Rep. Tony McCombie

Amends the General Assembly Compensation Act. Establishes the fiscal year 2020 mileage reimbursement rate and allowance for lodging and meals. Amends the Compensation Review Act. Prohibits cost-of-living adjustments for or during the fiscal year beginning July 1, 2019 for State government legislative and executive elected officers and appointees in positions for which the Compensation Review Board previously recommended or determined compensation. Effective immediately.

Amends the Criminal Code of 2012. Provides that a person also commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she knowingly causes great bodily harm or permanent disability or disfigurement to an individual whom the person knows to be a person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, Department of Children and Family Services employee: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Provides that a violation is a Class 1 felony. Provides that a person also commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a person working under the Adult Protective Services Program or an Ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, Department of Children and Family Services employee: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Provides that a violation is a Class 2 felony. Defines "Department of Children and Family Services employee".

Directs the Illinois Community College Board and the Illinois Board of Higher Education to establish a joint advisory council to study how Illinois can maximize the number of students completing credit-bearing certificate programs and two-year or four-year degree programs and enter into high-skill, high-wage occupations and to develop a plan to increase those numbers. Senate Committee Amendment No. 1 Deletes everything. Replaces it with similar language directing the Illinois Community College Board and the Illinois Board of Higher Education to establish a joint advisory council to study how Illinois can maximize the number of students completing credit-bearing certificate programs and two-year or four-year degree programs and enter into high-skill, high-wage occupations and to develop a plan to increase those numbers. Changes the original membership of the advisory council. House Floor Amendment No. 1 Deletes everything. Replaces it with similar language directing the Illinois Community College Board and the Illinois Board of Higher Education to establish a joint advisory council to study how Illinois can maximize the number of students completing credit-bearing certificate programs and two-year or four-year degree programs and enter into high-skill, high-wage occupations and to develop a plan to increase those numbers. Changes the membership of the advisory council.

Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section creating the civil administrative agencies. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 5/5-15 Adds reference to: 20 ILCS 2630/5.2 Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that the court may not order the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (DUI) under the Illinois Vehicle Code or a similar provision of a local ordinance; except that the court may order the sealing of one misdemeanor record of arrest or charge not initiated by arrest that results in an order of supervision for or conviction of DUI under the Illinois Vehicle Code or a similar provision of a local ordinance per petitioner if each of the following conditions have been met: (1) the petitioner has not previously been convicted of or placed on supervision for DUI under the Illinois Vehicle Code or a similar provision of a local ordinance; (2) 10 or more years have passed since the termination of the petitioner's sentence; (3) during the commission of the violation, the petitioner did not proximately cause death or personal injury to any other person or damage the property of any other person; (4) the petitioner has no other misdemeanor or felony driving charge on his or her driving abstract; and (5) the judge examined the driving abstract of the petitioner petitioning to have his or her records sealed under this provision and made a finding entered on the record that the petitioner did not enter into a plea agreement on a lesser charge other than a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance, and the facts did not support that the petitioner had previously committed a DUI under the Illinois Vehicle Code or a similar provision of a local ordinance. Provides that the Secretary of State shall maintain orders of court supervision and convictions DUI under the Illinois Vehicle Code or a similar provision of a local ordinance on court purposes driving abstracts.

Designates U.S. Route 20 westbound, just west of Illinois Route 75 in Stephenson County, as the "Trooper Brooke Jones-Story Memorial Highway". House Floor Amendment No. 1 Changes what is being named in Trooper Brook Jones-Story's honor from a highway to an overpass.

Amends the Criminal Code of 2012. Creates the offense of criminal damage to a critical infrastructure facility for a person who knowingly damages, destroys, vandalizes, defaces, or tampers with equipment in a critical infrastructure facility. Provides the penalty is a Class 1 felony punishable by a fine of $100,000, imprisonment, or both. Expands the offense of criminal trespass to a nuclear facility to include other critical infrastructure facilities. Provides the penalty is a Class 4 felony punishable by a fine of not less than $1,000, imprisonment, or both. Creates the offense of aggravated criminal trespass to a critical infrastructure facility for a person who commits a criminal trespass to a critical infrastructure facility with the intent to damage, destroy, vandalize, deface, or tamper with equipment of the facility, or impede or inhibit operations of the facility. Provides the penalty is a Class 3 felony punishable by a fine of not less than $10,000, imprisonment, or both. Provides if a business, corporation, or organization is convicted of conspiracy to commit any of the offenses the entity shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Provides a person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from any of the offenses, and that a person may also be liable to the owner for court costs and reasonable attorney's fees. Provides for exemptions. Defines "critical infrastructure facility". House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds coal mines and any mining operation, including any processing equipment, batching operation, or support facility for that mining operation to the definition of "critical infrastructure facility". Provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Provides that criminal damage to a critical infrastructure facility is a Class 3 felony (rather than a Class 1 felony). Provides exemptions. Makes other changes. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds coal mines and any mining operation, including any processing equipment, batching operation, or support facility for that mining operation to the definition of "critical infrastructure facility". Provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization intentionally sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Provides that criminal damage to a critical infrastructure facility is a Class 3 felony (rather than a Class 1 felony). Provides exemptions. Makes other changes. Fiscal Note, House Committee Amendment No. 1 (Office of the Attorney General) The proposed legislation, HB 1633 (H-AM 1) would not have a significant fiscal impact on our Office as the new offenses established by this bill would primarily be handled by local county State's Attorney Offices. Fiscal impact: Minimal Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Fiscal Note, House Committee Amendment No. 1 (Illinois State Police) If House Bill 1633 (H-AM 1) were to become law, there would be no additional fiscal impact to the Illinois State Police. House Floor Amendment No. 3 Deletes reference to: 720 ILCS 5/8-2 Deletes language that provides that a business, corporation, or organization convicted of conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Deletes language that provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization intentionally sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Correctional Note, House Committee Amendment No. 1 (Dept of Corrections) The total impact of House Bill 1633, as amended, would result in an increase of 1 offender, with additional marginal costs of $96,200 over the first ten years after enactment. These calculations are based on limited accessible data and estimates may vary depending on how cases are prosecuted and plea bargained. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority.

Amends the Downstate Teachers and State Universities Articles of the Illinois Pension Code. Requires an employer to make an additional employer contribution for a participant whose earnings for any academic year used to determine the final rate of earnings exceed the amount of his or her earnings with the same employer for the previous academic year by more than 6% (instead of 3%). Makes conforming changes. Effective immediately.

Amends the Criminal Code of 2012. Defines "servicemember" and "veteran". Provides that a person commits aggravated assault or aggravated battery when he or she commits an assault or a battery against a servicemember or veteran. Provides that an aggravated assault committed against a servicemember or veteran is a Class A misdemeanor. Provides that an aggravated battery committed against a servicemember or veteran is a Class 3 felony. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Reorganizes and makes technical changes to provisions concerning aggravated assault or aggravated battery against a servicemember or veteran.

Amends the Wildlife Code. Permits hunting with a rifle for the taking of deer. Provides that rifle hunting permits issued by the Department of Natural Resources shall be approved by county ordinance. Provides that notwithstanding any provision of the Code, it is unlawful to take a deer with a rifle in a county of the State with a population of 500,000 or more. Defines "rifle" as any firearm designed, made, or adapted to be fired from the shoulder that uses the energy of an explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger. House Floor Amendment No. 2 Deletes reference to: 520 ILCS 5/2.32a new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that legal handguns and rifles include any bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding 1.4 inches or any straight walled centerfire cartridge of .30 caliber or larger both of which must be available as a load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle. Deletes language that provides that notwithstanding any provision of the Code, it is unlawful to take a deer with a rifle in a county of the State with a population of 500,000 or more.

Amends the Sexual Assault Evidence Submission Act. Provides that the State Police shall by rule establish a sexual assault evidence tracking system that conforms to the recommendations made by the Sexual Assault Evidence Tracking and Reporting Commission in its report dated June 26, 2018. Provides that the Department of State Police shall design the criteria for the sexual assault evidence tracking system so that, to the extent reasonably possible, the system can use existing technologies and products. Provides that the sexual assault evidence tracking system shall be operational no later than than one year after the effective date of the amendatory Act. Provides that a treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital approved by the Department of Public Health to receive transfers of Illinois sexual assault survivors, or an approved pediatric health care facility must comply with rules relating to the collection and tracking of sexual assault evidence adopted by the Department of State Police. Provides for the operations of the sexual assault tracking system to be funded by appropriations from the State Crime Laboratory Fund, together with asset forfeiture and other funds appropriated by the General Assembly. Authorizes emergency rulemaking. Exempts information in the sexual assault evidence tracking system from disclosure under the Freedom of Information Act. Amends the Illinois Administrative Procedure Act, the Freedom of Information Act, the Sexual Assault Survivors Emergency Treatment Act, and the Unified Code of Corrections to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Adds requirements and recommendations of the report created by the Sexual Assault Evidence Tracking and Reporting Commission issued on June 26, 2018 for implementation of the sexual assault evidence tracking system. Effective immediately.