Full Text of SB0924 102nd General Assembly
SB0924sam001 102ND GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 4/9/2021
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| 1 | | AMENDMENT TO SENATE BILL 924
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 924 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Racial and Ethnic Impact Note Act. | 6 | | Section 3. Findings. The General Assembly finds and | 7 | | declares the following: | 8 | | (1) Racial and ethnic disparities in the criminal justice | 9 | | system can result in devastating consequences, (including | 10 | | employment challenges, lack of access to education, high rates | 11 | | of recidivism, and burgeoning prison costs) to society even | 12 | | when such consequences are not intentional. | 13 | | (2) Racial impact statements set forth a goal toward which | 14 | | this State can strive to proactively avoid racial and ethnic | 15 | | disparities created by certain public safety laws and policies | 16 | | that are more easily prevented than corrected. |
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| 1 | | (3) It is altogether fitting and proper, and in the public | 2 | | interest, to require this State to monitor and address laws | 3 | | and policies that may disproportionately impact one or more | 4 | | minority communities. | 5 | | (4) Illinois needs laws and policies that work effectively | 6 | | to promote public safety, and this State must also find ways to | 7 | | reduce disproportionate rates of contact between law | 8 | | enforcement and minority communities which have historically | 9 | | led to greater societal tensions. | 10 | | (5) Many issues traditionally dealt with through law | 11 | | enforcement would be more effectively addressed through public | 12 | | health, housing, and educational initiatives. | 13 | | (6) Historically imbalanced outcomes result from a complex | 14 | | set of socio-economic factors, and seemingly impartial | 15 | | policies often have unintended consequences that would be best | 16 | | addressed prior to adoption of new laws. | 17 | | (7) Discriminatory outcomes, whether purposeful or not, | 18 | | could further undermine public safety by creating fear and | 19 | | mistrust of law enforcement among community members who are | 20 | | vital to effective community policing. | 21 | | (8) Communities with low levels of trust in law | 22 | | enforcement tend to have lower rates of crime reporting and | 23 | | fewer witnesses willing to work with law enforcement, which | 24 | | can lead to higher rates of unreported and unsolved crime. | 25 | | Section 5. Racial and ethnic impact note; public notice. |
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| 1 | | (a) Every bill which has or could have an impact on racial | 2 | | and ethnic minorities, upon the request of any member, shall | 3 | | have prepared for it, before second reading in the house of | 4 | | introduction, a brief explanatory statement, including any | 5 | | appropriate statistical analysis, setting forth the nature and | 6 | | extent of the impact of the proposed measure on those racial | 7 | | and ethnic minorities likely to be impacted by the bill. | 8 | | (b) The public shall be provided with notice of any bill | 9 | | containing such racial and ethnic impact note at least 30 days | 10 | | prior to any vote on the bill in question. No proposed measure | 11 | | may be voted upon prior to the expiration of the 30-day period. | 12 | | (c) During the period after the racial and ethnic impact | 13 | | note has been issued publicly and before any vote on the bill, | 14 | | the public shall have an opportunity to review and comment on | 15 | | the proposed measure in question. During such period, | 16 | | interested persons shall be afforded a reasonable opportunity | 17 | | to submit additional data, views, comments, or arguments, | 18 | | orally or in writing, and all written and oral submissions | 19 | | respecting the proposed measure, including those received | 20 | | electronically, shall be considered fully. | 21 | | (d) Notwithstanding any provision of law to the contrary, | 22 | | any member of the public impacted by a law that has been passed | 23 | | without being in substantial compliance with this Section | 24 | | shall have standing to seek equitable recourse in district | 25 | | court in this State until such substantial compliance with | 26 | | this Section has been achieved. |
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| 1 | | Section 10. Preparation. The sponsor of each bill for | 2 | | which a request under Section 5 has been made shall present a | 3 | | copy of the bill with the request for a racial impact note to | 4 | | the appropriate responding agency or agencies under subsection | 5 | | (b). The responding agency or agencies shall prepare and | 6 | | submit the note to the sponsor of the bill within 5 calendar | 7 | | days, except that whenever, because of the complexity of the | 8 | | measure, additional time is required for the preparation of | 9 | | the racial impact note, the responding agency or agencies may | 10 | | inform the sponsor of the bill, and the sponsor may approve an | 11 | | extension of the time within which the note is to be submitted, | 12 | | not to extend, however, beyond June 15, following the date of | 13 | | the request. If, in the opinion of the responding agency or | 14 | | agencies, there is insufficient information to prepare a | 15 | | reliable estimate of the anticipated impact, a statement to | 16 | | that effect can be filed and shall meet the requirements of | 17 | | this Act. | 18 | | Section 15. Requisites and contents. The note shall be | 19 | | factual in nature, as brief and concise as may be, and, in | 20 | | addition, it shall include both the immediate effect and, if | 21 | | determinable or reasonably foreseeable, the long range effect | 22 | | of the measure on racial and ethnic minorities. If, after | 23 | | careful investigation, it is determined that such an effect is | 24 | | not ascertainable, the note shall contain a statement to that |
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| 1 | | effect, setting forth the reasons why no ascertainable effect | 2 | | can be given. | 3 | | Section 20. Comment or opinion; technical or mechanical | 4 | | defects. No comment or opinion shall be included in the racial | 5 | | impact note with regard to the merits of the measure for which | 6 | | the racial impact note is prepared; however, technical or | 7 | | mechanical defects may be noted.
| 8 | | Section 25. Appearance of State officials and employees in | 9 | | support or opposition of measure. The fact that a racial | 10 | | impact note is prepared for any bill shall not preclude or | 11 | | restrict the appearance before any committee of the General | 12 | | Assembly of any official or authorized employee of the | 13 | | responding agency or agencies, or any other impacted State | 14 | | agency, who desires to be heard in support of or in opposition | 15 | | to the measure. | 16 | | Section 30. Local regulation. As soon as practicable after | 17 | | the effective date of this Act, each unit of local government | 18 | | shall adopt an ordinance or resolution providing for racial | 19 | | and ethnic impact statements for any ordinance or resolution | 20 | | adopted by that unit of local government having an impact on | 21 | | racial and ethnic minorities. Any racial and ethnic impact | 22 | | statement requirement established under this Section shall be | 23 | | no less restrictive than as provided under Section 5 of this |
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| 1 | | Act. | 2 | | Section 100. The Illinois Administrative Procedure Act is | 3 | | amended by adding Section 5-32 as follows: | 4 | | (5 ILCS 100/5-32 new) | 5 | | Sec. 5-32. Racial and ethnic impact statement. | 6 | | (a) When an agency proposes a new rule or an amendment to | 7 | | an existing rule that may have an adverse impact on racial and | 8 | | ethnic minorities, the agency shall, before or during the | 9 | | notice period required under
subsection (b) of Section 5-40,
| 10 | | prepare a racial and ethnic impact statement which shall be | 11 | | filed with the proposed rule and publicized in the Illinois | 12 | | Register together with the proposed rule. | 13 | | (b) Subject to the requirements of Section 5-40, the | 14 | | public shall be provided with notice of any proposed | 15 | | rulemaking for which a racial and ethnic statement is | 16 | | prepared, and the public shall have an opportunity to review | 17 | | and comment on the proposed rulemaking in question. During | 18 | | such period, interested persons shall be afforded a reasonable | 19 | | opportunity to submit additional data, views, comments, or | 20 | | arguments, orally or in writing, and the agency shall consider | 21 | | fully all written and oral submissions respecting the proposed | 22 | | rulemaking, including those received electronically. | 23 | | (c) No proposed rulemaking may be adopted before and | 24 | | unless the requirements of this Section have been |
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| 1 | | substantially fulfilled. | 2 | | (d) Notwithstanding any provision of law to the contrary, | 3 | | any member of the public impacted by a rule that has been | 4 | | adopted without being in substantial compliance with this | 5 | | Section shall have standing to seek equitable recourse in | 6 | | district court in this State until such substantial compliance | 7 | | with this Section has been achieved. ".
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