Illinois General Assembly - Full Text of HB5738
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Full Text of HB5738  102nd General Assembly

HB5738 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5738

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-1-15 new

    Amends the Illinois Municipal Code. Defines terms. Provides that a police department in a municipality with a population greater than 250,000 shall report its clearance rate on an annual basis to the city council or board of trustees of the municipality. Provides that, if the city council or board of trustees of the municipality determines that the department's clearance rate report is in compliance with the requirements of the Section, the city council or board of trustees of the municipality shall submit the department's compliant clearance rate report to the Illinois State Police. Effective January 1, 2023.


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A BILL FOR

 

HB5738LRB102 27011 AWJ 38275 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5adding Section 11-1-15 as follows:
 
6    (65 ILCS 5/11-1-15 new)
7    Sec. 11-1-15. Clearance rate reporting in municipalities
8over 250,000.
9    (a) As used in this Section:
10    "Clearance" or "cleared" means either of the following:
11        (1) "clearance by arrest" occurs when at least one
12    person has been arrested, charged with the commission of
13    the offense, and prosecution has begun in court; or
14        (2) "clearance by exceptional means" occurs when
15    elements beyond the police's control prevent the
16    department from arresting and formally charging the
17    offender and the following 4 conditions are met:
18            (A) the offender was identified;
19            (B) the department gathered enough evidence to
20        support an arrest, make a charge, and turn over the
21        offender for prosecution in court;
22            (C) the offender's exact location was identified
23        so that the suspect could be taken into custody

 

 

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1        immediately; and
2            (D) the department encountered a circumstance
3        outside the control of the department that prohibits
4        the department from arresting, charging, and
5        prosecuting the offender.
6    "Clearance rate" means the number of cases cleared
7compared to the number of cases not cleared.
8    (b) A police department in a municipality with a
9population greater than 250,000 shall report its clearance
10rate on an annual basis to the city council or board of
11trustees of the municipality. The department's reporting of
12clearance rates shall distinguish the form of clearance for
13each crime incident reported to have been cleared and why that
14form of clearance applies to each crime.
15    (c) On an annual basis, the city council or board of
16trustees of the municipality shall determine whether the
17clearance rate report of its police department is in
18compliance with the requirements of this Section by a simple
19majority vote of the city council or board of trustees.
20    (d) If the city council or board of trustees of the
21municipality determines that the department's clearance rate
22report is in compliance with the requirements of this Section,
23the city council or board of trustees of the municipality
24shall submit the department's compliant clearance rate report
25to the Illinois State Police.
 
26    Section 99. Effective date. This Act takes effect January

 

 

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11, 2023.