Sen. James F. Clayborne, Jr.

Amends the Military Code of Illinois. Provides that on or after July 1, 2006, if the Adjutant General determines that Illinois National Guard personnel are not available to perform military funeral honors, the Adjutant General may authorize another appropriate organization to provide one or more of its members to perform those honors and, subject to appropriations for that purpose, shall authorize the payment of a $100 stipend to the organization. Provides that the Code does not establish any entitlement to military funeral honors if the Adjutant General determines that such other appropriate personnel are not available to perform those honors or if adequate appropriated funds are not available. Effective July 1, 2006.

Amends the Illinois Vehicle Code provision regarding Illinois Fire Fighters' license plates. Provides that all moneys deposited into the Illinois Fire Fighters' Memorial Fund shall be used exclusively for the purposes listed in the Vehicle Code provision.

Amends the Illinois Vehicle Code. Provides that it is unlawful for a railroad or any of its employees to interfere in any way with a railroad employee's effort to obtain first aid or medical treatment for an injury suffered in the course of employment. Provides that it is unlawful for a railroad or any of its employees to discipline or threaten to discipline an employee for requesting treatment for a job-related injury. Provides that a violation is a business offense punishable by a fine of not more than $10,000.

Amends the Code of Criminal Procedure of 1963. Provides that an order of protection may also be issued when the alleged offender and victim are family or household members and the alleged violation is unlawful restraint, aggravated unlawful restraint, child pornography, domestic battery, aggravated battery of a senior citizen, interfering with reporting of domestic violence, stalking, aggravated stalking, cyberstalking, criminal trespass to a residence, criminal damage to property, criminal trespass to a vehicle, criminal trespass to real property, disorderly conduct, or harassment by telephone.

Amends the Military Code of Illinois. Requires that a member of the Army National Guard or the Air National Guard ordered to funeral honors duty receive an allowance of $100 (rather than $50).

Amends the Illinois Controlled Substances Act. Provides that in determining the appropriate sentence for any conviction under the Act, the sentencing court may consider the possession, delivery, or manufacture of controlled substances or cannabis in the presence of a child under 17 years of age.

Amends the State Fire Marshal Act. Requires the Office of the State Fire Marshal to create and maintain an equipment exchange program (now, the Office may create the program). Provides for donation, trade, and sale of equipment. Requires the Office, as part of the program, to maintain a website that is separate from the Office's main website and that allows fire departments, fire protection districts, and township fire departments to post information and photographs about needed equipment and equipment that is available. Requires the Office to advertise the equipment exchange program. Makes other changes. Effective immediately.

Amends the Unified Code of Corrections. Provides that for a defendant convicted of predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault on or after July 1, 2005, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant. Provides that the term of mandatory supervised release of these sex offenders shall toll during any period of incarceration. Provides that the Prisoner Review Board shall hear by at least one member and through a panel of at least 3 members, decide the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, to impose sanctions for violations of mandatory supervised release and revoke mandatory supervised release for those sex offenders. Provides that the Department of Corrections shall retain custody of those sex offenders. Provides that the supervising officer of those sex offenders shall prepare a progress report commencing 180 days after the offender's release and continuing every 180 days thereafter for the duration of their supervised release. Provides that supervising officers of sex offenders shall receive specialized training in the supervision of sex offenders. Effective July 1, 2005.

Amends the Abused and Neglected Child Reporting Act. Provides that identifying information in indicated reports involving the sexual abuse of a child, the death of a child, or serious physical injury to a child must be retained after the report is indicated or after the subsequent case or report is closed (instead of may be retained longer than 5 years after that time).

Amends the Criminal Code of 1961. Provides that in addition to any other penalties imposed by law or by an ordinance or resolution of a unit of local government or school district, any individual or entity that knowingly obtains, or assists another to obtain, a contract with a governmental unit because of a false representation that the individual or entity, or the individual or entity assisted, is a minority owned business, female owned business, or business owned by a person with a disability, regardless of whether the preference was established by statute or local ordinance or resolution, is guilty of a Class 4 felony. Provides that the court shall order that an individual or entity convicted of this offense must pay to the governmental unit that awarded the contract a penalty equal to one and one-half times the amount of the contract obtained because of the false representation.