Rep. John Cabello

Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person knowingly and unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it is a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Provides that in addition to any other penalties imposed, not less than 6 years and not more than 30 years shall be imposed with respect to any amount of carfentanil or fentanyl, or any analog thereof, in excess of 150 milligrams that is stored or transmitted as a powder, blotter paper, tablet, patch, or spray. Provides that in addition to any other penalties imposed, with respect to fentanyl, or an analog thereof, an additional sentence of 5 years shall be imposed if the fentanyl or analog thereof is in a form that resembles, or was mixed, granulated, absorbed, adsorbed, spray-dried, aerosolized as or onto, coated on in whole or in part, or solubilized with or into, a product, where the product or its packaging further has at least one of the following attributes: (1) a resemblance to the trade dress of a consumer food product, branded food product, or logo food product, or incorporates an actual or satirical version of a registered trademark, service mark, or copyright; (2) a bright color or coloring scheme; (3) the appearance of a cereal, candy, vitamin, gummy, or chewable product such as a gum or gelatin-based product; (4) a cartoon character imprint; or (5) incorporation into a separate product or package approved by the United States Food and Drug Administration, or approved by a regulatory agency for food or drug products in another country, if the addition of fentanyl, carfentanil, or any analog thereof, would render the approved product an adulterated product under the standards of the Federal Food, Drug, and Cosmetic Act, or any law of this State or administrative rule. Defines "electronic communication device".

Amends the Code of Criminal Procedure of 1963. Deletes a provision that if the defense seeks to compel the complaining witness to testify as a witness in its favor in a hearing to deny pretrial release, it shall petition the court for permission. Deletes a provision that when the ends of justice so require, the court may exercise its discretion and compel the appearance of a complaining witness at a hearing to deny pretrial release.

Mourns the death of Rockford Police Department K9 Officer Nyx.

Amends the Illinois Income Tax Act. Provides that the Department of Revenue shall pay an annual rebate to each individual taxpayer who files an Illinois income tax return with the Department on or before the second Friday in October of the calendar year for which the rebate is made. Provides that surplus moneys in the Income Tax Refund Fund shall be transferred to the Illinois Individual Income Tax Rebate Fund (currently, the General Revenue Fund). Creates the Illinois Individual Income Tax Rebate Fund. Provides that moneys in the Fund shall be used for the purpose of paying rebates. Effective immediately.

Creates the Care for Retired Police Dogs Program Act. Creates the Care for Retired Police Dogs Program within the Illinois State Police to provide a stable funding source for the veterinary care for retired police dogs. Provides that the Illinois State Police shall contract with a not-for-profit corporation organized under Article 2 of the General Not For Profit Corporation Act of 1986 to administer and manage the Care for Retired Police Dogs Program. Provides that the Illinois State Police shall select the not-for-profit corporation through a competitive grant award process. Establishes criteria for the selection of the not-for-profit corporation. Provides that from appropriations made by the General Assembly to the Illinois State Police for implementation of the Act, the Illinois State Police shall make grants to the not-for-profit corporation contracted by the Illinois State Police to be the disbursing authority for the Care for Retired Police Dogs Program. Provides that these funds must be disbursed to the former handler or the adopter of a retired police dog that served for 5 years or more as a police dog upon receipt specified verification. Provides that annual disbursements to a former handler or an adopter to reimburse him or her for the cost of the retired police dog's veterinary care may not exceed $1,500 per dog. Provides that a former handler or an adopter of a retired police dog may not accumulate unused funds from a current year for use in a future year. Provides that the Illinois State Police shall pay to the not-for-profit corporation, and the not-for-profit corporation may use, up to 10% of appropriated funds for its administrative expenses, including salaries and benefits. Provides that the Illinois State Police shall adopt rules to implement the Act.

Amends the Illinois Controlled Substances Act. Increases the penalties by 3 years for a minimum sentence and 10 years for a maximum sentence for the knowing manufacture or delivery or possession with intent to manufacture or deliver 15 grams or more of any substance containing fentanyl, or an analog thereof. Provides that the knowing manufacture or delivery or possession with intent to manufacture or deliver 15 grams or more of any substance containing fentanyl, or an analog thereof of one gram or more but less than 15 grams of any substance containing fentanyl, or an analog thereof is a Class X (rather than a Class 1) felony. Provides that excluding violations of the Act when the controlled substance is fentanyl, any person sentenced to a term of imprisonment with respect to violations of these provisions, controlled substance trafficking, calculated criminal drug conspiracy, criminal drug conspiracy, streetgang criminal drug conspiracy, or delivery of controlled substances to persons under 18 years of age or at truck stops, safety rest areas, or school, when the substance containing the controlled substance contains any amount of fentanyl, 6 (rather than 3) years shall be added to the term of imprisonment imposed by the court, and the maximum sentence for the offense shall be increased by 6 (rather than 3) years. With respect to the offense of controlled substance trafficking, if the substance trafficked contains any amount of fentanyl, a person convicted of controlled substance trafficking shall be sentenced to a term of imprisonment not less than 3 times the minimum term and fined an amount as authorized by this Act, based upon the amount of fentanyl brought or caused to be brought into the State, and not more than 3 times the maximum term of imprisonment and fined 3 times the amount as authorized by this Act, based upon the amount of fentanyl brought or caused to be brought into the State.

Amends the Criminal Code of 2012. Provides that, should provisions regarding manufacture, possession, delivery, sale, and purchase of assault weapons, .50 caliber rifles, and .50 caliber cartridges be found to be unconstitutional by a court with all appeals exhausted or expired, the Illinois State Police shall immediately and permanently destroy or have destroyed each endorsement affidavit and all information collected from the endorsement affidavit in possession of the Illinois State Police and any law enforcement agency.

Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.

Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are subject to disclosure under the Freedom of Information Act only to the extent recordings or portions of recordings are responsive to the request. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that, if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State or public official provides a reasonable justification. Makes conforming changes to the Freedom of Information Act.

Amends the Illinois State Police Act. Modifies the definition of "duty to intervene" in provisions regarding discretionary termination of Illinois State Police officers. Provides that a member of the Illinois State Police shall not discipline or retaliate in any way against an officer for exercising the officer's duty to intervene, for reporting unconstitutional or unlawful conduct, or for failing to follow what the officer reasonably believes is an unconstitutional or unlawful directive. Amends the Illinois Police Training Act making similar changes to the changes made to the Illinois State Police Act, except that the Law Enforcement Training Standards Board must adopt rules prohibiting members of law enforcement agencies from retaliating. Removes language providing that an individual has no property interest in law enforcement certification at the time of initial certification or at any time thereafter, including, but not limited to, after decertification or after the officer's certification has been deemed inactive. Amends the Local Records Act. Provides that records of automatic expungement of misconduct records where an officer has been found not to have committed any wrong doing or the complaint was found to be frivolous shall be permanently retained and may not be destroyed. Amends the Police and Community Relations Improvement Act. Repeals provisions allowing a person to file notice of an anonymous complaint to the Illinois Law Enforcement Training Standards Board of any conduct the person believes a law enforcement officer has committed.