- Prohibits using deadly force against someone based on the danger that person poses to themselves if they do not pose an imminent threat of death or serious bodily injury to the officer or another person. Prohibits using deadly force against someone committing a property offense unless the offense is terrorism or unless deadly force is otherwise authorized by law.
- In addition to chokeholds, prohibits using restraint above the shoulders with risk of asphyxiation unless deadly force is justified.
- Law enforcement agencies are encouraged to adopt and develop policies designed to protect individuals with physical, mental health, developmental, or intellectual disabilities.
- Prohibits discharging kinetic impact projectiles (e.g. rubber bullets) in a manner that targets the head, pelvis or back, discharging firearms or kinetic impact projectiles indiscriminately into a crowd, or using chemical agents or irritants including pepper spray and tear gas prior to issuing an order to disperse, followed by sufficient time and space to allow for compliance with the order to disperse.
- Regarding use of force to prevent escape, a peace officer who has an arrested person in custody is justified in the use of force, but not deadly force, to prevent escape. Prohibits use of deadly force to prevent escape unless based on the totality of the circumstances, deadly force is necessary to prevent death or great bodily harm to an officer or another person.
- Creates a duty for all law enforcement officers to render medical aid and assistance as soon as reasonably practical, whether as a result of use of force or otherwise.
- Creates a duty for a peace officer to intervene to prevent another peace officer from using unauthorized force. The intervening peace officer must report the intervention within 5 days of the incident. Prohibits discipline or retaliation against a peace officer for intervening.
Police Certification and Decertification Procedures
Amends the State Police Act and Illinois Police Training Act to establish new uniform processes for investigation of misconduct by law enforcement and decertification processes, effective January 1, 2022.
- Illinois State Police Merit Board: Increases the number of State Police Merit Board members from 5 to 7 and creates other requirements for Board members.
- Reporting: Requires the Merit Board to file an annual report to the Governor and General Assembly with information about terminations, cadet tests administered, the number of cadet applicants who failed the background investigation, new certifications from each cadet class, promotional assessments administered and the number of people certified for promotion. Also requires the Merit Board to submit an annual disciplinary data report to the Governor and General Assembly with statistics about the number of complaints received, the number of internal investigations initiated, concluded and pending, the number of Merit Board referrals, the number of officers decertified and the number of investigations that led to a determination of administratively closed, exonerated, not sustained, sustained, and unfounded.
- Officer Professional Conduct Database (Officer Misconduct Database):
- The Illinois State Police Merit Board will be responsible for reporting all required information in the Officer Misconduct Database.
- The Merit Board must search the database before certifying any Illinois State Police cadet and the database must be checked before a governmental agency may appoint a law enforcement officer or a person seeking a certification as a law enforcement officer.
- The database and other documents and information in possession of the Board are confidential and not subject to disclosure under the Freedom of Information Act or subpoena.
- The database will be accessible to any chief administrative officer of any governmental agency, the Illinois State Police, any county State’s Attorney and the Attorney General for the purposes of hiring law enforcement officers.
- Requires all governmental agencies and the Illinois State Police to notify the Merit Board of any final determination of a willful violation of policy, official misconduct, or violation of law when the determination leads to a suspension of at least 10 days, the infraction triggers an official investigation, there is an allegation of misconduct or regarding truthfulness as to a material fact, bias, or integrity, or the officer resigns or retires during the course of an investigation. Also requires reporting to the Board within 10 days of a final determination, final administrative appeal or a law enforcement officer's resignation, including information regarding the nature of the violation. Upon receiving notification, the Board must notify the law enforcement officer of the report and the officer's right to provide a statement regarding the reported violation.
- In addition to the Officer Misconduct Database, the Merit Board is required to maintain two public searchable databases: a database of law enforcement officers and a database of all completed investigations against law enforcement officers related to decertification (this database will not include the names of officers).
- Requires the Merit Board to submit an annual report to the Governor, Attorney General, President and Minority Leader of the Senate, and the Speaker and Minority Leader of the House of Representatives beginning on March 1, 2023 with the number of complaints received (including the race, gender, and type of complaints received), the number of investigations initiated and concluded in the preceding year, the number of investigations pending as of the reporting date, the number of hearings held and the number of officers decertified.
- Expands the review of law enforcement officers by the Board to ensure no officer is certified who has been found guilty or entered a plea of nolo contendere to a felony or specific misdemeanors,[2] in addition to having been convicted or entered a plea of guilty to a felony or certain misdemeanors.
- Requires the sheriff or chief executive of every governmental agency to report to the Board any arrest, conviction, finding of guilt, plea of guilty, or plea of nolo contendere of any officer regardless of whether the adjudication of guilt or sentence is withheld or not entered, including sentences of supervision, conditional discharge, or first offender probation.
- Reduces the time period required for law enforcement officers to report to the Board their arrest, conviction, guilty finding or guilty plea from 30 days to 14 days. Any officer who is convicted, found guilty, or entered a plea of guilty, or entered a plea of nolo contendere immediately becomes decertified.
- The Board has the authority to decertify a full-time or a part-time law enforcement officer upon a determination that the officer has committed a felony or misdemeanor which could serve as basis for automatic decertification, used excessive force, failed to comply with the officer’s duty to intervene, tampered with dash camera or body camera data or directed another to turn their camera off for purposes of concealing, destroying or altering potential evidence, committed perjury, made a false statement, knowingly tampered with evidence, or engaged in any unprofessional or unethical conduct.
- Creates procedures for submitting notice of the violation to the Board (which allows for notice to be submitted confidentially by any person), preliminary review of the alleged violation, investigations, filing of formal complaints with the Certification Review Panel, administrative hearings, final action by the Board and filing for reconsideration of the Board’s decision.
- Prohibits any individual not certified by the Board or whose certified status is inactive from functioning as a law enforcement officer. A law enforcement officer's certification becomes inactive upon termination, resignation, retirement, or separation from the officer's employing governmental agency for any reason. Provides procedures for re-activating a certification.
Pretrial Reforms
The following pretrial provisions take effect January 1, 2023, unless otherwise noted.
- Abolishment of Cash Bail: The Code of Criminal Procedure of 1963 is amended to abolish the requirement of posting monetary bail on or after January 1, 2023. Revisions are made to multiple statutes to replace references to “bail” and “conditions of bail” with “pretrial release” and “conditions of pretrial release.” Removes language from the Counties Code to eliminate sheriffs’ fees related to taking special bail and from the Clerks of Courts Act regarding credit card or debit card payment of bail bond fees.
- Pretrial Data Collection: Calls for the Administrative Office of the Illinois Courts (AOIC) to convene a Pretrial Practices Data Oversight Board under the Administrative Director to oversee the collection and analysis of pretrial practices data in circuit court systems. The Oversight Board will identify existing data collection processes in local jurisdictions, gather and maintain records from local criminal justice agencies, identify resources needed to systematically collect and report pretrial data, develop a plan to implement data collection processes and publish reports on the AOIC website. The Board must develop a strategy to collect quarterly, county-level data on the following topics: arrests and charges; outcomes of pretrial hearings and pretrial conditions; information about the detained jail population and average length of stay for pretrial defendants; information about electronic monitoring programs; discharge data; rearrests of individuals released pretrial; failure to appear rates; and information on validated risk assessment tools used in each jurisdiction and comparisons of judges’ release/detention decisions to risk assessment scores of individuals. Effective July 1, 2021.
- Domestic Violence Pretrial Practices Working Group: Amends the Illinois Criminal Justice Authority Act to create a Domestic Violence Pretrial Practices Working Group convened by ICJIA to research current practices in pretrial domestic violence courts throughout Illinois. The Working Group is required to meet quarterly, issue a preliminary report within 15 months, and issue a final report with recommendations for evidence-based improvements to court procedures within 15 months of the preliminary report. Effective July 1, 2021.
- Notice to Crime Victims: Crime victims shall be given notice by the State’s Attorney’s office of the defendant’s initial pretrial hearing and be informed of their opportunity to obtain an order of protection at the hearing.
- Violation of Conditions: Amends the Criminal Code of 2012 to make a violation of conditions of pretrial release a Class A misdemeanor if the underlying offense was a felony and a Class C misdemeanor if the underlying offense was a misdemeanor. Previously the violation would have been the next lower class offense.
- Arrest and Release from Law Enforcement Custody: Amends Article 109 of the Code of Criminal Procedure of 1963 to add the following provisions.
- Requires law enforcement to issue a citation in lieu of custodial arrest for traffic offenses, Class B and C misdemeanor offenses or petty and business offenses in which the person poses no obvious threat to the community or another person and who have no medical or mental health issues that pose a risk to their own safety. Those released on citation must be scheduled into court within 21 days.
- Allows law enforcement officers to release a person arrested for an offense for which pretrial release may not be denied without appearing before a judge, with a summons to appear in court within 21 days. Creates a presumption in favor of pretrial release by the arresting officer.
- Requires that upon initial appearance before the court, the defendant be released or, upon verified petition of the State, that a detention hearing be set.
- Requires the person charged to be present in person at the hearing at which conditions of pretrial release are determined unless there is a safety risk to the person appearing in court or the accused waives the right to be present in person.
- Requires that defense counsel be given adequate opportunity to confer with the defendant prior to any hearing in which conditions of release or the detention are considered, with a physical accommodation made to facilitate attorney/client consultation.
- Requires that when a defendant charged with a felony has a warrant in another Illinois county, the defendant be taken to the county that issued the warrant within 72 hours of completion of the initial hearing.
- Release on Own Recognizance: Creates a presumption to release a defendant on personal recognizance on the condition that the defendant attends all required court proceedings, does not commit any criminal offense and complies with all terms of pretrial release. Additional conditions of release shall be set only when it is determined that they are necessary to assure the defendant's appearance in court, assure the defendant does not commit any criminal offense, and complies with all conditions of pretrial release. Detention only shall be imposed when it is determined that the defendant poses a specific, real and present threat to a person, or has a high likelihood of willful flight. If the court decides to detain the defendant, the court must make a written finding as to why less restrictive conditions would not assure safety to the community and the defendant's appearance in court. At each subsequent court hearing, the judge must find that continued detention or conditions imposed are necessary to avoid a specific, real and present threat to any person or willful flight from prosecution.
- Options for warrant alternatives: Establishes procedures for when a defendant fails to comply with any pretrial release condition. The court may issue an order to show cause as to why the defendant’s pretrial release should not be revoked. A certified copy of the order must be served upon the person at least 48 hours in advance of the scheduled hearing. If the person does not appear at the hearing to show cause, the court may issue an arrest warrant. Allows the warrant to modify any previously imposed conditions rather than revoking pretrial release or issuing a warrant. Prevents the court from recording a failure to appear until the defendant fails to appear at the hearing to show cause. Prevents a non-appearance in court cured by an appearance at the hearing to show cause from being considered as evidence of the defendant’s future likelihood of failing to appear.
- Pretrial Release: Pretrial release may only be denied when a person is charged with an offense that qualifies for denial of pretrial release (as defined in 725 ILCS 5/110-6.1) or when the defendant has a high likelihood of willful flight, and after the court has held a detention hearing.
- Determining Conditions of Release: Establishes procedures for determining conditions of pretrial release, including the factors the court is required to take into account (including the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the defendant’s history and characteristics and the risks that would be posed by the defendant's release). Allows the court to use a validated risk assessment tool to aid in determination of appropriate conditions of release, but risk assessment tools may not be used as the sole basis to deny pretrial release. Requires that the defendant's counsel be provided with the scoring system of the risk assessment tool. The defendant has the right to challenge the validity of a risk assessment tool used and present evidence relevant to the challenge. If a defendant remains in pretrial detention after having been ordered released with pretrial conditions, the court must hold a hearing to determine the reason for continued detention. Requires the court to appoint a public defender or licensed attorney to represent the defendant prior to their first appearance.
- Electronic Monitoring and Home Confinement as a Condition of Release: Electronic monitoring, GPS monitoring or home confinement can only be imposed as a condition of pretrial release if no less restrictive condition or combination of conditions of release would reasonably ensure the appearance of the defendant for later hearings or protect an identifiable person(s) from imminent threat of serious physical harm. If the court imposes electronic monitoring, GPS monitoring or home confinement, the court must state in the record the basis for its finding. Requires that defendants receive custodial credit for each day on a home confinement or electronic monitoring program. The court must determine every 60 days if no less restrictive condition or combination of conditions of release would reasonably ensure the defendant’s appearance at later hearings or protect an identifiable person from threat of serious physical harm. If the court finds that there are less restrictive conditions of release, the court must order that the condition be removed.
- Revocation of pretrial release and modification of conditions of pretrial release: When a defendant is granted pretrial release, pretrial release may only be revoked if the defendant is charged with a detainable felony (as defined in 725 ILCS 5/110-6.1) or if the defendant is charged with a new felony or Class A misdemeanor. Establishes procedures for revocation of pretrial release. Allows the State to file a verified petition for revocation of pretrial release when the defendant is charged with a subsequent felony or class A misdemeanor offense while on pretrial release. Requires the State to file a verified petition for revocation of pretrial release when a defendant on pretrial release is charged with a violation of an order of protection and the subject of the order of protection is the same person as the victim in the underlying matter. Allows the court to revoke the defendant's pretrial release if it finds clear and convincing evidence that no condition or combination of conditions of release would reasonably assure the appearance of the defendant for later hearings or prevent the defendant from being charged with a subsequent felony or class A misdemeanor. Allows the court to modify conditions of pretrial release in lieu of revocation. Allows the court to remove previously set conditions of pretrial release. The court may only add or increase conditions of pretrial release at a hearing, in a warrant issued, or upon motion from the state. Regarding contact with victims or witnesses, the court is prohibited from removing a previously set condition regulating contact with a victim or witness unless the subject of the condition has been given notice of the hearing.
- Sanctions for violations of conditions of pretrial release: Authorizes the State to request a hearing for sanctions after a defendant fails to appear or is arrested for an offense other than a felony or class A misdemeanor. In order to impose sanctions, the court must find by clear and convincing evidence that the defendant violated a term of their pretrial release, had actual knowledge that their action would violate a court order, willfully violated the court order and the violation was not due to a lack of access to financial monetary resources. Sanctions may include a verbal or written admonishment from the court, imprisonment in the county jail for up to 30 days, a fine of up to $200 or a modification of the defendant's pretrial conditions.
- Denial of Pretrial Release: Establishes the process and criteria under which a defendant may be denied pretrial release (725 ILCS 5/110-6.1). Upon verified petition by the State, the court must hold a hearing at which it may deny the defendant pretrial release if:
- The defendant is charged with a forcible felony for which a sentence of imprisonment without probation, periodic imprisonment or conditional discharge is required by law upon conviction, and the defendant's release poses a specific, real and present threat to any person or the community;
- The defendant is charged with stalking or aggravated stalking and the defendant's release poses a real and present threat to the physical safety of a victim of the alleged offense;
- The defendant is charged with domestic battery or aggravated domestic battery and the defendant's release poses a real and present threat to the physical safety of any person(s);
- The defendant is charged with a sex offense (excluding public indecency, adultery, fornication and bigamy) and it is alleged that the defendant's pretrial release poses a real and present threat to the physical safety of any person(s);
- The defendant is charged with certain violations under the Criminal Code of 2012[3] and the defendant's release poses a real and present threat to the physical safety of any specifically identifiable person(s); or
- The person has a high likelihood of willful flight to avoid prosecution and is charged with a non-probationable[4] forcible felony, stalking or aggravated stalking, domestic battery or aggravated domestic battery, a sex offense (excluding public indecency, adultery, fornication and bigamy), or a felony other than a Class 4 felony.
The detention hearing process requires the court to hold a hearing immediately upon the filing of the petition by the State, unless a continuance is requested. If a continuance is requested, the hearing must be held within 48 hours of the defendant's first appearance if the defendant is charged with a Class X, Class 1, Class 2, or Class 3 felony, and within 24 hours if the defendant is charged with a Class 4 felony or misdemeanor offense. The Court can deny or grant the request for continuance, and retains the discretion to detain or release the defendant in the time between the filing of the petition and the hearing. The State bears the burden of proving by clear and convincing evidence that the defendant committed an offense that qualifies for pretrial detention, that the defendant poses a real and present threat to the safety of a specific, identifiable person and that no condition or combination of conditions can mitigate the risk of releasing the defendant to a person’s safety or the defendant’s risk of willful flight. Establishes procedures for conduct of the detention hearing.
Prison and Sentencing Reforms
- Prison Gerrymandering: Creates the No Representation Without Population Act, which provides for a process of using prison inmates’ most recent known address prior to incarceration for purposes of redistricting legislative districts. Requires the Illinois Department of Corrections to collect and maintain electronic records of the legal residence and demographic data for each person in custody and provide a report to the State Board of Elections each year when the federal decennial census is taken with de-identified inmate data (effective January 1, 2025). The data cannot be used in the distribution of any state or federal aid.
- Reporting of Deaths in Custody: Creates the Reporting of Deaths in Custody Act, which creates a process and procedures for investigating and reporting deaths that occur in the custody of any law enforcement agency or correctional facility as a result of a peace officer’s use of force. Reports must be submitted to the Illinois Criminal Justice Information Authority (ICJIA). Includes requirements for ICJIA to post the information collected to its website on a quarterly basis and issue a public annual report evaluating trends on deaths in custody. Also includes requirements for notifying the person’s family.
- Sentence Credits: Amends the Unified Code of Corrections to allow the Illinois Department of Corrections Director to award up to 180 days of earned sentence credit for prisoners serving a sentence of less than 5 years, and up to 365 days of earned sentence credit for prisoners serving a sentence of 5 years or longer. Previously only up to 180 days of earned sentence credit could be granted for any sentence term. Allows prisoners to earn sentence credits for participation in certain programs including substance abuse programs, correctional industry assignments, educational programs, work-release programs, behavior modification programs, life skills courses, re-entry planning, self-improvement programs, volunteer work, work assignments, or obtaining an associate degree while in custody. Requires the Department of Corrections to prescribe rules and regulations for revoking and restoration of sentence credits.
- Sentencing/Mandatory Minimums: Amends the Unified Code of Corrections to require the court, when imposing a sentence for a Class 3 or 4 felony, to indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served. When an offender is sentenced for a Class 3 or 4 felony and has less than 4 months remaining on his or her sentence, they cannot be confined in prison but may be assigned to electronic home detention, an adult transition center, or another facility or program within the Department of Corrections. When imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; if the court finds that the defendant does not pose a risk to public safety; and if the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment.
- Mandatory Supervised Release Terms: Amends the Unified Code of Corrections to revise the terms of mandatory supervised release for certain offenses. Reduces the mandatory supervised release term for a Class X felony (excluding a number of offenses identified in 730 ILCS 5/3-6-3 requiring 85% of the sentence to be served) from 3 years to 18 months. Offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault, if they were committed on or before December 12, 2005, will carry a term of 3 years of mandatory supervised release. Reduces the mandatory supervised release term for a Class 1 or Class 2 felony (except for criminal sexual assault) from 2 years to 12 months. Prohibits (with exceptions for certain offenses) mandatory supervised release from being imposed for a Class 3 or Class 4 felony unless the Prisoner Review Board determines it is necessary based on a validated risk and needs assessment.
- Habitual Criminal: Amends the definition of habitual criminal in the Unified Code of Corrections by adding that the person’s first offense must have been committed when he or she was 21 years of age or older. Also adds “forcible” to a provision stating that when a defendant over the age of 21 years is convicted of a Class 1 or Class 2 forcible felony after two prior convictions of a Class 1 or Class 2 forcible felony, the defendant shall be sentenced as a Class X offender.
- Felony-Murder Law: Amends the Criminal Code of 2012, clarifying that in order to be charged with first degree murder when committing a forcible felony other than second degree murder in which another individual dies, the person or another participant acting with them must have caused the death.
- Credit for Time in Custody: Amends the Unified Code of Corrections to clarify how home confinement is defined for purposes of sentencing credit for time in custody. Directs that home detention includes restrictions on liberty such as curfews restricting movement for 12 hours or more per day and electronic monitoring that restricts travel or movement. Electronic monitoring is not required for home detention to be considered custodial for purposes of sentencing credit. Removes language prohibiting an offender from receiving credit for time spent in home detention when serving a term of imprisonment for an offense that is ineligible for probation.
- Electronic Monitoring: Amends Article 8A of the Unified Code of Corrections regarding electronic monitoring and home detention. Adds that approved absences from the home shall include purchasing groceries, food, or other basic necessities. Requires that anyone ordered to home confinement, with or without electronic monitoring, be provided with open movement spread out over no fewer than two days per week. Requires that in order for someone to be guilty of an escape or violation of a condition of an electronic monitoring or home detention program, the person must remain in violation for at least 48 hours.
- Eligibility for Programs Restricted by Felony Background: Amends the Unified Code of Corrections to require that convictions entered prior to the effective date of the Act for certain drug offenses be treated as a Class A misdemeanor for the purposes of evaluating a defendant's eligibility for programs of qualified probation, impact incarceration, or any other diversion, deflection, probation, or other program for which felony background or delinquency background is a factor in determining eligibility.
- Pregnant Prisoners: Amends the Counties Code, Unified Code of Corrections and County Jail Act to require training on the medical and mental health care issues applicable to pregnant prisoners. Also requires educational programing for pregnant prisoners. Requires that for 72 hours after the birth of an infant by a prisoner, the infant be allowed to remain with the prisoner and that the prisoner have access to any nutritional or hygiene-related products necessary to care for the infant. Prohibits placing a pregnant prisoner or a prisoner who gave birth during the preceding 30 days in administrative segregation unless the corrections director believes there is safety risk.
Other Provisions
- Crime Victims Compensation: Amends the Crime Victims Compensation Act.
- Amends the definition of victim to include children of a person killed or injured and the definition of relative to include anyone living in the household who holds a relationship with the killed or injured that is substantially similar to that of a parent, spouse, or child. Removes language indicating the child or stepchild must be unmarried and under 18.
- Increases the pecuniary loss limit for the cost of transport for deceased victims from $7,500 to $10,000 and for the cost of funeral and burial in the case of dismemberment or desecration of a body from $7,500 to $10,000. Also increases the limit for eligible loss of earnings or support the victim may receive from $1,250 per month to $2,400 per month.
- Adds that a victim's criminal history or felony status shall not automatically prevent their compensation. Removes a provision that a person convicted of a felony cannot receive compensation until they are discharged from probation, parole or mandatory supervised release (but retains a provision that prohibits providing compensation to a victim while the victim is held in a correctional institution).
- Requires the Attorney General to investigate all claims and present an investigatory report and a draft award determination to the Court of Claims for a review period of 28 business days, and provide the applicant with a compensation determination letter upon conclusion of the review by the Court of Claims.
- Increases the time limit within which an applicant may apply for compensation from within 2 years of the occurrence of the crime to within 5 years, and increases the time limit within which a person entitled to compensation who is under 18 years of age or under other legal disability can file an application. The Attorney General and the Court of Claims may accept an application presented after the time limit if a good cause for a delay is determined.
- Removes a provision stating a person is entitled to compensation if the injury or death of the victim was not substantially attributable to his own wrongful act and was not substantially provoked by the victim.
- Adds factors the Attorney General and Court of Claims may consider in determining whether cooperation is reasonable including the victim's age, physical condition, psychological state, cultural or linguistic barriers and compelling health and safety concerns, including a reasonable fear of retaliation or harm.
[1] Misdemeanors that qualify for automatic termination are: criminal sexual abuse; indecent solicitation of a child; indecent solicitation of an adult; solicitation to meet a child; sexual exploitation of a child; prostitution; solicitation of a sexual act; public indecency; aggravated assault; domestic battery; interfering with the reporting of domestic violence; theft; deceptive practices; false personation; transmission of obscene messages; harassment by telephone; harassment through electronic communications; keeping a gambling place; offering a bribe; offenses affecting governmental functions such as resisting or obstructing a peace officer, escape/aiding escape, perjury, interfering with judicial process, harassment or jurors or witnesses, tampering with public records, official misconduct, bribery, etc.; harassment of representatives for a child, jurors, witnesses and others; simulating legal process; possession of another's credit, debit, or identification card; manufacture or delivery of cannabis; and delivery of cannabis on school grounds.
[2] The list of misdemeanors that qualify for automatic decertification is expanded to include: indecent solicitation of an adult; solicitation to meet a child; solicitation of a sexual act; public indecency; domestic battery; interfering with the reporting of domestic violence; transmission of obscene messages; harassment by telephone; and harassment through electronic communications. Misdemeanors that already qualified for automatic decertification include: criminal sexual abuse; indecent solicitation of a child; sexual exploitation of a child; prostitution; aggravated assault; theft; deceptive practices; false personation; keeping a gambling place; offering a bribe; offenses affecting governmental functions possession of another's credit, debit, or identification card; manufacture or delivery of cannabis; and delivery of cannabis on school grounds.
[3] The violations specified in this section include the following offenses: aggravated discharge of a firearm; aggravated discharge of a machine gun or a firearm equipped with a device designed or use for silencing the report of a firearm; reckless discharge of a firearm; armed habitual criminal; manufacture, sale or transfer of bullets or shells represented to be armor piercing bullets, dragon's breath shotgun shells, bolo shells or flechette shells; unlawful sale or delivery of firearms; unlawful sale or delivery of firearms on the premises of any school; unlawful sale of firearms by liquor license; unlawful purchase of a firearm; gunrunning; firearms trafficking; involuntary servitude; involuntary sexual servitude of a minor; trafficking in persons; unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities; aggravated unlawful use of a weapon; and aggravated possession of a stolen firearm.
[4] An offense in which a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction.
