Bill Text: IL HB3099 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Illinois Trust Act. Provides that no law enforcement agency may detain or continue to detain any individual solely on the basis of any immigration detainer or administrative warrant, or otherwise comply with an immigration detainer or administrative warrant, after that individual becomes eligible for release from custody. Provides that a law enforcement official or other law enforcement agency personnel shall not give an immigration agent access to an individual or allow an immigration agent to use law enforcement agency facilities for investigative interviews or other investigative purposes; transfer a person into an immigration agent's custody; permit federal Immigration Custom Enforcement agents use of agency facilities, information, or equipment, including an agency's electronic database for investigative interviews or other investigative purpose or for purposes of executing an immigration enforcement operation; or respond to immigration agent inquiries regarding an individual's incarceration status, release date, or contact information except insofar as the agency makes that information available to the public. Amends the Police Training Act. Requires the Illinois Law Enforcement Training Standards Board to conduct or approve a training program on federal U and T nonimmigrant visas and other federal immigration remedies for immigrant victims of qualifying criminal activity. Amends the Juvenile Court Act of 1987. Makes changes in provisions concerning special immigrant juvenile status. Amends the Code of Criminal Procedure of 1963. Provides that no person subject to an immigration detainer or administrative warrant shall be denied bail solely on the basis of that immigration detainer or administrative warrant. Makes changes in provisions concerning post-conviction proceedings. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced) 2017-04-24 - Added Co-Sponsor Rep. Daniel J. Burke [HB3099 Detail]

Download: Illinois-2017-HB3099-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3099

Introduced , by Rep. Elizabeth Hernandez

SYNOPSIS AS INTRODUCED:
See Index

Creates the Illinois Trust Act. Provides that no law enforcement agency may detain or continue to detain any individual solely on the basis of any immigration detainer or administrative warrant, or otherwise comply with an immigration detainer or administrative warrant, after that individual becomes eligible for release from custody. Provides that a law enforcement official or other law enforcement agency personnel shall not give an immigration agent access to an individual or allow an immigration agent to use law enforcement agency facilities for investigative interviews or other investigative purposes; transfer a person into an immigration agent's custody; permit federal Immigration Custom Enforcement agents use of agency facilities, information, or equipment, including an agency's electronic database for investigative interviews or other investigative purpose or for purposes of executing an immigration enforcement operation; or respond to immigration agent inquiries regarding an individual's incarceration status, release date, or contact information except insofar as the agency makes that information available to the public. Amends the Police Training Act. Requires the Illinois Law Enforcement Training Standards Board to conduct or approve a training program on federal U and T nonimmigrant visas and other federal immigration remedies for immigrant victims of qualifying criminal activity. Amends the Juvenile Court Act of 1987. Makes changes in provisions concerning special immigrant juvenile status. Amends the Code of Criminal Procedure of 1963. Provides that no person subject to an immigration detainer or administrative warrant shall be denied bail solely on the basis of that immigration detainer or administrative warrant. Makes changes in provisions concerning post-conviction proceedings. Makes other changes. Effective immediately.
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A BILL FOR

HB3099LRB100 11030 SLF 21269 b
1 AN ACT concerning immigration.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Illinois Trust Act.
6 Section 5. Legislative intent. It is the intent of the
7General Assembly that Act shall not be construed as providing,
8expanding, or ratifying the legal authority for any State or
9local law enforcement agency to detain an individual on an
10immigration detainer or administrative warrant or perform any
11other civil immigration enforcement function.
12 Section 10. Definitions. In this Act:
13 "Administrative warrant" means an immigration warrant of
14arrest, order to detain or release aliens, notice of custody
15determination, notice to appear, removal order, warrant of
16removal, or any other document issued by an immigration agent
17that can form the basis for an individual's arrest or detention
18for a civil immigration enforcement purpose. "Administrative
19warrant" does not mean a warrant issued by a criminal court
20upon a determination of probable cause and in compliance with
21the requirements of the Fourth Amendment to the United States
22Constitution and Article I, Section 6 of the Illinois

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1Constitution.
2 "Certification" means any law enforcement certification or
3statement required by federal immigration law including, but
4not limited to, the information required by Section 1184(p) of
5Title 8 of the United States Code (including current United
6States Citizenship and Immigration Service Form I-918,
7Supplement B, or any successor forms) for purposes of obtaining
8a U visa, or by Section 1184(o) of Title 8 of the United States
9Code (including current United States Citizenship and
10Immigration Service Form I-914, Supplement B, or any successor
11forms) for purposes of obtaining a T visa.
12 "Certifying agency" means a State or local law enforcement
13agency, prosecutor, or other authority that has responsibility
14for the investigation or prosecution of criminal activity
15including any agency that has criminal investigative
16jurisdiction in its respective areas of expertise specifically
17including the Department of Labor, the Department of Children
18and Family Services, the Department of Human Services, and the
19Workers' Compensation Commission of this State. "Certifying
20agency" does not include any State court.
21 "Citizenship or immigration status" means all matters
22regarding questions of citizenship of the United States or
23another country, the authority to reside in or otherwise be
24present in the United States, the time or manner of a person's
25entry into the United States, or any other civil immigration
26matter enforced by the federal Department of Homeland Security

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1or other federal agency charged with the enforcement of civil
2immigration laws.
3 "Coerce" means to use express or implied threats towards a
4person or any family member of a person that attempts to put
5the person in immediate fear of those consequences in order to
6compel that person to act against his or her will.
7 "Contact information" means home address, work address,
8telephone number, electronic mail address, social media
9information, or any other personal identifying information
10that could be used as a means to contact an individual.
11 "Eligible for release from custody" means that the
12individual may be released from custody because one of the
13following conditions has occurred:
14 (1) all criminal charges against the individual have
15 been dropped or dismissed;
16 (2) the individual has been acquitted of all criminal
17 charges filed against him or her;
18 (3) the individual has served all the time required for
19 his or her sentence;
20 (4) the individual has posted a bond; or
21 (5) the individual is otherwise eligible for release
22 under State or local law.
23 "Family member" means a person's (i) mother, father,
24spouse, brother or sister (including blood, step, or half), son
25or daughter (including blood, step, or half), father-in-law,
26mother-in-law, daughter-in-law, son-in-law, brother-in-law,

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1sister-in-law, grandparent or grandchild; or (ii) a
2court-appointed legal guardian or a person for whom the person
3is a court-appointed legal guardian; or (iii) a domestic
4partner or the domestic partner's mother, father, brother or
5sister (including blood, step, or half), or son or daughter
6(including blood, step, or half).
7 "Immigration agent" means an agent of federal Immigration
8and Customs Enforcement or federal Customs and Border
9Protection, an individual authorized to conduct enforcement of
10civil immigration laws under Section 1357(g) of Title 8 of the
11United States Code or any other federal law, any other federal
12agent charged with enforcement of civil immigration laws, or
13any successor.
14 "Immigration detainer" means a document issued by an
15immigration agent to a federal, State, or local law enforcement
16agency that requests that the law enforcement agency provide
17notice of release or maintain custody of a person based on an
18alleged violation of a civil immigration law, including
19detainers issued under Section 287.7 of Title 8 of the United
20States Code or Section 236.1 of the Code of Federal
21Regulations.
22 "Immigration enforcement operation" means an operation
23that has as one of its objectives the identification or
24apprehension of a person or persons: (1) in order to subject
25them to civil immigration detention, removal proceedings, and
26removal from the United States, or (2) to criminally prosecute

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1a person or persons for offenses related to immigration status,
2including but not limited to violations of Sections 1253, 1304,
31306(a) and (b), 1325, or 1326 of Title 8 of the United States
4Code.
5 "Law enforcement agency" means an agency in this State
6charged with enforcement of State, county, or municipal laws or
7with managing custody of detained persons in the State,
8including municipal police departments, sheriff's departments,
9campus police departments, the Department of State Police, and
10the Department of Juvenile Justice.
11 "Law enforcement official" means an officer or other agent
12of a State or local law enforcement agency authorized to
13enforce criminal laws, rules, regulations, or local ordinances
14or to operate jails, correctional facilities, or juvenile
15detention facilities or to maintain custody of individuals in
16jails, correctional facilities, or juvenile detention
17facilities.
18 "Qualifying criminal activity" means an activity involving
19one or more of the following or any similar activity in
20violation of federal, State, or local criminal law: rape;
21torture; trafficking; incest; domestic violence; sexual
22assault; abusive sexual contact; prostitution; sexual
23exploitation; female genital mutilation; being held hostage;
24peonage; involuntary servitude; slave trade; kidnapping;
25abduction; unlawful criminal restraint; false imprisonment;
26blackmail; extortion; manslaughter; murder; felonious assault;

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1witness tampering; obstruction of justice; perjury; fraud in
2foreign labor contracting (as defined in Section 1351 of Title
318 of the United States Code); or attempt, conspiracy, or
4solicitation to commit any of the above mentioned crimes.
5"Qualifying criminal activity" also means criminal activity
6that has an articulable similarity to any activity listed under
7this definition, but is not specifically listed. "Qualifying
8criminal activity" also means any qualifying criminal activity
9that occurs during the commission of non-qualifying criminal
10activity, regardless of whether or not criminal prosecution was
11sought for the qualifying criminal activity.
12 "Verbal abuse" means the use of a remark which is overtly
13insulting, mocking, or belittling that is directed at a person
14based upon the actual or perceived: (1) race, color, sex,
15religion, national origin, English proficiency, sexual
16orientation, or gender identity of that person, or (2)
17citizenship or immigration status of that person or that
18person's family member.
19 "Victim of qualifying criminal activity" means an
20individual who:
21 (1) has reported qualifying criminal activity to a law
22 enforcement agency or certifying agency;
23 (2) has otherwise participated in the detection,
24 investigation, or prosecution of qualifying criminal
25 activity;
26 (3) has suffered direct or proximate harm as a result

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1 of the commission of any qualifying criminal activity
2 including, but not limited to, any indirect victim,
3 regardless of the direct victim's immigration or
4 citizenship status, who is the direct victim's spouse or
5 child under 21 years of age, or who is the direct victim's
6 parents or unmarried siblings under 18 years of age of the
7 direct victim if the direct victim is under 21 years of
8 age, deceased, incompetent, or incapacitated; or
9 (4) was a victim of a severe form of trafficking in
10 persons as defined in Section 7102 of Title 22 of the
11 United States Code and Section 10-9 of the Criminal Code of
12 2012.
13 Bystander victim may also be considered as a "victim of
14qualifying criminal activity". More than one victim may be
15identified and provided with certification depending upon the
16circumstances. For purposes of this definition of "victim of
17qualifying criminal activity," the term "incapacitated" means
18unable to interact with law enforcement agency or certifying
19agency personnel as a result of a cognitive impairment or other
20physical limitation, or because of physical restraint or
21disappearance.
22 Section 15. Prohibited immigration enforcement activities;
23exceptions.
24 (a) No law enforcement agency may detain or continue to
25detain an individual solely on the basis of an immigration

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1detainer or administrative warrant or otherwise comply with an
2immigration detainer or administrative warrant after that
3individual becomes eligible for release from custody.
4 (b) A law enforcement official shall not stop, arrest,
5search, detain, or continue to detain a person solely based on
6an individual's citizenship or immigration status or on an
7administrative warrant entered into the Federal Bureau of
8Investigation's National Crime Information Center database, or
9any successor or similar database maintained by the United
10States.
11 (c) A law enforcement agency shall not enter into an
12agreement under Section 1357(g) of Title 8 of the United States
13Code or any other federal law that permits State or local
14governmental entities to enforce federal civil immigration
15laws.
16 (d) A law enforcement agency shall not be permitted to
17accept requests by immigration agents or other agencies to
18support or assist in any capacity with immigration enforcement
19operations, including, but not limited to, requests to provide
20information on persons that may be the subject of immigration
21enforcement operations, except as may be required under
22subsection (g) of this Section, to establish traffic
23perimeters, or to otherwise be present to assist or support an
24operation.
25 (e) Except as provided in subsection (f) of this Section, a
26law enforcement official or other law enforcement agency

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1personnel shall not:
2 (1) give an immigration agent access to an individual
3 or allow an immigration agent to use law enforcement agency
4 facilities for investigative interviews or other
5 investigative purposes;
6 (2) transfer a person into an immigration agent's
7 custody;
8 (3) permit federal Immigration Custom Enforcement
9 agents use of agency facilities, information, except as may
10 be required under subsection (g) of this Section, or
11 equipment, including an agency's electronic database for
12 investigative interviews or other investigative purpose or
13 for purposes of executing an immigration enforcement
14 operation; or
15 (4) respond to immigration agent inquiries regarding a
16 person's incarceration status, release date, or contact
17 information except insofar as the agency makes that
18 information available to the public.
19 (f) If an immigration agent presents to a law enforcement
20official or law enforcement agency a valid and properly issued
21criminal warrant related to the investigation or prosecution of
22a criminal offense, including offenses provided for in the laws
23of another state or federal law, or the immigration agent
24otherwise demonstrates that he or she is engaged in the
25investigation or prosecution of a criminal offense, the law
26enforcement official or law enforcement agency may conduct any

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1of the activities listed in subsection (e) of this Section or
2otherwise communicate or coordinate with an immigration agent
3solely for assisting that specific purpose.
4 (g) Nothing in this Section prohibits a State or local
5entity or official from sending to, or receiving from, any
6local, State, federal agency, information regarding an
7individual's citizenship or immigration status. All law
8enforcement agencies shall instruct their officials that
9federal law does not allow this prohibition. "Information
10regarding an individual's citizenship or immigration status,"
11for purposes of this subsection, means a statement of the
12individual's country of citizenship or a statement of the
13individual's immigration status.
14 (h) Subsections (a), (d), (e), (f), and (g) of this Section
15shall not apply to the Department of Corrections.
16 (i) Nothing in this Section shall be construed as
17restricting any expenditure or activity necessary to the
18performance by the State, any local unit of government, or any
19law enforcement or other agency, official, employee, or agent
20of any obligations under any contract between the State, a
21local unit of government, and the agency and federal officials
22regarding the use of a facility to detain individuals in
23federal immigration removal proceedings.
24 Section 20. Prohibited activities related to immigration
25detention facilities. Notwithstanding subsection (i) of

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1Section 15 of this Act, no State, local unit of government, or
2agency shall be permitted to contract with a private for-profit
3vendor or contractor for the provision of services, other than
4ancillary services as defined under the Section 3 of Private
5Correctional Facility Moratorium Act, relating to the
6operation or management of a facility to detain individuals in
7federal immigration removal proceedings, or to approve any
8permits, zoning changes, or other measures required for, or to
9otherwise facilitate the construction, operation, or
10management of such a facility.
11 Section 25. Other prohibited activities; verbal abuse and
12coercion. A law enforcement agency or law enforcement official
13shall not:
14 (a) coerce a person based upon the person's actual or
15perceived citizenship or immigration status or the actual or
16perceived citizenship or immigration status of the person's
17family member;
18 (b) communicate a threat to deport that person or any
19family member of that person under circumstances that
20reasonably tend to produce a fear that the threat will be
21carried out; or
22 (c) otherwise subject a person to verbal abuse as defined
23by Section 10 of this Act.
24 Section 30. Certifications for victims of qualifying

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1criminal activity.
2 (a) A certifying agency shall execute a certification
3requested by a victim of qualifying criminal activity or
4representative of the victim including, but not limited to, the
5victim's attorney, accredited representative, or domestic
6violence service provider, within 90 days of receiving the
7request. If the victim seeking certification is in federal
8immigration removal proceedings, then the certifying agency
9shall execute the certification no later than 14 days after the
10request is received by the agency. If the victim or the
11victim's children would lose any benefits under Sections
121184(p) and 1184(o) of Title 8 of the United States Code by
13virtue of having reached the age of 21 years within 90 days
14after the certifying agency receives the certification
15request, then the certifying agency shall execute the
16certification no later than 14 days before the date on which
17the victim or child would reach the age of 21 years. Requests
18for expedited certification shall be affirmatively raised by
19the victim or representative of the victim.
20 (b) If a certifying agency fails to certify within the time
21limit prescribed in subsection (a) of this Section or a victim
22of qualifying criminal activity or representative of the victim
23disputes the content of a certification, then the victim of
24qualifying criminal activity may bring an action in circuit
25court to seek certification or amend the certification. The
26court shall award court costs and reasonable attorneys' fees to

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1any person who brings a proceeding brought under this
2subsection (b) who prevails. Nothing in this subsection (b)
3shall limit a State judge's authority to execute a
4certification outside the procedures established by this
5Section.
6 (c) The head of each certifying agency or a designated
7agent who performs a supervisory role within the certifying
8agency shall:
9 (1) respond to requests for certifications as required
10 by this Section;
11 (2) provide outreach to victims of qualifying criminal
12 activity to inform them of the agency's certification
13 process; and
14 (3) keep written records of all certification requests
15 and responses, which shall be reported to the Illinois
16 Trust Act Compliance Board on an annual basis.
17 (d) A certifying agency shall reissue any certification
18within 90 days of receiving a request from the victim of
19qualifying criminal activity or representative of the victim
20including, but not limited to, the victim's attorney,
21accredited representative, or domestic violence service
22provider.
23 (e) Notwithstanding any other provision of this Section, a
24certifying agency's completion of a certification shall not be
25considered sufficient evidence to show the victim has met the
26eligibility requirements for a U or T visa under federal law

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1and completion of a certification by a certifying agency shall
2not be construed to guarantee that a victim will receive
3federal immigration relief. It is the exclusive responsibility
4of federal immigration officials to determine whether a victim
5of qualifying criminal activity is eligible for a U or T visa.
6Completion of a certification by a certifying agency merely
7verifies factual information relevant to the immigration
8benefit sought including information relevant for federal
9immigration officials to determine eligibility for a U or T
10visa. By completing a certification, the certifying agency
11attests that the information is true and correct to the best of
12the certifying official's knowledge. If after completion of a
13certification, the victim unreasonably refuses to assist in the
14investigation or prosecution of the qualifying criminal
15activity of which he or she is a victim, then the certifying
16agency may notify the United States Citizenship and Immigration
17Service in writing.
18 (f) All certifying agencies not subject to the training
19requirements established in Section 10.17 of the Illinois
20Police Training Act shall adopt a training program on federal U
21and T nonimmigrant visas and other remedies for immigrant
22victims of qualifying criminal activity.
23 (g) All certifying agencies shall adopt and implement a
24language access protocol for non-English speaking victims of
25qualifying criminal activity.

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1 Section 35. Equal access to educational, rehabilitative,
2and diversionary programs in the criminal justice system.
3 Neither the Department of Corrections nor any law
4enforcement agency may consider an immigration detainer or
5administrative warrant in determining an individual's
6eligibility or placement in any educational, rehabilitative,
7or diversionary program described in Chapter 730 of the
8Illinois Compiled Statutes or any other educational,
9rehabilitative, or diversionary program administered by a law
10enforcement agency.
11 Section 40. Compliance Board; oversight.
12 (a) The Governor shall appoint, with the advice and consent
13of the Senate, an Illinois Trust Act Compliance Board within 90
14days after the effective date of this Act. The Board shall
15consist of 13 members serving terms of 3 years, and the members
16shall elect their chairperson. No more than 7 members shall be
17of the same political party. All appointments shall be made in
18writing and filed with the Secretary of State as a public
19record.
20 (b) The Board shall consist of the following members:
21 (1) one representative of the Governor's office;
22 (2) one representative of the Attorney General's
23 office;
24 (3) one representative of the Illinois Legislative
25 Latino Caucus;

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1 (4) one representative of law enforcement from the
2 Chicago Police Department;
3 (5) one representative of law enforcement from Cook
4 County;
5 (6) 2 representatives of law enforcement from outside
6 of Cook County;
7 (7) one representative that advocates for immigrants
8 in the Latino and Hispanic community in this State;
9 (8) one representative that advocates for immigrants
10 in the Asian American community in this State;
11 (9) one representative that advocates for immigrants
12 in the African, Arab, or Muslim American community in this
13 State;
14 (10) one representative that advocates for immigrant
15 in this State;
16 (11) 2 representatives that advocate for immigrant
17 victims of domestic violence in this State;
18 (c) This Board shall be charged with the following
19responsibilities:
20 (1) monitoring compliance with this Act;
21 (2) disseminating information about this Act to
22 affected communities and the general public;
23 (3) establishing mechanisms by which the public can
24 report concerns and recommendations regarding
25 implementation of this Act;
26 (4) identifying implementation issues and other trends

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1 to provide recommendations to the Governor and the Attorney
2 General for addressing these issues;
3 (5) conducting research regarding sharing personally
4 identifiable information between law enforcement agencies
5 and federal Immigration and Customs Enforcement, including
6 but not limited to, research regarding:
7 (A) requests for or investigations involving
8 personally identifiable information by law enforcement
9 agencies and officials,
10 (B) sharing of information and data posted in the
11 Law Enforcement Agencies Database System (LEADS) or
12 any other State administered database to which
13 immigration agents have access,
14 (C) immigration agents' use of the LEADS database
15 or any other State administered database, and
16 (D) the impact of the requests, investigations,
17 and sharing and use of information on relations between
18 law enforcement agencies and immigrant communities;
19 (6) conducting additional research as may be
20 necessary, including, but not limited to, requesting and
21 disseminating data from law enforcement agencies relevant
22 to this Act and this Act's impact on law enforcement
23 agencies, police-community relations, affected
24 communities, and the State overall;
25 (7) publishing a report of its activities not less than
26 once each calendar year; and

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1 (8) any other responsibilities relating to this Act as
2 the Board may identify.
3 Section 45. Private right of action.
4 (a) A person may bring an action in State circuit court to
5challenge any law enforcement official or agency for failure to
6fully comply with this Act. If there is a judicial finding that
7a law enforcement official or agency has violated this Act,
8then the court shall order that the law enforcement official or
9agency pay a civil penalty of not less than $1,000 and not more
10than $5,000 for each instance that the law enforcement official
11or agency has violated this Act.
12 (b) The court shall collect the civil penalty prescribed in
13subsection (a) and remit the civil penalty to the Crime Victim
14Services Division of the Office of the Attorney General for use
15in its programs to assist victims of crime.
16 (c) The court may award court costs and reasonable
17attorneys' fees to any person who prevails by an adjudication
18on the merits in a proceeding brought under this section.
19 (d) Except in relation to matters in which a law
20enforcement officer is adjudged to have acted in bad faith, a
21law enforcement officer shall be indemnified by the law
22enforcement agency for reasonable costs and expenses,
23including attorneys' fees, incurred by an officer in connection
24with any action, suit, or proceeding brought under this section
25in which the officer may be a defendant by reason of the

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1officer being or having been a member of the law enforcement
2agency.
3 Section 50. The Illinois Police Training Act is amended by
4adding Section 10.17-5 as follows:
5 (50 ILCS 705/10.17-5 new)
6 Sec. 10.17-5. Training; federal nonimmigrant visas. The
7Illinois Law Enforcement Training Standards Board shall
8conduct or approve a training program on federal U and T
9nonimmigrant visas and other federal immigration remedies for
10immigrant victims of qualifying criminal activity as defined in
11Section 10 of the Illinois Trust Act. Each law enforcement
12agency's continuing education program shall provide to the head
13of the agency and the agency's certifying agent, as designated
14under subsection (c) of Section 30 of the Illinois Trust Act,
15continuing education concerning federal U and T nonimmigrant
16visas, and continuing education concerning cultural diversity
17awareness.
18 Section 55. The Juvenile Court Act of 1987 is amended by
19changing Section 2-4a as follows:
20 (705 ILCS 405/2-4a)
21 Sec. 2-4a. Special Immigrant Juvenile Status Special
22immigrant minor.

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1 (a) (Blank). Except as otherwise provided in this Act, a
2special immigrant minor under 18 years of age who has been made
3a ward of the court may be deemed eligible by the court for
4long-term foster care due to abuse, neglect, or abandonment and
5remain under the jurisdiction of the juvenile court until his
6or her special immigrant juvenile status and adjustment of
7status applications are adjudicated. The petition filed on
8behalf of the special immigrant minor must allege that he or
9she otherwise satisfies the prerequisites for special
10immigrant juvenile status pursuant to 8 U.S.C. Section
111101(a)(27)(J) and must state the custodial status sought on
12behalf of the minor.
13 (a-5) Upon filing of a petition on behalf of an immigrant
14minor alleging that the minor satisfies the prerequisites for
15special immigrant juvenile status under 8 U.S.C.
161101(a)(27)(J) and stating the custodial status sought on
17behalf of the minor, (b) For the purposes of this Section, a
18juvenile court shall declare the may make a finding that a
19special immigrant minor a dependent of the court, order that an
20immigrant minor be placed under the custody of an appropriate
21State agency, or order that an immigrant minor be placed with
22an individual or entity appointed by the State or the court, is
23eligible for long term foster care if the court makes the
24following findings:
25 (1) That a reasonable diligent search for one or both
26 of the biological parents or , prior adoptive parents, or

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1 prior legal guardians has been conducted; and
2 (2) That reunification with one or both of the minor's
3 biological parents or prior adoptive parents is not a
4 viable option due to abuse, neglect, abandonment, or other
5 similar basis; and .
6 (3) That it would not be in the immigrant minor's best
7 interest to be returned to the minor's or parent's previous
8 country of nationality or country of last habitual
9 residence.
10 (b) An immigrant minor for whom the court makes the
11necessary findings under subsection (a-5) shall remain under
12the jurisdiction of the court until his or her special
13immigrant juvenile status and adjustment of status
14applications are adjudicated by the United States Citizenship
15and Immigration Services or its successor agency with such
16responsibilities.
17 (c) For the purposes of this Section:
18 (1) The terms "neglected or abused minor" and
19 "dependent minor" as described in Sections 2-3 and 2-4 of
20 the Act shall include a minor under the age of 21 years.
21 (2) The term "abandonment" means any occasion when a
22 biological or adoptive the failure of a parent whether
23 intentionally, negligently, or due to a physical or mental
24 disability, fails or legal guardian to maintain a
25 reasonable degree of interest, concern, or responsibility
26 for the welfare of his or her minor child or when a

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1 diligent search has been conducted and one parent is not
2 located or one parent has died ward.
3 (2) (Blank). The term "special immigrant minor" means
4 an immigrant minor who (i) is present in the United States
5 and has been made a ward of the court and (ii) for whom it
6 has been determined by the juvenile court or in an
7 administrative or judicial proceeding that it would not be
8 in his or her best interests to be returned to his or her
9 previous country of nationality or country of last habitual
10 residence.
11 (d) (Blank). This Section does not apply to a minor who
12applies for special immigrant minor status solely for the
13purpose of qualifying for financial assistance for himself or
14herself or for his or her parents, guardian, or custodian.
15(Source: P.A. 93-145, eff. 7-10-03.)
16 Section 60. The Cannabis Control Act is amended by changing
17Section 10 as follows:
18 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
19 Sec. 10. (a) Whenever any person who has not previously
20been convicted of, or placed on probation or court supervision
21for, any offense under this Act or any law of the United States
22or of any State relating to cannabis, or controlled substances
23as defined in the Illinois Controlled Substances Act, pleads
24guilty to or is found guilty of violating Sections 4(a), 4(b),

HB3099- 23 -LRB100 11030 SLF 21269 b
14(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
2entering a judgment and with the consent of such person,
3sentence him to probation.
4 (b) When a person is placed on probation, the court shall
5enter an order specifying a period of probation of 24 months,
6and shall defer further proceedings in the case until the
7conclusion of the period or until the filing of a petition
8alleging violation of a term or condition of probation.
9 (c) The conditions of probation shall be that the person:
10(1) not violate any criminal statute of any jurisdiction; (2)
11refrain from possession of a firearm or other dangerous weapon;
12(3) submit to periodic drug testing at a time and in a manner
13as ordered by the court, but no less than 3 times during the
14period of the probation, with the cost of the testing to be
15paid by the probationer; and (4) perform no less than 30 hours
16of community service, provided community service is available
17in the jurisdiction and is funded and approved by the county
18board.
19 (d) The court may, in addition to other conditions, require
20that the person:
21 (1) make a report to and appear in person before or
22 participate with the court or such courts, person, or
23 social service agency as directed by the court in the order
24 of probation;
25 (2) pay a fine and costs;
26 (3) work or pursue a course of study or vocational

HB3099- 24 -LRB100 11030 SLF 21269 b
1 training;
2 (4) undergo medical or psychiatric treatment; or
3 treatment for drug addiction or alcoholism;
4 (5) attend or reside in a facility established for the
5 instruction or residence of defendants on probation;
6 (6) support his dependents;
7 (7) refrain from possessing a firearm or other
8 dangerous weapon;
9 (7-5) refrain from having in his or her body the
10 presence of any illicit drug prohibited by the Cannabis
11 Control Act, the Illinois Controlled Substances Act, or the
12 Methamphetamine Control and Community Protection Act,
13 unless prescribed by a physician, and submit samples of his
14 or her blood or urine or both for tests to determine the
15 presence of any illicit drug;
16 (8) and in addition, if a minor:
17 (i) reside with his parents or in a foster home;
18 (ii) attend school;
19 (iii) attend a non-residential program for youth;
20 (iv) contribute to his own support at home or in a
21 foster home.
22 (e) Upon violation of a term or condition of probation, the
23court may enter a judgment on its original finding of guilt and
24proceed as otherwise provided.
25 (f) Upon fulfillment of the terms and conditions of
26probation, the court shall discharge such person and dismiss

HB3099- 25 -LRB100 11030 SLF 21269 b
1the proceedings against him.
2 (g) A disposition of probation is considered to be a
3conviction for the purposes of imposing the conditions of
4probation and for appeal, however, discharge and dismissal
5under this Section is not a conviction for purposes of
6disqualification or disabilities imposed by law upon
7conviction of a crime (including the additional penalty imposed
8for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
9of this Act).
10 (h) Discharge and dismissal under this Section, Section 410
11of the Illinois Controlled Substances Act, Section 70 of the
12Methamphetamine Control and Community Protection Act, Section
135-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
14subsection (c) of Section 11-14 of the Criminal Code of 1961 or
15the Criminal Code of 2012 may occur only once with respect to
16any person.
17 (i) If a person is convicted of an offense under this Act,
18the Illinois Controlled Substances Act, or the Methamphetamine
19Control and Community Protection Act within 5 years subsequent
20to a discharge and dismissal under this Section, the discharge
21and dismissal under this Section shall be admissible in the
22sentencing proceeding for that conviction as a factor in
23aggravation.
24 (j) Notwithstanding subsection (a), before a person is
25sentenced to probation under this Section, the court may refer
26the person to the drug court established in that judicial

HB3099- 26 -LRB100 11030 SLF 21269 b
1circuit pursuant to Section 15 of the Drug Court Treatment Act.
2The drug court team shall evaluate the person's likelihood of
3successfully completing a sentence of probation under this
4Section and shall report the results of its evaluation to the
5court. If the drug court team finds that the person suffers
6from a substance abuse problem that makes him or her
7substantially unlikely to successfully complete a sentence of
8probation under this Section, then the drug court shall set
9forth its findings in the form of a written order, and the
10person shall not be sentenced to probation under this Section,
11but may be considered for the drug court program.
12 (k) In any case in which a person is sentenced to probation
13under this Section and has performed satisfactorily during the
14period in which probation was granted and any criminal charge
15against that person was discharged and dismissed under this
16Section, the court shall, upon request of the defendant, permit
17the defendant to withdraw the plea of guilty or nolo contendere
18and enter a plea of not guilty, and the court shall dismiss the
19complaint or information against the defendant. If court
20records showing the case resolution are no longer available,
21the person's declaration, under penalty of perjury, that the
22charges were dismissed after he or she completed the
23requirements for probation, shall be presumed to be true if the
24person has submitted a copy of his or her summary of criminal
25history information maintained by the Department of Justice
26that either shows that the defendant successfully completed the

HB3099- 27 -LRB100 11030 SLF 21269 b
1probation or that the record is incomplete in that it does not
2show a final disposition. For purposes of this Section, a final
3disposition means that the summary of criminal history
4information shows either a dismissal after completion of the
5probation or a sentence after termination of the probation.
6(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
7 Section 65. The Illinois Controlled Substances Act is
8amended by changing Section 410 as follows:
9 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
10 Sec. 410. (a) Whenever any person who has not previously
11been convicted of, or placed on probation or court supervision
12for any offense under this Act or any law of the United States
13or of any State relating to cannabis or controlled substances,
14pleads guilty to or is found guilty of possession of a
15controlled or counterfeit substance under subsection (c) of
16Section 402 or of unauthorized possession of prescription form
17under Section 406.2, the court, without entering a judgment and
18with the consent of such person, may sentence him or her to
19probation.
20 (b) When a person is placed on probation, the court shall
21enter an order specifying a period of probation of 24 months
22and shall defer further proceedings in the case until the
23conclusion of the period or until the filing of a petition
24alleging violation of a term or condition of probation.

HB3099- 28 -LRB100 11030 SLF 21269 b
1 (c) The conditions of probation shall be that the person:
2(1) not violate any criminal statute of any jurisdiction; (2)
3refrain from possessing a firearm or other dangerous weapon;
4(3) submit to periodic drug testing at a time and in a manner
5as ordered by the court, but no less than 3 times during the
6period of the probation, with the cost of the testing to be
7paid by the probationer; and (4) perform no less than 30 hours
8of community service, provided community service is available
9in the jurisdiction and is funded and approved by the county
10board.
11 (d) The court may, in addition to other conditions, require
12that the person:
13 (1) make a report to and appear in person before or
14 participate with the court or such courts, person, or
15 social service agency as directed by the court in the order
16 of probation;
17 (2) pay a fine and costs;
18 (3) work or pursue a course of study or vocational
19 training;
20 (4) undergo medical or psychiatric treatment; or
21 treatment or rehabilitation approved by the Illinois
22 Department of Human Services;
23 (5) attend or reside in a facility established for the
24 instruction or residence of defendants on probation;
25 (6) support his or her dependents;
26 (6-5) refrain from having in his or her body the

HB3099- 29 -LRB100 11030 SLF 21269 b
1 presence of any illicit drug prohibited by the Cannabis
2 Control Act, the Illinois Controlled Substances Act, or the
3 Methamphetamine Control and Community Protection Act,
4 unless prescribed by a physician, and submit samples of his
5 or her blood or urine or both for tests to determine the
6 presence of any illicit drug;
7 (7) and in addition, if a minor:
8 (i) reside with his or her parents or in a foster
9 home;
10 (ii) attend school;
11 (iii) attend a non-residential program for youth;
12 (iv) contribute to his or her own support at home
13 or in a foster home.
14 (e) Upon violation of a term or condition of probation, the
15court may enter a judgment on its original finding of guilt and
16proceed as otherwise provided.
17 (f) Upon fulfillment of the terms and conditions of
18probation, the court shall discharge the person and dismiss the
19proceedings against him or her.
20 (g) A disposition of probation is considered to be a
21conviction for the purposes of imposing the conditions of
22probation and for appeal, however, discharge and dismissal
23under this Section is not a conviction for purposes of this Act
24or for purposes of disqualifications or disabilities imposed by
25law upon conviction of a crime.
26 (h) There may be only one discharge and dismissal under

HB3099- 30 -LRB100 11030 SLF 21269 b
1this Section, Section 10 of the Cannabis Control Act, Section
270 of the Methamphetamine Control and Community Protection Act,
3Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
4or subsection (c) of Section 11-14 of the Criminal Code of 1961
5or the Criminal Code of 2012 with respect to any person.
6 (i) If a person is convicted of an offense under this Act,
7the Cannabis Control Act, or the Methamphetamine Control and
8Community Protection Act within 5 years subsequent to a
9discharge and dismissal under this Section, the discharge and
10dismissal under this Section shall be admissible in the
11sentencing proceeding for that conviction as evidence in
12aggravation.
13 (j) Notwithstanding subsection (a), before a person is
14sentenced to probation under this Section, the court may refer
15the person to the drug court established in that judicial
16circuit pursuant to Section 15 of the Drug Court Treatment Act.
17The drug court team shall evaluate the person's likelihood of
18successfully completing a sentence of probation under this
19Section and shall report the results of its evaluation to the
20court. If the drug court team finds that the person suffers
21from a substance abuse problem that makes him or her
22substantially unlikely to successfully complete a sentence of
23probation under this Section, then the drug court shall set
24forth its findings in the form of a written order, and the
25person shall not be sentenced to probation under this Section,
26but may be considered for the drug court program.

HB3099- 31 -LRB100 11030 SLF 21269 b
1 (k) In any case in which a person is sentenced to probation
2under this Section and has performed satisfactorily during the
3period in which probation was granted, and any criminal charge
4against that person was discharged and dismissed pursuant to
5this Section, the court shall, upon request of the defendant,
6permit the defendant to withdraw the plea of guilty or nolo
7contendere and enter a plea of not guilty, and the court shall
8dismiss the complaint or information against the defendant. If
9court records showing the case resolution are no longer
10available, the person's declaration, under penalty of perjury,
11that the charges were dismissed after he or she completed the
12requirements for probation, shall be presumed to be true if the
13person has submitted a copy of his or her summary of criminal
14history information maintained by the Department of Justice
15that either shows that the defendant successfully completed the
16probation or that the record is incomplete in that it does not
17show a final disposition. For purposes of this Section, a final
18disposition means that the summary of criminal history
19information shows either a dismissal after completion of the
20probation or a sentence after termination of the probation.
21(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
22 Section 70. The Code of Criminal Procedure of 1963 is
23amended by changing Sections 113-8, 122-1, and 122-2.1 and by
24adding Section 110-5.2 as follows:

HB3099- 32 -LRB100 11030 SLF 21269 b
1 (725 ILCS 5/110-5.2 new)
2 Sec. 110-5.2. No person subject to an immigration detainer
3or administrative warrant shall be denied bail solely on the
4basis of that immigration detainer or administrative warrant.
5Nothing in this Section may be construed to undermine the
6authority of a court to make a bail or bond determination under
7this Article.
8 (725 ILCS 5/113-8)
9 Sec. 113-8. Advisement concerning status as an alien.
10Before the acceptance of a plea of guilty, guilty but mentally
11ill, or nolo contendere to a misdemeanor or felony offense, the
12court shall give the following advisement to the defendant in
13open court:
14 "If you are not a citizen of the United States, you are
15hereby advised that conviction of the offense for which you
16have been charged may have the consequences of deportation,
17exclusion from admission to the United States, or denial of
18naturalization under the laws of the United States.".
19 Nothing in this Section shall be construed to authorize or
20direct any court to request that the defendant state his or her
21immigration or citizenship status or to require that the
22defendant provide that information.
23(Source: P.A. 93-373, eff. 1-1-04.)
24 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)

HB3099- 33 -LRB100 11030 SLF 21269 b
1 Sec. 122-1. Petition in the trial court.
2 (a) Any person convicted or adjudicated delinquent of an
3offense punishable by a sentence of imprisonment or another
4form of detention imprisoned in the penitentiary may institute
5a proceeding under this Article if the person asserts that:
6 (1) in the proceedings which resulted in his or her
7 conviction or delinquency adjudication there was a
8 substantial denial of his or her rights under the
9 Constitution of the United States or of the State of
10 Illinois or both; or
11 (2) the death penalty was imposed and there is newly
12 discovered evidence not available to the person at the time
13 of the proceeding that resulted in his or her conviction
14 that establishes a substantial basis to believe that the
15 defendant is actually innocent by clear and convincing
16 evidence.
17 (a-5) A proceeding under paragraph (2) of subsection (a)
18may be commenced within a reasonable period of time after the
19person's conviction or delinquency adjudication
20notwithstanding any other provisions of this Article. In such a
21proceeding regarding actual innocence, if the court determines
22the petition is frivolous or is patently without merit, it
23shall dismiss the petition in a written order, specifying the
24findings of fact and conclusions of law it made in reaching its
25decision. Such order of dismissal is a final judgment and shall
26be served upon the petitioner by certified mail within 10 days

HB3099- 34 -LRB100 11030 SLF 21269 b
1of its entry.
2 (b) The proceeding shall be commenced by filing with the
3clerk of the court in which the conviction or delinquency
4adjudication took place a petition (together with a copy
5thereof) verified by affidavit. Petitioner shall also serve
6another copy upon the State's Attorney by any of the methods
7provided in Rule 7 of the Supreme Court. The clerk shall docket
8the petition for consideration by the court pursuant to Section
9122-2.1 upon his or her receipt thereof and bring the same
10promptly to the attention of the court.
11 (c) (Blank). Except as otherwise provided in subsection
12(a-5), if the petitioner is under sentence of death and a
13petition for writ of certiorari is filed, no proceedings under
14this Article shall be commenced more than 6 months after the
15conclusion of proceedings in the United States Supreme Court,
16unless the petitioner alleges facts showing that the delay was
17not due to his or her culpable negligence. If a petition for
18certiorari is not filed, no proceedings under this Article
19shall be commenced more than 6 months from the date for filing
20a certiorari petition, unless the petitioner alleges facts
21showing that the delay was not due to his or her culpable
22negligence.
23 Except as otherwise provided in subsection (a-5) of this
24Section When a defendant has a sentence other than death, no
25proceedings under this Article shall be commenced more than 6
26months after the conclusion of proceedings in the United States

HB3099- 35 -LRB100 11030 SLF 21269 b
1Supreme Court, unless the petitioner alleges facts showing that
2the delay was not due to his or her culpable negligence. If a
3petition for certiorari is not filed, no proceedings under this
4Article shall be commenced more than 6 months from the date for
5filing a certiorari petition, unless the petitioner alleges
6facts showing that the delay was not due to his or her culpable
7negligence. If a defendant does not file a direct appeal, the
8post-conviction petition shall be filed no later than 3 years
9from the date of conviction or delinquency adjudication, unless
10the petitioner alleges facts showing that the delay was not due
11to his or her culpable negligence.
12 This limitation does not apply to a petition advancing a
13claim of actual innocence.
14 (d) A person seeking relief by filing a petition under this
15Section must specify in the petition or its heading that it is
16filed under this Section. A trial court that has received a
17petition complaining of a conviction, delinquency
18adjudication, or sentence that fails to specify in the petition
19or its heading that it is filed under this Section need not
20evaluate the petition to determine whether it could otherwise
21have stated some grounds for relief under this Article.
22 (e) A proceeding under this Article may not be commenced on
23behalf of a defendant who has been sentenced to death without
24the written consent of the defendant, unless the defendant,
25because of a mental or physical condition, is incapable of
26asserting his or her own claim.

HB3099- 36 -LRB100 11030 SLF 21269 b
1 (f) Only one petition may be filed by a petitioner under
2this Article without leave of the court. The determination as
3to whether to grant leave of court shall be made prior to or
4contemporaneously with any order made under paragraph (2) of
5subsection (a) or subsection (b) of Section 122-2.1 of this
6Article without pleadings from the State. Leave of court may be
7granted only if a petitioner demonstrates:
8 (1) cause for his or her failure to bring the claim in
9 his or her initial post-conviction proceedings and
10 prejudice results from that failure; or
11 (2) that there has been a fundamental miscarriage of
12 justice.
13 For purposes of this subsection (f):
14 (1) a petitioner demonstrates prisoner shows cause by
15 adequately pleading that identifying an identified
16 objective factor that impeded his or her ability to raise a
17 specific claim during his or her initial post-conviction
18 proceedings; and
19 (2) a petitioner demonstrates prisoner shows prejudice
20 by adequately pleading demonstrating that the claim not
21 raised during his or her initial post-conviction
22 proceedings so infected the trial that the resulting
23 conviction or sentence violated due process; and
24 (3) a petitioner demonstrates a fundamental
25 miscarriage of justice by adequately pleading that there is
26 newly discovered evidence that establishes a substantial

HB3099- 37 -LRB100 11030 SLF 21269 b
1 basis to believe that the petitioner is actually innocent
2 by clear and convincing evidence.
3(Source: P.A. 93-493, eff. 1-1-04; 93-605, eff. 11-19-03;
493-972, eff. 8-20-04.)
5 (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
6 Sec. 122-2.1. (a) Within 90 days after the filing and
7docketing of each petition, the court shall examine the such
8petition and enter an order thereon under pursuant to this
9Section.
10 (1) If the petitioner is under sentence of death and is
11 without counsel and alleges that he is without means to
12 procure counsel, he shall state whether or not he wishes
13 counsel to be appointed to represent him. If appointment of
14 counsel is so requested, the court shall appoint counsel if
15 satisfied that the petitioner has no means to procure
16 counsel.
17 (2) If the petitioner is sentenced to imprisonment and
18 the court determines the petition is frivolous or is
19 patently without merit, it shall dismiss the petition in a
20 written order, specifying the findings of fact and
21 conclusions of law it made in reaching its decision. This
22 Such order of dismissal is a final judgment and shall be
23 served upon the petitioner by certified mail within 10 days
24 of its entry.
25 (b) If the petition is not dismissed under pursuant to this

HB3099- 38 -LRB100 11030 SLF 21269 b
1Section, the court shall order the petition to be docketed for
2further consideration in accordance with Sections 122-4
3through 122-6. If the petitioner is under sentence of death,
4the court shall order the petition to be docketed for further
5consideration and hearing within one year of the filing of the
6petition. Continuances may be granted as the court deems
7appropriate.
8 (c) In considering a petition under pursuant to this
9Section, the court may examine the court file of the proceeding
10in which the petitioner was convicted, any action taken by an
11appellate court in that such proceeding and any transcripts of
12that such proceeding.
13(Source: P.A. 93-605, eff. 11-19-03.)
14 Section 75. The Probation and Probation Officers Act is
15amended by changing Section 12 as follows:
16 (730 ILCS 110/12) (from Ch. 38, par. 204-4)
17 Sec. 12. The duties of probation officers shall be:
18 (1) To investigate as required by Section 5-3-1 of the
19"Unified Code of Corrections", approved July 26, 1972, as
20amended, the case of any person to be placed on probation. Full
21opportunity shall be afforded a probation officer to confer
22with the person under investigation when such person is in
23custody.
24 (2) To notify the court of any previous conviction for

HB3099- 39 -LRB100 11030 SLF 21269 b
1crime or previous probation of any defendant invoking the
2provisions of this Act.
3 (3) All reports and notifications required in this Act to
4be made by probation officers shall be in writing and shall be
5filed by the clerk in the respective cases.
6 (4) To preserve complete and accurate records of cases
7investigated, including a description of the person
8investigated, the action of the court with respect to his case
9and his probation, the subsequent history of such person, if he
10becomes a probationer, during the continuance of his probation,
11which records shall be open to inspection by any judge or by
12any probation officer pursuant to order of court, but shall not
13be a public record, and its contents shall not be divulged
14otherwise than as above provided, except upon order of court;
15provided that nothing in this Section shall be construed to
16require or direct any probation officer to (i) inquire to the
17federal Department of Homeland Security regarding the
18citizenship or immigration status of a person or (ii) provide
19to the federal Department of Homeland Security any personal
20information regarding that person, unless otherwise required
21by law.
22 (5) To take charge of and watch over all persons placed on
23probation under such regulations and for such terms as may be
24prescribed by the court, and giving to each probationer full
25instructions as to the terms of his release upon probation and
26requiring from him such periodical reports as shall keep the

HB3099- 40 -LRB100 11030 SLF 21269 b
1officer informed as to his conduct.
2 (6) To develop and operate programs of reasonable public or
3community service for any persons ordered by the court to
4perform public or community service, providing, however, that
5no probation officer or any employee of a probation office
6acting in the course of his official duties shall be liable for
7any tortious acts of any person performing public or community
8service except for wilful misconduct or gross negligence on the
9part of the probation officer or employee.
10 (7) When any person on probation removes from the county
11where his offense was committed, it shall be the duty of the
12officer under whose care he was placed to report the facts to
13the probation officer in the county to which the probationer
14has removed; and it shall thereupon become the duty of such
15probation officer to take charge of and watch over said
16probationer the same as if the case originated in that county;
17and for that purpose he shall have the same power and authority
18over said probationer as if he had been originally placed in
19said officer's charge; and such officer shall be required to
20report in writing every 6 months, or more frequently upon
21request the results of his supervision to the probation officer
22in whose charge the said probationer was originally placed by
23the court.
24 (8) To authorize travel permits to individuals under their
25supervision unless otherwise ordered by the court.
26 (9) To perform such other duties as are provided for in

HB3099- 41 -LRB100 11030 SLF 21269 b
1this act or by rules of court and such incidental duties as may
2be implied from those expressly required.
3 (10) To send written notification to a public housing
4agency if a person on probation for a felony who is under the
5supervision of the probation officer informs the probation
6officer that he or she has resided, resides, or will reside at
7an address that is a housing facility owned, managed, operated,
8or leased by that public housing agency.
9 (11) If a person on probation for a felony offense who is
10under the supervision of the probation officer becomes a
11resident of a facility licensed or regulated by the Department
12of Public Health, the Illinois Department of Public Aid, or
13Illinois Department of Human Services, the probation officer
14shall within 3 days of the person becoming a resident, notify
15the licensing or regulating Department and licensed or
16regulated facility and shall provide the licensed or regulated
17facility and licensing or regulating Department with copies of
18the following:
19 (a) (blank);
20 (b) any applicable probation orders and corresponding
21 compliance plans;
22 (c) the name and contact information for the assigned
23 probation officer.
24(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
25 Section 80. The Probate Act of 1975 is amended by changing

HB3099- 42 -LRB100 11030 SLF 21269 b
1Section 11-3 as follows:
2 (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
3 Sec. 11-3. Who may act as guardian.
4 (a) A person is qualified to act as guardian of the person
5and as guardian of the estate if the court finds that the
6proposed guardian is capable of providing an active and
7suitable program of guardianship for the minor and that the
8proposed guardian:
9 (1) has attained the age of 18 years;
10 (2) lives in is a resident of the United States;
11 (3) is not of unsound mind;
12 (4) is not an adjudged person with a disability as
13 defined in this Act; and
14 (5) has not been convicted of a felony, unless the
15 court finds appointment of the person convicted of a felony
16 to be in the minor's best interests, and as part of the
17 best interest determination, the court has considered the
18 nature of the offense, the date of offense, and the
19 evidence of the proposed guardian's rehabilitation. No
20 person shall be appointed who has been convicted of a
21 felony involving harm or threat to a child, including a
22 felony sexual offense.
23One person may be appointed guardian of the person and another
24person appointed guardian of the estate.
25 (b) The Department of Human Services or the Department of

HB3099- 43 -LRB100 11030 SLF 21269 b
1Children and Family Services may with the approval of the court
2designate one of its employees to serve without fees as
3guardian of the estate of a minor patient in a State mental
4hospital or a resident in a State institution when the value of
5the personal estate does not exceed $1,000.
6(Source: P.A. 99-143, eff. 7-27-15.)
7 Section 97. Severability. The provisions of this Act are
8severable under Section 1.31 of the Statute on Statutes.
9 Section 99. Effective date. This Act takes effect upon
10becoming law.

HB3099- 44 -LRB100 11030 SLF 21269 b
1 INDEX
2 Statutes amended in order of appearance