HB0929ham002 97TH GENERAL ASSEMBLY

Rep. Daniel J. Burke

Filed: 4/13/2011

 

 


 

 


 
09700HB0929ham002LRB097 03748 RLC 54472 a

1
AMENDMENT TO HOUSE BILL 929

2    AMENDMENT NO. ______. Amend House Bill 929, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Code of Criminal Procedure of 1963 is
6amended by adding Article 124C as follows:
 
7    (725 ILCS 5/Art. 124C heading new)
8
ARTICLE 124C. SMART ENFORCEMENT LAW

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

 

 

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1criminal laws and in imposing appropriate penalties for those
2convicted of criminal offenses. In the case of noncitizens of
3the United States, the consequences of criminal convictions may
4include removal from the United States by U.S. Immigration and
5Customs Enforcement (ICE).
6    (b) In 2007, in enacting Public Law 110-161, 121 Stat.
71844, 2365, Congress provided initial appropriations to
8"improve and modernize efforts to identify aliens convicted of
9a crime, sentenced to imprisonment, and who may be deportable,
10and remove them from the United States once they are judged
11deportable". ICE has used this funding to create the "Secure
12Communities" program, through which ICE receives and reviews
13fingerprints that local police take for criminal suspects upon
14booking.
15    (c) Illinois participates in the "Secure Communities"
16pursuant to a Memorandum of Agreement entered into by ICE and
17the Illinois State Police on November 2, 2009. ICE is
18implementing the program in counties throughout Illinois and
19intends to cover the entire nation by 2013.
20    (d) Contrary to the goal, stated by Congress and affirmed
21by ICE, of identifying and removing noncitizens convicted of
22crimes, "Secure Communities" has largely been identifying
23individuals with no criminal convictions for ICE arrest and
24removal. Through February 2011, 46.5% of individuals arrested
25by ICE under "Secure Communities" had no convictions.
26    (e) "Secure Communities" imposes additional costs upon

 

 

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

 

 

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1Immigration and Customs Enforcement and the Illinois State
2Police" entered into on November 2, 2009.
3    (b) The Illinois State Police shall identify a means by
4which a local law enforcement agency may request to withhold
5its participation in the "Secure Communities" program, and
6shall facilitate any such request to the appropriate federal
7agencies.
8    (c)(1) Any county participating in the "Secure
9Communities" program shall submit to the Illinois State Police,
10in a form and manner to be determined by the Illinois State
11Police, the following information:
12        (A) the number of individuals held by the county's jail
13    during each calendar month pursuant to a detainer issued by
14    ICE requesting that the jail hold an individual until ICE
15    takes that individual into its custody;
16        (B) with respect to those individuals subject to such
17    detainers:
18            (i) the charge or charges for which the individual
19        was arrested;
20            (ii) to the extent known by the county, whether the
21        arrest occurred after a traffic stop, after a Terry
22        stop, pursuant to an arrest warrant, or under other
23        circumstances relating to warrantless arrests;
24            (iii) the charge or charges if any for which the
25        individual was arraigned and prosecuted;
26            (iv) the disposition of the criminal charge or

 

 

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

 

 

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1        enforcement agency, or other means.
2    (2) The Illinois State Police shall arrange for the data
3collected pursuant to paragraph (1) of this subsection (c) to
4be made available to the public.
5    (d) As a condition for its continued participation in the
6"Secure Communities" program, the State of Illinois shall
7modify its Memorandum of Agreement with ICE to provide that, in
8line with ICE's Congressional authorization of identifying
9"aliens convicted of a crime, sentenced to imprisonment, and
10who may be deportable," Public Law 110-161, 121 Stat. 1844,
112365 (2007), no Illinois arrest record information regarding
12any individual may be analyzed by ICE through the "Secure
13Communities" program unless such individual has been convicted
14of a criminal offense.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".