Crime Legislation - Illinois

CRIMINAL-LISTENING DEVICE Amends the Criminal Code of 1961. Provides that, with prior notification to the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation taking place within or about any motor vehicle under the control and direction of a law enforcement officer, under circumstances where the use of the device is necessary for the detection or investigation of the theft of that motor vehicle is exempt from the Code's eavesdropping provisions. Requires the Director of State Police to issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use. Provides that any recording or evidence derived as the result of the exemption is inadmissible in any proceeding, criminal, civil, or administrative, except for (i) the theft of the motor vehicle in question, (ii) the commission of any crime taking place within, or otherwise involving the use of,[...]

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CRIM CD-UNIDENTIFIED AUDIO Amends the Criminal Code of 1961 relating to the offense of the unlawful use of unidentified sound or audio visual recordings. Defines "manufacture" for purposes of the offense. Provides that when the offense involves more than 100 unidentified sound recordings or more than 7 unidentified audio visual recordings during any 180 day period, the trier of fact may infer (but is not required to infer) the existence of any of the mental states set forth for the offense. Effective immediately. Senate Committee Amendment No. 1 Adds reference to: 720 ILCS 5/16-7from Ch. 38, par. 16-7 Replaces everything after the enacting clause. Amends the Criminal Code of 1961 relating to the offenses of unlawful [...]

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CD CORR-DELINQUENT FINES Amends the Unified Code of Corrections. Provides that an additional fee of 30% of the delinquent amount is to be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment by the court. Provides that the additional fee shall be payable to the State's Attorney in order to compensate the State's Attorney for costs incurred in collecting the delinquent amount. Provides that the State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Provides that any agreement between the State's Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county. Provides that a default in payment of a fine, fee, cost, restitution,[...]

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CRIMINAL LAW-TECH Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the sexual exploitation of children. Senate Floor Amendment No. 3 Deletes reference to: 720 ILCS 5/11-9.1Adds reference to: 720 ILCS 5/11-20.1Afrom Ch. 38, par. 11-20.1A720 ILCS 5/11-20.3 new

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CRIMINAL LAW-TECH Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "conviction". Senate Floor Amendment No. 1 Deletes reference to: 720 ILCS 5/2-5Adds reference to: 720 ILCS 5/2-5from Ch. 38, par. 2-5 Replaces everything after the enacting clause. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police shall establish a pilot program from moneys available [...]

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CRIMINAL LAW-TECH Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning preservation of evidence for forensic testing. Senate Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/116-4Adds reference to: 725 ILCS 5/116-3 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that the defendant may make a motion for performance of Integrated Ballistic Identification System or forensic DNA [...]

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HUMAN RIGHTS-TECH Amends the Illinois Human Rights Act. Makes a technical change in a Section concerning the Human Rights Commission. Senate Floor Amendment No. 2 Deletes reference to: 775 ILCS 5/8-101Adds reference to: New Act Replaces everything after the enacting clause. Creates the Commission on Discrimination and Hate Crimes Act. Contains findings. Establishes the Commission on Discrimination and Hate Crimes, consisting of a chairperson and 20 additional members appointed [...]

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FIRE MARSHAL-SPECIAL AGENT Amends the State Fire Marshal Act and the Peace Officer Fire Investigation Act. Provides that arson investigations conducted by the State Fire Marshal's Office shall be conducted by State Fire Marshal Special Agents. Authorizes State Fire Marshal Special Agents to exercise peace officer powers only during the actual investigation of the cause, origin and circumstances of such fires or explosions that are suspected to be arson or arson-related crimes and to carry weapons when conducting arson investigations. Provides that this authorization applies only to State Fire Marshal Special Agents and does not apply to any fire investigator, fireman, police officer, or other employee of the Federal government; any fire investigator, fireman, police officer, or other employee of any unit of local government; or any fire investigator, fireman, police officer, or other employee of the State of Illinois other than an employee of the Office of the State Fire Marshal [...]

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CRIM CD-EAVESDROPPING EXEMPT Amends the Criminal Code of 1961. Provides that the exemption to the eavesdropping statute relating to recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded under circumstances where the use of the device is necessary for the protection of the law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a forcible felony, a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, a felony violation of the Methamphetamine Control and Community Protection Act, or any "streetgang related" or "gang-related" felony also applies when notification is given to the State's Attorney of the county in which the crime occurred. Provides that it is an exemption to the [...]

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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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CD CORR-RESTORATION OF RIGHTS Amends the Unified Code of Corrections relating to relief from disabilities automatically imposed by law. Provides that the court may grant relief from forfeitures. Defines "eligible offender" for the purposes of relief from disabilities and forfeitures as a person who has been convicted of a crime that does not include an offense or attempted offense that would subject the person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Child Murderer and Violent Offender Against Youth Registration Act (rather than an offense that is not a crime of violence, a Class X or a nonprobationable offense, or a violation of the Sex Offenses or Bodily Harm Articles of the Criminal Code of 1961, but who has not been convicted more than twice of a felony). Provides that "eligible offender" does not include a person who has been convicted of committing or attempting to commit first degree murder. Provides that a certificate [...]

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PUBLIC AID-CHILD CARE PROVIDER Amends the Illinois Public Aid Code. Provides that as a condition of eligibility to participate in the child care assistance program, a child care provider must authorize in writing an investigation to determine whether the child care provider has ever been charged with a crime and, if so, the disposition of those charges. Provides for confidentiality of information received by the Department of Human Services. Eliminates a provision that the Department of Human Services shall request the Department of Children and Family Services to conduct periodic investigations of the Central Register maintained under the Abused and Neglected Child Reporting Act. Effective immediately. Senate Floor Amendment No. 2 Adds reference to: 20 ILCS 2310/2310-186 new

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CRIME VICTIMS Amends the Rights of Crime Victims and Witnesses Act. Provides that the victim of the crime for which the prisoner has been sentenced shall receive reasonable written notice not less than 30 (rather than 15) days prior to the parole hearing. Provides that if a victim or concerned citizen has registered an objection to parole of an inmate, the victim or concerned citizen may receive a copy of the most recent written submissions that the inmate filed in requesting parole. Amends the Sexually Violent Persons Commitment Act. Includes in the definition of sexually violent offense, first degree murder, if it is determined by the agency with jurisdiction that a sexually violent offense was committed during the same course of criminal conduct as the first degree murder and that relevant and reliable evidence shows that the sexually violent offense was committed by the inmate or by a person for whom the inmate was legally accountable if the inmate aided, encouraged, or abetted [...]

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