HB1437 99TH GENERAL ASSEMBLY

LRB099 04138 JLK 24158 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1437

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

New Act

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

AN ACT concerning State government.

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 Criminal Sentencing Impact Note Act.

Section 5. 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 legislation.

(b) For the purposes of this Act, "criminal offender population" means all persons who are convicted of a crime or adjudicated for an act that, if committed by an adult, would constitute a crime.

Section 10. Preparation. 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.

Section 15. Vote on necessity of criminal sentencing impact notes. 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 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.

Section 20. 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.

Section 25. Comment or opinion; technical or mechanical defects. 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 noted.

Section 30. 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 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.