Legislation from the 104th General Assembly

Law Enforcement – Recruitment and Retention

  • HB 1036 (Cabello) Removes the ability to file anonymous complaints against officers. Add automatic expungement of the misconduct records where the officer has been found not to have committed any wrongdoing or the complaint was found to be frivolous. Deletes provision that an officer has no property right in their certification, thereby ensuring the officer is afforded due process. 103rd GA – HB 4046 (Cabello)

  • HB 1041 (Cabello) In use of force, adds “back” as a place where an officer can discharge kinetic impact projectiles or other non-lethal or less-lethal projectiles in a manner that targets the back. 103rd GA – HB 4047 (Cabello)

  • HB 1206 (Friess) Creates a loan repayment program for officers who are working in under-staffed areas. 103rd GA – HB 4048 (Friess)

  • HB 1403 (Ugaste) Appropriates $80,000,000 from the General Revenue Fund to the Law Enforcement Training Standards Board for deposit into the Law Enforcement Camera Grant Fund. 103rd GA – HB 1542 (Ugaste)

  • HB 49 (Friess) Provides that, in matters a sheriff deems essential to preventing or assisting with disasters or events of civil disorder, the sheriff may authorize plain clothes to be worn by auxiliary deputies. 103rd GA – HB 3354 (Friess)

  • HB 1023 (Cabello) Increases the percentage of moneys that are transferred from the Cannabis Regulation Fund to the Local Government Distributive Fund to 15%. Provides that money allocated to counties under those provisions shall be directed to a fund under the control of the Sheriff. 103rd GA – HB 3353 (Cabello)

  • HB 73 (Haas) Adds the taking or attempting to take a body camera from an officer to obstruction of the justice offense. 103rd GA – HB 1389 (Haas)

  • HB 1200 (Bunting – Sheehan) Back the Badge Program – Creates within the Illinois Law Enforcement Training Standards Board a Recruitment Division. To assist local law enforcement agencies establish recruitment plans. 103rd GA – HB 3217 (Bunting)

  • HB 1324 (Ugaste) Income tax credit for first responders. Creates a tax credit in the amount of $500 for a taxpayer who serves as a full-time police officer, firefighter, or rescue worker during the taxable year. 103rd GA – HB 5122 (Ugaste)

  • HB 1022 (Cabello) Improving hiring and training process. Requires ILETSB to adopt and amend all necessary rules and regulations to establish an annual basic recruit training program schedule that provides for the monthly enrollment of recruits into basic training schools that offer basic law enforcement or county corrections training approved by the Board. 103rd GA – HB 5123 (Cabello)

Victim Protection

  • HB 1455 (Grant – Vella) Creates the offense of domestic assault 103rd GA – HB 3357 (Grant). Note – HB 1578 (Vella – Grant) of 104th is identical.

  • HB 71 (Haas) Aggravated domestic battery by strangulation is a Class X offense. 103rd GA – HB 1387 (Haas)

  • HB 1044 (Cabello) Requires DNA collection at arrest instead of indictment or preliminary hearing for serious felonies including felony domestic battery. 103rd GA – HB 3352 (Cabello-Windhorst)

  • HB 74 (Haas) Sex offenders convicted of a felony sex offense are not eligible for probation. 103rd GA – HB 1390 (Haas)

  • HB 72 (Haas) Creation of habitual misdemeanant – for those people who have 3 or more pending charges for misdemeanor domestic battery, battery, violation of an order of protection, or criminal damage to property when the property belongs to a family or household member. 103rd GA – HB 1388 (Haas)

  • HB 75 (Haas) Makes it a Class 1 or Class X felony for a hate crime committed with a firearm or if the victim is under 18 years of age. 103rd GA – HB 3329 (Haas)

The Real Pre-Trial Fairness Act

  • HB 1404 (Ugaste) Reinstate cash bail as recommended by the IL SC commission report. Hybrid system that has a presumption of release but allows for cash bail or detention. 103rd GA – HB 4052 (Ugaste – Grant – Windhorst)

SAFE-T Act Trailers

  • HB 1477 (Windhorst) Three phone calls provision – adds protections for victims to the right to communicate and remove presumptions of inadmissibility and allows for it to be used in the totality of circumstances determination for voluntariness. Adds to the provision for release by citation that allows and officer to verify the identity of the accused. 103rd GA – HB 4053 (Windhorst)

  • HB 4000 (Tipsword) In body camera provisions, exempts undercover officers from the requirement of wearing body cameras, except they must wear body cameras when conducting interviews. Deletes prohibition on review of videos prior to writing reports. Adds the taking or attempting to take a body camera from an officer to obstruction of the justice offense. 103rd GA – HB 4050

  • HB 4006 (Friess) Removes day for day credit on EM, reinstates provisions that make it mandatory instead of permissive for consecutive sentencing. 103rd GA – HB 4049

  • HB 4001 (Tipsword – Windhorst) Clarifies the process for when a person is arrested on an out-of-county warrants. HB 4051 (Tipsword – Windhorst) of the 103rd

  • HB 4004 (Tipsword) – Out of county warrants. Require the county issuing the warrant to arrange transportation for the person in the arresting county. The arresting county is not required to transport. 103rd GA – HB 5124.

  • HB 4002 (Ugaste) – Release by Citation. Add class B misdemeanors to the exceptions for releasing by citation. 103rd GA – HB 5130 (Ugaste)

Pretrial Fairness Act

  • HB 1482 (Windhorst) Expansion of detainable offenses. Court may deny a defendant pretrial release if (1) the defendant is charged with a felony offense and it is alleged that the defendant’s pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; (2) the defendant is charged with a felony offense and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) it is alleged that the defendant’s pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. Burden at detention hearing is changed from clear and convincing evidence to preponderance of the evidence. 103rd GA – HB 5120 (Windhorst – Ugaste – Grant – Cabello)

  • HB 3425 (McCombie) Changes standard for detention of human traffickers to include whether they are a threat to the community.

  • HB 1208 (Friess) Revocation of Pretrial Release. A defendant on pretrial release for any offense shall have their pretrial release revoked if the defendant is charged with a new offense that occurred during their pretrial release, regardless of the classification of offense. Requires the state to file a motion for revocation or can be on the court’s own motion. 103rd GA – HB 5121 (Friess – Grant – Ugaste)

Miscellaneous

  • HB 78 (Haas) Increases penalties for aggravated fleeing or attempting to elude a police officer. 103rd GA – HB 1276 (Elik, Ugaste, Haas, Swanson, Severin)

  • HB 1407 (Ugaste) Adds to registerable offenses, home invasion if a sex offense was committed during the commission of the home invasion. 103rd GA – HB 3360 (Ugaste)

  • HB 1406 (Ugaste) Prohibits auto expungement for attempt to commit a disqualified offense, such as a sex offense, or Class 2 felony or higher. 103rd GA – HB 3359 (Ugaste)

  • HB 1740 (Tipsword) FOIA – Allow law enforcement agencies 15 days to respond to a FOIA involving body camera footage and an additional 15-day extension if necessary to complete the request. 103rd GA – HB 5125 (Tipsword)

  • HB 1483 (Windhorst) Warrant for failures to appear instead of summons. Revert to pre-SAFE-T Act processes where the court would issue a warrant for a defendant’s failure to appear in court. 103rd GA – HB 5126 (Windhorst)

  • HB 1035 (Cabello) Improve officer-worn camera grant process. The Governor’s Office of Management and Budget shall adopt rules pertaining to expedient and efficient processing of grants awarded to public safety agencies though the State’s awarding agencies, including those awards provided through ILETSB In accordance with the Grant Accountability and Transparency Act. 103rd GA – HB 5127 (Cabello)

  • HB 3406 (Sheehan) Provides that a vehicle is subject to forfeiture if it is used with the knowledge and consent of the owner in the commission of or in the attempt to commit the offense of fleeing or attempting to elude a police officer.

  • HB 3206 (Sheehan) Increases the penalty for fleeing or attempting to elude a peace officer from a Class A misdemeanor to a Class 4 felony, and, for a third or subsequent violation, from a Class 4 felony to a Class 3 felony.

  • HB 4005 (Tipsword) Requires each member of the General Assembly annually complete a ride-along and a simulation training program. 103rd GA – HB 3358 (Tipsword)

  • HB 4003 (Severin) Drones over prisons. Prohibits bringing in contraband by drone or flying drones over prisons and using drones to capture data or images of the prison. 103rd GA – HB 5132 (Severin)

  • HB 3999 (Grant) County Co-Responder Model – Allows county sheriffs to create a county co-responder model to work with social workers for victims who are in need of mental or behavioral health services. 103rd GA – HB 5133 (Grant)

Sheriffs Association Legislation

  • HB 2356 (Ugaste) Clear and Present Danger Notification. Require notice of clear and present danger to be sent to the local law enforcement agency not just ISP. 103rd GA – HB 5129 (Ugaste)


    HB 1743 (Tipsword – Cassidy) Timeline for DHS to remove an unfit person from county jail. Change language for unfit to stand trial to 20 days and add provision that requires payment by DHS to Sheriff for housing and caring for that individual after the 20th day and that the Sheriff shall not be held liable for any issues encountered after that day. 103rd GA – HB 5131 (Tipsword)

  • HB 1469 (La Ha) Human Trafficking Sex Offender Registration. Includes trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor in the definition of “sex offense” under the Act. 103rd GA – HB 5134 (La Ha)

SAFE-T Act Repeal

  • HB 1028 (Cabello) Full repeal of Safe-T Act