Rep. Dan Ugaste

Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if: (1) the defendant is charged with a felony offense (rather than specified felonies) and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence.

Amends the School Code. In provisions concerning sexual misconduct in schools, provides that guidelines established for certain situations and all available methods for how to report staff-student boundary violations within a school and to external agencies must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic school. In provisions concerning an employment history review, provides that a job applicant shall provide the name, address, telephone number, and other relevant contact information of the applicant's current employer only if the applicant has direct contact with children or students at the applicant's current employer. Provides that for a substitute employee licensed by the State Board of Education and seeking employment in more than one school district, the employment history review shall be conducted by the regional office of education or intermediate service center in which the school districts are located. Provides for when this review is required and how the review remains valid, and provides for immunity for regional offices of education and intermediate service centers.

Commends Deputy John Forlenza and Police K9 Dax for their honorable service and dedication to their community, the State as a whole, and the nation.

Amends the Illinois Vehicle Code. Provides that any person convicted of a first offense of aggravated fleeing or attempting to elude a police officer is guilty of a Class 2 felony (instead of a Class 4 felony). Provides that any person convicted of a second or subsequent offense of aggravated fleeing or attempting to elude a police officer is guilty of a Class 1 felony (instead of a Class 3 felony).

Amends the Criminal Code of 2012. Creates the offense of domestic assault. Provides that a person commits the offense when, without lawful authority, he or she knowingly engages in conduct that places any family or household member in reasonable apprehension of great bodily harm, or permanent disability or disfigurement. Provides that if the defendant is arrested for domestic assault, upon release of the defendant from custody pending trial, the court, at the preliminary examination, shall order that the defendant refrain from contact or communication with the victim of the domestic assault and refrain from entering or remaining at the victim's residence for a minimum of 72 consecutive hours. Provides that domestic assault is a Class A misdemeanor. Defines "family or household member".

Amends the Juvenile Court Act of 1987. Precludes the court from ordering the automatic expungement of the juvenile court and law enforcement records of a delinquent minor based on an attempt to commit a disqualified offense.

Amends the Grant Accountability and Transparency Act. Provides that the Governor's Office of Management and Budget shall adopt rules pertaining to expedient and efficient processing of grants awarded to public safety agencies though the State's awarding agencies, including those awards provided through the Illinois Law Enforcement Training Standards Board. Provides that the rules pertaining to the issuance of awards to public safety agencies shall include, but are not limited to, the following: (1) in accordance with the Grant Accountability and Transparency Act, continued uniform administrative requirements, cost principles, and audit requirements for State and federal pass-through awards to non-federal public safety entities; (2) an application process for public safety agencies that proceeds to process applicants, upon the receipt of their application on a first-come, first-serve basis; and (3) an award process that proceeds on a chronological case-by-case basis where a public safety agency's award is processed with no delay upon that agency's completion of all requirements, including the application process, reporting requirements, monitoring, and all other considerations and regulations as required under the Act. Provides that the Grant Accountability and Transparency Unit and the Office of the State Comptroller shall consider and determine revised factors when determining permanent or temporary cease payments, the garnishment of funds, or any other action by a State agency to hinder receipt of an award by a public safety agency recipient or subrecipient. Provides that those factors shall be disseminated to all State agencies that award grants to public safety agencies. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for any offense (rather than for a felony or Class A misdemeanor), that pretrial release shall (rather than may) be revoked if the defendant is charged with an offense that is alleged to have occurred during the defendant's pretrial release, regardless of the classification of offense (rather than charged with a felony or Class A misdemeanor) after a hearing on the court's own motion or upon the filing of a verified petition by the State.

Amends the Criminal Code of 2012. Provides that upon failure to comply with any condition of pretrial release, the court having jurisdiction at the time of such failure may, on its own motion or upon motion from the State, issue a warrant (instead of a summons or a warrant) for the arrest of the person on pretrial release (instead of at liberty on pretrial release). Provides that the contents of such a warrant shall be the same as required for an arrest warrant issued upon complaint. Provides that when a defendant is on pretrial release on a felony charge and fails to appear in court as directed, the court shall issue a warrant for the arrest of such person. Provides that such warrant shall be noted with a directive to peace officers to arrest the person and hold such person without bail and to deliver such person before the court for further proceedings. Provides that a defendant who is arrested or surrenders within 30 days of the issuance of such warrant shall not be released on pretrial conditions in the case in question unless the defendant shows by the preponderance of the evidence that the defendant's failure to appear was not intentional. Makes conforming changes. Removes provisions concerning that for the purpose of any risk assessment or future evaluation of risk of willful flight or risk of failure to appear, a nonappearance in court cured by an appearance in response to a summons shall not be considered as evidence of future likelihood of appearance in court.

Amends the Illinois Public Demonstrations Law. Replaces all references to the principal law enforcement officer for the area with references to the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates. Provides that a person who blocks an exceptionally busy public right-of-way for any period of not less than 5 minutes in a manner that prevents, or would prevent, the free passage of a peace officer, a firefighter, or an emergency medical services personnel responder, irrespective of the time of day or notice provided, commits a Class 4 felony. Provides that no act of notification to law enforcement is a defense to the Class 4 felony. Provides that no act or circumstance of scheduling or time is a defense to the Class 4 felony. Provides that if permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under, it is the responsibility of the sheriff, not the requester, to coordinate with other law enforcement agencies in other jurisdictions as necessary. Preempts the concurrent exercise of home rule. Defines "exceptionally busy public right of way". Makes findings. Effective immediately.