Criminal Justice

Amends the Criminal Code of 2012. Provides that when compensation for labor or services is ordinarily paid immediately upon the rendering of the labor or services, the trier of fact may infer that the labor or services were obtained by deception if the person refuses to pay or absconds without payment or without an offer to pay for the labor or services. Effective immediately.

Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it shall be a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Defines "electronic communication device".

Amends the Criminal Code of 2012. Changes the definition of "gambling device" to include any vending or other electronic machine or device, including, without limitation, a machine or device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits that offers a person entry into any contest, competition, sweepstakes, scheme, plan, or other selection process that involves or is dependent upon an element of chance for which the person may receive a gift, award, or other item or service of value if that offer is incidental to or results from: (A) the purchase of an item or service of value; or (B) the purchase or gratuitous receipt of a coupon, voucher, certificate, or other similar credit that can be redeemed for or applied towards an item or service of value from such machine or device or elsewhere. Provides that a person shall not be convicted of gambling if the person participates in a game of skill or chance where money or other things of value can be won but no payment or purchase is required to participate, except where conducted through the use of a gambling device or by means of the Internet. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Amends the Video Gaming Act. Removes a provision allowing for the use of a game device without a license if the game device is used in an activity that is not gambling under the Criminal Code of 2012. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that if a person has 2 or more pending misdemeanor charges involving a firearm or 4 or more pending Class A misdemeanor charges, the defendant may be charged as a habitual misdemeanant offender. Provides that the provision does not apply unless each of the following requirements are satisfied: (1) the third offense occurred after the second offense; (2) the second offense occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that the charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.

Amends the Unified Code of Corrections. Provides that it is a factor that shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence that the defendant committed an act of sexual conduct or sexual penetration with a student at a school and the defendant was employed as school personnel and the act of sexual conduct or sexual penetration occurred, regardless of the place of occurrence of the act of sexual conduct or sexual penetration, at the time the defendant was employed as school personnel. Defines "school personnel" and "student".

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked after a hearing on the court's own motion or upon the filing of a verified petition by the State if the defendant: (1) is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release; (2) has abused or manipulated the pretrial release system causing undue delay on the proceedings; or (3) has shown that he or she will not appear for court regardless of the conditions of release that are imposed (rather than when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release). Establishes procedures for the pretrial release revocation hearings. Provides that the revocation hearing shall occur within 96 (rather than 72) hours of the filing of the State's petition or the court's motion for revocation. Provides that sanctions for violations of pretrial release may include imprisonment in the county jail for a period not exceeding 60 (rather than 30) days.

Amends the Unified Code of Corrections. Restores the general recidivism provisions of the Code before the effective date of Public Act 101-652. Provides that the third-time offender provisions resulting in a sentence of natural life imprisonment apply when the defendant has attained the age of 18 at the time of the third offense (rather than 21 years of age or older when the first offense was committed). In the provision that when a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible felony after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 forcible felony was committed) classified in Illinois as a Class 2 or greater Class forcible felony and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender, provides that the 3 offenses may be felonies rather than forcible felonies. Provides that the Class X sentencing provision does not apply to Class 1 or Class 2 felony convictions for theft.

Amends the Criminal Code of 2012. Provides that the penalty for aggravated battery is a Class 2 felony (rather than a Class 3 felony) when the person knows the individual battered to be a judge, State's Attorney, or Assistant State's Attorney: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for any offense, that pretrial release shall be revoked if the defendant is charged with an offense that is alleged to have occurred within or outside this State during the defendant's pretrial release, regardless of the classification of the offense (rather than when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release), after a hearing on the court's own motion or upon the filing of a verified petition by the State.

Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with stalking or aggravated stalking, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of a victim of the alleged offense, based on the specific articulable facts of the case (rather than denial of release is necessary to prevent fulfillment of the threat upon which the charge is based).