Rep. Daniel J. Burke

Filed: 3/29/2011

 

 


 

 


 
09700HB0929ham001LRB097 03748 RLC 53562 a

1
AMENDMENT TO HOUSE BILL 929

2    AMENDMENT NO. ______. Amend House Bill 929 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Article 124C as follows:
 
6    (725 ILCS 5/Art. 124C heading new)
7
ARTICLE 124C. SMART ENFORCEMENT LAW

 
8    (725 ILCS 5/124C-1 new)
9    Sec. 124C-1. Short title. This Article may be cited as the
10Smart Enforcement Law.
 
11    (725 ILCS 5/124C-5 new)
12    Sec. 124C-5. Preamble and findings.
13    (a) The State of Illinois is committed to upholding our
14criminal laws and in imposing appropriate penalties for those

 

 

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1convicted of criminal offenses. In the case of noncitizens of
2the United States, the consequences of criminal convictions may
3include removal from the United States by U.S. Immigration and
4Customs Enforcement (ICE).
5    (b) In 2007, in enacting Public Law 110-161, 121 Stat.
61844, 2365, Congress provided initial appropriations to
7"improve and modernize efforts to identify aliens convicted of
8a crime, sentenced to imprisonment, and who may be deportable,
9and remove them from the United States once they are judged
10deportable". ICE has used this funding to create the "Secure
11Communities" program, through which ICE receives and reviews
12fingerprints that local police take for criminal suspects upon
13booking.
14    (c) Illinois participates in the "Secure Communities"
15pursuant to a Memorandum of Agreement entered into by ICE and
16the Illinois State Police on November 2, 2009. ICE is
17implementing the program in counties throughout Illinois and
18intends to cover the entire nation by 2013.
19    (d) Contrary to the goal, stated by Congress and affirmed
20by ICE, of identifying and removing noncitizens convicted of
21crimes, "Secure Communities" has largely been identifying
22individuals with no criminal convictions for ICE arrest and
23removal. Through February 2011, 46.5% of individuals arrested
24by ICE under "Secure Communities" had no convictions.
25    (e) "Secure Communities" imposes additional costs upon
26county jails and other local law enforcement by requiring that

 

 

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1the jails hold individuals who may otherwise be released. The
2costs of these holds are borne by local taxpayers.
3    (f) By subjecting individuals with no criminal convictions
4to removal, "Secure Communities" disrupts families and
5communities, encourages racial and ethnic profiling, burdens
6taxpayers, and poses harm to our State as a whole.
7    (g) Because the "Secure Communities" program is straying so
8far from its stated goals, at significant cost to families and
9communities, the State must monitor and review the impact of
10this program to determine whether it is indeed benefiting the
11people of Illinois.
12    (h) ICE itself has been unclear and uncertain as to whether
13counties and local jurisdictions can choose not to participate
14in "Secure Communities", even if they believe that the program
15would harm their communities. The State should accordingly
16enable counties and local jurisdictions to refuse to
17participate should they choose to do so.
 
18    (725 ILCS 5/124C-10 new)
19    Sec. 124C-10. Participation in the U.S. Immigration and
20Customs Enforcement "Secure Communities" Program.
21    (a) This Section pertains to the U.S. Immigration and
22Customs Enforcement (ICE) "Secure Communities" Program, in
23which Illinois participates pursuant to a "Memorandum of
24Agreement Between U.S. Department of Homeland Security
25Immigration and Customs Enforcement and Illinois State Police"

 

 

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1entered into on November 2, 2010.
2    (b) The Illinois State Police and other agencies of the
3State of Illinois, as appropriate, shall create a means by
4which counties and local jurisdictions seeking not to
5participate in the "Secure Communities" program will be able to
6withhold their participation.
7    (c)(1) Any county participating in the "Secure
8Communities" program shall submit to the Illinois State Police,
9on the first day of each month, the following information:
10        (A) the number of detainers issued to the county's jail
11    during the preceding calendar month by U.S. Immigration and
12    Customs Enforcement (ICE) requesting that the jail hold an
13    individual until ICE takes that individual into its
14    custody;
15        (B) with respect to each of the individuals subject to
16    such detainers:
17            (i) the charge or charges for which he or she was
18        arrested;
19            (ii) whether the arrest occurred after a traffic
20        stop, after a Terry stop, pursuant to an arrest
21        warrant, or under other circumstances relating to
22        warrantless arrests;
23            (iii) the charge or charges if any for which he or
24        she was arraigned and prosecuted;
25            (iv) the disposition of his or her criminal charge
26        or charges described in clause (iii) of this paragraph

 

 

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1        (1), and the date of this disposition;
2            (v) whether bond was posted for the individual, and
3        if so, the date on which bond was posted;
4            (vi) the length of time (in days) he or she was
5        held in the jail's custody;
6            (vii) whether ICE took him or her into custody, and
7        if so, the date on which ICE took custody;
8            (viii) the cost incurred by the county for holding
9        each individual subject to the ICE detainer beyond the
10        date on which bond was posted or he or she otherwise
11        became subject to release, and whether the county
12        requested reimbursement for any federal agency to
13        cover expenses arising from the ICE detainers;
14            (ix) his or her national origin, if voluntarily
15        reported by the individual, provided that nothing in
16        this reporting requirement shall be construed to
17        require that the county determine or inquire into the
18        national origin of any such individual, or to authorize
19        any law enforcement agencies to compel such individual
20        to provide this information;
21            (x) whether the detainer arose pursuant to the
22        "Secure Communities" program, the ICE Criminal Alien
23        Program, an "immigrant alien query" requested by the
24        arresting law enforcement agency, or other means.
25    Reporting as required by this subsection (c) shall begin on
26the first day of the first month following the effective date

 

 

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1of this Article. In addition to this monthly reporting
2requirement, each county shall also report to the Illinois
3State Police, no later than 60 days after the effective date of
4this amendatory Act of the 97th General Assembly, the
5information described in this subsection (c) for the period
6starting on the date when the county began its participation in
7"Secure Communities" and ending on the effective date of this
8Article. The Illinois State Police shall maintain the
9information reported under this subsection (c) for no less than
107 years after the date on which these data are submitted.
11    (2) Based on the data reported under paragraph (1) of this
12subsection (c), such other data as may be available from ICE,
13input from local immigrant communities, and other relevant
14information, the Illinois State Police shall conduct annual
15evaluations of:
16        (A) the efficacy of the "Secure Communities" program in
17    meeting its stated goal of identifying noncitizens
18    convicted of crimes (in particular compared to the rates at
19    which the program identifies noncitizens without criminal
20    convictions), and
21        (B) the costs of such programs to the State and to
22    local law enforcement agencies.
23    The first period for which the Illinois State Police shall
24conduct an evaluation shall be the period starting November 2,
252009, and ending on the one-year anniversary of the effective
26date of this Article. The Illinois State Police shall issue a

 

 

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1report of its evaluation within 60 days of the end of this
2period. The Illinois State Police shall conduct subsequent
3evaluations for each one-year period beginning on the end date
4of the immediate prior evaluation period and ending on the next
5anniversary of the effective date of this Article, and issue a
6report of its evaluation within 60 days of the end of the
7evaluation period.
 
8    (725 ILCS 5/124C-15 new)
9    Sec. 124C-15. Prohibition on use of State funds. The State
10of Illinois shall not use any State funds for the purpose of
11facilitating the removal by U.S. Immigration and Customs
12Enforcement (ICE) of any individual who has not been convicted
13of a criminal offense.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".