Rep. Anne Stava

Amends the School Visitation Rights Act. Provides that an employer that terminates an employee for absences to attend school conferences is liable in a civil action for damages resulting to the employee. Imposes upon the employer the burden of proof to demonstrate that termination is not related to an employee's absence for attendance at a school conference, behavioral meeting, or academic meeting. Effective August 1, 2021.

Amends the School Code. Provides that law enforcement officers shall not maintain a presence on school grounds unless there exists an imminent threat of danger to students at the school in question or there is reason to believe that urgent and immediate action is necessary to prevent such danger to students. Makes conforming changes. Defines "school grounds". Effective immediately.

Amends the Criminal Code of 2012. Provides that any person who, prior to the effective date of the amendatory Act, lawfully possessed an assault weapon shall register the assault weapon with the Illinois State Police within 90 days after the effective date of the amendatory Act and any person who acquired an assault weapon on or after the effective date of the amendatory Act shall register the assault weapon with the Illinois State Police within 90 days after he or she purchased or was given the weapon. Provides that the registration shall contain a description of the assault weapon that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the Director of the Illinois State Police deems appropriate. Provides that the Illinois State Police may charge a fee for registration not to exceed the reasonable processing costs of the Illinois State Police. Provides that the fees shall be deposited into the State Police Firearm Services Fund. Provides that a violation of these provisions is a Class A misdemeanor. Defines various terms.

Amends the Illinois Vehicle Code. Provides that in a county having a population of 3,000,000 or more, the county sheriff shall establish with other law enforcement agencies a vehicle theft hotline to facilitate the location of stolen vehicles via their installed existing global positioning systems, collaborate with vehicle manufacturers and dealers to provide information and assistance to law enforcement officers in the investigation of vehicle theft, and ensure that consumers are provided with information concerning the hotline and any new or used vehicle manufactured with a global positioning system by publishing the information in a conspicuous location on the county sheriff's website. Provides that the manufacturer of any vehicle sold in this State shall establish a hotline available to State, county, and local law enforcement agencies exclusively for the purposes of law enforcement information sharing and the electronic tracking of vehicles stolen in vehicular hijacking incidents or that have been used in the commission of kidnapping, aggravated battery with a firearm, attempted homicide, or homicide. Provides that the manufacturer's hotline shall relay vehicle location information, including real-time vehicle location information whenever possible, to the 9-1-1 call center or designated dispatch center for the responding agency, to the best of the manufacturer's technical capability. Requires State, county, and local law enforcement agencies to use their respective 9-1-1 system call centers or designated dispatch centers for the purpose of verification of law enforcement officers' identities and bona fide incident report numbers related to incidents. Requires manufacturers to prepare written statements detailing tracking and disabling system capabilities and make them available to State, county, and local law enforcement agencies upon request. Requires that, if a vehicle is not subscribed to the manufacturer's tracking service, the manufacturer of any vehicle sold in this State shall waive all fees associated with initiating, renewing, reestablishing, or maintaining the location, disabling, or alert service with which the vehicle is equipped during a law enforcement response or investigation of specified offenses.

Amends the State Parks Act to require the Department of Natural Resources to make menstrual hygiene products available, at no cost to the public, in each restroom facility that is situated within a State park and under the jurisdiction and control of the Department of Natural Resources. Defines "menstrual hygiene products" and "restroom facility". Effective immediately.

Creates the Securing All Futures for Equitable Reinvestment in Communities Act. Provides legislative intent. Creates the Securing All Futures for Equitable Reinvestment Tax Credit Pilot Program Act. Provides that an applicant that hires certain formerly incarcerated individuals during the incentive period may apply for a tax credit against the applicant's withholding tax liability. Provides that the savings from the changes made to the Unified Code of Corrections shall be deposited into the Securing All Futures for Equitable Reinvestment (SAFER) Communities Fund for the purpose of funding the program. Amends the Unified Code of Corrections to reduce the sentencing ranges for all classes of felonies, and to remove minimum sentences for Class 4 felonies and Class A and Class B misdemeanors. Provides that the provisions of the Act apply to offenses committed before the effective date of this Act, and to offenses committed on or after the effective date of this amendatory Act. Provides for resentencing of currently incarcerated persons based on these changes. Effective immediately. Fiscal Note (Dept. of Revenue) Although the bill limits the credit to $1.5 billion over its 6-year life, the Department is unable to provide a fiscal impact estimate for House Bill 3215 because the legislation, as introduced, contains multiple drafting ambiguities, errors, and incomplete definitions. For example, the bill defines "participant" to mean, in part, a full-time employee who was formerly incarcerated between January 1, 2009 and December 31, 2019. The bill, however, provides later that the credit is limited to 10,000 participants "newly released" from prison and 10,000 participants that were released between January 1, 2009 and December 31, 2019. Additionally, the bill provides the credit amount awarded is to be between $10,000 and $15,000 each year per participant hired. The bill further provides a list of criteria to be considered in determining the amount of the credit, but no guidance is provided as to how that list of criteria computes to a given credit amount. These problems, among others in the bill as introduced, prevent the Department from making adequately precise determinations of who qualifies for the credit and of how to calculate the credit.

Creates the Right to Read Act. Provides that the State Board of Education shall offer support: to each public school district to select evidence-based core reading instruction programs and implement them using structured literacy instruction; and to each early childhood, elementary, and special education teacher, reading specialist, literacy coach, and administrator to complete evidence-based training in teaching reading. Requires the State Board of Education to annually compile and post on its website information on the steps it has undertaken to support school districts to deliver high-quality, evidence-based literacy instruction, including a list of any Early Literacy Grant recipients, documentation of how the recipient allocated the funding to support improved literacy, and what evidence-based literacy curricula the recipient is utilizing. Amends the School Code. In provisions concerning educator testing, requires applicants seeking specified licenses to pass a test in reading foundations, which shall include assessment of the applicant's understanding of phonological and phonemic awareness, concepts of print and the alphabetic principle, the role of phonics in promoting reading development, word analysis skills and strategies, vocabulary development, application of reading comprehension skills and strategies, and methods for assessing reading development. In provisions concerning minimum requirements for educators trained in other states or countries, provides that an applicant who has successfully completed a reading foundations test of at least comparable rigor to the Illinois reading foundations test is not required to complete a reading foundations test. Makes other changes. Effective immediately.

Creates the Recovery and Mental Health Tax Credit Act. Provides that the Department of Human Services shall establish and administer a recovery tax credit program to provide tax incentives to qualified employers who employ eligible individuals in recovery from a substance use disorder or mental illness in part-time and full-time positions within Illinois. Creates the Advisory Council on Mental Illness and Substance Use Disorder Impacts on Employment Opportunities within Minority Communities. Sets forth the membership of the Council. Provides that the Council shall advise the Department of Human Services regarding employment of persons with mental illnesses and substance use disorders in minority communities. Amends the Illinois Income Tax Act to make conforming changes. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Requires the Department of Human Services to maintain an electronic listing of the tax credit certificates it issues under the recovery tax credit program so that the Department of Revenue may confirm the eligibility of qualified employers for the tax credit. Provides that the tax credit authorized under the Act may not be carried forward. Contains provisions concerning tax credits for partners, shareholders of S corporations, and owners of limited liability companies. Makes other changes. Amends the Illinois Income Tax Act. Provides that a taxpayer who has been awarded a credit under the Recovery and Mental Health Tax Credit Act is entitled to a credit against the tax imposed under specified provisions of the Illinois Income Tax Act. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of Senate Amendment No. 1 with the following changes: Requires the Department of Human Services to maintain an electronic listing of the certificates of tax credit issued by which the Department of Revenue may verify tax credit certificates issued to qualifying employers. Provides that the tax credit authorized under the Act may not be carried forward. Provides that a taxpayer who is a qualified employer who has received a certificate of tax credit from the Department shall be allowed a credit against the tax imposed equal to the amount shown on such certificate of tax credit. Provides that if the taxpayer is a partnership or Subchapter S corporation the credit shall be allowed to the partners or shareholders in accordance with the determination of income and distributive share of income as provided under specified provisions of the Internal Revenue Code. Makes other changes. Amends the Illinois Income Tax Act. Provides that for taxable years beginning on or after January 1, 2023, a taxpayer who has been awarded a credit under the Recovery and Mental Health Tax Credit Act is entitled to a credit against the tax imposed under specified provisions of the Illinois Income Tax Act.

Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (1) an order of misdemeanor diversion under the Unified Code of Corrections, and the diversion program was successfully completed by the petitioner; or (2) a conviction for possession of certain specified amounts of a controlled substance; (3) a conviction for possessing less than 5 grams of methamphetamine; or (4) a conviction where the statutory penalty changed as a result of a resentencing hearing under the Code of Criminal Procedure of 1963. Amends the Illinois Controlled Substances Act. Changes the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver, or possession of a controlled substance. Amends the Methamphetamine Control and Community Protection Act. Changes the penalties for methamphetamine delivery or possession. Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence, including a sentence of probation, for an offense for which the statutory penalty has been subsequently reduced under the amendatory Act to petition the trial court that entered the judgment of conviction to request resentencing in accordance with the statutory penalty in effect at the time of the filing of the petition. Amends the Unified Code of Corrections to create a Misdemeanor Diversion Program. Fiscal Note (Admin Office of the Illinois Courts) HB3447 amends the Criminal Identification Act regarding expungements. Based on a review of the bill, it has been determined that the proposed legislation would have no fiscal impact on the state appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.

Amends the Illinois State Police Act and the Illinois Police Training Act. Provides that a person shall not be selected or appointed as an Illinois State Police officer or other law enforcement officer unless that person has performed satisfactorily in preemployment cognitive or personality tests, or both, prescribed by the Illinois State Police in the case of Illinois State Police officer cadets or by the Illinois Law Enforcement Training Standards Board for other law enforcement officers whose training is prescribed by the Board. Provides that a cadet or recruit shall take the Stanard & Associates' National Police Officer Selection Test (POST). Provides that the minimum satisfactory score to be eligible for employment is 70% on each of the 4 sections of this examination. Provides that the Illinois State Police or other law enforcement agency may require a higher satisfactory score than 70% on each or any of the sections of the test. Provides that the administration of the Stanard & Associates' National Police Officer Selection Test (POST) and the Minnesota Multiphasic Personality Inventory 2 (MMPI-2) shall be in accordance with directions of the Illinois State Police Merit Board with respect to Illinois State Police applicants or the Illinois Law Enforcement Training Standards Board with respect to other law enforcement agency applicants under the training standards of the Illinois Law Enforcement Training Standards Board.