Criminal Justice

Amends the Illinois Vehicle Code. Removes the requirement that cannabis within any area of a motor vehicle must be in an odor-proof container. Provides that if a motor vehicle is driven or occupied by an individual 21 years of age or over, a law enforcement officer may not stop or detain the motor vehicle or its driver nor inspect or search the motor vehicle, the contents of the motor vehicle, or the operator or passenger of the motor vehicle solely based on the odor of burnt or raw cannabis.

HB 1968 proposes to appropriate $2 from the General Revenue Fund to the Illinois State Police. These funds are designated to cover the department's ordinary and contingent expenses for Fiscal Year 2026, with an effective date of July 1, 2025.

Amends the Educator Licensure Article of the School Code. In provisions concerning the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, includes in the definition of "sex or other offense" abuse by an educator or authority figure as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Creates the offense of abuse by an educator or authority figure. Provides that a person commits the offense if that person is an educator or authority figure at the school, the student is at least 18 years of age but under 23 years of age, the person is at least 4 years older than the student and holds or held within the previous year a position of trust, authority, or supervision in relation to the student in connection with an educational or extracurricular program or activity, and the person either: (1) commits an act of sexual conduct with the student; or (2) commits an act of sexual penetration with the student. Provides that abuse by an educator or authority figure involving sexual conduct is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense or if there is more than one victim. Provides that abuse by an educator or authority figure involving sexual penetration is a Class 4 felony for the first offense and a Class 3 felony for a second or subsequent offense or if there is more than one victim. Provides that consent of the victim is not a defense to abuse by an educator or authority figure. Defines "authority figure" and "educator".

Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall place no additional restrictions, limitations, or requirements than that provided by the statute creating the procedure for medical release. Provides that upon a determination that the petitioner is eligible for a hearing on medical release, the Prisoner Review Board shall: (1) provide public notice of the petitioner's name, docket number, counsel, and hearing date; and (2) provide a copy of the evaluation and any medical records provided by the Department of Corrections to the petitioner or the petitioner's attorney upon scheduling the institutional hearing. Provides that a hearing on a petitioner's application for medical release is public unless the petitioner requests a non-public hearing. Provides that members of the public shall be permitted to freely attend public hearings on medical release without restriction. Provides that upon denying an eligible petitioner's application for medical release, the Prisoner Review Board shall publish a decision letter outlining the reason for denial. Provides that the decision letter must include an explanation of each statutory factor and the estimated annual cost of the petitioner's continued incarceration, including the petitioner's medical care. Makes technical changes.

Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice and the Department of Corrections shall immediately discharge from their employment: (1) any Department employee against whom a conviction is entered on or after the effective date of the amendatory Act for an offense of unauthorized bringing of contraband into a penal institution by an employee; unauthorized possessing of contraband in a penal institution by an employee; or unauthorized delivery of contraband in a penal institution by an employee; or (2) any Department employee who, on or after the effective date of the amendatory Act is determined by the respective Department to have violated the Department policy prohibiting: (A) facilitating the bringing or delivering of an item of contraband into a Department facility; (B) bringing or delivering an item of contraband into a Department facility; or (C) possessing an item of contraband in a Department facility. Provides that any employee discharged for a violation of these provisions shall not be eligible to be rehired by either the Department of Juvenile Justice or the Department of Corrections. Defines various terms. Effective immediately.

Amends the Criminal Code of 2012. Provides for enhanced penalties for hate crime. Provides that hate crime is: (1) a Class 1 felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; (2) a Class X felony if a crime of violence as defined in the Crime Victims Compensation Act is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals; or (3) a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 60 years if a crime of violence that is a Class X felony is committed against a victim described in (2). Amends the Unified Code of Corrections. Provides that a person who commits any of these offenses is ineligible for a period of probation, a term of periodic imprisonment or conditional discharge. Provides that a prisoner serving sentence for the offenses described in (2) or (3) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides if the underlying offense was first degree murder committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of the victim or victims, the court may impose a term of natural life imprisonment upon the offender.

Amends the Co-Responder Pilot Program Division of the Illinois Municipal Code. Adds the McHenry County Sheriff's Office to the offices to which the Division is applicable and requires the Office to establish a co-responder unit no later than 6 months after the effective date of the amendatory Act and hire specified personnel. Makes conforming changes, including in the Counties Code. Provides that, along with the duties described elsewhere in the Division, the unit's social workers are responsible for following up with victims (rather than conducting follow-up visits for victims) who may benefit from mental or behavioral health services.

Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a person employed as a delivery driver or courier while in performance of the person's employment.

Amends the Criminal Code of 2012. Provides that aggravated assault of a teacher upon school grounds or grounds adjacent to a school or in any part of a building used for school purposes is a Class 4 felony (rather than a Class A misdemeanor).

Amends the Criminal Code of 2012. In the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, expands the definition of "predicate activity" to include bribery, official misconduct, solicitation misconduct (State government), solicitation misconduct (local government), and legislative misconduct. Extends the repeal of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law to January 1, 2035 (rather than June 1, 2025). Amends the Code of Criminal Procedure of 1963. Expands the authority of the State's Attorney to seek a court order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing, or is about to commit an offense to include predicate activity under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. Effective immediately.