Sen. John J. Millner

Amends the Criminal Code of 1961. Provides that if a person is charged with criminal sexual abuse or aggravated criminal sexual abuse, the prosecuting State's Attorney shall seek an order from the court to compel the accused to be tested for a sexually transmissible disease, including a test for infection with HIV. Presently, the test is only required for persons charged with criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child.

Amends the Illinois Vehicle Code. Provides that, if a law enforcement officer has probable cause to believe that a vehicle driven by a person suspected of driving under the influence of alcohol, drugs, or intoxicating compounds has caused death or personal injury (rather than the death of or personal injury to another) or if the officer has probable cause to believe that the suspect has committed a previous DUI violation, the suspect shall submit to chemical testing at the officer's request. Provides that the provision does not restrict the ability of a law enforcement officer to obtain a search warrant upon a showing of probable cause and does not restrict the ability of a law enforcement officer to rely on any recognized exception to the warrant requirement.

Amends the Unified Code of Corrections. Includes in the requirements of submission of blood, saliva, and tissue samples for analysis and inclusion in the genetic marker grouping analysis database maintained by the Department of State Police a person found not guilty by reason of insanity for certain qualifying offenses or inchoate offenses. Includes in the definition of "qualifying offense" any offense or inchoate offense that is a felony. Provides that a person found not guilty by reason of insanity for certain specified sex offenses or for a violation of the Hypodermic Syringes and Needles Act must undergo medical testing to determine whether the defendant has any sexually transmissible disease, including a test for infection with HIV or any other identified causative agent of AIDS. Present law requires the mandatory medical testing only for persons who have been convicted of any of these offenses.

Amends the Property Tax Extension Limitation Law in the Property Tax Code. In a Section concerning referendum requirements for new rates or increased rates, provides that a new rate is any rate for a fund for which the taxing district has never levied in the past. Provides that rates that are subject to a backdoor referendum in each year there is a levy are treated as not new rates or rate increases if a levy has not been made for the fund in one or more of the preceding 3 levy years (now, the rates are not new rates or rate increases if a levy has been made for the fund in one or more of the preceding 3 levy years). Provides that these changes are declarative of existing law. Effective immediately.

Congratulates the Iraqi people on conducting a successful election and extends best wishes in their efforts to establish a Democratic government, and thanks the Illinois men and women of the National Guard, Reserve units, and regular military for their service in Iraq.

Amends the General Provisions Article of the Illinois Pension Code. Provides that Article 3 and Article 4 funds may invest in exchange-traded funds. Provides that an Article 3 or Article 4 fund that has appointed an investment advisor may, through that investment advisor, invest a portion of its assets in debt obligations of corporations that meet certain requirements. Effective immediately.

Amends the Detection of Deception Examiners Act. Makes technical changes to a Section concerning the use of an instrument to record the subject's cardiovascular, respiratory, and galvanic skin response patterns.

Amends the Illinois Police Training Act and the Criminal Code of 1961. Exempts from provisions prohibiting the carrying of a firearm concealed on one's person or in a vehicle, retired peace officers who present certified documentation of their retired peace officer status to the Illinois Law Enforcement Training Standards Board.

Amends the Marks and Serial Numbers Act. Exempts removing, altering, defacing, covering, or destroying a firearm serial mark from a violation of the Act. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that when a peace officer discovers the commission of a misdemeanor and is the complaining witness, the signing of the complaint by the peace officer is sufficient to charge the defendant with the commission of the offense without the need for the complaint to be sworn to. Provides that the peace officer signing the complaint is subject to the penalty for perjury for false certification.