Criminal Justice (Courts)

Amends the Illinois State Police Act. Creates a registry of persistent domestic violence offenders within the Illinois State Police. Provides that the Illinois State Police shall maintain the registry based upon information supplied to the Illinois State Police by court clerks and information available to the Illinois State Police from the Department of Corrections and local law enforcement agencies. Provides that the Illinois State Police shall make the registry available for public inquiry on the Internet. Provides that the registry must consist of the persistent domestic violence offender's name, date of birth, conviction date, county of convictions, and a current photograph of the persistent domestic violence offender. Provides that, if a person is convicted of an offense committed against a domestic abuse victim and the person convicted has at least one prior conviction for an offense committed against a domestic abuse victim, then the court shall, upon proof of any prior convictions committed against a domestic abuse victim, order the person to register as a persistent domestic violence offender. Provides that a defendant who is required to register must be assessed a registration fee in the amount of $150. Provides that the Illinois State Police shall remove from the registry the name and other identifying information of a persistent domestic violence offender after a specified number of years following the defendant's most recent conviction.

Amends the Juvenile Court Act of 1987. Provides that the State's Attorney may file a written petition, at any time prior to commencement of the minor's trial, to designate the proceeding as an extended jurisdiction juvenile prosecution when the petition alleges the commission by a minor 15 (rather than 13) years of age or older of any offense that would be a felony if committed by an adult. Provides that, upon filing of a petition, the judge shall conduct a hearing at which he or she shall first determine whether there is probable cause to believe that the allegations in the petition and motion are true. Provides that, if probable cause is found, the judge may enter an order designating the proceeding as an extended jurisdiction juvenile proceeding if the judge makes a finding based on clear and convincing evidence that sentencing under the Unified Code of Corrections may be appropriate for the minor based on an evaluation of certain factors. Provides that the judge shall consider: (1) the minor's age, impetuosity, and level of maturity at the time of the offense, including the ability to consider risks and consequences of behavior, and any presence of cognitive or developmental disability, or both, including if a comprehensive mental health evaluation of the minor was conducted by a qualified mental health professional, the outcome of the evaluation; and (2) the history of the minor, including the minor's family, home environment, educational and social background, including any history of parental neglect, domestic or sexual violence, sexual exploitation, physical abuse, or other childhood trauma, including adverse childhood experiences. Makes other changes.

Amends the Code of Criminal Procedure of 1963. Provides that if the court enters an order for the detention of the defendant pursuant to the denial of pretrial release provisions of the Code, the defendant shall be brought to trial on the offense in accordance with the speedy trial provisions of the Code (rather than brought to trial for the offense for which he is detained within 90 days after the date on which the order for detention was entered). Deletes the provision that if the defendant is not brought to trial within the 90-day period, he or she shall not be denied pretrial release.

Amends the Firearm Owners Identification Card Act. Provides that, notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that, if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card.

Amends the Mental Health and Developmental Disabilities Code. Provides that the circuit court has jurisdiction over persons who are: (1) subject to involuntary admission on an inpatient basis; or (2) in need of treatment by psychotropic medication and electroconvulsive therapy. Provides that no respondent who has pending felony charges may be ordered to undergo a program of hospitalization in a mental health facility operated by the Department of Human Services unless the Department agrees to the program of hospitalization. Removes provisions granting the circuit court jurisdiction, until January 1, 2030, over all persons subject to involuntary admission on an outpatient basis.

Amends the Code of Criminal Procedure of 1963. Provides that if a person has 2 or more pending misdemeanor charges involving a firearm or 4 or more pending Class A misdemeanor charges, the defendant may be charged as a habitual misdemeanant offender. Provides that the provision does not apply unless each of the following requirements are satisfied: (1) the third offense occurred after the second offense; (2) the second offense occurred after the first offense; and (3) all of the charged offenses must be proved at trial in order for the person to be adjudged a habitual misdemeanant offender. Provides that the charges alleged do not have to be for the same offense. Provides that any offense that results from or is connected with the same transaction, or results from an offense committed at the same time, shall be counted for the purposes of this provision as one offense. Provides that a habitual misdemeanant offender shall be sentenced as a Class 4 felony offender for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years. Provides that the court may deny pretrial release to a person charged as a habitual misdemeanant offender. Amends the Unified Code of Corrections to make conforming changes.

Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Adds a Part concerning Fitness to Stand Trial. Specifies the unfitness standard for a minor. Sets forth procedures to raise the issue of the unfitness of a minor. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a minor. Provides the requirements for the services to attain fitness, the period to obtain fitness, initial and subsequent progress reports, periodic hearings, and in-court assistance to render a minor fit. Specifies time credit and sentencing guidelines for a minor who attains fitness. Provides for the legal disposition of a minor if fitness cannot be attained. Creates the Juvenile Discharge Hearing Task Force to examine the juvenile discharge hearing process, compare Illinois' process with those of other states with juvenile fitness standards, and recommend reforms to the process that ensures minors receive meaningful treatment for existing mental health needs. Provides that the recommendations shall include statutory language to update the juvenile hearing discharge process and whether the juvenile discharge hearing should take place on the same timeframe as discharge hearings for adult offenders. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2027. Repeals task force provisions on January 1, 2028. Contains other provisions. Contains a severability provision. Effective July 1, 2026.

Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing the sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.

Amends the Unified Code of Corrections. Provides that it is a factor that shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reasons to impose a more severe sentence that the defendant committed an act of sexual conduct or sexual penetration with a student at a school and the defendant was employed as school personnel and the act of sexual conduct or sexual penetration occurred, regardless of the place of occurrence of the act of sexual conduct or sexual penetration, at the time the defendant was employed as school personnel. Defines "school personnel" and "student".

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked after a hearing on the court's own motion or upon the filing of a verified petition by the State if the defendant: (1) is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release; (2) has abused or manipulated the pretrial release system causing undue delay on the proceedings; or (3) has shown that he or she will not appear for court regardless of the conditions of release that are imposed (rather than when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release). Establishes procedures for the pretrial release revocation hearings. Provides that the revocation hearing shall occur within 96 (rather than 72) hours of the filing of the State's petition or the court's motion for revocation. Provides that sanctions for violations of pretrial release may include imprisonment in the county jail for a period not exceeding 60 (rather than 30) days.