Criminal Justice (Courts)

Amends the Juvenile Court Act of 1987. Provides that, in proceedings under the Minors Requiring Authoritative Intervention, Addicted Minors, or Delinquent Minors Article, initiated in a county, other than the county in which the minor who is subject of the proceedings resides, the court in which the proceedings were initiated may at any time before or after adjudication of wardship transfer the case to the county of the minor's residence. Provides that not later than 15 working days after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, and the minute orders and docket entries of the court. Provides that the clerk of the receiving court shall set a status hearing within 10 business days after receipt of the case and shall notify the judge of the receiving court and all parties. Provides that the receiving court shall review the court record immediately upon receipt. Provides that within 20 business days after receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Provides that until the transferring court receives this notice it continues to have jurisdiction over the case. Provides that if for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days after receiving the case, send a notice to the transferring court indicating its reasons. Provides that the transferring court will continue its jurisdiction of the case and shall set the matter for status within 20 business days. Effective immediately.

Amends the Unified Code of Corrections. Provides that the amendatory Act may be referred to as the Criminal Justice Procedural Clarification Act. Eliminates the consent of the State's Attorney as a requirement for a defendant to participate in the First Time Weapon Offense Program. Changes the eligibility requirements for the Program. Provides that the court may sentence a defendant to probation to participate in the Program, regardless of whether the State's Attorney affirmatively offers or consents to participation in the Program. Provides that the State's Attorney may object to sentencing to probation to participate in the Program only by stating on the record specific and articulable public safety reasons why probation under the provision would be inappropriate for the individual defendant. Provides that, upon objection by the State's Attorney, the court may sentence the defendant under these provisions if the court makes written findings that the defendant meets the statutory eligibility requirements and that probation under these provisions is consistent with specified public safety and the rehabilitative purposes of the Code. Provides that a defendant shall not be deemed ineligible for probation under these provisions solely because the defendant was legally ineligible to apply for a Firearm Owner's Identification Card, at the time of the offense, if no other statutory disqualifications apply. Provides that in cases involving a firearm-related offense, the court shall consider diversion to treatment, including eligibility for the First Time Weapon Offense Program prior to imposing a sentence of incarceration if certain conditions are met. Provides that a person convicted of a firearm-related offense prior to the effective date of the amendatory Act may petition the sentencing court for review if the person meets certain eligibility requirements. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that if the court orders an unfit defendant to be placed in the custody of the Department of Human Services, during the period of time required to determine bed and placement availability at the designated facility, the defendant may (rather than shall) remain in jail. Makes technical changes in a provision concerning credit for good behavior.

Amends the Access to Justice Act. Creates the Remote Filing Task Force of 17 members. Creates an appointment process. Provides that the Task Force shall research and evaluate the existing ability of litigants to file court documents remotely across Illinois, including (1) identifying barriers for pro se litigants, people with a primary language other than English, people in crisis, people with disabilities, and people with low-literacy; (2) research and evaluate approaches to address any barriers identified by the Task Force to increase access and usability to remote filing for all Illinoisans; and (3) make recommendations to reduce barriers for litigants to remotely file court documents and improve access and usability of remote filing statewide. Requires that the Task Force submit a report containing its findings and any recommendations to the Supreme Court and the General Assembly by October 1, 2027. Provides that the Task Force is dissolved on October 2, 2027. Effective immediately.

Amends the Criminal Code of 2012. Creates the offense of domestic assault. Provides that a person commits the offense when, without lawful authority, he or she knowingly engages in conduct that places any family or household member in reasonable apprehension of great bodily harm, or permanent disability or disfigurement. Provides that if the defendant is arrested for domestic assault, upon release of the defendant from custody pending trial, the court, at the preliminary examination, shall order that the defendant refrain from contact or communication with the victim of the domestic assault and refrain from entering or remaining at the victim's residence for a minimum of 72 consecutive hours. Provides that domestic assault is a Class A misdemeanor. Defines "family or household member".

Creates the Persistent Domestic Violence Offender Database Act. Requires the Illinois State Police to establish and maintain a Statewide Persistent Domestic Violence Offender Database for the purpose of identifying persistent domestic violence offenders. Requires the Illinois State Police to maintain the database based upon information supplied by the court clerks and information available to the Illinois State Police from the Department of Corrections and local law enforcement agencies. Requires the Illinois State Police to make the information contained in the database accessible to the public on the agency's Internet home page and update that information as it deems necessary. Sets forth the information that must be stored in the database. Provides that if a person is convicted of a domestic violence offense and the person convicted has at least one prior conviction for a domestic violence offense or if a person has an order of protection granted against them and the person has at least one prior order of protection granted against them, then the court shall, upon proof of any prior domestic violence offense convictions or order of protection, order the person to register as a persistent domestic violence offender. Requires the court clerk to forward to the Illinois State Police a certified copy of the qualifying conviction or order of protection and the date of birth of any person ordered to register as a persistent domestic violence offender. Contains provisions on registration fees. Requires the Illinois State Police to remove a registered person's name and other information from the database after a specified number of years following the person's last conviction. Provides that the Act applies only to persons convicted of a domestic violence offense or to persons against whom an order of protection is granted on or after January 1, 2027; however, a prior conviction is not required to occur on or after January 1, 2027.

Creates the Drone Safety and Interference Prevention Act. Creates the offenses of (1) unlawful imaging of an emergency response activity; (2) unlawful operation over critical infrastructure facilities; and (3) unlawful operation of a drone over a correctional institution or facility. Defines these offenses and establishes penalties. Provides that a private person or entity operating a drone in the State is prohibited from equipping or using on the drone any firearm, weaponized laser, kinetic impact projectile, chemical agent or irritant, or any other lethal or non-lethal weapon. Provides that a law enforcement officer may seize a drone and any attached equipment, including any image-capturing devices, storage media, or weapons, if the officer has probable cause to believe the drone was used or operated in violation of the Act. Provides that any drone or equipment seized under the Act is subject to forfeiture in accordance with the Criminal Code of 2012 and the Forfeiture Article of the Code of Criminal Procedure of 1963, as applicable. Provides that the State may use forfeited drones and equipment for law enforcement purposes, including training and counter-drone operations. Provides that prior to forfeiture, the court shall provide notice and an opportunity for hearing to the owner or operator of the drone, unless the drone was abandoned or unclaimed. Provides that, if the court determines, by a preponderance of the evidence, that the drone was used in violation of the Act, the drone shall be forfeited to the State. Provides that any images or data seized under the provision shall be retained only if there is a reasonable suspicion they contain evidence of a crime. Provides that all other data must be deleted within 30 days unless relevant to an ongoing investigation. Provides that the State, any unit of local government, any law enforcement agency or any officers or agents of those entities that are acting reasonably and in good faith to enforce the Act are not civilly liable for damage to or loss of a drone, except for willful or wanton misconduct. Provides that the Act shall be enforced by State and local law enforcement agencies. Provides that enforcement data under the Act shall be reported through the Illinois State Police's existing Uniform Crime Reporting program. Contains a severability provision. Effective January 1, 2027.

Provides that the Act may be referred to as the Credit for Change Act. Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date irrespective of the incarcerated person's conviction or sentencing date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that the Department shall award sentence credit accumulated prior to the effective date of the amendatory Act in a specified amount to a committed person serving a sentence for an offense committed after June 19, 1998, if the Department determines that the committed person is entitled to this sentence credit, based upon certain specified factors. Provides that the Department, in consultation with the Advisory Board, shall make available to all persons in its custody current materials about sentence credits, containing detailed information regarding eligibility, earning, revocation, calculation, and documentation of credit, in the following formats: (1) in print; (2) on the Department's website; and (3) in a visible location on the premises of each Department facility where notices are customarily posted. Makes technical changes. Effective January 1, 2027.

Amends the Substance Use Disorder Treatment for Criminal Justice Clients Article of the Substance Use Disorder Act. Changes references from "treatment" to "case management" and changes the name of the Article. Provides that nothing in provisions concerning case management shall preclude any individual with a substance use disorder who is charged with or convicted of a crime from receiving case management services with a designated program if such services are ordered by the court. Provides that the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under a provision concerning case management as a condition of probation. Provides that the sentence to probation under the provisions shall not be considered a conviction under Illinois law unless and until judgment is entered upon violation of a term or condition of probation. Provides that, upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that case management services by a designated program may be made a condition of pretrial release, and failure to comply with such services may be treated as a violation of a condition of pretrial release. Requires the designated program to make periodic progress reports regarding each such defendant to the appropriate pretrial services agency or Office of Statewide Pretrial Services and to report failures to comply with the requirements of the designated program. Makes conforming and other changes.

Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a person commits the crime of violation of an order of protection under the Criminal Code of 1961 or the Criminal Code of 2012 if the person, in violation of an order to surrender the person's firearms and firearm parts, knowingly transfers a firearm or firearm parts to the respondent or otherwise allows the respondent access to a firearm or firearm parts. Provides that, if the law enforcement agency seeks to correct or negate the warrant for the seizure of the respondent's firearms and firearm parts, it shall take reasonable steps to notify the petitioner before appearing before the court. Makes technical changes.