Criminal Justice (Domestic Violence)

Amends the Illinois Domestic Violence Act of 1986. Provides that whenever a law enforcement officer has reason to believe that a person has been abused, neglected, or exploited by a family or household member, the officer shall, if appropriate, arrest the abusing, neglecting, and exploiting party except in situations in which the alleged offending party is a juvenile. Provides that if the alleged offender is a juvenile, then the officer, based on the totality of the circumstances, may choose not to arrest the juvenile and instead may divert the juvenile or may assist the juvenile and his family in finding alternative placement.

Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.

Amends the Firearms Restraining Order Act. Requires the court or allows a State's Attorney to provide simplified forms and clerical assistance to help with the filing (rather than the writing and filing) of a petition for a firearms restraining order by any person not represented by counsel. Requires the clerk to immediately notify the State's Attorney of the filing of each firearms restraining order when it is filed. Gives the State's Attorney legal standing to represent any and all petitioners if the petitioners request the State's Attorney's assistance in filing the pleadings or in conducting the hearings. Requires a verified pleading (rather than an affidavit or verified pleading). Changes references to an intimate partner to references to a specific intimate partner. In provisions regarding ex parte hearings, requires the court to consider specific evidence and changes the burden of proof from probable cause to a preponderance of the evidence. Provides for the issuance of a plenary (rather than 6-month) firearms restraining order after a full hearing. Makes other changes.

Amends the Illinois Domestic Violence Act of 1986. Requires a law enforcement officer to complete the intimate partner violence risk and lethality assessment instrument if the officer has a reasonable belief that a person has been abused, neglected, or exploited by a family or household member.

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 Illinois State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act. Provides that State police officers and local police officers shall receive training in homicide investigations in which the victims were suspected of being subject to domestic abuse. Amends the Counties Code. Provides that every coroner, whenever, as soon as he or she knows or is informed that the dead body of any person is found, or lying within his or her county, whose death is suspected of being a death, if the circumstances surrounding the death is known or suspected as due to suicide and affords a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, in consultation with a board-certified forensic pathologist certified by the American Board of Pathology, shall go to the place where the dead body is and take charge of the same and shall make a preliminary investigation into the circumstances of the death. Amends the Code of Criminal Procedure of 1963. Adds the Investigation of Homicides of Decedents with Identifiable History of Being Victimized by Domestic Violence Article to the Code. Provides that prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, and with the presence of 3 or more specified factors, law enforcement investigators shall interview family members, such as parents, siblings, or other close friends or relatives of the decedent with relevant information regarding that history of domestic violence. Lists those factors that law enforcement investigators must consider in those investigations. Provides that sworn law enforcement personnel investigating a death if it has been determined that the decedent has an identifiable history of being victimized by domestic violence shall be current in their training related to domestic violence incidents, including training required pursuant to the Illinois State Police Law of the Civil Administrative Code of Illinois or the Illinois Police Training Act. Defines terms. Amends the Autopsy Act to make conforming changes.

Amends the Code of Criminal Procedure of 1963. Provides that, if a person has 3 or more pending charges for misdemeanor domestic battery, battery, violation of an order of protection, or criminal damage to property when the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986, the defendant may be charged as a habitual misdemeanant offender. Provides that the 3 or more charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that: (1) the third offense must have occurred after the second offense; (2) the second offense must have occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that, once a person has been adjudged a habitual misdemeanant offender, any of the following charges for domestic battery, battery, violation of an order of protection, or criminal damage to property in which the property belongs to a family or household member as defined in the Illinois Domestic Violence Act of 1986 shall be charged as a Class 4 felony. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.

Amends the Juvenile Court Act of 1987. Defines a guardian ad litem as either (i) an attorney licensed in Illinois to practice law; or (ii) a person who holds at a minimum a bachelor's degree in psychology, psychiatry, social work, education, or any other relevant child-related discipline involving determining a child's best interests. Provides that a guardian ad litem must receive training to ensure the guardian ad litem has a fundamental working knowledge of abuser tactics and its effects on children in domestic violence cases as ordered by the Supreme Court. Requires a guardian ad litem to meet with a child who has been exposed to domestic violence in an age-appropriate manner for at least an hour before the issuance of any judicial decision affecting the parental rights of the child and to meet with the child for at least an hour every 3 months and provide a written update to the court at least every 6 months. Amends the Illinois Marriage and Dissolution of Marriage Act to make conforming changes.

Amends the Criminal Code of 2012. Provides that violation of an order of protection is a Class 4 felony if the defendant has any prior conviction violation of a civil no contact order, violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as violation of a civil no contact order or violation of a stalking no contact order. Provides that violation of a civil no contact order is a Class 4 felony if the defendant has any prior conviction for violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order. Provides that violation of a stalking no contact order is a Class 4 felony if the defendant has any prior conviction under the Code for a violation of an order of protection, violation of a stalking no contact order, or violation of a civil no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order.

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.