Criminal Justice

Amends the State Police Act. Provides that notwithstanding any other provision of law, on and after the effective date of the amendatory Act, any State mandate regarding the matter of the training of Illinois State Police Officers that necessitates additional expenditures from the Illinois State Police or any State agency shall be void and unenforceable unless the General Assembly makes necessary appropriations to implement that training mandate. Provides that the failure of the General Assembly to make necessary appropriations shall relieve the Illinois State Police or State agency from the obligation to implement any State mandate. Amends the Illinois Police Training Act. Provides that notwithstanding any other provision of law, on and after the effective date of the amendatory Act, any State mandate regarding the matter of the training of law enforcement officers that necessitates additional expenditures from the Illinois Law Enforcement Training Standards Board, the Illinois State Police, or any State or local law enforcement agency or unit of local government shall be void and unenforceable unless the General Assembly makes necessary appropriations to implement that training mandate. Provides that the failure of the General Assembly to make necessary appropriations shall relieve the law enforcement agency, State agency, or unit of local government of the obligation to implement any State mandate.

Amends the Juvenile Court Act of 1987. Provides that a parent may request one substitution of a guardian ad litem during the entire juvenile court proceedings, upon request to the judge. Provides that the judge shall review the request and grant the substitution if the judge finds that the parent has good cause for believing that the guardian ad litem is not fulfilling his or her duties. Provides that the bibliography containing information developed and distributed to guardians ad litem by the Department of Children and Family Services shall contain information on the effects of trauma and household domestic violence on children and teens and on mental health disorders.

Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement agency shall disclose a recording made with the use of an officer-worn body camera, upon request, to (i) the subject of the encounter captured on the recording, (ii) the legal representative of the subject of the encounter captured on the recording, (iii) the officer who wore the camera that made the recording, (iv) the legal representative of the officer who wore the camera that made the recording, (v) a person who has written permission from the subject of the encounter to receive the recording, or (vi) a person who has written permission from the officer who wore the camera that made the recording to receive the recording. Provides that all recordings made with an officer-worn body camera may (rather than must) be destroyed after 90 days, unless any encounter captured on the recording has been flagged. Makes changes to the definition of "law enforcement officer" in the Act. Amends the Eavesdropping Article to the Criminal Code of 2012. Provides that recordings made in accordance with the Law Enforcement Officer-Worn Body Camera Act are exempt from the Article. Effective immediately.

Amends the Criminal Code of 2012. Provides that, with certain exceptions, the sentence for an offense based upon legal accountability for the conduct of another person in which the accountability is determined by the trier of fact beyond a reasonable doubt is as follows: (1) the sentence for first degree murder based upon legal accountability is the sentence for a Class X felony; (2) the sentence for a Class X felony based upon legal accountability is the sentence for a Class 1 felony; (3) the sentence for a Class 1 felony based upon legal accountability is the sentence for a Class 3 felony; (4) the sentence for a Class 2 felony based upon legal accountability is the sentence for a Class 4 felony; (5) the sentence for a Class 3 felony based upon legal accountability is the sentence for a Class A misdemeanor; (6) the sentence for a Class 4 felony based upon legal accountability is the sentence for a Class B misdemeanor; (7) the sentence for a Class A misdemeanor based upon legal accountability is the sentence for a Class C misdemeanor; and (8) the sentence for a Class B misdemeanor, Class C misdemeanor, or a petty offense based upon legal accountability is the sentence for a petty offense.

Amends the Criminal Code of 2012. Deletes a provision that timely notice to a retail mercantile establishment that is a victim of retail theft, organized retail crime, financial institution fraud, or looting shall include 7 days' notice of any court proceedings. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not refuse to complete a written report as required by the Protective Orders Article of the Code on any ground. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning an incident of abuse. Provides for the vacation of a conviction (rather than only prostitution convictions) if the defendant was a victim of human trafficking. Provides that the determination of the motion shall be by a preponderance of the evidence. Provides that evidence demonstrating the defendant's status as a victim of trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that, regardless of whether the court grants a motion to vacate the sentence, it may permit the defendant to file an expedited petition for expungement or sealing under the Criminal Identification Act to be heard whenever possible before the same judge to whom the motion to vacate his or her conviction was presented upon 30 days' notice to those entitled to notification of expungement or sealing proceedings. Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.

Amends the Illinois Insurance Code. Provides that an insurer or producer authorized to issue policies of insurance in the State may not make a distinction or otherwise discriminate between persons, reject an applicant, cancel a policy, or demand or require a higher rate of premium for reasons based solely upon the basis that an applicant or insured has been convicted of a felony.

Creates the Preventing Targeted Violence Act. States the purpose of the Act. Provides that a community support team may be established by a unit of local government. Provides that membership of the community support teams is limited to participating member agencies. Provides that membership of a community support team shall include at least one member from specified entities. Provides that a participating member agency is any agency, organization, or entity located in or serving the geographic area encompassed by the community support team that may elect to present a case to the community support team for case review and behavioral threat assessment and management consultation. Provides that a member of a community support team shall be appointed by the head of the participating member agency. Provides the duties and responsibilities of a community support team. Requires community support teams to comply with all applicable laws governing the sharing of confidential records. Provides that, if acting in good faith, without malice, and within the protocols established by the Act, then members of the community support team, community support team staff, participating member agency staff, and anyone participating in a case review shall have immunity from administrative, civil, or criminal liability for an act or omission related to the participation in a case review with specified exceptions.

Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Provides that the court shall (rather than may) award the petitioner costs and attorney's fees if a stalking no contact order is granted. Provides that the court shall award the petitioner costs and attorney's fees if a civil no contact order is granted.

Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall publish on its official public website and provide to registered victims information regarding how to submit a victim impact statement. Provides that the Prisoner Review Board shall consider victim impact statements from any registered victims. Provides that any registered victim, including a person who has had a final, plenary, non-emergency, or emergency order of protection granted under the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, may present victim statements that the Prisoner Review Board shall consider in its deliberations. Provides that all victim statements shall be redacted from any transcripts or recordings of hearings that are provided to anyone other than Board members and the petitioner or parole candidate. Amends the Unified Code of Corrections. Provides that each member and commissioner of the Prisoner Review Board shall be required to complete a training course developed and administered in consultation with the Department of Corrections. Provides that the training shall be provided to new members and commissioners of the Prisoner Review Board within 30 days of the start of their service and before they take part in any hearings. Establishes the requirements of that training. Establishes a Director of Victim and Witness Services under the jurisdiction of the Prisoner Review Board. Creates the Survivor Safety and Support Fund as a special fund in the State treasury. Provides that the Fund shall be used to support survivors who have been found to be a party of an ongoing criminal or civil case against a petitioner or parole candidate or are registered victims through the Prisoner Review Board or Department of Corrections. Provides that before the Board makes a decision on whether to revoke an offender's parole or mandatory supervised release, the Prisoner Review Board must run a LEADS report. Amends the State Finance Act and the Illinois Pension Code to make conforming changes. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that a no-knock search warrant shall not be issued when the only offense alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use. Provides that when an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer; (3) In counties of 90,000 or more inhabitants, be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice; (4) wear and activate a body-worn camera as required by the use of force in execution of a search warrant when entering a premises for the purpose of enforcing the law; (5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed; (6) be prohibited from pointing firearms at individuals under 18 years old, unless there is clear and present danger to the officer or another person; and (7) knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a minimum of 30 seconds of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this provision does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by the law enforcement officers executing the search. Makes other changes.