Criminal Justice

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.

Amends the Juvenile Court Act of 1987. Provides that either the court or the State's Attorney, or both, (rather than the State's Attorney) or an entity designated by the State's Attorney, may establish community mediation programs designed to provide citizen participation in addressing juvenile delinquency. Provides that prior to entering a sentence, the court shall require the parties involved to consider participation in a restorative practice, such as a conference or circle as defined in the Code of Civil Procedure, to identify and repair harm to the extent possible, address trauma, reduce the likelihood of further harm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participatory process. Provides that participation in the process shall be voluntary by all parties, and any resulting agreement shall contain only reasonable and proportionate obligations. Provides that the agreement shall be recommended to the court as an alternative to sentencing.

Amends the Code of Criminal Procedure of 1963. Provides that if the court orders an unfit defendant to be placed in the custody of the Department of Human Services, during the period of time required to determine bed and placement availability at the designated facility, the defendant may (rather than shall) remain in jail. Makes technical changes in a provision concerning credit for good behavior.

Amends the Unified Code of Corrections. Provides that the rules and regulations of the Department of Corrections shall provide that sentence credit may be provided to an inmate who was held in pre-trial 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, parenting program, or re-entry planning facilitated (rather than provided) by the county department of corrections or 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 prior to his or her commitment to the Department of Corrections. Provides that the rules and regulations shall also provide that any inmate who was held in pre-trial detention prior to his or her confinement to the Department of Corrections, engaged in self-improvement programs, volunteer work, or work assignments that are not otherwise eligible activities shall receive up to 0.5 days of sentence credit for each day in which the inmate is engaged in these activities.

Amends the Code of Criminal Procedure of 1963. Provides that a no-knock search warrant shall not be issued when the only offense alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use. Provides that when an officer, having a warrant for the search of a dwelling, executes the search warrant, the officer shall: (1) execute the warrant between the hours of 9 a.m. and 7 p.m. unless the judge, for good cause, expressly authorizes execution at another time; (2) be readily identifiable as a law enforcement officer in uniform or wearing a visible law enforcement badge that clearly identifies the person as a law enforcement officer; (3) In counties of 90,000 or more inhabitants, be a member of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incidents, who has received appropriate training in the execution of arrest and search warrants authorizing entry without notice; (4) wear and activate a body-worn camera as required by the use of force in execution of a search warrant when entering a premises for the purpose of enforcing the law; (5) have a certified or licensed paramedic or emergency medical technician in proximity and available to provide medical assistance, if needed; (6) be prohibited from pointing firearms at individuals under 18 years old, unless there is clear and present danger to the officer or another person; and (7) knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear, allow a minimum of 30 seconds of time before entering given the size of the dwelling for someone to get to the door, and delay entry if the officer has reason to believe that someone is approaching the dwelling's entrance with the intent of voluntarily allowing the officer to enter the dwelling; except that this provision does not apply if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening the life of or grave injury to a person, provided that the imminent danger is not created by the law enforcement officers executing the search. Makes other changes.

Amends the Law Enforcement Camera Grant Act. In provisions relating to the annual report that is required for each law enforcement agency receiving a grant for officer-work body cameras, removes requirements that the report must include specified information relating to each recording used in prosecutions of conservation, criminal, or traffic offenses or municipal ordinance violations and specified information related to recordings used in a civil proceeding or internal affairs investigation.

Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding for the prosecution of a homicide. Provides that in any proceeding under this provision, the prosecution shall timely disclose prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a place of detention. Provides that at that time, the prosecution must tender any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained and any other evidence the State intends to rely upon to determine the statement's reliability. Provides that before trial, a defendant may move to exclude a statement alleged to be unreliable. Provides that the defendant shall specifically identify the statement or statements alleged to be unreliable. Provides that at the hearing, it shall be the burden of the prosecutor to prove by a preponderance of the evidence that the statement is reliable. Provides that when deciding a statement's reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than originated with the defendant; (4) whether the defendant recanted the defendant's statement at any time and the circumstances of that recantation; (5) whether the statement was electronically recorded; and (6) any other information relevant to the reliability of the statement.

Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State.

Amends the School Code. Provides that the State Board of Education shall require that each school district annually report the number of students who were referred to a law enforcement agency or official and the number of instances of referrals to law enforcement that students received. Provides that on or before January 31, 2027 and on or before January 31 of each subsequent year, the State Board of Education shall prepare a report on student referrals to law enforcement in all school districts in the State. Requires a parent-teacher advisory committee to develop policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding both criminal and civil offenses (rather than only criminal offenses) committed by students. Removes language providing that a student may not be issued a monetary fine or fee as a disciplinary consequence. Instead, prohibits school personnel from issuing a monetary fine, fee, ticket, or citation for a municipal code violation. Provides that school personnel (rather than a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (rather than only to any other local public entity) for that local public entity, school resource officer, or peace officer to issue the child a fine or fee as punishment for truancy. Effective immediately.

Amends the Firearm Owners Identification Card Act. Provides that a person charged with certain weapon-related offenses under the Criminal Code of 2012 and sentenced to the First Time Weapons Offense Program under the Unified Code of Corrections or any other court-ordered diversionary program created by law or by a court of the State of Illinois may submit an application for a Firearm Owner's Identification Card before receiving a court order demonstrating completion of the program. Directs the Illinois State Police to issue a Firearm Owner's Identification Card to such a person upon receiving a court order demonstrating completion of the program, provided the person is otherwise eligible to receive a Firearm Owner's Identification Card. Specifies that a FOID application made under this provision shall be approved or denied within 10 business days of receiving a court order or written notification from a State's Attorney that the person completed a diversionary program.