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 Bill Status of SB1304  99th General Assembly


Short Description:  CRIM PRO-REVERSAL REFUND

Senate Sponsors
Sen. Kwame Raoul - Jacqueline Y. Collins - Patricia Van Pelt - Mattie Hunter - Michael Noland, Don Harmon, William R. Haine, Kimberly A. Lightford, Napoleon Harris, III, Donne E. Trotter, Emil Jones, III, Toi W. Hutchinson, James F. Clayborne, Jr. and Melinda Bush

House Sponsors
(Rep. Elgie R. Sims, Jr. - Jehan Gordon-Booth - John D. Anthony - Mary E. Flowers - John M. Cabello, Christian L. Mitchell, Marcus C. Evans, Jr., Litesa E. Wallace, Esther Golar, Linda Chapa LaVia, Emanuel Chris Welch, Kelly M. Cassidy, Scott Drury, Al Riley, Arthur Turner, Pamela Reaves-Harris, Camille Y. Lilly, Michael J. Zalewski, Luis Arroyo, Monique D. Davis, William Davis, Stephanie A. Kifowit, Grant Wehrli, Brian W. Stewart, Dan Brady, Jay Hoffman, Patrick J. Verschoore, Barbara Flynn Currie, Robert Rita, André Thapedi, Eddie Lee Jackson, Sr., Robert W. Pritchard, Randy E. Frese, Donald L. Moffitt, Robyn Gabel, Anna Moeller and Margo McDermed)

Last Action
DateChamber Action
  8/12/2015SenatePublic Act . . . . . . . . . 99-0352

Statutes Amended In Order of Appearance
725 ILCS 5/124A-15


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. In provision regarding refund of costs, fines, or fees upon reversal of conviction on a finding of actual innocence, the refund shall be determined by the judge and paid by the clerk of the court based upon the availability of funds in the subject fund account.

Senate Floor Amendment No. 1
Makes a technical change.

House Floor Amendment No. 1
Deletes reference to:
725 ILCS 5/124A-15
Adds reference to:
New Act
5 ILCS 140/7.5
20 ILCS 2605/2605-390was 20 ILCS 2605/55a in part
20 ILCS 2610/35 new
20 ILCS 2630/5.1 rep.
20 ILCS 2715/10
20 ILCS 2715/40
35 ILCS 105/9from Ch. 120, par. 439.9
35 ILCS 110/9from Ch. 120, par. 439.39
35 ILCS 115/9from Ch. 120, par. 439.109
35 ILCS 120/3from Ch. 120, par. 442
50 ILCS 705/6from Ch. 85, par. 506
50 ILCS 705/6.2 new
50 ILCS 705/7from Ch. 85, par. 507
50 ILCS 707/5
50 ILCS 707/10
50 ILCS 707/15 new
50 ILCS 707/20 new
50 ILCS 707/25 new
50 ILCS 725/8 new
55 ILCS 5/3-9008from Ch. 34, par. 3-9008
625 ILCS 5/11-212
720 ILCS 5/7-5.5 new
720 ILCS 5/14-2from Ch. 38, par. 14-2
725 ILCS 5/107-14from Ch. 38, par. 107-14
730 ILCS 5/5-4-3a
730 ILCS 5/5-4-3b new
730 ILCS 5/5-9-1from Ch. 38, par. 1005-9-1

Replaces everything after the enacting clause. Creates the Police and Community Relations Improvement Act. Provides that each law enforcement agency shall have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that law enforcement agency. Provides that each officer-involved death investigation shall be conducted by at least 2 investigators, or an entity or agency comprised of at least 2 investigators, one of whom is the lead investigator. Provides that the lead investigator shall be certified or trained as a Lead Homicide Investigator. Provides that no investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved death, unless the investigator is employed by the Department of State Police and is not assigned to the same division or unit as the officer-involved in the death. Provides that if the officer-involved death being investigated involves a motor vehicle accident, at least one investigator shall be certified or trained as a Crash Reconstruction Specialist. Provides that notwithstanding these requirements, the policy for a law enforcement agency, when the officer-involved death being investigated involves a motor vehicle collision, may allow the use of an investigator who is employed by that law enforcement agency and who is certified by the Illinois Law Enforcement Training Standards Board as a Crash Reconstruction Specialist. Provides for a complete report to the State's Attorney of the county in which the officer-involved death occurred. Provides that if the State's Attorney, or a designated special prosecutor, determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death, or if the law enforcement officer is not otherwise charged or indicted, the investigators shall publicly release a report. Provides that compensation for investigation of an officer-involved death may be determined in an intergovernmental or interagency agreement. Provides that the Act does not prohibit any law enforcement agency from conducting an internal investigation into the officer-involved death if it does not interfere with the investigation conducted under the Act. Creates the Uniform Crime Reporting Act. Provides that the Department of State Police shall be a central repository and custodian of crime statistics for the State and shall have all the power incident thereto to carry out the purposes of the Act, including the power to demand and receive cooperation in the submission of crime statistics from all law enforcement agencies. Provides that all data and information provided to the Department under the Act must be provided in a manner and form prescribed by the Department. Provides that on annual basis, the Department shall make available compilations of crime statistics required to be reported by each law enforcement agency. Provides that each month, each law enforcement agency shall submit specified information to the Department of State Police on arrest-related deaths, police discharge of firearms, crime incidents, and offenses in schools. Provides that beginning January 1, 2016, each law enforcement agency shall submit to the Department incident-based information on any criminal homicide. The data shall be provided monthly by law enforcement agencies containing information describing the victim of the homicide, the offender, the relationship between the victim and offender, any weapons used, and the circumstances of the incident. Requires the Department of State Police to annually report to the Illinois Law Enforcement Training and Standards Board law enforcement agencies that are not in compliance with the reporting requirements. The Board may consider the noncompliance in making grants under the Law Enforcement Camera Grant Act. Amends the Illinois Police Training Act. Requires all law enforcement agencies to notify the Board of any final determination of willful violation by an officer of department or agency policy, official misconduct, or law, and maintenance by the Board of a database containing this information. Provides that minimum in-service training requirements, which a permanent police officer must satisfactorily complete every 3 years, shall include constitutional and proper use of law enforcement authority, procedural justice, civil rights, human rights, and cultural competency, and complete annually updates and use of force training which shall include scenario based training. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, beginning on July 1, 2015, from the proceeds received under the Acts, each month the Department of Revenue shall deposit $500,000 into the State Crime Laboratory Fund. Amends the Unified Code of Corrections. Provides that the Department of State Police shall report certain backlog information to the Governor and both houses of the General Assembly on a monthly basis (currently, the report is annual). Amends the Counties Code. Provides procedures for appointment of a special prosecutor for a State's Attorney who is sick, absent, unable to fulfill his or her duties, or with a conflict of interest. Amends the Illinois Vehicle Code. Requires law enforcement officers who detain a pedestrian to complete a uniform stop card with information concerning the stop. Amends the Criminal Code of 2012. Provides that a peace officer shall not use a chokehold in the performance of his or her duties, unless deadly force is justified under the Justifiable Use of Force; Exoneration Article of the Code. Provides that a peace officer shall not use a chokehold, or any lesser contact with the throat or neck area of another in order to prevent the destruction of evidence by ingestion. Defines "chokehold". Creates the Law Enforcement Officer-Worn Body Camera and Management Act. Provides for the Illinois Law Enforcement Training Standards Board to create model guidelines, to be adopted as rules by law enforcement agencies using officer-worn body cameras. Provides specific requirements for recording retention, data collection and reporting. Provides legislative findings. Defines terms. Amends the Law Enforcement Camera Grant Act. Provides that grants may be made from the Law Enforcement Camera Grant Fund for both officer-worn body cameras and in-car video cameras (currently, only in-car video cameras). Provides anti-sweep protection to the Law Enforcement Camera Grant Fund. Provides specific requirements for recording retention, data collection and reporting. as conditions of receiving grants under the Act. Removes a provision requiring applications for grant money to be made prior to January 1, 2011. Amends the Criminal Code of 2012. Provides an exemption from the crime of eavesdropping for the use of officer-worn body cameras and in-car video cameras where there is no reasonable expectation of privacy. Amends the Code of Criminal Procedure of 1963. Provides that upon completion of any stop involving a frisk or search, and unless impractical, impossible, or under exigent circumstances, the officer shall provide the person with a stop receipt which provides the reason for the stop and contains the officer's name and badge number. This provision does not apply to searches or inspections for compliance with the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections for routine security screenings at facilities or events. Amends the Unified Code of Corrections. Provides that beginning January 1, 2016, the Department of State Police shall quarterly report on the status of the processing of forensic biology and DNA evidence submitted to the Department of State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Department of State Police website. Provides that the Department of State Police shall obtain, implement, and maintain an Electronic Laboratory Information Management System (LIMS), to efficiently and effectively track all evidence submitted for forensic testing. Increases the additional fine assessed on convicted defendants in criminal and traffic cases to $15 (from $10), increases the portion of that additional fine going to the Law Enforcement Camera Grant Fund to $3 (from $1). Amends the Freedom of Information Act to make conforming changes. Amends various other Acts to make conforming changes. Makes the Section creating the Commission on Police Professionalism effective upon becoming law.

House Floor Amendment No. 2
For purposes of the disclosure of an officer-worn body camera recording under the Freedom of Information Act of a subject of the police encounter, provides that the subject of the encounter does not have a reasonable expectation of privacy if the subject was arrested as a result of the encounter. Also provides that in this disclosure provision, that the term "witness" does not include a person who is a victim or who was arrested as a result of the encounter. Provides an immediate effective date for provisions amending the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Makes technical changes and corrections.

Actions 
DateChamber Action
  2/18/2015SenateFiled with Secretary by Sen. Ira I. Silverstein
  2/18/2015SenateFirst Reading
  2/18/2015SenateReferred to Assignments
  2/25/2015SenateAssigned to Judiciary
  3/4/2015SenatePostponed - Judiciary
  3/11/2015SenateDo Pass Judiciary; 012-000-000
  3/11/2015SenatePlaced on Calendar Order of 2nd Reading March 12, 2015
  3/13/2015SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  3/13/2015SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/17/2015SenateSenate Floor Amendment No. 1 Be Approved for Consideration Assignments
  3/19/2015SenateSecond Reading
  3/19/2015SenateSenate Floor Amendment No. 1 Adopted; Silverstein
  3/19/2015SenatePlaced on Calendar Order of 3rd Reading March 24, 2015
  4/14/2015SenateThird Reading - Passed; 052-000-000
  4/14/2015HouseArrived in House
  4/15/2015HouseChief House Sponsor Rep. Elgie R. Sims, Jr.
  4/16/2015HouseFirst Reading
  4/16/2015HouseReferred to Rules Committee
  4/20/2015HouseAssigned to Judiciary - Criminal Committee
  4/28/2015HouseDo Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
  4/29/2015HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2015HouseSecond Reading - Short Debate
  5/19/2015HouseHeld on Calendar Order of Second Reading - Short Debate
  5/19/2015SenateChief Sponsor Changed to Sen. Kwame Raoul
  5/22/2015HouseFinal Action Deadline Extended-9(b) May 31, 2015
  5/27/2015HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Elgie R. Sims, Jr.
  5/27/2015HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/27/2015HouseAdded Alternate Chief Co-Sponsor Rep. Jehan Gordon-Booth
  5/27/2015HouseAdded Alternate Chief Co-Sponsor Rep. Christian L. Mitchell
  5/27/2015HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers
  5/27/2015HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/27/2015HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/27/2015HouseAdded Alternate Co-Sponsor Rep. Litesa E. Wallace
  5/27/2015HouseAdded Alternate Co-Sponsor Rep. Esther Golar
  5/27/2015HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/27/2015HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/27/2015HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 014-001-000
  5/27/2015HouseAlternate Chief Co-Sponsor Removed Rep. Christian L. Mitchell
  5/28/2015SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/28/2015HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Elgie R. Sims, Jr.
  5/28/2015HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/28/2015HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-002-000
  5/28/2015HouseAdded Alternate Chief Co-Sponsor Rep. John D. Anthony
  5/28/2015HouseAdded Alternate Chief Co-Sponsor Rep. John M. Cabello
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Christian L. Mitchell
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Scott Drury
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Al Riley
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Arthur Turner
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Pamela Reaves-Harris
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Monique D. Davis
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Stephanie A. Kifowit
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Grant Wehrli
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Brian W. Stewart
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Dan Brady
  5/28/2015HouseHouse Floor Amendment No. 1 Adopted
  5/28/2015HouseHouse Floor Amendment No. 2 Adopted
  5/28/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2015HouseMotion - Move to Previous Question Rep. Lawrence Walsh, Jr.
  5/28/2015HouseMotion Prevailed
  5/28/2015HouseThird Reading - Short Debate - Passed 102-007-003
  5/28/2015HouseMotion Filed to Reconsider Vote Rep. Ron Sandack
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Jay Hoffman
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Patrick J. Verschoore
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Barbara Flynn Currie
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. André Thapedi
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Robert W. Pritchard
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Randy E. Frese
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Donald L. Moffitt
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  5/28/2015HouseMotion to Reconsider Vote - Prevails 112-001-000
  5/28/2015HouseThird Reading - Short Debate - Passed 107-003-004
  5/28/2015HouseAdded Alternate Co-Sponsor Rep. Margo McDermed
  5/28/2015SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/28/2015SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 29, 2015
  5/29/2015SenateAdded as Chief Co-Sponsor Sen. Patricia Van Pelt
  5/29/2015SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/29/2015SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/29/2015SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/29/2015SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/29/2015SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  5/29/2015SenateAdded as Chief Co-Sponsor Sen. Michael Noland
  5/29/2015SenateAdded as Co-Sponsor Sen. Don Harmon
  5/29/2015SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
  5/29/2015SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Criminal Law
  5/29/2015SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 010-000-000
  5/29/2015SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Criminal Law; 010-000-000
  5/29/2015SenateAdded as Co-Sponsor Sen. William R. Haine
  5/30/2015SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  5/30/2015SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  5/30/2015SenateAdded as Co-Sponsor Sen. Donne E. Trotter
  5/30/2015SenateAdded as Co-Sponsor Sen. Emil Jones, III
  5/30/2015SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson
  5/30/2015SenateAdded as Co-Sponsor Sen. James F. Clayborne, Jr.
  5/30/2015SenateAdded as Co-Sponsor Sen. Melinda Bush
  5/30/2015SenateHouse Floor Amendment No. 1 Senate Concurs 045-005-006
  5/30/2015SenateHouse Floor Amendment No. 2 Senate Concurs 045-005-006
  5/30/2015SenateSenate Concurs 045-005-006
  5/30/2015SenatePassed Both Houses
  6/26/2015SenateSent to the Governor
  8/12/2015SenateGovernor Approved
  8/12/2015SenateEffective Date August 12, 2015; Some portions effective
  8/12/2015SenateEffective Date January 1, 2016; Some portions effective
  8/12/2015SenatePublic Act . . . . . . . . . 99-0352

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