Rep. Will Guzzardi

Creates the Securing All Futures for Equitable Reinvestment in Communities Act. Provides legislative intent. Creates the Securing All Futures for Equitable Reinvestment Tax Credit Pilot Program Act. Provides that an applicant that hires certain formerly incarcerated individuals during the incentive period may apply for a tax credit against the applicant's withholding tax liability. Provides that the savings from the changes made to the Unified Code of Corrections shall be deposited into the Securing All Futures for Equitable Reinvestment (SAFER) Communities Fund for the purpose of funding the program. Amends the Unified Code of Corrections to reduce the sentencing ranges for all classes of felonies, and to remove minimum sentences for Class 4 felonies and Class A and Class B misdemeanors. Provides that the provisions of the Act apply to offenses committed before the effective date of this Act, and to offenses committed on or after the effective date of this amendatory Act. Provides for resentencing of currently incarcerated persons based on these changes. Effective immediately. Fiscal Note (Dept. of Revenue) Although the bill limits the credit to $1.5 billion over its 6-year life, the Department is unable to provide a fiscal impact estimate for House Bill 3215 because the legislation, as introduced, contains multiple drafting ambiguities, errors, and incomplete definitions. For example, the bill defines "participant" to mean, in part, a full-time employee who was formerly incarcerated between January 1, 2009 and December 31, 2019. The bill, however, provides later that the credit is limited to 10,000 participants "newly released" from prison and 10,000 participants that were released between January 1, 2009 and December 31, 2019. Additionally, the bill provides the credit amount awarded is to be between $10,000 and $15,000 each year per participant hired. The bill further provides a list of criteria to be considered in determining the amount of the credit, but no guidance is provided as to how that list of criteria computes to a given credit amount. These problems, among others in the bill as introduced, prevent the Department from making adequately precise determinations of who qualifies for the credit and of how to calculate the credit.

Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (1) an order of misdemeanor diversion under the Unified Code of Corrections, and the diversion program was successfully completed by the petitioner; or (2) a conviction for possession of certain specified amounts of a controlled substance; (3) a conviction for possessing less than 5 grams of methamphetamine; or (4) a conviction where the statutory penalty changed as a result of a resentencing hearing under the Code of Criminal Procedure of 1963. Amends the Illinois Controlled Substances Act. Changes the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver, or possession of a controlled substance. Amends the Methamphetamine Control and Community Protection Act. Changes the penalties for methamphetamine delivery or possession. Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence, including a sentence of probation, for an offense for which the statutory penalty has been subsequently reduced under the amendatory Act to petition the trial court that entered the judgment of conviction to request resentencing in accordance with the statutory penalty in effect at the time of the filing of the petition. Amends the Unified Code of Corrections to create a Misdemeanor Diversion Program. Fiscal Note (Admin Office of the Illinois Courts) HB3447 amends the Criminal Identification Act regarding expungements. Based on a review of the bill, it has been determined that the proposed legislation would have no fiscal impact on the state appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.

Amends the Election Code. Allows the State Board of Elections to receive voter registration information provided by applicants using electronic voter registration portals (rather than the Board's website). Provides that, notwithstanding any other provision of law, a person who is otherwise qualified to vote may preregister to vote on or after that person's 16th birthday, with the registration held in abeyance by the appropriate election authority until that individual attains the required age to vote. Requires preregistration to be completed using the online voter registration system or an electronic voter registration portal. Provides that, for the purposes of the Code, an individual who is 16 years of age or older (rather than who is 17 years of age and who will be 18 years of age on the date of the general or consolidated election) shall be deemed competent to execute and attest to any voter registration forms.

Amends the Unified Code of Corrections. Provides that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder or who received a minimum sentence of 20 years or more under the law in effect prior to February 1, 1978 shall be determined by a majority vote of the members of the Prisoner Review Board present and voting at the hearing in which the determination is made (rather than a majority vote of the Prisoner Review Board). Provides that within 15 days after the parole interview, the State's Attorney shall provide the attorney for the person eligible for parole with a copy of his or her letter in opposition to parole via certified mail. Provides that each party may respond to the other's written submissions made at the parole hearing within 5 business days of the en banc hearing. Provides that the Prisoner Review Board may, after denying parole, schedule a rehearing no later than 2 (rather than 5) years from the date of the parole denial, if the Board finds that it is not reasonable to expect that parole would be granted at a hearing prior to the scheduled rehearing date.

Amends the Wrongful Death Act. Allows for the recovery of punitive damages in a wrongful death action.

Repeals the Parental Notice of Abortion Act of 1995. Makes corresponding changes in the Counties Code, the Medical Practice Act of 1987, and the Consent by Minors to Health Care Services Act. Effective immediately.

Creates the Extremely High Wealth Mark-to-Market Tax Act. Contains provisions concerning gains or losses of assets for individual taxpayers with net assets worth $50,000,000 or more. Effective immediately.

Amends the School Code. Provides for dyslexia screening guidelines and rules. Requires the State Board of Education to employ at least 5 dyslexia specialists or dyslexia therapists with a minimum of 5 years of field experience in screening, identifying, and treating dyslexia and related disorders to provide technical assistance and training. Provides that, beginning with the 2022-2023 school year, each school district must screen students in grades kindergarten through second (and in higher grades under certain circumstances) for the risk factors of dyslexia using a universal screener approved by the State Board. Sets forth what the screening must include. Provides for additional screening for a student who is determined to be at risk, or at some risk, for dyslexia to determine if a student has the characteristics of dyslexia. Requires the use of a multi-tiered system of support framework if screening indicates that a student has some risk factors for dyslexia or has the characteristics of dyslexia. Sets forth provisions concerning exceptions to screening, dyslexia intervention services, and reporting. Effective July 1, 2022.

Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act shall provide coverage for aesthetic services and restorative care provided for the treatment of physical injuries to victims of domestic violence when medically necessary as determined by a physician licensed to practice medicine in all its branches. Defines "domestic violence". Makes a conforming change in the Medical Assistance Article of the Illinois Public Aid Code.

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.