Amends the Illinois Controlled Substances Act. Defines "school" as a preschool, kindergarten, nursery, elementary or secondary educational institution, vocational school, special educational facility, or any other elementary or secondary educational agency.
Amends the Unified Code of Corrections. Provides that the Director of Corrections, in making a determination as to whether an inmate is to be awarded good conduct credit for meritorious service, may consider the inmate's documented conduct either while incarcerated in a Department facility, county jail, house of correction, Department of Juvenile Justice facility, juvenile detention center, or other penal institution or when the inmate was not incarcerated and may make a determination that based on such conduct the inmate's early release poses an elevated risk to public safety. Effective immediately.
Amends the Unified Code of Corrections. Provides that the offense of knowingly manufacturing or delivering heroin, or possessing heroin with intent to manufacture or deliver, is not eligible for probation, conditional discharge, or periodic imprisonment if the amount of the heroin is 3 (rather than over 5) grams or more.
Amends the Code of Criminal Procedure of 1963. Provides that upon the written complaint of a person under oath or affirmation which states facts sufficient to show probable cause to install and use a tracking device, a judge may issue a search warrant to install and use a tracking device. Provides that a tracking device search warrant must identify the person or property to be tracked, designate the judge to whom it must be returned, and specify a reasonable length of time that the device may be used. Provides that the time must not exceed 45 days from the date the tracking device search warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed 45 days each. Provides that the tracking device search warrant must command the officer to complete the installation authorized by the warrant within a specified time no longer than 10 days from the time of issuance of the tracking device search warrant.
Amends the Criminal Code of 1961 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2012. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund.
Amends the Unified Code of Corrections. Provides that the Department of Corrections shall establish uniform procedures for providing timely advance notice of early release of inmates to law enforcement in local jurisdictions and shall submit a report to the General Assembly, by January 1, 2012, of those notice procedures. Provides that the 14-day advance notice of early release of an inmate because of the award of good conduct credit for meritorious service shall be provided to the Governor and sheriff of the county where the prosecution took place. Effective immediately.
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in a case involving a minor child, the court may appoint, only for good cause shown, (instead of appoint) an individual (instead of an attorney) to serve as independent legal counsel for the child or as guardian ad litem. Provides that the guardian ad litem shall testify and (instead of or) submit a written report, which shall be made available before trial, to the court regarding his or her recommendations. Provides that the guardian ad litem shall not communicate with any expert witness or court appointee. Provides that the guardian ad litem shall not file any pleading in the case and shall not attend court hearings unless he or she is expected to testify by the court and all parties. Provides that a child representative shall be an attorney and shall not communicate ex-parte with any expert witness or court appointee. Provides that the court shall enter an order as appropriate for costs, fees, and disbursements when the attorney for the child or the guardian ad litem (instead of attorney, guardian ad litem, or child's representative) is appointed. Provides that the failure to timely submit the required detailed invoice (which may not include a fee for the preparation of the invoice) shall preclude the collection of that invoice. Provides that a guardian ad litem or child representative may be paid at a reasonable rate not to exceed $150 per hour, subject to an annual consumer price index adjustment. Deletes provision prohibiting the court from ordering payment by the Department of Healthcare and Family Services in cases in which the Department is providing child support enforcement services. Deletes provision that states that unless otherwise ordered by the court at the time that the fees and costs are approved, all fees and costs payable to an attorney, guardian ad litem, or child representative under this Section are by implication deemed to be in the nature of support of the child and are within the exceptions to discharge in bankruptcy. Makes other changes.
Amends the Metropolitan Water Reclamation District Act. Provides that any city, village, or incorporated town located in the district shall furnish water to any city, village, township, incorporated town, or other municipal corporation within or outside its boundaries at "a price or charge that reflects the actual cost of service for the city, village, incorporated town, or other municipal corporation". Further provides that the charge for service shall be no greater than the city, village, incorporated town, or municipal corporation charges for consumers within its limits for similar quantities.
Amends the Property Tax Code. In a Section concerning the Senior Citizens Assessment Freeze Homestead Exemption, provides that, if an equalization factor of less than 1 is applied to the property for any taxable year, then the base amount shall be adjusted according to that equalization factor. Effective immediately.
Amends the Drug Asset Forfeiture Procedure Act. Provides that within 15 business days of a seizure, the State's Attorney shall issue a notice to all known interest holders that a forfeiture proceeding, and a right to a preliminary review, shall be instituted in accordance with the Act. Provides that upon written request made by the property owner or interest holder, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. Provides that the notification to the State's Attorney of the property seized and its estimated value shall only be perfected by the delivery of the Illinois State Police approved form 4-64. Effective immediately.
