Criminal Justice

Amends the Criminal Code of 2012. Deletes the mental state of "knowingly" from the elements of the offense of resisting or obstructing a peace officer, firefighter, or correctional institution employee.

Amends the Criminal Code of 2012. Provides that a person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors the person displays or causes to be displayed, on public or private property, a burning cross, a Nazi swastika, or a noose, with the intent to intimidate a person or group of persons or incite violence against a person or group of persons. Provides that the provisions of the amendatory Act are severable under the Statute on Statutes.

Amends the Counties Code and the Illinois Municipal Code. Provides that a law enforcement officer may not be required to issue a specific number of citations within a designated period of time or be required to meet an arrest quota (rather than a law enforcement officer may not be required to issue a specific number of citations within a designated period of time). Defines "arrest quota". Modifies and adds criterion that may be used to evaluate a law enforcement officer. Provides that a person or exclusive bargaining representative who is or whose members are aggrieved by a violation of the provisions may bring a civil action in an appropriate circuit court for declaratory or injunctive relief with respect to the violation. Provides that, if the person or the exclusive bargaining representative is the prevailing party, the court shall award the prevailing party reasonable attorney's fees and costs and additional relief the court deems appropriate. Provides that enforcement of the provisions in circuit court does not affect a right or remedy available under any other law of this State. Makes other changes.

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding any other provisions of the Code, if the defendant is charged with a violation of the Illinois Controlled Substances Act involving the manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog of 15 grams or more of a substance containing fentanyl, or an analog thereof, then the burden of proof is on the defendant to show by clear and convincing evidence that the defendant's pretrial release does not pose 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.

Amends the Illinois Crime Reduction Act of 2009. Provides that the policies, rules, and regulations adopted by the Parole Division and the Prisoner Review Board shall authorize and implement the use by the Department of Corrections of drug detecting scanning devices for supervised individuals packages and mail. Provides that the policies, rules, and regulations of the Department of Corrections shall authorize and implement the Department of Corrections use of drug detecting scanning devices for prisoners packages and mail for suspected drugs.

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant previously granted pretrial release is charged with violation of any criminal offense committed while on pretrial release, the State may seek revocation of the defendant's pretrial release. Provides that when a defendant released pretrial is charged with a violation of any criminal offense committed while on pretrial release, the State may seek revocation of the defendant's pretrial release (rather than when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release after a hearing on the court's own motion or upon the filing of a verified petition by the State).

Appropriates $60,549,700 from the General Revenue Fund to the Office of Statewide Pretrial Services for operational expenses, awards, grant, permanent improvements, and pretrial services reimbursements for the fiscal year ending June 30, 2026. Makes other appropriations to the Office. Effective July 1, 2025.

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding the pretrial release and denial of pretrial release provisions of the Code, if the defendant is charged with any of the following offenses, then the burden is on the defendant to show by clear and convincing evidence that the defendant's pretrial release does not pose 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) a violation of an order of protection issued under the Code or the Illinois Domestic Violence Act of 1986, a stalking no contact order under the Stalking No Contact Order Act, or of a civil no contact order under the Civil No Contact Order Act; or (2) domestic battery or aggravated domestic battery under the Criminal Code of 2012.

Creates the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act. Provides that reasonable accommodations for incarcerated individuals with an intellectual disability or a developmental disability shall include a waiver of any requirement that the individual take the Test of Adult Basic Education and receive a passing score, or take and receive a passing score on any other examination or test that the Department may require to determine academic achievement or access to educational programs, work assignments, and vocational programs. Provides that participation in these programs through the Test of Adult Basic Education waiver and other reasonable accommodations shall qualify individuals with an intellectual disability or a developmental disability to earn earned sentence credit, consistent with opportunities provided to other incarcerated individuals. Provides that Department of Corrections staff, including educational personnel, shall receive annual training on: (1) identifying individuals who have an intellectual disability or a developmental disability; (2) providing accommodations and supports to an individual with an intellectual disability or a developmental disability in educational, employment. and vocational settings; and (3) administering appropriate alternative assessments. Provides that staff training programs shall be developed in collaboration with disability advocacy organizations and educational institutions. Provides that the Department shall ensure compliance with federal disability laws, including the Americans with Disabilities Act and Rehabilitation Act of 1973, through the implementation of the Act. Provides that individuals with an intellectual disability or a developmental disability who are denied access to programs or accommodations under the Act may file a grievance through the Department's established grievance procedures. Effective immediately.

Appropriates $60,549,700 from the General Revenue Fund to the Office of Statewide Pretrial Services for operational expenses, awards, grant, permanent improvements, and pretrial services reimbursements for the fiscal year ending June 30, 2026. Makes other appropriations to the Office. Effective July 1, 2025.