Rep. Patrick Windhorst

Amends the Administration Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to develop, post, and maintain on its official website a comprehensive informational guide that explains the Medicaid 5-year look-back period as it applies to eligibility for long-term care coverage under the medical assistance program. Provides that the informational guide must be posted within 6 months after the effective date of the amendatory Act. Provides that the contents of the informational guide must include a detailed explanation of the 5-year look-back period, including its purpose and relevance to eligibility for medical assistance; clear information on how the 5-year look-back period affects eligibility criteria, including income and asset requirements; step-by-step guidance on how the 5-year look-back period is calculated, including the start date and end date considerations; explanation of the consequences and implications of transfers or gifts made during the 5-year look-back period; information on exceptions and exemptions to the 5-year look-back period, clarifying circumstances where certain transfers or assets may not be subject to scrutiny; guidance on the documentation individuals may need to provide or maintain to demonstrate compliance with the 5-year look-back period; tips and considerations for individuals and families on how to plan for eligibility for medical assistance, taking into account the 5-year look-back period; information on the process for appeals and dispute resolution related to decisions made based on the 5-year look-back period; and other matters. Provides that to ensure user-friendly navigation and visibility, the Department shall post on the main page of its official website detailed information on how users can easily access the comprehensive guide on the website and a hyperlink that directs users to the comprehensive guide. Requires the Department to develop and implement strategies and initiatives to promote awareness and utilization of the guide, including outreach efforts through community organizations, healthcare providers, and other relevant channels.

Amends the Coal Mining Act. Provides for State mine rescue stations that are maintained by the Department of Natural Resources for the sole purpose of responding to and preparing for emergencies in the coal mines of Illinois. Provides that recovery operations that are intended solely for the purpose of securing property are not covered under a provision concerning State mine rescue services. Provides that additional mine rescue services for the purpose of securing property are the responsibility of the operator of the property. Provides that mine rescue teams shall be based out of each State mine rescue station to serve the Illinois coal industry as either a primary or secondary responder. Provides that every coal producing mine in the State must assign its mine rescue team or mine complex rescue team to a State mine rescue station and must compensate these employees at their regular rate of pay. Provides that the Mining Board shall establish training requirements for mine rescue teams and mine complex rescue teams. Provides that coal producing mines that maintain a mine rescue station are exempt from providing a mine rescue team or mine complex rescue team to serve the State mine rescue station if certain conditions are met. Sets forth provisions concerning the Department providing suitably located sites for State mine rescue stations; supervision of State mine rescue operations; definitions; and mine rescue teams.

Amends the Criminal Identification Act. Provides that, in anticipation of the successful completion of a diversion program, a petitioner may file a petition for expungement at least 61 days before the anticipated dismissal of the case. Provides that, if a petition is filed, and upon the successful completion of the diversion program and dismissal of the case, the court shall review the petition and shall grant expungement if the petitioner meets all requirements. Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act to make conforming changes.

Amends the Illinois Governmental Ethics Act. In a provision involving ethical principles for legislators in the event of a conflict situation, defines "conflict situation" as any circumstance that (i) involves a legislator, the legislator's immediate family, or a business in which the legislator or the legislator's immediate family holds a direct or indirect economic interest, (ii) is related to a specific matter pending before the legislator, and (iii) may result in a private pecuniary benefit to the legislator, the legislator's immediate family, or one or more businesses in which the legislator is involved.

Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the short title.

Amends the Emergency Telephone System Act. Provides that an Emergency Telephone System Board shall include the county sheriff or the sheriff's designee and at least 2 (rather than 3) representatives of the 9-1-1 public safety agencies other than the sheriff's office.

Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that a licensed cosmetology teacher who submits to the Department of Financial and Professional Regulation an application for licensure as a barber teacher must meet all requirements of the Act for licensure as a barber teacher, except that an applicant who has at least 3 years of experience as a licensed cosmetology teacher shall be given credit for hours of instruction completed for his or her cosmetology teacher license in subjects that are common to both barbering and cosmetology in the supplemental barber course. Provides that a licensed barber teacher who submits to the Department an application for licensure as a cosmetology teacher must meet all requirements of the Act for licensure as a cosmetology teacher, except that an applicant who has at least 3 years of experience as a licensed barber teacher shall be given credit for hours of instruction completed for his or her barber teacher license in subjects that are common to both barbering and cosmetology in the supplemental cosmetology course. Provides that a licensed esthetician teacher or licensed nail technician teacher who submits to the Department an application for licensure as a cosmetology teacher must meet all requirements of the Act for licensure as a cosmetology teacher, except that an applicant who has at least 3 years of experience as an esthetician teacher or licensed nail technician teacher shall be given credit for hours of instruction completed for his or her esthetician teacher or nail technician teacher license in subjects that are common to both esthetics or nail technology and cosmetology. Provides that the Department shall provide for the implementation of these provisions by rule.

Amends the Criminal Code of 2012. In the definition of "conviction", provides that "conviction" means a judgment of conviction and sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury (rather than a judgment of conviction or sentence). Provides that if judgment is withheld, the plea, verdict, or finding of guilty is not a conviction under Illinois law unless and until judgment is entered. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that for the first-time offender provisions of those Acts, a sentence under those provisions shall not be considered a conviction under Illinois law unless and until judgment is entered for a violation of the terms of the probation. Provides that a sentence (rather than discharge and dismissal) is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime unless and until judgment is entered. Amends the Unified Code of Corrections. Makes the same changes with respect to the Second Chance Probation Program and the First Time Weapon Offense Program.

Amends the Illinois Vehicle Code. Requires that upon approaching an emergency scene, a stationary authorized emergency vehicle, or a construction or maintenance area or zone, a person who drives a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision and leaving a safe distance until safely past the stationary authorized emergency vehicle, or construction or maintenance area or zone. Provides that if changing lanes would be impossible or unsafe, proceeding with due caution, reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision, or until safely past the construction or maintenance area or zone.

Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.