Rep. Rita Mayfield

Amends the Tobacco Products Act. Defines "electronic cigarette", "nicotine", and "tobacco products". Imposes a tax on any person engaged in business as a distributor of tobacco products at the rate of (i) 18% of the wholesale price of tobacco products sold or otherwise disposed of to retailers or consumers located in this State before July 1, 2012; (ii) 36% of the wholesale price of tobacco products sold or otherwise disposed of to retailers or consumers located in this State prior to July 1, 2025; and (iii) 45% of the wholesale price of tobacco products sold or otherwise disposed of to retailers or consumers located in this State beginning on July 1, 2025. Makes the changes made to the definition of "electronic cigarette" by this amendatory Act of the 104th General Assembly apply on and after June 30, 2025, but no claim for credit or refund is allowed on or after the effective date of this amendatory Act of the 104th General Assembly for such taxes paid during the period beginning June 30, 2025 and the effective date of this amendatory Act of the 104th General Assembly.

Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning PDPM STRIVE staffing ratio calculations for nursing facilities, provides that beginning January 1, 2025, the staffing percentage used in the calculation of the per diem staffing add-on shall be its PDPM STRIVE Staffing Ratio which equals: its Reported Total Nurse Staffing Hours Per Resident Per Day as published in the most recent federal staffing report (the Provider Information file), divided by the facility's PDPM STRIVE Staffing Target. Provides that each facility's PDPM STRIVE Staffing Target is equal to .76 times the facility's Illinois Adjusted Facility Case-Mix Hours Per Resident Per Day. Provides that a facility's Illinois Adjusted Facility Case-Mix Hours Per Resident Per Day is equal to its Nursing Case-Mix (as published in the most recent federal Provider Information file) divided by 1.4627 times 3.79 (which is the Reported Total Nurse Staffing Hours Per Resident Per Day for the Nation as reported in the January 2024 State US Averages file). Effective July 1, 2025.

Creates the Right to Play Act. Provides that a student who is a member of a school athletic activity may participate in a nonschool athletic activity that is of the same sport as the school athletic activity during the season in which the student participates in the school athletic activity without losing eligibility to participate in the school athletic activity, provided that the student may not participate in both the nonschool athletic activity and a school athletic practice or competition for the same sport on the same day.

Creates the Emerging Adult Sentencing Act. Provides that upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a person who meets the eligibility requirements under the Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. Provides that the defendant shall be monitored by the adult probation department. Provides that the defendant shall: (1) not violate any criminal statute of the State or any other jurisdiction; (2) refrain from possessing a firearm or any other dangerous weapon; and (3) attend and participate in any program activities as detailed in the individualized service plan. Provides that a defendant is eligible for the program if the person is between the ages 18 through 25, at the time of the commission of the offense, and is convicted of specified felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life. Provides that prior criminal history shall not preclude eligibility for sentencing under the Act. Provides that upon successful fulfillment of the terms and conditions of probation, the court shall discharge the person from probation. Provides that if the person has not previously been granted a vacation of judgment, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted. Effective immediately.

Amends the Unified Code of Corrections. Provides that a person under 21 years of age at the time of the commission of an offense or offenses, other than first degree murder, shall be eligible for sentencing review after serving 10 years or more of his or her sentence or cumulative sentences. Provides that a person under 21 years of age at the time of the commission of first degree murder shall be eligible for sentencing review after serving 20 years or more of his or her sentence or cumulative sentences, except for those subject to a term of natural life imprisonment under the Code or any person subject to sentencing for first degree murder for killing certain victims committed when the person was under 18 years of age, who shall be eligible for sentencing review after serving 30 years or more of his or her sentence or cumulative sentences. Establishes procedures for filing petitions for sentencing review and the manner in which hearings on those petitions are held. Provides that the Illinois Sentencing Policy Advisory Council shall report on the impact of resentencing motions on the prison population contingent on having sufficient reliable data to support the analysis. Provides that the report shall be due 3 years after the effective date of the amendatory Act. Effective immediately.

Amends the State Comptroller Act. Provides an exception for vendors to receive payment by non-electronic means. Provides that outstanding liabilities as of June 30, payable from appropriations which have otherwise expired and interest penalties payable on those liabilities under the State Prompt Payment Act, may be paid out of the expiring appropriations during the 4-month period ending at the close of business on October 31 of each year, without regard to the fiscal year in which the payment is made. Amends the Prompt Payment Act. Removes provisions concerning payments made under the Public Aid Code. Provides that when a State official or agency responsible for administering a contract receives a bill or invoice from a contractor, that State official or agency shall electronically confirm the date on which the bill or invoice was received within 5 business days of receipt, and shall transmit any approved amount to the Comptroller within 30 days of receipt. Amends the Grant Accountability and Transparency Act to make conforming changes. Amends the Court of Claims Act. Provides that all claims against the State founded upon any contract entered into with the State of Illinois, except that undisputed individual claims below $2,500 resulting from lapsed appropriations do not fall under the jurisdiction of Court of Claims. State agencies may pay undisputed individual claims below $2,500 resulting from lapsed appropriations from current fiscal year appropriations. Sets forth that the provisions are not intended to prohibit more frequent reporting to assess items such as service needs, gaps, or capacity. Sets forth other provisions concerning grant agreement specifications, separate accounts for State grant funds, expenditures prior to grant execution and reporting requirements.

Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Imposes a 3.75% surcharge on firearms and firearm component parts. Sets forth provisions concerning the distribution of the proceeds. Effective immediately.

Amends the Property Tax Code. Provides that, for the purpose of eligibility for the general homestead exemption, "homestead property" also includes property that is used by a person as his or her principal dwelling place and on which the person is liable for the payment of property taxes under a lease-to-purchase or a lease-option contract.

Amends the Juvenile Court Act of 1987. Provides that a minor found to be guilty may be committed to the Department of Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. Provides that when a minor of the age of at least 14 (rather than 13) years is adjudged delinquent for the offense of first degree murder, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or nonemergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice. Amends the Juvenile Court Act of 1987. Provides that on or after July 1, 2026 and before July 1, 2027, any minor 12 years of age or older arrested pursuant to the Act if there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity, in light of a serious threat to the physical safety of a person or persons in the community or in order to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the past 12 months, may be kept or detained in an authorized detention facility. Provides that on or after July 1, 2027, minors age 12 years of age and under 13 years of age and charged with first degree murder, aggravated criminal sexual assault, aggravated battery in which a firearm was used in the offense, or aggravated vehicular hijacking, may be kept or detained in an authorized detention facility. Provides that no minor under 13 (rather than under 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. Provides that instead of detention, minors under the age of 13 who are in conflict with the law may be held accountable through a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program.

Creates the Community-Based Corrections Act. Provides that the Department of Corrections shall establish a program that funds community-based nonprofit providers to serve emerging adults as an alternative to traditional incarceration. Provides that community-based providers shall offer housing, workforce training, mental health counseling, and restorative justice programming in alignment with State guidelines. Provides that the program shall be subject to judicial discretion, allowing sentencing judges to assign eligible individuals to community-based settings instead of Department of Corrections facilities. Provides that all community-based providers must have a written agreement with a restorative justice court for all emerging adults within their care to participate in the restorative justice court programs. Provides that community-based providers shall be compensated at a rate equivalent to the monthly per-inmate cost of incarceration as determined by the Department in its Fiscal Impact Statement. Community-based providers shall be paid on a monthly basis for the number of individuals within their care. Provides that the Department of Corrections shall allocate existing budget authority for contractual services to fund the program created by the Act. Provides that the Department of Human Services shall establish operational standards, including housing conditions, workforce training quality, and mental health support services, to ensure program efficacy. Provides that the Department of Human Services shall monitor and evaluate providers to maintain compliance with State and judicial requirements. Provides that community-based providers shall submit annual reports to the Department of Corrections and the Department of Human Services detailing participant outcomes, including recidivism rates, employment statistics, and community reintegration success. Provides that the Department of Corrections shall report program performance to the General Assembly annually, including cost savings from reduced incarceration based on emerging adults participating with community-based providers for fewer years than they would serve in a Department of Corrections facility. Effective immediately.