Criminal Justice

Amends the Code of Criminal Procedure of 1963. In a provision concerning the prosecution of a person for an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, deletes a provision which states that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall occur outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television. Deletes that this presumption may be overcome if the defendant can prove by clear and convincing evidence that the child victim will not suffer severe emotional distress. Provides that, if the court denies the State's request for the child victim's testimony to be taken outside the courtroom, the court shall toll the speedy trial requirements for 30 days to allow the State to present the motion to the court again before trial requesting the child's testimony to be taken outside the courtroom by means of a closed circuit television.

Amends the Criminal Code of 2012. Modifies the offense of unauthorized video recording and live video transmission to also include unauthorized photographing. Provides that it is unlawful for any person to knowingly make a video record or transmit live video of or photograph another person in a courtroom or any location inside of a State courthouse without that person's consent or judicial authorization. Provides that a violation is a Class 4 felony or a Class 3 felony if the victim is a person who is a victim or witness in a criminal case and is present in court in his or her capacity as a victim or witness. Provides that it is unlawful for any person to place or cause to be placed a device that makes a video record or transmits live video or photographs another person in a courtroom or any location inside of a State courthouse without that person's consent or judicial authorization. Provides that a violation is a Class A misdemeanor. Defines "courthouse".

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.

Amends the Judges Article of the Illinois Pension Code. Specifies that a person who serves as a full-time member of the Prisoner Review Board does not violate the Code's return-to-work provisions on the basis of service on the Prisoner Review Board. Amends the Rights of Crime Victims and Witnesses Act. Provides that persons who have final, plenary, or non-emergency protective orders granted against the petitioner or parole candidate may submit victim statements. Provides that the Prisoner Review Board shall publish on its official website, and provide to registered victims, procedural information on how to submit victim statements. Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may contain members who have experience in advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence. Provides that at least 3 members of the Board (currently, 6) must have at least 3 years experience in the field of juvenile matters. Provides that a total of 7 members must have at least 5 years' experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. Contains provisions concerning training for members and commissioners of the Prisoner Review Board. Makes changes concerning factors to be considered by the Board in deciding whether to grant or deny parole. Provides that, prior to entering an order discharging a person from parole or mandatory supervised release, the Prisoner Review Board shall provide notice and a 30-day opportunity to comment to any registered victim. Requires the Department of Corrections to prepare a report describing whether the subject has completed the mandatory conditions of parole or mandatory supervised release. Contains provisions concerning LEADS reports. Provides that all petitioners for clemency and medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference. Makes other changes. Effective immediately.

Amends the Illinois Vehicle Code. Removes the requirement that cannabis within any area of a motor vehicle must be in an odor-proof container. Provides that if a motor vehicle is driven or occupied by an individual 21 years of age or over, a law enforcement officer may not stop or detain the motor vehicle or its driver nor inspect or search the motor vehicle, the contents of the motor vehicle, or the operator or passenger of the motor vehicle solely based on the odor of burnt or raw cannabis.