Criminal Justice (Violent Crime)

Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm. Provides that the penalty for aggravated criminal sexual assault in which the defendant personally discharged the firearm in the commission of the offense is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court and up to 25 years may be added (rather than 25 years or up to a term of natural life imprisonment shall be added) to the term of imprisonment imposed by the court if the discharge proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person; Provides that the penalty for home invasion is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court if the defendant personally discharged a firearm during the commission of the offense.

Amends the Code of Criminal Procedure of 1963. In a provision concerning the prosecution of a person for an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, deletes a provision which states that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall occur outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television. Deletes that this presumption may be overcome if the defendant can prove by clear and convincing evidence that the child victim will not suffer severe emotional distress. Provides that, if the court denies the State's request for the child victim's testimony to be taken outside the courtroom, the court shall toll the speedy trial requirements for 30 days to allow the State to present the motion to the court again before trial requesting the child's testimony to be taken outside the courtroom by means of a closed circuit television.

Amends the Criminal Code of 2012. Provides that the sentence for aggravated criminal sexual assault, which does not otherwise provide for an enhanced penalty, is a Class X felony for which 5 years shall be added to the term of imprisonment imposed by the court. Provides that the sentence for predatory criminal sexual assault of a child, which does not otherwise provide for an enhanced penalty, is a Class X felony with a minimum term of imprisonment of 11 (rather than 6) years.

Creates the Victim Centered Approach Pilot Program Act. Provides that the Lake County State's Attorney shall develop a program to represent noncitizen victims of violent crimes in the filing of victim remedies before the United States Citizenship and Immigration Services Office administrative body. Provides that the Lake County State's Attorney shall use any funding provided to the pilot program to represent or give counsel to 50 noncitizen victims annually for the next 5 years who were victimized by violent crimes in Lake County. Provides that the to be eligible for assistance under the program, an individual must: (1) be a noncitizen victim, who has never been placed in removal proceedings; (2) have suffered a violent crime in Lake County; and (3) not be barred from the immigration remedies before the administrative body. Amends the Counties Code. Provides that, in counties with a population of more than 500,000, a State's Attorney may act, without fee or appointment, as an attorney to a noncitizen victim in an immigration case only if the noncitizen victim was victimized within the county the State's Attorney serves and is located within the geographic boundaries of the county served by the State's Attorney.

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".

Amends the Criminal Identification Act. In provisions concerning expungement, modifies the definition of "Minor Cannabis Offense" to mean a violation of specified provisions of the Cannabis Control Act concerning not more than 100 grams (rather than 30 grams) of any substance containing cannabis if the violation did not include a penalty enhancement under specified provisions of the Cannabis Control Act and is not associated with an arrest, conviction, or other disposition for a violent crime as defined in the Rights of Crime Victims and Witnesses Act.

Amends the Juvenile Court Act of 1987. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 (rather than 13) years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice. Amends the Juvenile Court Act of 1987. Provides that on or after July 1, 2026 and before July 1, 2027, any minor 12 years of age or older arrested pursuant to the Act if there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity, in light of a serious threat to the physical safety of a person or persons in the community or in order to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the past 12 months, may be kept or detained in an authorized detention facility. Provides that on or after July 1, 2027, minors age 12 years of age and under 13 years of age and charged with first degree murder, aggravated criminal sexual assault, aggravated battery in which a firearm was used in the offense, or aggravated vehicular hijacking, may be kept or detained in an authorized detention facility. Provides that no minor under 13 (rather than under 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that instead of detention, minors under the age of 13 who are in conflict with the law may be held accountable through a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program.

Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve a training program in death and homicide investigation for the training of Department of Corrections internal security investigators. Provides that only law enforcement officers and Department of Corrections internal security investigators (rather than just law enforcement officers) who successfully complete the training program may be assigned as lead investigators in death and homicide investigations. Provides that the Illinois Law Enforcement Training Standards Board shall develop a process for waiver applications sent by the Department of Corrections for those investigators whose prior training and experience as homicide investigators may qualify them for a waiver.

HB 3995 is an appropriations bill that allocates specific funds from various state funds to the Office of the Attorney General for existing programs. It directs $90 million for general operations, $11 million for violent crime victims assistance, $5 million to the Illinois Equal Justice Foundation, $2.5 million for Medicaid fraud enforcement, and additional sums for domestic violence services, tobacco litigation oversight, and other AG functions. The bill does not create new policies but specifies funding sources and purposes for current Attorney General programs. It becomes effective July 1, 2025, and directly affects the Attorney General's office and the organizations receiving these grants.

Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding for the prosecution of a homicide. Provides that in any proceeding under this provision, the prosecution shall timely disclose prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a place of detention. Provides that at that time, the prosecution must tender any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained and any other evidence the State intends to rely upon to determine the statement's reliability. Provides that before trial, a defendant may move to exclude a statement alleged to be unreliable. Provides that the defendant shall specifically identify the statement or statements alleged to be unreliable. Provides that at the hearing, it shall be the burden of the prosecutor to prove by a preponderance of the evidence that the statement is reliable. Provides that when deciding a statement's reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than originated with the defendant; (4) whether the defendant recanted the defendant's statement at any time and the circumstances of that recantation; (5) whether the statement was electronically recorded; and (6) any other information relevant to the reliability of the statement.