Criminal Justice

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 Unified Code of Corrections. Provides that the Department of Corrections shall be required to ensure all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. Provides that this process includes screening and assessment for opioid use disorders. Provides that for a committed person diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. Provides that the Department shall not impose limitations on the types of medication assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan. Provides that an individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. Provides that no person shall be denied participation in medication-assisted treatment program on the basis of a positive drug screening upon entering the Department's custody; nor shall any person receive a disciplinary infraction for such positive drug screen. Provides that no person shall be denied participation in medication-assisted treatment based on prior success or failure of any medication-assisted treatment program. Provides that for each Parole District, the Department shall develop a plan to facilitate access to medication-assisted treatment for persons diagnosed with opioid use disorder in the community following release. Provides that the Department may adopt rules for the implementation of these provisions. Effective January 1, 2026.

HB 3960 appropriates $847,900 from the General Revenue Fund to the Judicial Inquiry Board to cover its ordinary and contingent operating expenses. This funding supports the board's administrative and operational needs, directly affecting its ability to function. The bill becomes effective on July 1, 2025, with no policy changes beyond this budget allocation. (This is a procedural appropriations bill, so the summary is concise as required.)

Creates the Victim Centered Approach Pilot Program Act. Provides that the Lake County State's Attorney shall develop a program to represent noncitizen victims of violent crimes in the filing of victim remedies before the United States Citizenship and Immigration Services Office administrative body. Provides that the Lake County State's Attorney shall use any funding provided to the pilot program to represent or give counsel to 50 noncitizen victims annually for the next 5 years who were victimized by violent crimes in Lake County. Provides that the to be eligible for assistance under the program, an individual must: (1) be a noncitizen victim, who has never been placed in removal proceedings; (2) have suffered a violent crime in Lake County; and (3) not be barred from the immigration remedies before the administrative body. Amends the Counties Code. Provides that, in counties with a population of more than 500,000, a State's Attorney may act, without fee or appointment, as an attorney to a noncitizen victim in an immigration case only if the noncitizen victim was victimized within the county the State's Attorney serves and is located within the geographic boundaries of the county served by the State's Attorney.

Creates the Law Enforcement Hiring Act. Creates the Law Enforcement Hiring Task Force. Provides that the Task Force shall (1) identify various measures to ensure that unfit candidates are not hired as law enforcement officers; (2) explore strategies to prevent unnecessary deaths caused by law enforcement officers; and (3) make a report to the General Assembly no later than June 30, 2026 with recommendations for preventing people with dangerous backgrounds from being hired as law enforcement officers in the State. Sets forth membership of the Task Force. Provides that a law enforcement agency may hire a law enforcement officer without reviewing background disciplinary actions, terminations, and administrative review from previous employers. Provides that a law enforcement agency may not hire a law enforcement officer if the law enforcement officer spent less than 30 days reviewing the law enforcement officer.

Amends the Statute on Statutes. Adds definitions of "prostitution", "prostitute", and "prostituted person" that apply throughout the statutes. Amends the Criminal Identification Act. Permits a person to seek to vacate and expunge Class A misdemeanor prostitution violations. Amends the Criminal Code of 2012. Repeals the criminal offense of prostitution. Provides a fine schedule based upon net income of a person convicted of solicitation of a sexual act, promoting prostitution, promoting juvenile prostitution, patronizing a prostitute, or patronizing a juvenile prostitute. Eliminates enhanced penalties for previous convictions of prostitution. Eliminates a prostitution conviction as a disqualifying offense for obtaining certain occupations. Amends various Acts to make conforming changes.

Amends the Local Records Act. Provides that a law enforcement agency that encrypts police scanner transmissions must provide, by license or otherwise, real-time access to those transmissions to broadcast stations, broadcasting stations, radio broadcast stations, and newspapers. Effective January 1, 2026.

Amends the Illinois Police Training Act. Provides that no law enforcement agency shall make an offer of employment for the position of probationary police officer, probationary part-time police officer, full-time law enforcement officer, or part-time law enforcement officer without requiring the execution of a signed release from the applicant, directing any and all entities that previously employed the individual to produce or make available for inspection all employment records, including background investigation materials collected in connection with making an offer of employment, duty-related physical and psychological fitness-for-duty examinations, work performance records, criminal, civil, or administrative investigations of conduct, arrests, convictions, findings of guilt, pleas of guilty, or pleas of nolo contendere. Provides that, with specified exceptions, all records shall be produced without any redaction and no nondisclosure, separation, or settlement agreement shall prevent the production of these records. Provides that the provisions do not apply to the extent that they would impair an existing collective bargaining agreement. Sets forth provisions concerning: (i) the procedures for requesting employment records; (ii) the deadlines for providing the records; (iii) the penalties for failing to produce the records in accordance with the provisions; and (iv) an example of an acceptable release form. Requires the receipt of a written release for an entity to have immunity for the release of information. Makes other changes to immunity-related provisions. Amends the Sheriff's Merit System Law of the Counties Code. Provides that the county board of any county having a population of at least 75,000 must adopt and implement, by ordinance, the merit system provided by the Sheriff's Merit System Law. Provides that the county board of any county having a population of less than 75,000 (rather than 1,000,000) which does not have a merit board or merit commission for sheriff's personnel may adopt and implement, by ordinance, the merit system provided by the Sheriff's Merit System Law. Makes other and conforming changes.

Amends the Criminal Code of 2012. Provides that it is unlawful for a person, after receiving a warning not to approach from a first responder who is engaged in the lawful performance of a legal duty, to violate the warning and approach or remain within 14 feet of the first responder with the intent to: (1) interrupt, disrupt, hinder, impede, or interfere with the first responder's ability to perform the first responder's duty; (2) threaten the first responder with physical harm; or (3) harass the first responder by interfering with the first responder performing the first responder's duty. Provides that a violation is a Class A misdemeanor. Defines "first responder" and "harass".

Amends the Code of Criminal Procedure of 1963. Provides that any person may file a petition to vacate a conviction or sentence, regardless of criminal custody status or citizenship or immigration status, as defined in the Illinois TRUST Act, if the person asserts that: (1) the conviction or sentence is legally invalid due to prejudicial error damaging the petitioner's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence; or (2) newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice. Provides that such a petition shall be deemed timely filed at any time notwithstanding any other provision of law. Provides that the time limitations for petitions filed in the trial court under the Post-Conviction Hearing Article of the Code do not apply to a petition filed under this provision. Amends the Code of Civil Procedure. Provides that a provision granting relief from a final order or judgment entered based on a plea of guilty or nolo contendere and that has potential consequences under federal immigration law applies to orders or judgments entered before, on, or after the effective date of the amendatory Act.