Criminal Justice

Amends the Criminal Code of 2012. Provides that, with certain exceptions, the sentence for an offense based upon legal accountability for the conduct of another person in which the accountability is determined by the trier of fact beyond a reasonable doubt is as follows: (1) the sentence for first degree murder based upon legal accountability is the sentence for a Class X felony; (2) the sentence for a Class X felony based upon legal accountability is the sentence for a Class 1 felony; (3) the sentence for a Class 1 felony based upon legal accountability is the sentence for a Class 3 felony; (4) the sentence for a Class 2 felony based upon legal accountability is the sentence for a Class 4 felony; (5) the sentence for a Class 3 felony based upon legal accountability is the sentence for a Class A misdemeanor; (6) the sentence for a Class 4 felony based upon legal accountability is the sentence for a Class B misdemeanor; (7) the sentence for a Class A misdemeanor based upon legal accountability is the sentence for a Class C misdemeanor; and (8) the sentence for a Class B misdemeanor, Class C misdemeanor, or a petty offense based upon legal accountability is the sentence for a petty offense.

Amends the Criminal Code of 2012. Changes the definition of "gambling device" to include any vending or other electronic machine or device, including, without limitation, a machine or device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits that offers a person entry into any contest, competition, sweepstakes, scheme, plan, or other selection process that involves or is dependent upon an element of chance for which the person may receive a gift, award, or other item or service of value if that offer is incidental to or results from: (A) the purchase of an item or service of value; or (B) the purchase or gratuitous receipt of a coupon, voucher, certificate, or other similar credit that can be redeemed for or applied towards an item or service of value from such machine or device or elsewhere. Provides that participants in a game of skill or chance where money or other things of value can be won but no payment or purchase is required to participate shall not be convicted of gambling except where participation in such game of skill or chance is accomplished using a gambling device prohibited by these changes to the definition. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Amends the Video Gaming Act. Removes a provision allowing for the use of a game device without a license if the game device is used in an activity that is not gambling under the Criminal Code of 2012. Effective immediately.

Amends the Criminal Code of 2012. Deletes an affirmative defense to the charge of patronizing a minor engaged in prostitution that the accused reasonably believed that the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge.

Amends the Criminal Code of 2012. Deletes a provision that timely notice to a retail mercantile establishment that is a victim of retail theft, organized retail crime, financial institution fraud, or looting shall include 7 days' notice of any court proceedings. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not refuse to complete a written report as required by the Protective Orders Article of the Code on any ground. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning an incident of abuse. Provides for the vacation of a conviction (rather than only prostitution convictions) if the defendant was a victim of human trafficking. Provides that the determination of the motion shall be by a preponderance of the evidence. Provides that evidence demonstrating the defendant's status as a victim of trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that, regardless of whether the court grants a motion to vacate the sentence, it may permit the defendant to file an expedited petition for expungement or sealing under the Criminal Identification Act to be heard whenever possible before the same judge to whom the motion to vacate his or her conviction was presented upon 30 days' notice to those entitled to notification of expungement or sealing proceedings. Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.

Amends the Illinois Insurance Code. Provides that an insurer or producer authorized to issue policies of insurance in the State may not make a distinction or otherwise discriminate between persons, reject an applicant, cancel a policy, or demand or require a higher rate of premium for reasons based solely upon the basis that an applicant or insured has been convicted of a felony.

Amends the Sex Offender Registration Act. Provides that a registrable sex offense includes the offense of unauthorized video recording and live video transmission, when the victim is a person under 18 years of age, the defendant is not a parent of the victim, the offense was sexually motivated as defined in the Sex Offender Evaluation and Treatment Act, and the offense was committed on or after the effective date of the amendatory Act.

Creates the Preventing Targeted Violence Act. States the purpose of the Act. Provides that a community support team may be established by a unit of local government. Provides that membership of the community support teams is limited to participating member agencies. Provides that membership of a community support team shall include at least one member from specified entities. Provides that a participating member agency is any agency, organization, or entity located in or serving the geographic area encompassed by the community support team that may elect to present a case to the community support team for case review and behavioral threat assessment and management consultation. Provides that a member of a community support team shall be appointed by the head of the participating member agency. Provides the duties and responsibilities of a community support team. Requires community support teams to comply with all applicable laws governing the sharing of confidential records. Provides that, if acting in good faith, without malice, and within the protocols established by the Act, then members of the community support team, community support team staff, participating member agency staff, and anyone participating in a case review shall have immunity from administrative, civil, or criminal liability for an act or omission related to the participation in a case review with specified exceptions.

Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Provides that the court shall (rather than may) award the petitioner costs and attorney's fees if a stalking no contact order is granted. Provides that the court shall award the petitioner costs and attorney's fees if a civil no contact order is granted.

Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall publish on its official public website and provide to registered victims information regarding how to submit a victim impact statement. Provides that the Prisoner Review Board shall consider victim impact statements from any registered victims. Provides that any registered victim, including a person who has had a final, plenary, non-emergency, or emergency order of protection granted under the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, may present victim statements that the Prisoner Review Board shall consider in its deliberations. Provides that all victim statements shall be redacted from any transcripts or recordings of hearings that are provided to anyone other than Board members and the petitioner or parole candidate. Amends the Unified Code of Corrections. Provides that each member and commissioner of the Prisoner Review Board shall be required to complete a training course developed and administered in consultation with the Department of Corrections. Provides that the training shall be provided to new members and commissioners of the Prisoner Review Board within 30 days of the start of their service and before they take part in any hearings. Establishes the requirements of that training. Establishes a Director of Victim and Witness Services under the jurisdiction of the Prisoner Review Board. Creates the Survivor Safety and Support Fund as a special fund in the State treasury. Provides that the Fund shall be used to support survivors who have been found to be a party of an ongoing criminal or civil case against a petitioner or parole candidate or are registered victims through the Prisoner Review Board or Department of Corrections. Provides that before the Board makes a decision on whether to revoke an offender's parole or mandatory supervised release, the Prisoner Review Board must run a LEADS report. Amends the State Finance Act and the Illinois Pension Code to make conforming changes. Effective immediately.

Amends the Code of Civil Procedure. Provides that a petition for a certificate of innocence shall state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the alleged offenses for which the person was convicted (rather than innocent of the offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of for those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that in order to obtain a certificate of innocence, the petitioner must prove by a preponderance of the evidence that the petitioner is innocent of the alleged offenses for which he or she was convicted (rather than offenses charged in the indictment or information) or that his or her acts or omissions for which he or she was convicted (instead of those charged in the indictment or information) did not constitute a felony or misdemeanor against the State of Illinois. Provides that the changes made by the amendatory Act apply to petitions filed on and after September 22, 2008.