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Full Text of SB0031  100th General Assembly

SB0031sam002 100TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 4/4/2017

 

 


 

 


 
10000SB0031sam002LRB100 04996 SLF 24721 a

1
AMENDMENT TO SENATE BILL 31

2    AMENDMENT NO. ______. Amend Senate Bill 31, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Illinois Trust Act.
 
7    Section 5. Legislative intent. It is the intent of the
8General Assembly that this Act shall not be construed as
9providing, expanding, or ratifying the legal authority for any
10State or local law enforcement agency to detain an individual
11on an immigration detainer or administrative warrant, or
12perform any other civil immigration enforcement function.
13State law does not grant State or local law enforcement the
14authority to enforce federal civil immigration laws.
15Interactions between State and local law enforcement and
16federal immigration agents shall be consistent and uniform

 

 

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1throughout the State.
 
2    Section 10. Definitions. In this Act:
3    "Administrative warrant" means an immigration warrant of
4arrest, order to detain or release aliens, notice of custody
5determination, notice to appear, removal order, warrant of
6removal, or any other document issued by an immigration agent
7or immigration judge that can form the basis for an
8individual's arrest or detention for a civil immigration
9enforcement purpose including administrative warrants entered
10into the Federal Bureau of Investigation's National Crime
11Information Center database, or any successor or similar
12database maintained by the United States. "Administrative
13warrant" does not include any warrants issued by a criminal
14court upon a determination of probable cause and in compliance
15with the requirements of the Fourth Amendment to the United
16States Constitution and Article I, Section 6 of the Illinois
17Constitution.
18    "Appropriate personnel" means the personnel of a facility
19listed in subsection (a) of Section 40 of this Act that the
20Department of Human Services has determined by rule to be a
21person of authority for that facility. For a public elementary
22or secondary school, the Department shall deem "appropriate
23personnel" to be the school district's superintendent, in
24consultation with the school district's chief legal counsel.
25For an institution of higher education, the Department shall

 

 

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1deem "appropriate personnel" to be the president or chancellor
2of the institution.
3    "Certification" means any law enforcement certification or
4statement required by federal immigration law including, but
5not limited to, the information required by Section 1184(p) of
6Title 8 of the United States Code (including current United
7States Citizenship and Immigration Service Form I-918,
8Supplement B, or any successor forms) for purposes of obtaining
9a U visa, or by Section 1184(o) of Title 8 of the United States
10Code (including current United States Citizenship and
11Immigration Service Form I-914, Supplement B, or any successor
12forms) for purposes of obtaining a T visa.
13    "Certifying agency" means a State or local law enforcement
14agency, prosecutor, or other authority that has responsibility
15for the detection, investigation, or prosecution of criminal
16activity including an agency that has criminal investigative
17jurisdiction in its respective areas of expertise, and
18specifically includes the Department of Labor, the Department
19of Children and Family Services, the Department of Human
20Services, and the Illinois Workers' Compensation Commission,
21but not including any State court.
22    "Coerce" means to use express or implied threats towards a
23person or family member of a person that attempts to put the
24person in immediate fear of the consequences in order to compel
25that person to act against his or her will.
26    "Contact information" means home address, work address,

 

 

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1telephone number, electronic mail address, social media
2information, or any other personal identifying information
3that could be used as a means to contact an individual.
4    "Eligible for release from custody" means that the
5individual may be released from custody because one of the
6following conditions has occurred:
7        (1) all criminal charges against the individual have
8    been dropped or dismissed;
9        (2) the individual has been acquitted of all criminal
10    charges filed against him or her;
11        (3) the individual has served all the time required for
12    his or her sentence;
13        (4) the individual has posted a bond; or
14        (5) the individual is otherwise eligible for release
15    under State or local law or local policy.
16    "Family member" means a person's (i) mother or father
17(including step), spouse, brother or sister (including blood,
18step, or half), son or daughter (including blood, step, or
19half), father-in- law, mother-in-law, daughter-in-law,
20son-in-law, brother-in-law, sister-in-law, grandparent, or
21grandchild; (ii) court-appointed legal guardian or a person for
22whom the person is a court-appointed legal guardian; or (iii)
23domestic partner or the domestic partner's mother or father
24(including step), brother or sister (including blood, step, or
25half), or son or daughter (including blood, step, or half).
26    "Immigration agent" means an agent of federal Immigration

 

 

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1and Customs Enforcement, federal Customs and Border
2Protection, an individual authorized to conduct enforcement of
3civil immigration laws under Section 1357(g) of Title 8 of the
4United States Code or any other federal law, any other federal
5agent charged with enforcement of civil immigration laws, or
6any successor.
7    "Immigration detainer" means a document issued by an
8immigration agent to a federal, State, or local law enforcement
9agency that requests that the law enforcement agency provide
10notice of release or maintain custody of an individual based on
11an alleged violation of a civil immigration law, including
12detainers issued under Section 287.7 of Title 8 of the United
13States Code or Section 236.1 of Title 8 of the Code of Federal
14Regulations.
15    "Law enforcement agency" means an agency in this State
16charged with enforcement of State, county, or municipal laws or
17with managing custody of detained persons in the State,
18including municipal police departments, sheriff's departments,
19campus police departments, the Department of State Police, and
20the Department of Juvenile Justice.
21    "Law enforcement official" means any officer or other agent
22of a State or local law enforcement agency authorized to
23enforce criminal laws, rules, regulations, or local ordinances
24or to operate jails, correctional facilities, or juvenile
25detention facilities or to maintain custody of individuals in
26jails, correctional facilities, or juvenile detention

 

 

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1facilities.
2    "Qualifying criminal activity" means any activity
3regardless of the stage of detection, investigation, or
4prosecution, involving one or more of the following or any
5similar activity in violation of federal, State, or local
6criminal law: rape; torture; trafficking; incest; domestic
7violence; sexual assault; abusive sexual contact;
8prostitution; sexual exploitation; stalking; female genital
9mutilation; being held hostage; peonage; involuntary
10servitude; slave trade; kidnapping; abduction; unlawful
11criminal restraint; false imprisonment; blackmail; extortion;
12manslaughter; murder; felonious assault; witness tampering;
13obstruction of justice; perjury; fraud in foreign labor
14contracting (as defined in in Section 1351 of Title 18 of the
15United States Code); or attempt, conspiracy, or solicitation to
16commit any of the above mentioned crimes; and any criminal
17activity that has an articulable similarity to any activity
18listed under this definition, but is not specifically listed
19under this definition. Qualifying criminal activity also means
20any qualifying criminal activity that occurs during the
21commission of non-qualifying criminal activity, regardless of
22whether or not criminal prosecution was sought for the
23qualifying criminal activity. There is no statute of
24limitations on the criminal activity which falls under this
25definition.
26    "Verbal abuse" means the use of a remark which is overtly

 

 

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1insulting, mocking, or belittling directed at a person based
2upon the actual or perceived: (1) race, color, sex, religion,
3national origin, English proficiency, sexual orientation, or
4gender identity of that person, or (2) citizenship or
5immigration status of that person or that person's family
6member.
7    "Victim of qualifying criminal activity" means any
8individual who:
9        (1) has reported qualifying criminal activity to a law
10    enforcement agency or certifying agency;
11        (2) has otherwise participated in the detection,
12    investigation, or prosecution of qualifying criminal
13    activity;
14        (3) has suffered direct or proximate harm as a result
15    of the commission of any qualifying criminal activity;
16    including, but not limited to, any indirect victim
17    regardless of the direct victim's immigration or
18    citizenship status, who, in any case in which the direct
19    victim is deceased, incompetent, or incapacitated, is the
20    direct victim's spouse, the direct victim's child under 21
21    years of age, or if the direct victim is under 21 years of
22    age, the direct victim's unmarried sibling under 18 years
23    of age or parent; or
24        (4) was a victim of a severe form of trafficking in
25    persons as defined in Section 7102 of Title 22 of the
26    United States Code and Section 10-9 of the Criminal Code of

 

 

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1    2012.
2    A bystander victim may also be considered as a "victim of
3qualifying criminal activity". More than one victim may be
4identified and provided with certification depending upon the
5circumstances. For purposes of the definition of "victim of
6qualifying criminal activity," the term "incapacitated" means
7unable to interact with law enforcement agency or certifying
8agency personnel as a result of a cognitive impairment or other
9physical limitation, or because of physical restraint or
10disappearance.
 
11    Section 15. Prohibited immigration enforcement activities;
12exceptions.
13    (a) A law enforcement agency or official shall not detain
14or continue to detain any individual solely on the basis of any
15immigration detainer or administrative warrant, or otherwise
16comply with an immigration detainer or administrative warrant
17after that individual becomes eligible for release from
18custody.
19    (b) A law enforcement agency or official shall not stop,
20arrest, search, detain, or continue to detain a person solely
21based on an individual's citizenship or immigration status, an
22administrative warrant, an individual's possession of a
23temporary visitor's driver's license issued by the Secretary of
24State under the Illinois Vehicle Code, or an individual's
25possession of a passport, consular identification document, or

 

 

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1other identification document issued by a foreign government.
2    (c) A law enforcement agency or official shall not inquire
3about the citizenship or immigration status of an individual,
4including a crime victim, a witness, or a person who calls or
5approaches the law enforcement agency or official seeking
6assistance, unless necessary to investigate criminal activity
7by that individual.
8    (d) A law enforcement agency or official shall not request
9or accept a temporary visitor's driver's license issued by the
10Secretary of State under the Illinois Vehicle Code as proof of
11a person's identity. A law enforcement agency or official may
12only request an individual's temporary visitor's driver's
13license to establish that the individual is or is not licensed
14by the State to operate a motor vehicle.
15    (e) A law enforcement agency or official shall not enter
16into an agreement under Section 1357(g) of Title 8 of the
17United States Code or any other federal law that permits State
18or local governmental entities to enforce federal civil
19immigration laws.
20    (f) A law enforcement agency or official shall not
21participate in immigration enforcement operations, including,
22but not limited to, operations to establish traffic perimeters,
23or requests to provide information on persons that may be the
24subject of immigration enforcement operations, except to the
25extent necessary to comply with Sections 1373 and 1644 of Title
268 of the United States Code.

 

 

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1    (g) A law enforcement agency or official shall not:
2        (1) give any immigration agent access to any individual
3    or allow any immigration agent to use law enforcement
4    agency facilities for investigative interviews or other
5    investigative purposes;
6        (2) transfer any person into an immigration agent's
7    custody;
8        (3) permit federal Immigration and Customs Enforcement
9    agents use of agency facilities or equipment, including any
10    agency electronic databases, for investigative interviews
11    or other investigative purpose or for purposes of executing
12    an immigration enforcement operation; or
13        (4) respond to immigration agent inquiries regarding
14    any individual's incarceration status, release date, or
15    contact information except insofar as the agency makes that
16    information available to the public.
17    (h) Notwithstanding any other provision of this Section, if
18an immigration agent presents to a law enforcement official or
19law enforcement agency a valid and properly issued criminal
20warrant related to the investigation or prosecution of any
21criminal offense, including offenses provided for in the laws
22of another state or federal law, or the immigration agent
23otherwise demonstrates that he or she is engaged in the
24investigation or prosecution of a criminal offense, then the
25law enforcement official or law enforcement agency may conduct
26any of the activities listed in this Section or otherwise

 

 

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1communicate or coordinate with an immigration agent solely for
2assisting with that specific purpose. For purposes of this
3subsection (h), "criminal offense" shall not include any
4offense related to immigration status, including, but not
5limited to, a violation of Section 1253, 1304, 1306 (a) or (b),
61325, or 1326 of Title 8 of the United States Code.
7    (i) Nothing in this Section shall be construed to prohibit
8or restrict any entity from sending to, or receiving from, the
9United States Department of Homeland Security information
10regarding the citizenship or immigration status of any
11individual under Sections 1373 and 1644 of Title 8 of the
12United States Code.
13    (j) Subsection (g) of this Section shall not apply to the
14Department of Corrections.
15    (k) Nothing in this Section shall be construed as
16restricting any expenditure or activity necessary to the
17performance by the State, any local unit of government, or any
18law enforcement or other agency, official, employee, or agent
19of any obligations under any contract between the State, the
20local unit of government, or the agency and federal officials
21regarding the use of a facility to detain individuals in
22federal immigration removal proceedings.
 
23    Section 20. Prohibited activities related to immigration
24detention facilities. Notwithstanding subsection (k) of
25Section 15 of this Act, no State, local unit of government, or

 

 

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1agency shall be permitted to contract with a private for-profit
2vendor or contractor for the provision of services, other than
3ancillary services as defined under the Section 3 of Private
4Correctional Facility Moratorium Act, relating to the
5operation or management of a facility to detain individuals in
6federal immigration removal proceedings, or to approve any
7permits, zoning changes, or other measures required for, or to
8otherwise facilitate, the construction, operation, or
9management of a facility.
 
10    Section 25. Other prohibited activities; verbal abuse and
11coercion. A law enforcement agency or law enforcement official
12shall not:
13    (1) coerce any person based upon the person's actual or
14perceived citizenship or immigration status or the actual or
15perceived citizenship or immigration status of the person's
16family member;
17    (2) communicate a threat to deport that person or any
18family member of that person under circumstances that
19reasonably tend to produce a fear that the threat will be
20carried out; or
21    (3) otherwise subject a person to verbal abuse as defined
22by Section 10 of this Act.
 
23    Section 30. Other prohibited activities; registry
24programs. A law enforcement agency or law enforcement official

 

 

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1shall not expend any time, facilities, equipment, information,
2or other resources of the agency or official to facilitate the
3creation, publication, or maintenance of any federal program
4with the purpose of registering or maintaining a database of
5individuals present in the United States based on their race,
6color, ancestry, national origin, or religion, or to facilitate
7the participation in such a program of any residents of the
8jurisdiction served by that agency or official.
 
9    Section 35. Certifications for victims of qualifying
10criminal activity.
11    (a) A certifying agency shall execute any certification
12requested by any victim of qualifying criminal activity as
13defined in Section 10 of this Act or representative of the
14victim including, but not limited to, the victim's attorney,
15accredited representative, or domestic violence service
16provider, within 90 days of receiving the request. If the
17victim seeking certification is in federal immigration removal
18proceedings, then the certifying agency shall execute the
19certification no later than 14 days after the request is
20received by the agency. If the victim's children, parents, or
21siblings will become ineligible for benefits under Sections
221184(p) and 1184(o) of Title 8 of the United States Code by
23virtue of the victim's children having reached the age of 21
24years, the victim having reached the age of 21 years, or the
25victim's sibling having reached the age of 18 years within 90

 

 

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1days from the date that the certifying agency receives the
2certification request, the certifying agency shall execute the
3certification no later than 14 days after the request is
4received by the agency, or if the loss of the benefit would
5occur less than 14 days of receipt of the certification
6request, the agency shall execute a certification within 3
7days. Requests for expedited certification must be
8affirmatively raised by the victim or representative of the
9victim.
10    (b) If a certifying agency fails to certify within the time
11limit under subsection (a) of this Section, or a victim of
12qualifying criminal activity or representative of the victim
13disputes the content of a certification, then the victim of
14qualifying criminal activity may bring an action in circuit
15court to seek certification or amend the certification. The
16court shall award court costs and reasonable attorney's fees to
17any person who brings a proceeding under this subsection (b)
18who prevails. Nothing in this subsection (b) shall limit a
19State judge's authority to execute a certification outside the
20procedures established by this Section.
21    (c) Each certifying agency has independent legal authority
22to issue a certification. The head of each certifying agency,
23or a designated agent who performs a supervisory role within
24the certifying agency, shall perform the following
25responsibilities:
26        (1) respond to requests for certifications as required

 

 

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

 

 

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1qualifying criminal activity is eligible for a U or T visa.
2Completion of a certification by a certifying agency merely
3verifies factual information relevant to the immigration
4benefit sought, including information relevant for federal
5immigration officials to determine eligibility for a U or T
6visa. By completing a certification, the certifying agency
7attests that the information is true and correct to the best of
8the certifying official's knowledge. If after completion of a
9certification, the victim unreasonably refuses to assist in the
10investigation or prosecution of the qualifying criminal
11activity of which he or she is a victim, then the certifying
12agency may notify United States Citizenship and Immigration
13Services in writing.
14    (f) All certifying agencies not subject to the training
15requirements established in Section 10.17-5 of the Illinois
16Police Training Act shall adopt a training program on U and T
17nonimmigrant visas and other remedies for immigrant victims of
18qualifying criminal activity.
19    (g) All certifying agencies shall adopt and implement a
20language access protocol for non-English speaking victims of
21qualifying criminal activity.
 
22    Section 40. Certain State-funded schools and facilities.
23    (a) Absent a judicial warrant or court-ordered subpoena,
24the following entities in this State shall not (1) grant access
25to any immigration agent as defined in Section 10 of this Act

 

 

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1for the sole purpose of the enforcement of federal immigration
2law, or (2) otherwise participate in any immigration
3enforcement operations with federal, State, or local law
4enforcement agencies:
5        (1) State-funded schools, including licensed day care
6    centers, pre-schools, and other early learning programs;
7    elementary and secondary schools, and institutions of
8    higher education.
9        (2) State-funded medical treatment and health care
10    facilities, including hospitals, health clinics, emergency
11    or urgent care facilities, nursing homes, group homes for
12    persons with developmental disabilities,
13    community-integrated living arrangements, and State mental
14    health facilities.
15        (3) Facilities operated by the Office of the Secretary
16    of State.
17        (4) Circuit courts, State appellate courts, or the
18    Supreme Court.
19    (b) Employees of elementary and secondary schools in this
20State and institutions of higher education in this State shall
21not inquire about a student's citizenship or immigration status
22or that of the student's family members, except in cases of
23in-State or in-district tuition verification, scholarships,
24grants, or services that are contingent upon this information.
25State agencies and state-funded medical treatment and health
26care facilities shall not inquire about or request proof of

 

 

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1citizenship or immigration status when providing services or
2benefits, except when the receipt of the services or benefits
3is contingent upon the person's immigration or citizenship
4status or when inquiries are otherwise lawfully required by
5federal, State, or local laws. State agencies and state-funded
6medical treatment and health care facilities shall not collect
7information regarding a person's citizenship or immigration
8status, except as required by federal or State law.
9    (c) Beginning 120 days after the effective date of this
10Act, except as required by federal, State, or local law, no new
11applications, questionnaires, or interview forms used in
12relation to benefits, opportunities, or services provided by a
13State agency or in-State or in-district tuition verification,
14scholarships, grants, or services provided by a public
15elementary or secondary school or public institution of higher
16education may contain any questions regarding citizenship or
17immigration status.
18    (d) The appropriate personnel of a facility listed in
19subsection (a) of this Section shall develop a plan within 90
20days after the effective date of this Act to provide
21assistance, information, and safety to persons who are
22concerned about the government's immigration enforcement
23efforts.
24    (e) Information or documents regarding an individual's
25citizenship or immigration status are confidential
26information. Absent a judicial warrant or court-ordered

 

 

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1subpoena, a school, institution of higher education, State
2agency, state-funded medical treatment or health care facility
3that collects information or documents regarding an
4individual's citizenship or immigration status under federal
5or State law shall not disclose or otherwise make available to
6any person or entity information or documents regarding an
7individual's citizenship or immigration status. Nothing in
8this Section is intended to prevent any entity from exchanging
9aggregated, de-identified information with State, local, or
10federal entities.
11    (f) Nothing in this Section 40 shall be construed to
12prohibit or restrict any entity from sending to, or receiving
13from, the United States Department of Homeland Security
14information regarding the citizenship or immigration status of
15any individual under Sections 1373 and 1644 of Title 8 of the
16United States Code.
 
17    Section 45. Equal access to educational, rehabilitative,
18and diversionary programs in the criminal justice system.
19Neither the Department of Corrections nor any law enforcement
20agency may consider an immigration detainer or administrative
21warrant in determining an individual's eligibility or
22placement in any educational, rehabilitative, or diversionary
23program described in the Unified Code of Corrections or any
24other educational, rehabilitative, or diversionary program
25administered by a law enforcement agency.
 

 

 

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1    Section 50. Compliance Board; oversight.
2    (a) The Governor shall appoint, with the advice and consent
3of the Senate, an Illinois Trust Act Compliance Board within 90
4days after the effective date of this Act. This Board shall
5consist of 13 members, serving terms of 3 years, and the
6members shall elect their chairperson. No more than 7 members
7shall be of the same political party. All appointments shall be
8made in writing and filed with the Secretary of State as a
9public record.
10    (b) The Board shall consist of the following members:
11        (1) one representative of the Governor's office;
12        (2) one representative of the Attorney General's
13    office;
14        (3) one representative of the Illinois Legislative
15    Latino Caucus;
16        (4) one representative of law enforcement from the
17    Chicago Police Department;
18        (5) one representative of law enforcement from Cook
19    County;
20        (6) 2 representatives of law enforcement from outside
21    of Cook County;
22        (7) one representative that advocates for immigrants
23    in the Latino or Hispanic community in this State;
24        (8) one representative that advocates for immigrants
25    in the Asian American community in this State;

 

 

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1        (9) one representative that advocates for immigrants
2    in the African, Arab, or Muslim American community in this
3    State;
4        (10) one representative that advocates for immigrants
5    in this State;
6        (11) 2 representatives that advocate for immigrant
7    victims of domestic violence, sexual assault, or human
8    trafficking in this State;
9    (c) This Board shall be charged with the following
10responsibilities:
11        (1) monitoring compliance with this Act;
12        (2) disseminating information about this Act to
13    affected communities and the general public;
14        (3) establishing mechanisms by which the public can
15    report concerns and recommendations regarding
16    implementation of this Act;
17        (4) identifying implementation issues and other
18    trends, and providing recommendations to the Governor and
19    the Attorney General for addressing these issues;
20        (5) conducting research regarding sharing personally
21    identifiable information between law enforcement agencies
22    and federal Immigration and Customs Enforcement, including
23    but not limited to, research regarding:
24            (A) requests for or investigations involving
25        personally identifiable information by law enforcement
26        agencies and officials;

 

 

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1            (B) sharing of information and data posted in the
2        Illinois Law Enforcement Agencies Database System
3        (LEADS) or any other State administered database to
4        which immigration agents have access;
5            (C) immigration agents' use of the LEADS database
6        or any other State administered database; and
7            (D) the impact of the requests, investigations,
8        and sharing and use of information on relations between
9        law enforcement agencies and immigrant communities;
10        (6) conducting additional research as may be
11    necessary, including, but not limited to, requesting and
12    disseminating data from law enforcement agencies relevant
13    to this Act and this Act's impact on law enforcement
14    agencies, police-community relations, affected
15    communities, and the State overall;
16        (7) publishing a report of its activities no less than
17    once each calendar year; and
18        (8) any other responsibilities relating to this Act as
19    the Board may identify.
 
20    Section 55. Private right of action.
21    (a) Any person may bring an action in State circuit court
22to challenge any law enforcement official or agency for failure
23to fully comply with this Act. If there is a judicial finding
24that a law enforcement official or agency has violated this
25Act, then the court shall order that the law enforcement

 

 

10000SB0031sam002- 23 -LRB100 04996 SLF 24721 a

1official or agency pay a civil penalty of not less than $1,000
2and not more than $5,000 for each instance that the law
3enforcement official or agency has violated this Act.
4    (b) The court shall collect the civil penalty prescribed in
5subsection (a) and remit the civil penalty to the Crime Victim
6Services Division of the Office of the Attorney General for use
7in its programs to assist victims of crime.
8    (c) The court may award court costs and reasonable
9attorney's fees to any person who prevails by an adjudication
10on the merits in a proceeding brought under this Section.
11    (d) Except in relation to matters in which a law
12enforcement officer is adjudged to have acted in bad faith, a
13law enforcement officer shall be indemnified by the law
14enforcement agency for reasonable costs and expenses,
15including attorney's fees, incurred by an officer in connection
16with any action, suit, or proceeding brought under this Section
17in which the officer may be a defendant by reason of the
18officer being or having been a member of the law enforcement
19agency.
 
20    Section 105. The Illinois Notary Public Act is amended by
21changing Section 3-104 as follows:
 
22    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
23    Sec. 3-104. Maximum Fee.
24    (a) Except as provided in subsection (b) of this Section,

 

 

10000SB0031sam002- 24 -LRB100 04996 SLF 24721 a

1the maximum fee in this State is $1.00 for any notarial act
2performed and, until July 1, 2018, up to $25 for any notarial
3act performed pursuant to Section 3-102.
4    (b) Fees for a notary public, agency, or any other person
5who is not an attorney or an accredited representative filling
6out immigration forms shall be limited to the following:
7        (1) $10 per form completion;
8        (2) $10 per page for the translation of a non-English
9    language into English where such translation is required
10    for immigration forms;
11        (3) $1 for notarizing;
12        (4) $3 to execute any procedures necessary to obtain a
13    document required to complete immigration forms; and
14        (5) A maximum of $75 for one complete application.
15    Fees authorized under this subsection shall not include
16application fees required to be submitted with immigration
17applications.
18    Any person who violates the provisions of this subsection
19shall be guilty of a Class A misdemeanor for a first offense
20and a Class 3 felony for a second or subsequent offense
21committed within 5 years of a previous conviction for the same
22offense.
23    (c) Upon his own information or upon complaint of any
24person, the Attorney General or any State's Attorney, or their
25designee, may maintain an action for injunctive relief in the
26court against any notary public or any other person who

 

 

10000SB0031sam002- 25 -LRB100 04996 SLF 24721 a

1violates the provisions of subsection (b) of this Section.
2These remedies are in addition to, and not in substitution for,
3other available remedies.
4    (c-5) Notwithstanding subsection (c) of this Section, any
5person may file a civil action to enforce the provisions of
6this subsection and maintain an action for injunctive relief,
7for compensatory damages to recover prohibited fees, or for
8such additional relief as may be appropriate to deter, prevent,
9or compensate for the violation. In order to deter violations
10of this Section, courts shall not require a showing of the
11traditional elements for equitable relief. A prevailing
12plaintiff may be awarded 3 times the prohibited fees, or a
13minimum of $1,000 in punitive damages, attorney's fees, and
14costs of bringing an action under this Section. It is the
15express intention of the General Assembly that remedies for
16violation of this Section be cumulative. If the Attorney
17General or any State's Attorney fails to bring an action as
18provided pursuant to this subsection within 90 days of receipt
19of a complaint, any person may file a civil action to enforce
20the provisions of this subsection and maintain an action for
21injunctive relief.
22    (d) All notaries public must provide receipts and keep
23records for fees accepted for services provided. Failure to
24provide receipts and keep records that can be presented as
25evidence of no wrongdoing shall be construed as a presumptive
26admission of allegations raised in complaints against the

 

 

10000SB0031sam002- 26 -LRB100 04996 SLF 24721 a

1notary for violations related to accepting prohibited fees.
2(Source: P.A. 98-29, eff. 6-21-13.)
 
3    Section 110. The Illinois Police Training Act is amended by
4adding Section 10.17-5 as follows:
 
5    (50 ILCS 705/10.17-5 new)
6    Sec. 10.17-5. Training program on federal nonimmigrant
7visas. The Board shall conduct or approve a training program on
8U and T nonimmigrant visas and other immigration remedies for
9immigrant victims of qualifying criminal activity as defined in
10Section 10 of the Illinois Trust Act. A law enforcement
11agency's continuing education program shall provide to the head
12of the agency or the head of the agency's designee continuing
13education concerning U and T nonimmigrant visas, and continuing
14education concerning cultural diversity awareness.
 
15    Section 115. The Cannabis Control Act is amended by
16changing Section 10 as follows:
 
17    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
18    Sec. 10. (a) Whenever any person who has not previously
19been convicted of, or placed on probation or court supervision
20for, any offense under this Act or any law of the United States
21or of any State relating to cannabis, or controlled substances
22as defined in the Illinois Controlled Substances Act, pleads

 

 

10000SB0031sam002- 27 -LRB100 04996 SLF 24721 a

1guilty to or is found guilty of violating Sections 4(a), 4(b),
24(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
3entering a judgment and with the consent of such person,
4sentence him to probation.
5    (b) When a person is placed on probation, the court shall
6enter an order specifying a period of probation of 24 months,
7and shall defer further proceedings in the case until the
8conclusion of the period or until the filing of a petition
9alleging violation of a term or condition of probation.
10    (c) The conditions of probation shall be that the person:
11(1) not violate any criminal statute of any jurisdiction; (2)
12refrain from possession of a firearm or other dangerous weapon;
13(3) submit to periodic drug testing at a time and in a manner
14as ordered by the court, but no less than 3 times during the
15period of the probation, with the cost of the testing to be
16paid by the probationer; and (4) perform no less than 30 hours
17of community service, provided community service is available
18in the jurisdiction and is funded and approved by the county
19board.
20    (d) The court may, in addition to other conditions, require
21that the person:
22        (1) make a report to and appear in person before or
23    participate with the court or such courts, person, or
24    social service agency as directed by the court in the order
25    of probation;
26        (2) pay a fine and costs;

 

 

10000SB0031sam002- 28 -LRB100 04996 SLF 24721 a

1        (3) work or pursue a course of study or vocational
2    training;
3        (4) undergo medical or psychiatric treatment; or
4    treatment for drug addiction or alcoholism;
5        (5) attend or reside in a facility established for the
6    instruction or residence of defendants on probation;
7        (6) support his dependents;
8        (7) refrain from possessing a firearm or other
9    dangerous weapon;
10        (7-5) refrain from having in his or her body the
11    presence of any illicit drug prohibited by the Cannabis
12    Control Act, the Illinois Controlled Substances Act, or the
13    Methamphetamine Control and Community Protection Act,
14    unless prescribed by a physician, and submit samples of his
15    or her blood or urine or both for tests to determine the
16    presence of any illicit drug;
17        (8) and in addition, if a minor:
18            (i) reside with his parents or in a foster home;
19            (ii) attend school;
20            (iii) attend a non-residential program for youth;
21            (iv) contribute to his own support at home or in a
22        foster home.
23    (e) Upon violation of a term or condition of probation, the
24court may enter a judgment on its original finding of guilt and
25proceed as otherwise provided.
26    (f) Upon fulfillment of the terms and conditions of

 

 

10000SB0031sam002- 29 -LRB100 04996 SLF 24721 a

1probation, the court shall discharge such person and dismiss
2the proceedings against him.
3    (g) A disposition of probation is considered to be a
4conviction for the purposes of imposing the conditions of
5probation and for appeal, however, discharge and dismissal
6under this Section is not a conviction for purposes of
7disqualification or disabilities imposed by law upon
8conviction of a crime (including the additional penalty imposed
9for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
10of this Act).
11    (h) Discharge and dismissal under this Section, Section 410
12of the Illinois Controlled Substances Act, Section 70 of the
13Methamphetamine Control and Community Protection Act, Section
145-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
15subsection (c) of Section 11-14 of the Criminal Code of 1961 or
16the Criminal Code of 2012 may occur only once with respect to
17any person.
18    (i) If a person is convicted of an offense under this Act,
19the Illinois Controlled Substances Act, or the Methamphetamine
20Control and Community Protection Act within 5 years subsequent
21to a discharge and dismissal under this Section, the discharge
22and dismissal under this Section shall be admissible in the
23sentencing proceeding for that conviction as a factor in
24aggravation.
25    (j) Notwithstanding subsection (a), before a person is
26sentenced to probation under this Section, the court may refer

 

 

10000SB0031sam002- 30 -LRB100 04996 SLF 24721 a

1the person to the drug court established in that judicial
2circuit pursuant to Section 15 of the Drug Court Treatment Act.
3The drug court team shall evaluate the person's likelihood of
4successfully completing a sentence of probation under this
5Section and shall report the results of its evaluation to the
6court. If the drug court team finds that the person suffers
7from a substance abuse problem that makes him or her
8substantially unlikely to successfully complete a sentence of
9probation under this Section, then the drug court shall set
10forth its findings in the form of a written order, and the
11person shall not be sentenced to probation under this Section,
12but may be considered for the drug court program.
13    (k) In any case in which a person is sentenced to probation
14under this Section and has performed satisfactorily during the
15period in which probation was granted, and any criminal charge
16against that person was discharged and dismissed under this
17Section, the court shall, upon request of the defendant, permit
18the defendant to withdraw the plea of guilty or nolo contendere
19and enter a plea of not guilty, and the court shall dismiss the
20complaint or information against the defendant. If court
21records showing the case resolution are no longer available,
22the person's declaration, under penalty of perjury, that the
23charges were dismissed after he or she completed the
24requirements for probation, shall be presumed to be true if the
25person has submitted a copy of his or her state summary
26criminal history information maintained by the Department of

 

 

10000SB0031sam002- 31 -LRB100 04996 SLF 24721 a

1State Police that either shows that the defendant successfully
2completed the probation or that the record is incomplete in
3that it does not show a final disposition. For purposes of this
4Section, a final disposition means that the state summary
5criminal history information shows either a dismissal after
6completion of the probation or a sentence after termination of
7the probation.
8(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
9    Section 120. The Illinois Controlled Substances Act is
10amended by changing Section 410 as follows:
 
11    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
12    Sec. 410. (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,
16pleads guilty to or is found guilty of possession of a
17controlled or counterfeit substance under subsection (c) of
18Section 402 or of unauthorized possession of prescription form
19under Section 406.2, the court, without entering a judgment and
20with the consent of such person, may sentence him or her to
21probation.
22    (b) When a person is placed on probation, the court shall
23enter an order specifying a period of probation of 24 months
24and shall defer further proceedings in the case until the

 

 

10000SB0031sam002- 32 -LRB100 04996 SLF 24721 a

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

 

 

10000SB0031sam002- 33 -LRB100 04996 SLF 24721 a

1        (6) support his or her dependents;
2        (6-5) 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        (7) and in addition, if a minor:
10            (i) reside with his or her parents or in a foster
11        home;
12            (ii) attend school;
13            (iii) attend a non-residential program for youth;
14            (iv) contribute to his or her own support at home
15        or in a foster home.
16    (e) Upon violation of a term or condition of probation, the
17court may enter a judgment on its original finding of guilt and
18proceed as otherwise provided.
19    (f) Upon fulfillment of the terms and conditions of
20probation, the court shall discharge the person and dismiss the
21proceedings against him or her.
22    (g) A disposition of probation is considered to be a
23conviction for the purposes of imposing the conditions of
24probation and for appeal, however, discharge and dismissal
25under this Section is not a conviction for purposes of this Act
26or for purposes of disqualifications or disabilities imposed by

 

 

10000SB0031sam002- 34 -LRB100 04996 SLF 24721 a

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

 

 

10000SB0031sam002- 35 -LRB100 04996 SLF 24721 a

1person shall not be sentenced to probation under this Section,
2but may be considered for the drug court program.
3    (k) In any case in which a person is sentenced to probation
4under this Section and has performed satisfactorily during the
5period in which probation was granted, and any criminal charge
6against that person was discharged and dismissed under this
7Section, the court shall, upon request of the defendant, permit
8the defendant to withdraw the plea of guilty or nolo contendere
9and enter a plea of not guilty, and the court shall dismiss the
10complaint or information against the defendant. If court
11records showing the case resolution are no longer available,
12the person's declaration, under penalty of perjury, that the
13charges were dismissed after he or she completed the
14requirements for probation, shall be presumed to be true if the
15person has submitted a copy of his or her state summary
16criminal history information maintained by the Department of
17State Police that either shows that the defendant successfully
18completed the probation or that the record is incomplete in
19that it does not show a final disposition. For purposes of this
20Section, a final disposition means that the state summary
21criminal history information shows either a dismissal after
22completion of the probation or a sentence after termination of
23the probation.
24(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
25    Section 125. The Code of Criminal Procedure of 1963 is

 

 

10000SB0031sam002- 36 -LRB100 04996 SLF 24721 a

1amended by changing Sections 113-8, 122-1, and 122-2.1 and by
2adding Section 110-5.2 as follows:
 
3    (725 ILCS 5/110-5.2 new)
4    Sec. 110-5.2. An individual subject to an immigration
5detainer or administrative warrant shall not be denied bail
6solely on the basis of that immigration detainer or
7administrative warrant. Nothing in this Section may be
8construed to undermine the authority of a court to set bail or
9a bond determination under this Article.
 
10    (725 ILCS 5/113-8)
11    Sec. 113-8. Advisement concerning status as an alien.
12Before the acceptance of a plea of guilty, guilty but mentally
13ill, or nolo contendere to a misdemeanor or felony offense, the
14court shall give the following advisement to the defendant in
15open court:
16    "If you are not a citizen of the United States, you are
17hereby advised that conviction of the offense for which you
18have been charged may have the consequences of deportation,
19exclusion from admission to the United States, or denial of
20naturalization under the laws of the United States.".
21    Nothing in this Section shall be construed to authorize or
22direct any court to request that the defendant state his or her
23immigration or citizenship status, or to require that the
24defendant provide such information.

 

 

10000SB0031sam002- 37 -LRB100 04996 SLF 24721 a

1(Source: P.A. 93-373, eff. 1-1-04.)
 
2    (725 ILCS 5/122-1)  (from Ch. 38, par. 122-1)
3    Sec. 122-1. Petition in the trial court.
4    (a) Any person convicted or adjudicated delinquent of an
5offense punishable by a sentence of imprisonment or another
6form of detention imprisoned in the penitentiary may institute
7a proceeding under this Article if the person asserts that:
8        (1) in the proceedings which resulted in his or her
9    conviction or delinquency adjudication there was a
10    substantial denial of his or her rights under the
11    Constitution of the United States or of the State of
12    Illinois or both; or
13        (2) the death penalty was imposed and there is newly
14    discovered evidence not available to the person at the time
15    of the proceeding that resulted in his or her conviction
16    that establishes a substantial basis to believe that the
17    defendant is actually innocent by clear and convincing
18    evidence.
19    (a-5) A proceeding under paragraph (2) of subsection (a)
20may be commenced within a reasonable period of time after the
21person's conviction or delinquency adjudication
22notwithstanding any other provisions of this Article. In such a
23proceeding regarding actual innocence, if the court determines
24the petition is frivolous or is patently without merit, it
25shall dismiss the petition in a written order, specifying the

 

 

10000SB0031sam002- 38 -LRB100 04996 SLF 24721 a

1findings of fact and conclusions of law it made in reaching its
2decision. Such order of dismissal is a final judgment and shall
3be served upon the petitioner by certified mail within 10 days
4of its entry.
5    (b) The proceeding shall be commenced by filing with the
6clerk of the court in which the conviction or delinquency
7adjudication took place a petition (together with a copy
8thereof) verified by affidavit. Petitioner shall also serve
9another copy upon the State's Attorney by any of the methods
10provided in Rule 7 of the Supreme Court. The clerk shall docket
11the petition for consideration by the court pursuant to Section
12122-2.1 upon his or her receipt thereof and bring the same
13promptly to the attention of the court.
14    (c) Except as otherwise provided in subsection (a-5), if
15the petitioner is under sentence of death and a petition for
16writ of certiorari is filed, no proceedings under this Article
17shall be commenced more than 6 months after the conclusion of
18proceedings in the United States Supreme Court, unless the
19petitioner alleges facts showing that the delay was not due to
20his or her culpable negligence. If a petition for certiorari is
21not filed, no proceedings under this Article shall be commenced
22more than 6 months from the date for filing a certiorari
23petition, unless the petitioner alleges facts showing that the
24delay was not due to his or her culpable negligence.
25    When a defendant has a sentence other than death, no
26proceedings under this Article shall be commenced more than 6

 

 

10000SB0031sam002- 39 -LRB100 04996 SLF 24721 a

1months after the conclusion of proceedings in the United States
2Supreme Court, unless the petitioner alleges facts showing that
3the delay was not due to his or her culpable negligence. If a
4petition for certiorari is not filed, no proceedings under this
5Article shall be commenced more than 6 months from the date for
6filing a certiorari petition, unless the petitioner alleges
7facts showing that the delay was not due to his or her culpable
8negligence. If a defendant does not file a direct appeal, the
9post-conviction petition shall be filed no later than 3 years
10from the date of conviction or delinquency adjudication, unless
11the petitioner alleges facts showing that the delay was not due
12to his or her culpable negligence.
13    This limitation does not apply to a petition advancing a
14claim of actual innocence.
15    (d) A person seeking relief by filing a petition under this
16Section must specify in the petition or its heading that it is
17filed under this Section. A trial court that has received a
18petition complaining of a conviction, delinquency
19adjudication, or sentence that fails to specify in the petition
20or its heading that it is filed under this Section need not
21evaluate the petition to determine whether it could otherwise
22have stated some grounds for relief under this Article.
23    (e) A proceeding under this Article may not be commenced on
24behalf of a defendant who has been sentenced to death without
25the written consent of the defendant, unless the defendant,
26because of a mental or physical condition, is incapable of

 

 

10000SB0031sam002- 40 -LRB100 04996 SLF 24721 a

1asserting his or her own claim.
2    (f) Only one petition may be filed by a petitioner under
3this Article without leave of the court. The determination as
4to whether to grant leave of court shall be made prior to or
5contemporaneously with any order made under paragraph (2) of
6subsection (a) or subsection (b) of Section 122-2.1 of this
7Article without pleadings from the State. Leave of court may be
8granted only if a petitioner demonstrates:
9        (1) cause for his or her failure to bring the claim in
10    his or her initial post-conviction proceedings and
11    prejudice results from that failure; or
12        (2) that there has been a fundamental miscarriage of
13    justice.
14    For purposes of this subsection (f):
15        (1) a petitioner demonstrates prisoner shows cause by
16    adequately pleading that identifying an identified
17    objective factor that impeded his or her ability to raise a
18    specific claim during his or her initial post-conviction
19    proceedings; and
20        (2) a petitioner demonstrates prisoner shows prejudice
21    by adequately pleading demonstrating that the claim not
22    raised during his or her initial post-conviction
23    proceedings so infected the trial that the resulting
24    conviction or sentence violated due process; and
25        (3) a petitioner demonstrates a fundamental
26    miscarriage of justice by adequately pleading that there is

 

 

10000SB0031sam002- 41 -LRB100 04996 SLF 24721 a

1    newly discovered evidence that establishes a substantial
2    basis to believe that the petitioner is actually innocent
3    by clear and convincing evidence.
4(Source: P.A. 93-493, eff. 1-1-04; 93-605, eff. 11-19-03;
593-972, eff. 8-20-04.)
 
6    (725 ILCS 5/122-2.1)  (from Ch. 38, par. 122-2.1)
7    Sec. 122-2.1. (a) Within 90 days after the filing and
8docketing of each petition, the court shall examine the such
9petition and enter an order thereon under pursuant to this
10Section.
11        (1) If the petitioner is under sentence of death and is
12    without counsel and alleges that he is without means to
13    procure counsel, he shall state whether or not he wishes
14    counsel to be appointed to represent him. If appointment of
15    counsel is so requested, the court shall appoint counsel if
16    satisfied that the petitioner has no means to procure
17    counsel.
18        (2) If the petitioner is sentenced to imprisonment and
19    the court determines the petition is frivolous or is
20    patently without merit, it shall dismiss the petition in a
21    written order, specifying the findings of fact and
22    conclusions of law it made in reaching its decision. This
23    Such order of dismissal is a final judgment and shall be
24    served upon the petitioner by certified mail within 10 days
25    of its entry.

 

 

10000SB0031sam002- 42 -LRB100 04996 SLF 24721 a

1    (b) If the petition is not dismissed under pursuant to this
2Section, the court shall order the petition to be docketed for
3further consideration in accordance with Sections 122-4
4through 122-6. If the petitioner is under sentence of death,
5the court shall order the petition to be docketed for further
6consideration and hearing within one year of the filing of the
7petition. Continuances may be granted as the court deems
8appropriate.
9    (c) In considering a petition under pursuant to this
10Section, the court may examine the court file of the proceeding
11in which the petitioner was convicted, any action taken by an
12appellate court in that such proceeding and any transcripts of
13that such proceeding.
14(Source: P.A. 93-605, eff. 11-19-03.)
 
15    Section 130. The Probation and Probation Officers Act is
16amended by changing Section 12 as follows:
 
17    (730 ILCS 110/12)  (from Ch. 38, par. 204-4)
18    Sec. 12. The duties of probation officers shall be:
19    (1) To investigate as required by Section 5-3-1 of the
20"Unified Code of Corrections", approved July 26, 1972, as
21amended, the case of any person to be placed on probation. Full
22opportunity shall be afforded a probation officer to confer
23with the person under investigation when such person is in
24custody.

 

 

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1    (2) To notify the court of any previous conviction for
2crime or previous probation of any defendant invoking the
3provisions of this Act.
4    (3) All reports and notifications required in this Act to
5be made by probation officers shall be in writing and shall be
6filed by the clerk in the respective cases.
7    (4) To preserve complete and accurate records of cases
8investigated, including a description of the person
9investigated, the action of the court with respect to his case
10and his probation, the subsequent history of such person, if he
11becomes a probationer, during the continuance of his probation,
12which records shall be open to inspection by any judge or by
13any probation officer pursuant to order of court, but shall not
14be a public record, and its contents shall not be divulged
15otherwise than as above provided, except upon order of court;
16provided that nothing in this Section shall be construed to
17require or direct any probation officer to (A) inquire to the
18United States Department of Homeland Security regarding the
19citizenship or immigration status of a person or (B) provide to
20the United States Department of Homeland Security any personal
21information regarding that person, unless otherwise required
22by law.
23    (5) To take charge of and watch over all persons placed on
24probation under such regulations and for such terms as may be
25prescribed by the court, and giving to each probationer full
26instructions as to the terms of his release upon probation and

 

 

10000SB0031sam002- 44 -LRB100 04996 SLF 24721 a

1requiring from him such periodical reports as shall keep the
2officer informed as to his conduct.
3    (6) To develop and operate programs of reasonable public or
4community service for any persons ordered by the court to
5perform public or community service, providing, however, that
6no probation officer or any employee of a probation office
7acting in the course of his official duties shall be liable for
8any tortious acts of any person performing public or community
9service except for wilful misconduct or gross negligence on the
10part of the probation officer or employee.
11    (7) When any person on probation removes from the county
12where his offense was committed, it shall be the duty of the
13officer under whose care he was placed to report the facts to
14the probation officer in the county to which the probationer
15has removed; and it shall thereupon become the duty of such
16probation officer to take charge of and watch over said
17probationer the same as if the case originated in that county;
18and for that purpose he shall have the same power and authority
19over said probationer as if he had been originally placed in
20said officer's charge; and such officer shall be required to
21report in writing every 6 months, or more frequently upon
22request the results of his supervision to the probation officer
23in whose charge the said probationer was originally placed by
24the court.
25    (8) To authorize travel permits to individuals under their
26supervision unless otherwise ordered by the court.

 

 

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1    (9) To perform such other duties as are provided for in
2this act or by rules of court and such incidental duties as may
3be implied from those expressly required.
4    (10) To send written notification to a public housing
5agency if a person on probation for a felony who is under the
6supervision of the probation officer informs the probation
7officer that he or she has resided, resides, or will reside at
8an address that is a housing facility owned, managed, operated,
9or leased by that public housing agency.
10    (11) If a person on probation for a felony offense who is
11under the supervision of the probation officer becomes a
12resident of a facility licensed or regulated by the Department
13of Public Health, the Illinois Department of Public Aid, or
14Illinois Department of Human Services, the probation officer
15shall within 3 days of the person becoming a resident, notify
16the licensing or regulating Department and licensed or
17regulated facility and shall provide the licensed or regulated
18facility and licensing or regulating Department with copies of
19the following:
20        (a) (blank);
21        (b) any applicable probation orders and corresponding
22    compliance plans;
23        (c) the name and contact information for the assigned
24    probation officer.
25(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
 

 

 

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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.

 

 

10000SB0031sam002- 47 -LRB100 04996 SLF 24721 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.

 

 

10000SB0031sam002- 48 -LRB100 04996 SLF 24721 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:

 

 

10000SB0031sam002- 49 -LRB100 04996 SLF 24721 a

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

 

 

10000SB0031sam002- 50 -LRB100 04996 SLF 24721 a

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

 

 

10000SB0031sam002- 51 -LRB100 04996 SLF 24721 a

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:

 

 

10000SB0031sam002- 52 -LRB100 04996 SLF 24721 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.

 

 

10000SB0031sam002- 53 -LRB100 04996 SLF 24721 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

 

 

10000SB0031sam002- 54 -LRB100 04996 SLF 24721 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

 

 

10000SB0031sam002- 55 -LRB100 04996 SLF 24721 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

 

 

10000SB0031sam002- 56 -LRB100 04996 SLF 24721 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

 

 

10000SB0031sam002- 57 -LRB100 04996 SLF 24721 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.".