Bill Text: IL HB5808 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that, not later than 90 days after the effective date of the amendatory Act, each municipality which has a police department must begin performing a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve such deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police department and promote community engagement to foster trust, fairness, and legitimacy and to address any racial bias and disproportionate policing of communities of color. Requires adoption of a plan and implementation of the plan no later than January 1, 2022. Provides that the minimum requirements of the plan shall include: reorganization of the police department to include community mental health and social service resources within each police department; and reallocation of a portion of a municipality's police department budget by investing in communities, especially marginalized ones, where much of the policing occurs to provide support to the people and services in those marginalized communities. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5808 Detail]

Download: Illinois-2019-HB5808-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5808 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-1-15 new
30 ILCS 805/8.45 new
Amends the Illinois Municipal Code. Provides that, not later than 90 days after the effective date of the amendatory Act, each municipality which has a police department must begin performing a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve such deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police department and promote community engagement to foster trust, fairness, and legitimacy and to address any racial bias and disproportionate policing of communities of color. Requires adoption of a plan and implementation of the plan no later than January 1, 2022. Provides that the minimum requirements of the plan shall include: reorganization of the police department to include community mental health and social service resources within each police department; and reallocation of a portion of a municipality's police department budget by investing in communities, especially marginalized ones, where much of the policing occurs to provide support to the people and services in those marginalized communities. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by adding
Section 11-1-15 as follows:
(65 ILCS 5/11-1-15 new)
Sec. 11-1-15. Reallocation of police department funds;
restructure of police departments.
(a) Not later than 90 days after the effective date of this
amendatory Act of the 101st General Assembly, each municipality
which has a police department must begin performing a
comprehensive review of current police force deployments,
strategies, policies, procedures, and practices, and develop a
plan to improve such deployments, strategies, policies,
procedures, and practices, for the purposes of addressing the
particular needs of the communities served by such police
department and promote community engagement to foster trust,
fairness, and legitimacy and to address any racial bias and
disproportionate policing of communities of color.
Each mayor of a municipality shall convene the chief of
police and stakeholders in the community to develop such plan,
which shall consider evidence-based policing strategies,
including, but not limited to, use of force policies,

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procedural justice, any studies addressing systemic racial
bias or racial justice in policing, implicit bias awareness
training, de-escalation training and practices, law
enforcement assisted diversion programs, restorative justice
practices, community-based outreach and conflict resolution,
problem-oriented policing, hot spots policing, focused
deterrence, crime prevention through environmental design,
violence prevention and reduction interventions, model
policies, and guidelines and standards promulgated by the
Illinois Law Enforcement Training Standards Board.
The municipality, in coordination with its police
department, must also consult with other stakeholders in
creation of the plan, including, but not limited to: membership
and leadership of the local police department; members of the
community, with emphasis in areas with high numbers of police
and community interactions; interested non-profit and
faith-based community groups; the State's Attorney; the Public
Defender; and local elected officials.
(b) The municipality must create a plan to adopt based upon
the recommendations resulting from its review and consultation
as provided in subsection (a), including any modifications,
modernizations, and innovations to its policing deployments,
strategies, policies, procedures, and practices, tailored to
the specific needs of the community and general promotion of
improved police department and community relationships based
on trust, fairness, accountability, and transparency and which

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seek to reduce any racial disparities in policing.
The plan shall be offered for public comment to all
citizens in the municipality and, after consideration of such
comments, shall be presented to the city council, which shall
adopt the plan by ordinance or resolution, as appropriate, and
implement the plan no later than January 1, 2022.
Each municipality shall submit the adopted plan and
verification of implementation of the plan to the Governor and
the General Assembly by February 1, 2022.
Each municipality shall review and revise, as necessary,
the plan at least every 2 years and shall resubmit to the
Governor and General Assembly a copy of the reviewed or updated
plan.
(c) Each plan adopted and implemented under this Section
shall, at a minimum, contain the following components:
(1) Reallocation of some, but not all, police
department funds within the current police budgeting to
reorganize the police department to include community
mental health and social service resources so first
responders are those who are best equipped to deal with
each situation that requires emergency assistance.
Reallocation shall include, but is not limited to,
reinvesting police department funds into police department
resources for domestic violence and homelessness and to aid
funding of schools, hospitals, housing, and food in
marginalized communities.

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(2) Within each police department, there must be a
component of mental health and social services, including,
but not limited to:
(A) Ensuring that first responders include mental
health providers, social workers, victim advocates,
and other community members in less visible roles.
(B) Ensuring that law and order is abetted through
education, jobs, and mental health services.
(3) Reallocation of a portion of a municipality's
police department budget by investing in communities,
especially marginalized ones, where much of the policing
occurs to provide support to the people and services in
those marginalized communities.
(d) A home rule municipality may not adopt a police
department organization or budget in a manner inconsistent with
this Section. This Section is a limitation under subsection (i)
of Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(e) The provisions of this Section are notwithstanding any
other provision of law and, to the extent any other provision
of law conflicts with this Section, this Section prevails.
Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:

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(30 ILCS 805/8.45 new)
Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 101st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.