Criminal Justice (Domestic Violence)

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 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 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.

Creates the Domestic Violence Survivor Health Care Billing Act. Provides that a domestic violence survivor who is not the subscriber or primary policyholder of a health insurance plan may opt out of billing the health insurer for medical forensic services related to domestic violence if the domestic violence survivor provides a sworn statement or affidavit attesting to the domestic violence and any additional documentation to support the claim of domestic violence, which may include, but is not limited to, a police report, a protective order, or documentation from a domestic violence shelter or program that the health care practitioner may request. Provides that if the domestic violence survivor chooses to not have the health insurer billed, the health care practitioner shall instead submit the bill for the medical forensic services to the Department of Human Services for reimbursement through the Domestic Violence Prevention and Intervention Program or a similar program administered by the Department of Human Services. Provides that reimbursement may be provided regardless of when the incident of domestic violence occurred and is limited to medical forensic services that are directly related to an incident of domestic violence. Defines terms and sets forth provisions concerning rulemaking.

Amends the Criminal Code of 2012. Provides that violation of an order of protection is a Class 4 felony if the defendant has any prior conviction violation of a civil no contact order, violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as violation of a civil no contact order or violation of a stalking no contact order. Provides that violation of a civil no contact order is a Class 4 felony if the defendant has any prior conviction for violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order. Provides that violation of a stalking no contact order is a Class 4 felony if the defendant has any prior conviction under the Code for a violation of an order of protection, violation of a stalking no contact order, or violation of a civil no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order.

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 Illinois Domestic Violence Act of 1986. Provides that upon petition, the court shall order that a person against whom an emergency order of protection was issued shall have all records related to the emergency order expunged (unless the person violated the order) from the court's records and from the Illinois State Police's Law Enforcement Agencies Data System if: (1) the person who sought the emergency order fails to seek a plenary order of protection before the emergency order expires; (2) there is an agreed dismissal; or (3) the court denies the issuance of a plenary order of protection following the emergency order. Provides that the clerk shall immediately file the expungement order and all records to be expunged shall be expunged no later than 3 business days after the order. Effective June 1, 2025.

HB 3995 is an appropriations bill that allocates specific funds from various state funds to the Office of the Attorney General for existing programs. It directs $90 million for general operations, $11 million for violent crime victims assistance, $5 million to the Illinois Equal Justice Foundation, $2.5 million for Medicaid fraud enforcement, and additional sums for domestic violence services, tobacco litigation oversight, and other AG functions. The bill does not create new policies but specifies funding sources and purposes for current Attorney General programs. It becomes effective July 1, 2025, and directly affects the Attorney General's office and the organizations receiving these grants.

Creates the Judicial Domestic Violence Training Act. Requires the Judicial Education Division of the Administrative Office of the Illinois Courts to develop and implement a domestic violence continuing education program for judges and relevant court personnel. Provides that the continuing education program shall be required training for all judges every 2 years and shall be held at every biennial Education Conference and every new judge seminar.