Criminal Justice

Amends the Illinois Vehicle Code. Provides that fleeing or attempting to elude a peace officer is a Class 4 felony instead of a Class A misdemeanor and that a third or subsequent violation is a Class 3 felony instead of a Class 4 felony. Provides that aggravated fleeing or attempting to elude a peace officer is a Class 3 felony instead of a Class 4 felony and that a second or subsequent violation is a Class 2 felony instead of a Class 3 felony. Effective immediately.

Amends the Civil No Contact Order Act, the Illinois Domestic Violence Act of 1986, and the Protective Orders Article of the Code of Criminal Procedure of 1963. Provides that the court is encouraged to impose (i) a minimum penalty of 48 (rather than 24) hours imprisonment for a first violation of a civil no contact order, an order of protection, or a protective order and (ii) a minimum penalty of 96 (rather than 48) hours imprisonment for a second or subsequent violation of a civil no contact order, an order of protection, or a protective order.

SB 3140 increases penalties for violating court-issued orders of protection by upgrading the offense to a Class 3 felony (from Class 4) for individuals with prior convictions for domestic battery, violation of protection orders, or related offenses like stalking or aggravated battery against family members. This change directly affects repeat offenders who disregard court orders designed to protect victims of domestic violence. The bill mandates a minimum 24-hour jail term for second or subsequent violations, in addition to potential fines or restitution. It applies to violations occurring after the offender was served notice of the order or gained actual knowledge of its terms.

Amends the Freedom of Information Act. Specifies that the Act is not intended to circumvent the process used by the courts to address whether arrest and booking records, mug shots, body-worn camera footage, in-car camera footage, 9-1-1 audio files, crime scene photographs, or other similar law enforcement records are to be made publicly available, except when those records may be relevant to a current or potential case or claim by the requester. Increases the cap on the fee that may be imposed for black and white copies from 15 cents per page to 25 cents per page. Makes changes to the fees public bodies may charge for time spent by personnel in searching for and retrieving a requested record or examining the record for necessary redactions. Exempts from disclosure under the Act specified law enforcement records, except when those records may be relevant to a current or potential case or claim by the requester.

Amends the Criminal Code of 2012. Increases by one class the penalties for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor. Provides that if the penalty is a Class X felony, the person shall be sentenced to a term of imprisonment of not less than 9 years and not exceeding 45 years.

Amends the Code of Criminal Procedure of 1963. Deletes provision that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television. Deletes that the 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 of the courtroom, the court shall toll the speedy trial requirements under the speedy trial provisions of the Code 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 Code of Criminal Procedure of 1963. Provides that, upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the person is charged with: (1)(i) a crime of violence, as defined in the Crime Victims Compensation Act; or (ii) a sex offense, as defined in the Sex Offender Registration Act; and (2) the offense occurred in or upon the exterior or grounds of, a church, synagogue, mosque, or other building, structure, or place identified or associated with a particular religion or used for religious worship or other religious purpose.

Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with any of the following offenses, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case: (1) aggravated driving under the influence for a third or subsequent time; (2) manufacture or delivery, or possession with intent to manufacture or deliver, an amount of a controlled or counterfeit substance, not otherwise specified in the statute, containing dihydrocodeine or classified in Schedule I or II, or an analog of those substances that is: (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) or an analog of those substances, (iii) any substance containing amphetamine or fentanyl or any salt or optical isomer of amphetamine or fentanyl, or an analog of those substances, or (iv) any substance containing N-Benzylpiperazine (BZP) or any salt or optical isomer of N-Benzylpiperazine (BZP), or an analog of those substances; or (3) possession of any amount of fentanyl.

Amends the Illinois Vehicle Code. Increases the penalty for fleeing or attempting to elude a peace officer from a Class A misdemeanor to a Class 4 felony, and, for a third or subsequent violation, from a Class 4 felony to a Class 3 felony. Provides that any person who participates in street racing or a street sideshow, including as a spectator, where 10 or more people are present shall be guilty of a petty offense. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Deletes provision that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television. Deletes that the 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 of the courtroom, the court shall toll the speedy trial requirements under the speedy trial provisions of the Code 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.