HB3699sam002 102ND GENERAL ASSEMBLY

Sen. Robert F. Martwick

Filed: 4/5/2022

10200HB3699sam002 LRB102 14093 RLC 38478 a

AMENDMENT TO HOUSE BILL 3699

AMENDMENT NO. ______. Amend House Bill 3699, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Intergovernmental Carjacking Enforcement Act.

Section 5. Definitions. In this Act:

"Carjacking" means vehicular hijacking as defined in Section 18-3 of the Criminal Code of 2012 or aggravated vehicular hijacking as defined in Section 18-4 of the Criminal Code of 2012.

"Carjacking enforcement group" or "CEG" means a combination of units of local government established under this Act to enforce vehicular hijacking and aggravated vehicular hijacking offenses under the criminal laws of this State.

"Director" means the Director of the Illinois State Police.

"Unit of local government" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution, and includes both home rule units and units of local government that are not home rule units.

Section 10. Carjacking enforcement group; State grants. A carjacking enforcement group that meets the minimum criteria established in this Section is eligible to receive State grants to help defray the costs of operation. To be eligible, a carjacking enforcement group shall:

(1) be established and operated under intergovernmental contracts written and executed in conformity with the Intergovernmental Cooperation Act, and involve 2 or more units of local government;

(2) establish a carjacking enforcement group policy board composed of an elected official, or his or her designee, and the chief law enforcement officer, or his or her designee, from each participating unit of local government to oversee the operations of the Group and make such reports to the Illinois State Police as the Illinois State Police may require;

(3) designate a single appropriate elected official of a participating unit of local government to act as the financial officer of the carjacking enforcement group for all participating units of local government and to receive funds for the operation of the Group;

(4) limit its operations to enforcement of Sections 18-3 and 18-4 of the Criminal Code of 2012;

(5) cooperate with the Illinois State Police in order to assure compliance with this Act and to enable the Illinois State Police to fulfill its duties under this Act, and supply the Illinois State Police with all information the Illinois State Police deems necessary; and

(6) receive funding of at least 50% of the total operating budget of the carjacking enforcement group from the participating units of local government.

Section 15. State grants to carjacking enforcement groups. The Illinois State Police shall monitor the operations of all carjacking enforcement group units and determine their eligibility to receive State grants under this Act. From the money appropriated annually by the General Assembly for this purpose, the Director shall determine and certify to the Comptroller the amount of the grant to be made to each designated CEG financial officer. The amount of the State grant to a CEG under this Act may not exceed 50% of the total operating budget of that CEG.

Section 20. Illinois State Police coordination. The Illinois State Police shall coordinate the operations of all CEG units and may adopt such reasonable rules and conduct those investigations the Director deems necessary to carry out its duties under this Act, including the establishment of forms for reporting by each CEG to the Illinois State Police.

Section 25. Director to assign functions and duties. The Director may assign the functions and duties created under this Act to be administered by the Illinois State Police, Division of Criminal Investigation.

Section 30. Annual report to the Governor and General Assembly. The Director shall report annually, no later than February 1, to the Governor and the General Assembly on the operations of the carjacking enforcement groups, including a breakdown of the appropriation for the current fiscal year indicating the amount of the State grant each CEG received or will receive.

Section 99. Effective date. This Act takes effect upon becoming law.".