Rep. Kam Buckner

Amends the Rights of Crime Victims and Witnesses Act. Provides that the crime victim has the right to register with the Prisoner Review Board's victim registry. Provides that the crime victim has the right to submit a victim impact statement to the Board for consideration at hearings as provided in the Open Parole Hearings Act or at an executive clemency hearing. Provides that victim impact statements received by the Board shall be confidential and shall not be discoverable in litigation. Amends the Open Parole Hearings Act. Provides that unless otherwise provides, the Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person that contains any information from the victim who has provided a victim impact statement to the Board, unless provided with a waiver from the victim. Provides that the Board shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system. Provides that victim impact statements received by the Board shall be confidential and shall not be discoverable in litigation. Makes conforming changes in the Unified Code of Corrections. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that victim impact statements received by the Prisoner Review Board shall be confidential and privileged (rather than confidential and not discoverable in litigation). Provides that the written report of the Board's recommendations to the Governor shall be privileged (rather than not discoverable in litigation). Makes conforming changes. Senate Committee Amendment No. 1 Deletes reference to: 730 ILCS 105/35 Adds reference to: 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9 730 ILCS 5/5-4.5-115 730 ILCS 5/5-4.5-20 730 ILCS 5/5-4.5-25 730 ILCS 5/5-4.5-30 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 105/10 from Ch. 38, par. 1660 730 ILCS 105/25 from Ch. 38, par. 1675 730 ILCS 105/35 rep. Provides that the victim of the crime for which the prisoner has been sentenced has the right to register with the Prisoner Review Board's victim registry. Provides that victims registered with the Board shall receive reasonable written notice not less than 30 days prior to the parole hearing or target aftercare release date. The victim has the right to submit a victim statement for consideration by the Prisoner Review Board or the Department of Juvenile Justice in writing, on film, videotape, or other electronic means, or in the form of a recording prior to the parole hearing or target aftercare release date, or in person at the parole hearing or aftercare release protest hearing, or by calling the toll-free number established by the Board. Provides that victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of the amendatory Act, except if the statement was an oral statement made by the victim at a hearing open to the public. Provides that the Board shall receive and consider victim statements. Provides that the written report to the Governor by the Board following an executive clemency hearing shall be confidential and privileged, including any reports made prior to the effective date of the amendatory Act. Makes technical changes in the Unified Code of Corrections concerning cross references to provisions concerning parole review of persons under the age of 21 at the time of the commission of an offense. Repeals a provision of the Open Parole Hearings Act concerning victim impact statements.

Amends the School Code. Provides that every public elementary school shall include in its 6th, 7th, or 8th grade curriculum, beginning with the 2019-2020 school year, at least one semester of civics education; specifies course content requirements and requires the education to be in accordance with Illinois Learning Standards for social science. Allows school districts to consult with civics education stakeholders, as deemed appropriate by the State Board of Education. Allows school districts to utilize private funding available for the purposes of offering civics education. Effective July 1, 2019. House Committee Amendment No. 1 Provides that, beginning with the 2020-2021 school year (rather than the 2019-2020 school year), every public elementary school shall include in its 6th, 7th, or 8th grade curriculum at least one semester of civics education. Changes the effective date of the Act to July 1, 2020 (rather than July 1, 2019).

Creates the Limited Cooperative Association Act. Authorizes the organization of a limited cooperative association, as an entity distinct from its members, for any lawful purpose, whether or not for profit. Provides that a limited cooperative association may be a collective worker cooperative in which there is only one class of members consisting of worker-members who manage all of the affairs of the limited cooperative association or a worker cooperative or employment cooperative that includes a class of worker-members who are natural persons whose patronage consists of labor contributed to or other work performed for the limited cooperative association. Contains provisions regarding: findings; formation; articles of organization; organization; bylaws; members; community investors; voting; a board of directors; an assembly; dissolution; conversion; and applicability of securities laws. Amends the Co-operative Act and the Illinois Securities Law of 1953 to make conforming changes. Effective immediately. House Committee Amendment No. 1 Changes the short title of the new Act to the Limited Worker Cooperative Association Act. Authorizes the establishment of limited worker cooperative associations rather than limited cooperative associations. Eliminates patron members as a form of membership. Provides for multi-stakeholder cooperatives. Changes the effective date to January 1, 2020.

Amends the Probate Act of 1975. Provides that a person convicted of assault, aggravated assault, battery, or aggravated battery of an elderly person shall not receive any property, benefit, or other interest by reason of the death of that elderly person.

Amends the Diversifying Higher Education Faculty in Illinois Act. Provides that the Program Board created to administer the grant program authorized by the Act shall be comprised of 11 (rather than 21) members. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 110 ILCS 930/3 Adds reference to: 105 ILCS 5/22-85 new Replaces everything after the enacting clause. Amends the School Code. Provides that, beginning with the 2020-2021 school year, in addition to any other requirements under the Code, as a prerequisite to receiving a high school diploma, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must (i) file a Free Application for Federal Student Aid with the United States Department of Education or, if applicable, an application for State financial aid or (ii) on a form created by the State Board of Education, file a waiver with the student's school district indicating that the parent or guardian or, if applicable, the student understands what the Free Application for Federal Student Aid and application for State financial aid are and has chosen not to file an application. Provides that a school district must require each high school student to comply with the requirements and must provide to each student and, if applicable, his or her parent or guardian any support or assistance necessary for compliance. Provides that a school district must award a high school diploma to a student who is unable to meet the requirements due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under the Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver. Allows the State Board to adopt rules.

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 2 Deletes reference to: 625 ILCS 5/1-100 Adds reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that a person shall not sell or offer at auction salvage vehicles to a nonresident individual or business in the United States unless the nonresident is licensed in another state or jurisdiction, provides a National Motor Vehicle Title Information System (NMVTIS) number, a social security number or federal employment identification number, and resale tax certificate, if applicable. Provides that a person in the State shall not sell or offer at auction salvage vehicles to an out-of-country buyer unless the out-of-country buyer is licensed in its jurisdiction as a recycler or rebuilder and provides a foreign license number, passport, or other form of identification issued by the foreign jurisdiction. Provides that an out-of-country buyer who provides a business address not within the sovereign boundaries of the United States shall receive a title stamped with the designation of "export only" at the point of sale. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that no person in the State shall sell at auction a salvage vehicle to a nonresident individual or business licensed in the United States unless the nonresident, in addition to being licensed in another state or jurisdiction, provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, federal employer identification number, or government-issued driver's license or passport. Provides that a person in the State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity. Provides that an out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT". House Floor Amendment No. 1 Deletes reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Adds reference to: 30 ILCS 105/5.891 new 625 ILCS 5/11-709 from Ch. 95 1/2, par. 11-709 625 ILCS 5/11-907 from Ch. 95 1/2, par. 11-907 625 ILCS 5/11-907.5 705 ILCS 135/15-70 720 ILCS 5/9-3 from Ch. 38, par. 9-3 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1 730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2 730 ILCS 5/5-5-3.2 Replaces everything after the enacting clause. Dedicates the Act to the memory of Lieutenant Scott Gillen, Trooper Brooke Jones-Story, and Trooper Christopher Lambert. Amends the State Finance Act. Creates the Scott's Law Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code. Provides that, when approaching a stationary authorized emergency vehicle, if changing lanes would be impossible or unsafe, a person shall proceed with due caution, reduce the speed of the vehicle maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that, when approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled vehicle, if possible with due regard to safety and traffic conditions, or, if changing lanes would be impossible or unsafe proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that a person who violates provisions prescribing how to safely approach an authorized emergency vehicle commits a business offense punishable by a minimum fine of $250 and not more than $10,000 for the first violation and a fine of not less than $750 or more than $10,000 for the second or subsequent violation (instead of a fine of not less than $100 or more than $10,000), and (i) if the violation results in damage to another vehicle, the person commits a Class A misdemeanor; and (ii) if the violation results in the injury or death of another person, the person commits a Class 4 felony. Provides that commission of the offense of reckless homicide while committing a violation of the Section concerning proper approach of a stationary authorized emergency vehicle shall be afforded as a factor in aggravation and extended-term sentencing. Provides that the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of the Section concerning proper approach of a stationary authorized emergency vehicle, and for other law enforcement purposes the Director deems necessary for such efforts. Provides that, for violations issued by a county or municipal police officer, the assessment shall be deposited into the county or municipality's Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. Provides that the county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. Amends the Criminal and Traffic Assessment Act. Imposes a conditional assessment of $250 for a violation of provisions prescribing how to safely approach an authorized emergency vehicle. Amends the Criminal Code of 2012. Provides that a person who commits reckless homicide while violating provisions prescribing how to safely approach an authorized emergency vehicle shall be sentenced to a term of not less than 3 years and not more than 14 years, or, if the person caused the deaths of 2 or more persons, not less than 6 years and not more than 28 years. Makes other changes. Amends the Unified Code of Corrections. Provides that a person charged with violating provisions prescribing how to safely approach an authorized emergency vehicle is not eligible for supervision.

Amends the Personnel Code. Provides that the Department of Central Management Services is not required to verify positions within the Department of Juvenile Justice requiring licensure by the State Board of Education under the School Code. Amends the Criminal Identification Act. Makes a technical change concerning the sealing of records. Amends the Juvenile Court Act of 1987. Provides that if a minor committed to the Department of Juvenile Justice and who resides in the State is charged under the criminal laws of this State, the criminal laws of any other state, or the federal jurisdiction with similar penalties with an offense that could result in a sentence of imprisonment within the Department of Corrections, another state's department of corrections, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice and all rights and duties created by that commitment are automatically suspended pending final disposition of the criminal charge. Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice shall include in its report to the Governor and General Assembly staff-to-youth ratios in accordance with the federal Prison Rape Elimination Act definitions. Makes other changes. House Floor Amendment No. 1 Provides that the Department of Central Management Services is not required to verify the license, endorsement, or both, of individuals seeking positions within the Department of Juvenile Justice requiring licensure by the State Board of Education. Provides that if, while on aftercare release, a minor committed to the Department of Juvenile Justice who resides in the State is charged under the criminal laws of this State, the criminal laws of any other state, or federal law with an offense that could result in a sentence of imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice and all rights and duties created by that commitment are automatically suspended pending final disposition of the criminal charge. Makes conforming changes.

Amends the Probate Act of 1975. Defines "administrative separation". Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if it finds that the minor has a living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Provides that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent whose parental rights have not been terminated, unless, among other things, the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit. Makes conforming changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 755 ILCS 5/11-10.1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: (1) changes the definition of "administrative separation"; (2) provides that the court lacks jurisdiction to proceed on a petition for the appointment of a guardian or standby guardian of a minor if the minor has a living parent, adoptive parent, or adjudicated parent, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions, unless the parent or parents, due to an administrative separation, are unable to give consent to the appointment in person or by a notarized, written document as evidenced by a sworn affidavit describing the parent's or parents' inability to receive notice or give consent (rather than the parent or parents, in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent); (3) deletes language providing that a parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent, adoptive parent, or adjudicated parent whose whereabouts are known, and who is willing to carry out day-to-day child care decisions unless the parent or parents in the event of an administrative separation, are not presently located in the United States and are unable to consent as evidenced by a sworn affidavit describing the present location of the parent out of the country and the attempts made to contact the parent; (4) provides that a short-term guardian who was appointed as the result of an administrative separation may renew a short-term guardianship for an additional 365 days from the date the initial appointment expires if the administrative separation is still in effect, unless the written instrument provides for the appointment to terminate upon a different date or event; (5) deletes language providing that the petition for guardian or standby guardian of a minor must state the facts concerning any administrative separation proceeding; (6) provides specific facts that the petition for guardian or standby guardian of a minor must include and that documentation related to an administrative separation shall be attached to the petition as an exhibit; and (7) deletes language providing that failure to give notice to any relative or parent out of the country is not jurisdictional if the petitioner can attest to specific factors. Makes conforming changes. Effective immediately.

Amends the Illinois Public Aid Code. Requires the Department of Human Services to establish a Restaurant Meals Program to permit individuals who are elderly, persons with a disability, and homeless individuals to redeem their Supplemental Nutrition Assistance Program benefits at private establishments that contract with the Department to offer meals for eligible SNAP recipients at concessional prices. Requires the Restaurant Meals Program to be operational no later than January 1, 2020. Requires the Department to adopt rules. Effective immediately.

Creates the Youth Homelessness Prevention Subcommittee Act. Requires the Governor's Cabinet on Children and Youth to create the Youth Homelessness Prevention Subcommittee to drive the State's strategic vision for preventing homelessness among youth leaving State systems of care. Sets forth the Subcommittee's duties including: (1) reviewing the discharge planning, services plans, and discharge procedures for youth leaving the custody or guardianship of the Department of Children and Family Services, the Department of Juvenile Justice, the Department of Human Services' Division of Mental Health, and the Department of Corrections to determine whether such discharge planning and procedures ensure housing stability for youth leaving State systems of care; and (2) collecting data on the housing stability of youth for one year after they are released from State custody or guardianship. Provides that the Subcommittee shall include specified members, including: (i) one representative from the Governor's office; (ii) 4 representatives from agencies serving homeless youth; and (iii) 4 youth who have a lived experience with homelessness. Contains provisions concerning a quorum, administrative support, subcommittee meetings, and reporting requirements.