Kane County Reporter

Dan Ugaste introduced HB4002 in the Illinois House on Feb. 27, 2025, during the general assembly session 104, according to the Illinois General Assembly.

According to the Illinois General Assembly site, the legislature summarized the bill's official text as follows: "Amends the Code of Criminal Procedure of 1963. Provides that law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A or B misdemeanor (rather than any offense that is not a felony or Class A misdemeanor) unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused's own safety. Provides that nothing in this provision requires arrest in the case of Class A or B (rather than a Class A) misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest."

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends the Code of Criminal Procedure of 1963 to require law enforcement to issue a citation instead of a custodial arrest for individuals accused of non-felony or Class C misdemeanors, expanding from the previous threshold that excluded Class A misdemeanors only. Exceptions to this requirement include situations where the officer believes the individual poses a threat, where the criminal activity continues despite a citation, or where the individual has a medical or mental health issue that risks their safety. The bill also clarifies that arrest is not mandatory for Class A or B misdemeanors and felonies, allowing law enforcement discretion. Additionally, the bill outlines provisions for pretrial release processes, ensuring defendants have access to counsel and the ability to appear via audio-visual communication under specified conditions, while maintaining rights to consular notification for foreign nationals.

Dan Ugaste has proposed another 40 bills since the beginning of the 104th session.

Ugaste graduated from Lake Forest College in 1985 with a BS and again in 1988 from DePaul University College of Law with a JD.

Dan Ugaste is currently serving in the Illinois State House, representing the state's 65th House District. He replaced previous state representative Steven Andersson in 2019.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Bill Number	Date Introduced	Short Description
HB4002	02/27/2025	Amends the Code of Criminal Procedure of 1963. Provides that law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A or B misdemeanor (rather than any offense that is not a felony or Class A misdemeanor) unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused's own safety. Provides that nothing in this provision requires arrest in the case of Class A or B (rather than a Class A) misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest.
HB3531	02/07/2025	Amends the Counties Code and the Illinois Municipal Code. Provides that a county or a municipality shall not require a school district organized under the School Code or a park district organized under the Park District Code to provide paid leave to the employees of the school district or park district. Limits home rule powers. Amends the Paid Leave for All Workers Act. Provides that the definition of "employee" does not include: (1) an employee engaged in the transportation of goods through this State; or (2) an employee who is free to decide what time the employee performs duties for an employer. Makes changes to provisions concerning the provision of paid leave; the responsibilities of the Department of Labor; and enforcement and penalties.
HB3581	02/07/2025	Amends the Dissolution of Townships in McHenry County Article of the Township Code. Renames the Article and makes it applicable to all counties under township organization. Amends the Counties Code and the Motor Fuel Tax Law making conforming changes. Amends the Illinois Highway Code. Changes provisions requiring road districts in townships in Lake County and McHenry County to be abolished if the roads of the road district are less than 15 miles in length to require all townships to abolish such road districts. Repeals provisions making abolition permissive for townships with road districts that have roads of less than 15 miles in length. Effective immediately.
HB3014	02/06/2025	Amends the State Budget Law of the Civil Administrative Code. Provides that, beginning with the budget prepared for Fiscal Year 2027, the rate of growth of appropriations from the State general funds over the preceding fiscal year appropriations from the State general funds shall not exceed the rate of growth of the Illinois economy. Provides that the rate of growth of the Illinois economy is the compound annual growth rate of the gross domestic product in the State over the preceding 10 calendar years, calculated using data reported by the United States Bureau of Economic Analysis or its successor agency before December 31 immediately preceding the beginning of the applicable fiscal year.
HB3016	02/06/2025	Amends the Paid Leave for All Workers Act. Provides that the definition of "employee" does not include a student enrolled in and regularly attending high school classes, who is under 18 years of age, and who is employed on a temporary basis or less than full time.
HB2838	02/05/2025	Amends the Biometric Information Privacy Act. Changes the definition of "biometric identifier". Defines "biometric lock", "biometric time clock", "person", and "security purpose". Waives certain requirements for collecting, capturing, or otherwise obtaining a person's or a customer's biometric identifier or biometric information under certain circumstances relating to security purposes. Provides that nothing in the Act shall be construed to apply to information captured by a biometric time clock or biometric lock that converts a person's biometric identifier or biometric information to a mathematical representation. Provides that any person aggrieved by a violation of this Act has a right of action in State court or federal court within one year from its occurrence. Requires the aggrieved person to provide the private entity 30 days a written entity alleging the specific provisions of the Act that have been violated. Provides the private entity 30 days to cure the noticed violation. Exempts a private entity if its employees are covered by a collective bargaining agreement that provides for different policies regarding the retention, collection, disclosure, and destruction of biometric information. Effective immediately.
HB2839	02/05/2025	Amends the Metropolitan Transit Authority Act. Provides that, on January 1, 2026 the Chicago Transit Authority shall become a division of the Regional Transportation Authority. Abolishes the Chicago Transit Board and provides that the Board of Directors of the Regional Transportation Authority will serve as the Board of the Chicago Transit Authority. Makes conforming changes. Amends the Regional Transportation Authority Act. Provides that, on January 1, 2026 the Suburban Bus Board and the Commuter Rail Board are abolished and that the Board of Directors of the Regional Transportation Authority will directly operate the Suburban Bus Division and the Commuter Rail Division of the Regional Transit Authority. Creates various committees composed of Directors of the Board of the Regional Transportation Authority, including committees to oversee the operations of each Division of the Authority. Makes conforming changes. Amends the Open Meetings Act, State Employees Group Insurance Act of 1971, and the Illinois Municipal Code making conforming changes. Effective January 1, 2026.
HB2840	02/05/2025	Amends the Workers' Compensation Act. Makes existing medical fee schedules inoperative after August 31, 2026. Provides that the Illinois Workers' Compensation Commission shall establish new medical fee schedules applicable on and after September 1, 2026 in accordance with specified criteria. Provides for 4 non-hospital fee schedules and 14 hospital fee schedules applicable to different geographic areas of the State. Sets forth a procedure for petitioning the Commission if a maximum fee causes a significant limitation on access to quality health care in either a specific field of health care services or a specific geographic limitation on access to health care. Effective immediately.
HB2841	02/05/2025	Amends the Nursing Home Care Act. Makes a technical change in a Section concerning definitions.
HB2842	02/05/2025	Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the short title.
HB2843	02/05/2025	Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning construction of the Code.
HB2844	02/05/2025	Amends the Notice By Publication Act. Makes a technical change in a Section concerning the short title.
HB2845	02/05/2025	Amends the Illinois Banking Act. Makes a technical change in a Section concerning the short title.
HB2441	02/03/2025	Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately.
HB2442	02/03/2025	Amends the Illinois Vehicle Code. Allows vehicles used by by local emergency services and disaster agencies, when responding to a bona fide emergency and when used in combination with red oscillating, rotating, or flashing lights, to install and operate a traffic control signal preemption device.
HB2443	02/03/2025	Amends the Downstate Police Article of the Illinois Pension Code. Provides that, at any time during the 6 months following the effective date of the amendatory Act, an active member of a downstate firefighters' pension fund may apply for transfer to that fund of up to 8 years of his or her creditable service accumulated in a police pension fund under the Downstate Police Article that is administered by a unit of local government if that active member was not subject to disciplinary action when he or she terminated employment with that police department. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
HB2356	01/30/2025	Amends the Mental Health and Developmental Disabilities Code. Provides that, if a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part thereof, or by a law enforcement official or a school administrator, then the physician, clinical psychologist, or qualified examiner shall notify the Department of Human Services and a law enforcement official or school administrator shall notify the Illinois State Police and the appropriate local law enforcement agency (rather than shall notify the Illinois State Police), within 24 hours of making the determination that the person poses a clear and present danger.
HB2357	01/30/2025	Amends the Illinois Public Demonstrations Law. Replaces all references to the principal law enforcement officer for the area with references to the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates. Provides that a person who blocks an exceptionally busy public right-of-way for any period of not less than 5 minutes in a manner that prevents, or would prevent, the free passage of a peace officer, a firefighter, or an emergency medical services personnel responder, irrespective of the time of day or notice provided, commits a Class 4 felony. Provides that no act of notification to law enforcement is a defense to the Class 4 felony. Provides that no act or circumstance of scheduling or time is a defense to the Class 4 felony. Provides that if permission is requested from the sheriff of the county where the march, assembly, meeting, parade, or gathering on roadways originates under, it is the responsibility of the sheriff, not the requester, to coordinate with other law enforcement agencies in other jurisdictions as necessary. Preempts the concurrent exercise of home rule. Defines "exceptionally busy public right of way". Makes findings. Effective immediately.
HB1463	01/21/2025	Amends the Illinois Emergency Management Agency Act. Provides that procedural requirements regarding the Governor taking possession of property for and on behalf of the State must take place in cases where the sum that the owner is willing to accept as just compensation is less than $25,000 (currently, $1,000). Provides that if the Governor issues a proclamation declaring a disaster, the Governor may extend the proclamation or make an additional proclamation regarding the same disaster, but the extension or additional proclamation shall be void and have no legal effect unless within 5 days of the extension or additional proclamation (i) he or she receives written approval to extend the proclamation or make an additional proclamation from 3 legislative leaders or (ii) the General Assembly adopts a joint resolution approving the extension or additional proclamation. Provides that a disaster proclamation issued, or a disaster proclamation regarding the same disaster, shall be void and have no legal effect if at any time the General Assembly adopts a joint resolution declaring the proclamation to be void. Provides that after a disaster proclamation is issued a member of the General Assembly may at any time file a request with the Clerk of the House of Representatives and the Secretary of the Senate for a session to consider the proclamation if the request is signed by no fewer than 20 members of the General Assembly. Provides that upon such a filing, the House of Representatives and Senate shall convene within 5 calendar days and vote on a resolution declaring the proclamation void.
HB1464	01/21/2025	Amends the Code of Civil Procedure. Provides that any defendant whose fault is less than 50% (rather than 25%) of the total fault of all tortfeasors shall be severally liable for all other damages. Provides that any defendant whose fault is 50% (rather than 25%) or greater of the total fault of all tortfeasors shall be jointly and severally liable for all other damages. Provides that the changes made by the amendatory Act apply to actions filed on or after the effective date of the amendatory Act.
HB1465	01/21/2025	Amends the Illinois Human Rights Act. Requires a trade union to provide sexual harassment prevention training to its workers. Provides that any trade union providing sexual harassment prevention training shall use the model sexual harassment prevention training program created by the Department of Human Rights, provide that training at least once a year to all workers, and maintain a log indicating each worker's yearly training status. Provides that a trade union worker is not required to participate in a sexual harassment prevention training program each time the worker is hired for a new job if the worker has already participated in a sexual harassment prevention training program during that calendar year.
HB1466	01/21/2025	Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for the dismissal of an action, with or without prejudice. Provides that a defendant's objection to an affidavit of merit shall be raised in a motion filed within 90 days after the affidavit of merit is served. Provides that if the court determines that an affidavit of merit does not fully comply with the requirements, the court shall allow the plaintiff 56 days to file one or more affidavits of merit that correct the deficiencies identified by the court. Provides that a defendant shall participate in discovery in the action as required by court rules. Provides that an affidavit of merit is not required in an action for breach of contract against an architect, engineer, or surveyor that does not involve the standard of care.
HB1403	01/16/2025	Appropriates $80,000,000 from the General Revenue Fund to the Law Enforcement Training Standards Board for deposit into the Law Enforcement Camera Grant Fund to assist units of local government in Illinois with full compliance with the mandates of the Law Enforcement Officer-Worn Body Camera Act. Contains provisions on legislative findings. Effective immediately.
HB1404	01/16/2025	Amends the Code of Criminal Procedure of 1963. Restores certain provisions of Code of Criminal Procedure of 1963 concerning cash bail to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment with specified modifications. Establishes additional pretrial procedures. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall provide to the victim at pretrial stages of the proceedings notification of all pretrial hearings, all bail decisions, conditions of release related to the victim's safety, the defendant's release from custody, and instructions on seeking enforcement of release conditions. Amends the Pretrial Services Act. Provides that pretrial services agencies shall implement a system of court date reminders, including location, date, and time of the court appearance. Provides that reminders shall be provided one to 3 days prior to each scheduled court appearance. Establishes responsibilities of the Administrative Office of the Illinois Courts concerning pretrial services. Amends the Unified Code of Corrections. Provides for specified offenses for which the domestic violence surveillance program is applicable. Provides that the supervising authority shall use the best available global positioning technology to track domestic violence offenders, if available and reliable in the supervising authority's jurisdiction.
HB1405	01/16/2025	Amends the Criminal Code of 2012. Increases penalties by one class for unlawful possession of weapons when a person knowingly: (1) carries or possesses in any vehicle or concealed on or about his or her person except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm; or (2) carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a municipality except when an invitee in or on the public street, alley, or other public lands, for the purpose of the display of the weapon or the lawful commerce in weapons, or except when on his or her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm. Provides that a first offense of aggravated unlawful possession of a weapon committed with a firearm by a person 18 years of age or older where certain factors exist is a Class 3 felony (rather than a Class 4 felony), for which the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than 5 years. Increases the penalty by one class for unlawful possession of firearms. Makes other changes.
HB1406	01/16/2025	Amends the Juvenile Court Act of 1987. Precludes the court from ordering the automatic expungement of the juvenile court and law enforcement records of a delinquent minor based on an attempt to commit a disqualified offense.
HB1407	01/16/2025	Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" under the Act, home invasion in which the defendant commits against any person or persons within the dwelling place criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse.
HB1408	01/16/2025	Amends the Criminal Code of 2012. Provides that disorderly conduct, when a person knowingly does any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace, is a Class A misdemeanor if the violation results or requires a business or facility to close during the breach of the peace.
HB1321	01/14/2025	Amends the Property Tax Code. Provides that no taxing district may hold more than 150% of the previous levy year's property tax collections in cash or cash-equivalent assets. Provides that excess amounts shall be refunded to taxpayers. Effective immediately.
HB1322	01/14/2025	Amends the Gas Use Tax Law. Exempts certain business enterprises from taxation under the Act. Amends the Gas Revenue Tax Act. Provides that the definition of "gross receipts" does not include consideration received from certain business enterprises. Amends the Electricity Excise Tax Law. Provides that the tax under the Act is not imposed with respect to any use by the purchaser in the process of manufacturing or assembling tangible personal property for wholesale or for retail sale or lease. Effective immediately.
HB1323	01/14/2025	Amends the Bond Authorization Act. Provides that the authority of a public corporation to levy taxes in connection with the payment of bonds or other evidences of indebtedness ceases upon the maturity date of the bond or other evidence of indebtedness or upon the discharge of the debt, whichever comes first. Effective immediately.
HB1324	01/14/2025	Amends the Illinois Income Tax Act. Creates an income 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. Effective immediately.
HB1304	01/13/2025	Creates the Local Government Elected Official Recall Act. Provides that local officeholders who were elected during a general or consolidated election may be recalled under the Act. Establishes petition requirements for recall elections. Limits home rule powers.
HB1253	01/10/2025	Amends the Workers' Compensation Act. Provides that an injury arises out of and in the course of employment only if the accident significantly caused or contributed to both the resulting condition and the disability. Provides that an injury does not arise out of and in the course of employment if (1) the hazard or risk was not incidental to employment and was a hazard or risk to which the general public is also exposed, (2) the injury did not occur at a time and place and under circumstances reasonably required by the employment, or (3) the disability resulted from a personal risk. Limits conditions under which repetitive or cumulative trauma is compensable. Provides that gradual deterioration or progressive degeneration of the body caused by aging is not compensable as repetitive or cumulative trauma. Effective immediately.
HB1254	01/10/2025	Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately.
HB1255	01/10/2025	Amends the Workers' Compensation Act. Provides that, in computing the compensation to be paid to an employee who, before the accident for which the employee claims compensation, had before that time sustained an injury resulting in a permanency award or settlement, the award or settlement shall be deducted from any award made for the subsequent injury. Provides that, if an employee received an award or settlement for a shoulder injury between 2012 and the effective date of the amendatory Act, then the award or settlement shall be converted to the appropriate number of weeks for an arm and the credit taken against any award or settlement shall be taken on the arm. Effective immediately.
HB1256	01/10/2025	Amends the Workers' Compensation Act in relation to custom compound medications. Sets forth conditions for approval of payment. Provides that charges shall be based upon the specific amount of each component drug and its original manufacturer's National Drug Code number and also upon specified criteria. Provides that a provider may prescribe a one-time 7-day supply unless a prescription for more than 7 days is preauthorized by the employer. Effective immediately.
HB1257	01/10/2025	Amends the Workers' Compensation Act concerning injuries sustained by employees during travel. Provides that accidental injuries sustained while traveling to or from work do not arise out of and in the course of employment, except under specified circumstances. Provides that the injury may arise out of and in the course of employment if, at the time of the injury, the employee was performing acts the employer instructed the employee to perform, acts that the employee had a common law or statutory duty to perform while performing duties for his or her employer, or acts that the employee might be reasonably expected to perform incident to his or her assigned duties. Effective immediately.
HB1258	01/10/2025	Amends the Workers' Compensation Act. Provides that, for purposes of awarding compensation for injuries, an injury to the shoulder shall be considered an injury to a part of the arm and an injury to the hip shall be considered an injury to a part of the leg. Effective immediately.
HB1259	01/10/2025	Amends the Workers' Compensation Act. Provides that for purposes of computing compensation for an employee who had a prior compensated injury to the spine, the prior compensation shall be deducted from compensation awarded for a subsequent injury to the same part of the spine. Effective immediately.
HB0009	01/09/2025	Amends the School Code. Provides that the State Board of Education shall establish and administer a program to award property tax relief grants to school districts in this State. Provides that, in exchange for receiving a grant, a school district's maximum aggregate property tax extension for the taxable year that begins on January 1 of the fiscal year for which the grant is awarded may not exceed an adjusted maximum aggregate property tax extension for that taxable year. Creates the Education Property Tax Relief Fund as a special fund in the State treasury for the purpose of awarding grants. Sets forth provisions concerning the Education Property Tax Relief Fund. Amends the State Finance Act to make conforming changes. Effective immediately.