Sen. Napoleon Harris

Amends the Criminal Identification Act. Provides that the court may order the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for a misdemeanor violation of public indecency. Provides that the court may not order the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for offenses under the Humane Care for Animals Act (rather than Class A misdemeanors under the Act). Eliminates multiple offenses and circumstances of the charge where records may currently be sealed. Effective immediately.

Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning the short title.

Amends the Security Deposit Return Act. Provides that the lessor shall deliver specified receipts or the security deposit, as applicable, to the lessee in person or by postmarked mail directed to the last known address of the lessee or another address provided by the lessee. Provides that if the lessee fails to provide the lessor with a mailing address or electronic mail address, the lessor shall not be held liable for any damages or penalties as a result of the lessee's failure to provide an address. Provides that if a lessor is unable to produce specified receipts for repairs or replacements, or copies thereof, then the lessor may produce an itemized list of the costs of repair or replacements, along with any other evidence the lessor has of that cost.

Amends the Illinois Insurance Code in a provision concerning vehicle protection products. Amends the definition of "vehicle protection product" by including protective chemicals and substances and excluding fuel additives, oil additives, or other chemical products applied to the engine, transmission, or fuel system of a motor vehicle. Provides that no vehicle protection products sold or offered for sale in the State shall be subject to the provisions of the Code or the Service Contract Act unless offered as a service contract under the terms of the Service Contract Act. Amends the Service Contract Act. In provisions concerning the definition of "service contract", makes changes concerning service contract coverage related to protective chemicals, substances, devices, or systems. Establishes requirements for refunds of vehicle protection products. Makes other changes.

Amends the Environmental Protection Act. Provides that no owner or operator of a sanitary landfill that is located within a 25-mile radius of an eligible shingle recycling facility (currently, a site where asphalt roofing shingles are recycled under a Beneficial Use Determination pursuant to specified provisions of the Act) shall accept for disposal loads of whole or processed asphalt roofing shingles. Makes a corresponding change. Defines "eligible shingle recycling facility". Removes language providing that provisions concerning the disposal of asphalt roofing shingles are repealed on February 1, 2018.

Amends the Illinois Highway Code. Provides that money received by the State from the federal government under the Recreational Trails Program shall not be considered for use as aid in construction of highways, and shall not be placed in the "Road Fund" in the State Treasury.

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver who commits aggravated overtaking or passing of a school bus. Creates the offense of aggravated overtaking or passing of a school bus. Adds to the definition of "medical examiner's certificate" an electronic submission of results of an examination conducted by a medical examiner listed on the National Registry of Certified Medical Examiners to the Federal Motor Carrier Safety Administration of a driver to medically qualify him or her to drive. Provides that beginning June 22, 2018, the Secretary shall post to a Commercial Driver License Information System driver record within one business day of electronic receipt from the Federal Motor Carrier Safety Administration certain information about a driver who has certified himself or herself as non-excepted interstate. Provides that the Secretary may waive a general knowledge test waiver for an applicant of a commercial learner's permit if the applicant: (1) is a current resident of this State; (2) is a current or former member of the military services; (3) within one year prior to the application, has been regularly employed in a military position that requires the operation of large trucks; (4) has received formal military training in the operation of a vehicle similar to the commercial motor vehicle the applicant expects to operate; and (5) provides the Secretary with a general knowledge test waiver form certifying that the applicant qualifies for the general knowledge test waiver. Makes conforming changes. Effective immediately.

Amends the Emancipation of Minors Act. Removes language pertaining to homeless minors from provisions governing: purpose and policy; jurisdiction; rights and responsibilities of an emancipated minor; petitions; and hearings. Repeals the definition of "homeless minor" and "youth transitional housing program". Amends the Children and Family Services Act. Provides that services provided by youth transitional housing programs may include a service assessment, individualized case management, and life skills training. Provides that a homeless minor is eligible if certain criteria are met. Provides that if a homeless minor voluntarily leaves or is dismissed from a youth transitional housing program prior to reaching the age of majority, the youth transitional housing program agency shall contact the comprehensive community based youth services agency that provided crisis intervention services to the eligible homeless minor to assist in finding an alternative placement for the minor. Provides that nothing in the new provisions shall be construed to require an eligible homeless minor to acquire the consent of a parent, guardian, or custodian to consent to a youth transitional housing program. Provides that an eligible homeless minor is deemed to have the legal capacity to consent to receiving housing and services from a licensed youth transitional housing program. Contains a statement of purpose.

Amends the Mental Health and Developmental Disabilities Code. Provides that counseling services or psychotherapy on an outpatient basis provided to a minor 12 years of age or older must be provided by, or under the supervision of, a licensed service provider. Provides that until the consent of the minor's parent, legal guardian, or person in loco parentis has been obtained, outpatient counseling or psychotherapy provided to a minor under the age of 18 (rather than 17) shall be initially limited to not more than 8 90-minute sessions (rather than 5 sessions, a session lasting not more than 45 minutes). Provides that after the eighth session, the service provider shall consider specified statutory factors throughout the therapeutic process to determine, through consultation with the minor, whether attempting to obtain the consent of a parent, guardian, or person in loco parentis would be detrimental to the minor's well-being. Provides that obtaining the consent of a parent, guardian, or person in loco parentis shall be presumed to be detrimental to the minor's well-being for counseling services or psychotherapy related to allegations of neglect, sexual abuse, or mental or physical abuse by the minor's parent, guardian, or person in loco parentis. Provides that the minor's parent, guardian or person in loco parentis shall not be liable for the out-of-pocket costs, including co-payments, deductibles, or co-insurance (rather than costs)for outpatient counseling or psychotherapy which is received by the minor without the consent of the minor's parent, guardian, or person in loco parentis.

Amends the Criminal Code of 2012. Provides that a person also commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she commits intimidation, stalking, cyberstalking, or transmission of obscene messages. Provides that independent of any criminal prosecution or the result of a criminal prosecution, any person suffering intimidation, stalking, cyberstalking, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic communications may bring a civil action for damages, injunction or other appropriate relief. Provides that the Attorney General may bring an action for civil damages for a hate crime in the name of the People of the State. Provides that the court shall impose a civil penalty of $25,000 for each violation of the hate crime statute.