Rep. Lisa Hernandez

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.

Appropriates $8,000,000 from the General Revenue Fund to the Office of the State Treasurer for the Illinois Higher Education Savings Program. Effective July 1, 2022.

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 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.

Amends the School Code. Exempts from contract bidding requirements contracts for goods, services, or management in the operation of a school's food service, including a school that participates in any of the United States Department of Agriculture's child nutrition programs. Effective immediately.

Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall provide each managed care organization with the quarterly fee-for-service facility-specific nursing component (rather than facility-specific RUG-IV nursing component) per diem along with any add-ons for enhanced care services, support component per diem, and capital component per diem effective for each nursing home under contract with the managed care organization. Provides that no managed care contract shall provide for a level of reimbursement lower than the fee-for-service rate in effect for the facility at the time service is rendered. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 305 ILCS 5/5F-35 Adds reference to: 305 ILCS 5/5-4 from Ch. 23, par. 5-4 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning the amount and nature of medical assistance.

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful sale of public conveyance travel tickets to a minor. House Floor Amendment No. 3 Deletes reference to: 720 ILCS 5/10-8 Adds reference to: 5 ILCS 140/7.5 20 ILCS 3930/7.10 new 605 ILCS 140/5 Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Provides that the Illinois Criminal Justice Information Authority shall establish a pilot program to award $100 to any individual who supplies video or audio footage from the individual's residential security camera that materially contributes to a criminal conviction. Provides that the Authority shall distribute the award to the law enforcement agency investigating or the State's Attorney investigating the crime, who shall pay the individual directly. Provides that, to be eligible for an award under the pilot program, the State's Attorney that prosecuted the offender must certify to the Office of the Attorney General that (i) the individual supplied video or audio footage from the individual's residential security camera and (ii) the video or audio footage supplied by the individual contributed to the criminal conviction of an offender. Provides that the pilot program shall terminate after a total of $1,000,000 has been awarded under the pilot program. Amends the Expressway Camera Act. Adds the State highway system in the counties of Boone, Bureau, Champaign, DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle, Macon, Madison, McHenry, Morgan, Peoria, Rock Island, Sangamon, St. Clair, Will, and Winnebago to the Act. Provides that images from the cameras may also be used in the investigation of any forcible felony, to detect highway conditions, and to facilitate highway safety and incident management. Provides that images from the cameras may be used by any law enforcement agency conducting an active law enforcement investigation. Provides that images from the cameras are exempt from disclosure under the Freedom of Information Act. Provides that all images and footage from the cameras must be deleted within 180 days, unless the images or footage is relevant to an ongoing investigation or pending criminal trial. Provides that cameras shall not be used to monitor individuals or groups in a discriminatory manner contrary to applicable State or federal law. Provides that each law enforcement agency shall report statistics to the Illinois Criminal Justice Information Authority and that no later than June 30, 2023, the Illinois Criminal Justice Information Authority shall issue a report concerning the instances in which camera-captured information lead to a successful conviction. Makes changes concerning funding for the program. Authorizes the Attorney General or local State's Attorney to prosecute certain offenses. Makes other changes. Effective immediately.

Amends the Illinois Pension Code. Makes a technical change in a Section concerning downstate firefighters.

Amends the Illinois Income Tax Act. Provides for a credit against withholding taxes in an amount equal to the wages or salary paid by a private employer to an Illinois employee while the employee is on organ donation leave if the employer grants all of its employees the option of taking a paid leave of absence of at least 30 days for the purpose of serving as an organ donor or bone marrow donor. Provides that the credit may not exceed $1,000 for each employee who takes organ donation leave. Provides that such a leave of absence must be taken without loss of pay, vacation time, compensatory time, personal days, or sick time for at least the first 30 days of the leave of absence. Provides that the credit applies for reporting periods beginning on or after January 1, 2021. Effective immediately.