Rep. Carol Ammons

Amends the Court of Claims Act. Provides that if a person who has been granted a pardon or issued a certificate of innocence establishes that he or she plead guilty due to a forced confession, the Court of Claims shall make an award of $50,000 per year the person was wrongfully imprisoned and attorney's fees not exceeding 25% of the award granted. Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination of the award and that the court shall include an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Provides that the court shall annually adjust the awards authorized by the new provisions to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. Makes corresponding changes. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Court of Claims Act. Deletes language regarding the amount a court shall award to a person for time unjustly served in prison when the person imprisoned received a pardon on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence. Provides instead that the court 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, including the number of years the person was awaiting trial. Provides that the court shall award attorney's fees in an amount not to exceed 25% of the award granted. Provides that the changes made by the amendatory Act apply to all claims pending or filed on or after the effective date. Fiscal Note (Court of Claims) House Bill 86 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 incareration. Each tier could be affected by this amendment, which allows payment of $50,000.00 per year in cases involving coerced confessions. 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. House Floor Amendment No. 3 Adds an immediate effective date.

Creates the Ballistics Information Act. Provides that, whenever a law enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing is related to or associated with the commission of a crime or the unlawful discharge of a firearm, the law enforcement agency shall, within a 24-hour period, submit the ballistics information to the National Integrated Ballistics Identification Network. Provides that, whenever a law enforcement agency seizes or recovers a semiautomatic firearm that is deemed suitable to be entered into the National Integrated Ballistics Identification Network system that was: unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, is reasonably believed to have been used or associated with the commission of a crime, or is acquired by the law enforcement agency as an abandoned or discarded firearm, the law enforcement agency shall arrange for every such firearm to be test fired within 24 hours and the results of that test firing to be submitted to the National Integrated Ballistics Identification Network to determine whether the firearm is associated with or related to a crime, criminal event, or any individual associated with or related to a crime or criminal event or reasonably believed to be associated with or related to a crime or criminal event.

Urges the Governor to refund the Business Interruption Grants (BIG) program in the next budget. Urges federal rulemakers to allow states to use up to 11% of COVID-19 relief money for small business aid.

Amends the General Assembly Operations Act. Provides that no person may serve more than 10 consecutive years in any of the following leadership roles: Speaker of the House of Representatives, President of the Senate, Minority Leader of the House of Representatives, and Minority Leader of the Senate. Provides that the limitations imposed by the amendatory Act apply to service beginning on and after the second Wednesday in January of 2023.

Creates the Vacancy Fraud Act. Allows a taxing body or representative of a taxing body to file a vacancy fraud complaint with the county board of review if property is receiving vacancy relief and the property owner is not actively attempting to lease, sell, or alter the property. Sets forth factors in determining whether or not vacancy fraud has occurred. Sets forth penalties. Effective immediately.

Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board, police training schools approved by the Board, law enforcement agencies, and units of local government may not initiate, administer, or conduct training programs that include warrior-style training, either directly or through a third party. Provides that the Board may not reimburse a law enforcement agency or unit of local government for any portion of training programs that include warrior-style training. Provides that law enforcement agencies and units of local government may not indemnify or otherwise provide liability protection for a peace officer for liability arising from the use of tactics derived from warrior-style training. Defines "warrior-style" training. Preempts home rule. Amends the Department of State Police Law of the Civil Administrative Code of Illinois to make conforming changes.

Amends the Unified Code of Corrections. Provides that no less than 30 days before the issuance of a warrant of arrest for nonpayment of a fine or an installment of a fine, a notice shall be mailed to the offender by first class mail to the most recent address which the offender has provided to the court. Provides that the notice shall contain the following information: (1) the amount of the fine which is due and owing; (2) the docket number of the case in which the fine was assessed; (3) the due date for payment of the fine; (4) instructions as to how payment of the fine may be made; (5) an explanation that willful refusal to pay the fine may result in imprisonment; and (6) instructions as to how the offender may request a hearing to present evidence that the offender did not willfully refuse to pay the fine, and that failure to pay was the result of the offender's inability to pay the fine. House Floor Amendment No. 3 Adds reference to: 625 ILCS 5/6-308 Amends the Illinois Vehicle Code. Provides that for purposes of a provision concerning procedures for traffic violations, a violation shall be deemed resolved if the person has appeared in court and the court entered any final disposition, including: (i) a final order regarding the person's guilt or innocence; or (ii) an order granting a request by the State or local governmental body that initiated the charges for permission not to prosecute the charges. Further amends the Unified Code of Corrections. Provides that if the prosecutor shows that default was due to an intentional refusal to pay, and due to a failure on the offender's part to make a good faith effort to pay, rather than the offender demonstrating the absence of these factors, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense. Adds an immediate effective date to the bill.

Amends the Hospital Licensing Act. Requires hospitals that receive a property tax exemption under a provision of the Property Tax Code concerning exemptions related to access to hospital and health care services by low-income and underserved individuals to post the hospital's charity care policy and the contact information of a financial counselor in a reasonably viewable area in the hospital's emergency room.

Amends the Probate Act of 1975. Removes language providing that a person who has been convicted of a felony is not qualified to act as an executor or an administrator.

Creates the End Youth Solitary Confinement Act. Provides that the use of room confinement of a person under 21 years of age at a juvenile or correctional facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including the juvenile, is prohibited. Provides that if a covered juvenile poses a serious and immediate risk of physical harm to any individual, including the juvenile, before a staff member of the facility places a covered juvenile in room confinement, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Establishes procedures for placing a covered juvenile in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others. Provides that each facility detaining covered juveniles shall report the use of each incident of room confinement to the Attorney General each month. Defines "covered juvenile". House Floor Amendment No. 1 Deletes a reference to the Department of Corrections. Provides that the reporting agency for certain provisions shall be an independent ombudsperson for the Department of Juvenile Justice, rather than the Attorney General. House Floor Amendment No. 2 Provides that "confinement" does not include medical isolation or quarantine. House Floor Amendment No. 3 Defines "administrative hold", "behavioral hold", "chief administrative officer", "confinement", and "investigative status". Provides that a covered juvenile may be placed on an administrative hold and confined when temporarily being housed in a particular covered juvenile center or for administrative or security purposes as personally determined by the chief administrative officer. Provides that placement on administrative hold shall be subject to the following time limitations: (1) when the covered juvenile is awaiting transfer to the Department of Corrections or a more secure setting, the administrative hold may not exceed 3 business days; and (2) the administrative hold may not exceed 7 calendar days when the covered juvenile is temporarily transferred to a different facility for the purposes of placement interviews, court appearances, or medical treatment. Provides that whenever a covered juvenile is on an administrative hold, the Department of Juvenile Justice, Department of Corrections, or county or municipality holding the covered juvenile shall provide the covered juvenile with access to the same programs and services received by covered juveniles in the general population. Provides that any restrictions on movement or access to programs and services shall be documented and justified by the chief administrative officer. House Floor Amendment No. 4 Defines "covered juvenile" as any person under 18 (rather than 21) years of age incarcerated in a correctional facility, jail, or detention facility of any kind operated by the Department of Corrections, the Department of Juvenile Justice, a county, or a municipality. House Floor Amendment No. 5 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, as amended by House Amendments Nos. 1, 3, and 4. Specifies that "confinement" does not include medical isolation or quarantine.