Criminal Justice

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 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 First Responders Suicide Prevention Act. Provides that confidentiality protections under the Act apply regardless of whether the peer support person is employed by, or affiliated with, the same agency as the first responder receiving support. Provides that, except in specified circumstances, all communications, records, notes, reports, or information disclosed during, or in connection with, a critical incident stress management session is confidential and may not be disclosed by any CISM practitioner. Provides that a CISM practitioner may not be compelled to testify or disclose any communication, record, note, report, or information disclosed during, or in connection with, a critical incident stress management session in any administrative, civil, or criminal proceeding. Provides that the confidentiality protections under the provisions apply whether or not the CISM practitioner is affiliated with the same agency as the individual receiving services. Provides that any communication described in the provisions is subject to subpoena for good cause shown. Provides that the confidentiality protections under the provisions do not apply to (1) any threat of suicide or homicide made by a participant in a peer support counseling session or any information conveyed in a peer support counseling session related to a threat of suicide or homicide; (2) any information mandated by law or agency policy to be reported, including, but not limited to, domestic violence, child abuse or neglect, or elder abuse or neglect; (3) any admission of criminal conduct; or (4) an admission or act of refusal to perform duties to protect others or the employee of the emergency services provider or law enforcement agency. Defines "CISM practitioner" and "CISM services".

Amends the Criminal Code of 2012. Provides that a caregiver also commits criminal abuse or neglect of an elderly person or person with a disability when he or she knowingly: (1) performs acts that create the substantial likelihood that the person's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate; or (2) fails to perform acts that he or she knows or reasonably should know are necessary to maintain or preserve the life or health of the person and that failure creates a substantial likelihood that the person's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate. Provides that a violation is a Class A misdemeanor. Defines "voluntarily assumed the responsibilities for care". Changes the definition of "caregiver". In the statute concerning financial exploitation of an elderly person or a person with a disability, defines "undue influence".

Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall inform a victim of sexual assault or sexual abuse of the right to request that any interview or statement be conducted in the presence of a law enforcement officer of a particular sex or gender, if one is reasonably available. Provides that if a law enforcement officer of the requested sex or gender is not reasonably available, the interview or statement shall proceed without unnecessary delay.

Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, in county juvenile detention facilities, or in Illinois Youth Centers, on parole or probation, or registered as a sex offender if the person was unjustly convicted or adjudicated a delinquent and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or adjudicated a delinquent or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole or probation or required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, in a county juvenile detention facility, or in a Illinois Youth Center, on parole or probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.

Amends the Criminal Code of 2012. Provides that a person commits domestic battery if he or she knowingly without legal justification by any means engages in coercive control over a family or household member. Defines "coercive control". Amends the Protective Orders Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Includes coercive control in the definition of "abuse". Defines "coercive control".

Amends the Criminal Code of 2012. Combines harassment by telephone and harassment through electronic communications into one statute. Provides that a person also commits the offense by knowingly making any comment, request, suggestion, or proposal with the intent to harass another and that comment, request, suggestion, or proposal is not necessary to accomplish a purpose that is reasonable under the circumstances, that would cause a reasonable person emotional distress and does cause emotional distress to another.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall ensure that a committed person and the committed person's correspondents are not charged any fee, surcharge, or cost for mail communication or mail scanning services that exceed the standard postage rate set by the United States Postal Service. Provides that the Department shall not charge the committed person or correspondent any fee, surcharge, or cost for any incoming mail addressed to and received by the committed person, including any material received through mail scanning services. Provides that the Department shall not charge the committed person any fee, surcharge, or cost for outgoing mail delivery or mail scanning services that exceeds the postage rate set by the United States Postal Service for any outgoing mail. Provides that the Department or any third-party vendor that the Department contracts with, shall not impose any fee, surcharge, or cost to the committed person above the United States Postal Service rate for mail communication, including the delivery or scanning of mail. Provides that the Department shall not use the provision of voice communication services, mail communication, mail scanning services, or any other communication services to supplant in-person contact visits. Provides that the Department shall not receive revenue, directly or indirectly, from the provision of voice communications, mail communication, mail scanning services, or other communication services to a person in custody in any institutions and facilities of the Department. Provides that beginning July 1, 2027, the Department shall annually report to the General Assembly on the status of any communication services contracts and plans to consolidate contracts to maximize purchasing power for voice communication services, mail communication services, and all other communication services. Provides that the Department shall post the report on its website. Effective immediately.