Rep. John Cabello

Amends the Rights of Crime Victims and Witnesses Act. Provides that the crime victim has the right to register with the Prisoner Review Board's victim registry. Provides that the crime victim has the right to submit a victim impact statement to the Board for consideration at hearings as provided in the Open Parole Hearings Act or at an executive clemency hearing. Provides that victim impact statements received by the Board shall be confidential and shall not be discoverable in litigation. Amends the Open Parole Hearings Act. Provides that unless otherwise provides, the Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person that contains any information from the victim who has provided a victim impact statement to the Board, unless provided with a waiver from the victim. Provides that the Board shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system. Provides that victim impact statements received by the Board shall be confidential and shall not be discoverable in litigation. Makes conforming changes in the Unified Code of Corrections. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that victim impact statements received by the Prisoner Review Board shall be confidential and privileged (rather than confidential and not discoverable in litigation). Provides that the written report of the Board's recommendations to the Governor shall be privileged (rather than not discoverable in litigation). Makes conforming changes. Senate Committee Amendment No. 1 Deletes reference to: 730 ILCS 105/35 Adds reference to: 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9 730 ILCS 5/5-4.5-115 730 ILCS 5/5-4.5-20 730 ILCS 5/5-4.5-25 730 ILCS 5/5-4.5-30 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 105/10 from Ch. 38, par. 1660 730 ILCS 105/25 from Ch. 38, par. 1675 730 ILCS 105/35 rep. Provides that the victim of the crime for which the prisoner has been sentenced has the right to register with the Prisoner Review Board's victim registry. Provides that victims registered with the Board shall receive reasonable written notice not less than 30 days prior to the parole hearing or target aftercare release date. The victim has the right to submit a victim statement for consideration by the Prisoner Review Board or the Department of Juvenile Justice in writing, on film, videotape, or other electronic means, or in the form of a recording prior to the parole hearing or target aftercare release date, or in person at the parole hearing or aftercare release protest hearing, or by calling the toll-free number established by the Board. Provides that victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of the amendatory Act, except if the statement was an oral statement made by the victim at a hearing open to the public. Provides that the Board shall receive and consider victim statements. Provides that the written report to the Governor by the Board following an executive clemency hearing shall be confidential and privileged, including any reports made prior to the effective date of the amendatory Act. Makes technical changes in the Unified Code of Corrections concerning cross references to provisions concerning parole review of persons under the age of 21 at the time of the commission of an offense. Repeals a provision of the Open Parole Hearings Act concerning victim impact statements.

Amends the Juvenile Court Act of 1987. Provides that before a sentencing order is entered by the court for a minor adjudged delinquent for disorderly conduct by transmitting or causing to be transmitted in any manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court shall order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility. Provides that a statement made by a minor during the course of a mental health evaluation conducted under the Act is not admissible on the issue of delinquency during the course of an adjudicatory hearing held under the Act. Amends the Criminal Code of 2012 concerning disorderly conduct. Provides that the threat may be made in any manner. Provides that reimbursement by the defendant for the costs of an emergency response to a school does not apply if the court determines that the defendant is indigent. House Floor Amendment No. 1 Provides that before a sentencing order is entered by the court for a minor adjudged delinquent for disorderly conduct by transmitting or causing to be transmitted in any manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court may (in the introduced bill, shall) order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility. Senate Committee Amendment No. 1 In the amendatory changes to the Criminal Code of 2012, provides that the requirement for reimbursement of the unit of government for an emergency response only applies to false alarm of a threat that a bomb or explosive device has been placed in the school (rather than any emergency response to the school). Requires a person convicted of a false alarm that a bomb, explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000. Senate Committee Amendment No. 2 In the amendatory changes to the Juvenile Court Act of 1987, provides that neither the physician, clinical psychologist, qualified examiner, or his or her employer shall be held criminally, civilly, or professionally liable for performing a mental health examination before the court enters a sentencing order for a minor adjudicated delinquent for a disorderly conduct violation of making a threat of violence, death, or bodily harm against a person, school, school function, or school event, except for willful or wanton misconduct.

Amends the Illinois Food, Drug, and Cosmetic Act. Provides that it is unlawful for a manufacturer to import for profit, sell, or offer for sale in this State any cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020. Provides exceptions to the prohibition. Provides that a violation of the Act shall be punishable by an initial fine of $5,000 for the first day of each violation and an additional fine of $1,000 for each day the violation continues. Provides that a violation may be enforced by the State's Attorney of the county in which the violation occurred or by the municipal attorney of the municipality in which the violation occurred. Effective immediately. Senate Committee Amendment No. 1 Provides that the provisions concerning cosmetic testing on animals do not apply to animal testing conducted on an ingredient or cosmetic in its final form if the testing took place prior to the effective date of the amendatory Act (rather than if the testing took place prior to January 1, 2020). Senate Committee Amendment No. 2 Replaces a reference to an out-of-state regulatory authority with a foreign regulatory authority. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following change: Removes all references to municipal attorneys.

Amends the Illinois Fire Protection Training Act. Provides that training requirements for permanent employment as a fire fighter shall include training in the history of the fire service labor movement using curriculum and instructors provided by a statewide organization representing professional union firefighter in the State. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Illinois Fire Protection Training Act. Provides that training for firefighters hired under the Illinois Municipal Code and the Fire Protection District Act shall include the history of the fire service labor movement using curriculum provided by a statewide organization representing professional union firefighters in the State. Provides that the organization may also provide instructors. Effective immediately. Fiscal Note, House Committee Amendment No. 1 (State Fire Marshal) This bill will have no fiscal impact on the Office of the Illinois State Fire Marshal. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does create a State mandate. Senate Committee Amendment No. 1 Deletes reference to: 50 ILCS 740/8 Adds reference to: 50 ILCS 740/12.7 new Replaces everything after the enacting clause. Amends the Illinois Fire Protection Training Act. Provides that the Office of the State Fire Marshal shall distribute via its website or other electronic format an educational program for fire fighters in the history of the fire service labor movement provided by a statewide organization representing professional union fire fighters in the State. Provides that entities responsible for the training of fire fighters may request that the training program be presented in person by a statewide organization representing professional union fire fighters by contacting the organization. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 50 ILCS 740/12.7 new Adds reference to: 50 ILCS 740/12.6 new Replaces everything after the enacting clause. Amends the Illinois Fire Protection Training Act. Provides that the Office of the State Fire Marshal shall maintain on its website a link to an educational program or literature for fire fighters in the history of the fire service labor movement. Provides that the training shall be completed by each fire fighter. Provides that entities responsible for the training of fire fighters may request that such educational program be presented in person by a statewide organization representing professional union fire fighters in the State. Defines "fire fighter". Effective immediately.

Creates the Home Birth Maternity Care Crisis Study Committee to provide the General Assembly a consumer-focused, evidence-based solution to the Illinois Home Birth Maternity Care Crisis. House Floor Amendment No. 1 Changes the date that the final report is due.

Amends the Illinois Police Training Act concerning certification by the Illinois Law Enforcement Training Standards Board. Provides that if the certification is not completed during the initial 6-month period or under the 90-day extension, the applicant must wait one full calendar year before testing becomes available again under that same agency. Provides that if an applicant is hired with another department, that recruit must wait one full calendar year with the original department he or she tested with prior to a lateral transfer. Makes technical changes. House Floor Amendment No. 1 Adds reference to: 50 ILCS 705/6 from Ch. 85, par. 506 50 ILCS 705/6.1 50 ILCS 705/10.2 Replaces everything after the enacting clause. Amends the Illinois Police Training Act. Requires denial to an applicant for admission to a certified academy or decertification of a full-time or part-time police officer if the person has entered a plea guilty to (currently, only convicted of) a felony or certain specified misdemeanor offenses. Provides that the Illinois Law Enforcement Training Standards Board's investigators are peace officers and have all the powers possessed by policemen in cities and by sheriff's, and these investigators may exercise those powers anywhere in the State. Provides that an investigator shall not have peace officer status or exercise police powers unless he or she successfully completes the basic police training course mandated and approved by the Board or the Board waives the training requirement by reason of the investigator's prior law enforcement experience, training, or both. Provides that the Board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn officer of a local, State, or federal law enforcement agency. Provides that any hiring agency that fails to train a law enforcement officer within this period shall be prohibited from employing this individual in a law enforcement capacity for one year from the date training was to be completed. Provides that if an agency again fails to train the individual a second time, the agency shall be permanently barred from employing this individual in a law enforcement capacity. Makes conforming and technical changes.

Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of a concealed weapon. Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and qualified retired State correctional officers and county correctional officers to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Provides that currently employed and qualified retired State correctional officers and county correctional officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Limited to correctional officers who have custody and control over inmates in an adult correctional facility. Effective immediately.

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 2 Deletes reference to: 625 ILCS 5/1-100 Adds reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that a person shall not sell or offer at auction salvage vehicles to a nonresident individual or business in the United States unless the nonresident is licensed in another state or jurisdiction, provides a National Motor Vehicle Title Information System (NMVTIS) number, a social security number or federal employment identification number, and resale tax certificate, if applicable. Provides that a person in the State shall not sell or offer at auction salvage vehicles to an out-of-country buyer unless the out-of-country buyer is licensed in its jurisdiction as a recycler or rebuilder and provides a foreign license number, passport, or other form of identification issued by the foreign jurisdiction. Provides that an out-of-country buyer who provides a business address not within the sovereign boundaries of the United States shall receive a title stamped with the designation of "export only" at the point of sale. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that no person in the State shall sell at auction a salvage vehicle to a nonresident individual or business licensed in the United States unless the nonresident, in addition to being licensed in another state or jurisdiction, provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, federal employer identification number, or government-issued driver's license or passport. Provides that a person in the State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity. Provides that an out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT". House Floor Amendment No. 1 Deletes reference to: 625 ILCS 5/1-154.7 625 ILCS 5/5-302 from Ch. 95 1/2, par. 5-302 Adds reference to: 30 ILCS 105/5.891 new 625 ILCS 5/11-709 from Ch. 95 1/2, par. 11-709 625 ILCS 5/11-907 from Ch. 95 1/2, par. 11-907 625 ILCS 5/11-907.5 705 ILCS 135/15-70 720 ILCS 5/9-3 from Ch. 38, par. 9-3 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1 730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2 730 ILCS 5/5-5-3.2 Replaces everything after the enacting clause. Dedicates the Act to the memory of Lieutenant Scott Gillen, Trooper Brooke Jones-Story, and Trooper Christopher Lambert. Amends the State Finance Act. Creates the Scott's Law Fund as a special fund in the State treasury. Amends the Illinois Vehicle Code. Provides that, when approaching a stationary authorized emergency vehicle, if changing lanes would be impossible or unsafe, a person shall proceed with due caution, reduce the speed of the vehicle maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that, when approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall, proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the disabled vehicle, if possible with due regard to safety and traffic conditions, or, if changing lanes would be impossible or unsafe proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary vehicles. Provides that a person who violates provisions prescribing how to safely approach an authorized emergency vehicle commits a business offense punishable by a minimum fine of $250 and not more than $10,000 for the first violation and a fine of not less than $750 or more than $10,000 for the second or subsequent violation (instead of a fine of not less than $100 or more than $10,000), and (i) if the violation results in damage to another vehicle, the person commits a Class A misdemeanor; and (ii) if the violation results in the injury or death of another person, the person commits a Class 4 felony. Provides that commission of the offense of reckless homicide while committing a violation of the Section concerning proper approach of a stationary authorized emergency vehicle shall be afforded as a factor in aggravation and extended-term sentencing. Provides that the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of the Section concerning proper approach of a stationary authorized emergency vehicle, and for other law enforcement purposes the Director deems necessary for such efforts. Provides that, for violations issued by a county or municipal police officer, the assessment shall be deposited into the county or municipality's Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. Provides that the county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. Amends the Criminal and Traffic Assessment Act. Imposes a conditional assessment of $250 for a violation of provisions prescribing how to safely approach an authorized emergency vehicle. Amends the Criminal Code of 2012. Provides that a person who commits reckless homicide while violating provisions prescribing how to safely approach an authorized emergency vehicle shall be sentenced to a term of not less than 3 years and not more than 14 years, or, if the person caused the deaths of 2 or more persons, not less than 6 years and not more than 28 years. Makes other changes. Amends the Unified Code of Corrections. Provides that a person charged with violating provisions prescribing how to safely approach an authorized emergency vehicle is not eligible for supervision.

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the zipper merge method when merging into a reduced number of lanes (drivers in merging lanes are expected to use both lanes to advance to the lane reduction point and merge at that location, alternating turns). House Floor Amendment No. 2 Adds reference to: 625 ILCS 5/6-109 625 ILCS 5/11-907.1 new Replaces everything after the enacting clause with the provisions of the engrossed bill, and further amends the Illinois Vehicle Code. Provides that the Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle. Creates the Move Over Task Force to study the issue of violations of the provisions of the Code prescribing how to safely enter a highway construction zone, approach a disabled vehicle, and approach an authorized emergency vehicle. Prescribes membership for the Task Force. Provides that the Task Force shall meet no fewer than 3 times and shall present its report and recommendations to the General Assembly no later than January 1, 2020. Repeals the Task Force on January 1, 2021. House Floor Amendment No. 3 Adds to the Move Over Task Force one representative, appointed by the Governor, from a bona fide labor organization representing certified road flaggers and other road construction workers.

Amends the Illinois Vehicle Code. Provides that any person who commits a violation of the Section prohibiting the operation of an electronic communication device while operating a motor vehicle, and the violation results in an accident causing great bodily harm to any person, shall have his or her driver's license suspended for a period of one year and shall be assessed a fine of $1,000. Effective immediately. House Floor Amendment No. 2 Adds reference to: 625 ILCS 5/6-206 Provides that the Secretary of State may suspend or revoke the driving privileges of a person who has committed a violation involving the use of an electronic communication device while driving that resulted in great bodily harm, permanent disability or disfigurement, and that in such case the driving privileges of the person shall be suspended for 12 months. Provides that a person who commits a violation of the Section prohibiting the operation of an electronic communication device while operating a motor vehicle, and the violation results in an accident causing great bodily harm to any person, shall be subject to a minimum fine of $1,000 (instead of shall have his or her driver's license suspended for a period of one year and shall be assessed a fine of $1,000). Changes the effective date to July 1, 2020.