Criminal Justice (Policing)

Amends the Missing Persons Identification Act. Provides that, if biological samples are not available from a missing person, then biological samples may be used from any (rather than closely related) biological relatives of the missing person. Provides that biological samples from relatives must be provided voluntarily and that all consent and information forms must be completed and submitted with the samples. Provides that biological samples collected for DNA analysis shall be submitted to an accredited forensic laboratory for DNA testing for entry by a Combined DNA Index System (CODIS) participating laboratory (rather than a Combined DNA Index System (CODIS) or other accredited laboratory where DNA profiles are entered into local, State, and national DNA Index Systems) within 90 days from the date of the police report. Provides that the DNA profiles of biological samples from the remains of unidentifiable individuals collected by a coroner, medical examiner, or assisting law enforcement agency shall be entered into the Combined DNA Index System (CODIS) (rather than the appropriate State and National DNA Index System) within 90 days from the discovery of the remains.

Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that required hate crime training so Illinois may include material to help officers distinguish hate crimes from other crimes, understand and assist the victims of hate crimes, and ensure the accurate reporting of hate crimes, provides that the Illinois State Police shall biannually review the hate crime training curriculum. Provides the Illinois State Police may consult with the commission on discrimination and hate crimes to update the curriculum as needed. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and the completion of continuing education credits for current law enforcement officers who complete the training.

Creates the Facial Recognition Technology in Law Enforcement Act. Provides that a law enforcement agency that uses facial recognition technology shall conduct a compliance audit regarding implementation of the policies established under the Act. Requires the Illinois State Police to publish a report that may contain recommendations for updates in local policies regarding the use of facial recognition technology, overall rates of implementation of policies outlined in the Act, and an assessment of the accuracy and reliability of facial recognition technology used by law enforcement agencies in this State. Provides that facial recognition technology shall not be used by law enforcement agencies or law enforcement officers to analyze an image or recording of individuals (1) engaged in activity that is protected under the United States Constitution or the Illinois Constitution unless there is reasonable suspicion that the individual is actively committing a crime, is about to commit a crime, or has already committed a crime; (2) for the purpose of real or live-time identification of an image or recording; or (3) solely based on an individual's political or social beliefs, the individual's engagement in lawful activities, or the individual's race, color, religious beliefs, sexual orientation, gender, disability, national origin, or housing status. Amends the Illinois Police Training Act. Requires the Law Enforcement Training Standards Board to publish a model statewide policy and curriculum regarding the use of facial recognition technology and other emerging technologies. In provisions concerning the decertification of law enforcement officers, requires administrative law judges presiding over decertification hearings to be trained in, among other things, technological tools that law enforcement officers use in criminal procedures. Amends the Code of Criminal Procedure of 1963. Provides that results generated by facial recognition technology shall not serve as the sole basis to establish probable cause for a warrant for arrest or a search warrant. Effective immediately.

Creates the Law Enforcement Data Sharing Act. Provides that a criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by that agency relating to: (1) a law enforcement stop, search, or seizure; (2) a warrant, arrest, or citation; (3) participation in a pre-arrest or post-arrest diversion, specialty court, or other alternative resolution program; (4) a criminal charge, disposition, or sentence; (5) a pretrial or posttrial release from custody, or any terms or conditions of release; (6) a grant, order, change in the terms of, or termination of pretrial supervised release, probation, parole, or participation in correctional or rehabilitative programs; or (7) a formal discipline, reclassification, or relocation of any person under criminal sentence or correctional control. Provides that a criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by the criminal justice agency that is subject to mandatory or discretionary disclosure to any member of the public under the Freedom of Information Act. Provides that a criminal justice agency may share with a bona fide researcher any other criminal justice data, records, or information, including relevant personally identifying information and demographic information, held by that agency that is responsive to a bona fide researcher's request. Provides that, within 6 months after the effective date of the Act, the Attorney General shall issue guidance to assist criminal justice agencies in complying with the Act's requirements. Provides that a criminal justice agency may assess reasonable fees, not to exceed actual costs, for the search, retrieval, and copying of criminal justice data, records, or information requested under the Act, and may waive fees at their discretion.

Amends the Uniform Crime Reporting Act. Provides that each law enforcement agency shall submit a report to the Illinois State Police after receiving a complaint of a hate crime or other bias-related complaint within 2 weeks of receiving the complaint. Describes information to be contained in the report. Provides that, when handling a hate crime or bias-related complaint, each law enforcement agency shall (1) approach victims in a sensitive and supportive manner; (2) reassure victims that appropriate investigative and enforcement methods will be used by the law enforcement agency to properly address the bias incident; (3) as required by the facts and circumstances surrounding the suspected or confirmed bias incident, ensure that a thorough and complete initial response investigation and a follow-up investigation are conducted, including providing for appropriate community relations activities and crime prevention programs; (4) refer the victims and the witnesses to the appropriate Office of Victim-Witness Advocacy or the Division on Civil Rights; (5) interact with concerned community service organizations, civic groups, and religious institutions regarding the bias incident; and (6) effectively calm victims and reduce their fear and alienation through direct, ongoing official communication regarding the bias incident. Provides that the Illinois State Police must identify patterns and analyze the information reported to it for the purpose of connecting the information to other reported crimes or incidents, create a reporting form or process to receive this information, review all reports, and disseminate to potentially affected law enforcement agencies and create a process for the sharing of all the reported incidents with law enforcement agencies across the State. Provides that each law enforcement agency shall identify a point of contact in regard to hate crime reporting within the agency and provide the Illinois State Police with that person's name and contact information. Provides that the Illinois State Police shall adopt rules identifying other bias-related complaints that must be reported. Makes a conforming change. Amends the Freedom of Information Act to exempt reports and information received under the hate crime and bias-related incident reporting under the Uniform Crime Reporting Act.

Amends the Illinois Police Training Act. Restructures the rules and standards of the Illinois Law Enforcement Training Standards Board for basic training schools. Provides that the Board shall be responsible for establishing basic curriculum for law enforcement officers, county correctional officers, and court security officers. Provides that the Board shall certify in-service courses to be delivered by Mobile Training Units, the Illinois Law Enforcement Training and Standards Board Executive Institute, and other providers. Provides that the curriculum for probationary law enforcement officers shall include courses concerning foundations of law enforcement, human behaviors, investigations, fundamentals of criminal law, law enforcement patrol, law enforcement officer tactics, and officer wellness. Requires the Board to establish minimum basic training requirements that probationary county corrections officers and probationary court security officers must satisfactorily complete before the probationary county corrections officers and probationary court security officers are eligible for permanent employment as county corrections officers or probationary court security officers. Provides that the Board shall adopt rules and minimum standards for the 30 hours of in-service trainings that officers must complete every 3 years. Provides that, annually, a law enforcement officer must satisfactorily complete trainings in law updates, firearm requalification, and officer wellness and mental health. Requires notice of the inactivation to be provided by the Board to the current and prior employer. Provides that a person hired to serve as a court security officer must obtain from the Board a certificate (i) attesting to the officer's successful completion of the training course; (ii) attesting to the officer's satisfactory completion of a training program of similar content and number of hours that has been found acceptable by the Board under the provisions of this Act; or (iii) attesting to the Board's determination that the training course is unnecessary because of the person's extensive prior law enforcement experience.

Amends the Illinois State Police Law and the Illinois Police Training Act to require instruction during training on the policies and procedures for administering a lethality assessment, including referrals to domestic violence services. Amends the Illinois Domestic Violence Act of 1986. Provides that, on or before January 1, 2028, every law enforcement agency shall provide to all of its law enforcement officers instruction on the policies and procedures for administering a lethality assessment as part of basic training. Provides that, on or before July 1, 2028, a law enforcement officer investigating an alleged incident of domestic violence shall administer a lethality assessment if the allegation of domestic violence is against an intimate partner, regardless of whether an arrest is made. Provides that if a victim does not, or is unable to, provide information to a law enforcement officer sufficient to allow the law enforcement officer to administer a lethality assessment, the law enforcement officer must document the lack of a lethality assessment in the written police report and refer the victim to the nearest locally certified domestic violence center. Prohibits a law enforcement officer from including in or attaching to a probable cause statement, written police report, or incident report the domestic violence center to which a victim was referred. Prohibits a law enforcement officer from administering a lethality assessment if the law enforcement officer has not received training on administering a lethality assessment. Makes a conforming change in the Freedom of Information Act.

Amends the Illinois State Police Law and the Illinois Police Training Act to require instruction during training on the policies and procedures for administering a lethality assessment, including referrals to domestic violence services. Amends the Illinois Domestic Violence Act of 1986. Provides that, on or before January 1, 2028, every law enforcement agency shall provide to all of its law enforcement officers instruction on the policies and procedures for administering a lethality assessment as part of basic training. Provides that, on or before July 1, 2028, a law enforcement officer investigating an alleged incident of domestic violence shall administer a lethality assessment if the allegation of domestic violence is against an intimate partner, regardless of whether an arrest is made. Provides that if a victim does not, or is unable to, provide information to a law enforcement officer sufficient to allow the law enforcement officer to administer a lethality assessment, the law enforcement officer must document the lack of a lethality assessment in the written police report and refer the victim to the nearest locally certified domestic violence center. Prohibits a law enforcement officer from including in or attaching to a probable cause statement, written police report, or incident report the domestic violence center to which a victim was referred. Prohibits a law enforcement officer from administering a lethality assessment if the law enforcement officer has not received training on administering a lethality assessment. Makes a conforming change in the Freedom of Information Act.

Creates the DNA Match Notification, Tracking, and Accountability Act. Provides that, no later than one year after the effective date of the Act, the Illinois State Police shall establish and maintain a statewide automated DNA match tracking system to solve cases. Provides that the Illinois State Police may (1) purchase a commercial off-the-shelf software system for tracking if the system meets all of the requirements and (2) apply for federal funding to establish and maintain the automated DNA match tracking system. Provides that the automated DNA match tracking system shall (1) be electronic and cloud-based; (2) receive DNA match notifications from all accredited crime laboratories; (3) automatically route notifications and reminders to designated receiving agencies; (4) record and time-stamp subsequent actions taken by receiving agencies and flag notifications for supervisory review upon missed deadlines or inactivity; (5) produce audit logs, compliance reports, and performance metrics; and (6) ensure data security consistent with applicable privacy and information security laws.

Amends the Freedom of Information Act. Provides that a public body may impose a fee upon a requester for the actual, necessary, and direct cost of redacting recorded audio or video content recordings made under the Law Enforcement Officer-Worn Body Camera Act. Provides that the public body may not impose the fee under specified circumstances. Requires the public body to provide the requester, in writing, with an estimate of the amount of the fee to be charged before before fulfilling the request.