Amends the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance, a controlled substance analog, or Class 3 felony methamphetamine if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that a person who is experiencing an overdose shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance, or a controlled substance analog, or in the case of methamphetamine Class 3 felony possession if evidence for the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that the action of seeking or obtaining emergency medical assistance for an overdose may be used as a mitigating factor in a criminal prosecution for Class 3 felony or higher possession, manufacture or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog, or in the case of methamphetamine Class 2 felony or higher possession, manufacture or delivery of methamphetamine. Effective immediately.
Sponsored bills
Amends the Code of Civil Procedure. Defines "short sale" as the sale of real estate that is subject to a mortgage for an amount that is less than the amount owed to the mortgagee on the outstanding mortgage loan. Provides that in a foreclosure of residential property, if the mortgagor presents to the mortgagee, which is a banking organization or corporation, a bona fide written offer from a third party to purchase the property in foreclosure which is for an amount that constitutes a short sale, and the mortgagor requests that the mortgagee approve the short sale, then the mortgagee must respond within 30 days and must agree to the short sale unless there is a reasonable justification to not do so. Provides that the fact that the proceeds of the short sale would be insufficient to satisfy the mortgage note does not constitute a reasonable justification. Provides that if the mortgagee approves the short sale, the mortgagee agrees as part of the closing of the short sale: to termination of the mortgagor's interest in the property and acceptance the sale proceeds in full satisfaction of the outstanding mortgage loan; to relieve from personal liability all persons who may owe payment or the performance of other obligations secured by the mortgage, including guarantors; and to waive all rights to a personal judgment for deficiency against the mortgagor and all other persons liable under the mortgage.
Amends the Counties Code, the Unified Code of Corrections, and the County Jail Act. Provides that a county department of corrections and the Illinois Department of Corrections shall not apply security restraints to a prisoner that has been determined by a qualified medical professional to be pregnant and is known by the county department of corrections or the Illinois Department of Corrections to be pregnant or in postpartum recovery, unless the corrections official makes an individualized determination that the prisoner presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the prisoner, her child or unborn child, the staff of the Illinois Department of Corrections, a county department of corrections, or the medical facility, other prisoners, or the public. Provides that leg irons, shackles, or waist shackles shall not be used on any pregnant or postpartum prisoner regardless of security classification. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that the county department of corrections official is immune from civil liability when applying security restraints to pregnant prisoners or those in postpartum recovery, except for willful and wanton conduct.
Amends the Liquor Control Act of 1934. Provides that no product that combines beer or any other alcoholic liquor with caffeine, guarana, taurine, or other similar substances that are commonly referred to as "alcohol energy drinks" may be imported into the State or produced, manufactured, distributed, sold, or offered for sale in this State by a licensee under the Act.
Mourns the death of Howard Kaplan.
Amends the Probate Act of 1975. Adds to the circumstances in which the court is allowed to appoint a temporary guardian: a guardian's death, incapacity, or resignation. Provides that the court shall state the actual harm that necessitates the temporary guardianship or any extension of the guardianship (instead of necessitates the temporary guardianship). Provides that no extension shall be granted except in a case where there has been an adjudication of disability, or if the court finds it is in the best interest of the alleged disabled person so as to protect the person from abuse or neglect. Deletes a provision stating that, except for an appeal of an adjudication of disability, no extension shall be granted.
Amends the Sex Offender Registration Act. Provides that a sex offender or sexual predator who was not required to register under the Act before the effective date of the amendatory Act now has a duty to register. Provides for notice to those required to register. Requires that persons unable to comply with the registration requirements because of confinement, institutionalization, or imprisonment register within 3 (instead of 5) days after discharge, parole, or release. Effective July 1, 2011.
Amends the Sex Offender Registration Act. Provides that any person who is required to register under the Act who harasses a victim or family member of a victim of the offense for which the sex offender is required to register under the Act is guilty of a Class 3 felony. Defines "harass".
Amends the Illinois Vehicle Code. Provides that, if an employer has reasonable suspicion to believe that a school bus driver permit holder is under the influence of alcohol, drugs, or intoxicating compounds, the employer may require the driver to undergo testing at a licensed testing facility before driving any vehicle for which a school bus driver permit is required. Requires that the employer's reasonable suspicion be based on specific, contemporaneous observations of the appearance, behavior, speech, or body odors of the driver. Provides that the employer shall report the driver to the Secretary of State if the driver refuses testing or submits to testing that reveals the presence of alcohol, drugs, or intoxicating compounds. Sets reporting requirements for the employer. Provides that the Secretary shall suspend for a period of 3 years the school bus driver permit of a driver who refuses testing or tests positive for the presence of alcohol drugs or intoxicating compounds.
Amends the Personal Information Protection Act. Provides that "breach of the security of the system data" includes the unauthorized use (instead of only the unauthorized acquisition) of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a data collector. Provides that a data collector that owns or licenses personal information shall notify the Attorney General of a breach. Provides that a data collector that maintains or stores (instead of only maintains) computerized or other data (instead of only computerized data) that includes personal information must cooperate with the owner or licensee of the information in relation to a breach. Requires that notification of a breach sent to an Illinois resident by a data collector that owns or licenses personal information or by a State agency must contain certain information, including information concerning placing a security freeze on the release of information from the resident's credit report. Sets forth the Attorney General's duties upon receiving notice of a security breach, as well as additional duties of data collectors and State agencies. Sets forth standards for disposal of materials containing personal information, and provides penalties for a violation.