Criminal Justice

Amends the Illinois State Police Law. Provides that the Division of Patrol shall enforce the motor carrier safety provisions of the Illinois Vehicle Code and serve as the lead State agency for administering the commercial vehicle safety plan of the Federal Motor Carrier Safety Administration. Adds human trafficking, sexual assault, and sexual abuse in-service training requirements for Illinois State Police officers. Provides that the Division of Statewide 9-1-1 shall cooperate with federal and State authorities that are engaged in aeronautics and that request to use the Illinois State Police's radio network system. Provides that the State Police shall maintain a statewide statistical police contact recordkeeping system (rather than develop a separate statewide statistical police recordkeeping system) for the study of juvenile delinquency. Provides that, with the permission (rather than written permission) of a child's parent or guardian, the Illinois State police may collect (rather than retain) the fingerprints or DNA (rather than only the fingerprint record) of the child. Specifies that the fingerprints or DNA may be retained by the child's parent or guardian and later used for specified purposes. Amends the Intergovernmental Drug Laws Enforcement Act. Provides that a Metropolitan Enforcement Group may enforce crimes concerning terrorism and threats to public officials and human service providers. Amends the Code of Criminal Procedure of 1963. In provisions concerning criminal prosecutions for violations of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act and criminal prosecutions for reckless homicide, or driving under the influence of alcohol, other drug, or combination of both, or in any civil action held under a statutory summary suspension or revocation hearing, deletes provisions requiring specified information to be attached to laboratory report from the Illinois State Police, Division of Forensic Services. Amends the Freedom from Drone Surveillance Act. In provisions requiring the chief executive officer of a law enforcement agency to report the use of a drone to the State's Attorney under specified circumstances, adds language allowing the report to be made by the chief executive officer's designee. Makes other and conforming changes. Effective immediately.

Amends the Unified Code of Corrections. Creates the End-of-life Care Peer Support Program. Provides that the program is available to terminally ill persons committed to the Department of Corrections. Provides that the program shall be administered by the Department of Corrections in partnership with certain health care providers. Provides that individual patients may accept or decline care or participation in the program. Provides that individual patients shall define the scope of peer support, including the option to opt out of certain aspects of support. Provides that patient care plans shall be developed with the individual patient, the patient's peer support attendants, and the interdisciplinary team. Provides that participating patients shall be subject to the least restrictive security measures possible, with access to comfort items such as blankets, memorabilia, music, and books. Provides that participating patients shall have the following rights: (1) the right to dignity, privacy, respect, and culturally competent care; (2) the right to request peer support services; (3) the right to refuse services; and (4) the right to request family visitation. Provides that all participants in the program, including patients and peer support attendants, shall have access to grief counseling and mental health care services as needed. Provides that the program shall be funded through: (1) the Individual Benefit Fund; (2) direct appropriations from the General Revenue Fund; and (3) federal appropriations if applicable.

Amends the Criminal Code of 2012. Provides that, in addition to any other disposition authorized by law, the court shall order any person arrested for patronizing a person engaged in the sex trade to participate in the Buyer Accountability Program and pay a fee of $1,000. Provides for the distribution of the fees. Establishes an education program to be known as the Buyer Accountability Program, which shall consist of an instructional program on prostitution and human trafficking schemes offered in one or more locations throughout the State. Establishes who may establish the program in various areas of the State. Provides that the program shall include information intended to increase the person's awareness of: (1) the causes of prostitution and its relationship to human trafficking; (2) the health and safety risks connected with prostitution, including its impact on the community; (3) the consequences of convictions for prostitution or human trafficking, including penalties for subsequent convictions on both patronizers and victims; and (4) the pervasiveness of human trafficking as well as the long-term physical and psychological harms of prostitution and human trafficking on its victims. Provides that a program must be approved by the Attorney General. Provides that the Attorney General shall notify the Administrative Office of the Illinois Courts that the program has been established and approved by the Attorney General.

Creates the Illinois Biometric Surveillance Act. Provides that law enforcement agencies may not obtain, retain, possess, access, request, use, or enter into an agreement with a third party, State or local government agency, or federal agency to obtain, retain, possess, access request, or use a biometric identification system. Provides a private right of action and for enforcement by the Attorney General. Amends the Illinois Identification Card Act and the Illinois Vehicle Code to provide that the Secretary of State may not provide facial recognition search services except for verification of an individual's identity when issuing a mobile driver's license or identification card.

Amends the Educator Licensure Article of the School Code. In provisions concerning the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, includes in the definition of "sex or other offense" abuse by an educator or authority figure as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Creates the offense of abuse by an educator or authority figure. Provides that a person commits the offense if that person is an educator or authority figure at the school, the student is at least 18 years of age but under 23 years of age, the person is at least 4 years older than the student and holds or held within the previous year a position of trust, authority, or supervision in relation to the student in connection with an educational or extracurricular program or activity, and the person either: (1) commits an act of sexual conduct with the student; or (2) commits an act of sexual penetration with the student. Provides that abuse by an educator or authority figure involving sexual conduct is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense or if there is more than one victim. Provides that abuse by an educator or authority figure involving sexual penetration is a Class 4 felony for the first offense and a Class 3 felony for a second or subsequent offense or if there is more than one victim. Provides that consent of the victim is not a defense to abuse by an educator or authority figure. Defines "authority figure" and "educator".

Amends the Unified Code of Corrections. Provides that the following are discretionary (rather than mandatory) preconditions to Second Chance Probation: (1) making full restitution to the victim or property owner; (2) obtaining or attempting to obtain employment; (3) paying fines and costs; (4) attending specified educational courses; and (5) performing community service. Eliminates a provision which requires a defendant to submit to periodic drug testing at a time and in a manner ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant. Authorizes defense counsel to offer input on the duration of the First Time Weapon Offense Program. Deletes provisions requiring the State's Attorney consent for a defendant to participate in Second Chance Probation or the First Time Weapon Offense Program.

Amends the County Department of Corrections Division of the Counties Code, the Unified Code of Corrections, and the County Jail Act. Provides that, upon the release of a prisoner or committed person from a county correctional institution, county jail, or Department of Corrections correctional institution or facility, the sheriff, warden, or Department shall provide the prisoner or committed person with an opioid antagonist if the prisoner was incarcerated for drug-related charges or was identified as having a substance use disorder.

Amends the Illinois Domestic Violence Act of 1986. Provides that whenever a law enforcement officer has reason to believe a person is a victim under the Act from a family or household member, if the alleged offender is a juvenile, the officer may, based on the totality of the circumstances and using the abbreviated version of the Adolescent Domestic Battery Typology Tool created by the Kane County State's Attorney's Office, choose not to arrest the juvenile and instead may divert the juvenile or may assist the juvenile and the juvenile's family in finding alternative placement.

Creates the Permanent Punishment Review Task Force Act. Establishes the Permanent Punishment Review Task Force. Provides for the Task Force's appointment and membership. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Illinois Criminal Justice Information Authority may collaborate with the co-chairing organization to help provide this support. Provides that the duties of the Task Force include: (1) researching and analyzing the statutory permanent punishments under Illinois law; (2) identifying factors and data relevant to determining whether a permanent punishment should be modified or eliminated based on available scholarship; (3) identifying or developing models, or both, for periodic, systematic review of Illinois's permanent punishment laws; (4) analyzing such models, including potential funding requirements, and proposing recommendations to the General Assembly; and (5) issuing a report, on or before January 1, 2028, setting forth those recommendations and summarizing the research and findings of the Task Force. 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 January 1, 2028, after which the Task Force is dissolved. Repeals the Act on July 1, 2028. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that a petitioner may not be denied a protective order because the petitioner or the respondent is a minor or solely upon the basis that the respondent or petitioner is incarcerated in a penal institution at the time of the issuance of the order. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may be filed by: (i) a crime victim who was abused by an family or household member before the incarceration of the offender in a penal institution, and the offender is incarcerated in a penal institution at the time of the filing of the petition; or (ii) any person who has previously suffered abuse by a family or household member convicted of domestic battery, aggravated domestic battery, aggravated battery; any other offense that would constitute domestic violence; or a violent crime as defined in the Rights of Crime Victims and Witnesses Act committed against another person. Effective immediately.