Full Text of HB1437 99th General Assembly
HB1437ham002 99TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 2/26/2016
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| 1 | | AMENDMENT TO HOUSE BILL 1437
| 2 | | AMENDMENT NO. ______. Amend House Bill 1437 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Criminal Diversion Racial Impact Data Collection Act. | 6 | | Section 5. Legislative intent. Racial and ethnic disparity | 7 | | in the criminal justice system, or the over-representation of | 8 | | certain minority groups compared to their representation in the | 9 | | general population, has been well documented, along with the | 10 | | harmful effects of such disproportionality. There is no single | 11 | | cause of the racial and ethnic disparity evident at every stage | 12 | | of the criminal justice system; suggested causes have included | 13 | | differing patterns of criminal activity, law enforcement | 14 | | activity, and discretionary decisions of criminal justice | 15 | | practitioners, along with effects of legislative policies. In | 16 | | order to make progress in reducing this harmful phenomenon, |
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| 1 | | information on the racial composition of offenders at each | 2 | | stage of the criminal justice system must be systematically | 3 | | gathered and analyzed to lay the foundation for determining the | 4 | | impact of proposed remedies. Gaps of information at any stage | 5 | | will hamper valid analysis at subsequent stages. At the | 6 | | earliest stages of the criminal justice system, systematic | 7 | | statewide information on arrested persons, including race and | 8 | | ethnicity, is collected in the State Police Criminal History | 9 | | Record Information System. However, under the Criminal | 10 | | Identification Act, systematic statewide information on the | 11 | | racial and ethnic composition of adults diverted from arrest by | 12 | | law enforcement and diverted from prosecution by each county's | 13 | | State's Attorney's office is not available. Therefore, it is | 14 | | the intent of this legislation to provide a mechanism by which | 15 | | statewide data on the race and ethnicity of offenders diverted | 16 | | from the criminal justice system before the filing of a court | 17 | | case can be provided by the criminal justice entity involved | 18 | | for future racial disparity impact analyses of the criminal | 19 | | justice system. | 20 | | Section 10. Definitions. As used in this Act: | 21 | | "Arrested but released without being charged" means the | 22 | | taking into custody of a person by a law enforcement agency and | 23 | | his or her subsequent release without a formal charge filed. | 24 | | "Authority" means the Illinois Criminal Justice | 25 | | Information Authority. |
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| 1 | | "Diversion from prosecution" means the placement of the | 2 | | defendant into any specialized program by the State's | 3 | | Attorney's office, after which formal charges are dismissed, | 4 | | subject to successful completion of the program. | 5 | | "Law enforcement agency" means any agency of this State or | 6 | | a political subdivision of this State that is vested by law | 7 | | with the duty to maintain public order and to enforce criminal | 8 | | laws. | 9 | | "Racial and ethnic information" means categories of | 10 | | socially significant groupings by which individuals identify | 11 | | themselves, based on physical characteristics and cultural | 12 | | heritage, as categorized under subsection (b) of Section 4.5 of | 13 | | the Criminal Identification Act. | 14 | | Section 15. Reporting; publication. | 15 | | (a) Under the reporting guidelines for law enforcement | 16 | | agencies in Sections 2.1, 4.5, and 5 of the Criminal | 17 | | Identification Act, the Authority shall determine and report | 18 | | the number of persons arrested and released without being | 19 | | charged, and report the racial and ethnic composition of those | 20 | | persons.
| 21 | | (b) Under the reporting guidelines for State's Attorneys in | 22 | | Sections 2.1, 4.5, and 5 of the Criminal Identification Act, | 23 | | the Authority shall determine and report the number of persons | 24 | | for which formal charges were dismissed, and the race and | 25 | | ethnicity of those persons.
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| 1 | | (c) Under the reporting guidelines for circuit court clerks | 2 | | in Sections 2.1, 4.5, and 5 of the Criminal Identification Act, | 3 | | the Authority shall determine and report the number of persons | 4 | | admitted to a diversion from prosecution program, and the | 5 | | racial and ethnic composition of those persons, separated by | 6 | | each type of diversion program. | 7 | | (d) The Authority shall publish the information received | 8 | | and an assessment of the quality of the information received, | 9 | | aggregated to the county level in the case of law enforcement | 10 | | reports, on its publicly available website for the previous | 11 | | calendar year, as affirmed by each reporting agency at the time | 12 | | of its report submission.
| 13 | | (e) The Authority, Department of State Police, | 14 | | Administrative Office of Illinois Courts, and Illinois State's | 15 | | Attorneys Association may collaborate on any necessary | 16 | | training concerning the provisions of this Act. | 17 | | Section 20. Repeal. This Act is repealed on December 31, | 18 | | 2020.
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2017.".
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