Maddy summarySB 851 makes a technical amendment to the Public-Private Partnerships for Transportation Act. It specifically revises a section concerning the short title of the act.
Amends the Children with Disabilities Article of the School Code. With respect to impartial due process hearings, provides that no mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), or the designated representative of a student who is at least 18 years of age prospectively waive a free, appropriate public education or prospectively waive the right to assert claims for the nonimplementation of a free, appropriate public education. Provides that any mediation agreement, resolution agreement, or settlement agreement containing such prospective waivers is unenforceable in an administrative proceeding or in a State or federal court. Effective immediately.
Amends the Counties Code. Provides that a county recorder may not impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant (currently a county recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant in an amount not to exceed $10). Provides that a county recorder may not charge a fee for any copies of records necessary for filing a restrictive covenant modification to an unlawful restrictive covenant.
Creates the Local Government Billing Act. Provides that the corporate authorities of a unit of local government shall bill for any utility service, including previously unbilled service, within 12 months (for residential customers) or 24 months (for non-residential customers) after the provision of the utility service. Provides exceptions to the time limits for billing when the customer prevented the utility from accurately reading the meter. Provides that the corporate authorities shall not intentionally delay billing beyond the normal billing cycle, shall label amounts attributed to previously unbilled service as such, shall prorate previously unbilled service amounts to reflect varying rates during the unbilled time, and shall provide the customer with a payment arrangement option for previously unbilled service amounts. Provides that customers may be billed for unpaid amounts that were billed to a customer before the effective date of the Act for service that was supplied to the customer before January 1, 2026. Provides that customers may be billed for unpaid amounts if the customer was notified that there is an unpaid amount before the effective date of the Act for service that was supplied to the customer before January 1, 2026. Provides that there is no time limit for the corporate authorities of a unit of local government to collect previously unbilled service attributed to tampering, theft of service, fraud, or the customer preventing the utility's recorded efforts to obtain an accurate reading of the meter.
Amends the Sexual Assault Survivors Emergency Treatment Act. Defines "acute sexual assault" as a sexual assault that has recently occurred within a specified time. Replaces various references to "sexual assault" with "acute sexual assault". Deletes the definition of "prepubescent sexual assault survivor". Changes provisions regarding hospitals located in counties with a population of less than 1,000,000 and within a 20-mile radius of a 4-year public university with respect to a sexual assault treatment plan approved by the Department of Public Health. Makes changes in various provisions concerning plans of correction and penalties for hospitals that commit specified violations of the Act. In provisions regarding requirements for medical forensic services, provides that the provisions of the Act are not intended to prohibit a qualified medical provider from offering an Illinois Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital or approved pediatric health care facility with a nonacute complaint of sexual assault if there is a compelling reason for evidence collection, or upon the request of the survivor. In provisions regarding the prohibition on billing sexual assault survivors directly for certain services, changes references to the Office of the Attorney General to references to the Department of Healthcare and Family Services.
Amends the State Universities Article of the Illinois Pension Code. In provisions concerning the determination of the final rate of earnings for Tier 2 members, provides that, for an employee who is paid on an hourly basis or who receives an annual salary in installments during 12 months of each academic year, the average annual earnings is obtained by dividing by 8 the total earnings of the employee during the 96 consecutive months in which the total earnings were the highest within the last 120 months prior to termination or the average annual earnings during the 8 consecutive academic years of service within the 10 years of service prior to termination in which the employee's earnings were the highest, whichever is greater (instead of only the average annual earnings obtained by dividing by 8 the total earnings of the employee during the 96 consecutive months in which the total earnings were the highest within the last 120 months prior to termination). Provides that the changes made by the amendatory Act are corrections and clarifications of existing law and are intended to be retroactive to January 1, 2011 (the effective date of Public Act 96-1490). Effective immediately.
Amends the School Code. Provides that, no Later than July 1, 2026, the State Board of Education shall create educational materials that shall be posted publicly on its website and distributed to all school districts in the State that serve any grades kindergarten through 8 on the implementation of American Sign Language instruction into a school's curriculum. Includes a list of educational materials. Allows the State Board to receive assistance from outside organizations, State agencies, or individuals with expertise in American Sign Language that the State Board deems appropriate to assist with the creation of the education materials.
Amends the Criminal Code of 2012. Changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age. Changes the name of the offense of child pornography to child sexual abuse material. Deletes references to criminal transmission of HIV in various statutes. In the Sex Offenses Article of the Criminal Code of 2012, provides a definition for "unable to give knowing consent" and changes the definition of "family member" to include a sibling and an accused who has resided in the household for at least 3 (rather than 6) months. Provides that a person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older. Provides that a violation of this provision of sexual exploitation of a child is a Class 4 felony. Provides that a defendant, in order to commit grooming, must be 5 years or more older than the groomed child, or hold a position of trust, authority, or supervision in relation to the child at the time of the offense. Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability) involving the use of a facility dog in any criminal proceeding. Makes other changes concerning the admissibility of evidence in cases involving involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons. Amends various Acts to change references from "child pornography" to "child sexual abuse material".
Amends the Illinois Police Training Act. Provides that no law enforcement agency shall make an offer of employment for the position of probationary police officer, probationary part-time police officer, full-time law enforcement officer, or part-time law enforcement officer without requiring the execution of a signed release from the applicant, directing any and all entities that previously employed the individual to produce or make available for inspection all employment records, including background investigation materials collected in connection with making an offer of employment, duty-related physical and psychological fitness-for-duty examinations, work performance records, criminal, civil, or administrative investigations of conduct, arrests, convictions, findings of guilt, pleas of guilty, or pleas of nolo contendere. Provides that, with specified exceptions, all records shall be produced without any redaction and no nondisclosure, separation, or settlement agreement shall prevent the production of these records. Provides that the provisions do not apply to the extent that they would impair an existing collective bargaining agreement. Sets forth provisions concerning: (i) the procedures for requesting employment records; (ii) the deadlines for providing the records; (iii) the penalties for failing to produce the records in accordance with the provisions; and (iv) an example of an acceptable release form. Requires the receipt of a written release for an entity to have immunity for the release of information. Makes other changes to immunity-related provisions. Amends the Sheriff's Merit System Law of the Counties Code. Provides that the county board of any county having a population of at least 75,000 must adopt and implement, by ordinance, the merit system provided by the Sheriff's Merit System Law. Provides that the county board of any county having a population of less than 75,000 (rather than 1,000,000) which does not have a merit board or merit commission for sheriff's personnel may adopt and implement, by ordinance, the merit system provided by the Sheriff's Merit System Law. Makes other and conforming changes.
Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Reorganizes and expands the training overseen by the Division of the Academy and Training. Provides that functions of the Division of Forensic Services include issuing reports for certain drug tests, overseeing training in entering medical and dental information into certain databases, and providing information to local law enforcement agencies about best practices for handling death scene investigations. Requires the Illinois State Police to make a report containing the number of juvenile records that the Illinois State Police received in that quarter (rather than requiring the Illinois State Police to submit the report to the General Assembly). Provides that the Illinois State Police may receive revenue and real and personal property from any legal source, grants, pass-through grants, donations, and lawful appropriations. Requires the Illinois State Police to establish a State Missing Persons Clearinghouse as a resource to promote an immediate and effective community response to missing children. Provides that, beginning January 1, 2026, the Governor shall designate the chair of the Illinois Forensic Science Commission for a 2-year term. Changes references to districts to troops in the Volunteer Firefighting Unit Use Act. Amends the Statewide Organized Gang Database Act. Defines "LEADS" as the Law Enforcement Agencies Data System, which is a statewide communication and processing system that permits law enforcement and criminal justice agencies to have direct access to centralized data. Replaces references to "SWORD" with "LEADS". Makes conforming changes in the Illinois Police Training Act. Replaces "Division of Investigation" with "Division of Criminal Investigation" in the Intergovernmental Drug Laws Enforcement Act and the Illinois Vehicle Code. Makes other changes. Effective January 1, 2026.
