Rep. Will Davis

Amends the Unified Code of Corrections. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment or probation or conditional discharge of 2 years or more, the court may sentence the offender to probation or conditional discharge or other non-imprisonment sentence it deems appropriate instead of to a sentence of imprisonment or to a lesser sentence of imprisonment, probation, or conditional discharge than the minimum sentence of imprisonment, probation, or conditional discharge provided for the offense if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that the court must state on the record its reasons for not imposing the minimum sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that if the defendant has been charged with an offense involving the use, possession, or discharge of a firearm, the court may not deviate from a mandatory minimum sentence or probation or conditional discharge requirement, unless it is the recommendation of a presentence investigation and there is clear articulable evidence that the defendant is not a threat to the public safety. Provides that an offender convicted of a sex offense or an offense involving the infliction of great bodily harm may not be sentenced to a lesser term of imprisonment, probation, or conditional discharge. House Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment or probation or conditional discharge of 2 years or more, the court may instead sentence the offender to a lesser term of imprisonment, probation, or conditional discharge it deems appropriate if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that an offender convicted of a sex offense, robbery offense, or a crime of violence as defined in the Crime Victims Compensation Act (rather than an offense involving the infliction of great bodily harm) may not be sentenced to a lesser term of imprisonment, probation, or conditional discharge under the provision. House Floor Amendment No. 4 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing probation, conditional discharge, or a lesser term of imprisonment. Provides that the court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.

Amends the Pedestrians with Disabilities Safety Act. Provides that the Governor is authorized and requested to discuss the history of persons with disabilities in the State and to discuss any violation of the Act or other laws protecting persons with disabilities in his requested yearly proclamation taking public notice of Pedestrians with Disabilities Safety Day. Provides that the proclamation, if issued, shall be displayed on the Governor's website and may be distributed by the Governor on social media.

Amends the Illinois Criminal Justice Information Act. Requires the Authority to produce a monthly Pretrial Order Report, Pretrial Bail Proceeds Report, and Pretrial Custody and Release Report. Specifies requirements for these reports. Provides that the Authority shall post each county's monthly Pretrial Order Report, Pretrial Custody and Release Report, and Pretrial Bail Proceeds Report on the Authority's website on a monthly basis and those reports shall remain on the website for at least 5 years after being posted. Amends the Counties Code and the Clerk of Courts Act to require certain reporting requirements. Amends the Criminal Code of 2012. Changes violation of bail bond to violation of conditions of pre-trial release. Amends the Code of Criminal Procedure of 1963. Abolishes monetary bail under the Code, except under the Uniform Criminal Extradition Act. Provides for considerations for granting and denying pre-trial release. Provides that a person arrested with or without a warrant on an offense for which pre-trial release may not be denied shall, except as otherwise provided, be released by the officer without appearing before a judge. Provides that the court may use a regularly validated risk assessment tool to determine conditions of release. Provides that if a risk assessment tool is used, the defendant's counsel shall be provided with the information and scoring system of the risk assessment tool used to arrive at the determination. Makes other changes. Effective immediately.

Creates the Certified Professional Midwives Practice Act. Provides for the licensure of midwives by the Department of Financial and Professional Regulation and for certain limitations on the activities of licensed midwives. Creates the Illinois Midwifery Board. Sets forth provisions concerning application, qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2031. Amends the Illinois Insurance Code, the Medical Practice Act of 1987, the Nurse Practice Act, and the Illinois Public Aid Code to make related changes.

Urges that violence be labeled as a disease and treated as a public health crisis.

Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance for which the statutory penalty has been subsequently reduced or altered may petition the trial court that entered the judgment of conviction to request resentencing or dismissal in accordance with the statutory penalty in effect at the time of the filing of the petition. Provides that upon verified petition for resentencing by the defendant, the trial court that entered the judgment of conviction in a defendant's case may order resentencing at any time after 30 days have passed following the imposition of a sentence under a guilty verdict or a finding of guilt for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance provided: (1) the State's Attorney or other prosecuting attorney is given at least 30-day notice of the filing of the petition seeking resentencing; (2) the statutory penalty for the offense for which the defendant was found guilty or convicted, since his or her plea of guilty or conviction, has been subsequently reduced or altered in a manner that includes, but is not limited to: (A) reducing the minimum or maximum sentence for the offense; (B) granting the court more discretion over the range of penalties available for the offense; or (C) changing the penalties associated with the offense or conduct underlying the offense in any way.

Creates the Higher Education Supplier Diversity Act. Provides that every private institution of higher education approved by the Illinois Student Assistance Commission for the purposes of the Monetary Award Program shall submit a report on its voluntary supplier diversity program to the Department of Commerce and Economic Opportunity. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Creates the Office of Diversity and Economic Inclusion within the Department of Commerce and Economic Opportunity to assist diverse businesses through targeted programs, matchmaking workshops, resources, and outreach and promotional activities. Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. Repeals a provision concerning the higher education supplier diversity report. Amends the Economic Development for a Growing Economy Tax Credit Act. Provides that a taxpayer shall not receive a credit under the Act unless the taxpayer submits a required supplier diversity report. Amends the Illinois Insurance Code. Provides for insurance company supplier diversity reports. Defines terms. Makes other changes. Effective immediately.

Amends the Financially Distressed City Law of the Illinois Municipal Code. Provides that if a financially distressed city or the city's Financial Advisory Authority is awarded a State grant, any moneys the financially distressed city or Authority would be required to match under the grant are waived unless the moneys under the grant come from federal moneys that require the match. Provides that the entity awarding a State grant shall not consider a municipality's status as a financially distressed city in awarding a State grant. Effective immediately.

Creates the Police Department Nonlethal Force Policy Act. Provides that the Illinois State Police, Secretary of State Police Department, and each mass transit district police force, university police force, county sheriff's office, and municipal police department of this State shall develop a plan or strategy for the use of nonlethal force on a person suspected of committing or having committed a criminal offense or resisting arrest. The plan or strategy shall include the use of new technologies and alternatives to the use of firearms in apprehending a suspect or in protecting the officer from harm by a suspect.

Amends the Property Tax Code. Provides that any taxing district that has an aggregate property tax levy of more than $5,000,000 for the applicable levy year shall make a good faith effort to collect and electronically publish data from all vendors and subcontractors doing business with the taxing district as to whether the vendor or subcontractor is a minority-owned, women-owned, or veteran-owned business or whether the vendor or subcontractor is a small business. Preempts the concurrent exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.