The Criminal Justice Reform Omnibus Bill: A Summary

merely a fear of future harm,” but “the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury” to the officer or another. 20 ILCS 5/7-5(h)(2).

RESTRAINTS

In addition to the prior prohibition of chokeholds, “restraining above the shoulders with risk of asphyxiation” is also prohibited unless deadly force is justified. 20 ILCS 5/7-5.5. These restraints include “a technique used to restrain a person above the shoulders, including the neck or head, in a position which interferes with the person’s ability to breathe after the person no longer poses a threat to the officer or any other person.” 20 ILCS 5/7-5.5(d).

FORCE PROHIBITIONS

An officer, or person acting on the officer’s behalf, may not: (i) use force as punishment or retaliation; (ii) discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner targeting the head, pelvis, or back; (iii) discharge firearms or kinetic impact projectiles indiscriminately into crowds, or (iv) use chemical agents or irritants (e.g., pepper spray and tear gas) prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order. 20 ILCS 5/75.5(e).

ESCAPE

Use of force to prevent escape is limited to non-deadly force, 720 ILCS 5/7-9(a), unless, based upon a totality of the circumstances, deadly force is necessary to prevent death or great bodily harm. 20 ILCS 5/7-9(c).

AID

An officer has a duty, “as soon as reasonably practical,” to determine if a person is injured, to render medical aid, and to request emergency medical assistance. 20 ILCS 5/7-15.

INTERVENTION

An officer also has an affirmative duty to intervene to prevent or stop another officer from using unauthorized force or excessive force without regard for the chain of command. 20 ILCS 5/7-16. In the event of intervention, the intervening officer has to abide by certain requirements and cannot be disciplined or retaliated against for intervening. 20 ILCS 5/7-16.

MONETARY BAIL ABOLISHED

Effective January 1, 2023, the Code of Criminal Procedure of 1963 is amended to abolish the requirement of posting monetary bail, except under the Uniform Criminal Extradition Act, the Drivers License Compact, and the Nonresident Violator Compact. The new law also removes language from the Counties Code to eliminate sheriffs’ fees related to taking special bail and language from the Clerks of Courts Act regarding credit card or debit card payment of bail bond fees. Additionally, revisions are made to multiple statutes to remove and replace references to “bail” and “conditions of bail” with “pretrial release” and “conditions of pretrial release.”

RIGHT TO PHONE CALLS UPON ARREST

Effective July 1, 2021, persons in police custody have a right to communicate, free of charge, with an attorney and family members as soon as possible upon being taken into police custody, but no later than 3 hours after arrival. These persons must also be given access to a telephone with a land line or cellular phone to make three phone calls and have the ability to retrieve phone numbers on their cell phone’s contact list. Specific signage is also required at the place of custody. 725 ILCS 5/103-3(a-5).

MEDICAL TREATMENT WHILE IN CUSTODY

Effective July 1, 2021, the law requires a person in custody to be treated humanely, provided with food and shelter, and receive medical treatment “without unreasonable delay if the need for the treatment is apparent.” 725 ILCS 5/103-2(c).

RESISTING OR OBSTRUCTION CHARGE

Effective January 1, 2023, a person is no longer subject to arrest solely for resisting or obstructing a police officer unless there is an underlying offense for which the person was initially subject to arrest. 720 ILCS 5/31-1(d).

CITATION TO BE ISSUED/NO ARREST

Effective January 1, 2023, a citation must be issued in lieu of a custodial arrest, “upon proper identification,” for traffic and Class B/C criminal misdemeanor offenses, and petty and business offenses. This law applies to those persons who “pose no obvious threat to the community or any person or who have no obvious medical or mental health issues that pose a risk to their own safety.” 725 ILCS 5/109-1(a-1). A citation or summons must be issued for appearance within 21 days. 725 ILCS 5/109(a-1), (a-3). Upon arrest with or without a warrant for an offense for which pretrial release may not be denied, an officer may issue a summons and release the person without appearing before a judge. “A presumption in favor of pretrial release shall be applied by an arresting officer in the exercise of his or her discretion,” 725 ILCS 5/109-1(a-3), although the Court may deny pretrial release for certain offenses upon a verified petition by the State. 725 ILCS 5/110-6.1(a)(1-6).

LIMITS ON MILITARY EQUIPMENT

The new law also amends the State Police Act, the Counties Code, and the Illinois Municipal Code to forbid the Illinois State Police, sheriffs’ departments and police departments from purchasing, requesting or receiving from any military surplus program the following equipment: tracked armored vehicles, weaponized aircraft or vehicles, .50-caliber or higher firearms and ammunition, grenade launchers, or bayonets.

WHISTLEBLOWER PROTECTION

The new law also amends the Public Officer Prohibited Activities Act to prohibit a unit of local government, or one of their representatives or employees, from retaliating against an employee or contractor who reports an improper governmental action, cooperates with an investigation, or testifies in a proceeding or prosecution. To invoke these protections, the employee must make a written report to the appropriate auditing official, and each auditing official is required to establish written procedures for managing complaints. To remedy adverse actions against employees for reporting improper government action, the employee may receive restitution. Retaliatory actions in violation of this provision are subject to a penalty of between $500 and $5,000, suspension without pay, demotion, discharge, and civil or criminal prosecution.

RETENTION OF POLICE MISCONDUCT RECORDS

The new law also amends the Local Records Act to require that all public and nonpublic records related to complaints, investigations, and adjudications of police misconduct must be permanently retained and cannot be destroyed.

MENTAL HEALTH AND RELATED TRAINING

The new law requires the law enforcement agency or other first responder entity in programs receiving funding for deflection program services to receive training in “eliminating Stigma for People with Substance-Use Disorders and Mental Health.” 5 ILCS 820/21(e). The law also adds various new topics for substance use and deflection programs and expands uses of appropriate funds, and prioritizes funding for communities with police/community relation issues and those with a lack of access to mental health and drug treatment programs. Further, the law also requires the Illinois Law Enforcement Training Standards Board to establish statewide minimum standards regarding regular mental health screenings for probationary and permanent police officers, ensuring that counseling sessions and screenings remain confidential. 50 ILCS 705/6(f). The Board must also adopt rules and minimum standards for schools, which will include minimum in-service training requirement which police officers must satisfactorily complete at least annually regarding crisis intervention training and officer wellness and mental health. 50 ILCS 705/7(h). The Board must additionally develop a standard curriculum for certified training programs in crisis intervention of at least 40 hours. 50 ILCS 705/10.17(a).

Effective July 1, 2021, all law enforcement agencies must also submit to the Department of State Police, on a monthly basis, a report on any incident where a law enforcement officer was dispatched to deal with a person experiencing a mental health crisis or incident. This report must include the number of incidents, the level of law enforcement response and the outcome of each incident. 50 ILCS 709/5-12(7).

QUALIFIED IMMUNITY

The new law does not remove qualified immunity for peace officers. However, effective July 1, 2021, the law establishes a Task Force on Constitutional Rights and Remedies to “develop and propose policies and procedures to review and reform constitutional rights and remedies, including immunity for peace officers.”