Full Text of SB0667 102nd General Assembly
SB0667sam001 102ND GENERAL ASSEMBLY | Sen. Omar Aquino Filed: 4/22/2021
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| 1 | | AMENDMENT TO SENATE BILL 667
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 667 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Way Forward Act. | 6 | | Section 5. The Illinois TRUST Act is amended by changing | 7 | | Sections 5, 10, and 15 and by adding Sections 25 and 30 as | 8 | | follows: | 9 | | (5 ILCS 805/5)
| 10 | | Sec. 5. Legislative purpose. Recognizing that State law | 11 | | does not currently grant State or local law enforcement the | 12 | | authority to enforce federal civil immigration laws, it is the | 13 | | intent of the General Assembly that nothing in this Act shall | 14 | | be construed to authorize any law enforcement agency or law | 15 | | enforcement official to enforce federal civil immigration law. |
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| 1 | | This Act shall not be construed to prohibit or restrict any | 2 | | entity from sending to, or receiving from, the United States | 3 | | Department of Homeland Security or other federal, State, or | 4 | | local government entity information regarding the citizenship | 5 | | or immigration status of any individual under Sections 1373 | 6 | | and 1644 of Title 8 of the United States Code. Further, nothing | 7 | | in this Act shall prevent a law enforcement officer from | 8 | | contacting another law enforcement agency for the purposes of | 9 | | clarifying or confirming the nature and status of possible | 10 | | offenses in a record provided by the National Crime | 11 | | Information Center, or detaining someone based on a | 12 | | notification in the Law Enforcement Agencies Data | 13 | | Administrative System unless it is a clear that request is | 14 | | based on a civil non-judicial immigration warrant or | 15 | | immigration detainer .
| 16 | | (Source: P.A. 100-463, eff. 8-28-17.) | 17 | | (5 ILCS 805/10)
| 18 | | Sec. 10. Definitions. In this Act: | 19 | | "Citizenship or immigration status" means all matters | 20 | | regarding questions of citizenship of the United States or any | 21 | | other country or the authority to reside in or otherwise be | 22 | | present in the United States. | 23 | | "Civil immigration warrant" means an immigration warrant | 24 | | of arrest, order to detain or release aliens, notice of | 25 | | custody determination, notice to appear, removal order, |
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| 1 | | warrant of removal, or any other document, that can form the | 2 | | basis for an individual's arrest or detention for a civil | 3 | | immigration enforcement purpose. A civil immigration warrant | 4 | | includes but is not limited to Form I-200 (Warrant for Arrest | 5 | | of Alien), Form I-203 (Order to Detain or Release Alien), Form | 6 | | I-205 (Warrant of Removal/Deportation), any predecessor or | 7 | | successor form, and all warrants, hits, or requests contained | 8 | | in the Immigration Violator File of the Federal Bureau of | 9 | | Investigation's National Crime Information Center (NCIC) | 10 | | database. This definition does not include any criminal | 11 | | warrant issued upon a judicial determination of probable cause | 12 | | and in compliance with the requirements of the Fourth | 13 | | Amendment to the United States Constitution and Section 6 of | 14 | | Article I of the Illinois Constitution. | 15 | | "Contact information" means home address, work address, | 16 | | telephone number, electronic mail address, social media | 17 | | information, or any other personal identifying information | 18 | | that could be used as a means to contact an individual. | 19 | | "Immigration agent" means an agent of federal Immigration | 20 | | and Customs Enforcement, federal Customs and Border | 21 | | Protection, or any successor, or any other agent enforcing | 22 | | civil immigration laws. | 23 | | "Immigration detainer" means a request to a state or local | 24 | | law enforcement agency to provide notice of release or | 25 | | maintain custody of an individual based on an alleged | 26 | | violation of a civil immigration law, including detainers |
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| 1 | | issued pursuant to Sections 1226 or 1357 of Title 8 of the | 2 | | United States Code or 8 CFR 236.1 or 287.7. An immigration | 3 | | detainer includes, but is not limited to, Form I-247A | 4 | | (Immigration Detainer – Notice of Action) and any predecessor | 5 | | or successor form. a document issued by an immigration agent | 6 | | that is not approved or ordered by a judge and requests a law | 7 | | enforcement agency or law enforcement official to provide | 8 | | notice of release or maintain custody of a person, including a | 9 | | detainer issued under Section 1226 or 1357 of Title 8 of the | 10 | | United States Code or Section 236.1 or 287.7 of Title 8 of the | 11 | | Code of Federal Regulations. | 12 | | "Law enforcement agency" means an agency of the State or | 13 | | of a unit of local government charged with enforcement of | 14 | | State, county, or municipal laws or with managing custody of | 15 | | detained persons in the State , including, but not limited to, | 16 | | municipal police departments, sheriff's departments, campus | 17 | | police departments, the Illinois State Police, the Department | 18 | | of Corrections, and the Department of Juvenile Justice . | 19 | | "Law enforcement official" means any officer or other | 20 | | agent of a State or local law
enforcement agency authorized to | 21 | | enforce criminal laws, rules, regulations, or local ordinances | 22 | | or operate jails, correctional facilities, or juvenile | 23 | | detention facilities or to maintain custody of individuals in | 24 | | jails, correctional facilities, or juvenile detention | 25 | | facilities. Law enforcement official shall also include any | 26 | | probation officer or any school resource officer or other |
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| 1 | | police assigned to any public school, including any public | 2 | | pre-school and other early learning program, public elementary | 3 | | and secondary school, or public institution of higher | 4 | | education. individual with the power to arrest or detain | 5 | | individuals, including law enforcement officers, county | 6 | | corrections officer, and others employed or designated by a | 7 | | law enforcement agency. | 8 | | "Non-judicial immigration warrant" means a Form I-200 or | 9 | | I-205 administrative warrant or any other immigration warrant | 10 | | or request that is not approved or ordered by a judge, | 11 | | including administrative warrants entered into the Federal | 12 | | Bureau of Investigation's National Crime Information Center | 13 | | database.
| 14 | | (Source: P.A. 100-463, eff. 8-28-17.) | 15 | | (5 ILCS 805/15)
| 16 | | Sec. 15. Prohibition on enforcing federal civil | 17 | | immigration laws.
| 18 | | (a) A law enforcement agency or law enforcement official | 19 | | shall not detain or continue to detain any individual solely | 20 | | on the basis of any immigration detainer or civil non-judicial | 21 | | immigration warrant or otherwise comply with an immigration | 22 | | detainer or civil non-judicial immigration warrant. | 23 | | (b) A law enforcement agency or law enforcement official | 24 | | shall not stop, arrest, search, detain, or continue to detain | 25 | | a person solely based on an individual's citizenship or |
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| 1 | | immigration status. | 2 | | (c) (Blank). This Section 15 does not apply if a law | 3 | | enforcement agency or law enforcement official is presented | 4 | | with a valid, enforceable federal warrant. Nothing in this | 5 | | Section 15 prohibits communication between federal agencies or | 6 | | officials and law enforcement agencies or officials. | 7 | | (d) A law enforcement agency or law enforcement official | 8 | | acting in good faith in compliance with this Section who | 9 | | releases a person subject to an immigration detainer or civil | 10 | | non-judicial immigration warrant shall have immunity from any | 11 | | civil or criminal liability that might otherwise occur as a | 12 | | result of making the release, with the exception of willful or | 13 | | wanton misconduct.
| 14 | | (e) A law enforcement agency or law enforcement official | 15 | | may not inquire about or investigate the citizenship or | 16 | | immigration status or place of birth of any individual in the | 17 | | agency or official's custody or who has otherwise been stopped | 18 | | or detained by the agency or official. Nothing in this | 19 | | subsection shall be construed to limit the ability of a law | 20 | | enforcement agency or law enforcement official, pursuant to | 21 | | state or federal law, to notify a person in the law enforcement | 22 | | agency's custody about that person's right to communicate with | 23 | | consular officers from that person's country of nationality, | 24 | | or facilitate such communication, in accordance with the | 25 | | Vienna Convention on Consular Relations or other bilateral | 26 | | agreements. Nothing in this subsection shall be construed to |
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| 1 | | limit the ability of a law enforcement agency or law | 2 | | enforcement official to request evidence of citizenship or | 3 | | immigration status pursuant to the Firearm Owners | 4 | | Identification Card Act, the Firearm Concealed Carry Act, | 5 | | Article 24 of the Criminal Code of 2012, or 18 United States | 6 | | Code Sections 921 through 931. | 7 | | (f) Unless otherwise limited by federal law, a law | 8 | | enforcement agency or law enforcement official may not deny | 9 | | services, benefits, privileges, or opportunities to an | 10 | | individual in custody or under probation status, including but | 11 | | not limited to eligibility or placement in a lower custody | 12 | | classification, educational, rehabilitative, or diversionary | 13 | | programs, on the basis of the individual's citizenship or | 14 | | immigration status, the issuance of an immigration detainer or | 15 | | civil immigration warrant against the individual, or the | 16 | | individual being in immigration removal proceedings. | 17 | | (g)(1) No law enforcement agency, law enforcement | 18 | | official, or any unit of State or local government may enter | 19 | | into or renew any contract, intergovernmental service | 20 | | agreement, or any other agreement to house or detain | 21 | | individuals for federal civil immigration violations. | 22 | | (2) Any law enforcement agency, law enforcement official, | 23 | | or unit of State or local government with an existing | 24 | | contract, intergovernmental agreement, or other agreement, | 25 | | whether in whole or in part, that is utilized to house or | 26 | | detain individuals for civil immigration violations shall |
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| 1 | | exercise the termination provision in the agreement as applied | 2 | | to housing or detaining individuals for civil immigration | 3 | | violations no later than January 1, 2022. | 4 | | (h) Unless presented with a federal criminal warrant, or | 5 | | otherwise required by federal law, a law enforcement agency or | 6 | | official may not: | 7 | | (1) participate, support, or assist in any capacity | 8 | | with an immigration agent's enforcement
operations, | 9 | | including any collateral assistance such as coordinating | 10 | | an arrest in a courthouse or other public facility, | 11 | | providing use of any equipment, transporting any | 12 | | individuals, or establishing a security or traffic | 13 | | perimeter surrounding such operations, or any other | 14 | | on-site support; | 15 | | (2) give any immigration agent access, including by | 16 | | telephone, to any individual who is in that agency's | 17 | | custody; | 18 | | (3) transfer any person into an immigration agent's | 19 | | custody; | 20 | | (4) permit immigration agents use of agency facilities | 21 | | or equipment, including any agency electronic databases | 22 | | not available to the public, for investigative interviews | 23 | | or other investigative or immigration enforcement purpose; | 24 | | (5) enter into or maintain any agreement regarding | 25 | | direct access to any electronic database or other | 26 | | data-sharing platform maintained by any law enforcement |
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| 1 | | agency, or otherwise provide such direct access to the | 2 | | U.S. Immigration and Customs Enforcement, United States | 3 | | Customs and Border Protection or any other federal entity | 4 | | enforcing civil immigration violations; | 5 | | (6) provide information in response to any immigration | 6 | | agent's inquiry or request for information regarding any | 7 | | individual in the agency's custody; or | 8 | | (7) provide to any immigration agent information not | 9 | | otherwise available to the public relating to an | 10 | | individual's release or contact information, or otherwise | 11 | | facilitate for an immigration agent to apprehend or | 12 | | question an individual for immigration enforcement. | 13 | | (i) Nothing in this Section shall preclude a law | 14 | | enforcement official from otherwise executing that official's | 15 | | duties in investigating violations of criminal law and | 16 | | cooperating in such investigations with federal and other law | 17 | | enforcement agencies (including criminal investigations | 18 | | conducted by federal Homeland Security Investigations (HSI)) | 19 | | in order to ensure public safety. | 20 | | (Source: P.A. 100-463, eff. 8-28-17.) | 21 | | (5 ILCS 805/25 new) | 22 | | Sec. 25. Reporting requirements. | 23 | | (a) In order to ensure compliance with this Act, starting | 24 | | on the effective date of this amendatory Act of the 102nd | 25 | | General Assembly, law enforcement agencies shall submit a |
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| 1 | | report annually to the Attorney General. This report shall | 2 | | include: | 3 | | (1) Any requests from the United States Department of | 4 | | Homeland Security, including, but not limited to, | 5 | | Immigration and Customs and Enforcement, with respect to | 6 | | participation, support, or assistance in any immigration | 7 | | agent's civil enforcement operation, and any documentation | 8 | | regarding how the request was addressed, provided that if | 9 | | an agency does not receive any such requests during a | 10 | | reporting period, the agency shall certify and report that | 11 | | it received no such requests; | 12 | | (2) All immigration detainers or civil immigration | 13 | | warrants received by the law enforcement agency, provided | 14 | | that if an agency does not receive any such detainers or | 15 | | warrants during a reporting period, the agency shall | 16 | | certify and report that it received no such detainers or | 17 | | warrants. The reports shall include: | 18 | | (A) the date when the immigration detainer or | 19 | | civil immigration warrant was received; | 20 | | (B) the date and time the individual subject to | 21 | | the immigration detainer or civil immigration warrant | 22 | | posted criminal bail, if applicable; | 23 | | (C) whether the individual subject to the | 24 | | immigration detainer or civil immigration warrant was | 25 | | released or transferred; | 26 | | (D) the date and time the individual was released |
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| 1 | | or transferred; and | 2 | | (E) if the individual is transferred, to which | 3 | | governmental agency's custody. | 4 | | (b) Law enforcement agencies shall not include names or | 5 | | other personally identifying information in any reports | 6 | | required under this Section. | 7 | | (5 ILCS 805/30 new) | 8 | | Sec. 30. Attorney General enforcement provisions. In order | 9 | | to ensure compliance with this Act: | 10 | | (a) The Attorney General shall have authority to conduct | 11 | | investigations into violations of this Act. The Attorney | 12 | | General may: (1) require a law enforcement agency, law | 13 | | enforcement official, or any other person or entity to file a | 14 | | statement or report in writing under oath or otherwise, as to | 15 | | all information the Attorney General may consider necessary; | 16 | | (2) examine under oath any law enforcement official or any | 17 | | other person alleged to have participated in or with knowledge | 18 | | of the alleged violation; or (3) issue subpoenas, obtain | 19 | | records, conduct hearings, or take any other actions in aid of | 20 | | any investigation. In the event a law enforcement agency, law | 21 | | enforcement official, or other person or entity fails to | 22 | | comply, in whole or in part, with a subpoena or other | 23 | | investigative request issued pursuant to this paragraph, the | 24 | | Attorney General may compel compliance through an action in | 25 | | the circuit court. |
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| 1 | | (b) Upon his or her own information or upon the complaint | 2 | | of any person, the Attorney General may maintain an action for | 3 | | declaratory, injunctive or any other equitable relief in the | 4 | | circuit court against any law enforcement agency, law | 5 | | enforcement official, or other person or entity who violates | 6 | | any provision of this Act. These remedies are in addition to, | 7 | | and not in substitution for, other available remedies. | 8 | | Section 10. The Voices of Immigrant Communities Empowering | 9 | | Survivors (VOICES) Act is amended by changing Section 10 and | 10 | | by adding Sections 11, 20, 25, and 30 as follows: | 11 | | (5 ILCS 825/10)
| 12 | | Sec. 10. Certifications for victims of qualifying criminal | 13 | | activity. | 14 | | (a) The head of each certifying agency shall designate an | 15 | | official or officials in supervisory roles, either within the | 16 | | agency or, by agreement with another agency with concurrent | 17 | | jurisdiction over the geographic area or subject matter | 18 | | covered by that agency, within that other agency. Designated | 19 | | officials may not be members of a collective bargaining unit | 20 | | represented by a labor organization, unless the official is an | 21 | | attorney or is employed in an agency in which all supervisory | 22 | | officials are members of a collective bargaining unit. | 23 | | Certifying officials shall: | 24 | | (1) respond to requests for completion of |
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| 1 | | certification forms received by the agency, as required by | 2 | | this Section; and | 3 | | (2) make information regarding the agency's procedures | 4 | | for certification requests publicly available for victims | 5 | | of qualifying criminal activity and their representatives. | 6 | | (b) Any person seeking completion of a certification form | 7 | | shall first submit a request for completion of the | 8 | | certification form to the certifying official for any | 9 | | certifying agency that detected, investigated, or prosecuted | 10 | | the criminal activity upon which the request is based. | 11 | | (c) A request for completion of a certification form under | 12 | | this Section may be submitted by a representative of the | 13 | | person seeking the certification form, including, but not | 14 | | limited to, an attorney, accredited representative, or | 15 | | domestic violence or sexual assault services provider. | 16 | | (d) Upon receiving a request for completion of a | 17 | | certification form, a certifying official shall complete the | 18 | | certification form for any victim of qualifying criminal | 19 | | activity. In completing the certification form, there is a | 20 | | rebuttable presumption that a victim is helpful, has been | 21 | | helpful, or is likely to be helpful to the detection or | 22 | | investigation or prosecution of that qualifying criminal | 23 | | activity, if the victim has not refused or failed to provide | 24 | | information and assistance reasonably requested by law | 25 | | enforcement. The certifying official shall fully complete and | 26 | | sign the certification form and, regarding victim helpfulness, |
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| 1 | | include specific details about the nature of the crime | 2 | | investigated or prosecuted and a detailed description of the | 3 | | victim's helpfulness or likely helpfulness to the detection or | 4 | | investigation or prosecution of the criminal activity. If the | 5 | | certifying official cannot determine that the applicant is a | 6 | | victim of qualifying criminal activity, the certifying | 7 | | official may provide written notice to the person or the | 8 | | person's representative explaining why the available evidence | 9 | | does not support a finding that the person is a victim of | 10 | | qualifying criminal activity. The certifying official shall | 11 | | complete the certification form and provide it to the person | 12 | | within 90 business days of receiving the request, except: | 13 | | (1) if the person making the request for completion of | 14 | | the certification form is in federal immigration removal | 15 | | proceedings or detained, the certifying official shall | 16 | | complete and provide the certification form to the person | 17 | | no later than 21 business days after the request is | 18 | | received by the certifying agency; | 19 | | (2) if the children, parents, or siblings of the | 20 | | person making the request for completion of the | 21 | | certification form would become ineligible for benefits | 22 | | under Sections 1184(p) and 1184(o) of Title 8 of the | 23 | | United States Code by virtue of the person's children | 24 | | having reached the age of 21 years, the person having | 25 | | reached the age of 21 years, or the person's sibling | 26 | | having reached the age of 18 years within 90 business days |
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| 1 | | from the date that the certifying official receives the | 2 | | certification request, the certifying official shall | 3 | | complete and provide the certification form to the person | 4 | | no later than 21 business days after the request is | 5 | | received by the certifying agency; | 6 | | (3) if the person's children, parents, or siblings | 7 | | under paragraph (2) of this subsection (d) would become | 8 | | ineligible for benefits under Sections 1184(p) and 1184(o) | 9 | | of Title 8 of the United States Code in less than 21 | 10 | | business days of receipt of the certification request, the | 11 | | certifying official shall complete and provide a | 12 | | certification form to the person within 5 business days; | 13 | | or | 14 | | (4) a certifying official may extend the time period | 15 | | by which it must complete and provide the certification | 16 | | form to the person as required under this subsection (d) | 17 | | only upon written agreement with the person or person's | 18 | | representative. | 19 | | Requests for expedited completion of a certification form | 20 | | under paragraphs (1), (2), and (3) of this subsection (d) | 21 | | shall be affirmatively raised by the person or that person's | 22 | | representative in writing to the certifying agency and shall | 23 | | establish that the person is eligible for expedited review. | 24 | | (e) A certifying official who issued an initial | 25 | | certification form shall complete and reissue a certification | 26 | | form within 90 business days of receiving a request from a |
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| 1 | | victim to reissue. If the victim seeking recertification has a | 2 | | deadline to respond to a request for evidence from United | 3 | | States Citizenship and Immigration Services, the certifying | 4 | | official shall complete and issue the form no later than 21 | 5 | | business days after the request is received by the certifying | 6 | | official. Requests for expedited recertification shall be | 7 | | affirmatively raised by the victim or victim's representative | 8 | | in writing and shall establish that the victim is eligible for | 9 | | expedited review. A certifying official may extend the | 10 | | deadline by which he or she will complete and reissue the | 11 | | certification form only upon written agreement with the victim | 12 | | or victim's representative. | 13 | | (f) Notwithstanding any other provision of this Section, a | 14 | | certifying official's completion of a certification form shall | 15 | | not be considered sufficient evidence that an applicant for a | 16 | | U or T visa has met all eligibility requirements for that visa | 17 | | and completion of a certification form by a certifying | 18 | | official shall not be construed to guarantee that the victim | 19 | | will receive federal immigration relief. It is the exclusive | 20 | | responsibility of federal immigration officials to determine | 21 | | whether a person is eligible for a U or T visa. Completion of a | 22 | | certification form by a certifying official merely verifies | 23 | | factual information relevant to the federal immigration | 24 | | benefit sought, including information relevant for federal | 25 | | immigration officials to determine eligibility for a U or T | 26 | | visa. By completing a certification form, the certifying |
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| 1 | | official attests that the information is true and correct to | 2 | | the best of the certifying official's knowledge. No provision | 3 | | in this Act limits the manner in which a certifying officer or | 4 | | certifying agency may describe whether the person has | 5 | | cooperated or been helpful to the agency or provide any | 6 | | additional information the certifying officer or certifying | 7 | | agency believes might be relevant to a federal immigration | 8 | | officer's adjudication of a U or T visa application. If, after | 9 | | completion of a certification form, the certifying official | 10 | | later determines the person was not the victim of qualifying | 11 | | criminal activity or the victim unreasonably refuses to assist | 12 | | in the investigation or prosecution of the qualifying criminal | 13 | | activity of which he or she is a victim, the certifying | 14 | | official may notify United States Citizenship and Immigration | 15 | | Services in writing. | 16 | | (g) A certifying official or agency receiving requests for | 17 | | completion of certification forms shall not disclose the | 18 | | immigration status of a victim or person requesting the | 19 | | certification form, except to comply with federal law or State | 20 | | law, legal process, or if authorized, by the victim or person | 21 | | requesting the certification form.
| 22 | | (Source: P.A. 100-1115, eff. 1-1-19.) | 23 | | (5 ILCS 825/11 new) | 24 | | Sec. 11. Denials. | 25 | | (a) If the certifying official cannot determine that the |
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| 1 | | requester is a victim of a qualifying criminal activity, the | 2 | | certifying official shall provide written notice to the person | 3 | | or the person's representative explaining why the available | 4 | | evidence does not support a finding that the person is a victim | 5 | | of qualifying criminal activity. The certifying official shall | 6 | | submit the notice to the address provided in the request and | 7 | | shall provide contact information should the requester desire | 8 | | to appeal the decision. The certifying agency or certifying | 9 | | official shall accept all appeals and must respond to the | 10 | | appeals within 30 business days. | 11 | | (b) Notwithstanding subsection (a), no requester is | 12 | | required to exhaust an administrative appeal under subsection | 13 | | (a) before filing a mandamus action or seeking other equitable | 14 | | relief in circuit court for a completed certification form | 15 | | required under Section 10. | 16 | | (5 ILCS 825/20 new) | 17 | | Sec. 20. Reporting requirements. | 18 | | (a) In order to ensure compliance with this Act, starting | 19 | | on the effective date of this amendatory Act of the 102nd | 20 | | General Assembly, law enforcement agencies shall submit a | 21 | | report annually to the Attorney General. This report shall | 22 | | include the following information regarding any requests for | 23 | | completion of a certification form under Section 10 of this | 24 | | Act: | 25 | | (1) the date of receipt of such request; and |
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| 1 | | (2) the date on which the law enforcement agency | 2 | | provided the completed certification form to the requester | 3 | | or provided written notice explaining why the available | 4 | | evidence does not support a finding that the requester is | 5 | | a victim of qualifying criminal activity. | 6 | | If an agency receives no requests for completion of a | 7 | | certification form during a reporting period, the agency shall | 8 | | certify and report that it received no such requests. | 9 | | (b) Law enforcement agencies shall not include names or | 10 | | other personally identifying information in any reports | 11 | | required under this Section. | 12 | | (5 ILCS 825/25 new) | 13 | | Sec. 25. Training. Each certifying agency shall arrange | 14 | | for regular training for officials designated under subsection | 15 | | (a) of Section 10 of this Act regarding all requirements of | 16 | | this Act. | 17 | | (5 ILCS 825/30 new) | 18 | | Sec. 30. Attorney General enforcement provisions. In order | 19 | | to ensure compliance with this Act: | 20 | | (a) The Attorney General shall have authority to conduct | 21 | | investigations into violations of this Act. The Attorney | 22 | | General may: | 23 | | (1) require a law enforcement agency, law enforcement | 24 | | official, or any other person or entity to file a |
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| 1 | | statement or report in writing under oath or otherwise, as | 2 | | to all information the Attorney General may consider | 3 | | necessary; | 4 | | (2) examine under oath any law enforcement official or | 5 | | any other person alleged to have participated in or with | 6 | | knowledge of the alleged violation; or | 7 | | (3) issue subpoenas, obtain records, conduct hearings, | 8 | | or take any other actions in aid of any investigation. In | 9 | | the event a law enforcement agency, law enforcement | 10 | | official, or other person or entity fails to comply, in | 11 | | whole or in part, with a subpoena or other investigative | 12 | | request issued pursuant to this paragraph, the Attorney | 13 | | General may compel compliance through an action in the | 14 | | circuit court. | 15 | | (b) Upon his or her own information or upon the complaint | 16 | | of any person, the Attorney General may maintain an action for | 17 | | declaratory, injunctive or any other equitable relief in the | 18 | | circuit court against any law enforcement agency, law | 19 | | enforcement official, or other person or entity who violates | 20 | | any provision of this Act. These remedies are in addition to, | 21 | | and not in substitution for, other available remedies.
| 22 | | Section 97. Severability. If any provision of this Act or | 23 | | its application to any person or circumstances is held | 24 | | invalid, the invalidity of that provision or application does | 25 | | not affect other provisions or applications of this Act that |
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| 1 | | can be given effect without the invalid provision or | 2 | | application. | 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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