Rep. Sonya Harper

Creates the Illinois Student Loan Investment Act. Provides for the establishment, operation, and administration of the Student Investment Account by the State Treasurer. Provides that the State Treasurer shall establish fees to cover the costs of administration, recordkeeping, marketing, and investment management related to the Student Investment Account. Provides that the State Treasurer may charge and collect insurance premiums and deduct wages under the Act. Requires the State Treasurer to develop, publish, and implement one or more investment policies covering the investment of moneys under the Act. Provides for the creation and use of specified Funds to be held outside of the State Treasury with the State Treasurer as custodian. Provides for the adoption of rules. Amends the Deposit of State Moneys Act. Allows the State Treasurer to invest or reinvest State money in, among other items or purposes, investments made in accordance with the Student Loan Investment Act. Amends the Student Loan Servicing Rights Act. Provides that the term "student loan servicer" shall not include, among other entities, the State Treasurer and its agents when the agents are acting on the State Treasurer's behalf. Defines terms. Effective immediately. Fiscal Note (Office of the Treasurer) The Treasurer's Office projects that $150,000 will be needed for additional staff and related operational expenses to oversee and implement the Student Loan Investment program, the cost of which is expected to be paid for from the Treasurer's Administrative Fund, which receives revenue from investment earnings. The program should become self-sustaining when investment earnings and administrative fees are earned to cover operational and administration costs. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Creates the Student Investment Account Act (currently, the Student Loan Investment Act). Adds a provision concerning the use of earnings from the Student Investment Account. Modifies provisions concerning the establishment, operation, and administration of the Student Investment Account by the State Treasurer, and adds requirements concerning income share agreements and income share agreement providers. Allows the State Treasurer to enter into income share agreements with participants (currently, borrowers) and to facilitate such arrangements between participants and eligible income share agreement providers (currently, lenders). Provides that the State Treasurer or his or her designee (currently, only State Treasurer) may charge and collect insurance premiums under the Act. Provides for the creation and use of specified Funds as non-appropriated separate and apart trust funds in the State Treasury (currently, Funds to be held outside of the State Treasury with the State Treasurer as custodian). Amends the Student Loan Servicing Rights Act. Provides that the term "student loan servicer" shall not include, among other entities, the State Treasurer (currently, the State Treasurer and its agents when the agents are acting on the State Treasurer's behalf). Modifies and defines terms. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Provides that "student loan servicer" or "servicer" includes persons or entities acting on behalf of the State Treasurer.

Creates the Economic Equity Act. Provides for programs and amends various statutory provisions for the purpose of aiding economically disadvantaged persons and groups. Effective immediately.

Amends the Unified Code of Corrections. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment or probation or conditional discharge of 2 years or more, the court may sentence the offender to probation or conditional discharge or other non-imprisonment sentence it deems appropriate instead of to a sentence of imprisonment or to a lesser sentence of imprisonment, probation, or conditional discharge than the minimum sentence of imprisonment, probation, or conditional discharge provided for the offense if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that the court must state on the record its reasons for not imposing the minimum sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that if the defendant has been charged with an offense involving the use, possession, or discharge of a firearm, the court may not deviate from a mandatory minimum sentence or probation or conditional discharge requirement, unless it is the recommendation of a presentence investigation and there is clear articulable evidence that the defendant is not a threat to the public safety. Provides that an offender convicted of a sex offense or an offense involving the infliction of great bodily harm may not be sentenced to a lesser term of imprisonment, probation, or conditional discharge. House Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment or probation or conditional discharge of 2 years or more, the court may instead sentence the offender to a lesser term of imprisonment, probation, or conditional discharge it deems appropriate if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment, probation, or conditional discharge. Provides that an offender convicted of a sex offense, robbery offense, or a crime of violence as defined in the Crime Victims Compensation Act (rather than an offense involving the infliction of great bodily harm) may not be sentenced to a lesser term of imprisonment, probation, or conditional discharge under the provision. House Floor Amendment No. 4 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing probation, conditional discharge, or a lesser term of imprisonment. Provides that the court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment.

Amends the School Code. Adds as commemorative holidays January 15 (to be known as Humanitarian Day and observed as a day of respect for the principles of human and civil rights and to involve the use of the color white as a visual affirmation to practice these principles), April 4 (to be known as Victims of Violence Wholly Day and observed as a day of respect for the principles of nonviolence and to involve the use of the color black as a visual affirmation to practice these principles), and August 28 (to be known as Dream Day and observed as a day of respect for the spiritual and moral principles of peoplehood and to involve the use of the colors black and white as a visual affirmation to practice these principles). Provides that the teaching of the history of the United States shall include the study of the American civil rights renaissance, that period of time from 1954 to 1965 called the Movement. House Committee Amendment No. 1 Adds reference to: 105 ILCS 5/27-20.4 from Ch. 122, par. 27-20.4 Further amends the School Code. Sets forth additional areas to be included in the Black History unit of instruction, including the study of the American civil rights renaissance and the study of pre-enslavement history.

Amends the Charter Schools Law of the School Code. With respect to a charter school's retention of an outside, independent contractor to audit the charter school's finances, provides that the contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. Effective July 1, 2020.

Urges that violence be labeled as a disease and treated as a public health crisis.

Creates the Police Department Nonlethal Force Policy Act. Provides that the Illinois State Police, Secretary of State Police Department, and each mass transit district police force, university police force, county sheriff's office, and municipal police department of this State shall develop a plan or strategy for the use of nonlethal force on a person suspected of committing or having committed a criminal offense or resisting arrest. The plan or strategy shall include the use of new technologies and alternatives to the use of firearms in apprehending a suspect or in protecting the officer from harm by a suspect.

Urges the Illinois General Assembly and the United States Congress to explore a new, domestic investment plan to promote economic growth and recovery in targeted African American communities.

Amends the Housing Authorities Act. In a provision permitting a Housing Authority to refuse to certify or recertify applicants, current tenants, or other household members who have been convicted of a criminal offense relating to the sale or distribution of a controlled substance, provides that prior to refusing to certify or recertify such a person, the Authority shall make an individualized assessment and determine whether it is reasonable to conclude that the applicant, current tenant, or other household member would constitute a threat to those in the community where the applicant, current tenant, or other household member would reside; or whether it is reasonable to conclude that the applicant, current tenant, or other household member would otherwise engage in other unlawful activities in that community. Provides that during the individualized assessment, the Authority shall consider all mitigating circumstances, including, but not limited to: the nature of the crime; the time elapsed between the date of conviction and the date of certification or recertification; the applicant's, tenant's, or other household member's background; the incentive to litigate the criminal matter; and any evidence demonstrating rehabilitation. Requires the Authority to provide notice to the applicant, current tenant, or other household member that he or she may be denied certification or recertification because of a criminal conviction and that he or she has the right to an impartial hearing to demonstrate that he or she should not be denied certification or recertification because of his or her particular circumstances.

Creates the Employee Background Fairness Act. Provides that an employer may not refuse to hire an individual and may not discharge an individual because of the individual's criminal history unless the individual has one or more convictions and there is a direct relationship between one of more of an individual's convictions and the specific employment sought. Prohibits retaliation for exercising rights under the Act. Provides that an individual denied or discharged from employment because of his or her criminal history in violation of the Act may recover from the employer in a civil action: (1) damages in the amount of $2,000 or actual damages, whichever is greater; (2) costs and reasonable attorney's fees as allowed by the court; and (3) any other appropriate relief, including punitive damages. Defines terms. Effective immediately.