New Illinois Laws 2020: Crime, Corrections

Criminal Code-Places of Worship (HB 38) - Enhances penalties for crimes committed in places of worship. States that a person commits aggravated assault or aggravated battery when he or she commits an assault or battery in a church, synagogue, mosque, or other building, structure, or place used for religious worship.

Amends the Unified Code of Corrections Act (HB 94) - Makes individuals serving a sentence for an offense committed before June 19, 1998 eligible for good time sentence credits for successful completion of a degree, substance abuse or other rehabilitation programming.

Probate-Assault of Elderly (HB 347) - Adds other actions to the definition of abuse against the elderly. These acts include assault, aggravated assault, battery, and aggravated battery.

Amends the Illinois Crime Reduction Act of 2009 (HB 386) - Requires correctional entities to publish a report on their use of evidence-based practices to set conditions of local supervision and mandatory supervised release, to be published annually on the DOC website.

Repeals Incarceration-Reimburse Act (HB 900) - Removes provision requiring incarcerated people to reimburse the DOC for the cost of their incarceration. "Pay to Stay."

Disorderly Conduct-School Minor (HB 1579) - Expands the offense of disorderly misconduct to cover threats against schools that are made online or do not specifically mention a bomb.

Criminal Procedure-Arrest Warrants (HB 1583) - Changes the Code of Criminal Procedure so if an arrest warrant is requested electronically has a simultaneous video and audio transmission between the requesting party and a judge, the judge may issue an arrest warrant based upon a sworn complaint or testimony communicated in the transmission.

Criminal Law- Cloud Computing (HB 2133) - Expands the definition of computer to include cloud-based networks.

Criminal Prosecutions- Sex Offenders (HB 2135) - Removes the statute of limitations for criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse for all ages, not just those 18 and under.

No Contact Provision (HB 2308) - Provides that in the event a defendant is unable to post bond, the court may impose a no contact provision with the victim or other interested party that shall be enforced while the defendant remains in custody.

Parental Detention (HB 2444) - Court will consider circumstances involving unnecessary harm to children by separation from parents during pre-trial detention or incarceration as factors of release.

Re-Entering Citizens Civics Education Act (HB 2541) - Requires DOC and DJJ to provide a civics education program to incarcerated citizens who will be released in 12 months.

Impact Incarceration (HB 3168) - Requires that a pre-sentence report must include information concerning a defendant's eligibility for a sentence to an impact incarceration program administered by the Department of Corrections.

Criminal Code-Female Genital Mutilation (HB 3498) - Ends the statue of limitations for the prosecution for female genital mutilation if the victim is under 18 years of age at the time of the offense.

Code of Corrections-Good Conduct (HB 3580) - Amends the Unified Code of Corrections to provide that Certificates of Good Conduct may relieve eligible offenders of any bar to occupational licensing or housing.

Amends the Rights of Crime Victims and Witnesses Act (HB 3584) - Provides a crime victim the right to register with the Prisoner Review Board’s victim registry and to submit a victim impact statement to the Board for consideration at hearings or executive clemency hearings.

Financial Exploitation of the Elderly (SB 69) - Tightens up statues to ensure those who commit crimes against elderly and disabled persons are held accountable.

County Jail-Good Behavior (SB 416) - Provides that it is an aggravated factor in sentencing if a defendant has been found guilty of an administrative infraction related to public indecency or sexual misconduct while in jail.

Criminal Code Identity Theft (SB 1294) - Changes the Criminal Code of 2012 concerning identity theft to use the term "personal identifying information", rather than "personal identification information."

Amends the Children's Advocacy Center Act (SB 1418) - Provides that consent is not required for a forensic interview to be electronically recorded and that failure to record does not render a forensic interview inadmissible.

Probation Violation (SB 1583) - Warrants expire after 10 years in cases where an offender is in violation of probation, conditional discharge, or supervision for theft, retail theft, or possession of a controlled substance.

Consumer Fraud-Criminal Record (SB 1599) - Requires a business that publishes criminal record information publicly must change any error within 5 business days of being notified of the error; failure to do so is a violation of the Consumer Fraud and Deceptive Business Practices Act.

Incarceration Credit (SB 1609) - Increases the daily fine credit awarded to those incarcerated for a bailable offense and against whom a fine is levied on conviction, but are unable to post bail, from $5 to $30. An amendment keeps original bill and makes a change to Act to limit application to fines only.

Criminal Procedure-Alien Advisement (SB 1610) - Amends the Criminal Code to allow a defendant to withdraw their guilty plea within two years of a conviction if a judge failed to advise the defendant that a guilty plea could affect their immigration status. These provisions apply to defendants arraigned after the effective date of this Act.

Code of Corrections-Aggravating Factors (SB 1750) - Creates an aggravated factor in cases where the guilty party left the scene of an accident where a death occurred if they were under the influence of drugs, alcohol, or using an electronic device. Prosecution must prove the defendant exceeded the legal limit at time of accident.

Jail-Prison Voting (SB 2090) - Establishes polling locations for those incarcerated but not yet convicted in Cook County jails and requires all local election authorities in other counties to coordinate VBM opportunities for those in the county jail.

Source: Illinois State Democrats