Amends the Code of Criminal Procedure of 1963. Provides that a defendant who, prior to the effective date of the amendatory Act, had been barred by time limitations from filing a motion to vacate because the court failed to advise the defendant and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, may pursue the following remedies. Provides that any person, regardless of criminal custody status, may file a petition to vacate a conviction or sentence if the person asserts any of the following reasons: (1) the conviction or sentence is legally invalid due to prejudicial error damaging the petitioner's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence; or (2) newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice. Establishes time periods for filing the petition and establishes when the petitions are not timely filed. Provides that there is a presumption of legal invalidity if the petitioner pleaded guilty or nolo contendere under a statute that provided that, upon completion of specific requirements, the arrest and conviction shall be deemed never to have occurred, if the petitioner complied with these requirements, and if the disposition under the statute has been, or potentially could be, used as a basis for adverse immigration consequences. Provides that crime victims shall be given notice by the State's Attorney's office of petitions filed under this provision as required in the Rights of Crime Victims and Witnesses Act. Provides that remedies under this provision shall apply to convictions and sentences in existence prior to the effective date of the amendatory Act.
Sponsored bills
Amends the Criminal Identification Act. Creates procedures for a medical facility, physician, or nurse to report a sexual assault when the sexual assault survivor requests treatment at the medical facility.
Amends the Environmental Protection Act. Defines terms. Provides that, beginning January 1, 2025, a retail establishment may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Exempts specified entities from the prohibition until one year after the amendatory Act's effective date. Effective immediately.
Amends the Nursing Home Care Act. Provides that a facility shall not take any retaliatory action against a resident of the facility because the resident (1) complains, discloses, or threatens to disclose to a supervisor, a public body, or any other person an activity, inaction, policy, or practice implemented by a facility that the resident reasonably believes is in violation of a law or rule, or regulation or that the resident believes to be problematic; (2) provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator; (3) assists or participates in a proceeding to enforce the provisions of the Act; (4) seeks assistance for himself or herself or others to transition to independent living or another setting outside of their current nursing home; (5) makes a request of the facility related to the resident's care; (6) becomes a member of a resident council, resident union, or similar organization; or (7) takes any other good faith action in support of any other right or remedy provided by law. Describes remedies that may be awarded to a resident of a facility for a violation of these requirements. Authorizes a claim of retaliation under the Act to be filed in any court of competent jurisdiction or any administrative hearing process conducted by the State and its agencies or departments with jurisdiction to hear complaints by employees or residents against nursing homes.
Amends the Criminal Code of 2012. Changes the names of the offenses of unlawful use of weapons, unlawful use of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon, being an armed habitual criminal, unlawful use of firearm projectiles, and unlawful use of a firearm in the shape of a wireless telephone to unlawful possession of weapons, unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful possession of a weapon, persistent unlawful possession of a weapon, unlawful possession of firearm projectiles, and unlawful possession of a firearm in the shape of a wireless telephone. Provides that if any person before the effective date of the amendatory Act has been arrested, charged, prosecuted, convicted, or sentenced for unlawful use of weapons, unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon, being an armed habitual criminal, unlawful use of firearm projectiles, or unlawful use of a firearm in the shape of a wireless telephone, the changes of the names and the defendants to unlawful possession of weapons, unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities, aggravated unlawful possession of a weapon, persistent unlawful possession of a weapon, unlawful possession of firearm projectiles, and unlawful possession of a firearm in the shape of a wireless telephone, shall retroactively be made in any criminal background records maintained by the Illinois State Police, law enforcement agencies, clerks of the circuit court, and any other State agencies providing criminal background information to the public under specified timelines. Amends various Acts to make conforming changes. Effective January 1, 2025.
Creates the Family Recovery Plans Implementation Task Force Act. Provides that it is the General Assembly's intent to require a coordinated, public health, and service-integrated response by various agencies within the State's health and child welfare systems to address the substance use treatment needs of infants born with prenatal substance exposure, as well as the treatment needs of their caregivers and families, by requiring the development, provision, and monitoring of family recovery plans. Creates the Family Recovery Plans Implementation Task Force within the Department of Human Services. Sets forth the duties of the Task Force, including reviewing models of family recovery plans that have been implemented in other states; and reviewing and developing recommendations to replace punitive policies with notification policies for health care professionals reporting a positive toxicology screen of a newborn. Contains provisions concerning Task Force membership, meetings, reporting requirements, and other matters. Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to develop a standardized CAPTA notification form that is separate and distinct from the form for written confirmation reports of child abuse or neglect. Provides that a CAPTA notification shall not be treated as a report of suspected child abuse or neglect, shall not be recorded in the State Central Registry, and shall not be discoverable or admissible as evidence in any juvenile court or adoption proceeding unless the named party waives, in writing, his or her right to confidentiality. Repeals a provision requiring the Department to report to the State's Attorney every report of a newborn infant whose blood, urine, or meconium contains a prohibited controlled substance. Amends the Juvenile Court Act of 1987. Removes newborn infants whose blood, urine, or meconium contains any amount of a controlled substance from the list of children presumed neglected or abused under the Act. Makes corresponding changes to a provision listing the types of evidence that constitute prima facie evidence of neglect and to relevant provisions under the Adoption Act. Effective immediately, except that some parts take effect January 1, 2025.
Amends the Illinois Insurance Code. Provides that a health plan shall limit the total amount that a covered person is required to pay for a covered prescription inhaler at an amount not to exceed $25 per 30-day supply and shall limit the total amount that a covered person is required to pay for all covered prescription inhalers at an amount not to exceed $50 in total per 30 days. Provides that coverage for prescription inhalers shall not be subject to any deductible. Provides that nothing in the provisions prevents a health plan from reducing a covered person's cost sharing to an amount less than the cap. Authorizes rulemaking and enforcement by the Department of Insurance. Effective January 1, 2025.
Amends the Illinois Community Reinvestment Act. Provides that the Secretary of Financial and Professional Regulation shall retain qualified persons to design and conduct one or more disparity studies to prepare and report findings and conclusions to the Secretary to: (1) identify and delineate geographies in Illinois exhibiting significant disparities by protected characteristics with respect to: access to financial products or services, including, but not limited to, physical branches of covered financial institutions; and lending and investments by covered financial institutions; and (2) identify policies, procedures, patterns, or practices that have or may have disparate impact or discriminatory effects. Provides that the Secretary shall implement the findings, conclusions, and other results from the study into the examination process as detailed in rule. Provides that the Secretary shall update the disparity studies at least every 4 years, but may require it to be updated more frequently at the Secretary's discretion. Provides that the Secretary may use specified fees to pay for the disparity studies, as necessary. Defines the term "protected characteristic". Effective immediately.
Amends the School Code. In provisions concerning State Global Scholar Certification, provides that 6 units of credit shall be required to achieve State Global Scholar Certification (instead of not specifying how many units of credit are required). Provides for global collaboration or (instead of and) dialogue. Provides that the State Board of Education shall adopt such rules as may be necessary to provide students attending schools that do not currently offer State Global Scholar Certification the opportunity to earn State Global Scholar Certification remotely beginning with the 2026-2027 school year. Sets forth what those rules shall include and other requirements. Provides that a student enrolled in a school district or nonpublic school that awarded State Global Scholar Certification prior to the 2026-2027 school year and offered a course to complete the capstone project requirement prior to the 2026-2027 school year may not earn State Global Scholar Certification remotely.
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Defines "research" to have the meaning that is ascribed to it in HIPAA and the Code of Federal Regulations. Changes the consent form to delete the requirement that the signature of the person giving consent or revocation of a consent does not have to be witnessed by a person who can attest to the identity of the person signing. Provides that records and communications may be disclosed for research in accordance with the requirements set forth under HIPAA and the Code of Federal Regulations.