Rep. Carol Ammons

Amends the Equal Pay Act and the Consumer Fraud and Deceptive Business Practices Act. Provides that when using predictive data analytics in determining creditworthiness or in making hiring decisions, the use of predictive data analytics may not include information that correlates with the race or zip code of the applicant for credit or employment. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow information about the consumer's preference that correlates with the consumer's race or zip code to influence any conclusion regarding the consumer's creditworthiness. Provides that a person or entity that violates the provision commits an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. House Floor Amendment No. 3 Deletes reference to: 815 ILCS 505/2WWW new Adds reference to: 815 ILCS 505/2AAAA new Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No. 2 with the following changes: Further amends the Illinois Human Rights Act. Provides that nothing in the Act shall be construed to prevent the use of predictive data analytics to support the inclusion of diverse candidates in making employment decisions. Provides that the definition of "predictive data analytics" means the use of automated machine learning algorithms for the purpose of statistically analyzing a person's (rather than an employee's) behavior. Further amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person or entity that relies either partially or fully on predictive data analytics to determine a consumer's creditworthiness may not allow the use of information about the consumer that assigns specific risk factors to the consumer's race or zip code resulting in rejection of credit or other adverse credit-related action to a consumer (rather than to influence any conclusion regarding the consumer's creditworthiness). Provides that a person or entity that uses predictive data analytics to determine the creditworthiness of more than 50 consumers in a calendar year who are Illinois residents shall devise procedures to ensure that it does not consider information that assigns specific risk factors to a consumer's race or zip code when rejecting or taking other adverse action on a consumer's application for credit (rather than when determining a consumer's creditworthiness). Makes other changes.

Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission in its annual submission of recommendations to the Governor and General Assembly shall include recommendations regarding the inclusion of emerging adults into a developmentally appropriate justice system, reducing recidivism, and preventing deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides in the Article concerning delinquent minors that on and after January 1, 2022, "delinquent minor" includes a minor who prior to his or her 19th birthday has violated or attempted to violate, regardless of where the act occurred, a federal law or State law, or county or municipal ordinance and the law or ordinance is classified as a misdemeanor offense. Provides that on and after January 1, 2024, "delinquent minor" includes a minor who prior to his or her 21st birthday has violated or attempted to violate, regardless of where the act occurred, a federal law or State law or county or municipal ordinance and the law or ordinance is classified as a misdemeanor offense. Provides that the changes made by the amendatory Act apply to violations or attempted violations committed on or after the effective date of the amendatory Act. House Floor Amendment No. 2 Raises the age in which a minor may be prosecuted as an adult for misdemeanor offenses from 18 to 19 years of age beginning January 1, 2023. Deletes provision that beginning January 1, 2024, the minimum age in which a minor may be prosecuted as an adult for misdemeanor violations is 21 years of age.

Amends the Election Code. Repeals provisions that prohibit a person that is serving a sentence of confinement in any penal institution from voting until his or her release from confinement. Effective January 1, 2022.

Amends the Illinois Food, Drug and Cosmetic Act. Requires a manufacturer of a prescription drug that is sold, offered for sale, or distributed in this State, or placed on a formulary to be eligible for payment, co-payment, or reimbursement in this State, to notify the Department of Public Health of specified information concerning active pharmaceutical ingredients.

Amends the Criminal Identification Act. Provides that records of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, may be immediately expunged after the final disposition of the case. Provides that upon entry of judgment, the defendant shall be informed of this right and the proper procedures to follow to have records that are eligible be immediately expunged. Provides that the petition may be filed on behalf of the defendant by his or her attorney at the final disposition hearing, or by the defendant at any time. Provides that the State's Attorney may not object to an immediate expungement petition and the presiding trial judge shall enter an order granting or denying the petition during the hearing in which the petition is filed. Makes other changes. House Floor Amendment No. 3 Provides that records concerning the offenses of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, domestic battery, aggravated domestic battery, a violation of an order of protection, a violation of a civil no contact order, or a violation of a stalking no contact order are not subject to the immediate expungement provisions. Provides that arrests or charges that result in acquittals shall not be used as the basis for penalty enhancements in subsequent criminal prosecutions.

Amends the Code of Civil Procedure. Provides that any person criminally prosecuted and incarcerated for 30 days or longer prior to trial for one or more felonies by the State which he or she did not commit may file a petition for a certificate of innocence. Provides that the petitioner must prove that: the petitioner was incarcerated prior to trial in a prosecution that resulted in an acquittal or dismissal; the prosecution did not result in a conviction of a lesser included offense; the petitioner is innocent of the charges on which the petitioner's pretrial detention was based, or the charges did not constitute a felony or misdemeanor; and the petitioner did not by his or her own conduct voluntarily cause or bring about the charges that resulted in his or her pretrial incarceration. Amends the Court of Claims Act. Provides that a person who has been issued a certificate of innocence may file a claim against the State for time unjustly served in pretrial incarceration in a county jail. Provides that the Court of Claims shall award $50,000 per year during which the person was wrongfully imprisoned and shall prorate that amount for a fraction of a year that the person was wrongfully imprisoned (rather than "the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150"). Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination and an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Makes corresponding changes. Effective immediately. Fiscal Note (Court of Claims) House Bill 87 could have a cost to the State of Illinois, however no dollar estimate can be given. Under the current statute, award amounts for innocent individuals that were incarcerated are in three tiers, with maximum payouts based on the length of incarceration. The tiers are eliminated by this amendment, allowing payment of $50,000.00 per year of incarceration. It is not possible to forecast the number of future innocence claims that may be received by the Court of Claims, nor the lengths of incarceration or circumstances surrounding any individual future claim. The Court received approximately 50 certificates in fiscal year 2020 and, to date, over 70 certificates in fiscal year 2021.

Creates the Conditions of Homeless Shelters in Illinois Act. Establishes the Conditions of Homeless Shelters in Illinois Commission. Provides that the Commission shall advise the Governor and the General Assembly on policy issues concerning health conditions in homeless shelters in this State with specified goals. Provides for membership of the Commission. Provides for qualifications for Commission appointees. Provides for member terms. Provides that members shall serve without compensation. Provides that the Office of the Governor shall provide administrative and technical support to the Commission. Provides for meetings of the Commission. Provides for reports of the Commission.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department.

Amends the Medical Patient Rights Act. Requires that, during the pendency of a proclamation issued by the Governor under the Illinois Emergency Management Agency Act declaring that a public health-related emergency exists, a health professional: shall permit people eligible for critical or intensive care services to remain eligible regardless of a patient's age or disability; shall provide individual patient assessments based on the best available objective medical evidence; shall not deny a patient's care based on stereotypes, assessments of a patient's quality of life, or assessments related to disability or other identity factor; and shall not make decisions on health care resources based on age, ancestry, color, creed, disability, domestic partnership or civil union status, ethnicity, gender identity or expression, health insurance status, marital status, national origin, nationality, place of residence, race, sex, sexual orientation, or socioeconomic status if the characteristics are not relevant to the patient's medical diagnosis and treatment. Defines "health professional". Effective immediately.

Amends the PFAS Reduction Act. Provides that the Agency shall establish a take back program for local fire departments and fire protection districts that use and store firefighting foam identified as having added perfluoroalkyl or polyfluoroalkyl substances, otherwise known as PFAs. Provides that the program will be available to those fire departments or fire districts who have participated in the annual survey under the Act. Provides that the program shall provide funding and resources to assure the proper destruction of these products, however not require the participation of any fire department or fire protection district.