Public Act 0786 104TH GENERAL ASSEMBLY

HB5024 Enrolled LRB104 20598 JDS 34089 b

Public Act 104-0786

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Section 11-5-12 as follows:

(65 ILCS 5/11-5-12 new)

Sec. 11-5-12. Detention center facilities.

(a) In this Section:

"Detention center facility" means any one or more of the following:

(1) a facility that is owned, leased, operated, or otherwise controlled by any unit of government or a federal immigration authority and that has as its primary use the occupation under restraint or security of individuals detained by or in the custody of any unit of government or a federal immigration authority for immigration-related purposes;

(2) a facility where individuals who have been detained by or are in the custody of any unit of government or a federal immigration authority are processed for deportation from the United States; or

(3) a facility where individuals who have been detained by or in the custody of any unit of government or a federal immigration authority are temporarily held while their citizenship status is determined.

"Federal immigration authority" means the United States Immigration and Customs Enforcement, the United States Customs and Border Protection, the United States Department of Homeland Security, or any other federal agency exercising immigration enforcement authority under the laws of the United States or any entity that is under contract with such an agency to perform immigration enforcement activities.

(b) A detention center facility may not be located, constructed, or operated within 1,500 feet of the property boundaries of any school, day care center, day care home, cemetery, public park, forest preserve, public housing, private residence, or place of religious worship, regardless of address.

Section 99. Effective date. This Act takes effect upon becoming law.