Full Text of SB1865 96th General Assembly
SB1865sam001 96TH GENERAL ASSEMBLY
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Sen. Kwame Raoul
Filed: 3/24/2009
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| AMENDMENT TO SENATE BILL 1865
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| AMENDMENT NO. ______. Amend Senate Bill 1865 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Correctional Budget and Impact Note Act is | 5 |
| amended by changing Sections 2, 3, 4, 6, 8, and 9 as follows:
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| (25 ILCS 70/2) (from Ch. 63, par. 42.82)
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| Sec. 2. Budget impact note required.
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| (a) Every bill which creates a new criminal offense for | 9 |
| which a
sentence to the Department of Corrections may be | 10 |
| imposed; or which enhances
any class or category of offense to | 11 |
| a higher grade or penalty for which a
sentence to the | 12 |
| Department of Corrections is authorized; or which requires
a | 13 |
| mandatory commitment to the Department of Corrections, shall | 14 |
| have prepared
for it prior to second reading in the house of | 15 |
| introduction a brief explanatory
statement or note which shall | 16 |
| include a reliable estimate of the probable
impact of such bill |
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| upon the overall resident population of the Department
of | 2 |
| Corrections and the probable impact which such bill will have | 3 |
| upon the
Department's annual budget.
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| (b) Every bill that (i) creates a new criminal offense for | 5 |
| which a
commitment to the Department of Juvenile Justice or to | 6 |
| a juvenile detention facility, sentence of probation,
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| intermediate sanctions, or community service may be imposed or | 8 |
| (ii) enhances
any class or category of offense to any grade or | 9 |
| penalty for which
adjudication, commitment, or disposition by a | 10 |
| circuit court to the custody of
a Probation and Court Services | 11 |
| Department may result shall have prepared for it
prior to
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| second reading in the house of introduction a brief explanatory | 13 |
| statement or
note that shall include a reliable estimate of the | 14 |
| probable impact of the bill
upon the Department of Juvenile | 15 |
| Justice, as well as the overall probation caseload Statewide | 16 |
| and the probable impact the bill
will have on staffing needs | 17 |
| and upon the annual budgets of the Illinois Supreme
Court and | 18 |
| the counties of this State.
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| (Source: P.A. 89-198, eff. 7-21-95.)
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| (25 ILCS 70/3) (from Ch. 63, par. 42.83)
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| Sec. 3. Preparation of note. | 22 |
| (a) Upon the filing request of the sponsor of any bill | 23 |
| described in subsection
(a) of Section 2, the Director of the | 24 |
| Department of Corrections, or any person
within the Department | 25 |
| whom the Director may designate, shall prepare a written
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| statement setting forth the information specified in | 2 |
| subsection (a) of Section
2. Upon the filing request of the | 3 |
| sponsor of any bill described in subsection (b) of
Section 2, | 4 |
| the Director of Juvenile Justice and the Director of the | 5 |
| Administrative Office of the Illinois
Courts, or any person | 6 |
| each the Director may designate, shall prepare a written
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| statement setting forth the information specified in | 8 |
| subsection (b) of Section
2.
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| The statement prepared by the Director of Corrections , | 10 |
| Director of Juvenile Justice, or Director of
Administrative | 11 |
| Office of the Illinois Courts, as the case may be, shall be
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| designated a Correctional Budget and Impact Note and shall be | 13 |
| filed with the Clerk of the House or the Secretary of the | 14 |
| Senate, as appropriate, and furnished to the
sponsor within 10 | 15 |
| calendar days thereafter, except that whenever, because of
the | 16 |
| complexity of the bill, additional time is required for the | 17 |
| preparation
of the note, the Department of Corrections , | 18 |
| Department of Juvenile Justice, or Administrative Office of the
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| Illinois Courts may so notify the sponsor and request an | 20 |
| extension of time not
to exceed 5 additional days within which | 21 |
| such note is to be furnished. Such
extension shall not extend | 22 |
| beyond May 15 following the date of the request.
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| (b) Upon the filing of any bill requiring the preparation | 24 |
| of a written statement under subsection (a), the sponsor of the | 25 |
| bill in the house of introduction shall inform the Department | 26 |
| of Corrections, the Department of Juvenile Justice, and the |
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| Administrative Office of the Illinois Courts of the filing of | 2 |
| the bill. | 3 |
| (Source: P.A. 92-16, eff. 6-28-01.)
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| (25 ILCS 70/4) (from Ch. 63, par. 42.84)
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| Sec. 4. Preferred funding source. Within 5 days after | 6 |
| receiving the statement required in Section 3, the sponsor | 7 |
| shall file with the Clerk of the House or the Secretary of the | 8 |
| Senate, as appropriate, a written statement identifying the | 9 |
| sponsor's preferred means of funding the costs to be incurred | 10 |
| by the legislation. The required identification shall be made | 11 |
| either by specifying (i) the additional tax or other revenue | 12 |
| source from which an amount equal to the costs identified are | 13 |
| to be generated or (ii) the specific line item or items in the | 14 |
| budget for the current fiscal year that would be reduced or | 15 |
| eliminated to reach an amount equal to the costs identified. | 16 |
| Whenever the sponsor of any measure is of the opinion that
no | 17 |
| Correctional Budget and Impact Note is necessary, any member of | 18 |
| either
house may thereafter request that a note be obtained, | 19 |
| and in such case the
matter shall be decided by a majority vote | 20 |
| of those present and voting in
the house of which he is a | 21 |
| member.
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| (Source: P.A. 83-1031.)
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| (25 ILCS 70/6) (from Ch. 63, par. 42.86)
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| Sec. 6. Preparation of note. No comment or opinion shall be |
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| included in the note with regard
to the merits of the measure | 2 |
| for which the note is prepared; however technical
or mechanical | 3 |
| defects may be noted.
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| The work sheet shall include, insofar as practicable, a | 5 |
| breakdown of the
costs upon which the note is based. Such | 6 |
| breakdown shall include, but need
not be limited to, costs of | 7 |
| personnel, room and board, and capital outlay.
The note shall | 8 |
| also include such other information as is required by the
rules | 9 |
| and regulations which may be promulgated by each house of the | 10 |
| General
Assembly with respect to the preparation of such notes.
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| The note shall be prepared in quintuplicate and the | 12 |
| original of both the
note and the work sheet shall be signed by | 13 |
| the Director of the Department
of Corrections or such person as | 14 |
| the Director may designate , by the Director of Juvenile | 15 |
| Justice, or such person as the Director may designate, or by | 16 |
| the
Director
of the Administrative Office of the
Illinois | 17 |
| Courts, or any person the Director may designate.
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| (Source: P.A. 89-198, eff. 7-21-95.)
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| (25 ILCS 70/8) (from Ch. 63, par. 42.88)
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| Sec. 8. Amendments; notes required. Whenever any measure is | 21 |
| amended on the floor of either house
in such manner as to bring | 22 |
| it within the description of bills set forth
in Section 2 | 23 |
| above, a majority of such house may propose that no action
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| shall be taken upon the amendment until the sponsor of the | 25 |
| amendment presents
to the members a statement of the budget and |
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| population impact of his or her amendment,
as required by this | 2 |
| Act.
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| (Source: P.A. 83-1031.)
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| (25 ILCS 70/9) (from Ch. 63, par. 42.89)
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| Sec. 9. Confidentiality before introduction. The subject | 6 |
| matter of bills submitted to the Director of the
Department of | 7 |
| Corrections , the Director of Juvenile Justice, or the Director | 8 |
| of the Administrative Office of
the Illinois Courts shall be | 9 |
| kept in strict confidence and no information
relating thereto | 10 |
| or relating to the budget or impact thereof shall be divulged
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| by an official or employee of the Department or the | 12 |
| Administrative Office of
the Illinois Courts, except to the | 13 |
| bill's sponsor or his designee, prior
to the bill's | 14 |
| introduction in the General Assembly.
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| (Source: P.A. 92-16, eff. 6-28-01.)".
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