Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1991 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1991 Introduced 2/6/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: New Act55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 Creates the Victim Centered Approach Pilot Program Act. Provides that the Lake County State's Attorney shall develop a program to represent noncitizen victims of violent crimes in the filing of victim remedies before the United States Citizenship and Immigration Services Office administrative body. Provides that the Lake County State's Attorney shall use any funding provided to the pilot program to represent or give counsel to 50 noncitizen victims annually for the next 5 years who were victimized by violent crimes in Lake County. Provides that the to be eligible for assistance under the program, an individual must: (1) be a noncitizen victim, who has never been placed in removal proceedings; (2) have suffered a violent crime in Lake County; and (3) not be barred from the immigration remedies before the administrative body. Amends the Counties Code. Provides that, in counties with a population of more than 500,000, a State's Attorney may act, without fee or appointment, as an attorney to a noncitizen victim in an immigration case only if the noncitizen victim was victimized within the county the State's Attorney serves and is located within the geographic boundaries of the county served by the State's Attorney. LRB104 12156 RTM 22256 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1991 Introduced 2/6/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: New Act55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 New Act 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 Creates the Victim Centered Approach Pilot Program Act. Provides that the Lake County State's Attorney shall develop a program to represent noncitizen victims of violent crimes in the filing of victim remedies before the United States Citizenship and Immigration Services Office administrative body. Provides that the Lake County State's Attorney shall use any funding provided to the pilot program to represent or give counsel to 50 noncitizen victims annually for the next 5 years who were victimized by violent crimes in Lake County. Provides that the to be eligible for assistance under the program, an individual must: (1) be a noncitizen victim, who has never been placed in removal proceedings; (2) have suffered a violent crime in Lake County; and (3) not be barred from the immigration remedies before the administrative body. Amends the Counties Code. Provides that, in counties with a population of more than 500,000, a State's Attorney may act, without fee or appointment, as an attorney to a noncitizen victim in an immigration case only if the noncitizen victim was victimized within the county the State's Attorney serves and is located within the geographic boundaries of the county served by the State's Attorney. LRB104 12156 RTM 22256 b LRB104 12156 RTM 22256 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1991 Introduced 2/6/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
3	3	New Act55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 New Act 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
4	4	New Act
5	5	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
6	6	Creates the Victim Centered Approach Pilot Program Act. Provides that the Lake County State's Attorney shall develop a program to represent noncitizen victims of violent crimes in the filing of victim remedies before the United States Citizenship and Immigration Services Office administrative body. Provides that the Lake County State's Attorney shall use any funding provided to the pilot program to represent or give counsel to 50 noncitizen victims annually for the next 5 years who were victimized by violent crimes in Lake County. Provides that the to be eligible for assistance under the program, an individual must: (1) be a noncitizen victim, who has never been placed in removal proceedings; (2) have suffered a violent crime in Lake County; and (3) not be barred from the immigration remedies before the administrative body. Amends the Counties Code. Provides that, in counties with a population of more than 500,000, a State's Attorney may act, without fee or appointment, as an attorney to a noncitizen victim in an immigration case only if the noncitizen victim was victimized within the county the State's Attorney serves and is located within the geographic boundaries of the county served by the State's Attorney.
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9	9	A BILL FOR
10	10	SB1991LRB104 12156 RTM 22256 b SB1991 LRB104 12156 RTM 22256 b
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12	12	1 AN ACT concerning local government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. This Act may be cited as the Victim Centered
16	16	5 Approach Pilot Program Act.
17	17	6 Section 5. Findings and purpose. The purpose of the victim
18	18	7 centered approach pilot program is to address significant
19	19	8 barriers to noncitizen victims who are victimized in the
20	20	9 county who can't afford counsel for the filing of an
21	21	10 immigration remedy before the administrative body. The program
22	22	11 aims to provide free immigration counsel and representation to
23	23	12 victims for the next 5 years. Lack of affordable attorneys and
24	24	13 qualified organizations create a barrier for victims who are
25	25	14 already suffering from a crime of violence and this program
26	26	15 supports victims on their path to safety. The program shall
27	27	16 provide funding to the office of the Lake County State's
28	28	17 Attorney to create a victim focused legal service where
29	29	18 State's Attorney may act, without fee or appointment, as an
30	30	19 attorney to a noncitizen victim who experienced victimization
31	31	20 in the geographic boundaries of the circuit court for the
32	32	21 county served by the State's Attorney. The victim centered
33	33	22 approach pilot program empowers survivors by providing them
34	34	23 with immediate legal services that will put them on a path to
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1991 Introduced 2/6/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
39	39	New Act55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 New Act 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
40	40	New Act
41	41	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
42	42	Creates the Victim Centered Approach Pilot Program Act. Provides that the Lake County State's Attorney shall develop a program to represent noncitizen victims of violent crimes in the filing of victim remedies before the United States Citizenship and Immigration Services Office administrative body. Provides that the Lake County State's Attorney shall use any funding provided to the pilot program to represent or give counsel to 50 noncitizen victims annually for the next 5 years who were victimized by violent crimes in Lake County. Provides that the to be eligible for assistance under the program, an individual must: (1) be a noncitizen victim, who has never been placed in removal proceedings; (2) have suffered a violent crime in Lake County; and (3) not be barred from the immigration remedies before the administrative body. Amends the Counties Code. Provides that, in counties with a population of more than 500,000, a State's Attorney may act, without fee or appointment, as an attorney to a noncitizen victim in an immigration case only if the noncitizen victim was victimized within the county the State's Attorney serves and is located within the geographic boundaries of the county served by the State's Attorney.
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45	45	A BILL FOR
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51	51	New Act
52	52	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
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71	71	1 legal status which is often delayed due to lack of funding or
72	72	2 resources. This approach, even though lengthy, starts the
73	73	3 survivor's ability to stabilize the survivor's situation and
74	74	4 the survivor's family's situation economically or emotionally.
75	75	5 Thus, fostering resilience and enhanced quality of life after
76	76	6 undergoing a violent crime.
77	77	7 Section 10. State's Attorney victim centered approach
78	78	8 pilot program.
79	79	9 (a) The Lake County State's Attorney shall develop a
80	80	10 program to represent noncitizen victims of violent crimes in
81	81	11 the filing of victim remedies before the United States
82	82	12 Citizenship and Immigration Services Office administrative
83	83	13 body. The Lake County State's Attorney shall use any funding
84	84	14 provided to the pilot program to represent or give counsel to
85	85	15 50 noncitizen victims annually for the next 5 years who were
86	86	16 victimized by violent crimes in Lake County. To be eligible
87	87	17 for assistance under the program, an individual must:
88	88	18 (1) be a noncitizen victim, who has never been placed
89	89	19 in removal proceedings;
90	90	20 (2) have suffered a violent crime in Lake County; and
91	91	21 (3) not be barred from the immigration remedies before
92	92	22 the administrative body.
93	93	23 (b) The assistance provided by the Pilot Program includes
94	94	24 immigration representation of the noncitizen victim before the
95	95	25 administrative body for a victim remedy.
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106	106	1 Section 15. The Counties Code is amended by changing
107	107	2 Section 3-9005 as follows:
108	108	3 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
109	109	4 Sec. 3-9005. Powers and duties of State's Attorney.
110	110	5 (a) The duty of each State's Attorney shall be:
111	111	6 (1) To commence and prosecute all actions, suits,
112	112	7 indictments and prosecutions, civil and criminal, in the
113	113	8 circuit court for the county, in which the people of the
114	114	9 State or county may be concerned.
115	115	10 (2) To prosecute all forfeited bonds and
116	116	11 recognizances, and all actions and proceedings for the
117	117	12 recovery of debts, revenues, moneys, fines, penalties and
118	118	13 forfeitures accruing to the State or the county, or to any
119	119	14 school district or road district in the county; also, to
120	120	15 prosecute all suits in the county against railroad or
121	121	16 transportation companies, which may be prosecuted in the
122	122	17 name of the People of the State of Illinois.
123	123	18 (3) To commence and prosecute all actions and
124	124	19 proceedings brought by any county officer in the county
125	125	20 officer's official capacity.
126	126	21 (4) To defend all actions and proceedings brought
127	127	22 against the county, or against any county or State
128	128	23 officer, in the county or State officer's official
129	129	24 capacity, within the county.
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140	140	1 (5) To attend the examination of all persons brought
141	141	2 before any judge on habeas corpus, when the prosecution is
142	142	3 in the county.
143	143	4 (6) To attend before judges and prosecute charges of
144	144	5 felony or misdemeanor, for which the offender is required
145	145	6 to be recognized to appear before the circuit court, when
146	146	7 in the State's Attorney's power so to do.
147	147	8 (7) To give the State's Attorney's opinion, without
148	148	9 fee or reward, to any county officer in the county, upon
149	149	10 any question or law relating to any criminal or other
150	150	11 matter, in which the people or the county may be
151	151	12 concerned.
152	152	13 (8) To assist the Attorney General whenever it may be
153	153	14 necessary, and in cases of appeal from the county to the
154	154	15 Supreme Court, to which it is the duty of the Attorney
155	155	16 General to attend, the State's Attorney shall furnish the
156	156	17 Attorney General at least 10 days before such is due to be
157	157	18 filed, a manuscript of a proposed statement, brief and
158	158	19 argument to be printed and filed on behalf of the people,
159	159	20 prepared in accordance with the rules of the Supreme
160	160	21 Court. However, if such brief, argument or other document
161	161	22 is due to be filed by law or order of court within this
162	162	23 10-day period, then the State's Attorney shall furnish
163	163	24 such as soon as may be reasonable.
164	164	25 (9) To pay all moneys received by the State's Attorney
165	165	26 in trust, without delay, to the officer who by law is
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176	176	1 entitled to the custody thereof.
177	177	2 (10) To notify, by first class mail, complaining
178	178	3 witnesses of the ultimate disposition of the cases arising
179	179	4 from an indictment or an information.
180	180	5 (11) To perform such other and further duties as may,
181	181	6 from time to time, be enjoined on the State's Attorney by
182	182	7 law.
183	183	8 (12) To appear in all proceedings by collectors of
184	184	9 taxes against delinquent taxpayers for judgments to sell
185	185	10 real estate, and see that all the necessary preliminary
186	186	11 steps have been legally taken to make the judgment legal
187	187	12 and binding.
188	188	13 (13) To notify, by first-class mail, the State
189	189	14 Superintendent of Education, the applicable regional
190	190	15 superintendent of schools, and the superintendent of the
191	191	16 employing school district or the chief school
192	192	17 administrator of the employing nonpublic school, if any,
193	193	18 upon the conviction of any individual known to possess a
194	194	19 certificate or license issued pursuant to Article 21 or
195	195	20 21B, respectively, of the School Code of any offense set
196	196	21 forth in Section 21B-80 of the School Code or any other
197	197	22 felony conviction, providing the name of the certificate
198	198	23 holder, the fact of the conviction, and the name and
199	199	24 location of the court where the conviction occurred. The
200	200	25 certificate holder must also be contemporaneously sent a
201	201	26 copy of the notice.
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212	212	1 (b) The State's Attorney of each county shall have
213	213	2 authority to appoint one or more special investigators to
214	214	3 serve subpoenas and summonses, make return of process, and
215	215	4 conduct investigations which assist the State's Attorney in
216	216	5 the performance of the State's Attorney duties. In counties of
217	217	6 the first and second class, the fees for service of subpoenas
218	218	7 and summonses are allowed by this Section and shall be
219	219	8 consistent with those set forth in Section 4-5001 of this Act,
220	220	9 except when increased by county ordinance as provided for in
221	221	10 Section 4-5001. In counties of the third class, the fees for
222	222	11 service of subpoenas and summonses are allowed by this Section
223	223	12 and shall be consistent with those set forth in Section
224	224	13 4-12001 of this Act. A special investigator shall not carry
225	225	14 firearms except with permission of the State's Attorney and
226	226	15 only while carrying appropriate identification indicating the
227	227	16 special investigator's employment and in the performance of
228	228	17 the special investigator's assigned duties.
229	229	18 Subject to the qualifications set forth in this
230	230	19 subsection, special investigators shall be peace officers and
231	231	20 shall have all the powers possessed by investigators under the
232	232	21 State's Attorneys Appellate Prosecutor's Act.
233	233	22 No special investigator employed by the State's Attorney
234	234	23 shall have peace officer status or exercise police powers
235	235	24 unless the special investigator successfully completes the
236	236	25 basic police training course mandated and approved by the
237	237	26 Illinois Law Enforcement Training Standards Board or such
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248	248	1 board waives the training requirement by reason of the special
249	249	2 investigator's prior law enforcement experience or training or
250	250	3 both. Any State's Attorney appointing a special investigator
251	251	4 shall consult with all affected local police agencies, to the
252	252	5 extent consistent with the public interest, if the special
253	253	6 investigator is assigned to areas within that agency's
254	254	7 jurisdiction.
255	255	8 Before a person is appointed as a special investigator,
256	256	9 the person's fingerprints shall be taken and transmitted to
257	257	10 the Department of State Police. The Department shall examine
258	258	11 its records and submit to the State's Attorney of the county in
259	259	12 which the investigator seeks appointment any conviction
260	260	13 information concerning the person on file with the Department.
261	261	14 No person shall be appointed as a special investigator if the
262	262	15 person has been convicted of a felony or other offense
263	263	16 involving moral turpitude. A special investigator shall be
264	264	17 paid a salary and be reimbursed for actual expenses incurred
265	265	18 in performing the special investigator's assigned duties. The
266	266	19 county board shall approve the salary and actual expenses and
267	267	20 appropriate the salary and expenses in the manner prescribed
268	268	21 by law or ordinance.
269	269	22 (c) The State's Attorney may request and receive from
270	270	23 employers, labor unions, telephone companies, and utility
271	271	24 companies location information concerning putative fathers and
272	272	25 noncustodial parents for the purpose of establishing a child's
273	273	26 paternity or establishing, enforcing, or modifying a child
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284	284	1 support obligation. In this subsection, "location information"
285	285	2 means information about (i) the physical whereabouts of a
286	286	3 putative father or noncustodial parent, (ii) the putative
287	287	4 father or noncustodial parent's employer, or (iii) the salary,
288	288	5 wages, and other compensation paid and the health insurance
289	289	6 coverage provided to the putative father or noncustodial
290	290	7 parent by the employer of the putative father or noncustodial
291	291	8 parent or by a labor union of which the putative father or
292	292	9 noncustodial parent is a member.
293	293	10 (d) (Blank).
294	294	11 (e) The State's Attorney shall have the authority to enter
295	295	12 into a written agreement with the Department of Revenue for
296	296	13 pursuit of civil liability under subsection (E) of Section
297	297	14 17-1 of the Criminal Code of 2012 against persons who have
298	298	15 issued to the Department checks or other orders in violation
299	299	16 of the provisions of paragraph (1) of subsection (B) of
300	300	17 Section 17-1 of the Criminal Code of 2012, with the Department
301	301	18 to retain the amount owing upon the dishonored check or order
302	302	19 along with the dishonored check fee imposed under the Uniform
303	303	20 Penalty and Interest Act, with the balance of damages, fees,
304	304	21 and costs collected under subsection (E) of Section 17-1 of
305	305	22 the Criminal Code of 2012 or under Section 17-1a of that Code
306	306	23 to be retained by the State's Attorney. The agreement shall
307	307	24 not affect the allocation of fines and costs imposed in any
308	308	25 criminal prosecution.
309	309	26 (f) In a county with less than 2,000,000 inhabitants, and
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