HB0027 - PUBLISHING CRIMINAL RECORDS
Amends the Freedom of Information Act. Provides that a law enforcement agency may not electronically provide or publish booking photographs unless: (1) the booking photograph is posted to a social networking website to assist in the search for a missing person or to assist in the search for a fugitive, person of interest, or individual wanted in relation to a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor; or (2) the person is convicted of a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor. Deletes language providing that a law enforcement agency may publish on its social networking website booking photographs relating to charges other than civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors. Provides that the prohibition against the production of booking photographs contained in this subsection does not apply to requests made by the news media. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a for-profit publishing entity that publishes on a publicly available website or in any other publication that charges a fee for removal or correction of the information to fail to remove within 30 days, without the imposition of any fee, the criminal record information of a person who provides the entity with: a pardon from the Governor or a certificate of innocence stating that the person is innocent of all offenses relating to the criminal record information; court records indicating that the person was found not guilty or that the case ended without a finding of guilt; or an order to expunge or seal the criminal record information of the person. Provides that a violating entity is subject to a civil penalty of $1,000 per day, plus attorney's fees, which shall be deposited into the General Revenue Fund.
HB1136 - CRIME AND ACCIDENT SCENE PHOTO
Amends the Criminal Code of 2012. Creates the offense of unlawful dissemination of crime, crash, or accident scene information. Provides that a person commits the offense when he or she is a first responder or representative of a governmental agency and disseminates or publishes the photograph of any crime, crash, or accident scene or the names of the victims of a crime, crash, or accident until after the immediate family of all victims have been notified of the crime, crash, or accident. Exempt the dissemination of information that does not include images or names of victims in order to alert the public to avoid a crime, crash, or accident scene. Provides that a violation is a Class A misdemeanor. Defines terms. Provides that the Act may be referred to as the Accident and Crisis Victims Privacy Protection Act.
HB1168 - DNA DATABASE-PROHIBITIONS
Amends the Rights of Crime Victims and Witnesses Act. Provides that except in certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a crime, as identified by law enforcement, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Provides that nothing in this provision shall be interpreted to contradict rules and regulations developed by the Federal Bureau of Investigation relating to National DNA Index System or Combined DNA Index System. Defines "DNA database".
HB1380 - WRONGFUL PROSECUTION COMM'N
Creates the Wrongful Prosecution Commission Act. Creates the Wrongful Prosecution Commission as an independent commission under the Illinois Human Rights Commission for administrative purposes. Defines "claim of wrongful prosecution" as a claim by or on behalf of a living person convicted of a crime in a county of more than 3,000,000 inhabitants asserting that the person was falsely incriminated for the crime and there is credible evidence related to allegations of the use of false evidence to obtain the conviction. Defines other terms. Provides that the Commission shall conduct inquiries into claims of wrongful prosecution. Provides that if the Commission concludes there is sufficient evidence of wrongful prosecution to merit judicial review, the Chair of the Commission shall request that the Chief Judge of the Circuit Court of Cook County assign the case to a trial judge for consideration. Provides that the Act applies to claims of wrongful prosecution filed not later than 5 years after the effective date of the Act. Repeals the Act 10 years after the effective date. Effective immediately.
HB1493 - CAPITAL CRIME-PUBLIC PLACES
Amends the Code of Criminal Procedure of 1963. Provides that a defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to the penalty for a capital offense if the murdered individual was killed in or on the grounds of a religious institution, public or private school, community college, college, university, child care facility, or a public place. Defines terms. Enacts the Capital Crimes Litigation Act of 2023. Provides specified funding and resources for cases in which a sentence for a capital offense is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended money in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence for a capital offense is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of the State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes.
HB2128 - AUTOMATIC TRANSFER-REPEAL
Amends the Juvenile Court Act. Repeals a provision excluding certain minors accused of committing specified crimes from the jurisdiction of the juvenile court. In provisions concerning presumptive transfers, provides that a State's Attorney may file a petition for transfer to criminal court for a minor who is at least 16 years of age and charged with first degree murder, aggravated criminal sexual assault, or specified instances of aggravated battery with a firearm.
HB2196 - COOK CO-STREET LIGHTING POLES
Amends the Counties Code. Establishes a smart pole pilot program in Cook County. Provides that the Cook County Board of Commissioners shall designate an area in Cook County to implement the program. Provides that the designated program area shall not be an area that is serviced by the Chicago Transit Authority train system but must be an area that has been determined by the Board of Commissioners to have a high incidence of gun violence. Provides that, subject to appropriation by the General Assembly, Cook County shall contract with one or more minority-owned businesses to install smart poles in the designated program area. Provides that the smart poles shall be constructed, located, and programmed in order to reduce crime in the designated program area. Requires annual reports to the General Assembly and Governor beginning December 31, 2025. Repeals the provisions on January 1, 2029. Effective January 1, 2024.
HB2323 - UNIFORM CRIME STATISTICS DATA
Moves the provisions to the Illinois Criminal Justice Information Act from the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois Criminal Justice Information Authority shall establish a Uniform Statewide Crime Statistics Task Force within 120 days after the effective date of the amendatory Act and provide administrative and technical support to the Task Force. Provides that the members of the Task Force shall be appointed by the Executive Director of the Illinois Criminal Justice Information Authority and modifies the membership of the Task Force. Requires the Task Force to meet at least quarterly to assist in the development and implementation of certain software for certain purposes. Requires the Task Force to submit a report no later than 18 months after first convening to the Governor, General Assembly, and the Executive Director of the Illinois Criminal Justice Information Authority. Modifies the requirements of the report. Further amends the Illinois Criminal Justice Information Act. Provides that the Authority may exercise any other powers that are reasonable and necessary to fulfill the responsibilities of the Authority under this Act and to comply with the requirements of applicable State or federal law or regulation.
HB2412 - FIREARM INCIDENTS IN SCHOOLS - LOCAL LAW ENFORCEMENT
Provides that the Illinois State Police shall use all reasonable efforts in making publicly available key information related to firearms used in the commission of crimes in this State which are reported to and investigated by the Illinois State Police. Provides that, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the local law enforcement authorities shall report all such firearm-related incidents occurring in a school or on school property to the Illinois State Police in a form, manner, and frequency as prescribed by the Illinois State Police. Amends the Freedom of Information Act. Provides that the exemption from inspection and copying of images from cameras under the Expressway Camera Act is inoperative on July 1, 2025. Includes other provisions.
HB2418 - EXPUNGEMENT-TRAFFICKING VICTIM
Amends the Criminal Identification Act. Provides that a trafficking victim may petition for vacation and expungement of an offense (rather than shall be eligible to petition for immediate sealing) upon the completion of his or her last sentence if his or her participation in the underlying offense was proximately caused by the human trafficking (rather than a direct result of human trafficking). Provides that, if the offense is a crime of violence, the trafficking victim may petition for immediate sealing of the offense upon the completion of his or her last sentence. Provides that a petition may be prepared, signed, and filed electronically. Provides that the court may allow the petitioner to attend any required hearing remotely by audiovisual conference if the petition affirms that attendance in court would be an undue hardship or could create a risk of harm to the petitioner, and provides that the court may allow a petition to be filed under seal if the public filing of the petition would constitute a risk of harm to the petitioner.
House Amendment 1: Provides that a trafficking victim may petition for vacation and expungement or immediate sealing of his or her criminal record (rather than expungement of an offense) upon the completion of his or her last sentence under specified circumstances. Provides that, if the offense is a crime of violence that is not a misdemeanor offense (rather than a crime of violence), the trafficking victim may only petition for immediate sealing of the offense upon the completion of his or her last sentence.
House Amendment 2: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, as amended by House Amendment No. 1, with the following changes. Replaces a requirement making an offense eligible for vacation and expungement or immediate sealing if it was proximately caused by human trafficking with a provision allowing vacation and expungement or immediate sealing if the offense was a result of human trafficking. Removes an exception providing that a trafficking victim may petition only for immediate sealing if the offense was a crime of violence other than a misdemeanor.
House Amendment 3: Provides that a petition for the vacation and expungement or sealing of trafficking victims' crimes shall (rather than may) be prepared, signed, and filed in accordance with Supreme Court Rule 9 (rather than prepared, signed, and filed electronically). Provides that the court may allow the petitioner to attend any required hearing remotely in accordance with local rules (rather than by audiovisual conference if the petition affirms that attendance in court would be an undue hardship or could create a risk of harm to the petitioner).
HB3170 - CRIM&TRAF ASSESS-REPEAL EXTEND
Amends the Criminal and Traffic Assessment Act. Repeals the Act on January 1, 2028 (rather than January 1, 2024). Makes a conforming change in the Clerks of Courts Act. Amends the Unified Code of Corrections. Provides that any person (rather than only any minor) adjudicated delinquent for an offense which if committed by an adult would constitute a violation of (i) the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control Act shall be required to pay a criminal laboratory analysis assessment of $100 for each adjudication or (ii) a provision regarding driving while under the influence of the Illinois Vehicle Code shall pay a crime laboratory DUI analysis assessment of $150 for each adjudication. Effective immediately.
HB3326 - VEH CD-LICENSE PLATE READER
Amends the Illinois Vehicle Code. Defines "automated license plates reader" (ALPR). Establishes that an ALPR user shall not sell, share, or transfer ALPR information, except to another local law enforcement agency, a local law enforcement agency of the State, the federal government, or a state other than Illinois, and only to the extent necessary to locate a vehicle or person reasonably suspected of being involved in the commission of a crime as defined by State or federal laws. Provides that an ALPR user shall not sell, share, or transfer ALPR information to any state that has enacted laws that deny or interfere with a woman's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman for the purposes of investigation or enforcement of that law. Provides that an ALPR user shall only share information obtained through the use of an ALPR with the federal government or a state other than Illinois if the entity requesting the information first discloses to the State entity a criminal predicate necessitating a lawful purpose and that the criminal predicate would be a violation of the laws of the State. Provides that ALPR information shall be retained for a period of only 30 days, after which it must be destroyed, unless particularized information is the subject of a criminal investigation. Provides that ALPR information shall be held confidentially to the fullest extent permitted by law, and an ALPR user shall not sell, share, or transfer ALPR information for any commercial purpose and shall not disclose ALPR information to any entity for the purposes of public disclosure. Makes a conforming change in the Freedom of Information Act.
HB3367 - RGHTS CRIME VICTIM-DNA PROFILE
Amends the Rights of Crime Victims and Witnesses Act. Provides that, except in certain medical examiner or coroner investigations, whenever a person's DNA profile is collected due to the person being a victim of a crime, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database. Defines "DNA database".
HB3372 - STATE'S ATTY QUARTERLY REPORTS
Amends the Counties Code. Provides that, on the website of each State's Attorney, the State's Attorney shall publish quarterly reports that include, at a minimum, the following information: (1) the number of all charges commenced by the State's Attorney for offenses within the county, classified by type and class; (2) the number of arrests referred to the State's Attorney for prosecution by a law enforcement officer or law enforcement agency for offenses within the county, and the number of charges that were commenced by the State's Attorney as a result of those referrals; and (3) the number of arrests of first responders referred to the State's Attorney for prosecution by a law enforcement officer or law enforcement agency for offenses within the county, and the number of charges that were commenced by the State's Attorney as a result of those referrals. Amends the Uniform Crime Reporting Act. Provides that each law enforcement agency that refers an arrest made to State's Attorney shall report to the State's Attorney if the individual is a first responder.
HB3381 - FIRST AND SECOND DEGREE MURDER
Amends the Criminal Code of 2012. Eliminates the felony murder provisions from the first degree murder statute. Provides that a person commits second degree murder when he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony, other than first degree murder, and in the course of or in furtherance of the crime or flight from the crime, he or she or another participant causes the death of a person, other than one of the participants. Provides that it is an affirmative defense to the charge that the defendant: (1) was not the only participant in the underlying crime; (2) did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid in the commission of the crime; (3) was not armed with a deadly weapon; and (4) did not engage himself or herself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury. Amends the Code of Civil Procedure. Provides for relief from judgment for defendants convicted of first degree murder committed before the effective date of the amendatory Act. Provides that nothing in these provisions prevents a movant from applying for any other relief.
HB3410 - DRUG COURT-LIMIT ELIGIBILITY
Amends the Drug Court Treatment Act. Provides that before a defendant is admitted into a drug court program, the court must make a finding that the crime for which the defendant is to be admitted into the drug court program had a nexus to the defendant's substance use disorder. Makes changes to offenses that exclude a defendant from admission into a drug court program.
HB3414 - JUV CT&CD CORR-MINOR-PROSECUTE
Amends the Juvenile court Act of 1987. Provides that the judge shall enter an order permitting prosecution under the criminal laws of Illinois unless the judge makes a finding based on clear and convincing evidence that the minor would be amenable to the care, treatment, and training programs available through the facilities of the juvenile court based on an evaluation of: (1) any involvement of the minor in the child welfare system, (2) whether there is evidence the minor was subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and (3) the minor's degree of participation and specific role in the offense. Amends the Unified Code of Corrections. Provides that when a person commits an offense and the person is under 18 years of age at the time of the commission of the offense, the court, at the sentencing hearing shall consider the following additional factors in mitigation in determining the appropriate sentence: (1) the person's family, home environment, educational and social background, including any history of domestic or sexual violence or sexual exploitation; (2) childhood trauma, including adverse childhood experiences, the person's involvement in the child welfare system; (3) involvement of the person in the community; (4) if a comprehensive mental health evaluation of the person was conducted by a qualified mental health professional; and (5) the outcome of the evaluation. Provides that notwithstanding any other provision of law, if the court determines by clear and convincing evidence that the individual against whom the person is convicted of committing the offense previously committed certain human trafficking or sex crimes against the person within 3 years before the offense in which the person was convicted, the court may, in its discretion: (1) transfer the person to juvenile court for sentencing under the Juvenile Court Act of 1987; (2) depart from any mandatory minimum sentence, maximum sentence, or sentencing enhancement; or (3) suspend any portion of an otherwise applicable sentence.
HB3495 - DEATH PENALTY-POLICE OFFICER
Amends the Code of Criminal Procedure of 1963. Restores the death penalty for the first degree murder of a peace officer killed while performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer. Creates the Capital Crimes Litigation Act of 2023. Provides specified funding and resources for cases in which a sentence of death is an authorized disposition. Creates the Capital Litigation Trust Fund. Provides that all unobligated and unexpended moneys in the Death Penalty Abolition Fund are transferred into the Capital Litigation Trust Fund. Amends the State Appellate Defender Act. Provides that in cases in which a sentence of death is an authorized disposition, the State Appellate Defender shall provide trial counsel with legal assistance and the assistance of expert witnesses, investigators, and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly. Provides that the Office of State Appellate Defender shall not be appointed to serve as trial counsel in capital cases. Amends the Freedom of Information Act, the State Finance Act, and the Criminal Code of 2012 to make conforming changes.
HB3533 - SEXUAL ASSAULT SURVIVORS-DNA
Creates the Sexual Assault Survivors Protection Act. Establishes procedures that apply to the collection and use of known reference samples of DNA from a victim of a sex offense or alleged sex offense, and to known reference samples of DNA from any individual that was voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Provides that law enforcement agencies and their agents shall use these DNA samples or profiles only for purposes directly related to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not compare any of these samples or profiles with DNA samples or profiles that do not relate to the incident being investigated. Provides that a law enforcement agency or agent of a law enforcement agency may not include any of these DNA profiles in any database that allows these samples to be compared to or matched with profiles derived from DNA evidence obtained from crime scenes. Provides that any part of a DNA sample that remains after the requested testing or analysis has been performed shall be securely stored and may only be used in accordance with the restrictions on use and disclosure of the sample provided in these provisions. Provides that an agent of a law enforcement agency may not provide any part of these DNA samples or profiles to any person or entity other than the law enforcement agency that provided them, except portions of these remaining DNA samples may be provided to the defendant when authorized by court order. Provides that the database profile of a person whose DNA profile has been voluntarily provided for purposes of exclusion shall be expunged from all public and private databases if the person has no past or present offense or pending charge which qualifies that person for inclusion within this State's DNA database as provided in the Unified Code of Corrections. Provides exceptions.
HB3584 - CLERKS-CRIME VICTIMS-REPORTING
Amends the Clerks of Courts Act. Provides that records of judgments include the reporting of all felony convictions and pleas of guilty to the Department of Financial and Professional Regulation for licensure review. Amends the Rights of Crime Victims and Witnesses Act. Provides that a crime victim has the right to file a complaint against the offender with the Department of Financial and Professional Regulation if the offender is licensed by the Department of Financial and Professional Regulation.
House Amendment 1: In the Rights of Crime Victims and Witnesses Act, deletes reference to "under this amendatory Act of the 99th General Assembly" in provision that any law enforcement agency that investigates an offense committed in the State shall provide a crime victim with a written statement of the rights of crime victims within 48 hours of law enforcement's initial contact with a victim.
House Amendment 2: Replaces everything after the enacting clause. Amends the Rights of Crime Victims and Witnesses Act. Retains the changes made by House Amendment No. 1. Provides that the sign-off sheet provided by law enforcement that the crime victim signs and dates as an acknowledgement that he or she has been furnished with information and an explanation of the rights of crime victims and compensation set forth in the Act includes information that the crime victim has the ability to file a complaint against an individual who is licensed by the Illinois Department of Financial and Professional Regulation.
HB3738 - CRIM CD-HATE CRIME-POLICE
Amends the hate crime provisions of the Criminal Code of 2012. Provides that a person commits hate crime if the person commits specified offenses against another individual by reason of the other individual's actual or perceived employment as a peace officer of another individual.
HB3971 - FELONY-RUNNING FOR OFFICE
Amends the Illinois Municipal Code. Removes provisions providing that a person is not eligible to take the oath of office for a municipal office if that person has been convicted of certain crimes. Amends the Unified Code of Corrections. Provides that a person convicted of a felony, bribery, perjury, or other infamous crime (rather than a felony) for an offense committed on or after the effective date of the amendatory Act while he or she was serving as a public official is ineligible to hold any local public office (in addition to being ineligible to hold an office created by the Constitution of the State) unless the person's conviction is reversed or until the completion of his or her sentence and his or her eligibility to hold office is restored. Amends the Officials Convicted of Infamous Crimes Act and the Election Code making conforming changes.
HB3992 - POLICE & COMMUNITY RELATIONS
Amends the Police and Community Relations Improvement Act. Provides that a law enforcement agency shall report all shootings connected with the subject of an incident report when the shooting resulted in any property damage or bodily injury. Each incident report that reports a shooting shall, at a minimum, state whether a firearm has been identified and if a magazine, round of ammunition, expended bullet, or shell casing was found at the scene of the crime.
HB4283 - GUN CRIME CHARGE & SENTENCING
Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.
HB4336 - PUBLIC SAFETY-VARIOUS-PENSIONS
Restores the statutes to the form in which they existed before their amendment by Public Acts 101-652, 102-28, and 102-1104, with certain exceptions. Amends the Criminal Code of 2012 concerning aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Transfers unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund into the reestablished Capital Litigation Trust Fund. Enacts the Capital Crimes Litigation Act of 2024 and amends the State Appellate Defender Act to add provisions concerning the restoration of the death penalty. Amends the General Provisions, Downstate Police, Downstate Firefighter, Chicago Police, Chicago Firefighter, Illinois Municipal Retirement Fund (IMRF), State Employees, and State Universities Articles of the Illinois Pension Code. With regard to police officers, firefighters, and similar public safety employees, removes Tier 2 limitations on the amount of salary for annuity purposes; provides that the automatic annual increases to a retirement pension or survivor pension are calculated under the Tier 1 formulas; and provides that the amount of and eligibility for a retirement annuity are calculated under the Tier 1 provisions. Amends the State Finance Act to make conforming changes. Amends the Public Safety Employee Benefits Act concerning health insurance plans of police officers and firefighters. Makes other conforming changes. Amends the State Mandates Act to require implementation of the amendatory changes to the Illinois Pension Code without reimbursement. Makes other changes. Effective immediately.
HB4409 - CRIME REDUCTION-ADULT REDEPLOY
Replaces everything after the enacting clause. Amends the Illinois Crime Reduction Act of 2009. Changes references from "offenders" to "justice-impacted individuals". Provides that funds shall be distributed via a grant program (rather than allotment of funds shall be based on a formula). Provides that the Adult Redeploy Illinois Oversight Board is created to oversee, provide guidance, and develop an administrative structure for the Adult Redeploy Illinois Program. Provides that once all members have been appointed, the Board may exercise any power, perform any function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. Establishes specified membership on the Adult Redeploy Illinois Oversight Board. Provides that the Oversight Board shall, in addition to its other duties establish a grant program (rather than develop a formula) for the allotment of funds to local jurisdictions for local and community-based services in lieu of commitment to the Department of Corrections and a penalty amount for failure to reach the goal of reduced commitments stipulated in the plans. Provides that grant funds awarded shall be administered by the Illinois Criminal Justice Information Authority, in coordination with the Oversight Board, and shall be consistent with the requirements of the Grant Accountability and Transparency Act. Provides that the Illinois Criminal Justice Information Authority shall provide administrative support to the Adult Redeploy Illinois Oversight Board. Provides that the Adult Redeploy Illinois Oversight Board shall include a representative of DuPage County Adult Probation appointed by the Chief Circuit Judge of the Eighteenth Judicial Circuit.
HB4445 - VICTIMS SAFETY-ELECTRONICS
Amends the Victims' Economic Security and Safety Act. Provides that every employer covered under the Act shall permit an employee or an employee's family or household member who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence to utilize for personal use an employer-provided electronic device to document or communicate an act of domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or the employee's family or household member. Requires employers to grant an employee who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence or an employee who has a family or household member who is a victim or alleged victim or domestic violence, sexual violence, gender violence, or any other crime of violence access to any photographs, voice or video recordings, sound recordings, or any other digital documents or communications stored on an employer-provided electronic device issued to the employee whenever such photographs, voice or video recordings, sound recordings, or other digital documents or communications are needed by the employee or the employee's family or household member during a criminal action or proceeding to establish or support an allegation of domestic violence, sexual violence, gender violence, or any other crime of violence. Provides that, if an employee is seriously injured or incapacitated, the employer shall grant access to the described materials to a family or household member of the employee who requests access from the employer and whose interests are not adverse to the employee as it relates to the domestic violence, sexual violence, gender violence, or other crime of violence. Provides that every employer covered by the Act shall post and keep posted, in conspicuous places where employees are employed, a notice, to be prepared or approved by the Director of Labor, explaining these provisions. Effective immediately.
HB4531 - CLASSIFICATION BY BIO SEX ACT
Creates the Classification by Biological Sex Act. Sets forth findings. Provides that any public school or school district and any State, local agency, department or office that collects vital statistics for the purpose of complying with antidiscrimination laws or for the purpose of gathering accurate public health, crime, economic, or other data shall classify each individual who is part of the collected data set as either male or female at birth. Amends the Statute on Statutes. Sets forth the meaning of the following terms as used in any statute or any rule or regulation: a person's sex; female and male; woman and girl; man and boy; and mother and father.
HB4574 - CD CORR-AGGRAVATING FACTORS
Amends the Unified Code of Corrections. Provides that if the defendant committed the offense in or on the grounds of a hospital, ambulatory surgical treatment center, physician's office, or other medical facility that treats patients and the offense was a crime of violence committed against a licensed health care professional or an employee of a hospital, ambulatory surgical treatment center, physician's office, or other medical facility that treats patients, this factor shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as a reason to impose a more severe sentence.
HB4726 - JUV CT-EXCLUDED JURISDICTION
Amends the Juvenile Court Act of 1987. Repeals a provision excluding certain minors accused of committing specified crimes from the jurisdiction of the juvenile court. Effective immediately.
HB4754 - UNIFORM CRIME REPORT-HOMICIDES
Amends the Uniform Crime Reporting Act. Provides that a law enforcement agency shall publish monthly on its website, and submit to the Illinois State Police in a form, manner, and frequency as required by the Illinois State Police, the following information that occurred in the law enforcement agency's jurisdiction: (1) how many homicides occurred in a month based on the time of death of a victim; (2) how many of the homicides had an alleged perpetrator arrested and charged; and (3) how many homicides are considered cleared or closed for a reason other than the arrest and charging of an alleged perpetrator. Provides that information required to be published on a law enforcement agency's website must be published on the website by the end of the month following the reporting month. Effective January 1, 2025.
HB4856 - SEXUAL ASSAULT EVIDENCE-NOTIFY
Amends the Sexual Assault Evidence Submission Act. Provides that if a consistent DNA profile has been identified by comparing the submitted sexual assault evidence with a known standard from a suspect or with DNA profiles in the CODIS database, the Illinois State Police shall notify the investigating law enforcement agency of the results in writing within 7 days after notification. Provides that within 5 days after receiving notification, the investigating law enforcement agency must: (1) send acknowledgment to the Illinois State Police or designated laboratory that the law enforcement agency has received the notification; and (2) provide any additional information concerning the match to the Illinois State Police or the designated laboratory as requested by the Illinois State Police or designated laboratory. Provides that the Illinois State Police or designated laboratory shall also provide to the investigating law enforcement agency, within 30 days after a consistent DNA profile has been identified of (i) any case-to case match that may assist in the investigation of a criminal case and (ii) any verified match that identifies a suspect or offender. Provides that the sexual assault evidence tracking system must allow the investigating law enforcement agency to prohibit access to information regarding DNA matches and follow-up investigations to the victim if the law enforcement agency would determine that doing so would interfere with the investigation or prosecution of the crime.
HB5037 - FIREARM USED IN COMMISS CRIME
Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm.
HB5314 - LOCAL CRIME-FREE HOUSING ORD
Amends the Counties Code and the Illinois Municipal Code. Repeals provisions prohibiting ordinances penalizing tenants who contact the police or other emergency services. Adds provisions prohibiting a county or municipality from enacting a program, ordinance, resolution, or other regulation that: (1) penalizes landlords or tenants, guests, or others for contact with a law enforcement agency; (2) requires or encourages landlords to evict or penalize tenants or household members for contact with a law enforcement agency, a criminal conviction, or alleged unlawful conduct, including through cooperating agreements with law enforcement agencies; (3) requires or promotes the use of criminal background checks of prospective and current tenants; (4) defines nuisance behavior to include contact with a law enforcement agency; (5) requires tenants to secure certificates of occupancy as a condition of leasing rental housing or turning on utilities; (6) creates or promotes the use of a registry of individual tenants for the purpose of discouraging landlords from renting to those tenants or otherwise excluding such individuals from rental housing within the subject jurisdiction; (7) penalizes tenants, guests, or others for contact made to police or other emergency services; or (8) requires or promotes the use of a lease addendum that penalizes tenants, guests or others for any of the above-listed conditions or is contrary to or inconsistent with requirements under federal law. Provides that a program, ordinance, resolution, or other regulation that violates the provisions is void and must be repealed no later than one year after the effective date of the amendatory Act. Allows for legal action to enforce the provisions. Limits the concurrent exercise of home rule powers. Amends the Housing Authorities Act to make similar changes for housing authorities. Effective immediately.
HB5346 - UNRELIABLE STATEMENTS-INTERROG
Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding. Provides that in any proceeding under this provision, the prosecution shall timely disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a police station or other place of detention by a defendant. Provides that at that time, the prosecution must disclose any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained. Provides that when deciding a statement's reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than elicited from the defendant; and (4) whether a court has found evidence of coercion in making a prior determination about whether the statement is voluntary. Provides that the question of the statement's admissibility is solely for the trial court.
HB5368 - POLICE TRAINING-HATE CRIMES
Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training.
HB5432 - CRIME-FREE HOUSING ORDINANCES
Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency, (2) requires a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact by a tenant with a law enforcement agency, any request by a tenant, landlord, resident or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the county or municipality. Defines "penalty". Limits the concurrent exercise of home rule powers. Effective immediately.
HB5543 - TOWNSHIP CD-POLICE PROTECTION
Amends the Township Code. When the electors in a township in a county with a population of 1,000,000 or more authorize the township board to contract with one or more municipalities in the township or with the county within which the township is located to furnish police protection in the unincorporated area of the township, requires using funds levied under the provisions to furnish the police protection. Provides that a township board's authority to declare the unincorporated area of the township a special police district is to provide and maintain police protection in the unincorporated area of the township. Allows the township board to use the special police district funds levied under the provisions for public safety services, including, but not limited to, crime prevention measures and community safety measures, such as license plate readers, graffiti abatement, and anti-gang and anti-violence community support and intervention programs.
HB5607 - ISP-VARIOUS
Amends the State Finance Act. Provides that, on July 1, 2024 or as soon thereafter as possible, the balance remaining in the State Police Training and Academy Fund shall be transferred to the State Police Law Enforcement Administration Fund, and the State Police Training and Academy Fund shall be dissolved. Provides that moneys that had been paid into the State Police Training and Academy Fund shall be paid instead into the State Police Law Enforcement Administration Fund. Makes changes concerning the uses of the State Police Law Enforcement Administration Fund. Amends the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act and the Illinois Insurance Code to make conforming changes. Amends the School Code. Provides that schools shall report any written, electronic, or verbal report of a verified incident involving a firearm or drugs to the State Board of Education through existing school incident reporting systems as they occur during the year by no later than August 1 of each year. Provides that the State Board of Education shall report data by school district, as collected from school districts, and make it available to the public via its website. Provides that the local law enforcement authority shall, by March 1 of each year, report the required data from the previous year to the Illinois State Police's Illinois Uniform Crime Reporting Program, which shall be included in its annual Crime in Illinois report. Amends the Illinois Gambling Act. Makes changes regarding applying for licensure and Fingerprinting. Amends the Criminal Code of 2012 and the Drug Asset Forfeiture Procedure Act. In provisions concerning non-judicial forfeiture, provides that the director or the directors designee (instead of just the director) shall dispose of property forfeited in accordance with law. Effective July 1, 2024.
HB5651 - POLICE CONDUCT DATABASE
Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall ensure that no law enforcement officer is certified or provided a valid waiver if that law enforcement officer has been convicted of, found guilty of, or entered a plea of guilty to any specified misdemeanor (or similar offense in another state) on or after the respective effective date of any amendatory changes adding the charged misdemeanor to the provisions (rather than on or after the effective date of Public Act 101-652). Provides that the information that the Illinois State Police must process, retain, and additionally provide and disseminate to the Board from the full Illinois Law Enforcement Agencies Data System (LEADS) and the National Crime Information Center (NCIC) database concerning criminal charges, arrests, convictions, and their disposition, that have been filed against a basic academy applicant, law enforcement activation applicant (rather than a law enforcement applicant), or law enforcement officer whose fingerprint identification cards are on file or maintained by the Illinois State Police. Provides that law enforcement agencies and the Illinois State Police shall notify the Board of any final determination of a willful violation of department, agency, or Illinois State Police policy, official misconduct, or violation of law within 10 days of the action when the determination leads to a suspension of at least 10 days, dismissal, discharge, or termination (rather than when the determination leads to a suspension of at least 10 days). Provides that no law enforcement agency may knowingly employ a person, or certify a retired law enforcement officer qualified under federal law to carry a concealed weapon unless the required criminal background investigation has been completed in the full Illinois Law Enforcement Agencies Data System (LEADS) and the National Crime Information Center (NCIC) database. Effective immediately.
SB0754 - PREPACKAGED EXPLOSIVE COMPONENTS-CRIME
Amends the Firearm Owners Identification Card Act. Provides that no person may acquire or possess any prepackaged explosive components within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police. Provides exemptions. Amends the Criminal Code of 2012. Provides that a person commits unlawful sale or delivery of prepackaged explosive components when he or she knowingly sells or gives prepackaged explosive components to a person who is disqualified under the Firearm Owner's Identification Card Act; sells or transfers prepackaged explosive components to a person who does not display to the seller or transferor of the prepackaged explosive components a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the Firearm Owners Identification Card Act; or sells or gives prepackaged explosive components while engaged in the business of selling prepackaged explosive components at wholesale or retail without being licensed as a federal firearms dealer under the federal Gun Control Act of 1968. Provides that any person who is convicted of unlawful sale or delivery of prepackaged explosive components commits a Class 4 felony. Defines "prepackaged explosive components". Makes other changes. Effective July 1, 2023.
SB1483 - ELECTIONS-POST CONVICTION VOTE
Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction or not later than 5 days before the first election following the person's confinement (rather than prohibiting a person who has been convicted of any crime and is serving a sentence of confinement from voting until his or her release from confinement). Requires the election authority to collaborate with a correctional institution to facilitate an opportunity for voting by mail for eligible electors to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that all requirements of the federal Voting Rights Act of 1965 and other federal, State, and local laws regarding language access and disability access apply to the provisions. Requires the correctional institution to make available to persons in custody resource materials relating to an election. Requires the State Board of Elections in coordination with correctional institutions to annually report certain data regarding compliance with the provisions. Makes conforming changes throughout the Code and in the Unified Code of Corrections. Effective July 1, 2024.
SB1858 - FUND THE POLICE ACT
Creates the Fund the Police Act. Contains findings. Creates the Fund the Police Grant Fund and provides that moneys that the Illinois Law Enforcement Training Standards Board receives from the Fund must be used for the purpose of making grants to units of local government for the purposes of: (1) hiring, rehiring, and retention of law enforcement officers, including hiring and retention incentives and overtime; (2) funding body camera mandates and purchasing law enforcement equipment designed to keep officers and their communities safe; (3) funding additional law enforcement training; (4) assisting with outreach and community policing activities; (5) assisting with mental health treatment for individuals in county jails; (6) providing mental health care for law enforcement officers; and (7) purchasing public safety equipment designed to prevent gang violence, motor vehicle theft, vehicular hijacking, or the sale of contraband. Provides that the Board may set rules relating to requirements for the distribution of grant moneys and determine which law enforcement agencies are eligible. Provides that the Board must consider compliance with the Uniform Crime Reporting Act as a factor in awarding grant moneys. Provides that moneys in the Fund the Police Grant Fund may not be appropriated, assigned, or transferred to another State fund. Provides for a continuing appropriation at the beginning of each fiscal year of $125,000,000 from the General Revenue Fund to the Fund the Police Grant Fund. Amends the State Finance Act by making conforming changes.
SB1886 - CD CORR-PROBATION
Amends the Unified Code of Corrections. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from having cannabis or alcohol in his or her body unless the person was sentenced to probation, conditional discharge, or supervision for an offense which had as an element of the offense the presence of an intoxicating compound in the person's body or the person is participating in a Problem-Solving Court certified by the Administrative Office of the Illinois Courts. Provides that for each condition imposed, the court shall state the reasonable relation the condition has to the person's crime of conviction. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from use or consumption of any substance lawfully prescribed by a medical provider or authorized by the Compassionate Use of Medical Cannabis Program Act.
Senate Amendment 2: Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Deletes provision that as a condition of probation or conditional discharge, the person must refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act. Provides that a person shall not be assessed costs or fees for mandatory testing for drugs, alcohol, or both, if the person is an indigent person as defined in the Code of Civil Procedure. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from having cannabis or alcohol in his or her body unless: 1) the person is under 21 years old; (2) the person was sentenced to probation, conditional discharge, or supervision for an offense which had as an element of the offense the presence of an intoxicating compound in the person's body; or (3) the person is participating in a problem-solving court certified by the Illinois Supreme Court. Provides that for each condition imposed, the court shall state the reasonable relation the condition has to the person's crime of conviction. Provides that a person on probation, conditional discharge, or supervision shall not be ordered to refrain from use or consumption of any substance lawfully prescribed by a medical provider or authorized by the Compassionate Use of Medical Cannabis Program Act.
Senate Amendment 3: Provides that in any instance in which the court, as a condition of probation, conditional discharge, or supervision, orders testing for cannabis or alcohol (rather than for each condition imposed), the court shall state the reasonable relation the condition has to the person's crime of conviction.
SB2061 - FIREARM CRIME CHARGE&SENTENCE
Creates the Firearm Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.
SB2078 - FIRST AND SECOND DEGREE MURDER
Amends the Criminal Code of 2012. Eliminates the felony murder provisions from the first degree murder statute. Provides that a person commits second degree murder when he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony, other than first degree murder, and in the course of or in furtherance of the crime or flight from the crime, he or she or another participant causes the death of a person, other than one of the participants. Provides that it is an affirmative defense to the charge that the defendant: (1) was not the only participant in the underlying crime; (2) did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid in the commission of the crime; (3) was not armed with a deadly weapon; and (4) did not engage himself or herself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury. Amends the Code of Civil Procedure. Provides for relief from judgment for defendants convicted of first degree murder committed before the effective date of the amendatory Act. Provides that nothing in these provisions prevents a movant from applying for any other relief.
SB2091 - HATE CRIME-FIREARM OR VICT
Amends the Criminal Code of 2012. Provides that a hate crime is a Class X felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime, at the time of the offense, was under 18 years of age. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for such offense. Provides that such offender shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Effective January 1, 2024.
SB2258 - CD CORR-SENTENCING REVIEW
Amends the Unified Code of Corrections. Provides that any person imprisoned in the penitentiary may, after serving 10 years or more of his or her sentence or cumulative sentences, submit a petition for sentencing review in the circuit court of the county in which he or she was originally sentenced. Provides that upon receipt of the petition and assignment to a judge, the judge shall determine within 30 days if the petitioner has sought filing in the appropriate court and has served 10 or more years of his or her sentence. If the court determines that either of those factors are not satisfied, it shall dismiss the petition and notify the petitioner of the reason for the dismissal. Provides that the State's Attorney must be afforded an opportunity to respond to the petition and the court shall provide the petitioner with the opportunity to reply to the petition. Provides that within 90 days after the filing of the petition for sentencing review, the court shall set the matter for a hearing. Provides that this date may be extended by motion of either party and at the court's discretion for good cause shown. Provides that at the sentencing review hearing the court shall consider certain factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and shall be authorized to depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain mitigating factors. Provides that notwithstanding any provisions to the contrary, any offender who has petitioned the circuit court for sentencing review shall not be eligible to submit a second petition until at least 5 years have elapsed since the date on which the circuit court ruled upon the initial petition. Provides that these provisions shall operate retroactively to provide any person incarcerated for a crime or crimes committed, before the effective date of the amendatory Act, with the opportunity to file a motion for resentencing under these provisions under the terms provided in these provisions. Provides that notwithstanding anything else to the contrary, nothing in these provisions shall be construed to delay parole or mandatory supervised release consideration for petitioners who, prior to the effective date of the amendatory Act, are or will be eligible for release earlier than these provisions.
SB2359 - PRIVACY FROM GOVT INTRUSION
Creates the Protecting Privacy from Government Intrusion Act. Provides that a government entity may not obtain the location information of an electronic device without a tracking warrant. Provides that a warrant granting access to location information must be issued only if the government entity shows that there is probable cause that the person who possesses an electronic device is committing, has committed, or is about to commit a crime. Provides for requirements of an application for a warrant. Describes when a government entity may obtain location information without a tracking warrant. Provides for a time period to achieve the objective of the authorization; notice on the persons named in the warrant; a report on collection of location information; a prohibition on the use of evidence; a limit on storage of license plate data; a prohibition on transfer of license plate data; and student online personal information protection. Defines terms.
SB2585 - CRIM CD-PEACE OFFICER-TRAVEL
Amends the Criminal Code of 2012. For purposes of Code provisions that make it a crime or an aggravating factor to commit an offense against police officers while they are performing their official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. Amends the Unified Code of Corrections. For purposes of a Code provision that establishes a sentence enhancement for the murder of a peace officer in the course of performing his or her official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty.
SB2619 - $STATE POLICE ENFORCEMENT
Amends an Act making appropriations, Public Act 103-0006. Provides that $10,000,000 (rather than $2,000,000) shall be appropriated from the State Police Revocation Enforcement Fund to the Illinois State Police for grants to law enforcement agency task forces for participating in programs to help reduce crime. Effective immediately.
SB2687 - HATE CRIME-WHITE SUPREMACY
Amends the Criminal Code of 2012. Provides that, in addition to other elements of the offense, a person commits a hate crime when the person displays or causes to be displayed, on public or private property, a burning cross, a Nazi swastika, a noose, a Confederate flag, or any other known symbol of white supremacist or neo-Nazi beliefs with the intent to intimidate a person or group of persons or incite violence against a person or group of persons. Includes a severability provision.
SB3121 - CRIME VICTIMS-FILING COMPLAINT
Amends the Rights of Crime Victims and Witnesses Act. Provides that the sign-off sheet provided to the crime victim shall include information of the crime victim's ability to file a complaint against an individual who is licensed by the Illinois Department of Financial and Professional Regulation.
SB3188 - GUN CRIME CHARGE & SENTENCING
Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.
SB3246 - HATE CRIMES-UNIFORM REPORTING
Amends the Uniform Crime Reporting Act. Provides that each law enforcement agency shall submit a report to the Illinois State Police after receiving a complaint of a hate crime or other bias-related complaint within 2 weeks of receiving the complaint. Includes requirements of the report. Provides that the Illinois State Police must identify patterns and analyze the information reported to it for the purpose of connecting the information to other reported crimes or incidents, create a reporting form or process to receive this information, review all reports, and disseminate to potentially affected law enforcement agencies, and create a process for the sharing of all the reported incidents with law enforcement agencies across the State. Provides that each law enforcement agency shall identify a point of contact in regard to hate crime reporting under this Section within the agency and provide the Illinois State Police with that person's name and contact information. Provides that the Illinois State Police shall adopt rules identifying other bias-related complaints that must be reported. Makes a conforming change. Amends the Freedom of Information Act to except reports and information received under the hate crime and bias-related incident reporting under the Uniform Crime Reporting Act.
SB3415 - SEXUAL ASSAULT EVIDENCE-NOTIFY
Amends the Sexual Assault Evidence Submission Act. Provides that if a consistent DNA profile has been identified by comparing the submitted sexual assault evidence with a known standard from a suspect or with DNA profiles in the CODIS database, the Illinois State Police shall notify the investigating law enforcement agency of the results in writing within 7 days after notification. Provides that within 5 days after receiving notification, the investigating law enforcement agency must: (1) send acknowledgment to the Illinois State Police or designated laboratory that the law enforcement agency has received the notification; (2) provide any additional information concerning the match to the Illinois State Police or the designated laboratory as requested by the Illinois State Police or designated laboratory; and (3) notify the survivor of (i) the match, if disclosing the match would not interfere with the investigation or prosecution of the offense or (ii) the estimated date on which the match is expected to be disclosed if disclosing the match would interfere with the investigation or prosecution of the offense. Provides that, if a law enforcement agency is unable to reach a survivor within 5 days after receiving notification of a DNA profile match from the Illinois State Police, the law enforcement agency shall continue to make reasonable efforts to notify the survivor. Requires, within 30 days after receiving notification of a DNA profile match from the Illinois State Police, the investigating law enforcement agency to send notification to the Illinois State Police indicating if the individual associated with the DNA profile is a suspect in the investigation and, if individual associated with the DNA profile is a suspect in the investigation, submit a DNA profile of that individual to the Illinois State Police for analysis. Provides that the sexual assault evidence tracking system must allow the investigating law enforcement agency to prohibit access to information regarding DNA matches and follow-up investigations to the victim if the law enforcement agency would determine that doing so would interfere with the investigation or prosecution of the crime.
SB3552 - POLICE TRAINING-HATE CRIMES
Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training.
SB3625 - UNRELIABLE STATEMENTS-INTERROG
Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding. Provides that in any proceeding under this provision, the prosecution shall timely disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a police station or other place of detention by a defendant. Provides that at that time, the prosecution must disclose any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained. Provides that when deciding a statement's reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than elicited from the defendant; and (4) whether a court has found evidence of coercion in making a prior determination about whether the statement is voluntary. Provides that the question of the statement's admissibility is solely for the trial court.
SB3680 - LOCAL CRIME-FREE HOUSING ORD
Amends the Counties Code and the Illinois Municipal Code. Repeals provisions prohibiting ordinances penalizing tenants who contact the police or other emergency services. Adds provisions prohibiting a county or municipality from enacting a program, ordinance, resolution, or other regulation that: (1) penalizes landlords or tenants, guests, or others for contact with a law enforcement agency; (2) requires or encourages landlords to evict or penalize tenants or household members for contact with a law enforcement agency, a criminal conviction, or alleged unlawful conduct, including through cooperating agreements with law enforcement agencies; (3) requires or promotes the use of criminal background checks of prospective and current tenants; (4) defines nuisance behavior to include contact with a law enforcement agency; (5) requires tenants to secure certificates of occupancy as a condition of leasing rental housing or turning on utilities; (6) creates or promotes the use of a registry of individual tenants for the purpose of discouraging landlords from renting to those tenants or otherwise excluding such individuals from rental housing within the subject jurisdiction; (7) penalizes tenants, guests, or others for contact made to police or other emergency services; or (8) requires or promotes the use of a lease addendum that penalizes tenants, guests or others for any of the above-listed conditions or is contrary to or inconsistent with requirements under federal law. Provides that a program, ordinance, resolution, or other regulation that violates the provisions is void and must be repealed no later than one year after the effective date of the amendatory Act. Allows for legal action to enforce the provisions. Limits the concurrent exercise of home rule powers. Amends the Housing Authorities Act to make similar changes for housing authorities. Effective immediately.
SB3713 - CRIME VICTIMS COMP ACT
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 to provide that law enforcement agencies may disclose law enforcement reports and records to the Attorney General to comply with the Crime Victims Compensation Act. Amends the Crime Victims Compensation Act. Defines "applicant", "crime of violence", "victim", "pecuniary loss", "dating relationship", and other terms. Provides that no compensation may be granted to an applicant under the Act while the applicant is held in a correctional institution. Provides that an applicant who is held in a correctional institution may apply for assistance under this Act at any time, but no award of compensation may be considered until the applicant is released. Authorizes the Attorney General to issue subpoenas to compel the production of law enforcement reports maintained by the enforcement agencies. Provides that if the victim or applicant has obtained an order of protection, a civil no contact order, or a stalking no contact order or the crime was allegedly committed by law enforcement use of force, it is appropriate notification if the applicant or victim has been treated by the medical provider or mental health provider. Creates criteria to determine whether an applicant has cooperated with law enforcement. Provides that an applicant may provide notification by being treated by a mental health provider for psychological injuries for injuries arising from violations of the Criminal Code of 2012 for trafficking, sex crimes, and bodily harm. Requires the mental health provider to perform an independent medical evaluation and provide an opinion regarding causation of those injuries. Creates criteria for the Attorney General to use in evaluating an applicant's cooperation. Provides that an applicant's failure to respond to the Attorney General or Court of Claims may result in the claim being closed without compensation. Provides that an award shall be reduced or denied to the extent by which the victim's behavior posed an imminent threat of death or serious bodily injury to a law enforcement office and the victim's behavior was direct and proximate cause of the victim's injury in claims that a law enforcement officer's use of force caused the victim's injury or death. Makes other changes. Effective immediately, except certain provisions take effect January 1, 2025.