HB4262 101ST GENERAL ASSEMBLY

LRB101 17405 RLC 68480 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4262

Introduced 1/27/2020, by Rep. David A. Welter

SYNOPSIS AS INTRODUCED:

New Act

Creates the Domestic Violence Task Force Act. Creates the Domestic Violence Task Force. Provides that the Task Force shall: (1) conduct a comprehensive review of the process, operation, and enforcement of current domestic violence laws across the State; (2) identify gaps in the process, operation, and enforcement of those laws; (3) develop recommendations to address those gaps; (4) establish a framework for specialized protective networks for victims, treatment options for victims and offenders, and specialty courts for the accumulation of specialized domestic violence skills for courts; and (5) review the need for special consideration for conditions of bail in cases involving domestic violence within the ongoing changes brought on bail reform. Establishes membership and appointment of the Task Force. Provides that the Attorney General shall provide administrative support to the Task Force. Provides that the Attorney General, or the Attorney General's designee, shall be the chair of the Task Force. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall produce a report detailing the Task Force's findings and recommendations. Provides that the Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor on or before September 1, 2022. Repeals the Act on September 1, 2027. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to State government.

WHEREAS, Based on Illinois and national domestic violence data, the General Assembly finds that:

(1) on average, nearly 20 people per minute are physically abused by an intimate partner;

(2) one in 3 women, and one in 4 men have experienced some form of physical violence by an intimate partner;

(3) 19% of domestic violence incidents involves a weapon;

(4) the presence of a gun in a domestic violence situation increases the risk of homicide by 500%;

(5) intimate partner violence accounts for 15% of all violent crime;

(6) victims of violence from intimate partners endure a minimum of 7 incidents of abuse before agreeing to court intervention; and

(7) children within intimate partner physical violence families are in need of protection, counselling, and empowerment to break the cycle of violence and co-dependence; and

WHEREAS, The General Assembly finds that domestic violence is not limited by socio-economic factors, nor by geographic factors, and is truly a statewide concern; and

WHEREAS, The General Assembly finds that there is a need for a comprehensive examination of how to improve protection for victims of domestic violence and their family members, and how to reduce the cycle of domestic violence; and

WHEREAS, This Act is dedicated to the memory of Colton Miller and the countless lives that have been lost as a result of domestic violence; therefore

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

Section 1. Short title. This Act may be cited as the Domestic Violence Task Force Act.

Section 5. Public policy. The purpose of this Act is to establish a consistent, uniform statewide criminal justice system to protect victims and survivors of domestic violence, while holding offenders accountable.

Section 10. Task Force; creation. The Domestic Violence is created. The Task Force shall:

(1) conduct a comprehensive review of the process, operation, and enforcement of current domestic violence laws across the State;

(2) identify gaps in the process, operation and enforcement of those laws;

(3) develop recommendations to address those gaps;

(4) establish a framework for specialized protective networks for victims, treatment options for victims and offenders, and specialty courts for the accumulation of specialized domestic violence skills for courts; and

(5) review the need for special consideration for conditions of bail in cases involving domestic violence within the ongoing changes brought on bail reform.

Section 15. Task Force membership.

(a) The Intergovernmental Task Force shall be composed of the following members:

(1) 2 judges appointed by the Chief Justice of the Illinois Supreme Court, at least one of which shall have experience with domestic violence cases;

(2) the Executive Director of the Administrative Office of the Illinois Courts or the Executive Director's designee;

(3) one probation officer appointed by the Chief Justice of the Illinois Supreme Court who has significant experience with domestic violence cases;

(4) the Attorney General, or the Attorney General's designee, who shall serve as chair of the Task Force;

(5) the Director of the Illinois Criminal Justice Information Authority, or the Director's designee;

(6) the following public members appointed by the Governor:

(A) 2 members representing victims' rights organizations;

(B) 2 members representing State's Attorneys based on recommendations from the Illinois State's Attorneys Association, both of which shall have experience with domestic violence cases;

(C) 2 members representing law enforcement, both of which shall have experience with domestic violence cases; and

(D) 2 members representing victims of domestic violence;

(7) the Director of the Illinois State Police, or the Director's designee;

(8) the Secretary of Human Services or the Secretary's designee;

(9) one Representative appointed by the Speaker of the House of Representatives;

(10) one Representative appointed by the Minority Leader of the House of Representatives;

(11) one Senator appointed by the President of the Senate; and

(12) one Senator appointed by the Minority Leader of the Senate.

(b) The designated appointing authority listed in subsection (a) shall have the authority to replace any of the authority's appointed members.

Section 20. Administrative support and duties.

(a) The Attorney General shall provide administrative support to the Task Force.

(b) The Task Force shall review available research, best practices, and effective interventions to formulate recommendations.

(c) The Task Force shall produce a report detailing the Task Force's findings and making recommendations. The Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor on or before September 1, 2022.

Section 25. Repeal. This Act is repealed on September 1, 2027.

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