HB 1095

Abstract

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning presumption of innocence and proof of guilt. House Floor Amendment No. 1 Deletes reference to: 720 ILCS 5/3-1 Adds reference to: 20 ILCS 2605/2605-51 50 ILCS 705/10.11 65 ILCS 5/Art. 11 Div. 1.5 heading new 65 ILCS 5/11-1.5-5 new 65 ILCS 5/11-1.5-10 new 65 ILCS 5/11-1.5-15 new 65 ILCS 5/11-1.5-20 new 65 ILCS 5/11-1.5-25 new 65 ILCS 5/11-1.5-99 new 725 ILCS 173/1 725 ILCS 173/5 725 ILCS 173/10 725 ILCS 173/15 725 ILCS 173/20 30 ILCS 105/5.833 Replaces everything after the enacting clause. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of the Academy and Training of the Illinois State Police shall require all homicide investigator training to include instruction on victim-centered, trauma-informed investigation. Provides that the training must be implemented by July 1, 2023. Provides that the Division shall cooperate with the Division of Criminal Investigation and the Illinois Law Enforcement Training Standards Board to develop a model curriculum on victim-centered, trauma-informed investigation. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall require all homicide investigator training to include instruction on victim-centered, trauma-informed investigations based upon a model curriculum developed by the Illinois State Police. Provides that the curriculum must be implemented by July 1, 2023. Creates the Co-Responder Pilot Program Division in the Illinois Municipal Code. Provides that the East St. Louis Police Department, Peoria Police Department, Springfield Police Department, and Waukegan Police Department shall establish, subject to appropriation, a co-responder unit no later than 6 months after the effective date of the amendatory Act, including the hiring of personnel as provided in the Division. Provides that, in addition to other-described responsibilities, the unit's social workers are responsible for conducting follow-up visits for victims who may benefit from mental or behavioral health services. Provides that the unit's primary area of focus shall be victim assistance. Includes provisions relating to unit duties, social workers of the unit, and training. Defines terms. Repeals the Division on January 1, 2029. Amends the Gang Crime Witness Protection Act of 2013. Changes the short title of the Act to the Violent Crime Victim and Witness Protection Act. Changes the name of the Gang Crime Witness Protection Program Fund to the Violent Crime Victim and Witness Protection Program Fund. Provides that, subject to appropriation, the Illinois Criminal Justice Information Authority shall establish and administer a program to assist victims and witnesses of violent crimes (rather than victims and witnesses who are actively aiding in the prosecution of perpetrators of gang crime) and appropriate related persons. Provides that the State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, may use an individual's willingness to actively aid in the prosecution of the violent crime as a factor in determining if the individual may be provided assistance. Provides that a person who is otherwise eligible for services and assistance under the Act shall not be denied assistance and services under the Act on the basis of the person's lack of federal authorization to be present in the United States. Defines "violent crime". Amends the State Finance Act to make a conforming change. House Floor Amendment No. 2 Deletes reference to: 50 ILCS 705/10.11 Removes provisions from the Illinois Police Training Act requiring all homicide investigator training to include instruction on victim-centered, trauma-informed investigations. Makes a conforming change. Makes a typographical correction. House Floor Amendment No. 3 Corrects grammatical and typographical errors. Senate Floor Amendment No. 1 Deletes reference to: 20 ILCS 2605/2605-51 65 ILCS 5/Art. 11 Div. 1.5 heading new 65 ILCS 5/11-1.5-5 new 65 ILCS 5/11-1.5-10 new 65 ILCS 5/11-1.5-15 new 65 ILCS 5/11-1.5-20 new 65 ILCS 5/11-1.5-25 new 65 ILCS 5/11-1.5-99 new 725 ILCS 173/1 725 ILCS 173/5 725 ILCS 173/10 725 ILCS 173/15 725 ILCS 173/20 30 ILCS 105/5.833 Adds reference to: 5 ILCS 100/5-45.35 new 5 ILCS 140/2.15 5 ILCS 160/4a 20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part 20 ILCS 3930/7.7 30 ILCS 105/5.990 new 30 ILCS 105/6z-138 new 50 ILCS 205/3b 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 706/10-25 50 ILCS 707/10 55 ILCS 5/3-4013 55 ILCS 5/3-4014 new 110 ILCS 12/15 215 ILCS 5/143.19 from Ch. 73, par. 755.19 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204 625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500 625 ILCS 40/5-7 720 ILCS 5/32-10 from Ch. 38, par. 32-10 720 ILCS 5/32-15 rep. 725 ILCS 5/102-6 from Ch. 38, par. 102-6 725 ILCS 5/102-7 from Ch. 38, par. 102-7 725 ILCS 5/102-10.5 new 725 ILCS 5/102-14.5 new 725 ILCS 5/106D-1 725 ILCS 5/107-9 from Ch. 38, par. 107-9 725 ILCS 5/109-1 from Ch. 38, par. 109-1 725 ILCS 5/109-2 from Ch. 38, par. 109-2 725 ILCS 5/109-3 from Ch. 38, par. 109-3 725 ILCS 5/109-3.1 from Ch. 38, par. 109-3.1 725 ILCS 5/110-1 from Ch. 38, par. 110-1 725 ILCS 5/110-2 from Ch. 38, par. 110-2 725 ILCS 5/110-3 from Ch. 38, par. 110-3 725 ILCS 5/110-5 from Ch. 38, par. 110-5 725 ILCS 5/110-5.2 725 ILCS 5/110-6 from Ch. 38, par. 110-6 725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1 725 ILCS 5/110-6.6 new 725 ILCS 5/110-7.5 new 725 ILCS 5/110-10 from Ch. 38, par. 110-10 725 ILCS 5/110-12 from Ch. 38, par. 110-12 725 ILCS 5/113-3.1 from Ch. 38, par. 113-3.1 725 ILCS 5/107-11 from Ch. 38, par. 107-11 725 ILCS 5/110-14 from Ch. 38, par. 110-14 725 ILCS 5/110-4 rep. 725 ILCS 5/Art. 110A rep. 725 ILCS 120/3 from Ch. 38, par. 1403 725 ILCS 185/7 from Ch. 38, par. 307 725 ILCS 185/19 from Ch. 38, par. 319 725 ILCS 185/11 from Ch. 38, par. 311 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4 730 ILCS 5/5-8A-4.1 730 ILCS 5/5-8A-4.15 new 50 ILCS 706/10-15 Replaces everything after the enacting clause. Makes changes to various provisions amended by Public Act 101-652, concerning pretrial release. Amends the State Finance Act. Establishes the Public Defender Fund as a special fund in the State treasury. Requires money in the Public Defender Fund to be used, subject to appropriation, to provide funding to counties for public defenders and public defender services. Amends the Counties Code. Requires the Administrative Office of the Illinois Courts, subject to appropriation, to establish a grant program for counties for the purpose of training and hiring attorneys on contract to assist the county public defender in pretrial detention hearings. Authorizes the Administrative Office of the Illinois Courts to adopt emergency rules to implement the grant program. Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that "community caretaking function" excludes law enforcement-related encounters or activities. Provides that "law enforcement-related encounter or activities" does not include when the officer is participating in training in a classroom setting or officers while not performing any other law enforcement-related activity. Amends the Law Enforcement Camera Grant Act. Provides that the Illinois Law Enforcement Training Standards Board must make grants to units of local government in Illinois and Illinois public universities for the purpose of purchasing officer-worn body cameras and associated technology for law enforcement officers, including covering associated data storage costs. Makes conforming and other changes in the Code of Criminal Procedure of 1963, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. Effective January 1, 2023, except that some provisions are effective immediately. Senate Floor Amendment No. 2 Adds reference to: 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Removes language providing that "law enforcement-related encounters or activities" does not include officers while not performing any other law enforcement-related activity. Restricts the applicability of the public defender grant program to counties with a population of 3,000,000 or less. Restores language concerning violations of pretrial release under conditions related to domestic violence. Removes a cross-reference to a particular Section of the Illinois Domestic Violence Act of 1986. Amends the Unified Code of Corrections. Provides that, with certain exceptions, the mandatory supervised release term for a Class 3 felony or a Class 4 felony is 6 months. Provides that no later than 45 days after the onset of the term of mandatory supervised release, the Prisoner Review Board shall conduct a discretionary discharge review pursuant to the Code, which shall include the results of a standardized risk and needs assessment tool administered by the Department of Corrections (rather than a mandatory supervised release term shall not be imposed unless: (1) the Prisoner Review Board, based on a validated risk and needs assessment, determines it is necessary for an offender to serve a mandatory supervised release term; and (2) if the Prisoner Review Board determines a mandatory supervised release term is necessary pursuant to these provisions, the Prisoner Review Board shall specify the maximum number of months of mandatory supervised release the offender may serve, limited to a term of 12 months). Provides that the changes apply to all individuals released on mandatory supervised release on or after the effective date of the amendatory Act, including those individuals whose sentences were imposed prior to the effective date of the amendatory Act.