Illinois NOW Legislative Report #21 10/15/03

Illinois NOW Legislative Report 3/2/04

From Illinois NOW Executive Director Susan Bramlet-Lavin

For more info: www.legis.state.il.us

SAVE THE DATE!!  ILLINOIS NOW LOBBY DAY MARCH 24!!

More details to follow

This is a list of bills for the Spring 2004 session that Illinois NOW is monitoring. This list will change during the session. Some of these bills are still in Rules Committee and may not be addressed until after the primary or before the end of session.

Civil Rights                                 

Bill #        Sponsor             Title of Bill       

SB311              Harmon                       Right to Breastfeed Act

Creates the Right to Breastfeed Act     Senate 2nd Reading

SB2149           Silverstein                  Criminal Code-Unauthorized Taping

Amends the Criminal Code of 1961. Prohibits a person from knowingly and secretly videotaping, photographing, or filming a family member naked, in the person's or family member's residence without the family member's consent.  Senate Rules

SB2484          Cullerton                    Pension Code-Domestic Partnership

Amends the Chicago Teacher Article of the Illinois Pension Code. Allows a designated domestic partner to qualify as a surviving spouse for purposes of survivor and death benefits. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.  Senate Rules
 

SB2597          Ronen                          Human Rights-Sex Orientation

Amends the Human Rights Act. Provides that nothing in the Act shall be construed as requiring any employer, employment agency, or labor organization to give preferential treatment or special rights or implement affirmative action policies or programs based on sexual orientation. Provides that discrimination against a person because of his or her sexual orientation constitutes unlawful discrimination under the Act. Provides that it is a civil rights violation to engage in blockbusting in real estate because of the present or prospective entry of persons with a particular sexual orientation into the vicinity. Provides that the owner of an owner-occupied residential building with 5 or fewer units is not prohibited from making decisions regarding whether to rent to a person based upon that person's sexual orientation. Defines "sexual orientation". Provides that an employer, employment agency, or labor organization is not prohibited from enforcing a reasonable dress code.  Senate Rules
 

SB2741           Hunter                        Human Rights-Parental Status

Amend the Human Rights Act. Provides that discrimination against a person because of his or her parental status constitutes unlawful discrimination. Defines "parental status" as the status of having or not having a child. Effective immediately. Senate Rules
 

SB2860          Petka                          Higher Ed-Group Ins. Payments

Amends the Board of Higher Education Act. Prohibits public universities from using money appropriated from the General Revenue Fund or the Education Assistance Fund for group insurance payments to Central Management Services to cover persons other than employees and legal dependents and spouses of employees. Senate Rules
NOW OPPOSED

SB2878          Sandoval                     Human Rights-Attorney General

Amends the Illinois Human Rights Act. Provides that the Attorney General may commence a civil action in the name of the People of the State of Illinois as parens patriae to enforce the Act. Provides for venue and limitations. Provides that remedies are available to the Attorney General to the same extent that remedies are available to an aggrieved party, and that, in addition to those remedies, the court shall award the State, as monetary relief, 3 times the amount of profits that accrued to the respondent by reason of the act, conduct, practice, or system challenged in the action, plus costs and a reasonable attorney's fee as determined by the court. Provides that the court shall: require that damages for injuries sustained by persons other than the State be paid to those persons (with certain exceptions) to the extent they are identifiable and there is a practicable method for making the payment; and direct that damages that cannot practicably be paid to injured individuals shall be paid to the State. Provides for notice by publication or other means to aggrieved parties who may be bound by the court's judgment in the Attorney General's action and the right of any aggrieved party to elect to exclude his or her claim from adjudication. Provides that the Attorney General may intervene as parens patriae on behalf of persons in civil actions brought by aggrieved individuals under the Act. Effective immediately. Senate 2nd Reading
 

SB2946          Harmon                       IL Civil Rights Act of 2003

Provides that any party aggrieved by conduct that violates the Act may bring a civil lawsuit in federal or State circuit court (instead of just a State circuit court). Provides that any State claim brought in federal district court shall be a supplemental claim to a federal claim. Provides that the court may grant as relief any permanent or preliminary negative or mandatory injunction. Removes language concerning punitive damages.

Senate 2nd Reading - amended
 

SJRCA56       Jones, John               Con Amend-Same Sex Marriage

Proposes to amend the General Provisions Article of the Illinois Constitution to provide that a marriage can only be between one man and one woman. Proposes any relationship between persons of the same sex in a civil union, domestic partnership, or other similar same sex relationship shall not be valid or recognized in Illinois. Effective upon being declared adopted. Senate Rules   NOW OPPOSED
 

SJR48            Lauzen                         Congress-Protect Marriage

Urges Congress to propose an amendment to the United States Constitution providing for the protection of traditional marriage. Senate Rules   NOW OPPOSED
 

HB4275          Millner                        Crim Code-Unauthorized Taping

Amends the Criminal Code of 1961. Provides that the offense of unauthorized videotaping consists of knowingly making a video record or transmission of live video made in violation of the statute (rather than videotaping, photographing, or filming). Exempts from a violation the making of a video record or transmission of live video in a locker room by a reporter or news medium, where the reporter or news medium has been granted access to the locker room by an appropriate authority for the purpose of conducting interviews. Provides that it is unlawful for any person to place or cause to be placed a device that makes a video record or transmits a live video in violation of the statute. Provides that it is unlawful for any person to, by any means, knowingly disseminate, or permit to be disseminated, a video record or live video that he or she knows to have been made or transmitted in violation of the statute. Establishes penalties for these violations.  House 3rd Reading-amended
 

HB4376          McKeon                       Crim Cde & Cd Corr-Hate Crimes

Amends the Criminal Code of 1961. In the hate crime statute, defines sexual orientation to also include transgender status. Amends the Unified Code of Corrections. In the provision permitting the court to impose a more severe sentence upon a defendant who committed a crime against an individual or the individual's relatives, spouse, friends, or associates or their property because of the individual's actual or perceived sexual orientation, includes in the definition of sexual orientation, transgender status.
House Rules

HB6703          Lyons                          Vital Records -Death Certificate-Pregnancy

Amends the Vital Records Act. Provides that a death certificate shall state whether the deceased was pregnant, regardless of whether a separate fetal death certificate was issued.  Tabled by sponsorin House Human Services Committee
 

HJRCA24       Mitchell                      Con Amend-Same Sex Marriage 

Proposes to amend the General Provisions Article of the Illinois Constitution to provide that a marriage can only be between one man and one woman. Proposes any relationship between persons of the same sex in a civil union, domestic partnership, or other similar same sex relationship shall not be valid or recognized in Illinois. Effective upon being declared adopted. House Rules   NOW OPPOSED
 

HJRCA25       Grunloh                       Con Amend-Marriage

Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that a marriage, to be considered valid in this State, must be a union between a man and a woman.  House Rules  NOW OPPOSED
 

HJRCA31       Grunloh                       Con Amend-Same Sex Marriage 

Proposes to amend the General Provisions Article of the Illinois Constitution to provide that a marriage can only be between one man and one woman. Proposes any relationship between persons of the same sex in a civil union, domestic partnership, or other similar same sex relationship shall not be valid or recognized in Illinois. Effective upon being declared adopted.  House Rules    NOW OPPOSED
 

Economic Justice      

SB2467        Martinez                       Human Rights-Source of Income

Amends the Illinois Human Rights Act. With respect to real estate transactions, prohibits discrimination on the basis of source of income. Effective immediately. Senate Rules
 

HB 4439        Yarbrough                       Human Rights-Source of Income

Same as SB2467  - House Housing & Urban Development Committee 

SB2576        Cullerton                       Wage Payment-Right to Bring Action

Amends the Illinois Wage Payment and Collection Act. Provides that an employee has a right to bring a civil action within 90 days of a violation of the provisions prohibiting discrimination or discharge in retaliation for filing a complaint against an employer for a violation that results in the discharge of the employee or a reduction of his or her wages and may recover 3 times the amount of the employee's loss or reduction in wages, attorneys fees, and court costs.     Senate Rules
 

SB2579        Obama                          Hospital Discriminatory Pricing

Creates the Hospital Discriminatory Pricing Reform Act and amends the Hospital Licensing Act. Requires every hospital to develop an "assistance to the uninsured" policy specifying how the hospital will determine the financial liability for services rendered to uninsured patients. Requires that the policy address charity care. Requires notice of the policy to patients. Limits debt collection activities by a hospital. Provides that a violation of the Hospital Discriminatory Pricing Reform Act may subject a hospital to suspension or revocation of its license. Also provides for civil penalties and for a private right of action. Effective immediately.   Senate 2nd Reading
 

SB2900        Garrett                         DHS-TANF-Child Care Rates

Amends the Illinois Public Aid Code. Requires the Department of Human Services, in consultation with its Child Care and Development Advisory Council, to develop a comprehensive plan to revise the State's rates for the various types of child care provided for TANF recipients. Requires completion of the plan by September 30, 2004. Effective immediately.    Senate 3rd Reading
 

SB2962        Jones, E.                       Women Business-Extend Repeal

Amends the Women's Business Ownership Act. Provides that the Act is repealed on September 1, 2025 (now September 1, 2004). Effective immediately. Senate 2nd Readg
 

SB3037        Trotter                         Public Aid-Federal Funding TANF

Amends the State Finance Act and the Illinois Public Aid Code. Provides that federal funds received by the Illinois Department of Human Services under Title IV for Temporary Assistance for Needy Families as reimbursement for expenditures made from the Illinois Department of Children and Family Services (DCFS) appropriations for costs of providing services in behalf of DCFS clients shall be deposited quarterly into the DCFS Children's Services Fund in amounts specified by interagency agreement between both agencies and the Governor's Office of Management and Budget. (Under current law, 80% of those federal funds shall be deposited into the DCFS Children's Services Fund.) Effective immediately.   Senate 2nd Reading
 

SB3126         Collins                           Victims Economic Security

Amends the Victims' Economic Security and Safety Act. Expands the scope of the Act to victims of violent felony crimes (rather than just limited to victims of domestic or sexual violence).   Senate Rules
 

SB2690       Crotty                            Child Support-Unpaid Arrearage

Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, the Income Withholding for Support Act, and the Illinois Parentage Act of 1984. Provides that if there is an unpaid arrearage or delinquency equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. Provides that the periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. Provides that each order for support entered or modified on or after the effective date of this amendatory Act must contain a statement notifying the parties of these requirements. Makes other changes. Effective July 1, 2004.   Senate 2nd Reading
 

SB2804       Righter                           Adoption Act-Minor Birth Parent

Amends the Adoption Act. Provides that a birth parent who is a minor must be represented by a guardian ad litem appointed by the court for the purposes of giving a consent for adoption, unless the minor birth parent is already represented by counsel. Requires the court to appoint a guardian ad litem in an adoption proceeding for each minor birth parent of the child sought to be adopted, unless the minor birth parent is already represented by counsel. Provides that the same guardian ad litem shall not represent both the minor birth mother and the minor birth father. Effective July 1, 2004.  Senate Rules   NOW OPPOSED
 

SB2895       Martinez                        Marriage Act-Child Support

Amends the Illinois Public Aid Code. Requires the Child and Spouse Support Unit to establish the Child Support Military Modification program that shall provide for modification of child support paid by any member of the National Guard or Reserves of the United States Armed Forces called up to military active duty for more than 30 continuous days. Requires the Illinois Department of Public Aid to publish and distribute a publication reasonably calculated to inform members of the National Guard and the Reserves of the United States Armed Forces of the Child Support Military Modification Program. Effective immediately.  Senate 2nd Readg-

NOW OPPOSED TO THIS BILL IN ITS ORIGINAL FORM

HB 4829      Soto                                 Marriage Act-Child Support

Amends the Marriage and Dissolution of Marriage Act. Requires the court to modify the child support and maintenance obligation of any member of the National Guard or Reserves of the United States Armed Forces who is called up to active duty, by the same proportion that the soldier's military pay falls below his or her civilian pay, provided that the motion for modification is filed within 180 days of the soldier's discharge from active duty. Provides that the modification shall be retroactive to the date that the soldier reported to active duty and shall continue until his or her discharge from active duty. Effective immediately. House Veterans Affairs Cmte

NOW OPPOSED
                            

HB3839       Grunloh                          Driver Privilege-Child Support

Amends the Illinois Vehicle Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, and the Illinois Parentage Act of 1984. Provides that if a driver is 90 or more days delinquent in payment of court ordered child support, the court shall (rather than may) suspend the person's driving privileges until the person comes into compliance with the support order. Provides that the court shall (rather than may) order that the person be issued a family financial responsibility driving permit to allow the person to drive for purposes of attending school (as well as for purposes of employment or medical care), if the person has no other means of transportation.  House Rules Committee
 

HB4742      Hamos                            Unified Parentage Act 2000

Creates the Uniform Parentage Act (2000). Provides rules for establishing a parent-child relationship, including rules for acknowledging and denying paternity. Requires the Department of Children and Family Services to establish a registry of paternity, and requires that men who have timely registered be given notice of a proceeding for adoption or for termination of parental rights. Provides that the intentional, unauthorized release of information from the registry is a Class B misdemeanor. Provides rules for the genetic testing of a person to determine parentage, and makes the intentional, unauthorized release of an identifiable specimen a Class B misdemeanor. Provides rules for proceedings to adjudicate parentage, and authorizes the issuance of a temporary order for child support. Provides rules for determining the parentage of a child of assisted reproduction. Provides for the regulation of gestational agreements. Repeals the Illinois Parentage Act and the Illinois Parentage Act of 1984. Amends other Acts to make conforming changes.  House Rules
 

Reproductive Rights/Women's Health

SB2423       Silverstein                     Ins Code-Infertility Coverage

Amends the Illinois Insurance Code. In provisions requiring infertility coverage for procedures for in vitro fertilization, gamete intrafallopian tube transfer, or zygote intrafallopian tube transfer only if certain conditions exist, requires that the covered individual has not undergone 6 (now 4) completed oocyte retrievals. Senate Rules
 

SB2461        Halvorson                      Human Rights-Sex-Pregnancy Disc.

Amends the Illinois Human Rights Act. In the definition of "sex", provides that: "because of sex" includes, but is not limited to, because of the perception of pregnancy, pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all areas covered by the Act, including receipt of benefits under fringe benefit programs in employment, as other persons not so affected but similar in their ability or inability to work.  Assigned to Senate Executive Subcommitee and Re-referred to Rules

SB2581        Obama                           Health Care Justice Act

Creates the Health Care Justice Act. Provides that by July 1, 2007, the State of Illinois shall implement a health care access plan that provides access to a full range of preventive, acute, and long-term health care services and contains other features. Establishes the Adequate Health Care Task Force with members appointed by the Governor. Provides for public hearings and requires a final report from the Task Force by March 15, 2006. Requires enactment of legislation by December 31, 2006. Effective July 1, 2004.  Senate 2nd Reading-amended
 

SB2631        Jones, John                     Born Alive Infant Defined

Amends the Statute on Statutes. Defines "born-alive infant" to include every infant member of the species homo sapiens who is born alive at any stage of development. Defines "born alive" to mean the complete expulsion or extraction from the mother of an infant, at any stage of development, who after that expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. Provides that a live child born as a result of an abortion shall be fully recognized as a human person and accorded immediate protection under the law. Effective immediately.  Senate Rules

NOW OPPOSED

SB2632        Jones, John                    Abortion-Requirements

Amends the Illinois Abortion Law of 1975. Provides that no abortion procedure that, in the medical judgment of the attending physician, has a reasonable likelihood of resulting in a live born child shall be undertaken unless there is in attendance a physician other than the physician performing or inducing the abortion who shall address the child's viability and provide medical care for the child. Provides that a physician inducing an abortion that results in a live born child shall provide for the soonest practicable attendance of a physician other than the physician performing or inducing the abortion to immediately assess the child's viability and provide medical care for the child. Provides that a live child born as a result of an abortion shall be fully recognized as a human person and that all reasonable measures consistent with good medical practice shall be taken to preserve the life and health of the child. Effective immediately.   Senate Rules  NOW OPPOSED
 

SB2633        Jones, John                   Induced Birth Infant Liability Act

Creates the Induced Birth Infant Liability Act. Provides that it is the intent of the General Assembly to protect the life of a child born alive as a the result of an induced labor abortion. Provides that a parent of the child or the public guardian of the county in which a child was born alive after an induced labor abortion or any other abortion has a cause of action against any hospital, health care facility, or health care provider that fails to provide medical care for the child after birth. Establishes the Neonatal Care and Perinatal Hospice Fund. Provides that, if a child does not survive, any remaining proceeds of an action shall be deposited into the Fund. Provides that the moneys in the Fund shall be used, subject to appropriation, for neonatal care or perinatal hospice. Amends the State Finance Act to create the Neonatal Care and Perinatal Hospice Fund.  Senate Rules   NOW OPPOSED
 

SB2729        Martinez                       Med Prac-Pelvic Exams

Amends the Medical Practice Act of 1987. Provides that a physician or a student undertaking a course of professional instruction or a clinical training program may not perform a pelvic examination on an anesthetized or unconscious female patient unless (1) the patient gave informed consent to the pelvic examination, (2) the performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination to be performed on the patient, or (3) in the case of an unconscious patient, the pelvic examination is required for diagnostic purposes.
Senate 2nd Reading

SB2744        Hunter                          Ins Bone Mass Osteoporosis

Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to require coverage for bone mass measurement and treatment of osteoporosis.  Senate 3rd Reading
 

SB2855        Winkel                          Born Alive Infant Defined

similar to SB2631      Senate Rules   NOW OPPOSED

SB2856        Winkel                          Abortion Law-Viability

Amends the Illinois Abortion Law of 1975. Provides that before a physician performs an abortion on a woman the physician has reason to believe is carrying a fetus of 20 or more weeks gestational age, the physician shall first determine if the fetus is viable by using and exercising that degree of care, skill, and proficiency commonly exercised by the ordinary skillful, careful, and prudent physician. Provides that an abortion of a viable fetus may be performed or induced only when there is in attendance a physician (other than the physician performing or inducing the abortion) who shall take control of and provide immediate medical care for any child born as a result of the abortion. Provides that an abortion shall not be performed when the fetus is viable except in a hospital, on an inpatient basis, with measures for life support available if the child is born alive. Provides exceptions in cases of medical emergencies. Provides that violations of these provisions are punishable as a Class 3 felony.  Senate Rules
NOW OPPOSED

SB3080        Jones, John                  Choose Life Plates Both are in Senate Rules

SB3089        Dillard                           Choose Life Plates NOW OPPOSED

HB5883        Hultgren                      Choose Life Plates 

Amends the Illinois Vehicle Code and the State Finance Act. Creates the Choose Life Fund as a special fund in the State treasury. Provides for the issuance of special Choose Life license plates. Provides that the Secretary of State shall confer with Illinois Choose Life, Inc. of Illinois regarding the design, color, and format of the plates. Provides that, in addition to normal original issuance and renewal fees, a $25 fee shall be charged for the special plates. Provides that $10 of the additional initial fee and $23 of the additional renewal fee shall be deposited into the Choose Life Fund, and $15 of the additional original fee and $2 of the additional renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that, subject to appropriation by the General Assembly and approval by the Secretary of State, all moneys in the Choose Life Fund shall be distributed on a pro-rated basis at the beginning of each fiscal year to all non-governmental, not-for-profit agencies whose services include counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. Establishes additional requirements for use of the moneys in the Fund. Effective immediately.
House State Government Committee     NOW OPPOSED

HB3933        Flowers                        Cert Prof Midwife Licensure

Creates the Certified Professional Midwife Licensure Act. Provides for licensure of persons providing midwifery services. Amends the Regulatory Sunset Act to repeal the new Act on January 1, 2015. Amends the Medical Practice Act of 1987 and the Nursing and Advanced Practice Nursing Act to provide that those Acts do not prohibit the practice of midwifery by persons licensed under the Certified Professional Midwives Licensure Act. Effective immediately    House Rules

HB4008/4770  Grunloh                         Born Alive Infant Defined

similar to SB2631 House Rules  NOW OPPOSED

HB4264        Parke                            Ins Cover Contraceptives

Amends the Illinois Insurance Code. In provisions pertaining to coverage for contraceptives, provides that nothing in those provisions shall be construed to require a church or religious denomination providing insurance policies that include coverage for outpatient services and outpatient prescription drugs or devices to provide coverage for the insured and any dependent of the insured covered by the policy for outpatient contraceptive services and outpatient contraceptive drugs and devices approved by the Food and Drug Administration if doing so would be contrary to the tenets of the church or religious denomination.  House Rules  NOW OPPOSED
 

HB4562        Delgado                        Health Care Justice Task Force

Creates the Health Care Justice Act. Provides that by July 1, 2007, the State of Illinois shall implement a health care access plan that provides access to a full range of preventive, acute, and long-term health care services and contains other features. Establishes the Adequate Health Care Task Force with members appointed by the Governor. Provides for public hearings and requires a final report from the Task Force by March 15, 2006. Requires enactment of legislation by December 31, 2006. Effective July 1, 2004.    House Rules
 

HB4643        Hultgren                      Women's Right to Know

Creates the Woman's Right to Know Act and amends the Medical Practice Act of 1987. Provides that an abortion shall not be performed or induced unless the woman has given her voluntary and informed consent, and states guidelines for determining whether a woman's consent is voluntary and informed. Requires the Department of Public Health to publish printed materials and an informational video concerning certain prenatal services. Requires a physician to inform a woman of the existence of a medical emergency that necessitates an immediate abortion to avert her death or serious injury. Effective 120 days after becoming law.  Human Services Committee  NOW OPPOSED
 

HB6577        Feigenholtz                  Emergency Contraception Drugs

Amends the Pharmacy Practice Act of 1987 and the Illinois Food, Drug and Cosmetics Act to allow pharmacists to initiate emergency contraception drug therapy without a prescription. Requires the pharmacist to provide the recipient of the emergency contraception drugs with a standardized fact sheet.  House 2nd Reading 
 

 Violence Against Women                

SB2469        Haine                            DV-Definition

Amends the Illinois Domestic Violence Act of 1986. Removes the definitions of "adult with disabilities" and "elder adult with disabilities". Provides that, under the definition of "family or household members", caregivers include former employees of facilities licensed or certified under the Nursing Home Care Act, the Assisted Living and Shared Housing Act, and the federal Social Security Act. Provides, under the definition of a "high-risk adult with disabilities", that a person may be an adult with disabilities for purposes of this Act even though he or she has never been adjudicated an incompetent adult. Provides that no court proceeding may be initiated or continued on behalf of an adult with disabilities over that adult's objection, unless the proceeding is approved by his or her legal guardian, if any. Effective immediately.  Passed Senate
 

SB2495        Cullerton                       Order of Protection (ICADV Bill)

Amends the Code of Criminal Procedure and the Illinois Domestic Violence Act. Requires that, in an emergency order of protection and an interim or plenary order of protection, specified language be stated.  Senate 2nd Reading
 

SB3132        Jones, John                  Firearms-Concealed Permits

Creates the Family and Personal Protection Act. Establishes statewide uniform standards for the issuance of permits to carry concealed firearms in this State. Vests in the Department of State Police, the authority to issue concealed firearms permits to qualified applicants. Requires an applicant to complete a training course in handgun use, safety, and marksmanship. Also requires instruction in the law relating to firearm use. Requires an applicant to be at least 21 years of age. Prohibits an applicant who has been convicted of a felony or has a history of mental illness, addiction, or habitual alcohol use from obtaining a permit. Creates the Citizen Safety and Self-Defense Trust Fund administered by the Department. The moneys in the Fund shall be used to administer the Act. Establishes restrictions on carrying concealed firearms. Establishes standards for the training course and for certifying instructors. Amends the Firearm Owners Identification Card Act. Provides that the Family and Personal Protection Act supersedes an ordinance of a unit of local government inconsistent with that Act. Prohibits a home rule unit from regulating the issuance of permits to carry concealed firearms. Amends the Criminal Code of 1961. Exempts from an unlawful use of weapons and aggravated unlawful use of weapons violation, persons who carry or possess firearms in accordance with the Family and Personal Protection Act. Effective immediately.  Senate Rules   NOW OPPOSED
 

HB4288        Poe                                Crim Corr DV-Fine 

Amends the Unified Code of Corrections. Increases the domestic violence fine and the sexual assault fine from $100 to $200.  House Judiciary II-Criminal Law Cmttee
 

HB4424        Gordon                         Sexual Assault Evidence

Amends the Sexual Assault Survivors Emergency Treatment Act and the Unified Code of Corrections. Provides that the statewide sexual assault evidence collection program shall also consist of comparing the collected evidence from a sexual assault with the genetic marker grouping analysis information maintained by the Department of State Police and with the information contained in the Federal Bureau of Investigation's National DNA database for the purpose of identifying and assisting in the prosecution of a person suspected of committing a sexual assault. Hse Judiciary II-Criminal Cmte
 

HB 4538        Bailey                        Crim Cde-Harassing Witness   (ICADV Bill)

Amends the Criminal Code of 1961. Provides that the offense of harassing a witness also applies to the harassment of a person or the family member of a person who was expected to serve as a witness but who was not called as a witness because the defendant pleaded guilty to the offense charged or because the charges against the defendant were dismissed. Effective immediately.   House 2nd Reading
 

HB4609        Collins                           Crime Victims Equal Treatment

Amends the Crime Victims Compensation Act. Provides that a victim of a crime of violence shall be treated equally with any other victim of a crime of violence. Provides that any compensation under the Act may not be reduced or denied to a victim because of his or her race, color, creed, national origin, sex, sexual orientation, or opinion on the death penalty. Effective immediately. House Rules
 

HB4739        Lyons                          Crim Cde-Sexual Assault (ICASA Bill)

Amends the Criminal Code of 1961. Eliminates the provision that a prosecution of a spouse of a victim for any violation by the victim's spouse for criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse is barred unless the victim reported the offense to a law enforcement agency or the State's Attorney's office within 30 days after the offense was committed, except when the court finds good cause for the delay. Jud II-Criminal Cmte
 

HB4771        Dugan                            Crim Cde-Sex Assault

Amends the Criminal Code of 1961. Eliminates the 48 hour time requirement after the collection of the sample in which an alleged sexual assault survivor must return to the hospital performing the sample analysis of all controlled substances and alcohol ingested by the alleged victim a signed written authorization in order to have the sample analysis performed. Effective immediately. Amended to provide that a sample analysis of a victim of sexual assault to determine if the person has been administered a controlled substance without his or her consent may not be performed unless the victim returns a signed written authorization within 30 days (rather than 48 hours) after the sample was collected.   House 3rd Reading
 

HB5012        Frichey     No Contact Order-Requirements (ICASA Bill)

Amends the Civil No Contact Order Act. Removes the definition of "abuse". Defines "stay away". Provides that the court shall provide, through the office of the clerk of the court, simplified forms for filing a petition (instead of simplified forms and clerical assistance to help with the writing and filing of a petition). Provides that the court may appoint counsel to represent the petitioner if the respondent is represented by counsel. Changes what a civil no contact order may contain. Provides that an emergency civil no contact order shall be issued by the court if it appears from the contents of the petition and the examination of the petitioner that the averments are sufficient to indicate nonconsensual sexual penetration by the respondent and to support the granting of relief under the issuance of the civil no contact order. Removes from the requirements that must be stated in the civil no contact order the name of each person (other than the victim) protected by the order and that the person is protected by the Act. Provides that, for emergency civil no contact orders, the order must state that the respondent may petition the court to reopen the order if he or she did not receive actual prior notice of the hearing and if the respondent alleges that he or she had a meritorious defense to the order or that the order or its remedy is not authorized by the Act. Makes other changes. Effective September 1, 2004.

House Rules Committee
 

HB 5061        Mendoza                    Sexual Assault Fine     (ICASA Bill)

Amends the Code of Criminal Procedure of 1963. Provides that the provision that a person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied on conviction of the offense shall be allowed a credit of $5 for each day incarcerated does not apply to a person incarcerated for sexual assault. Amends the Unified Code of Corrections. Includes the offenses of sexual exploitation of a child and ritualized abuse of a child in the definition of sexual assault for the purpose of the imposition of the fine for the commission or attempted commission of a sexual assault.    House Judiciary II-Criminal Law Committee
 

HB 5888        Osterman                     DV-Firearms

Amends the Domestic Violence Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Requires a person against whom an order of protection is issued to surrender all firearms in the person's possession during the period in which the order is in effect. Requires, upon the motion of the court or a party, the translation of an order of protection into the language of a non-English speaking party if he or she is not fluent enough in English to understand the order. Provides for the payment of the translation out of the funds of the county or out of funds assessed as court costs.   House Rules
 

HB6614        Hoffman                       Unemployment-Stalking

Amends the Unemployment Insurance Act. In provisions making an individual ineligible for benefits for leaving work voluntarily without good cause, creates an exception if the individual left work due to circumstances resulting from the individual being a victim of stalking. Effective immediately.  House Rules

HB6795        Osmond                        Crim Pro-Bail-DV

Amends the Code of Criminal Procedure of 1963. Prohibits a victim of domestic violence from furnishing any part of any security for bail in a criminal case or proceeding for any alleged repeat offender alleged to have caused the abuse against the victim and from acting as surety for the alleged repeat offender admitted to bail. Provides that the provision is applicable even if an order of protection has not been issued against the alleged repeat offender.  House Rules   NOW OPPOSED