HB 5801 amends the State Finance Act to require the transfer of specific funds from various state accounts into the Budget Reserve for Immediate Disbursements and Governmental Emergencies Fund. This bill directly affects multiple state funds, including those for open space lands, medical cannabis, law enforcement, and wildlife conservation, by mandating that the State Comptroller and Treasurer move designated amounts from each into the reserve. The legislation sets a deadline of July 31, 2025, for completing these transfers, which range from small sums like $43,000 to larger amounts like $15 million. By repealing previous rules that required transfers to the reserve from certain funds, this act establishes a new, comprehensive list of sources for the budget reserve.
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 and has been placed on electronic monitoring as a condition of release, that pretrial release shall be revoked upon a finding of probable cause that the defendant has committed a felony that is alleged to have occurred during the defendant's pretrial release after a hearing on the court's own motion or upon the filing of a verified petition by the State. Provides that pretrial detention shall continue pending resolution of the defendant's charges. Provides that the language that states at each subsequent appearance of the defendant before the court, the judge must find that continued detention is necessary to reasonably ensure the appearance of the defendant for later hearings or to prevent the defendant from being charged with a subsequent felony or Class A misdemeanor does not apply to a defendant whose pretrial release has been revoked pursuant to the new provision.
Amends the Freedom of Information Act. Provides that records containing law enforcement in-car camera and officer-worn body camera video and audio recordings that a public body received from another public body are exempt from inspection or copying under the Act. Provides that records concerning the work of the threat assessment team of a law enforcement agency are exempt from inspection or copying under the Act. Provides that criminal history records are exempt from inspection or copying under the Act. Provides that personal and private information submitted to and maintained by the Illinois State Police under the Criminal Identification Act is exempt from inspection or copying under the Act. Provides that, if a public body received more than 1,000 requests under the Act in the preceding year, then (i) the public body shall either comply with or deny a request for a record that includes video records within 30 business days (rather than 5 business days) after its receipt of the request and (ii) the time for response to any request the public body receives may be extended by not more than 10 business days (rather than 5 business days) from the original due date for specified reasons. Provides that, if a request is made for an audio or video file that is maintained in an electronic format, then the public body may not charge for the first 60 minutes of staff time to prepare the response, including conducting necessary research regarding the request, as well as locating, collecting, reviewing, and redacting any responsive audio or video files. Provides that, after the first 60 minutes of staff time, the public body may charge the preparation costs of the public body's lowest paid staff member employed in a position that performs the work to prepare the response (rather than charging specified dollar amounts for specified megabytes of data). Makes technical and other changes. Effective January 1, 2027.
Amends the Criminal Code of 2012. Provides that a first responder who reasonably believes that a person's presence within 14 feet of the first responder will interfere with the performance of the first responder's legal duty may warn the person not to approach or to remain within 14 feet of the first responder. 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 knowingly or intentionally 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 legal 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 legal duty. Provides that a violation is a Class A misdemeanor. Defines "harass" and "first responder".
Amends the Criminal Code of 2012. Creates the offense of unlawful restraint for civil immigration enforcement. Provides that a person commits the offense when he or she knowingly and without express legal authority from an immigration agent: (1) detains another for the purpose of civil immigration enforcement; (2) by force or threat of imminent force transfers another person from one place to another with the intent to detain the other person for civil immigration enforcement; (3) by deceit or enticement induces another person to transfer from one place to another with intent to detain the other person for civil immigration enforcement; or (4) uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement. Provides that the offense does not apply to any immigration agent. Provides that a violation is a Class 4 felony, except when the person uses a deadly weapon while detaining or transferring another person from one place to another with the intent to detain the other person for civil immigration enforcement, a violation is a Class 3 felony.
Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and "shaken baby syndrome".
Amends the Criminal Code of 2012. Provides that any person, firm, corporation, co-partnership, limited liability company, association, or business, including an online retailer, that intentionally manufactures, delivers, possesses, or sells, with intent to manufacture, deliver, sell, or otherwise transfer nitrous oxide for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of changing, distorting, or disturbing the audio, visual, or mental processes is guilty of a Class 3 felony.
Amends the Illinois Vehicle Code. Provides that a violation of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compounds, or any combination thereof, involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that results in the death of one person and great bodily harm or permanent disability or disfigurement of one or more other persons is a Class 2 felony punishable by a term of imprisonment of not less than 4 years and not more than 20 years. Provides that the Act may be referred to as Lindsey's Law.
Amends the Code of Criminal Procedure of 1963. In the Pretrial Release Article of the Code, changes the definition of "willful flight" to include intentional conduct to elude arrest. In the definition, changes "thwart the judicial process to avoid prosecution" to "thwart the judicial process or avoid prosecution". Deletes from the definition that isolated instances of nonappearance in court alone are not evidence of the risk of willful flight. In the pretrial detention provisions, deletes a provision that one of the grounds for pretrial detention is the high likelihood of willful flight to avoid prosecution when the defendant is charged with certain specified offenses. Replaces that provision with just the high likelihood of willful flight and the person is charged with certain specified offenses.
Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding the pretrial release and denial of pretrial release provisions of the Code, if the defendant is charged with any of the following offenses, then the burden is on the defendant to show by clear and convincing evidence that the defendant's pretrial release does not pose 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: (1) a violation of an order of protection issued under the Code or the Illinois Domestic Violence Act of 1986, a stalking no contact order under the Stalking No Contact Order Act, or of a civil no contact order under the Civil No Contact Order Act; or (2) domestic battery or aggravated domestic battery under the Criminal Code of 2012.
