Criminal Justice

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 Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.

Amends the Criminal Code of 2012. Provides that the offense of possession of burglary tools includes possessing a vehicle security circumvention device and not being a: (1) mechanic; (2) licensed new or used vehicle dealer; (3) licensed locksmith; (4) repossession agent; or (5) State or local law enforcement officer. Provides that a violation is a Class C misdemeanor. Provides that the offense of unlawful sale of burglary tools includes knowingly selling or transferring a vehicle security circumvention device with knowledge that the device will be used by the person or another to commit a violation of law. Provides that a violation is a petty offense. Defines "vehicle security circumvention device".

Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender to knowingly reside within 250 (rather than 500) feet of a school building or the real property comprising any school that persons under the age of 18 attend, a playground, child care institution, day care center, part day child care facility, (deletes day care home and group day care home) or a facility providing programs or services exclusively directed toward persons under 18 years of age. Provides that nothing in these provisions prohibits a person subject to these provisions from residing within 250 feet of a school building or the real property comprising any school that persons under 18 attend, a playground, child care institution, day care center, part day care child care facility, or a facility providing programs or services exclusively directed toward person under 18 years of age if the property was established as his or her current address of registration prior to the date that entity was opened, or if the entity must obtain a license in order to provide programs or services, the date that the license was issued. Provides that once a current property is established as the site of registration, nothing in these provisions prohibits a person subject to these provisions from continuing to reside at the property if the person's floor or unit number changes. Amends the Sex Offender Registration Act and the Murderer and Violent Offender Against Youth Registration Act. Deletes provisions that a person required to register under the respective Act who lacks a fixed residence must report weekly, in person, to the appropriate law enforcement agency where the registrant is located. Makes other changes. Effective immediately.

Amends the Juvenile Court Act of 1987. Provides that when a minor of the age of at least 13 years is adjudged delinquent for an offense involving the illegal use or possession of a firearm in which the firearm was discharged in the commission of the offense, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or non-emergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice, except that the time that a minor spent in custody for the instant offense before being committed to the Department of Juvenile Justice shall be considered as time credited towards that 5-year period. Provides that upon release from a Department facility, a minor adjudged delinquent for an offense involving the illegal use or possession of a firearm in which the firearm was discharged in the commission of the offense shall be placed on aftercare release until the age of 21, unless sooner discharged from aftercare release or custodianship is otherwise terminated in accordance with the Act or as otherwise provided for by law.

Amends the Criminal Code of 2012. Provides that for the purposes of the statutes prohibiting the presence within school zone by child sex offenders and prohibiting their approaching, contacting, residing with, or communicating with a child within certain places and prohibiting sexual predators and child sex offenders presence or loitering in or near public parks, includes in the definition of child sex offender when the victim is a person under 18 years of age at the time of the commission of the offense, a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense that involves: (1) knowingly making a video record or transmitting live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom; (2) knowingly making a video record or transmitting live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent; or (3) placing or causing to be placed a device that makes a video record or transmitting a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmitting live video of another person without that person's consent. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a person who committed a violation or attempted violation of these video recording or live video transmission violations.

Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it shall be a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Defines "electronic communication device".

Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" under the Act, home invasion in which the defendant commits against any person or persons within the dwelling place criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse.

Amends the Criminal Code of 2012. Provides that a prosecution for drug-induced homicide may be commenced within 10 years (rather than 3 years) after the commission of the offense.

Provides that the Act may be referred to as the Responsible Gun Manufacturing Act. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly manufactures, sells, or offers to sell, purchases, receives, manufactures, imports, or transfers a convertible pistol. Establishes penalties. Provides exemptions. Provides that a machine gun also includes any convertible pistol equipped with a switch. Defines "convertible pistol", "switch", and "common household tool". Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that reasonable controls by firearm industry members include reasonable procedures, safeguards, and business practices that are designed to prevent the installation and use of a switch with a firearm. Contains a severability provision.