Full Text of HB6045 99th General Assembly
HB6045ham001 99TH GENERAL ASSEMBLY | Rep. William Davis Filed: 3/31/2016
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| 1 | | AMENDMENT TO HOUSE BILL 6045
| 2 | | AMENDMENT NO. ______. Amend House Bill 6045 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Fugitive Apprehension and Public Safety Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Fugitive enforcement agent" means a person engaged in the | 8 | | business of fugitive bail enforcement, bail bonds, or fugitive | 9 | | recovery, including persons engaged in the bail enforcement | 10 | | business whose principal place of business is in another state. | 11 | | "Qualified license" means a license for a bail bond | 12 | | enforcement agent, bail bondsman, fugitive enforcement agent, | 13 | | or surety bondsman issued under the law of another state by a | 14 | | state agency that requires proof of the following upon | 15 | | application for issuance of the license and renewal of the | 16 | | license: |
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| 1 | | (1) the licensee is 21 years of age or older; | 2 | | (2) the licensee is not a peace officer; | 3 | | (3) the licensee has not been convicted of a felony, a | 4 | | crime of violence, fraud, or an offense under the Illinois | 5 | | Controlled Substances Act, the Cannabis Control Act, the | 6 | | Methamphetamine Control and Community Protection Act, or a | 7 | | similar offense in another jurisdiction; | 8 | | (4) the licensee is not addicted to narcotics; | 9 | | (5) the licensee has completed at least 250 hours of | 10 | | training in fugitive enforcement, including at least 20 | 11 | | hours of firearms training for bail enforcement agents, | 12 | | training in tactical entry, first aid, use of an automatic | 13 | | electronic defibrillator and other courses in accordance | 14 | | with the U.S. Fugitive Enforcement Bureau Bail Enforcement | 15 | | Training Phases and the U.S. Fugitive Enforcement Bureau | 16 | | Bail Enforcement Policies and Procedures Manual; and | 17 | | (6) the licensee has not been convicted of unlawful use | 18 | | of a weapon. | 19 | | Section 10. Registration of qualified fugitive enforcement | 20 | | license. | 21 | | (a) A fugitive enforcement agent who enters this State to | 22 | | seize and transport a person found in this State who has | 23 | | violated the conditions of bail bond posted in another state, | 24 | | shall not take or attempt to take the person into custody | 25 | | without first notifying the chief law enforcement officer, |
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| 1 | | designated watch commander, or supervisor of the unit of local | 2 | | government where the person is believed to be present. | 3 | | (b) A fugitive enforcement agent shall present proof of the | 4 | | following to the chief law enforcement officer, designated | 5 | | watch commander, or supervisor of the unit of local government: | 6 | | (1) a qualified license to operate a bail enforcement | 7 | | agency or identification from an entity authorized by a | 8 | | State agency as a bail enforcement agency or bail bond | 9 | | agency; | 10 | | (2) the bail bond, order from the State's Attorney, | 11 | | court order, or other documents relating to the authority | 12 | | of the bail bondsman under the laws of the state of origin | 13 | | or federal law to pursue the person; and | 14 | | (3) a valid concealed carry license under the Firearm | 15 | | Concealed Carry Act, or proof of authorization by law to | 16 | | carry a concealed weapon. | 17 | | (c) Upon notification by any fugitive enforcement agent the | 18 | | chief law enforcement officer, designated watch commander, or | 19 | | supervisor must notify the Department of State Police with | 20 | | information regarding the agent and information of the person | 21 | | the agent seeks to take into custody, in a form prescribed by | 22 | | the Department of State Police. | 23 | | Section 15. Registration of bail enforcement agents. The | 24 | | Department of State Police shall adopt rules regulating the | 25 | | registration of fugitive enforcement agents. Nothing in this |
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| 1 | | Act shall be construed to prohibit or hinder the return of any | 2 | | person to another state under the Uniform Criminal Extradition | 3 | | Act. | 4 | | Section 80. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 103-9 as follows:
| 6 | | (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
| 7 | | Sec. 103-9. Bail bondsmen. No bail bondsman from any state | 8 | | may seize
or transport unwillingly any person found in this | 9 | | State who is allegedly in
violation of a bail bond posted in | 10 | | some other state , unless the bail bondsman is a fugitive | 11 | | enforcement agent and holds a qualified license that is | 12 | | approved in this State . The return of any
such person to | 13 | | another state may be accomplished only as provided by the
laws | 14 | | of this State. Any bail bondsman who violates this Section is | 15 | | fully
subject to the criminal and civil penalties provided by | 16 | | the laws of this
State for his actions.
| 17 | | As used in this Section, "qualified license" has the | 18 | | meaning ascribed to it in Section 5 of the Fugitive | 19 | | Apprehension and Public Safety Act. | 20 | | (Source: P.A. 84-694.)
| 21 | | Section 85. The Fugitive Apprehension Reward Act is amended | 22 | | by changing Sections 12 and 13 as follows:
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| 1 | | (725 ILCS 170/12) (from Ch. 60, par. 12)
| 2 | | Sec. 12.
In this Act, "fugitive enforcement agent" has the | 3 | | same meaning ascribed to it in Section 5 of the Fugitive | 4 | | Apprehension and Public Safety Act. If any person charged with, | 5 | | or convicted of treason, first degree
murder,
criminal sexual | 6 | | assault, predatory criminal sexual assault of a child,
| 7 | | aggravated criminal sexual assault,
robbery, burglary, arson, | 8 | | theft, forgery, counterfeiting or kidnapping, or subject to any | 9 | | active warrant
shall break prison, escape or flee from justice | 10 | | or abscond or secrete
himself in such cases it shall be lawful | 11 | | for the Governor, if he shall
judge it necessary, to offer any | 12 | | reward not exceeding $6,000, but at minimum $4,000 $1,000 , for | 13 | | a fugitive enforcement agent
apprehending and delivering such | 14 | | person into the custody of such sheriff or
other officer as he | 15 | | may direct. The fugitive enforcement agent person so | 16 | | apprehending or delivering
any such persons as aforesaid and | 17 | | producing to the Governor the receipt of
the sheriff or other | 18 | | proper officer, for the body, it shall be lawful for
the | 19 | | Governor to certify the amount of such claim to the State | 20 | | Comptroller,
who shall issue his warrant on the treasurer for | 21 | | the same.
| 22 | | (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
| 23 | | (725 ILCS 170/13) (from Ch. 60, par. 13)
| 24 | | Sec. 13.
It shall be lawful for the county board of any | 25 | | county, by an order
to be entered upon its records, to fix upon |
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| 1 | | a sum not exceeding $6,000, but at minimum $4,000, $1,000 as a
| 2 | | reward to be paid to any fugitive enforcement agent person who | 3 | | shall hereafter pursue and apprehend, within or
beyond the | 4 | | limits of the county where the offense shall have been
| 5 | | committed, any person guilty of any felony or other high crime, | 6 | | which
reward shall be paid by the county where the offense was | 7 | | committed, on the
conviction of the criminal: Provided, | 8 | | nevertheless, that said reward shall
not disqualify the person | 9 | | entitled thereto from being a witness.
| 10 | | (Source: R.S. 1874, p. 543.)".
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