Sen. Lakesia Collins

Amends the Illinois Vehicle Code. Adds light sensitivity as a result of a traumatic brain injury to the list of medical conditions for which a person is exempt from certain restrictions concerning window tinting. Deletes language providing that no exemption shall be granted for any condition, such as light sensitivity, for which protection from the direct rays of the sun can be adequately obtained by the use of sunglasses or other eye protective devices. House Floor Amendment No. 1 Restores language providing that that no exemption shall be granted for any condition for which protection from the direct rays of the sun can be adequately obtained by the use of sunglasses or other eye protective devices.

Amends the Civil Administrative Code of Illinois. Provides that, if the Department of Financial and Professional Regulation refuses to issue a license or certificate or grant registration to an applicant based upon a criminal conviction or convictions, the Department shall include in its notification to the applicant an explanation of how the conviction directly relates to and would prevent the person from effectively engaging in the position for which a license, registration, or certificate is sought. Provides that the Department shall post on its website a list of all State and federal licensing restrictions that would prohibit an applicant from working in a position for which a license is sought. In provisions concerning an annual report summarizing statistical information relating to new license, certification, or registration applications during the preceding calendar year, requires the Department to include the types of criminal convictions that contributed to the denial of a license, certificate, or registration. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following change: Provides that the Department of Financial and Professional Regulation shall post on its website a list of all State (rather than State and federal) licensing restrictions that would prohibit an applicant from working in a position for which a license is sought.

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Director of Public Health, if a physician licensed to practice medicine in all its branches in Illinois, shall establish a standing order complete with the issuance of a prescription for a hormonal contraceptive in accordance with the requirements of the provisions. Provides that if the Director is not a physician licensed to practice medicine in all its branches in Illinois, the Medical Director of the Department of Public Health shall establish the standing order. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance or managed care plan to provide coverage for patient care services provided by a pharmacist. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code. Amends the Pharmacy Practice Act. Provides that the definition of "practice of pharmacy" includes the dispensing of hormonal contraceptives pursuant to the standing order under provisions of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Amends the Illinois Public Aid Code. Requires the medical assistance program to cover patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation. Effective January 1, 2022. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 2310/2310-705 new Adds reference to: 225 ILCS 85/43 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Further amends the Pharmacy Practice Act. Sets forth provisions concerning dispensation of hormonal contraceptives. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions. In provisions in the Illinois Public Aid Code concerning coverage for patient care services for hormonal contraceptives provided by a pharmacist, provides that the Department of Public Health (rather than the Director of Public Health) shall apply for any necessary federal waivers or approvals to implement the provisions by January 1, 2022. Provides that the Department shall submit to the Joint Committee on Administrative Rules administrative rules (rather than adopt administrative rules) as soon as practicable but no later than 6 months after federal approval is received (rather than no later than May 1, 2022). Removes changes to the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Removes language that provides that the provisions shall not be implemented until the receipt of all necessary federal waivers or approvals or until January 1, 2024, whichever comes first, and if federal approval is not obtained by January 1, 2024, the provisions shall be implemented using State funds. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2023 (rather than the effective date of the amendatory Act) shall provide coverage for health care or patient care services provided by a pharmacist if specified conditions are met (instead of coverage for patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation). Amends the Pharmacy Practice Act to provide that nothing in the provisions concerning dispensation of hormonal contraceptives shall be interpreted to require a pharmacist to dispense hormonal contraception under a standing order issued by a physician licensed to practice medicine in all its branches or the medical director of a local health department (rather than also under a standing order issued by the Medical Director of the Department of Public Health). Changes the definition of "practice of pharmacy". Effective January 1, 2023 (rather than January 1, 2022). Senate Floor Amendment No. 2 Provides that the bill takes effect on January 1, 2022, except that provisions amending the Illinois Insurance Code take effect on January 1, 2023 (rather than all provisions taking effect on January 1, 2023).

Amends the Code of Criminal Procedure of 1963. Provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. Provides that, upon receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. Provides that the court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.

Amends the Code of Civil Procedure. Provides that anything said or done during or in preparation for a restorative justice practice or as a follow-up to that practice, or the fact that the practice has been planned or convened, is privileged and cannot be referred to, used, or admitted in any civil, criminal, juvenile, or administrative proceeding unless the privilege is waived, during the proceeding or in writing, by the party or parties protected by the privilege. Provides that the legitimacy of a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. Provides that the privilege does not apply when: (1) disclosure is necessary to prevent death, great bodily harm, or the commission of a crime; (2) necessary to comply with another law; or (3) a court, tribunal, or administrative body requires a report on a restorative justice practice, but such report shall be limited to the fact that a practice has taken place, an opinion regarding the success of the practice, and whether further restorative justice practices are expected. Effective immediately.

Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of the amendatory Act shall be presumed to be inadmissible as evidence in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer, juvenile officer, or other public official or employee, knowingly engages in deception. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency. House Floor Amendment No. 1 Further amends the Juvenile Court Act of 1987. In a provision concerning the prohibition of deceptive tactics, provides that the presumption of inadmissibility of a confession of a minor, who at the time of the commission of the offense was under 18 years of age (rather than by a suspect), at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Further amends the Code of Criminal Procedure of 1963 to make a conforming change.

Amends the Illinois Banking Act. Makes a technical change in a Section concerning the primary powers of banks. House Floor Amendment No. 4 Deletes reference to: 205 ILCS 5/3 from Ch. 17, par. 309 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 410 ILCS 130/55 410 ILCS 130/100 410 ILCS 130/115 410 ILCS 130/115.5 new 410 ILCS 130/130 410 ILCS 130/145 410 ILCS 130/162 new 410 ILCS 705/1-10 410 ILCS 705/5-45 410 ILCS 705/7-30 410 ILCS 705/10-25 410 ILCS 705/10-40 410 ILCS 705/15-15 410 ILCS 705/15-25 410 ILCS 705/15-30 410 ILCS 705/15-30.20 new 410 ILCS 705/15-35 410 ILCS 705/15-35.10 new 410 ILCS 705/15-35.20 new 410 ILCS 705/15-40 410 ILCS 705/15-70 410 ILCS 705/15-85 410 ILCS 705/15-135 410 ILCS 705/20-30 410 ILCS 705/20-55 new 410 ILCS 705/25-5 410 ILCS 705/25-30 410 ILCS 705/25-35 410 ILCS 705/30-5 410 ILCS 705/30-30 410 ILCS 705/30-55 new 410 ILCS 705/35-5 410 ILCS 705/35-25 410 ILCS 705/35-30 410 ILCS 705/35-45 new 410 ILCS 705/40-25 410 ILCS 705/40-30 410 ILCS 705/40-45 new 410 ILCS 705/55-21 410 ILCS 705/55-28 410 ILCS 705/55-30 625 ILCS 5/11-502.1 625 ILCS 5/11-502.15 Replaces everything after the enacting clause. Amends the Compassionate Use of Medical Cannabis Program Act. Provides that, for any dispensing organization registered on or after January 1, 2021 (rather than July 1, 2019), the Department of Financial and Professional Regulation shall adopt rules to create a registration process for Social Equity Justice Involved Applicants and Qualifying Applicants, a streamlined application, and a Social Equity Justice Involved Medical Lottery under to issue the remaining available 5 dispensing organization registrations for operation (rather than award not less than 20% of all available points to applicants that qualify as Social Equity Applicants). Defines "Social Equity Justice Involved Medical Lottery". Contains other provisions. Amends the Cannabis Regulation and Tax Act. Provides that specified entities are subject to random inspections as provided by rule. Provides that the Cannabis Regulation Oversight Officer serves a coordinating role among State agencies regarding the Act and the Compassionate Use of Medical Cannabis Program Act. Provides that failure of a cannabis business establishment to respond to the request of the Cannabis Regulation Oversight Officer to complete the form regarding the extent of diversity in the medical and adult use cannabis industry, report, and any other request for information may be grounds for disciplinary action by the Department of Financial and Professional Regulation or the Department of Agriculture. Requires the Department of Financial and Professional Regulation to issue up to 110 Conditional Adult Use Dispensing Organization Licenses by lot. Contains requirements for Dispensary Applicants, distribution of licenses, and drawing available licenses by lot. Provides an application process for requirements for specified Conditional Adult Use Dispensing Organization Licenses. Requires the Department to issue at least 50 additional Conditional Adult Use Dispensing Organization Licenses on or before December 21, 2022. Makes changes to cannabis packaging requirements during sale. Provides that, upon the completion of the disparity and availability study pertaining to infusers by the Cannabis Regulation Oversight Officer, the Department of Agriculture may modify or change specified licensing application processes to reduce or eliminate barriers and remedy evidence of discrimination identified in the study. Provides that agent applicants may begin employment at a cultivation center, a dispensing organization, a Community College Cannabis Vocational Training Pilot Program, an infuser organization, or a transporting organization while the agent applicant's identification card application is pending. Provides that, upon approval, the approving State entity shall issue the agent's identification card to the agent. Provides that, if denied, the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization and the agent applicant shall be notified and the agent applicant must cease all activity at the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization immediately. Contains provisions regarding the disclosure of ownership and control of cultivation centers, craft growers, infuser organizations, and transporting organizations. Makes other changes. Amends the Illinois Vehicle Code. Makes changes to cannabis containment requirements within a motor vehicle. Contains a severability provision. Effective immediately. House Floor Amendment No. 6 Adds reference to: 410 ILCS 705/10-35 In provisions amending the Compassionate Use of Medical Cannabis Program Act, makes changes to the definition of "Social Equity Justice Involved Applicant". Requires cannabis in a vehicle to be in a reasonably secured, sealed or resealable (rather than a reasonable secured, sealed) container. In provisions amending the Cannabis Regulation and Tax Act, makes the following changes. Removes language providing that any person 21 years of age or older in possession of cannabis shall not be required to possess cannabis in a container that meets specified requirements. Provides an exception for breaching the confidentiality of information obtained under the Act. Provides that an Early Approval Adult Use Dispensing Organization's application to relocate its license under specified provisions shall be deemed approved 30 days (rather than within 30 days) following the submission of a complete application to relocate. Provides that specified applicants may not be located within 1,500 of a dispensing organization licensed under provisions regarding Early Approval Adult Use Dispensing Organization Licenses or Early Approval Adult Use Dispensing Organization License secondary sites (rather than within 1,500 of a dispensing organization), unless specified requirements are met. Provides that if awarding a license in a Tied Applicant Lottery would result in a Tied Applicant possessing more than 10 specified licenses, or any combination of the specified licenses, (rather than only the specified licenses) the Tied Applicant must choose which license to abandon. Restores language requiring any product containing cannabis to be sold in a container that, among other things, must be odor-proof.

Creates the Housing is Recovery Pilot Program Act. Creates the Housing is Recovery Pilot Program within the Department of Human Services, Division of Mental Health. Provides that the Program shall provide bridge rental subsidies for individuals at high risk of unnecessary institutionalization and individuals at high risk of overdose for purposes of stabilizing their mental illness or substance abuse disorder. Provides criteria for the award, computation, and payment of bridge rental subsidies. Sets forth the responsibilities of persons receiving bridge rental subsidies. Provides for the identification and referral to the Program of persons eligible to receive bridge rental subsidies prior to their discharge from a hospital or release from a correctional facility. Provides standards for housing service providers, long-term housing, and temporary rental units. Provides that the Department will contract with an independent outside research organization to evaluate the Program's effectiveness, and shall report the results of the evaluation to the General Assembly after 5 years. Provides rulemaking authority. Defines terms. Effective immediately. House Committee Amendment No. 1 Provides that the Housing is Recovery pilot program is established subject to appropriation. Changes the definition of "serious mental illness". Defines "serious mental illness" as meeting both the diagnostic and functioning criteria consistent with the definition of Serious Mental Illness in the most current edition of the Illinois Department of Human Services/Division of Mental Health Community Mental Health Provider Manual.

Amends the Children and Family Services Act. In provisions requiring the Department of Children and Family Services to submit annual reports to the General Assembly concerning youth in care who are awaiting placement or psychiatric hospitalization (rather than placement), provides that the reports are to be submitted no later than December 31 of each year (rather than on December 31 of each year through December 31, 2023). Requires the reports to be posted on the Department's website and to include specified information, including: (i) the number of youth in care placed in out-of-state residential treatment facilities, whether each youth was referred to any in-state programs for placement and, if so, the number of in-state referrals for each youth prior to referring the youth to out-of-state programs; (ii) the number of youth not in the temporary custody or guardianship of the Department who are the subjects of open child protection cases, intact family cases, or any other types of child welfare case, including, but not limited to, those youth for whom the Department is required to make medical assistance payments because they were hospitalized in inpatient psychiatric hospitals or units and were beyond medical necessity during the Department's involvement with the case; and (iii) the number of youth in care who remain in emergency rooms for longer than 24 hours waiting for admission to a psychiatric hospital bed. Effective immediately.

Amends the Public Community College Act and the Housing Authorities Act. Permits community colleges and housing authorities to develop affordable housing for community college students. Amends the Illinois Affordable Housing Act. Permits non-exempt local governments to develop affordable housing for community college students in coordination with nonprofit affordable housing developers and housing authorities.