Criminal Procedure Legislation - Illinois

PROBATION OFFICER-TRAINING Amends the Criminal Code of 1961 and the Unified Code of Corrections. Provides that the prohibitions on carrying concealed firearms or firearms in a vehicle and carrying firearms on a public way do not apply to parole agents and parole supervisors who meet certain qualifications and conditions. House Amendment No. 1 Deletes provision that limits the types of firearms that parole agents or parole supervisors may carry off-duty to .38 and .40 caliber firearms. House Amendment No. 2 Deletes provision that if death or injury to a person or damage to property occurs as the result of the use of a firearm that the parole agent or parole supervisor is authorized to carry off-duty, the parole agent or parole supervisor must submit to a drug test within 24 hours after the incident. Senate Floor Amendment No. 1 Deletes reference to:

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CRIMINAL LAW-VARIOUS Amends the Criminal Code of 1961 and certain other Acts. Moves, adds, deletes, repeals, and changes certain provisions. Adds or changes mental states for certain offenses. Changes certain statutory evidence presumptions to permissive inferences. Repeals various Acts, adds certain provisions from those Acts to the Criminal Code of 1961 and the Consumer Fraud and Deceptive Business Practices Act, and creates the Controlled Substances Registration and Hypodermic Syringes and Needles Law, the Grain Coloring Law, the Unauthorized Sale of Certain Plants Law, the Mandatory Life Sentence Law, the Civil Liability for Certain Sex Offenses Law, the Defacing or Removing Identification Marks and Unlawful Sale of Household Appliances Law, the Odometer or Hour Meter Fraud Law, the Installation of Object in Lieu of Air Bag Law, the Fraudulent Sale of Publications Law, the Fraudulent Repair of Fire Extinguisher or Related Equipment Law, the Fraudulent Advertisements Law, [...]

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CRIM PRO-CLOSED CIRCUIT TV Amends the Code of Criminal Procedure of 1963. Provides that whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit by rule may permit the personal appearance to be made by means of two-way audio-visual communication, including closed circuit television and computerized video conference under specified conditions. Provides that the two-way audio-visual communication facilities must provide two-way audio-visual communication between the court and the place of custody or confinement, and must include a secure line over which the person in custody and his or her counsel, if any, may communicate. Provides that this provision shall not be construed to prohibit other court appearances through the use of two-way audio-visual communication,[...]

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CRIM PRO-FITNESS, INSANITY Amends the Code of Criminal Procedure of 1963 relating to defendants found unfit to stand trial. Provides that the clerk of the circuit court shall transmit to the Department, agency, or institution, if any, to which the defendant is remanded for treatment a copy of the arrest report, criminal charges, arrest record, jail record, and the report of the defendant's mental or physical disability and likelihood of attaining fitness. Provides that if the court receives a report from the supervisor of the defendant's treatment that he or she believes that the defendant has attained fitness, the defendant shall be returned to the county jail. Provides that whenever the court receives a report from the supervisor of the defendant's treatment recommending the defendant for any off-grounds or unsupervised on-grounds privileges, or placement in a non-secure setting, the court shall set the matter for a first hearing within 21 days unless good cause is demonstrated [...]

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CRIM PRO-PRIOR STATEMENTS Amends the Code of Criminal Procedure of 1963. Provides that a statement of a witness is not excluded at the trial or hearing of any defendant by the hearsay rule or as a violation of any right to confront witnesses if the witness was killed, bribed, kidnapped, secreted, intimidated, or otherwise induced by a party, or one for whose conduct such party is legally responsible, to prevent the witness from being available to testify at such trial or hearing. Provides that the party seeking to introduce the statement shall disclose the statement sufficiently in advance of trial or hearing to provide the opposing party with a fair opportunity to meet it. Provides that the disclosure shall include notice of an intent to offer the statement, including the identity of the declarant. Provides that prior to ruling on the admissibility of a statement under this provision, the court shall conduct a hearing outside the presence of the jury. Provides that except in [...]

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CRIM PRO&MARRIAGE-NOTICE Amends the Code of Criminal Procedure of 1963, if and only if the provisions of House Bill 5121 of the 95th General Assembly become law in the form it passed the House of Representatives. Provides that in a domestic violence case upon the request of the petitioner, the clerk shall send a certified copy of the order to each specified health care facility or health care provider requested by the petitioner. Provides that the health care provider may place the order in the child's records or use another method to identify these records. Provides that no health care provider who receives an order prohibiting a respondent's access to the records of any child who is protected by the order shall allow a respondent access to the records unless the order has expired or the respondent shows a certified copy of an order vacating the other order. Provides that nothing shall be construed to require altered billing procedures. Provides that any person or facility that [...]

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DOMESTIC VIOLENCE Amends the Department of State Police Law of the Civil Administrative Code of Illinois, the State Finance Act, the Criminal Code of 1961, the Unified Code of Corrections, the Code of Criminal Procedure of 1963, and the Illinois Domestic Violence Act, and provides that the Act may be referred to as the Cindy Bischof Law. Provides that the Department of State Police shall develop a protocol to coordinate actions of the courts and law enforcement agencies to implement the domestic violence surveillance program created by the amendatory Act. Creates the Domestic Violence Surveillance Fund in the State treasury. Provides that the offense of violation of an order of protection includes the respondent's failure to attend and complete partner abuse intervention programs. Provides that in addition to any other penalties, the court may, after consultation with the petitioner, order the respondent to carry or wear a global positioning system device. Provides that in domestic [...]

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DEVELOPMENTAL DISABILITY Amends the Code of Criminal Procedure of 1963. Provides that in a proceeding in the prosecution of an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse, the court may order that the testimony of a victim affected by a developmental disability be taken outside the courtroom and shown in the courtroom by means of a closed circuit television under certain conditions. Provides that "developmental disability" includes, but is not limited to, cerebral palsy, epilepsy, and autism. Amends the Rights of Crime Victims and Witnesses Act. Provides that the Office of the State's Attorney shall inform the crime victim or witness of his or her right to communications access through a sign language interpreter or by other means. Amends the Criminal Proceeding Interpreter Act. Provides that the right to a qualified court-appointed sign language [...]

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CRIM PRO-HEARSAY Amends the Code of Criminal Procedure of 1963. Provides that if a defendant is accused of child pornography or aggravated child pornography or the defendant is accused of first degree murder or second degree murder when the commission of the offense involves sexual penetration or sexual conduct, evidence of the defendant's commission of another such offense or evidence to rebut that proof or an inference from that proof, may be admissible (if that evidence is otherwise admissible under the rules of evidence) and may be considered for its bearing on any matter to which it is relevant. Provides that (1) testimony by the victim of an out of court statement made by the victim that he or she complained of such act to another; and (2) testimony of an out of court statement made by the victim describing any complaint of such act or matter or detail pertaining to any act which is an element of an offense which is the subject of a prosecution for a sexual or physical [...]

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RACIAL IMPACT NOTE Creates the Racial Impact Note Act. Provides that every bill which amends criminal offenses, criminal procedure, or sentencing provisions under the Cannabis Control Act, Illinois Controlled Substances Act, or Methamphetamine Control and Community Protection Act, shall have prepared for it, by the Illinois Criminal Justice Information Authority, prior to second reading in the house of introduction a brief explanatory statement or note which shall include a reliable estimate of the proportional racial makeup of the population likely to be impacted by the bill. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Creates the Commission to Study Disproportionate Justice Impact Act. Creates a Commission to Study Disproportionate Justice Impact. Provides that the Commission shall: (1) study the nature and extent of the harm caused to minority communities through the practical application of the violation and sentencing provisions [...]

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