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. House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/116-2.2 new Adds reference to: 725 ILCS 5/123 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. Provides that, upon receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. Provides that the court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon. Senate Committee Amendment No. 4 Deletes reference to: 725 ILCS 5/123 new Adds reference to: 725 ILCS 5/116-4 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning preservation of evidence for forensic testing. Senate Floor Amendment No. 5 Deletes reference to: 725 ILCS 5/116-4 Adds reference to: 5 ILCS 315/14 from Ch. 48, par. 1614 20 ILCS 2610/17c 20 ILCS 5165/4-10 20 ILCS 5165/4-15 50 ILCS 705/7 from Ch. 85, par. 507 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/10.6 50 ILCS 705/10.17 50 ILCS 706/10-15 50 ILCS 706/10-20 50 ILCS 709/5-12 55 ILCS 5/3-6041 55 ILCS 5/3-15003.8 65 ILCS 5/11-5.1-2 65 ILCS 5/1-2-12.1 rep. 720 ILCS 5/7-5 from Ch. 38, par. 7-5 720 ILCS 5/7-5.5 720 ILCS 5/7-15 720 ILCS 5/7-16 720 ILCS 5/31-1 from Ch. 38, par. 31-1 720 ILCS 5/33-9 725 ILCS 5/103-3 from Ch. 38, par. 103-3 725 ILCS 5/108-8 from Ch. 38, par. 108-8 725 ILCS 5/110-5 from Ch. 38, par. 110-5 725 ILCS 5/110-5.1 rep. 725 ILCS 5/110-6.3 rep. 725 ILCS 5/110-6.5 rep. 725 ILCS 5/110-7 rep. 725 ILCS 5/110-8 rep. 725 ILCS 5/110-9 rep. 725 ILCS 5/110-13 rep. 725 ILCS 5/110-14 rep. 725 ILCS 5/110-15 rep. 725 ILCS 5/110-16 rep. 725 ILCS 5/110-17 rep. 725 ILCS 5/110-18 rep. 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/3-6-7.3 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4 730 ILCS 125/17.7 730 ILCS 210/3-5 Replaces everything after the enacting clause. Amends the State Police Act. In a provision concerning the military equipment surplus program, changes the definition of "grenade launcher" and "tracked armored vehicle". Amends the Task Force on Constitutional Rights and Remedies Act. In a provision concerning task force members, deletes language providing for the responsibility of appointing a chairperson. Amends the Illinois Police Training Act. Provides that all mandated training will be provided for at no cost to the employees, and that employees shall be paid for all time spent attending mandated training. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that officer-worn body cameras may be turned off when the officer is inside a correctional facility or courthouse which is equipped with a functioning camera system. Provides that a law enforcement officer shall not have access to or review his or her body-worn camera recordings, the body-worn camera recordings of another officer, or any other recordings prior to completing incident reports or other documentation under specified circumstances. Provides that notwithstanding provisions of the Illinois Freedom of Information Act, a law enforcement agency receiving a complaint made against a law enforcement officer will provide an opportunity for the complainant to view the available recordings from a body worn camera system pertaining to the incident as soon as practical and prior to the complainant finalizing their complaint, if so requested by the complainant. Amends the Uniform Crime Reporting Act. Defines a "mental health crisis". Amends the Counties Code. Makes changes to a provision concerning the military equipment surplus program. Amends the Criminal Code of 2012. Provides that a peace officer is not justified in using force likely to cause death or great bodily harm when there is no longer an immediate threat of great bodily harm to the officer or another. In a provision concerning prohibited use of force by a peace officer, provides that "chokehold" does not include any holding involving contact with the neck that is not intended to reduce the intake of air. Places restrictions on the use of chemical agents or irritants. In a provision concerning the duty to intervene, replaces a reference to a person acting on behalf of a peace officer with a reference to a person acting under the color of law. Amends the Code of Criminal Procedure. Amends the Unified Code of Corrections. Makes changes in a provision concerning rules and regulations for sentence credit concerning participation in certain programs, assignments, and activities. Makes changes in a provision concerning committed person post-partum recovery requirements. Makes changes in a provision concerning mandatory supervised release. Amends the Reporting of Deaths in Custody Act. Makes changes in a provision concerning the report of deaths of persons in custody in correctional institutions. Delays the effective date of various provisions changed by Public Act 101-652. Makes other changes. Contains a severability clause. Effective immediately.
Sponsored bills
Creates the Illinois Good Food Purchasing Policy Task Force to study the current procurement of food within the State and explore how Good Food Purchasing can be implemented to maximize the procurement of healthy foods that are sustainably, locally, and equitably sourced. House Floor Amendment No. 2 Adds a member to the Task Force.
Urges the U.S. Congress to take action in passing the necessary legislation to advance the human rights and protections of the immigrant community in the United States.
Urges Congress to adopt an affirmative right to vote and condemns voter suppression efforts across the United States.
Declares May 28, 2021 as Menstrual Hygiene Day in the State of Illinois.
Proposes to amend the Bill of Rights Article of the Illinois Constitution. Provides that employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. Provides that no law shall be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and work place safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment. Provides that these provisions are controlling over home rule powers. Effective upon being declared adopted.
Commends the National Mexican Museum of Art for its contributions to Mexican-American Culture and community.
Urges federal and other state lawmakers to enact policies to preserve the health, safety, and well-being of women during the COVID-19 Pandemic.
Creates the COVID-19 Federal Emergency Rental Assistance Program Act. Contains provisions for: the Federal Emergency Rental Assistance program; accessibility and transparency; process for further prioritizing applicants for financial assistance and housing stability services; and required notifications and correspondence. Amends the Code of Civil Procedure. Makes changes concerning the sealing of court files. Provides that certain new provisions concerning sealing of court files in a residential eviction action apply until August 1, 2022. Contains provisions for: the sealing of a court file in a residential eviction action; emergency sealing of a court file in a residential eviction action during the COVID-19 emergency and economic recovery period; and a temporary COVID-19 stay of certain foreclosure proceedings and filings. Makes corresponding changes to a provision regarding demand for rent and eviction actions. Makes corresponding changes in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately. House Committee Amendment No. 1 Changes the definition of "administering State agency" to any agency or department of the State that is eligible to receive a direct federal allocation of federal Emergency Rental Assistance funds that will disburse funds and administer all or a portion of the Federal Emergency Rental Assistance Program. Deletes the definition of "recipient" or "program recipient". Provides that any State agency administering the program shall provide rental assistance (rather than "program recipients with relief payments") in an amount based on stated need rather than on a flat or fixed amount. Provides that the administering State agency shall make any joint program application forms available. Deletes language requiring the administering State agency to make program application forms for utility providers available. Fiscal Note (Dept. of Human Services) The source for the Rental Assistance Program is federal and pending the final determination of the agency responsible for implementing the Covid-19 Federal Emergency Rental Assistance Program, The Department of Human Services does not anticipate a significant fiscal impact to the department to carry out the duties required by HB 2877. Fiscal Note, House Committee Amendment No. 1 (Dept. of Human Services) The source for the Rental Assistance Program is federal and pending the final determination of the agency responsible for implementing the Covid-19 Federal Emergency Rental Assistance Program, The Department of Human Services does not anticipate a significant fiscal impact to the department to carry out the duties required by HB 2877 House Amendment 1. Housing Affordability Impact Note (Housing Development Authority) The Illinois Housing Development Authority does not anticipate any State fiscal impact because funding used is all federal funds. Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority) The Illinois Housing Development Authority does not anticipate any State fiscal impact because funding used is all federal funds.
Urges policy decisions of State agencies and the Illinois General Assembly to align with the goal of preventing, reducing, and ultimately eliminating, the use of restraint and seclusion with children and adolescents.