Politics & Government

New Illinois Laws 2019: Crime, Courts, Corrections, Cops

Review the new laws that will take effect on Jan. 1, 2019.

Pregnant Pre-Trial Detainees (HB 01464) - Provides that if the court reasonably believes that a pre-trial detainee will give birth while in custody, the court shall order an alternative to custody.

Civil Code, Sex Trafficking Victims (HB 02063) - Allows a victim of sex trafficking and involuntary servitude to bring a civil action against a person who pleads guilty to or is convicted of his/her trafficking, to recover actual sustained damages, court costs, and punitive damages determined by the court.

Substance Deflection and Addiction Treatment (SB 03023) - Allows law enforcement to develop and implement deflection programs that offer alternatives to the traditional criminal justice system and create immediate pathways to substance use treatment and other services.

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Firearms Restraining Order Act (HB 02063) - Creates the Firearms Restraining Order Act.

Temporary Lethal Restraining Order (HB 2345) - Family members or police who believe someone is a threat to themselves or others, may go to a judge to temporarily remove that person’s guns.

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Civil Code, Name Change (HB 02723) - Allows an individual charged with certain crimes to petition to change their name.

Healthcare Violence Prevention Act (HB 03920) - Creates the Healthcare Violence Prevention Act.

First Responder Mental Health Awareness Day (HB 04345) - Designates the third Friday of May every year as “First Responder Mental Health Awareness Day" in Illinois.

Missing Persons Identification Act (HB 04348) - Makes several changes to the Missing Persons Identification Act with regard to law enforcement assisting with the identification of human remains.

Corrections Visitation Policy (HB 04741) - Provides that each inmate in the Illinois Department of Corrections is entitled to seven in person visits per month. Each inmate may submit a list of 30 people that are authorized to visit.

FOID Renewal/Suspension (HB 04855) - Makes more individuals ineligible to hold a FOID card by expanding the definition of "patient" and makes other changes to the FOID Card Act.

Violence Data (HB 04888) - Mandates the Illinois Department of Corrections to quarterly collect and publish data on violence within correctional institutions and the release and status of previously institutionalized persons.

Age-Sensitive Interview Techniques (HB 05203) - Requires the Illinois State Police and the Law Enforcement Training Standards Board to include age-sensitive interview techniques in their training curriculum.

Victims Compensation, Revenge Porn (HB 05267) - Adds two offenses for which victims are eligible to receive compensation under the Crime Victims Compensation Act: 1) posting identifying or graphic information on a pornographic website and 2) revenge porn.

Crime Victim Rights (HB 05573) - Allows crime victims to have support persons present and eligible to testify at trial and prohibits substantive issues from being decided at status hearings.

Missing Persons With Disabilities/Amber Alerts (SB 02265) - Individuals with developmental or intellectual disabilities would be covered under the Endangered Missing Person Advisory program, which provides a regional system for the rapid information alerts regarding missing persons.

Sex Offense Limitations (SB 02271) - Provides that a prosecution for any offense involving sexual conduct or sexual penetration in which the victim was 18 years of age or older at the time of the offense may be commenced within one year after the offense is discovered by the victim.

Violence Act (SB 02289) - Updates the Illinois Marriage and Dissolution of Marriage Act and the Illinois Domestic Violence Act.

Name Change-Domestic Violence (SB 02330) - Would allow victims of domestic violence to waive the publication requirement when filing a name change petition.

Synthetic Cannabinoids (SB 02341) - Adds synthetic cannabinoids to the Controlled Substances Act.

School-Law Enforcement Active Shooter Drills (SB 02350) - Requires schools to conduct at least one law enforcement drill that addresses an active threat or an active shooter within a school building no later than 90 days after the first day of each school year.

Police and Community Relations (SB 02378) - Requires all law enforcement agencies to have an independent agency conduct investigations of officer-involved deaths.

Publishing Criminal Records (SB 02560) - Requires any website that displays a subject's individual's criminal record be required to remove the information upon written request without charging a fee.

Juvenile Record Expungements, Confidentiality (SB 02579) - Requires the Administrative Office of the Illinois Courts to study the fiscal impact of legislation (PA100-285) that expanded juvenile expungements and clarified juvenile record confidentiality requirements on probation departments.

Expanded Criminal Statute of Limitations (SB 02891) - Provides a five-year (up from three years) statute of limitations for prosecution of some forms of fraud or kickbacks.

State Police Rap Back Service (SB 02907) - Allows agencies and entities currently authorized by law to conduct or obtain national criminal history background checks on individuals to participate in the FBI's Federal Rap Back Service.

School Resource Officers Training (SB 02925) - Requires the Law Enforcement Training Standards Board to develop or approve a curriculum for a certified training program for school resource officers.

Trafficking Victims Protection (SB 03108) - Expands trafficking definition and provides a civil remedy for human trafficking victims.

DCFS Child Death Investigation (SB 03223) - Repeals provisions permitting the Child Death Review Teams Executive Council to establish in the Southern Region of the state a special Child Death Investigation Task Force.

Carnival/Amusement Workers (SB 03240) - Requires all carnivals, amusement enterprises or fairs to conduct background checks on all of their employees.

Firearm Transfers (SB 03256) - Provides that a firearm shall not be transferred until 72-hours have elapsed since application for purchase.

Auxiliary State Police (SB 03263) - Prohibits the Director of State Police from appointing auxiliary state policemen.

Pleading Documents (SB 03295) - Provides pleadings, affidavits or other certified documents will not be required to be sworn before an authorized person.

Violent Offenders-Adult Redeployment (SB 03388) - Allows people with probation-level offenses to be included in Adult Redeploy Illinois programs.

Sex Assault Survivor’s Bill of Rights (SB 03404) - Creates the Survivor's Bill of Rights, which guarantees additional rights and protections to survivors of sexual assault.

Stalking-No Contact Orders (SB 03411) - Allows places of employment, places of worship, or schools to petition for an order against a person stalking their locations. Once an order is granted, that person may have to give up their firearms and FOID card.


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