Criminal Justice

Creates the Youth Public Safety and Social Media Accountability Act. Provides that no person shall coordinate or promote an unlawful large youth gathering, including through the use of a social media platform. Provides that a person who violates the provision commits a Class A misdemeanor. Provides that an operator of a social media platform shall take reasonable measures to restrict content that coordinates or promotes an unlawful large youth gathering. Provides that an operator of a social media platform shall maintain at least $5,000,000 in liability insurance filed with the Department of Insurance to cover harms arising from a violation of the provision. Provides that a person injured in connection with an unlawful large youth gathering may bring a civil action against a social media platform.

Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with: (1) violation of conditions of pretrial release, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (2) a felony or misdemeanor offense and (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed. Establishes timelines for different offenses for filing petitions seeking pretrial detention. Provides that if the State seeks as a basis to file a petition for pretrial detention that a person charged with a felony or misdemeanor offense (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed, the State shall be required to present a verified application setting forth in detail the conduct of the defendant that forms the basis of the allegation that the defendant has abused and manipulated the pretrial release system causing undue delay on the proceedings or has shown that he will not appear for court regardless of the conditions of release that are imposed. Provides that upon verified application by the defendant, the court before which the proceeding is pending may reconsider the continued detention of the defendant. Provides that the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the previous detention hearing. Provides that if the court grants release where it had previously detained the defendant, the court shall state on the record of the proceedings the findings of facts and conclusions of law upon which such order is based. Makes other changes.

Amends the Criminal Code of 2012. Provides that a person who, in committing a domestic battery, other than by discharge of a firearm, knows the individual battered to be a person 60 years of age or older commits aggravated domestic battery.

Amends the Criminal Code of 2012. Provides that a person commits the offense of concealment of homicidal death when he or she knowingly permits the concealment or disposal of a body on property under the person's control with knowledge that the other person has died by homicidal means. Increases the penalty for concealment of homicidal death from a Class 3 felony to a Class 2 felony. Provides that a person commits the offense of concealment of death when he or she knowingly permits the concealment or disposal of a body on property under the person's control with the intent of concealing information regarding the place or manner of death of that person, or the identity of any person with information regarding the death of that person. Increases the penalty for concealment of death from a Class 4 felony to a Class 3 felony. Effective immediately.

Amends the Criminal Code of 2012. Provides that violation of an order of protection is a Class 4 felony if the defendant has any prior conviction of violation of a civil no contact order, violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as violation of a civil no contact order or violation of a stalking no contact order. Provides that violation of a civil no contact order is a Class 4 felony if the defendant has any prior conviction for violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order. Provides that violation of a stalking no contact order is a Class 4 felony if the defendant has any prior conviction under the Code for a violation of an order of protection, violation of a stalking no contact order, or violation of a civil no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order.

Amends the Code of Criminal Procedure of 1963. Provides that, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial.

Amends the Illinois TRUST Act. Provides that certain limitations under the Act regarding actions that may be taken by law enforcement agencies and officials do not apply with respect to an individual who is not a citizen of the United States and who has been charged or convicted of a criminal offense under Illinois law. Directs a law enforcement agency or official to immediately notify an immigration agent whenever it has in its custody such an individual. Effective immediately.

Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner a threat of destruction of a child care institution or day care center building or property, or a threat of violence, death, or bodily harm directed against persons at a child care institution or day care center, a child care institution or day care center function, or a child care institution or day care center event, whether or not the child care institution or day care center is in session. Provides that a violation is a Class 4 felony. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that, upon the filing of a petition or a motion by the State or the court, the court shall order the revocation of the defendant's pretrial release when a defendant who was previously granted pretrial release is charged with a violation of a felony or Class A misdemeanor committed while on pretrial release. Provides that when a defendant previously granted pretrial release is charged with violation of a Class B or C misdemeanor committed while on pretrial release, the State may seek revocation of the defendant's pretrial release under the Code. Provides that a court shall deny a defendant charged with a Class X felony pretrial release only if: (1) the offense with which the defendant has been charged is not specifically enumerated in the denial of pretrial release provisions of the Code; and (2) prior to denial of pretrial release, the court has determined there is probable cause the defendant has committed a Class X felony, pursuant to the probable cause hearing in the denial of pretrial release provisions of the Code. Makes other changes.

Amends the State Finance Act. Changes the name of the Death Penalty Abolition Fund to the Death Penalty Restoration Fund. Amends the Criminal Code of 2012. Permits the imposition of the death penalty for first degree murder, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, with the exception of certain offenses committed by persons under 17 years of age and those in which the victim is at least 13 years of age and under 17 years of age and the defendant is less than 5 years older than the victim, or aggravated criminal sexual abuse. Amends the Code of Criminal Procedure of 1963. Eliminates the provision that abolished the death penalty on July 1, 2011. Amends the Unified Code of Corrections to make conforming changes.