Sen. James F. Clayborne, Jr.

Filed: 5/22/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1404

2    AMENDMENT NO. ______. Amend House Bill 1404, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the Metro
6East Police District Act.
 
7    Section 3. Definitions.
8    "Commission" means the Metro East Police District
9Commission.
10    "District" means the Metro East Police District.
 
11    Section 5. Creation of district. There is created within
12the County of St. Clair a special district, named the Metro
13East Police District. The territory of the District shall
14include the City of East Saint Louis, the Village of Washington
15Park, the Village of Alorton, and the Village of Brooklyn. The

 

 

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1District is created to advance the cause of public safety and
2law enforcement for the residents of the District.
 
3    Section 10. Metro East Police District Commission.
4    (a) The governing and administrative powers of the Metro
5East Police District shall be vested in a body politic and
6corporate named the Metro East Police District Commission,
7whose powers are the following:
8        (1) To apply for, accept and expend grants, loans, or
9    appropriations from the State of Illinois, the federal
10    government, any State or federal agency or
11    instrumentality, any unit of local government, or any other
12    person or entity to be used for any of the purposes of the
13    District. The Commission may enter into any agreement with
14    the State of Illinois, the federal government, any State or
15    federal instrumentality, any unit of local government, or
16    any other person or entity in relation to grants, matching
17    grants, loans, or appropriations. The Commission may
18    provide grants, loans, or appropriations for law
19    enforcement purposes to any unit of local government within
20    the District.
21        (2) To enter into contracts or agreements with persons
22    or entities for the supply of goods or services as may be
23    necessary for the purposes of the District.
24        (3) To acquire fee simple title to real property lying
25    within the District and personal property required for its

 

 

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1    purposes, by gift, purchase, contract, or otherwise for law
2    enforcement purposes including evidence storage, records
3    storage, equipment storage, detainment facilities,
4    training facilities, office space and other purposes of the
5    District. Title shall be taken in the name of the
6    Commission. The Commission may acquire by lease any real
7    property located within the District and personal property
8    found by the Commission to be necessary for its purposes
9    and to which the Commission finds that it need not acquire
10    fee simple title for carrying out of those purposes. The
11    Commission has no eminent domain powers or quick-take
12    powers under this provision.
13        (4) To establish by resolution rules and regulations
14    that the police departments within the District may adopt
15    concerning: officer ethics; the carry and use of weapons;
16    search and seizure procedures; procedures for arrests with
17    and without warrants; alternatives to arrest; the use of
18    officer discretion; strip searches and body cavity
19    searches; profiling; use of reasonable force; use of deadly
20    force; use of authorized less than lethal weapons;
21    reporting uses of force; weapons and ammunition; weapons
22    proficiency and training; crime analysis; purchasing and
23    requisitions; department property; inventory and control;
24    issue and reissue; recruitment; training attendance;
25    lesson plans; remedial training; officer training record
26    maintenance; department animals; response procedures;

 

 

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1    pursuit of motor vehicles; roadblocks and forcible stops;
2    missing or mentally ill persons; use of equipment; use of
3    vehicle lights and sirens; equipment specifications and
4    maintenance; vehicle safety restraints; authorized
5    personal equipment; protective vests and high risk
6    situations; mobile data access; in-car video and audio;
7    case file management; investigative checklists;
8    informants; cold cases; polygraphs; shift briefings;
9    interviews of witnesses and suspects; line-ups and
10    show-ups; confidential information; juvenile operations;
11    offenders, custody, and interrogation; crime prevention
12    and community interface; critical incident response and
13    planning; hostage negotiation; search and rescue; special
14    events; personnel, equipment, and facility inspections;
15    victim/witness rights, preliminary contact, and follow up;
16    next of kin notification; traffic stops and approaches;
17    speed-measuring devices; DUI procedures; traffic collision
18    reporting and investigation; citation inventory, control
19    and administration; escorts; towing procedures; detainee
20    searches and transportation; search and inventory of
21    vehicles; escape prevention procedures and detainee
22    restraint; sick, injured, and disabled detainees; vehicle
23    safety; holding facility standards; collection and
24    preservation of evidence including but not limited to
25    photos, video, fingerprints, computers, records, DNA
26    samples, controlled substances, weapons, and physical

 

 

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1    evidence; police report standards and format; submission
2    of evidence to laboratories; follow up of outstanding
3    cases; and application for charges with the State's
4    Attorney, United States Attorney, Attorney General, or
5    other prosecuting authority.
6        Any police department located within the Metro East
7    Police District that does not adopt any rule or regulation
8    established by resolution by the Commission shall not be
9    eligible to receive funds from the Metro East Police
10    District Fund.
11        The adoption of any policies or procedures pursuant to
12    this Section shall not be inconsistent with any rights
13    under current collective bargaining agreements, the
14    Illinois Public Labor Relations Act or other laws governing
15    collective bargaining.
16        (5) No later than one year after the effective date of
17    this Act, to assume for police departments within the
18    District the authority to make application for and accept
19    financial grants or contributions of services from any
20    public or private source for law enforcement purposes.
21        (6) To develop a comprehensive plan for improvement and
22    maintenance of law enforcement facilities within the
23    District.
24        (7) To advance police departments within the District
25    towards accreditation by the national Commission for the
26    Accreditation of Law Enforcement Agencies (CALEA) within 3

 

 

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1    years after creation of the District.
2    (b) The Commission shall consist of 14 appointed members
3and 3 ex-officio members. Seven members shall be appointed by
4the Governor with the advice and consent of the Senate, one of
5whom shall represent an organization that represents the
6largest number of police officers employed by the
7municipalities described by Section 5 of this Act. Four members
8shall be appointed by the Mayor of East Saint Louis, with the
9advice and consent of the city council. One member each shall
10be appointed by the Village Presidents of Washington Park,
11Alorton, and Brooklyn, with the advice and consent of the
12respective village boards. All appointed members shall hold
13office for a term of 2 years ending on December 31 and until
14their successors are appointed and qualified. The Mayor of East
15Saint Louis, with the approval of the city council, may serve
16as one of the members appointed for East Saint Louis, and the
17Village Presidents of Washington Park, Alorton, and Brooklyn,
18with the approval of their respective boards, may serve as the
19member for their respective municipalities.
20    A member may be removed by his or her appointing authority
21for incompetence, neglect of duty, or malfeasance in office.
22    The Director of the Illinois State Police, or his or her
23designee, the State's Attorney of St. Clair County, or his or
24her designee, and the Director of the Southern Illinois Law
25Enforcement Commission, or his or her designee, shall serve as
26ex-officio members. Ex-officio members may only vote on matters

 

 

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1before the Commission in the event of a tie vote.
2    (c) Any vacancy in the appointed membership of the
3Commission occurring by reason of the death, resignation,
4disqualification, removal, or inability or refusal to act of
5any of the members of the Commission shall be filled by the
6authority that had appointed the particular member, and for the
7unexpired term of office of that particular member.
8    (d) The Commission shall hold regular meetings annually for
9the election of a chair, vice-chair, secretary, and treasurer,
10for the adoption of a budget, and monthly for other business as
11may be necessary. The Commission shall establish the duties and
12responsibilities of its officers by rule. The chair, or any 9
13members of the Commission, may call special meetings of the
14Commission. Each member shall take an oath of office for the
15faithful performance of his or her duties. The Commission may
16not transact business at a meeting of the Commission unless
17there is present at the meeting a quorum consisting of at least
189 members. Meetings may be held by telephone conference or
19other communications equipment by means of which all persons
20participating in the meeting can communicate with each other
21consistent with the Open Meetings Act.
22    (e) The Commission shall submit to the General Assembly, no
23later than March 1 of each odd-numbered year, a detailed report
24covering its operations for the 2 preceding calendar years and
25a statement of its program for the next 2 years, as provided by
26Section 3.1 of the General Assembly Organization Act.

 

 

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1    (f) The Auditor General shall conduct audits of the
2Commission in the same manner as the Auditor General conducts
3audits of State agencies under the Illinois State Auditing Act.
4    (g) The Commission is a public body for purposes of the
5Open Meetings Act and the Freedom of Information Act.
6    (h) This Section is a limitation under subsection (i) of
7Section 6 of Article VII of the Illinois Constitution on the
8concurrent exercise by home rule units of powers and functions
9exercised by the State.
 
10    Section 15. Disposition of money; income fund. There is
11created in the custody of the Illinois Finance Authority the
12Metro East Police District Fund. All moneys received by the
13Commission shall be deposited in the Fund. The Commission is
14authorized to use all money received for all purposes and
15powers set forth in this Act, provided that the Commission and
16the Illinois Finance Authority enter into an intergovernmental
17agreement to use the moneys deposited into the Fund solely for
18the purposes set forth in this Act. The Auditor General shall,
19at least biennially, audit or cause to be audited all records
20and accounts of the Commission pertaining to the operation of
21the District.
 
22    Section 20. Repealer. This Act is repealed on December 31,
232019.
 

 

 

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1    Section 50. The Illinois Finance Authority Act is amended
2by adding Section 825-115 as follows:
 
3    (20 ILCS 3501/825-115 new)
4    Sec. 825-115. Metro East Police District Fund. The
5Authority and the Metro East Police District Commission may
6jointly administer the Metro East Police District Fund. All
7moneys received by the Commission shall be deposited in the
8Fund. Upon request of the Commission, the Authority shall
9provide to the Commission moneys deposited in the Fund,
10provided that the Commission and the Authority enter into an
11intergovernmental agreement to use the moneys deposited into
12the Fund solely for the purposes set forth in the Metro East
13Police District Act. This Section is repealed on December 31,
142019.
 
15    Section 55. The Illinois State Auditing Act is amended by
16adding Section 3-1.5 as follows:
 
17    (30 ILCS 5/3-1.5 new)
18    Sec. 3-1.5. Metro East Police District. The Auditor General
19shall conduct audits as provided in Sections 10 and 15 of the
20Metro East Police District Act. This Section is repealed on
21December 31, 2019.
 
22    Section 60. The Counties Code is amended by adding Section

 

 

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15-1101.5 as follows:
 
2    (55 ILCS 5/5-1101.5 new)
3    Sec. 5-1101.5. Metro East Police District. In addition to
4any fine imposed under Section 5-9-1 of the Unified Code of
5Corrections, St. Clair County may adopt a mandatory fine of
6$100 to be paid by the defendant on a judgment of guilty or a
7grant of supervision for a felony or a violation of Section
811-501 of the Illinois Vehicle Code, when the offense was
9committed within the corporate limits of a municipality that is
10located within the Metro East Police District. The clerk of the
11circuit court shall collect the fines as provided in this
12subsection and must remit the fines to the Metro East Police
13District Fund created under Section 15 of the Metro East Police
14District Act. This Section is repealed on December 31, 2019.
 
15    Section 99. Effective date. This Act takes effect January
161, 2013.".