Rep. Eddie Lee Jackson, Sr.

Filed: 5/26/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 549

2    AMENDMENT NO. ______. Amend Senate Bill 549 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Metro
5East Police District Act.
 
6    Section 3. Definitions.
7    "Commission" means the Metro East Police District
8Commission.
9    "District" means the Metro East Police District.
 
10    Section 5. Creation of district. There is created within
11the County of St. Clair a special district, named the Metro
12East Police District. The territory of the District shall
13include the City of East Saint Louis, the Village of Washington
14Park, the Village of Alorton, and the Village of Brooklyn. The
15District is created to advance the cause of public safety and

 

 

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1law enforcement for the residents of the District.
 
2    Section 10. Metro East Police District Commission.
3    (a) The governing and administrative powers of the Metro
4East Police District shall be vested in a body politic and
5corporate named the Metro East Police District Commission,
6whose powers are the following:
7        (1) To apply for, accept and expend grants, loans, or
8    appropriations from the State of Illinois, the federal
9    government, any State or federal agency or
10    instrumentality, any unit of local government, or any other
11    person or entity to be used for any of the purposes of the
12    District. The Commission may enter into any agreement with
13    the State of Illinois, the federal government, any State or
14    federal instrumentality, any unit of local government, or
15    any other person or entity in relation to grants, matching
16    grants, loans, or appropriations. The Commission may
17    provide grants, loans, or appropriations for law
18    enforcement purposes to any unit of local government within
19    the District.
20        (2) To enter into contracts or agreements with persons
21    or entities for the supply of goods or services as may be
22    necessary for the purposes of the District.
23        (3) To acquire fee simple title to real property lying
24    within the District and personal property required for its
25    purposes, by gift, purchase, contract, or otherwise for law

 

 

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1    enforcement purposes including evidence storage, records
2    storage, equipment storage, detainment facilities,
3    training facilities, office space and other purposes of the
4    District. Title shall be taken in the name of the
5    Commission. The Commission may acquire by lease any real
6    property located within the District and personal property
7    found by the Commission to be necessary for its purposes
8    and to which the Commission finds that it need not acquire
9    fee simple title for carrying out of those purposes. The
10    Commission has no eminent domain powers or quick-take
11    powers under this provision.
12        (4) To establish by resolution rules and regulations
13    that the police departments within the District may adopt
14    concerning: officer ethics; the carry and use of weapons;
15    search and seizure procedures; procedures for arrests with
16    and without warrants; alternatives to arrest; the use of
17    officer discretion; strip searches and body cavity
18    searches; profiling; use of reasonable force; use of deadly
19    force; use of authorized less than lethal weapons;
20    reporting uses of force; weapons and ammunition; weapons
21    proficiency and training; crime analysis; purchasing and
22    requisitions; department property; inventory and control;
23    issue and reissue; recruitment; training attendance;
24    lesson plans; remedial training; officer training record
25    maintenance; department animals; response procedures;
26    pursuit of motor vehicles; roadblocks and forcible stops;

 

 

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1    missing or mentally ill persons; use of equipment; use of
2    vehicle lights and sirens; equipment specifications and
3    maintenance; vehicle safety restraints; authorized
4    personal equipment; protective vests and high risk
5    situations; mobile data access; in-car video and audio;
6    case file management; investigative checklists;
7    informants; cold cases; polygraphs; shift briefings;
8    interviews of witnesses and suspects; line-ups and
9    show-ups; confidential information; juvenile operations;
10    offenders, custody, and interrogation; crime prevention
11    and community interface; critical incident response and
12    planning; hostage negotiation; search and rescue; special
13    events; personnel, equipment, and facility inspections;
14    victim/witness rights, preliminary contact, and follow up;
15    next of kin notification; traffic stops and approaches;
16    speed-measuring devices; DUI procedures; traffic collision
17    reporting and investigation; citation inventory, control
18    and administration; escorts; towing procedures; detainee
19    searches and transportation; search and inventory of
20    vehicles; escape prevention procedures and detainee
21    restraint; sick, injured, and disabled detainees; vehicle
22    safety; holding facility standards; collection and
23    preservation of evidence including but not limited to
24    photos, video, fingerprints, computers, records, DNA
25    samples, controlled substances, weapons, and physical
26    evidence; police report standards and format; submission

 

 

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1    of evidence to laboratories; follow up of outstanding
2    cases; and application for charges with the State's
3    Attorney, United States Attorney, Attorney General, or
4    other prosecuting authority.
5        Any police department located within the Metro East
6    Police District that does not adopt any rule or regulation
7    established by resolution by the Commission shall not be
8    eligible to receive funds from the Metro East Police
9    District Fund.
10        The adoption of any policies or procedures pursuant to
11    this Section shall not be inconsistent with any rights
12    under current collective bargaining agreements, the
13    Illinois Public Labor Relations Act or other laws governing
14    collective bargaining.
15        (5) No later than one year after the effective date of
16    this Act, to assume for police departments within the
17    District the authority to make application for and accept
18    financial grants or contributions of services from any
19    public or private source for law enforcement purposes.
20        (6) To develop a comprehensive plan for improvement and
21    maintenance of law enforcement facilities within the
22    District.
23        (7) To advance police departments within the District
24    towards accreditation by the national Commission for the
25    Accreditation of Law Enforcement Agencies (CALEA) within 3
26    years after creation of the District.

 

 

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1    (b) The Commission shall consist of 14 appointed members
2and 3 ex-officio members. Seven members shall be appointed by
3the Governor with the advice and consent of the Senate, one of
4whom shall represent an organization that represents the
5largest number of police officers employed by the
6municipalities described by Section 5 of this Act. Four members
7shall be appointed by the Mayor of East Saint Louis, with the
8advice and consent of the city council. One member each shall
9be appointed by the Village Presidents of Washington Park,
10Alorton, and Brooklyn, with the advice and consent of the
11respective village boards. All appointed members shall hold
12office for a term of 2 years ending on December 31 and until
13their successors are appointed and qualified. The Mayor of East
14Saint Louis, with the approval of the city council, may serve
15as one of the members appointed for East Saint Louis, and the
16Village Presidents of Washington Park, Alorton, and Brooklyn,
17with the approval of their respective boards, may serve as the
18member for their respective municipalities.
19    A member may be removed by his or her appointing authority
20for incompetence, neglect of duty, or malfeasance in office.
21    The Director of the Illinois State Police, or his or her
22designee, the State's Attorney of St. Clair County, or his or
23her designee, and the Director of the Southern Illinois Law
24Enforcement Commission, or his or her designee, shall serve as
25ex-officio members. Ex-officio members may only vote on matters
26before the Commission in the event of a tie vote.

 

 

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1    (c) Any vacancy in the appointed membership of the
2Commission occurring by reason of the death, resignation,
3disqualification, removal, or inability or refusal to act of
4any of the members of the Commission shall be filled by the
5authority that had appointed the particular member, and for the
6unexpired term of office of that particular member.
7    (d) The Commission shall hold regular meetings annually for
8the election of a chair, vice-chair, secretary, and treasurer,
9for the adoption of a budget, and monthly for other business as
10may be necessary. The Commission shall establish the duties and
11responsibilities of its officers by rule. The chair, or any 9
12members of the Commission, may call special meetings of the
13Commission. Each member shall take an oath of office for the
14faithful performance of his or her duties. The Commission may
15not transact business at a meeting of the Commission unless
16there is present at the meeting a quorum consisting of at least
179 members. Meetings may be held by telephone conference or
18other communications equipment by means of which all persons
19participating in the meeting can communicate with each other
20consistent with the Open Meetings Act.
21    (e) The Commission shall submit to the General Assembly, no
22later than March 1 of each odd-numbered year, a detailed report
23covering its operations for the 2 preceding calendar years and
24a statement of its program for the next 2 years, as provided by
25Section 3.1 of the General Assembly Organization Act.
26    (f) The Auditor General shall conduct audits of the

 

 

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1Commission in the same manner as the Auditor General conducts
2audits of State agencies under the Illinois State Auditing Act.
3    (g) The Commission is a public body for purposes of the
4Open Meetings Act and the Freedom of Information Act.
5    (h) This Section is a limitation under subsection (i) of
6Section 6 of Article VII of the Illinois Constitution on the
7concurrent exercise by home rule units of powers and functions
8exercised by the State.
 
9    Section 15. Disposition of money; income fund. There is
10created in the custody of the Illinois Finance Authority the
11Metro East Police District Fund. All moneys received by the
12Commission shall be deposited in the Fund. The Commission is
13authorized to use all money received for all purposes and
14powers set forth in this Act, provided that the Commission and
15the Illinois Finance Authority enter into an intergovernmental
16agreement to use the moneys deposited into the Fund solely for
17the purposes set forth in this Act. The Auditor General shall,
18at least biennially, audit or cause to be audited all records
19and accounts of the Commission pertaining to the operation of
20the District.
 
21    Section 20. Repealer. This Act is repealed on December 31,
222019.
 
23    Section 50. The Illinois Finance Authority Act is amended

 

 

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1by adding Section 825-115 as follows:
 
2    (20 ILCS 3501/825-115 new)
3    Sec. 825-115. Metro East Police District Fund. The
4Authority and the Metro East Police District Commission may
5jointly administer the Metro East Police District Fund. All
6moneys received by the Commission shall be deposited in the
7Fund. Upon request of the Commission, the Authority shall
8provide to the Commission moneys deposited in the Fund,
9provided that the Commission and the Authority enter into an
10intergovernmental agreement to use the moneys deposited into
11the Fund solely for the purposes set forth in the Metro East
12Police District Act. This Section is repealed on December 31,
132019.
 
14    Section 55. The Illinois State Auditing Act is amended by
15adding Section 3-1.5 as follows:
 
16    (30 ILCS 5/3-1.5 new)
17    Sec. 3-1.5. Metro East Police District. The Auditor General
18shall conduct audits as provided in Sections 10 and 15 of the
19Metro East Police District Act. This Section is repealed on
20December 31, 2019.
 
21    Section 60. The Counties Code is amended by adding Section
225-1101.5 as follows:
 

 

 

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1    (55 ILCS 5/5-1101.5 new)
2    Sec. 5-1101.5. Metro East Police District. In addition to
3any fine imposed under Section 5-9-1 of the Unified Code of
4Corrections, St. Clair County may adopt a mandatory fine of
5$100 to be paid by the defendant on a judgment of guilty or a
6grant of supervision for a felony or a violation of Section
711-501 of the Illinois Vehicle Code, when the offense was
8committed within the corporate limits of a municipality that is
9located within the Metro East Police District. The clerk of the
10circuit court shall collect the fines as provided in this
11subsection and must remit the fines to the Metro East Police
12District Fund created under Section 15 of the Metro East Police
13District Act. This Section is repealed on December 31, 2019.
 
14    Section 65. The Illinois Municipal Code is amended by
15adding Section 11-74.4-12 as follows:
 
16    (65 ILCS 5/11-74.4-12 new)
17    Sec. 11-74.4-12. Metro East Police District. A
18municipality may use moneys from the special tax allocation
19fund to hire police officers, if the corporate authorities of
20the municipality determine by ordinance or resolution that, as
21a result of the development associated with the tax increment
22financing, more police officers are needed to protect the
23public health and safety of the residents, and the municipality

 

 

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1is: (i) within the territory of the Metro East Police District
2created under the Metro East Police District Act, or (ii)
3contiguous to 2 or more municipalities within the territory of
4the Metro East Police District and having a population of more
5than 5,000 inhabitants, according to the 2000 federal census.
6The moneys used to hire police officers may amount to no more
7than 10% of the funds available.
 
8    Section 99. Effective date. This Act takes effect January
91, 2013.".