HB0929ham001 97TH GENERAL ASSEMBLY

Rep. Daniel J. Burke

Filed: 3/29/2011

09700HB0929ham001 LRB097 03748 RLC 53562 a

AMENDMENT TO HOUSE BILL 929

AMENDMENT NO. ______. Amend House Bill 929 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by adding Article 124C as follows:

(725 ILCS 5/Art. 124C heading new)

ARTICLE 124C. SMART ENFORCEMENT LAW

(725 ILCS 5/124C-1 new)

Sec. 124C-1. Short title. This Article may be cited as the Smart Enforcement Law.

(725 ILCS 5/124C-5 new)

Sec. 124C-5. Preamble and findings.

(a) The State of Illinois is committed to upholding our criminal laws and in imposing appropriate penalties for those convicted of criminal offenses. In the case of noncitizens of the United States, the consequences of criminal convictions may include removal from the United States by U.S. Immigration and Customs Enforcement (ICE).

(b) In 2007, in enacting Public Law 110-161, 121 Stat. 1844, 2365, Congress provided initial appropriations to "improve and modernize efforts to identify aliens convicted of a crime, sentenced to imprisonment, and who may be deportable, and remove them from the United States once they are judged deportable". ICE has used this funding to create the "Secure Communities" program, through which ICE receives and reviews fingerprints that local police take for criminal suspects upon booking.

(c) Illinois participates in the "Secure Communities" pursuant to a Memorandum of Agreement entered into by ICE and the Illinois State Police on November 2, 2009. ICE is implementing the program in counties throughout Illinois and intends to cover the entire nation by 2013.

(d) Contrary to the goal, stated by Congress and affirmed by ICE, of identifying and removing noncitizens convicted of crimes, "Secure Communities" has largely been identifying individuals with no criminal convictions for ICE arrest and removal. Through February 2011, 46.5% of individuals arrested by ICE under "Secure Communities" had no convictions.

(e) "Secure Communities" imposes additional costs upon county jails and other local law enforcement by requiring that the jails hold individuals who may otherwise be released. The costs of these holds are borne by local taxpayers.

(f) By subjecting individuals with no criminal convictions to removal, "Secure Communities" disrupts families and communities, encourages racial and ethnic profiling, burdens taxpayers, and poses harm to our State as a whole.

(g) Because the "Secure Communities" program is straying so far from its stated goals, at significant cost to families and communities, the State must monitor and review the impact of this program to determine whether it is indeed benefiting the people of Illinois.

(h) ICE itself has been unclear and uncertain as to whether counties and local jurisdictions can choose not to participate in "Secure Communities", even if they believe that the program would harm their communities. The State should accordingly enable counties and local jurisdictions to refuse to participate should they choose to do so.

(725 ILCS 5/124C-10 new)

Sec. 124C-10. Participation in the U.S. Immigration and Customs Enforcement "Secure Communities" Program.

(a) This Section pertains to the U.S. Immigration and Customs Enforcement (ICE) "Secure Communities" Program, in which Illinois participates pursuant to a "Memorandum of Agreement Between U.S. Department of Homeland Security Immigration and Customs Enforcement and Illinois State Police" entered into on November 2, 2010.

(b) 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.

(c)(1) Any county participating in the "Secure Communities" program shall submit to the Illinois State Police, on the first day of each month, the following information:

(A) the number of detainers issued to the county's jail 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;

(B) with respect to each of the individuals subject to such detainers:

(i) the charge or charges for which he or she was arrested;

(ii) whether the arrest occurred after a traffic stop, after a Terry stop, pursuant to an arrest warrant, or under other circumstances relating to warrantless arrests;

(iii) the charge or charges if any for which he or she was arraigned and prosecuted;

(iv) the disposition of his or her criminal charge or charges described in clause (iii) of this paragraph (1), and the date of this disposition;

(v) whether bond was posted for the individual, and if so, the date on which bond was posted;

(vi) the length of time (in days) he or she was held in the jail's custody;

(vii) whether ICE took him or her into custody, and if so, the date on which ICE took custody;

(viii) the cost incurred by the county for holding each individual subject to the ICE detainer beyond the date on which bond was posted or he or she otherwise became subject to release, and whether the county requested reimbursement for any federal agency to cover expenses arising from the ICE detainers;

(ix) his or her national origin, if voluntarily reported by the individual, provided that nothing in this reporting requirement shall be construed to require that the county determine or inquire into the national origin of any such individual, or to authorize any law enforcement agencies to compel such individual to provide this information;

(x) whether the detainer arose pursuant to the "Secure Communities" program, the ICE Criminal Alien Program, an "immigrant alien query" requested by the arresting law enforcement agency, or other means.

Reporting as required by this subsection (c) shall begin on the first day of the first month following the effective date of this Article. In addition to this monthly reporting requirement, each county shall also report to the Illinois State Police, no later than 60 days after the effective date of this amendatory Act of the 97th General Assembly, the information described in this subsection (c) for the period starting on the date when the county began its participation in "Secure Communities" and ending on the effective date of this Article. The Illinois State Police shall maintain the information reported under this subsection (c) for no less than 7 years after the date on which these data are submitted.

(2) Based on the data reported under paragraph (1) of this subsection (c), such other data as may be available from ICE, input from local immigrant communities, and other relevant information, the Illinois State Police shall conduct annual evaluations of:

(A) 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

(B) the costs of such programs to the State and to local law enforcement agencies.

The first period for which the Illinois State Police shall conduct an evaluation shall be the period starting November 2, 2009, and ending on the one-year anniversary of the effective date of this Article. The Illinois State Police shall issue a report of its evaluation within 60 days of the end of this period. The Illinois State Police shall conduct subsequent evaluations for each one-year period beginning on the end date of the immediate prior evaluation period and ending on the next anniversary of the effective date of this Article, and issue a report of its evaluation within 60 days of the end of the evaluation period.

(725 ILCS 5/124C-15 new)

Sec. 124C-15. Prohibition on use of State funds. 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.

Section 99. Effective date. This Act takes effect upon becoming law.".