Rep. Aarón Ortíz

Amends the Unified Code of Corrections. Provides that 45 days prior to the scheduled discharge of a person committed to the custody of the Department of Corrections, the Department shall give the person: (1) information about voter registration and may distribute information prepared by the State Board of Elections and may enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under the Election Code; and (2) information about registering to vote upon discharge from the correctional institution or facility if the person upon discharge would be homeless. Defines "homeless".

Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 1 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Removes language that requires light intermediate care to be staffed at the same staffing ratio as intermediate care. Provides that for purposes of minimum staffing ratios, all residents shall be classified as requiring either skilled care or intermediate care. Defines "intermediate care" and "skilled care". Provides that the Department of Public Health shall adopt rules on or before January 1, 2020 establishing a system for determining compliance with minimum direct care staffing standards and establishing penalties for noncompliance with minimum direct care staffing ratios. Provides that monetary penalties shall be imposed beginning no later than October 1, 2020 and quarterly thereafter. Provides that a violation of the minimum staffing requirements is, at minimum, a Type "B" violation. Provides that a facility that has received a notice of violation for having violated the minimum staffing requirements shall display a notice stating that the facility did not have enough staff to meet the needs of the facility's residents during the quarter cited in the notice of violation. Adds members to the Long-Term Care Facility Advisory Board. Provides that the affirmative vote of 7 (instead of 6) members of the Board shall be necessary for Board action. Provides that a prescribing clinician must obtain voluntary informed consent, in writing, from a resident or the resident's legal representative before authorizing the administration of a psychotropic medication to that resident. Provides that a violation of certain provisions concerning informed consent is a Type "A" violation and shall serve as prima facie evidence of abuse or criminal neglect of a person in a long-term care facility under the Criminal Code of 2012. Provides that no facility or managed care plan shall deny admission or continued residency to a person or resident based on the refusal of the administration of psychotropic medication, unless the prescribing clinician or facility can demonstrate that the resident's refusal would place the health and safety of the resident, the facility staff, other residents, or visitors at risk. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by Senate Amendment No. 1 with the following changes: Throughout the Act, replaces references to a resident's authorized representative with references to a resident's surrogate decision maker. Contains provisions regarding the Department of Public Health's informed consent protocol. Provides that the Department shall utilize the rules, protocols, and forms previously developed and implemented under the Specialized Mental Health Rehabilitation Act of 2013, unless specified exceptions apply. Provides that informed consent forms may include side effects that the Department reasonably believes are more common. Provides that informed consent shall be sought by the facility from the resident unless the resident's attending physician determines that the resident lacks decisional capacity, as determined under the Health Care Surrogate Act. Provides that if the resident lacks decisional capacity, the facility shall seek informed consent from the resident's surrogate decision maker. Provides that no monetary penalty may be issued during the implementation period of rules establishing those penalties. Provides that the implementation period shall be July 1, 2020, through September 30, 2020. Provides that if a violation of staffing requirements is not more than a 5% deviation of the required minimum staffing requirements, the Department shall have the discretion to determine the gravity of the violation and, taking into account mitigating and aggravating circumstances and facts, may adjust any penalty or type or class of violation. Provides a notice form for facilities that do not meet the minimum staffing ratios. Makes other changes. Effective immediately. House Committee Amendment No. 2 Deletes reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Adds reference to: 210 ILCS 45/1-101 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 3 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: New Act 305 ILCS 5/5A-2.1 new 305 ILCS 5/5A-2 from Ch. 23, par. 5A-2 305 ILCS 5/5-5.07 305 ILCS 5/14-12 305 ILCS 5/12-4.53 210 ILCS 45/3-206 from Ch. 111 1/2, par. 4153-206 225 ILCS 65/55-35 225 ILCS 65/60-40 225 ILCS 70/11 from Ch. 111, par. 3661 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Reenacts provisions regarding assessments on inpatient and outpatient services imposed on hospitals. Provides for the continuity of effect of the reenacted provisions between July 1, 2020 and the effective date of the amendatory Act. Validates actions taken in reliance on or pursuant to the reenacted provisions. In a Section concerning the Department of Children and Family Services' per diem rate for an inpatient psychiatric stay beyond medical necessity, provides that the Section is inoperative on and after July 1, 2021 (instead of July 1, 2020). Provides that notwithstanding the provision of Public Act 101-209 stating that the Section is inoperative on and after July 1, 2020, the Section is operative from July 1, 2020 through June 30, 2021. Provides that beginning July 1, 2012 and ending on December 31, 2022, a hospital that would have qualified for the rate year beginning October 1, 2012 shall be a Safety-Net Hospital. Requires the Department of Healthcare and Family Services to establish a health care transformation program which shall be supported by the transformation funding pool. Provides that it is the intention of the General Assembly that innovative partnerships funded by the pool must be designed to establish or improve integrated health care delivery systems that will provide significant access to the Medicaid and uninsured populations in their communities, as well as improve health care equity. Provides that during State fiscal years 2021 through 2027, the hospital and health care transformation program shall be supported by an annual transformation funding pool of up to $150,000,000, pending federal matching funds, to be allocated during the specified fiscal years for the purpose of facilitating hospital and health care transformation. Provides that funding agreements made in accordance with the transformation program shall be considered purchases of care under the Illinois Procurement Code and funds shall be expended by the Department in a manner that maximizes federal funding to expend the entire allocated amount. Contains provisions concerning the criteria for transformation proposals; entities eligible for funding under the transformation program; the process for submitting transformation projects; the Department's process for evaluating and approving transformation proposals; and other matters. In a provision concerning Prospective Payment System rates for federally qualified health centers (FQHCs), provides that one method to increase such rates is to use an alternative payment method acceptable to the Centers for Medicare and Medicaid Services and the FQHCs, including an across the board percentage increase to existing rates. Creates the COVID-19 Medically Necessary Diagnostic Testing Act. Provides that a health plan shall not impose utilization management requirements on COVID-19 diagnostic tests for nursing home employees. Provides that medically necessary COVID-19 testing is urgent care, and health plans shall not extend the applicable wait time for a COVID-19 testing appointment, even if such an extension would otherwise be permitted. Requires a health plan to reimburse the testing provider for medically necessary COVID-19 testing at the contracted rate if the health plan has a contract with the testing provider. Amends the Medical Assistance Article of the Illinois Public Aid Code. Amends the Nursing Home Care Act. Requires the Department of Public Health to accept on-the-job experience in lieu of clinical training from any individual who participated in the temporary nursing assistant program during the COVID-19 pandemic before the end date of the temporary nursing assistant program and left the program in good standing. Requires the Department of Public Health to notify all approved certified nurse assistant training programs in the State of this requirement. Defines "temporary nursing assistant program". Provides that an individual employed during the COVID-19 pandemic as a nursing assistant in accordance with any Executive Orders, emergency rules, or policy memoranda related to COVID-19 shall be assumed to meet competency standards and may continue to be employed as a certified nurse assistant when the pandemic ends and the Executive Orders or emergency rules lapse. Amends the Hospital Licensing Act. Provides that whenever a public health emergency has resulted in pre-admission screenings to be waived in lieu of screenings post admission to a nursing home and the case coordination unit, upon being timely notified of the need to complete the post-admission screen, fails to complete the screen within the allotted time, the nursing facility shall not be penalized and shall be reimbursed for care from the date of admission. Effective immediately.

Amends the Foreign Banking Office Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 205 ILCS 645/1 Adds reference to: 215 ILCS 5/355 from Ch. 73, par. 967 215 ILCS 125/4-12 from Ch. 111 1/2, par. 1409.5 Replaces everything after the enacting clause. Amends the Illinois Insurance Code and the Health Maintenance Organization Act. Provides that all individual and small group accident and health policies written in compliance with the Patient Protection and Affordable Care Act must file rates for approval. Provides that rate increases not found to be reasonable in relation to benefits under the policy provided will be disapproved. Requires the Department of Insurance to provide a report to the General Assembly after January 1, 2021, regarding both on and off exchange individual and small group rates in the Illinois market. House Floor Amendment No. 2 Deletes reference to: 205 ILCS 645/1 Adds reference to: 215 ILCS 5/355 from Ch. 73, par. 967 215 ILCS 125/4-12 from Ch. 111 1/2, par. 1409.5 Replaces everything after the enacting clause. Amends the Illinois Insurance Code and the Health Maintenance Organization Act. Provides that all individual and small group accident and health policies written in compliance with the Patient Protection and Affordable Care Act must file rates with the Department of Insurance for approval. Provides that rate increases found to be unreasonable rate increases in relation to benefits under the policy provided shall be disapproved. Requires the Department to provide a report to the General Assembly after January 1, 2021, regarding both on and off exchange individual and small group rates in the Illinois market. Requires that the Department approve or deny rate increases within 60 calendar days after the rate increase is filed with the Department. Provides that a rate increase that is not approved or denied by the Department on the 61st calendar day shall be automatically approved on that day. Provides that no less than 30 days after the federal Centers for Medicare and Medicaid Services has certified the plans described in this Section for the upcoming plan year, the Department shall publish on its website a report explaining the rates for the subsequent calendar year's certified policies. Defines "unreasonable rate increase". Senate Floor Amendment No. 2 Deletes reference to: 215 ILCS 5/355 from Ch. 73, par. 967 215 ILCS 125/4-12 from Ch. 111 1/2, par. 1409.5 Adds reference to: 805 ILCS 5/7.05 from Ch. 32, par. 7.05 805 ILCS 5/7.15 from Ch. 32, par. 7.15 805 ILCS 5/7.30 from Ch. 32, par. 7.30 Replaces everything after the enacting clause. Amends the Business Corporation Act of 1983. Provides that if the board of directors is authorized to determine the place of a meeting of shareholders, the board of directors may determine that the meeting shall not be held at any place, but may instead be held solely by means of remote communication. Provides that a corporation may allow shareholders to participate in and act at any meeting of the shareholders through the use of remote connection; however, the corporation shall implement reasonable measures to provide the shareholders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the shareholders. Provides that the corporation may implement reasonable measures to verify that each person deemed present and entitled to vote at the meeting by means of remote communication is a shareholder. Makes corresponding changes. Effective immediately.

Creates the Prescription Drug Pricing Transparency Act. Requires health insurers to disclose certain rate and spending information concerning prescription drugs and certain prescription drug pricing information to the Department of Public Health. Requires the Department and health insurers to create annual lists of prescription drugs on which the State spends significant health care dollars and for which costs have increased at a certain rate over time. Requires the Department and health insurers to provide their lists to the Attorney General. Requires prescription drug manufacturers to notify the Attorney General if they are introducing a new prescription drug at a wholesale acquisition cost that exceeds the threshold set for a specialty drug under the Medicare Part D program. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance that provides coverage for prescription drugs to apply the same cost-sharing requirements to interchangeable biological products as apply to generic drugs under the policy. Amends the Pharmacy Practice Act. Provides that when a pharmacist receives a prescription for a biological product, the pharmacist shall select the lowest priced interchangeable biological product (rather than allowing a pharmacist to substitute an interchangeable biological product only if certain requirements are met). Requires that when a pharmacist receives a prescription from a Medicaid recipient, the pharmacist shall select the preferred drug or biological product from the State's preferred drug list. Makes other changes. Makes conforming changes in the Freedom of Information Act. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/356z.33 225 ILCS 85/16d new 225 ILCS 85/19.5 225 ILCS 85/19.7 new 225 ILCS 85/25 225 ILCS 85/41 Removes the provisions amending the Illinois Insurance Code and the Pharmacy Practice Act. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Senate Floor Amendment No. 3 Deletes reference to: New Act 5 ILCS 140/7.5 Adds reference to: 625 ILCS 57/33 new 625 ILCS 57/Act title 625 ILCS 57/1 625 ILCS 57/5 625 ILCS 57/10 625 ILCS 57/15 625 ILCS 57/20 625 ILCS 57/25 625 ILCS 57/30 625 ILCS 57/32 625 ILCS 57/34 Replaces everything after the enacting clause. Reenacts the Transportation Network Providers Act. Provides for the continuation and validation of the Act, and extends the repeal to June 1, 2021. Effective immediately.

Urges Congress and the President of the United States to grant the right and privilege of United States residency to all farm, agricultural, and manufacturing workers who have served and labored during the COVID-19 crisis.

Amends the Illinois Educational Labor Relations Act. Removes language concerning impasse procedures involving an educational employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000. Repeals provisions concerning subjects of collective bargaining with that educational employer. Effective immediately. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Fiscal Note (IL Educational Labor Relations Board) This bill is not expected to have any measurable fiscal impact on the Illinois Educational Labor Relations Board.

Amends the Election Code. Provides for the election of the Chicago Board of Education at the general primary election in 2020 only as a nonpartisan election on a separate ballot. Provides that a member of the Chicago Board of Education shall be elected at each consolidated election thereafter. Makes related changes. Amends the Chicago School District Article of the School Code. Provides that a person shall be a U.S. citizen and registered voter and shall have been a resident of the city and the electoral district for at least one year immediately preceding his or her election. Sets forth provisions concerning nominating petitions and ballots. Sets forth provisions providing that the City of Chicago shall be subdivided into 20 electoral districts by the General Assembly for seats on the Chicago Board of Education. Sets forth provisions providing that in the year following each decennial census, the General Assembly shall redistrict the electoral districts to reflect the results of each decennial census. Makes other changes. Effective immediately. House Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides for the election of the Chicago Board of Education for the 2023 and 2027 consolidated primary elections only (rather than beginning with the 2020 general primary election only as a nonpartisan election on a separate ballot and each consolidated election thereafter). Provides that no later than June 30, 2029, the General Assembly must review and revise the election of members of the Chicago Board of Education and if the General Assembly has not reauthorized the election of members of the Chicago Board of Education by June 30, 2029, then, on May 13, 2031, the terms of all members elected in 2027 shall end, and a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor. Makes conforming changes. Provides that, beginning on May 9, 2023 (rather than March 24, 2020) and until May 13, 2031, successors of the Inspector General for the Chicago school district shall be appointed by the school board instead of the Mayor. Effective immediately.

Amends the Criminal and Traffic Assessment Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 705 ILCS 135/1-1 Adds reference to: 705 ILCS 35/1 from Ch. 37, par. 72.1 705 ILCS 35/2a from Ch. 37, par. 72.2a 705 ILCS 35/2f-12 new Replaces everything after the enacting clause. Amends the Circuit Courts Act. Divides the 6th judicial circuit into the 6th and 24th judicial circuits on December 7, 2020. Provides that the 6th circuit shall consist of the county of Champaign, and the 24th circuit shall consist of the counties of Douglas, Moultrie, Macon, DeWitt and Piatt. Provides that of the 5 circuit judges elected in the 6th circuit before the 2020 general election, the Supreme Court shall assign 3 to the 6th circuit and 2 to the 24th circuit, based on the residency of the circuit judges then holding those judgeships. Provides that an individual seeking election or retention during the 2020 general election to one of the 6 at large judgeships assigned to the 6th circuit shall seek election or retention solely within the boundaries of Champaign County, and an individual seeking election or retention during the 2020 general election to one of the 2 at large judgeships assigned to the 24th circuit shall seek election or retention solely within the boundaries of DeWitt, Douglas, Macon, Moultrie, and Piatt counties. Provides that the resident judgeships elected in the counties of Macon, Moultrie, Douglas, and DeWitt shall become a resident judgeship of his or her specified county in the 24th circuit on December 7, 2020. Provides that before December 7, 2020, the Supreme Court shall allocate: the associate judgeships of the 6th circuit between the 6th and 24th circuits; and personnel, books, records, documents, property, funds, assets, liabilities, and pending matters concerning the 6th circuit between the 6th and 24th circuits. Makes corresponding changes. Effective immediately. House Floor Amendment No. 2 Provides that the one resident judgeship elected from Moultrie County and Piatt County (rather than 2 resident judgeships elected from Moultrie County) shall become a resident judgeship of his or her specified county in the 24th circuit on December 7, 2020. Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) The Balanced Budget Note Act does not apply to House Bill 97 (H-AM 1) as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) The Balanced Budget Note Act does not apply to House Bill 97 (H-AM 2) as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 97 (H-AM 1) would not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 97 (H-AM 2) would not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) HB 97 (H-AM 1) would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 97 (H-AM 2) would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included this legislation; therefore, there are no appraisals to be filed. Senate Floor Amendment No. 2 Deletes reference to: 705 ILCS 35/1 from Ch. 37, par. 72.1 705 ILCS 35/2a from Ch. 37, par. 72.2a 705 ILCS 35/2f-12 new Adds reference to: 705 ILCS 5/11 from Ch. 37, par. 16 Replaces everything after the enacting clause. Amends the Supreme Court Act. Provides that the office of marshal for the Supreme Court may also employ court security officers. Subjects such a court security officer hired by the marshal to the same training requirements and authorizes a court security officer to arrest in the same manner as a court security officer hired by a county sheriff. Allows a court security officer to carry a weapon at his or her place of employment and to and from his or her place of employment. Effective immediately.

Creates the Workplace Transparency Act. Provides that an employer shall not enter into a contract or agreement with an employee or applicant if that contract or agreement contains a nondisclosure or nondisparagement clause or forced arbitration clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Makes corresponding changes in the Uniform Arbitration Act, the Illinois Human Rights Act, and the Illinois Freedom to Work Act. Changes the definition of "sexual harassment" in the State Officials and Employees Ethics Act and the Lobbyist Registration Act. Amends the Code of Civil Procedure. Provides that no court shall enter an order or judgment that has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard. Further amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; and employer disclosure requirements. Amends the Victims' Economic Security and Safety Act. Makes the Act applicable in instances of sexual harassment. Provides that a civil action may be brought to enforce the Act without first filing an administrative complaint. Makes other changes concerning definitions and documentation. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 430/5-65 25 ILCS 170/4.7 735 ILCS 5/2-302 new 775 ILCS 5/5A-101 820 ILCS 90/20 new 820 ILCS 180/35 Adds reference to: 5 ILCS 140/7 from Ch. 116, par. 207 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/8-109.1 new 5 ILCS 140/7.5 Replaces everything after the enacting clause. Creates the Workplace Transparency Act. Provides provisions for: prohibitions; voidable agreements; unconscionable terms; settlement or separation agreements; enforcement; application; limitations; and severability. Makes conforming changes in the Uniform Arbitration Act. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to engage in: harassment; harassment of nonemployees in the workplace; and sexual harassment of nonemployees in the workplace. Provides that beginning July 1, 2020, each employer shall disclose specified information to the Department of Human Rights. Provides that the Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. Provides provisions for: civil penalties; failure to report; and failure to train. Makes conforming changes in the Freedom of Information Act and the Victims' Economic Security and Safety Act. Creates the Stopping Predators from Evading Allegations of Abuse of Kids Act. Provides provisions for: prohibition on sexual abuse of children in youth sports; required reporting of child and sexual abuse in youth sports; posting of rights by youth recreational athletic entity; and enforcement. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. House Committee Amendment No. 1 Deletes reference to: New Act 5 ILCS 140/7.5 710 ILCS 5/1 from Ch. 10, par. 101 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/2-101 from Ch. 68, par. 2-101 775 ILCS 5/2-102 from Ch. 68, par. 2-102 775 ILCS 5/2-108 new 775 ILCS 5/6-102 775 ILCS 5/7-114 new 775 ILCS 5/8-109.1 new 820 ILCS 180/10 820 ILCS 180/15 820 ILCS 180/20 820 ILCS 180/25 820 ILCS 180/30 820 ILCS 180/45 Adds reference to: 735 ILCS 5/1-101 from Ch. 110, par. 1-101 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Repeals the Statewide Organized Gang Database Act. Effective January 1, 2020. House Committee Amendment No. 1 Deletes reference to: 20 ILCS 2640/Act rep. Adds reference to: New Act 725 ILCS 5/115-10.5a new Replaces everything after the enacting clause. Creates the Law Enforcement Gang Database Information Act. Provides that each law enforcement agency that maintains a gang database or has access to a shared gang database shall have a policy regarding those databases. Provides that the policy shall include, but not be limited to: (1) that personnel authorized to access a gang database or shared gang database are limited to sworn law enforcement personnel, non-sworn law enforcement support personnel, criminal justice entities, or non-criminal justice technical or maintenance personnel, including information technology and information security staff and contract employees, who have been subject to character or security clearance and who have received approved training; (2) any records contained in a gang database, shared gang database, gang-related information in a law enforcement agency case report, gang-related information in a law enforcement agency dispatch note, or gang-related information in a law enforcement agency dispatch system record shall not be disclosed for the following purposes: employment, education, licensing, or housing, except that law enforcement and criminal justice entities may use information contained in a gang database or shared gang database for employment purposes, and records contained in a gang database or shared gang database may be disclosed to comply with federal law, for national security or homeland security purposes, for military screening purposes, or for other appropriate law enforcement purpose; (3) security procedures; and (4) the review and purge process from gang databases and shared gang databases. Defines terms. Amends the Code of Criminal Procedure of 1963. Provides that in all criminal cases, evidence which indicates the mere presence that the person was or is on a gang database or a shared gang database is not admissible. Effective immediately.