Sen. Steve McClure

Mourns the passing of John Richard "Dick" Schofield of Springfield.

Amends the Criminal Code of 2012. Provides that for purposes of the Sex Offenses Article of the Code, "unable to give knowing consent" also includes when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance. House Floor Amendment No. 1 Replaces the amendatory language of the bill. Provides that "unable to give knowing consent" also includes when the victim has taken an intoxicating substance or any controlled substance causing the victim to become unconscious of the nature of the act, and this condition was known or reasonably should have been known by the accused, but the accused did not provide or administer the intoxicating substance.

Amends the Counties Code. Provides that 1% of the school facility occupation taxes collected shall be distributed to the regional superintendent of schools (currently, these moneys are deposited into the Tax Compliance and Administration Fund) to cover the costs in administering and enforcing the provisions of the school facility occupation taxes Section of the Code. Effective July 1, 2022. House Committee Amendment No. 1 Provides that 50% (rather than 1%) of the 2% deducted from the amounts collected under the provisions shall be deposited into the Tax Compliance and Administration Fund and 50% (rather than 1%) shall be distributed to the regional superintendent of schools to cover the costs in administering and enforcing the provisions of this Section.

Amends the Invest in Kids Act. Makes a formatting change to create a first priority group for eligible students who received a scholarship from a scholarship granting organization during the previous school year. Provides that qualified schools may establish a maximum scholarship amount, which may not exceed the necessary costs and fees for attendance at the qualified school. Provides that the qualified school shall notify the scholarship granting organization of its necessary costs and fees as well as any maximum scholarship amount set by the school. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Specifies that the maximum scholarship amount set by a qualified school is subject to the limitations provided under existing law.

Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or fair (rather than the prohibition only applying to county fairs) when persons under the age of 18 are present. Senate Floor Amendment No. 1 Provides that it is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or county or State fair when persons under the age of 18 are present.

Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution for a criminal offense defined in the Sex Offense Article of the Criminal Code of 1961 or the Criminal Code of 2012 or for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse when the alleged victim of the offense was under 18 years of age at the time of the offense, the court may exclude from the proceedings while the victim is testifying, regardless of the alleged victim's age at the time of the victim's courtroom testimony, all persons, who, in the opinion of the court, do not have a direct interest in the case, except the media. Effective immediately. Senate Committee Amendment No. 1 Provides that for the purposes of excluding disinterested parties, the court shall enter its finding that parties are disinterested and the basis for that finding into the record. House Floor Amendment No. 3 Provides that when the court publishes to the trier of fact videos, photographs, or any depiction of a minor under 18 years of age engaged in a sex act, the court may exclude from the proceedings all persons, who in the opinion of the court, do not have a direct interest in the case, except the media.

Amends the Parking Excise Tax Act. Creates an exemption for parking areas and garages that are operated for the use of attendees, vendors, or employees of the Illinois State Fair or the DuQuoin State Fair and are not otherwise subject to taxation under the Act in the ordinary course of business. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that the Parking Excise Tax does not apply to: (1) a parking area or garage operated by the State, a State university, or a unit of local government; (2) the purchase of a parking space by the State, a State university, or a unit of local government for use by employees of the State, State university, or unit of local government; (3) a parking space leased to a governmental entity for use by the public; or (4) a parking area or garage owned and operated by a person engaged in the business of renting real estate and used by the lessee to park motor vehicles, recreational vehicles, or self-propelled vehicles for the lessee's own use. Effective immediately.

Amends the Criminal Code of 2012. Deletes provision that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is a person with a severe or profound intellectual disability that the accused reasonably believed the person was of the age of 18 years or over or was not a person with a severe or profound intellectual disability at the time of the act giving rise to the charge. Provides that solicitation of a sexual act from a person who is under the age of 18 or whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced but deletes provision that solicitation of a sexual act from a person whom the solicitor of the sexual act reasonably believes to be under the age of 18 is a Class 4 felony.

Amends the Community Mental Health Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 405 ILCS 20/0.1 from Ch. 91 1/2, par. 300.1 Adds reference to: 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 Replaces everything after the enacting clause. Amends the Medical Patient Rights Act. Removes language providing that nothing in the Act shall restrict the ability of a health care facility to regulate the hours of visitation, the number of visitors per patient or the movement of visitors within the facility. Provides that, during a period for which the Governor has issued a proclamation declaring that a disaster exists or in the event of an outbreak or epidemic of a communicable disease in the community in which the health care facility is located, a health care facility shall ensure an opportunity for at least one visitor, not counting a clergy person, to visit a resident or patient of the health care facility. Requires visitation to be subject to the guidelines, conditions, and limitations of the health care facility's visitation policy and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that visitors may be required by the health care facility to submit to health screenings necessary to prevent the spread of infectious disease. Provides that a health care facility may restrict a visitor who does not pass its health screening requirement and require a visitor to adhere to infection control procedures. Provides that a health care facility may deny visitation under the Act if the situation demands. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Authorizes a skilled nursing home, extended care facility, or intermediate care facility to prohibit an individual from visiting a resident or patient of the nursing home or facility if specific facts demonstrate that the individual would endanger his or her physical health or safety or the health or safety of a resident, patient, or health care worker of the nursing home or facility. Requires such a denial to be in writing and provided to the individual and the resident or patient with whom the individual was denied visitation. Requires each skilled nursing home, extended care facility, and intermediate care facility to inform each resident of the nursing home or facility (or that individual's representative) of the resident's visitation rights and the facility's visitation-related policies and procedures. Specifies that these nursing homes and facilities must not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability. Requires the nursing homes and facilities to ensure that all visitors enjoy full and equal visitation privileges, consistent with the residents' preferences.

Amends the Technology Advancement and Development Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 700/1001 Adds reference to: 20 ILCS 505/21.6 new Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a child protective investigator is authorized to carry and use personal protection spray devices, such as mace, pepper mace, or pepper gas, for self-defense purposes while investigating a report of child abuse or neglect if the child protective investigator has been trained on the proper use of such personal protection spray devices by the Illinois State Police. Requires the Illinois State Police to establish a training program for child protective investigators on the proper use of personal protection spray devices for self-defense purposes. Requires the Department of Children and Family Services to provide funding for the training program. Effective immediately. House Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that a front-line staff member is authorized to carry and use personal protection spray devices, as defined, for self-defense purposes while investigating a report of child abuse or neglect if the front-line staff member has been trained on the proper use of such personal protection spray devices by the Department of Children and Family Services, in consultation with the Illinois State Police. Provides that by January 1, 2023, the Department, in consultation with the Illinois State Police, shall (i) identify a list of approved personal protection spray devices and (ii) jointly develop and approve a training curriculum and program for front-line staff members on the proper use of such personal protection spray devices for self-defense purposes. Requires the Department to provide funding for the training program. Sets forth specific circumstances under which a front-line staff member may use a personal protection spray device including if the front-line staff member: (i) reasonably believes that use is necessary to protect the staff member from an imminent physical assault posed by another person; (ii) uses the device to incapacitate a person attempting a physical assault in order to avoid imminent physical harm and to facilitate escape from danger when there is no other alternative available to the front-line staff member; and (iii) except in exigent circumstances, has issued a verbal warning to persons in close proximity to the spray area. Provides that a front-line staff member's use of personal protection spray devices during the performance of his or her professional duties in any manner other than as expressly authorized under the amendatory Act shall be prohibited by Department policy. Provides that whenever a front-line staff member discharges a personal protection spray device, the front-line staff member shall complete an incident report. Provides that, following the discharge of a personal protection spray device that results in exposure, the front-line staff member shall notify his or her supervisor and, if appropriate, call 9-1-1 for emergency response or responders as soon as reasonably practical and when safe to do so. Requires the Department to annually report and publish on its website, beginning January 1, 2024, the number of front-line staff members trained to carry personal protection spray devices, the number of front-line staff members reporting personal protection spray devices and the make or model of the devices, and the number of reported uses of personal protection spray devices by service region. Provides that, in addition, the Department shall report each incident involving the deployment of a personal protection spray device that occurred during the preceding calendar year, including: (1) the estimated age, gender, and race of the intended target of the personal protection spray device; (2) whether there were injuries to the intended target resulting from the deployment of the personal protection spray device; (3) the age, gender, and race of the front-line staff member who utilized the personal protection spray device; and (4) whether there were injuries to the front-line staff member resulting from the incident. Requires the Department to also report yearly data on the number of personal protection spray device deployments found to be against Department policy. Effective immediately.