Illinois General Assembly - Full Text of HB0094
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Full Text of HB0094  97th General Assembly



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1    AN ACT concerning census information.
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
5Prisoner Census Adjustment Act.
6    Section 10. Distribution of census information. Not later
7than 30 days after publication of census redistricting data for
8this State by the United States Census Bureau, the Secretary of
9State shall prepare and disseminate adjusted population counts
10for each geographic unit included in the census counts as
11provided by this Act.
12    Section 15. Reports to the Secretary of State.
13    (a) Not later than May 1 of the year in which the federal
14decennial census is conducted, each State and local
15governmental entity in this State that operates a facility for
16the incarceration of persons convicted of a criminal offense,
17including a mental health institution for those persons, or
18that places any person convicted of a criminal offense in a
19private facility to be incarcerated on behalf of the
20governmental entity, shall submit a report to the Secretary of
21State with the following information:
22        (1) The name of each person incarcerated in a facility



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1    operated by the governmental entity or in a private
2    facility on behalf of the governmental entity on the date
3    for which the census reports population who has less than 4
4    years remaining on his or her sentence on the date for
5    which the census reports population and who completed a
6    census form, responded to a census inquiry, or was included
7    in any report provided to census officials, if the form,
8    response, or report indicated that the person resided at
9    the facility on that date.
10        (2) The age, gender, and race of each person included
11    in the report.
12        (3) The last address at which the person resided before
13    the person's current incarceration.
14    (b) Each governmental entity required to make a report
15under subsection (a) shall ensure that it collects and
16maintains the information required to make the report.
17    Section 20. Federal facilities. The Secretary of State
18shall request each agency that operates a federal facility in
19this State that incarcerates persons convicted of a criminal
20offense to provide the Secretary of State with a report
21including the information listed in subsection (a) of Section
2215 for persons convicted of an offense in this State.
23    Section 25. Adjustments by the Secretary of State. For each
24person included in a report received under Sections 15 and 20



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1for whom a previous address is reported under item (3) of
2subsection (a) of Section 15 of this Act, the Secretary of
3State shall determine the geographic units for which population
4counts are reported in the federal decennial census that
5contain the last address at which the person resided before the
6person's incarceration according to the report and, if that
7address is in this State:
8        (1) Adjust all relevant population counts reported in
9    the census, including populations by age, gender, and race,
10    as if the person resided at that address on the day for
11    which the census reports population.
12        (2) Eliminate the person from all applicable
13    population counts reported in the federal decennial census
14    for the geographic units that include the facility at which
15    the person was incarcerated on the day for which the census
16    reports population.
17    Section 30. Use of census information in redistricting.
18    (a) Each political subdivision of the State that elects any
19members of a governmental body from election districts, wards,
20or precincts that are subject to the one-person one-vote
21requirement of the Constitution of the United States that
22redistricts after the Secretary of State adjusts population
23levels shall ensure that each of those election districts,
24wards, or precincts are redistricted according to the most
25recent adjusted population counts prepared by the Secretary of



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2    (b) A State governmental body, including the General
3Assembly and any State court, that redistricts any election
4districts subject to the one-person one-vote requirement of the
5Constitution of the United States shall comply with the
6restriction provided by subsection (a).
7    (c) A governmental entity to which this Section applies may
8exceed the adjusted population restrictions required by this
9Section only to the extent necessary to comply with federal
11    Section 99. Effective date. This Act takes effect January
121, 2020.