Rep. Carol Ammons

Amends the Code of Criminal Procedure of 1963. Provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. Provides that, upon receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. Provides that the court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.

Amends the Code of Civil Procedure. Provides that anything said or done during or in preparation for a restorative justice practice or as a follow-up to that practice, or the fact that the practice has been planned or convened, is privileged and cannot be referred to, used, or admitted in any civil, criminal, juvenile, or administrative proceeding unless the privilege is waived, during the proceeding or in writing, by the party or parties protected by the privilege. Provides that the legitimacy of a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. Provides that the privilege does not apply when: (1) disclosure is necessary to prevent death, great bodily harm, or the commission of a crime; (2) necessary to comply with another law; or (3) a court, tribunal, or administrative body requires a report on a restorative justice practice, but such report shall be limited to the fact that a practice has taken place, an opinion regarding the success of the practice, and whether further restorative justice practices are expected. Effective immediately.

Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of the amendatory Act shall be presumed to be inadmissible as evidence in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer, juvenile officer, or other public official or employee, knowingly engages in deception. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency. House Floor Amendment No. 1 Further amends the Juvenile Court Act of 1987. In a provision concerning the prohibition of deceptive tactics, provides that the presumption of inadmissibility of a confession of a minor, who at the time of the commission of the offense was under 18 years of age (rather than by a suspect), at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Further amends the Code of Criminal Procedure of 1963 to make a conforming change.

Amends the Children and Family Services Act. Requires the Department of Children and Family Services to ensure that every youth in care who is entering his or her final year of high school has completed a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid on or after October 1, but no later than November 1, of the youth's final year of high school. Requires the Department to assist a youth in care in identifying and obtaining all documents necessary to complete a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid.

Amends the Illinois Vehicle Code. Provides that a driver's license or registration and nonresident's operating privilege that is suspended for failure to deposit security shall remain suspended until the statute of limitations has expired and the person seeking reinstatement provides evidence that, during the statute of limitations period, no action for damages arising out of a motor vehicle accident has been properly filed. Provides that the security shall be applicable only to the payment of a judgment, rendered against the person on whose behalf the deposit was made, for damages arising out of the accident in question, in an action at law, begun not later than the later of (i) the expiration of the relevant statute of limitations or (ii) 2 years after the date of any default in any payment under an installment agreement for payment of damages (rather than begun not later than 2 years after the later of (i) the date the driver's license and registration were suspended following the accident or (ii) the date of any default in any payment under an installment agreement for payment of damages). Makes a conforming change.

Creates the Housing is Recovery Pilot Program Act. Creates the Housing is Recovery Pilot Program within the Department of Human Services, Division of Mental Health. Provides that the Program shall provide bridge rental subsidies for individuals at high risk of unnecessary institutionalization and individuals at high risk of overdose for purposes of stabilizing their mental illness or substance abuse disorder. Provides criteria for the award, computation, and payment of bridge rental subsidies. Sets forth the responsibilities of persons receiving bridge rental subsidies. Provides for the identification and referral to the Program of persons eligible to receive bridge rental subsidies prior to their discharge from a hospital or release from a correctional facility. Provides standards for housing service providers, long-term housing, and temporary rental units. Provides that the Department will contract with an independent outside research organization to evaluate the Program's effectiveness, and shall report the results of the evaluation to the General Assembly after 5 years. Provides rulemaking authority. Defines terms. Effective immediately. House Committee Amendment No. 1 Provides that the Housing is Recovery pilot program is established subject to appropriation. Changes the definition of "serious mental illness". Defines "serious mental illness" as meeting both the diagnostic and functioning criteria consistent with the definition of Serious Mental Illness in the most current edition of the Illinois Department of Human Services/Division of Mental Health Community Mental Health Provider Manual.

Amends the Children and Family Services Act. In provisions requiring the Department of Children and Family Services to submit annual reports to the General Assembly concerning youth in care who are awaiting placement or psychiatric hospitalization (rather than placement), provides that the reports are to be submitted no later than December 31 of each year (rather than on December 31 of each year through December 31, 2023). Requires the reports to be posted on the Department's website and to include specified information, including: (i) the number of youth in care placed in out-of-state residential treatment facilities, whether each youth was referred to any in-state programs for placement and, if so, the number of in-state referrals for each youth prior to referring the youth to out-of-state programs; (ii) the number of youth not in the temporary custody or guardianship of the Department who are the subjects of open child protection cases, intact family cases, or any other types of child welfare case, including, but not limited to, those youth for whom the Department is required to make medical assistance payments because they were hospitalized in inpatient psychiatric hospitals or units and were beyond medical necessity during the Department's involvement with the case; and (iii) the number of youth in care who remain in emergency rooms for longer than 24 hours waiting for admission to a psychiatric hospital bed. Effective immediately.

Amends the Intergenerational Poverty Act. Provides that the Commission on Poverty Elimination and Economic Security shall have 2 members of the judiciary (rather than a member of the judiciary or a designee) who shall be appointed by the Chief Justice of the Illinois Supreme Court. Effective immediately.

Amends the Roadside Memorial Act. Provides that on and after July 1, 2021, a DUI memorial marker shall bear the message "Don't Drive Under the Influence" (rather than "Please Don't Drink and Drive"). Effective immediately. House Committee Amendment No. 1 Adds reference to: 605 ILCS 125/5 605 ILCS 125/23.1 625 ILCS 70/20 Replaces everything after the enacting clause with the contents of the introduced bill, and makes the following changes: Provides that a fatal accident memorial marker shall consist of a white on blue panel bearing the message "Reckless Driving Costs Lives" if the victim or victims died as a proximate result of a crash caused by a driver who committed an act of reckless homicide. Provides that all other fatal accident memorial markers shall consist of a white on blue panel bearing the message "Drive With Care". Makes changes to the purpose of the Act and intentions of the fatal accident memorial marker program. Amends the DUI Prevention and Education Commission Act. Provides that, starting in 2021 and continuing every year after, the cash balance in the Roadside Memorial Fund on June 30 shall be transferred to the DUI Prevention and Education Fund as soon as practical. Effective immediately.

Creates the Higher Education Fair Admissions Act. Provides that a public institution of higher education may not require applicants who are residents of Illinois to submit standardized college admissions test scores to the institution as a part of the admissions process. Provides that the submission of standardized test scores to the institution shall be at the option of the applicant. Requires the adoption of a policy. Effective January 1, 2022.