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Hi Everyone! 


This is a longer edition of Capitol Corner that recaps the last legislative session (Spring 2023).


Please take your time and read through the whole issue – this is a longer issue and includes recap of legislative session, National Network to End Domestic Violence (NNEDV) Advocacy Day, and ICADV’s in-person advocacy summary for the year.  


You already know that our state line item for domestic violence services in the Department of Human Services budget is steady into FY24. It is important to see this as a success and not receiving cuts in the general revenue fund.


We continued and we are proud of our collaborative work with our partners in support and opposition to several bills.  


Our collaborative partners include Women’s Justice Institute, Ascend Justice, The Network Advocating Against Domestic Violence, Chicago Alliance Against Sexual Exploitation, Illinois Coalition Against Sexual Assault, Equality Illinois, Planned Parenthood, Cook County State’s Attorney Office, Cook County Public Defender’s Office, and others.  


I went to the NNEDV Advocacy Day in Washington, DC in June. This year I was fortunate to attend with and work alongside Sayeed Sanchez, Advocacy Coordinator, Mujeres Latinas en Acción and Carrie Ward, President and CEO of the Illinois Coalition Against Sexual Assault. Our focus was on federal appropriations. We had the opportunity to meet with staff of two new Congress members: Nikki Budinski (who is also my Congress member) and Eric Sorensen. We re-established relationships with Rep. Robin Kelly, Rep. Mike Quigley, and Rep. Sean Casten. More information about our visit is below.  

In Peace,

Christine Raffaele
Director of Policy and Systems Advocacy

SAFE-T ACT (PRETRIAL FAIRNESS ACT)

Ending Cash Bail Upheld by Illinois Supreme Court 

On Tuesday, July 18, 2023 the Illinois Supreme Court issued their decision to uphold the Pretrial Fairness Act or ending money bond in Illinois, in Rowe v. Raoul. This is a victory for ICADV as we, along with several other survivor-based advocacy organizations, were at the table negotiating survivor protections early on in the drafting of the language. ICADV is grateful to the End Money Bond Coalition, Sharone Mitchell, Senators Robert Peters, and Elgie Sims for including us in the process.


The Illinois Supreme Court indicated that implementation is to take place within sixty days after the filing of the opinion which is September 18, 2023. We will keep you updated on implementation news from the Illinois Pretrial Implementation Task Force. A very large thank you to the Advocacy, Funding, and Accountability Committee that created a work group who walked through all the details of the multiple drafts of the original bill, offered ideas, suggestions, and changes many of which many made it into the final act - without all of you ICADV would not be here today celebrating this victory.  


There is really good analysis of the decision already out there so I will leave it to those who did the heavy lifting in reporting on the decision:

Illinois Supreme Court rules ending cash bail is constitutional

Illinois Supreme Court rules ending cash bail is constitutional

Top court rejects “uneven reasoning” on SAFE-T Act

Top court rejects “uneven reasoning” on SAFE-T Act

Beyond the rhetoric

Beyond the rhetoric

The Illinois Supreme Court Pretrial Implementation Task Force was created in 2020 to prioritize and implement the recommendations of the Supreme Court Commission on Pretrial Practices Final Report and help prepare the justice system for the changes coming once the Pretrial Fairness Act (PFA) takes effect in 2023. The PFA was passed as part of the Public Act 101-0652, signed into law by the Governor in February 2021. 

Pretrial Implementation Task Force

BILLS: WHAT PASSED & WHAT DID NOT

Improves remedy 14.5 Prohibition of Firearms at the emergency protection order making issuing the order more consistent across the state


Removes notice and opportunity to be heard language and creates a process for effectuating the removal of the firearms


Language was included in HB676 HA 1, a firearm omnibus bill


Omnibus bill passed the House but did NOT pass the Senate

Brings victims’ rights into parity with those of large corporations by giving all victims timely notice of criminal hearings, ensuring that law enforcement shall not discourage or cause to discourage the making of a police report, and improves the Justice for Victims of Sex Trafficking Act


Bill did NOT make it out of committee


Bill sponsor, Representative Cassidy, submitted a resolution, HR325; Equal Rights-All Crime Victims which was adopted by the House

Creates a remedy for someone to bring against someone else who revealed their personal information such as their name, phone number, address, employer information, and location for malicious and harmful purposes


Anti-Defamation League bill


Passed both houses and was signed by the Governor, PA103-439.

Creates a civil remedy for someone who has had their image used without their knowledge by imposing over other images including pornographic images and this use of their image created substantial harm


Passed both Houses and was signed by the Governor, PA103-294

Creates consistency in the timing of when survivors can petition for resentencing


Clarifies that there must not be any substantial evidence of domestic violence presented at trial


Ensures all victims of gender-based violence are included, such as sexual assault and trafficking victims, so that they have the ability to make a petition


Passed both Houses and was signed by the Governor, PA103-403

Creates a rebuttable presumption that supports keeping children with the parent who experienced domestic violence absent other parental acts or omissions, making clear that the court can assign responsibility to the domestic violence perpetrator, not the domestic violence victim


Adds a definition of “environment injurious” that aligns with the Illinois Abused and Neglected Child Reporting Act


Preserves privilege for domestic violence service providers so that families can fully engage in service


Bill was sent to committee but did not move


Collaborative group is continuing to work on the bill. For more information, contact Christine.

Will prevent future youth trafficking survivors from being given extreme penalties after being convicted for acts of self-defense


Adds critical mitigating factors to the Juvenile Court Act and Unified Code of Corrections


  • During sentencing, judges will be able to consider life-altering trauma like domestic and sexual violence, and sexual exploitation, and can choose to depart from an extreme mandatory sentence so that a youth will not endure additional harms in an adult prison.



  • A judge can also reflect on a child’s involvement in the child welfare systems or identify other negative influences that may have led to a youth experiencing sex trafficking.


Passed both Houses and was signed by the Governor, PA103-191

Provides that entities who operate automated license plates reader shall not share or transfer ALPR information


  • Currently license plate reader information that is collected by private entities is being used to locate survivors and others.


Removes notice and opportunity to be heard language and create a process for effectuating the removal of the firearms


Bill passed and was signed by the Governor, PA103-540

Prohibits a limited services pregnancy center from engaging in unlawful methods of competition or unfair or deceptive acts or practices


Bill passed and was signed by the Governor, PA103-270

Provides that an individual or group of policy of accident and health insurance amended, delivered, issued, or renewed in the state on or after January 1, 2024, shall provide coverage for all abortifacients, hormonal therapy medication, human immunodeficiency virus pre-exposure prophylaxis and post-exposure drugs approved by the United States Food and Drug Administration, and follow up services related to that coverage


Bill passed and was signed by the Governor, PA103-462

Amends the Gender Violence Act


Defines "employee", "employer", "work environment", and "workplace"


Changes the definition of "gender-related violence" to include domestic violence


Provides that an employer shall be liable only for gender-related violence committed in the work environment by an employee or agent of the employer


Provides specific instances in which an employer is liable for gender-related violence


Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, dissolution of civil union agreement, dissolution of domestic partnership agreement, or custody agreement


Bill passed and was signed by the Governor, PA103-282

Amends various Acts concerning children by replacing certain pronouns with the nouns to which the pronouns refer


Replaces certain instances of the word "biological"


Changes the Independent Juvenile Ombudsman to the Independent Juvenile Ombudsperson


Deletes certain obsolete language


Effective 60 days after becoming law


Bill was signed by the Governor, PA103-0022

Amends the Transportation Network Providers Act


Deletes language: (i) providing that a Transportation Network Company is not deemed to own, control, operate, or manage the vehicles used by Transportation Network Company drivers, and is not a taxicab association or a for-hire vehicle owner; and (ii) providing that Transportation Network Companies or Transportation Network Company drivers are not common carriers, contract carriers or motor carriers, as defined by applicable State law, nor do they provide taxicab or for-hire vehicle service


Effective immediately


Bill was signed by the Governor, PA103-527

Amends the Criminal Identification Act


Provides that a trafficking victim may petition for vacation and expungement of an offense (rather than shall be eligible to petition for immediate sealing) upon the completion of his or her last sentence if his or her participation in the underlying offense was proximately caused by the human trafficking (rather than a direct result of human trafficking)


Provides that, if the offense is a crime of violence, the trafficking victim may petition for immediate sealing of the offense upon the completion of his or her last sentence


Provides that a petition may be prepared, signed, and filed electronically


Provides that the court may allow the petitioner to attend any required hearing remotely by audiovisual conference if the petition affirms that attendance in court would be an undue hardship or could create a risk of harm to the petitioner and provides that the court may allow a petition to be filed under seal if the public filing of the petition would constitute a risk of harm to the petitioner


Bill was signed by the Governor, PA103-0035

HB2297, Gender Inclusive Data Reports 


HB2493, Victim Econ Security and Safety  


HB2607, Crim Pro Child Testimony  


HB2841, Vital Record Certify Letter 


HB3103, Order of Protection Military 


HB1197 Charit Org Report  

HB1347, DHS-Diaper Allowance  


HB3596, Crime Victims Compensation  


SB1478, DCFS Due Process Youth in Care 

There are a few bills that were designed to create a new criminal charge of domestic assault. ICADV opposed these bills, and they did not move in committee. You can see the language here.  


The old IMDMA bill (HB0041) that references fit parents and eliminates the best interest factor in parenting time determinations about the time spent with the child in the 24 months prior to filing did not move through committee. You can see it here.  

Replaces everything after the enacting clause with the provisions of the introduced bill


In the Court Record and Document Accessibility Act, provides that the General Assembly encourages the Supreme Court to consider establishing a process for access to court files (rather than requiring the Supreme Court to establish a process for access to court files) that are limited by statute or court rule that includes standardized forms and provisions for requesting access to documents in court files that are restricted in any manner


Removes language requiring the Supreme Court to create a statewide standardized form to request access to documents in a court file that is restricted in any manner


Bill passed both houses and was signed by the Governor, PA103-166

The lobbying fee waiver bill (SB1349) did not make it out of committee. This bill would have allowed for a waiver of the lobbying registration fee for any not-for-profit entity with an annual budget of less than $5 million that is classified as tax exempt under Section 501(c)(3) of the Internal Revenue Code, including a waiver for any lobbyist that exclusively lobbies on behalf of the entity.  


 Christine also made contact and had conversations that impacted SB1886 as survivors were implicated, during committee debate and on the House floor. Language was amended through negotiations between opposition and the sponsoring organization. This bill passed and only allows for a judge to order restrictions on alcohol and cannabis if a proper substance abuse assessment indicates those restrictions are needed as terms of conditions of probation.   

ICADV supports the right to counsel for all youth that is separate from a Guardian ad Litem. ICADV is part of a collaborative group working to advance SB1478, Youth Right to Counsel. Particularly ICADV would like language in the bill that provides a statewide right to counsel for all children (or children of a certain age) and prohibit layers from serving as counsel and GAL simultaneously or at least provide protections to address ethical concerns.  


The Advocacy, Funding and Accountability (AFA) Committee will be working on an issue raised by HB679 HA1 which claims that the Illinois Domestic Violence Act (IDVA) limits the ability of LE and State’s Attorneys to run juvenile court-based diversion programs for youth charged with domestic battery. ICADV’s position is that the language of the IDVA is broad enough to allow for participation in a diversion program without arrest for youth. ICADV understands that this bill will be coming back, and the AFA Committee has formed a work group to develop strategy around how to approach the bill and sponsors. If you would like more information, please contact Christine.   

NNEDV ADVOCACY DAY

ICADV was in Washington, DC June 5 through June 8 for Advocacy Day on the Hill on June 7, 2023. It so great having Carrie Ward, President/CEO, Illinois Coalition Against Sexual Assault and Sayeed Sanchez, Advocacy Coordinator, from Mujeres Latinas en Acción. Christine, Carrie, and Sayeed attended the preparation day on June 6. On June 7, the three attended a record high of 13 meetings in one day with Illinois Congressional members and staff including both Senators. During the meetings, the group highlighted the need for federal appropriations that support domestic violence and sexual assault survivors. Highlighting two key issues that the Family Violence Prevention Services Act needs appropriation without the reauthorization passing through last year and for the Victims of Crime Act to be funded at a higher level that was is currently in the Crime Victims Trust Fund. Christine followed up with thank you letters to all that included offers for Congress members to visit their local service provider since many districts have changed and with the new Congress members. If you have an interest in hosting your Congress member and would like Christine to help facilitate, please contact Christine.  

Christine Raffaele (ICADV), Carrie Ward (ICASA), and Sayeed Sanchez (Mujeres) at the NNEDV Advocacy congressional reception.

Christine Raffaele at the NNEDV Advocacy Day.

Sayeed Sanchez (Mujeres), Congressman LaHood, Carrie Ward (ICASA), and Christine Raffaele (ICADV).

IN-PERSON ICADV MEMBER ADVOCACY RECAP

The Advocacy, Funding and Accountability (AFA) Committee has a workgroup to help support membership in developing their own in person advocacy efforts. The Committee was engaged in several activities this last fiscal year. The Committee kicked off legislative session with a training on Legislative Advocacy in January that featured lobbying vs. advocacy, the legislative process, and in person advocacy and building relationships. ICADV had 85 registrants and overall feedback was positive. If you would like access to the training, please contact Christine.  


After the Legislative Advocacy training, there were seven members that came to Springfield and participated in 25 separate meetings with their legislators. To end the legislative session, we had a legislative town hall and had 47 attendees, 7 legislators attend, 6 Representatives and 1 Senator.  

Vickie Smith (ICADV), Lori Mitchell (ICASA), Mutual Ground with Senator Cristina Castro

Vickie Smith (ICADV), Mutual Ground with Representative Maura Hirschauer

Christine Raffaele (ICADV), Lori Mitchell (ICASA), Western Illinois Regional Council - Community Action Agency Victim Services (WIRC-CAA) with Representative Norine Hammond

Christine Raffaele (ICADV), YWCA Sauk Valley with Representative Bradley Fritts

Mujeres Latinas en Accion with Senator Ann Gillespie

Christine Raffaele (ICADV), Family Resources with Representative Greg Johnson

Western Illinois Regional Council - Community Action Agency Victim Services (WIRC-CAA) with Representative Dan Swanson

Christine Raffaele (ICADV), Carrie Ward (ICASA), Susan Bursztynsky (Safe Journeys) with Representative Dennis Tipswood, Jr.

Carrie Ward (ICASA), Susan Bursztynsky (Safe Journeys) with Representative Jason Bunting

ARTICLES & RESOURCES

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