Criminal Justice

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 appoint the Public Defender or another qualified attorney to represent the defendant. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Fund shall be used exclusively to provide funding for the prosecution and defense of capital cases and 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, 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 the status of the murdered individual; (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; or (3) the murdered individual was an investigator or caseworker with the Adult Protective Services Program or an ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, an investigator or employee of the Department of Children and Family Services, or a special agent with the Illinois Liquor Control Commission or the Department of Revenue. 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 Illinois Controlled Substances Act. Provides that, except as otherwise authorized by the Act, any person who knowingly possesses 15 grams or more but less than 100 grams of fentanyl is guilty of a Class 1 felony and, if sentenced to a term of imprisonment, shall be sentenced to not less than 4 years and not more than 15 years.

Amends the Criminal Code of 2012. Provides that a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons and related offenses may be commenced at any time (rather than within 25 years of the victim attaining the age of 18 years). Provides that this statute of limitations applies to prosecutions for such conduct arising on or after the effective date of the amendatory Act.

Amends the Illinois Income Tax Act. In provisions concerning volunteer emergency workers, provides that, for taxable years beginning on or after January 1, 2025, "volunteer emergency worker" also includes a community policing volunteer, a volunteer auxiliary police officer, or a volunteer auxiliary deputy. Effective immediately.

Amends the Juvenile Court Act of 1987. Provides that if the minor has multiple delinquency petitions filed against him or her, remaining 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. Restructures the provisions concerning alleged delinquent minors and pretrial detention of alleged delinquent minors. Provides that if the court determines that the State, without success, has exercised due diligence to timely obtain the results of DNA testing that is material to the case, and that there are reasonable grounds to believe that the results may be obtained at a later date, the court may extend the period of detention of the minor to not more than 70 days, only for any matter for which the minor may be committed to the Department of Juvenile Justice. Provides that nothing in the trial and pretrial detention provisions of the Act prevents the minor from exercising the minor's rights to waive the time limits set forth in these provisions. Deletes provision that time needed to prepare a defense to a State motion such as an extended juvenile jurisdiction petition or a transfer petition shall not be considered a delay occasioned by the minor. Makes technical changes in the trial and pretrial detention provisions of the Act.

Amends the Unified Code of Corrections. In provisions requiring persons who are arrested for specified offenses to provide specimens of blood, saliva, or tissue, provides that those specimens shall be provided within 14 days after arrest (currently, indictment or preliminary hearing). Adds a forcible felony and felony domestic battery to the list of qualifying offenses.

Amends the Criminal Code of 2012. Provides for enhanced penalties for aggravated assault or aggravated battery of emergency department staff of a health care facility. Defines "emergency department staff" as any clinical or nonclinical staff present in the emergency department or emergency room of a health care facility who may come in contact with patients, including, but not limited to, physicians, nurses, nonphysician providers, technicians, security staff, patient transporters, respiratory therapists, housekeeping personnel, secretaries, and pharmacists. Defines "health care facility" as a facility, hospital, or establishment licensed or organized under the Ambulatory Surgical Treatment Center Act, the University of Illinois Hospital Act, the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, or the Community Living Facilities Licensing Act. Effective immediately.

Amends the Freedom of Information Act. Exempts images from cameras under the Expressway Camera Act and all automated license plate reader (ALPR) information used and collected by the Illinois State Police from inspection and copying. Amends the Expressway Camera Act. Provides that, as used in the Act, "forcible felony" means trafficking in persons and involuntary servitude (in addition to other specified offenses). Includes the counties of Lee, Ogle, and Whiteside in the program to increase cameras along expressways and the State highway system. Provides that images from the cameras, including, but not limited to, images of license plates collected by state-operated cameras and cameras operated by the Illinois State Toll Highway Authority, may be used by any law enforcement agency conducting an active law enforcement investigation. Removes provision allowing images from the cameras to be used by any law enforcement agency conducting an active law enforcement investigation. Provides that all images from the cameras that are exported through a law enforcement database shall be deleted from that law enforcement database within 120 days, unless the images are relevant to an ongoing investigation or pending criminal trial. Provides that any forcible felony, gunrunning, or firearms trafficking offense, as specified, respectively, committed on an expressway monitored by a camera system funded by money from the Road Fund or money from the Illinois State Toll Highway Authority and investigated by officers of the Illinois State Police may be prosecuted by the Attorney General or the State's Attorney where the offense was committed. Provides that the Act supersedes provisions in the Toll Highway Act regarding the confidentiality of personally identifiable information obtained through electronic toll collection systems. Provides that the Act is repealed on July 1, 2028 (rather than July 1, 2025). Effective immediately.

Amends the Criminal Code of 2012. Increases penalties by one class for unlawful possession of weapons when a person knowingly: (1) carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm; or (2) carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a municipality except when an invitee in or on the public street, alley, or other public lands, for the purpose of the display of the weapon or the lawful commerce in weapons, or except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm. Provides that a first offense of aggravated unlawful possession of a weapon committed with a firearm by a person 18 years of age or older where certain factors exist is a Class 3 felony (rather than a Class 4 felony), for which the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than 5 years. Increases the penalty by one class for unlawful possession of firearms. Makes other changes.

Amends the Criminal Code of 2012. Provides that, with certain exceptions in cases of reckless homicide involving the death of 2 or more persons as part of a single course of conduct, in cases involving reckless homicide in which the defendant: (1) was driving at a speed of more than 20 miles per hour in excess of the posted speed limit or (2) failed or refused to comply with a traffic control aide or device engaged in traffic control, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years. Provides that in cases involving reckless homicide in which the offense was committed as a result of the defendant driving while the defendant's driver's license, permit, or privilege to operate a motor vehicle was suspended or revoked and the defendant caused the deaths of 2 or more persons as part of a single course of conduct, the penalty for reckless homicide is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.