Illinois General Assembly - Full Text of HB3629
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3629  102nd General Assembly

HB3629 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3629

 

Introduced 2/22/2021, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the No Representation Without Population Act. Defines terms. Provides that beginning in 2030, the Department of Corrections shall deliver information to the Secretary of State including unique identifier for incarcerated persons, the address of the correctional facility where the person is incarcerated at the time of the report, the person's last known address, the person's race and age, and other information requested pursuant to law. Provides that beginning in 2031, the Secretary of State shall prepare redistricting population data to reflect incarcerated persons at their residential address. Provides for determinations and data for publication by the Secretary of State. Makes other changes.


LRB102 16939 KMF 22355 b

 

 

A BILL FOR

 

HB3629LRB102 16939 KMF 22355 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the No
5Representation Without Population Act.
 
6    Section 3. Definition. As used in this Act, "Department"
7means the Department of Corrections.
 
8    Section 5. Electronic records. The Department shall
9collect and maintain an electronic record of the legal
10residence, outside of any correctional facility, and other
11demographic data for each person in custody or entering
12custody on or after the effective date of this Act. At a
13minimum, this record shall contain the person's last known
14complete street address prior to incarceration, the person's
15race, whether the person is of Hispanic or Latino origin, and
16whether the person is 18 years of age or older. To the degree
17possible, the Department shall also allow the legal residence
18to be updated as appropriate.
 
19    Section 10. Reports to the Secretary of State.
20    (a) Beginning in 2030, on or before May 1 of each year
21where the federal decennial census is taken but in which the

 

 

HB3629- 2 -LRB102 16939 KMF 22355 b

1United States Bureau of the Census allocates incarcerated
2persons as residents of correctional facilities, the
3Department shall deliver to the Secretary of State the
4following information:
5        (1) A unique identifier, not including the name or
6    Department-assigned inmate number, for each incarcerated
7    person subject to the jurisdiction of the Department on
8    the date for which the decennial census reports
9    population. The unique identifier shall enable the
10    Secretary of State to address inquiries about specific
11    address records to the Department, without making it
12    possible for anyone outside of the Department to identify
13    the inmate to whom the address record pertains.
14        (2) The street address of the correctional facility
15    where the person was incarcerated at the time of the
16    report.
17        (3) The last known address of the person prior to
18    incarceration or other legal residence, if known.
19        (4) The person's race, whether the person is of
20    Hispanic or Latino origin, and whether the person is age
21    18 or older, if known.
22        (5) Any additional information as the Secretary of
23    State may request pursuant to law.
24    (b) The Department shall provide the information specified
25in subsection (a) in the form that the Secretary of State shall
26specify.

 

 

HB3629- 3 -LRB102 16939 KMF 22355 b

1    (c) Notwithstanding any other provision of law, the
2information required to be provided to the Secretary of State
3pursuant to this Section shall not include the name of any
4incarcerated person and shall not allow for the identification
5of any person therefrom, except to the Department. The
6information shall be treated as confidential and shall not be
7disclosed by the Secretary of State except as redistricting
8data aggregated by census block for purposes specified in
9Section 20.
 
10    Section 15. Federal facilities. On or before February 1,
112030 and on or before February 1 of each year in which the
12federal decennial census is taken but in which the United
13States Bureau of the Census allocates incarcerated persons as
14residents of correctional facilities, the Secretary of State
15shall request each agency that operates a federal facility in
16this State that incarcerates persons convicted of a criminal
17offense to provide the Secretary of State with a report that
18includes the information listed in subsection (a) of Section
1910.
 
20    Section 20. Secretary of State; redistricting data.
21Beginning in 2031, the Secretary of State shall prepare
22redistricting population data to reflect incarcerated persons
23at their residential address, pursuant to Section 25. The data
24prepared by the Secretary of State shall be the basis of the

 

 

HB3629- 4 -LRB102 16939 KMF 22355 b

1Legislative and Representative Districts required to be
2created pursuant to Section 3 of Article IV of the Illinois
3Constitution of 1970. Incarcerated populations residing at
4unknown geographic locations within the State, as determined
5under paragraph (2) of subsection (c) of Section 25, shall not
6be used to determine the ideal population of any set of
7districts, wards, or precincts.
 
8    Section 25. Determinations and data publication by the
9Secretary of State.
10    (a) For each person included in a report received under
11Sections 10 and 15, the Secretary of State shall determine the
12geographic units for which population counts are reported in
13the federal decennial census that contain the facility of
14incarceration and the legal residence as listed according to
15the report.
16    (b) For each person included in a report received under
17Sections 10 and 15, if the legal residence is known and in this
18State, the Secretary of State shall:
19        (1) ensure that the person is not represented in any
20    population counts reported by the Secretary of State for
21    the geographic units that include the facility where the
22    person was incarcerated, unless that geographic unit also
23    includes the person's legal residence; and
24        (2) ensure that any population counts reported by the
25    Secretary of State reflect the person's residential

 

 

HB3629- 5 -LRB102 16939 KMF 22355 b

1    address as reported under Sections 10 and 15.
2    (c) For each person included in a report received under
3Sections 10 and 15 for whom a legal residence is unknown or not
4in this State and for all persons reported in the census as
5residing in a federal correctional facility for whom a report
6was not provided, the Secretary of State shall:
7        (1) ensure that the person is not represented in any
8    population counts reported by the Secretary of State for
9    the geographic units that include the facility where the
10    person was incarcerated; and
11        (2) allocate the person to a State unit not tied to a
12    specific determined geographic location, as other State
13    residents with unknown State addresses are allocated.
14    (d) The data prepared by the Secretary of State pursuant
15to this Section shall be completed and published no later than
1630 days after the date that federal decennial census data
17required to be published by Public Law 94-171 is published for
18the State of Illinois.
 
19    Section 30. Data; Legislative and Representative
20Districts. Beginning in 2031, the data prepared by the
21Secretary of State in Section 25:
22        (1) shall be used only as the basis for determining
23    Legislative and Representative Districts; and
24        (2) shall not be used in the distribution of any State
25    or federal aid.

 

 

HB3629- 6 -LRB102 16939 KMF 22355 b

1    Residences at unknown geographic locations within the
2State under subsection (c) of Section 25 shall not be used to
3determine the ideal population of any set of districts, wards,
4or precincts.
 
5    Section 97. Severability. The provisions of this Act are
6severable under Section 1.31 of the Statute on Statutes.