Legislative Update 10/22/2025
Public Act 103-0191:
Effective January 1, 2024, the Illinois General Assembly approved reform to criminal sentencing of minors, particularly victims of child sex trafficking. The bill is an expansion of an existing law known as “Sara’s Law” after Sara Kruzan, which requires the Prisoner Review Board to conduct a hearing with no less than three members to determine whether or not the minor shall be assigned mandatory supervised release.
The new law seeks to reduce the number of juveniles who are incarcerated and instead provide them with rehabilitative services in their communities. It also allows judges to consider factors such as age, maturity level, and family circumstances when determining sentences for minors. In addition, it provides more lenient sentences for those convicted of non-violent offenses.
Public Act 103-0717
(HB 5465): JUVENILE HUMAN TRAFFICKING VICTIM.
Effective January 1, 2025.
Amends the Juvenile Court Act of 1987. Provides that a trafficking victim, as defined in the human trafficking provisions of the Criminal Code of 2012, may petition for vacation and expungement or immediate sealing of his or her juvenile court records and juvenile law enforcement records relating to events that resulted in the victim's adjudication of delinquency for an offense if committed by an adult would be a violation of the criminal laws occurring before the victim's 18th birthday upon the completion of his or her juvenile court sentence if his or her participation in the underlying offense was a direct result of human trafficking under the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act.
Such criteria include:
• Minor’s welfare system involvement.
• Whether the minor was subjected to peer, familial, or other outside pressure or negative influences.
• And the minor’s degree of participation and role in the related offense.
Additionally, the amendments added new mitigation factors for determining appropriate sentencings of persons under the age of 18. Such factors include:
• History of domestic/sexual violence or exploitation.
• Adverse Childhood Experiences.
• Welfare system involvement.
• Community involvement.
• And any comprehensive mental health evaluation and the outcomes of the evaluation by qualified professionals.
Furthermore, to prioritize the rehabilitation of sex-crime victims under 18 who commit acts of violence against their abusers, Courts may now:
• Transfer the convicted person to juvenile court for sentencing.
• Depart from mandatory minimum, or enhanced sentencings; or
• Suspend a portion of a sentence.
Such action is appropriate if a court determines that the convicted minor committed the offense against an individual who had previously committed certain sex crimes under the Illinois Criminal Code of 2012 within the three years prior to the convicted minor’s offense.
Public Act 103-1037: CRIME VICTIMS COMPENSATION ACT.
Effective January 1, 2025.
Amends the Juvenile Court Act of 1987, specifically, 705 ILCS 405/5-905 was amended. It allows law enforcement agencies to disclose law enforcement reports and records to the Office of the Illinois Attorney General in accordance with the Crime Victims Compensation Act. If a law enforcement agency does not comply, the attorney general may issue subpoenas to compel it to produce records.
Public Act 103-0788
(HB 0255): CONSERVATION EDUCATION.
Effective January 1, 2025.
Establishes the Illinois Youth and Young Adult Conservation and Education Pilot Program. Provides that the Department of Natural Resources shall administer the program. Grants under this Act are limited to units of local government and non-profit entities located in the State of Illinois that provide conservation education and employment opportunities for youth and young adults of this state.
Also, provides that this program is subject to appropriation and adds education and internships to purposes within the program. Repeals this Act on June 30, 2029.
Public Act 103-0792
(HB 1168): SEXUAL ASSAULT EVIDENCE.
Effective January 1, 2025.
Provides that except in certain medical examiner or coroner investigations, whenever a person’s DNA profile is collected due to the person being a victim of a
crime, as identified by law enforcement, that specific profile collected in conjunction with that criminal investigation shall not be entered into any DNA database.
Provides that nothing in this provision shall be interpreted to contradict rules and regulations developed by the Federal Bureau of Investigation relating to the National DNA Index System or Combined DNA Index System.
Public Act 103-0949
(SB 3201): AUTISM TRAINING.
Effective January 1, 2025.
Provides that the Illinois Law Enforcement Training Standards shall develop or approve a course to assist law enforcement officers in identifying and appropriately responding to individuals with autism spectrum disorders. Modifies what may be included in the instruction in autism-informed responses, procedures and techniques.
Encourages the Board to adopt model policies to assist law enforcement agencies in appropriately responding to individuals with autism spectrum disorders. Further amends the Police Training Act. Provides that the minimum in-service training requirements that a law enforcement must complete every three years.
Public Act 103-0910
(SB 2662): YOUTH VAPING ADVERTISING.
Effective January 1, 2025.
Amends the Preventing Youth Vaping Act. Provides that a manufacturer, distributor or retailer may not advertise, market or promote an electronic cigarette in a manner that is likely to cause a person (rather than adult and aside from a parent, legal guardian or teacher) to mistake electronic cigarette for a product that is not a tobacco product.
Public Act 103-0813
(HB 4350): CHILD ABUSE NOTICE ACT.
Effective January 1, 2025.
Creates the Child Abuse Notice Act. Requires certain businesses and establishments, including, but not limited to, day care centers, elementary and secondary schools, bus stations and general acute care hospital emergency rooms, to post in a conspicuous place a notice developed by the Department of Children and Family
Services that is aimed toward children under 18 and provides information on what constitutes physical and sexual abuse and how to report such abuse.
Requires the notice to be at least 8 ½ inches by 11 inches in size, written in 16-point font, unless the notice is provided by electronic means.
Public Act 103-0806
(HB 4175): SCHOOL CD-NONPUBLIC DISCIPLINE.
Effective January 1, 2025.
Amends the Illinois School Code. Provides that a nonpublic school may not engage in slapping or paddling a student, forbids the prolonged maintenance of a student in a physically painful position, or the intentional infliction of bodily harm on a student. This bans corporal punishment in all schools. It ensures that discipline policies allow only reasonable force in specific situations, such as safety or emergencies, while explicitly prohibiting any form of corporal punishment under any circumstances.
This does not include permitted uses of physical restraint to prevent a student from harming themselves, others, or property.
Public Act 103-0806
(HB 4175): SCHOOL CD-NONPUBLIC DISCIPLINE.
Effective January 1, 2025.
Amends the Illinois School Code. Provides that a nonpublic school may not engage in slapping or paddling a student, forbids the prolonged maintenance of a student in a physically painful position, or the intentional infliction of bodily harm on a student. This bans corporal punishment in all schools. It ensures that discipline policies allow only reasonable force in specific situations, such as safety or emergencies, while explicitly prohibiting any form of corporal punishment under any circumstances.
This does not include permitted uses of physical restraint to prevent a student from harming themselves, others, or property.
Public Act 103-0875
(SB 0426):
Effective January 1, 2025.
Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice may establish and offer emerging adult programs for persons at least 18 years of age and under 22 years of age who are committed to the IDOC may be transferred to Department of Juvenile Justice facilities for purposes of participating in emerging adult programs provided that such transfers comply with the federal Juvenile Justice
and Delinquency Prevention Act of 1974 and the federal Prison Rape Elimination Act of 2003. There has to be written approval from the Director of Juvenile Justice and Department Corrections shall establish an intergovernmental agreement to govern eligibility criteria and transfer policies and procedures for persons at least 18 years old and under 22 years old.
Public Act 103-0624 (SB 2788): CHILD ABUSE REPORTS TO SCHOOL.
Effective January 1, 2025.
Amends the Abused and Neglected Child Reporting Act. Requires the Child Protective Service Unit to send a notification letter (rather than a copy of the Unit’s final finding report) to a child’s school following an investigation and finding of physical or sexual abuse. If an indicated finding is overturned in an appeal or hearing, DCFS shall request the notification letter (rather than final finding report) be purged from the student’s record in accordance with the Illinois School Student Records Act.
Requires the notification letter to provide the date of expungement from the central register. Removes provision requiring all reports made by mandated reporters to be confirmed in writing to the appropriate CPS Unit within 48 hours of the initial report.
Public Act 103-0765
(SB 2934): CRIMINAL CODE – HAZING
Amends the Criminal Code of 2012 to provide that it is not a defense to a prosecution for hazing that the person against whom the hazing was directed consented to or acquiesced in the hazing.
Public Act 103-0787
(SB 3463): JUVENILE AUTOMATIC EXPUNGEMENT
Amends the Juvenile Court Act of 1987. Provides that on the date that the juvenile is adjudicated delinquent, the juvenile court judge shall schedule a date to enter the automatic expungement order. Provides that the juvenile must be notified but shall not be required to be present for the scheduled court date when automatic expungement is to be ordered.
Public Act 103-0825 (HB 4623): SEXUALLY EXPLICIT DIGITAL IMAGE.
Effective January 1, 2025.
Amends the Criminal Code of 2012. Provides that "child pornography" includes the depiction of a part of an actual child under 18 who by manipulation, creation, or modification, appears to be engaged in sexual activity. Creates the offenses of obscene depiction of a purported child and non-consensual dissemination of sexually explicit digitized depictions. Defines offenses and provides criminal penalties for violations. Amends the Code of Criminal Procedure of 1963. Provides for the forfeiture to the State: (1) of any profits or proceeds and any property the person has acquired or maintained in violation of those offenses; (2) any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of those offenses; and (3) any computer that contains an obscene depiction of a purported child. Amends the Bill of Rights for Children. Provides that under certain conditions, the parent or legal guardian of a child who is the victim of obscene depiction of a purported child may make a victim's impact statement on the impact which the defendant's criminal conduct or the juvenile's delinquent conduct has had upon the child. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for specified violations of the offense of obscene depiction of a purported child. Provides for enhanced penalties for specified violations of obscene depiction of a purported child. Provides that the court shall impose a consecutive sentence when the defendant is convicted of specified violations of the offense of obscene depiction of a purported child. Amends the Sex Offender Registration Act to provide that a person convicted of obscene depiction of a purported child must register as a sex offender.
Public Act 103-0825 (HB 4623): SEXUALLY EXPLICIT DIGITAL IMAGE.
Effective January 1, 2025.
Amends the Criminal Code of 2012. Provides that "child pornography" includes the depiction of a part of an actual child under 18 who by manipulation, creation, or modification, appears to be engaged in sexual activity. Creates the offenses of obscene depiction of a purported child and non-consensual dissemination of sexually explicit digitized depictions. Defines offenses and provides criminal penalties for violations. Amends the Code of Criminal Procedure of 1963. Provides for the forfeiture to the State: (1) of any profits or proceeds and any property the person has acquired or maintained in violation of those offenses; (2) any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of those offenses; and (3) any computer that contains an obscene depiction of a purported child. Amends the Bill of Rights for Children. Provides that under certain conditions, the parent or legal guardian of a child who is
the victim of obscene depiction of a purported child may make a victim's impact statement on the impact which the defendant's criminal conduct or the juvenile's delinquent conduct has had upon the child. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for specified violations of the offense of obscene depiction of a purported child. Provides for enhanced penalties for specified violations of obscene depiction of a purported child. Provides that the court shall impose a consecutive sentence when the defendant is convicted of specified violations of the offense of obscene depiction of a purported child. Amends the Sex Offender Registration Act to provide that a person convicted of obscene depiction of a purported child must register as a sex offender.
