Illinois

Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing the sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.

Proposes to amend the General Provisions Article of the Illinois Constitution. Clarifies that artificial persons exist only by grant of the State and shall have no powers or privileges except those expressly provided by the Illinois Constitution or the laws of the State. Revokes all powers previously granted to any artificial person under the laws of the State. Re-grants powers to artificial persons, to the extent that those powers do not include the power to conduct any election activity or ballot-issue activity. Provides that any election activity or ballot-issue activity conducted by an artificial person is ultra vires and void. Effective upon being declared adopted.

Amends the Code of Criminal Procedure of 1963. Provides that, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial.

Amends the Freedom of Information Act. Specifies that the Act is not intended to circumvent the process used by the courts to address whether arrest and booking records, mug shots, body-worn camera footage, in-car camera footage, 9-1-1 audio files, crime scene photographs, or other similar law enforcement records are to be made publicly available, except when those records may be relevant to a current or potential case or claim by the requester. Increases the cap on the fee that may be imposed for black and white copies from 15 cents per page to 25 cents per page. Makes changes to the fees public bodies may charge for time spent by personnel in searching for and retrieving a requested record or examining the record for necessary redactions. Exempts from disclosure under the Act specified law enforcement records, except when those records may be relevant to a current or potential case or claim by the requester.

Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in the Illinois Identification Card Act, the School Code, the Public Higher Education Act, and the Illinois Vehicle Code. Effective immediately.

Amends the Property Tax Code. Provides that the wooded acreage assessment shall continue through December 31, 2029 or through any year in which the property is transferred or no longer qualifies as wooded acreage.

Amends the Criminal Code of 2012. Provides that a full-time, sworn, compensated fire fighter is permitted to carry a pistol, revolver, stun gun, taser, or other firearm on his or her person in public or in a vehicle, if the fire fighter has a valid concealed carry license, is carrying on duty, and has been approved to carry on duty by the mayor, city council, village president, town president, or village board of trustees.

Amends the Juvenile Court Act of 1987. Provides that the State's Attorney may file a written petition, at any time prior to commencement of the minor's trial, to designate the proceeding as an extended jurisdiction juvenile prosecution when the petition alleges the commission by a minor 15 (rather than 13) years of age or older of any offense that would be a felony if committed by an adult. Provides that, upon filing of a petition, the judge shall conduct a hearing at which he or she shall first determine whether there is probable cause to believe that the allegations in the petition and motion are true. Provides that, if probable cause is found, the judge may enter an order designating the proceeding as an extended jurisdiction juvenile proceeding if the judge makes a finding based on clear and convincing evidence that sentencing under the Unified Code of Corrections may be appropriate for the minor based on an evaluation of certain factors. Provides that the judge shall consider: (1) the minor's age, impetuosity, and level of maturity at the time of the offense, including the ability to consider risks and consequences of behavior, and any presence of cognitive or developmental disability, or both, including if a comprehensive mental health evaluation of the minor was conducted by a qualified mental health professional, the outcome of the evaluation; and (2) the history of the minor, including the minor's family, home environment, educational and social background, including any history of parental neglect, domestic or sexual violence, sexual exploitation, physical abuse, or other childhood trauma, including adverse childhood experiences. Makes other changes.

Amends the Unified Code of Corrections. Provides that the annual report of the Prisoner Review Board transmitted to the Director of Corrections shall list how many C-Number Cases and Good Conduct Requests are considered, granted, and denied by the Board, disaggregated by offense, including, but not limited to, murder and offenses involving sexual conduct or sexual penetration, and indicate if the victims were under 18 years of age or members of law enforcement. Provides that the Prisoner Review Board's annual report shall be published on the Board's website no later than March 1 of each year.

Amends the Illinois Vehicle Code. Allows a unit of local government that engages in the operation of fleet of motor vehicles to register and license the fleet for operations in the State.

Repeals the Interchange Fee Prohibition Act. Effective immediately.

Amends the Illinois Vehicle Code. Permits the operation of recreational off-highway vehicles meeting certain criteria on any street, roadway, or highway in the State, unless the highway is an interstate system, is near a grade-separated portion of the highway, is within a municipality, or has a posted speed limit higher than 55 miles per hour. Provides that a recreational off-highway vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles under the Snowmobile Registration and Safety Act. Provides for the distribution of registration fees. Outlines the vehicle equipment requirements for the operation of a recreational off-highway vehicle on a roadway.

Amends the Criminal Code of 2012 concerning child sexual abuse material. Provides that if the creator of the images or materials is a minor and the sole subject of the depiction, the minor is not subject to criminal penalties under the statute. Deletes provision that the charge of child sexual abuse material does not apply to the creator of a film, video, photograph, or other similar visual image or depiction in which the creator is the sole subject of the film, video, photograph, or other similar visual image or depiction. Effective immediately.

Creates the Immigration Enforcement Act. Provides that a State entity, local entity, or law enforcement agency may not adopt or maintain a law, ordinance, resolution, rule, regulation, policy, directive, order, practice, or procedure, formal or informal, written or unwritten, that prohibits or materially restricts the State entity, local entity, or law enforcement agency from complying with or assisting in the enforcement of immigration laws. Includes mandatory duties of law enforcement agencies regarding immigration detainers. Requires a county jail, municipal jail, and the Department of Corrections to enter into an agreement with the U.S. Immigration and Customs Enforcement or other federal agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining those persons. Requires implementation of the Act in a manner consistent with federal laws and regulations governing immigration and discrimination, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. Limits home rule powers by providing that regulation of immigration enforcement is an exclusive power and function of the State. Repeals the Illinois TRUST Act. Makes corresponding changes in various other Acts. Repeals provisions in the Illinois Public Aid Code and the Illinois Administrative Procedure Act relating to medical services for certain noncitizens. Amends the Department of Human Services Act. Creates the Asylum Travel Expense Program in the Department of Human Services to provide noncitizens seeking asylum who are residing in Illinois transportation and travel expenses for travel to another state that prohibits law enforcement or other governmental agencies from assisting the United States Immigration and Customs Enforcement or other federal government agency with immigration enforcement or to the country of origin of the noncitizen seeking asylum. Requires the method of transportation selected by the Department to be by the cheapest means to transport the noncitizen seeking asylum to the noncitizen's desired destination. Provides for the transfer of $10,000,000 from the General Revenue Fund into the Asylum Travel Expenses Fund to fund the Program. Amends the State Finance Act to create the Fund. Effective immediately.

Amends the Property Tax Code. Establishes a homestead exemption for qualified homestead property that has been continuously owned, used, and occupied as the primary residence by the qualified taxpayer for at least 30 years prior to January 1 of the taxable year for which the exemption would apply. Requires taxpayers who have been granted an exemption to reapply on an annual basis. Provides that the assessor or chief county assessment officer may determine the eligibility of residential property to receive the homestead exemption by application, visual inspection, questionnaire, or other reasonable methods. Sets forth provisions concerning the review of exemptions granted under the provisions. Defines "qualified homestead property" and "qualified taxpayer". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Amends the Innovations for Transportation Infrastructure Act. Makes a technical change in a Section concerning the short title.

Amends the Illinois Vehicle Code. Prohibits a person from driving or being in actual physical control of any vehicle within the State while the person has, within 2 hours of driving or being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance, unless extenuating circumstances exist preventing the transportation of the driver from the scene to an authorized location where blood can be drawn due to the medical condition of the driver or safety issues at the accident location, but in no event shall the period exceed 3 hours after driving or being in actual physical control of a vehicle. Removes language providing that the 2-year time limit does not apply to the lawful consumption of cannabis by a qualifying patient who is in possession of a valid registry card, unless that person is impaired by the use of cannabis.

Amends the Illinois Controlled Substances Act. Makes structural and other changes to the list of controlled substances. Adds xylazine as a Class III controlled substance. Provides that notwithstanding the scheduling of xylazine as a Schedule III controlled substance, xylazine shall not be considered a controlled substance when: (1) used by licensed Illinois veterinarians dispensing or prescribing for, or administering to, a nonhuman species of a drug containing xylazine that has been approved by the U.S. Food and Drug Administration; (2) used by licensed Illinois veterinarians dispensing or prescribing for, or administering to, a nonhuman species that is permissible under the Federal Food, Drug, and Cosmetic Act; (3) manufactured, distributed, or used as an active pharmaceutical ingredient for manufacturing an animal drug approved under the Federal Food, Drug, and Cosmetic Act; (4) used by a licensed certified euthanasia technician employed by a certified euthanasia agency; or (5) used by a wildlife biologist engaged in legal or authorized fieldwork under the indirect supervision of a veterinarian. Defines "isomer". Effective January 1, 2027.

Amends the Criminal Code of 2012. Increases by one class the penalties for trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor. Provides that if the penalty is a Class X felony, the person shall be sentenced to a term of imprisonment of not less than 9 years and not exceeding 45 years.

Amends the Toll Highway Act. Requires the Illinois State Toll Highway Authority to establish an option to pay with tangible legal United States currency at every toll plaza and toll location point.

Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employee Article applies to a security employee of the Department of Human Services subject to the Tier 2 provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 8 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately.

Amends the Invest in Illinois Act. Provides that no award of economic incentives may be made under the Act to an entity if (i) the entity is organized under the laws of or has its principal place of business in a foreign country of concern or (ii) the government of a foreign country of concern has a controlling interest in the entity.

Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning the supportive living facilities program, removes a provision permitting applications for the expansion of supportive living dementia care settings, involving sites not approved by the Department of Healthcare and Family Services, to include new elderly non-dementia units in addition to new dementia care units.

Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner a threat of destruction of a child care institution or day care center building or property, or a threat of violence, death, or bodily harm directed against persons at a child care institution or day care center, a child care institution or day care center function, or a child care institution or day care center event, whether or not the child care institution or day care center is in session. Provides that a violation is a Class 4 felony. Effective immediately.

Appropriates $700,000 from the General Revenue Fund to the Department of Commerce and Economic Opportunity for a grant to the Illinois Center for Employee Ownership for the purpose of expanding education, outreach, and technical assistance related to employee ownership transitions and supporting small businesses in evaluating and pursuing succession through employee ownership. Effective July 1, 2026.