Sen. Ira I. Silverstein

Mourns the passing of Rabbi William Z. Novick of Chicago.

Amends the Flag Display Act. Requires the Governor to issue an official notice of the death of an Illinois resident killed by hostile fire as a member of the United States armed forces or killed in the line of duty as a law enforcement officer. Upon that notice, requires the display of the United States national flag, the State flag of Illinois, and the appropriate military flag at half-staff at each State and local government location required to display the United States national flag on a flagstaff. Requires the Department of Veterans' Affairs and the Department of State Police to notify the Governor of a resident's death. Effective immediately.

Amends the Downstate Police Article of the Illinois Pension Code. Provides that the annual property tax levied for pension purposes shall be forwarded directly to the treasurer of the board within 30 business days after receipt by the county. Effective immediately.

Amends the Criminal Code of 1961 and the Illinois Vehicle Code. Provides that, if a defendant commits reckless homicide upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties, the defendant is guilty of a Class 2 felony. Provides that the defendant, if sentenced to a term of imprisonment, shall be sentenced to (i) not less than 3 years and not more than 14 years if the defendant caused the death of one person or (ii) not less than 6 years and not more than 28 years if the defendant caused the deaths of 2 or more persons as part of a single course of conduct. Creates the offense of aggravated reckless driving where a school crossing guard is performing official duties, a Class 3 felony. Provides that a person commits the offense if he or she drives with a willful or wanton disregard for the safety of persons or property and as a result causes bodily injury to a child or a school crossing guard while the school crossing guard is performing his or her official duties.

Amends the Illinois Human Rights Act. Makes a technical change in a Section concerning the Human Rights Commission.

Amends the Probate Act of 1975. Provides that no guardian ad litem or legal fees shall be assessed against the Department of Human Services Office of Inspector General where that office is the petitioner pursuant to the Abuse of Adults with Disabilities Intervention Act (in addition to the present exceptions where the Office of State Guardian is the petitioner under the Guardianship and Advocacy Act or an elder abuse provider agency is the petitioner under the Elder Abuse and Neglect Act). Effective immediately.

Creates the Anti-Phishing Act. Makes it unlawful for a person, by means of a Web page, e-mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing oneself to be a business without the authority or approval of the business. Provides that a person who is engaged in the business of providing Internet access service to the public, owns a Web page, or owns a trademark and is adversely affected by a violation may bring an action to recover the greater of actual damages or $500,000. Provides that an individual who is adversely affected by a violation may bring an action against a person who has directly violated the Act to enjoin further violations of the Act and to recover the greater of 3 times the amount of actual damages or $5,000 per violation. Provides that the Attorney General or a State's Attorney may bring an action against a person who violates or is in violation of the Act to enjoin further violations and to recover a civil penalty of up to $2,500 per violation. Provides that a court may increase the recoverable damages to an amount up to 3 times the damages otherwise recoverable if the defendant has engaged in a pattern and practice of violating the Act and award costs of suit and attorney's fees to a prevailing plaintiff. Provides that these remedies do not preclude the seeking of remedies, including criminal remedies, under any other applicable provision of law. Provides that multiple violations resulting from any single action or conduct shall constitute one violation.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the court in a dissolution judgment may also set aside a portion of the joint or separate estates of the parties in a fund or trust for the physical and mental health (at present, for the support, maintenance, education, and general welfare) of any minor, dependent, or incompetent child of the parties.

Amends the Criminal Code of 1961. Provides that a person commits computer tampering if he or she, knowingly and without the authorization of a computer's owner, accesses or causes to be accessed a computer network. Provides that accessing a computer network is deemed to be with the authorization of a computer's owner if: the owner authorizes patrons, customers, or guests to access the computer network and the person accessing the computer network is an authorized patron, customer, or guest and complies with all terms or conditions for use of the computer network that are imposed by the owner; or the owner authorizes the public to access the computer network and the person accessing the computer network complies with all terms or conditions for use of the computer network that are imposed by the owner.

Amends the School Code. Provides that a board of education may enter into a contract with a third party for non-instructional services currently performed by an employee or bargaining unit member or lay off those educational support personnel employees upon 90 (instead of 30) days written notice. Adds conditions on the entering of such a contract, including providing that: (1) a contract must not be entered into during the term of a collective bargaining agreement; (2) any third party that submits a bid to perform the services shall provide comparable liability insurance, a comparable benefits package, a list of the number of employees who will provide the services and the wages the third party will pay those employees, a minimum 3-year cost projection, and information about the criminal and disciplinary records of the employees; (3) a contract must not be entered into unless the school board provides a cost comparison; (4) a minimum of 2 public hearings to discuss the school board's proposal to contract with a third party must be held; (5) a contract shall contain provisions requiring the contractor to offer available employee positions pursuant to the contract to qualified school district employees whose employment is terminated because of the contract; and (6) a contract shall contain provisions requiring the contractor to comply with a policy of nondiscrimination and equal employment opportunity. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.