Criminal Justice

Amends the Illinois State Police Law. Provides that the Division of Patrol shall enforce the motor carrier safety provisions of the Illinois Vehicle Code and serve as the lead State agency for administering the commercial vehicle safety plan of the Federal Motor Carrier Safety Administration. Adds human trafficking, sexual assault, and sexual abuse in-service training requirements for Illinois State Police officers. Provides that the Division of Statewide 9-1-1 shall cooperate with federal and State authorities that are engaged in aeronautics and that request to use the Illinois State Police's radio network system. Provides that the State Police shall maintain a statewide statistical police contact recordkeeping system (rather than develop a separate statewide statistical police recordkeeping system) for the study of juvenile delinquency. Provides that, with the permission (rather than written permission) of a child's parent or guardian, the Illinois State police may collect (rather than retain) the fingerprints or DNA (rather than only the fingerprint record) of the child. Specifies that the fingerprints or DNA may be retained by the child's parent or guardian and later used for specified purposes. Amends the Intergovernmental Drug Laws Enforcement Act. Provides that a Metropolitan Enforcement Group may enforce crimes concerning terrorism and threats to public officials and human service providers. Amends the Code of Criminal Procedure of 1963. In provisions concerning criminal prosecutions for violations of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act and criminal prosecutions for reckless homicide, or driving under the influence of alcohol, other drug, or combination of both, or in any civil action held under a statutory summary suspension or revocation hearing, deletes provisions requiring specified information to be attached to laboratory report from the Illinois State Police, Division of Forensic Services. Amends the Freedom from Drone Surveillance Act. In provisions requiring the chief executive officer of a law enforcement agency to report the use of a drone to the State's Attorney under specified circumstances, adds language allowing the report to be made by the chief executive officer's designee. Makes other and conforming changes. Effective immediately.

Amends the First Responders Suicide Prevention Act. Provides that confidentiality protections under the Act apply regardless of whether the peer support person is employed by, or affiliated with, the same agency as the first responder receiving support. Provides that, except in specified circumstances, all communications, records, notes, reports, or information disclosed during, or in connection with, a critical incident stress management session is confidential and may not be disclosed by any CISM practitioner. Provides that a CISM practitioner may not be compelled to testify or disclose any communication, record, note, report, or information disclosed during, or in connection with, a critical incident stress management session in any administrative, civil, or criminal proceeding. Provides that the confidentiality protections under the provisions apply whether or not the CISM practitioner is affiliated with the same agency as the individual receiving services. Provides that any communication described in the provisions is subject to subpoena for good cause shown. Provides that the confidentiality protections under the provisions do not apply to (1) any threat of suicide or homicide made by a participant in a peer support counseling session or any information conveyed in a peer support counseling session related to a threat of suicide or homicide; (2) any information mandated by law or agency policy to be reported, including, but not limited to, domestic violence, child abuse or neglect, or elder abuse or neglect; (3) any admission of criminal conduct; or (4) an admission or act of refusal to perform duties to protect others or the employee of the emergency services provider or law enforcement agency. Defines "CISM practitioner" and "CISM services".

Amends the Juvenile Court Act of 1987. Provides that either the court or the State's Attorney, or both, (rather than the State's Attorney) or an entity designated by the State's Attorney, may establish community mediation programs designed to provide citizen participation in addressing juvenile delinquency. Provides that prior to entering a sentence, the court shall require the parties involved to consider participation in a restorative practice, such as a conference or circle as defined in the Code of Civil Procedure, to identify and repair harm to the extent possible, address trauma, reduce the likelihood of further harm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participatory process. Provides that participation in the process shall be voluntary by all parties, and any resulting agreement shall contain only reasonable and proportionate obligations. Provides that the agreement shall be recommended to the court as an alternative to sentencing.

Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall inform a victim of sexual assault or sexual abuse of the right to request that any interview or statement be conducted in the presence of a law enforcement officer of a particular sex or gender, if one is reasonably available. Provides that if a law enforcement officer of the requested sex or gender is not reasonably available, the interview or statement shall proceed without unnecessary delay.

Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, in county juvenile detention facilities, or in Illinois Youth Centers, on parole or probation, or registered as a sex offender if the person was unjustly convicted or adjudicated a delinquent and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or adjudicated a delinquent or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole or probation or required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, in a county juvenile detention facility, or in a Illinois Youth Center, on parole or probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that a petitioner for post-conviction relief who was convicted of a felony offense committed when that person was under 21 years of age who seeks leave to file a successive post-conviction petition claiming that his or her sentence violates the proportionate penalties clause of the Illinois Constitution does not have to demonstrate cause. Effective immediately.

Provides that the Act may be referred to as the Eddie Thomas Act. Amends the Unified Code of Corrections. Provides that no later than December 1 of each year, the Department of Corrections shall prepare a report to be published on its website that contains, at a minimum, the following information about hospice and palliative care in its institutions and facilities during the prior fiscal year: (1) demographic data of committed persons who received hospice and palliative care; (2) data on the number of committed persons in the Department's hospice and palliative care programs; (3) data on the timing of hospice and palliative care programming; (4) the number of committed persons in the custody of the Department who died; (5) policies and administrative directives of each Department institution and facility regarding the institution of hospice and palliative care; (6) the staff available for hospice and palliative care; and (7) the cost of the Department's hospice and palliative care programs. Provides that all such data shall be anonymized to protect the privacy of the committed persons involved in the hospice and palliative care programs.

Amends the Officers and Employees Article of the Counties Code. Allows public defenders who are representing a client in a criminal case to also represent the client in summary suspension or revocation hearings under a specified provision in the Illinois Vehicle Code.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. In provisions concerning applicants with criminal convictions, requires the Department of Financial and Professional Regulation to consider various factors when considering whether a prior conviction is directly related to the ability of an applicant to safely perform the duties, functions, and responsibilities of the position (instead of whether a prior conviction will impair the ability of the applicant to engage in the practice). Removes the requirement that a person who is licensed or registered to engage in any of the professions licensed or registered by the Department be of good moral character. Prohibits the Department from using a vague term in its consideration of a criminal record and decision regarding whether a criminal record is disqualifying for licensure, certification, or registration, including, but not limited to, "good moral character", "moral turpitude", or "character and fitness". Makes other changes. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department because it was submitted by a person who is incarcerated. Provides that when determining the qualifications for a license, the Department shall include practice that is supervised by a licensee while a person is incarcerated.

Amends the Substance Use Disorder Act. Provides that disclosure of nonexempt records protected under the Act may be disclosed for research activities under the Domestic Violence Fatality Review Act. Amends the AIDS Confidentiality Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that staff and any designee of the Illinois Criminal Justice Information Authority, members of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and the regional domestic violence fatality review teams are entitled to receive, inspect, copy, and share HIV-related information of any person subject to a domestic violence fatality review as part of and in accordance with the provisions of the Domestic Violence Fatality Review Act. Provides that the information disclosed is subject to the confidentiality requirements of the Domestic Violence Fatality Review Act. Effective immediately.