Full Text of HB1437 99th General Assembly
HB1437 99TH GENERAL ASSEMBLY
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
Introduced , by Rep. Jack D. Franks
SYNOPSIS AS INTRODUCED:
Creates the Criminal Sentencing Impact Note Act. Provides that every
bill, the purpose or effect of which is to have a disparate impact on the
criminal offender population and its racial and ethnic composition, shall
have prepared for it a brief explanatory statement or note that shall
include a reliable estimate of the anticipated impact on the racial and
ethnic composition of the criminal offender population. Provides that the
Illinois Criminal Justice Information Authority shall prepare the
statement or note. Sets forth the contents of the statement or note
addressing the disparate impact. Defines "criminal offender population".
Contains other related provisions regarding the vote on the necessity of
the note, comment or opinion regarding the merits of the legislation
included in the note, and appearance of State officials and employees in
support or opposition of measure.
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Criminal Sentencing Impact Note Act.
Criminal sentencing impact note.
(a) Every bill, the purpose or effect of which is to have a
disparate impact on the criminal offender population and its
racial and ethnic composition, shall have prepared for it,
before second reading in the house of introduction, a brief
explanatory statement or note that shall include a reliable
estimate of the anticipated impact on the racial and ethnic
composition of that group. Each criminal sentencing impact note
must include, for racial and ethnic groups for which data are
available: (i) an estimate of how the proposed legislation
would change or affect the racial and ethnic composition of the
criminal offender population; (ii) a statement of the
methodologies and assumptions used in preparing the estimate;
and (iii) an estimate of the racial and ethnic composition of
the crime victims who may be affected by the proposed
(b) For the purposes of this Act, "criminal offender
population" means all persons who are convicted of a crime or
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adjudicated for an act that, if committed by an adult, would
constitute a crime.
The sponsor of each bill to which
Section 5 applies shall present a copy of the bill with the
request for a criminal sentencing impact note to the Illinois
Criminal Justice Information Authority. The criminal
sentencing impact note shall be prepared by the Illinois
Criminal Justice Information Authority and submitted to the
sponsor of the bill within 5 calendar days, except that
whenever, because of the complexity of the measure, additional
time is required for the preparation of the criminal sentencing
impact note, the Illinois Criminal Justice Information
Authority may inform the sponsor of the bill, and the sponsor
may approve an extension of the time within which the note is
to be submitted, not to extend, however, beyond June 15,
following the date of the request. If, in the opinion of the
Illinois Criminal Justice Information Authority, there is
insufficient information to prepare a reliable estimate of the
anticipated impact, a statement to that effect can be filed and
shall meet the requirements of this Act.
Vote on necessity of criminal sentencing impact
Whenever the sponsor of any bill is of the opinion that
no criminal sentencing impact note is required, any member of
either house may request that a note be obtained, and in that
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case the applicability of this Act shall be decided by the
majority of those present and voting in the house of which the
sponsor is a member.
Requisites and contents.
The note shall be
factual in nature, as brief and concise as may be, and, in
addition, it shall include both the immediate effect and, if
determinable or reasonably foreseeable, the long range effect
of the measure on the criminal offender population and its
racial and ethnic composition. If, after careful
investigation, it is determined that such an effect is not
ascertainable, the note shall contain a statement to that
effect, setting forth the reasons why no ascertainable effect
can be given.
Comment or opinion; technical or mechanical
No comment or opinion shall be included in the
criminal sentencing impact note with regard to the merits of
the measure for which the criminal sentencing impact note is
prepared; however, technical or mechanical defects may be
Appearance of State officials and employees in
support or opposition of measure.
The fact that a criminal
sentencing impact note is prepared for any bill or proposed
rule shall not preclude or restrict the appearance before any
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committee of the General Assembly of any official or authorized
employee of the Illinois Criminal Justice Information
Authority who desires to be heard in support of or in
opposition to the measure.