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Full Text of SB0031  100th General Assembly

SB0031sam001 100TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 3/14/2017

 

 


 

 


 
10000SB0031sam001LRB100 04996 SLF 23527 a

1
AMENDMENT TO SENATE BILL 31

2    AMENDMENT NO. ______. Amend Senate Bill 31 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Illinois Trust Act.
 
6    Section 5. Legislative intent. It is the intent of the
7General Assembly that this Act shall not be construed as
8providing, expanding, or ratifying the legal authority for any
9State or local law enforcement agency to detain an individual
10on an immigration detainer or administrative warrant, or
11perform any other civil immigration enforcement function.
 
12    Section 10. Definitions. In this Act:
13    "Administrative warrant" means an immigration warrant of
14arrest, order to detain or release aliens, notice of custody
15determination, notice to appear, removal order, warrant of

 

 

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1removal, or any other document issued by an immigration agent
2that can form the basis for an individual's arrest or detention
3for a civil immigration enforcement purpose not including any
4warrants issued by a criminal court upon a determination of
5probable cause and in compliance with the requirements of the
6Fourth Amendment to the United States Constitution and Article
7I, Section 6 of the Illinois Constitution.
8    "Appropriate personnel" means the personnel of a facility
9listed in subsection (a) of Section 40 of this Act that the
10Department of Human Services has determined by rule to be a
11person of authority for that facility. For a public elementary
12or secondary school, the Department shall deem "appropriate
13personnel" to be the school district's superintendent, in
14consultation with the school district's chief legal counsel.
15For an institution of higher education, the Department shall
16deem "appropriate personnel" to be the president or chancellor
17of the institution.
18    "Certification" means any law enforcement certification or
19statement required by federal immigration law including, but
20not limited to, the information required by Section 1184(p) of
21Title 8 of the United States Code (including current United
22States Citizenship and Immigration Service Form I-918,
23Supplement B, or any successor forms) for purposes of obtaining
24a U visa, or by Section 1184(o) of Title 8 of the United States
25Code (including current United States Citizenship and
26Immigration Service Form I-914, Supplement B, or any successor

 

 

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1forms) for purposes of obtaining a T visa.
2    "Certifying agency" means a State or local law enforcement
3agency, prosecutor, or other authority that has responsibility
4for the detection, investigation, or prosecution of criminal
5activity including an agency that has criminal investigative
6jurisdiction in its respective areas of expertise, and
7specifically includes the Department of Labor, the Department
8of Children and Family Services, the Department of Human
9Services, and the Illinois Workers' Compensation Commission,
10but not including any State court.
11    "Citizenship or immigration status" means all matters
12regarding questions of citizenship of the United States or any
13other country, the authority to reside in or otherwise be
14present in the United States, the time or manner of a person's
15entry into the United States, or any other civil immigration
16matter enforced by the federal Department of Homeland Security
17or other federal agency charged with the enforcement of civil
18immigration laws.
19    "Coerce" means to use express or implied threats towards a
20person or family member of a person that attempts to put the
21person in immediate fear of the consequences in order to compel
22that person to act against his or her will.
23    "Contact information" means home address, work address,
24telephone number, electronic mail address, social media
25information, or any other personal identifying information
26that could be used as a means to contact an individual.

 

 

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1    "Eligible for release from custody" means that the
2individual may be released from custody because one of the
3following conditions has occurred:
4        (1) all criminal charges against the individual have
5    been dropped or dismissed;
6        (2) the individual has been acquitted of all criminal
7    charges filed against him or her;
8        (3) the individual has served all the time required for
9    his or her sentence;
10        (4) the individual has posted a bond; or
11        (5) the individual is otherwise eligible for release
12    under State or local law or local policy.
13    "Family member" means a person's (i) mother or father
14(including step), spouse, brother or sister (including blood,
15step, or half), son or daughter (including blood, step, or
16half), father-in- law, mother-in-law, daughter-in-law,
17son-in-law, brother-in-law, sister-in-law, grandparent, or
18grandchild; (ii) court-appointed legal guardian or a person for
19whom the person is a court-appointed legal guardian; or (iii)
20domestic partner or the domestic partner's mother or father
21(including step), brother or sister (including blood, step, or
22half), or son or daughter (including blood, step, or half).
23    "Immigration agent" means an agent of federal Immigration
24and Customs Enforcement, federal Customs and Border
25Protection, an individual authorized to conduct enforcement of
26civil immigration laws under Section 1357(g) of Title 8 of the

 

 

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1United States Code or any other federal law, any other federal
2agent charged with enforcement of civil immigration laws, or
3any successor.
4    "Immigration detainer" means a document issued by an
5immigration agent to a federal, State, or local law enforcement
6agency that requests that the law enforcement agency provide
7notice of release or maintain custody of an individual based on
8an alleged violation of a civil immigration law, including
9detainers issued under Section 287.7 of Title 8 of the United
10States Code or Section 236.1 of Title 8 of the Code of Federal
11Regulations.
12    "Immigration enforcement operation" means any operation
13that has as one of its objectives the identification or
14apprehension of a person or persons: (1) in order to subject
15them to civil immigration detention, removal proceedings, and
16removal from the United States; or (2) to criminally prosecute
17a person or persons for offenses related to immigration status,
18including but not limited to, violations of Sections 1253,
191304, 1306(a), 1306(b), 1325, or 1326 of Title 8 of the United
20States Code.
21    "Law enforcement agency" means an agency in this State
22charged with enforcement of State, county, or municipal laws or
23with managing custody of detained persons in the State,
24including municipal police departments, sheriff's departments,
25campus police departments, the Department of State Police, and
26the Department of Juvenile Justice.

 

 

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1    "Law enforcement official" means any officer or other agent
2of a State or local law enforcement agency authorized to
3enforce criminal laws, rules, regulations, or local ordinances
4or to operate jails, correctional facilities, or juvenile
5detention facilities or to maintain custody of individuals in
6jails, correctional facilities, or juvenile detention
7facilities.
8    "Qualifying criminal activity" means any activity
9regardless of the stage of detection, investigation, or
10prosecution, involving one or more of the following or any
11similar activity in violation of federal, State, or local
12criminal law: rape; torture; trafficking; incest; domestic
13violence; sexual assault; abusive sexual contact;
14prostitution; sexual exploitation; stalking; female genital
15mutilation; being held hostage; peonage; involuntary
16servitude; slave trade; kidnapping; abduction; unlawful
17criminal restraint; false imprisonment; blackmail; extortion;
18manslaughter; murder; felonious assault; witness tampering;
19obstruction of justice; perjury; fraud in foreign labor
20contracting (as defined in in Section 1351 of Title 18 of the
21United States Code); or attempt, conspiracy, or solicitation to
22commit any of the above mentioned crimes; and any criminal
23activity that has an articulable similarity to any activity
24listed under this definition, but is not specifically listed
25under this definition. Qualifying criminal activity also means
26any qualifying criminal activity that occurs during the

 

 

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1commission of non-qualifying criminal activity, regardless of
2whether or not criminal prosecution was sought for the
3qualifying criminal activity. There is no statute of
4limitations on the criminal activity which falls under this
5definition.
6    "Verbal abuse" means the use of a remark which is overtly
7insulting, mocking, or belittling directed at a person based
8upon the actual or perceived: (1) race, color, sex, religion,
9national origin, English proficiency, sexual orientation, or
10gender identity of that person, or (2) citizenship or
11immigration status of that person or that person's family
12member.
13    "Victim of qualifying criminal activity" means any
14individual who:
15        (1) has reported qualifying criminal activity to a law
16    enforcement agency or certifying agency;
17        (2) has otherwise participated in the detection,
18    investigation, or prosecution of qualifying criminal
19    activity;
20        (3) has suffered direct or proximate harm as a result
21    of the commission of any qualifying criminal activity;
22    including, but not limited to, any indirect victim
23    regardless of the direct victim's immigration or
24    citizenship status, who, in any case in which the direct
25    victim is deceased, incompetent, or incapacitated, is the
26    direct victim's spouse, the direct victim's child under 21

 

 

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1    years of age, or (if the direct victim is under 21 years of
2    age) the direct victim's parent or unmarried sibling under
3    18 years of age; or
4        (4) was a victim of a severe form of trafficking in
5    persons as defined in Section 7102 of Title 22 of the
6    United States Code and Section 10-9 of the Criminal Code of
7    2012.
8    A bystander victim may also be considered as a "victim of
9qualifying criminal activity". More than one victim may be
10identified and provided with certification depending upon the
11circumstances. For purposes of the definition of "victim of
12qualifying criminal activity," the term "incapacitated" means
13unable to interact with law enforcement agency or certifying
14agency personnel as a result of a cognitive impairment or other
15physical limitation, or because of physical restraint or
16disappearance.
 
17    Section 15. Prohibited immigration enforcement activities;
18exceptions.
19    (a) A law enforcement agency may not detain or continue to
20detain any individual solely on the basis of any immigration
21detainer or administrative warrant, or otherwise comply with an
22immigration detainer or administrative warrant after that
23individual becomes eligible for release from custody.
24    (b) A law enforcement official shall not stop, arrest,
25search, detain, or continue to detain a person solely based on

 

 

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1an individual's citizenship or immigration status or on an
2administrative warrant entered into the Federal Bureau of
3Investigation's National Crime Information Center database, or
4any successor or similar database maintained by the United
5States.
6    (c) A law enforcement agency shall not enter into an
7agreement under Section 1357(g) of Title 8 of the United States
8Code or any other federal law that permits State or local
9governmental entities to enforce federal civil immigration
10laws.
11    (d) A law enforcement agency shall not be permitted to
12accept requests by immigration agents or other agencies to
13support or assist in any capacity with immigration enforcement
14operations, including, but not limited to, requests to provide
15information on persons that may be the subject of immigration
16enforcement operations, except as may be required under
17subsection (g) of this Section, to establish traffic
18perimeters, or to otherwise be present to assist or support an
19operation.
20    (e) Except as provided in subsection (f) of this Section, a
21law enforcement official or other law enforcement agency
22personnel shall not:
23        (1) give any immigration agent access to any individual
24    or allow any immigration agent to use law enforcement
25    agency facilities for investigative interviews or other
26    investigative purposes;

 

 

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1        (2) transfer any person into an immigration agent's
2    custody;
3        (3) permit federal Immigration and Customs Enforcement
4    agents use of agency facilities, information except as may
5    be required under subsection (g) of this Section, or
6    equipment, including any agency electronic databases, for
7    investigative interviews or other investigative purpose or
8    for purposes of executing an immigration enforcement
9    operation; or
10        (4) respond to immigration agent inquiries regarding
11    any individual's incarceration status, release date, or
12    contact information except insofar as the agency makes that
13    information available to the public.
14    (f) If an immigration agent presents to a law enforcement
15official or law enforcement agency a valid and properly issued
16criminal warrant related to the investigation or prosecution of
17any criminal offense, including offenses provided for in the
18laws of another state or federal law, or the immigration agent
19otherwise demonstrates that he or she is engaged in the
20investigation or prosecution of a criminal offense, then the
21law enforcement official or law enforcement agency may conduct
22any of the activities listed in subsection (e) of this Section
23or otherwise communicate or coordinate with an immigration
24agent solely for assisting that specific purpose.
25    (g) Nothing in this Section prohibits any State or local
26entity or official from sending to, or receiving from, any

 

 

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1local, State, or federal agency information regarding an
2individual's citizenship or immigration status. All law
3enforcement agencies shall instruct their officials that
4federal law does not allow any this prohibition. "Information
5regarding an individual's citizenship or immigration status,"
6for purposes of this subsection (g), means a statement of the
7individual's country of citizenship or a statement of the
8individual's immigration status.
9    (h) Subsections (a), (d), (e), (f), and (g) of this Section
10shall not apply to the Department of Corrections.
11    (i) Nothing in this Section shall be construed as
12restricting any expenditure or activity necessary to the
13performance by the State, any local unit of government, or any
14law enforcement or other agency, official, employee, or agent
15of any obligations under any contract between the State, the
16local unit of government, or the agency and federal officials
17regarding the use of a facility to detain individuals in
18federal immigration removal proceedings.
 
19    Section 20. Prohibited activities related to immigration
20detention facilities. Notwithstanding subsection (i) of
21Section 15 of this Act, no State, local unit of government, or
22agency shall be permitted to contract with a private for-profit
23vendor or contractor for the provision of services, other than
24ancillary services as defined under the Section 3 of Private
25Correctional Facility Moratorium Act, relating to the

 

 

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1operation or management of a facility to detain individuals in
2federal immigration removal proceedings, or to approve any
3permits, zoning changes, or other measures required for, or to
4otherwise facilitate, the construction, operation, or
5management of a facility.
 
6    Section 25. Other prohibited activities; verbal abuse and
7coercion. A law enforcement agency or law enforcement official
8shall not:
9    (1) coerce any person based upon the person's actual or
10perceived citizenship or immigration status or the actual or
11perceived citizenship or immigration status of the person's
12family member;
13    (2) communicate a threat to deport that person or any
14family member of that person under circumstances that
15reasonably tend to produce a fear that the threat will be
16carried out; or
17    (3) otherwise subject a person to verbal abuse as defined
18by Section 10 of this Act.
 
19    Section 30. Other prohibited activities; registry
20programs. A law enforcement agency or law enforcement official
21shall not expend any time, facilities, equipment, information,
22or other resources of the agency or agent to facilitate the
23creation, publication, or maintenance of any federal program to
24register individuals present in the United States based on

 

 

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1their race, color, ancestry, national origin, or religion, or
2the participation in such a registry of any residents of the
3jurisdiction served by that agency or official.
 
4    Section 35. Certifications for victims of qualifying
5criminal activity.
6    (a) A certifying agency shall execute any certification
7requested by any victim of qualifying criminal activity or
8representative of the victim including, but not limited to, the
9victim's attorney, accredited representative, or domestic
10violence service provider, within 90 days of receiving the
11request. If the victim seeking certification is in federal
12immigration removal proceedings, then the certifying agency
13shall execute the certification no later than 14 days after the
14request is received by the agency. If the victim's children,
15parents, or siblings will become ineligible for benefits under
16Sections 1184(p) and 1184(o) of Title 8 of the United States
17Code by virtue of the victim's children having reached the age
18of 21 years, the victim having reached the age of 21 years, or
19the victim's sibling having reached the age of 18 years within
2090 days from the date that the certifying agency receives the
21certification request, the certifying agency shall execute the
22certification no later than 14 days after the request is
23received by the agency, or in the event that the loss of the
24benefit would occur less than 14 days of receipt of the
25certification request, the agency shall execute a

 

 

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1certification within 3 days. Requests for expedited
2certification must be affirmatively raised by the victim or
3representative of the victim.
4    (b) If a certifying agency fails to certify within the time
5limit under subsection (a) of this Section, or a victim of
6qualifying criminal activity or representative of the victim
7disputes the content of a certification, then the victim of
8qualifying criminal activity may bring an action in circuit
9court to seek certification or amend the certification. The
10court shall award court costs and reasonable attorney's fees to
11any person who brings a proceeding under this subsection (b)
12who prevails. Nothing in this subsection (b) shall limit a
13State judge's authority to execute a certification outside the
14procedures established by this Section.
15    (c) Each certifying agency has independent legal authority
16to issue a certification. The head of each certifying agency,
17or a designated agent who performs a supervisory role within
18the certifying agency, shall perform the following
19responsibilities:
20        (1) respond to requests for certifications as required
21    by this Section;
22        (2) provide outreach to victims of qualifying criminal
23    activity to inform them of the agency's certification
24    process; and
25        (3) keep written records of all certification requests
26    and responses, which shall be reported to the Illinois

 

 

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1    Trust Act Compliance Board on an annual basis.
2    (d) A certifying agency shall reissue any certification
3within 90 days of receiving a request from the victim of
4qualifying criminal activity or representative of the victim
5including, but not limited to, the victim's attorney,
6accredited representative, or domestic violence service
7provider. If the victim seeking recertification has a deadline
8for a request for evidence response, the certifying agency
9shall execute the certification no later than 14 days after the
10request is received by the agency. Requests for expedited
11recertification shall be affirmatively raised by the victim or
12representative of the victim.
13    (e) Notwithstanding any other provision of this Section, a
14certifying agency's completion of a certification shall not be
15considered sufficient evidence that the victim has met
16eligibility requirements for a U or T visa and completion of a
17certification by a certifying agency shall not be construed to
18guarantee that a victim will receive federal immigration
19relief. It is the exclusive responsibility of federal
20immigration officials to determine whether a victim of
21qualifying criminal activity is eligible for a U or T visa.
22Completion of a certification by a certifying agency merely
23verifies factual information relevant to the immigration
24benefit sought, including information relevant for federal
25immigration officials to determine eligibility for a U or T
26visa. By completing a certification, the certifying agency

 

 

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1attests that the information is true and correct to the best of
2the certifying official's knowledge. If after completion of a
3certification, the victim unreasonably refuses to assist in the
4investigation or prosecution of the qualifying criminal
5activity of which he or she is a victim, then the certifying
6agency may notify United States Citizenship and Immigration
7Services in writing.
8    (f) All certifying agencies not subject to the training
9requirements established in Section 10.17-5 of the Illinois
10Police Training Act shall adopt a training program on U and T
11nonimmigrant visas and other remedies for immigrant victims of
12qualifying criminal activity.
13    (g) All certifying agencies shall adopt and implement a
14language access protocol for non-English speaking victims of
15qualifying criminal activity.
 
16    Section 40. Certain State-funded schools and facilities.
17    (a) The following entities in this State shall not grant
18access to any immigration agent or to any law enforcement
19agency acting under an agreement with federal Immigration and
20Customs Enforcement or otherwise undertaking other joint
21immigration enforcement operations with federal, State, or
22local law enforcement agencies, unless a court has issued a
23warrant and appropriate personnel have reviewed that warrant:
24        (1) State-funded schools, including licensed day care
25    centers, pre-schools, and other early learning programs;

 

 

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1    elementary and secondary schools, and institutions of
2    higher education.
3        (2) State-funded medical treatment and health care
4    facilities, including hospitals, health clinics, emergency
5    or urgent care facilities, nursing homes, group homes for
6    persons with developmental disabilities,
7    community-integrated living arrangements, and State mental
8    health facilities.
9        (3) Facilities operated by the Office of the Secretary
10    of State.
11    (b) Employees of elementary and secondary schools in this
12State and institutions of higher education in this State shall
13be prohibited from asking about a student's immigration status
14or that of the student's family members, except in cases of
15in-State or in-district tuition verification, scholarships,
16grants, or services that are contingent upon this information.
17    (c) In accordance with rules adopted by the Department of
18Human Services, that Department shall provide training or make
19training available from a source with expertise in immigration
20to teachers, administrators, and other staff of elementary and
21secondary schools in this State, as well as to staff of medical
22treatment and health care facilities, on how to deal with
23issues concerning the legal status of immigrants and the
24process of deportation, and how to notify families of those
25issues in multiple languages. Training in how to deal with
26immigration issues may include, but is not limited to,

 

 

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1providing information regarding the legal rights of
2immigrants, explaining the process of deportation, assisting
3in finding resources available to help immigrants, and other
4information the Department determines by rule.
5    (d) The appropriate personnel of a facility listed in
6subsection (a) of this Section shall develop a plan within 90
7days after the effective date of this Act to provide
8assistance, information, and safety to persons who are
9concerned about the government's immigration enforcement
10efforts.
11    (e) Beginning on and after the effective date of this Act,
12all applications, questionnaires, and interview forms used in
13relation to benefits, opportunities, or services provided by a
14State agency or in-State or in-district tuition verification,
15scholarships, grants, or services provided by a public
16elementary or secondary school or public institution of higher
17education shall be promptly reviewed by that State agency,
18school, or institution, and any questions regarding
19citizenship or immigration status, other than those required by
20statute, ordinance, federal law, or court order, shall be
21removed within 60 days after the effective date of this Act.
22Sixty days after the effective date of this Act, no
23applications, questionnaires, or interview forms used in
24relation to benefits, opportunities, or services provided by a
25State agency or in-State or in-district tuition verification,
26scholarships, grants, or services provided by a public

 

 

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1elementary or secondary school or public institution of higher
2education may contain any questions regarding citizenship or
3immigration status, other than those required by statute,
4ordinance, federal law, or court order.
5    (f) The Department of Human Services shall adopt any rules
6necessary to implement this Section.
 
7    Section 45. Equal access to educational, rehabilitative,
8and diversionary programs in the criminal justice system.
9Neither the Department of Corrections nor any law enforcement
10agency may consider an immigration detainer or administrative
11warrant in determining an individual's eligibility or
12placement in any educational, rehabilitative, or diversionary
13program described in the Unified Code of Corrections or any
14other educational, rehabilitative, or diversionary program
15administered by a law enforcement agency.
 
16    Section 50. Compliance Board; oversight.
17    (a) The Governor shall appoint, with the advice and consent
18of the Senate, an Illinois Trust Act Compliance Board within 90
19days after the effective date of this Act. This Board shall
20consist of 13 members, serving terms of 3 years, and the
21members shall elect their chairperson. No more than 7 members
22shall be of the same political party. All appointments shall be
23made in writing and filed with the Secretary of State as a
24public record.

 

 

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1    (b) The Board shall consist of the following members:
2        (1) one representative of the Governor's office;
3        (2) one representative of the Attorney General's
4    office;
5        (3) one representative of the Illinois Legislative
6    Latino Caucus;
7        (4) one representative of law enforcement from the
8    Chicago Police Department;
9        (5) one representative of law enforcement from Cook
10    County;
11        (6) 2 representatives of law enforcement from outside
12    of Cook County;
13        (7) one representative that advocates for immigrants
14    in the Latino or Hispanic community in this State;
15        (8) one representative that advocates for immigrants
16    in the Asian American community in this State;
17        (9) one representative that advocates for immigrants
18    in the African, Arab, or Muslim American community in this
19    State;
20        (10) one representative that advocates for immigrant
21    in this State;
22        (11) 2 representatives that advocate for immigrant
23    victims of domestic violence in Illinois;
24    (c) This Board shall be charged with the following
25responsibilities:
26        (1) monitoring compliance with this Act;

 

 

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1        (2) disseminating information about this Act to
2    affected communities and the general public;
3        (3) establishing mechanisms by which the public can
4    report concerns and recommendations regarding
5    implementation of this Act;
6        (4) identifying implementation issues and other
7    trends, and providing recommendations to the Governor and
8    the Attorney General for addressing these issues;
9        (5) conducting research regarding sharing personally
10    identifiable information between law enforcement agencies
11    and federal Immigration and Customs Enforcement, including
12    but not limited to, research regarding:
13            (A) requests for or investigations involving
14        personally identifiable information by law enforcement
15        agencies and officials;
16            (B) sharing of information and data posted in the
17        Illinois Law Enforcement Agencies Database System
18        (LEADS) or any other State administered database to
19        which immigration agents have access;
20            (C) immigration agents' use of the LEADS database
21        or any other State administered database; and
22            (D) the impact of the requests, investigations,
23        and sharing and use of information on relations between
24        law enforcement agencies and immigrant communities;
25        (6) conducting additional research as may be
26    necessary, including, but not limited to, requesting and

 

 

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1    disseminating data from law enforcement agencies relevant
2    to this Act and this Act's impact on law enforcement
3    agencies, police-community relations, affected
4    communities, and the State overall;
5        (7) publishing a report of its activities no less than
6    once each calendar year; and
7        (8) any other responsibilities relating to this Act as
8    the Board may identify.
 
9    Section 55. Private right of action.
10    (a) Any person may bring an action in State circuit court
11to challenge any law enforcement official or agency for failure
12to fully comply with this Act. If there is a judicial finding
13that a law enforcement official or agency has violated this
14Act, then the court shall order that the law enforcement
15official or agency pay a civil penalty of not less than $1,000
16and not more than $5,000 for each instance that the law
17enforcement official or agency has violated this Act.
18    (b) The court shall collect the civil penalty prescribed in
19subsection (a) and remit the civil penalty to the Crime Victim
20Services Division of the Office of the Attorney General for use
21in its programs to assist victims of crime.
22    (c) The court may award court costs and reasonable
23attorney's fees to any person who prevails by an adjudication
24on the merits in a proceeding brought under this Section.
25    (d) Except in relation to matters in which a law

 

 

10000SB0031sam001- 23 -LRB100 04996 SLF 23527 a

1enforcement officer is adjudged to have acted in bad faith, a
2law enforcement officer shall be indemnified by the law
3enforcement agency for reasonable costs and expenses,
4including attorney's fees, incurred by an officer in connection
5with any action, suit, or proceeding brought under this Section
6in which the officer may be a defendant by reason of the
7officer being or having been a member of the law enforcement
8agency.
 
9    Section 97. The Illinois Notary Public Act is amended by
10changing Section 3-104 as follows:
 
11    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
12    Sec. 3-104. Maximum Fee.
13    (a) Except as provided in subsection (b) of this Section,
14the maximum fee in this State is $1.00 for any notarial act
15performed and, until July 1, 2018, up to $25 for any notarial
16act performed pursuant to Section 3-102.
17    (b) Fees for a notary public, agency, or any other person
18who is not an attorney or an accredited representative filling
19out immigration forms shall be limited to the following:
20        (1) $10 per form completion;
21        (2) $10 per page for the translation of a non-English
22    language into English where such translation is required
23    for immigration forms;
24        (3) $1 for notarizing;

 

 

10000SB0031sam001- 24 -LRB100 04996 SLF 23527 a

1        (4) $3 to execute any procedures necessary to obtain a
2    document required to complete immigration forms; and
3        (5) A maximum of $75 for one complete application.
4    Fees authorized under this subsection shall not include
5application fees required to be submitted with immigration
6applications.
7    Any person who violates the provisions of this subsection
8shall be guilty of a Class A misdemeanor for a first offense
9and a Class 3 felony for a second or subsequent offense
10committed within 5 years of a previous conviction for the same
11offense.
12    (c) Upon his own information or upon complaint of any
13person, the Attorney General or any State's Attorney, or their
14designee, may maintain an action for injunctive relief in the
15court against any notary public or any other person who
16violates the provisions of subsection (b) of this Section.
17These remedies are in addition to, and not in substitution for,
18other available remedies.
19    (c-5) Notwithstanding subsection (c) of this Section, any
20person may file a civil action to enforce the provisions of
21this subsection and maintain an action for injunctive relief,
22for compensatory damages to recover prohibited fees, or for
23such additional relief as may be appropriate to deter, prevent,
24or compensate for the violation. In order to deter violations
25of this Section, courts shall not require a showing of the
26traditional elements for equitable relief. A prevailing

 

 

10000SB0031sam001- 25 -LRB100 04996 SLF 23527 a

1plaintiff may be awarded 3 times the prohibited fees, or a
2minimum of $1,000 in punitive damages, attorney's fees, and
3costs of bringing an action under this Section. It is the
4express intention of the General Assembly that remedies for
5violation of this Section be cumulative. If the Attorney
6General or any State's Attorney fails to bring an action as
7provided pursuant to this subsection within 90 days of receipt
8of a complaint, any person may file a civil action to enforce
9the provisions of this subsection and maintain an action for
10injunctive relief.
11    (d) All notaries public must provide receipts and keep
12records for fees accepted for services provided. Failure to
13provide receipts and keep records that can be presented as
14evidence of no wrongdoing shall be construed as a presumptive
15admission of allegations raised in complaints against the
16notary for violations related to accepting prohibited fees.
17(Source: P.A. 98-29, eff. 6-21-13.)
 
18    Section 100. The Illinois Police Training Act is amended by
19adding Section 10.17-5 as follows:
 
20    (50 ILCS 705/10.17-5 new)
21    Sec. 10.17-5. Training program on federal nonimmigrant
22visas. The Board shall conduct or approve a training program on
23U and T nonimmigrant visas and other immigration remedies for
24immigrant victims of qualifying criminal activity as defined in

 

 

10000SB0031sam001- 26 -LRB100 04996 SLF 23527 a

1Section 10 of the Illinois Trust Act. A law enforcement
2agency's continuing education program shall provide to the head
3of the agency and the agency's certifying agent, as designated
4under subsection (c) of Section 35 of the Illinois Trust Act,
5continuing education concerning U and T nonimmigrant visas, and
6continuing education concerning cultural diversity awareness.
 
7    Section 105. The Juvenile Court Act of 1987 is amended by
8changing Section 2-4a as follows:
 
9    (705 ILCS 405/2-4a)
10    Sec. 2-4a. Special Immigrant Juvenile Status Special
11immigrant minor.
12    (a) Upon filing of a petition on behalf of an immigrant
13minor alleging that the minor satisfies the prerequisites for
14special immigrant juvenile status under 8 U.S.C.
151101(a)(27)(J) and stating the custodial status sought on
16behalf of the minor, a juvenile court shall declare the
17immigrant minor a dependent of the court, order that an
18immigrant minor be placed under the custody of an appropriate
19State agency, or order that an immigrant minor be placed with
20an individual or entity appointed by the State or the court, if
21the court makes the following findings:
22            (1) that a reasonable diligent search for one or
23    both of the biological parents or prior adoptive parents
24    has been conducted; and

 

 

10000SB0031sam001- 27 -LRB100 04996 SLF 23527 a

1            (2) that reunification with one or both of the
2    minor's biological parents or prior adoptive parents is not
3    a viable option due to abuse, neglect, abandonment, or
4    similar basis; and
5            (3) that it would not be in the immigrant minor's
6    best interest to be returned to the minor's or parent's
7    previous country of nationality or country of last habitual
8    residence.
9    Except as otherwise provided in this Act, a special immigrant
10    minor under 18 years of age who has been made a ward of the
11    court may be deemed eligible by the court for long-term
12    foster care due to abuse, neglect, or abandonment and
13    remain under the jurisdiction of the juvenile court until
14    his or her special immigrant juvenile status and adjustment
15    of status applications are adjudicated. The petition filed
16    on behalf of the special immigrant minor must allege that
17    he or she otherwise satisfies the prerequisites for special
18    immigrant juvenile status pursuant to 8 U.S.C. Section
19    1101(a)(27)(J) and must state the custodial status sought
20    on behalf of the minor.
21    (b) (Blank). For the purposes of this Section, a juvenile
22court may make a finding that a special immigrant minor is
23eligible for long term foster care if the court makes the
24following findings:
25        (1) That a reasonable diligent search for biological
26    parents, prior adoptive parents, or prior legal guardians

 

 

10000SB0031sam001- 28 -LRB100 04996 SLF 23527 a

1    has been conducted; and
2        (2) That reunification with the minor's biological
3    parents or prior adoptive parents is not a viable option.
4    (b-5) An immigrant minor for whom the court makes the
5necessary findings under subsection (a) shall remain under the
6jurisdiction of the court until his or her special immigrant
7juvenile status and adjustment of status applications are
8adjudicated by the United States Citizenship and Immigration
9Services or its successor agency with such responsibilities.
10    (c) For the purposes of this Section:
11        (1) The terms "neglected or abused minor" and
12    "dependent minor" as described in Sections 2-3 and 2-4 of
13    the Act shall include a minor under the age of 21 years.
14        (2) The term "abandonment" means any occasion when a
15    biological or adoptive the failure of a parent whether
16    intentionally, negligently, or due to a physical or mental
17    disability, fails or legal guardian to maintain a
18    reasonable degree of interest, concern, or responsibility
19    for the welfare of his or her minor child or when a
20    diligent search has been conducted and one parent is not
21    located or one parent has died ward.
22        (2) (Blank). The term "special immigrant minor" means
23    an immigrant minor who (i) is present in the United States
24    and has been made a ward of the court and (ii) for whom it
25    has been determined by the juvenile court or in an
26    administrative or judicial proceeding that it would not be

 

 

10000SB0031sam001- 29 -LRB100 04996 SLF 23527 a

1    in his or her best interests to be returned to his or her
2    previous country of nationality or country of last habitual
3    residence.
4    (d) (Blank). This Section does not apply to a minor who
5applies for special immigrant minor status solely for the
6purpose of qualifying for financial assistance for himself or
7herself or for his or her parents, guardian, or custodian.
8(Source: P.A. 93-145, eff. 7-10-03.)
 
9    Section 110. The Cannabis Control Act is amended by
10changing Section 10 as follows:
 
11    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
12    Sec. 10. (a) Whenever any person who has not previously
13been convicted of, or placed on probation or court supervision
14for, any offense under this Act or any law of the United States
15or of any State relating to cannabis, or controlled substances
16as defined in the Illinois Controlled Substances Act, pleads
17guilty to or is found guilty of violating Sections 4(a), 4(b),
184(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
19entering a judgment and with the consent of such person,
20sentence him to probation.
21    (b) When a person is placed on probation, the court shall
22enter an order specifying a period of probation of 24 months,
23and shall defer further proceedings in the case until the
24conclusion of the period or until the filing of a petition

 

 

10000SB0031sam001- 30 -LRB100 04996 SLF 23527 a

1alleging violation of a term or condition of probation.
2    (c) The conditions of probation shall be that the person:
3(1) not violate any criminal statute of any jurisdiction; (2)
4refrain from possession of a firearm or other dangerous weapon;
5(3) submit to periodic drug testing at a time and in a manner
6as ordered by the court, but no less than 3 times during the
7period of the probation, with the cost of the testing to be
8paid by the probationer; and (4) perform no less than 30 hours
9of community service, provided community service is available
10in the jurisdiction and is funded and approved by the county
11board.
12    (d) The court may, in addition to other conditions, require
13that the person:
14        (1) make a report to and appear in person before or
15    participate with the court or such courts, person, or
16    social service agency as directed by the court in the order
17    of probation;
18        (2) pay a fine and costs;
19        (3) work or pursue a course of study or vocational
20    training;
21        (4) undergo medical or psychiatric treatment; or
22    treatment for drug addiction or alcoholism;
23        (5) attend or reside in a facility established for the
24    instruction or residence of defendants on probation;
25        (6) support his dependents;
26        (7) refrain from possessing a firearm or other

 

 

10000SB0031sam001- 31 -LRB100 04996 SLF 23527 a

1    dangerous weapon;
2        (7-5) refrain from having in his or her body the
3    presence of any illicit drug prohibited by the Cannabis
4    Control Act, the Illinois Controlled Substances Act, or the
5    Methamphetamine Control and Community Protection Act,
6    unless prescribed by a physician, and submit samples of his
7    or her blood or urine or both for tests to determine the
8    presence of any illicit drug;
9        (8) and in addition, if a minor:
10            (i) reside with his parents or in a foster home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13            (iv) contribute to his own support at home or in a
14        foster home.
15    (e) Upon violation of a term or condition of probation, the
16court may enter a judgment on its original finding of guilt and
17proceed as otherwise provided.
18    (f) Upon fulfillment of the terms and conditions of
19probation, the court shall discharge such person and dismiss
20the proceedings against him.
21    (g) A disposition of probation is considered to be a
22conviction for the purposes of imposing the conditions of
23probation and for appeal, however, discharge and dismissal
24under this Section is not a conviction for purposes of
25disqualification or disabilities imposed by law upon
26conviction of a crime (including the additional penalty imposed

 

 

10000SB0031sam001- 32 -LRB100 04996 SLF 23527 a

1for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
2of this Act).
3    (h) Discharge and dismissal under this Section, Section 410
4of the Illinois Controlled Substances Act, Section 70 of the
5Methamphetamine Control and Community Protection Act, Section
65-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
7subsection (c) of Section 11-14 of the Criminal Code of 1961 or
8the Criminal Code of 2012 may occur only once with respect to
9any person.
10    (i) If a person is convicted of an offense under this Act,
11the Illinois Controlled Substances Act, or the Methamphetamine
12Control and Community Protection Act within 5 years subsequent
13to a discharge and dismissal under this Section, the discharge
14and dismissal under this Section shall be admissible in the
15sentencing proceeding for that conviction as a factor in
16aggravation.
17    (j) Notwithstanding subsection (a), before a person is
18sentenced to probation under this Section, the court may refer
19the person to the drug court established in that judicial
20circuit pursuant to Section 15 of the Drug Court Treatment Act.
21The drug court team shall evaluate the person's likelihood of
22successfully completing a sentence of probation under this
23Section and shall report the results of its evaluation to the
24court. If the drug court team finds that the person suffers
25from a substance abuse problem that makes him or her
26substantially unlikely to successfully complete a sentence of

 

 

10000SB0031sam001- 33 -LRB100 04996 SLF 23527 a

1probation under this Section, then the drug court shall set
2forth its findings in the form of a written order, and the
3person shall not be sentenced to probation under this Section,
4but may be considered for the drug court program.
5    (k) In any case in which a person is sentenced to probation
6under this Section and has performed satisfactorily during the
7period in which probation was granted, and any criminal charge
8against that person was discharged and dismissed under this
9Section, the court shall, upon request of the defendant, permit
10the defendant to withdraw the plea of guilty or nolo contendere
11and enter a plea of not guilty, and the court shall dismiss the
12complaint or information against the defendant. If court
13records showing the case resolution are no longer available,
14the person's declaration, under penalty of perjury, that the
15charges were dismissed after he or she completed the
16requirements for probation, shall be presumed to be true if the
17person has submitted a copy of his or her state summary
18criminal history information maintained by the Department of
19State Police that either shows that the defendant successfully
20completed the probation or that the record is incomplete in
21that it does not show a final disposition. For purposes of this
22Section, a final disposition means that the state summary
23criminal history information shows either a dismissal after
24completion of the probation or a sentence after termination of
25the probation.
26(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 

 

 

10000SB0031sam001- 34 -LRB100 04996 SLF 23527 a

1    Section 115. The Illinois Controlled Substances Act is
2amended by changing Section 410 as follows:
 
3    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
4    Sec. 410. (a) Whenever any person who has not previously
5been convicted of, or placed on probation or court supervision
6for any offense under this Act or any law of the United States
7or of any State relating to cannabis or controlled substances,
8pleads guilty to or is found guilty of possession of a
9controlled or counterfeit substance under subsection (c) of
10Section 402 or of unauthorized possession of prescription form
11under Section 406.2, the court, without entering a judgment and
12with the consent of such person, may sentence him or her to
13probation.
14    (b) When a person is placed on probation, the court shall
15enter an order specifying a period of probation of 24 months
16and shall defer further proceedings in the case until the
17conclusion of the period or until the filing of a petition
18alleging violation of a term or condition of probation.
19    (c) The conditions of probation shall be that the person:
20(1) not violate any criminal statute of any jurisdiction; (2)
21refrain from possessing a firearm or other dangerous weapon;
22(3) submit to periodic drug testing at a time and in a manner
23as ordered by the court, but no less than 3 times during the
24period of the probation, with the cost of the testing to be

 

 

10000SB0031sam001- 35 -LRB100 04996 SLF 23527 a

1paid by the probationer; and (4) perform no less than 30 hours
2of community service, provided community service is available
3in the jurisdiction and is funded and approved by the county
4board.
5    (d) The court may, in addition to other conditions, require
6that the person:
7        (1) make a report to and appear in person before or
8    participate with the court or such courts, person, or
9    social service agency as directed by the court in the order
10    of probation;
11        (2) pay a fine and costs;
12        (3) work or pursue a course of study or vocational
13    training;
14        (4) undergo medical or psychiatric treatment; or
15    treatment or rehabilitation approved by the Illinois
16    Department of Human Services;
17        (5) attend or reside in a facility established for the
18    instruction or residence of defendants on probation;
19        (6) support his or her dependents;
20        (6-5) refrain from having in his or her body the
21    presence of any illicit drug prohibited by the Cannabis
22    Control Act, the Illinois Controlled Substances Act, or the
23    Methamphetamine Control and Community Protection Act,
24    unless prescribed by a physician, and submit samples of his
25    or her blood or urine or both for tests to determine the
26    presence of any illicit drug;

 

 

10000SB0031sam001- 36 -LRB100 04996 SLF 23527 a

1        (7) and in addition, if a minor:
2            (i) reside with his or her parents or in a foster
3        home;
4            (ii) attend school;
5            (iii) attend a non-residential program for youth;
6            (iv) contribute to his or her own support at home
7        or in a foster home.
8    (e) Upon violation of a term or condition of probation, the
9court may enter a judgment on its original finding of guilt and
10proceed as otherwise provided.
11    (f) Upon fulfillment of the terms and conditions of
12probation, the court shall discharge the person and dismiss the
13proceedings against him or her.
14    (g) A disposition of probation is considered to be a
15conviction for the purposes of imposing the conditions of
16probation and for appeal, however, discharge and dismissal
17under this Section is not a conviction for purposes of this Act
18or for purposes of disqualifications or disabilities imposed by
19law upon conviction of a crime.
20    (h) There may be only one discharge and dismissal under
21this Section, Section 10 of the Cannabis Control Act, Section
2270 of the Methamphetamine Control and Community Protection Act,
23Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
24or subsection (c) of Section 11-14 of the Criminal Code of 1961
25or the Criminal Code of 2012 with respect to any person.
26    (i) If a person is convicted of an offense under this Act,

 

 

10000SB0031sam001- 37 -LRB100 04996 SLF 23527 a

1the Cannabis Control Act, or the Methamphetamine Control and
2Community Protection Act within 5 years subsequent to a
3discharge and dismissal under this Section, the discharge and
4dismissal under this Section shall be admissible in the
5sentencing proceeding for that conviction as evidence in
6aggravation.
7    (j) Notwithstanding subsection (a), before a person is
8sentenced to probation under this Section, the court may refer
9the person to the drug court established in that judicial
10circuit pursuant to Section 15 of the Drug Court Treatment Act.
11The drug court team shall evaluate the person's likelihood of
12successfully completing a sentence of probation under this
13Section and shall report the results of its evaluation to the
14court. If the drug court team finds that the person suffers
15from a substance abuse problem that makes him or her
16substantially unlikely to successfully complete a sentence of
17probation under this Section, then the drug court shall set
18forth its findings in the form of a written order, and the
19person shall not be sentenced to probation under this Section,
20but may be considered for the drug court program.
21    (k) In any case in which a person is sentenced to probation
22under this Section and has performed satisfactorily during the
23period in which probation was granted, and any criminal charge
24against that person was discharged and dismissed under this
25Section, the court shall, upon request of the defendant, permit
26the defendant to withdraw the plea of guilty or nolo contendere

 

 

10000SB0031sam001- 38 -LRB100 04996 SLF 23527 a

1and enter a plea of not guilty, and the court shall dismiss the
2complaint or information against the defendant. If court
3records showing the case resolution are no longer available,
4the person's declaration, under penalty of perjury, that the
5charges were dismissed after he or she completed the
6requirements for probation, shall be presumed to be true if the
7person has submitted a copy of his or her state summary
8criminal history information maintained by the Department of
9State Police that either shows that the defendant successfully
10completed the probation or that the record is incomplete in
11that it does not show a final disposition. For purposes of this
12Section, a final disposition means that the state summary
13criminal history information shows either a dismissal after
14completion of the probation or a sentence after termination of
15the probation.
16(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
17    Section 120. The Code of Criminal Procedure of 1963 is
18amended by changing Sections 113-8, 122-1, and 122-2.1 and by
19adding Section 110-5.2 as follows:
 
20    (725 ILCS 5/110-5.2 new)
21    Sec. 110-5.2. An individual subject to an immigration
22detainer or administrative warrant shall not be denied bail
23solely on the basis of that immigration detainer or
24administrative warrant. Nothing in this Section may be

 

 

10000SB0031sam001- 39 -LRB100 04996 SLF 23527 a

1construed to undermine the authority of a court to set bail or
2a bond determination under this Article.
 
3    (725 ILCS 5/113-8)
4    Sec. 113-8. Advisement concerning status as an alien.
5Before the acceptance of a plea of guilty, guilty but mentally
6ill, or nolo contendere to a misdemeanor or felony offense, the
7court shall give the following advisement to the defendant in
8open court:
9    "If you are not a citizen of the United States, you are
10hereby advised that conviction of the offense for which you
11have been charged may have the consequences of deportation,
12exclusion from admission to the United States, or denial of
13naturalization under the laws of the United States.".
14    Nothing in this Section shall be construed to authorize or
15direct any court to request that the defendant state his or her
16immigration or citizenship status, or to require that the
17defendant provide such information.
18(Source: P.A. 93-373, eff. 1-1-04.)
 
19    (725 ILCS 5/122-1)  (from Ch. 38, par. 122-1)
20    Sec. 122-1. Petition in the trial court.
21    (a) Any person convicted or adjudicated delinquent of an
22offense punishable by a sentence of imprisonment or another
23form of detention imprisoned in the penitentiary may institute
24a proceeding under this Article if the person asserts that:

 

 

10000SB0031sam001- 40 -LRB100 04996 SLF 23527 a

1        (1) in the proceedings which resulted in his or her
2    conviction or delinquency adjudication there was a
3    substantial denial of his or her rights under the
4    Constitution of the United States or of the State of
5    Illinois or both; or
6        (2) the death penalty was imposed and there is newly
7    discovered evidence not available to the person at the time
8    of the proceeding that resulted in his or her conviction
9    that establishes a substantial basis to believe that the
10    defendant is actually innocent by clear and convincing
11    evidence.
12    (a-5) A proceeding under paragraph (2) of subsection (a)
13may be commenced within a reasonable period of time after the
14person's conviction or delinquency adjudication
15notwithstanding any other provisions of this Article. In such a
16proceeding regarding actual innocence, if the court determines
17the petition is frivolous or is patently without merit, it
18shall dismiss the petition in a written order, specifying the
19findings of fact and conclusions of law it made in reaching its
20decision. Such order of dismissal is a final judgment and shall
21be served upon the petitioner by certified mail within 10 days
22of its entry.
23    (b) The proceeding shall be commenced by filing with the
24clerk of the court in which the conviction or delinquency
25adjudication took place a petition (together with a copy
26thereof) verified by affidavit. Petitioner shall also serve

 

 

10000SB0031sam001- 41 -LRB100 04996 SLF 23527 a

1another copy upon the State's Attorney by any of the methods
2provided in Rule 7 of the Supreme Court. The clerk shall docket
3the petition for consideration by the court pursuant to Section
4122-2.1 upon his or her receipt thereof and bring the same
5promptly to the attention of the court.
6    (c) Except as otherwise provided in subsection (a-5), if
7the petitioner is under sentence of death and a petition for
8writ of certiorari is filed, no proceedings under this Article
9shall be commenced more than 6 months after the conclusion of
10proceedings in the United States Supreme Court, unless the
11petitioner alleges facts showing that the delay was not due to
12his or her culpable negligence. If a petition for certiorari is
13not filed, no proceedings under this Article shall be commenced
14more than 6 months from the date for filing a certiorari
15petition, unless the petitioner alleges facts showing that the
16delay was not due to his or her culpable negligence.
17    When a defendant has a sentence other than death, no
18proceedings under this Article shall be commenced more than 6
19months after the conclusion of proceedings in the United States
20Supreme Court, unless the petitioner alleges facts showing that
21the delay was not due to his or her culpable negligence. If a
22petition for certiorari is not filed, no proceedings under this
23Article shall be commenced more than 6 months from the date for
24filing a certiorari petition, unless the petitioner alleges
25facts showing that the delay was not due to his or her culpable
26negligence. If a defendant does not file a direct appeal, the

 

 

10000SB0031sam001- 42 -LRB100 04996 SLF 23527 a

1post-conviction petition shall be filed no later than 3 years
2from the date of conviction or delinquency adjudication, unless
3the petitioner alleges facts showing that the delay was not due
4to his or her culpable negligence.
5    This limitation does not apply to a petition advancing a
6claim of actual innocence.
7    (d) A person seeking relief by filing a petition under this
8Section must specify in the petition or its heading that it is
9filed under this Section. A trial court that has received a
10petition complaining of a conviction, delinquency
11adjudication, or sentence that fails to specify in the petition
12or its heading that it is filed under this Section need not
13evaluate the petition to determine whether it could otherwise
14have stated some grounds for relief under this Article.
15    (e) A proceeding under this Article may not be commenced on
16behalf of a defendant who has been sentenced to death without
17the written consent of the defendant, unless the defendant,
18because of a mental or physical condition, is incapable of
19asserting his or her own claim.
20    (f) Only one petition may be filed by a petitioner under
21this Article without leave of the court. The determination as
22to whether to grant leave of court shall be made prior to or
23contemporaneously with any order made under paragraph (2) of
24subsection (a) or subsection (b) of Section 122-2.1 of this
25Article without pleadings from the State. Leave of court may be
26granted only if a petitioner demonstrates:

 

 

10000SB0031sam001- 43 -LRB100 04996 SLF 23527 a

1        (1) cause for his or her failure to bring the claim in
2    his or her initial post-conviction proceedings and
3    prejudice results from that failure; or
4        (2) that there has been a fundamental miscarriage of
5    justice.
6    For purposes of this subsection (f):
7        (1) a petitioner demonstrates prisoner shows cause by
8    adequately pleading that identifying an identified
9    objective factor that impeded his or her ability to raise a
10    specific claim during his or her initial post-conviction
11    proceedings; and
12        (2) a petitioner demonstrates prisoner shows prejudice
13    by adequately pleading demonstrating that the claim not
14    raised during his or her initial post-conviction
15    proceedings so infected the trial that the resulting
16    conviction or sentence violated due process; and
17        (3) a petitioner demonstrates a fundamental
18    miscarriage of justice by adequately pleading that there is
19    newly discovered evidence that establishes a substantial
20    basis to believe that the petitioner is actually innocent
21    by clear and convincing evidence.
22(Source: P.A. 93-493, eff. 1-1-04; 93-605, eff. 11-19-03;
2393-972, eff. 8-20-04.)
 
24    (725 ILCS 5/122-2.1)  (from Ch. 38, par. 122-2.1)
25    Sec. 122-2.1. (a) Within 90 days after the filing and

 

 

10000SB0031sam001- 44 -LRB100 04996 SLF 23527 a

1docketing of each petition, the court shall examine the such
2petition and enter an order thereon under pursuant to this
3Section.
4        (1) If the petitioner is under sentence of death and is
5    without counsel and alleges that he is without means to
6    procure counsel, he shall state whether or not he wishes
7    counsel to be appointed to represent him. If appointment of
8    counsel is so requested, the court shall appoint counsel if
9    satisfied that the petitioner has no means to procure
10    counsel.
11        (2) If the petitioner is sentenced to imprisonment and
12    the court determines the petition is frivolous or is
13    patently without merit, it shall dismiss the petition in a
14    written order, specifying the findings of fact and
15    conclusions of law it made in reaching its decision. This
16    Such order of dismissal is a final judgment and shall be
17    served upon the petitioner by certified mail within 10 days
18    of its entry.
19    (b) If the petition is not dismissed under pursuant to this
20Section, the court shall order the petition to be docketed for
21further consideration in accordance with Sections 122-4
22through 122-6. If the petitioner is under sentence of death,
23the court shall order the petition to be docketed for further
24consideration and hearing within one year of the filing of the
25petition. Continuances may be granted as the court deems
26appropriate.

 

 

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1    (c) In considering a petition under pursuant to this
2Section, the court may examine the court file of the proceeding
3in which the petitioner was convicted, any action taken by an
4appellate court in that such proceeding and any transcripts of
5that such proceeding.
6(Source: P.A. 93-605, eff. 11-19-03.)
 
7    Section 125. The Probation and Probation Officers Act is
8amended by changing Section 12 as follows:
 
9    (730 ILCS 110/12)  (from Ch. 38, par. 204-4)
10    Sec. 12. The duties of probation officers shall be:
11    (1) To investigate as required by Section 5-3-1 of the
12"Unified Code of Corrections", approved July 26, 1972, as
13amended, the case of any person to be placed on probation. Full
14opportunity shall be afforded a probation officer to confer
15with the person under investigation when such person is in
16custody.
17    (2) To notify the court of any previous conviction for
18crime or previous probation of any defendant invoking the
19provisions of this Act.
20    (3) All reports and notifications required in this Act to
21be made by probation officers shall be in writing and shall be
22filed by the clerk in the respective cases.
23    (4) To preserve complete and accurate records of cases
24investigated, including a description of the person

 

 

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1investigated, the action of the court with respect to his case
2and his probation, the subsequent history of such person, if he
3becomes a probationer, during the continuance of his probation,
4which records shall be open to inspection by any judge or by
5any probation officer pursuant to order of court, but shall not
6be a public record, and its contents shall not be divulged
7otherwise than as above provided, except upon order of court;
8provided that nothing in this Section shall be construed to
9require or direct any probation officer to (i) inquire to the
10federal Department of Homeland Security regarding the
11citizenship or immigration status of a person or (ii) provide
12to the federal Department of Homeland Security any personal
13information regarding that person, unless otherwise required
14by law.
15    (5) To take charge of and watch over all persons placed on
16probation under such regulations and for such terms as may be
17prescribed by the court, and giving to each probationer full
18instructions as to the terms of his release upon probation and
19requiring from him such periodical reports as shall keep the
20officer informed as to his conduct.
21    (6) To develop and operate programs of reasonable public or
22community service for any persons ordered by the court to
23perform public or community service, providing, however, that
24no probation officer or any employee of a probation office
25acting in the course of his official duties shall be liable for
26any tortious acts of any person performing public or community

 

 

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1service except for wilful misconduct or gross negligence on the
2part of the probation officer or employee.
3    (7) When any person on probation removes from the county
4where his offense was committed, it shall be the duty of the
5officer under whose care he was placed to report the facts to
6the probation officer in the county to which the probationer
7has removed; and it shall thereupon become the duty of such
8probation officer to take charge of and watch over said
9probationer the same as if the case originated in that county;
10and for that purpose he shall have the same power and authority
11over said probationer as if he had been originally placed in
12said officer's charge; and such officer shall be required to
13report in writing every 6 months, or more frequently upon
14request the results of his supervision to the probation officer
15in whose charge the said probationer was originally placed by
16the court.
17    (8) To authorize travel permits to individuals under their
18supervision unless otherwise ordered by the court.
19    (9) To perform such other duties as are provided for in
20this act or by rules of court and such incidental duties as may
21be implied from those expressly required.
22    (10) To send written notification to a public housing
23agency if a person on probation for a felony who is under the
24supervision of the probation officer informs the probation
25officer that he or she has resided, resides, or will reside at
26an address that is a housing facility owned, managed, operated,

 

 

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1or leased by that public housing agency.
2    (11) If a person on probation for a felony offense who is
3under the supervision of the probation officer becomes a
4resident of a facility licensed or regulated by the Department
5of Public Health, the Illinois Department of Public Aid, or
6Illinois Department of Human Services, the probation officer
7shall within 3 days of the person becoming a resident, notify
8the licensing or regulating Department and licensed or
9regulated facility and shall provide the licensed or regulated
10facility and licensing or regulating Department with copies of
11the following:
12        (a) (blank);
13        (b) any applicable probation orders and corresponding
14    compliance plans;
15        (c) the name and contact information for the assigned
16    probation officer.
17(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
 
18    Section 130. The Probate Act of 1975 is amended by changing
19Section 11-3 as follows:
 
20    (755 ILCS 5/11-3)  (from Ch. 110 1/2, par. 11-3)
21    Sec. 11-3. Who may act as guardian.
22    (a) A person is qualified to act as guardian of the person
23and as guardian of the estate if the court finds that the
24proposed guardian is capable of providing an active and

 

 

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1suitable program of guardianship for the minor and that the
2proposed guardian:
3        (1) has attained the age of 18 years;
4        (2) lives in is a resident of the United States;
5        (3) is not of unsound mind;
6        (4) is not an adjudged person with a disability as
7    defined in this Act; and
8        (5) has not been convicted of a felony, unless the
9    court finds appointment of the person convicted of a felony
10    to be in the minor's best interests, and as part of the
11    best interest determination, the court has considered the
12    nature of the offense, the date of offense, and the
13    evidence of the proposed guardian's rehabilitation. No
14    person shall be appointed who has been convicted of a
15    felony involving harm or threat to a child, including a
16    felony sexual offense.
17One person may be appointed guardian of the person and another
18person appointed guardian of the estate.
19    (b) The Department of Human Services or the Department of
20Children and Family Services may with the approval of the court
21designate one of its employees to serve without fees as
22guardian of the estate of a minor patient in a State mental
23hospital or a resident in a State institution when the value of
24the personal estate does not exceed $1,000.
25(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

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1    Section 135. The Consumer Fraud and Deceptive Business
2Practices Act is amended by changing Section 2AA as follows:
 
3    (815 ILCS 505/2AA)
4    Sec. 2AA. Immigration services.
5    (a) "Immigration matter" means any proceeding, filing, or
6action affecting the nonimmigrant, immigrant or citizenship
7status of any person that arises under immigration and
8naturalization law, executive order or presidential
9proclamation of the United States or any foreign country, or
10that arises under action of the United States Citizenship and
11Immigration Services, the United States Department of Labor, or
12the United States Department of State.
13    "Immigration assistance service" means any information or
14action provided or offered to customers or prospective
15customers related to immigration matters, excluding legal
16advice, recommending a specific course of legal action, or
17providing any other assistance that requires legal analysis,
18legal judgment, or interpretation of the law.
19    "Compensation" means money, property, services, promise of
20payment, or anything else of value.
21    "Employed by" means that a person is on the payroll of the
22employer and the employer deducts from the employee's paycheck
23social security and withholding taxes, or receives
24compensation from the employer on a commission basis or as an
25independent contractor.

 

 

10000SB0031sam001- 51 -LRB100 04996 SLF 23527 a

1    "Reasonable costs" means actual costs or, if actual costs
2cannot be calculated, reasonably estimated costs of such things
3as photocopying, telephone calls, document requests, and
4filing fees for immigration forms, and other nominal costs
5incidental to assistance in an immigration matter.
6    (a-1) The General Assembly finds and declares that private
7individuals who assist persons with immigration matters have a
8significant impact on the ability of their clients to reside
9and work within the United States and to establish and maintain
10stable families and business relationships. The General
11Assembly further finds that that assistance and its impact also
12have a significant effect on the cultural, social, and economic
13life of the State of Illinois and thereby substantially affect
14the public interest. It is the intent of the General Assembly
15to establish rules of practice and conduct for those
16individuals to promote honesty and fair dealing with residents
17and to preserve public confidence.
18    (a-5) The following persons are exempt from this Section,
19provided they prove the exemption by a preponderance of the
20evidence:
21        (1) An attorney licensed to practice law in any state
22    or territory of the United States, or of any foreign
23    country when authorized by the Illinois Supreme Court, to
24    the extent the attorney renders immigration assistance
25    service in the course of his or her practice as an
26    attorney.

 

 

10000SB0031sam001- 52 -LRB100 04996 SLF 23527 a

1        (2) A legal intern, as described by the rules of the
2    Illinois Supreme Court, employed by and under the direct
3    supervision of a licensed attorney and rendering
4    immigration assistance service in the course of the
5    intern's employment.
6        (3) A not-for-profit organization recognized by the
7    Board of Immigration Appeals under 8 C.F.R. 292.2(a) and
8    employees of those organizations accredited under 8 C.F.R.
9    292.2(d).
10        (4) Any organization employing or desiring to employ a
11    documented or undocumented immigrant or nonimmigrant
12    alien, where the organization, its employees or its agents
13    provide advice or assistance in immigration matters to
14    documented or undocumented immigrant or nonimmigrant alien
15    employees or potential employees without compensation from
16    the individuals to whom such advice or assistance is
17    provided.
18    Nothing in this Section shall regulate any business to the
19extent that such regulation is prohibited or preempted by State
20or federal law.
21    All other persons providing or offering to provide
22immigration assistance service shall be subject to this
23Section.
24    (b) Any person who provides or offers to provide
25immigration assistance service may perform only the following
26services:

 

 

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1        (1) Completing a government agency form, requested by
2    the customer and appropriate to the customer's needs, only
3    if the completion of that form does not involve a legal
4    judgment for that particular matter.
5        (2) Transcribing responses to a government agency form
6    which is related to an immigration matter, but not advising
7    a customer as to his or her answers on those forms.
8        (3) Translating information on forms to a customer and
9    translating the customer's answers to questions posed on
10    those forms.
11        (4) Securing for the customer supporting documents
12    currently in existence, such as birth and marriage
13    certificates, which may be needed to be submitted with
14    government agency forms.
15        (5) Translating documents from a foreign language into
16    English.
17        (6) Notarizing signatures on government agency forms,
18    if the person performing the service is a notary public of
19    the State of Illinois.
20        (7) Making referrals, without fee, to attorneys who
21    could undertake legal representation for a person in an
22    immigration matter.
23        (8) Preparing or arranging for the preparation of
24    photographs and fingerprints.
25        (9) Arranging for the performance of medical testing
26    (including X-rays and AIDS tests) and the obtaining of

 

 

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1    reports of such test results.
2        (10) Conducting English language and civics courses.
3        (11) Other services that the Attorney General
4    determines by rule may be appropriately performed by such
5    persons in light of the purposes of this Section.
6    Fees for a notary public, agency, or any other person who
7is not an attorney or an accredited representative filling out
8immigration forms shall be limited to the maximum fees set
9forth in subsections (a) and (b) of Section 3-104 of the Notary
10Public Act (5 ILCS 312/3-104). The maximum fee schedule set
11forth in subsections (a) and (b) of Section 3-104 of the Notary
12Public Act shall apply to any person that provides or offers to
13provide immigration assistance service performing the services
14described therein. The Attorney General may promulgate rules
15establishing maximum fees that may be charged for any services
16not described in that subsection. The maximum fees must be
17reasonable in light of the costs of providing those services
18and the degree of professional skill required to provide the
19services.
20    No person subject to this Act shall charge fees directly or
21indirectly for referring an individual to an attorney or for
22any immigration matter not authorized by this Article, provided
23that a person may charge a fee for notarizing documents as
24permitted by the Illinois Notary Public Act.
25    (c) Any person performing such services shall register with
26the Illinois Attorney General and submit verification of

 

 

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1malpractice insurance or of a surety bond.
2    (d) Except as provided otherwise in this subsection, before
3providing any assistance in an immigration matter a person
4shall provide the customer with a written contract that
5includes the following:
6        (1) An explanation of the services to be performed.
7        (2) Identification of all compensation and costs to be
8    charged to the customer for the services to be performed.
9        (3) A statement that documents submitted in support of
10    an application for nonimmigrant, immigrant, or
11    naturalization status may not be retained by the person for
12    any purpose, including payment of compensation or costs.
13    This subsection does not apply to a not-for-profit
14organization that provides advice or assistance in immigration
15matters to clients without charge beyond a reasonable fee to
16reimburse the organization's or clinic's reasonable costs
17relating to providing immigration services to that client.
18    (e) Any person who provides or offers immigration
19assistance service and is not exempted from this Section, shall
20post signs at his or her place of business, setting forth
21information in English and in every other language in which the
22person provides or offers to provide immigration assistance
23service. Each language shall be on a separate sign. Signs shall
24be posted in a location where the signs will be visible to
25customers. Each sign shall be at least 11 inches by 17 inches,
26and shall contain the following:

 

 

10000SB0031sam001- 56 -LRB100 04996 SLF 23527 a

1        (1) The statement "I AM NOT AN ATTORNEY LICENSED TO
2    PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
3    FOR LEGAL ADVICE."
4        (2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU
5    BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION
6    SERVICE AND THE IMMIGRATION BOARD OF APPEALS."
7        (3) The fee schedule.
8        (4) The statement that "You may cancel any contract
9    within 3 working days and get your money back for services
10    not performed."
11        (5) Additional information the Attorney General may
12    require by rule.
13    Every person engaged in immigration assistance service who
14is not an attorney who advertises immigration assistance
15service in a language other than English, whether by radio,
16television, signs, pamphlets, newspapers, or other written
17communication, with the exception of a single desk plaque,
18shall include in the document, advertisement, stationery,
19letterhead, business card, or other comparable written
20material the following notice in English and the language in
21which the written communication appears. This notice shall be
22of a conspicuous size, if in writing, and shall state: "I AM
23NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY
24NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If such
25advertisement is by radio or television, the statement may be
26modified but must include substantially the same message.

 

 

10000SB0031sam001- 57 -LRB100 04996 SLF 23527 a

1    Any person who provides or offers immigration assistance
2service and is not exempted from this Section shall not, in any
3document, advertisement, stationery, letterhead, business
4card, or other comparable written material, literally
5translate from English into another language terms or titles
6including, but not limited to, notary public, notary, licensed,
7attorney, lawyer, or any other term that implies the person is
8an attorney. To illustrate, the words "notario" and "poder
9notarial" are prohibited under this provision.
10    If not subject to penalties under subsection (a) of Section
113-103 of the Notary Public Act (5 ILCS 312/3-103), violations
12of this subsection shall result in a fine of $1,000. Violations
13shall not preempt or preclude additional appropriate civil or
14criminal penalties.
15    (f) The written contract shall be in both English and in
16the language of the customer.
17    (g) A copy of the contract shall be provided to the
18customer upon the customer's execution of the contract.
19    (h) A customer has the right to rescind a contract within
2072 hours after his or her signing of the contract.
21    (i) Any documents identified in paragraph (3) of subsection
22(c) shall be returned upon demand of the customer.
23    (j) No person engaged in providing immigration services who
24is not exempted under this Section shall do any of the
25following:
26        (1) Make any statement that the person can or will

 

 

10000SB0031sam001- 58 -LRB100 04996 SLF 23527 a

1    obtain special favors from or has special influence with
2    the United States Immigration and Naturalization Service
3    or any other government agency.
4        (2) Retain any compensation for service not performed.
5        (2.5) Accept payment in exchange for providing legal
6    advice or any other assistance that requires legal
7    analysis, legal judgment, or interpretation of the law.
8        (3) Refuse to return documents supplied by, prepared on
9    behalf of, or paid for by the customer upon the request of
10    the customer. These documents must be returned upon request
11    even if there is a fee dispute between the immigration
12    assistant and the customer.
13        (4) Represent or advertise, in connection with the
14    provision assistance in immigration matters, other titles
15    of credentials, including but not limited to "notary
16    public" or "immigration consultant," that could cause a
17    customer to believe that the person possesses special
18    professional skills or is authorized to provide advice on
19    an immigration matter; provided that a notary public
20    appointed by the Illinois Secretary of State may use the
21    term "notary public" if the use is accompanied by the
22    statement that the person is not an attorney; the term
23    "notary public" may not be translated to another language;
24    for example "notario" is prohibited.
25        (5) Provide legal advice, recommend a specific course
26    of legal action, or provide any other assistance that

 

 

10000SB0031sam001- 59 -LRB100 04996 SLF 23527 a

1    requires legal analysis, legal judgment, or interpretation
2    of the law.
3        (6) Make any misrepresentation of false statement,
4    directly or indirectly, to influence, persuade, or induce
5    patronage.
6    (k) (Blank)
7    (l) (Blank)
8    (m) Any person who violates any provision of this Section,
9or the rules and regulations issued under this Section, shall
10be guilty of a Class A misdemeanor for a first offense and a
11Class 3 felony for a second or subsequent offense committed
12within 5 years of a previous conviction for the same offense.
13    Upon his own information or upon the complaint of any
14person, the Attorney General or any State's Attorney, or a
15municipality with a population of more than 1,000,000, may
16maintain an action for injunctive relief and also seek a civil
17penalty not exceeding $50,000 in the circuit court against any
18person who violates any provision of this Section. These
19remedies are in addition to, and not in substitution for, other
20available remedies.
21    Notwithstanding this subsection (m), any If the Attorney
22General or any State's Attorney or a municipality with a
23population of more than 1,000,000 fails to bring an action as
24provided under this Section any person may file a civil action
25to enforce the provisions of this Article and maintain an
26action for injunctive relief, for compensatory damages to

 

 

10000SB0031sam001- 60 -LRB100 04996 SLF 23527 a

1recover prohibited fees, or for such additional relief as may
2be appropriate to deter, prevent, or compensate for the
3violation. In order to deter violations of this Section, courts
4shall not require a showing of the traditional elements for
5equitable relief. A prevailing plaintiff may be awarded 3 times
6the prohibited fees or a minimum of $1,000 in punitive damages,
7attorney's fees, and costs of bringing an action under this
8Section. It is the express intention of the General Assembly
9that remedies for violation of this Section be cumulative.
10    (n) No unit of local government, including any home rule
11unit, shall have the authority to regulate immigration
12assistance services unless such regulations are at least as
13stringent as those contained in this amendatory Act of 1992. It
14is declared to be the law of this State, pursuant to paragraph
15(i) of Section 6 of Article VII of the Illinois Constitution of
161970, that this amendatory Act of 1992 is a limitation on the
17authority of a home rule unit to exercise powers concurrently
18with the State. The limitations of this Section do not apply to
19a home rule unit that has, prior to the effective date of this
20amendatory Act, adopted an ordinance regulating immigration
21assistance services.
22    (o) This Section is severable under Section 1.31 of the
23Statute on Statutes.
24    (p) The Attorney General shall issue rules not inconsistent
25with this Section for the implementation, administration, and
26enforcement of this Section. The rules may provide for the

 

 

10000SB0031sam001- 61 -LRB100 04996 SLF 23527 a

1following:
2        (1) The content, print size, and print style of the
3    signs required under subsection (e). Print sizes and styles
4    may vary from language to language.
5        (2) Standard forms for use in the administration of
6    this Section.
7        (3) Any additional requirements deemed necessary.
8(Source: P.A. 99-679, eff. 1-1-17.)
 
9    Section 997. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
 
11    Section 999. Effective date. This Act takes effect upon
12becoming law.".