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2018 has brought with it many new criminal law changes. Please review the bills stated below for this important update.

Law enforcement agencies throughout the state will be required to develop a written policy regarding the investigation of officer-involved criminal sexual assaults. (HB 270)

Police Training (HB 375): Requires the Illinois Law Enforcement Training Standards Board to create a course on mental health awareness including recognizing mental crises which require an immediate response.

Sealing of Criminal Records (HB 514): Allows records of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, to be immediately sealed after the final disposition of the case.

Criminal Procedure ‐Department of Human Services Placement (HB 649): Creates a formal process for the county sheriff and Illinois Department of Human Services to handle the custody of defendants found either unfit to stand trial or found not guilty by reason of insanity.

Civil Penalty and Damage Funds (HB 1685): Allows the Illinois State's Attorney to use civil penalty and damage funds not awarded to a private party as a result of prosecution under the Insurance Claims Fraud Prevention Act for general crime prevention.

Amending the Illinois State Police Statute (HB 1849): Removes the rank of Special Agent Sergeant, Special Agent Master Sergeant, Special Agent Lieutenant, Special Agent Captain or Special Agent Major from State Police statute.

Hate Crimes at Religious Facilities (HB 2390): Adds crimes committed on the grounds of a religious facility to the definition of a hate crime. Removes the $1,000 restitution cap and allows courts to impose a fine based on the severity of the crime and damages.

Name Changes For Ex-Offenders (HB 2559): Requires courts granting a name change to a person with a criminal record who has not received a pardon, or who has a pending arrest or charge, to forward a copy of the name change order to the ISP.

Illinois Department of Corrections Visitations (HB 2738): Requires prisons to allow inmates to receive visitors in person or via video teleconference, with some exceptions for behavior.

Video Conferencing (HB 2989): Prohibits the Dept. of Correction from limiting in‐person visits to inmates because of the availability of video‐conferencing.

Circuit Court Complaints (HB 3054): Requires circuit courts to post a public notice with details on how to file complaints against judges.

Aggravated DUI Death Limitations (HB 3084): Removes the statute of limitations on prosecution for aggravated DUI causing death.

Restorative Justice (HB 3165): Provides for training in restorative practices for the Illinois Department of Juvenile Justice.

Illegal Electronic Monitoring/Cyberstalking (HB 3251): Expands the cyberstalking offense to include installing tracking software and causing threats.

Hate Crime Civil Penalty (HB 3711): Includes intimidation, stalking, cyberstalking, or transmission of obscene messages as possible hate crimes and creates a civil penalty for hate crimes.

Content Controlled Tablets For Inmates (HB 3712): Allows the Illinois Department of Corrections to provide inmates with temporary access to content‐controlled tablets for educational and visitation opportunities as a reward for good behavior.

Criminal Protective Orders (HB 3718): Consolidates provisions regarding obtaining and issuing orders of protection and no contact orders, creates a criminal offense for the violation of no contact orders, and allows the State's Attorney to petition for protective orders on behalf of a victim.

Participating in Gang Activity (HB 3803): Changes the criminal offense of "unlawful contact with a gang member" to "unlawful participation in street gang related activity."

Expunging Juvenile Offences (HB 3817): Eliminates instances in which juvenile records may be shared and creates an automatic expungement process for some juvenile offenses.

Inventory Criminal Justice Paper Records (HB 3879): Allows the Illinois Criminal Justice Information Authority to conduct an inventory of law enforcement agencies, county sheriff's offices, circuit court clerks, or circuit clerks in the state that operate using a predominately paper system.

Protective Order Phone Service (SB 57): Allows domestic violence victims to continue to use their current cell phone when they have separated from their abuser, helping them leave by saving them financial costs from setting up a new phone.

Collaborative Process Act (SB 67): Establishes requirements for collaborative law agreements and collaborative law procedures, clarifies the role of the courts in a collaborative proceeding, and set rules for privileged or confidential material.

Drug-Induced Homicide Sentence (SB 639): Creates an imprisonment term for a person who delivers a fatal dose of a controlled substance to another person.

Civil Pro-Zoning Board of Appeals (SB 731): Prevents someone who has testified as an individual from being named as a defendant in a lawsuit.

Unlawful Discrimination Juries (SB 889): Prohibits jurors from being excluded from jury service on the basis of race, color, religion, sex, national origin or economic status.

Defendant's Fitness To Stand Trial (SB 1276): Requires a person determining if a defendant is fit to stand trial to also submit a report including an opinion if the person will maintain fitness.

Sex Offender Management Board Act (SB 1321): Adds a definition to "child" in the offense of "grooming" and "travel to meet a minor" under the Sex Offender Management Board Act.

Vital Records Search for Parolees (SB 1413): Eliminates the fee for a copy of their birth certificate when a person is released from the Illinois Dept. of Corrections.

Criminal Prosecution Proof of Statute of Limitations (SB 1422): Eliminates the requirement of prosecution to provide facts to extend the statute of limitations; instead, the defendant must file a pretrial motion alleging that their case should be dismissed.

Juvenile Justice Qualifications (SB 1519): Removes the requirement that certain Department of Juvenile Justice personnel have a bachelor's/advanced degree with a specialization in criminal justice, education, psychology, social work, and only requires them to have a bachelor's, advanced degree or vocational training.

Sentencing Guidelines for Repeat Gun Offenders (SB 1722): Creates tougher sentencing guidelines for repeat gun offenders while working to keep nonviolent offenders out of prison.

Bail Reform Act (SB 2034): Provides new rights for bail defendants and encourages the creation of a risk assessment for defendants to determine if they are a danger to the community.

Sexual Orientation (SB 1761): Prohibits sexual orientation from being considered a mitigating factor and clarifies that it does not constitute serious provocation in murder cases.

Brian L. Polinske
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