Rep. Jim Durkin

Amends the State Finance Act. Provides that, as soon as possible after the effective date of the amendatory Act, the State Treasurer and the State Comptroller shall transfer from the General Revenue Fund to the State Offender DNA Identification System Fund an amount equal to any amounts transferred from the State Offender DNA Identification System Fund to the General Revenue Fund under Public Act 96-44. Prohibits certain transfers from the State Offender DNA Identification System Fund to the General Revenue Fund. Effective immediately.

Amends the Illinois Vehicle Code. Provides that an ordinance that provides for the administrative adjudication of automated traffic law (red light) violations shall require that all determinations by a technician employed or contracted by the municipality or county that a motor vehicle committed an automated traffic law violation must be reviewed and approved by a sworn law enforcement officer of the municipality or county issuing the violation. Provides for additional notice requirements to persons issued a red light violation. Provides that it is an additional defense to a red light violation if the person to whom the violation was issued demonstrates by clear and convincing evidence the he or she was not the person operating the vehicle at the time of the violation.

Amends the Toll Highway Act. Provides that no person or entity, other than the Illinois State Toll Highway Authority, may operate or administer a system, other than the 9-1-1 emergency telephone system, for responding to calls from persons seeking emergency or non-emergency assistance on toll highways. Provides that the Authority may not operate or administer a system, other than the 9-1-1 emergency telephone system, for responding to calls for emergency assistance. Provides that the Authority may operate its own system for responding to calls for non-emergency assistance, if the number to be dialed by persons utilizing the system does not contain the digit "9". Provides that the Authority may not promote, by means of signs or by any other means, the use of any system other than the 9-1-1 system by any person seeking emergency or non-emergency assistance on toll highways. Effective immediately.

Amends the Criminal Code of 1961. Changes the penalty for obstructing justice based upon the class of felony or misdemeanor of the underlying offense in which the defendant obstructed justice (rather than a Class 4 felony, or a Class 3 felony if obstructing justice was in furtherance of streetgang related or gang-related activity). Effective immediately.

Urges the Governor to reconsider Executive Order 15 and expresses the opinion of the Illinois House of Representatives that an objective reconsideration of Executive Order 15 would lead to the withdrawal of the gubernatorial order.

Amends the Home Rule County Retailers' Occupation Tax Law of the Counties Code and the Home Rule County Service Occupation Tax Law of the Counties Code. Provides that the maximum tax rate that is permitted under those Laws is 0.75%, unless a higher rate is authorized by referendum. Preempts home rule powers. Effective immediately.

Amends the Election Code. Provides that a gubernatorial appointment to fill a vacancy in the office of U.S. Senator is subject to the approval of a commission consisting of the legislative leaders and their appointees.

Amends the Freedom of Information Act. Makes a technical change in a Section concerning lists of available records.

Amends the Criminal Code of 1961 and the Unified Code of Corrections. Creates the offense of unlawful possession of a firearm by a street gang member. Provides that a person commits the offense if he or she (1) possesses, carries, or conceals on or about his or her person a firearm and firearm ammunition while on any street, road, alley, gangway, sidewalk, or any other lands, except when inside his or her own abode or inside his or her fixed place of business, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang; or (2) possesses or carries in any vehicle a firearm and firearm ammunition which are both immediately accessible at the time of the offense while on any street, road, alley, or any other lands, except when inside his or her own abode or garage, and has not been issued a currently valid Firearm Owner's Identification Card and is a member of a street gang. Provides that unlawful possession of a firearm by a street gang member is a Class 2 felony for which the person, if sentenced to a term of imprisonment, shall be sentenced to no less than 3 years and no more than 10 years. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the offense of unlawful possession of a firearm by a street gang member when the firearm was loaded or contained firearm ammunition and the court shall sentence the offender to not less than the minimum term of imprisonment authorized for the Class 2 felony. Effective immediately.

Congratulates the members of the Lyons Township High School Lions girls volleyball team on the occasion of winning the IHSA Class 4A State Tournament.