Sen. Emil Jones

Creates the Compassionate Use and Research of Entheogens Act. Establishes the Illinois Psilocybin Advisory Board within the Department of Financial and Professional Regulation for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Provides that the Department shall begin receiving applications for the licensing of persons to manufacture or test psilocybin products, operate service centers, or facilitate psilocybin services. Contains licensure requirements and prohibitions. Provides that a licensee or licensee representative may manufacture, deliver, or possess a psilocybin product. Provides that the Department may obtain, relinquish, or dispose of psilocybin products to ensure compliance with and enforcement of the Act and rules adopted under the Act. Creates the Psilocybin Control and Regulation Fund and the Illinois Psilocybin Fund and makes conforming changes in the State Finance Act. Requires the Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of Revenue to perform specified duties. Contains provisions concerning rulemaking, taxes, fees, zoning, labeling, and penalties. Preempts home rule powers. Contains other provisions. Amends the Criminal Identification Act. Changes the dates by which specified records for minor cannabis offenses shall be automatically expunged. Provides for expungement of specified records concerning the possession of psilocybin and psilocin. Amends the Illinois Controlled Substances Act. Removes psilocybin and psilocin from the list of Schedule I controlled substances. Amends the Illinois Independent Tax Tribunal Act of 2012. Provides that the Tax Tribunal shall have original jurisdiction over all determinations of the Department of Revenue reflected on specified notices issued under the Compassionate Use and Research of Entheogens Act. Amends the Freedom of Information Act to exempt specific records from disclosure. Effective immediately.

Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a person to advertise, display, or offer a price for goods or services that does not include all mandatory fees and charges other than: (1) taxes or fees imposed by a unit of government on the transaction; and (2) postage or carriage charges that will be reasonably and actually incurred to ship the physical goods to the consumer. Provides that specified transactions are excluded from the provision.

Amends the Genetic Information Privacy Act. Provides that in accordance with the Sexual Assault Evidence Submission Act, genetic information derived from reference specimens of DNA from: (1) a victim of a sexual assault crime or alleged sexual assault crime; (2) known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion: and (3) any profiles developed from those samples, may be used only for purposes directly related to the investigation of the sexual assault crime or alleged sexual assault crime through which the victim's genetic information was obtained. Amends the Sexual Assault Evidence Submission Act. Establishes procedures for the use by law enforcement of known reference specimens of DNA from a victim of a sexual assault crime or alleged sexual assault crime, and to known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion, and to any profiles developed from those samples. Adds various definitions to the Act.

Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a Uniform Statewide Crime Statistics Task Force within 90 days after the effective date of the amendatory Act. Provides for the appointment of the members to the Task Force by the Director of the Illinois State Police. Provides that the Task Force shall meet at least monthly to assist the Illinois State Police in the development and implementation of an integrated software system for gathering and publishing crime data from all law enforcement agencies throughout the State. Requires submission, within one year after the effective date of the amendatory Act, of a final report and recommendations to the Director of the Illinois State Police with, at a minimum, the following information: progress on the development of the integrated software system, what the expected cost would be to implement the integrated software system, and what protocols on accessing and updating the information should be implemented. Dissolves the Task Force and repeals the provisions 2 years after the effective date of the amendatory Act.

Amends the School Code. Provides that a nonpublic school may not engage in slapping or paddling a student, the prolonged maintenance of a student in a physically painful position, or the intentional infliction of bodily harm on a student.

Amends the Medical Practice Act of 1987. Provides that rules adopted by the Department of Financial and Professional Regulation concerning light emitting devices for patient care or treatment shall not require a delegating physician to be present in person to supervise a laser hair removal consultation, examination, or procedure if the laser hair removal consultation, examination, or procedure is performed in an office or practice setting by a physician assistant, advanced practice registered nurse, registered nurse, or licensed practical nurse and the delegating physician is available by two-way, real-time interactive communication.

Amends the Energy Assistance Act. Removes the January 1, 2025 repealer date for the Supplemental Low-Income Energy Assistance Fund. Effective immediately.

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.

Amends the Children and Family Services Act. In provisions requiring the Department of Children and Family Services to submit annual reports to the General Assembly regarding youth in care waiting for placement or psychiatric hospitalization, expands the information required in the reports to include the number of youth in care who remained overnight in temporary living spaces not authorized under the Child Care Act of 1969 solely because the Department cannot locate an appropriate placement for the youth. Provides that temporary living spaces not authorized under the Child Care Act of 1969 include, but are not limited to, Department or private agency offices or welcome centers. Defines "remaining overnight" to mean being present in the temporary living space at 1:00 a.m. Provides that at a minimum, the report shall include the following information regarding each youth: age, region, date of stay, length of time the youth was in the temporary living space, date and time the youth was moved from the temporary living space, the reason for the youth remaining overnight, and the type of placement or setting the youth was in immediately after leaving the temporary living space. Requires the report to reflect the number of unique youth involved, the number of episodes that occurred fitting the criteria, and the number of unique youth involved in multiple episodes. Effective immediately.