Bill Text: IL HB0929 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by adding Article 124C as follows:
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6 | (725 ILCS 5/Art. 124C heading new) | ||||||
7 | ARTICLE 124C. SMART ENFORCEMENT LAW | ||||||
8 | (725 ILCS 5/124C-1 new) | ||||||
9 | Sec. 124C-1. Short title. This Article may be cited as the | ||||||
10 | Smart Enforcement Law.
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11 | (725 ILCS 5/124C-5 new) | ||||||
12 | Sec. 124C-5. Preamble and findings. | ||||||
13 | (a) The State of Illinois is committed to upholding our | ||||||
14 | criminal laws and in imposing appropriate penalties for those |
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1 | convicted of criminal offenses. In the case of noncitizens of | ||||||
2 | the United States, the consequences of criminal convictions may | ||||||
3 | include removal from the United States by U.S. Immigration and | ||||||
4 | Customs Enforcement (ICE). | ||||||
5 | (b) In 2007, in enacting Public Law 110-161, 121 Stat. | ||||||
6 | 1844, 2365, Congress provided initial appropriations to | ||||||
7 | "improve and modernize efforts to identify aliens convicted of | ||||||
8 | a crime, sentenced to imprisonment, and who may be deportable, | ||||||
9 | and remove them from the United States once they are judged | ||||||
10 | deportable". ICE has used this funding to create the "Secure | ||||||
11 | Communities" program, through which ICE receives and reviews | ||||||
12 | fingerprints that local police take for criminal suspects upon | ||||||
13 | booking. | ||||||
14 | (c) Illinois participates in the "Secure Communities" | ||||||
15 | pursuant to a Memorandum of Agreement entered into by ICE and | ||||||
16 | the Illinois State Police on November 2, 2009. ICE is | ||||||
17 | implementing the program in counties throughout Illinois and | ||||||
18 | intends to cover the entire nation by 2013. | ||||||
19 | (d) Contrary to the goal, stated by Congress and affirmed | ||||||
20 | by ICE, of identifying and removing noncitizens convicted of | ||||||
21 | crimes, "Secure Communities" has largely been identifying | ||||||
22 | individuals with no criminal convictions for ICE arrest and | ||||||
23 | removal. Through February 2011, 46.5% of individuals arrested | ||||||
24 | by ICE under "Secure Communities" had no convictions. | ||||||
25 | (e) "Secure Communities" imposes additional costs upon | ||||||
26 | county jails and other local law enforcement by requiring that |
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1 | the jails hold individuals who may otherwise be released. The | ||||||
2 | costs of these holds are borne by local taxpayers. | ||||||
3 | (f) By subjecting individuals with no criminal convictions | ||||||
4 | to removal, "Secure Communities" disrupts families and | ||||||
5 | communities, encourages racial and ethnic profiling, burdens | ||||||
6 | taxpayers, and poses harm to our State as a whole. | ||||||
7 | (g) Because the "Secure Communities" program is straying so | ||||||
8 | far from its stated goals, at significant cost to families and | ||||||
9 | communities, the State must monitor and review the impact of | ||||||
10 | this program to determine whether it is indeed benefiting the | ||||||
11 | people of Illinois. | ||||||
12 | (h) ICE itself has been unclear and uncertain as to whether | ||||||
13 | counties and local jurisdictions can choose not to participate | ||||||
14 | in "Secure Communities", even if they believe that the program | ||||||
15 | would harm their communities. The State should accordingly | ||||||
16 | enable counties and local jurisdictions to refuse to | ||||||
17 | participate should they choose to do so.
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18 | (725 ILCS 5/124C-10 new) | ||||||
19 | Sec. 124C-10. Participation in the U.S. Immigration and | ||||||
20 | Customs Enforcement "Secure Communities" Program. | ||||||
21 | (a) This Section pertains to the U.S. Immigration and | ||||||
22 | Customs Enforcement (ICE) "Secure Communities" Program, in | ||||||
23 | which Illinois participates pursuant to a "Memorandum of | ||||||
24 | Agreement Between U.S. Department of Homeland Security | ||||||
25 | Immigration and Customs Enforcement and Illinois State Police" |
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1 | entered into on November 2, 2010. | ||||||
2 | (b) The Illinois State Police and other agencies of the | ||||||
3 | State of Illinois, as appropriate, shall create a means by | ||||||
4 | which counties and local jurisdictions seeking not to | ||||||
5 | participate in the "Secure Communities" program will be able to | ||||||
6 | withhold their participation. | ||||||
7 | (c)(1) Any county participating in the "Secure | ||||||
8 | Communities" program shall submit to the Illinois State Police, | ||||||
9 | on the first day of each month, the following information: | ||||||
10 | (A) the number of detainers issued to the county's jail | ||||||
11 | during the preceding calendar month by U.S. Immigration and | ||||||
12 | Customs Enforcement (ICE) requesting that the jail hold an | ||||||
13 | individual until ICE takes that individual into its | ||||||
14 | custody; | ||||||
15 | (B) with respect to each of the individuals subject to | ||||||
16 | such detainers: | ||||||
17 | (i) the charge or charges for which he or she was | ||||||
18 | arrested; | ||||||
19 | (ii) whether the arrest occurred after a traffic | ||||||
20 | stop, after a Terry stop, pursuant to an arrest | ||||||
21 | warrant, or under other circumstances relating to | ||||||
22 | warrantless arrests; | ||||||
23 | (iii) the charge or charges if any for which he or | ||||||
24 | she was arraigned and prosecuted; | ||||||
25 | (iv) the disposition of his or her criminal charge | ||||||
26 | or charges described in clause (iii) of this paragraph |
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1 | (1), and the date of this disposition; | ||||||
2 | (v) whether bond was posted for the individual, and | ||||||
3 | if so, the date on which bond was posted; | ||||||
4 | (vi) the length of time (in days) he or she was | ||||||
5 | held in the jail's custody; | ||||||
6 | (vii) whether ICE took him or her into custody, and | ||||||
7 | if so, the date on which ICE took custody; | ||||||
8 | (viii) the cost incurred by the county for holding | ||||||
9 | each individual subject to the ICE detainer beyond the | ||||||
10 | date on which bond was posted or he or she otherwise | ||||||
11 | became subject to release, and whether the county | ||||||
12 | requested reimbursement for any federal agency to | ||||||
13 | cover expenses arising from the ICE detainers; | ||||||
14 | (ix) his or her national origin, if voluntarily | ||||||
15 | reported by the individual, provided that nothing in | ||||||
16 | this reporting requirement shall be construed to | ||||||
17 | require that the county determine or inquire into the | ||||||
18 | national origin of any such individual, or to authorize | ||||||
19 | any law enforcement agencies to compel such individual | ||||||
20 | to provide this information; | ||||||
21 | (x) whether the detainer arose pursuant to the | ||||||
22 | "Secure Communities" program, the ICE Criminal Alien | ||||||
23 | Program, an "immigrant alien query" requested by the | ||||||
24 | arresting law enforcement agency, or other means. | ||||||
25 | Reporting as required by this subsection (c) shall begin on | ||||||
26 | the first day of the first month following the effective date |
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1 | of this Article. In addition to this monthly reporting | ||||||
2 | requirement, each county shall also report to the Illinois | ||||||
3 | State Police, no later than 60 days after the effective date of | ||||||
4 | this amendatory Act of the 97th General Assembly, the | ||||||
5 | information described in this subsection (c) for the period | ||||||
6 | starting on the date when the county began its participation in | ||||||
7 | "Secure Communities" and ending on the effective date of this | ||||||
8 | Article. The Illinois State Police shall maintain the | ||||||
9 | information reported under this subsection (c) for no less than | ||||||
10 | 7 years after the date on which these data are submitted. | ||||||
11 | (2) Based on the data reported under paragraph (1) of this | ||||||
12 | subsection (c), such other data as may be available from ICE, | ||||||
13 | input from local immigrant communities, and other relevant | ||||||
14 | information, the Illinois State Police shall conduct annual | ||||||
15 | evaluations of: | ||||||
16 | (A) the efficacy of the "Secure Communities" program in | ||||||
17 | meeting its stated goal of identifying noncitizens | ||||||
18 | convicted of crimes (in particular compared to the rates at | ||||||
19 | which the program identifies noncitizens without criminal | ||||||
20 | convictions), and | ||||||
21 | (B) the costs of such programs to the State and to | ||||||
22 | local law enforcement agencies. | ||||||
23 | The first period for which the Illinois State Police shall | ||||||
24 | conduct an evaluation shall be the period starting November 2, | ||||||
25 | 2009, and ending on the one-year anniversary of the effective | ||||||
26 | date of this Article. The Illinois State Police shall issue a |
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1 | report of its evaluation within 60 days of the end of this | ||||||
2 | period. The Illinois State Police shall conduct subsequent | ||||||
3 | evaluations for each one-year period beginning on the end date | ||||||
4 | of the immediate prior evaluation period and ending on the next | ||||||
5 | anniversary of the effective date of this Article, and issue a | ||||||
6 | report of its evaluation within 60 days of the end of the | ||||||
7 | evaluation period.
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8 | (725 ILCS 5/124C-15 new) | ||||||
9 | Sec. 124C-15. Prohibition on use of State funds. The State | ||||||
10 | of Illinois shall not use any State funds for the purpose of | ||||||
11 | facilitating the removal by U.S. Immigration and Customs | ||||||
12 | Enforcement (ICE) of any individual who has not been convicted | ||||||
13 | of a criminal offense.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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