Criminal Justice

SB 4082 is an appropriations bill allocating $100.7 million from the General Revenue Fund to cover the Illinois Attorney General's operational expenses for fiscal year 2027. It also directs specific funding from other sources - like $11 million for crime victim assistance, $5 million for equal justice programs, $2.5 million for Medicaid fraud enforcement, and $7 million for child support enforcement - to support targeted AG office functions. The bill does not create new policies but provides dedicated funding streams for existing programs under the Attorney General’s jurisdiction. It takes effect July 1, 2026, and affects all state-level law enforcement and victim services administered by the Attorney General’s office.

Amends the Criminal Code of 2012. Creates the offense of domestic assault. Provides that a person commits the offense when, without lawful authority, he or she knowingly engages in conduct that places any family or household member in reasonable apprehension of great bodily harm, or permanent disability or disfigurement. Provides that if the defendant is arrested for domestic assault, upon release of the defendant from custody pending trial, the court, at the preliminary examination, shall order that the defendant refrain from contact or communication with the victim of the domestic assault and refrain from entering or remaining at the victim's residence for a minimum of 72 consecutive hours. Provides that domestic assault is a Class A misdemeanor. Defines "family or household member".

Makes appropriations for the ordinary and contingent expenses of the Illinois Law Enforcement Training Standards Board for the fiscal year beginning July 1, 2026, as follows: Other State Funds $133,287,910; Federal Funds $8,000,000; Total $141,287,910.

Creates the Persistent Domestic Violence Offender Database Act. Requires the Illinois State Police to establish and maintain a Statewide Persistent Domestic Violence Offender Database for the purpose of identifying persistent domestic violence offenders. Requires the Illinois State Police to maintain the database based upon information supplied by the court clerks and information available to the Illinois State Police from the Department of Corrections and local law enforcement agencies. Requires the Illinois State Police to make the information contained in the database accessible to the public on the agency's Internet home page and update that information as it deems necessary. Sets forth the information that must be stored in the database. Provides that if a person is convicted of a domestic violence offense and the person convicted has at least one prior conviction for a domestic violence offense or if a person has an order of protection granted against them and the person has at least one prior order of protection granted against them, then the court shall, upon proof of any prior domestic violence offense convictions or order of protection, order the person to register as a persistent domestic violence offender. Requires the court clerk to forward to the Illinois State Police a certified copy of the qualifying conviction or order of protection and the date of birth of any person ordered to register as a persistent domestic violence offender. Contains provisions on registration fees. Requires the Illinois State Police to remove a registered person's name and other information from the database after a specified number of years following the person's last conviction. Provides that the Act applies only to persons convicted of a domestic violence offense or to persons against whom an order of protection is granted on or after January 1, 2027; however, a prior conviction is not required to occur on or after January 1, 2027.

Amends the Criminal Code of 2012. Creates the offense of unlawful restraint for civil immigration enforcement. Provides that a person commits the offense when he or she knowingly and without express legal authority from an immigration agent: (1) detains another for the purpose of civil immigration enforcement; (2) by force or threat of imminent force transfers another person from one place to another with the intent to detain the other person for civil immigration enforcement; (3) by deceit or enticement induces another person to transfer from one place to another with intent to detain the other person for civil immigration enforcement; or (4) uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement. Provides that a violation does not apply to an immigration agent. Provides that a violation is a Class 4 felony unless a deadly weapon is used while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement, in which case the violation is a Class 3 felony.

Amends the Criminal Code of 2012. Provides that a person over the age of 18 commits failure to report sexual abuse of a child when he or she is aware of, has a reasonable belief, or personally observes (rather than just personally observes) sexual abuse, between a person who he or she knows is over the age of 18 and a person he or she knows is a child under the age of 13, and knowingly fails to report the sexual abuse to law enforcement.

Creates the Drone Safety and Interference Prevention Act. Creates the offenses of (1) unlawful imaging of an emergency response activity; (2) unlawful operation over critical infrastructure facilities; and (3) unlawful operation of a drone over a correctional institution or facility. Defines these offenses and establishes penalties. Provides that a private person or entity operating a drone in the State is prohibited from equipping or using on the drone any firearm, weaponized laser, kinetic impact projectile, chemical agent or irritant, or any other lethal or non-lethal weapon. Provides that a law enforcement officer may seize a drone and any attached equipment, including any image-capturing devices, storage media, or weapons, if the officer has probable cause to believe the drone was used or operated in violation of the Act. Provides that any drone or equipment seized under the Act is subject to forfeiture in accordance with the Criminal Code of 2012 and the Forfeiture Article of the Code of Criminal Procedure of 1963, as applicable. Provides that the State may use forfeited drones and equipment for law enforcement purposes, including training and counter-drone operations. Provides that prior to forfeiture, the court shall provide notice and an opportunity for hearing to the owner or operator of the drone, unless the drone was abandoned or unclaimed. Provides that, if the court determines, by a preponderance of the evidence, that the drone was used in violation of the Act, the drone shall be forfeited to the State. Provides that any images or data seized under the provision shall be retained only if there is a reasonable suspicion they contain evidence of a crime. Provides that all other data must be deleted within 30 days unless relevant to an ongoing investigation. Provides that the State, any unit of local government, any law enforcement agency or any officers or agents of those entities that are acting reasonably and in good faith to enforce the Act are not civilly liable for damage to or loss of a drone, except for willful or wanton misconduct. Provides that the Act shall be enforced by State and local law enforcement agencies. Provides that enforcement data under the Act shall be reported through the Illinois State Police's existing Uniform Crime Reporting program. Contains a severability provision. Effective January 1, 2027.

Amends the Illinois Vehicle Code. Provides that fleeing or attempting to elude a peace officer is a Class 4 felony instead of a Class A misdemeanor and that a third or subsequent violation is a Class 3 felony instead of a Class 4 felony. Provides that aggravated fleeing or attempting to elude a peace officer is a Class 3 felony instead of a Class 4 felony and that a second or subsequent violation is a Class 2 felony instead of a Class 3 felony. Effective immediately.

Amends the State Budget Law of the Civil Administrative Code of Illinois. Sets forth additional requirements for the benefit cost analysis performed by the Budgeting for Results Commission as part of its annual report. Provides that the benefit cost analysis conducted for any crime prevention programs shall include data and information provided by crime prevention programs, victims rights groups, and law enforcement agencies in the State.

Amends the Civil No Contact Order Act, the Illinois Domestic Violence Act of 1986, and the Protective Orders Article of the Code of Criminal Procedure of 1963. Provides that the court is encouraged to impose (i) a minimum penalty of 48 (rather than 24) hours imprisonment for a first violation of a civil no contact order, an order of protection, or a protective order and (ii) a minimum penalty of 96 (rather than 48) hours imprisonment for a second or subsequent violation of a civil no contact order, an order of protection, or a protective order.