Del. Don Scott

Court appearance of a person not free on bail.Makes various changes to provisions regarding bail hearings, including(i) the appointment of counsel for the accused, (ii) the informationprovided to counsel for the accused, (iii) a requirement that counselfor the accused be provided with adequate time to confer with theaccused prior to any bail hearing, and (iv) the compensation of counselfor the accused. Effective in due course, the bill provides thatthe chief judge in each circuit shall create a plan to be completedby October 1, 2022, that establishes the means by which the jurisdictionwill meet these requirements. The remainder of the bill has a delayedeffective date of January 1, 2023.

Juvenile justice; human trafficking screening.Requires the Department of Juvenile Justice to use trauma-informedscreening measures to identify whether any child committed to theDepartment has been a victim of human trafficking and determine appropriate treatment and service options. The bill also requires that, in casesin which a juvenile and domestic relations district court or circuitcourt orders that a juvenile within its jurisdiction be physicallyexamined and treated by a physician or local mental health center,such examination include trauma-informed screening measures to identifywhether the juvenile has been a victim of human trafficking and determineappropriate treatment and service options.

Arrest and prosecution of individual experiencing a mental health emergency; assault or assault and battery against a law-enforcement officer. Provides that no individual shall be subject to arrest or prosecution for an assault or assault and battery against a law-enforcement officer if at the time of the assault or assault and battery (i) the individual (a) is experiencing a mental health emergency or (b) meets the criteria for issuance of an emergency custody order and (ii) the law-enforcement officer subject to the assault or assault and battery was responding to a call for service requesting assistance for such individual. The bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution.

Commercial sex trafficking, prostitution, etc.;mistake of age defense. Provides that a defendant's ignoranceof the victim's age, the victim's misrepresentation of his age, orthe defendant's belief that the victim was an adult shall not beraised as a defense in a prosecution for certain crimes related tocommercial sex trafficking and prostitution involving a minor victim.

Fines and costs; period of limitations on collection.Changes the period of limitations for the collection of courtfines and costs from within 60 years from the date of the offenseor delinquency giving rise to imposition of such penalty if imposedby a circuit court or within 30 years if imposed by a general districtcourt to within three years from the date of the judgment whetherimposed by a circuit court or general district court. The bill also states that upon the expiration of the period of limitations, thefines imposed and costs taxed are extinguished and there shall beno right to collect the debt and that the period of limitations shallnot be extended or revived on account of a partial payment; a writtenor verbal affirmation of any fines, monetary penalties, or costs; or a change in collection methods.

Jury duty; allowance increase. Increasesthe jury duty allowance from $30 to $40 for each day of attendanceupon the court effective July 1, 2022; to $45 effective July 1, 2023;and to $50 effective July 1, 2024, and thereafter.

Teacher compensation; at or above national average.Requires that public school teachers be compensated at a rate thatis at or above the national average. Under current law, compensationat such rate is aspirational. The bill requires state funding tobe provided pursuant to the general appropriation act in a sum sufficientto fund a 4.5 percent annual increase for public school teacher salaries,effective from the 2023-24 school year through the 2027-28 schoolyear. The bill has a delayed effective date of July 1, 2023.

Department of Corrections; earned sentence credits;robbery. Specifies that any person serving a sentence on a Class2 felony for committing robbery and causing serious bodily injuryto or the death of any other person is subject to a maximum 4.5 earnedsentence credits for each 30 days served. Consequently, a personserving a sentence on a robbery that is a Class 3, Class 5, or Class6 felony is not subject to the maximum 4.5 earned sentence credits and may be eligible for the four-level classification system forthe awarding and calculation of earned sentence credits to becomeeffective on July 1, 2022. The bill requires the calculation of earnedsentence credits to apply retroactively to the entire sentence ofany inmate who is confined in a state correctional facility and participatingin the earned sentence credit system on July 1, 2022, and was (i)convicted of robbery, as such crime was in effect prior to July 1,2021, provided that such person, during the commission of such robbery,did not cause serious bodily injury to or the death of another personor (ii) convicted of robbery punishable as a Class 3, Class 5, orClass 6 felony on or after July 1, 2021.

Local rent stabilization authority. Provides that any locality may by ordinance adopt rent stabilization provisions. The bill provides that no such ordinance shall be adopted until the proposed ordinance has been posted on the locality's website and advertised in a newspaper of general circulation in the locality at least two weeks prior to a public hearing on such ordinance. All landlords who are under rent stabilization may be required to give up to a two-month written notice of a rent increase and cannot increase the rent by more than the locality's rent stabilization allowance, the maximum amount a landlord can increase a tenant's rent during any 12-month period, in effect at the time of the increase, and the bill requires the locality to annually publish this allowance on its website. The allowance is equal to the annual increase in the Consumer Price Index for the region in which the locality sits and is effective for a 12-month period beginning July 1. The bill provides that no such ordinance shall apply to the following: 1. Any unit in a licensed facility, the primary purpose of which is the diagnosis, cure, mitigation, and treatment of illnesses; 2. Any unit in a facility owned or leased by an organization exempt from federal income taxes pursuant to § 501(c)(3) of the Internal Revenue Code, the primary purpose of which is to provide temporary sanctuary or shelter for qualified clients, provided that the organization has notified the clients residing in the facility of the temporary nature of their housing at the inception of their residence; 3. Any owner-occupied group house; 4. Religious facilities, such as churches, synagogues, parsonages, rectories, convents, and parish homes; 5. Transient facilities, such as motels, tourist homes, and bed and breakfast facilities; 6. School dormitories; 7. Licensed assisted living facilities and nursing homes; or 8. Single-family residences. The bill states that such ordinance shall provide a procedure by which a landlord may apply for an exemption from the rent stabilization provisions in situations where the net operating income generated by the rental facility has not been maintained due to escalating operating expenses or for other appropriate reasons as established by the locality. The locality may establish a civil penalty for failure to comply with the requirements set out in the ordinance that shall not exceed $2,500 per separate violation.

Discretionary sentencing guidelines; prior convictions and juvenile adjudications. Provides that, for the purposes of discretionary sentencing, previous convictions shall not include (i) any adult conviction more than 10 years prior to the date of the commission of the present offense, unless the prior adult conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months for the offense, and the defendant has committed another violent felony within a 15-year period between the date of the defendant's sentencing for the prior offense and commission of the present offense and (ii) any juvenile adjudications of delinquency or any juvenile convictions, unless the juvenile was tried as an adult and the conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months, and the date of offense was within the 10 years preceding sentencing for the present offense. The bill also provides that juvenile adjudications of delinquency and certain adult prior convictions shall not serve as the basis for any sentencing enhancement in an adult criminal case.