HB0440ham001 97TH GENERAL ASSEMBLY

Rep. Maria Antonia Berrios

Filed: 4/5/2011

09700HB0440ham001 LRB097 03913 HLH 53891 a

AMENDMENT TO HOUSE BILL 440

AMENDMENT NO. ______. Amend House Bill 440 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Latino Family Commission Act is amended by adding Section 35 as follows:

(20 ILCS 3983/35 new)

Sec. 35. The Secure Communities Action Task Force; suspension of Secure Communities Memorandum of Agreement.

(a) The Secure Communities Memorandum of Agreement between the State and the federal Immigration and Customs Enforcement Agency is aimed at removing undocumented individuals who have committed serious criminal offenses. Current data suggests that between 44% and 78% of undocumented individuals detained by law enforcement in Illinois were not detained on criminal charges; the national average is 27%. This disparity suggests that current implementation efforts are not aligned with the purpose of the program and result in an unnecessary burden to jails and local taxpayers and decreased security statewide. Therefore, the Secure Communities Memorandum of Agreement is hereby suspended until a study is conducted by the Secure Communities Action Task Force created in subsection (b) of this Section.

(b) The Secure Communities Action Task Force is hereby created. The Task Force shall consist of 9 members appointed as follows: one member appointed by the Senate President; one member appointed by the Senate Minority Leader; one member appointed by the Speaker of the House of Representatives; one member appointed by the House Minority Leader; one member, to serve as chair, appointed by the Governor; and 4 members appointed by the Illinois Latino Family Commission. The members shall be appointed within 30 days after the effective date of this amendatory Act of the 97th General Assembly. Membership of the Secure Communities Action Task Force shall be representative of law enforcement, affected communities, and immigration and human rights advocacy groups. Members shall serve without compensation, but may be reimbursed for expenses associated with the Secure Communities Task Force. The Secure Communities Task Force may accept donated services and other resources that may be necessary to complete the work of the Task Force from not-for-profit organizations. The Office of the Governor shall provide administrative and other support to the Task Force. The Secure Communities Action Task Force shall begin to conduct business upon the appointment of all members. The Secure Communities Action Task Force shall review data and conduct additional investigations concerning the Secure Communities Memorandum of Agreement, including hearings in participating counties, and shall report its findings and recommendations to the Governor and the General Assembly no later than June 30, 2012. The Task Force is dissolved upon submission of the report.

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