Sen. Andrew Chesney

Amends the Criminal Code of 2012. Increases by one class, the penalties for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor. Provides that if the penalty is a Class X felony, provides that the penalty is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years and not exceeding 45 years.

Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing entertainment exclusively directed toward persons under the age of 18.

Maddy summarySB 3793 reenacts and makes permanent the Invest in Kids Act, allowing Illinois taxpayers to claim a state income tax credit for contributions to scholarship granting organizations (SGOs). These SGOs provide scholarships to eligible students from Illinois households with income at or below 300% of the federal poverty level (initially) and 400% after receiving a scholarship, covering necessary school costs and fees at qualified non-public schools. The scholarships are available for students attending non-public schools, including technical academies with approved career and technical education programs. The bill amends the Illinois Income Tax Act to reflect these changes and takes effect immediately.

Amends the Military Veterans Assistance Act. Expands the Act to allow for the formation of multi-county Veterans Assistance Commissions. Provides that veteran service organizations located in 2 or more adjacent counties having a population of 60,000 or less may enter into an agreement to come together and jointly form a multi-county Veterans Assistance Commission to serve the adjacent counties in accordance with the Act. Provides that a multi-county Veterans Assistance Commission may also be formed under an agreement between an existing county Veterans Assistance Commission and a veteran service organization located in an adjacent county that is without a veterans assistance commission and has a population of 60,000 or less. Requires an agreement to form and maintain a multi-county Veterans Assistance Commission to set forth: (i) the distribution of funding with respect to each member county; (ii) the location of the Commission's office; (iii) the type of services provided; (iv) the superintendent selection or appointment process; (v) Commission rules and policies; and (vi) the composition of delegates and alternates on the Commission. Provides that multi-county Veterans Assistance Commissions shall have the same powers and duties under the Act as Veterans Assistance Commissions that serve one county. Makes corresponding changes in the Counties Code, the Illinois Public Aid Code, the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Effective immediately.

Maddy summarySB 3140 increases penalties for violating court-issued orders of protection by upgrading the offense to a Class 3 felony (from Class 4) for individuals with prior convictions for domestic battery, violation of protection orders, or related offenses like stalking or aggravated battery against family members. This change directly affects repeat offenders who disregard court orders designed to protect victims of domestic violence. The bill mandates a minimum 24-hour jail term for second or subsequent violations, in addition to potential fines or restitution. It applies to violations occurring after the offender was served notice of the order or gained actual knowledge of its terms.

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding the pretrial release and denial of pretrial release provisions of the Code, if the defendant is charged with any of the following offenses, then the burden is on the defendant to show by clear and convincing evidence that the defendant's pretrial release does not pose a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case: (1) a violation of an order of protection issued under the Code or the Illinois Domestic Violence Act of 1986, a stalking no contact order under the Stalking No Contact Order Act, or of a civil no contact order under the Civil No Contact Order Act; or (2) domestic battery or aggravated domestic battery under the Criminal Code of 2012.

Creates the Stop Squatters Act. Creates a process for local law enforcement to remove a person who is unlawfully occupying residential or commercial property without any right to do so. Requires the property owner to file a complaint with local law enforcement alleging facts to trigger the Act. Provides that law enforcement is entitled to a reasonable fee to remove an unauthorized occupant and provides legal protection to law enforcement for acting on a complaint. Provides that if the complaint is found to be false, the property owner shall indemnify the law enforcement agency. Creates a civil action for a person who was wrongfully removed. Creates a civil cause of action for the property owner for damages by the wrongful occupant. Amends the Criminal Code of 2012. Creates a Class 4 felony for making a false statement to detain real property and fraudulent sale or lease of residential real property. Amends the Code of Civil Procedure to provide that illegal possession of land during a 7-year period may not be used for a claim of adverse possession. Amends the Landlord and Tenant Act. Provides that no person has the right or legal standing to occupy or remain on or in any real property, residence, or structure if the person has no written property interest under a written lease or rental agreement with the owner of the property listed in county tax records or the owner's agent; no documentation of payment of rent made to the owner of the property or the owner's agent; or otherwise fails to provide any evidence of an oral or written agreement in which a property interest is claimed. Provides that all persons legally occupying a property, residence, or structure shall be listed by name and date of birth on a lease, rental agreement, or rental application associated with the lease or rental agreement or provide evidence that the person is an invitee of a lessee or authorized occupant of the property. Provides that no subleasing shall be allowed or deemed as legal in contrast to a lease or rental agreement that specifically prohibits subleases. Provides that a sublease made in violation of a lease or rental agreement shall not establish legal standing to occupy or remain on or in any real property, residence, or structure by the sublessee and the sublessee shall vacate the property after receiving notice from the property owner of record to depart.

Creates the Youth Health Protection Act. Provides that a medical doctor shall not prescribe, provide, administer, or deliver puberty-suppressing drugs or cross-sex hormones and shall not perform surgical orchiectomy or castration, urethroplasty, vaginoplasty, mastectomy, phalloplasty, or metoidioplasty on biologically healthy and anatomically normal persons under the age of 18 for the purpose of treating the subjective, internal psychological condition of gender dysphoria or gender discordance. Provides that any efforts to modify the anatomy, physiology, or biochemistry of a biologically healthy person under the age of 18 who experiences gender dysphoria or gender discordance shall be considered unprofessional conduct and shall be subject to discipline by the licensing entity or disciplinary review board. Provides that no medical doctor or mental health provider shall refer any person under the age of 18 to any medical doctor for chemical or surgical interventions to treat gender dysphoria or gender discordance. Contains definitions, a statement of purpose, and legislative findings. Amends the Medical Practice Act of 1987 to make related changes.

Amends the Mental Health and Developmental Disabilities Code. Expands the definition of "mental illness" to include transgenderism, or the condition of identifying with a gender other than the one assigned at birth.

Amends the Election Code. Requires voter identification cards for those who do not have acceptable photo identification. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity an acceptable form of photo identification for voting purposes or his or her voter identification card.