Criminal Justice

Amends the Illinois Vehicle Code. Adds language providing that a person who damages a vehicle or who damages or removes any part of a vehicle commits a misdemeanor if the person does so with intent and without the right to do so (instead of "without authority to do so"). Adds language providing that a person who tampers with a vehicle or goes in it, on it, or works to attempt to work any of its parts, or sets or attempts to set it in motion commits a misdemeanor if he does so without right to do so and with intent to commit a crime (instead of "without authority to do so").

Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person, and: (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes.

Amends the Criminal Code of 2012. Provides that aggravated assault includes an assault committed against a contractor (rather than just a subcontractor) of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons. Provides that aggravated battery includes committing various kinds of battery against an officer or employee of a contractor or subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons.

Amends the Juvenile Court Act of 1987. Provides that all subsequent delinquency petitions pending against the minor respondent shall be adjudicated within 120 (rather than 160) days from the date on which a finding relative to the first petition prosecuted is rendered, or, if the trial upon the first petition is terminated without a finding and there is no subsequent trial, or adjudication after waiver of trial, on the first petition within a reasonable time, the minor shall receive a trial upon all of the remaining petitions within 120 (rather than 160) days from the date on which the trial, or finding after waiver of trial, on the first petition is concluded. Provides that if either such period of 120 (rather than 160) days expires without the commencement of trial, or adjudication after waiver of trial, of any of the remaining pending petitions, the petition or petitions shall be dismissed and barred for want of prosecution unless the delay is occasioned by any of the reasons described in this provision. Provides that when a petition has been filed alleging that the minor is a delinquent and the minor is in detention or shelter care, the trial shall be held within 30 calendar days after the date of the order directing detention or shelter care, or the earliest possible date in compliance with the service by summons or service by certified mail or publication provisions of the Act as to the custodial parent, guardian, or legal custodian but no later than 45 calendar days from the date of the order of the court directing detention or shelter care. Provides that this time includes any time a minor spends in custody on a release upon request to Department of Children and Family Services status. When the petition alleges the minor committed an offense that involves the death of or great bodily harm to a victim, the court may, upon motion of the State, continue the trial for not more than 70 calendar days after the date of the order directing detention or shelter care. Provides that the period in which a trial shall be held is tolled by: (1) delay occasioned by the minor; (2) a continuance allowed pursuant to the Code of Criminal Procedure of 1963 after the court's determination of the minor's incapacity for trial; (3) an interlocutory appeal; (4) an examination of fitness ordered pursuant to the Code of Criminal Procedure of 1963; (5) a fitness hearing; or (6) an adjudication of unfitness for trial.

Amends the Code of Criminal Procedure of 1963. Adds a Diversion of Unfit Misdemeanants Article to the Code. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diversion program only upon the approval of the court. Provides that the Illinois Supreme Court or any circuit court of the State may adopt rules establishing unfit misdemeanant diversion programs consistent with the Article. Provides that the court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall reasonably assure his or her safety and that of the public and his or her continued participation in treatment. Provides that if, following this screening, the State and the defendant agree to the diversion and the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with prejudice. Provides that if the court does not approve, the court shall order a fitness examination and the matter shall be governed by any other relevant provisions of the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of the defendant and available resources. Treatment programs shall comply with all relevant statutes and rules. Requires the Department of Human Services to provide care to persons determined to be subject to involuntary admission on an inpatient basis as defined in the Mental Health and Developmental Disabilities Code or may make arrangements with any other appropriate inpatient mental health facility to provide those services. Makes conforming changes in the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the Act may be referred to as the Diversion of Unfit Misdemeanants Act.

Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a special purpose extension made by a non-home rule municipality for mandatory contributions to a police pension fund or a firefighters' pension fund is not considered part of the municipality's aggregate extension, but only for the first year during which the levy is ever imposed by the non-home rule municipality. Provides that certain levies made under the Illinois Pension Code are not considered new rates.

Creates the Capital Crimes Litigation Act of 2025. Provides that if an indigent defendant is charged with an offense for which a sentence of death is authorized, and the State's Attorney has not, at or before arraignment, filed a certificate indicating he or she will not seek the death penalty or stated on the record in open court that the death penalty will not be sought, the trial court shall immediately appoint the Public Defender, or any other qualified attorney or attorneys as the Illinois Supreme Court shall by rule provide, to represent the defendant as trial counsel. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Unified Code of Corrections. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.

Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency or other emergency service, (2) requires or promotes a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact with a law enforcement agency or other emergency service by a tenant or any request by a tenant, landlord, resident, or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy or turning on utilities, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging or excluding a tenant on the registry from rental housing within the county or municipality. Allows an aggrieved party to file an action in circuit court, including for injunctive relief, monetary relief, attorney's fees, and costs, against a county or municipality to enforce the provisions. Provides that nothing in the provisions shall be construed to allow an aggrieved party to file or sustain an action against a landlord, owner, management company, leasing agent, or real estate agent or any other person or entity other than the county or municipality. Amends the Housing Authorities Act. Adds similar provisions concerning housing authorities. Defines terms. Repeals existing provisions about ordinances penalizing tenants who contact police or other emergency services in the Illinois Municipal Code and Counties Code. Limits the concurrent exercise of home rule powers. Effective immediately.

Amends the Emergency Medical Services (EMS) Systems Act. In provisions concerning opioid overdose reporting, provides that overdose information reported by a covered vehicle service provider shall not be used in an opioid use-related criminal investigation, prosecution, welfare checks, or warrant checks of the individual who was treated by the covered vehicle service provider personnel for experiencing the suspected or actual overdose. Provides that any misuse of the information reported by a covered vehicle service provider shall result in, but is not limited to, the Department of Transportation reporting misuse to the Washington/Baltimore High Intensity Drug Trafficking Area Overdose Detection Mapping Application or similar technology platform. Permits the Department of Health to adopt rules to set forth standards under which misuse of access may be reported to the Washington/Baltimore High Intensity Drug Trafficking Area Overdose Detection Map or similar platform based on misuse or misconduct by a covered vehicle service provider or other individual or entity at the discretion of the Department. Provides that no data that allows for or creates a risk of identification of an individual or individuals experiencing a suspected or actual overdose treated by the covered vehicle service provider personnel shall be submitted to the Washington/Baltimore High Intensity Drug Trafficking Area Overdose Detection Mapping Application or Similar technology platform. Provides that covered vehicle service provider personnel may report overdose surveillance through an identified technology platform for the use of overdose surveillance under exceptions to HIPAA and the reported data shall only be used to support public safety and public health efforts. Sets forth additional provisions concerning requirements for the Department concerning opioid overdose reporting.

Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person knowingly and 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 is 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. Provides that in addition to any other penalties imposed, not less than 6 years and not more than 30 years shall be imposed with respect to any amount of carfentanil or fentanyl, or any analog thereof, in excess of 150 milligrams that is stored or transmitted as a powder, blotter paper, tablet, patch, or spray. Provides that in addition to any other penalties imposed, with respect to fentanyl, or an analog thereof, an additional sentence of 5 years shall be imposed if the fentanyl or analog thereof is in a form that resembles, or was mixed, granulated, absorbed, adsorbed, spray-dried, aerosolized as or onto, coated on in whole or in part, or solubilized with or into, a product, where the product or its packaging further has at least one of the following attributes: (1) a resemblance to the trade dress of a consumer food product, branded food product, or logo food product, or incorporates an actual or satirical version of a registered trademark, service mark, or copyright; (2) a bright color or coloring scheme; (3) the appearance of a cereal, candy, vitamin, gummy, or chewable product such as a gum or gelatin-based product; (4) a cartoon character imprint; or (5) incorporation into a separate product or package approved by the United States Food and Drug Administration, or approved by a regulatory agency for food or drug products in another country, if the addition of fentanyl, carfentanil, or any analog thereof, would render the approved product an adulterated product under the standards of the Federal Food, Drug, and Cosmetic Act, or any law of this State or administrative rule. Defines "electronic communication device".