Sen. Mattie Hunter

Amends the Code of Criminal Procedure of 1963. Eliminates the amendatory changes made by Public Act 100-574 to the Code. Amends the Code of Civil Procedure. Provides that a movant may present a meritorious claim under this section if the allegations in the petition establish each of the following by a preponderance of the evidence: (1) she was convicted of a forcible felony; (2) her participation in the offense was a direct result of her suffering from post-partum depression or post-partum psychosis; (3) no evidence of post-partum depression or post-partum psychosis was presented by a qualified medical person at trial or sentencing, or both; (4) she was unaware of the mitigating nature of the evidence or, if aware, was at the time unable to present this defense due to suffering from post-partum depression or post-partum psychosis, or, at the time of trial or sentencing, neither was a recognized mental illness and as such she was unable to receive proper treatment; and (5) evidence of post-partum depression or post-partum psychosis as suffered by the person is material and noncumulative to other evidence offered at the time of trial or sentencing and it is of such a conclusive character that it would likely change the sentence imposed by the original court. Provides that the new provision is inoperative 2 years after its effective date. Provides that nothing in the new provision prevents a person from applying for any other relief under the Civil Practice Law or any other law otherwise available to her. Defines "post-partum depression" and "post-partum psychosis". Senate Committee Amendment No. 1 Deletes a provision making the amendatory changes to the Code of Civil Procedure inoperative 2 years after the effective date of the amendatory Act. Adds an immediate effective date to the bill.

Amends the State Records Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 5 ILCS 160/1 Adds reference to: 20 ILCS 2610/9 from Ch. 121, par. 307.9 Replaces everything after the enacting clause. Amends the State Police Act. Provides that persons appointed to be a Department of State Police officer shall, at the time of their appointment, be not less than 21 years of age, or 20 years of age and have successfully completed an associate's degree or 60 credit hours at an accredited college or university (rather than 2 years of law enforcement studies at an accredited college or university). House Floor Amendment No. 2 Provides that persons certified for appointment as State Police officers shall be of good sound mind and body, be of good moral character, be citizens of the United States, have no criminal records, possesses the prerequisites of training and experience (rather than training, education, and experience) as the Department of State Police Merit Board may prescribe, and be required to pass mental and physical tests and examinations prescribed by the Board. Senate Committee Amendment No. 1 Provides that Department of State Police officers appointed subsequent to successful completion of an associate's degree or 60 credit hours at an accredited college or university must not otherwise be disqualified. Provides that nothing in the provisions concerning the qualifications for appointment as a State Police officer limits the Board's ability to prescribe education prerequisites or requirements to certify Department of State Police officers for promotion as provided in the Act.

Amends the School Code to create the Office of School Safety within the State Board of Education. Provides for the Office's duties. Requires the Office to create a grant program for expenditures related to improving school safety. Provides that grant funds must be used for school security improvements, including training and safety-related upgrades to school buildings, equipment (including metal detectors and x-ray machines), and facilities. Specifies the grant application requirements. Effective January 1, 2020. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code. Provides that, subject to appropriation or private donations, the State Board of Education shall award grants to school districts to support school safety and security. Provides that grant funds may be used for school security improvements, including professional development, safety-related upgrades to school buildings, equipment, including metal detectors and x-ray machines, and facilities, including school-based health centers. Requires the State Board to prioritize the distribution of grants to school districts designated as Tier 1 or Tier 2 under the evidence-based funding formula.

Amends the Unified Code of Corrections. Provides that the conditions of every parole and mandatory supervised release include that the subject: (1) not knowingly frequent (rather than frequent) places where controlled substances are illegally sold, used, distributed, or administered; and (2) except when the association described in (2)(A) or (2)(B) involves activities related to community programs, worship services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent: (A) not knowingly associate with other persons on parole or mandatory supervised release without prior written permission of his or her parole agent; or (B) not knowingly associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. Effective immediately. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the department.

Creates the Illinois New Business Owner Act. Provides that no application for a license for any State or local department, agency, board, or commission shall be denied or acted on adversely by reason of the applicant having been previously convicted of one or more criminal offenses or by reason of a finding of lack of good moral character, except if certain determinations are made. Provides certain factors to be considered concerning a previous criminal conviction. Effective immediately. House Floor Amendment No. 2 Deletes reference to: New Act Adds reference to: 20 ILCS 2105/2105-131 Replaces everything after the enacting clause. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Defines "mitigating factors" for the purposes of provisions concerning the licensure, certification, or registration of applicants with criminal convictions. Provides that mitigating factors are not a bar to licensure, instead they provide guidance for the Department of Financial and Professional Regulation when considering licensure, registration, or certification for an applicant with criminal history. Provides that the Department, upon a finding that an applicant for a license, certificate, or registration was previously convicted of a felony or misdemeanor that may be grounds for refusing to issue a license or certificate or to grant a registration, shall consider the circumstances surrounding the offense or offenses. Provides that the Department shall consider any mitigating factors from the point of arrest or indictment when determined to be appropriate. Makes other changes.

Amends the Emergency Medical Services (EMS) Systems Act. Provides that covered vehicle service provider personnel who treat and either release or transport to a health care facility an individual experiencing a suspected or an actual opioid overdose shall document in the patient's care report the date and time of the overdose, the location in latitude and longitude where the overdose victim was initially encountered, whether one or more doses of an opioid overdose reversal drug was administered, and whether the overdose was fatal or nonfatal when the overdose victim was initially encountered and during the transportation of the victim to a health care facility. Provides that a covered vehicle service provider shall also provide the information to a specified mapping application. Provides that the information documented by a covered vehicle service provider shall not be used in an opioid use-related criminal investigation or prosecution of the individual treated by the covered vehicle service provider personnel. Exempts from civil or criminal liability all covered vehicle service providers and covered vehicle service provider personnel who report the information in good faith. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Amends the Homelessness Prevention Act. Changes certain types of assistance grantees shall offer households to prevent homelessness as follows: (1) payment of a rent or mortgage arrearage (rather than payment of a rent or mortgage arrearage in an amount established as necessary to defeat the eviction or foreclosure, but shall in no event be greater than 3 months of rental or mortgage arrears); (2) payment of a security deposit (rather than payment of a rent deposit or security deposit and payment of not more than 2 months rent or mortgage payments); and (3) payment of rent or mortgage. Provides that in no case shall the total assistance for a household be greater than the equivalent of 6 months of rent or mortgage payments. Provides that, on an annual basis, a grantee's administrative costs and case management expenses shall not exceed 15% of the grant amount it receives.

Amends the Illinois Vehicle Code. Provides that children and stepchildren, in addition to the spouse and parents, of a police officer or firefighter who has died in the line of duty may be issued special license plates.

Provides that the Act may be referred to the Stay of Driver's License Suspension for Child Support Arrearage Law. Amends the Illinois Vehicle Code. Includes a statement of legislative purpose. Provides that in any proceeding to enforce arrearages in child support payments or orders, the obligor shall have the right to petition the court or child support administrative body for an order to stay the suspension of driver's license ("stay order") lasting up to 12 months after the date of the stay order. Provides that the court or the child support administrative body shall oversee the stay order and shall review the stay order every 90 days to determine if the obligor has started to pay child support if already employed, gains employment, or has made specified efforts to gain employment. Provides that the court shall impose specified requirements. Adds other provisions governing: employment, business, or self-employment income; additional issues, temporary disability or incapacity; support order requirements; termination of stay order for noncompliance; stay order extensions; and other matters. Provides that if the new provisions are inconsistent with Sections of the Code pertaining to notice and hearing requirements currently in place for the suspension of a driver's license for nonpayment, the new provisions control. Senate Floor Amendment No. 2 Deletes reference to: 625 ILCS 5/7-701.5 Adds reference to: 305 ILCS 5/10-16.5 625 ILCS 5/7-704 625 ILCS 5/7-704.1 735 ILCS 5/12-109 from Ch. 110, par. 12-109 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Deletes language providing for the collection of interest in cases in which IV-D services are being provided. Provides instead that the Department of Healthcare and Family Services may provide, by rule, if or how the Department will enforce interest in cases in which IV-D services are being provided. Amends the Illinois Vehicle Code. Provides that the Secretary of State may remove the suspension of an individual's driver's license made pursuant to the nonpayment of child support, whether that suspension occurred before or after the effective date of the amendatory Act, if the individual has arranged for payment of the arrearages and current support obligation in a manner satisfactory to the court or the Department of Healthcare and Family Services. Provides that interest on child support obligations may be collected by any means available under federal and State law, rules, and regulations providing for the collection of child support (instead of "under State law for the collection of child support judgments"). House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Deletes language providing for the collection of interest in cases in which IV-D services are being provided. Provides instead that the Department of Healthcare and Family Services may provide, by rule, if or how the Department will enforce interest in cases in which IV-D services are being provided. Amends the Illinois Vehicle Code. Provides that the Secretary of State may remove the suspension of an individual's driver's license made pursuant to the nonpayment of child support, whether that suspension occurred before or after the effective date of the amendatory Act, if the individual has arranged for payment of the arrearages and current support obligation in a manner satisfactory to the court or the Department of Healthcare and Family Services. Provides that interest on child support obligations may be collected by any means available under federal and State law, rules, and regulations providing for the collection of child support (instead of "under State law for the collection of child support judgments"). Effective immediately.

Creates the Needle and Hypodermic Syringe Access Program Act. Provides that persons or entities that promote scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors may establish and operate a needle and hypodermic syringe access program. Provides objectives for programs established under the Act. Includes language requiring programs to provide specified services. Provides that no employee or volunteer of or participant in a program shall be charged with or prosecuted for possession of specified substances. Provides that law enforcement officers who in good faith arrest or charge a person entitled to immunity under the Act shall not be subject to civil liability for the arrest or filing of charges. Provides that prior to commencing operations under the Act, an organization shall report specified information to the Department of Public Health. Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Department of Human Services shall give preference for grants and proposals to specified drug overdose prevention programs. Provides that the Department of Human Services shall conduct an evidence-based treatment needs assessment to be submitted to the General Assembly by December 31, 2019. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 301/25-13 new Adds reference to: 720 ILCS 635/1 from Ch. 38, par. 22-50 720 ILCS 635/2 from Ch. 38, par. 22-51 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Renames the Needle and Hypodermic Syringe Access Program Act the Overdose Prevention and Harm Reduction Act. Provides that the Department of Human Services' report on drug overdose trends statewide shall provide information on the current substance use disorder treatment capacity within the State. Requires the report to include an inventory of the State's substance use disorder treatment capacity. Provides that the Department may support specified drug overdose projects by facilitating the acquisition of opioid antagonist medication approved for opioid overdose reversal. Provides specified elements the Department may promote in supporting best practices in drug overdose prevention programming. Deletes provisions requiring the Department to give preference for grants to proposals that, in addition to providing life-saving interventions and responses, provide information to drug users on how to access substance use disorder treatment or other strategies for abstaining from illegal drugs. Removes provisions requiring the Department to contract with a third party research organization to conduct a needs assessment of the Illinois substance use disorder treatment system. Makes other changes. Amends the Hypodermic Syringes and Needles Act. Provides that the Act shall not prohibit the sale, possession, or use of hypodermic syringes or hypodermic needles by a staff person, volunteer, or participant in a needle or hypodermic syringe access program. Effective immediately.