Sen. Mike Halpin

Amends the Missing Persons Identification Act. Requires a law enforcement agency to attempt to obtain a biological sample from closely related family members of the missing person or a personal item of the missing person beginning 30 days after the date of the missing person report (rather than within 30 days after receipt of a report). Provides that a law enforcement agency may not establish or maintain a policy that requires the observance of a waiting period before accepting a missing person report. Modifies the circumstances under which a law enforcement agency may not refuse to accept a missing person report. Requires a law enforcement agency to notify a person responsible for the missing person's welfare, or other specified individuals, about specified efforts to locate a missing person. Provides that, if a person remains missing for 30 days after the date of report, the law enforcement agency shall immediately (rather than may) generate a report of the missing person within NamUs, and the law enforcement agency shall (rather than may) attempt to obtain specified information and materials that have not been received. Modifies the follow-up action required by a law enforcement agency after creation of a missing person report. Modifies the definition of "high-risk missing person". Upon receipt of a missing person report (rather than immediately), requires the responding local law enforcement agency to enter all collected information relating to the missing person case in the Law Enforcement Agencies Data System and the National Crime Information Center. Makes other changes to reporting requirements. Modifies requirements for submission of fingerprints from unidentified remains for analysis as well as other requirements relating identified human remains. Provides that an assisting law enforcement agency, a medical examiner, a coroner, or the Illinois State Police may not close an unidentified person case until the individual has been identified and must keep the case active. Requires the coroner, medical examiner, or assisting law enforcement agency (rather than the coroner or medical examiner) to obtain a biological (rather than DNA) sample from an individual whose remains are not identifiable, and modifies how the sample may be analyzed and labeled. Makes other changes.

Urges the Illinois Supreme Court and relevant authorities to require, as a consistent part of continuing education, LGBTQ+ and HIV cultural competency education for all attorneys, judges, and courtroom staff in the State of Illinois.

Declares the week of October 20 through October 26, 2024 as Invisible Disabilities Week in Illinois. Urges State Facilities to adopt the Sunflower Project, including making Sunflower decals visible upon entry, making Sunflower lanyards, wristbands, and/or cards available, and educating staff on the meaning and desired goal of the Sunflower Project

Urges OSHA and the federal government to not implement new fire protection standards that will place a financial burden on public safety. Urges OSHA and the federal government to conduct further analysis on the proposed changes to minimize the financial burden on small-entity volunteer fire departments.

Amends the Clerks of Courts Act. Removes language providing for the compensation of Clerks of the Circuit Court. Provides instead that the salary of a clerk of the circuit court elected or appointed after the effective date of the amendatory Act shall be set as a percentage of the salary of Judges of the Circuit Court and shall be in the following amounts: in counties where the population is less than 14,000, 55%; in counties where the population is 14,001 to 30,000, 60%; in counties where the population is 30,001 to 60,000, 65%; in counties where the population is 60,001 to 100,000, 70%; in counties where the population is 100,001 to 200,000, 75%; in counties where the population is 200,001 to 300,000, 80%; in counties where the population is 300,001 to 3,000,000, 85%; and in counties where the population is over 3,000,000, 90%. Requires the State to furnish 66 2/3% of the total annual salary to be paid to a clerk of the circuit court, and the county to furnish 33 1/3% of the total annual salary. Provides that if, on the effective date of the amendatory Act, the salary of a clerk is greater than the percentage of the circuit judges salary in the provisions, that circuit clerk's salary shall not be reduced.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that, for community-based providers serving persons with intellectual/developmental disabilities, subject to federal approval of any relevant Waiver Amendment, the rates taking effect for services delivered on or after January 1, 2025 shall include an increase in the rate methodology sufficient to provide a $3 per hour wage rate increase for all direct support personnel and all other frontline personnel who are not subject to the Bureau of Labor Statistics' average wage increases and who work in residential and community day services settings, with at least $1.50 of those funds to be provided as a direct increase to base wages and the remaining $1.50 to be used flexibly for base wage increases. Provides that the rates taking effect for services delivered on or after January 1, 2025 shall include an increase sufficient to provide wages for all residential non-executive direct care staff, excluding direct support personnel, at the federal Department of Labor, Bureau of Labor Statistics' average wage as defined by rule by the Department of Human Services. Provides that for facilities licensed by the Department of Public Health under the ID/DD Community Care Act as ID/DD facilities and under the MC/DD Act as MC/DD facilities, subject to federal approval of a State Plan Amendment, the rates taking effect for services delivered on or after January 1, 2025, shall include a $3 per hour wage rate increase for all direct support personnel and all other frontline personnel who are not subject to the Bureau of Labor Statistics' average wage increases and who work in residential and community day services settings, with at least $1.50 of those funds to be provided as a direct increase to all aide base wages and the remaining $1.50 to be used flexibly for base wage increases to the rate methodology for aides. Provides that for residential services delivered on or after January 1, 2025, the rates shall include an increase sufficient to provide wages for all residential non-executive direct care staff, excluding aides, at the federal Department of Labor, Bureau of Labor Statistics' average wage as determined by the Department. Requires the Department to adopt rules, including emergency rules, to implement the amendatory Act.

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 State Commemorative Dates Act. Provides that first full week of March each year is designated as Soil Health Week to be observed throughout the State as a week to celebrate and raise awareness regarding the importance of soil health to Illinois agriculture and Illinois farmers.

Amends the Department of Natural Resources Act. Makes changes concerning the powers and duties of the Illinois State Museum. Repeals a provision which specifies that the Board of the Illinois State Museum is the governing board for the State Museum. Replaces the Board of the Illinois State Museum with an advisory board. Describes the duties of the advisory board. Repeals a provision which states that the Department of Natural Resources may set, by administrative rule, an entrance fee for visitors to the Illinois State Museum. Effective immediately.