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Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Adds the Smart Enforcement Law to the Code. Provides that the Illinois State Police and other agencies of the State of Illinois, as appropriate, shall create a means by which counties and local jurisdictions seeking not to participate in the "Secure Communities" program will be able to withhold their participation. Specifies that the "Secure Communities" program is an effort to identify aliens who are convicted of a crime, sentenced to imprisonment, and who may be deportable, and remove them from the United States once they are judged deportable; includes other findings. Provides that any county participating in the "Secure Communities" program shall submit to the Illinois State Police, on the first day of each month, certain information concerning detainers issued to county jails during the preceding calendar month by U.S. Immigration and Customs Enforcement (ICE) requesting that the jail hold an individual until ICE takes that individual into its custody. Provides that the Illinois State Police shall conduct annual evaluating of: (1) the efficacy of the "Secure Communities" program in meeting its stated goal of identifying noncitizens convicted of crimes (in particular compared to the rates at which the program identifies noncitizens without criminal convictions), and (2) the costs of such programs to the State and to local law enforcement agencies. Provides that the State of Illinois shall not use any State funds for the purpose of facilitating the removal by U.S. Immigration and Customs Enforcement (ICE) of any individual who has not been convicted of a criminal offense. Effective immediately.
Correctional Note, House Floor Amendment No. 1 (Dept of Corrections)
This legislation has no fiscal or population impact on the Department.
Fiscal Note, House Floor Amendment No. 1 (Illinois State Police)
The potential fiscal impact of HB 929 (H-AM 1) is $145,270. This would cover the cost of entering data received by the Illinois State Police, Bureau of Identification, on a monthly basis from the counties and compiling and evaluating the data annually. The potential cost of developing an electronic data collection, storage, and reporting system would need to be evaluated by the Illinois State Police, Information Services Bureau, in order to capture any additional costs.
Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Reinserts the provisions of the bill as amended but: (1) changes the reporting requirements; (2) provides that the Illinois State Police shall arrange for the data collected to be made available to the public; (3) eliminates provision that the State of Illinois shall not use any State funds for the purpose of facilitating the removal by U.S. Immigration and Customs Enforcement (ICE) of any individual who has not been convicted of a criminal offense; and (4) provides that as a condition for its continued participation in the "Secure Communities" program, the State of Illinois shall modify its Memorandum of Agreement with ICE to provide that, in line with ICE's Congressional authorization of identifying "aliens convicted of a crime, sentenced to imprisonment, and who may be deportable," Public Law 110-161, 121 Stat. 1844, 2365 (2007), no Illinois arrest record information regarding any individual may be analyzed by ICE through the "Secure Communities" program unless such individual has been convicted of a criminal offense. Effective immediately.
State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
HB 929 (H-AM 1) does not create a State mandate.
Home Rule Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
HB 929 (H-AM 1) does not pre-empt home rule authority.
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