Rep. Sonya Harper

Declares September 7, 2019 as Great Lakes-St. Lawrence Appreciation Day in Illinois.

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.

Amends the Property Tax Code. Provides that, if a veteran with a surviving spouse was in the process of review to receive the homestead exemption for veterans with disabilities, but the veteran died before the exemption was approved, then the application process shall continue and any subsequent approval granted to the veteran shall carry over to the spouse as long as the spouse meets the requirements for carry over.

Amends the Public Defender and Appointed Counsel Division of the Counties Code. Creates the Public Defender Quality Defense Task Force. Provides that the Task Force is established to: (i) examine the current caseload and determine the optimal caseload for public defenders in the State; (ii) examine the quality of legal services being offered to defendants by public defenders of the State; and (iii) make recommendations to improve the caseload of public defenders and quality of legal services offered by public defenders. Provides that the Task Force shall hold a minimum of 2 public hearings and at other times of its choosing. Provides that the Task Force shall prepare a report that summarizes its work and makes recommendations resulting from its study to the General Assembly and Governor no later than December 31, 2020. Repeals the provisions on December 31, 2021. Effective immediately. Fiscal Note (Office of the State Appellate Defender) If the only responsibility to the Agency would be to provide space for meetings, the cost would be minimal because meetings could be held in our Chicago or Springfield office. If the Agency was responsible for administrative costs, travel reimbursement for board members, preparation of meeting materials or research and analysis, the cost could be significantly more. House Floor Amendment No. 1 Removes a requirement that the Governor appoint at least one Task Force member from the Legal Resources Division of the Office of the Cook County Public Defender. Provides that the Governor shall appoint 5 (rather than 3) public defenders or assistant public defenders to the Task Force from 5 (rather than 3) counties other than Cook County.

Mourns the death of Gloria Dean Harris.

Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 30 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Department for participation in the Pathway to Community Program, which is a 5-year pilot program within the Department of Corrections. Provides that a maximum of 15 males and a maximum of 15 females may be selected for the Program. Excludes from the Program persons convicted of first degree murder of a peace officer or firefighter and sexual predators. Establishes eligibility requirements for the Program. Provides that before a participant is selected for the Program, the petitioner shall successfully complete an atonement and restorative justice program prepared by the Department. Following completion of this program of atonement and restorative justice, the Department shall notify the victim and the family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. Up to $1,000 of trauma-informed victim services or trauma-certified professional therapy shall be provided by the Department to family members of the victim of the petitioner's offense. Provides that optional participation by family members of the victim of petitioner's offense shall be provided by the Department at no cost to the family members of the victim. Provides that time served in the Program shall be credited toward time served on the sentence. Provides that the Program is terminated 6 years after the effective date of the amendatory Act. Correctional Note (Dept of Corrections) The impact of this legislation on the Department will depend on how many offenders would be accepted into and complete the Pathway to Community Program, how many offenders would receive executive clemency, how many staff are needed to meet the requirements outlined in this legislation, how victims and their families respond, and how fiscal needs will be met. Therefore, the fiscal impact on the Department is unknown. The correctional population impact is also unknown since program participants must petition for Governor clemency to receive an early release from prison based on their progress through the program. Also, though participants may be released from prison before their expected parole or mandatory supervised release date, the end date of their supervised release period does not change, leaving the offender under the jurisdiction of the Department for the entirety of their sentence. Second, House Bill 2400 does not specify the components of an atonement and restorative adjustment program. The Department does not currently operate such a program. In addition, Department efforts are presently focusing on evidence-based programs. Therefore, an atonement and restorative adjustment program would have to be created, or acquired, and this will result in costs for program development and/or acquisition. Staff would have to develop a research design necessary to implement a program with a potentially high success rate for older offenders who have been incarcerated for many years, and then develop and study the specific components. Among many undertakings, staff would have to be trained; selection criteria and methods would have to be developed; policies would be written; means to measure if offenders have demonstrated reform, changed behavior, remorse, and the ability to socialize; renunciation of criminal activity and gang affiliation would have to be identified; and outcome measures would have to be constructed. Moreover, this legislation specifies that offenders must participate for 5 years; however, there is no indication in House Bill 2400 as written for the justification for mandating that time period. The costs for these responsibilities, as well as costs for acquisition of licensed curriculum and supplies, if available, are unknown at this time. Third, House Bill 2400 stipulates that, following completion of this program of atonement and restorative justice, the Department shall make an exhaustive effort to find and notify family members of the victim of the petitioner's offense and to afford them the opportunity to participate in the Department's final selection process for the Pathway to Community Program. This presents numerous logistical problems for Department staff. Records are very old, and documents may not identify victims by name or where to contact them after more than 30 years. Department staff currently struggle to get victim information from the courts. Many victims' families would have to be contacted, and if found, may not want to participate in any activities with the offenders, relive the memories, or even be identified at all. Many victims want absolutely nothing to do with their offenders. Correctional staff do not treat victims; there are no staff to perform any necessary therapeutic services to victims. If the victims refuse this service, the Department is unsure if it would be mandated to withhold the program if a victim chooses not to participate. Despite efforts made by centralized program staff, as well as the facility staff, Victims Services is already inundated with work related to assisting the victims of Illinois' 39,000 inmates and 27,000 parolees. current Victim Services staff would not be able to assist in meeting House Bill 2400 provisions. The Department estimates this program would need to be implemented In two facilities, one for males and one for females. The Department also estimates two additional staff members would need to be employed at each facility where Pathway programs are implemented, one to assist in Victim Services and one to assist in the administrative tasks of the program. Staff are estimated at an annual cost of $100,000 each for salary and benefits. Fourth, House Bill 2400 provides that up to $1,000 of trauma-informed victim services or traumacertified professional therapy must be provided by the Department to family members of the victim of the petitioner's offense. Insurance policies of the family members of the victim of the petitioner's offense or family members' financial resources shall first be used to pay the costs of these services or therapy. Optional participation by family members of the victim of petitioner's offense would be provided by the Department at no cost to the family members of the victim. The impact of these fiscal constraints on the Department cannot be identified until the program is implemented, though the number of victims this legislation may address is unknown, and potentially quite large. Therefore, the fiscal impact on the Department is unknown. The correctional population impact is also unknown as offenders are not eligible for early release until granted clemency by the Governor based on petitions filed and an offender's program progress, a process that cannot be initiated until more than 5 years after enactment. The Department currently lacks the resources, training, curriculum, victim information, and funding to enact this proposal. House Floor Amendment No. 1 Deletes provision that the Department of Corrections may enter an order releasing and discharging a participant in the Pathway to Community Program from mandatory supervised release if it determines that he or she is likely to remain at liberty without committing another offense.

Amends the School Code. Provides that an approved waiver from or modification to a physical education mandate may remain in effect for a period not to exceed 2 school years (rather than 5 school years like other mandate waivers) and may be renewed no more than 2 times upon application by an eligible applicant. Provides that an approved waiver from or modification to a physical education mandate may be changed within the 2-year period by the school board or regional superintendent of schools, whichever is applicable, following the procedure set forth in the Code for the initial waiver or modification request. Provides that a school board may determine the schedule or frequency of physical education courses, provided that an elementary school pupil engage in a course of physical education for a minimum of 150 minutes per week and a middle school, junior high school, or high school pupil engage in a course of physical education for a minimum of 225 minutes per week (rather than engage in a course of physical education for a minimum of 3 days per 5-day week). Provides that if a student non-attendance day is scheduled for a day that would otherwise include a physical education class or if the school building is not otherwise open to students on a day that would otherwise include a physical education class, a student is not required to make up the minutes from that class; defines "student non-attendance day". Effective July 1, 2019.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Requires the Department of Financial and Professional Regulation to employ an investigator who is required to devote at least 50% of his or her time to the investigation of complaints that allege a violation of the Illinois Optometric Practice Act of 1987 or its rules.

Amends the Managed Care Reform and Patient Rights Act. Provides that specified medical conditions are included in the definition of "emergency medical condition" regardless of the final diagnosis that is given.

Creates the Private Sector Workplace Anti-Harassment Task Force Act. Creates the Private Sector Workplace Anti-Harassment Task Force. Provides that the Task Force shall create model policies and best practices to keep workplaces safe from sexual harassment. Provides that the Department of Human Rights shall provide administrative support to the Task Force. Provides that the model policies and best practices shall be finalized by March 1, 2020 and posted on the Department of Human Rights' website within 30 days after finalization. Repeals the Act on March 1, 2021. Effective immediately. House Committee Amendment No. 1 Provides that specific members of the Task Force shall be appointed by the Governor. Provides that the Lieutenant Governor, or his or her designee, is included in the Task Force and shall serve as chair.