Sen. Donne E. Trotter

Filed: 3/20/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1798

2    AMENDMENT NO. ______. Amend Senate Bill 1798 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Correctional Budget and Impact Note Act is
5amended by changing Sections 1, 2, 3, 4, 5, and 7 as follows:
 
6    (25 ILCS 70/1)  (from Ch. 63, par. 42.81)
7    Sec. 1. This Act shall be known and may be cited as the
8Correctional Budget and Racial Impact Note Act.
9(Source: P.A. 83-1031.)
 
10    (25 ILCS 70/2)  (from Ch. 63, par. 42.82)
11    Sec. 2. Budget impact and racial note required.
12    (a) Every bill which creates a new criminal offense for
13which a sentence to the Department of Corrections may be
14imposed; or which enhances any class or category of offense to
15a higher grade or penalty for which a sentence to the

 

 

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1Department of Corrections is authorized; or which requires a
2mandatory commitment to the Department of Corrections, shall
3have prepared for it prior to second reading in the house of
4introduction a brief explanatory statement or note which shall
5include a reliable estimate of the probable impact of such bill
6upon: (i) the number of criminal cases per year the bill will
7affect; (ii) the members of racial minority groups by
8ethnicity; (iii) the overall resident population and
9operations of the Department of Corrections; (iv) and the
10probable impact which such bill will have upon the Department's
11annual budget; and (v) any other matter the Department
12considers appropriate.
13    (b) Every bill that (i) creates a new criminal offense for
14which a commitment to a juvenile detention facility, sentence
15of probation, intermediate sanctions, or community service may
16be imposed or (ii) enhances any class or category of offense to
17any grade or penalty for which adjudication, commitment, or
18disposition by a circuit court to the custody of a Probation
19and Court Services Department may result shall have prepared
20for it prior to second reading in the house of introduction a
21brief explanatory statement or note that shall include a
22reliable estimate of the probable impact of the bill upon: (i)
23the number of criminal cases per year the bill will affect;
24(ii) the members of racial minority groups by ethnicity; (iii)
25the overall probation caseload Statewide; (iv) and the probable
26impact the bill will have on staffing needs and upon the annual

 

 

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1budgets of the Illinois Supreme Court and the counties of this
2State; and (v) any other matter the Administrative Office of
3the Illinois Courts considers appropriate.
4(Source: P.A. 89-198, eff. 7-21-95.)
 
5    (25 ILCS 70/3)  (from Ch. 63, par. 42.83)
6    Sec. 3. The Upon the request of the sponsor of any bill
7described in subsection (a) of Section 2, the Director of the
8Department of Corrections, or any person within the Department
9whom the Director may designate, shall prepare and file a
10written statement setting forth the information specified in
11subsection (a) of Section 2. The Upon the request of the
12sponsor of any bill described in subsection (b) of Section 2,
13the Director of the Administrative Office of the Illinois
14Courts, or any person the Director may designate, shall prepare
15and file a written statement setting forth the information
16specified in subsection (b) of Section 2.
17    The statement prepared by the Director of Corrections or
18Director of the Administrative Office of the Illinois Courts,
19as the case may be, shall be designated a Correctional Budget
20and Racial Impact Note and shall be furnished to the sponsor
21within 10 calendar days thereafter, except that whenever,
22because of the complexity of the bill, additional time is
23required for the preparation of the note, the Department of
24Corrections or Administrative Office of the Illinois Courts may
25so notify the sponsor and request an extension of time not to

 

 

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1exceed 5 additional days within which such note is to be
2furnished. Such extension shall not extend beyond May 15
3following the date of the request.
4(Source: P.A. 92-16, eff. 6-28-01.)
 
5    (25 ILCS 70/4)  (from Ch. 63, par. 42.84)
6    Sec. 4. Whenever the sponsor of any measure is of the
7opinion that no Correctional Budget and Racial Impact Note is
8necessary, any member of either house may thereafter request
9that a note be obtained, and in such case the matter shall be
10decided by a majority vote of those present and voting in the
11house of which he is a member.
12(Source: P.A. 83-1031.)
 
13    (25 ILCS 70/5)  (from Ch. 63, par. 42.85)
14    Sec. 5. The note shall be factual in nature, as brief and
15concise as may be, and shall provide as reliable an estimate,
16in terms of population and dollar impact, as is possible under
17the circumstances. The note shall include both the immediate
18effect, and if determinable or reasonably foreseeable, the
19long-range effect of the measure.
20    If, after careful investigation, it is determined that no
21population or dollar estimate is possible, the note shall
22contain a statement to that effect, setting forth the reasons
23why no such estimate can be given. A brief summary or work
24sheet of computations used in arriving at the Budget and Racial

 

 

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1Impact Note figures shall be supplied.
2(Source: P.A. 90-655, eff. 7-30-98.)
 
3    (25 ILCS 70/7)  (from Ch. 63, par. 42.87)
4    Sec. 7. The fact that a Correctional Budget and Racial
5Impact Note is prepared for any bill shall not preclude or
6restrict the appearance before any committee of the General
7Assembly, of any official or authorized employee of any State
8board, commission, department, agency or other entity who
9desires to be heard in support of or in opposition to the
10measure.
11(Source: P.A. 83-1031.)".