Sen. Elgie Sims

Amends the Criminal Identification Act. Provides that a petitioner may file a petition to vacate and expunge certain felony possession violations under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. Amends the Counties Code. Provides that the States Attorney's office of each county shall report annually to the Sentencing Policy Advisory Council certain information regarding each person whose case was disposed under the Illinois Controlled Substances Act, the Cannabis Control Act, and the Methamphetamine Control and Community Protection Act. Amends the Illinois Controlled Substances Act. Provides that notwithstanding any provision of the statute prohibiting the knowing manufacture, delivery, or intent to manufacture or deliver a controlled substance to the contrary, this provision does not apply to possession with intent to deliver an amount of a controlled or counterfeit substances or controlled substance analogs for which possession is classified as a Class A misdemeanor. Reduces the penalties for the knowing manufacture or delivery, possession with intent to manufacture or deliver, or possession of certain specified controlled substances. Reduces the penalties for the knowing possession of certain specified controlled substances. Amends the Unified Code of Corrections and the Code of Civil Procedure to make conforming changes.

Amends the Code of Civil Procedure. Provides that any person criminally prosecuted and incarcerated for 30 days or longer prior to trial for one or more felonies by the State which he or she did not commit may file a petition for a certificate of innocence. Provides that the petitioner must prove that: the petitioner was incarcerated prior to trial in a prosecution that resulted in an acquittal or dismissal; the prosecution did not result in a conviction of a lesser included offense; the petitioner is innocent of the charges on which the petitioner's pretrial detention was based, or the charges did not constitute a felony or misdemeanor; and the petitioner did not by his or her own conduct voluntarily cause or bring about the charges that resulted in his or her pretrial incarceration. Amends the Court of Claims Act. Provides that a person who has been issued a certificate of innocence may file a claim against the State for time unjustly served in pretrial incarceration in a county jail. Provides that the Court of Claims 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 (rather than "the amount of the award is at the discretion of the court; and provided, the court shall make no award in excess of the following amounts: for imprisonment of 5 years or less, not more than $85,350; for imprisonment of 14 years or less but over 5 years, not more than $170,000; for imprisonment of over 14 years, not more than $199,150"). Provides that the court shall include the number of years the person was imprisoned awaiting trial in its determination and an additional $25,000 for each year served on parole, probation, or registered as a sex offender after imprisonment. Makes corresponding changes. Effective immediately.

Provides that the Act may be referred to as the Supporting Special Needs Students Law. Amends the School Code. When computing certain completion rates, requires the State Superintendent of Education to exclude students who: are at least 18 years of age as of September 1 of the school year as reported for the fall semester and have satisfied the credit requirements for high school graduation; have not completed their individualized education program; and are enrolled and receiving individualized education program services. Provides that, beginning with the 2026-2027 school year, in high school districts in counties with populations greater than 800,000 but less than 4,000,000 where there are 2 high schools individually serving grades 9 through 12 and where enrollment is less than 2,500 at any school, enrollment shall be balanced across high schools within the district equally, not to exceed a 15% enrollment difference when averaged over the previous 3 consecutive years.

Amends the Cigarette Tax Act. Makes changes concerning the distribution of moneys collected pursuant to (i) the Cigarette Tax Act, (ii) the Cigarette Use Tax Act, and (iii) the tax imposed on little cigars under the Tobacco Products Tax Act of 1995. Effective immediately.

Makes specified appropriations to the Legislative Information System, Legislative Printing Unit, Legislative Audit Commission, Legislative Reference Bureau, Joint Committee on Administrative Rules, Architect of the Capitol, and Legislative Ethics Commission, and Legislative Inspector General for their ordinary and contingent expenses in the fiscal year beginning on July 1, 2023. Effective July 1, 2023.

Makes appropriations to the Office of the Attorney General for the fiscal year ending June 30, 2024. Effective July 1, 2023.

Makes appropriations for the ordinary and contingent expenses of the Department of Innovation and Technology for the fiscal year beginning July 1, 2023, as follows: General Funds $137,700,000. Other State Funds $790,200,000. Total $927,200,000.

Recognizes the 2023 Alpha Phi Alpha Day held at the Illinois State Capitol and welcomes the members of Alpha Phi Alpha to the Capitol. Declares April 19, 2023 as Alpha Phi Alpha Day.

Makes appropriations for the ordinary and contingent expenses of the Illinois Emergency Management Agency for the fiscal year beginning July 1, 2023, as follows: General Funds $41,148,100; Other State Funds $562,984,000; Federal Funds $1,776,773,671; Total $2,380,905,771.

Creates the Digital Forgeries Act. Provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (1) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (2) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (3) in order to incite violence or interfere with an official proceeding. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.