Amends the Criminal Identification Act. Provides that the Illinois State Police and all law enforcement agencies within the State shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probation for any person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that the clerk of the circuit court shall, on the effective date of the amendatory Act, automatically expunge the court records of a person who, on or after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation on the effective date of the amendatory Act. Provides that a person imprisoned solely as a result of one or more convictions for possession or delivery, but not manufacture or production, of cannabis shall be released from incarceration on the effective date of the amendatory Act. Amends the Cannabis Control Act. Repeals the provision prohibiting the possession of cannabis. Modifies the provision prohibiting the delivery or manufacture of cannabis so it applies only to manufacture or production of cannabis. Amends the Cannabis Regulation and Tax Act to make conforming changes. Fiscal Note (Admin Office of the Illinois Courts) HB3085 amends the Criminal Identification Act, requiring automatic expungement of law enforcement and court records related to cannabis convictions on the effective date of the bill. Based on a review of the bill, it is not possible to determine what fiscal impact, if any, the bill would have on state appropriations to the judicial branch or what fiscal impact, if any, the bill would have on local judicial budgets. Fiscal Note (Illinois State Police) House Bill 3085 provides the Illinois State Police shall automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision, or order of qualified probatfon for any person who, onor after January 1, 1970, has been convicted of, or is serving an order of supervision for, possession or delivery, but not manufacture or production, of cannabis whether or not the person has served or is serving his or her sentence for that violation. Automatic expungement outside the judicial process will not allow for the collection of statutory fees, which cover administrative costs. While existing personnel may be used to develop and implement computer programming to carry out the automatic expungement of electronic records, our records unit who-handles physical records would need additional staff. The cost of one office specialist in our records unit is $113,583, which includes personal services and fringe benefits (retirement, social security and insurance). If House Bill 3085 were to become law, we would hire three additional records specialists at a cost of approximately $340,749.
Sponsored bills
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, to address maternal mental health conditions and reduce the incidence of maternal mortality and morbidity and postpartum depression, pregnant women eligible to receive medical assistance shall receive coverage for prenatal and postnatal support services during pregnancy and during the 5-year period beginning on the last day of the pregnancy. Provides that prenatal and postnatal support services covered under the medical assistance program include, but are not limited to, services provided by doulas, lactation counselors, labor assistants, childbirth educators, community mental health centers or behavioral clinics, social workers, and public health nurses as well as any other evidence-based mental health and social care services that are designed to screen, identify, and manage maternal mental disorders. Permits the Department of Healthcare and Family Services to consult with the Department of Human Services and the Department of Public Health to establish a program of services consistent with the purposes of the amendatory Act. Requires the Department of Healthcare and Family Services to apply for any federal waiver or State Plan amendment required to implement the provisions of the amendatory Act. Requires the Department to adopt rules, upon federal approval, on certification or licensing requirements for providers of prenatal and postnatal support services and rules to provide medical assistance reimbursement for such services.
Provides that the amendatory Act may be referred to as the Reproductive Liberty and Dignity Act. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to establish reproductive health clinics meeting specified requirements throughout the State. Amends the Equity and Representation in Health Care Act. Provides that a licensed certified professional midwife is a "health care professional". Provides that a reproductive health clinic established at a nonprofit community health center is a "medical facility". Defines "licensed certified professional midwife". Amends the Birth Center Licensing Act. Makes changes to the definition of "birth center". Amends the Licensed Certified Professional Midwife Practice Act. Provides that a licensed certified professional midwife may provide out-of-hospital care to a childbearing individual who has had a previous cesarean section if it is authorized by the Department of Financial and Professional Regulation. Removes language prohibiting a licensed certified professional midwife from (1) performing an abortion or (2) knowingly accepting responsibility for prenatal or intrapartum care of a client with alcoholism or alcohol abuse or drug addiction or abuse. Amends the Abused and Neglected Child Reporting Act. Removes language providing that "neglected child" means, among other things, any child who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Amends the Medical Patient Rights Act. Makes changes to provisions regarding the rights of women with regard to pregnancy and childbirth. Provides that, notwithstanding any other provision of law, unless specified exceptions exist, a patient has the right for a physician, health care provider, health services corporation, or insurance company to administer specified medical tests without disclosing the results of the test to a law enforcement agency or to the Department of Children and Family Services. Establishes penalties for violating the provisions. Amends the Vital Records Act. Makes changes to provisions regarding certificates of stillbirth.
Appropriates $500,000 to the Capitol Restoration Trust Fund for expenses associated with the acquisition, placement, and maintenance of the statue of the Reverend Dr. Martin Luther King Jr. Effective immediately.
Amends the Criminal Code of 2012. Provides that a person is not accountable for the conduct of another if he or she was subjected to specific and credible coercion, compulsion, duress, or threats. Provides that no offense is excepted from the provision that a person is not guilty of an offense by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. Amends the Code of Civil Procedure. In a provision concerning relief from judgments, changes the allegations a movant must establish when presenting a meritorious claim to: (1) the movant was convicted of a forcible felony; (2) the movant's participation in the offense was related to experiencing or the effects of gender-based violence; and (3) no substantial evidence or incomplete evidence of gender-based violence against the movant was presented at the movant's sentencing hearing. Changes the term "domestic violence" to "gender-based violence". Removes the definition of "intimate partner". Makes corresponding changes. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Criminal Code of 2012, removes language providing that no offense is excepted from the provision that a person is not guilty of an offense by reason of conduct that he or she performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he or she reasonably believes death or great bodily harm will be inflicted upon him or her, or upon his or her spouse or child, if he or she does not perform that conduct. In the Code of Civil Procedure, restores language providing that a movant may present a meritorious claim if the allegations in the petition establish that the evidence of domestic violence or gender-based violence against the movant is material and noncumulative to other evidence offered at the sentencing hearing, and is of such a conclusive character that it would likely change the sentence imposed by the original trial court. Restores the term "domestic violence". Defines "gender-based" violence. Restores the definition of "intimate partner". Makes other changes.
Amends the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987. Restricts a court from making a finding of probable cause to believe that a minor is abused or neglected based only on a parent disclosing that the parent is the victim of domestic violence and the parent is seeking or accessing services for domestic violence. House Floor Amendment No. 2 Adds reference to: 705 ILCS 405/2-10 from Ch. 37, par. 802-10 Replaces everything after the enacting clause with the provisions of the introduced bill with the following change. Provides that the court may not enter an order to place the minor in shelter care, commit the minor to the Department of Children and Family Services, or otherwise remove the minor from the minor's home based on only a disclosure by the minor's parent, guardian, or custodian that the minor's parent, guardian, or custodian is (i) a victim of domestic violence, (ii) seeking or accessing services for domestic violence, and (iii) not living in the same home as the perpetrator of the domestic violence.
Amends the Illinois Public Aid Code. Provides that, on and after January 1, 2022, no recipient of medical assistance shall be required to enroll or transition to the State's managed care medical assistance program. Provides that any recipient enrolled in a managed care health plan on January 1, 2022 shall be given the option to disenroll from the State's managed care medical assistance program and receive coverage under the State's fee-for-service program. Provides that on and after January 1, 2022, the Department of Healthcare and Family Services shall not enter into any new contract or agreement with a managed care organization (MCO) to provide services where payment for medical services is made on a capitated basis. Provides that the Department shall not renew, renter, renegotiate, change orders, or amend any contract or agreement it entered into with an MCO that was solicited under a specified request for proposals. Provides that any recipient who is enrolled in a managed care health plan administered by an MCO that entered a contract with the Department under a specified request for proposals shall be transitioned to the State's fee-for-service program upon the expiration of the MCO's contract with the Department. Requires the Department to establish, by rule, an appeals and grievance process that includes: an expedited internal review of an appeal involving an adverse determination; a final adverse determination; and a standard external review. Requires the Department to notify a recipient in writing of the recipient's right to request an external review. Repeals a provision concerning procurement requirements for MCO contracts.
Amends the 2-1-1 Service Act. Requires the lead entity contracted by the Department of Human Services to administer the 2-1-1 services system to designate and approve a public or nonprofit agency or other organization to provide 2-1-1 services within the geographical area of Cook County. Requires the lead entity to provide grants to the approved 2-1-1 service provider to: (1) design, develop, and implement 2-1-1 services for the Cook County service area; (ii) provide and evaluate on an ongoing basis 2-1-1 service delivery to the Cook County service area; and (iii) enable the provision of 2-1-1 services to the Cook County service area on a 24-hours per day, 7 days per week basis.
Amends the Legislative Commission Reorganization Act of 1984. Provides that the Architect of the Capitol is authorized and empowered to secure designs for a statue of the Reverend Dr. Martin Luther King Jr., to be erected on the grounds of the State Capitol Complex. Establishes the Illinois State Capitol Statue and Monument Commission to review and advise the Architect of the Capitol on a design for a statue of the Reverend Dr. Martin Luther King Jr. Provides for membership of the Commission. Provides further requirements concerning Commission meetings, compensation, and administrative support. Provides that the Commission shall be dissolved upon the placement of the statue. Provides that the Architect of the Capitol is authorized and empowered to acquire, erect on the grounds of the State Capitol Complex, and maintain the statue of the Reverend Dr. Martin Luther King Jr. from a design based upon the advice provided by the Illinois State Capitol Statue and Monument Commission. Provides for the placement and unveiling of the statue within a reasonable period of time after the effective date of the amendatory Act, but no later than January 1, 2025. Provides funding for the payment of expenses associated with the placement of the statue from the Capitol Restoration Trust Fund. Repeals provisions on January 1, 2026.
Commends Cook County Board President Toni Preckwinkle on utilizing Cook County's ARPA funds to pay off the medical debts of Cook County residents in order to give those individuals some much needed debt relief.