Criminal Justice (Courts)

Amends the Juvenile Court Act of 1987. Provides that no stipulation of fact entered into by a parent shall be accepted by the court unless all of the following occur: (1) each factual statement appears as a separate, numbered line item; (2) the parent initials each numbered factual statement individually; (3) the stipulation includes a plainly written section, initialed by the parent, describing the legal effect of the stipulation, including reliance on stipulated facts to satisfy the constitutional standard for removal or continued custody, and the requirement of probable cause or exigent circumstances; and (4) the parent signs and initials a written attestation stating the parent: (i) has reviewed and understands each factual statement; (ii) agrees each initialed statement is true; (iii) enters the stipulation knowingly and voluntarily; and (iv) does so without coercion or improper pressure. Provides that no waiver of temporary custody or shelter care hearing shall be accepted unless: (1) the waiver appears in separate, numbered line items describing the right waived and its legal effect; (2) the parent initials each line item; (3) the parent signs a written attestation meeting; and (4) the court obtains verbal, on-the-record confirmation of the waiver. Provides that nothing in the provision creates a private cause of action or alters substantive evidentiary standards. Defines "probable cause" and "stipulation of fact".

Amends the Illinois Police Training Act. Includes, in the minimum curriculum for police training schools, training in investigating domestic minor sex trafficking. Amends the Abused and Neglected Child Reporting Act. Provides that a child shall be considered abused regardless of the perpetrator of the abuse if the child is a human trafficking victim. Amends the Juvenile Court Act of 1987. Provides for immediate expungement of juvenile court and law enforcement records of minors who are human trafficking victims involved in prostitution. Amends the Criminal Code of 2012. Deletes a provision that provides that commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under the human trafficking statute. Provides that involuntary sexual servitude of a minor includes purchasing sexual services of the minor whether from the trafficker or the minor. Provides that it is not a defense to involuntary sexual servitude of a minor that the accused reasonably believed the trafficking victim to be 18 years of age or over. Eliminates other mistake of age defenses concerning grooming and patronizing a minor engaged in prostitution. Provides that a person who is a victim of involuntary sexual servitude of a minor is deemed a crime victim and is eligible for protections afforded to crime victims. Amends the Code of Criminal Procedure of 1963 to permit a motion to vacate an adjudication of delinquency of a human trafficking victim who engaged in prostitution. Amends the Sex Offender Registration Act. Makes violations concerning trafficking in persons, involuntary servitude, and related offenses registrable offenses under the Act. Amends the Crime Victims Compensation Act to provide that a trafficking victim who is under 18 years of age is not subject to the filing requirements of the Act and is not subject to the eligibility requirements of the Act.

Amends the Code of Criminal Procedure of 1963. Provides that if the State files a petition seeking to deny the defendant pretrial release and a continuance on the hearing concerning the petition is requested, the court has the sole discretion to grant or deny the request for a continuance. Provides that under no circumstances shall a continuance be granted that would result in the defendant being detained in pretrial detention for longer than 72 hours since the defendant's initial detention. Provides that in making its determination to deny or grant the request for continuance, the court shall consider, in addition to other facts and evidence available to the court, whether there is evidence that reasonable steps have been taken to appear within the initial time frame provided under the provision, but that due to circumstances outside the control of the requesting party, a continuance is necessary to present a fuller case.

Amends the Code of Criminal Procedure of 1963. Provides that a person accused of an offense does not have the right to a trial by jury if the offense is a petty offense with no penalty of imprisonment or mandatory driver's license suspension under the Illinois Vehicle Code or a local traffic ordinance if a court appearance is not required and the defendant waives his or her right to a jury trial by mail or electronic submission of a waiver request through an online system approved by either the Illinois Supreme Court or the local circuit court clerk. Provides that every person accused of an offense pursuant to the provision and entering a plea of not guilty may waive the right to a trial by jury and request a bench trial by submitting a jury waiver request in writing or such other form prescribed by the Illinois Supreme Court or a local circuit court by mail to the clerk of the circuit court in the county where the charge is pending or by electronic submission, through an online system approved by the Illinois Supreme Court or the local circuit court clerk. Provides that the jury trial waiver request under the provision shall include the name, mailing address, driver's license number, citation or complaint number, date of birth, and signature of the defendant. Provides that upon the receipt of a valid waiver request, the clerk of the court before which such request was made shall schedule the matter for a bench trial, enter the waiver into the court record, and the court may proceed with a bench trial without requiring the defendant to personally appear to execute the waiver. Provides that the waiver shall be deemed sufficient to satisfy the waiver requirements of the Code. Provides that the trial court may require the defendant to appear in court if necessary to confirm the validity of the waiver or for a show of good cause. Provides that nothing in the provision shall preclude the Illinois Supreme Court from adopting rules forms and procedures for the implementation of the provision. Makes other changes. Effective January 1, 2027.

Creates the Law Enforcement Data Sharing Act. Provides that a criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by that agency relating to: (1) a law enforcement stop, search, or seizure; (2) a warrant, arrest, or citation; (3) participation in a pre-arrest or post-arrest diversion, specialty court, or other alternative resolution program; (4) a criminal charge, disposition, or sentence; (5) a pretrial or posttrial release from custody, or any terms or conditions of release; (6) a grant, order, change in the terms of, or termination of pretrial supervised release, probation, parole, or participation in correctional or rehabilitative programs; or (7) a formal discipline, reclassification, or relocation of any person under criminal sentence or correctional control. Provides that a criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by the criminal justice agency that is subject to mandatory or discretionary disclosure to any member of the public under the Freedom of Information Act. Provides that a criminal justice agency may share with a bona fide researcher any other criminal justice data, records, or information, including relevant personally identifying information and demographic information, held by that agency that is responsive to a bona fide researcher's request. Provides that, within 6 months after the effective date of the Act, the Attorney General shall issue guidance to assist criminal justice agencies in complying with the Act's requirements. Provides that a criminal justice agency may assess reasonable fees, not to exceed actual costs, for the search, retrieval, and copying of criminal justice data, records, or information requested under the Act, and may waive fees at their discretion.

Amends the Juvenile Court Act of 1987. Provides that, in proceedings under the Minors Requiring Authoritative Intervention, Addicted Minors, or Delinquent Minors Article, initiated in a county, other than the county in which the minor who is subject of the proceedings resides, the court in which the proceedings were initiated may at any time before or after adjudication of wardship transfer the case to the county of the minor's residence. Provides that not later than 15 working days after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, and the minute orders and docket entries of the court. Provides that the clerk of the receiving court shall set a status hearing within 10 business days after receipt of the case and shall notify the judge of the receiving court and all parties. Provides that the receiving court shall review the court record immediately upon receipt. Provides that within 20 business days after receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Provides that until the transferring court receives this notice it continues to have jurisdiction over the case. Provides that if for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days after receiving the case, send a notice to the transferring court indicating its reasons. Provides that the transferring court will continue its jurisdiction of the case and shall set the matter for status within 20 business days. Effective immediately.

Amends the Unified Code of Corrections. Provides that the amendatory Act may be referred to as the Criminal Justice Procedural Clarification Act. Eliminates the consent of the State's Attorney as a requirement for a defendant to participate in the First Time Weapon Offense Program. Changes the eligibility requirements for the Program. Provides that the court may sentence a defendant to probation to participate in the Program, regardless of whether the State's Attorney affirmatively offers or consents to participation in the Program. Provides that the State's Attorney may object to sentencing to probation to participate in the Program only by stating on the record specific and articulable public safety reasons why probation under the provision would be inappropriate for the individual defendant. Provides that, upon objection by the State's Attorney, the court may sentence the defendant under these provisions if the court makes written findings that the defendant meets the statutory eligibility requirements and that probation under these provisions is consistent with specified public safety and the rehabilitative purposes of the Code. Provides that a defendant shall not be deemed ineligible for probation under these provisions solely because the defendant was legally ineligible to apply for a Firearm Owner's Identification Card, at the time of the offense, if no other statutory disqualifications apply. Provides that in cases involving a firearm-related offense, the court shall consider diversion to treatment, including eligibility for the First Time Weapon Offense Program prior to imposing a sentence of incarceration if certain conditions are met. Provides that a person convicted of a firearm-related offense prior to the effective date of the amendatory Act may petition the sentencing court for review if the person meets certain eligibility requirements. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that if the court orders an unfit defendant to be placed in the custody of the Department of Human Services, during the period of time required to determine bed and placement availability at the designated facility, the defendant may (rather than shall) remain in jail. Makes technical changes in a provision concerning credit for good behavior.

Amends the Access to Justice Act. Creates the Remote Filing Task Force of 17 members. Creates an appointment process. Provides that the Task Force shall research and evaluate the existing ability of litigants to file court documents remotely across Illinois, including (1) identifying barriers for pro se litigants, people with a primary language other than English, people in crisis, people with disabilities, and people with low-literacy; (2) research and evaluate approaches to address any barriers identified by the Task Force to increase access and usability to remote filing for all Illinoisans; and (3) make recommendations to reduce barriers for litigants to remotely file court documents and improve access and usability of remote filing statewide. Requires that the Task Force submit a report containing its findings and any recommendations to the Supreme Court and the General Assembly by October 1, 2027. Provides that the Task Force is dissolved on October 2, 2027. Effective immediately.

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".