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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 2. The Election Code is amended by changing | ||||||
5 | Section 11-8 as follows: | ||||||
6 | (10 ILCS 5/11-8) | ||||||
7 | (Section scheduled to be repealed on January 1, 2023) | ||||||
8 | Sec. 11-8. Vote centers. | ||||||
9 | (a) Notwithstanding any law to the contrary, election
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10 | authorities shall establish at least one location to be | ||||||
11 | located at an
office of the election authority or in the | ||||||
12 | largest municipality
within its jurisdiction where all voters | ||||||
13 | in its jurisdiction
are allowed to vote on election day during | ||||||
14 | polling place hours,
regardless of the precinct in which they | ||||||
15 | are registered. An
election authority establishing such a | ||||||
16 | location under this Section shall identify the location and | ||||||
17 | any health and safety requirements by the 40th day
preceding | ||||||
18 | the 2022 general primary election and the 2022 general | ||||||
19 | election and certify such to the
State Board of Elections. | ||||||
20 | (b) This Section is repealed on July January 1, 2023.
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21 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.) | ||||||
22 | Section 3. The Civil Administrative Code of Illinois is |
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1 | amended by changing Section 5-565 as follows:
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2 | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
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3 | Sec. 5-565. In the Department of Public Health.
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4 | (a) The General Assembly declares it to be the public | ||||||
5 | policy of this
State that all residents of Illinois are | ||||||
6 | entitled to lead healthy lives.
Governmental public health has | ||||||
7 | a specific responsibility to ensure that a
public health | ||||||
8 | system is in place to allow the public health mission to be | ||||||
9 | achieved. The public health system is the collection of | ||||||
10 | public, private, and voluntary entities as well as individuals | ||||||
11 | and informal associations that contribute to the public's | ||||||
12 | health within the State. To
develop a public health system | ||||||
13 | requires certain core functions to be performed by
government. | ||||||
14 | The State Board of Health is to assume the leadership role in
| ||||||
15 | advising the Director in meeting the following functions:
| ||||||
16 | (1) Needs assessment.
| ||||||
17 | (2) Statewide health objectives.
| ||||||
18 | (3) Policy development.
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19 | (4) Assurance of access to necessary services.
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20 | There shall be a State Board of Health composed of 20 | ||||||
21 | persons,
all of
whom shall be appointed by the Governor, with | ||||||
22 | the advice and consent of the
Senate for those appointed by the | ||||||
23 | Governor on and after June 30, 1998,
and one of whom shall be a
| ||||||
24 | senior citizen age 60 or over. Five members shall be | ||||||
25 | physicians licensed
to practice medicine in all its branches, |
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1 | one representing a medical school
faculty, one who is board | ||||||
2 | certified in preventive medicine, and one who is
engaged in | ||||||
3 | private practice. One member shall be a chiropractic | ||||||
4 | physician. One member shall be a dentist; one an
environmental | ||||||
5 | health practitioner; one a local public health administrator;
| ||||||
6 | one a local board of health member; one a registered nurse; one | ||||||
7 | a physical therapist; one an optometrist; one a
veterinarian; | ||||||
8 | one a public health academician; one a health care industry
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9 | representative; one a representative of the business | ||||||
10 | community; one a representative of the non-profit public | ||||||
11 | interest community; and 2 shall be citizens at large.
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12 | The terms of Board of Health members shall be 3 years, | ||||||
13 | except that members shall continue to serve on the Board of | ||||||
14 | Health until a replacement is appointed. Upon the effective | ||||||
15 | date of Public Act 93-975 (January 1, 2005), in the | ||||||
16 | appointment of the Board of Health members appointed to | ||||||
17 | vacancies or positions with terms expiring on or before | ||||||
18 | December 31, 2004, the Governor shall appoint up to 6 members | ||||||
19 | to serve for terms of 3 years; up to 6 members to serve for | ||||||
20 | terms of 2 years; and up to 5 members to serve for a term of | ||||||
21 | one year, so that the term of no more than 6 members expire in | ||||||
22 | the same year.
All members shall
be legal residents of the | ||||||
23 | State of Illinois. The duties of the Board shall
include, but | ||||||
24 | not be limited to, the following:
| ||||||
25 | (1) To advise the Department of ways to encourage | ||||||
26 | public understanding
and support of the Department's |
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1 | programs.
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2 | (2) To evaluate all boards, councils, committees, | ||||||
3 | authorities, and
bodies
advisory to, or an adjunct of, the | ||||||
4 | Department of Public Health or its
Director for the | ||||||
5 | purpose of recommending to the Director one or
more of the | ||||||
6 | following:
| ||||||
7 | (i) The elimination of bodies whose activities
are | ||||||
8 | not consistent with goals and objectives of the | ||||||
9 | Department.
| ||||||
10 | (ii) The consolidation of bodies whose activities | ||||||
11 | encompass
compatible programmatic subjects.
| ||||||
12 | (iii) The restructuring of the relationship | ||||||
13 | between the various
bodies and their integration | ||||||
14 | within the organizational structure of the
Department.
| ||||||
15 | (iv) The establishment of new bodies deemed | ||||||
16 | essential to the
functioning of the Department.
| ||||||
17 | (3) To serve as an advisory group to the Director for
| ||||||
18 | public health emergencies and
control of health hazards.
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19 | (4) To advise the Director regarding public health | ||||||
20 | policy,
and to make health policy recommendations | ||||||
21 | regarding priorities to the
Governor through the Director.
| ||||||
22 | (5) To present public health issues to the Director | ||||||
23 | and to make
recommendations for the resolution of those | ||||||
24 | issues.
| ||||||
25 | (6) To recommend studies to delineate public health | ||||||
26 | problems.
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1 | (7) To make recommendations to the Governor through | ||||||
2 | the Director
regarding the coordination of State public | ||||||
3 | health activities with other
State and local public health | ||||||
4 | agencies and organizations.
| ||||||
5 | (8) To report on or before February 1 of each year on | ||||||
6 | the health of the
residents of Illinois to the Governor, | ||||||
7 | the General Assembly, and the
public.
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8 | (9) To review the final draft of all proposed | ||||||
9 | administrative rules,
other than emergency or peremptory | ||||||
10 | rules and those rules that another
advisory body must | ||||||
11 | approve or review within a statutorily defined time
| ||||||
12 | period, of the Department after September 19, 1991 (the | ||||||
13 | effective date of
Public Act
87-633). The Board shall | ||||||
14 | review the proposed rules within 90
days of
submission by | ||||||
15 | the Department. The Department shall take into | ||||||
16 | consideration
any comments and recommendations of the | ||||||
17 | Board regarding the proposed rules
prior to submission to | ||||||
18 | the Secretary of State for initial publication. If
the | ||||||
19 | Department disagrees with the recommendations of the | ||||||
20 | Board, it shall
submit a written response outlining the | ||||||
21 | reasons for not accepting the
recommendations.
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22 | In the case of proposed administrative rules or | ||||||
23 | amendments to
administrative
rules regarding immunization | ||||||
24 | of children against preventable communicable
diseases | ||||||
25 | designated by the Director under the Communicable Disease | ||||||
26 | Prevention
Act, after the Immunization Advisory Committee |
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1 | has made its
recommendations, the Board shall conduct 3 | ||||||
2 | public hearings, geographically
distributed
throughout the | ||||||
3 | State. At the conclusion of the hearings, the State Board | ||||||
4 | of
Health shall issue a report, including its | ||||||
5 | recommendations, to the Director.
The Director shall take | ||||||
6 | into consideration any comments or recommendations made
by | ||||||
7 | the Board based on these hearings.
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8 | (10) To deliver to the Governor for presentation to | ||||||
9 | the General Assembly a State Health Assessment (SHA) and a | ||||||
10 | State Health Improvement Plan (SHIP). The first 5 such | ||||||
11 | plans shall be delivered to the Governor on January 1, | ||||||
12 | 2006, January 1, 2009, January 1, 2016, January 1, 2021, | ||||||
13 | and December 31, 2023 2022 , and then every 5 years | ||||||
14 | thereafter. | ||||||
15 | The State Health Assessment and State Health | ||||||
16 | Improvement Plan shall assess and recommend priorities and | ||||||
17 | strategies to improve the public health system and , the | ||||||
18 | health status of Illinois residents, reduce health | ||||||
19 | disparities and inequities, and promote health equity. The | ||||||
20 | State Health Assessment and State Health Improvement Plan | ||||||
21 | development and implementation shall conform to national | ||||||
22 | Public Health Accreditation Board Standards. The State | ||||||
23 | Health Assessment and State Health Improvement Plan | ||||||
24 | development and implementation process shall be carried | ||||||
25 | out with the administrative and operational support of the | ||||||
26 | Department of Public Health. |
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1 | The State Health Assessment shall include | ||||||
2 | comprehensive, broad-based data and information from a | ||||||
3 | variety of sources on health status and the public health | ||||||
4 | system including: | ||||||
5 | (i) quantitative data, if it is available, on the | ||||||
6 | demographics and health status of the population, | ||||||
7 | including data over time on health by gender identity, | ||||||
8 | sexual orientation, race, ethnicity, age, | ||||||
9 | socio-economic factors, geographic region, disability | ||||||
10 | status, and other indicators of disparity; | ||||||
11 | (ii) quantitative data on social and structural | ||||||
12 | issues affecting health (social and structural | ||||||
13 | determinants of health), including, but not limited | ||||||
14 | to, housing, transportation, educational attainment, | ||||||
15 | employment, and income inequality; | ||||||
16 | (iii) priorities and strategies developed at the | ||||||
17 | community level through the Illinois Project for Local | ||||||
18 | Assessment of Needs (IPLAN) and other local and | ||||||
19 | regional community health needs assessments; | ||||||
20 | (iv) qualitative data representing the | ||||||
21 | population's input on health concerns and well-being, | ||||||
22 | including the perceptions of people experiencing | ||||||
23 | disparities and health inequities; | ||||||
24 | (v) information on health disparities and health | ||||||
25 | inequities; and | ||||||
26 | (vi) information on public health system strengths |
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1 | and areas for improvement. | ||||||
2 | The State Health Improvement Plan shall focus on | ||||||
3 | prevention, social determinants of health, and promoting | ||||||
4 | health equity as key strategies for long-term health | ||||||
5 | improvement in Illinois. | ||||||
6 | The State Health Improvement Plan shall identify | ||||||
7 | priority State health issues and social issues affecting | ||||||
8 | health, and shall examine and make recommendations on the | ||||||
9 | contributions and strategies of the public and private | ||||||
10 | sectors for improving health status and the public health | ||||||
11 | system in the State. In addition to recommendations on | ||||||
12 | health status improvement priorities and strategies for | ||||||
13 | the population of the State as a whole, the State Health | ||||||
14 | Improvement Plan shall make recommendations, provided that | ||||||
15 | data exists to support such recommendations, regarding | ||||||
16 | priorities and strategies for reducing and eliminating | ||||||
17 | health disparities and health inequities in Illinois; | ||||||
18 | including racial, ethnic, gender identification, sexual | ||||||
19 | orientation, age, disability, socio-economic, and | ||||||
20 | geographic disparities. The State Health Improvement Plan | ||||||
21 | shall make recommendations regarding social determinants | ||||||
22 | of health, such as housing, transportation, educational | ||||||
23 | attainment, employment, and income inequality. | ||||||
24 | The development and implementation of the State Health | ||||||
25 | Assessment and State Health Improvement Plan shall be a | ||||||
26 | collaborative public-private cross-agency effort overseen |
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1 | by the SHA and SHIP Partnership. The Director of Public | ||||||
2 | Health shall consult with the Governor to ensure | ||||||
3 | participation by the head of State agencies with public | ||||||
4 | health responsibilities (or their designees) in the SHA | ||||||
5 | and SHIP Partnership, including, but not limited to, the | ||||||
6 | Department of Public Health, the Department of Human | ||||||
7 | Services, the Department of Healthcare and Family | ||||||
8 | Services, the Department of Children and Family Services, | ||||||
9 | the Environmental Protection Agency, the Illinois State | ||||||
10 | Board of Education, the Department on Aging, the Illinois | ||||||
11 | Housing Development Authority, the Illinois Criminal | ||||||
12 | Justice Information Authority, the Department of | ||||||
13 | Agriculture, the Department of Transportation, the | ||||||
14 | Department of Corrections, the Department of Commerce and | ||||||
15 | Economic Opportunity, and the Chair of the State Board of | ||||||
16 | Health to also serve on the Partnership. A member of the | ||||||
17 | Governor's staff shall participate in the Partnership and | ||||||
18 | serve as a liaison to the Governor's office. | ||||||
19 | The Director of Public Health shall appoint a minimum | ||||||
20 | of 15 other members of the SHA and SHIP Partnership | ||||||
21 | representing a range of public, private, and voluntary | ||||||
22 | sector stakeholders and participants in the public health | ||||||
23 | system. For the first SHA and SHIP Partnership after April | ||||||
24 | 27, 2021 ( the effective date of Public Act 102-4) this | ||||||
25 | amendatory Act of the 102nd General Assembly , one-half of | ||||||
26 | the members shall be appointed for a 3-year term, and |
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1 | one-half of the members shall be appointed for a 5-year | ||||||
2 | term. Subsequently, members shall be appointed to 5-year | ||||||
3 | terms. Should any member not be able to fulfill his or her | ||||||
4 | term, the Director may appoint a replacement to complete | ||||||
5 | that term. The Director, in consultation with the SHA and | ||||||
6 | SHIP Partnership, may engage additional individuals and | ||||||
7 | organizations to serve on subcommittees and ad hoc efforts | ||||||
8 | to conduct the State Health Assessment and develop and | ||||||
9 | implement the State Health Improvement Plan. Members of | ||||||
10 | the SHA and SHIP Partnership shall receive no compensation | ||||||
11 | for serving as members, but may be reimbursed for their | ||||||
12 | necessary expenses if departmental resources allow. | ||||||
13 | The SHA and SHIP Partnership shall include : | ||||||
14 | representatives of local health departments and | ||||||
15 | individuals with expertise who represent an array of | ||||||
16 | organizations and constituencies engaged in public health | ||||||
17 | improvement and prevention, such as non-profit public | ||||||
18 | interest groups, groups serving populations that | ||||||
19 | experience health disparities and health inequities, | ||||||
20 | groups addressing social determinants of health, health | ||||||
21 | issue groups, faith community groups, health care | ||||||
22 | providers, businesses and employers, academic | ||||||
23 | institutions, and community-based organizations. | ||||||
24 | The Director shall endeavor to make the membership of | ||||||
25 | the Partnership diverse and inclusive of the racial, | ||||||
26 | ethnic, gender, socio-economic, and geographic diversity |
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1 | of the State. The SHA and SHIP Partnership shall be | ||||||
2 | chaired by the Director of Public Health or his or her | ||||||
3 | designee. | ||||||
4 | The SHA and SHIP Partnership shall develop and | ||||||
5 | implement a community engagement process that facilitates | ||||||
6 | input into the development of the State Health Assessment | ||||||
7 | and State Health Improvement Plan. This engagement process | ||||||
8 | shall ensure that individuals with lived experience in the | ||||||
9 | issues addressed in the State Health Assessment and State | ||||||
10 | Health Improvement Plan are meaningfully engaged in the | ||||||
11 | development and implementation of the State Health | ||||||
12 | Assessment and State Health Improvement Plan. | ||||||
13 | The State Board of Health shall hold at least 3 public | ||||||
14 | hearings addressing a draft of the State Health | ||||||
15 | Improvement Plan in representative geographic areas of the | ||||||
16 | State.
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17 | Upon the delivery of each State Health Assessment and | ||||||
18 | State Health Improvement Plan, the SHA and SHIP | ||||||
19 | Partnership shall coordinate the efforts and engagement of | ||||||
20 | the public, private, and voluntary sector stakeholders and | ||||||
21 | participants in the public health system to implement each | ||||||
22 | SHIP. The Partnership shall serve as a forum for | ||||||
23 | collaborative action; coordinate existing and new | ||||||
24 | initiatives; develop detailed implementation steps, with | ||||||
25 | mechanisms for action; implement specific projects; | ||||||
26 | identify public and private funding sources at the local, |
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1 | State and federal level; promote public awareness of the | ||||||
2 | SHIP; and advocate for the implementation of the SHIP. The | ||||||
3 | SHA and SHIP Partnership shall implement strategies to | ||||||
4 | ensure that individuals and communities affected by health | ||||||
5 | disparities and health inequities are engaged in the | ||||||
6 | process throughout the 5-year cycle. The SHA and SHIP | ||||||
7 | Partnership shall regularly evaluate and update the State | ||||||
8 | Health Assessment and track implementation of the State | ||||||
9 | Health Improvement Plan with revisions as necessary. The | ||||||
10 | SHA and SHIP Partnership shall not have the authority to | ||||||
11 | direct any public or private entity to take specific | ||||||
12 | action to implement the SHIP. | ||||||
13 | The State Board of Health shall submit a report by | ||||||
14 | January 31 of each year on the status of State Health | ||||||
15 | Improvement Plan implementation and community engagement | ||||||
16 | activities to the Governor, General Assembly, and public. | ||||||
17 | In the fifth year, the report may be consolidated into the | ||||||
18 | new State Health Assessment and State Health Improvement | ||||||
19 | Plan. | ||||||
20 | (11) Upon the request of the Governor, to recommend to | ||||||
21 | the Governor
candidates for Director of Public Health when | ||||||
22 | vacancies occur in the position.
| ||||||
23 | (12) To adopt bylaws for the conduct of its own | ||||||
24 | business, including the
authority to establish ad hoc | ||||||
25 | committees to address specific public health
programs | ||||||
26 | requiring resolution.
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1 | (13) (Blank). | ||||||
2 | Upon appointment, the Board shall elect a chairperson from | ||||||
3 | among its
members.
| ||||||
4 | Members of the Board shall receive compensation for their | ||||||
5 | services at the
rate of $150 per day, not to exceed $10,000 per | ||||||
6 | year, as designated by the
Director for each day required for | ||||||
7 | transacting the business of the Board
and shall be reimbursed | ||||||
8 | for necessary expenses incurred in the performance
of their | ||||||
9 | duties. The Board shall meet from time to time at the call of | ||||||
10 | the
Department, at the call of the chairperson, or upon the | ||||||
11 | request of 3 of its
members, but shall not meet less than 4 | ||||||
12 | times per year.
| ||||||
13 | (b) (Blank).
| ||||||
14 | (c) An Advisory Board on Necropsy Service to Coroners , | ||||||
15 | which shall
counsel and advise with the Director on the | ||||||
16 | administration of the Autopsy
Act. The Advisory Board shall | ||||||
17 | consist of 11 members, including
a senior citizen age 60 or | ||||||
18 | over, appointed by the Governor, one of
whom shall be | ||||||
19 | designated as chairman by a majority of the members of the
| ||||||
20 | Board. In the appointment of the first Board the Governor | ||||||
21 | shall appoint 3
members to serve for terms of one 1 year, 3 for | ||||||
22 | terms of 2 years, and 3 for
terms of 3 years. The members first | ||||||
23 | appointed under Public Act 83-1538 shall serve for a term of 3 | ||||||
24 | years. All members appointed thereafter
shall be appointed for | ||||||
25 | terms of 3 years, except that when an
appointment is made
to | ||||||
26 | fill a vacancy, the appointment shall be for the remaining
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1 | term of the position vacant. The members of the Board shall be | ||||||
2 | citizens of
the State of Illinois. In the appointment of | ||||||
3 | members of the Advisory Board ,
the Governor shall appoint 3 | ||||||
4 | members who shall be persons licensed to
practice medicine and | ||||||
5 | surgery in the State of Illinois, at least 2 of whom
shall have | ||||||
6 | received post-graduate training in the field of pathology; 3
| ||||||
7 | members who are duly elected coroners in this State; and 5 | ||||||
8 | members who
shall have interest and abilities in the field of | ||||||
9 | forensic medicine but who
shall be neither persons licensed to | ||||||
10 | practice any branch of medicine in
this State nor coroners. In | ||||||
11 | the appointment of medical and coroner members
of the Board, | ||||||
12 | the Governor shall invite nominations from recognized medical
| ||||||
13 | and coroners organizations in this State respectively. Board | ||||||
14 | members, while
serving on business of the Board, shall receive | ||||||
15 | actual necessary travel and
subsistence expenses while so | ||||||
16 | serving away from their places of residence.
| ||||||
17 | (Source: P.A. 102-4, eff. 4-27-21; 102-558, eff. 8-20-21; | ||||||
18 | 102-674, eff. 11-30-21; revised 6-7-22.)
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19 | Section 5. The Department of Commerce and Economic | ||||||
20 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
21 | is amended by changing Section 605-1045.1 as follows: | ||||||
22 | (20 ILCS 605/605-1045.1) | ||||||
23 | (Section scheduled to be repealed on January 1, 2023) | ||||||
24 | Sec. 605-1045.1. Restore Illinois Collaborative |
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| |||||||
1 | Commission. The General Assembly finds and declares that this | ||||||
2 | amendatory Act of the 102nd General Assembly manifests the | ||||||
3 | intention of the General Assembly to extend the repeal of | ||||||
4 | Section 605-1045. Section 605-1045 as enacted and reenacted in | ||||||
5 | this Section shall be deemed to have been in continuous effect | ||||||
6 | since June 12, 2020 and it shall continue to be in effect | ||||||
7 | henceforward until it is otherwise lawfully repealed. All | ||||||
8 | previously enacted amendments to this Section taking effect on | ||||||
9 | or after June 12, 2020, are hereby validated. All actions | ||||||
10 | taken in reliance on the continuing effect of Section 605-1045 | ||||||
11 | by any person or entity are hereby validated. In order to | ||||||
12 | ensure the continuing effectiveness of this Section, it is set | ||||||
13 | forth in full and reenacted by this amendatory Act of the 102nd | ||||||
14 | General Assembly. This reenactment is intended as a | ||||||
15 | continuation of this Section. It is not intended to supersede | ||||||
16 | any amendment to this Section that is enacted by the 102nd | ||||||
17 | General Assembly. | ||||||
18 | (a) The General Assembly hereby finds and declares that | ||||||
19 | the State is confronted with a public health crisis that has | ||||||
20 | created unprecedented challenges for the State's diverse | ||||||
21 | economic base. In light of this crisis, and the heightened | ||||||
22 | need for collaboration between the legislative and executive | ||||||
23 | branches, the General Assembly hereby establishes the Restore | ||||||
24 | Illinois Collaborative Commission. The members of the | ||||||
25 | Commission will participate in and provide input on plans to | ||||||
26 | revive the various sectors of the State's economy in the wake |
| |||||||
| |||||||
1 | of the COVID-19 pandemic. | ||||||
2 | (b) The Department may request meetings be convened to | ||||||
3 | address revitalization efforts for the various sectors of the | ||||||
4 | State's economy. Such meetings may include public | ||||||
5 | participation as determined by the Commission. | ||||||
6 | (c) The Department shall provide a written report to the | ||||||
7 | Commission and the General Assembly not less than every 30 | ||||||
8 | days regarding the status of current and proposed | ||||||
9 | revitalization efforts. The written report shall include | ||||||
10 | applicable metrics that demonstrate progress on recovery | ||||||
11 | efforts, as well as any additional information as requested by | ||||||
12 | the Commission. The first report shall be delivered by July 1, | ||||||
13 | 2020. The reports to the General Assembly shall be delivered | ||||||
14 | to all members, in addition to complying with the requirements | ||||||
15 | of Section 3.1 of the General Assembly Organization Act. | ||||||
16 | (d) The Restore Illinois Collaborative Commission shall | ||||||
17 | consist of 14 members, appointed as follows: | ||||||
18 | (1) four members of the House of Representatives | ||||||
19 | appointed by the Speaker of the House of Representatives; | ||||||
20 | (2) four members of the Senate appointed by the Senate | ||||||
21 | President; | ||||||
22 | (3) three members of the House of Representatives | ||||||
23 | appointed by the Minority Leader of the House of | ||||||
24 | Representatives; and | ||||||
25 | (4) three members of the Senate appointed by the | ||||||
26 | Senate Minority Leader. |
| |||||||
| |||||||
1 | (e) The Speaker of the House of Representatives and the | ||||||
2 | Senate President shall each appoint one member of the | ||||||
3 | Commission to serve as a Co-Chair. The Co-Chairs may convene | ||||||
4 | meetings of the Commission. The members of the Commission | ||||||
5 | shall serve without compensation. | ||||||
6 | (f) This Section is repealed January 1, 2024 2023 .
| ||||||
7 | (Source: P.A. 102-577, eff. 8-24-21.) | ||||||
8 | Section 10. The Illinois Power Agency Act is amended by | ||||||
9 | changing Section 1-130 as follows: | ||||||
10 | (20 ILCS 3855/1-130) | ||||||
11 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
12 | Sec. 1-130. Home rule preemption. | ||||||
13 | (a) The authorization to impose any new taxes or fees | ||||||
14 | specifically related to the generation of electricity by, the | ||||||
15 | capacity to generate electricity by, or the emissions into the | ||||||
16 | atmosphere by electric generating facilities after the | ||||||
17 | effective date of this Act is an exclusive power and function | ||||||
18 | of the State. A home rule unit may not levy any new taxes or | ||||||
19 | fees specifically related to the generation of electricity by, | ||||||
20 | the capacity to generate electricity by, or the emissions into | ||||||
21 | the atmosphere by electric generating facilities after the | ||||||
22 | effective date of this Act. This Section is a denial and | ||||||
23 | limitation on home rule powers and functions under subsection | ||||||
24 | (g) of Section 6 of Article VII of the Illinois Constitution. |
| |||||||
| |||||||
1 | (b) This Section is repealed on January 1, 2024 2023 .
| ||||||
2 | (Source: P.A. 101-639, eff. 6-12-20; 102-671, eff. 11-30-21.) | ||||||
3 | Section 15. The Illinois Immigrant Impact Task Force Act | ||||||
4 | is amended by changing Sections 5 and 10 as follows: | ||||||
5 | (20 ILCS 5156/5) | ||||||
6 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
7 | Sec. 5. Illinois Immigrant Impact Task Force.
| ||||||
8 | (a) There is hereby established the Illinois Immigrant | ||||||
9 | Impact Task Force.
| ||||||
10 | (b) The Task Force shall consist of 27 members appointed | ||||||
11 | as follows:
| ||||||
12 | (1) one member appointed by the President of the | ||||||
13 | Senate;
| ||||||
14 | (2) one member appointed by the Speaker of the House | ||||||
15 | of Representatives;
| ||||||
16 | (3) one member appointed by the Minority Leader of the | ||||||
17 | Senate;
| ||||||
18 | (4) one member appointed by the Minority Leader of the | ||||||
19 | House of Representatives;
| ||||||
20 | (5) one representative of the Governor's Office;
| ||||||
21 | (6) one representative of the Governor's Office of | ||||||
22 | Management and Budget;
| ||||||
23 | (7) one representative of the Lieutenant Governor's | ||||||
24 | Office;
|
| |||||||
| |||||||
1 | (8) the Executive Director of the Illinois Housing | ||||||
2 | Development Authority or his or her designee;
| ||||||
3 | (9) the Secretary of Human Services or his or her | ||||||
4 | designee;
| ||||||
5 | (10) the Director on Aging or his or her designee;
| ||||||
6 | (11) the Director of Commerce and Economic Opportunity | ||||||
7 | or his or her designee;
| ||||||
8 | (12) the Director of Children and Family Services or | ||||||
9 | his or her designee;
| ||||||
10 | (13) the Director of Public Health or his or her | ||||||
11 | designee;
| ||||||
12 | (14) the Director of Healthcare and Family Services or | ||||||
13 | his or her designee;
| ||||||
14 | (15) the Director of Human Rights or his or her | ||||||
15 | designee;
| ||||||
16 | (16) the Director of Employment Security or his or her | ||||||
17 | designee; | ||||||
18 | (17) the Director of Juvenile Justice or his or her | ||||||
19 | designee; | ||||||
20 | (18) the Director of Corrections or his or her | ||||||
21 | designee; | ||||||
22 | (19) the Executive Director of the Illinois Criminal | ||||||
23 | Justice Information Authority or his or her designee; | ||||||
24 | (20) the Chairman of the State Board of Education or | ||||||
25 | his or her designee; | ||||||
26 | (21) the Chairman of the Board of Higher Education or |
| |||||||
| |||||||
1 | his or her designee; | ||||||
2 | (22) the Chairman of the Illinois Community College | ||||||
3 | Board or his or her designee; and | ||||||
4 | (23) five representatives from organizations offering | ||||||
5 | aid or services to immigrants, appointed by the Governor. | ||||||
6 | (c) The Task Force shall convene as soon as practicable | ||||||
7 | after the effective date of this Act, and shall hold at least 6 | ||||||
8 | meetings. Members of the Task Force shall serve without | ||||||
9 | compensation. The Department of Human Services, in | ||||||
10 | consultation with any other State agency relevant to the issue | ||||||
11 | of immigration in this State, shall provide administrative and | ||||||
12 | other support to the Task Force.
| ||||||
13 | (d) The Task Force shall examine the following issues:
| ||||||
14 | (1) what the State of Illinois is currently doing to | ||||||
15 | proactively help immigrant communities in this State, | ||||||
16 | including whether such persons are receiving help to | ||||||
17 | become citizens, receiving help to become business owners, | ||||||
18 | and receiving aid for educational purposes;
| ||||||
19 | (2) what can the State do going forward to improve | ||||||
20 | relations between the State and immigrant communities in | ||||||
21 | this State;
| ||||||
22 | (3) what is the status of immigrant communities from | ||||||
23 | urban, suburban, and rural areas of this State, and | ||||||
24 | whether adequate support and resources have been provided | ||||||
25 | to these communities;
| ||||||
26 | (4) the extent to which immigrants in this State are |
| |||||||
| |||||||
1 | being discriminated against;
| ||||||
2 | (5) whether the laws specifically intended to benefit | ||||||
3 | immigrant populations in this State are actually having a | ||||||
4 | beneficial effect; | ||||||
5 | (6) the practices and procedures of the federal | ||||||
6 | Immigration and Customs Enforcement agency within this | ||||||
7 | State; | ||||||
8 | (7) the use and condition of detention centers in this | ||||||
9 | State; | ||||||
10 | (8) all contracts in Illinois entered into with United | ||||||
11 | States Immigration and Customs Enforcement, including | ||||||
12 | contracts with private detention centers, the Illinois | ||||||
13 | State Police, and the Secretary of State's Office, | ||||||
14 | Division of Motor Vehicles; | ||||||
15 | (9) the impact of the COVID-19 pandemic on immigrant | ||||||
16 | communities, including health impact rates,
employment | ||||||
17 | rates, housing, small businesses, and community | ||||||
18 | development; | ||||||
19 | (10) the disbursement of funds received by different | ||||||
20 | agencies that went to immigrant
communities; | ||||||
21 | (11) language access programs and their impact on | ||||||
22 | helping immigrant communities better
interact with State | ||||||
23 | agencies, and whether existing language access programs | ||||||
24 | are effective in helping immigrant communities interact | ||||||
25 | with the State. The Task Force shall also examine whether | ||||||
26 | all
State agencies provide language access for non-English |
| |||||||
| |||||||
1 | speakers, and which agencies and
in what regions of the | ||||||
2 | State is there a lack of language access that creates | ||||||
3 | barriers for non-English dominant speakers from accessing | ||||||
4 | support from the State; | ||||||
5 | (12) the extent to which disparities in access to | ||||||
6 | technology exist in immigrant communities and whether they | ||||||
7 | lead to educational, financial, and other disadvantages; | ||||||
8 | and | ||||||
9 | (13) the extent to which State programs intended for | ||||||
10 | vulnerable populations such as victims of trafficking, | ||||||
11 | crime, and abuse are being implemented or need to be | ||||||
12 | implemented. | ||||||
13 | (e) The Task Force shall report its findings and | ||||||
14 | recommendations based upon its examination of issues under | ||||||
15 | subsection (d) to the Governor and the General Assembly on or | ||||||
16 | before April 30, 2023 December 31, 2022 .
| ||||||
17 | (Source: P.A. 102-236, eff. 8-2-21; 102-1071, eff. 6-10-22.) | ||||||
18 | (20 ILCS 5156/10) | ||||||
19 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
20 | Sec. 10. Repeal. This Act is repealed on May 1 January 1 , | ||||||
21 | 2023.
| ||||||
22 | (Source: P.A. 102-236, eff. 8-2-21.) | ||||||
23 | Section 20. The Special Commission on Gynecologic Cancers | ||||||
24 | Act is amended by changing Section 100-90 as follows: |
| |||||||
| |||||||
1 | (20 ILCS 5170/100-90) | ||||||
2 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
3 | Sec. 100-90. Repeal. This Article is repealed on January | ||||||
4 | 1, 2028 2023 .
| ||||||
5 | (Source: P.A. 102-4, eff. 4-27-21.) | ||||||
6 | Section 25. The Community Emergency Services and Support | ||||||
7 | Act is amended by changing Section 65 as follows: | ||||||
8 | (50 ILCS 754/65)
| ||||||
9 | Sec. 65. PSAP and emergency service dispatched through a | ||||||
10 | 9-1-1 PSAP; coordination of activities with mobile and | ||||||
11 | behavioral health services. Each 9-1-1 PSAP and emergency | ||||||
12 | service dispatched through a 9-1-1 PSAP must begin | ||||||
13 | coordinating its activities with the mobile mental and | ||||||
14 | behavioral health services established by the Division of | ||||||
15 | Mental Health once all 3 of the following conditions are met, | ||||||
16 | but not later than July January 1, 2023: | ||||||
17 | (1) the Statewide Committee has negotiated useful | ||||||
18 | protocol and 9-1-1 operator script adjustments with the | ||||||
19 | contracted services providing these tools to 9-1-1 PSAPs | ||||||
20 | operating in Illinois; | ||||||
21 | (2) the appropriate Regional Advisory Committee has | ||||||
22 | completed design of the specific 9-1-1 PSAP's process for | ||||||
23 | coordinating activities with the mobile mental and |
| |||||||
| |||||||
1 | behavioral health service; and | ||||||
2 | (3) the mobile mental and behavioral health service is | ||||||
3 | available in their jurisdiction.
| ||||||
4 | (Source: P.A. 102-580, eff. 1-1-22 .) | ||||||
5 | Section 30. The Developmental Disability and Mental | ||||||
6 | Disability Services Act is amended by changing Section 7A-1 as | ||||||
7 | follows: | ||||||
8 | (405 ILCS 80/7A-1) | ||||||
9 | (Section scheduled to be repealed on January 1, 2023) | ||||||
10 | Sec. 7A-1. Diversion from Facility-based Care Pilot | ||||||
11 | Program. | ||||||
12 | (a) The purposes of this Article are to: | ||||||
13 | (1) decrease the number of admissions to | ||||||
14 | State-operated facilities; | ||||||
15 | (2) address the needs of individuals receiving Home | ||||||
16 | and Community Based Services (HCBS) with intellectual | ||||||
17 | disabilities or developmental disabilities who are at risk | ||||||
18 | of facility-based care due to significant behavioral | ||||||
19 | challenges, some with a dual diagnosis of mental illness, | ||||||
20 | by providing a community-based residential alternative to | ||||||
21 | facility-based care consistent with their individual | ||||||
22 | plans, and to transition these individuals back to a | ||||||
23 | traditional community-integrated living arrangement or | ||||||
24 | other HCBS community setting program; |
| |||||||
| |||||||
1 | (3) create greater capacity within the short-term | ||||||
2 | stabilization homes by allowing individuals who need an | ||||||
3 | extended period of treatment to transfer to a long-term | ||||||
4 | stabilization home; | ||||||
5 | (4) stabilize the existing community-integrated living | ||||||
6 | arrangement homes where the presence of individuals with | ||||||
7 | complex behavioral challenges is disruptive to their | ||||||
8 | housemates; and | ||||||
9 | (5) add support services to enhance community service | ||||||
10 | providers who serve individuals with significant | ||||||
11 | behavioral challenges. | ||||||
12 | (b) Subject to appropriation or the availability of other | ||||||
13 | funds for these purposes at the discretion of the Department, | ||||||
14 | the Department shall establish the Diversion from | ||||||
15 | Facility-based Care Pilot Program consisting of at least 6 | ||||||
16 | homes in various locations in this State in accordance with | ||||||
17 | this Article and the following model: | ||||||
18 | (1) the Diversion from Facility-based Care Model shall | ||||||
19 | serve individuals with intellectual disabilities or | ||||||
20 | developmental disabilities who are currently receiving | ||||||
21 | HCBS services and are at risk of facility-based care due | ||||||
22 | to significant behavioral challenges, some with a dual | ||||||
23 | diagnosis of mental illness, for a period ranging from one | ||||||
24 | to 2 years, or longer if appropriate for the individual; | ||||||
25 | (2) the Program shall be regulated in accordance with | ||||||
26 | the community-integrated living arrangement guidelines; |
| |||||||
| |||||||
1 | (3) each home shall support no more than 4 residents, | ||||||
2 | each having his or her own bedroom; | ||||||
3 | (4) if, at any point, an individual, his or her | ||||||
4 | guardian, or family caregivers, in conjunction with the | ||||||
5 | provider and clinical staff, believe the individual is | ||||||
6 | capable of participating in a HCBS service, those | ||||||
7 | opportunities shall be offered as they become available; | ||||||
8 | and | ||||||
9 | (5) providers shall have adequate resources, | ||||||
10 | experience, and qualifications to serve the population | ||||||
11 | target by the Program, as determined by the Department; | ||||||
12 | (6) participating Program providers and the Department | ||||||
13 | shall participate in an ongoing collaborative whereby best | ||||||
14 | practices and treatment experiences would be shared and | ||||||
15 | utilized; | ||||||
16 | (7) home locations shall be proposed by the provider | ||||||
17 | in collaboration with other community stakeholders; | ||||||
18 | (8) The Department, in collaboration with | ||||||
19 | participating providers, by rule shall develop data | ||||||
20 | collection and reporting requirements for participating | ||||||
21 | community service providers. Beginning December 31, 2020 | ||||||
22 | the Department shall submit an annual report | ||||||
23 | electronically to the General Assembly and Governor that | ||||||
24 | outlines the progress and effectiveness of the pilot | ||||||
25 | program. The report to the General Assembly shall be filed | ||||||
26 | with the Clerk of the House of Representatives and the |
| |||||||
| |||||||
1 | Secretary of the Senate in electronic form only, in the | ||||||
2 | manner that the Clerk and the Secretary shall direct; | ||||||
3 | (9) the staffing model shall allow for a high level of | ||||||
4 | community integration and engagement and family | ||||||
5 | involvement; and | ||||||
6 | (10) appropriate day services, staff training | ||||||
7 | priorities, and home modifications shall be incorporated | ||||||
8 | into the Program model, as allowed by HCBS authorization. | ||||||
9 | (c) This Section is repealed on January 1, 2025 2023 .
| ||||||
10 | (Source: P.A. 100-924, eff. 7-1-19 .) | ||||||
11 | Section 40. The Transportation Network Providers Act is | ||||||
12 | amended by changing Section 34 as follows: | ||||||
13 | (625 ILCS 57/34) | ||||||
14 | (Section scheduled to be repealed on January 1, 2023) | ||||||
15 | Sec. 34. Repeal. This Act is repealed on September January | ||||||
16 | 1, 2023.
| ||||||
17 | (Source: P.A. 101-639, eff. 6-12-20. Reenacted by P.A. | ||||||
18 | 101-660, eff. 4-2-21. P.A. 102-7, eff. 5-28-21.) | ||||||
19 | Section 45. The Unified Code of Corrections is amended by | ||||||
20 | changing Sections 5-4.5-110 and 5-6-3.6 as follows: | ||||||
21 | (730 ILCS 5/5-4.5-110) | ||||||
22 | (Section scheduled to be repealed on January 1, 2023) |
| |||||||
| |||||||
1 | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH | ||||||
2 | PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | ||||||
3 | (a) DEFINITIONS. For the purposes of this Section: | ||||||
4 | "Firearm" has the meaning ascribed to it in Section | ||||||
5 | 1.1 of the Firearm Owners Identification Card Act. | ||||||
6 | "Qualifying predicate offense" means the following | ||||||
7 | offenses under the Criminal Code of 2012: | ||||||
8 | (A) aggravated unlawful use of a weapon under | ||||||
9 | Section 24-1.6 or similar offense under the Criminal | ||||||
10 | Code of 1961, when the weapon is a firearm; | ||||||
11 | (B) unlawful use or possession of a weapon by a | ||||||
12 | felon under Section 24-1.1 or similar offense under | ||||||
13 | the Criminal Code of 1961, when the
weapon is a | ||||||
14 | firearm; | ||||||
15 | (C) first degree murder under Section 9-1 or | ||||||
16 | similar offense under the Criminal Code of 1961; | ||||||
17 | (D) attempted first degree murder with a firearm | ||||||
18 | or similar offense under the Criminal Code of 1961; | ||||||
19 | (E) aggravated kidnapping with a firearm under | ||||||
20 | paragraph (6) or (7) of subsection (a) of Section 10-2 | ||||||
21 | or similar offense under the Criminal Code of 1961; | ||||||
22 | (F) aggravated battery with a firearm under | ||||||
23 | subsection (e) of Section 12-3.05 or similar offense | ||||||
24 | under the Criminal Code of 1961; | ||||||
25 | (G) aggravated criminal sexual assault under | ||||||
26 | Section 11-1.30 or similar offense under the Criminal |
| |||||||
| |||||||
1 | Code of 1961; | ||||||
2 | (H) predatory criminal sexual assault of a child | ||||||
3 | under Section 11-1.40 or similar offense under the | ||||||
4 | Criminal Code of 1961; | ||||||
5 | (I) armed robbery under Section 18-2 or similar | ||||||
6 | offense under the Criminal Code of 1961; | ||||||
7 | (J) vehicular hijacking under Section 18-3 or | ||||||
8 | similar offense under the Criminal Code of 1961; | ||||||
9 | (K) aggravated vehicular hijacking under Section | ||||||
10 | 18-4 or similar offense under the Criminal Code of | ||||||
11 | 1961; | ||||||
12 | (L) home invasion with a firearm under paragraph | ||||||
13 | (3), (4), or (5) of subsection (a) of Section 19-6 or | ||||||
14 | similar offense under the Criminal Code of 1961; | ||||||
15 | (M) aggravated discharge of a firearm under | ||||||
16 | Section 24-1.2 or similar offense under the Criminal | ||||||
17 | Code of 1961; | ||||||
18 | (N) aggravated discharge of a machine gun or a | ||||||
19 | firearm equipped with a device
designed or used for | ||||||
20 | silencing the report of a firearm under Section | ||||||
21 | 24-1.2-5 or similar offense under the Criminal Code of | ||||||
22 | 1961; | ||||||
23 | (0) unlawful use of firearm projectiles under | ||||||
24 | Section 24-2.1 or similar offense under the Criminal | ||||||
25 | Code of 1961; | ||||||
26 | (P) manufacture, sale, or transfer of bullets or |
| |||||||
| |||||||
1 | shells represented to be armor piercing
bullets, | ||||||
2 | dragon's breath shotgun shells, bolo shells, or | ||||||
3 | flechette shells under Section 24-2.2 or similar | ||||||
4 | offense under the Criminal Code of 1961; | ||||||
5 | (Q) unlawful sale or delivery of firearms under | ||||||
6 | Section 24-3 or similar offense under the Criminal | ||||||
7 | Code of 1961; | ||||||
8 | (R) unlawful discharge of firearm projectiles | ||||||
9 | under Section 24-3.2 or similar offense under the | ||||||
10 | Criminal Code of 1961; | ||||||
11 | (S) unlawful sale or delivery of firearms on | ||||||
12 | school premises of any school under Section 24-3.3 or | ||||||
13 | similar offense under the Criminal Code of 1961; | ||||||
14 | (T) unlawful purchase of a firearm under Section | ||||||
15 | 24-3.5 or similar offense under the Criminal Code of | ||||||
16 | 1961; | ||||||
17 | (U) use of a stolen firearm in the commission of an | ||||||
18 | offense under Section 24-3.7 or similar offense under | ||||||
19 | the Criminal Code of 1961; | ||||||
20 | (V) possession of a stolen firearm under Section | ||||||
21 | 24-3.8 or similar offense under the Criminal Code of | ||||||
22 | 1961; | ||||||
23 | (W) aggravated possession of a stolen firearm | ||||||
24 | under Section 24-3.9 or similar offense under the | ||||||
25 | Criminal Code of 1961; | ||||||
26 | (X) gunrunning under Section 24-3A or similar |
| |||||||
| |||||||
1 | offense under the Criminal Code of 1961; | ||||||
2 | (Y) defacing identification marks of firearms | ||||||
3 | under Section 24-5 or similar offense under the | ||||||
4 | Criminal Code of 1961; and | ||||||
5 | (Z) armed violence under Section 33A-2 or similar | ||||||
6 | offense under the Criminal Code of 1961. | ||||||
7 | (b) APPLICABILITY. For an offense committed on or after | ||||||
8 | January 1, 2018 ( the effective date of Public Act 100-3) this | ||||||
9 | amendatory Act of the 100th General Assembly and before | ||||||
10 | January 1, 2024 2023 , when a person is convicted of unlawful | ||||||
11 | use or possession of a weapon by a felon, when the weapon is a | ||||||
12 | firearm, or aggravated unlawful use of a weapon, when the | ||||||
13 | weapon is a firearm, after being previously convicted of a | ||||||
14 | qualifying predicate offense the person shall be subject to | ||||||
15 | the sentencing guidelines under this Section. | ||||||
16 | (c) SENTENCING GUIDELINES. | ||||||
17 | (1) When a person is convicted of unlawful use or | ||||||
18 | possession of a weapon by a felon, when the weapon is a | ||||||
19 | firearm, and that person has been previously convicted of | ||||||
20 | a qualifying predicate offense, the person shall be | ||||||
21 | sentenced to a term of imprisonment within the sentencing | ||||||
22 | range of not less than 7 years and not more than 14 years, | ||||||
23 | unless the court finds that a departure from the | ||||||
24 | sentencing guidelines under this paragraph is warranted | ||||||
25 | under subsection (d) of this Section. | ||||||
26 | (2) When a person is convicted of aggravated unlawful |
| |||||||
| |||||||
1 | use of a weapon, when the weapon is a firearm, and that | ||||||
2 | person has been previously convicted of a qualifying | ||||||
3 | predicate offense, the person shall be sentenced to a term | ||||||
4 | of imprisonment within the sentencing range of not less | ||||||
5 | than 6 years and not more than 7 years, unless the court | ||||||
6 | finds that a departure from the sentencing guidelines | ||||||
7 | under this paragraph is warranted under subsection (d) of | ||||||
8 | this Section. | ||||||
9 | (3) The sentencing guidelines in paragraphs (1) and | ||||||
10 | (2) of this subsection (c) apply only to offenses | ||||||
11 | committed on and after January 1, 2018 ( the effective date | ||||||
12 | of Public Act 100-3) this amendatory Act of the 100th | ||||||
13 | General Assembly and before January 1, 2024 2023 . | ||||||
14 | (d) DEPARTURE FROM SENTENCING GUIDELINES. | ||||||
15 | (1) At the sentencing hearing conducted under Section | ||||||
16 | 5-4-1 of this Code, the court may depart from the
| ||||||
17 | sentencing guidelines provided in subsection (c) of this | ||||||
18 | Section and impose a sentence
otherwise authorized by law | ||||||
19 | for the offense if the court, after considering any factor | ||||||
20 | under paragraph (2) of this subsection (d) relevant to the | ||||||
21 | nature and
circumstances of the crime and to the history | ||||||
22 | and character of the defendant, finds on the record
| ||||||
23 | substantial and compelling justification that the sentence | ||||||
24 | within the sentencing guidelines would be unduly harsh and
| ||||||
25 | that a sentence otherwise authorized by law would be | ||||||
26 | consistent with public
safety and does not deprecate the |
| |||||||
| |||||||
1 | seriousness of the offense. | ||||||
2 | (2) In deciding whether to depart from the sentencing | ||||||
3 | guidelines under this paragraph, the court shall
consider: | ||||||
4 | (A) the age, immaturity, or limited mental | ||||||
5 | capacity of the defendant at the time of
commission of | ||||||
6 | the qualifying predicate or current offense, including | ||||||
7 | whether the defendant
was suffering from a mental or | ||||||
8 | physical condition insufficient to constitute a
| ||||||
9 | defense but significantly reduced the defendant's | ||||||
10 | culpability; | ||||||
11 | (B) the nature and circumstances of the qualifying | ||||||
12 | predicate offense; | ||||||
13 | (C) the time elapsed since the qualifying | ||||||
14 | predicate offense; | ||||||
15 | (D) the nature and circumstances of the current | ||||||
16 | offense; | ||||||
17 | (E) the defendant's prior criminal history; | ||||||
18 | (F) whether the defendant committed the qualifying | ||||||
19 | predicate or current offense under
specific and | ||||||
20 | credible duress, coercion, threat, or compulsion; | ||||||
21 | (G) whether the defendant aided in the | ||||||
22 | apprehension of another felon or testified
truthfully | ||||||
23 | on behalf of another prosecution of a felony; and | ||||||
24 | (H) whether departure is in the interest of the | ||||||
25 | person's rehabilitation, including employment or | ||||||
26 | educational or vocational training, after taking into |
| |||||||
| |||||||
1 | account any past rehabilitation efforts or | ||||||
2 | dispositions of probation or supervision, and the | ||||||
3 | defendant's cooperation or response to rehabilitation. | ||||||
4 | (3) When departing from the sentencing guidelines | ||||||
5 | under this Section, the court shall specify on the record, | ||||||
6 | the particular evidence, information, factor or factors, | ||||||
7 | or other reasons which led to the departure from the | ||||||
8 | sentencing guidelines. When departing from the sentencing | ||||||
9 | range in accordance with this subsection (d), the court | ||||||
10 | shall indicate on the sentencing order which departure | ||||||
11 | factor or factors outlined in paragraph (2) of this | ||||||
12 | subsection (d) led to the sentence imposed. The sentencing | ||||||
13 | order shall be filed with the clerk of the court and shall | ||||||
14 | be a public record. | ||||||
15 | (e) This Section is repealed on January 1, 2024 2023 .
| ||||||
16 | (Source: P.A. 100-3, eff. 1-1-18 .) | ||||||
17 | (730 ILCS 5/5-6-3.6) | ||||||
18 | (Section scheduled to be repealed on January 1, 2023) | ||||||
19 | Sec. 5-6-3.6. First Time Weapon Offender Program. | ||||||
20 | (a) The General Assembly has sought to promote public | ||||||
21 | safety, reduce recidivism, and conserve valuable resources of | ||||||
22 | the criminal justice system through the creation of diversion | ||||||
23 | programs for non-violent offenders. This amendatory Act of the | ||||||
24 | 100th General Assembly establishes a pilot program for | ||||||
25 | first-time, non-violent offenders charged with certain weapons |
| |||||||
| |||||||
1 | offenses. The General Assembly recognizes some persons, | ||||||
2 | particularly young adults in areas of high crime or poverty, | ||||||
3 | may have experienced trauma that contributes to poor decision | ||||||
4 | making skills, and the creation of a diversionary program | ||||||
5 | poses a greater benefit to the community and the person than | ||||||
6 | incarceration. Under this program, a court, with the consent | ||||||
7 | of the defendant and the State's Attorney, may sentence a | ||||||
8 | defendant charged with an unlawful use of weapons offense | ||||||
9 | under Section 24-1 of the Criminal Code of 2012 or aggravated | ||||||
10 | unlawful use of a weapon offense under Section 24-1.6 of the | ||||||
11 | Criminal Code of 2012, if punishable as a Class 4 felony or | ||||||
12 | lower, to a First Time Weapon Offender Program. | ||||||
13 | (b) A defendant is not eligible for this Program if: | ||||||
14 | (1) the offense was committed during the commission of | ||||||
15 | a violent offense as defined in subsection (h) of this | ||||||
16 | Section; | ||||||
17 | (2) he or she has previously been convicted or placed | ||||||
18 | on probation or conditional discharge for any violent | ||||||
19 | offense under the laws of this State, the laws of any other | ||||||
20 | state, or the laws of the United States; | ||||||
21 | (3) he or she had a prior successful completion of the | ||||||
22 | First Time Weapon Offender Program under this Section; | ||||||
23 | (4) he or she has previously been adjudicated a | ||||||
24 | delinquent minor for the commission of a violent offense; | ||||||
25 | (5) he or she is 21 years of age or older; or | ||||||
26 | (6) he or she has an existing order of protection |
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1 | issued against him or her. | ||||||
2 | (b-5) In considering whether a defendant shall be | ||||||
3 | sentenced to the First Time Weapon Offender Program, the court | ||||||
4 | shall consider the following: | ||||||
5 | (1) the age, immaturity, or limited mental capacity of | ||||||
6 | the defendant; | ||||||
7 | (2) the nature and circumstances of the offense; | ||||||
8 | (3) whether participation in the Program is in the | ||||||
9 | interest of the defendant's rehabilitation, including any | ||||||
10 | employment or involvement in community, educational, | ||||||
11 | training, or vocational programs; | ||||||
12 | (4) whether the defendant suffers from trauma, as | ||||||
13 | supported by documentation or evaluation by a licensed | ||||||
14 | professional; and | ||||||
15 | (5) the potential risk to public safety. | ||||||
16 | (c) For an offense committed on or after January 1, 2018 | ||||||
17 | ( the effective date of Public Act 100-3) this amendatory Act | ||||||
18 | of the 100th General Assembly and before January 1, 2024 2023 , | ||||||
19 | whenever an eligible person pleads guilty to an unlawful use | ||||||
20 | of weapons offense under Section 24-1 of the Criminal Code of | ||||||
21 | 2012 or aggravated unlawful use of a weapon offense under | ||||||
22 | Section 24-1.6 of the Criminal Code of 2012, which is | ||||||
23 | punishable as a Class 4 felony or lower, the court, with the | ||||||
24 | consent of the defendant and the State's Attorney, may, | ||||||
25 | without entering a judgment, sentence the defendant to | ||||||
26 | complete the First Time Weapon Offender Program. When a |
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1 | defendant is placed in the Program, the court shall defer | ||||||
2 | further proceedings in the case until the conclusion of the | ||||||
3 | period or until the filing of a petition alleging violation of | ||||||
4 | a term or condition of the Program. Upon violation of a term or | ||||||
5 | condition of the Program, the court may enter a judgment on its | ||||||
6 | original finding of guilt and proceed as otherwise provided by | ||||||
7 | law. Upon fulfillment of the terms and conditions of the | ||||||
8 | Program, the court shall discharge the person and dismiss the | ||||||
9 | proceedings against the person. | ||||||
10 | (d) The Program shall be at least 18 months and not to | ||||||
11 | exceed 24 months, as determined by the court at the | ||||||
12 | recommendation of the Program administrator and the State's | ||||||
13 | Attorney. The Program administrator may be appointed by the | ||||||
14 | Chief Judge of each Judicial Circuit. | ||||||
15 | (e) The conditions of the Program shall be that the | ||||||
16 | defendant: | ||||||
17 | (1) not violate any criminal statute of this State or | ||||||
18 | any other jurisdiction; | ||||||
19 | (2) refrain from possessing a firearm or other | ||||||
20 | dangerous weapon; | ||||||
21 | (3) obtain or attempt to obtain employment; | ||||||
22 | (4) attend educational courses designed to prepare the | ||||||
23 | defendant for obtaining a high school diploma or to work | ||||||
24 | toward passing high school equivalency testing or to work | ||||||
25 | toward completing a vocational training program; | ||||||
26 | (5) refrain from having in his or her body the |
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1 | presence of any illicit drug prohibited by the | ||||||
2 | Methamphetamine Control and Community Protection Act, the | ||||||
3 | Cannabis Control Act, or the Illinois Controlled | ||||||
4 | Substances Act, unless prescribed by a physician, and | ||||||
5 | submit samples of his or her blood or urine or both for | ||||||
6 | tests to determine the presence of any illicit drug; | ||||||
7 | (6) perform a minimum of 50 hours of community | ||||||
8 | service; | ||||||
9 | (7) attend and participate in any Program activities | ||||||
10 | deemed required by the Program administrator, including | ||||||
11 | but not limited to: counseling sessions, in-person and | ||||||
12 | over the phone check-ins, and educational classes; and | ||||||
13 | (8) pay all fines, assessments, fees, and costs. | ||||||
14 | (f) The Program may, in addition to other conditions, | ||||||
15 | require that the defendant: | ||||||
16 | (1) wear an ankle bracelet with GPS tracking; | ||||||
17 | (2) undergo medical or psychiatric treatment, or | ||||||
18 | treatment or rehabilitation approved by the Department of | ||||||
19 | Human Services; and | ||||||
20 | (3) attend or reside in a facility established for the | ||||||
21 | instruction or residence of defendants on probation. | ||||||
22 | (g) There may be only one discharge and dismissal under | ||||||
23 | this Section. If a person is convicted of any offense which | ||||||
24 | occurred within 5 years subsequent to a discharge and | ||||||
25 | dismissal under this Section, the discharge and dismissal | ||||||
26 | under this Section shall be admissible in the sentencing |
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1 | proceeding for that conviction as evidence in aggravation. | ||||||
2 | (h) For purposes of this Section, "violent offense" means | ||||||
3 | any offense in which bodily harm was inflicted or force was | ||||||
4 | used against any person or threatened against any person; any | ||||||
5 | offense involving the possession of a firearm or dangerous | ||||||
6 | weapon; any offense involving sexual conduct, sexual | ||||||
7 | penetration, or sexual exploitation; violation of an order of | ||||||
8 | protection, stalking, hate crime, domestic battery, or any | ||||||
9 | offense of domestic violence. | ||||||
10 | (i) This Section is repealed on January 1, 2024 2023 .
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11 | (Source: P.A. 102-245, eff. 8-3-21.) | ||||||
12 | Section 50. The Disposition of Remains of the Indigent Act | ||||||
13 | is amended by changing Section 35 as follows: | ||||||
14 | (755 ILCS 66/35)
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15 | (Section scheduled to be repealed on December 31, 2022) | ||||||
16 | Sec. 35. Repealer. This Act is repealed on December 31, | ||||||
17 | 2027 2022 .
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18 | (Source: P.A. 100-526, eff. 6-1-18 .) | ||||||
19 | Section 55. "An Act concerning criminal law", approved | ||||||
20 | August 20, 2021, Public Act 102-490, is amended by changing | ||||||
21 | Section 99 as follows: | ||||||
22 | (P.A. 102-490, Sec. 99)
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1 | Sec. 99. Effective date. This Act takes effect on January | ||||||
2 | 1, 2024 2023 .
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3 | (Source: P.A. 102-490.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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