99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1437

 

Introduced , by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Criminal Sentencing Impact Note Act. Provides that every bill, the purpose or effect of which is to have a disparate impact on the criminal offender population and its racial and ethnic composition, shall have prepared for it a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact on the racial and ethnic composition of the criminal offender population. Provides that the Illinois Criminal Justice Information Authority shall prepare the statement or note. Sets forth the contents of the statement or note addressing the disparate impact. Defines "criminal offender population". Contains other related provisions regarding the vote on the necessity of the note, comment or opinion regarding the merits of the legislation included in the note, and appearance of State officials and employees in support or opposition of measure.


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A BILL FOR

 

HB1437LRB099 04138 JLK 24158 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Criminal Sentencing Impact Note Act.
 
6    Section 5. Criminal sentencing impact note.
7    (a) Every bill, the purpose or effect of which is to have a
8disparate impact on the criminal offender population and its
9racial and ethnic composition, shall have prepared for it,
10before second reading in the house of introduction, a brief
11explanatory statement or note that shall include a reliable
12estimate of the anticipated impact on the racial and ethnic
13composition of that group. Each criminal sentencing impact note
14must include, for racial and ethnic groups for which data are
15available: (i) an estimate of how the proposed legislation
16would change or affect the racial and ethnic composition of the
17criminal offender population; (ii) a statement of the
18methodologies and assumptions used in preparing the estimate;
19and (iii) an estimate of the racial and ethnic composition of
20the crime victims who may be affected by the proposed
21legislation.
22    (b) For the purposes of this Act, "criminal offender
23population" means all persons who are convicted of a crime or

 

 

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1adjudicated for an act that, if committed by an adult, would
2constitute a crime.
 
3    Section 10. Preparation. The sponsor of each bill to which
4Section 5 applies shall present a copy of the bill with the
5request for a criminal sentencing impact note to the Illinois
6Criminal Justice Information Authority. The criminal
7sentencing impact note shall be prepared by the Illinois
8Criminal Justice Information Authority and submitted to the
9sponsor of the bill within 5 calendar days, except that
10whenever, because of the complexity of the measure, additional
11time is required for the preparation of the criminal sentencing
12impact note, the Illinois Criminal Justice Information
13Authority may inform the sponsor of the bill, and the sponsor
14may approve an extension of the time within which the note is
15to be submitted, not to extend, however, beyond June 15,
16following the date of the request. If, in the opinion of the
17Illinois Criminal Justice Information Authority, there is
18insufficient information to prepare a reliable estimate of the
19anticipated impact, a statement to that effect can be filed and
20shall meet the requirements of this Act.
 
21    Section 15. Vote on necessity of criminal sentencing impact
22notes. Whenever the sponsor of any bill is of the opinion that
23no criminal sentencing impact note is required, any member of
24either house may request that a note be obtained, and in that

 

 

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1case the applicability of this Act shall be decided by the
2majority of those present and voting in the house of which the
3sponsor is a member.
 
4    Section 20. Requisites and contents. The note shall be
5factual in nature, as brief and concise as may be, and, in
6addition, it shall include both the immediate effect and, if
7determinable or reasonably foreseeable, the long range effect
8of the measure on the criminal offender population and its
9racial and ethnic composition. If, after careful
10investigation, it is determined that such an effect is not
11ascertainable, the note shall contain a statement to that
12effect, setting forth the reasons why no ascertainable effect
13can be given.
 
14    Section 25. Comment or opinion; technical or mechanical
15defects. No comment or opinion shall be included in the
16criminal sentencing impact note with regard to the merits of
17the measure for which the criminal sentencing impact note is
18prepared; however, technical or mechanical defects may be
19noted.
 
20    Section 30. Appearance of State officials and employees in
21support or opposition of measure. The fact that a criminal
22sentencing impact note is prepared for any bill or proposed
23rule shall not preclude or restrict the appearance before any

 

 

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1committee of the General Assembly of any official or authorized
2employee of the Illinois Criminal Justice Information
3Authority who desires to be heard in support of or in
4opposition to the measure.