Rep. Kelly Cassidy

Amends the Code of Criminal Procedure of 1963. Adds a Diversion of Unfit Misdemeanants Article to the Code. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diversion program only upon the approval of the court. Provides that the Illinois Supreme Court or any circuit court of the State may adopt rules establishing unfit misdemeanant diversion programs consistent with the Article. Provides that the court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall reasonably assure his or her safety and that of the public and his or her continued participation in treatment. Provides that if, following this screening, the State and the defendant agree to the diversion and the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with prejudice. Provides that if the court does not approve, the court shall order a fitness examination and the matter shall be governed by any other relevant provisions of the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of the defendant and available resources. Treatment programs shall comply with all relevant statutes and rules. Requires the Department of Human Services to provide care to persons determined to be subject to involuntary admission on an inpatient basis as defined in the Mental Health and Developmental Disabilities Code or may make arrangements with any other appropriate inpatient mental health facility to provide those services. Makes conforming changes in the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the Act may be referred to as the Diversion of Unfit Misdemeanants Act.

Amends the School Code. Provides that the State Board of Education shall include in its handbook regarding dyslexia guidelines on the administration of universal screeners for a risk of reading difficulties and secondary reviews, the interpretation of data from these screeners and reviews, and the resulting appropriate intervention within a multi-tiered system of support framework. Requires the State Board to adopt any rules necessary to ensure that a student will be screened for a risk of reading difficulties using a universal screener. Provides that a student shall be screened: (1) if the student is enrolled in a public school in any of grades kindergarten through 3; (2) if the student is in any of grades kindergarten through 3, transfers to a new public school, and has not been screened twice previously during the school year; (3) if the student is in grade 4 or higher and the student's teacher, parent, or guardian requests that the student be screened for a risk of reading difficulties using a universal screener; or (4) if the student is from another state and enrolls for the first time in any of grades kindergarten through 3 in a school district in the State. Provides that, beginning with the 2025-2026 school year, each school district must screen students, no less than twice each school year, in grades kindergarten through 3 for a risk of reading difficulties using a universal screener approved by the State Board. Provides for intervention. Requires a report to the State Board. Makes other changes. Effective immediately.

Creates the Family Neonatal Intensive Care Leave Act. Provides that an employee of an employer with 16 or more employees and no more than 50 employees shall be entitled to use a maximum of 10 days of unpaid neonatal intensive care leave while any child of the employee is a patient in a neonatal intensive care unit. Provides that an employee of an employer with 51 or more employees shall be entitled to use 20 days of unpaid neonatal intensive care leave while a child of the employee is a patient in a neonatal intensive care unit. Provides that, upon the conclusion of leave taken under the Act, an employee shall be reinstated to his or her former position or a substantially equivalent one with no loss of benefits held or accrued prior to taking leave. Sets forth provisions concerning unlawful employer practices; Department of Labor responsibilities; and enforcement. Amends the State Finance Act to create the Neonatal Intensive Care Leave Fund.

Amends the School Code. Prohibits a child from being denied a free public education through secondary school while in the State based on the child's or associated person's perceived or actual citizenship or immigration status. Prohibits a school from excluding a child, or associated person, from participation in or denying a child, or associated person, the benefits of any program or activity on the grounds of that child's, or associated person's, actual or perceived citizenship or immigration status. Provides that a school must not use criteria, measures, or methods of administration that have the effect of excluding from participation or denying the benefits of any program or activity because of a child's, or associated person's, actual or perceived immigration status. Prohibits a school from threatening to disclose information regarding or relating to the actual or perceived citizenship or immigration status of a child, or associated person, or actually disclosing information based on perceived or unverified citizenship or immigration status, to any other person, entity, or any immigration or law enforcement agency. Provides that a school must not allow an immigration agent to enter a school site or school district facility for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and, to the extent possible, receiving approval from the superintendent of the school district or the principal of the charter school, and their legal counsel. Provides that a school district or school must not detain any individual solely on the basis of any formal or informal request, or immigration detainer or civil immigration warrant from an immigration agent. Requires a school district or school to adopt a policy for complying with the amendatory Act. Allows any party aggrieved by a violation of the provisions to bring a civil lawsuit no later than 2 years after the violation occurred. Provides that if the court finds that a violation has occurred, the court may award to the plaintiff 3 times actual damages or $17,000, whichever is greater. Makes other changes.

Amends the School Code. In provisions concerning identification cards and suicide prevention information, provides that each school district that serves pupils in any of grades 6 through 12 and that issues an identification card to school employees serving any of grades 6 through 12 shall provide on the identification card the same contact information concerning suicide prevention that is required to be provided on a pupil's identification card.

Amends the Epinephrine Injector Act. Defines "authorized individual". Adds references to "authorized individual" in provisions regarding those persons who may provide or administer an epinephrine injector. Requires the issuance of a certificate upon completion of an anaphylaxis training program. Adds provisions regarding good Samaritan protections. Amends the Good Samaritan Act. Limits the liability of authorized individuals who may provide or administer an epinephrine injector.

Amends the Nurse Practice Act. Provides that a certified nurse midwife with full practice authority may enter into a written collaborative agreement with an advanced practice registered nurse. Provides that an advanced practice registered nurse certified as a nurse midwife may enter into a written collaborative agreement with an advanced practice registered nurse with full practice authority who is certified as a nurse midwife or a physician. Provides that, for an advanced practice registered nurse certified as a nurse midwife, the clinical experience shall be in collaboration with a certified nurse midwife with full practice authority. Makes conforming changes in provisions concerning written collaborative agreements, prescriptive authority under a written collaborative agreement, and full practice authority.

Amends the Victims' Economic Security and Safety Act. Provides that every employer covered under the Act shall permit an employee or an employee's family or household member who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence to utilize for personal use an employer-provided electronic device to document or communicate an act of domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or the employee's family or household member. Requires employers to grant an employee who is a victim or alleged victim of domestic violence, sexual violence, gender violence, or any other crime of violence or an employee who has a family or household member who is a victim or alleged victim or domestic violence, sexual violence, gender violence, or any other crime of violence access to any photographs, voice or video recordings, sound recordings, or any other digital documents or communications stored on an employer-provided electronic device issued to the employee whenever such photographs, voice or video recordings, sound recordings, or other digital documents or communications are needed by the employee or the employee's family or household member during a criminal action or proceeding to establish or support an allegation of domestic violence, sexual violence, gender violence, or any other crime of violence. Provides that, if an employee is seriously injured or incapacitated, the employer shall grant access to the described materials to a family or household member of the employee who requests access from the employer and whose interests are not adverse to the employee as it relates to the domestic violence, sexual violence, gender violence, or other crime of violence. Provides that every employer covered by the Act shall post and keep posted, in conspicuous places where employees are employed, a notice, to be prepared or approved by the Director of Labor, explaining these provisions. Effective immediately.

Amends the Student Investment Account Act. Allows the State Treasurer to originate, guarantee, acquire, and service refinance loans; invest in, and enter into contracts with, institutions that provide refinance loans; deposit funds with financial institutions that provide refinance loans; establish specific criteria governing the eligibility of entities to participate in the making of refinance loans; charge and collect premiums for insurance on refinance loans; and deduct from a State employee's salary, wages, commissions, and bonuses the recovery of a refinance loan debt. Removes language allowing the State Treasurer to: enter into income share agreements with participants, facilitate income share agreements between participants and eligible income share agreement providers, and perform other acts as may be necessary or desirable in connection with income share agreements; enter into contracts and guarantee agreements as necessary to operate the Student Investment Account with income share agreement providers or qualified income share agreement organizations; establish specific criteria governing the eligibility of entities to participate in the making of income share agreements; pay income share agreement providers or qualified income share agreement organizations an administrative fee in connection with services provided pursuant to the Student Investment Account; charge and collect premiums for insurance on income share agreements; and deduct from a State employee's salary, wages, commissions, and bonuses the recovery of an income share agreement. Allows (rather than requires) the State Treasurer to establish fees to cover the costs of administration, recordkeeping, marketing, and investment management related to the Student Investment Account. Removes language allowing moneys in the Student Investment Account Assistance Fund to be used to provide assistance to income share agreement participants. Makes conforming changes.

Amends the Sexual Assault Survivors Emergency Treatment Act. Defines "acute sexual assault" as a sexual assault that has recently occurred within a specified time. Replaces various references to "sexual assault" with "acute sexual assault". Deletes the definition of "prepubescent sexual assault survivor". Changes provisions regarding hospitals located in counties with a population of less than 1,000,000 and within a 20-mile radius of a 4-year public university with respect to a sexual assault treatment plan approved by the Department of Public Health. Makes changes in various provisions concerning plans of correction and penalties for hospitals that commit specified violations of the Act. In provisions regarding requirements for medical forensic services, provides that the provisions of the Act are not intended to prohibit a qualified medical provider from offering an Illinois Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital or approved pediatric health care facility with a nonacute complaint of sexual assault if there is a compelling reason for evidence collection, or upon the request of the survivor. In provisions regarding the prohibition on billing sexual assault survivors directly for certain services, changes references to the Office of the Attorney General to references to the Department of Healthcare and Family Services.