Criminal Justice (Policing)

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 Freedom of Information Act. Provides that a law enforcement or correctional agency shall, promptly, either comply with or deny a request for public records within 15 business days (rather than within 5 business days) after its receipt of the request, unless the time for response is properly extended under certain provisions. Allows for an extension for not more than 15 business days from the original due date for the reason that the requested records are records that are partially exempt from disclosure but that require blurring of body camera footage by a law enforcement or correctional agency or other redactions by a law enforcement or correctional agency before making the remaining requested information available for inspection and copying.

Amends the Law Enforcement Officer-Worn Body Camera Act. Makes changes concerning the circumstances under which officer-worn body camera footage may be disclosed under the Freedom of Information Act. Requires a requester of officer-worn body camera footage under the Freedom of Information Act to certify specified information with the request. Exempts officer-worn body camera footage from disclosure if it reveals certain information, depicts certain information, involves an active investigation, relates to pending criminal charges, would prejudice a jury or compromise prosecution, will be used for a listed forbidden purpose, or is otherwise exempt. Requires a law enforcement agency to make available for inspection and copying officer-worn body camera footage that is not exempt from disclosure. Allows a law enforcement agency to deny a request that violates certain provisions or standards established under certain provisions. Provides that a public body, law enforcement agency, or employee acting in good faith reliance is not subject to civil liability solely for denying or limiting access to a body-worn camera recording, as long as the denial or limitation is based on a reasonable interpretation of applicable law. Repeals the provisions added to the Officer-Worn Body Camera Act by the amendatory Act 5 years after the amendatory Act's effective date.

Amends the Sex Offender Registration Act. Provides that a person shall be required to wear an approved electronic monitoring device for the first 5 years of the person's period of registration if the person is: (1) a sex offender convicted of an offense that would qualify the person as a sexual predator; or (2) required to register as a sex offender and: (A) was convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child, when the victim was under 18 years of age at the time of the commission of the offense; and (B) used force or the threat of force in the commission of the offense. Provides that if the person fails to register or violates laws that regulate sex offenders, the person shall be required to wear the approved electronic monitoring device for an additional 3 years. Provides that the Illinois State Police and the law enforcement agency having jurisdiction shall monitor the person required to wear an approved electronic monitoring device to ensure compliance with this provision.

Amends the Firearm Owners Identification Card Act. Requires each applicant for a Firearm Owner's Identification Card to submit evidence to the Illinois State Police that the applicant has not been convicted of a felony, unless the applicant has been granted a certificate of relief from disabilities, in which case the applicant shall submit a certified copy of the certificate of relief along with his or her application. Defines the term "forceible felony". Allows the Illinois State Police to deny an application for or revoke and seize a Firearm Owner's Identification Card if the person is or was convicted of a felony, unless the offense was not a forcible felony and the person has received a certificate of relief from disabilities. Amends the Unified Code of Corrections. Provides that a person sentenced to imprisonment shall lose the right to use or knowingly possess any firearm. Provides that this right shall be eligible for restoration 5 years after the person has completed the person's sentence, including applicable periods of probation or parole, under a certificate issued by the court, with certain requirements.

Amends the Code of Criminal Procedure of 1963. In a provision which specifies that a person who is in police custody shall have the right, upon being taken into police custody, to communicate free of charge with an attorney of his or her choice and members of his or her family, deletes a provision that required that right to be provided as soon as possible upon being taken into custody. Provides that, if a person who is in police custody is transferred to a new place of detention, that person has a right to make one telephone call (rather than 3 telephone calls) within 3 hours of arrival. Specifies that this right is not renewable. Provides that the person in police custody is prohibited from contacting the alleged victim or victims of the offense for which the person is charged. Provides that statements that are made by a person who is detained in police custody in violation of the right to communicate provisions of the Code may be used to evaluate whether those statements were voluntarily given and are reliable, based on the totality of the circumstances. Authorizes a custodial arrest of a person accused of an offense that is not a felony or Class A misdemeanor if necessary to verify the accused's identity.

Restores the statutes to the form in which they existed before their amendment by Public Acts 101-652, 102-28, and 102-1104, with certain exceptions. Amends the Criminal Code of 2012 concerning aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Transfers unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund into the reestablished Capital Litigation Trust Fund. Enacts the Capital Crimes Litigation Act of 2025 and amends the State Appellate Defender Act to add provisions concerning the restoration of the death penalty. Amends the General Provisions, Downstate Police, Downstate Firefighter, Chicago Police, Chicago Firefighter, Illinois Municipal Retirement Fund (IMRF), State Employees, and State Universities Articles of the Illinois Pension Code. With regard to police officers, firefighters, and similar public safety employees, removes Tier 2 limitations on the amount of salary for annuity purposes; provides that the automatic annual increases to a retirement pension or survivor pension are calculated under the Tier 1 formulas; and provides that the amount of and eligibility for a retirement annuity are calculated under the Tier 1 provisions. Amends the State Finance Act to make conforming changes. Amends the Public Safety Employee Benefits Act concerning health insurance plans of police officers and firefighters. Makes other conforming changes. Amends the State Mandates Act to require implementation of the amendatory changes to the Illinois Pension Code without reimbursement. Makes other changes. Effective immediately.

Amends the Law Enforcement Officer-Worn Body Camera Act. Limits disclosure of a recording made with the use of an officer-worn body camera which is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm to a request made by (1) court order; (2) a person involved in the encounter that resulted in the recording being flagged; (3) a legal representative of a person involved in the encounter that resulted in the recording being flagged; (4) a witness of the encounter that resulted in the recording being flagged; (5) a legal representative of a witness of the encounter that resulted in the recording being flagged; or (6) a representative of news media.

Amends the Personnel Record Review Act. Provides that a law enforcement agency shall only release a law enforcement personnel file upon receipt of a written request from a law enforcement agency for the purpose of making an employment determination by the law enforcement agency or a hiring board. Provides that a written request shall be on the law enforcement agency's official letterhead, signed by the agency head or the agency head's designee, and shall include either a waiver signed by the law enforcement officer applying for employment with the law enforcement agency or a copy of the law enforcement officer's application for employment. Provides that, if a request is made for release of a law enforcement personnel file that satisfies the requirements, the law enforcement agency shall release a copy of the complete law enforcement personnel file to the requesting law enforcement agency. Provides that a requesting law enforcement agency shall not maintain the law enforcement personnel file following the employment determination. Permits an employer to keep records concerning an employee's activities or associations with extremist or terrorist organizations. Defines terms.

Amends the Firearm Concealed Carry Act. Provides that a licensee requesting a new license shall submit $5 (rather than $75, of which $60 shall be apportioned to the State Police Firearm Services Fund, $5 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund). Provides that the fees collected under this provision shall be deposited into the State Police Firearm Services Fund.