Amends the Criminal Identification Act. Provides that a petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (1) an order of misdemeanor diversion under the Unified Code of Corrections, and the diversion program was successfully completed by the petitioner; or (2) a conviction for possession of certain specified amounts of a controlled substance; (3) a conviction for possessing less than 5 grams of methamphetamine; or (4) a conviction where the statutory penalty changed as a result of a resentencing hearing under the Code of Criminal Procedure of 1963. Amends the Illinois Controlled Substances Act. Changes the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver, or possession of a controlled substance. Amends the Methamphetamine Control and Community Protection Act. Changes the penalties for methamphetamine delivery or possession. Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence, including a sentence of probation, for an offense for which the statutory penalty has been subsequently reduced under the amendatory Act to petition the trial court that entered the judgment of conviction to request resentencing in accordance with the statutory penalty in effect at the time of the filing of the petition. Amends the Unified Code of Corrections to create a Misdemeanor Diversion Program. Fiscal Note (Admin Office of the Illinois Courts) HB3447 amends the Criminal Identification Act regarding expungements. Based on a review of the bill, it has been determined that the proposed legislation would have no fiscal impact on the state appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.
Sponsored bills
Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that the oath of office for each prospective holder of a State office shall include an affirmation to protect and honor the diversity of the people of Illinois. Effective upon being declared adopted.
Amends the Public Utilities Act. Changes the repeal date for provisions authorizing natural gas surcharges to provide for recovery of costs associated with investments in qualifying infrastructure plants from December 31, 2023 to January 1, 2022.
Amends the Illinois Public Aid Code. Provides that it shall be a matter of State policy that the Department of Healthcare and Family Services shall set nursing facility rates by rule utilizing an evidenced-based methodology that rewards appropriate staffing, quality-of-life improvements for nursing facility residents, including the cessation of payments for rooms with 3 or more people residing in them by January 1, 2027, and the reduction of racial inequities and health disparities for nursing facility residents enrolled in Medicaid. Provides that the new nursing services reimbursement methodology taking effect January 1, 2022, upon federal approval, shall utilize the Patient Driven Payment Model (PDPM) (rather than the RUG-IV 48 grouper model). Sets the statewide base rate for dates of service on and after January 1, 2022 at $85.25. Requires the Department to establish, by rule, a multiplier based on information from the Payroll Based Journal. Provides that, beginning on and after January 1, 2022, the Department shall allocate funding, by rule, for per diem add-ons to the PDPM methodology for each resident with a diagnosis of Alzheimer's disease. Contains provisions concerning funds allocated for certain incentive payments to nursing facilities; emergency rules; payments to improve the quality of care delivered by nursing facilities; long-term care provider assessments; and other matters. Amends the Nurse Agency Licensing Act. Prohibits nurse agencies from entering into covenants not to compete with certified nurse aides. Amends the Illinois Administrative Procedure Act. Permits the Department of Healthcare and Family Services to adopt emergency rules. Effective immediately.
Amends the Adult Protective Services Act. Expands the scope of the Act to include reports of abandonment. Provides that if a mandated reporter has reason to believe an elderly person's death may be the result of abuse, abandonment, or neglect, the matter shall be reported for subsequent referral to the appropriate law enforcement agency and the coroner or medical examiner. Requires a mandated reporter to testify in any resulting administrative hearing. Requires the Department on Aging to offer an annual trauma-informed training program that includes instruction on how trauma impacts caseworkers and other employees who respond to and prevent adult abuse, neglect, exploitation, or abandonment. Requires the Department to implement a demonstration project to allow for the use of a risk assessment tool to assist in identifying elderly persons who may be experiencing elder abuse, abandonment, neglect, or exploitation. Amends the Criminal Code of 2012. Provides that a prosecution for theft by deception of a victim age 60 or older or a person with a disability may be commenced within 7 (rather than 3) years of the last act committed in furtherance of the crime. Concerning the offense of financial exploitation of an elderly person or a person with a disability, expands the scope of "person who stands in a position of trust and confidence" to include a friend or acquaintance of the elderly person or person with a disability who is in a position of trust. Amends the Home Repair Fraud Act. Provides that a person commits aggravated home repair fraud when he or she promises a performance that he or she knows will not be completed at any time during the performance of the service.
Amends the Court of Claims Act. Provides that if a person who has been granted a pardon or issued a certificate of innocence establishes that he or she plead guilty due to a forced confession, the Court of Claims shall make an award of $50,000 per year the person was wrongfully imprisoned and attorney's fees not exceeding 25% of the award granted. Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination of the award and that the court shall include an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Provides that the court shall annually adjust the awards authorized by the new provisions to reflect the increase, if any, in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor, except that no annual increment may exceed 5%. Makes corresponding changes. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Court of Claims Act. Deletes language regarding the amount a court shall award to a person for time unjustly served in prison when the person imprisoned received a pardon on the ground of innocence of the crime for which he or she was imprisoned or he or she received a certificate of innocence. Provides instead that the court shall award $50,000 per year during which the person was wrongfully imprisoned and shall prorate that amount for a fraction of a year that the person was wrongfully imprisoned, including the number of years the person was awaiting trial. Provides that the court shall award attorney's fees in an amount not to exceed 25% of the award granted. Provides that the changes made by the amendatory Act apply to all claims pending or filed on or after the effective date. Fiscal Note (Court of Claims) House Bill 86 could have a cost to the State of Illinois, however no dollar estimate can be given. Under the current statute, award amounts for innocent individuals that were incarcerated are in three tiers, with maximum payouts based on the length of incareration. Each tier could be affected by this amendment, which allows payment of $50,000.00 per year in cases involving coerced confessions. It is not possible to forecast the number of future innocence claims that may be received by the Court of Claims, nor the lengths of incarceration or circumstances surrounding any individual future claim. The Court received approximately 50 certificates in fiscal year 2020 and, to date, over 70 certificates in fiscal year 2021. House Floor Amendment No. 3 Adds an immediate effective date.
Creates the Flavored Electronic Cigarette Ban Act. Prohibits the sale, offering for sale, or possession with intent to sell of any flavored electronic cigarette or related flavor product. Provides an exception for products that have obtained a tobacco product clearance order. Prohibits the ordering or purchasing or shipping of a flavored electronic cigarette or related flavor product to any person in this State. Provides that the Department of Human Services shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Cigarette Tax Act, the Cigarette Use Tax Act, and the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the licenses of entities licensed under those Acts that violate the Flavored Electronic Cigarette Ban Act. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Refers to cigarettes, electronic cigarettes, and related flavor products (instead of only cigarettes) in various defined terms. Includes electronic cigarettes and related flavor products in provisions regarding unlawful shipment or transportation of cigarettes. Effective June 1, 2021.
Amends the Illinois Income Tax Act. Provides that the earned income tax credit shall be: (i) 20% of the federal tax credit for each taxable year beginning on or after January 1, 2023 and prior to January 1, 2024; (ii) 22% of the federal tax credit for each taxable year beginning on or after January 1, 2024 and prior to January 1, 2025; and (iii) 25% of the federal tax credit for each taxable year beginning on or after January 1 2025. Provides that the earned income tax credit is available to persons who have attained the age of 18 but have not yet attained the age of 25 and to persons who are 65 years of age or older, without regard to any age requirements that would otherwise apply to individuals without a qualifying child under federal Internal Revenue Code. Extends the earned income tax credit to individuals filing a return using an individual taxpayer identification number (ITIN). Creates a credit for child dependent tax credit that shall be not less than $600 when combined with the taxpayer's earned income tax credit. Effective immediately.
Amends the Illinois Human Rights Act. Deletes language providing that "employee" does not include members of the immediate personal staffs of elected public officials.
Amends the Banking on Illinois Act. Makes a technical change in a Section concerning findings and declarations of policy.