HB1095 | Illinois 2021-2022 | CRIMINAL LAW-TECH

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On December 6, 2022 in the House:

Governor Approved
Effective Date December 6, 2022; ; some provisions effective 1-1-23.
Public Act . . . . . . . . . 102-1104

On December 5, 2022 in the House:

Sent to the Governor

On December 1, 2022 in the Senate:

Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 011-006-000
Senate Floor Amendment No. 2 Recommend Do Adopt Executive; 011-006-000
Recalled to Second Reading
Senate Floor Amendment No. 1 Adopted; Peters
Senate Floor Amendment No. 2 Adopted; Peters
Placed on Calendar Order of 3rd Reading
3/5 Vote Required
Third Reading - Passed; 036-016-000
Motion Filed to Reconsider Vote Sen. Don Harmon
Motion Prevailed
3/5 Vote Required
Third Reading - Passed; 038-017-000

On December 1, 2022 in the House:

Arrived in House
Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2
Senate Floor Amendment No. 1 Motion Filed Concur Rep. Justin Slaughter
Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
Senate Floor Amendment No. 2 Motion Filed Concur Rep. Justin Slaughter
Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
Senate Floor Amendment No. 2 Recommends Be Adopted - Referred to Floor
Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
Senate Floor Amendment No. 1 House Concurs 071-040-000
Senate Floor Amendment No. 2 House Concurs 071-040-000
House Concurs
Passed Both Houses

On November 30, 2022 in the Senate:

Senate Floor Amendment No. 1 Assignments Refers to Executive
Senate Floor Amendment No. 2 Filed with Secretary by Sen. Robert Peters
Senate Floor Amendment No. 2 Referred to Assignments
Senate Floor Amendment No. 2 Assignments Refers to Executive

On November 29, 2022 in the Senate:

Alternate Chief Sponsor Changed to Sen. Robert Peters
Senate Floor Amendment No. 1 Filed with Secretary by Sen. Robert Peters
Senate Floor Amendment No. 1 Referred to Assignments

On November 15, 2022 in the Senate:

Approved for Consideration Assignments
Placed on Calendar Order of 2nd Reading
Second Reading
Placed on Calendar Order of 3rd Reading November 16, 2022

On April 6, 2022 in the Senate:

Arrive in Senate
Placed on Calendar Order of First Reading
Chief Senate Sponsor Sen. Don Harmon
First Reading
Referred to Assignments

On April 6, 2022 in the House:

Motion to Reconsider Vote - Withdrawn Rep. Jennifer Gong-Gershowitz

On April 5, 2022 in the House:

House Floor Amendment No. 2 Filed with Clerk by Rep. Jehan Gordon-Booth
House Floor Amendment No. 2 Referred to Rules Committee
House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 018-000-001
House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
House Floor Amendment No. 3 Filed with Clerk by Rep. Jehan Gordon-Booth
House Floor Amendment No. 3 Referred to Rules Committee
House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000
House Floor Amendment No. 1 Adopted
House Floor Amendment No. 2 Adopted
House Floor Amendment No. 3 Adopted
Placed on Calendar Order of 3rd Reading - Short Debate
Third Reading - Short Debate - Passed 109-000-001
Motion Filed to Reconsider Vote Rep. Jennifer Gong-Gershowitz

On April 4, 2022 in the House:

Chief Sponsor Changed to Rep. Jehan Gordon-Booth
House Floor Amendment No. 1 Filed with Clerk by Rep. Jehan Gordon-Booth
House Floor Amendment No. 1 Referred to Rules Committee
House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
Chief Sponsor Changed to Rep. Justin Slaughter

On April 3, 2022 in the House:

Approved for Consideration Rules Committee; 003-002-000
Placed on Calendar 2nd Reading - Short Debate

On April 23, 2021 in the House:

Rule 19(a) / Re-referred to Rules Committee

On April 20, 2021 in the House:

Second Reading - Short Debate
Held on Calendar Order of Second Reading - Short Debate **

On March 17, 2021 in the House:

Placed on Calendar 2nd Reading - Short Debate **

On March 11, 2021 in the House:

Do Pass / Short Debate Executive Committee; 014-000-000

On March 2, 2021 in the House:

Assigned to Executive Committee

On February 17, 2021 in the House:

First Reading
Referred to Rules Committee

On February 11, 2021 in the House:

Filed with the Clerk by Rep. Emanuel Chris Welch

Senate Amendment 002

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.

Senate Amendment 001

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.

House Amendment 003

Corrects grammatical and typographical errors.

House Amendment 002

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 Amendment 001

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.