TIPS Legislation

This Truth in Public Saftey (TIPS) legislation for 2024 will reduce crime and provide peace of mind for Illinois families"

 

Pretrial Fairness Act

HB 5120 (Windhorst – Ugaste – Grant – Cabello) – 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.

HB 5121 (Friess – Grant – Ugaste) - 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.

 

Recruitment, Staffing and Training

HB 5122 (Ugaste – Grant) – 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.

HB 5123 (Cabello – Windhorst) – 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.

 

Criminal Code Changes

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

 

Miscellaneous

HB 5124 (Tipsword – Cabello) – 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 to be required to transport.

HB 5125 (Tipsword – Windhorst) – 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.

HB 5130 (Ugaste – Tipsword – Friess) – Release by Citation

  • Add class B misdemeanors to the exceptions for releasing by citation.

HB 5126 (Windhorst – Grant – Ugaste) - Warrant for failures to appear instead of summons.

  • Revert back to pre-SAFE-T Act processes where the court would issue a warrant for a defendant’s failure to appear in court.

HB 5127 (Cabello – Grant – Haas – Schmidt) - 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.

HB 4852 (McCombie – Windhorst – Cabello) – Community Protection Act

  • Requires IDOC to notify in writing the victim of the offense, the law enforcement agencies and state’s attorneys’ offices from county of conviction and the county where the offender expects to reside not less than 30 days before the person’s release.

 

Sheriffs Association Legislation

HB 5128 (Windhorst – Coffey) - 911 Boards

  • Add that the county sheriff must be a member of the Emergency Telephone System Board

HB 5129 (Ugaste – La Ha – Grant – Sanalitro – Haas) – Clear and Present Danger Notification

  • Require notice of clear and present danger to be sent to the local law enforcement agency not just ISP.

HB 5131 (Tipsword – Coffey – Rosenthal) – 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.

HB 5132 (Severin – Windhorst – Friess) – 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.

HB 5133 Grant – Ugaste – Haas – La Ha – Sanalitro) – 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.

HB 5134 (La Ha – Ugaste – Grant) – 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.