Criminal Justice (Domestic Violence)

Amends the Unified Code of Corrections relating to certificates of expungement for Class 3 and 4 felonies. Eliminates the requirement that a certificate of expungement may only be issued to a person who has served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty and who meets the requirements of this provision. Expands the offenses ineligible for a certificate of expungement to include offenses involving domestic violence as defined in the Protective Orders Article of the Code of Criminal Procedure of 1963, including aggravated assault, aggravated battery, violation of an order of protection, domestic battery, or aggravated domestic battery. Amends the Criminal Identification Act. Provides that, notwithstanding the eligibility requirements of the expungement provisions, upon the issuance of a certificate of expungement by the Prisoner Review Board under the Unified Code of Corrections, the circuit court shall automatically expunge all records of arrests or charges not initiated by arrest and all court records that resulted in the conviction for the Class 3 or Class 4 felony listed in the certificate of expungement.

Amends the Stalking No Contact Order. Provides that an order issued under the Act may be expunged if the petitioner who sought the emergency or plenary order agrees that the order was issued in error as a mistake in fact and that the court makes a similar finding. Requires that the clerk of the court to immediately file a certified copy of the expungement order with the Illinois State Police and that all records related to an emergency order required to be expunged no later than 3 business days after the court issues the expungement order.

Amends the Substance Use Disorder Act. Provides that disclosure of nonexempt records protected under the Act may be disclosed for research activities under the Domestic Violence Fatality Review Act. Amends the AIDS Confidentiality Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that staff and any designee of the Illinois Criminal Justice Information Authority, members of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and the regional domestic violence fatality review teams are entitled to receive, inspect, copy, and share HIV-related information of any person subject to a domestic violence fatality review as part of and in accordance with the provisions of the Domestic Violence Fatality Review Act. Provides that the information disclosed is subject to the confidentiality requirements of the Domestic Violence Fatality Review Act. Effective immediately.

Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall publish on its official public website and provide to registered victims information regarding how to submit a victim impact statement. Provides that the Prisoner Review Board shall consider victim impact statements from any registered victims. Provides that any registered victim, including a person who has had a final, plenary, or non-emergency order of protection granted under the Protective Orders Article of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, may present victim statements that the Prisoner Review Board shall consider in its deliberations. Provides that at least 48 hours prior to early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, the Prisoner Review Board shall inform a victim of the release if the victim has previously requested notification of that information. Provides that notification shall be made before 5 p.m. on weekdays. Provides that the Prisoner Review Board shall notify the victim in the underlying case of the offender's release on mandatory supervised release at least 30 days prior to release and shall allow the victim to provide a victim's statement to the Board. Provides that the victim's statement shall be considered when determining the conditions of the offender's mandatory supervised release. Provides that, before the Board makes a decision on whether to revoke an offender's parole or mandatory supervised release, the Prisoner Review Board must run a LEADS report. Provides that the Board shall publish on the Board's publicly accessible website the name and identification number of offenders alleged to have violated terms of parole or mandatory supervised release, the Board's decision whether to revoke parole or mandatory supervised release, and the names of the voting Board members. Provides that this information shall only be accessible while the offender is in State custody. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may not be denied upon the basis that the petitioner or the respondent is incarcerated in a penal institution at the time of the filing of the petition.

Amends the Criminal Code of 2012. Provides that a person commits stalking when he or she uses any electronic tracking system or acquires tracking information to determine the targeted person's location, movement, or travel patterns without the targeted person's consent and the person knows or should know that the use of the electronic tracking system or the acquisition of tracking information would cause a reasonable person to fear for his or her safety or the safety of a third person. Defines "electronic tracking system".

Amends the Judges Article of the Illinois Pension Code. Specifies that a person who serves as a full-time member of the Prisoner Review Board does not violate the Code's return-to-work provisions on the basis of service on the Prisoner Review Board. Amends the Rights of Crime Victims and Witnesses Act. Provides that persons who have final, plenary, or non-emergency protective orders granted against the petitioner or parole candidate may submit victim statements. Provides that the Prisoner Review Board shall publish on its official website, and provide to registered victims, procedural information on how to submit victim statements. Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may contain members who have experience in advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence. Provides that at least 3 members of the Board (currently, 6) must have at least 3 years experience in the field of juvenile matters. Provides that a total of 7 members must have at least 5 years' experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. Contains provisions concerning training for members and commissioners of the Prisoner Review Board. Makes changes concerning factors to be considered by the Board in deciding whether to grant or deny parole. Provides that, prior to entering an order discharging a person from parole or mandatory supervised release, the Prisoner Review Board shall provide notice and a 30-day opportunity to comment to any registered victim. Requires the Department of Corrections to prepare a report describing whether the subject has completed the mandatory conditions of parole or mandatory supervised release. Contains provisions concerning LEADS reports. Provides that all petitioners for clemency and medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference. Makes other changes. Effective immediately.

Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that an environment is injurious to the minor's welfare if conditions in the child's environment create a real, significant and imminent likelihood of harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence unless the court determines the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian resulting in a determination of abuse or neglect under the Act. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".

Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or the person to whom the card was issued is or was at the time of issuance a person who has been convicted of misdemeanor stalking in another jurisdiction or a similar misdemeanor offense in another jurisdiction.

Amends the Criminal Code of 2012. Creates the offense of domestic assault. Provides that a person commits the offense when, without lawful authority, he or she knowingly engages in conduct that places any family or household member in reasonable apprehension of great bodily harm, or permanent disability or disfigurement. Provides that if the defendant is arrested for domestic assault, upon release of the defendant from custody pending trial, the court, at the preliminary examination, shall order that the defendant refrain from contact or communication with the victim of the domestic assault and refrain from entering or remaining at the victim's residence for a minimum of 72 consecutive hours. Provides that domestic assault is a Class A misdemeanor. Defines "family or household member".

Amends the Juvenile Court Act of 1987. Provides that a parent may request one substitution of a guardian ad litem during the entire juvenile court proceedings, upon request to the judge. Provides that the judge shall review the request and grant the substitution if the judge finds that the parent has good cause for believing that the guardian ad litem is not fulfilling his or her duties. Provides that the bibliography containing information developed and distributed to guardians ad litem by the Department of Children and Family Services shall contain information on the effects of trauma and household domestic violence on children and teens and on mental health disorders.