Criminal Justice

Amends the Criminal Code of 2012. Provides that when the victim is under 18 years of age at the time of the offense, a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons and related offenses may be commenced at any time (rather than within 25 years of the victim attaining the age of 18 years).

Amends the Court of Claims Act. Provides that exhaustion of remedies is not required for any person who files a claim in the court for damages based on the Code of Civil Procedure provisions pertaining to actions for personal injury based on childhood sexual abuse. Contains a statement of findings and intent. Provides that the changes made by the amendatory Act applies to all actions pending or commenced on or after the effective date of the amendatory Act and to any action that would not have been time barred under the statute of limitations or statute of repose under the Code of Civil Procedure affecting childhood sexual abuse before the effective date of the amendatory Act.

Amends the Cannabis Regulation and Tax Act. In provisions regarding the Restore, Reinvest, and Renew (R3) Program, requires, within 90 days after the effective date of the amendatory Act, the President of the Senate and Speaker of the House to jointly appoint to the R3 Program Board 8 individuals who fulfill residency requirements, who possess certain expertise or backgrounds in an R3 Area, and who are appointed jointly by the Speaker of the House of Representatives and the President of the Senate from nominations received from not-for-profit organizations that are currently in existence and have been continuously in operation in the R3 Area since 1980. Changes other appointments to the R3 Program Board. Provides that general grant funds (rather than grant funds) shall be awarded by the Illinois Criminal Justice Information Authority, in coordination with the R3 Program Board. Establishes the R3 Community Steering Committee. Requires, within 60 days after the effective date of the amendatory Act, the President of the Senate and Speaker of the House to jointly appoint to the R3 Community Steering Committee 9 individuals from among individuals nominated by any not-for-profit organization that is currently in existence and has been continuously in operation in an R3 Area since 1968. Requires the nominees to possess certain expertise in an R3 Area and to fulfill residency requirements. Requires the Restore, Reinvest, and Renew (R3) Program to allocate and set aside at least 25% and no more than 30% of its annual funds for targeted community grant funding programs to be created, organized, and awarded by the Department of Commerce and Economic Opportunity, in coordination with the R3 Community Steering Committee. Provides that funding for legal services under the R3 Program shall exclude R3 Areas in Cook County unless approved by the Department of Commerce and Economic Opportunity, in coordination with the R3 Community Steering Committee. Changes the definition of "Authority". Makes technical changes.

Amends the Code of Criminal Procedure of 1963. Provides that victims shall be provided access to all discovery materials, including, but not limited to, police reports, relevant cellular communication data, and communications between parties, upon request, in accordance with the Crime Victims' Rights provision of the Bill of Rights Article of the Illinois Constitution and the Rights of Crime Victims and Witnesses Act to aid in their protection against future harm and preparation for civil litigation. Amends the Rights of Crime Victims and Witnesses Act. Provides that crime victims shall have the right to discovery information, upon request, for protection and civil litigation preparation. Provides that victims of crimes shall have the right to request and receive, upon request, discovery information that is directly relevant to the criminal case and pertinent to the victim's involvement in the case. Establishes procedures for the victim to obtain discovery information. Provides that the disclosure of discovery materials must be done in a manner that safeguards the victim's personal safety and privacy, especially in cases in which there is a known risk of further harm or retaliation by the defendant or others involved in the case. Provides that discovery materials disclosed may only be used for the purpose of understanding the criminal case and preparing for potential civil litigation. Provides that the information may not be disclosed to third parties or used for any purpose unrelated to the criminal proceedings or related civil litigation. Provides that failure of law enforcement or the office of the prosecuting attorney to comply with the disclosure of discovery materials within the required time frame may result in a civil penalty of up to $50,000, or disciplinary action, or both, as determined by the appropriate oversight body. Effective immediately.

Amends the Criminal Code of 2012. Creates the offense of failure to report a death. Provides that a person commits the offense when he or she knows or reasonably should know that a person is deceased and fails to report the death to a law enforcement agency within 24 hours after the person's discovery of the death. Provides that a person must report the death of another person to the law enforcement agency of the county where the corpse was found if the person believes that the death was caused by a homicide, accident, or other suspicious circumstance. Provides that a violation is a Class 4 felony. 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 when the defendant is charged with failure to report a death and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case.

Amends the Illinois TRUST Act. Provides that law enforcement may not: (i) retain information regarding the citizenship or immigration status or place of birth of any individual; (ii) give any immigration agent access, including by telephone or other communication medium (rather than only including by telephone), to any individual who is in that agency's custody; (iii) permit immigration agents' use of agency facilities or equipment, including any agency electronic databases not available to the public (rather than permit immigration agents use of agency facilities or equipment, including any agency electronic databases not available to the public, for investigative interviews or other investigative or immigration enforcement purpose); or (iv) provide information to any immigration agent regarding any individual in the agency's custody (rather than provide information in response to any immigration agent's inquiry or request for information regarding any individual in the agency's custody). Provides that law enforcement may not enter into or maintain any agreement regarding direct access to any electronic database or other data-sharing platform maintained by a law enforcement agency, or otherwise provide such direct access to a federal entity enforcing civil immigration law or any third parties unless such third parties certify that the information will not be used for civil immigration purposes or knowingly disseminated for any purpose related to civil immigration enforcement. Adds provisions from the Keep Illinois Families Together Act to the Illinois TRUST Act. Changes reporting requirements. Removes certain provisions from the legislative purpose. Changes definitions. Repeals the Keep Illinois Families Together Act. Effective immediately.

Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Reorganizes and expands the training overseen by the Division of the Academy and Training. Provides that functions of the Division of Forensic Services include issuing reports for certain drug tests, overseeing training in entering medical and dental information into certain databases, and providing information to local law enforcement agencies about best practices for handling death scene investigations. Requires the Illinois State Police to make a report containing the number of juvenile records that the Illinois State Police received in that quarter (rather than requiring the Illinois State Police to submit the report to the General Assembly). Provides that the Illinois State Police may receive revenue and real and personal property from any legal source, grants, pass-through grants, donations, and lawful appropriations. Requires the Illinois State Police to establish a State Missing Persons Clearinghouse as a resource to promote an immediate and effective community response to missing children. Provides that, beginning January 1, 2026, the Governor shall designate the chair of the Illinois Forensic Science Commission for a 2-year term. Changes references to districts to troops in the Volunteer Firefighting Unit Use Act. Amends the Statewide Organized Gang Database Act. Defines "LEADS" as the Law Enforcement Agencies Data System, which is a statewide communication and processing system that permits law enforcement and criminal justice agencies to have direct access to centralized data. Replaces references to "SWORD" with "LEADS". Makes conforming changes in the Illinois Police Training Act. Replaces "Division of Investigation" with "Division of Criminal Investigation" in the Intergovernmental Drug Laws Enforcement Act and the Illinois Vehicle Code. Makes other changes. Effective January 1, 2026.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. In provisions concerning applicants with criminal convictions, requires the Department of Financial and Professional Regulation to consider various factors when considering whether a prior conviction is directly related to the ability of an applicant to safely perform the duties, functions, and responsibilities of the position (instead of whether a prior conviction will impair the ability of the applicant to engage in the practice). Sets forth provisions concerning written findings in an adverse decision, appeal rights, notice requirements, and criminal records not subject to disclosure by an applicant. Removes the requirement that a person who is licensed or registered to engage in any of the professions licensed or registered by the Department be of good moral character. Prohibits the Department from using a vague term in its consideration of a criminal record and decision regarding whether a criminal record is disqualifying for licensure, certification, or registration, including, but not limited to, "good moral character", "moral turpitude", or "character and fitness". Makes other changes. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department because it was submitted by a person who is incarcerated. Provides that when determining the qualifications for a license, the Department shall include practice that is supervised by a licensee while a person is incarcerated.

Amends the Victims' Economic Security and Safety Act. Provides that every employer covered under the Act shall permit an employee or an employee's family or household member who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence to utilize for personal use an employer-provided electronic device to document or communicate an act of domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or the employee's family or household member. Requires employers to grant an employee who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence or an employee who has a family or household member who is a victim or alleged victim or domestic violence, sexual violence, gender violence, or any other crime of violence access to any photographs, voice or video recordings, sound recordings, or any other digital documents or communications stored on an employer-provided electronic device issued to the employee whenever such photographs, voice or video recordings, sound recordings, or other digital documents or communications are needed by the employee or the employee's family or household member during a criminal action or proceeding to establish or support an allegation of domestic violence, sexual violence, gender violence, or any other crime of violence. Provides that, if an employee is seriously injured or incapacitated, the employer shall grant access to the described materials to a family or household member of the employee who requests access from the employer and whose interests are not adverse to the employee as it relates to the domestic violence, sexual violence, gender violence, or other crime of violence. Provides that every employer covered by the Act shall post and keep posted, in conspicuous places where employees are employed, a notice, to be prepared or approved by the Director of Labor, explaining these provisions. Effective immediately.

Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, in county juvenile detention facilities, or in Illinois Youth Centers, on parole or probation, or registered as a sex offender if the person was unjustly convicted or adjudicated a delinquent and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or adjudicated a delinquent or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole or probation or required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, in a county juvenile detention facility, or in a Illinois Youth Center, on parole or probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.