to have given consent to a breath test using a portable device as approved by the Department of State Police or to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds of the person's blood if arrested as evidenced by the issuance of a uniform citation for a violation of the Boat Registration and Safety Act or a similar provision of a local ordinance, with the exception of equipment violations contained in Article IV of this Act or similar provisions of local ordinances. The test or tests shall be administered at the direction of the arresting officer. The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered. A urine test may be administered even after a blood or breath test or both has been administered. Compliance with this Section does not relieve the person from the requirements of any other Section of this Act.????(b) Any person who is dead, unconscious, or who is otherwise in a condition rendering that person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Section. In addition, if an operator of a motorboat is receiving medical treatment as a result of a boating accident, any physician licensed to practice medicine, licensed physician assistant, licensed advanced practice nurse, registered nurse, or a phlebotomist acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol, other drug or drugs, or intoxicating compound or compounds, upon the specific request of a law enforcement officer. However, this testing shall not be performed until, in the opinion of the medical personnel on scene, the withdrawal can be made without interfering with or endangering the well-being of the patient.????(c) A person requested to submit to a test under subsection (a) of this Section shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in the person's blood or urine, may result in the suspension of the person's privilege to operate a motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of the Illinois Vehicle Code, if the person is a CDL holder. The length of the suspension shall be the same as outlined in Section 6-208.1 of the Illinois Vehicle Code regarding statutory summary suspensions.????(d) If the person refuses testing or submits to a test which discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form prescribed by the Secretary of State, certifying that the test or tests were requested under subsection (a) of this Section and the person refused to submit to a test or tests or submitted to testing which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's blood or urine, resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.????Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall enter the suspension and disqualification to the person's driving record and the suspension and disqualification shall be effective on the 46th day following the date notice of the suspension was given to the person.????The law enforcement officer submitting the sworn report shall serve immediate notice of this suspension on the person and this suspension and disqualification shall be effective on the 46th day following the date notice was given.????In cases where the blood alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer shall give notice as provided in this Section or by deposit in the United States mail of this notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the uniform citation and the suspension and disqualification shall be effective on the 46th day following the date notice was given.????Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall also give notice of the suspension and disqualification to the person by mailing a notice of the effective date of the suspension and disqualification to the person. However, should the sworn report be defective by not containing sufficient information or be completed in error, the notice of the suspension and disqualification shall not be mailed to the person or entered to the driving record, but rather the sworn report shall be returned to the issuing law enforcement agency.????(e) A person may contest this suspension of his or her driving privileges and disqualification of his or her CDL privileges by requesting an administrative hearing with the Secretary of State in accordance with Section 2-118 of the Illinois Vehicle Code. At the conclusion of a hearing held under Section 2-118 of the Illinois Vehicle Code, the Secretary of State may rescind, continue, or modify the orders of suspension and disqualification. If the Secretary of State does not rescind the orders of suspension and disqualification, a restricted driving permit may be granted by the Secretary of State upon application being made and good cause shown. A restricted driving permit may be granted to relieve undue hardship to allow driving for employment, educational, and medical purposes as outlined in Section 6-206 of the Illinois Vehicle Code. The provisions of Section 6-206 of the Illinois Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified.????(f) For the purposes of this Section, a personal injury shall include any type A injury as indicated on the accident report completed by a law enforcement officer that requires immediate professional attention in a doctor's office or a medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.DRIVING ON SUSP./REVOKED DLPublic Act 98-0573 Effective Date: (SB1764)August 27, 2013(625 ILCS 5/6-303)??(from Ch. 95 1/2, par. 6-303) ????Sec. 6-303. Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked. ?(a-10) A person's driver's license, permit, or privilege to obtain a driver's license or permit may be subject to multiple revocations, multiple suspensions, or any combination of both simultaneously. No revocation or suspension shall serve to negate, invalidate, cancel, postpone, or in any way lessen the effect of any other revocation or suspension entered prior or subsequent to any other revocation or suspension.?(c-5) Any person convicted of a second violation of this Section is guilty of a Class 2 felony, is not eligible for probation or conditional discharge, and shall serve a mandatory term of imprisonment, if: ???????? (1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 9-3 of the ????Criminal Code of 1961 or the Criminal Code of 2012, ????relating to the offense of reckless homicide, or a similar ????out-of-state offense; and ???????? (2) the prior conviction under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 9-3 of the Criminal Code ????of 1961 or the Criminal Code of 2012 relating to the ????offense of reckless homicide, or a similar out-of-state ????offense, or was suspended or revoked for a violation of ????Section 11-401 or 11-501 of this Code, a similar ????out-of-state offense, a similar provision of a local ????ordinance, or a statutory summary suspension or revocation ????under Section 11-501.1 of this Code. (d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if: ????????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the original ????revocation or suspension was for a violation of Section ????11-401 or 11-501 of this Code, or a similar out-of-state ????offense, or a similar provision of a local ordinance, or a ????statutory summary suspension or revocation under Section ????11-501.1 of this Code; and????????(2) the prior conviction under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory summary suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense. (d-2) Any person convicted of a third violation of this Section is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 30 days, if: ????????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 11-401 or 11-501 ????of this Code, or a similar out-of-state offense, or a ????similar provision of a local ordinance, or a statutory ????summary suspension or revocation under Section 11-501.1 of ????this Code; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory summary suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense. ????(d-2.5) Any person convicted of a third violation of this Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment, if: ????????(1) the current violation occurred while the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 9-3 of the ????Criminal Code of 1961 or the Criminal Code of 2012, ????relating to the offense of reckless homicide, or a similar ????out-of-state offense. The person's driving privileges ????shall be revoked for the remainder of the person's life; ????and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 9-3 of the Criminal Code ????of 1961 or the Criminal Code of 2012, relating to the ????offense of reckless homicide, or a similar out-of-state ????offense, or was suspended or revoked for a violation of ????Section 11-401 or 11-501 of this Code, a similar ????out-of-state offense, a similar provision of a local ????ordinance, or a statutory summary suspension or revocation ????under Section 11-501.1 of this Code.????(d-3) Any person convicted of a fourth, fifth, sixth, seventh, eighth, or ninth violation of this Section is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days, if: ????????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 11-401 or 11-501 ????of this Code, or a similar out-of-state offense, or a ????similar provision of a local ordinance, or a statutory ????summary suspension or revocation under Section 11-501.1 of ????this Code; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory summary suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense. ????(d-3.5) Any person convicted of a fourth or subsequent violation of this Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment, and is eligible for an extended term, if: ????????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 9-3 of the ????Criminal Code of 1961 or the Criminal Code of 2012, ????relating to the offense of reckless homicide, or a similar ????out-of-state offense; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 9-3 of the Criminal Code ????of 1961 or the Criminal Code of 2012, relating to the ????offense of reckless homicide, or a similar out-of-state ????offense, or was suspended or revoked for a violation of ????Section 11-401 or 11-501 of this Code, a similar ????out-of-state offense, a similar provision of a local ????ordinance, or a statutory summary suspension or revocation ????under Section 11-501.1 of this Code. ????(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if: ????????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 11-401 or 11-501 ????of this Code, or a similar out-of-state offense, or a ????similar provision of a local ordinance, or a statutory ????summary suspension or revocation under Section 11-501.1 of ????this Code; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense.????(d-5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if: ????????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 11-401 or 11-501 ????of this Code, or a similar out-of-state offense, or a ????similar provision of a local ordinance, or a statutory ????summary suspension or revocation under Section 11-501.1 of ????this Code; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory summary suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense.(625 ILCS 5/11-501)??(from Ch. 95 1/2, par. 11-501)????Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof. ????????(1) Every person convicted of committing a violation of ????this Section shall be guilty of aggravated driving under ????the influence of alcohol, other drug or drugs, or ????intoxicating compound or compounds, or any combination ????thereof if:????????????(A) the person committed a violation of subsection ????????(a) or a similar provision for the third or subsequent ????????time;????????????(B) the person committed a violation of subsection ????????(a) while driving a school bus with one or more ????????passengers persons 18 years of age or younger on board;? (J) the person in committing a violation of ????????subsection (a) was involved in a motor vehicle accident ????????that resulted in bodily harm, but not great bodily ????????harm, to the child under the age of 16 being ????????transported by the person, if the violation was the ????????proximate cause of the injury; or????????????(K) the person in committing a second violation of ????????subsection (a) or a similar provision was transporting ????????a person under the age of 16; or .????????????(L) the person committed a violation of subsection ????????(a) of this Section while transporting one or more ????????passengers in a vehicle for-hire. LOW SPEED & NON-HWY VEHICLESPublic Act 98-0567 Effective Date: (SB1530)January 1, 2014(625 ILCS 5/11-1426.1)????Sec. 11-1426.1. Operation of non-highway vehicles on streets, roads, and highways. (c) No Except as otherwise provided in subsection (c-5), no person operating a non-highway vehicle shall make a direct crossing upon or across any highway under the jurisdiction of the State, tollroad, interstate highway, or controlled access highway in this State. No person operating a non-highway vehicle shall make a direct crossing upon or across any other highway under the jurisdiction of the State except at an intersection of the highway with another public street, road, or highway. ????(c-5) (Blank). A person may make a direct crossing at an intersection controlled by a traffic light or 4-way stop sign upon or across a highway under the jurisdiction of the State if the speed limit on the highway is 35 miles per hour or less at the place of crossing.(625 ILCS 45/4-1)??(from Ch. 95 1/2, par. 314-1) ????Sec. 4-1. Personal flotation devices.J. Racing shells, rowing sculls, racing canoes, and racing kayaks are exempt from the PFD, of any type, carriage requirements under this Section provided that the racing shell, racing scull, racing canoe, or racing kayak is participating in an event sanctioned by the Department as a PFD optional event. The Department may adopt rules to implement this subsection. VEH CD-CERTIFICATE OF SAFETYPublic Act 98-0489 Effective Date: (SB1294)January 1, 2014(625 ILCS 5/13-111)??(from Ch. 95 1/2, par. 13-111) ????Sec. 13-111. Operation without certificate of safety attached; Effective date of certificate. ????(a) Except as provided for in Chapter 13, no person shall operate any vehicle required to be inspected by this Chapter upon the highways of this State unless there is affixed to that vehicle a certificate of safety then in effect. The Secretary of State, State Police, and other police officers shall enforce this Section. The Department shall determine the expiration date of the certificate of safety. ????The certificates, all forms and records, reports of tests and retests, and the full procedure and methods of making the tests and retests, shall be in the form prescribed by the Department. ????(b) Every person convicted of violating this Section is guilty of a petty offense with a minimum fine of $95 and a maximum fine of $250; unless the violation is contemporaneous with a motor vehicle accident, in which case the person is guilty of a Class C misdemeanor. VEHICLE CODE SUPERVISIONPublic Act 98-0103 Effective Date: (SB1479)January 1, 2014?AN ACT concerning criminal law, which may be referred to as "Patricia's Law". ?(730 ILCS 5/5-6-1)??(from Ch. 38, par. 1005-6-1)(Text of Section after amendment by P.A. 97-831)????Sec. 5-6-1. Sentences of Probation and of Conditional Discharge and Disposition of Supervision. The General Assembly finds that in order to protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments and intermediate sanctions. The Chief Judge of each circuit shall adopt a system of structured, intermediate sanctions for violations of the terms and conditions of a sentence of probation, conditional discharge or disposition of supervision. ?(r) The provisions of paragraph (c) shall not apply to a defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance if the violation was the proximate cause of the death of another and the defendant's driving abstract contains a prior conviction or disposition of court supervision for any violation of the Illinois Vehicle Code, other than an equipment violation, or a suspension, revocation, or cancellation of the driver's license. MULTIPLE DL SUSP/REVOCATIONSPublic Act 98-0418 Effective Date: (HB2477)August 16, 2013(625 ILCS 5/6-303)??(from Ch. 95 1/2, par. 6-303) ????Sec. 6-303. Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked. ???? (a-10) A person's driver's license, permit, or privilege to obtain a driver's license or permit may be subject to multiple revocations, multiple suspensions, or any combination of both simultaneously. No revocation or suspension shall serve to negate, invalidate, cancel, postpone, or in any way lessen the effect of any other revocation or suspension entered prior or subsequent to any other revocation or suspension. ????????(c-5) Any person convicted of a second violation of this Section is guilty of a Class 2 felony, is not eligible for probation or conditional discharge, and shall serve a mandatory term of imprisonment, if: ???? ?? (1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 9-3 of the ????Criminal Code of 1961 or the Criminal Code of 2012, ????relating to the offense of reckless homicide, or a similar ????out-of-state offense; and ????????(2) the prior conviction under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 9-3 of the Criminal Code ????of 1961 or the Criminal Code of 2012 relating to the ????offense of reckless homicide, or a similar out-of-state ????offense, or was suspended or revoked for a violation of ????Section 11-401 or 11-501 of this Code, a similar ????out-of-state offense, a similar provision of a local ????ordinance, or a statutory summary suspension or revocation ????under Section 11-501.1 of this Code. ???? (d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if: ???? ????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the original ????revocation or suspension was for a violation of Section ????11-401 or 11-501 of this Code, or a similar out-of-state ????offense, or a similar provision of a local ordinance, or a ????statutory summary suspension or revocation under Section ????11-501.1 of this Code; and????????(2) the prior conviction under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory summary suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense. ???????? (d-2) Any person convicted of a third violation of this Section is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 30 days, if: ???? ????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 11-401 or 11-501 ????of this Code, or a similar out-of-state offense, or a ????similar provision of a local ordinance, or a statutory ????summary suspension or revocation under Section 11-501.1 of ????this Code; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory summary suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense. ????(d-2.5) Any person convicted of a third violation of this Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment, if: ???? ????(1) the current violation occurred while the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 9-3 of the ????Criminal Code of 1961 or the Criminal Code of 2012, ????relating to the offense of reckless homicide, or a similar ????out-of-state offense. The person's driving privileges ????shall be revoked for the remainder of the person's life; ????and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 9-3 of the Criminal Code ????of 1961 or the Criminal Code of 2012, relating to the ????offense of reckless homicide, or a similar out-of-state ????offense, or was suspended or revoked for a violation of ????Section 11-401 or 11-501 of this Code, a similar ????out-of-state offense, a similar provision of a local ????ordinance, or a statutory summary suspension or revocation ????under Section 11-501.1 of this Code.????(d-3) Any person convicted of a fourth, fifth, sixth, seventh, eighth, or ninth violation of this Section is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days, if: ???? ????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 11-401 or 11-501 ????of this Code, or a similar out-of-state offense, or a ????similar provision of a local ordinance, or a statutory ????summary suspension or revocation under Section 11-501.1 of ????this Code; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory summary suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense. ????(d-3.5) Any person convicted of a fourth or subsequent violation of this Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment, and is eligible for an extended term, if: ????????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 9-3 of the ????Criminal Code of 1961 or the Criminal Code of 2012, ????relating to the offense of reckless homicide, or a similar ????out-of-state offense; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 9-3 of the Criminal Code ????of 1961 or the Criminal Code of 2012, relating to the ????offense of reckless homicide, or a similar out-of-state ????offense, or was suspended or revoked for a violation of ????Section 11-401 or 11-501 of this Code, a similar ????out-of-state offense, a similar provision of a local ????ordinance, or a statutory summary suspension or revocation ????under Section 11-501.1 of this Code. ????(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if: ????????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 11-401 or 11-501 ????of this Code, or a similar out-of-state offense, or a ????similar provision of a local ordinance, or a statutory ????summary suspension or revocation under Section 11-501.1 of ????this Code; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense.????(d-5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if: ???? ????(1) the current violation occurred when the person's ????driver's license was suspended or revoked the revocation or ????suspension was for a violation of Section 11-401 or 11-501 ????of this Code, or a similar out-of-state offense, or a ????similar provision of a local ordinance, or a statutory ????summary suspension or revocation under Section 11-501.1 of ????this Code; and ????????(2) the prior convictions under this Section occurred ????while the person's driver's license was suspended or ????revoked for a violation of Section 11-401 or 11-501 of this ????Code, a similar out-of-state offense, a similar provision ????of a local ordinance, or a statutory summary suspension or ????revocation under Section 11-501.1 of this Code, or for a ????violation of Section 9-3 of the Criminal Code of 1961 or ????the Criminal Code of 2012, relating to the offense of ????reckless homicide, or a similar out-of-state offense. ????(e) Any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements, in addition to other penalties imposed under this Section, shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the vehicle that was impounded and the notarized written consent for the release by the vehicle owner. ????(f) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction. ????(g) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012 if the person's driving privilege was revoked or suspended as a result of:????????(1) a violation of Section 11-501 of this Code, a ????similar provision of a local ordinance, or a similar ????provision of a law of another state;????????(2) a violation of paragraph (b) of Section 11-401 of ????this Code, a similar provision of a local ordinance, or a ????similar provision of a law of another state;????????(3) a statutory summary suspension or revocation under ????Section 11-501.1 of this Code or a similar provision of a ????law of another state; or????????(4) a violation of Section 9-3 of the Criminal Code of ????1961 or the Criminal Code of 2012 relating to the offense ????of reckless homicide, or a similar provision of a law of ????another state.VEH CD-AUTOMATED ENFORCEMENTPublic Act 98-0556 Effective Date: (SB0923)January 1, 2014(625 ILCS 5/11-208) ??(from Ch. 95 1/2, par. 11-208) ????Sec. 11-208. Powers of local authorities. ? (i) A municipality or county designated in Section 11-208.9 may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11-1414 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation. (625 ILCS 5/11-208.9 new)????Sec. 11-208.9. Automated traffic law enforcement system; approaching, overtaking, and passing a school bus.????(a) As used in this Section, "automated traffic law enforcement system" means a device with one or more motor vehicle sensors working in conjunction with the visual signals on a school bus, as specified in Sections 12-803 and 12-805 of this Code, to produce recorded images of motor vehicles that fail to stop before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils in violation of Section 11-1414 of this Code or a similar provision of a local ordinance.????An automated traffic law enforcement system is a system, in a municipality or county operated by a governmental agency, that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. The recorded image must also display the time, date, and location of the violation.????(b) As used in this Section, "recorded images" means images recorded by an automated traffic law enforcement system on:????????(1) 2 or more photographs;????????(2) 2 or more microphotographs;????????(3) 2 or more electronic images; or????????(4) a video recording showing the motor vehicle and, on ????at least one image or portion of the recording, clearly ????identifying the registration plate number of the motor ????vehicle.????(c) A municipality or county that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance must make the recorded images of a violation accessible to the alleged violator by providing the alleged violator with a website address, accessible through the Internet.????(d) For each violation of a provision of this Code or a local ordinance recorded by an automated traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.????(e) The notice required under subsection (d) shall include:????????(1) the name and address of the registered owner of the ????vehicle;????????(2) the registration number of the motor vehicle ????involved in the violation;????????(3) the violation charged;????????(4) the location where the violation occurred;????????(5) the date and time of the violation;????????(6) a copy of the recorded images;????????(7) the amount of the civil penalty imposed and the ????date by which the civil penalty should be paid; ????????(8) a statement that recorded images are evidence of a ????violation of overtaking or passing a school bus stopped for ????the purpose of receiving or discharging pupils;????????(9) a warning that failure to pay the civil penalty or ????to contest liability in a timely manner is an admission of ????liability and may result in a suspension of the driving ????privileges of the registered owner of the vehicle;????????(10) a statement that the person may elect to proceed ????by:????????????(A) paying the fine; or????????????(B) challenging the charge in court, by mail, or by ????????administrative hearing; and????????(11) a website address, accessible through the ????Internet, where the person may view the recorded images of ????the violation.????(f) If a person charged with a traffic violation, as a result of an automated traffic law enforcement system under this Section, does not pay the fine or successfully contest the civil penalty resulting from that violation, the Secretary of State shall suspend the driving privileges of the registered owner of the vehicle under Section 6-306.5 of this Code for failing to pay any fine or penalty due and owing as a result of a combination of 5 violations of the automated traffic law enforcement system or the automated speed enforcement system under Section 11-208.8 of this Code.????(g) Based on inspection of recorded images produced by an automated traffic law enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under this Section.????(h) Recorded images made by an automated traffic law enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation.????(i) The court or hearing officer may consider in defense of a violation: ????????(1) that the motor vehicle or registration plates of ????the motor vehicle were stolen before the violation occurred ????and not under the control of or in the possession of the ????owner at the time of the violation;????????(2) that the driver of the motor vehicle received a ????Uniform Traffic Citation from a police officer for a ????violation of Section 11-1414 of this Code within one-eighth ????of a mile and 15 minutes of the violation that was recorded ????by the system; ????????(3) that the visual signals required by Sections 12-803 ????and 12-805 of this Code were damaged, not activated, not ????present in violation of Sections 12-803 and 12-805, or ????inoperable; and????????(4) any other evidence or issues provided by municipal ????or county ordinance.????(j) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.????(k) Unless the driver of the motor vehicle received a Uniform Traffic Citation from a police officer at the time of the violation, the motor vehicle owner is subject to a civil penalty not exceeding $150 for a first time violation or $500 for a second or subsequent violation, plus an additional penalty of not more than $100 for failure to pay the original penalty in a timely manner, if the motor vehicle is recorded by an automated traffic law enforcement system. A violation for which a civil penalty is imposed under this Section is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle, but may be recorded by the municipality or county for the purpose of determining if a person is subject to the higher fine for a second or subsequent offense.????(l) A school bus equipped with an automated traffic law enforcement system must be posted with a sign indicating that the school bus is being monitored by an automated traffic law enforcement system.????(m) A municipality or county that has one or more school buses equipped with an automated traffic law enforcement system must provide notice to drivers by posting a list of school districts using school buses equipped with an automated traffic law enforcement system on the municipality or county website. School districts that have one or more school buses equipped with an automated traffic law enforcement system must provide notice to drivers by posting that information on their websites.????(n) A municipality or county operating an automated traffic law enforcement system shall conduct a statistical analysis to assess the safety impact in each school district using school buses equipped with an automated traffic law enforcement system following installation of the system. The statistical analysis shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact. The statistical analysis shall be consistent with professional judgment and acceptable industry practice. The statistical analysis also shall be consistent with the data required for valid comparisons of before and after conditions and shall be conducted within a reasonable period following the installation of the automated traffic law enforcement system. The statistical analysis required by this subsection shall be made available to the public and shall be published on the website of the municipality or county. If the statistical analysis for the 36-month period following installation of the system indicates that there has been an increase in the rate of accidents at the approach to school buses monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the accidents, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the accidents involving school buses equipped with an automated traffic law enforcement system.????(o) The compensation paid for an automated traffic law enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of traffic citations issued or the revenue generated by the system.????(p) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated speed or traffic law enforcement system violation involving such motor vehicle during the period of the lease; provided that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee. The drivers license number of a lessee may be subsequently individually requested by the appropriate authority if needed for enforcement of this Section. ????Upon the provision of information by the lessor pursuant to this subsection, the county or municipality may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation. ????(q) A municipality or county shall make a certified report to the Secretary of State pursuant to Section 6-306.5 of this Code whenever a registered owner of a vehicle has failed to pay any fine or penalty due and owing as a result of a combination of 5 offenses for automated traffic law or speed enforcement system violations.????(r) After a municipality or county enacts an ordinance providing for automated traffic law enforcement systems under this Section, each school district within that municipality or county's jurisdiction may implement an automated traffic law enforcement system under this Section. The elected school board for that district must approve the implementation of an automated traffic law enforcement system. The school district shall be responsible for entering into a contract, approved by the elected school board of that district, with vendors for the installation, maintenance, and operation of the automated traffic law enforcement system. The school district must enter into an intergovernmental agreement, approved by the elected school board of that district, with the municipality or county with jurisdiction over that school district for the administration of the automated traffic law enforcement system. The proceeds from a school district's automated traffic law enforcement system's fines shall be divided equally between the school district and the municipality or county administering the automated traffic law enforcement system.RECKLESS DRIVINGPublic Act 98-0518 Effective Date: (SB2154)August 22, 2013(625 ILCS 5/11-208.7)????Sec. 11-208.7. Administrative fees and procedures for impounding vehicles for specified violations.?(b) Any ordinance establishing procedures for the release of properly impounded vehicles under this Section may impose fees for the following violations:?? (13) operation or use of a motor vehicle in violation ????of Section 11-503 of this Code: ???????????? (A) while the vehicle is part of a funeral ????????procession; or ???????????? (B) in a manner that interferes with a funeral ????????procession. MOTORCYCLE ROAD GUARDSPublic Act 98-0396 Effective Date: (HB1539)January 1, 2014(625 ILCS 5/11-203)??(from Ch. 95 1/2, par. 11-203) ????Sec. 11-203. Obedience to police officers. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer, fireman, person authorized by a local authority to direct traffic, or school crossing guard invested by law with authority to direct, control, or regulate traffic. Any person convicted of violating this Section is guilty of a petty offense and shall be subject to a mandatory fine of $150. ? (625 ILCS 5/11-208) ??(from Ch. 95 1/2, par. 11-208) ????Sec. 11-208. Powers of local authorities. ????(a) The provisions of this Code shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from: ????????1. Regulating the standing or parking of vehicles, ????except as limited by Sections 11-1306 and 11-1307 of this ????Act; ????????2. Regulating traffic by means of police officers or ????traffic control signals; ????????3. Regulating or prohibiting processions or ????assemblages on the highways; and certifying persons to ????control traffic for processions or assemblages; BLOOD TEST REIMBURSEMENTPublic Act 98-0292 Effective Date: (SB1849)January 1, 2014(625 ILCS 5/11-501.01) ????Sec. 11-501.01. Additional administrative sanctions.(j) A person that is subject to a chemical test or tests of blood under subsection (a) of Section 11-501.1 or subdivision (c)(2) of Section 11-501.2 of this Code, whether or not that person consents to testing, shall be liable for the expense up to $500 for blood withdrawal by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice nurse, a registered nurse, a trained phlebotomist, a certified paramedic, or a qualified person other than a police officer approved by the Department of State Police to withdraw blood, who responds, whether at a law enforcement facility or a health care facility, to a police department request for the drawing of blood based upon refusal of the person to submit to a lawfully requested breath test or probable cause exists to believe the test would disclose the ingestion, consumption, or use of drugs or intoxicating compounds if:????????(1) the person is found guilty of violating Section ????11-501 of this Code or a similar provision of a local ????ordinance; or????????(2) the person pleads guilty to or stipulates to facts ????supporting a violation of Section 11-503 of this Code or a ????similar provision of a local ordinance when the plea or ????stipulation was the result of a plea agreement in which the ????person was originally charged with violating Section ????11-501 of this Code or a similar local ordinance.TRANSPORTATION-TECH (CONSTRUCTION ZONES) Public Act 98-0337 Effective Date: (HB1814)January 1, 2014(625 ILCS 5/11-605.1)????Sec. 11-605.1. Special limit while traveling through a highway construction or maintenance speed zone.????(a) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are present. ????(a-5) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are not present. (g) For a second or subsequent violation of this Section within 2 years of the date of the previous violation, the Secretary of State shall suspend the driver's license of the violator for a period of 90 days. This suspension shall only be imposed if the current violation of this Section and at least one prior violation of this Section occurred during a period when workers were present in the construction or maintenance zone. AGGRAVATED DEVICE USEPublic Act 98-0507 Effective Date: (HB2585)January 1, 2014(625 ILCS 5/12-604.1)????Sec. 12-604.1. Video devices.????(a) A person may not operate a motor vehicle if a television receiver, a video monitor, a television or video screen, or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications is operating and is located in the motor vehicle at any point forward of the back of the driver's seat, or is operating and visible to the driver while driving the motor vehicle. ????(a-5) A person commits aggravated use of a video device when he or she violates subsection (a) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. ? (e) Except as provided in subsection (f) of this Section, a A person convicted of violating this Section is guilty of a petty offense and shall be fined not more than $100 for a first offense, not more than $200 for a second offense within one year of a previous conviction, and not more than $250 for a third or subsequent offense within one year of 2 previous convictions. ????(f) A person convicted of violating subsection (a-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (a-5) commits a Class 4 felony if the violation resulted in the death of another person. ?(625 ILCS 5/12-610.1)??? Sec. 12-610.1. Wireless telephones. ?(b) A person under the age of 19 years who holds an instruction permit issued under Section 6-105 or 6-107.1, or a person under the age of 19 years who holds a graduated license issued under Section 6-107, may not drive a vehicle on a roadway while using a wireless phone. ? (b-5) A person under the age of 19 commits aggravated use of a wireless telephone when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (e-5) A person commits aggravated use of a wireless telephone when he or she violates subsection (e) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. ????(f) A person convicted of violating subsection (b-5) or (e-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) or (e-5) commits a Class 4 felony if the violation resulted in the death of another person. (625 ILCS 5/12-610.2)????Sec. 12-610.2. Electronic communication devices.????(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.????(b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. ? (e) A person convicted of violating subsection (b-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) commits a Class 4 felony if the violation resulted in the death of another person. VEH CD - BICYCLE OVERTAKINGPublic Act 98-0485 Effective Date: (HB3367)January 1, 2014(625 ILCS 5/11-704)??(from Ch. 95 1/2, par. 11-704) ????Sec. 11-704. When overtaking on the right is permitted. (a) The driver of a vehicle with 3 or more wheels may overtake and pass upon the right of another vehicle only under the following conditions: ????1. When the vehicle overtaken is making or about to make a left turn; ????2. Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle. ????3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for 2 or more lines of moving vehicles. ????(b) The driver of a 2 wheeled vehicle may not pass upon the right of any other vehicle proceeding in the same direction unless the unobstructed pavement to the right of the vehicle being passed is of a width of not less than 8 feet. This subsection does not apply to devices propelled by human power. ????(c) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway. VEH CD-COMMUNICATION DEVICESPublic Act 98-0506 Effective Date: (HB1247)January 1, 2014(625 ILCS 5/12-610.2)????Sec. 12-610.2. Electronic communication devices.????(a) As used in this Section:????"Electronic communication device" means an electronic device, including but not limited to a hand-held wireless telephone, hand-held personal digital assistant, or a portable or mobile computer while being used for the purpose of composing, reading, or sending an electronic message, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.????"Electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. "Electronic message" includes, but is not limited to electronic mail, a text message, an instant message, a digital photograph, a video, or a command or request to access an Internet site.????(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.????(c) A second or subsequent violation of this Section is an offense against traffic regulations governing the movement of vehicles. A person who violates this Section shall be fined a maximum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense. ????(d) This Section does not apply to:????????(1) a law enforcement officer or operator of an ????emergency vehicle while performing his or her official ????duties;????????(2) a driver using an electronic communication device ????for the sole purpose of reporting an emergency situation ????and continued communication with emergency personnel ????during the emergency situation;????????(3) a driver using an electronic communication device ????in hands-free or voice-operated mode, which may include the ????use of a headset;????????(4) a driver of a commercial motor vehicle reading a ????message displayed on a permanently installed communication ????device designed for a commercial motor vehicle with a ????screen that does not exceed 10 inches tall by 10 inches ????wide in size; ????????(5) a driver using an electronic communication device ????while parked on the shoulder of a roadway; or????????(6) a driver using an electronic communication device ????when the vehicle is stopped due to normal traffic being ????obstructed and the driver has the motor vehicle ????transmission in neutral or park; . ????????(7) a driver using two-way or citizens band radio ????services; ????????(8) a driver using two-way mobile radio transmitters or ????receivers for licensees of the Federal Communications ????Commission in the amateur radio service; ????????(9) a driver using an electronic communication device ????by pressing a single button to initiate or terminate a ????voice communication; or ????????(10) a driver using an electronic communication device ????capable of performing multiple functions, other than a ????hand-held wireless telephone or hand-held personal digital ????assistant (for example, a fleet management system, ????dispatching device, citizens band radio, or music player) ????for a purpose that is not otherwise prohibited by this ????Section. PEACE OFFICER ID CARDSPublic Act 98-0323 Effective Date: (SB1693)January 1, 2014(15 ILCS 335/4)??(from Ch. 124, par. 24) ????Sec. 4. Identification Card.(a-10) If the applicant is a judicial officer as defined in Section 1-10 of the Judicial Privacy Act or a peace officer, the applicant may elect to have his or her office or work address listed on the card instead of the applicant's residence or mailing address. The Secretary may promulgate rules to implement this provision. For the purposes of this subsection (a-10), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations. ??? ?(b) The Secretary of State shall issue a special Illinois Identification Card, which shall be known as an Illinois Person with a Disability Identification Card, to any natural person who is a resident of the State of Illinois, who is a person with a disability as defined in Section 4A of this Act, who applies for such card, or renewal thereof. No Illinois Person with a Disability Identification Card shall be issued to any person who holds a valid foreign state identification card, license, or permit unless the person first surrenders to the Secretary of State the valid foreign state identification card, license, or permit. The Secretary of State shall charge no fee to issue such card. The card shall be prepared and supplied by the Secretary of State, and shall include a photograph and signature or mark of the applicant, a designation indicating that the card is an Illinois Person with a Disability Identification Card, and shall include a comprehensible designation of the type and classification of the applicant's disability as set out in Section 4A of this Act. However, the Secretary of State may provide by rule for the issuance of Illinois Disabled Person with a Disability Identification Cards without photographs if the applicant has a bona fide religious objection to being photographed or to the display of his or her photograph. If the applicant so requests, the card shall include a description of the applicant's disability and any information about the applicant's disability or medical history which the Secretary determines would be helpful to the applicant in securing emergency medical care. If a mark is used in lieu of a signature, such mark shall be affixed to the card in the presence of two witnesses who attest to the authenticity of the mark. The Illinois Person with a Disability Identification Card may be used for identification purposes in any lawful situation by the person to whom it was issued. ????The Illinois Person with a Disability Identification Card may be used as adequate documentation of disability in lieu of a physician's determination of disability, a determination of disability from a physician assistant who has been delegated the authority to make this determination by his or her supervising physician, a determination of disability from an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make this determination, or any other documentation of disability whenever any State law requires that a disabled person provide such documentation of disability, however an Illinois Person with a Disability Identification Card shall not qualify the cardholder to participate in any program or to receive any benefit which is not available to all persons with like disabilities. Notwithstanding any other provisions of law, an Illinois Person with a Disability Identification Card, or evidence that the Secretary of State has issued an Illinois Person with a Disability Identification Card, shall not be used by any person other than the person named on such card to prove that the person named on such card is a disabled person or for any other purpose unless the card is used for the benefit of the person named on such card, and the person named on such card consents to such use at the time the card is so used. ????An optometrist's determination of a visual disability under Section 4A of this Act is acceptable as documentation for the purpose of issuing an Illinois Person with a Disability Identification Card. ????When medical information is contained on an Illinois Person with a Disability Identification Card, the Office of the Secretary of State shall not be liable for any actions taken based upon that medical information. (c-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including healthcare, education assistance, and job placement. To assist the State in identifying these veterans and delivering these vital services and benefits, the Secretary of State is authorized to issue Illinois Identification Cards and Illinois Disabled Person with a Disability Identification Cards with the word "veteran" appearing on the face of the cards. This authorization is predicated on the unique status of veterans. The Secretary may not issue any other identification card which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the identification card holder which is unrelated to the purpose of the identification card. ????(15 ILCS 335/5)??(from Ch. 124, par. 25) ????Sec. 5. Applications. ????(a) Any natural person who is a resident of the State of Illinois, may file an application for an identification card, or for the renewal thereof, in a manner prescribed by the Secretary. Each original application shall be completed by the applicant in full and shall set forth the legal name, residence address and zip code, social security number, birth date, sex and a brief description of the applicant. The applicant shall be photographed, unless the Secretary of State has provided by rule for the issuance of identification cards without photographs and the applicant is deemed eligible for an identification card without a photograph under the terms and conditions imposed by the Secretary of State, and he or she shall also submit any other information as the Secretary may deem necessary or such documentation as the Secretary may require to determine the identity of the applicant. In addition to the residence address, the Secretary may allow the applicant to provide a mailing address. If the applicant is a judicial officer as defined in Section 1-10 of the Judicial Privacy Act or a peace officer, the applicant may elect to have his or her office or work address in lieu of the applicant's residence or mailing address. An applicant for an Illinois Person with a Disability Identification Card must also submit with each original or renewal application, on forms prescribed by the Secretary, such documentation as the Secretary may require, establishing that the applicant is a "person with a disability" as defined in Section 4A of this Act, and setting forth the applicant's type and class of disability as set forth in Section 4A of this Act. For the purposes of this subsection (a), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations. (625 ILCS 5/6-106)??(from Ch. 95 1/2, par. 6-106) ????Sec. 6-106. Application for license or instruction permit.?(b) Every application shall state the legal name, social security number, zip code, date of birth, sex, and residence address of the applicant; briefly describe the applicant; state whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been cancelled, suspended, revoked or refused, and, if so, the date and reason for such cancellation, suspension, revocation or refusal; shall includean affirmation by the applicant that all information set forth is true and correct; and shall bear the applicant's signature. In addition to the residence address, the Secretary may allow the applicant to provide a mailing address. In the case of an applicant who is a judicial officer or peace officer, the Secretary may allow the applicant to provide an office or work address in lieu of a residence or mailing address. The application form may also require the statement of such additional relevant information as the Secretary of State shall deem necessary to determine the applicant's competency and eligibility. The Secretary of State may, in his discretion, by rule or regulation, provide that an application for a drivers license or permit may include a suitable photograph of the applicant in the form prescribed by the Secretary, and he may further provide that each drivers license shall include a photograph of the driver. The Secretary of State may utilize a photograph process or system most suitable to deter alteration or improper reproduction of a drivers license and to prevent substitution of another photo thereon. For the purposes of this subsection (b), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations.(625 ILCS 5/6-110)??(from Ch. 95 1/2, par. 6-110) ????Sec. 6-110. Licenses issued to drivers.?(a-5) If an applicant for a driver's license is a judicial officer or a peace officer, the applicant may elect to have his or her office or work address listed on the license instead of the applicant's residence or mailing address. The Secretary of State shall adopt rules to implement this subsection (a-5). For the purposes of this subsection (a-5), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations. ?(e-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on each original or renewal driver's license where, at the request of the applicant, the word "veteran" shall be placed. The veteran designation shall be available to a person identified as a veteran under subsection (e) of Section paragraph 6-106 of this Code Chapter who was discharged or separated under honorable conditions.GRADUATED DRIVER'S LICENSEPublic Act 98-0168 Effective Date: (HB1009)January 1, 2014AN ACT concerning transportation, which may be referred to as "Kelsey's Law". ?? (625 ILCS 5/6-107)??(from Ch. 95 1/2, par. 6-107) ????Sec. 6-107. Graduated license. (i) No graduated driver's license shall be issued to any applicant under the age of 18 years if the applicant has been issued a traffic citation for which a disposition has not been rendered at the time of application.(625 ILCS 5/6-108)??(from Ch. 95 1/2, par. 6-108) ????Sec. 6-108. Cancellation of license issued to minor. ????(a) The Secretary of State shall cancel the license or permit of any minor under the age of 18 years in any of the following events:?5. Upon determination by the Secretary that at the time ????of license issuance, the minor held an instruction permit ????and had a traffic citation for which a disposition had not ????been rendered.(625 ILCS 5/6-301.3) ????Sec. 6-301.3. Invalidation of a driver's license or permit. ???? (a) The Secretary of State may invalidate a driver's license or permit:(c) If a driver is issued a citation for any violation of this Code or a similar local ordinance and the violation is the proximate cause of the death or Type A injury of another, the prosecuting authority may ask the court to enter an order invalidating the driver's license or permit under paragraph (2) of subsection (a) of this Section. For purposes of this Section, Type A injury has the meaning ascribed in Section 6-108.1 of this Code. ACCIDENTS WHILE LICENSE SUSPPublic Act 98-0285 Effective Date: (SB1735)January 1, 2014(625 ILCS 5/6-303)??(from Ch. 95 1/2, par. 6-303) ????Sec. 6-303. Driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked. ????(a) Except as otherwise provided in subsection (a-5), any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended as provided by this Code or the law of another state, except as may be specifically allowed by a judicial driving permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor. ????(a-3) A second or subsequent violation of subsection (a) of this Section is a Class 4 felony if committed by a person whose driving or operation of a motor vehicle is the proximate cause of a motor vehicle accident that causes personal injury or death to another. For purposes of this subsection, a personal injury includes any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. VEH CD-TOW VEHICLES-LIGHTSPublic Act 98-0080 Effective Date: (SB0922)July 15, 2013(625 ILCS 5/12-215)??(from Ch. 95 1/2, par. 12-215) ????Sec. 12-215. Oscillating, rotating or flashing lights on motor vehicles. Except as otherwise provided in this Code:?(b) The use of amber oscillating, rotating or flashing lights, whether lighted or unlighted, is prohibited except on: ????????1. Second division vehicles designed and used for ????towing or hoisting vehicles; furthermore, such lights ????shall not be lighted except as required in this paragraph ????1; such lights shall be lighted when such vehicles are ????actually being used at the scene of an accident or ????disablement; if the towing vehicle is equipped with a flat ????bed that supports all wheels of the vehicle being ????transported, the lights shall not be lighted while the ????vehicle is engaged in towing on a highway; if the towing ????vehicle is not equipped with a flat bed that supports all ????wheels of a vehicle being transported, the lights shall be ????lighted while the towing vehicle is engaged in towing on a ????highway during all times when the use of headlights is ????required under Section 12-201 of this Code; in addition, ????these vehicles may use white oscillating, rotating, or ????flashing lights in combination with amber oscillating, ????rotating, or flashing lights as provided in this paragraph; ?(c-2) In addition to the blue oscillating, rotating, or flashing lights permitted under subsection (c), and notwithstanding subsection (a), a vehicle operated by a paid or unpaid member of a local or county emergency management services agency as defined in the Illinois Emergency Management Agency Act, may be equipped with white oscillating, rotating, or flashing lights to be used in combination with blue oscillating, rotating, or flashing lights, if authorization by local authorities is in writing and carried in the vehicle. ????(d) The use of a combination of amber and white oscillating, rotating or flashing lights, whether lighted or unlighted, is prohibited except on second division vehicles designed and used for towing or hoisting vehicles or motor vehicles or equipment of the State of Illinois, local authorities, contractors, and union representatives may be so equipped; furthermore, such lights shall not be lighted on second division vehicles designed and used for towing or hoisting vehicles or vehicles of the State of Illinois, local authorities, and contractors except while such vehicles are engaged in a tow operation, highway maintenance, or construction operations within the limits of highway construction projects, and shall not be lighted on the vehicles of union representatives except when those vehicles are within the limits of a construction project. WINDOW TINTSPublic Act 98-0153 Effective Date: (SB1524)January 1, 2014(625 ILCS 5/12-503)??(from Ch. 95 1/2, par. 12-503) ????Sec. 12-503. Windshields must be unobstructed and equipped with wipers. (m) A home rule unit may not regulate motor vehicles in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.VEH CD-SEAT BELTS-EXCEPTIONSPublic Act 98-0541 Effective Date: (HB2776)August 16, 2013(625 ILCS 5/12-603.1)??(from Ch. 95 1/2, par. 12-603.1) ????Sec. 12-603.1. Driver and passenger required to use safety belts, exceptions and penalty. (b) Paragraph (a) shall not apply to any of the following: ????????1. A driver or passenger frequently stopping and ????leaving the vehicle or delivering property from the ????vehicle, if the speed of the vehicle between stops does not ????exceed 15 miles per hour. ????????2. A driver or passenger possessing a written statement ????from a physician that such person is unable, for medical or ????physical reasons, to wear a seat safety belt. ????????3. A driver or passenger possessing an official ????certificate or license endorsement issued by the ????appropriate agency in another state or country indicating ????that the driver is unable for medical, physical, or other ????valid reasons to wear a seat safety belt. ????????4. A driver operating a motor vehicle in reverse. ????????5. A motor vehicle with a model year prior to 1965. ????????6. A motorcycle or motor driven cycle. ????????7. A moped. ????????8. A motor vehicle which is not required to be equipped ????with seat safety belts under federal law. ????????9. A motor vehicle operated by a rural letter carrier ????of the United States postal service while performing duties ????as a rural letter carrier. ????????10. A driver or passenger of an authorized emergency ????vehicle, except this exception does not apply to vehicles ????of the fire department; vehicles of the Office of the State ????Fire Marshal; or ambulances, unless the delivery of ????life-saving measures prohibits the use of a seat safety ????belt. VEH CD - REMOVING POLICE MARKSPublic Act 98-0468 Effective Date: (HB3054)August 16, 2013(625 ILCS 5/1-105)??(from Ch. 95 1/2, par. 1-105) ????Sec. 1-105. Authorized emergency vehicle. Emergency vehicles of municipal departments or public service corporations as are designated or authorized by proper local authorities; police vehicles; vehicles of the fire department; vehicles of a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code; ambulances; vehicles of the Illinois Department of Corrections; vehicles of the Illinois Department of Juvenile Justice; vehicles of the Illinois Emergency Management Agency; vehicles of the Office of the Illinois State Fire Marshal; mine rescue and explosives emergency response vehicles of the Department of Natural Resources; vehicles of the Illinois Department of Public Health; and vehicles of a municipal or county emergency services and disaster agency, as defined by the Illinois Emergency Management Agency Act. (625 ILCS 5/12-215)??(from Ch. 95 1/2, par. 12-215) ???? ????Sec. 12-215. Oscillating, rotating or flashing lights on motor vehicles. Except as otherwise provided in this Code: ????(a) The use of red or white oscillating, rotating or flashing lights, whether lighted or unlighted, is prohibited except on:?6. Vehicles of the Illinois Emergency Management ????Agency, vehicles of the Office of the Illinois State Fire ????Marshal, vehicles of the Illinois Department of Public ????Health, and vehicles of the Illinois Department of ????Corrections, and vehicles of the Illinois Department of ????Juvenile Justice Nuclear Safety; (b) The use of amber oscillating, rotating or flashing lights, whether lighted or unlighted, is prohibited except on:?13. Vehicles used by a security company, alarm ????responder, or control agency, or the Illinois Department of ????Corrections; (c) The use of blue oscillating, rotating or flashing lights, whether lighted or unlighted, is prohibited except on: ????????7. Vehicles of the Illinois Emergency Management ????Agency, vehicles of the Office of the Illinois State Fire ????Marshal, vehicles of the Illinois Department of Public ????Health, and vehicles of the Illinois Department of ????Corrections, and vehicles of the Illinois Department of ????Juvenile Justice Nuclear Safety, when used in combination ????with red oscillating, rotating, or flashing lights. (625 ILCS 5/12-215.1 new)????Sec. 12-215.1. Possession of oscillating, rotating, or flashing lights in motor vehicles; police equipment, markings, and other indicia of emergency vehicle authority.????(a) A person, except those given exceptions in Section 12-215 or 12-609 of this Code, may not possess or be in actual physical control of oscillating, rotating, or flashing lights or other indicia of emergency vehicle authority within any portion of a motor vehicle, including but not limited to wig-wags, red and blue LEDs, sirens, mounted or affixed devices or other equipment, markings or indicia of emergency vehicle authority.????(b) A person found guilty of violating this Section is guilty of a Class A misdemeanor. ????(c) Oscillating, rotating, or flashing lights and any other equipment, markings, or indicia of emergency vehicle authority shall be seized by the law enforcement officer at the time of a violation of this Section or of Section 12-215 or 12-609 of this Code upon any legal search. The officer may seize the vehicle containing the prohibited device or mechanism, and this device or mechanism shall be removed and held for evidentiary purposes. When the device or mechanism is no longer needed for evidence, the defendant may petition the court for the return of the device or mechanism. The defendant must prove to the court by a preponderance of the evidence that the device or mechanism will be used for a legitimate and lawful purpose. VEH CD-SPEED LIMITS-70 MPHPublic Act 98-0511 Effective Date: (SB2356)January 1, 2014(625 ILCS 5/1-187.001) ????Sec. 1-187.001. Serious traffic violation. ????(a) A conviction when operating a motor vehicle for: ? (6) a violation relating to excessive speeding, ????involving a single speeding charge of 26 30 miles per hour ????or more above the legal speed limit;(625 ILCS 5/11-601)??(from Ch. 95 1/2, par. 11-601) ????Sec. 11-601. General speed restrictions. (d) Unless some other speed restriction is established under this Chapter, the maximum speed limit outside an urban district for any vehicle is (1) 65 miles per hour (i) for all highways under the jurisdiction of the Illinois State Toll Highway Authority, unless some other speed limit is designated, and (ii) for all or part of highways that are designated by the Department, have at least 4 lanes of traffic, and have a separation between the roadways moving in opposite directions and (2) 55 miles per hour for all other highways, roads, and streets. ????(d-1) Unless some other speed restriction is established under this Chapter, the maximum speed limit outside an urban district for any vehicle is (1) 70 miles per hour on any interstate highway as defined by Section 1-133.1 of this Code; (2) 65 miles per hour for all or part of highways that are designated by the Department, have at least 4 lanes of traffic, and have a separation between the roadways moving in opposite directions; and (3) 55 miles per hour for all other highways, roads, and streets. The counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will may adopt ordinances setting a maximum speed limit on highways, roads, and streets that is lower than the limits established by this Section. ????(e) In the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, unless some lesser speed restriction is established under this Chapter, the maximum speed limit outside an urban district for a second division vehicle designed or used for the carrying of a gross weight of 8,001 pounds or more (including the weight of the vehicle and maximum load) is 55 miles per hour. ????(e-1) (Blank). ????(f) Unless some other speed restriction is established under this Chapter, the maximum speed limit outside an urban district for a bus is: ????????1. 65 miles per hour upon any highway which has at ????least 4 lanes of traffic and of which the roadways for ????traffic moving in opposite directions are separated by a ????strip of ground which is not surfaced or suitable for ????vehicular traffic, except that the maximum speed limit for ????a bus on all highways, roads, or streets not under the ????jurisdiction of the Department or the Illinois State Toll ????Highway Authority is 55 miles per hour; and ????????1.5. 70 miles per hour upon any interstate highway as ????defined by Section 1-133.1 of this Code outside the ????counties of Cook, DuPage, Kane, Lake, McHenry, and Will; ????and ????????2. 55 miles per hour on any other highway. (625 ILCS 5/11-601.5) ????Sec. 11-601.5. Driving 26 31 miles per hour or more in excess of applicable limit. ????(a) A person who drives a vehicle upon any highway of this State at a speed that is 26 31 miles per hour or more but less than 35 40 miles per hour in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class B misdemeanor. ????(b) A person who drives a vehicle upon any highway of this State at a speed that is 35 40 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor. (625 ILCS 5/11-602)??(from Ch. 95 1/2, par. 11-602) ????Sec. 11-602. Alteration of limits by Department. Whenever the Department determines, upon the basis of an engineering and traffic investigation concerning any highway for which the Department has maintenance responsibility, that a maximum speed limit prescribed in Section 11-601 of this Chapter is greater or less than is reasonable or safe with respect to the conditions found to exist at any intersection or other place on such highway or along any part or zone thereof, the Department shall determine and declare a reasonable and safe absolute maximum speed limit applicable to such intersection or place, or along such part or zone. However, such limit shall conform with the maximum speed limit restrictions provided for in Section 11-601 of this Code not exceed 65 miles per hour on a highway or street which is especially designed for through traffic and to, from, or over which owners of or persons having an interest in abutting property or other persons have no right or easement, or only a limited right or easement, of access, crossing, light, air, or view, and shall not exceed 55 miles per hour on any other highway. Where a highway under the Department's jurisdiction is contiguous to school property, the Department may, at the school district's request, set a reduced maximum speed limit for student safety purposes in the portion of the highway that faces the school property and in the portions of the highway that extend one-quarter mile in each direction from the opposite ends of the school property. A limit determined and declared as provided in this Section becomes effective, and suspends the applicability of the limit prescribed in Section 11-601 of this Chapter, when appropriate signs giving notice of the limit are erected at such intersection or other place, or along such part or zone of the highway. Electronic speed-detecting devices shall not be used within 500 feet beyond any such sign in the direction of travel; if so used in violation hereof, evidence obtained thereby shall be inadmissible in any prosecution for speeding. However, nothing in this Section prohibits the use of such electronic speed-detecting devices within 500 feet of a sign within a special school speed zone indicating such zone, conforming to the requirements of Section 11-605 of this Act, nor shall evidence obtained thereby be inadmissible in any prosecution for speeding provided the use of such device shall apply only to the enforcement of the speed limit in such special school speed zone. (625 ILCS 5/11-603)??(from Ch. 95 1/2, par. 11-603) ????Sec. 11-603. Alteration of limits by Toll Highway Authority. Whenever the Illinois State Toll Highway Authority determines, upon the basis of an engineering and traffic investigation concerning a toll highway under its jurisdiction, that a maximum speed limit prescribed in Section 11-601 of this Chapter is greater or less than is reasonable or safe with respect to conditions found to exist at any place or along any part or zone of such highway, the Authority shall determine and declare by regulation a reasonable and safe absolute maximum speed limit at such place or along such part or zone, and the speed limit shall conform with the maximum speed limit restrictions provided for in Section 11-601 of this Code not exceeding 65 miles per hour. A limit so determined and declared becomes effective, and suspends the application of the limit prescribed in Section 11-601 of this Chapter, when (a) the Department concurs in writing with the Authority's regulation, and (b) appropriate signs giving notice of the limit are erected at such place or along such part or zone of the highway. Electronic speed-detecting devices shall not be used within 500 feet beyond any such sign in the direction of travel; if so used in violation hereof, evidence obtained thereby shall be inadmissible in any prosecution for speeding. MEDICAL CANNABISPublic Act 98-0122 Effective Date: (HB0001)January 1, 2014Statutes Amended Creates the Compassionate Use of Medical Cannabis Pilot Program Act. 10 ILCS 5/9-45 new30 ILCS 105/5.826 new35 ILCS 5/201from Ch. 120, par. 2-20135 ILCS 105/3-1035 ILCS 110/3-10from Ch. 120, par. 439.33-1035 ILCS 115/3-10from Ch. 120, par. 439.103-1035 ILCS 120/2-10625 ILCS 5/2-118.1from Ch. 95 1/2, par. 2-118.1625 ILCS 5/6-206625 ILCS 5/6-206.1from Ch. 95 1/2, par. 6-206.1625 ILCS 5/6-208.1from Ch. 95 1/2, par. 6-208.1625 ILCS 5/6-514from Ch. 95 1/2, par. 6-514625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501625 ILCS 5/11-501.1625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2625 ILCS 5/11-502.1 newSynopsisCreates the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person's primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person's primary caregiver to legally possess no more 2.5 ounces of usable cannabis during a 14-day period that is derived solely from an intrastate source. Creates the Compassionate Use of Medical Cannabis Fund in the State treasury to be used exclusively for the direct and indirect costs associated with the implementation, administration, and enforcement of the Act. Provides that funds in excess of the direct and indirect costs associated with the implementation, administration, and enforcement of the Act shall be used to fund crime prevention programs. Provides that a tax is imposed upon the privilege of cultivating medical cannabis at a rate of 7% of the sales price per ounce. Provides that the proceeds from this tax shall be deposited into the Compassionate Use of Medical Cannabis Fund created under the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Act is repealed 4 years after its effective date. Amends the Illinois Income Tax Act. Provides that for each of taxable years during the Compassionate Use of Medical Cannabis Pilot Program, a surcharge is imposed on all taxpayers on income arising from the sale or exchange of capital assets, depreciable business property, real property used in the trade or business, and Section 197 intangibles of an organization registrant under the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the amount of the surcharge is equal to the amount of federal income tax liability for the taxable year attributable to those sales and exchanges. Provides that this tax shall be paid by a medical cannabis cultivation center and is not the responsibility of a dispensary organization or a registered qualifying patient. Amends the Election Code. Provides that it is unlawful for any medical cannabis cultivation center or medical cannabis dispensary organization or any political action committee created by any medical cannabis cultivation center or dispensary organization to make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official. Provides that it is unlawful for any candidate, political committee, or other person to knowingly accept or receive any contribution prohibited by this provision. Provides that it is unlawful for any officer or agent of a medical cannabis cultivation center or dispensary organization to consent to any contribution or expenditure by the medical cannabis organization that is prohibited by this provision. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that "prescription and nonprescription medicines and drugs" includes medical cannabis purchased from a registered dispensing organization under the Compassionate Use of Medical Cannabis Pilot Program Act. Amends the Illinois Vehicle Code. Provides that the DUI provisions do not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis. Amends the State Finance Act. Creates the Compassionate Use of Medical Cannabis Fund in the State treasury. Provides that the provisions of the Act are severable. Provides that the Department of Public Health may waive the submission of a qualifying patient's complete fingerprints based on (1) the severity of the patient's illness and (2) the inability of the qualifying patient to obtain those fingerprints, provided that a complete criminal background check is conducted by the Department of State Police prior to the issuance of a registry identification card. Provides that debilitating condition includes residual limb pain.DNR: WATERCRAFT, OFFENSESPublic Act 98-0102 Effective Date: (SB1310)July 22, 2013(625 ILCS 45/5-4)??(from Ch. 95 1/2, par. 315-4) ????Sec. 5-4. Overloading. A. No motorboat may be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions. Water skiers, tubers, parasailers, or other persons towed by the motorboat shall be considered part of the total number of passengers and cargo allowed by a watercraft's capacity plate for the purpose of determining a motorboat's carrying capacity. (625 ILCS 45/5-22)????Sec. 5-22. Operation of watercraft upon the approach of an authorized emergency watercraft.????(a) As used in this Section, "authorized emergency watercraft" includes any watercraft operated by the Illinois Department of Natural Resources Police, the Illinois Department of State Police, a county sheriff, a local law enforcement agency, a fire department, a provider of emergency medical services, or the United States Coast Guard, equipped with alternately flashing red, blue, red and white, red and blue, or red in combination with white or blue lights, while engaged in official duties. Any authorized emergency watercraft must be clearly emblazoned with markings identifying it as a watercraft operated by the qualifying agency.(c) Upon approaching a stationary authorized emergency watercraft, when the authorized emergency watercraft is giving a signal by displaying rotating or alternately flashing red, blue, red and white, red and blue, or red in combination with white or blue lights, a person operating an approaching watercraft shall proceed with due caution at no-wake speed and yield the right-of-way by moving safely away from that authorized emergency watercraft, proceeding with due caution at a no-wake speed with due regard to safety and water conditions, maintaining no-wake speed until sufficiently away from the emergency watercraft so as not to create a wake that would otherwise rock or otherwise disturb the authorized emergency watercraft.(625 ILCS 45/11A-2)??(from Ch. 95 1/2, par. 321A-2) ????Sec. 11A-2. A. Any person who violates Section 3-11, 3A-3, 3A-13, 3A-14, or 3A-20 is guilty of a Class A misdemeanor. ????B. Any person who violates Section 3A-21 is guilty of a Class 2 felony. ?(625 ILCS 45/11A-3)??(from Ch. 95 1/2, par. 321A-3) ????Sec. 11A-3. Any person who violates any of the provisions of Section 5-1, 7-1, or 7-8 of this Act is guilty of a Class B misdemeanor. ????Any person who violates Section 5-2 of this Act is guilty of a Class A misdemeanor, except that aggravated reckless operation of a watercraft is a Class 4 felony. JUVENILE COURT ACT OF 1987 – 705 ILCSCD CORR-JUVENILE AFTERCAREPublic Act 98-0558 Effective Date: (SB1192)January 1, 201415 ILCS 335/4from Ch. 124, par. 2420 ILCS 301/40-1520 ILCS 505/34.2from Ch. 23, par. 5034.220 ILCS 515/2520 ILCS 3930/3from Ch. 38, par. 210-320 ILCS 4026/17210 ILCS 28/25210 ILCS 45/2-110from Ch. 111 1/2, par. 4152-110210 ILCS 47/2-110210 ILCS 48/2-110305 ILCS 5/12-10.4405 ILCS 82/20705 ILCS 405/5-105705 ILCS 405/5-750705 ILCS 405/5-815705 ILCS 405/5-820720 ILCS 5/11-9.2720 ILCS 5/31-1from Ch. 38, par. 31-1720 ILCS 5/31-6from Ch. 38, par. 31-6720 ILCS 5/31-7from Ch. 38, par. 31-7720 ILCS 5/31A-0.1720 ILCS 570/509from Ch. 56 1/2, par. 1509725 ILCS 5/102-3.5 new725 ILCS 5/102-16from Ch. 38, par. 102-16725 ILCS 5/103-5from Ch. 38, par. 103-5725 ILCS 5/110-5from Ch. 38, par. 110-5725 ILCS 5/110-6.1from Ch. 38, par. 110-6.1725 ILCS 5/110-6.3from Ch. 38, par. 110-6.3725 ILCS 5/112A-2from Ch. 38, par. 112A-2725 ILCS 5/112A-20from Ch. 38, par. 112A-20725 ILCS 5/112A-22from Ch. 38, par. 112A-22725 ILCS 5/112A-22.10725 ILCS 120/3from Ch. 38, par. 1403725 ILCS 120/4.5725 ILCS 120/5from Ch. 38, par. 1405725 ILCS 190/3from Ch. 38, par. 1453725 ILCS 207/15725 ILCS 207/30725 ILCS 207/40725 ILCS 225/22from Ch. 60, par. 39730 ILCS 5/3-1-2from Ch. 38, par. 1003-1-2730 ILCS 5/3-2-2from Ch. 38, par. 1003-2-2730 ILCS 5/3-2.5-20730 ILCS 5/3-2.5-65730 ILCS 5/3-2.5-70 new730 ILCS 5/3-2.5-75 new730 ILCS 5/3-2.5-80 new730 ILCS 5/3-3-1from Ch. 38, par. 1003-3-1730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2730 ILCS 5/3-3-3from Ch. 38, par. 1003-3-3730 ILCS 5/3-3-4from Ch. 38, par. 1003-3-4730 ILCS 5/3-3-5from Ch. 38, par. 1003-3-5730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7730 ILCS 5/3-3-8from Ch. 38, par. 1003-3-8730 ILCS 5/3-3-9from Ch. 38, par. 1003-3-9730 ILCS 5/3-3-10from Ch. 38, par. 1003-3-10730 ILCS 5/3-4-3from Ch. 38, par. 1003-4-3730 ILCS 5/3-5-1from Ch. 38, par. 1003-5-1730 ILCS 5/3-10-6from Ch. 38, par. 1003-10-6730 ILCS 5/5-1-1.1 new730 ILCS 5/5-1-16from Ch. 38, par. 1005-1-16 730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3730 ILCS 5/5-8A-3from Ch. 38, par. 1005-8A-3730 ILCS 5/5-8A-5from Ch. 38, par. 1005-8A-5730 ILCS 5/5-8A-7730 ILCS 105/5from Ch. 38, par. 1655730 ILCS 105/10from Ch. 38, par. 1660730 ILCS 105/15from Ch. 38, par. 1665730 ILCS 105/20from Ch. 38, par. 1670730 ILCS 105/35from Ch. 38, par. 1685730 ILCS 150/3730 ILCS 150/4from Ch. 38, par. 224730 ILCS 150/8-5730 ILCS 154/15730 ILCS 154/50740 ILCS 21/20740 ILCS 21/115740 ILCS 21/117740 ILCS 22/202740 ILCS 22/216740 ILCS 22/218740 ILCS 22/218.1740 ILCS 147/30745 ILCS 10/4-106from Ch. 85, par. 4-106750 ILCS 60/202from Ch. 40, par. 2312-2750 ILCS 60/220from Ch. 40, par. 2312-20750 ILCS 60/222from Ch. 40, par. 2312-22750 ILCS 60/222.10820 ILCS 315/2from Ch. 48, par. 282SynopsisAmends the Unified Code of Corrections. Provides that to assist youth committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 with successful reintegration into society, the Department shall retain custody and control of all adjudicated delinquent juveniles re-released after their parole or mandatory supervised release has been revoked, shall provide a continuum of post-release treatment and services to those youth, and shall supervise those youth during their release period in accordance with the conditions set by the Prisoner Review Board. Provides that the Department of Juvenile Justice shall implement an aftercare program for released delinquents. Establishes the conditions of the release. Provides that the Prisoner Review Board has the authority for hearing and deciding the time of aftercare release for persons adjudicated delinquent under the Juvenile Court Act of 1987. Changes juvenile parole to aftercare release. Provides that the supervising officer is an aftercare specialist. Amends various other Acts to make conforming changes.RECORD FEES:POLICE OPERATIONSPublic Act 98-0375 Effective Date: (HB0984)August 16, 2013? (705 ILCS 105/27.3a) ????Sec. 27.3a. Fees for automated record keeping, probation and court services operations, and State and Conservation Police operations. ????1. The expense of establishing and maintaining automated record keeping systems in the offices of the clerks of the circuit court shall be borne by the county. To defray such expense in any county having established such an automated system or which elects to establish such a system, the county board may require the clerk of the circuit court in their county to charge and collect a court automation fee of not less than $1 nor more than $15 to be charged and collected by the clerk of the court. Such fee shall be paid at the time of filing the first pleading, paper or other appearance filed by each party in all civil cases or by the defendant in any felony, traffic, misdemeanor, municipal ordinance, or conservation case upon a judgment of guilty or grant of supervision, provided that the record keeping system which processes the case category for which the fee is charged is automated or has been approved for automation by the county board, and provided further that no additional fee shall be required if more than one party is presented in a single pleading, paper or other appearance. Such fee shall be collected in the manner in which all other fees or costs are collected. ????1.1. Starting on July 6, 2012 (the effective date of Public Act 97-761) this amendatory Act of the 97th General Assembly and pursuant to an administrative order from the chief judge of the circuit or the presiding judge of the county authorizing such collection, a clerk of the circuit court in any county that imposes a fee pursuant to subsection 1 of this Section shall also charge and collect an additional $10 operations fee for probation and court services department operations.????This additional fee shall be paid by the defendant in any felony, traffic, misdemeanor, local ordinance, or conservation case upon a judgment of guilty or grant of supervision, except such $10 operations fee shall not be charged and collected in cases governed by Supreme Court Rule 529 in which the bail amount is $120 or less. ????1.2. With respect to the fee imposed and collected under subsection 1.1 of this Section, each clerk shall transfer all fees monthly to the county treasurer for deposit into the probation and court services fund created under Section 15.1 of the Probation and Probation Officers Act, and such monies shallbe disbursed from the fund only at the direction of the chief judge of the circuit or another judge designated by the Chief Circuit Judge in accordance with the policies and guidelines approved by the Supreme Court. ????1.5. Starting on the effective date of this amendatory Act of the 96th General Assembly, a clerk of the circuit court in any county that imposes a fee pursuant to subsection 1 of this Section, shall charge and collect an additional fee in an amount equal to the amount of the fee imposed pursuant to subsection 1 of this Section. This additional fee shall be paid by the defendant in any felony, traffic, misdemeanor, or local ordinance case upon a judgment of guilty or grant of supervision. This fee shall not be paid by the defendant for any conservation violation listed in subsection 1.6 of this Section.????1.6. Starting on July 1, 2012 (the effective date of Public Act 97-46), a clerk of the circuit court in any county that imposes a fee pursuant to subsection 1 of this Section shall charge and collect an additional fee in an amount equal to the amount of the fee imposed pursuant to subsection 1 of this Section. This additional fee shall be paid by the defendant upon a judgment of guilty or grant of supervision for a conservation violation under the State Parks Act, the Recreational Trails of Illinois Act, the Illinois Explosives Act, the Timber Buyers Licensing Act, the Forest Products Transportation Act, the Firearm Owners Identification Card Act, the Environmental Protection Act, the Fish and Aquatic Life Code, the Wildlife Code, the Cave Protection Act, the Illinois Exotic Weed Act, the Illinois Forestry Development Act, the Ginseng Harvesting Act, the Illinois Lake Management Program Act, the Illinois Natural Areas Preservation Act, the Illinois Open Land Trust Act, the Open Space Lands Acquisition and Development Act, the Illinois Prescribed Burning Act, the State Forest Act, the Water Use Act of 1983, the Illinois Veteran, Youth, and Young Adult Conservation Jobs Act, the Snowmobile Registration and Safety Act, the Boat Registration and Safety Act, the Illinois Dangerous Animals Act, the Hunter and Fishermen Interference Prohibition Act, the Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle Code, or Section 48-3 or 48-10 of the Criminal Code of 1961.JUV CT-CONFIDENTIALITYPublic Act 98-0552 Effective Date: (SB1923)August 27, 2013(705 ILCS 405/1-8)??(from Ch. 37, par. 801-8) ????Sec. 1-8. Confidentiality and accessibility of juvenile court records.(C) Except as otherwise provided in this subsection (C), juvenile court records shall not be made available to the general public. Subject to the limitations in paragraphs (0.1) through (0.4) of this subsection (C), the judge presiding over a juvenile court proceeding brought under this Act, in his or her discretion, may order that juvenile court records of an individual case be made available for inspection upon request by a representative of an agency, association, or news media entity or by a properly interested person. For purposes of inspecting documents under this subsection (C), a civil subpoena is not an order of the court. but may be inspected by representatives of agencies, associations and news media or other properly interested persons by general or special order of the court presiding over matters pursuant to this Act.????????(0.1) In cases where the records concern a pending ????juvenile court case, the requesting party seeking to ????inspect the juvenile court records shall provide actual ????notice to the attorney or guardian ad litem of the minor ????whose records are sought.????????(0.2) In cases where the records concern a juvenile ????court case that is no longer pending, the requesting party ????seeking to inspect the juvenile court records shall provide ????actual notice to the minor or the minor's parent or legal ????guardian, and the matter shall be referred to the chief ????judge presiding over matters pursuant to this Act.????????(0.3) In determining whether the records should be made ????available for inspection and whether inspection should be ????limited to certain parts of the file, the court shall ????consider the minor's interest in confidentiality and ????rehabilitation over the requesting moving party's interest ????in obtaining the information. The State's Attorney, the ????minor, and the minor's parents, guardian, and counsel shall ????at all times have the right to examine court files and ????records. For purposes of obtaining documents pursuant to ????this Section, a civil subpoena is not an order of the ????court.JUV CT-REINSTATE PARENT RIGHTPublic Act 98-0477 Effective Date: (HB3147)August 16, 2013(705 ILCS 405/2-34)????(Section scheduled to be repealed on August 21, 2013)????Sec. 2-34. Motion to reinstate parental rights.???? (1) For purposes of this subsection (1), the term "parent" refers to the person or persons whose rights were terminated as described in paragraph (a) of this subsection; and the term "minor" means a person under the age of 21 years subject to this Act for whom the Department of Children and Family Services Guardianship Administrator is appointed the temporary custodian or guardian.????A motion to reinstate parental rights may be filed only by the Department of Children and Family Services or the minor regarding any minor who is presently a ward of the court under Article II of this Act when all the conditions set out in paragraphs (a), (b), (c), (d), (e), (f), and (g) of this subsection (1) are met:(2) The motion may be filed only by the Department of Children and Family Services or by the minor. Unless excused by the court for good cause shown, the movant shall give notice of the time and place of the hearing on the motion, in person or by mail, to the parties to the juvenile court proceeding. Notice shall be provided at least 14 days in advance of the hearing date. The motion shall include the allegations required in subsection (1) of this Section.(8) (Blank). This Section is repealed 4 years after the effective date of this amendatory Act of the 96th General Assembly.JUV CT-CONTINUANCEPublic Act 98-0062 Effective Date: (HB3172)January 1, 2014(705 ILCS 405/5-615) ????Sec. 5-615. Continuance under supervision. ????(1) The court may enter an order of continuance under supervision for an offense other than first degree murder, a Class X felony or a forcible felony:????????(a) upon an admission or stipulation by the appropriate ????respondent or minor respondent of the facts supporting the ????petition and before the court makes a finding of ????delinquency proceeding to adjudication, or after hearing ????the evidence at the trial, and (b) in the absence of ????objection made in open court by the minor, his or her ????parent, guardian, or legal custodian, the minor's attorney ????or the State's Attorney; or . ????????(b) upon a finding of delinquency and after considering ????the circumstances of the offense and the history, ????character, and condition of the minor, if the court is of ????the opinion that:????????????(i) the minor is not likely to commit further ????????crimes;????????????(ii) the minor and the public would be best served ????????if the minor were not to receive a criminal record; and????????????(iii) in the best interests of justice an order of ????????continuance under supervision is more appropriate than ????????a sentence otherwise permitted under this Act. ????(2) (Blank). If the minor, his or her parent, guardian, or legal custodian, the minor's attorney or State's Attorney objects in open court to any continuance and insists upon proceeding to findings and adjudication, the court shall so proceed. ????(3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason. ????(4) When a hearing where a minor is alleged to be a delinquent is continued pursuant to this Section, the period of continuance under supervision may not exceed 24 months. The court may terminate a continuance under supervision at any time if warranted by the conduct of the minor and the ends of justice or vacate the finding of delinquency or both. ? (7) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that a condition of supervision has not been fulfilled, the court may proceed to findings, and adjudication, and disposition or adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 30 days of the filing of the petition unless a delay shall continue the tolling of the period of continuance under supervision for the period of the delay. JUV CT-JUV DETENTIONPublic Act 98-0536 Effective Date: (SB1844)August 23, 2013(705 ILCS 405/5-710) ????Sec. 5-710. Kinds of sentencing orders. ????(1) The following kinds of sentencing orders may be made in respect of wards of the court: ????????(a) Except as provided in Sections 5-805, 5-810, 5-815, ????a minor who is found guilty under Section 5-620 may be: ????????????(i) put on probation or conditional discharge and ????????released to his or her parents, guardian or legal ????????custodian, provided, however, that any such minor who ????????is not committed to the Department of Juvenile Justice ????????under this subsection and who is found to be a ????????delinquent for an offense which is first degree murder, ????????a Class X felony, or a forcible felony shall be placed ????????on probation; ????????????(ii) placed in accordance with Section 5-740, with ????????or without also being put on probation or conditional ????????discharge; ????????????(iii) required to undergo a substance abuse ????????assessment conducted by a licensed provider and ????????participate in the indicated clinical level of care; ????????????(iv) placed in the guardianship of the Department ????????of Children and Family Services, but only if the ????????delinquent minor is under 15 years of age or, pursuant ????????to Article II of this Act, a minor for whom an ????????independent basis of abuse, neglect, or dependency ????????exists. An independent basis exists when the ????????allegations or adjudication of abuse, neglect, or ????????dependency do not arise from the same facts, incident, ????????or circumstances which give rise to a charge or ????????adjudication of delinquency; ????????????(v) placed in detention for a period not to exceed ????????30 days, either as the exclusive order of disposition ????????or, where appropriate, in conjunction with any other ????????order of disposition issued under this paragraph, ????????provided that any such detention shall be in a juvenile ????????detention home and the minor so detained shall be 10 ????????years of age or older. However, the 30-day limitation ????????may be extended by further order of the court for a ????????minor under age 15 committed to the Department of ????????Children and Family Services if the court finds that ????????the minor is a danger to himself or others. The minor ????????shall be given credit on the sentencing order of ????????detention for time spent in detention under Sections ????????5-501, 5-601, 5-710, or 5-720 of this Article as a ????????result of the offense for which the sentencing order ????????was imposed. The court may grant credit on a sentencing ????????order of detention entered under a violation of ????????probation or violation of conditional discharge under ????????Section 5-720 of this Article for time spent in ????????detention before the filing of the petition alleging ????????the violation. A minor shall not be deprived of credit ????????for time spent in detention before the filing of a ????????violation of probation or conditional discharge ????????alleging the same or related act or acts. The ????????limitation that the minor shall only be placed in a ????????juvenile detention home does not apply as follows:????????????Persons 18 years of age and older who have a ????????petition of delinquency filed against them may be ????????confined in an adult detention facility. In making a ????????determination whether to confine a person 18 years of ????????age or older who has a petition of delinquency filed ????????against the person, these factors, among other ????????matters, shall be considered:????????????????(A) the age of the person;????????????????(B) any previous delinquent or criminal ????????????history of the person;????????????????(C) any previous abuse or neglect history of ????????????the person;????????????????(D) any mental health history of the person; ????????????and????????????????(E) any educational history of the person; JUV CT-PREVIOUS FOSTER PARENTPublic Act 98-0249 Effective Date: (HB2659)January 1, 2014Statutes Amended 20 ILCS 505/5from Ch. 23, par. 5005705 ILCS 405/1-3from Ch. 37, par. 801-3705 ILCS 405/1-5from Ch. 37, par. 801-5Synopsis Amends the Children and Family Services Act. Provides that a court determination that a current foster home placement is necessary and appropriate under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987 does not constitute a judicial determination on the merits of an administrative appeal, filed by a former foster parent, involving a change of placement decision. Amends the Juvenile Court Act of 1987. Defines "foster parent" to include a relative caregiver. Provides that if after an adjudication that a minor is abused or neglected and a motion has been made to restore the minor to any parent, guardian, or legal custodian found by the court to have caused the neglect or to have inflicted the abuse on the minor, a foster parent may file a motion to intervene in the proceeding for the sole purpose of requesting that the minor be placed with the foster parent, provided that the foster parent (1) is the current foster parent of the minor or (2) has previously been a foster parent for the minor for one year or more, has a foster care license or is eligible for a license or is not required to have a license, and is not the subject of any findings of abuse or neglect of any child. In the amendatory changes to the Juvenile Court Act of 1987, provides that "foster parent" includes a relative caregiver selected by the Department of Children and Family Services to provide care for the minor.JUV CT-DELINQUENCY AGE (17 to 18)Public Act 98-0061 Effective Date: (HB2404)January 1, 2014Statutes Amended 705 ILCS 405/1-7from Ch. 37, par. 801-7705 ILCS 405/1-8from Ch. 37, par. 801-8705 ILCS 405/5-105705 ILCS 405/5-120705 ILCS 405/5-905705 ILCS 405/5-915705 ILCS 405/5-401.5705 ILCS 405/5-410705 ILCS 405/5-901705 ILCS 405/1-9from Ch. 37, par. 801-9705 ILCS 405/2-10from Ch. 37, par. 802-10705 ILCS 405/3-12from Ch. 37, par. 803-12705 ILCS 405/4-9from Ch. 37, par. 804-9 705 ILCS 405/5-130Synopsis Amends the Juvenile Court Act of 1987. Changes the definition of delinquent minor to include a person who was under 18 (rather than 17) years of age when he or she committed an offense classified as a felony. Also changes the age concerning confidentiality of juvenile records. Provides that the restrictions apply to persons taken into custody before their 18th (rather than 17th) birthday. Makes corresponding change in the expungement provisions of the Act. Provides that the amendatory changes are prospective. Makes other conforming changes reflecting increasing the age at which a minor may be prosecuted under the Act rather than under the criminal laws from under 17 to under 18 years of age. Makes changes that are consistent with other changes to the bill that raises the age of delinquency for felonies from under 17 to under 18 years of age.CRIMINAL OFFENSES – 720 ILCSWORKPLACE VIOLENCE PREVENTIONPublic Act 98-0430 Effective Date: (HB2590)January 1, 2014New ActSynopsis Creates the Workplace Violence Prevention Act. Contains a purpose statement and defines terms. Provides that an employer may seek an order of protection to prohibit further violence or threats of violence by a person if: (1) the employee has suffered unlawful violence or a credible threat of violence from the person; and (2) the unlawful violence has been carried out at the employee's place of work or the credible threat of violence can reasonably be constructed to be carried out at the employee's place of work by the person. Provides that an employer may obtain an order of protection under the Illinois Domestic Violence Act of 1986 if the employer: (1) files an affidavit that shows, to the satisfaction of the court, reasonable proof that an employee has suffered either unlawful violence or a credible threat of violence by the defendant; and (2) demonstrates that great or irreparable harm has been suffered, will be suffered, or is likely to be suffered by the employee. Provides that employer remedies under the Act are limited to an order of protection, but that nothing in the Act waives, reduces, or diminishes any other remedy available to an employer under any other mechanism. Provides that the Act does not apply to cases involving or growing out of a labor dispute governed by other State or federal law. Provides that issues of jurisdiction, venue, procedure, and enforcement shall be governed by the Illinois Domestic Violence Act of 1986, and that law enforcement personnel shall have the same responsibilities as provided in that Act.????Section 1. Short title. This Act may be cited as the Workplace Violence Prevention Act.?????Section 5. Purpose. This Act is intended to assist employers in protecting its workforce, customers, guests and property by limiting access to workplace venues by potentially violent individuals. ?????Section 10. Definitions. As used in this Act:????"Credible threat of violence" means a statement or course of conduct that does not serve a legitimate purpose and that causes a reasonable person to fear for the person's safety or for the safety of the person's immediate family.????"Employee" means:????????(1) a person employed or permitted to work or perform a ????service for remuneration;????????(2) a member of a board of directors of any ????organization;????????(3) an elected or appointed public officer; and????????(4) a volunteer, independent contractor, agency ????worker, or any other person who performs services for an ????employer at the employer's place of work.????"Employer" means an individual, partnership, association, limited liability company, corporation, business trust, the State, a governmental agency, or a political subdivision that has at least 5 employees during any work week.????"Unlawful violence" means any act of violence, harassment, or stalking as defined by the laws of this State.?????Section 15. Employer's right to order of protection. An employer may seek an order of protection to prohibit further violence or threats of violence by a person if:????????(1) the employee has suffered unlawful violence or a ????credible threat of violence from the person; and????????(2) the unlawful violence has been carried out at the ????employee's place of work or the credible threat of violence ????can reasonably be constructed to be carried out at the ????employee's place of work by the person.?????Section 20. Irreparable harm. An employer may obtain an order of protection under the Illinois Domestic Violence Act of 1986 if the employer:????????(1) files an affidavit that shows, to the satisfaction ????of the court, reasonable proof that an employee has ????suffered either unlawful violence or a credible threat of ????violence by the defendant; and????????(2) demonstrates that great or irreparable harm has ????been suffered, will be suffered, or is likely to be ????suffered by the employee.?????Section 25. Remedies. Employer remedies under this Act are limited to an order of protection. Nothing in this Act, however, waives, reduces, or diminishes any other remedy available to an employer under any other mechanism.?????Section 30. Jurisdiction; venue; procedure; enforcement. Issues of jurisdiction, venue, procedure, and enforcement shall be governed by the Illinois Domestic Violence Act of 1986.?????Section 35. Law enforcement responsibilities. Law enforcement personnel shall have the same responsibilities under this Act as are provided in Article 3 of the Illinois Domestic Violence Act of 1986. CRIM CD-LIMITATIONS-VICTIM AGE **CCSAO INITIATIVE**Public Act 98-0379 Effective Date: (HB1063)January 1, 2014(720 ILCS 5/3-6)??(from Ch. 38, par. 3-6) ????Sec. 3-6. Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3-5 or other applicable statute is extended under the following conditions: ????(a) A prosecution for theft involving a breach of a fiduciary obligation to the aggrieved person may be commenced as follows: ????????(1) If the aggrieved person is a minor or a person ????under legal disability, then during the minority or legal ????disability or within one year after the termination ????thereof. ????????(2) In any other instance, within one year after the ????discovery of the offense by an aggrieved person, or by a ????person who has legal capacity to represent an aggrieved ????person or has a legal duty to report the offense, and is ????not himself or herself a party to the offense; or in the ????absence of such discovery, within one year after the proper ????prosecuting officer becomes aware of the offense. However, ????in no such case is the period of limitation so extended ????more than 3 years beyond the expiration of the period ????otherwise applicable. ????(b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a legal duty to report such offense, or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable. ????(b-5) When the victim is under 18 years of age at the time of the offense, a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons and related offenses under Section 10-9 of this Code may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. ????(c) (Blank). ????(d) A prosecution for child pornography, aggravated child pornography, indecent solicitation of a child, soliciting for a juvenile prostitute, juvenile pimping, exploitation of a child, or promoting juvenile prostitution except for keeping a place of juvenile prostitution may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense. ????(e) Except as otherwise provided in subdivision (j), a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 11-0.1 of this Code, where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within one year after the discovery of the offense by the victim. ????(f) A prosecution for any offense set forth in Section 44 of the "Environmental Protection Act", approved June 29, 1970, as amended, may be commenced within 5 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 5 years after the proper prosecuting officer becomes aware of the offense. ????(f-5) A prosecution for any offense set forth in Section 16-30 of this Code may be commenced within 5 years after the discovery of the offense by the victim of that offense. ????(g) (Blank). ????(h) (Blank). ????(i) Except as otherwise provided in subdivision (j), a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense. ????Nothing in this subdivision (i) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section. ????(j) (1) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse may be commenced at any time when corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so.????(2) In circumstances other than as described in paragraph (1) of this subsection (j), when the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse, or a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act may be commenced within 20 years after the child victim attains 18 years of age.????(3) When the victim is under 18 years of age at the time of the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the child victim attains 18 years of age. ????(4) Nothing in this subdivision (j) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section. ????(k) A prosecution for theft involving real property exceeding $100,000 in value under Section 16-1, identity theft under subsection (a) of Section 16-30, aggravated identity theft under subsection (b) of Section 16-30, or any offense set forth in Article 16H or Section 17-10.6 may be commenced within 7 years of the last act committed in furtherance of the crime. CRIM CD-LIMITATION-RES ARSONPublic Act 98-0265 Effective Date: (HB3011)January 1, 2014(720 ILCS 5/3-5)??(from Ch. 38, par. 3-5) ????Sec. 3-5. General Limitations. ????(a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, residential arson, aggravated arson, forgery, child pornography under paragraph (1) of subsection (a) of Section 11-20.1, aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0.1 of this Code in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3-6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense. ????(b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3-6, a prosecution for any offense not designated in Subsection (a) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor. CRIM CD-UNAUTHORIZED VID RECPublic Act 98-0293 Effective Date: (SB1851)January 1, 2014(720 ILCS 5/3-6)??(from Ch. 38, par. 3-6) ????Sec. 3-6. Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3-5 or other applicable statute is extended under the following conditions:?(l) A prosecution for any offense set forth in Section 26-4 of this Code may be commenced within one year after the discovery of the offense by the victim of that offense. CHILD SEX OFFENDER-PLAYGROUNDPublic Act 98-0266 Effective Date: (HB3023)January 1, 2014(720 ILCS 5/11-9.3) ????Sec. 11-9.3. Presence within school zone by child sex offenders prohibited; approaching, contacting, residing with, or communicating with a child within certain places by child sex offenders prohibited. ?(a-10) It is unlawful for a child sex offender to knowingly be present in any public park building, a playground or recreation area within any publicly accessible privately owned building, or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds. CRIM CD-PROSTITUTION-PENALTYPublic Act 98-0538 Effective Date: (SB1872)August 23, 2013(720 ILCS 5/11-14)??(from Ch. 38, par. 11-14)????Sec. 11-14. Prostitution. ????(a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.????(b) Sentence.????A violation of this Section is a Class A misdemeanor, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 4 felony. A second or subsequent violation of this Section, or any combination of convictions under this Section and Section 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 4 felony.????(c) (Blank). First offender; felony prostitution.????????(1) Whenever any person who has not previously been ????convicted of or placed on probation for felony prostitution ????or any law of the United States or of any other state ????relating to felony prostitution pleads guilty to or is ????found guilty of felony prostitution, the court, without ????entering a judgment and with the consent of such person, ????may sentence the person to probation.????????(2) When a person is placed on probation, the court ????shall enter an order specifying a period of probation of 24 ????months and shall defer further proceedings in the case ????until the conclusion of the period or until the filing of a ????petition alleging violation of a term or condition of ????probation.????????(3) The conditions of probation shall be that the ????person: (i) not violate any criminal statute of any ????jurisdiction; (ii) refrain from possessing a firearm or ????other dangerous weapon; (iii) submit to periodic drug ????testing at a time and in a manner as ordered by the court, ????but no less than 3 times during the period of the ????probation, with the cost of the testing to be paid by the ????probationer; and (iv) perform no less than 30 hours of ????community service, provided community service is available ????in the jurisdiction and is funded and approved by the ????county board. ????????(4) The court may, in addition to other conditions, ????require that the person: ????????????(A) make a report to and appear in person before or ????????participate with the court or such courts, person, or ????????social service agency as directed by the court in the ????????order of probation;????????????(B) pay a fine and costs;????????????(C) work or pursue a course of study or vocational ????????training;????????????(D) undergo medical or psychiatric treatment; or ????????treatment or rehabilitation by a provider approved by ????????the Illinois Department of Human Services;????????????(E) attend or reside in a facility established for ????????the instruction or residence of defendants on ????????probation;????????????(F) support his or her dependents; ????????????(G) refrain from having in his or her body the ????????presence of any illicit drug prohibited by the Cannabis ????????Control Act or the Illinois Controlled Substances Act, ????????unless prescribed by a physician, and submit samples of ????????his or her blood or urine or both for tests to ????????determine the presence of any illicit drug.????????(5) Upon violation of a term or condition of probation, ????the court may enter a judgment on its original finding of ????guilt and proceed as otherwise provided.????????(6) Upon fulfillment of the terms and conditions of ????probation, the court shall discharge the person and dismiss ????the proceedings against him or her. ????????(7) A disposition of probation is considered to be a ????conviction for the purposes of imposing the conditions of ????probation and for appeal, however, discharge and dismissal ????under this subsection is not a conviction for purposes of ????this Code or for purposes of disqualifications or ????disabilities imposed by law upon conviction of a crime.????????(8) There may be only one discharge and dismissal under ????this Section, Section 410 of the Illinois Controlled ????Substances Act, Section 70 of the Methamphetamine Control ????and Community Protection Act, Section 10 of the Cannabis ????Control Act, or Section 5-6-3.3 of the Unified Code of ????Corrections.????????(9) If a person is convicted of prostitution within 5 ????years subsequent to a discharge and dismissal under this ????subsection, the discharge and dismissal under this ????subsection shall be admissible in the sentencing ????proceeding for that conviction as evidence in aggravation.????(d) Notwithstanding the foregoing, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this Section is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense under this Section, and shall be subject to the temporary protective custody provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of 1987. Pursuant to the provisions of Section 2-6 of the Juvenile Court Act of 1987, a law enforcement officer who takes a person under 18 years of age into custody under this Section shall immediately report an allegation of a violation of Section 10-9 of this Code to the Illinois Department of Children and Family Services State Central Register, which shall commence an initial investigation into child abuse or child neglect within 24 hours pursuant to Section 7.4 of the Abused and Neglected Child Reporting Act. (730 ILCS 168/20) ????Sec. 20. Eligibility. ????(a) A defendant may be admitted into a mental health court program only upon the agreement of the prosecutor and the defendant and with the approval of the court.????(b) A defendant shall be excluded from a mental health court program if any one of the following applies:????????(1) The crime is a crime of violence as set forth in ????clause (3) of this subsection (b).????????(2) The defendant does not demonstrate a willingness to ????participate in a treatment program.????????(3) The defendant has been convicted of a crime of ????violence within the past 10 years excluding incarceration ????time, specifically first degree murder, second degree ????murder, predatory criminal sexual assault of a child, ????aggravated criminal sexual assault, criminal sexual ????assault, armed robbery, aggravated arson, arson, ????aggravated kidnapping, kidnapping, stalking, aggravated ????stalking, or any offense involving the discharge of a ????firearm.????????(4) (Blank). ????(c) A defendant charged with prostitution under Section 11-14 of the Criminal Code of 2012 may be admitted into a mental health court program, which may include specialized service programs specifically designed to address the trauma associated with prostitution and human trafficking, if available in the jurisdiction and provided that the requirements in subsections (a) and (b) are satisfied. Judicial circuits establishing these specialized programs shall partner with prostitution and human trafficking advocates, survivors, and service providers in the development of the programs. CRIM CD-CHILD PORNOGRAPHYPublic Act 98-0437 Effective Date: (HB2647)January 1, 2014(720 ILCS 5/11-20.1)??(from Ch. 38, par. 11-20.1) ????Sec. 11-20.1. Child pornography. ????? (a-5) The possession of each individual film, videotape, photograph, or other similar visual reproduction or depiction by computer in violation of this Section constitutes a single and separate violation. This subsection (a-5) does not apply to multiple copies of the same film, videotape, photograph, or other similar visual reproduction or depiction by computer that are identical to each other.(730 ILCS 5/5-8-4)??(from Ch. 38, par. 1005-8-4) ????Sec. 5-8-4. Concurrent and consecutive terms of imprisonment. d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances:????????(1) One of the offenses for which the defendant was ????convicted was first degree murder or a Class X or Class 1 ????felony and the defendant inflicted severe bodily injury.????????(2) The defendant was convicted of a violation of ????Section 11-20.1 (child pornography), 11-20.1B or 11-20.3 ????(aggravated child pornography), 11-1.20 or 12-13 (criminal ????sexual assault), 11-1.30 or 12-14 (aggravated criminal ????sexual assault), or 11-1.40 or 12-14.1 (predatory criminal ????sexual assault of a child) of the Criminal Code of 1961 or ????the Criminal Code of 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, ????5/11-20.3, 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, ????5/11-1.40, or 5/12-14.1).????????(2.5) The defendant was convicted of a violation of ????paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) ????of Section 11-20.1 (child pornography) or of paragraph (1), ????(2), (3), (4), (5), or (7) of subsection (a) of Section ????11-20.1B or 11-20.3 (aggravated child pornography) of the ????Criminal Code of 1961 or the Criminal Code of 2012; or the ????defendant was convicted of a violation of paragraph (6) of ????subsection (a) of Section 11-20.1 (child pornography) or of ????paragraph (6) of subsection (a) of Section 11-20.1B or ????11-20.3 (aggravated child pornography) of the Criminal ????Code of 1961 or the Criminal Code of 2012, when the child ????depicted is under the age of 13. CRIM CD-THREATEN PUB OFFICIALPublic Act 98-0529 Effective Date: (SB1609)January 1, 2014(720 ILCS 5/12-9)??(from Ch. 38, par. 12-9) ????Sec. 12-9. Threatening public officials; human service providers. ????(a) A person commits threatening a public official or human service provider when: ????????(1) that person knowingly delivers or conveys, ????directly or indirectly, to a public official or human ????service provider by any means a communication: ????????????(i) containing a threat that would place the public ????????official or human service provider or a member of his ????????or her immediate family in reasonable apprehension of ????????immediate or future bodily harm, sexual assault, ????????confinement, or restraint; or ????????????(ii) containing a threat that would place the ????????public official or human service provider or a member ????????of his or her immediate family in reasonable ????????apprehension that damage will occur to property in the ????????custody, care, or control of the public official or his ????????or her immediate family; and ????????(2) the threat was conveyed because of the performance ????or nonperformance of some public duty or duty as a human ????service provider, because of hostility of the person making ????the threat toward the status or position of the public ????official or the human service provider, or because of any ????other factor related to the official's public existence. ????(a-5) For purposes of a threat to a sworn law enforcement officer, the threat must contain specific facts indicative of a unique threat to the person, family or property of the officer and not a generalized threat of harm. ????(a-6) For purposes of a threat to a social worker, caseworker, or investigator, or human service provider, the threat must contain specific facts indicative of a unique threat to the person, family or property of the individual and not a generalized threat of harm. ????(b) For purposes of this Section: ????????(1) "Public official" means a person who is elected to ????office in accordance with a statute or who is appointed to ????an office which is established, and the qualifications and ????duties of which are prescribed, by statute, to discharge a ????public duty for the State or any of its political ????subdivisions or in the case of an elective office any ????person who has filed the required documents for nomination ????or election to such office. "Public official" includes a ????duly appointed assistant State's Attorney, assistant ????Attorney General, or Appellate Prosecutor; a sworn law ????enforcement or peace officer; a social worker, caseworker, ????or investigator employed by the Department of Healthcare ????and Family Services, the Department of Human Services, or ????the Department of Children and Family Services. ????????(1.5) "Human service provider" means a social worker, ????case worker, or investigator employed by an agency or ????organization providing social work, case work, or ????investigative services under a contract with or a grant ????from the Department of Human Services, the Department of ????Children and Family Services, the Department of Healthcare ????and Family Services, or the Department on Aging. ????????(2) "Immediate family" means a public official's ????spouse or child or children. ????(c) Threatening a public official or human service provider is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense. CRIM CD-VANDALIZE HISTORIC Public Act 98-0466 Effective Date: (HB3043)August 16, 2013(720 ILCS 5/21-1.3) ????Sec. 21-1.3. Criminal defacement of property. (b) Sentence. ????(1) Criminal defacement of property is a Class A misdemeanor for a first offense when the aggregate value of the damage to the property does not exceed $300. Criminal defacement of property is a Class 4 felony when the aggregate value of the damage to property does not exceed $300 and the property damaged is a school building or place of worship. Criminal defacement of property is a Class 4 felony for a second or subsequent conviction or when the aggregate value of the damage to the property exceeds $300. Criminal defacement of property is a Class 3 felony when the aggregate value of the damage to property exceeds $300 and the property damaged is a school building or place of worship. ????(2) In addition to any other sentence that may be imposed for a violation of this Section that is chargeable as a Class 3 or Class 4 felony, a person convicted of criminal defacement of property shall:????????(A) pay be subject to a mandatory minimum fine of $500 ????plus the actual costs incurred by the property owner or the ????unit of government to abate, remediate, repair, or remove ????the effect of the damage to the property. To the extent ????permitted by law, reimbursement for the costs of abatement, ????remediation, repair, or removal shall be payable to the ????person who incurred the costs; and????????(B) if convicted of criminal defacement of property ????that is chargeable as a Class 3 or Class 4 felony pay a ????mandatory minimum fine of $500. CRIM CD&CD CORR-RECORD OFFENSE **CCSAO INITIATIVE**Public Act 98-0385 Effective Date: (HB1309)January 1, 2014Statutes Amended 720 ILCS 5/12-2from Ch. 38, par. 12-2720 ILCS 5/12-3.05was 720 ILCS 5/12-4730 ILCS 5/5-5-3.2Synopsis Amends the Criminal Code of 2012. Provides that a person commits aggravated assault or aggravated battery when he or she, in committing the assault or battery, knowingly video or audio records the offense with the intent to disseminate the recording. Provides that the penalty for aggravated assault for a person who in committing an assault knowingly video or audio records the offense with the intent to disseminate the recording is a Class A misdemeanor (rather than a Class 4 felony. Amends the Unified Code of Corrections. Provides that the court may impose an extended term sentence when a defendant commits any felony and the defendant knowingly video or audio records the offense with the intent to disseminate the recording. Updates the statute concerning aggravating factors in sentencing to reflect changes made by P.A. 97-1150. (720 ILCS 5/12-2)??(from Ch. 38, par. 12-2) ????Sec. 12-2. Aggravated assault. ?(c) Offense based on use of firearm, device, or motor vehicle. A person commits aggravated assault when, in committing an assault, he or she does any of the following:? (9) Knowingly video or audio records the offense with ????the intent to disseminate the recording. ???? (d) Sentence. Aggravated assault as defined in subdivision (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), (c)(1), or (c)(4), or (c)(9) is a Class A misdemeanor, except that aggravated assault as defined in subdivision (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category II, or Category III weapon is used in the commission of the assault. Aggravated assault as defined in subdivision (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated assault as defined in subdivision (c)(3) or (c)(8) is a Class 3 felony.(720 ILCS 5/12-3.05)??(was 720 ILCS 5/12-4) ????Sec. 12-3.05. Aggravated battery. ? (f) Offense based on use of a weapon or device. A person commits aggravated battery when, in committing a battery, he or she does any of the following:????????(1) Uses a deadly weapon other than by discharge of a ????firearm, or uses an air rifle as defined in the Air Rifle ????Act.????????(2) Wears a hood, robe, or mask to conceal his or her ????identity.????????(3) Knowingly and without lawful justification shines ????or flashes a laser gunsight or other laser device attached ????to a firearm, or used in concert with a firearm, so that ????the laser beam strikes upon or against the person of ????another.????????(4) Knowingly video or audio records the offense with ????the intent to disseminate the recording. "Firearm" has the meaning provided under Section 1.1 of the Firearm Owners Identification Card Act, and does not include an air rifle as defined by Section 24.8-0.1 1 of this Code the Air Rifle Act.(730 ILCS 5/5-5-3.2) ????Sec. 5-5-3.2. Factors in Aggravation and Extended-Term Sentencing.?(b) The following factors, related to all felonies, may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 upon any offender: ?(9) When a defendant commits any felony and the ????defendant knowingly video or audio records the offense with ????the intent to disseminate the recording. CRIM CD-HAZING-REPORTPublic Act 98-0393 Effective Date: (HB1443)August 16, 2013(720 ILCS 5/12C-50.1 new)????Sec. 12C-50.1. Failure to report hazing.????(a) For purposes of this Section, "school official" includes any and all paid school administrators, teachers, counselors, support staff, and coaches and any and all volunteer coaches employed by a school, college, university, or other educational institution of this State.????(b) A school official commits failure to report hazing when:????????(1) while fulfilling his or her official ????responsibilities as a school official, he or she personally ????observes an act which is not sanctioned or authorized by ????that educational institution;????????(2) the act results in bodily harm to any person; and????????(3) the school official knowingly fails to report the ????act to supervising educational authorities or, in the event ????of death or great bodily harm, to law enforcement. ????(c) Sentence. Failure to report hazing is a Class B misdemeanor. If the act which the person failed to report resulted in death or great bodily harm, the offense is a Class A misdemeanor.????(d) It is an affirmative defense to a charge of failure to report hazing under this Section that the person who personally observed the act had a reasonable apprehension that timely action to stop the act would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting. ????(e) Nothing in this Section shall be construed to allow prosecution of a person who personally observes the act of hazing and assists with an investigation and any subsequent prosecution of the offender. CD CORR-2ND CHANCE PROBATIONPublic Act 98-0164 Effective Date: (HB3010)January 1, 2014Statutes Amended 20 ILCS 2630/5.2720 ILCS 5/11-14from Ch. 38, par. 11-14720 ILCS 550/10from Ch. 56 1/2, par. 710720 ILCS 570/410from Ch. 56 1/2, par. 1410720 ILCS 646/70730 ILCS 5/5-6-3.4 newSynopsis Amends the Criminal Identification Act, the Criminal Code of 2012, the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Creates Second Chance Probation. Provides that whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, including probation under Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 10 of the Cannabis Control Act, subsection (c) of Section 11-14 of the Criminal Code of 2012, Treatment Alternatives for Criminal Justice Clients (TASC) under Article 40 of the Alcoholism and Other Drug Abuse and Dependency Act, or prior successful completion of the Offender Initiative Program under Section 5-6-3.3 of this Code, and pleads guilty to, or is found guilty of, a probationable felony offense of possession of a controlled substance that is punishable as a Class 4 felony; possession of methamphetamine that is punishable as a Class 4 felony; theft that is punishable as a Class 3 felony based on the value of the property or punishable as a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property; retail theft that is punishable as a Class 3 felony based on the value of the property; criminal damage to property that is punishable as a Class 4 felony; criminal damage to government supported property that is punishable as a Class 4 felony; possession of cannabis which is punishable as a Class 4 felony; the court, with the consent of the defendant, may, without entering a judgment, sentence the defendant to probation. Establishes the terms and conditions of the probation. Provides that the defendant obtain or attempt to obtain employment. Provides that upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. Provides that Second Chance Probation is available only if the both the defendant and the State's Attorney consent. Provides that a defendant is not eligible for Second Chance Probation if the offense he or she pleads guilty to, or is found guilty of, is a violent offense.EAVESDROPPING-CIVIL REMEDIESPublic Act 98-0268 Effective Date: (HB3038)January 1, 2014(720 ILCS 5/14-6)??(from Ch. 38, par. 14-6) ????Sec. 14-6. Civil remedies to injured parties. (1) Any or all parties to any conversation or electronic communication upon which eavesdropping is practiced contrary to this Article shall be entitled to the following remedies: ????(a) To an injunction by the circuit court prohibiting further eavesdropping by the eavesdropper and by or on behalf of his principal, or either; ????(b) To all actual damages against the eavesdropper or his principal or both; ????(c) To any punitive damages which may be awarded by the court or by a jury; ????(d) To all actual damages against any landlord, owner or building operator, or any common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned; ????(e) To any punitive damages which may be awarded by the court or by a jury against any landlord, owner or building operator, or common carrier by wire who aids, abets, or knowingly permits the eavesdropping concerned. ????(2) No cause of action shall lie in any court against any common carrier by wire or its officers, agents or employees for providing information, assistance or facilities in accordance with the terms of a court order entered under Article 108A of the Code of Criminal Procedure of 1963. ????(3) No civil claim, cause of action, or remedy shall lie against a parent, step-parent, guardian, or grandparent for eavesdropping of electronic communications through access to their minor's electronic accounts during that parent, step-parent, guardian, or grandparent's exercise of his or her parental rights to supervise, monitor, and control the activities of a minor in his or her care, custody, or control. This provision does not diminish the protections given to electronic accounts of a minor under any existing law other than this Article.CRIMINAL LAW-TECH (AGG BATT)Public Act 98-0369 Effective Date: (HB0801)January 1, 2014(720 ILCS 5/12-3.05)??(was 720 ILCS 5/12-4) ????Sec. 12-3.05. Aggravated battery. ?????(d) Offense based on status of victim. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be any of the following: ?(11) A nurse while in the performance of his or her ????duties as a nurse. CRIM CD-DAMAGE&DEFACEMENTPublic Act 98-0315 Effective Date: (SB2231)January 1, 2014(720 ILCS 5/21-1)??(from Ch. 38, par. 21-1) ????Sec. 21-1. Criminal damage to property. (d) Sentence.????????(1) A violation of subsection (a) shall have the ????following penalties: ???????????? (A) A violation of paragraph (8) or (9) is a Class ????????B misdemeanor.???????????? (B) A violation of paragraph (1), (2), (3), (5), or ????????(6) is a Class A misdemeanor when the damage to ????????property does not exceed $300.???????????? (C) A violation of paragraph (1), (2), (3), (5),????????or (6) is a Class 4 felony when the damage to property ????????does not exceed $300 and the damage occurs to property ????????of a school or place of worship or to farm equipment or ????????immovable items of agricultural production, including ????????but not limited to grain elevators, grain bins, and ????????barns or property which memorializes or honors an ????????individual or group of police officers, fire fighters, ????????members of the United States Armed Forces, National ????????Guard, or veterans. (D) A violation of paragraph (4) is a Class 4 ????????felony when the damage to property does not exceed ????????$10,000.???????????? (E) A violation of paragraph (7) is a Class 4 ????????felony.???????????? (F) A violation of paragraph (1), (2), (3), (5) or ????????(6) is a Class 4 felony when the damage to property ????????exceeds $300 but does not exceed $10,000.???????????? (G) A violation of paragraphs (1) through (6) is a ????????Class 3 felony when the damage to property exceeds $300 ????????but does not exceed $10,000 and the damage occurs to ????????property of a school or place of worship or to farm ????????equipment or immovable items of agricultural ????????production, including but not limited to grain ????????elevators, grain bins, and barns or property which ????????memorializes or honors an individual or group of police ????????officers, fire fighters, members of the United States ????????Armed Forces, National Guard, or veterans. (H) A violation of paragraphs (1) through (6) is a ????????Class 3 felony when the damage to property exceeds ????????$10,000 but does not exceed $100,000.???????????? (I) A violation of paragraphs (1) through (6) is a ????????Class 2 felony when the damage to property exceeds ????????$10,000 but does not exceed $100,000 and the damage ????????occurs to property of a school or place of worship or ????????to farm equipment or immovable items of agricultural ????????production, including but not limited to grain ????????elevators, grain bins, and barns or property which ????????memorializes or honors an individual or group of police ????????officers, fire fighters, members of the United States ????????Armed Forces, National Guard, or veterans.???????????? (J) A violation of paragraphs (1) through (6) is a ????????Class 2 felony when the damage to property exceeds ????????$100,000. A violation of paragraphs (1) through (6) is ????????a Class 1 felony when the damage to property exceeds ????????$100,000 and the damage occurs to property of a school ????????or place of worship or to farm equipment or immovable ????????items of agricultural production, including but not ????????limited to grain elevators, grain bins, and barns or ????????property which memorializes or honors an individual or ????????group of police officers, fire fighters, members of the ????????United States Armed Forces, National Guard, or ????????veterans. ?(720 ILCS 5/21-1.3) ????Sec. 21-1.3. Criminal defacement of property. ????(a) A person commits criminal defacement of property when the person knowingly damages the property of another by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar device. It is an affirmative defense to a violation of this Section that the owner of the property damaged consented to such damage. ????(b) Sentence. ???? (1) Criminal defacement of property is a Class A misdemeanor for a first offense when the aggregate value of the damage to the property does not exceed $300. Criminal defacement of property is a Class 4 felony when the aggregate value of the damage to property does not exceed $300 and the property damaged is a school building or place of worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans. Criminal defacement of property is a Class 4 felony for a second or subsequent conviction or when the aggregate value of the damage to the property exceeds $300. Criminal defacement of property is a Class 3 felony when the aggregate value of the damage to property exceeds $300 and the property damaged is a school building or place of worship or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans. CRIMINAL LAW-TECH (PCSA) **CCSAO INITIATIVE**Public Act 98-0370 Effective Date: (HB0804)January 1, 2014(720 ILCS 5/11-1.40) ??(was 720 ILCS 5/12-14.1) ????Sec. 11-1.40. Predatory criminal sexual assault of a child. ????(a) A person commits predatory criminal sexual assault of a child if that person commits an act of sexual penetration or an act of contact, however slight between the sex organ or anus of one person and the part of the body of another, and the accused , is 17 years of age or older, and:????????(1) the victim is under 13 years of age; or????????(2) the victim is under 13 years of age and that ????person:????????????(A) is armed with a firearm;????????????(B) personally discharges a firearm during the ????????commission of the offense;????????????(C) causes great bodily harm to the victim that:????????????????(i) results in permanent disability; or????????????????(ii) is life threatening; or????????????(D) delivers (by injection, inhalation, ingestion, ????????transfer of possession, or any other means) any ????????controlled substance to the victim without the ????????victim's consent or by threat or deception, for other ????????than medical purposes. ???? (b) Sentence. ????????(1) A person convicted of a violation of subsection ????(a)(1) commits a Class X felony, for which the person shall ????be sentenced to a term of imprisonment of not less than 6 ????years and not more than 60 years. A person convicted of a ????violation of subsection (a)(2)(A) commits a Class X felony ????for which 15 years shall be added to the term of ????imprisonment imposed by the court. A person convicted of a ????violation of subsection (a)(2)(B) commits a Class X felony ????for which 20 years shall be added to the term of ????imprisonment imposed by the court. A person convicted of a ????violation of subsection (a)(2)(C) commits a Class X felony ????for which the person shall be sentenced to a term of ????imprisonment of not less than 50 years or up to a term of ????natural life imprisonment. ????????(1.1) A person convicted of a violation of subsection ????(a)(2)(D) commits a Class X felony for which the person ????shall be sentenced to a term of imprisonment of not less ????than 50 years and not more than 60 years. ????????(1.2) A person convicted of predatory criminal sexual ????assault of a child committed against 2 or more persons ????regardless of whether the offenses occurred as the result ????of the same act or of several related or unrelated acts ????shall be sentenced to a term of natural life imprisonment. ????????(2) A person who is convicted of a second or subsequent ????offense of predatory criminal sexual assault of a child, or ????who is convicted of the offense of predatory criminal ????sexual assault of a child after having previously been ????convicted of the offense of criminal sexual assault or the ????offense of aggravated criminal sexual assault, or who is ????convicted of the offense of predatory criminal sexual ????assault of a child after having previously been convicted ????under the laws of this State or any other state of an ????offense that is substantially equivalent to the offense of ????predatory criminal sexual assault of a child, the offense ????of aggravated criminal sexual assault or the offense of ????criminal sexual assault, shall be sentenced to a term of ????natural life imprisonment. The commission of the second or ????subsequent offense is required to have been after the ????initial conviction for this paragraph (2) to apply. ?(720 ILCS 5/11-9.1B new)Sec. 11-9.1B. Failure to report sexual abuse of a child.????(a) For the purposes of this Section:????"Child" means any person under the age of 13.????"Sexual abuse" means any contact, however slight, between the sex organ or anus of the victim or the accused and an object or body part, including but not limited to, the sex organ, mouth, or anus of the victim or the accused, or any intrusion, however slight, of any part of the body of the victim or the accused or of any animal or object into the sex organ or anus of the victim or the accused, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual abuse.????(b) A person over the age of 18 commits failure to report sexual abuse of a child when he or she personally observes sexual abuse, as defined by this Section, between a person who he or she knows is over the age of 18 and a person he or she knows is a child, and knowingly fails to report the sexual abuse to law enforcement.????(c) This Section does not apply to a person who makes timely and reasonable efforts to stop the sexual abuse by reporting the sexual abuse in conformance with the Abused and Neglected Child Reporting Act or by reporting the sexual abuse or causing a report to be made, to medical or law enforcement authorities or anyone who is a mandated reporter under Section 4 of the Abused and Neglected Child Reporting Act.????(d) A person may not be charged with the offense of failure to report sexual abuse of a child under this Section until the person who committed the offense is charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse.????(e) It is an affirmative defense to a charge of failure to report sexual abuse of a child under this Section that the person who personally observed the sexual abuse had a reasonable apprehension that timely action to stop the abuse would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting.????(f) Sentence. A person who commits failure to report sexual abuse of a child is guilty of a Class A misdemeanor for the first violation and a Class 4 felony for a second or subsequent violation.????(g) Nothing in this Section shall be construed to allow prosecution of a person who personally observes the act of sexual abuse and assists with an investigation and any subsequent prosecution of the offender. CRIM CD-CLOUDING TITLEPublic Act 98-0098 Effective Date: (HB2905)January 1, 2014(720 ILCS 5/32-13) ????Sec. 32-13. Unlawful clouding of title. ????(a) Any person who intentionally records or files or causes to be recorded or filed any document in the office of the recorder or registrar of titles of any county of this State that is a cloud on the title of land in this State, knowing that the theory upon which the purported cloud on title is based is not recognized as a legitimate legal theory by the courts of this State or of the United States, commits the offense of unlawful clouding of title. ????(b) Unlawful clouding of title is a Class A misdemeanor for a first offense if the cloud on the title has a value that does not exceed $10,000. Unlawful clouding of title is a Class 4 felony if the cloud on the title has a value that exceeds $10,000, or for a second or subsequent offense. ????(c) In addition to any other sentence that may be imposed, the court shall order any person convicted of a violation of this Section, or placed on supervision for a violation of this Section, to execute a release of the purported cloud on title as may be requested by or on behalf of any person whose property is encumbered or potentially encumbered by the document filed. Irrespective of whether or not a person charged under this Section is convicted of the offense of unlawful clouding of title, when the evidence demonstrates that, as a matter of law, the cloud on title is not a type of cloud recognized or authorized by the courts of this State or the United States, the court shall forthwith direct the recorder or registrar of titles to expunge the cloud. ????(c-5) This Section does not apply to an attorney licensed to practice law in this State who in good faith files a lien on behalf of his or her client and who in good faith believes that the validity of the lien is supported by statutory law, by a decision of a court of law, or by a good faith argument for an extension, modification, or reversal of existing court decisions relating to the validity of the lien. ????(d) For purposes of this Section, "cloud on title" or "cloud on the title" means an outstanding claim or encumbrance that, if valid, would affect or impair the title of the owner of an estate in land and on its face has that effect, but can be shown by extrinsic proof to be invalid or inapplicable to that estate. METH PRECURSOR TRACKINGPublic Act 98-0208 Effective Date: (HB1311)August 9, 2013(720 ILCS 649/10) ????Sec. 10. Definitions. In this Act:"Qualified outside entity" means:????????(1) a law enforcement agency or prosecutor's office ????with authority to identify, investigate, or prosecute ????violations of this Act or any other State or federal law or ????rule involving a methamphetamine precursor, ????methamphetamine, or any other controlled substance;????????(2) any probation and court services department ????authorized by the Probation and Probation Officers Act;????????(3) the Department of Corrections;????????(4) the Department of Juvenile Justice;????????(5) the U.S. Probation and Pretrial Services System; or????????(6) the U.S. Parole Commission.CRIM CD-DOMESTIC BATTERYPublic Act 98-0187 Effective Date: (HB0958)January 1, 2014(720 ILCS 5/12-3.2)??(from Ch. 38, par. 12-3.2) ????Sec. 12-3.2. Domestic battery. ????(a) A person commits domestic battery if he or she knowingly without legal justification by any means: ????????(1) Causes bodily harm to any family or household ????member; ????????(2) Makes physical contact of an insulting or provoking ????nature with any family or household member. ????(b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery (Section 12-3.2) or violation of an order of protection (Section 12-3.4 or 12-30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section 11-1.20 or 12-13), aggravated criminal sexual assault (Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member. Domestic battery is a Class 4 felony if the defendant has one or 2 prior convictions under this Code for domestic battery (Section 12-3.2). Domestic battery is a Class 3 felony if the defendant had 3 prior convictions under this Code for domestic battery (Section 12-3.2). Domestic battery is a Class 2 felony if the defendant had 4 or more prior convictions under this Code for domestic battery (Section 12-3.2). In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this Section, the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.CRIMINAL LAW-TECH (METH)Public Act 98-0371 Effective Date: (HB0806)August 16, 2013(720 ILCS 648/10)????Sec. 10. Definitions. In this Act:?"Procure" means to purchase, steal, gather, or otherwise obtain, for oneself or another person, by legal or illegal means, or to cause another to take that action. (720 ILCS 648/20)????Sec. 20. Restrictions on purchase, receipt, or acquisition.(f) A person shall not knowingly procure a targeted methamphetamine precursor for a third party for the purpose of evading this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. (720 ILCS 648/40) ????Sec. 40. Penalties. (b) Violations of Section 15, 20, 25, 30, or 35 of this Act, other than violations of subsection (b) or (f) of Section 20 of this Act.??????? (1) Any pharmacy or retail distributor that violates ????Section 15, 20, 25, 30, or 35 of this Act, other than ????subsection (b) or (f) of Section 20 of this Act, is guilty ????of a petty offense and subject to a fine of $500 for a ????first offense; and $1,000 for a second offense occurring at ????the same retail location as and within 3 years of the prior ????offense. A pharmacy or retail distributor that violates ????this Act is guilty of a business offense and subject to a ????fine of $5,000 for a third or subsequent offense occurring ????at the same retail location as and within 3 years of the ????prior offenses.????????(2) An employee or agent of a pharmacy or retail ????distributor who violates Section 15, 20, 25, 30, or 35 of ????this Act, other than subsection (b) or (f) of Section 20 of ????this Act, is guilty of a Class A misdemeanor for a first ????offense, a Class 4 felony for a second offense, and a Class ????1 felony for a third or subsequent offense.????????(3) Any other person who violates Section 15, 20, 25, ????30, or 35 of this Act, other than subsection (b) or (f) of ????Section 20 of this Act, is guilty of a Class B misdemeanor ????for a first offense, a Class A misdemeanor for a second ????offense, and a Class 4 felony for a third or subsequent ????offense.????(c) (Blank).????(d) (Blank).????(e) Any person who, in order to acquire a targeted methamphetamine precursor, knowingly uses or provides the driver's license or government-issued identification of another person, or who knowingly uses or provides a fictitious or unlawfully altered driver's license or government-issued identification, or who otherwise knowingly provides false information, is guilty of a Class 4 felony for a first offense, a Class 3 felony for a second offense, and a Class 2 felony for a third or subsequent offense.????For purposes of this subsection (e), the terms "fictitious driver's license", "unlawfully altered driver's license", and "false information" have the meanings ascribed to them in Section 6-301.1 of the Illinois Vehicle Code. ????(f) Any person who violates subsection (f) of Section 20 of this Act is guilty of a Class A misdemeanor for the first conviction, and a Class 4 felony for a second or subsequent conviction. ELECTRONIC CIGARETTE-MINORPublic Act 98-0350 Effective Date: (SB1756)January 1, 2014(720 ILCS 675/1.5 new)????Sec. 1.5. Distribution of alternative nicotine products to persons under 18 years of age prohibited.????(a) For the purposes of this Section, "alternative nicotine product" means a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in Section 1 of this Act and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.????(b) A person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to a person under 18 years of age.????(c) Before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product shall verify that the person is at least 18 years of age by:????????(1) examining from any person that appears to be under ????27 years of age a government-issued photographic ????identification that establishes the person is at least 18 ????years of age or????????(2) for sales made though the Internet or other remote ????sales methods, performing an age verification through an ????independent, third-party age verification service that ????compares information available from public records to the ????personal information entered by the person during the ????ordering process that establishes the person is 18 years of ????age or older. (720 ILCS 675/2)??(from Ch. 23, par. 2358) ????Sec. 2. Penalties. ????(a) Any person who violates subsection (a), (a-5), or (a-6) of Section 1 or Section 1.5 of this Act is guilty of a petty offense and for the first offense shall be fined $200, $400 for the second offense in a 12-month period, and $600 for the third or any subsequent offense in a 12-month period. CODE OF CRIMINAL PROCEDURE – 725 ILCSDRONE SURVEILLANCEPublic Act 98-0569 Effective Date: (SB1587)January 1, 2014?????Section 1. Short title. This Act may be cited as the Freedom from Drone Surveillance Act.?????Section 5. Definitions. As used in this Act:????"Authority" means the Illinois Criminal Justice Information Authority.????"Drone" means any aerial vehicle that does not carry a human operator.????"Information" means any evidence, images, sounds, data, or other information gathered by a drone.????"Law enforcement agency" means any agency of this State or a political subdivision of this State which is vested by law with the duty to maintain public order and to enforce criminal laws. ?????Section 10. Prohibited use of drones. Except as provided in Section 15, a law enforcement agency may not use a drone to gather information.?????Section 15. Exceptions. This Act does not prohibit the use of a drone by a law enforcement agency:????(1) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is that risk.????(2) If a law enforcement agency first obtains a search warrant based on probable cause issued under Section 108-3 of the Code of Criminal Procedure of 1963. The warrant must be limited to a period of 45 days, renewable by the judge upon a showing of good cause for subsequent periods of 45 days.????(3) If a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life, or to forestall the imminent escape of a suspect or the destruction of evidence. The use of a drone under this paragraph (3) is limited to a period of 48 hours. Within 24 hours of the initiation of the use of a drone under this paragraph (3), the chief executive officer of the law enforcement agency must report in writing the use of a drone to the local State's Attorney.????(4) If a law enforcement agency is attempting to locate a missing person, and is not also undertaking a criminal investigation.????(5) If a law enforcement agency is using a drone solely for crime scene and traffic crash scene photography. Crime scene and traffic crash photography must be conducted in a geographically confined and time-limited manner to document specific occurrences. The use of a drone under this paragraph (5) on private property requires either a search warrant based on probable cause under Section 108-3 of the Code of Criminal Procedure of 1963 or lawful consent to search. The use of a drone under this paragraph (5) on lands, highways, roadways, or areas belonging to this State or political subdivisions of this State does not require a search warrant or consent to search. Any law enforcement agency operating a drone under this paragraph (5) shall make every reasonable attempt to only photograph the crime scene or traffic crash scene and avoid other areas. ?????Section 20. Information retention. If a law enforcement agency uses a drone under Section 15 of this Act, the agency within 30 days shall destroy all information gathered by the drone, except that a supervisor at that agency may retain particular information if:????(1) there is reasonable suspicion that the information contains evidence of criminal activity, or????(2) the information is relevant to an ongoing investigation or pending criminal trial. ?????Section 25. Information disclosure. If a law enforcement agency uses a drone under Section 15 of this Act, the agency shall not disclose any information gathered by the drone, except that a supervisor of that agency may disclose particular information to another government agency, if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial.?????Section 30. Admissibility. If the court finds by a preponderance of the evidence that a law enforcement agency used a drone to gather information in violation of the information gathering limits in Sections 10 and 15 of this Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. 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 U.S. Constitution or Article I, Section 6 of the Illinois Constitution to the information. Nothing in this Act shall be deemed to prevent a court from independently reviewing the admissibility of the information for compliance with the aforementioned provisions of the U.S. and Illinois Constitutions.?????Section 35. Reporting. ????(a) If a law enforcement agency owns one or more drones, then subsequent to the effective date of this Act, it shall report in writing annually by April 1 to the Authority the number of drones that it owns.????(b) On July 1 of each year, the Authority shall publish on its publicly available website a concise report that lists every law enforcement agency that owns a drone, and for each of those agencies, the number of drones that it owns. VEH CD-CAR ELECTRONIC TRACKINGPublic Act 98-0381 Effective Date: (HB1199)January 1, 2014(720 ILCS 5/21-2.5 new)????Sec. 21-2.5. Electronic tracking devices prohibited.????(a) As used in this Section:????????"Electronic tracking device" means any device attached ????to a vehicle that reveals its location or movement by the ????transmission of electronic signals.????????"State agency" means all departments, officers, ????commissions, boards, institutions, and bodies politic and ????corporate of the State. The term, however, does not mean ????the judicial branch, including, without limitation, the ????several courts of the State, the offices of the clerk of ????the supreme court and the clerks of the appellate court, ????and the Administrative Office of the Illinois Courts, nor ????does it mean the legislature or its committees or ????commissions. ????????"Telematics" includes, but is not limited to, ????automatic airbag deployment and crash notification, remote ????diagnostics, navigation, stolen vehicle location, remote ????door unlock, transmitting emergency and vehicle location ????information to public safety answering points, and any ????other service integrating vehicle location technology and ????wireless communications. ????????"Vehicle" has the meaning ascribed to it in Section ????1-217 of the Illinois Vehicle Code. ????(b) A person or entity in this State may not use an electronic tracking device to determine the location or movement of a person.????(c) This Section does not apply: ????????(1) when the registered owner, lessor, or lessee of a ????vehicle has consented to the use of the electronic tracking ????device with respect to that vehicle;????????(2) to the lawful use of an electronic tracking device ????by a law enforcement agency;????????(3) when the vehicle is owned or leased by a business ????that is authorized to transact business in this State and ????the tracking device is used by the business for the purpose ????of tracking vehicles driven by employees of that business, ????its affiliates, or contractors of that business or its ????affiliates;????????(4) when the vehicle is under the control of a State ????agency and the electronic tracking device is used by the ????agency, or the Inspector General appointed under the State ????Officials and Employees Ethics Act who has jurisdiction ????over that State agency, for the purpose of tracking ????vehicles driven by employees or contractors of that State ????agency; or ????????(5) telematic services that were installed by the ????manufacturer, or installed by or with the consent of the ????owner or lessee of the vehicle and to which the owner or ????lessee has subscribed. Consent by the owner or lessee of ????the vehicle constitutes consent for any other driver or ????passenger of that vehicle. ????(d) Sentence. A violation of this Section is a Class A misdemeanor. CRIMINAL JUSTICE-RECORDINGS **CCSAO INITIATIVE**Public Act 98-0547 Effective Date: (SB1006)January 1, 2014? (705 ILCS 405/5-401.5) ????Sec. 5-401.5. When statements by minor may be used. ????(a) In this Section, "custodial interrogation" means any interrogation (i) during which a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response. ????In this Section, "electronic recording" includes motion picture, audiotape, videotape, or digital recording. ????In this Section, "place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those persons or allegations that those persons are delinquent minors. ????(b) An oral, written, or sign language statement of a minor who, at the time of the commission of the offense was under the age of 17 years, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 93rd General Assembly shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, for an act that if committed by an adult would be brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or the Criminal Code of 2012, or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code unless: ????????(1) an electronic recording is made of the custodial ????interrogation; and ????????(2) the recording is substantially accurate and not ????intentionally altered. ????(b-5) Under the following circumstances, an oral, written, or sign language statement of a minor who, at the time of the commission of the offense was under the age of 17 years, made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the minor, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered:????????(1) in any criminal proceeding or juvenile court ????proceeding, for an act that if committed by an adult would ????be brought under Section 11-1.40 or 20-1.1 of the Criminal ????Code of 1961 or the Criminal Code of 2012, if the custodial ????interrogation was conducted on or after June 1, 2014;????????(2) in any criminal proceeding or juvenile court ????proceeding, for an act that if committed by an adult would ????be brought under Section 10-2, 18-4, or 19-6 of the ????Criminal Code of 1961 or the Criminal Code of 2012, if the ????custodial interrogation was conducted on or after June 1, ????2015; and????????(3) in any criminal proceeding or juvenile court ????proceeding, for an act that if committed by an adult would ????be brought under Section 11-1.30 or 18-2 or subsection (e) ????of Section 12-3.05 of the Criminal Code of 1961 or the ????Criminal Code of 2012, if the custodial interrogation was ????conducted on or after June 1, 2016. ????(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section of a minor who, at the time of the commission of the offense was under the age of 17 years, the minor makes a statement that creates a reasonable suspicion to believe the minor has committed an act that if committed by an adult would be an offense other than an offense required to be recorded under subsection (b) or (b-5), the interrogators may, without the minor's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Any oral, written, or sign language statement of a minor made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, unless the recording is substantially accurate and not intentionally altered.????(c) Every electronic recording made required under this Section must be preserved until such time as the minor's adjudication for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law. ????(d) If the court finds, by a preponderance of the evidence, that the minor was subjected to a custodial interrogation in violation of this Section, then any statements made by the minor during or following that non-recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding or juvenile court proceeding against the minor except for the purposes of impeachment. ????(e) Nothing in this Section precludes the admission (i) of a statement made by the minor in open court in any criminal proceeding or juvenile court proceeding, before a grand jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that was not recorded as required by this Section because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out-of-state, (viii) of a statement given in violation of subsection (b) at a time when the interrogators are unaware that a death has in fact occurred, (ix) of a statement given in violation of subsection (b-5) at a time when the interrogators are unaware of facts and circumstances that would create probable cause to believe that the minor committed an act that if committed by an adult would be an offense required to be recorded under subsection (b-5), or (x) or (ix) of any other statement that may be admissible under law. The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions described in this subsection (e) is applicable. Nothing in this Section precludes the admission of a statement, otherwise inadmissible under this Section, that is used only for impeachment and not as substantive evidence. ????(f) The presumption of inadmissibility of a statement made by a suspect at a custodial interrogation at a police station or other place of detention may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances. ????(g) Any electronic recording of any statement made by a minor during a custodial interrogation that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section. ????(h) A statement, admission, confession, or incriminating information made by or obtained from a minor related to the instant offense, as part of any behavioral health screening, assessment, evaluation, or treatment, whether or not court-ordered, shall not be admissible as evidence against the minor on the issue of guilt only in the instant juvenile court proceeding. The provisions of this subsection (h) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency proceedings of information obtained during screening, assessment, or treatment. ?? (725 ILCS 5/103-2.1) ????Sec. 103-2.1. When statements by accused may be used. ????(a) In this Section, "custodial interrogation" means any interrogation during which (i) a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response. ????In this Section, "place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency, not a courthouse, that is owned or operated by a law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those persons. ????In this Section, "electronic recording" includes motion picture, audiotape, or videotape, or digital recording. ????(b) An oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961 or the Criminal Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code unless: ????????(1) an electronic recording is made of the custodial ????interrogation; and ????????(2) the recording is substantially accurate and not ????intentionally altered. ????(b-5) Under the following circumstances, an oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered:????????(1) in any criminal proceeding brought under Section ????11-1.40 or 20-1.1 of the Criminal Code of 1961 or the ????Criminal Code of 2012, if the custodial interrogation was ????conducted on or after June 1, 2014;????????(2) in any criminal proceeding brought under Section ????10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the ????Criminal Code of 2012, if the custodial interrogation was ????conducted on or after June 1, 2015; and????????(3) in any criminal proceeding brought under Section ????11-1.30 or 18-2 or subsection (e) of Section 12-3.05 of the ????Criminal Code of 1961 or the Criminal Code of 2012, if the ????custodial interrogation was conducted on or after June 1, ????2016. ????(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section, the accused makes a statement that creates a reasonable suspicion to believe the accused has committed an offense other than an offense required to be recorded under subsection (b) or (b-5), the interrogators may, without the accused's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Any oral, written, or sign language statement of an accused made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding, unless the recording is substantially accurate and not intentionally altered.????(c) Every electronic recording made required under this Section must be preserved until such time as the defendant's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law. ????(d) If the court finds, by a preponderance of the evidence, that the defendant was subjected to a custodial interrogation in violation of this Section, then any statements made by the defendant during or following that non-recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding against the defendant except for the purposes of impeachment. ????(e) Nothing in this Section precludes the admission (i) of a statement made by the accused in open court at his or her trial, before a grand jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that was not recorded as required by this Section, because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out-of-state, (viii) of a statement given in violation of subsection (b) at a time when the interrogators are unaware that a death has in fact occurred, (ix) of a statement given in violation of subsection (b-5) at a time when the interrogators are unaware of facts and circumstances that would create probable cause to believe that the accused committed an offense required to be recorded under subsection (b-5), or (x) or (ix) of any other statement that may be admissible under law. The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions described in this subsection (e) is applicable. Nothing in this Section precludes the admission of a statement, otherwise inadmissible under this Section, that is used only for impeachment and not as substantive evidence. ????(f) The presumption of inadmissibility of a statement made by a suspect at a custodial interrogation at a police station or other place of detention may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances. ????(g) Any electronic recording of any statement made by an accused during a custodial interrogation that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section.CRIM PRO ARRESTPublic Act 98-0576 Effective Date: (SB1852)January 1, 2014(725 ILCS 5/107-4)??(from Ch. 38, par. 107-4) ????Sec. 107-4. Arrest by peace officer from other jurisdiction.(a-3) Any peace officer employed by a law enforcementagency of this State may conduct temporary questioning pursuant to Section 107-14 of this Code and may make arrests in any jurisdiction within this State: (1) if the officer is engaged in the investigation of criminal activity an offense that occurred in the officer's primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted or the arrest is made pursuant to that investigation; or (2) if the officer, while on duty as a peace officer, becomes personally aware of the immediate commission of a felony or misdemeanor violation of the laws of this State; or (3) if the officer, while on duty as a peace officer, is requested by an appropriate State or local law enforcement official to render aid or assistance to the requesting law enforcement agency that is outside the officer's primary jurisdiction; or (4) in accordance with Section 2605-580 of the Department of State Police Law of the Civil Administrative Code of Illinois. While acting pursuant to this subsection, an officer has the same authority as within his or her own jurisdiction. CRIM PRO-NON CITIZENS ARRESTEDPublic Act 98-0143 Effective Date: (SB0039)January 1, 2014(725 ILCS 5/109-1)??(from Ch. 38, par. 109-1) ????Sec. 109-1. Person arrested. ????(a) A person arrested with or without a warrant shall be taken without unnecessary delay before the nearest and most accessible judge in that county, except when such county is a participant in a regional jail authority, in which event such person may be taken to the nearest and most accessible judge, irrespective of the county where such judge presides, and a charge shall be filed. Whenever a person arrested either with or without a warrant is required to be taken before a judge, a charge may be filed against such person by way of a two-way closed circuit television system, except that a hearing to deny bail to the defendant may not be conducted by way of closed circuit television. ????(b) The judge shall: ????????(1) Inform the defendant of the charge against him and ????shall provide him with a copy of the charge; ????????(2) Advise the defendant of his right to counsel and if ????indigent shall appoint a public defender or licensed ????attorney at law of this State to represent him in ????accordance with the provisions of Section 113-3 of this ????Code; ????????(3) Schedule a preliminary hearing in appropriate ????cases; and ????????(4) Admit the defendant to bail in accordance with the ????provisions of Article 110 of this Code; and . ????????(5) Order the confiscation of the person's passport or ????impose travel restrictions on a defendant arrested for ????first degree murder or other violent crime as defined in ????Section 3 of the Rights of Crime Victims and Witnesses Act, ????if the judge determines based on the factors in Section ????110-5 of this Code, that this will reasonably assure the ????appearance of the defendant and compliance by the defendant ????with all conditions of release. ????(c) The court may issue an order of protection in accordance with the provisions of Article 112A of this Code. CRIMINAL LAW-TECH (Foundational Evidence via Internet)) Public Act 98-0579 Effective Date: (SB1968)January 1, 2014(725 ILCS 5/115-5)??(from Ch. 38, par. 115-5) ????Sec. 115-5. Business records as evidence. ? (d) Upon request of the moving party and with reasonable notice given to the opposing party, in a criminal prosecution in which the defendant is accused of an offense under Article 16 or 17 of the Criminal Code of 1961 or the Criminal Code of 2012, the court may, after a hearing, for good cause and upon appropriate safeguards, permit live foundational testimony business records as evidence, subject to cross-examination, in open court by means of a contemporaneous audio and video transmission from outside of this State. CRIM PRO EVIDENCE **CCSAO INITIATIVE**Public Act 98-0160 Effective Date: (SB1814)January 1, 2014?(725 ILCS 5/115-7.3) ????Sec. 115-7.3. Evidence in certain cases. ????(a) This Section applies to criminal cases in which: ????????(1) the defendant is accused of predatory criminal ????sexual assault of a child, aggravated criminal sexual ????assault, criminal sexual assault, aggravated criminal ????sexual abuse, criminal sexual abuse, child pornography, ????aggravated child pornography, or criminal transmission of ????HIV, or child abduction as defined in paragraph (10) of ????subsection (b) of Section 10-5 of the Criminal Code of 1961 ????or the Criminal Code of 2012; ? (2) the defendant is accused of battery, aggravated ????battery, first degree murder, or second degree murder when ????the commission of the offense involves sexual penetration ????or sexual conduct as defined in Section 11-0.1 of the ????Criminal Code of 2012; or ????????(3) the defendant is tried or retried for any of the ????offenses formerly known as rape, deviate sexual assault,????indecent liberties with a child, or aggravated indecent ????liberties with a child. CRIM PRO VICTIM PRIVACY **CCSAO INITIATIVE**Public Act 98-0416 Effective Date: (HB2471)January 1, 2014(725 ILCS 5/111-3)??(from Ch. 38, par. 111-3) ????Sec. 111-3. Form of charge. ????(a) A charge shall be in writing and allege the commission of an offense by: ????????(1) Stating the name of the offense; ????????(2) Citing the statutory provision alleged to have been ????violated; ????????(3) Setting forth the nature and elements of the ????offense charged; ????????(4) Stating the date and county of the offense as ????definitely as can be done; and ????????(5) Stating the name of the accused, if known, and if ????not known, designate the accused by any name or description ????by which he can be identified with reasonable certainty. ????(a-5) If the victim is alleged to have been subjected to an offense involving an illegal sexual act including, but not limited to, a sexual offense defined in Article 11 or Section 10-9 of the Criminal Code of 2012, the charge shall state the identity of the victim by name, initials, or description. ????(b) An indictment shall be signed by the foreman of the Grand Jury and an information shall be signed by the State's Attorney and sworn to by him or another. A complaint shall be sworn to and signed by the complainant; provided, that when a peace officer observes the commission of a misdemeanor and is the complaining witness, the signing of the complaint by the peace officer is sufficient to charge the defendant with the commission of the offense, and the complaint need not be sworn to if the officer signing the complaint certifies that the statements set forth in the complaint are true and correct and are subject to the penalties provided by law for false certification under Section 1-109 of the Code of Civil Procedure and perjury under Section 32-2 of the Criminal Code of 2012; and further provided, however, that when a citation is issued on a Uniform Traffic Ticket or Uniform Conservation Ticket (in a form prescribed by the Conference of Chief Circuit Judges and filed with the Supreme Court), the copy of such Uniform Ticket which is filed with the circuit court constitutes a complaint to which the defendant may plead, unless he specifically requests that a verified complaint be filed. ????(c) When the State seeks an enhanced sentence because of a prior conviction, the charge shall also state the intention to seek an enhanced sentence and shall state such prior conviction so as to give notice to the defendant. However, the fact of such prior conviction and the State's intention to seek an enhanced sentence are not elements of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. For the purposes of this Section, "enhanced sentence" means a sentence which is increased by a prior conviction from one classification of offense to another higher level classification of offense set forth in Section 5-4.5-10 of the Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not include an increase in the sentence applied within the same level of classification of offense. ????(c-5) Notwithstanding any other provision of law, in all cases in which the imposition of the death penalty is not a possibility, if an alleged fact (other than the fact of a prior conviction) is not an element of an offense but is sought to be used to increase the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense, the alleged fact must be included in the charging instrument or otherwise provided to the defendant through a written notification before trial, submitted to a trier of fact as an aggravating factor, and proved beyond a reasonable doubt. Failure to prove the fact beyond a reasonable doubt is not a bar to a conviction for commission of the offense, but is a bar to increasing, based on that fact, the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for that offense. Nothing in this subsection (c-5)requires the imposition of a sentence that increases the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense if the imposition of that sentence is not required by law. ????(d) At any time prior to trial, the State on motion shall be permitted to amend the charge, whether brought by indictment, information or complaint, to make the charge comply with subsection (c) or (c-5) of this Section. Nothing in Section 103-5 of this Code precludes such an amendment or a written notification made in accordance with subsection (c-5) of this Section. ????(e) The provisions of subsection (a) of Section 5-4.5-95 of the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall not be affected by this Section.CRIM PRO-SEX OFFEND EVALUATORPublic Act 98-0088 Effective Date: (SB1322)July 15, 2013(725 ILCS 205/4)??(from Ch. 38, par. 105-4) ????Sec. 4. After the filing of the petition, the court shall appoint two qualified evaluators psychiatrists to make a personal examination of the such alleged sexually dangerous person, to ascertain whether the such person is sexually dangerous, and the evaluators psychiatrists shall file with the court a report in writing of the result of their examination, a copy of which shall be delivered to the respondent. ?(725 ILCS 205/4.01)??(from Ch. 38, par. 105-4.01) ????Sec. 4.01. "Qualified evaluator psychiatrist" means a reputable physician or psychologist licensed in Illinois or any other state to practice medicine or psychology, or any other licensed professional who specializes in the evaluation of sex offenders in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years. ? (725 ILCS 205/4.02)??(from Ch. 38, par. 105-4.02) ????Sec. 4.02. In counties of less than 500,000 inhabitants the cost of the psychiatric examination required by Section 4 is a charge against and shall be paid out of the general fund of the county in which the proceeding is brought. ?(725 ILCS 205/4.04 new)????Sec. 4.04. Examination. "Examination" means an examination conducted in conformance with the standards developed under the Sex Offender Management Board Act and by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act.?(725 ILCS 205/4.05 new)????Sec. 4.05. Criminal propensities to the commission of sex offenses. For the purposes of this Act, "criminal propensities to the commission of sex offenses" means that it is substantially probable that the person subject to the commitment proceeding will engage in the commission of sex offenses in the future if not confined.? (725 ILCS 205/5)??(from Ch. 38, par. 105-5) ????Sec. 5. The respondent in any proceedings under this Act shall have the right to demand a trial by jury and to be represented by counsel. The cost of representation by counsel for an indigent respondent shall be paid by the county in which the proceeding is brought. At the hearing on the petition it shall be competent to introduce evidence of the commission by the respondent of any number of crimes together with whatever punishments, if any, were inflicted. (725 ILCS 205/9)??(from Ch. 38, par. 105-9) ????Sec. 9. Recovery; examination and hearing. ????(a) An application in writing setting forth facts showing that the such sexually dangerous person or criminal sexual psychopathic person has recovered may be filed before the committing court. Upon receipt thereof, the clerk of the court shall cause a copy of the application to be sent to the Director of the Department of Corrections. The Director shall then cause to be prepared and sent to the court a socio-psychiatric report concerning the applicant. The report shall be prepared by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act a social worker and psychologist under the supervision of a licensed psychiatrist assigned to the institution wherein such applicant is confined. The court shall set a date for the hearing upon the such application and shall consider the report so prepared under the direction of the Director of the Department of Corrections and any other relevant information submitted by or on behalf of the such applicant.????(b) At a hearing under this Section, the Attorney General or State's Attorney who filed the original application shall represent the State. The sexually dangerous person or the State may elect to have the hearing before a jury. The State has the burden of proving by clear and convincing evidence that the applicant is still a sexually dangerous person.????(c) If the applicant refuses to speak to, communicate with, or otherwise fails to cooperate with the State's examiner, the applicant may only introduce evidence and testimony from any expert or professional person who is retained to conduct an examination based upon review of the records and may not introduce evidence resulting from an examination of the person. Notwithstanding the provisions of Section 10 of the Mental Health and Developmental Disabilities Confidentiality Act, all evaluations conducted under this Act and all Illinois Department of Corrections treatment records shall be admissible at all proceedings held under this Act. ????(d) If a person has previously filed an application in writing setting forth facts showing that the sexually dangerous person or criminal sexual psychopathic person has recovered and the court determined either at a hearing or following a jury trial that the applicant is still a sexually dangerous person, or if the application is withdrawn, no additional application may be filed for 2 years one year after a finding that the person is still sexually dangerous or after the application is withdrawn, except if the application is accompanied by a statement from the treatment provider that the applicant has made exceptional progress and the application contains facts upon which a court could find that the condition of the person had so changed that a hearing is warranted. ????(e) If the person is found to be no longer dangerous, the court shall order that he or she be discharged. If the court finds that the person appears no longer to be dangerous but that it is impossible to determine with certainty under conditions of institutional care that the such person has fully recovered, the court shall enter an order permitting the such person to go at large subject to the such conditions and such supervision by the Director as in the opinion of the court will adequately protect the public. In the event the person violates any of the conditions of the such order, the court shall revoke the such conditional release and recommit the person under pursuant to Section 5-6-4 of the Unified Code of Corrections under the terms of the original commitment. Upon an order of discharge every outstanding information and indictment, the basis of which was the reason for the present detention, shall be quashed. UNIFORM CODE OF CORRECTIONS – 730 ILCSPROBATION-TRANSFER CASEPublic Act 98-0575 Effective Date: (SB1843)January 1, 2014(705 ILCS 405/5-715) ????Sec. 5-715. Probation.?(5.5) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred, or which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i) of Section 5-6-3 of the Unified Code of Corrections. For all transfer cases, as defined in Section 9b of the Probation and Probation Officers Act, the probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. After the transfer, all probation fees shall be paid to the probation department within the circuit to which jurisdiction has been transferred. ????If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles. (730 ILCS 5/5-6-3)??(from Ch. 38, par. 1005-6-3)????Sec. 5-6-3. Conditions of Probation and of Conditional Discharge. ?(h) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred, or which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i). For all transfer cases, as defined in Section 9b of the Probation and Probation Officers Act, the The probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. After the transfer all probation fees shall be paid to the probation department within the circuit to which jurisdiction has been transferred. (730 ILCS 110/9b)??(from Ch. 38, par. 204-1b) ????Sec. 9b. For the purposes of this Act, the words and phrases described in this Section have the meanings designated in this Section, except when a particular context clearly requires a different meaning.(8) "Transfer case" means any case where an adult or juvenile offender seeks to have supervision transferred from one county to another or from another state to a county in Illinois, and the transfer is approved by a judicial officer, a department, or through an interstate compact. CRIMINAL LAW-TECH (VICTIM IMPACT STATEMENTS) Public Act 98-0372 Effective Date: (SB0827)January 1, 2014?(725 ILCS 120/4.5) ????Sec. 4.5. Procedures to implement the rights of crime victims. To afford crime victims their rights, law enforcement, prosecutors, judges and corrections will provide information, as appropriate of the following procedures:(b) The office of the State's Attorney: ?(9.5) shall inform the victim of (A) the victim's right ????under Section 6 of this Act to make a victim impact ????statement at the sentencing hearing; (B) the right of the ????victim's spouse, guardian, parent, grandparent and other ????immediate family and household members under Section 6 of ????this Act to present an impact statement at sentencing; and ????(C) if a presentence report is to be prepared, the right of ????the victim's spouse, guardian, parent, grandparent and ????other immediate family and household members to submit ????information to the preparer of the presentence report about ????the effect the offense has had on the victim and the ????person; ?(730 ILCS 5/5-3-2)??(from Ch. 38, par. 1005-3-2) ????Sec. 5-3-2. Presentence Report. ????(a) In felony cases, the presentence report shall set forth: ?(3.5) information provided by the victim's spouse, ????guardian, parent, grandparent, and other immediate family ????and household members about the effect the offense ????committed has had on the victim and on the person providing ????the information; if the victim's spouse, guardian, parent, ????grandparent, or other immediate family or household member ????has provided a written statement, the statement shall be ????attached to the report; CD CORR-MINIMUM TERM-DETENTIONPublic Act 98-0161 Effective Date: (SB1854)January 1, 2014(730 ILCS 5/5-1-10)??(from Ch. 38, par. 1005-1-10) ????Sec. 5-1-10. Imprisonment. ????"Imprisonment" means incarceration in a correctional institution under a sentence of imprisonment and does not include "periodic imprisonment" under Article 7. "Imprisonment" also includes electronic home detention served by an offender after (i) the offender has been committed to the custody of the sheriff to serve the sentence and (ii) the sheriff has placed the offender in an electronic home detention program in accordance with Article 8A of Chapter V of this Code. ?(730 ILCS 5/5-8A-8 new)????Sec. 5-8A-8. Service of a minimum term of imprisonment. When an offender is sentenced under a provision of law that requires the sentence to include a minimum term of imprisonment and the offender is committed to the custody of the sheriff to serve the sentence, the sheriff may place the offender in an electronic home detention program for service of that minimum term of imprisonment unless (i) the offender was convicted of an excluded offense or (ii) the court's sentencing order specifies that the minimum term of imprisonment shall be served in a county correctional facility. CD CORR-MOB ACTION-ELECTRONICPublic Act 98-0014 Effective Date: (SB1005)January 1, 2014? (730 ILCS 5/5-5-3.2) ????Sec. 5-5-3.2. Factors in Aggravation and Extended-Term Sentencing.(c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses: (8) When the defendant is convicted of attempted mob ????action, solicitation to commit mob action, or conspiracy to ????commit mob action under Section 8-1, 8-2, or 8-4 of the ????Criminal Code of 2012, where the criminal object is a ????violation of Section 25-1 of the Criminal Code of 2012, and ????an electronic communication is used in the commission of ????the offense. For the purposes of this paragraph (8), ????"electronic communication" shall have the meaning provided ????in Section 26.5-0.1 of the Criminal Code of 2012. CD CORR-CHILD PORN FEEPublic Act 98-0359 Effective Date: (HB0181)January 1, 2014?(730 ILCS 5/5-9-1.14)????Sec. 5-9-1.14. Additional child pornography fines. In addition to any other penalty imposed, a fine of $500 shall be imposed upon a person convicted of child pornography under Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012. The Such additional fine shall be assessed by the court imposing sentence and shall be collected by the circuit clerk. Of this fee, $5 shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the circuit clerk Clerk of the Circuit Court to be used to offset the costs incurred by the circuit clerk Circuit Court Clerk in performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law. Each such additional fine shall be remitted by the circuit clerk Circuit Court Clerk within one month after receipt to the unit of local or State government whose law enforcement officers investigated the case that gave rise to the conviction of the defendant for child pornography. When Department of State Police officers investigated the case that gave rise to the conviction of the defendant for child pornography, the additional fine shall be remitted by the circuit clerk within one month after receipt to the Department of State Police for deposit into the State Crime Laboratory Fund. When the Department of State Police provides digital or electronic forensic examination assistance, or both, to another law enforcement agency which investigated the case that gave rise to the conviction of the defendant for child pornography, $100 of the additional fine shall be remitted by the circuit clerk within one month after receipt to the Department of State Police for deposit into the State Crime Laboratory Fund.CRIMINAL LAW-TECH (Default Payments)Public Act 98-0373 Effective Date: (HB0830)January 1, 2014(730 ILCS 5/5-9-3)??(from Ch. 38, par. 1005-9-3) ????Sec. 5-9-3. Default. ????(e) A default in the payment of a fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or any installment thereof may be collected by any and all means authorized for the collection of money judgments. The State's Attorney of the county in which the fine, fee, cost, order of restitution, judgment of bond forfeiture, or judgment order of forfeiture was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or installment thereof. An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, shall is to be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court. The additional fee shall be payable to the State's Attorney in order to compensate the State's Attorney for costs incurred in collecting the delinquent amount. The State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Any agreement between the State's Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county. A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum. CD CORR-EARLY RELEASE-EMAILPublic Act 98-0267 Effective Date: (HB3029)January 1, 2014(730 ILCS 5/3-14-1)??(from Ch. 38, par. 1003-14-1) ????Sec. 3-14-1. Release from the Institution.(c) Except as otherwise provided in this Code, the Department shall establish procedures to provide written notification of any release of any person who has been convicted of a felony to the State's Attorney and sheriff of the county from which the offender was committed, and the State's Attorney and sheriff of the county into which the offender is to be paroled or released. Except as otherwise provided in this Code, the Department shall establish procedures to provide written notification to the proper law enforcement agency for any municipality of any release of any person who has been convicted of a felony if the arrest of the offender or the commission of the offense took place in the municipality, if the offender is to be paroled or released into the municipality, or if the offender resided in the municipality at the time of the commission of the offense. If a person convicted of a felony who is in the custody of the Department of Corrections or on parole or mandatory supervised release informs the Department that he or she has resided, resides, or will reside at an address that is a housing facility owned, managed, operated, or leased by a public housing agency, the Department must send written notification of that information to the public housing agency that owns, manages, operates, or leases the housing facility. The written notification shall, when possible, be given at least 14 days before release of the person from custody, or as soon thereafter as possible. The written notification shall be provided electronically if the State's Attorney, sheriff, proper law enforcement agency, or public housing agency has provided the Department with an accurate and up to date email address. PROBATION-REDEPLOY ILPublic Act 98-0060 Effective Date: (HB2401)January 1, 2014(730 ILCS 110/16.1)(c) A county or group of counties may develop an agreement with the Department of Human Services to reduce their number of commitments of juvenile offenders, excluding minors sentenced based upon a finding of guilt of first degree murder or an offense which is a Class X forcible felony as defined in the Criminal Code of 2012 1961, to the Department of Juvenile Justice, and then use the savings to develop local programming for youth who would otherwise have been committed to the Department of Juvenile Justice. A county or group of counties shall agree to limit their commitments to 75% of the level of commitments from the average number of juvenile commitments for the past 3 years, and will receive the savings to redeploy for local programming for juveniles who would otherwise be held in confinement. For any county or group of counties with a decrease of juvenile commitments of at least 25%, based on the average reductions of the prior 3 years, which are chosen to participate or continue as sites, the Redeploy Illinois Oversight Board has the authority to reduce the required percentage of future commitments to achieve the purpose of this Section. The agreement shall set forth the following: ????????(1) a Statement of the number and type of juvenile ????offenders from the county who were held in secure ????confinement by the Illinois Department of Juvenile Justice ????or in county detention the previous year, and an ????explanation of which, and how many, of these offenders ????might be served through the proposed Redeploy Illinois ????Program for which the funds shall be used; ????????(2) a Statement of the service needs of currently ????confined juveniles; ????????(3) a Statement of the type of services and programs to ????provide for the individual needs of the juvenile offenders, ????and the research or evidence base that qualifies those ????services and programs as proven or promising practices; ????????(4) a budget indicating the costs of each service or ????program to be funded under the plan; ????????(5) a summary of contracts and service agreements ????indicating the treatment goals and number of juvenile ????offenders to be served by each service provider; and ????????(6) a Statement indicating that the Redeploy Illinois ????Program will not duplicate existing services and programs. ????Funds for this plan shall not supplant existing county ????funded programs. ????In a county with a population exceeding 2,000,000, the Redeploy Illinois Oversight Board may authorize the Department of Human Services to enter into an agreement with that county to reduce the number of commitments by the same percentage as is required by this Section of other counties, and with all of the same requirements of this Act, including reporting and evaluation, except that the agreement may encompass a clearly identifiable geographical subdivision of that county. The geographical subdivision may include, but is not limited to, a police district or group of police districts, a geographical area making up a court calendar or group of court calendars, a municipal district or group of municipal districts, or a municipality or group of municipalities. VETERANS&MENTAL HEALTH COURTS **CCSAO INITIATIVE**Public Act 98-0152 Effective Date: (SB1497)January 1, 2014(730 ILCS 167/20) ????Sec. 20. Eligibility. Veterans and Servicemembers are eligible for Veterans and Servicemembers Courts, provided the following: ????(a) A defendant, who is eligible for probation based on the nature of the crime convicted of and in consideration of his or her criminal background, if any, may be admitted into a Veterans and Servicemembers Court program only upon the agreement of the prosecutor and the defendant and with the approval of the Court. ????(b) A defendant shall be excluded from Veterans and Servicemembers Court program if any of one of the following applies: ????????(1) The crime is a crime of violence as set forth in ????clause (3) of this subsection (b).????????(2) The defendant does not demonstrate a willingness to ????participate in a treatment program. ????????(3) The defendant has been convicted of a crime of ????violence within the past 10 years excluding incarceration ????time, including but not limited to: first degree murder, ????second degree murder, predatory criminal sexual assault of ????a child, aggravated criminal sexual assault, criminal ????sexual assault, armed robbery, aggravated arson, arson, ????aggravated kidnapping and kidnapping, aggravated battery ????resulting in great bodily harm or permanent disability, ????stalking, aggravated stalking, or any offense involving ????the discharge of a firearm or where occurred serious bodily ????injury or death to any person.????????(4) (Blank). ????????(5) The crime for which the defendant has been ????convicted is non-probationable.????????(6) The sentence imposed on the defendant, whether the ????result of a plea or a finding of guilt, renders the ????defendant ineligible for probation. ?(730 ILCS 168/20) ????Sec. 20. Eligibility. ????(a) A defendant, who is eligible for probation based on the nature of the crime convicted of and in consideration of his or her criminal background, if any, may be admitted into a mental health court program only upon the agreement of the prosecutor and the defendant and with the approval of the court.????(b) A defendant shall be excluded from a mental health court program if any one of the following applies:????????(1) The crime is a crime of violence as set forth in ????clause (3) of this subsection (b).????????(2) The defendant does not demonstrate a willingness to ????participate in a treatment program.????????(3) The defendant has been convicted of a crime of ????violence within the past 10 years excluding incarceration ????time, specifically first degree murder, second degree ????murder, predatory criminal sexual assault of a child, ????aggravated criminal sexual assault, criminal sexual ????assault, armed robbery, aggravated arson, arson, ????aggravated kidnapping, kidnapping, stalking, aggravated ????stalking, or any offense involving the discharge of a ????firearm.????????(4) (Blank).????????(5) The crime for which the defendant has been ????convicted is non-probationable.????????(6) The sentence imposed on the defendant, whether the ????result of a plea or a finding of guilt, renders the ????defendant ineligible for probation. CIVIL PROCEDURE – 735 ILCSCRIMINAL LAW-TECH (CERT OF INNOCENCE/EXPUNGEMENT)Public Act 98-0133 Effective Date: (HB0821)January 1, 2014Statutes amended20 ILCS 2630/5.2735 ILCS 5/2-702SynopsisAmends the Criminal Identification Act, the Unified Code of Corrections, and the Code of Civil Procedure. Provides that if a conviction has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the petitioner was factually innocent of the charge, the court shall enter an expungement order for the conviction for which the petitioner has been determined to be innocent. Provides that if the petitioner has been granted a certificate of innocence under the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent as provided in the Code of Civil Procedure. Provides that the court shall enter the expungement order regardless of whether the petitioner has prior criminal convictions. Provides that all records sealed by the Department of State Police may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, the court upon a later arrest for the same or similar offense, or for the purpose of sentencing for any subsequent felony. Provides that upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. Provides that upon entry of the order of expungement, the clerk of the circuit court shall promptly mail a copy of the order to the person whose records were expunged and sealed.CIV PRO-JUDGMENT-ENFORCEMENTPublic Act 98-0557 Effective Date: (SB1044)January 1, 2014(735 ILCS 5/2-1402)??(from Ch. 110, par. 2-1402) ????Sec. 2-1402. Supplementary proceedings. (k-3) The court may enter any order upon or judgment against the respondent cited that could be entered in any garnishment proceeding under Part 7 of Article XII of this Code. This subsection (k-3) shall be construed as being declarative of existing law and not as a new enactment.(735 ILCS 5/2-1602) ????Sec. 2-1602. Revival of judgment. ?(h) If a judgment becomes dormant during the pendency of an enforcement proceeding against wages under Part 14 of this Article or under Article XII, the enforcement may continue to conclusion without revival of the underlying judgment so long as the enforcement is done under court supervision and includes a wage deduction order or turn over order and is against an employer, garnishee, or other third party respondent. (735 ILCS 5/12-101)??(from Ch. 110, par. 12-101)?A foreign judgment registered or filed pursuant to Sections 12-630 12-601 through 12-672 12-618 of this Act is a lien upon the real estate of the person against whom it was entered only from the time (1) a copy of the affidavit required by Section 12-653 with a copy certified copy of the verified petition for registration of the foreign judgment attached showing the filing in a court of this State or (2) a transcript, certified copy or memorandum of a the final judgment of the court of this State entered on an action to enforce a that foreign judgment is filed in the office of the recorder in the county in which the real estate is located. However, no such judgment shall be a lien on any real estate registered under "An Act concerning land titles", as amended, until Section 85 of that Act has been complied with. (735 ILCS 5/12-705)??(from Ch. 110, par. 12-705) ????Sec. 12-705. Summons. ?(d) The garnishment summons may be served and returned in the manner provided by Supreme Court Rule for service, otherwise than by publication, of a notice for additional relief upon a party in default. CIVIL LAW-TECH (Settlement Of Claims)Public Act 98-0548 Effective Date: (SB1912)January 1, 2014(735 ILCS 5/Art. II Pt. 23 heading new)Part 23. Settlement?(735 ILCS 5/2-2301 new)????Sec. 2-2301. Settlement of claims; payment.????(a) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages, a release must be tendered to the plaintiff by the settling defendant within 14 days of written confirmation of the settlement. Written confirmation includes all communication by written means.????(b) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages in which the law requires court approval of a settlement, the plaintiff shall tender to the defendant a copy of the court order approving the settlement.????(c) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages in which there is a known third-party right of recovery or subrogation interest (including attorney's liens, healthcare provider liens, or rights of recovery claimed by Medicare, the Centers for Medicare and Medicaid Services, the Illinois Department of Healthcare and Family Services, or private health insurance companies), the plaintiff may protect the third-party's right of recovery or subrogation interest, where applicable, by tendering to the defendant:????????(1) A signed release of the attorney's lien.????????(2) Either:????????????(i) a signed release of a healthcare provider lien; ????????or????????????(ii) a letter from the plaintiff's attorney ????????agreeing to hold the full amount of the claimed lien in ????????the plaintiff's attorney's client fund account pending ????????final resolution of the lien amount; or????????????(iii) an offer that the defendant hold the full ????????amount of the claimed right to recovery pending final ????????resolution of the amount of the right of recovery; or????????????(iv) documentation of any other method of ????????resolution of the liens as agreed by the parties.????????(3) Either:????????????(i) documentation of the agreement between the ????????plaintiff and Medicare, the Centers for Medicare and ????????Medicaid Services, the Illinois Department of ????????Healthcare and Family Services, or the private health ????????insurance company as to the amount of the settlement ????????that will be accepted in satisfaction of right of ????????recovery; or????????????(ii) a letter from the plaintiff's attorney ????????agreeing to hold the full amount of the claimed right ????????to recovery in the plaintiff's attorney's client fund ????????account pending final resolution of the amount of the ????????right to recovery; or????????????(iii) an offer that the defendant hold the full ????????amount of the claimed right to recovery pending final ????????resolution of the amount of the right of recovery; or????????????(iv) documentation of any other method of ????????resolution of the liens as agreed by the parties.????(d) A settling defendant shall pay all sums due to the plaintiff within 30 days of tender by the plaintiff of the executed release and all applicable documents in compliance with subsections (a), (b), and (c) of this Section.????(e) If, after a hearing, the court having jurisdiction over the parties finds that timely payment has not been made by a defendant pursuant to subsection (d) of this Section, judgment shall be entered against that defendant for the amount set forth in the executed release, plus costs incurred in obtaining the judgment and interest at the rate specified under Section 2-1303 of this Code, calculated from the date of the tender by the plaintiff under subsection (d) of this Section.????(f) As used in this Section, "tender" means personal delivery or delivery by a means providing a return receipt.????(g) This Section applies to all personal injury, property damage, wrongful death, and tort actions involving a claim for money damages, except as otherwise agreed by the parties. This Section does not apply to:????????(1) the State of Illinois;????????(2) any State agency, board, or Commission, as defined ????in Section 1-7 of the Illinois State Auditing Act;????????(3) any State officer or employee sued in his or her ????official capacity;????????(4) any person or entity that is being represented by ????the Attorney General and provided indemnification by the ????State pursuant to the State Employee Indemnification Act;????????(5) any municipality or unit of local government as ????defined under Article VII of the Illinois Constitution; and????????(6) class action lawsuits.?CIV PRO-ATTACHMENT: SUPPORTPublic Act 98-0417 Effective Date: (HB2473)January 1, 2014(735 ILCS 5/12-107.5)????Sec. 12-107.5. Body attachment order.????(f) The requirements or limitations of this Section do not apply to the enforcement of any order or judgment for child support, any order or judgment resulting from an adjudication of a municipal ordinance violation that is subject to Supreme Court Rules 570 through 579, or from an administrative adjudication of such an ordinance violation. CIV PRO-CHILDHOOD SEXUAL ABUSEPublic Act 98-0276 Effective Date: (SB1399)January 1, 2014(735 ILCS 5/13-202.2)??(from Ch. 110, par. 13-202.2) ????Sec. 13-202.2. Childhood sexual abuse.(f) Notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by this amendatory Act of the 98th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 98th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 98th General Assembly.CIVIL LIABILITIES – 740 ILCSVICTIM COMP-TATTOO REMOVALPublic Act 98-0435 Effective Date: (HB2640)January 1, 2014?(740 ILCS 45/2)??(from Ch. 70, par. 72) ????Sec. 2. Definitions. As used in this Act, unless the context otherwise requires: (c) "Crime of violence" means and includes any offense defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section 11-14.4, of the Criminal Code of 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of the Stalking No Contact Order Act, Section 219 of the Civil No Contact Order Act, driving under the influence as defined in Section 11-501 of the Illinois Vehicle Code, a violation of Section 11-401 of the Illinois Vehicle Code, provided the victim was a pedestrian or was operating a vehicle moved solely by human power or a mobility device at the time of contact, and a violation of Section 11-204.1 of the Illinois Vehicle Code; so long as the offense did not occur during a civil riot, insurrection or rebellion. "Crime of violence" does not include any other offense or accident involving a motor vehicle except those vehicle offenses specifically provided for in this paragraph. "Crime of violence" does include all of the offenses specifically provided for in this paragraph that occur within this State but are subject to federal jurisdiction and crimes involving terrorism as defined in 18 U.S.C. 2331. (h) "Pecuniary loss" means, in the case of injury, appropriate medical expenses and hospital expenses including expenses of medical examinations, rehabilitation, medically required nursing care expenses, appropriate psychiatric care or psychiatric counseling expenses, expenses for care or counseling by a licensed clinical psychologist, licensed clinical social worker, licensed professional counselor, or licensed clinical professional counselor and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto; transportation expenses to and from medical and counseling treatment facilities; prosthetic appliances, eyeglasses, and hearing aids necessary or damaged as a result of the crime; costs associated with trafficking tattoo removal by a person authorized or licensed to perform the specific removal procedure; replacement costs for clothing and bedding used as evidence; costs associated with temporary lodging or relocation necessary as a result of the crime, including, but not limited to, the first month's rent and security deposit of the dwelling that the claimant relocated to and other reasonable relocation expenses incurred as a result of the violent crime; locks or windows necessary or damaged as a result of the crime; the purchase, lease, or rental of equipment necessary to create usability of and accessibility to the victim's real and personal property, or the real and personal property which is used by the victim, necessary as a result of the crime; the costs of appropriate crime scene clean-up; replacement services loss, to a maximum of $1,250 per month; dependents replacement services loss, to a maximum of $1,250 per month; loss of tuition paid to attend grammar school or high school when the victim had been enrolled as a student prior to the injury, or college or graduate school when the victim had been enrolled as a day or night student prior to the injury when the victim becomes unable to continue attendance at school as a result of the crime of violence perpetrated against him or her; loss of earnings, loss of future earnings because of disability resulting from the injury, and, in addition, in the case of death, expenses for funeral, burial, and travel and transport for survivors of homicide victims to secure bodies of deceased victims and to transport bodies for burial all of which may not exceed a maximum of $7,500 and loss of support of the dependents of the victim; in the case of dismemberment or desecration of a body, expenses for funeral and burial, all of which may not exceed a maximum of $7,500. Loss of future earnings shall be reduced by any income from substitute work actually performed by the victim or by income he or she would have earned in available appropriate substitute work he or she was capable of performing but unreasonably failed to undertake. Loss of earnings, loss of future earnings and loss of support shall be determined on the basis of the victim's average net monthly earnings for the 6 months immediately preceding the date of the injury or on $1,250 per month, whichever is less or, in cases where the absences commenced more than 3 years from the date of the crime, on the basis of the net monthly earnings for the 6 months immediately preceding the date of the first absence, not to exceed $1,250 per month. If a divorced or legally separated applicant is claiming loss of support for a minor child of the deceased, the amount of support for each child shall be based either on the amount of support pursuant to the judgment prior to the date of the deceased victim's injury or death, or, if the subject of pending litigation filed by or on behalf of the divorced or legally separated applicant prior to the injury or death, on the result of that litigation. Real and personal property includes, but is not limited to, vehicles, houses, apartments, town houses, or condominiums. Pecuniary loss does not include pain and suffering or property loss or damage. (m) "Trafficking tattoo" is a tattoo which is applied to a victim in connection with the commission of a violation of Section 10-9 of the Criminal Code of 2012.(740 ILCS 45/6.1)??(from Ch. 70, par. 76.1) ????Sec. 6.1. Right to compensation. A person is entitled to compensation under this Act if: ? (f) For victims of offenses defined in Section 10-9 of ????the Criminal Code of 2012, the victim submits a statement ????under oath on a form prescribed by the Attorney General ????attesting that the removed tattoo was applied in connection ????with the commission of the offense.FAMILIES/DOMESTIC VIOLENCE ACT – 750 ILCSREPEAL UNIFIED CHILD SUPP SERVPublic Act 98-0074 Effective Date: (SB0048)July 15, 2013(750 ILCS 24/Act rep.) ????Section 5. The Unified Child Support Services Act is repealed.? CHILD SUPPORT-ENFORCEMENT ORDERPublic Act 98-0081 Effective Date: (SB1169)July 15, 2013(750 ILCS 28/20) ????Sec. 20. Entry of order for support containing income withholding provisions; income withholding notice.c) The income withholding notice shall: (10) (blank) include the date that withholding for ????current support terminates, which shall be the date of ????termination of the current support obligation set forth in ????the order for support; and SEX ABUSER-END PARENT RIGHTSPublic Act 98-0476 Effective Date: (HB3128)January 1, 2014 (750 ILCS 45/6.5)????Sec. 6.5. Custody or visitation by sex offender prohibited to men who father through sexual assault or sexual abuse. ????(a) This Section applies to a person who has been found to be the father of a child under this Act and who:????????(1) has been convicted of or who has pled guilty or ????nolo contendere to a violation of Section 11-1.20 (criminal ????sexual assault), Section 11-1.30 (aggravated criminal ????sexual assault), Section 11-1.40 (predatory criminal ????sexual assault of a child), Section 11-1.50 (criminal ????sexual abuse), Section 11-1.60 (aggravated criminal sexual ????abuse), Section 11-11 (sexual relations within families), ????Section 12-13 (criminal sexual assault), Section 12-14 ????(aggravated criminal sexual assault), Section 12-14.1 ????(predatory criminal sexual assault of a child), Section ????12-15 (criminal sexual abuse), or Section 12-16 ????(aggravated criminal sexual abuse) of the Criminal Code of ????1961 or the Criminal Code of 2012, or a similar statute in ????another jurisdiction, for his conduct in fathering that ????child; or .????????(2) at a fact-finding hearing, is found by clear and ????convincing evidence to have committed an act of ????non-consensual sexual penetration for his conduct in ????fathering that child. ????(b) A person described in subsection (a) shall not be entitled to custody of or visitation with that child without the consent of the child's mother or guardian. If the person described in subsection (a) is also the guardian of the child, he does not have the authority to consent to visitation or custody under this Section. If the mother of the child is a minor, and the person described in subsection (a) is also the father or guardian of the mother, then he does not have the authority to consent to custody or visits.????(c) Notwithstanding any other provision of this Act, nothing in this Section shall be construed to relieve the father described in subsection (a) of any support and maintenance obligations to the child under this Act. The child's mother or guardian may decline support and maintenance obligations from the father.????(d) Notwithstanding any other provision of law, the father described in subsection (a) of this Section is not entitled to any inheritance or other rights from the child without the consent of the child's mother or guardian. ????(e) Notwithstanding any provision of the Illinois Marriage and Dissolution of Marriage Act, the parent, grandparent, great-grandparent, or sibling of the person described in subsection (a) of this Section does not have standing to bring an action requesting custody or visitation with the child without the consent of the child's mother or guardian.????(f) A petition under this Section may be filed by the child's mother or guardian either as an affirmative petition in circuit court or as an affirmative defense in any proceeding filed by the person described in subsection (a) of this Section regarding the child.ADOPTION ACT-UNFIT PARENTPublic Act 98-0532 Effective Date: (SB1686)January 1, 2014(750 ILCS 50/1)??(from Ch. 40, par. 1501) ????Sec. 1. Definitions. When used in this Act, unless the context otherwise requires:? D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act: (m) Failure by a parent (i) to make reasonable efforts ????to correct the conditions that were the basis for the ????removal of the child from the parent during any 9-month ????period following the adjudication of neglected or abused ????minor under Section 2-3 of the Juvenile Court Act of 1987 ????or dependent minor under Section 2-4 of that Act, or (ii) ????to make reasonable progress toward the return of the child ????to the parent within 9 months after an adjudication of ????neglected or abused minor under Section 2-3 of the Juvenile ????Court Act of 1987 or dependent minor under Section 2-4 of ????that Act, or (iii) to make reasonable progress toward the ????return of the child to the parent during any 9-month period ????after the end of the initial 9-month period following the ????adjudication of neglected or abused minor under Section 2-3 ????of the Juvenile Court Act of 1987 or dependent minor under ????Section 2-4 of that Act. If a service plan has been ????established as required under Section 8.2 of the Abused and ????Neglected Child Reporting Act to correct the conditions ????that were the basis for the removal of the child from the ????parent and if those services were available, then, for ????purposes of this Act, "failure to make reasonable progress ????toward the return of the child to the parent" includes (I) ????the parent's failure to substantially fulfill his or her ????obligations under the service plan and correct the ????conditions that brought the child into care within 9 months ????after the adjudication under Section 2-3 or 2-4 of the ????Juvenile Court Act of 1987 and (II) the parent's failure to ????substantially fulfill his or her obligations under the ????service plan and correct the conditions that brought the ????child into care during any 9-month period after the end of ????the initial 9-month period following the adjudication ????under Section 2-3 or 2-4 of the Juvenile Court Act of 1987. ????Notwithstanding any other provision, when a petition or ????motion seeks to terminate parental rights on the basis of ????item (ii) (iii) of this subsection (m), the petitioner ????shall file with the court and serve on the parties a ????pleading that specifies the 9-month period or periods ????relied on. The pleading shall be filed and served on the ????parties no later than 3 weeks before the date set by the ????court for closure of discovery, and the allegations in the ????pleading shall be treated as incorporated into the petition ????or motion. Failure of a respondent to file a written denial ????of the allegations in the pleading shall not be treated as ????an admission that the allegations are true. ????????(m-1) Pursuant to the Juvenile Court Act of 1987, a ????child has been in foster care for 15 months out of any 22 ????month period which begins on or after the effective date of ????this amendatory Act of 1998 unless the child's parent can ????prove by a preponderance of the evidence that it is more ????likely than not that it will be in the best interests of ????the child to be returned to the parent within 6 months of ????the date on which a petition for termination of parental ????rights is filed under the Juvenile Court Act of 1987. The ????15 month time limit is tolled during any period for which ????there is a court finding that the appointed custodian or ????guardian failed to make reasonable efforts to reunify the ????child with his or her family, provided that (i) the finding ????of no reasonable efforts is made within 60 days of the ????period when reasonable efforts were not made or (ii) the ????parent filed a motion requesting a finding of no reasonable ????efforts within 60 days of the period when reasonable ????efforts were not made. For purposes of this subdivision ????(m-1), the date of entering foster care is the earlier of: ????(i) the date of a judicial finding at an adjudicatory ????hearing that the child is an abused, neglected, or ????dependent minor; or (ii) 60 days after the date on which ????the child is removed from his or her parent, guardian, or ????legal custodian. ESTATES – 755 ILCSPROBATE-GUARDIAN QUALIFICATIONPublic Act 98-0120 Effective Date: (SB1287)January 1, 2014(755 ILCS 5/11a-5)??(from Ch. 110 1/2, par. 11a-5) ????Sec. 11a-5. Who may act as guardian. ????(a) A person is qualified to act as guardian of the person and as guardian of the estate of a disabled person if the court finds that the proposed guardian is capable of providing an active and suitable program of guardianship for the disabled person and that the proposed guardian:????????(1) has attained the age of 18 years;????????(2) is a resident of the United States;????????(3) is not of unsound mind;????????(4) is not an adjudged disabled person as defined in ????this Act; and????????(5) has not been convicted of a felony, unless the ????court finds appointment of the person convicted of a felony ????to be in the disabled person's best interests, and as part ????of the best interest determination, the court has ????considered the nature of the offense, the date of offense, ????and the evidence of the proposed guardian's ????rehabilitation. No person shall be appointed who has been ????convicted of a felony involving harm or threat to a minor ????or an elderly or disabled person, including a felony sexual ????offense. PROBATE: SHORT-TERM GUARDIAN **CCSAO INITIATIVE**Public Act 98-0568 Effective Date: (SB1565)January 1, 2014(755 ILCS 5/11-5.4) ????Sec. 11-5.4. Short-term guardian. ????(a) A parent, adoptive parent, or adjudicated parent whose parental rights have not been terminated, or the guardian of the person of a minor may appoint in writing, without court approval, a short-term guardian of an unmarried minor or a child likely to be born. The written instrument appointing a short-term guardian shall be dated and shall identify the appointing parent or guardian, the minor, and the person appointed to be the short-term guardian. The written instrument shall be signed by, or at the direction of, the appointing parent in the presence of at least 2 credible witnesses at least 18 years of age, neither of whom is the person appointed as the short-term guardian. The person appointed as the short-term guardian shall also sign the written instrument, but need not sign at the same time as the appointing parent. ????(b) A parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions concerning the minor, unless the nonappointing parent consents to the appointment by signing the written instrument of appointment. ????(c) The appointment of the short-term guardian is effective immediately upon the date the written instrument is executed, unless the written instrument provides for the appointment to become effective upon a later specified date or event. Except as provided in subsection (e-5) of this Section, the The short-term guardian shall have authority to act as guardian of the minor as provided in Section 11-13.2 for a period of 365 days from the date the appointment is effective, unless the written instrument provides for the appointment to terminate upon an earlier specified date or event. Only one written instrument appointing a short-term guardian may be in force at any given time. ????(d) Every appointment of a short-term guardian may be amended or revoked by the appointing parent or by the appointing guardian of the person of the minor at any time and in any manner communicated to the short-term guardian or to any other person. Any person other than the short-term guardian to whom a revocation or amendment is communicated or delivered shall make all reasonable efforts to inform the short-term guardian of that fact as promptly as possible. ????(e) The appointment of a short-term guardian or successor short-term guardian does not affect the rights of the other parent in the minor. ????(e-5) Any time after the appointment of a temporary custodian under Section 2-10, 3-12, 4-9, 5-410, or 5-501 of the Juvenile Court Act of 1987, and after notice to all parties, including the short-term guardian, as required by the Juvenile Court Act of 1987, a court may vacate any short-term guardianship for the minor appointed under this Section, provided the vacation is consistent with the minor's best interests as determined using the factors listed in paragraph (4.05) of Section 1-3 of the Juvenile Court Act of 1987.BUSINESS ORGANIZATIONS – 805 ILCSCORP. SERVICE OF PROCESSPublic Act 98-0171 Effective Date: (HB1048)August 5, 2013Statutes Amended 805 ILCS 5/5.25from Ch. 32, par. 5.25805 ILCS 5/13.45from Ch. 32, par. 13.45805 ILCS 105/105.25from Ch. 32, par. 105.25805 ILCS 180/1-50805 ILCS 180/5-5805 ILCS 180/5-30805 ILCS 180/35-25805 ILCS 180/35-30805 ILCS 180/45-5805 ILCS 180/45-35805 ILCS 180/45-36 new805 ILCS 180/45-40805 ILCS 180/45-50Synopsis Amends the Business Corporation Act of 1983, the General Not for Profit Corporation Act of 1986, and the Limited Liability Company Act. Requires a limited liability company (LLC) that has converted into a different entity to file a copy of the articles of conversion with the Secretary of State. Allows the Secretary of State to accept service of process for a domestic corporation or LLC that has dissolved, faces criminal charges, has failed to appoint or maintain an agent or whose agent cannot be found. Requires the articles of incorporation of an LLC to specify the company's duration, making the duration perpetual if not specified. Makes restated articles of incorporation supersede any previous articles or amendments. Expands the grounds for dissolution of an LLC or revocation of admission for a foreign LLC to failure to respond to interrogatories or failure to tender adequate payment to the Secretary of State. Creates a new Section on the process for revoking a foreign LLC's right to admission.EMPLOYMENT – 820 ILCSPRIVACY WORKPLACE-SOCIAL NETPublic Act 98-0501 Effective Date: (SB2306)January 1, 2014(820 ILCS 55/10)??(from Ch. 48, par. 2860) ????Sec. 10. Prohibited inquiries. ????(a) It shall be unlawful for any employer to inquire, in a written application or in any other manner, of any prospective employee or of the prospective employee's previous employers, whether that prospective employee has ever filed a claim for benefits under the Workers' Compensation Act or Workers' Occupational Diseases Act or received benefits under these Acts. ????(b)(1) Except as provided in this subsection, it It shall be unlawful for any employer to request or require any employee or prospective employee to provide any password or other related account information in order to gain access to the employee's or prospective employee's account or profile on a social networking website or to demand access in any manner to an employee's or prospective employee's account or profile on a social networking website. ????(2) Nothing in this subsection shall limit an employer's right to: ????????(A) promulgate and maintain lawful workplace policies ????governing the use of the employer's electronic equipment, ????including policies regarding Internet use, social ????networking site use, and electronic mail use; and ????????(B) monitor usage of the employer's electronic ????equipment and the employer's electronic mail without ????requesting or requiring any employee or prospective ????employee to provide any password or other related account ????information in order to gain access to the employee's or ????prospective employee's account or profile on a social ????networking website. ????(3) Nothing in this subsection shall prohibit an employer from obtaining about a prospective employee or an employee information that is in the public domain or that is otherwise obtained in compliance with this amendatory Act of the 97th General Assembly. ????(3.5) Provided that the password, account information, or access sought by the employer relates to a professional account, and not a personal account, nothing in this subsection shall prohibit or restrict an employer from complying with a duty to screen employees or applicants prior to hiring or to monitor or retain employee communications as required under Illinois insurance laws or federal law or by a self-regulatory organization as defined in Section 3(A)(26) of the Securities Exchange Act of 1934, 15 U.S.C. 78(A)(26). ????(4) For the purposes of this subsection, "social networking website" means an Internet-based service that allows individuals to: ????????(A) construct a public or semi-public profile within a ????bounded system, created by the service; ????????(B) create a list of other users with whom they share a ????connection within the system; and ????????(C) view and navigate their list of connections and ????those made by others within the system. ????"Social networking website" shall not include electronic mail. ????For the purposes of paragraph (3.5) of this subsection, "professional account" means an account, service, or profile created, maintained, used, or accessed by a current or prospective employee for business purposes of the employer.????For the purposes of paragraph (3.5) of this subsection, "personal account" means an account, service, or profile on a social networking website that is used by a current or prospective employee exclusively for personal communications unrelated to any business purposes of the employer. ................
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