Bill Text: IL HB0929 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning bail bond.

Spectrum: Partisan Bill (Democrat 26-1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0929 Detail]

Download: Illinois-2011-HB0929-Amended.html

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Rep. Daniel J. Burke

Filed: 4/13/2011

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AMENDMENT TO HOUSE BILL 929
AMENDMENT NO. ______. Amend House Bill 929, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Code of Criminal Procedure of 1963 is
amended by adding Article 124C as follows:
(725 ILCS 5/Art. 124C heading new)
ARTICLE 124C. SMART ENFORCEMENT LAW
(725 ILCS 5/124C-1 new)
Sec. 124C-1. Short title. This Article may be cited as the
Smart Enforcement Law.
(725 ILCS 5/124C-5 new)
Sec. 124C-5. Preamble and findings.
(a) The State of Illinois is committed to upholding our

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criminal laws and in imposing appropriate penalties for those
convicted of criminal offenses. In the case of noncitizens of
the United States, the consequences of criminal convictions may
include removal from the United States by U.S. Immigration and
Customs Enforcement (ICE).
(b) In 2007, in enacting Public Law 110-161, 121 Stat.
1844, 2365, Congress provided initial appropriations to
"improve and modernize efforts to identify aliens convicted of
a crime, sentenced to imprisonment, and who may be deportable,
and remove them from the United States once they are judged
deportable". ICE has used this funding to create the "Secure
Communities" program, through which ICE receives and reviews
fingerprints that local police take for criminal suspects upon
booking.
(c) Illinois participates in the "Secure Communities"
pursuant to a Memorandum of Agreement entered into by ICE and
the Illinois State Police on November 2, 2009. ICE is
implementing the program in counties throughout Illinois and
intends to cover the entire nation by 2013.
(d) Contrary to the goal, stated by Congress and affirmed
by ICE, of identifying and removing noncitizens convicted of
crimes, "Secure Communities" has largely been identifying
individuals with no criminal convictions for ICE arrest and
removal. Through February 2011, 46.5% of individuals arrested
by ICE under "Secure Communities" had no convictions.
(e) "Secure Communities" imposes additional costs upon

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county jails and other local law enforcement by requiring that
the jails hold individuals who may otherwise be released. The
costs of these holds are borne by local taxpayers.
(f) By subjecting individuals with no criminal convictions
to removal, "Secure Communities" disrupts families and
communities, encourages racial and ethnic profiling, burdens
taxpayers, and poses harm to our State as a whole.
(g) Because the "Secure Communities" program is straying so
far from its stated goals, at significant cost to families and
communities, the State must monitor and review the impact of
this program to determine whether it is indeed benefiting the
people of Illinois.
(h) ICE itself has been unclear and uncertain as to whether
counties and local jurisdictions can choose not to participate
in "Secure Communities", even if they believe that the program
would harm their communities. The State should accordingly
enable counties and local jurisdictions to refuse to
participate should they choose to do so.
(725 ILCS 5/124C-10 new)
Sec. 124C-10. Participation in the U.S. Immigration and
Customs Enforcement "Secure Communities" Program.
(a) This Section pertains to the U.S. Immigration and
Customs Enforcement (ICE) "Secure Communities" Program, in
which Illinois participates pursuant to a "Memorandum of
Agreement Between the U.S. Department of Homeland Security

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Immigration and Customs Enforcement and the Illinois State
Police" entered into on November 2, 2009.
(b) The Illinois State Police shall identify a means by
which a local law enforcement agency may request to withhold
its participation in the "Secure Communities" program, and
shall facilitate any such request to the appropriate federal
agencies.
(c)(1) Any county participating in the "Secure
Communities" program shall submit to the Illinois State Police,
in a form and manner to be determined by the Illinois State
Police, the following information:
(A) the number of individuals held by the county's jail
during each calendar month pursuant to a detainer issued by
ICE requesting that the jail hold an individual until ICE
takes that individual into its custody;
(B) with respect to those individuals subject to such
detainers:
(i) the charge or charges for which the individual
was arrested;
(ii) to the extent known by the county, whether the
arrest occurred after a traffic stop, after a Terry
stop, pursuant to an arrest warrant, or under other
circumstances relating to warrantless arrests;
(iii) the charge or charges if any for which the
individual was arraigned and prosecuted;
(iv) the disposition of the criminal charge or

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charges described in clause (iii) of this paragraph
(1), and the date of the disposition;
(v) whether bond was posted for the individual, and
if so, the date on which bond was posted;
(vi) the length of time (in days) the individual
was held in the jail's custody;
(vii) whether ICE took the individual into
custody, and if so, the date on which ICE took custody;
(viii) the cost incurred by the county for holding
these individuals subject to the ICE detainer beyond
the date on which bond was posted or they otherwise
became subject to release, and whether the county
requested reimbursement for any federal agency to
cover expenses arising from the ICE detainers;
(ix) the individual's national origin, if
voluntarily reported by the individual, provided that
nothing in this reporting requirement shall be
construed to require that the county determine or
inquire into the national origin of any such
individuals, or to authorize any law enforcement
agencies to compel such individuals to provide this
information;
(x) to the extent known by the county, whether the
detainer arose pursuant to the "Secure Communities"
program, the ICE Criminal Alien Program, an "immigrant
alien query" requested by the arresting law

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enforcement agency, or other means.
(2) The Illinois State Police shall arrange for the data
collected pursuant to paragraph (1) of this subsection (c) to
be made available to the public.
(d) As a condition for its continued participation in the
"Secure Communities" program, the State of Illinois shall
modify its Memorandum of Agreement with ICE to provide that, in
line with ICE's Congressional authorization of identifying
"aliens convicted of a crime, sentenced to imprisonment, and
who may be deportable," Public Law 110-161, 121 Stat. 1844,
2365 (2007), no Illinois arrest record information regarding
any individual may be analyzed by ICE through the "Secure
Communities" program unless such individual has been convicted
of a criminal offense.
Section 99. Effective date. This Act takes effect upon
becoming law.".