Bill Text: IL HB0929 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning bail bond.
Spectrum: Partisan Bill (Democrat 26-1)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0929 Detail]
Download: Illinois-2011-HB0929-Amended.html
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1 | AMENDMENT TO HOUSE BILL 929
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2 | AMENDMENT NO. ______. Amend House Bill 929, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
6 | amended by adding Article 124C as follows:
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7 | (725 ILCS 5/Art. 124C heading new) | ||||||
8 | ARTICLE 124C. SMART ENFORCEMENT LAW | ||||||
9 | (725 ILCS 5/124C-1 new) | ||||||
10 | Sec. 124C-1. Short title. This Article may be cited as the | ||||||
11 | Smart Enforcement Law.
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12 | (725 ILCS 5/124C-5 new) | ||||||
13 | Sec. 124C-5. Preamble and findings. | ||||||
14 | (a) The State of Illinois is committed to upholding our |
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1 | criminal laws and in imposing appropriate penalties for those | ||||||
2 | convicted of criminal offenses. In the case of noncitizens of | ||||||
3 | the United States, the consequences of criminal convictions may | ||||||
4 | include removal from the United States by U.S. Immigration and | ||||||
5 | Customs Enforcement (ICE). | ||||||
6 | (b) In 2007, in enacting Public Law 110-161, 121 Stat. | ||||||
7 | 1844, 2365, Congress provided initial appropriations to | ||||||
8 | "improve and modernize efforts to identify aliens convicted of | ||||||
9 | a crime, sentenced to imprisonment, and who may be deportable, | ||||||
10 | and remove them from the United States once they are judged | ||||||
11 | deportable". ICE has used this funding to create the "Secure | ||||||
12 | Communities" program, through which ICE receives and reviews | ||||||
13 | fingerprints that local police take for criminal suspects upon | ||||||
14 | booking. | ||||||
15 | (c) Illinois participates in the "Secure Communities" | ||||||
16 | pursuant to a Memorandum of Agreement entered into by ICE and | ||||||
17 | the Illinois State Police on November 2, 2009. ICE is | ||||||
18 | implementing the program in counties throughout Illinois and | ||||||
19 | intends to cover the entire nation by 2013. | ||||||
20 | (d) Contrary to the goal, stated by Congress and affirmed | ||||||
21 | by ICE, of identifying and removing noncitizens convicted of | ||||||
22 | crimes, "Secure Communities" has largely been identifying | ||||||
23 | individuals with no criminal convictions for ICE arrest and | ||||||
24 | removal. Through February 2011, 46.5% of individuals arrested | ||||||
25 | by ICE under "Secure Communities" had no convictions. | ||||||
26 | (e) "Secure Communities" imposes additional costs upon |
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1 | county jails and other local law enforcement by requiring that | ||||||
2 | the jails hold individuals who may otherwise be released. The | ||||||
3 | costs of these holds are borne by local taxpayers. | ||||||
4 | (f) By subjecting individuals with no criminal convictions | ||||||
5 | to removal, "Secure Communities" disrupts families and | ||||||
6 | communities, encourages racial and ethnic profiling, burdens | ||||||
7 | taxpayers, and poses harm to our State as a whole. | ||||||
8 | (g) Because the "Secure Communities" program is straying so | ||||||
9 | far from its stated goals, at significant cost to families and | ||||||
10 | communities, the State must monitor and review the impact of | ||||||
11 | this program to determine whether it is indeed benefiting the | ||||||
12 | people of Illinois. | ||||||
13 | (h) ICE itself has been unclear and uncertain as to whether | ||||||
14 | counties and local jurisdictions can choose not to participate | ||||||
15 | in "Secure Communities", even if they believe that the program | ||||||
16 | would harm their communities. The State should accordingly | ||||||
17 | enable counties and local jurisdictions to refuse to | ||||||
18 | participate should they choose to do so.
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19 | (725 ILCS 5/124C-10 new) | ||||||
20 | Sec. 124C-10. Participation in the U.S. Immigration and | ||||||
21 | Customs Enforcement "Secure Communities" Program. | ||||||
22 | (a) This Section pertains to the U.S. Immigration and | ||||||
23 | Customs Enforcement (ICE) "Secure Communities" Program, in | ||||||
24 | which Illinois participates pursuant to a "Memorandum of | ||||||
25 | Agreement Between the U.S. Department of Homeland Security |
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1 | Immigration and Customs Enforcement and the Illinois State | ||||||
2 | Police" entered into on November 2, 2009. | ||||||
3 | (b) The Illinois State Police shall identify a means by | ||||||
4 | which a local law enforcement agency may request to withhold | ||||||
5 | its participation in the "Secure Communities" program, and | ||||||
6 | shall facilitate any such request to the appropriate federal | ||||||
7 | agencies. | ||||||
8 | (c)(1) Any county participating in the "Secure | ||||||
9 | Communities" program shall submit to the Illinois State Police, | ||||||
10 | in a form and manner to be determined by the Illinois State | ||||||
11 | Police, the following information: | ||||||
12 | (A) the number of individuals held by the county's jail | ||||||
13 | during each calendar month pursuant to a detainer issued by | ||||||
14 | ICE requesting that the jail hold an individual until ICE | ||||||
15 | takes that individual into its custody; | ||||||
16 | (B) with respect to those individuals subject to such | ||||||
17 | detainers: | ||||||
18 | (i) the charge or charges for which the individual | ||||||
19 | was arrested; | ||||||
20 | (ii) to the extent known by the county, whether the | ||||||
21 | arrest occurred after a traffic stop, after a Terry | ||||||
22 | stop, pursuant to an arrest warrant, or under other | ||||||
23 | circumstances relating to warrantless arrests; | ||||||
24 | (iii) the charge or charges if any for which the | ||||||
25 | individual was arraigned and prosecuted; | ||||||
26 | (iv) the disposition of the criminal charge or |
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1 | charges described in clause (iii) of this paragraph | ||||||
2 | (1), and the date of the disposition; | ||||||
3 | (v) whether bond was posted for the individual, and | ||||||
4 | if so, the date on which bond was posted; | ||||||
5 | (vi) the length of time (in days) the individual | ||||||
6 | was held in the jail's custody; | ||||||
7 | (vii) whether ICE took the individual into | ||||||
8 | custody, and if so, the date on which ICE took custody; | ||||||
9 | (viii) the cost incurred by the county for holding | ||||||
10 | these individuals subject to the ICE detainer beyond | ||||||
11 | the date on which bond was posted or they otherwise | ||||||
12 | became subject to release, and whether the county | ||||||
13 | requested reimbursement for any federal agency to | ||||||
14 | cover expenses arising from the ICE detainers; | ||||||
15 | (ix) the individual's national origin, if | ||||||
16 | voluntarily reported by the individual, provided that | ||||||
17 | nothing in this reporting requirement shall be | ||||||
18 | construed to require that the county determine or | ||||||
19 | inquire into the national origin of any such | ||||||
20 | individuals, or to authorize any law enforcement | ||||||
21 | agencies to compel such individuals to provide this | ||||||
22 | information; | ||||||
23 | (x) to the extent known by the county, whether the | ||||||
24 | detainer arose pursuant to the "Secure Communities" | ||||||
25 | program, the ICE Criminal Alien Program, an "immigrant | ||||||
26 | alien query" requested by the arresting law |
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1 | enforcement agency, or other means. | ||||||
2 | (2) The Illinois State Police shall arrange for the data | ||||||
3 | collected pursuant to paragraph (1) of this subsection (c) to | ||||||
4 | be made available to the public. | ||||||
5 | (d) As a condition for its continued participation in the | ||||||
6 | "Secure Communities" program, the State of Illinois shall | ||||||
7 | modify its Memorandum of Agreement with ICE to provide that, in | ||||||
8 | line with ICE's Congressional authorization of identifying | ||||||
9 | "aliens convicted of a crime, sentenced to imprisonment, and | ||||||
10 | who may be deportable," Public Law 110-161, 121 Stat. 1844, | ||||||
11 | 2365 (2007),
no Illinois arrest record information regarding | ||||||
12 | any individual may be analyzed by ICE through the "Secure | ||||||
13 | Communities" program unless such individual has been convicted | ||||||
14 | of a criminal offense.
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
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