Criminal Law

(Gordon-Booth, D-Peoria; Harmon, D-Oak Park) prohibits a court from denying a sealing or expungement petition because the petitioner has not satisfied an outstanding legal financial obligation established by a court; law enforcement agency; or state, county, or other unit of local government. It exempts an obligation that is court-ordered restitution unless the restitution has been converted to a civil judgment. Passed both chambers. 

(Clayborne, D- East St. Louis; Gordon-Booth, D-Peoria) amends the Adult Redeploy Illinois program to include those convicted of a probation-eligible offense rather than a non-violent offender. Passed both chambers. 

(Sims, D-Chicago; Connor, D-Romeoville) authorizes the state’s attorney to file a petition for a domestic violence order of protection on behalf of any minor child or dependent adult in the care of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition. Provides that the respondent may rebut prima facie evidence of the offense by presenting evidence of a meritorious defense. Provides that the respondent shall file a written notice alleging a meritorious defense, which shall be verified and supported by affidavit. Provides that if the court finds that the evidence presented at the hearing establishes a meritorious defense by a preponderance of the evidence, the court may decide not to issue a protective order. Passed both chambers. 

(Andrade, D-Chicago; John Cullerton, D-Chicago) amends the Illinois Vehicle Code to provide that knowledge that a vehicle or essential part is stolen or converted may be inferred: (1) from the surrounding facts and circumstances, which would lead a reasonable person to believe that the vehicle or essential part is stolen or converted; or (2) if the person exercises exclusive unexplained possession over the stolen or converted vehicle or essential part, regardless of whether the date on which the vehicle or essential part was stolen is recent or remote. Amends the Juvenile Court Act of 1987 to provide that for a minor arrested or taken into custody for vehicular hijacking or aggravated vehicular hijacking, a previous finding of delinquency for vehicular hijacking or aggravated vehicular hijacking be given greater weight in determining whether secured custody of a minor is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another. Passed by chambers. 

(Andersson, R-Geneva; Mulroe, D-Chicago) creates the Criminal and Traffic Assessment Act. The Act would standardize court-filing fees and fines into 13 schedules of potential assessments for criminal and traffic offenses, and four schedules for civil court cases, which are divided by the kind of offense or case. The Act also caps the maximum amount of money that can be assessed under each schedule and for various services or filings within the court process. The money collected under these assessment schedules would then be distributed at the state, county, and local levels for officials to decide how to best allocate their portion for maintaining the courts. House Bill 4594 would also provide a sliding-scale waiver for some civil litigants and criminal defendants depending on their income relative to the federal poverty level. House Bill 544 (Mulroe, D-Chicago; Andersson, R-Geneva) is a trailer bill to resolve technical concerns. Both bills passed both chambers. 

(Napoleon Harris, D-Harvey; Davis, D-East Hazel Crest) extends from one year to two years in which a restricted driving permit is effective. The fee for the permit will continue to be imposed annually. Passed both chambers. 

(Morrison, D-Deerfield; Lilly, D-Chicago) raises the age from 18 to 21 who may buy tobacco products, electronic cigarettes, and alternative nicotine products. Eliminates the penalty for possession of a cigar, cigarette, smokeless tobacco, or tobacco in any of its forms by persons under 18 years of age. Passed both chambers.