Full Text of HB5308 100th General Assembly
HB5308sam003 100TH GENERAL ASSEMBLY | Sen. Patricia Van Pelt Filed: 5/25/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5308
| 2 | | AMENDMENT NO. ______. Amend House Bill 5308, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. This Act may be referred to as the SAFE Zone | 6 | | Law. | 7 | | Section 5. Legislative findings. | 8 | | (a) The General Assembly finds that some communities of | 9 | | this State are ravaged by violence and that a substantial and | 10 | | disproportionate amount of serious crimes are committed by | 11 | | persons who unlawfully possess firearms. In many of these | 12 | | communities, there is high unemployment and poverty fueled by | 13 | | incarceration and other barriers to employment after release. | 14 | | Aggressive and tailored approaches to address these outcomes | 15 | | are required. | 16 | | (b) The General Assembly finds that violence should be |
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| 1 | | viewed as a public health crisis that requires identifying and | 2 | | building on community assets leading to investment in job | 3 | | creation, housing, employment training, child care, healthcare | 4 | | and other services. | 5 | | (c) To carry out this intent, the General Assembly declares | 6 | | the following purposes of this Law: | 7 | | (1) to protect communities from gun violence through | 8 | | targeted intervention programs, including economic growth | 9 | | and improving family violence prevention, community trauma | 10 | | treatment rates, gun injury victim services, and public | 11 | | health prevention activities; | 12 | | (2) to substantially reduce both the total amount of | 13 | | gun violence and concentrated poverty in this State; | 14 | | (3) to intervene with persons who violate gun | 15 | | possession laws in a risk-responsive manner that decreases | 16 | | the likelihood of any future violent incidents and equips | 17 | | those who have previously violated gun laws to live | 18 | | responsibly and safely; and | 19 | | (4) to promote employment infrastructure in community | 20 | | areas with the highest concentrations of gun violence and | 21 | | unemployment due to incarceration and resulting criminal | 22 | | records. | 23 | | (d) The ability of children, teenagers, and young adults to | 24 | | participate freely in education, employment, and civic life | 25 | | without any exposure to illegal weapons or gun violence, | 26 | | facilitating their safe and economically stable future |
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| 1 | | prospects, shall be the central purpose of any initiatives | 2 | | included in this Law. | 3 | | Section 15. The Illinois Criminal Justice Information Act | 4 | | is amended by adding Sections 7.3, 7.3-2, and 7.3-5 as follows: | 5 | | (20 ILCS 3930/7.3 new) | 6 | | Sec. 7.3. Safe and full employment zones. Within 60 days | 7 | | after the effective date of this amendatory Act of the 100th | 8 | | General Assembly, the Authority shall identify those | 9 | | geographic areas eligible to be designated by the Safe and Full | 10 | | Employment Coordinating Board as a Safe and Full Employment | 11 | | Zone ("SAFE Zone"), as outlined in subsection (c) of Section | 12 | | 7.3-2 of this Act. | 13 | | (a) Qualifications for a SAFE Zone are as follows: | 14 | | (1) An area of extremely high gun violence and economic | 15 | | destabilization shall be qualified to become a SAFE Zone | 16 | | where, based on analysis of concentrated geographic areas, | 17 | | by census tract if possible, that area: | 18 | | (A) contains high gunshot hospitalization and | 19 | | mortality per capita; and | 20 | | (B) contains a high rate of returning citizens | 21 | | following incarceration at the Department of | 22 | | Corrections. | 23 | | The Authority shall send to the Legislative Audit Commission | 24 | | and make publicly available its analysis and development of the |
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| 1 | | SAFE Zones and shall reevaluate and re-designate SAFE Zones | 2 | | every 4 years. | 3 | | (b) Prioritization of spending in SAFE Zones shall be as | 4 | | follows: | 5 | | (1) In the first full fiscal year after the effective | 6 | | date of this amendatory Act of the 100th General Assembly, | 7 | | the Department of Human Services, Department of Public | 8 | | Health, Department of Juvenile Justice, Illinois Criminal | 9 | | Justice Information Authority, Department of Commerce and | 10 | | Economic Opportunity, Department of Healthcare and Family | 11 | | Services, to the extent permitted by federal law, and other | 12 | | relevant State agencies as designated by the Governor and | 13 | | the Safe and Full Employment Coordinating Board as defined | 14 | | in Section 7.3-2 of this Act shall give first priority, | 15 | | within the agency granting authority, to programs | 16 | | providing services that are effective in violence | 17 | | reduction and trauma recovery for SAFE Zones. Federal, | 18 | | State, and local spending on job creation, housing, | 19 | | employment training, child care, healthcare and services | 20 | | to combat community disinvestment that breeds violence | 21 | | shall be prioritized in SAFE Zones. The Governor shall | 22 | | include and outline SAFE Zone spending in his or her annual | 23 | | State budget submitted under Section 50-5 of the State | 24 | | Budget Law. | 25 | | (2) For the first 2 fiscal years after the effective | 26 | | date of this amendatory Act of the 100th General Assembly, |
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| 1 | | the goal for funding is no less than 5% if otherwise | 2 | | permitted under federal law. Beginning the third fiscal | 3 | | year after the effective date of this amendatory Act of the | 4 | | 100th General Assembly, and every fiscal year thereafter, | 5 | | the prioritization to SAFE Zones shall be no less than 5% | 6 | | if otherwise permitted under federal law. The | 7 | | prioritization to SAFE Zones shall in no case be more than | 8 | | 20% of current programmatic funding if otherwise permitted | 9 | | under federal law. | 10 | | (c) The Authority may adopt rules to implement the SAFE | 11 | | Zone provisions under this Act. | 12 | | (20 ILCS 3930/7.3-2 new) | 13 | | Sec. 7.3-2. Safe and Full Employment Coordinating Board. | 14 | | (a) In this Section, "public health approach" means | 15 | | addressing violence and violence prevention by treating the | 16 | | individual and community symptoms and causes of violence | 17 | | through rigorously researched methods. Treatment shall include | 18 | | multi-tiered and interdisciplinary approaches involving | 19 | | stakeholders from diverse sectors, including the people | 20 | | impacted by violence, public agencies, and community-based | 21 | | organizations. | 22 | | (a-5) There is created a Safe and Full Employment | 23 | | Coordinating Board. The Board shall be composed of the | 24 | | following members: | 25 | | (1) the Governor, or his or her designee, who shall |
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| 1 | | serve as chair; | 2 | | (2) the Director of Corrections, or his or her | 3 | | designee; | 4 | | (3) the Director of Revenue, or his or her designee; | 5 | | (4) the Director of Juvenile Justice, or his or her | 6 | | designee; | 7 | | (5) the Director of Healthcare and Family Services, or | 8 | | his or her designee; | 9 | | (6) the Secretary of Human Services, or his or her | 10 | | designee; | 11 | | (7) the Director of Public Health, or his or her | 12 | | designee; | 13 | | (8) the Director of Commerce and Economic Opportunity, | 14 | | or his or her designee; | 15 | | (9) the Director of Employment Security, or his or her | 16 | | designee; | 17 | | (10) the Director of State Police, or his or her | 18 | | designee; | 19 | | (11) the Director of the Governor's Office of | 20 | | Management and Budget, or his or her designee; | 21 | | (12) the Director of the Illinois Criminal Justice | 22 | | Information Authority, or his or her designee; | 23 | | (13) the Attorney General, or his or her designee; | 24 | | (14) a member of the Senate, designated by the | 25 | | President of the Senate; | 26 | | (15) a member of the House of Representatives, |
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| 1 | | designated by the Speaker of the House of Representatives; | 2 | | (16) a member of the Senate, designated by the Minority | 3 | | Leader of the Senate; and | 4 | | (17) a member of the House of Representatives, | 5 | | designated by the Minority Leader of the House of | 6 | | Representatives. | 7 | | (b) Within 30 days after SAFE Zones have been designated, | 8 | | the following shall be added as members of the Board: | 9 | | (1) the highest elected public officials of all | 10 | | counties and municipal geographic jurisdictions in the | 11 | | State which include a SAFE Zone; | 12 | | (2) 6 providers from 6 geographically distinct areas of | 13 | | the State, who receive funds to deliver services to treat | 14 | | violence including, but not limited to, services such as | 15 | | job placement and training, educational services, and | 16 | | workforce development programming, appointed by the | 17 | | Secretary of Human Services, in coordination with the | 18 | | Illinois Criminal Justice Information Authority; and | 19 | | (3) 2 persons who, within 24 months prior to being | 20 | | designated, have received services from the providers | 21 | | designated in paragraph (2) of this subsection (b), as | 22 | | designated by those service providers. | 23 | | (c) The Board shall meet quarterly and be staffed by the | 24 | | Governor's Office of Management and Budget. Within 4 months | 25 | | after the effective date of this amendatory Act of the 100th | 26 | | General Assembly, the Board shall develop and implement a plan |
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| 1 | | for designating SAFE Zones under Section 7.3 of this Act and | 2 | | the selection process for Local Economic Growth Councils under | 3 | | Section 7.3-5 of this Act. Within 4 months from the date the | 4 | | last Council plan is submitted and approved, the Board shall | 5 | | issue a statewide plan to implement the re-prioritization of | 6 | | funding under subsection (b) of Section 7.3 of this Act. The | 7 | | plan shall follow a public health approach. | 8 | | (d) The Board shall deliver an annual report to the General | 9 | | Assembly and to the Governor and be posted on Governor's Office | 10 | | and General Assembly's websites and provide to the public an | 11 | | annual report on its progress. The report to the General | 12 | | Assembly shall be filed with the Clerk of the House of | 13 | | Representatives and the Secretary of the Senate in electronic | 14 | | form only, in the manner that the Clerk and the Secretary shall | 15 | | direct. | 16 | | (e) The Board shall monitor and collect data on | 17 | | intermediate and long-term positive outcome measures for its | 18 | | statewide plan and include that information in the annual | 19 | | report to the General Assembly, Governor, and the public | 20 | | beginning on December 31, 2019. | 21 | | (f) There shall be a formal evaluation of the SAFE Zone Act | 22 | | implementation and outcomes every 4 years conducted by a public | 23 | | university selected by the Safe and Full Employment | 24 | | Coordinating Board. The evaluation shall reflect the outcomes | 25 | | incorporated and measured in each Council plan and also | 26 | | statewide positive outcomes to be measured for at least 4 |
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| 1 | | years. The report shall be sent to the Governor and the General | 2 | | Assembly and be posted on each website. | 3 | | (g) The Board is subject to the Freedom of Information Act | 4 | | and the Open Meetings Act. | 5 | | (20 ILCS 3930/7.3-5 new) | 6 | | Sec. 7.3-5. SAFE Zone Local Economic Growth Councils. | 7 | | (a) The design of programs and budget requirements in SAFE | 8 | | Zones shall be developed by Local Economic Growth Councils. | 9 | | Each Local Economic Growth Council shall be supported by | 10 | | technical assistance provided by the State agencies mandated to | 11 | | provide services under Sections 7.3 and 7.3-2 of this Act and | 12 | | by the Governor's Office of Management and Budget. | 13 | | (b) The process for the selection of members of the Local | 14 | | Economic Growth Councils shall be designed by the SAFE | 15 | | Coordinating Board, to permit maximum community participation | 16 | | and to result in Councils comprised of residents of the | 17 | | community who reflect the assets and strengths of the SAFE | 18 | | Zone. | 19 | | (c) Each Local Economic Growth Council shall be established | 20 | | within 4 months of the effective date of this amendatory Act of | 21 | | the 100th General Assembly and be composed of a minimum of 20 | 22 | | members and no more than 25 members as representatives who live | 23 | | within the SAFE Zone. | 24 | | (d) Within 6 months after being established, each Local | 25 | | Economic Growth Council shall establish a 2-year plan and |
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| 1 | | budget to address violence, reduce inappropriate | 2 | | incarceration, and expand economic opportunity within the SAFE | 3 | | Zone. The plan shall follow a public health approach and shall | 4 | | include positive outcome measures for persons benefiting from | 5 | | SAFE Zone investments, community asset outcomes, and include | 6 | | ways to track those outcomes over at least 4 years. That plan | 7 | | shall be reviewed and approved, or amended after agreement | 8 | | between the Local Economic Growth Council and the Safe and Full | 9 | | Employment Coordinating Board. | 10 | | (e) Each Local Economic Growth Council is subject to the | 11 | | Freedom of Information Act and the Open Meetings Act. | 12 | | Section 20. The Unified Code of Corrections is amended by | 13 | | changing Section 5-6-3.6 as follows: | 14 | | (730 ILCS 5/5-6-3.6) | 15 | | (Section scheduled to be repealed on January 1, 2023) | 16 | | Sec. 5-6-3.6. First Time Weapon Offender Program. | 17 | | (a) The General Assembly has sought to promote public | 18 | | safety, reduce recidivism, and conserve valuable resources of | 19 | | the criminal justice system through the creation of diversion | 20 | | programs for non-violent offenders. This amendatory Act of the | 21 | | 100th General Assembly establishes a pilot program for | 22 | | first-time, non-violent offenders charged with certain weapons | 23 | | offenses. The General Assembly recognizes some persons, | 24 | | particularly young adults in areas of high crime or poverty, |
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| 1 | | may have experienced trauma that contributes to poor decision | 2 | | making skills, and the creation of a diversionary program poses | 3 | | a greater benefit to the community and the person than | 4 | | incarceration. Under this program, a court, with the consent of | 5 | | the defendant and the State's Attorney, may sentence a | 6 | | defendant charged with an unlawful use of weapons offense under | 7 | | Section 24-1 of the Criminal Code of 2012 or aggravated | 8 | | unlawful use of a weapon offense under Section 24-1.6 of the | 9 | | Criminal Code of 2012, if punishable as a Class 4 felony or | 10 | | lower, to a First Time Weapon Offender Program. | 11 | | (b) A defendant is not eligible for this Program if: | 12 | | (1) the offense was committed during the commission of | 13 | | a violent offense as defined in subsection (h) of this | 14 | | Section; | 15 | | (2) he or she has previously been convicted or placed | 16 | | on probation or conditional discharge for any violent | 17 | | offense under the laws of this State, the laws of any other | 18 | | state, or the laws of the United States; | 19 | | (3) he or she had a prior successful completion of the | 20 | | First Time Weapon Offender Program under this Section; | 21 | | (4) he or she has previously been adjudicated a | 22 | | delinquent minor for the commission of a violent offense; | 23 | | (5) he or she is 21 years of age or older; or | 24 | | (6) he or she has an existing order of protection | 25 | | issued against him or her. | 26 | | (b-5) In considering whether a defendant shall be sentenced |
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| 1 | | to the First Time Weapon Offender Program, the court shall | 2 | | consider the following: | 3 | | (1) the age, immaturity, or limited mental capacity of | 4 | | the defendant; | 5 | | (2) the nature and circumstances of the offense; | 6 | | (3) whether participation in the Program is in the | 7 | | interest of the defendant's rehabilitation, including any | 8 | | employment or involvement in community, educational, | 9 | | training, or vocational programs; | 10 | | (4) whether the defendant suffers from trauma, as | 11 | | supported by documentation or evaluation by a licensed | 12 | | professional; and | 13 | | (5) the potential risk to public safety. | 14 | | (c) For an offense committed on or after the effective date | 15 | | of this amendatory Act of the 100th General Assembly and before | 16 | | January 1, 2023, whenever an eligible person pleads guilty to | 17 | | an unlawful use of weapons offense under Section 24-1 of the | 18 | | Criminal Code of 2012 or aggravated unlawful use of a weapon | 19 | | offense under Section 24-1.6 of the Criminal Code of 2012, | 20 | | which is punishable as a Class 4 felony or lower, the court, | 21 | | with the consent of the defendant and the State's Attorney, | 22 | | may, without entering a judgment, sentence the defendant to | 23 | | complete the First Time Weapon Offender Program. When a | 24 | | defendant is placed in the Program, the court shall defer | 25 | | further proceedings in the case until the conclusion of the | 26 | | period or until the filing of a petition alleging violation of |
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| 1 | | a term or condition of the Program. Upon violation of a term or | 2 | | condition of the Program, the court may enter a judgment on its | 3 | | original finding of guilt and proceed as otherwise provided by | 4 | | law. Upon fulfillment of the terms and conditions of the | 5 | | Program, the court shall discharge the person and dismiss the | 6 | | proceedings against the person. | 7 | | (d) The Program shall be at least 18 months and not to | 8 | | exceed 24 months, as determined by the court at the | 9 | | recommendation of the program administrator and the State's | 10 | | Attorney. | 11 | | (e) The conditions of the Program shall be that the | 12 | | defendant: | 13 | | (1) not violate any criminal statute of this State or | 14 | | any other jurisdiction; | 15 | | (2) refrain from possessing a firearm or other | 16 | | dangerous weapon; | 17 | | (3) obtain or attempt to obtain employment; | 18 | | (4) attend educational courses designed to prepare the | 19 | | defendant for obtaining a high school diploma or to work | 20 | | toward passing high school equivalency testing or to work | 21 | | toward completing a vocational training program; | 22 | | (5) refrain from having in his or her body the presence | 23 | | of any illicit drug prohibited by the Methamphetamine | 24 | | Control and Community Protection Act, the Cannabis Control | 25 | | Act, or the Illinois Controlled Substances Act, unless | 26 | | prescribed by a physician, and submit samples of his or her |
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| 1 | | blood or urine or both for tests to determine the presence | 2 | | of any illicit drug; | 3 | | (6) perform a minimum of 50 hours of community service; | 4 | | (7) attend and participate in any Program activities | 5 | | deemed required by the Program administrator, including | 6 | | but not limited to: counseling sessions, in-person and over | 7 | | the phone check-ins, and educational classes; and | 8 | | (8) pay all fines, assessments, fees, and costs. | 9 | | (f) The Program may, in addition to other conditions, | 10 | | require that the defendant: | 11 | | (1) wear an ankle bracelet with GPS tracking; | 12 | | (2) undergo medical or psychiatric treatment, or | 13 | | treatment or rehabilitation approved by the Department of | 14 | | Human Services; and | 15 | | (3) attend or reside in a facility established for the | 16 | | instruction or residence of defendants on probation. | 17 | | (g) There may be only one discharge and dismissal under | 18 | | this Section. If a person is convicted of any offense which | 19 | | occurred within 5 years subsequent to a discharge and dismissal | 20 | | under this Section, the discharge and dismissal under this | 21 | | Section shall be admissible in the sentencing proceeding for | 22 | | that conviction as evidence in aggravation. | 23 | | (g-5) The Program shall be implemented by the Safe and Full | 24 | | Employment Coordinating Board established under Section 7.3-2 | 25 | | of the Illinois Criminal Justice Information Act. | 26 | | (h) For purposes of this Section, "violent offense" means |
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| 1 | | any offense in which bodily harm was inflicted or force was | 2 | | used against any person or threatened against any person; any | 3 | | offense involving the possession of a firearm or dangerous | 4 | | weapon; any offense involving sexual conduct, sexual | 5 | | penetration, or sexual exploitation; violation of an order of | 6 | | protection, stalking, hate crime, domestic battery, or any | 7 | | offense of domestic violence. | 8 | | (i) This Section is repealed on January 1, 2023.
| 9 | | (Source: P.A. 100-3, eff. 1-1-18 .) | 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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