Sen. Mike Simmons-Gessesse

Amends the Code of Criminal Procedure of 1963. Provides that a person serving a sentence for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance for which the statutory penalty has been subsequently reduced or altered may petition the trial court that entered the judgment of conviction to request resentencing or dismissal in accordance with the statutory penalty in effect at the time of the filing of the petition. Provides that upon verified petition for resentencing by the defendant, the trial court that entered the judgment of conviction in a defendant's case may order resentencing at any time after 30 days have passed following the imposition of a sentence under a guilty verdict or a finding of guilt for any criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance provided: (1) the State's Attorney or other prosecuting attorney is given at least 30-day notice of the filing of the petition seeking resentencing; (2) the statutory penalty for the offense for which the defendant was found guilty or convicted, since his or her plea of guilty or conviction, has been subsequently reduced or altered in a manner that includes, but is not limited to: (A) reducing the minimum or maximum sentence for the offense; (B) granting the court more discretion over the range of penalties available for the offense; or (C) changing the penalties associated with the offense or conduct underlying the offense in any way. House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/116-2.2 new Adds reference to: 725 ILCS 5/123 new Replaces everything after the enacting clause. 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. Senate Committee Amendment No. 4 Deletes reference to: 725 ILCS 5/123 new Adds reference to: 725 ILCS 5/116-4 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning preservation of evidence for forensic testing. Senate Floor Amendment No. 5 Deletes reference to: 725 ILCS 5/116-4 Adds reference to: 5 ILCS 315/14 from Ch. 48, par. 1614 20 ILCS 2610/17c 20 ILCS 5165/4-10 20 ILCS 5165/4-15 50 ILCS 705/7 from Ch. 85, par. 507 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/10.6 50 ILCS 705/10.17 50 ILCS 706/10-15 50 ILCS 706/10-20 50 ILCS 709/5-12 55 ILCS 5/3-6041 55 ILCS 5/3-15003.8 65 ILCS 5/11-5.1-2 65 ILCS 5/1-2-12.1 rep. 720 ILCS 5/7-5 from Ch. 38, par. 7-5 720 ILCS 5/7-5.5 720 ILCS 5/7-15 720 ILCS 5/7-16 720 ILCS 5/31-1 from Ch. 38, par. 31-1 720 ILCS 5/33-9 725 ILCS 5/103-3 from Ch. 38, par. 103-3 725 ILCS 5/108-8 from Ch. 38, par. 108-8 725 ILCS 5/110-5 from Ch. 38, par. 110-5 725 ILCS 5/110-5.1 rep. 725 ILCS 5/110-6.3 rep. 725 ILCS 5/110-6.5 rep. 725 ILCS 5/110-7 rep. 725 ILCS 5/110-8 rep. 725 ILCS 5/110-9 rep. 725 ILCS 5/110-13 rep. 725 ILCS 5/110-14 rep. 725 ILCS 5/110-15 rep. 725 ILCS 5/110-16 rep. 725 ILCS 5/110-17 rep. 725 ILCS 5/110-18 rep. 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3 730 ILCS 5/3-6-7.3 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4 730 ILCS 125/17.7 730 ILCS 210/3-5 Replaces everything after the enacting clause. Amends the State Police Act. In a provision concerning the military equipment surplus program, changes the definition of "grenade launcher" and "tracked armored vehicle". Amends the Task Force on Constitutional Rights and Remedies Act. In a provision concerning task force members, deletes language providing for the responsibility of appointing a chairperson. Amends the Illinois Police Training Act. Provides that all mandated training will be provided for at no cost to the employees, and that employees shall be paid for all time spent attending mandated training. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that officer-worn body cameras may be turned off when the officer is inside a correctional facility or courthouse which is equipped with a functioning camera system. Provides that a law enforcement officer shall not have access to or review his or her body-worn camera recordings, the body-worn camera recordings of another officer, or any other recordings prior to completing incident reports or other documentation under specified circumstances. Provides that notwithstanding provisions of the Illinois Freedom of Information Act, a law enforcement agency receiving a complaint made against a law enforcement officer will provide an opportunity for the complainant to view the available recordings from a body worn camera system pertaining to the incident as soon as practical and prior to the complainant finalizing their complaint, if so requested by the complainant. Amends the Uniform Crime Reporting Act. Defines a "mental health crisis". Amends the Counties Code. Makes changes to a provision concerning the military equipment surplus program. Amends the Criminal Code of 2012. Provides that a peace officer is not justified in using force likely to cause death or great bodily harm when there is no longer an immediate threat of great bodily harm to the officer or another. In a provision concerning prohibited use of force by a peace officer, provides that "chokehold" does not include any holding involving contact with the neck that is not intended to reduce the intake of air. Places restrictions on the use of chemical agents or irritants. In a provision concerning the duty to intervene, replaces a reference to a person acting on behalf of a peace officer with a reference to a person acting under the color of law. Amends the Code of Criminal Procedure. Amends the Unified Code of Corrections. Makes changes in a provision concerning rules and regulations for sentence credit concerning participation in certain programs, assignments, and activities. Makes changes in a provision concerning committed person post-partum recovery requirements. Makes changes in a provision concerning mandatory supervised release. Amends the Reporting of Deaths in Custody Act. Makes changes in a provision concerning the report of deaths of persons in custody in correctional institutions. Delays the effective date of various provisions changed by Public Act 101-652. Makes other changes. Contains a severability clause. Effective immediately.

Amends the Illinois Human Rights Act. Provides that the amendatory Act may be referred to as the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act. Provides that "race", as used in the Employment and Elementary, Secondary, and Higher Education Articles, includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists. House Committee Amendment No. 1 Deletes reference to: 775 ILCS 5/1-103 Adds reference to: 5 ILCS 140/7.5 820 ILCS 112/11 820 ILCS 112/30 Replaces everything after the enacting clause. Amends the Freedom of Information Act to remove an exemption from disclosure for certain information under the Equal Pay Act of 2003. Amends the Equal Pay Act of 2003. Requires employers with fewer than 100 employees to certify that they are exempt from specified provisions. Provides that a business subject to the equal pay registration certificate requirement on March 23, 2021 shall apply for and obtain an equal pay registration certificate between March 24, 2022 and March 23, 2024, rather than within 3 years after March 23, 2021. Provides that a business subject to the equal pay registration certificate requirement after March 23, 2021 shall apply for the certificate within 3 years of commencing business. Requires recertification every 2 years. Requires disclosure of information by county in which the employee works, beginning date of employment, and any other information the Department deems necessary to access pay equity. Provides that the business must disclose its approach to determining the level of wages and benefits payable to employees and identify differences in approach by title of classification employee. Provides that employees may obtain title and pay data. Permits the Department of Labor to share data with the Department of Human Rights and the Attorney General. With respect to violations of the Act by employers having 100 or more employees, authorizes a penalty of up to $10,000 per employee for violation other than equal pay certificate requirements and a penalty of $10,000 for violation of the equal pay certificate requirements. Effective immediately. House Floor Amendment No. 2 Provides a 30-day opportunity to correct an inadvertent failure to file an initial application or recertification. With respect to equal pay certificates, limits the application of certain provisions of the Act to businesses that are required to file an Annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission. Provides that applicants have 30, rather than 15, days to cure deficiencies in an application. Provides that certain information disclosures by employees of the Department of Labor may constitute a violation of the State Officials and Employees Ethics Act. House Floor Amendment No. 4 Replaces provisions regarding the disclosure of confidential information by an employee involving findings by the Executive Inspector General and determinations of guilt under the State Officials and Employees Ethics Act. Provides that a Department of Labor employee who willfully and knowingly divulges, except in accordance with a proper judicial order or otherwise provided by law, confidential information received by the Department of Labor from any business pursuant to this Act shall be deemed to have violated the State Officials and Employees Ethics Act and be subject to the civil and criminal penalties established under specified provisions of that Act after investigation and opportunity for hearing before the Executive Ethics Commission under that Act.

Urges the General Assembly and the Governor's Administration to invest our transportation and infrastructure dollars as promised under Rebuild Illinois to make good on our collective commitment to fix our roads, bridges, and schools while creating jobs and opportunities for all residents of Illinois.

Proposes to amend the Bill of Rights Article of the Illinois Constitution. Provides that employees shall have the fundamental right to organize and to bargain collectively through representatives of their own choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work. Provides that no law shall be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively over their wages, hours, and other terms and conditions of employment and work place safety, including any law or ordinance that prohibits the execution or application of agreements between employers and labor organizations that represent employees requiring membership in an organization as a condition of employment. Provides that these provisions are controlling over home rule powers. Effective upon being declared adopted.

Creates the COVID-19 Federal Emergency Rental Assistance Program Act. Contains provisions for: the Federal Emergency Rental Assistance program; accessibility and transparency; process for further prioritizing applicants for financial assistance and housing stability services; and required notifications and correspondence. Amends the Code of Civil Procedure. Makes changes concerning the sealing of court files. Provides that certain new provisions concerning sealing of court files in a residential eviction action apply until August 1, 2022. Contains provisions for: the sealing of a court file in a residential eviction action; emergency sealing of a court file in a residential eviction action during the COVID-19 emergency and economic recovery period; and a temporary COVID-19 stay of certain foreclosure proceedings and filings. Makes corresponding changes to a provision regarding demand for rent and eviction actions. Makes corresponding changes in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately. House Committee Amendment No. 1 Changes the definition of "administering State agency" to any agency or department of the State that is eligible to receive a direct federal allocation of federal Emergency Rental Assistance funds that will disburse funds and administer all or a portion of the Federal Emergency Rental Assistance Program. Deletes the definition of "recipient" or "program recipient". Provides that any State agency administering the program shall provide rental assistance (rather than "program recipients with relief payments") in an amount based on stated need rather than on a flat or fixed amount. Provides that the administering State agency shall make any joint program application forms available. Deletes language requiring the administering State agency to make program application forms for utility providers available. Fiscal Note (Dept. of Human Services) The source for the Rental Assistance Program is federal and pending the final determination of the agency responsible for implementing the Covid-19 Federal Emergency Rental Assistance Program, The Department of Human Services does not anticipate a significant fiscal impact to the department to carry out the duties required by HB 2877. Fiscal Note, House Committee Amendment No. 1 (Dept. of Human Services) The source for the Rental Assistance Program is federal and pending the final determination of the agency responsible for implementing the Covid-19 Federal Emergency Rental Assistance Program, The Department of Human Services does not anticipate a significant fiscal impact to the department to carry out the duties required by HB 2877 House Amendment 1. Housing Affordability Impact Note (Housing Development Authority) The Illinois Housing Development Authority does not anticipate any State fiscal impact because funding used is all federal funds. Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority) The Illinois Housing Development Authority does not anticipate any State fiscal impact because funding used is all federal funds.

Creates the Community Health Worker Certification and Reimbursement Act. Amends various Acts regarding medical staff credentials; electronic posters and signs; N95 masks; Legionella bacteria testing; continuing education on implicit bias awareness; overdoses; the Prescription Monitoring Program; a dementia training program; taxation of blood sugar testing materials; funding of safety-net hospitals; a Child Care Assistance Program Eligibility Calculator; managed care organizations; Federally Qualified Health Centers; care coordination; billing; the Medicaid Business Opportunity Commission; reimbursement rates; doula services; personal care of family members; the State Health Assessment; the State Health Improvement Plan; child care training; and a Medicaid Managed Care Oversight Commission. Creates the Behavioral Health Workforce Education Center of Illinois Act. Creates the Underlying Causes of Crime and Violence Study Act. Creates the Special Commission on Gynecologic Cancers Act. Creates the Racial Impact Note Act to require the estimate of the impact on racial and ethnic minorities of certain bills. Creates the Health and Human Services Task Force and Study Act to review health and human service departments and programs. Creates the Anti-Racism Commission Act concerning elimination of systemic racism. Creates the Sickle Cell Prevention, Care, and Treatment Program Act regarding programs and other matters. Amends the Illinois Health Facilities Planning Act in relation to the Health Facilities and Services Review Board, facility closure, and other matters. Creates the Medicaid Technical Assistance Act. Repeals, adds, and changes other provisions. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Removes language requiring the SHA and SHIP Partnership to regularly evaluate and update the State Health Assessment and track implementation of the State Health Improvement Plan with revisions as necessary. In provisions amending the Illinois Controlled Substances Act and regarding the Prescription Monitoring Program: (1) presents the findings of the General Assembly; (2) provides that opioid treatment programs may not transmit information without patient consent, and reports made may not be utilized for law enforcement purposes; and (3) provides that treatment of a patient may not be conditioned upon his or her consent to reporting. Removes provisions amending the Illinois Public Aid Code regarding child care. Removes language requiring the Department of Healthcare and Family Services to issue quarterly reports to the Governor and the General Assembly indicating: (i) the number of determinations of noncompliance since the last quarter; (ii) the number of financial penalties imposed; and (iii) the outcome or status of each determination. Makes other changes. House Floor Amendment No. 3 Deletes reference to: 720 ILCS 570/316 Removes provisions amending the Illinois Controlled Substances Act regarding the Prescription Monitoring Program. Makes changes in provisions amending the Adult Protective Services Act regarding adult protective services dementia training. In provisions regarding increasing access to primary care in hospitals, removes language providing that the program developed by the Department of Healthcare and Family Services shall encourage coordination between FQHCs and hospitals. In the Sickle Cell Prevention, Care, and Treatment Program Act, provides that expenditures from the Sickle Cell Chronic Disease Fund shall be subject to appropriation. Makes the following changes to the Medicaid Technical Assistance Center Act: (1) provides that the Center: (i) shall undertake efforts to identify and engage community-based providers offering behavioral health services or services addressing the social determinants of health, especially those predominantly serving communities of color or those operating within or near service deserts, for the purpose of offering training and technical assistance to them through the Center; and (ii) is committed to the principle that all Medicaid recipients have accessible and equitable physical and mental health care services; (2) requires all providers served through the Center to deliver services notwithstanding the patient's race, color, gender, gender identity, age, ancestry, marital status, military status, religion, national origin, disability status, sexual orientation, order of protection status, or immigration status; and (3) provides that moneys in the Medicaid Technical Assistance Center Fund shall be used for specified purposes, subject to appropriation. Makes other changes.

Amends the Election Code. Provides that in distribution of the remaining funds received under the federal Help America Vote Act, the State Board of Elections may make such funds available to election authorities for the maintenance of secure collection sites for the return of vote by mail ballots. Allows election authorities to establish curb-side voting for individuals to cast a ballot during early voting or on election day. Provides that an election authority's curb-side voting program shall designate at least 2 election judges from opposite parties per vehicle and the individual must have the option to mark the ballot without interference from the election judges. Requires election authorities to accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Allows election authorities to establish secure collection sites for postage-free return of vote by mail ballots. Provides for the collection and processing of vote by mail ballots submitted to collection sites. Provides that the State Board of Elections shall establish additional guidelines for the security of collection sites. Effective immediately.