Rep. Mary Flowers

Appropriates $26,000,000 to the State Board of Education for the purpose of providing a grant to City of Chicago School District 299 to employ individuals licensed as school nurses to provide health care-related services to students in the district and to eliminate any contracts with outside entities entered into to provide nurses for the district’s schools. Effective July 1, 2021.

Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission in its annual submission of recommendations to the Governor and General Assembly shall include recommendations regarding the inclusion of emerging adults into a developmentally appropriate justice system, reducing recidivism, and preventing deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides in the Article concerning delinquent minors that on and after January 1, 2022, "delinquent minor" includes a minor who prior to his or her 19th birthday has violated or attempted to violate, regardless of where the act occurred, a federal law or State law, or county or municipal ordinance and the law or ordinance is classified as a misdemeanor offense. Provides that on and after January 1, 2024, "delinquent minor" includes a minor who prior to his or her 21st birthday has violated or attempted to violate, regardless of where the act occurred, a federal law or State law or county or municipal ordinance and the law or ordinance is classified as a misdemeanor offense. Provides that the changes made by the amendatory Act apply to violations or attempted violations committed on or after the effective date of the amendatory Act. House Floor Amendment No. 2 Raises the age in which a minor may be prosecuted as an adult for misdemeanor offenses from 18 to 19 years of age beginning January 1, 2023. Deletes provision that beginning January 1, 2024, the minimum age in which a minor may be prosecuted as an adult for misdemeanor violations is 21 years of age.

Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training. Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes.

Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning conditions for basic maintenance grants of aid to the aged, blind, or disabled. House Floor Amendment No. 2 Deletes reference to: 305 ILCS 5/3-2 Adds reference to: 210 ILCS 50/3.10 305 ILCS 5/5-4.2 305 ILCS 5/5-30c new Replaces everything after the enacting clause. Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to adjust the Department's criteria for determining the appropriateness of non-emergency transportation by striking any reference to prohibiting approval of ground ambulance services when the sole purpose of the transport is for the navigation of stairs or the assisting or lifting of a patient at a medical facility or during a medical appointment. Provides that it is the intent of the General Assembly to permit ground ambulance reimbursement for lifting, moving, or navigating stairs when a recipient exhibits extenuating circumstances related to the social determinants of health which would make an otherwise non-eligible ground ambulance transport eligible for reimbursement. Provides that such extenuating circumstances may be established through the completion of a Physician Certification Statement. Requires the Department to establish a methodology for providing reimbursement for: (i) bariatric transports at an amount of one additional base rate for each additional 2 personnel necessary to safely move the patient; and (ii) specialty care transports to include transports originating or terminating at a residence and for intra-facility transports. Provides that, to increase access to non-emergency transportation services, the Department shall increase the base rate for medi-car and stretcher van services to at least $50, and the rate of each attendant for medi-car and stretcher van services to at least $50. Provides that the reimbursement rate shall only apply to stretcher van providers licensed by the Department of Public Health in accordance with the Emergency Medical Services (EMS) Systems Act. Requires the Department of Healthcare and Family Services to establish a grant program for the purpose of building capacity among IMPACT-enrolled and BEP-certified providers of medi-car and stretcher van transportation services. Amends the Emergency Medical Services (EMS) Systems Act. Removes pre-hospital or inter-hospital transportation from the definition of "critical care transport". Effective immediately. House Floor Amendment No. 3 Further amends the Emergency Medical Services (EMS) Systems Act. Changes the definition of "critical care transport" to mean transportation which includes the provision of pre-hospital or inter-hospital emergency care or non-emergency medical services to a critically injured or ill patient by a vehicle service provider, including the provision of medically necessary supplies and services, at a level of service beyond the scope of the Paramedic (rather than the pre-hospital or inter-hospital transportation of a critically injured or ill patient by a vehicle service provider, including the provision of medically necessary supplies and services, at a level of service beyond the scope of the Paramedic).

Amends the State Police Act. Provides that it is not a requirement of a person filing a complaint against a State Police Officer to have a complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a State Police Officer must have the complaint supported by a sworn affidavit). Amends the Uniform Peace Officers' Disciplinary Act. Provides that it is not a requirement of a person filing a complaint against a sworn peace officer to have the complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit). Provides that the provision is a limitation of power on home rule units under the Illinois Constitution.

Amends the Abused and Neglected Child Reporting Act. Provides that a child shall not be considered neglected solely because the child's parent or other person responsible for his or her welfare has a difference of opinion with a medical professional regarding the safety, efficacy, or advisability of various treatment protocols specific to that child. Provides that a child shall not be considered neglected solely because a child's parent or other person responsible for the child's welfare objects to: (i) a recommended vaccination schedule or the dosing schedule for vaccines; (ii) the administration of ophthalmic antibiotics or silver nitrate in newborns; (iii) the administration of, timing of, or route of administration for vitamin K in newborns; or other specified medical care. Provides that requests for minimally invasive diagnostic tests for the child and a diagnosis of or treatment of pediatric acute onset neuropsychiatric syndrome or pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections shall not be considered an indication of neglect. Provides that if a medical professional complies with an objection or request set forth in the amendatory Act by a child's parent or other person responsible for the child's welfare, no liability for any such decision may attach to the medical professional. Amends the Medical Patient Rights Act. Provides that a child's parent or other person responsible for the child's welfare has a right to be free from threats by medical professionals to refer a child to protective services, unless the medical professional has a good faith basis to believe that the child otherwise meets the definition of an abused child or a neglected child as defined under the Abused and Neglected Child Reporting Act. Requires the Department of Public Health to adopt rules.

Amends the Election Code. Repeals provisions that prohibit a person that is serving a sentence of confinement in any penal institution from voting until his or her release from confinement. Effective January 1, 2022.

Amends the School Code. Provides that for the purposes of calculating paid sick leave for the birth of a child or the adoption or placement for adoption of a child, the days do not have to be taken immediately after the birth of the child or the adoption or placement of the child, the days do not have to be taken consecutively, and the school board may not count any day in which school is not in session, including an extended break.

Amends the Code of Civil Procedure. Provides that any person criminally prosecuted and incarcerated for 30 days or longer prior to trial for one or more felonies by the State which he or she did not commit may file a petition for a certificate of innocence. Provides that the petitioner must prove that: the petitioner was incarcerated prior to trial in a prosecution that resulted in an acquittal or dismissal; the prosecution did not result in a conviction of a lesser included offense; the petitioner is innocent of the charges on which the petitioner's pretrial detention was based, or the charges did not constitute a felony or misdemeanor; and the petitioner did not by his or her own conduct voluntarily cause or bring about the charges that resulted in his or her pretrial incarceration. Amends the Court of Claims Act. Provides that a person who has been issued a certificate of innocence may file a claim against the State for time unjustly served in pretrial incarceration in a county jail. Provides that the Court of Claims 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 (rather than "the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150"). Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination and an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Makes corresponding changes. Effective immediately. Fiscal Note (Court of Claims) House Bill 87 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 incarceration. The tiers are eliminated by this amendment, allowing payment of $50,000.00 per year of incarceration. 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.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall provide educational programs in each of its institutions and facilities for all committed persons. Provides that the Department must allow into each institution and facility of the Department teachers who hold Professional Educator Licenses issued by the State Superintendent of Education under the School Code to teach committed persons. Provides that the Department shall provide vocational training for committed persons in each institution and facility of the Department. Provides that each institution and facility of the Department of Juvenile Justice shall provide educational and vocational training for all persons committed to the Department.