Rep. Barbara Hernandez

Amends the Code of Criminal Procedure of 1963. Provides that a no-knock search warrant shall not be issued when the only offense alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use. Provides that when an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer; (3) In counties of 90,000 or more inhabitants, be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice; (4) wear and activate a body-worn camera as required by the use of force in execution of a search warrant when entering a premises for the purpose of enforcing the law; (5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed; (6) be prohibited from pointing firearms at individuals under 18 years old, unless there is clear and present danger to the officer or another person; and (7) knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a minimum of 30 seconds of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this provision does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by the law enforcement officers executing the search. Makes other changes.

Creates the Workplace Extreme Temperature Safety Act. Provides that the Director of Labor shall adopt rules to establish excessive heat and excessive cold standards. Sets forth temporary excessive heat and excessive cold standards. Provides that, on or before January 1, 2026, the Director shall establish by rule an occupational temperature-related illness and injury prevention plan. Sets forth provisions concerning retaliation; violations; penalties; and enforcement of the Act.

Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission shall allow commercial relocators to recover towing permit fees or vehicle release fees that are lawfully adopted by a unit of local government and imposed by a law enforcement agency as a necessary administrative fee in order to effectuate an existing relocator program in the unit of local government where the law enforcement agency and relocator operate. Allows the Commission to set the maximum amount of towing permit fees or vehicle release fees that a commercial relocator may recover.

Creates the Ground-Based Sparkler Purchaser Excise Tax Act. Imposes a tax, beginning July 1, 2025, upon purchasers for the privilege of using ground-based sparklers and not for the purpose of resale at the rate of 6% of the purchase price of ground-based sparklers. Prohibits certain retail combinations or bundles. Requires every retailer required to collect the tax to apply to the Department of Revenue for a certificate of registration. Provides that any retailer required to collect the tax shall be liable to the Department for the tax, whether the tax has been collected, and any such tax shall constitute a debt to the State. Provides for the making of returns. Provides that from the revenue collected, the Department shall pay 25% into the Fireman's Annuity and Benefit Fund, 25% into the Firefighters' Pension Investment Fund, and 50% into the General Revenue Fund. Provides for recordkeeping requirements. Establishes penalties for violations of the Act. Provides that the Department shall have full power to administer and enforce the Act. Allows for the arrest of any person who violates the Act, the search of any place of business to inspect all ground-based sparklers, and the seizure of any ground based-sparklers without a warrant. Sets forth hearing requirements after seizure. Allows the Department to adopt rules. Amends the Fireworks Regulation Act of Illinois. Allows a municipality to prohibit the sale and use of ground-based sparklers on public property. Prohibits ground-based sparklers from being sold to a person under the age of 18 years. Amends the Pyrotechnic Use Act. Prohibits ground-based sparklers from being sold to a person under the age of 18 years. Effective July 1, 2025.

Amends the Common Interest Community Association Act. Requires a common interest association to conduct and update a reserve study every 5 years. "Reserve study" means an analysis of the reserves required for future major maintenance, repairs, and replacements of the common elements. Grants a 5-year window for an association to conduct a reserve study or update a current study. Requires a reserve study to be made available to any prospective purchaser of a unit upon request for a resale of any unit in the community. Exempts an association with 15 or fewer units but still requires the board to comply with the budgeting and reserve requirements elsewhere in the Act. Amends the Condominium Property Act to make similar changes.

Amends the Substance Use Disorder Act. Requires the Department of Human Services to establish a mechanism to collect research and data regarding overdose prevention sites (OPSs) and prepare a report for the General Assembly within 12 months after the effective date of the amendatory Act. Provides that the report shall contain information on (1) current research on the effectiveness of an OPS as an overdose prevention strategy; (2) OPS best practices for staffing, placement, and activities; and (3) the benefits and challenges of different OPS models - structures and settings. Requires the Department, in collaboration with people with lived experience, to develop a pilot service, subject to available funding, aimed at saving the lives of people who use substances that shall include the establishment of at least one OPS. Requires the pilot OPSs to offer people, who are most likely to use drugs in public, unobserved, high-risk, and unsanitary locations, a safe space to use pre-obtained substances and connect to community supports or other existing treatment and recovery programs, harm reduction services, and health care. Contains provisions concerning certain principles pilot OPSs must abide by; OPS staffing and location requirements; pilot OPS services; and other matters. Permits the Department to approve an entity to operate a pilot program in one or more jurisdictions. Grants criminal and civil immunity to persons who use pilot OPSs services; pilot OPS staff; and any real property owner upon which the OPS site is located or operates. Contains provisions on public awareness outreach; OPS reporting requirements; home rule exemption; and other matters. Effective immediately.

Amends the Bill of Rights for the Homeless Act. Prohibits the State or a unit of local government from creating or enforcing policies or ordinances imposing fines or criminal penalties against people experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property. Provides exceptions to maintain access to property or address risks to public health and safety. Creates a necessity defense for charges alleging violation of laws criminalizing life-sustaining activities while the individual was experiencing unsheltered homelessness. Defines terms. Limits the exercise of concurrent home rule powers.

Maddy summaryHB 2083 makes a technical amendment to the Legislative Commission Reorganization Act of 1984. It specifically revises a section concerning the short title of that act.

Maddy summaryHB 4171 amends the Sports Wagering Act to remove the ability of local governments, known as home rule units, to regulate, license, or tax sports wagering activities within their jurisdictions. This means that local municipalities can no longer impose their own rules or fees on sports betting operations. The bill centralizes the authority over sports wagering at the state level. It is effective immediately upon becoming law.

Amends the Toll Highway Act. Provides that the Illinois State Toll Highway Authority has the power to establish a special pay supplement for those positions of employment that require that a person employed in that position speak or write a language other than English. Provides that such paid positions may be eligible for a bilingual pay supplement to attract bilingual individuals, to encourage present employees to become proficient in languages other than English, or to retain qualified bilingual employees. Provides that a bilingual pay supplement shall be processed within 30 calendar days after the employee presents to the Authority a certification from either the designated testing program process selected by the Authority or a State community college confirming that language skill proficiency in reading, writing, and speaking has been satisfied by the employee.