Bill Text: IL HB3653 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Statewide Use of Force Standardization Act. Provides that it is the intent of the General Assembly to establish statewide use of force standards for law enforcement agencies. Creates the No Representation Without Population Act. Provides that the State Board of Elections shall prepare redistricting population data to reflect incarcerated persons at their residential address prior to incarceration. Provides that this data shall be the basis of the Legislative and Representative Districts required to be created pursuant to Section 3 of Article IV of the Illinois Constitution. Provides that incarcerated populations residing at unknown geographic locations within the State shall not be used to determine the ideal population of any set of districts, wards, or precincts. Creates the Reporting of Deaths in Custody Act. Provides that the Illinois Criminal Justice Information Authority shall create a standardized form to be used for the purpose of collecting information about persons who die in custody of a law agency, a local or State correctional facility in the State, or a peace officer. Creates the Task Force on Constitutional Rights and Remedies Act. Creates the Task Force on Constitutional Rights and Remedies. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall produce a report detailing the Task Force's findings and recommendations and needed resources. The Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor. Amends the Illinois Public Labor Relations Act. Provides that notwithstanding any provision of this Act, employers shall not be required to bargain over matters relating to the discipline or discharge of peace officers. Provisions in existing collective bargaining agreements that address the discipline or discharge of peace officers shall lapse by operation of law on the renewal or extension of existing collective bargaining agreements by whatever means, or the approval of a collective bargaining agreement by the corporate authorities of the employer after the effective date of this Act, without imposing a duty to bargain on employers. Amends the Criminal Code of 2012. Makes it official misconduct for an employee of a law enforcement agency to knowingly fail to turn on or turn off an officer-worn body camera when there is a reasonable opportunity to act in a manner that is consistent with the officer-worn body camera policy of the respective law enforcement agency or when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly misrepresents facts describing an incident in a police report or during investigations regarding the law enforcement employee's conduct. Amends the Code of Criminal Procedure of 1963. Abolishes cash bail. Provides for pretrial release and eligibility for that release. Amends various Acts to make conforming changes. Amends the Unified Code of Corrections. Changes the terms for mandatory supervised release. Makes other changes. Amends the Open Meetings Act. Provides that deliberations for decisions of the Illinois State Police Merit Board, the Illinois Law Enforcement Training Standards Board and the Certification Review Panel regarding certification and decertification of law enforcement officers are not open meetings under the Act. Amends the Freedom of Information Act. Provides that information which is prohibited from disclosure by the Illinois Police Training Act is not subject to disclosure under the Act. Provides that records contained in the Officer Professional Conduct Database, except to the extent authorized under that provision are not subject to disclosure under the Act. Amends the State Employee Indemnification Act. Includes in the definition of "employee" the members of the Certification Review Panel. Amends the State Police Act concerning discipline of Illinois State Police officers and the appointment of the Illinois State Police Merit Board. Amends the Illinois Police Training Act. Changes the misdemeanor offenses for which a law enforcement officer may be decertified. Grants the Illinois Law Enforcement Training Standards Board the power: (1) to review and ensure all law enforcement officers remain in compliance with the Act, and any administrative rules adopted under the Act; and (2) to suspend any certificate for a definite period, limit or restrict any certificate, or revoke any certificate. Creates the Illinois Law Enforcement Certification Review Panel to make recommendations to the Board on the decertification of law enforcement officers. Effective July 1, 2021, except for certain provisions that are effective either January 1, 2022, January 1, 2023, or January 1, 2025.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Enrolled - Dead) 2021-01-14 - Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford [HB3653 Detail]
Download: Illinois-2019-HB3653-Engrossed.html
Bill Title: Creates the Statewide Use of Force Standardization Act. Provides that it is the intent of the General Assembly to establish statewide use of force standards for law enforcement agencies. Creates the No Representation Without Population Act. Provides that the State Board of Elections shall prepare redistricting population data to reflect incarcerated persons at their residential address prior to incarceration. Provides that this data shall be the basis of the Legislative and Representative Districts required to be created pursuant to Section 3 of Article IV of the Illinois Constitution. Provides that incarcerated populations residing at unknown geographic locations within the State shall not be used to determine the ideal population of any set of districts, wards, or precincts. Creates the Reporting of Deaths in Custody Act. Provides that the Illinois Criminal Justice Information Authority shall create a standardized form to be used for the purpose of collecting information about persons who die in custody of a law agency, a local or State correctional facility in the State, or a peace officer. Creates the Task Force on Constitutional Rights and Remedies Act. Creates the Task Force on Constitutional Rights and Remedies. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall produce a report detailing the Task Force's findings and recommendations and needed resources. The Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor. Amends the Illinois Public Labor Relations Act. Provides that notwithstanding any provision of this Act, employers shall not be required to bargain over matters relating to the discipline or discharge of peace officers. Provisions in existing collective bargaining agreements that address the discipline or discharge of peace officers shall lapse by operation of law on the renewal or extension of existing collective bargaining agreements by whatever means, or the approval of a collective bargaining agreement by the corporate authorities of the employer after the effective date of this Act, without imposing a duty to bargain on employers. Amends the Criminal Code of 2012. Makes it official misconduct for an employee of a law enforcement agency to knowingly fail to turn on or turn off an officer-worn body camera when there is a reasonable opportunity to act in a manner that is consistent with the officer-worn body camera policy of the respective law enforcement agency or when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly misrepresents facts describing an incident in a police report or during investigations regarding the law enforcement employee's conduct. Amends the Code of Criminal Procedure of 1963. Abolishes cash bail. Provides for pretrial release and eligibility for that release. Amends various Acts to make conforming changes. Amends the Unified Code of Corrections. Changes the terms for mandatory supervised release. Makes other changes. Amends the Open Meetings Act. Provides that deliberations for decisions of the Illinois State Police Merit Board, the Illinois Law Enforcement Training Standards Board and the Certification Review Panel regarding certification and decertification of law enforcement officers are not open meetings under the Act. Amends the Freedom of Information Act. Provides that information which is prohibited from disclosure by the Illinois Police Training Act is not subject to disclosure under the Act. Provides that records contained in the Officer Professional Conduct Database, except to the extent authorized under that provision are not subject to disclosure under the Act. Amends the State Employee Indemnification Act. Includes in the definition of "employee" the members of the Certification Review Panel. Amends the State Police Act concerning discipline of Illinois State Police officers and the appointment of the Illinois State Police Merit Board. Amends the Illinois Police Training Act. Changes the misdemeanor offenses for which a law enforcement officer may be decertified. Grants the Illinois Law Enforcement Training Standards Board the power: (1) to review and ensure all law enforcement officers remain in compliance with the Act, and any administrative rules adopted under the Act; and (2) to suspend any certificate for a definite period, limit or restrict any certificate, or revoke any certificate. Creates the Illinois Law Enforcement Certification Review Panel to make recommendations to the Board on the decertification of law enforcement officers. Effective July 1, 2021, except for certain provisions that are effective either January 1, 2022, January 1, 2023, or January 1, 2025.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Enrolled - Dead) 2021-01-14 - Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford [HB3653 Detail]
Download: Illinois-2019-HB3653-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 3-14-1 as follows:
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6 | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
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7 | Sec. 3-14-1. Release from the institution.
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8 | (a) Upon release of a person on parole, mandatory release, | ||||||
9 | final
discharge or pardon the Department shall return all | ||||||
10 | property held for
him, provide him with suitable clothing and | ||||||
11 | procure necessary
transportation for him to his designated | ||||||
12 | place of residence and
employment. It may provide such person | ||||||
13 | with a grant of money for travel and
expenses which may be paid | ||||||
14 | in installments. The amount of the money grant
shall be | ||||||
15 | determined by the Department.
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16 | (a-1) The Department shall, before a wrongfully imprisoned | ||||||
17 | person, as defined in Section 3-1-2 of this Code, is discharged | ||||||
18 | from the Department, provide him or her with any documents | ||||||
19 | necessary after discharge. | ||||||
20 | (a-2) The Department of Corrections may establish and | ||||||
21 | maintain, in any institution
it administers, revolving funds to | ||||||
22 | be known as "Travel and Allowances Revolving
Funds". These | ||||||
23 | revolving funds shall be used for advancing travel and expense
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1 | allowances to committed, paroled, and discharged prisoners. | ||||||
2 | The moneys
paid into such revolving funds shall be from | ||||||
3 | appropriations to the Department
for Committed, Paroled, and | ||||||
4 | Discharged Prisoners.
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5 | (b) (Blank).
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6 | (c) Except as otherwise provided in this Code, the | ||||||
7 | Department shall
establish procedures to provide written | ||||||
8 | notification of any release of any
person who has been | ||||||
9 | convicted of a felony to the State's Attorney
and sheriff of | ||||||
10 | the county from which the offender was committed, and the
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11 | State's Attorney and sheriff of the county into which the | ||||||
12 | offender is to be
paroled or released. Except as otherwise | ||||||
13 | provided in this Code, the
Department shall establish | ||||||
14 | procedures to provide written notification to
the proper law | ||||||
15 | enforcement agency for any municipality of any release of any
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16 | person who has been convicted of a felony if the arrest of the | ||||||
17 | offender or the
commission of the offense took place in the | ||||||
18 | municipality, if the offender is to
be paroled or released into | ||||||
19 | the municipality, or if the offender resided in the
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20 | municipality at the time of the commission of the offense. If a | ||||||
21 | person
convicted of a felony who is in the custody of the | ||||||
22 | Department of Corrections or
on parole or mandatory supervised | ||||||
23 | release informs the Department that he or she
has resided, | ||||||
24 | resides, or will
reside at an address that is a housing | ||||||
25 | facility owned, managed,
operated, or leased by a public | ||||||
26 | housing agency, the Department must send
written notification |
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1 | of that information to the public housing agency that
owns, | ||||||
2 | manages, operates, or leases the housing facility. The written
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3 | notification shall, when possible, be given at least 14 days | ||||||
4 | before release of
the person from custody, or as soon | ||||||
5 | thereafter as possible. The written notification shall be | ||||||
6 | provided electronically if the State's Attorney, sheriff, | ||||||
7 | proper law enforcement agency, or public housing agency has | ||||||
8 | provided the Department with an accurate and up to date email | ||||||
9 | address.
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10 | (c-1) (Blank). | ||||||
11 | (c-2) The Department shall establish procedures to provide | ||||||
12 | notice to the Department of State Police of the release or | ||||||
13 | discharge of persons convicted of violations of the | ||||||
14 | Methamphetamine Control and Community
Protection Act or a | ||||||
15 | violation of the Methamphetamine Precursor Control Act. The | ||||||
16 | Department of State Police shall make this information | ||||||
17 | available to local, State, or federal law enforcement agencies | ||||||
18 | upon request. | ||||||
19 | (c-5) If a person on parole or mandatory supervised release | ||||||
20 | becomes a resident of a facility licensed or regulated by the | ||||||
21 | Department of Public Health, the Illinois Department of Public | ||||||
22 | Aid, or the Illinois Department of Human Services, the | ||||||
23 | Department of Corrections shall provide copies of the following | ||||||
24 | information to the appropriate licensing or regulating | ||||||
25 | Department and the licensed or regulated facility where the | ||||||
26 | person becomes a resident: |
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1 | (1) The mittimus and any pre-sentence investigation | ||||||
2 | reports. | ||||||
3 | (2) The social evaluation prepared pursuant to Section | ||||||
4 | 3-8-2. | ||||||
5 | (3) Any pre-release evaluation conducted pursuant to | ||||||
6 | subsection (j) of Section 3-6-2. | ||||||
7 | (4) Reports of disciplinary infractions and | ||||||
8 | dispositions. | ||||||
9 | (5) Any parole plan, including orders issued by the | ||||||
10 | Prisoner Review Board, and any violation reports and | ||||||
11 | dispositions. | ||||||
12 | (6) The name and contact information for the assigned | ||||||
13 | parole agent and parole supervisor.
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14 | This information shall be provided within 3 days of the | ||||||
15 | person becoming a resident of the facility.
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16 | (c-10) If a person on parole or mandatory supervised | ||||||
17 | release becomes a resident of a facility licensed or regulated | ||||||
18 | by the Department of Public Health, the Illinois Department of | ||||||
19 | Public Aid, or the Illinois Department of Human Services, the | ||||||
20 | Department of Corrections shall provide written notification | ||||||
21 | of such residence to the following: | ||||||
22 | (1) The Prisoner Review Board. | ||||||
23 | (2) The
chief of police and sheriff in the municipality | ||||||
24 | and county in which the licensed facility is located. | ||||||
25 | The notification shall be provided within 3 days of the | ||||||
26 | person becoming a resident of the facility.
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1 | (d) Upon the release of a committed person on parole, | ||||||
2 | mandatory
supervised release, final discharge or pardon, the | ||||||
3 | Department shall provide
such person with information | ||||||
4 | concerning programs and services of the
Illinois Department of | ||||||
5 | Public Health to ascertain whether such person has
been exposed | ||||||
6 | to the human immunodeficiency virus (HIV) or any identified
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7 | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
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8 | (e) Upon the release of a committed person on parole, | ||||||
9 | mandatory supervised
release, final discharge, pardon, or who | ||||||
10 | has been wrongfully imprisoned, the Department shall verify the | ||||||
11 | released person's full name, date of birth, and social security | ||||||
12 | number. If verification is made by the Department by obtaining | ||||||
13 | a certified copy of the released person's birth certificate and | ||||||
14 | the released person's social security card or other documents | ||||||
15 | authorized by the Secretary, the Department shall provide the | ||||||
16 | birth certificate and social security card or other documents | ||||||
17 | authorized by the Secretary to the released person. If | ||||||
18 | verification by the Department is done by means other than | ||||||
19 | obtaining a certified copy of the released person's birth | ||||||
20 | certificate and the released person's social security card or | ||||||
21 | other documents authorized by the Secretary, the Department | ||||||
22 | shall complete a verification form, prescribed by the Secretary | ||||||
23 | of State, and shall provide that verification form to the | ||||||
24 | released person.
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25 | (f) Forty-five days prior to the scheduled discharge of a | ||||||
26 | person committed to the custody of the Department of |
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1 | Corrections, the Department shall give the person : | ||||||
2 | (1) who is otherwise uninsured an opportunity to apply | ||||||
3 | for health care coverage including medical assistance | ||||||
4 | under Article V of the Illinois Public Aid Code in | ||||||
5 | accordance with subsection (b) of Section 1-8.5 of the | ||||||
6 | Illinois Public Aid Code, and the Department of Corrections | ||||||
7 | shall provide assistance with completion of the | ||||||
8 | application for health care coverage including medical | ||||||
9 | assistance ; | ||||||
10 | (2) information informing the person that Section 2 of | ||||||
11 | Article III of the Illinois Constitution provides that the | ||||||
12 | right to vote of a person convicted of a felony shall be | ||||||
13 | restored not later than the completion of the person's | ||||||
14 | sentence and informing the person about voter registration | ||||||
15 | and shall distribute information prepared by the State | ||||||
16 | Board of Elections about voter registration. The | ||||||
17 | Department of Corrections may enter into an interagency | ||||||
18 | contract with the State Board of Elections to participate | ||||||
19 | in the automatic voter registration program and be a | ||||||
20 | designated automatic voter registration agency under | ||||||
21 | Section 1A-16.2 of the Election Code; and | ||||||
22 | (3) information about registering to vote upon | ||||||
23 | discharge from the correctional institution or facility if | ||||||
24 | the person upon discharge would be homeless. In this | ||||||
25 | paragraph (3), "homeless" means that the person has a | ||||||
26 | nontraditional
residence, including, but not limited to, a |
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1 | shelter, day shelter, park
bench, street corner, or space | ||||||
2 | under a bridge . | ||||||
3 | The Department may adopt rules to implement this Section. | ||||||
4 | (Source: P.A. 98-267, eff. 1-1-14; 99-415, eff. 8-20-15; | ||||||
5 | 99-907, eff. 7-1-17 .)
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