Criminal Justice (Courts)

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 Substance Use Disorder Treatment for Criminal Justice Clients Article of the Substance Use Disorder Act. Changes references from "treatment" to "case management" and changes the name of the Article. Provides that nothing in provisions concerning case management shall preclude any individual with a substance use disorder who is charged with or convicted of a crime from receiving case management services with a designated program if such services are ordered by the court. Provides that the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under a provision concerning case management as a condition of probation. Provides that the sentence to probation under the provisions shall not be considered a conviction under Illinois law unless and until judgment is entered upon violation of a term or condition of probation. Provides that, upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that case management services by a designated program may be made a condition of pretrial release, and failure to comply with such services may be treated as a violation of a condition of pretrial release. Requires the designated program to make periodic progress reports regarding each such defendant to the appropriate pretrial services agency or Office of Statewide Pretrial Services and to report failures to comply with the requirements of the designated program. Makes conforming and other changes.

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.

Creates the DUI Treatment Court Act. Provides that the Chief Judge of each judicial circuit may establish a DUI court program in compliance with the Problem-Solving Court Standards. Provides that, at the discretion of the Chief Judge, the DUI court program may be operated in one or more counties of the circuit. Allows defendants from all counties within the circuit to participate. Provides that DUI court programs must be certified by the Illinois Supreme Court. Provides that persons who committed specified offenses are excluded from the DUI court program. Provides that a judge assigned to preside over a DUI treatment court shall have experience, training, and continuing education in specified topics. Provides, subject to appropriation, for mandatory education seminars for DUI court prosecutors and public defenders. Provides that a defendant may be admitted into a DUI court program upon the consent of the defendant and with the approval of the court only if the person has been charged with driving under the influence or aggravated driving under the influence. Provides that, subject to certain limitations, the court may vacate or successfully terminate the participant's sentence or otherwise discharge the participant from any further proceedings upon successful completion of the terms and conditions of the program.

Amends the Unified Code of Corrections. Provides that: (1) if the person committed the offense while possessing a knife, 15 years shall be added to the term of imprisonment imposed by the court; (2) if, during the commission of the offense, the person used the knife, 20 years shall be added to the term of imprisonment imposed by the court; or (3) if, during the commission of the offense, the person personally used the knife that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court. Effective immediately.

Creates the Restorative Justice Community Court Act. Provides that the chief judge of each judicial circuit shall establish at least one Restorative Justice Community Court and may establish additional satellite Restorative Justice Community Courts. Provides that Restorative Justice Community Courts shall be planned, operated, and evaluated in accordance with the Illinois Supreme Court Problem-Solving Court standards and shall obtain certification and maintain compliance with the requirements of the Administrative Office of the Illinois Courts. Provides that referral to the Restorative Justice Community Court may be initiated by the court; the defendant; counsel for the defendant; probation, pretrial services, or Restorative Justice Community Court staff; or the State's Attorney. Provides that, upon admission to a Restorative Justice Community Court, the court shall enter an order staying the criminal proceedings and tolling the speedy-trial period. Provides that, upon a finding by the court that a participant has successfully completed all conditions of a Restorative Justice Community Court Agreement, including obligations to repair harm, participate in restorative processes, and comply with services and supports identified in the restorative agreement, the court shall: (1) dismiss the charge or charges underlying the participant's admission to the Restorative Justice Community Court in the interests of justice and (2) enter an order dismissing the charge or charges and expunging the record of arrest and court proceedings in accordance with the Criminal Identification Act without any statutory waiting period. Amends the Code of Criminal Procedure of 1963 to make conforming changes. Effective January 1, 2027.

Amends the Crime Victims Compensation Act. Removes the requirements to report the crime within 72 hours of its occurrence or within 7 days for other specified crimes. Removes language that requires certification from a mental health provider to come from a provider who has not before and will not again provide care to the victim or applicant. Provides that confidentiality is not waived between a health care provider and the victim or applicant if a mental health provider, medical provider, or other third party provides documentation of the crime for the purposes of compensation eligibility. Requires the Attorney General to make and publish on its website the form the mental health provider must use to certify the evaluation of the victim or applicant. Requires the Comptroller to issue payment within 2 business days of approval of an emergency award by the Court of Claims. Provides that emergency awards may be issued to the applicant for the purpose of paying funeral and burial expenses directly to a funeral home for expenses that have been incurred or that the applicant has been quoted and for relocation expenses incurred or due to be incurred by an applicant. Provides that if the amount of emergency compensation exceeds the actual amount the applicant incurs, the difference shall be repaid to the State. Makes other changes.

Amends the Criminal Code of 2012. In the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, expands the definition of "predicate activity" to include bribery, official misconduct, solicitation misconduct (State government), solicitation misconduct (local government), and legislative misconduct. Extends the repeal of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law to January 1, 2035 (rather than July 1, 2027). Amends the Code of Criminal Procedure of 1963. Expands the authority of the State's Attorney to seek a court order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing, or is about to commit an offense to include predicate activity under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. Effective immediately.

Appropriates the sum of $573,827,400, or so much thereof as may be necessary from the General Revenue Fund to the Supreme Court for operational expenses, awards, grants, permanent improvements, and probation reimbursements for the fiscal year ending June 30, 2027. Appropriates other sums for other Supreme Court projects and programs. Effective July 1, 2026.

Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall not deny an application for a Firearm Owner's Identification Card or revoke a Firearm Owner's Identification Card on the basis of: (1) any conviction, adjudication, or delinquency finding that has been vacated, reversed, or set aside by a court; or (2) any record that has been expunged, sealed, or otherwise ordered removed under the Criminal Identification Act or Juvenile Court Act of 1987. Provides that the Illinois State Police shall eliminate from all internal databases any of these records within 45 days after receipt of the court order. Provides that use of any such record in connection with a Firearm Owner's Identification Card determination is prohibited. Provides that when a circuit court issues a final order directing the Illinois State Police to issue or reinstate a Firearm Owner's Identification Card of a person whose application for a card has been denied or whose card has been revoked, the Illinois State Police shall comply with the order and issue the card within 30 days after receipt of the order, unless the Illinois State Police files a petition for review in the Appellate Court within that 30-day period. Provides that if the Illinois State Police fails to comply with that provision, the person's application for a Firearm Owner's Identification Card shall be automatically granted by the Illinois State Police by operation of law or the person's Firearm Owner's Identification Card shall be automatically restored by operation of law on the 31st day after receipt of the order. Provides for the submission of certain quarterly reports by the Illinois State Police to the General Assembly and to the Governor. Effective immediately.