Criminal Justice

Amends the Code of Criminal Procedure of 1963. Provides that a petitioner may not be denied a protective order because the petitioner or the respondent is a minor or solely upon the basis that the respondent or petitioner is incarcerated in a penal institution at the time of the issuance of the order. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may be filed by: (i) a crime victim who was abused by an family or household member before the incarceration of the offender in a penal institution, and the offender is incarcerated in a penal institution at the time of the filing of the petition; or (ii) any person who has previously suffered abuse by a family or household member convicted of domestic battery, aggravated domestic battery, aggravated battery; any other offense that would constitute domestic violence; or a violent crime as defined in the Rights of Crime Victims and Witnesses Act committed against another person. Effective immediately.

Amends the County Shelter Care and Detention Home Act, the Illinois Local Library Act, the Public Library District Act of 1991, the Village Library Act, the Libraries in Parks Act, the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the Child Care Act of 1969, the Illinois Public Aid Code, the Unified Code of Corrections, and the Probation and Probation Officers Act to require the placement of contact information for the 9-8-8 National Suicide Prevention Lifeline. Amends the School Code. With respect to the comprehensive health education program, provides that a school board shall require each public school serving students in any of grades 6 through 12 to assess courses and seminars available to those students through their regular academic experiences and implement age-appropriate, evidence-based suicide prevention curricula if opportunities for integration exist. Further amends the Unified Code of Corrections. In provisions concerning an inmate's successful transition to the community, provides that release planning shall include access to suicide prevention resources.

Amends the Protective Orders Article of the Code of Criminal Procedure of 1963. Changes the definition of "harassment". Provides that the court may order the respondent to cease harassment. Establishes procedures for motions to extend plenary protective orders. Provides that the court may order the respondent to stop creating, using, and disseminating; remove; and delete the following harassing conduct: (1) any and all material or statements that constitute harassment, including, but not limited to, doxing, electronically generated or digitally altered content, and sexual private images and digitally altered sexual images; and (2) any and all electronic tracking or monitoring devices, system, or other electronic means, or tracking information. Provides that the court may order the respondent to present sufficient evidence that such compliance has occurred. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.

Amends the Code of Criminal Procedure of 1963. In a provision concerning the prosecution of a person for an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, deletes a provision which states that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall occur outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television. Deletes that this presumption may be overcome if the defendant can prove by clear and convincing evidence that the child victim will not suffer severe emotional distress. Provides that, if the court denies the State's request for the child victim's testimony to be taken outside the courtroom, the court shall toll the speedy trial requirements for 30 days to allow the State to present the motion to the court again before trial requesting the child's testimony to be taken outside the courtroom by means of a closed circuit television.

Creates the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act. Provides that reasonable accommodations for incarcerated individuals with an intellectual disability or a developmental disability shall include a waiver of any requirement that the individual take the Test of Adult Basic Education and receive a passing score, or take and receive a passing score on any other examination or test that the Department may require to determine academic achievement or access to educational programs, work assignments, and vocational programs. Provides that participation in these programs through the Test of Adult Basic Education waiver and other reasonable accommodations shall qualify individuals with an intellectual disability or a developmental disability to earn earned sentence credit, consistent with opportunities provided to other incarcerated individuals. Provides that Department of Corrections staff, including educational personnel, shall receive annual training on: (1) identifying individuals who have an intellectual disability or a developmental disability; (2) providing accommodations and supports to an individual with an intellectual disability or a developmental disability in educational, employment. and vocational settings; and (3) administering appropriate alternative assessments. Provides that staff training programs shall be developed in collaboration with disability advocacy organizations and educational institutions. Provides that the Department shall ensure compliance with federal disability laws, including the Americans with Disabilities Act and Rehabilitation Act of 1973, through the implementation of the Act. Provides that individuals with an intellectual disability or a developmental disability who are denied access to programs or accommodations under the Act may file a grievance through the Department's established grievance procedures. Effective immediately.

Amends the Juvenile Court Act of 1987. Provides that the court shall require a minor to participate in restorative justice programs, such as social service programs for high-risk youth, cognitive behavioral therapy, including family engagement and mentoring, and comply with referral recommendations if the minor: (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury.

Amends the Juvenile Court Act of 1987. Provides that, in proceedings under the Minors Requiring Authoritative Intervention, Addicted Minors, or Delinquent Minors Article, initiated in a county, other than the county in which the minor who is subject of the proceedings resides, the court in which the proceedings were initiated may at any time before or after adjudication of wardship transfer the case to the county of the minor's residence. Provides that not later than 15 working days after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, and the minute orders and docket entries of the court. Provides that the clerk of the receiving court shall set a status hearing within 10 business days after receipt of the case and shall notify the judge of the receiving court and all parties. Provides that the receiving court shall review the court record immediately upon receipt. Provides that within 20 business days after receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Provides that until the transferring court receives this notice it continues to have jurisdiction over the case. Provides that if for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days after receiving the case, send a notice to the transferring court indicating its reasons. Provides that the transferring court will continue its jurisdiction of the case and shall set the matter for status within 20 business days. Effective immediately.

Amends the Criminal Code of 2012. Modifies the offense of unauthorized video recording and live video transmission to also include unauthorized photographing. Provides that it is unlawful for any person to knowingly make a video record or transmit live video of or photograph another person in a courtroom or any location inside of a State courthouse without that person's consent or judicial authorization. Provides that a violation is a Class 4 felony or a Class 3 felony if the victim is a person who is a victim or witness in a criminal case and is present in court in his or her capacity as a victim or witness. Provides that it is unlawful for any person to place or cause to be placed a device that makes a video record or transmits live video or photographs another person in a courtroom or any location inside of a State courthouse without that person's consent or judicial authorization. Provides that a violation is a Class A misdemeanor. Defines "courthouse".

Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a person commits the crime of violation of an order of protection under the Criminal Code of 1961 or the Criminal Code of 2012 if the person, in violation of an order to surrender the person's firearms and firearm parts, knowingly transfers a firearm or firearm parts to the respondent or otherwise allows the respondent access to a firearm or firearm parts. Provides that, if the law enforcement agency seeks to correct or negate the warrant for the seizure of the respondent's firearms and firearm parts, it shall take reasonable steps to notify the petitioner before appearing before the court. Makes technical changes.

Amends the Unified Code of Corrections. Provides that the rules and regulations of the Department of Corrections shall also provide that sentence credit may be provided to an inmate who was held in pretrial detention prior to his or her current commitment to the Department of Corrections and successfully completed a substance abuse program (rather than a full-time, 60-day or longer substance abuse program), county jail or detention facility work assignments, or parenting program, or re-entry planning facilitated (rather than provided) by the county department of corrections, county jail, or other provider. Provides that the rules and regulations shall also provide that sentence credit may be provided to a committed person who participated in supervised community work or activities in accordance with the Code prior to his or her commitment to the Department of Corrections.