Criminal Justice

Amends the Unified Code of Corrections. Creates the Department of Corrections Independent Ombudsperson Law. Provides that the Corrections Oversight Committee shall appoint the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall serve a term of 6 years and may be only removed from office by the Governor for cause. Provides that the Independent Corrections Ombudsperson shall not be a current or former employee of the Department of Corrections, the Department of Juvenile Justice, or a contractor for those departments. Establishes the duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall: (1) monitor and inspect facilities of the Department of Corrections; (2) investigate unresolved complaints from committed persons, their families, and corrections staff regarding correctional facility conditions and treatment of committed persons; (3) create a uniform reporting system and collect and analyze data related to deaths, suicides, sexual and physical assaults, lockdowns, staff vacancies and committed persons-to-staff ratios, visits to committed persons, and use of solitary confinement in correctional facilities; (4) conduct regular inspections of correctional facilities at least once every year for facilities not meeting standards, and at least once every 36 months for facilities that are meeting standards; and (5) publicly issue periodic facility inspection reports and an annual report with recommendations and a summary of data. Establishes other duties of the Independent Corrections Ombudsperson. Provides that the Independent Corrections Ombudsperson shall report regularly on its activities, investigations, and inspections, including an annual report, which shall be presented to and discussed at a meeting of the Corrections Oversight Committee and make other reports on topics of special interest. Provides that all reports of the Independent Corrections Ombudsperson shall be made available to the public online and provided to the Director of Corrections, the Governor, the Attorney General, and the House and Senate Judiciary Committees. Effective July 1, 2026.

Amends the Seizure and Forfeiture Reporting Act. Provides that each law enforcement agency that seizes, forfeits, or receives property subject to reporting under the Act shall report certain information about each seizure and forfeiture of property to the Illinois State Police no later than 60 days after December 31 of the year in which the property is seized or forfeited. Adds certain required information, including the accused person's race, sex, age, and zip code, as well as a citation to the statutory authorities under which the property was seized and the accused person was arrested, to the information to be submitted in a report. Adds certain required information from court records about each forfeiture of property to the information to be reported to the Illinois State Police. Provides that if an agency did not seize, forfeit, receive, or spend forfeiture funds, it shall file a null report with the Illinois State Police. Provides that the annual report shall include an aggregate summary of all seizures and forfeitures carried out and their respective proceeds, as well as other information, including categories of expenditures, such as investigation and litigation expenses, software, hardware, appliances, canines, surveillance technology, IMSI catchers, operating expenses, and administrative expenses. Provides that the Illinois State Police shall post annually on its website aggregate data for each law enforcement agency with certain information. Provides that the Illinois State Police shall, 120 days after the end of each calendar year, submit to the General Assembly, Attorney General, and Governor, as well as post on its website, a written report that summarizes certain activity in the State for the preceding year regarding property seized and related expenditures at the State and local levels, with categorized accounting and other requirements. Provides that the Illinois State Police may include certain recommendations in its report. Provides that the Illinois State Police shall, on or before January 1, 2026 (rather than 2019), establish and implement the requirements of this Act. Makes other changes.

Amends the Illinois Municipal Code. Prohibits municipal ordinances that regulate truants from including a fine or fee for violations or providing for enforcement by citation. Amends the School Code. Requires a memorandum of understanding between a local law enforcement agency and a school district for any school district that uses a school resource officer; sets forth requirements for the memorandum. Provides that a student is prohibited from being issued a monetary fine or fee by any person (rather than providing that a student may not be issued a monetary fine or fee) as a disciplinary consequence. Prohibits school personnel of a school district from referring a student to any other local public entity or a local law enforcement agency for that entity or agency to issue the student a monetary fine or fee as a disciplinary consequence. Prohibits a school district from referring a truant, chronic truant, or truant minor to any other local public entity for that local public entity to issue the child's parent or guardian a fine or a fee as punishment for the child's truancy. Makes conforming and other changes.

Amends the Firearm Owners Identification Card Act. Provides that notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card.

Amends the Criminal Code of 2012. Provides that for the purposes of the statutes prohibiting the presence within school zone by child sex offenders and prohibiting their approaching, contacting, residing with, or communicating with a child within certain places and prohibiting sexual predators and child sex offenders presence or loitering in or near public parks, includes in the definition of child sex offender when the victim is a person under 18 years of age at the time of the commission of the offense, a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense that involves: (1) knowingly making a video record or transmitting live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom; (2) knowingly making a video record or transmitting live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent; or (3) placing or causing to be placed a device that makes a video record or transmitting a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmitting live video of another person without that person's consent. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a person who committed a violation or attempted violation of these video recording or live video transmission violations.

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 Sex Offender Registration Act. Includes in the definition of "sex offense" under the Act, home invasion in which the defendant commits against any person or persons within the dwelling place criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse.

Amends the Unified Code of Corrections relating to certificates of expungement for Class 3 and 4 felonies. Eliminates the requirement that a certificate of expungement may only be issued to a person who has served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty and who meets the requirements of this provision. Expands the offenses ineligible for a certificate of expungement to include offenses involving domestic violence as defined in the Protective Orders Article of the Code of Criminal Procedure of 1963, including aggravated assault, aggravated battery, violation of an order of protection, domestic battery, or aggravated domestic battery. Amends the Criminal Identification Act. Provides that, notwithstanding the eligibility requirements of the expungement provisions, upon the issuance of a certificate of expungement by the Prisoner Review Board under the Unified Code of Corrections, the circuit court shall automatically expunge all records of arrests or charges not initiated by arrest and all court records that resulted in the conviction for the Class 3 or Class 4 felony listed in the certificate of expungement.

Amends the Criminal Code of 2012. Provides that a prosecution for drug-induced homicide may be commenced within 10 years (rather than 3 years) after the commission of the offense.

Amends the Rights of Crime Victims and Witnesses Act. Provides that the written statement and explanation of the rights of crime victims provided by a law enforcement agency that investigates an offense committed in the State to a crime victim shall include the ability to file a complaint against an individual who is licensed by the Department of Financial and Professional Regulation.