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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
GENERAL PROVISIONS
(5 ILCS 465/) Flag Display Act. 5 ILCS 465/0.01
(5 ILCS 465/0.01) (from Ch. 1, par. 3300)
Sec. 0.01.
Short title.
This Act may be cited as the
Flag Display Act.
(Source: P.A. 86-1324.)
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5 ILCS 465/1
(5 ILCS 465/1) (from Ch. 1, par. 3301)
Sec. 1. It shall be the duty of each county
board to
provide United States national flags of not less than four by eight feet
in size, to be unfurled and kept floating from a suitable flag-staff to
be placed on the top of the court house in its respective
county,
and it is hereby made the duty of the sheriff of each and every county
in the State to see that the flag so provided shall be hoisted on its
flag-staff above the court house and kept floating from eight o'clock a.m. to five o'clock p.m. on each and every legal holiday of the year,
and on such other days as the county board may direct.
The county board may provide for the display of an MIA flag at the court house in its county, either upon the same flag-staff as the United States national flag or otherwise.
(Source: P.A. 93-697, eff. 7-9-04.)
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5 ILCS 465/2
(5 ILCS 465/2) (from Ch. 1, par. 3302)
Sec. 2.
The commissioners or trustees of all penal and reformatory,
State educational and State charitable institutions of this State shall
provide United States national flags of not less than ten by twenty feet
in size and cause the same to be unfurled and kept floating above the
said penal and reformatory, State educational and State charitable
institutions or on a suitable flag pole from eight o'clock a.m. to five
o'clock p.m. on each and every legal holiday in the year and on such
other days as the commissioners or trustees may determine.
(Source: Laws 1897, p. 229.)
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5 ILCS 465/3
(5 ILCS 465/3) (from Ch. 1, par. 3303)
Sec. 3.
The directors or board of education of every school district
in the State of Illinois shall cause to be erected and shall keep in
repair on all public school houses or within the school grounds surrounding
such public school buildings which may be in their respective school
districts, a good and sufficient flag-staff or pole, together with all
necessary adjustments, and shall provide a United States national flag
of not less than four by eight feet in size, which shall be floated from
such flag-staff or pole during the school hours of such days as the
directors or board of education may determine: Provided, that the flag
shall not be hoisted on any court house, State institution or public
school building during any day when a violent storm or inclement weather
would destroy or materially injure such flag.
(Source: P.A. 81-1509.)
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5 ILCS 465/3a
(5 ILCS 465/3a) (from Ch. 1, par. 3304)
Sec. 3a.
The directors or board of education of every school district
in the State of Illinois shall cause to be displayed in each class room
of all public schools during the school hours of each school day the
United States national flag of not less than eleven by eighteen inches
in size.
(Source: Laws 1939, p. 651.)
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5 ILCS 465/3b
(5 ILCS 465/3b) (from Ch. 1, par. 3305)
Sec. 3b.
In addition to the buildings and grounds described in this
Act in and upon which the United States national flag shall be
displayed, a flag shall also be displayed and flown each day of the week
from each city or village hall and village square, and at the principal
entrance to all supervised public parks.
(Source: Laws 1967, p. 2052.)
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5 ILCS 465/4
(5 ILCS 465/4) (from Ch. 1, par. 3306)
Sec. 4.
The flags used by any and all State institutions, as provided
for in this Act, shall be paid for out of the funds appropriated for the
running expenses of said institutions, the same as other necessary
supplies are bought and paid for, and the flags for use over court
houses and public school buildings are hereby declared to be necessary
supplies, and may be paid for out of the public funds of the respective
counties or school districts. No State institution or agency may purchase any American flags or Illinois State flags except those manufactured in the United States of America.
(Source: P.A. 102-268, eff. 1-1-22.)
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5 ILCS 465/5
(5 ILCS 465/5) (from Ch. 1, par. 3307)
Sec. 5.
Any person or persons who shall wilfully injure, deface or destroy
any flag, flag-staff or pole, or adjustments attached thereto, erected
and arranged for the purpose of carrying out the requirements of this
Act, shall be deemed guilty of a petty offense and fined not less than
one (1) dollar nor more than fifteen (15) dollars.
(Source: P.A. 77-2446.)
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5 ILCS 465/10 (5 ILCS 465/10) (Text of Section before amendment by P.A. 103-746) Sec. 10. Death of resident military member, law enforcement officer, firefighter, or members of EMS crews. (a) The Governor shall issue an official notice to fly the following flags at half-staff upon the death of a resident of this State killed (i) by hostile fire as a member of the United States armed forces, (ii) in the line of duty as a law enforcement officer, (iii) in the line of duty as a firefighter, (iv) in the line of duty as a member of an Emergency Medical Services (EMS) crew, or (v) during on duty training for active military duty: the United States national flag, the State flag of Illinois, and, in the case of the death of the member of the United States armed forces, the appropriate military flag as defined in subsection (b) of Section 18.6 of the Condominium Property Act and the Honor and Remember Flag designated under Section 16 of this Act. Upon the Governor's notice, each person or entity required by this Act to ensure the display of the United States national flag on a flagstaff shall ensure that the flags described in the notice are displayed at half-staff on the day designated for the resident's funeral and the 2 days preceding that day. (b) The Department of Veterans' Affairs shall notify the Governor of the death by hostile fire of an Illinois resident member of the United States armed forces. In lieu of notice being provided by the Department of Veterans' Affairs, any other State or Federal entity, agency, or person holding such information may notify the Governor of the death by hostile fire of an Illinois resident member of the United States armed forces. If such notice is provided to the Governor by an entity, agency, or person other than the Department of Veterans' Affairs, then the obligation to notify the Governor of an Illinois resident soldier's death under this subsection (b) shall be considered fulfilled. The Illinois State Police shall notify the Governor of the death in the line of duty of an Illinois resident law enforcement officer. The Office of the State Fire Marshal shall notify the Governor of the death in the line of duty of an Illinois resident firefighter. The Department of Public Health shall notify the Governor of the death in the line of duty of an Illinois resident member of an Emergency Medical Services (EMS) crew. Notice to the Governor shall include at least the resident's name and Illinois address, the date designated for the funeral, and the circumstances of the death. (c) For the purpose of this Section, the United States armed forces includes: (i) the United States Army, Navy, Marine Corps, Air Force, and Coast Guard; (ii) any reserve component of each of the forces listed in item (i); and (iii) the National Guard. (d) Nothing in this Section requires the removal or relocation of any existing flags currently displayed in the State. This Section does not apply to a State facility if the requirements of this Section cannot be satisfied without a physical modification to that facility.
(Source: P.A. 102-538, eff. 8-20-21; 103-409, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-746) Sec. 10. Death of resident military member, law enforcement officer, firefighter, or members of EMS crews. (a) The Governor shall issue an official notice to fly the following flags at half-staff upon the death of a resident of this State killed (i) by hostile fire as a member of the United States armed forces, (ii) in the line of duty as a law enforcement officer, (iii) in the line of duty as a firefighter, (iv) in the line of duty as a member of an Emergency Medical Services (EMS) crew, or (v) during on duty training for active military duty: the United States national flag, the State flag of Illinois, and, in the case of the death of the member of the United States armed forces, the appropriate military flag as defined in subsection (b) of Section 18.6 of the Condominium Property Act and the Honor and Remember Flag designated under Section 16 of this Act. Upon the Governor's notice, each person or entity required by this Act to ensure the display of the United States national flag on a flagstaff shall ensure that the flags described in the notice are displayed at half-staff on the day designated for the resident's funeral and the 2 days preceding that day. (b) The Department of Veterans' Affairs shall notify the Governor of the death by hostile fire of an Illinois resident member of the United States armed forces. In lieu of notice being provided by the Department of Veterans' Affairs, any other State or Federal entity, agency, or person holding such information may notify the Governor of the death by hostile fire of an Illinois resident member of the United States armed forces. If such notice is provided to the Governor by an entity, agency, or person other than the Department of Veterans' Affairs, then the obligation to notify the Governor of an Illinois resident soldier's death under this subsection (b) shall be considered fulfilled. The Illinois State Police shall notify the Governor of the death in the line of duty of an Illinois resident law enforcement officer. The Office of the State Fire Marshal shall notify the Governor of the death in the line of duty of an Illinois resident firefighter. The Department of Public Health shall notify the Governor of the death in the line of duty of an Illinois resident member of an Emergency Medical Services (EMS) crew. Notice to the Governor shall include at least the resident's name and Illinois address, the date designated for the funeral, and the circumstances of the death. (c) For the purpose of this Section, the United States armed forces includes: (i) the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard; (ii) any reserve component of each of the forces listed in item (i); and (iii) the National Guard. (d) Nothing in this Section requires the removal or relocation of any existing flags currently displayed in the State. This Section does not apply to a State facility if the requirements of this Section cannot be satisfied without a physical modification to that facility. (Source: P.A. 102-538, eff. 8-20-21; 103-409, eff. 1-1-24; 103-746, eff. 1-1-25.) |
5 ILCS 465/11 (5 ILCS 465/11) Sec. 11. Display of flag at half-staff. The United States national flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day, the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the Governor, the flag shall be flown at half-staff upon the death of a present or former official of the government, the death of a member of the Armed Forces who dies while serving on active duty, the death of a first responder who dies while serving in the line of duty, or any other death or occurrence that the Governor deems worthy of such a recognition. An order of the Governor to fly the flag at half-staff may be for any length of time up to the greatest length of time enumerated in Section 7 of the United States Flag Code. For the purposes of this Section, "half-staff" means the position of the flag when it is one-half the distance between the top and bottom of the staff.
(Source: P.A. 102-680, eff. 6-1-22.) |
5 ILCS 465/15 (5 ILCS 465/15) Sec. 15. (Repealed).
(Source: P.A. 100-668, eff. 8-3-18. Repealed internally, eff. 1-1-19.) |
5 ILCS 465/16 (5 ILCS 465/16) Sec. 16. Honor and Remember Flag. (a) The Honor and Remember Flag is designated as the symbol of the State's concern for and commitment to honoring and remembering the lives of all members of the United States armed forces who have lost their lives while serving or as a result of service and their families. (b) The Honor and Remember Flag shall be displayed at the locations specified in subsection (c) of this Section on the following days: (1) Armed Forces Day, the third Saturday in May. (2) Memorial Day, the last Monday in May. (3) Flag Day, June 14. (4) Fourth of July. (5) National POW/MIA Recognition Day, the third | | (6) Gold Star Mother's Day, the last Sunday of
| | (7) Veterans Day, November 11.
(8) Whenever there is a State military casualty.
The Honor and Remember Flag should be displayed at all State military memorials and State veteran cemeteries whenever the flag of the United States is flown.
(c) The Honor and Remember Flag shall be displayed at the State Capitol and the locations designated in Sections 1, 2, and 3b of this Act in the manner specified by those Sections.
(Source: P.A. 103-409, eff. 1-1-24.)
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