Sen. Ann Gillespie

Amends the Criminal Identification Act. Provides that, in anticipation of the successful completion of a diversion program, a petitioner may file a petition for expungement at least 61 days before the anticipated dismissal of the case. Provides that, if a petition is filed, and upon the successful completion of the diversion program and dismissal of the case, the court shall review the petition and shall grant expungement if the petitioner meets all requirements. Amends the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act to make conforming changes.

Amends the Firearms Restraining Order Act to include in the definition of "petitioner" an intimate partner. Amends the Protective Orders Article of the Code of Criminal Procedures of 1963 and the Illinois Domestic Violence Act of 1986. Provides that, if the petitioner seeks a court order prohibiting the respondent from possessing firearms, firearm ammunition, and firearm parts that could be assembled to make an operable firearm, the court shall immediately issue a search warrant directing seizure of firearms at the time an ex parte or final order of protection is issued, if the court finds, based on the facts presented that: (1) probable cause exists that the respondent possesses firearms, ammunition, or firearm parts that could be assembled to make an operable firearm; (2) probable cause exists to believe that the respondent poses a danger of causing personal injury to the petitioner or child by having in the respondent, custody or control, or by purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm and that the danger is imminent and present; and probable cause exists that firearms, ammunition, or firearm parts that could be assembled to make an operable firearm are located at the residence, vehicle, or other property of the respondent.

Amends the General Not For Profit Corporation Act of 1986. Provides that the Secretary of State shall include data fields on its annual report form that allows a corporation to report, at its discretion, the aggregated demographic information of its directors and officers, including race, ethnicity, gender, disability status, veteran status, sexual orientation, and gender identity. Provides that, within 30 days after filing its annual AG990-IL Charitable Organization Annual Report, a corporation that reports grants of $1,000,000 or more to other charitable organizations shall post on its publicly available website, if one exists, the aggregated demographic information of the corporation's directors and officers, including race, ethnicity, gender, disability status, veteran status, sexual orientation, and gender identity. Provides that the aggregated demographic information shall be accessible on the corporation's publicly available website for at least 5 years after it is posted. Provides that the Department of Human Rights shall work with community partners to prepare and publish a standardized list of demographic classifications to be used by the Secretary of State and corporations for the reporting of the aggregated demographic information. Provides that, in collecting the aggregated demographic information, a corporation shall allow for an individual to decline to disclose any or all personal demographic information to the corporation. Effective January 1, 2025.

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.

Creates the Natural Organic Reduction Regulation Act. Provides that any person doing business in this State, or any cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity, may erect, maintain, and operate a natural organic reduction facility in the State and provide the necessary appliances and facilities for the natural organic reduction of human remains in accordance with the Act. Provides that an individual or a person, cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or other entity may reduce human remains only in a natural organic reduction facility operated by a disposition authority licensed for this purpose and only under the limitations provided in the Act. Provides for: grounds for denial or discipline; surrender of a license; license, display, transfer; authorizing agent; authorization for natural organic reduction; performance of natural organic reduction services, training; recordkeeping; natural organic reduction procedures; disposition of reduced human remains; limitation of liability; hazardous implants; penalties; failure to file an annual report; injunctive action, cease and desist order; service of notice; investigations, notice and hearing; compelling testimony; administrative review, venue, certification of record, costs; and preneed of natural organic reduction arrangements.

Amends the Illinois Vehicle Code. Provides that a person who is convicted of obscene depiction of a purported child is ineligible to receive a school bus driver permit. Amends the Criminal Code of 2012. Provides that "child pornography" includes the depiction of a part of an actual child under 18 who by manipulation, creation, or modification, appears to be engaged in sexual activity. Creates the offenses of obscene depiction of a purported child and non-consensual dissemination of sexually explicit digitized depictions. Defines offenses and provides criminal penalties for violations. Amends the Code of Criminal Procedure of 1963. Provides for the forfeiture to the State: (1) of any profits or proceeds and any property the person has acquired or maintained in violation of those offenses; (2) any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of those offenses; and (3) any computer that contains an obscene depiction of a purported child. Amends the Bill of Rights for Children. Provides that under certain conditions, the parent or legal guardian of a child who is the victim of obscene depiction of a purported child may make a victim's impact statement on the impact which the defendant's criminal conduct or the juvenile's delinquent conduct has had upon the child. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for specified violations of the offense of obscene depiction of a purported child. Provides for enhanced penalties for specified violations of obscene depiction of a purported child. Provides that the court shall impose a consecutive sentence when the defendant is convicted of specified violations of the offense of obscene depiction of a purported child. Amends the Sex Offender Registration Act to provide that a person convicted of obscene depiction of a purported child must register as a sex offender.

Amends the Whistleblower Act. Changes the definitions of "employer" and "employee". Defines "adverse employment action", "public body", "retaliatory action", and "supervisor". Provides that an employer may not take retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, or practice of the employer that the employee has a good faith belief that such activity, policy, or practice violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety. Includes additional relief, damages, and penalties for violation of the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person or entity is engaged in a practice prohibited by the Act. Provides that the changes made by the amendatory Act apply to claims arising or complaints filed on or after January 1, 2025. Effective January 1, 2025.

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. Effective immediately.

Amends the Substance Use Disorder Act. Requires the Department of Human Services to (i) establish a new intervention license category entitled "OPS Harm Reduction Services", (ii) establish standards for entities to become licensed under the OPS Harm Reduction Services category, and (iii) create a licensing application process. Provides that, notwithstanding any other law, ordinance, or regulation, any entity licensed as an OPS Harm Reduction Services provider may operate an overdose prevention site as authorized by the Department. Requires the Department to make a determination as to whether to approve an entity's application for an OPS Harm Reduction Services license within 4 weeks after the date upon which the entity submitted its application to the Department. Requires the Department to help educate local communities and public and private entities about overdose prevention sites and the evidence regarding the benefits of overdose prevention sites. Requires entities approved to operate an overdose prevention site to, at a minimum, provide a hygienic space where participants may consume pre-obtained substances, maintain a supply of naloxone and oxygen on-site, employ staff trained to administer first aid to participants who are experiencing an overdose, provide secure hypodermic needle and syringe disposal services, encourage drug checking or the use of fentanyl test strips, and other services. Requires licensed entities to submit a report to the Department on the number of participants who have received or are receiving services at the overdose prevention site and other matters. Grants immunity from civil or criminal liability to specified persons. Preempts home rule powers.

Creates the Build Illinois Homes Tax Credit Act. Provides that owners of qualified low-income housing developments are eligible for credits against the taxes imposed by the Illinois Income Tax Act or taxes, penalties, fees, charges, and payments imposed by the Illinois Insurance Code. Amends the Illinois Income Tax Act and the Illinois Insurance Code to make conforming changes. Effective immediately.