Sen. Elgie Sims

Amends the Children and Family Services Act. Requires the Department of Children and Family Services to ensure that every youth in care who is entering his or her final year of high school has completed a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid on or after October 1, but no later than November 1, of the youth's final year of high school. Requires the Department to assist a youth in care in identifying and obtaining all documents necessary to complete a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid.

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 concerning youth in care who are awaiting placement or psychiatric hospitalization (rather than placement), provides that the reports are to be submitted no later than December 31 of each year (rather than on December 31 of each year through December 31, 2023). Requires the reports to be posted on the Department's website and to include specified information, including: (i) the number of youth in care placed in out-of-state residential treatment facilities, whether each youth was referred to any in-state programs for placement and, if so, the number of in-state referrals for each youth prior to referring the youth to out-of-state programs; (ii) the number of youth not in the temporary custody or guardianship of the Department who are the subjects of open child protection cases, intact family cases, or any other types of child welfare case, including, but not limited to, those youth for whom the Department is required to make medical assistance payments because they were hospitalized in inpatient psychiatric hospitals or units and were beyond medical necessity during the Department's involvement with the case; and (iii) the number of youth in care who remain in emergency rooms for longer than 24 hours waiting for admission to a psychiatric hospital bed. Effective immediately.

Creates the Higher Education Fair Admissions Act. Provides that a public institution of higher education may not require applicants who are residents of Illinois to submit standardized college admissions test scores to the institution as a part of the admissions process. Provides that the submission of standardized test scores to the institution shall be at the option of the applicant. Requires the adoption of a policy. Effective January 1, 2022.

Amends the Public Community College Act and the Housing Authorities Act. Permits community colleges and housing authorities to develop affordable housing for community college students. Amends the Illinois Affordable Housing Act. Permits non-exempt local governments to develop affordable housing for community college students in coordination with nonprofit affordable housing developers and housing authorities.

Amends the Courses of Study Article of the School Code. Requires every public elementary school and high school to include in its curriculum a unit of instruction studying the events of Asian American history; contains provisions governing this instruction. Provides that the teaching of history of the United States shall include the study of the wrongful incarceration of Japanese Americans during World War II and the heroic service of the 100th Infantry Battalion and the 442nd Regimental Combat Team of the United States Army during World War II. Senate Floor Amendment No. 2 Deletes reference to: 105 ILCS 5/27-21 Removes the provisions relating to the history of the United States.

Creates the Uniform Electronic Transactions Act. Provides that a contract, record, or signature may not be denied legal effect or enforceability simply because it is in electronic form or an electronic record was used in its formation. Provides that if a law requires a record to be in writing, an electronic record satisfies the law. Provides that if a law requires a signature, an electronic signature satisfies the law. Repeals the Electronic Commerce Security Act. Makes corresponding changes in various laws to conform cross references. Effective immediately. Senate Committee Amendment No. 1 Excludes the Office of the Secretary of State from the scope of the term "governmental agency". Senate Floor Amendment No. 2 Deletes reference to: 15 ILCS 405/14.01 Adds reference to: 15 ILCS 405/14.01 rep. Removes provisions changing the definition of "digital signature" in the State Comptroller Act and repeals that definition.

If and only if House Bill 3653 of the 101st General Assembly, as amended by Senate Amendment No. 2, becomes law, amends the Crime Victims Compensation Act. Changes the dates of application to January 1, 2022 from January 1, 2021 in provisions amending the Crime Victims Compensation Act in House Bill 3653, as amended by Senate Amendment No. 2. Provides that a victim's criminal history or felony status shall not automatically prevent compensation to that victim or the victim's family. Extends the applicant's period for submitting requested information to 45 days (from 30 days). Provides that a final award shall not exceed $45,000 (instead of $27,000) for a crime committed on or after August 7, 2022. Provides that emergency awards may be issued to the applicant for the purpose of paying funeral and burial expenses. Clarifies references to the responsibilities of the Attorney General. Makes grammatical and technical changes. Effective immediately, except for certain provisions that are effective January 1, 2022. Senate Committee Amendment No. 1 Deletes reference to: 740 ILCS 45/2.5 In provisions amending the Crime Victims Compensation Act, deletes a section relating to felons as victims.

Amends the Survivor Support and Trafficking Prevention Article of the Illinois Public Aid Code. Repeals a provision that makes the Article inoperative on and after June 30, 2022. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance for which the statutory penalty has been subsequently reduced or altered may petition the trial court that entered the judgment of conviction to request resentencing or dismissal in accordance with the statutory penalty in effect at the time of the filing of the petition. Provides that upon verified petition for resentencing by the defendant, the trial court that entered the judgment of conviction in a defendant's case may order resentencing at any time after 30 days have passed following the imposition of a sentence under a guilty verdict or a finding of guilt for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance provided: (1) the State's Attorney or other prosecuting attorney is given at least 30-day notice of the filing of the petition seeking resentencing; (2) the statutory penalty for the offense for which the defendant was found guilty or convicted, since his or her plea of guilty or conviction, has been subsequently reduced or altered in a manner that includes, but is not limited to: (A) reducing the minimum or maximum sentence for the offense; (B) granting the court more discretion over the range of penalties available for the offense; or (C) changing the penalties associated with the offense or conduct underlying the offense in any way. House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/116-2.2 new Adds reference to: 725 ILCS 5/123 new Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. Provides that, upon receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. Provides that the court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon. Senate Committee Amendment No. 4 Deletes reference to: 725 ILCS 5/123 new Adds reference to: 725 ILCS 5/116-4 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning preservation of evidence for forensic testing. Senate Floor Amendment No. 5 Deletes reference to: 725 ILCS 5/116-4 Adds reference to: 5 ILCS 315/14 from Ch. 48, par. 1614 20 ILCS 2610/17c 20 ILCS 5165/4-10 20 ILCS 5165/4-15 50 ILCS 705/7 from Ch. 85, par. 507 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/10.6 50 ILCS 705/10.17 50 ILCS 706/10-15 50 ILCS 706/10-20 50 ILCS 709/5-12 55 ILCS 5/3-6041 55 ILCS 5/3-15003.8 65 ILCS 5/11-5.1-2 65 ILCS 5/1-2-12.1 rep. 720 ILCS 5/7-5 from Ch. 38, par. 7-5 720 ILCS 5/7-5.5 720 ILCS 5/7-15 720 ILCS 5/7-16 720 ILCS 5/31-1 from Ch. 38, par. 31-1 720 ILCS 5/33-9 725 ILCS 5/103-3 from Ch. 38, par. 103-3 725 ILCS 5/108-8 from Ch. 38, par. 108-8 725 ILCS 5/110-5 from Ch. 38, par. 110-5 725 ILCS 5/110-5.1 rep. 725 ILCS 5/110-6.3 rep. 725 ILCS 5/110-6.5 rep. 725 ILCS 5/110-7 rep. 725 ILCS 5/110-8 rep. 725 ILCS 5/110-9 rep. 725 ILCS 5/110-13 rep. 725 ILCS 5/110-14 rep. 725 ILCS 5/110-15 rep. 725 ILCS 5/110-16 rep. 725 ILCS 5/110-17 rep. 725 ILCS 5/110-18 rep. 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/3-6-7.3 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4 730 ILCS 125/17.7 730 ILCS 210/3-5 Replaces everything after the enacting clause. Amends the State Police Act. In a provision concerning the military equipment surplus program, changes the definition of "grenade launcher" and "tracked armored vehicle". Amends the Task Force on Constitutional Rights and Remedies Act. In a provision concerning task force members, deletes language providing for the responsibility of appointing a chairperson. Amends the Illinois Police Training Act. Provides that all mandated training will be provided for at no cost to the employees, and that employees shall be paid for all time spent attending mandated training. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that officer-worn body cameras may be turned off when the officer is inside a correctional facility or courthouse which is equipped with a functioning camera system. Provides that a law enforcement officer shall not have access to or review his or her body-worn camera recordings, the body-worn camera recordings of another officer, or any other recordings prior to completing incident reports or other documentation under specified circumstances. Provides that notwithstanding provisions of the Illinois Freedom of Information Act, a law enforcement agency receiving a complaint made against a law enforcement officer will provide an opportunity for the complainant to view the available recordings from a body worn camera system pertaining to the incident as soon as practical and prior to the complainant finalizing their complaint, if so requested by the complainant. Amends the Uniform Crime Reporting Act. Defines a "mental health crisis". Amends the Counties Code. Makes changes to a provision concerning the military equipment surplus program. Amends the Criminal Code of 2012. Provides that a peace officer is not justified in using force likely to cause death or great bodily harm when there is no longer an immediate threat of great bodily harm to the officer or another. In a provision concerning prohibited use of force by a peace officer, provides that "chokehold" does not include any holding involving contact with the neck that is not intended to reduce the intake of air. Places restrictions on the use of chemical agents or irritants. In a provision concerning the duty to intervene, replaces a reference to a person acting on behalf of a peace officer with a reference to a person acting under the color of law. Amends the Code of Criminal Procedure. Amends the Unified Code of Corrections. Makes changes in a provision concerning rules and regulations for sentence credit concerning participation in certain programs, assignments, and activities. Makes changes in a provision concerning committed person post-partum recovery requirements. Makes changes in a provision concerning mandatory supervised release. Amends the Reporting of Deaths in Custody Act. Makes changes in a provision concerning the report of deaths of persons in custody in correctional institutions. Delays the effective date of various provisions changed by Public Act 101-652. Makes other changes. Contains a severability clause. Effective immediately.

Amends the State Treasurer Act. Establishes the Illinois Higher Education Savings Program as a part of the College Savings Pool (currently, not a part of the College Savings Pool), subject to appropriation by the General Assembly. Requires the Department of Public Health and the Department of Revenue to provide the State Treasurer with specified information concerning eligible children under the Program. Modifies provisions concerning seed funds, unclaimed seed funds, and incentives and partnerships. Establishes the Illinois Higher Education Savings Program Fund as a special fund in the State treasury (currently, held outside of the State treasury). Amends the Illinois Income Tax Act. Provides that the Director of Revenue may exchange information with the State Treasurer's Office for the purpose of administering the Illinois Higher Education Savings Program. Amends the State Finance Act to provide for the Illinois Higher Education Savings Program Fund. Modifies defined terms. Makes conforming and other changes. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 15 ILCS 505/16.8 30 ILCS 105/5.935 new 35 ILCS 5/917 Adds reference to: 20 ILCS 5/5-15 was 20 ILCS 5/3 Replaces everything after the enacting clause. Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section creating the civil administrative agencies. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 5/5-15 Adds reference to: 20 ILCS 405/405-535 20 ILCS 405/405-540 30 ILCS 500/5-7 30 ILCS 500/20-10 30 ILCS 500/20-15 30 ILCS 500/20-30 30 ILCS 500/20-60 30 ILCS 500/40-20 30 ILCS 574/40-10 30 ILCS 575/2 30 ILCS 575/4 from Ch. 127, par. 132.604 30 ILCS 575/4f 30 ILCS 575/5 from Ch. 127, par. 132.605 30 ILCS 575/5.5 30 ILCS 575/7 from Ch. 127, par. 132.607 30 ILCS 575/8 from Ch. 127, par. 132.608 30 ILCS 575/8k P.A. 101-657, Sec. 99-99 Replaces everything after the enacting clause. Amends the Illinois Procurement Code. Modifies provisions concerning the powers and duties of the Commission on Equity and Inclusion to specify that its powers relate to procurements and contracts for the purpose of diversity, equity, and inclusion. Further modifies powers and duties of the Commission concerning the review of proposals, bids, or contracts, and the issuance of recommendations. Modifies provisions concerning competitive sealed bidding and proposals to make changes concerning the award of contracts and methods of scoring. Requires the chief procurement officer to adopt rules regarding the use of contractors certified in the Business Enterprise Program in emergency and quick purchase procurements. Provides that if a State agency determines that a vendor made good faith efforts towards meeting contract goals, the agency may issue a waiver after concurrence by the chief procurement officer. Provides for the joint review and objection of a proposed lease procurement by the Procurement Policy Board and the Commission on Equity and Inclusion. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides for the transfer of the various functions, powers, and duties of the Department of Central Management Services regarding the Business Enterprise Program to the Commission on Equity and Inclusion. Makes changes concerning requirements for the awarding of State contracts under the Act, requests for and granting of waivers under the Act, and enforcement of the Act with remedies and sanctions. Changes the effective date of certain provisions of Public Act 101-657. Makes conforming and other changes. Effective immediately.