Full Text of SB0667 102nd General Assembly
SB0667enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning immigration.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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. | 16 | | The changes made to the definitions of immigration detainer | 17 | | and civil immigration warrant (formerly "non-judicial | 18 | | immigration warrant") by Section 10 of this amendatory Act of | 19 | | the 102nd General Assembly are declarative of existing law. | 20 | | This Act shall not be construed to prohibit or restrict any | 21 | | entity from sending to, or receiving from, the United States | 22 | | Department of Homeland Security or other federal, State, or |
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| 1 | | local government entity information regarding the citizenship | 2 | | or immigration status of any individual under Sections 1373 | 3 | | and 1644 of Title 8 of the United States Code. Further, nothing | 4 | | in this Act shall prevent a law enforcement officer from | 5 | | contacting another law enforcement agency for the purposes of | 6 | | clarifying or confirming the civil or criminal nature and | 7 | | status of notifications or other records possible offenses in | 8 | | a record provided by the National Crime Information Center , or | 9 | | detaining someone based on a notification in the Law | 10 | | Enforcement Agencies Data Administrative System unless it is | 11 | | clear that request is based on a non-judicial immigration | 12 | | warrant .
| 13 | | (Source: P.A. 100-463, eff. 8-28-17.) | 14 | | (5 ILCS 805/10)
| 15 | | Sec. 10. Definitions. In this Act: | 16 | | "Citizenship or immigration status" means all matters | 17 | | regarding citizenship of the United States or any other | 18 | | country or the authority to reside in or otherwise be present | 19 | | in the United States. | 20 | | "Civil immigration warrant" means any document that is not | 21 | | approved or ordered by a judge that can form the basis for an | 22 | | individual's arrest or detention for a civil immigration | 23 | | enforcement purpose. "Civil immigration warrant" includes Form | 24 | | I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to | 25 | | Detain or Release Alien", Form I-205 "Warrant of |
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| 1 | | Removal/Deportation", Form I-286 "Notice of Custody | 2 | | Determination", any predecessor or successor form, and all | 3 | | warrants, hits, or requests contained in the "Immigration | 4 | | Violator File" of the FBI's National Crime Information Center | 5 | | (NCIC) database. "Civil immigration warrant" does not include | 6 | | any criminal warrant. | 7 | | "Contact information" means home address, work address, | 8 | | telephone number, electronic mail address, social media | 9 | | information, or any other personal identifying information | 10 | | that could be used as a means to contact an individual. | 11 | | "Immigration agent" means an agent of federal Immigration | 12 | | and Customs Enforcement, federal Customs and Border | 13 | | Protection, or any similar or successor agency. | 14 | | "Immigration detainer" means a request to a State or local | 15 | | law enforcement agency to provide notice of release or | 16 | | maintain custody of an individual based on an alleged | 17 | | violation of a civil immigration law, including detainers | 18 | | issued under Sections 1226 or 1357 of Title 8 of the United | 19 | | States Code or 287.7 or 236.1 of Title 8 of the Code of Federal | 20 | | Regulations. "Immigration detainer" includes Form I-247A | 21 | | "Immigration Detainer – Notice of Action" and any predecessor | 22 | | or successor form. a document issued by an immigration agent | 23 | | that is not approved or ordered by a judge and requests a law | 24 | | enforcement agency or law enforcement official to provide | 25 | | notice of release or maintain custody of a person, including a | 26 | | detainer issued under Section 1226 or 1357 of Title 8 of the |
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| 1 | | United States Code or Section 236.1 or 287.7 of Title 8 of the | 2 | | Code of Federal Regulations. | 3 | | "Law enforcement agency" means an agency of the State or | 4 | | of a unit of local government charged with enforcement of | 5 | | State, county, or municipal laws or with managing custody of | 6 | | detained persons in the State. | 7 | | "Law enforcement official" means any individual with the | 8 | | power to arrest or detain individuals, including law | 9 | | enforcement officers, county corrections officer, and others | 10 | | employed or designated by a law enforcement agency. "Law | 11 | | enforcement official" includes any probation officer. | 12 | | "Non-judicial immigration warrant" means a Form I-200 or | 13 | | I-205 administrative warrant or any other immigration warrant | 14 | | or request that is not approved or ordered by a judge, | 15 | | including administrative warrants entered into the Federal | 16 | | Bureau of Investigation's National Crime Information Center | 17 | | database.
| 18 | | (Source: P.A. 100-463, eff. 8-28-17.)
| 19 | | (5 ILCS 805/15)
| 20 | | Sec. 15. Prohibition on enforcing federal civil | 21 | | immigration laws.
| 22 | | (a) A law enforcement agency or law enforcement official | 23 | | shall not detain or continue to detain any individual solely | 24 | | on the basis of any immigration detainer or civil non-judicial | 25 | | immigration warrant or otherwise comply with an immigration |
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| 1 | | detainer or civil non-judicial immigration warrant. | 2 | | (b) A law enforcement agency or law enforcement official | 3 | | shall not stop, arrest, search, detain, or continue to detain | 4 | | a person solely based on an individual's citizenship or | 5 | | immigration status. | 6 | | (c) (Blank). This Section 15 does not apply if a law | 7 | | enforcement agency or law enforcement official is presented | 8 | | with a valid, enforceable federal warrant. Nothing in this | 9 | | Section 15 prohibits communication between federal agencies or | 10 | | officials and law enforcement agencies or officials. | 11 | | (d) A law enforcement agency or law enforcement official | 12 | | acting in good faith in compliance with this Section who | 13 | | releases a person subject to an immigration detainer or civil | 14 | | non-judicial immigration warrant shall have immunity from any | 15 | | civil or criminal liability that might otherwise occur as a | 16 | | result of making the release, with the exception of willful or | 17 | | wanton misconduct.
| 18 | | (e) A law enforcement agency or law enforcement official | 19 | | may not inquire about or investigate the citizenship or | 20 | | immigration status or place of birth of any individual in the | 21 | | agency or official's custody or who has otherwise been stopped | 22 | | or detained by the agency or official. Nothing in this | 23 | | subsection shall be construed to limit the ability of a law | 24 | | enforcement agency or law enforcement official, pursuant to | 25 | | State or federal law, to notify a person in the law enforcement | 26 | | agency's custody about that person's right to communicate with |
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| 1 | | consular officers from that person's country of nationality, | 2 | | or facilitate such communication, in accordance with the | 3 | | Vienna Convention on Consular Relations or other bilateral | 4 | | agreements. Nothing in this subsection shall be construed to | 5 | | limit the ability of a law enforcement agency or law | 6 | | enforcement official to request evidence of citizenship or | 7 | | immigration status pursuant to the Firearm Owners | 8 | | Identification Card Act, the Firearm Concealed Carry Act, | 9 | | Article 24 of the Criminal Code of 2012, or 18 United States | 10 | | Code Sections 921 through 931. | 11 | | (f) Unless otherwise limited by federal law, a law | 12 | | enforcement agency or law enforcement official may not deny | 13 | | services, benefits, privileges, or opportunities to an | 14 | | individual in custody or under probation status, including, | 15 | | but not limited to, eligibility or placement in a lower | 16 | | custody classification, educational, rehabilitative, or | 17 | | diversionary programs, on the basis of the individual's | 18 | | citizenship or immigration status, the issuance of an | 19 | | immigration detainer or civil immigration warrant against the | 20 | | individual, or the individual being in immigration removal | 21 | | proceedings. | 22 | | (g)(1) No law enforcement agency, law enforcement | 23 | | official, or any unit of State or local government may enter | 24 | | into or renew any contract, intergovernmental service | 25 | | agreement, or any other agreement to house or detain | 26 | | individuals for federal civil immigration violations. |
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| 1 | | (2) Any law enforcement agency, law enforcement official, | 2 | | or unit of State or local government with an existing | 3 | | contract, intergovernmental agreement, or other agreement, | 4 | | whether in whole or in part, that is utilized to house or | 5 | | detain individuals for civil immigration violations shall | 6 | | exercise the termination provision in the agreement as applied | 7 | | to housing or detaining individuals for civil immigration | 8 | | violations no later than January 1, 2022. | 9 | | (h) Unless presented with a federal criminal warrant, or | 10 | | otherwise required by federal law, a law enforcement agency or | 11 | | official may not: | 12 | | (1) participate, support, or assist in any capacity | 13 | | with an immigration agent's enforcement
operations, | 14 | | including any collateral assistance such as coordinating | 15 | | an arrest in a courthouse or other public facility, | 16 | | providing use of any equipment, transporting any | 17 | | individuals, or establishing a security or traffic | 18 | | perimeter surrounding such operations, or any other | 19 | | on-site support; | 20 | | (2) give any immigration agent access, including by | 21 | | telephone, to any individual who is in that agency's | 22 | | custody; | 23 | | (3) transfer any person into an immigration agent's | 24 | | custody; | 25 | | (4) permit immigration agents use of agency facilities | 26 | | or equipment, including any agency electronic databases |
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| 1 | | not available to the public, for investigative interviews | 2 | | or other investigative or immigration enforcement purpose; | 3 | | (5) enter into or maintain any agreement regarding | 4 | | direct access to any electronic database or other | 5 | | data-sharing platform maintained by any law enforcement | 6 | | agency, or otherwise provide such direct access to the | 7 | | U.S. Immigration and Customs Enforcement, United States | 8 | | Customs and Border Protection or any other federal entity | 9 | | enforcing civil immigration violations; | 10 | | (6) provide information in response to any immigration | 11 | | agent's inquiry or request for information regarding any | 12 | | individual in the agency's custody; or | 13 | | (7) provide to any immigration agent information not | 14 | | otherwise available to the public relating to an | 15 | | individual's release or contact information, or otherwise | 16 | | facilitate for an immigration agent to apprehend or | 17 | | question an individual for immigration enforcement. | 18 | | (i) Nothing in this Section shall preclude a law | 19 | | enforcement official from otherwise executing that official's | 20 | | duties in investigating violations of criminal law and | 21 | | cooperating in such investigations with federal and other law | 22 | | enforcement agencies (including criminal investigations | 23 | | conducted by federal Homeland Security Investigations (HSI)) | 24 | | in order to ensure public safety. | 25 | | (Source: P.A. 100-463, eff. 8-28-17.) |
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| 1 | | (5 ILCS 805/25 new) | 2 | | Sec. 25. Reporting requirements. | 3 | | (a) In order to ensure compliance with this Act, starting | 4 | | on the effective date of this amendatory Act of the 102nd | 5 | | General Assembly, law enforcement agencies shall submit a | 6 | | report annually to the Attorney General. This report shall | 7 | | include: | 8 | | (1) Any requests from the United States Department of | 9 | | Homeland Security, including, but not limited to, | 10 | | Immigration and Customs and Enforcement, with respect to | 11 | | participation, support, or assistance in any immigration | 12 | | agent's civil enforcement operation, and any documentation | 13 | | regarding how the request was addressed, provided that if | 14 | | an agency does not receive any such requests during a | 15 | | reporting period, the agency shall certify and report that | 16 | | it received no such requests; | 17 | | (2) All immigration detainers or civil immigration | 18 | | warrants received by the law enforcement agency, provided | 19 | | that if an agency does not receive any such detainers or | 20 | | warrants during a reporting period, the agency shall | 21 | | certify and report that it received no such detainers or | 22 | | warrants. The reports shall include: | 23 | | (A) the date when the immigration detainer or | 24 | | civil immigration warrant was received; | 25 | | (B) the date and time the individual subject to | 26 | | the immigration detainer or civil immigration warrant |
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| 1 | | posted criminal bail, if applicable; | 2 | | (C) whether the individual subject to the | 3 | | immigration detainer or civil immigration warrant was | 4 | | released or transferred; | 5 | | (D) the date and time the individual was released | 6 | | or transferred; and | 7 | | (E) if the individual is transferred, to which | 8 | | governmental agency's custody. | 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 805/30 new) | 13 | | Sec. 30. Attorney General enforcement provisions. In order | 14 | | to ensure compliance with this Act: | 15 | | (a) The Attorney General shall have authority to conduct | 16 | | investigations into violations of this Act. The Attorney | 17 | | General may: (1) require a law enforcement agency, law | 18 | | enforcement official, or any other person or entity to file a | 19 | | statement or report in writing under oath or otherwise, as to | 20 | | all information the Attorney General may consider necessary; | 21 | | (2) examine under oath any law enforcement official or any | 22 | | other person alleged to have participated in or with knowledge | 23 | | of the alleged violation; or (3) issue subpoenas, obtain | 24 | | records, conduct hearings, or take any other actions in aid of | 25 | | any investigation. In the event a law enforcement agency, law |
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| 1 | | enforcement official, or other person or entity fails to | 2 | | comply, in whole or in part, with a subpoena or other | 3 | | investigative request issued pursuant to this paragraph, the | 4 | | Attorney General may compel compliance through an action in | 5 | | the circuit court. | 6 | | (b) Upon his or her own information or upon the complaint | 7 | | of any person, the Attorney General may maintain an action for | 8 | | declaratory, injunctive or any other equitable relief in the | 9 | | circuit court against any law enforcement agency, law | 10 | | enforcement official, or other person or entity who violates | 11 | | any provision of this Act. These remedies are in addition to, | 12 | | and not in substitution for, other available remedies. | 13 | | Section 10. The Voices of Immigrant Communities Empowering | 14 | | Survivors (VOICES) Act is amended by changing Section 10 and | 15 | | by adding Sections 11, 20, 25, and 30 as follows: | 16 | | (5 ILCS 825/10)
| 17 | | Sec. 10. Certifications for victims of qualifying criminal | 18 | | activity. | 19 | | (a) The head of each certifying agency shall designate an | 20 | | official or officials in supervisory roles, either within the | 21 | | agency or, by agreement with another agency with concurrent | 22 | | jurisdiction over the geographic area or subject matter | 23 | | covered by that agency, within that other agency. Designated | 24 | | officials may not be members of a collective bargaining unit |
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| 1 | | represented by a labor organization, unless the official is an | 2 | | attorney or is employed in an agency in which all supervisory | 3 | | officials are members of a collective bargaining unit. | 4 | | Certifying officials shall: | 5 | | (1) respond to requests for completion of | 6 | | certification forms received by the agency, as required by | 7 | | this Section; and | 8 | | (2) make information regarding the agency's procedures | 9 | | for certification requests publicly available for victims | 10 | | of qualifying criminal activity and their representatives. | 11 | | (b) Any person seeking completion of a certification form | 12 | | shall first submit a request for completion of the | 13 | | certification form to the certifying official for any | 14 | | certifying agency that detected, investigated, or prosecuted | 15 | | the criminal activity upon which the request is based. | 16 | | (c) A request for completion of a certification form under | 17 | | this Section may be submitted by a representative of the | 18 | | person seeking the certification form, including, but not | 19 | | limited to, an attorney, accredited representative, or | 20 | | domestic violence or sexual assault services provider. | 21 | | (d) Upon receiving a request for completion of a | 22 | | certification form, a certifying official shall complete the | 23 | | certification form for any victim of qualifying criminal | 24 | | activity. In completing the certification form, there is a | 25 | | rebuttable presumption that a victim is helpful, has been | 26 | | helpful, or is likely to be helpful to the detection or |
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| 1 | | investigation or prosecution of that qualifying criminal | 2 | | activity, if the victim has not refused or failed to provide | 3 | | information and assistance reasonably requested by law | 4 | | enforcement. The certifying official shall fully complete and | 5 | | sign the certification form and, regarding victim helpfulness, | 6 | | include specific details about the nature of the crime | 7 | | investigated or prosecuted and a detailed description of the | 8 | | victim's helpfulness or likely helpfulness to the detection or | 9 | | investigation or prosecution of the criminal activity. If the | 10 | | certifying official cannot determine that the applicant is a | 11 | | victim of qualifying criminal activity, the certifying | 12 | | official may provide written notice to the person or the | 13 | | person's representative explaining why the available evidence | 14 | | does not support a finding that the person is a victim of | 15 | | qualifying criminal activity. The certifying official shall | 16 | | complete the certification form and provide it to the person | 17 | | within 90 business days of receiving the request, except: | 18 | | (1) if the person making the request for completion of | 19 | | the certification form is in federal immigration removal | 20 | | proceedings or detained, the certifying official shall | 21 | | complete and provide the certification form to the person | 22 | | no later than 21 business days after the request is | 23 | | received by the certifying agency; | 24 | | (2) if the children, parents, or siblings of the | 25 | | person making the request for completion of the | 26 | | certification form would become ineligible for benefits |
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| 1 | | under Sections 1184(p) and 1184(o) of Title 8 of the | 2 | | United States Code by virtue of the person's children | 3 | | having reached the age of 21 years, the person having | 4 | | reached the age of 21 years, or the person's sibling | 5 | | having reached the age of 18 years within 90 business days | 6 | | from the date that the certifying official receives the | 7 | | certification request, the certifying official shall | 8 | | complete and provide the certification form to the person | 9 | | no later than 21 business days after the request is | 10 | | received by the certifying agency; | 11 | | (3) if the person's children, parents, or siblings | 12 | | under paragraph (2) of this subsection (d) would become | 13 | | ineligible for benefits under Sections 1184(p) and 1184(o) | 14 | | of Title 8 of the United States Code in less than 21 | 15 | | business days of receipt of the certification request, the | 16 | | certifying official shall complete and provide a | 17 | | certification form to the person within 5 business days; | 18 | | or | 19 | | (4) a certifying official may extend the time period | 20 | | by which it must complete and provide the certification | 21 | | form to the person as required under this subsection (d) | 22 | | only upon written agreement with the person or person's | 23 | | representative. | 24 | | Requests for expedited completion of a certification form | 25 | | under paragraphs (1), (2), and (3) of this subsection (d) | 26 | | shall be affirmatively raised by the person or that person's |
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| 1 | | representative in writing to the certifying agency and shall | 2 | | establish that the person is eligible for expedited review. | 3 | | (e) A certifying official who issued an initial | 4 | | certification form shall complete and reissue a certification | 5 | | form within 90 business days of receiving a request from a | 6 | | victim to reissue. If the victim seeking recertification has a | 7 | | deadline to respond to a request for evidence from United | 8 | | States Citizenship and Immigration Services, the certifying | 9 | | official shall complete and issue the form no later than 21 | 10 | | business days after the request is received by the certifying | 11 | | official. Requests for expedited recertification shall be | 12 | | affirmatively raised by the victim or victim's representative | 13 | | in writing and shall establish that the victim is eligible for | 14 | | expedited review. A certifying official may extend the | 15 | | deadline by which he or she will complete and reissue the | 16 | | certification form only upon written agreement with the victim | 17 | | or victim's representative. | 18 | | (f) Notwithstanding any other provision of this Section, a | 19 | | certifying official's completion of a certification form shall | 20 | | not be considered sufficient evidence that an applicant for a | 21 | | U or T visa has met all eligibility requirements for that visa | 22 | | and completion of a certification form by a certifying | 23 | | official shall not be construed to guarantee that the victim | 24 | | will receive federal immigration relief. It is the exclusive | 25 | | responsibility of federal immigration officials to determine | 26 | | whether a person is eligible for a U or T visa. Completion of a |
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| 1 | | certification form by a certifying official merely verifies | 2 | | factual information relevant to the federal immigration | 3 | | benefit sought, including information relevant for federal | 4 | | immigration officials to determine eligibility for a U or T | 5 | | visa. By completing a certification form, the certifying | 6 | | official attests that the information is true and correct to | 7 | | the best of the certifying official's knowledge. No provision | 8 | | in this Act limits the manner in which a certifying officer or | 9 | | certifying agency may describe whether the person has | 10 | | cooperated or been helpful to the agency or provide any | 11 | | additional information the certifying officer or certifying | 12 | | agency believes might be relevant to a federal immigration | 13 | | officer's adjudication of a U or T visa application. If, after | 14 | | completion of a certification form, the certifying official | 15 | | later determines the person was not the victim of qualifying | 16 | | criminal activity or the victim unreasonably refuses to assist | 17 | | in the investigation or prosecution of the qualifying criminal | 18 | | activity of which he or she is a victim, the certifying | 19 | | official may notify United States Citizenship and Immigration | 20 | | Services in writing. | 21 | | (g) A certifying official or agency receiving requests for | 22 | | completion of certification forms shall not disclose the | 23 | | immigration status of a victim or person requesting the | 24 | | certification form, except to comply with federal law or State | 25 | | law, legal process, or if authorized, by the victim or person | 26 | | requesting the certification form.
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| 1 | | (Source: P.A. 100-1115, eff. 1-1-19.) | 2 | | (5 ILCS 825/11 new) | 3 | | Sec. 11. Denials. | 4 | | (a) If the certifying official cannot determine that the | 5 | | requester is a victim of a qualifying criminal activity, the | 6 | | certifying official shall provide written notice to the person | 7 | | or the person's representative explaining why the available | 8 | | evidence does not support a finding that the person is a victim | 9 | | of qualifying criminal activity. The certifying official shall | 10 | | submit the notice to the address provided in the request and | 11 | | shall provide contact information should the requester desire | 12 | | to appeal the decision. The certifying agency or certifying | 13 | | official shall accept all appeals and must respond to the | 14 | | appeals within 30 business days. | 15 | | (b) Notwithstanding subsection (a), no requester is | 16 | | required to exhaust an administrative appeal under subsection | 17 | | (a) before filing a mandamus action or seeking other equitable | 18 | | relief in circuit court for a completed certification form | 19 | | required under Section 10. | 20 | | (5 ILCS 825/20 new) | 21 | | Sec. 20. Reporting requirements. | 22 | | (a) In order to ensure compliance with this Act, starting | 23 | | on the effective date of this amendatory Act of the 102nd | 24 | | General Assembly, law enforcement agencies shall submit a |
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| 1 | | report annually to the Attorney General. This report shall | 2 | | include the following information regarding any requests for | 3 | | completion of a certification form under Section 10 of this | 4 | | Act: | 5 | | (1) the date of receipt of such request; and | 6 | | (2) the date on which the law enforcement agency | 7 | | provided the completed certification form to the requester | 8 | | or provided written notice explaining why the available | 9 | | evidence does not support a finding that the requester is | 10 | | a victim of qualifying criminal activity. | 11 | | If an agency receives no requests for completion of a | 12 | | certification form during a reporting period, the agency shall | 13 | | certify and report that it received no such requests. | 14 | | (b) Law enforcement agencies shall not include names or | 15 | | other personally identifying information in any reports | 16 | | required under this Section. | 17 | | (5 ILCS 825/25 new) | 18 | | Sec. 25. Training. Each certifying agency shall arrange | 19 | | for regular training for officials designated under subsection | 20 | | (a) of Section 10 of this Act regarding all requirements of | 21 | | this Act. | 22 | | (5 ILCS 825/30 new) | 23 | | Sec. 30. Attorney General enforcement provisions. In order | 24 | | to ensure compliance with this Act: |
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| 1 | | (a) The Attorney General shall have authority to conduct | 2 | | investigations into violations of this Act. The Attorney | 3 | | General may: | 4 | | (1) require a law enforcement agency, law enforcement | 5 | | official, or any other person or entity to file a | 6 | | statement or report in writing under oath or otherwise, as | 7 | | to all information the Attorney General may consider | 8 | | necessary; | 9 | | (2) examine under oath any law enforcement official or | 10 | | any other person alleged to have participated in or with | 11 | | knowledge of the alleged violation; or | 12 | | (3) issue subpoenas, obtain records, conduct hearings, | 13 | | or take any other actions in aid of any investigation. In | 14 | | the event a law enforcement agency, law enforcement | 15 | | official, or other person or entity fails to comply, in | 16 | | whole or in part, with a subpoena or other investigative | 17 | | request issued pursuant to this paragraph, the Attorney | 18 | | General may compel compliance through an action in the | 19 | | circuit court. | 20 | | (b) Upon his or her own information or upon the complaint | 21 | | of any person, the Attorney General may maintain an action for | 22 | | declaratory, injunctive or any other equitable relief in the | 23 | | circuit court against any law enforcement agency, law | 24 | | enforcement official, or other person or entity who violates | 25 | | any provision of this Act. These remedies are in addition to, | 26 | | and not in substitution for, other available remedies.
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| 1 | | Section 97. Severability. If any provision of this Act or | 2 | | its application to any person or circumstances is held | 3 | | invalid, the invalidity of that provision or application does | 4 | | not affect other provisions or applications of this Act that | 5 | | can be given effect without the invalid provision or | 6 | | application. | 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law. |
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