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.

Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall be the authority for setting conditions for mandatory supervised release under specified provisions and determining whether a violation of those conditions warrant revocation of mandatory supervised release or the imposition of other sanctions. Provides that the Board shall hear by at least one member and through a panel of at least 3 members determine the conditions of mandatory supervised release, determine the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under specified provisions. Provides that if a person was originally prosecuted under the provisions of the Criminal Code of 1961 or the Criminal Code of 2012, sentenced under the provisions of the Act pursuant to the Juvenile Court Act of 1987, and convicted as an adult and committed to the Department of Juvenile Justice, the Department of Juvenile Justice shall, no less than 120 days prior to the date that the person reaches the age of 21, send written notification to the Prisoner Review Board indicating the day upon which the committed person will achieve the age of 21. Requires the Prisoner Review Board to conduct a hearing with no less than 3 members to determine whether or not the minor shall be assigned mandatory supervised release or be transferred to the Department of Corrections prior to the minor's 21st birthday.

Amends the Freedom of Information Act. Provides that "public records" includes records of the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring and includes court records of that information. Provides that notwithstanding any other provision of the Act to the contrary, the Act does not authorize withholding of information or limit the availability of records to the public that contain the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring. Amends the Unified Code of Corrections. Provides that these records are public records and subject to disclosure, inspection, and copying under the Freedom of Information Act.

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 State Police Act. Provides that notwithstanding any other provision of law, on and after the effective date of the amendatory Act, any State mandate regarding the matter of the training of Illinois State Police Officers that necessitates additional expenditures from the Illinois State Police or any State agency shall be void and unenforceable unless the General Assembly makes necessary appropriations to implement that training mandate. Provides that the failure of the General Assembly to make necessary appropriations shall relieve the Illinois State Police or State agency from the obligation to implement any State mandate. Amends the Illinois Police Training Act. Provides that notwithstanding any other provision of law, on and after the effective date of the amendatory Act, any State mandate regarding the matter of the training of law enforcement officers that necessitates additional expenditures from the Illinois Law Enforcement Training Standards Board, the Illinois State Police, or any State or local law enforcement agency or unit of local government shall be void and unenforceable unless the General Assembly makes necessary appropriations to implement that training mandate. Provides that the failure of the General Assembly to make necessary appropriations shall relieve the law enforcement agency, State agency, or unit of local government of the obligation to implement any State mandate.

Amends the Illinois Vehicle Code. Provides that the driver's license of any person convicted of engaging in a street sideshow shall be revoked in the manner provided by the Code. Provides that every person convicted of engaging in a street sideshow shall be guilty of aggravated engaging in a street sideshow if the person, in committing the violation, was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, where the violation was a proximate cause of the injury. Provides that aggravated engaging in a street sideshow is a Class 4 felony for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.

Amends the Juvenile Court Act of 1987. Provides that a parent may request one substitution of a guardian ad litem during the entire juvenile court proceedings, upon request to the judge. Provides that the judge shall review the request and grant the substitution if the judge finds that the parent has good cause for believing that the guardian ad litem is not fulfilling his or her duties. Provides that the bibliography containing information developed and distributed to guardians ad litem by the Department of Children and Family Services shall contain information on the effects of trauma and household domestic violence on children and teens and on mental health disorders.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall, at the request of the Department of Homeland Security, including, but not limited to, Immigration and Customs Enforcement or a federal immigrant agent: (1) participate, support, or assist in any capacity with an immigration agent's enforcement operations; (2) provide the immigration agent access to an individual in the Department's custody, either in person or by telephone; (3) transfer any individual in the Department's custody into an immigration agent's custody; (4) allow the use of Department facilities or equipment, including any electronic databases, for investigative interviews or other investigative or immigration enforcement purpose; (5) enter into or maintain any agreement regarding direct access to any electronic database or other data-sharing platform maintained by the Department and provide such direct access to the U.S. Immigration and Customs Enforcement Agency; and (6) provide information in response to any immigration agent's inquiry or request for information regarding any individual in the Department's custody including information regarding the individual's release. Amends the Illinois TRUST Act to make conforming changes.

Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement agency shall disclose a recording made with the use of an officer-worn body camera, upon request, to (i) the subject of the encounter captured on the recording, (ii) the legal representative of the subject of the encounter captured on the recording, (iii) the officer who wore the camera that made the recording, (iv) the legal representative of the officer who wore the camera that made the recording, (v) a person who has written permission from the subject of the encounter to receive the recording, or (vi) a person who has written permission from the officer who wore the camera that made the recording to receive the recording. Provides that all recordings made with an officer-worn body camera may (rather than must) be destroyed after 90 days, unless any encounter captured on the recording has been flagged. Makes changes to the definition of "law enforcement officer" in the Act. Amends the Eavesdropping Article to the Criminal Code of 2012. Provides that recordings made in accordance with the Law Enforcement Officer-Worn Body Camera Act are exempt from the Article. Effective immediately.

Amends the Criminal Code of 2012. Increases penalties for unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.