Criminal Justice

Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Adds a Part concerning Fitness to Stand Trial. Specifies the unfitness standard for a minor. Sets forth procedures to raise the issue of the unfitness of a minor. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a minor. Provides the requirements for the services to attain fitness, the period to obtain fitness, initial and subsequent progress reports, periodic hearings, and in-court assistance to render a minor fit. Specifies time credit and sentencing guidelines for a minor who attains fitness. Provides for the legal disposition of a minor if fitness cannot be attained. Creates the Juvenile Discharge Hearing Task Force to examine the juvenile discharge hearing process, compare Illinois' process with those of other states with juvenile fitness standards, and recommend reforms to the process that ensures minors receive meaningful treatment for existing mental health needs. Provides that the recommendations shall include statutory language to update the juvenile hearing discharge process and whether the juvenile discharge hearing should take place on the same timeframe as discharge hearings for adult offenders. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2027. Repeals task force provisions on January 1, 2028. Contains other provisions. Contains a severability provision. Effective July 1, 2026.

Amends the Code of Criminal Procedure of 1963. Provides that any person may file a petition to vacate a conviction or sentence, regardless of criminal custody status or citizenship or immigration status, as defined in the Illinois TRUST Act, if the person asserts that: (1) the conviction or sentence is legally invalid due to prejudicial error damaging the petitioner's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence; or (2) newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice. Provides that such a petition shall be deemed timely filed at any time notwithstanding any other provision of law. Provides that the time limitations for petitions filed in the trial court under the Post-Conviction Hearing Article of the Code do not apply to a petition filed under this provision. Amends the Code of Civil Procedure. Provides that a provision granting relief from a final order or judgment entered based on a plea of guilty or nolo contendere and that has potential consequences under federal immigration law applies to orders or judgments entered before, on, or after the effective date of the amendatory Act.

Amends the Law Enforcement Camera Grant Act. In provisions relating to the annual report that is required for each law enforcement agency receiving a grant for officer-work body cameras, removes requirements that the report must include specified information relating to each recording used in prosecutions of conservation, criminal, or traffic offenses or municipal ordinance violations and specified information related to recordings used in a civil proceeding or internal affairs investigation.

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 for the prosecution of a homicide. Provides that in any proceeding under this provision, the prosecution shall timely disclose prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a place of detention. Provides that at that time, the prosecution must tender any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained and any other evidence the State intends to rely upon to determine the statement's reliability. Provides that before trial, a defendant may move to exclude a statement alleged to be unreliable. Provides that the defendant shall specifically identify the statement or statements alleged to be unreliable. Provides that at the hearing, it shall be the burden of the prosecutor to prove by a preponderance of the evidence that the statement is reliable. 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 originated with the defendant; (4) whether the defendant recanted the defendant's statement at any time and the circumstances of that recantation; (5) whether the statement was electronically recorded; and (6) any other information relevant to the reliability of the statement.

Creates the Victim Centered Approach Pilot Program Act. Provides that the Lake County State's Attorney shall develop a program to represent noncitizen victims of violent crimes in the filing of victim remedies before the United States Citizenship and Immigration Services Office administrative body. Provides that the Lake County State's Attorney shall use any funding provided to the pilot program to represent or give counsel to 50 noncitizen victims annually for the next 5 years who were victimized by violent crimes in Lake County. Provides that the to be eligible for assistance under the program, an individual must: (1) be a noncitizen victim, who has never been placed in removal proceedings; (2) have suffered a violent crime in Lake County; and (3) not be barred from the immigration remedies before the administrative body. Amends the Counties Code. Provides that, in counties with a population of more than 500,000, a State's Attorney may act, without fee or appointment, as an attorney to a noncitizen victim in an immigration case only if the noncitizen victim was victimized within the county the State's Attorney serves and is located within the geographic boundaries of the county served by the State's Attorney.

Creates the End Gun Violence in Disproportionately Impacted Areas Task Force to study, analyze data, make recommendations, and develop policy proposals addressing the root causes of violence and resulting trauma to drastically reduce gun violence in disproportionately impacted areas.

Condemns the acts of excessive and deadly force deployed by federal agents of Immigration and Customs Enforcement (ICE), Customs and Border Patrol, Homeland Security Investigations, and others operating under the direction of President Donald J. Trump and Department of Homeland Security Secretary Kristi Noem. Calls for a fully independent investigation into all Department of Homeland Security-involved shootings, killings, and deaths in custody. Calls for the appointment of an independent counsel to prosecute agents, administrators, and political appointees found to have committed, directed, or covered up these acts of violence. Calls for the immediate resignation of Secretary Kristi Noem and calls for her immediate impeachment if she refuses to resign.

Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice shall provide resources to persons under the 18 years of age who have been adjudicated delinquent for a nonviolent crime. Provides that a nonviolent crime does not include the use or threat of force toward a person. Provides that the resources shall include: (1) mentoring; (2) access to educational resources in collaboration with the State Board of Education; (3) employment training opportunities; (4) behavioral health services, including trauma informed services; (5) parent supports; and (6) any other resources that the Department deems helpful to youth convicted of nonviolent crimes. Provides that the Department may provide services through existing or new service contracts with community agencies. Provides that the circuit courts and probation departments may refer youth to this program. Provides that the Department shall not provide any supervision of court-ordered conditions under the program. Provides that on or before July 1, 2026, the Department shall publicize on its website the program and the process for referring eligible youth. Provides that the Department shall include the number of youth and families served and a summary of the types of services provided through this program in its annual report.

Reaffirms the right to due process as the bedrock of a fair judicial system. Condemns racial profiling and the violent tactics that are eroding trust in all of law enforcement. Condemns the lawless actions of the Trump Administration that have defied local and constitutional laws and denied people of all types of immigration status their rights to due process.

Amends the Juvenile Court Act of 1987. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 (rather than 13) years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice. Amends the Juvenile Court Act of 1987. Provides that on or after July 1, 2026 and before July 1, 2027, any minor 12 years of age or older arrested pursuant to the Act if there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity, in light of a serious threat to the physical safety of a person or persons in the community or in order to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the past 12 months, may be kept or detained in an authorized detention facility. Provides that on or after July 1, 2027, minors age 12 years of age and under 13 years of age and charged with first degree murder, aggravated criminal sexual assault, aggravated battery in which a firearm was used in the offense, or aggravated vehicular hijacking, may be kept or detained in an authorized detention facility. Provides that no minor under 13 (rather than under 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that instead of detention, minors under the age of 13 who are in conflict with the law may be held accountable through a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program.