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New laws

Tuesday, Feb 14, 2023 - Posted by Rich Miller

* Capitol News Illinois takes a look at some newly signed laws

House Bill 268, effective immediately, creates a framework for local governments to increase funding for local tourism projects in collaboration with hotels by creating local tourism districts.

Hotels can qualify for these tourism districts if they can shoulder half of the proposed costs. If petitioning hotels are approved, they can charge up to a 5 percent rate per-room per-night that will go toward a fund overseen by a state-certified local tourism bureau. […]

House Bill 1064, which takes effect Jan. 1, 2024, changes parole requirements for individuals convicted before they are 21 years old.

Under the new law, if those individuals are sentenced to a term of life in prison, they are eligible for a parole review after serving 40 or more years of their sentence

* More on HB1064 from Restore Justice…

Governor JB Pritzker signed Public Act 102-1128 (House Bill 1064) into law on Friday, February 10, abolishing life without the possibility of parole sentences for children in Illinois. This makes Illinois the 26th state (plus Washington D.C.) to end the use of these sentences for people younger than 18. Illinois’ law also makes our state a leader in sentencing reform by recognizing young people’s brain development and ensuring most people 18-20 are parole-eligible. Governor Pritzker signed the measure the same week legislators introduced a bill to make youthful parole retroactive.

“This has to be my proudest professional moment. Being a former ‘juvenile lifer’ and being part of an amazing team that pushed this legislation, it is so rewarding to know that legislators understand children can change and become productive members of society,” Restore Justice Program Director Wendell Robinson said.

Public Act 102-1128 builds on the 2019 Youthful Parole Law, which created the first new parole opportunities in Illinois since our state abolished parole in 1978. The most recent law extends parole review to young people sentenced to natural life in prison; this ensures no children 17 and younger can receive a life without parole sentence.

“Today, I am proud to be an Illinoisan. In Illinois, we care about our children. Recognizing that young people can grow and change recognizes their humanity; it is an act of mercy and kindness. Thank you Governor Pritzker and the Illinois legislators on both sides of the aisle that supported it,” said Julie Anderson, Restore Justice’s Outreach Director. Anderson’s son originally received a life without parole sentence for a youthful conviction.

Public Act 102-1128 passed with bipartisan support. In the House, Representatives Rita Mayfield (D-Waukegan) and Seth Lewis (R-Bartlett) sponsored the measure. “Even when a crime is particularly severe, it should be recognized that a legal minor with their whole life still ahead has the potential to be reformed,” Representative Mayfield said. “That’s why granting eligibility for a parole hearing after 40 years for those who are sentenced to life imprisonment before the age of 21 is the right thing to do. I recognize that victims and their families may have concerns, and I don’t blame them. However, in a nation like ours, prison should be a place where people have the opportunity to transform themselves and become better people and productive members of society. I believe that giving everyone a chance at redemption is a moral duty.”

Senate President Don Harmon (D-Oak Park) moved the measure through his chamber and also sponsored the 2019 Youthful Parole Law. “It’s a sliver of hope for an otherwise condemned person under 21 who maybe, just maybe, might redeem themself decades down the road and warrant consideration for a second chance at society,” President Harmon said after the bill passed through the Senate.

On the Senate floor, Senator Donald DeWitte (R-St. Charles) spoke forcefully in favor of redemption. “I consider myself a law-and-order Republican, but I also believe in rehabilitation. I believe there are some people who make extremely poor decisions in the very early portions of their lives who deserve consideration once they have met benchmarks and shown they are prepared to become contributing citizens after they have served their debt to society. For these people, we need to offer them hope and let them know we recognize that people can redeem themselves,” Senator DeWitte said.

“This new law builds on the national momentum to ensure no children or young adults are sentenced to die in prison without the opportunity to return home. Everyone deserves the opportunity for grace and redemption. No child should spend their life in prison,” Restore Justice Policy Director Rev. Lindsey Hammond said.

Also last week, now-Senator Seth Lewis introduced Senate Bill 2073. This bill would make the 2019 and 2023 youthful parole laws retroactive. If signed into law, SB 2073 would allow 523 people who are currently incarcerated the opportunity to immediately seek parole consideration. In total, 3,253 people (including the above 523) currently incarcerated people would be eligible for parole consideration at some future point in time.

* From the governor’s press release…

Bill Number: HB 0045
Description: Amends the Election Code surrounding Judicial Subcircuits.
Action: Signed
Effective: Immediately

Bill Number: HB 0268
Description: Creates the Tourism Preservation and Sustainability District Act.
Action: Signed
Effective: Immediately

Bill Number: HB 1064
Description: Abolishes life without parole for people under 21 years of age.
Action: Signed
Effective: January 1, 2024

Bill Number: HB 1563
Description: Amends the CMS Services Law of the Civil Administration Code to remove the preference for location of jobs in Sangamon County.
Action: Signed
Effective: Immediately

Bill Number: HB 1688
Description: Allows cars, vans, and other first division vehicles to operate as school buses under a Secretary of State permit.
Action: Signed
Effective: July 1, 2023.

Bill Number: HB 1859
Description: Amends the Cook County Forest Preserve Article of the Illinois Pension Code.
Action: Signed
Effective: June 1, 2023

Bill Number: HB 2369
Description: Amends the Department of Veterans’ Affairs Act regarding Veterans Assistance Commissions.
Action: Signed
Effective: Immediately

Bill Number: HB 2542
Description: Allows qualifying individuals who previously had a felony conviction to legally change their name.
Action: Signed
Effective: January 1, 2024

Bill Number: HB 2870
Description: Amends the Regional Water Commissions Division of the Illinois Municipal Code.
Action: Signed
Effective: Immediately

Bill Number: HB 3878
Description: Makes changes to the Rental Housing Support Program.
Action: Signed
Effective: July 1, 2023

Bill Number: HB 4228
Description: Amends the Decennial Committees on Local Government Efficiency Act.
Action: Signed
Effective: Immediately

Bill Number: HB 4245
Description: Amends the Illinois Plumbing License Law to ensure that lawn irrigation and lawn sprinkler system installation is well regulated in perpetuity past the current sunset date of January 1, 2024.
Action: Signed
Effective: Immediately

Bill Number: HB 5107
Description: Allows school principals to be eligible for collective bargaining exclusively in Chicago.
Action: Signed
Effective: Immediately

Bill Number: HB 5285
Description: Creates transparency in the process of hiring school principals in an effort to ensure schools have the necessary information to hire the most qualified candidate exclusively in Chicago.
Action: Signed
Effective: Immediately

Bill Number: HB 5542
Description: Makes various changes regarding the operations of the Illinois Joint Forces Foundation Fund.
Action: Signed
Effective: January 1, 2024

* More on HB2542 from Khadine Bennett, Advocacy and Intergovernmental Affairs Director at the ACLU of Illinois…

The bill moves Illinois closer to a fair, modern system regarding the ability of transgender and gender expansive individuals, as well as survivors of human trafficking and domestic violence to change their names. Survivors of human trafficking and transgender people too often are at risk simply because they do not have identity documents that align with their authentic selves. This is corrected under the new law.

Threats posed by daily interactions now will be relieved. This is good policy that increases safety for those who have been on the receiving end of these unnecessary and harmful laws. We thank the Governor for taking this important action.

Tribune

While opponents have argued the measure would allow felons to escape scrutiny and potentially commit more crimes, supporters maintained the legislation would protect transgender individuals who face discrimination, as well as victims of human trafficking who face danger from their abusers.

Under the new law, which takes effect Jan. 1, there is no longer a lifetime ban on name changes for people who have been convicted of identity theft, as well as for those on state registries for convictions on offenses that include murder, arson and various sex crimes. For all other felonies, the law lifts a 10-year waiting period from the completion of a sentence for people to change their names.

Judges will have the final word over approving name changes for people convicted of felonies that had been subject to the lifetime ban, and the measure would allow county prosecutors to object to those name-change petitions. In those cases, the petitioners would have to convince judges that they want to change their name because they’re transgender, were victims of human trafficking, for religious reasons or because they got married.

* More on HB5285 From Sen. Cristina H. Pacione-Zayas…

To provide more transparency and due process in the current hiring process for principals in the Chicago Public School system, State Senator Cristina H. Pacione-Zayas, in collaboration with Chicago Principals and Administrators Association, introduced a new initiative to grant Local School Councils (LSC) access to the universe of qualified applicants for these vital positions—ensuring viable candidates are not overlooked, and underqualified applicants are not chosen over their peers.

“Current policies have caused some schools to hire administrators who did not meet the roles and expectations set, and this legislation will help address those issues,” said Senator Pacione-Zayas (D-Chicago). “Administrators lead and determine how schools operate, so by ensuring that each school can see the full scope of applicants, we are providing greater access to select those best qualified for the position.”

Currently, aspiring principals face rigorous standards to be licensed by the state and must go through a second eligibility determination process when applying to Chicago Public Schools. After passing this unclear vetting process, candidates interested in a particular school must submit their credentials to the entire CPS system for the first round of vetting, not the school they are interested in.

Additionally, LCSs do not get to look over the entire candidate pool, and only have access to the group CPS advances, even if other candidates were also eligible. This has led to issues in many schools in the CPS system, including a principal being hired who was not fluent in a language of instruction at a two-way bilingual school which compromised the principal’s primary function of evaluating teachers in the language of instruction. The lack of transparency in the current CPS hiring process did not grant the LSC full view of other potential candidates who may have been fluent in the languages of instruction.

To address this and other oversights, this legislation increases transparency for principal eligibility applicants by making public the rubric and scoring threshold for passing each step in the process, allows for due process when candidates do not advance to the next stage of evaluation, and gives Local School Councils access to the entire eligible pool of candidates. These protections give LSCs a more diverse pool of candidates to select from—some of whom may be more qualified to be leaders in schools than the narrower pool that CPS may have advanced. Further, it allows greater opportunity for equity by informing candidates of deficiencies and resources for professional improvement. Senator Pacione-Zayas is confident this change will make the hiring process work better not just for aspiring principals, but also for students, educators, and the wider school community.

“Students and school communities lose out when great leaders are arbitrarily excluded from eligibility,” Troy LaRaviere, President of the Chicago Principals and Administrators Association, said. “On behalf of the 1100 men and women who lead Chicago’s public schools, I thank all of the General Assembly members for passing HB 5285, which will bring more transparency to the hiring process.”

“Principals and administrators play a meaningful role in the success of our schools and students and are arguably the primary driver of positive school outcomes and success,” Pacione-Zayas said. “Our students and faculty deserve to know the process applicants undergo, and Local School Councils should have access to the full list of eligible candidates to review as they pick who is best fit for the job as principal.”

       

3 Comments
  1. - hisgirlfriday - Tuesday, Feb 14, 23 @ 1:31 pm:

    I’m normally sympathetic to criminal justice reforms but I strongly dislike this name change reform.

    There are already means for restorative justice through things like pardons or record expunging.

    Can’t escape the feeling that people are going to get hurt by letting ID thieves and sex offenders change their names more easily.

    It’s unfortunate if a trans person who happens to have committed those crimes can’t escape their deadname because of a past conviction but much more unfortunate if innocent members of the public are victimized by someone the system had already ID’d as a threat to the public but then let them disguise their threat level based on circumstances without public safety in mind


  2. - Pot calling kettle - Tuesday, Feb 14, 23 @ 2:35 pm:

    HB 4245 reminded me of this Steve Martin gem: https://youtu.be/yX27AfOEYGc


  3. - Rich Miller - Tuesday, Feb 14, 23 @ 3:42 pm:

    PCK, thanks for the memories.


Sorry, comments for this post are now closed.


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