HB5419 102ND GENERAL ASSEMBLY

LRB102 20704 RLC 35358 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5419

Introduced 1/31/2022, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 3930/7.10 new
725 ILCS 215/2	from Ch. 38, par. 1702
725 ILCS 215/3	from Ch. 38, par. 1703
730 ILCS 5/5-8-1	from Ch. 38, par. 1005-8-1

Creates the Martyr For Justice Act. Creates a Task Force on Murdered Children in Chicago. Provides that the Task Force must examine and report annually to the Governor and the General Assembly on the following: (1) the systemic causes behind firearm violence that Chicago children experience, including patterns and underlying factors that explain why disproportionately high levels of firearm violence occur against Chicago Children, including underlying historical, social, economic, institutional, and cultural factors that may contribute to the gun violence; (2) appropriate methods for tracking and collecting data on violence against Chicago children, including data on murdered Chicago children; (3) policies and institutions such as policing, child welfare, medical examiner practices, and other governmental practices that impact firearm violence against children; and (4) measures to help victim's siblings process the death and cope with loss. Creates the Martyr For Justice Project to engage and offer resource guidance to the families of children who are the victims of firearm violence, including those children injured or killed with firearms. Amends the Illinois Criminal Justice Information Act to provide grants to the Chicago Police Department to assist in the investigation of murders of persons under 13 years of age. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute first degree murder of a person under 13 years of age, if the State's Attorney fails to prosecute the case. Amends the Unified Code of Corrections. Provides that a defendant, who is not the parent, guardian, or legal custodian of the murdered person, who is convicted of the first degree murder of a person under 13 years of age shall be sentenced to a term of natural life imprisonment.

A BILL FOR

AN ACT concerning murdered children in Chicago.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Martyr For Justice Act. This Act may be referred to as the MJ Act.

Section 3. Findings. The General Assembly finds that:

There are over 1,000,000 juvenile gang members in the United States, an average of 2% of youth in the United States, with involvement highest at age 14, when about 5% of youth are members of juvenile gangs. Although local, state, and federal budgets in public health, criminal justice, education, and community services currently address the aftermath of youth joining juvenile gangs, a large majority of youth who join a juvenile gang do so at the ages between 11 and 15.

Early prevention is the key to preventing youth from joining juvenile gangs.

There has been a sharp increase of children under 13 years of age murdered as result of gang violence, and there has been a sharp increase of children under 13 years of age murdered as result of gang violence.

Mitigation efforts are necessary to stem youths as young as 13 years of age from joining juvenile gangs.

Stemming juvenile gang activity among youth will reduce the number of murders of children under 13 years of age, especially in the City of Chicago.

Section 5. Definitions. In this Act:

"Director" means the Director of the Illinois State Police.

"Nongovernmental organization" means a not for profit, nongovernmental organization that provides legal, social, or other community services.

"Task Force" means the Task Force on Murdered Children in Chicago.

Section 10. Task Force on Murdered Children in Chicago.

(a) There is created the Task Force on Murdered Children in Chicago, appointed by the Director of the Illinois State Police, in consultation with the Chicago Police Superintendent, consisting of the following persons or their designees who are not members of the General Assembly and who are involved in investigative work on firearm violence against children:

(1) members of the Martyr For Justice Project Board of Directors;

(2) a psychiatrist specializing in the treatment of children;

(3) a liaison representing the medical profession;

(4) a liaison representing police officers;

(5) a liaison representing each of the major political parties of this State whose candidate for Governor in the general election for Governor preceding his or her appointment received at least 5% of the total votes cast for Governor;

(6) a parent of a child under 18 years of age who was murdered;

(7) two members from among the following appointed by the Director:

(A) an association representing Illinois chiefs of Police;

(B) an association representing Illinois sheriffs;

(C) an officer who is employed by the Illinois State Police; and

(D) an association representing Illinois peace officers;

(8) one or more representatives from among the following appointed by the Director:

(A) an association representing State's Attorneys;

(B) an attorney representing the United States District Attorney's Office in Chicago;

(C) a circuit judge, associate judge, or attorney working in juvenile court; and

(D) the Cook County Medical Examiner, or his or her designee, or a representative from a statewide coroner's or medical examiner's association or a representative of the Department of Public Health;

(9) two members of the Senate, one appointed by the President of the Senate and one appointed by the Minority Leader of the Senate; and

(10) two members of the House of Representatives, one appointed by the Speaker of the House of Representatives and one appointed by the Minority Leader of the House of Representatives.

(b) If a vacancy occurs on the Task Force, it shall be filled in the same manner as the initial appointment.

(c) Unless otherwise provided for in this Act, members of the Task Force shall be appointed for 2-year terms.

(d) The Task Force shall advise the Director and the Chicago Police Superintendent and shall report to the Governor and General Assembly on recommended resource guidance.

(e) The Task Force may also serve as a liaison between the Director, the Chicago Police Superintendent, and agencies and nongovernmental organizations that provide awareness-specific services to victims, victims' families, and victims' communities.

(f) Task Force members shall serve without compensation but may, subject to appropriation, receive reimbursement for their expenses as members of the Task Force.

(g) The Director shall convene the first meeting of the Task Force no later than 30 days after the appointment of a majority of the members of the Task Force. The Task Force members shall annually elect a chair and vice-chair from among the Task Force's members, and may elect other officers as necessary. The Task Force shall meet at least quarterly, or upon the call of its chair, and may hold meetings throughout the City of Chicago. The Task Force shall meet frequently enough to accomplish the tasks identified in this Section. Meetings of the Task Force are subject to the Open Meetings Act.

(h) The Illinois State Police shall provide administrative support for the Task Force.

(i) The Task Force must examine and report annually to the Governor and the General Assembly on the following:

(1) the systemic causes behind firearm violence that Chicago children experience, including patterns and underlying factors that explain why disproportionately high levels of firearm violence occur against Chicago Children, including underlying historical, social, economic, institutional, and cultural factors that may contribute to the gun violence;

(2) appropriate methods for tracking and collecting data on violence against Chicago children, including data on murdered Chicago children;

(3) policies and institutions such as policing, child welfare, medical examiner practices, and other governmental practices that impact firearm violence against children; and

(4) measures to help victim's siblings process the death and cope with loss.

(j) The Task Force shall report on or before December 31 of 2023, and on or before December 31 of each year thereafter, to the General Assembly and the Governor on the work of the Task Force, including but not limited to, the issues to be examined in subsection (i), and shall include in the annual report recommendations regarding institutional policies and practices or proposed institutional policies and practices that are effective to increase convictions.

Section 15. Martyr For Justice Project.

(a) There is created a not for profit organization to be known as the Martyr For Justice Project. In accordance with the State Agency Entity Creation Act, the Secretary of Human Services shall file, within 60 days after the effective date of this Act, articles of incorporation under the General Not For Profit Corporation Act of 1986 for the creation of this Organization. The Organization shall meet the criteria of Section 501(c)(4) of the Internal Revenue Code of 1986 and shall apply for status as a Section 501(c)(4) organization with the Internal Revenue Service. The Organization shall, not later than 60 days after the organization is established, notify the United States Secretary of the Treasury (in such manner as the Secretary shall by regulation prescribe) that it is operating as such as provided in Section 506 of the Internal Revenue Code of 1986.

(b) The Organization shall be composed of a board of directors consisting of 7 members, 2 appointed by the Secretary of Human Services, 2 appointed by the Director of Children and Family Services, and 3 appointed by the Director of the Illinois State Police in consultation with the Chicago Police Superintendent. Two of the initial appointees shall serve a one-year term; 2 shall serve 2-year terms; and the remaining 3 directors shall serve 4-year terms. Vacancies shall be filled by the appointing authority of the vacant member. After their initial appointments, each director shall serve a term of 4 years. The directors shall be composed of persons who provide advocacy for children in Chicago in the fields of education, health care, early childhood development, poverty reduction, child welfare, or youth justice. The directors shall initially meet within 30 days after their appointments. The initial meeting shall be convened by the Secretary of Human Services or his or her designee. At the initial meeting, the board of directors shall elect from among its members a chair, secretary, and such other officers as it deems appropriate.

(c) The Organization shall engage and offer resource guidance to the families of children who are the victims of firearm violence, including those children injured or killed with firearms. The Organization shall interact with the surviving parents of children under 13 years of age murdered and injured as a result of firearm violence, with a focus on transforming how the legal system prioritizes child murder investigations and convictions.

Section 90. The Illinois Criminal Justice Information Act is amended by adding Section 7.10 as follows:

(20 ILCS 3930/7.10 new)

Sec. 7.10. Grants to Chicago Police Department.

(a) The Authority shall make grants to the Chicago Police Department to increase police investigation efforts for all unsolved murders of children under 13 years of age and for the purpose of dedicating at least 10 Chicago Police officers to further open investigations in Chicago for those unsolved murders. If the Chicago Police Department is unable to provide 10 officers for those investigations, it shall seek the assistance of the Federal Bureau of Investigation if the Bureau has jurisdictions in those cases.

(b) The Authority shall make grants to the Chicago Police Department to increase incentives for persons to give information to the Chicago Police Department on any firearm deaths of persons under 13 years of age.

Section 95. The Statewide Grand Jury Act is amended by changing Sections 2 and 3 as follows:

(725 ILCS 215/2) (from Ch. 38, par. 1702)

Sec. 2. (a) County grand juries and State's Attorneys have always had and shall continue to have primary responsibility for investigating, indicting, and prosecuting persons who violate the criminal laws of the State of Illinois. However, in recent years organized terrorist activity directed against innocent civilians and certain criminal enterprises have developed that require investigation, indictment, and prosecution on a statewide or multicounty level. The criminal enterprises exist as a result of the allure of profitability present in narcotic activity, the unlawful sale and transfer of firearms, and streetgang related felonies and organized terrorist activity is supported by the contribution of money and expert assistance from geographically diverse sources. In order to shut off the life blood of terrorism and weaken or eliminate the criminal enterprises, assets, and property used to further these offenses must be frozen, and any profit must be removed. State statutes exist that can accomplish that goal. Among them are the offense of money laundering, violations of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012, the Narcotics Profit Forfeiture Act, and gunrunning. Local prosecutors need investigative personnel and specialized training to attack and eliminate these profits. In light of the transitory and complex nature of conduct that constitutes these criminal activities, the many diverse property interests that may be used, acquired directly or indirectly as a result of these criminal activities, and the many places that illegally obtained property may be located, it is the purpose of this Act to create a limited, multicounty Statewide Grand Jury with authority to investigate, indict, and prosecute: narcotic activity, including cannabis and controlled substance trafficking, narcotics racketeering, money laundering, violations of the Cannabis and Controlled Substances Tax Act, and violations of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012; the unlawful sale and transfer of firearms; gunrunning; and streetgang related felonies.

(b) A Statewide Grand Jury may also investigate, indict, and prosecute violations facilitated by the use of a computer of any of the following offenses: first degree murder of a person under 13 years of age, if the State's Attorney fails to prosecute the case, indecent solicitation of a child, sexual exploitation of a child, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, juvenile pimping, child pornography, aggravated child pornography, or promoting juvenile prostitution except as described in subdivision (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012.

(Source: P.A. 101-593, eff. 12-4-19.)

(725 ILCS 215/3) (from Ch. 38, par. 1703)

Sec. 3. Written application for the appointment of a Circuit Judge to convene and preside over a Statewide Grand Jury, with jurisdiction extending throughout the State, shall be made to the Chief Justice of the Supreme Court. Upon such written application, the Chief Justice of the Supreme Court shall appoint a Circuit Judge from the circuit where the Statewide Grand Jury is being sought to be convened, who shall make a determination that the convening of a Statewide Grand Jury is necessary.

In such application the Attorney General shall state that the convening of a Statewide Grand Jury is necessary because of an alleged offense or offenses set forth in this Section involving more than one county of the State and identifying any such offense alleged; and

(a) that he or she believes that the grand jury function for the investigation and indictment of the offense or offenses cannot effectively be performed by a county grand jury together with the reasons for such belief, and

(b)(1) that each State's Attorney with jurisdiction over an offense or offenses to be investigated has consented to the impaneling of the Statewide Grand Jury, or

(2) if one or more of the State's Attorneys having jurisdiction over an offense or offenses to be investigated fails to consent to the impaneling of the Statewide Grand Jury, the Attorney General shall set forth good cause for impaneling the Statewide Grand Jury.

If the Circuit Judge determines that the convening of a Statewide Grand Jury is necessary, he or she shall convene and impanel the Statewide Grand Jury with jurisdiction extending throughout the State to investigate and return indictments:

(a) For violations of any of the following or for any other criminal offense committed in the course of violating any of the following: Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012, the Illinois Controlled Substances Act, the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, or the Narcotics Profit Forfeiture Act; first degree murder of a person under 13 years of age, if the State's Attorney fails to prosecute the case; a streetgang related felony offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of 2012; or a money laundering offense; provided that the violation or offense involves acts occurring in more than one county of this State; and

(a-5) For violations facilitated by the use of a computer, including the use of the Internet, the World Wide Web, electronic mail, message board, newsgroup, or any other commercial or noncommercial on-line service, of any of the following offenses: indecent solicitation of a child, sexual exploitation of a child, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, juvenile pimping, child pornography, aggravated child pornography, or promoting juvenile prostitution except as described in subdivision (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012; and

(b) For the offenses of perjury, subornation of perjury, communicating with jurors and witnesses, and harassment of jurors and witnesses, as they relate to matters before the Statewide Grand Jury.

"Streetgang related" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

Upon written application by the Attorney General for the convening of an additional Statewide Grand Jury, the Chief Justice of the Supreme Court shall appoint a Circuit Judge from the circuit for which the additional Statewide Grand Jury is sought. The Circuit Judge shall determine the necessity for an additional Statewide Grand Jury in accordance with the provisions of this Section. No more than 2 Statewide Grand Juries may be empaneled at any time.

(Source: P.A. 101-593, eff. 12-4-19.)

Section 100. The Unified Code of Corrections is amended by changing Section 5-8-1 as follows:

(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms.

(a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, subject to Section 5-4.5-115 of this Code, according to the following limitations:

(1) for first degree murder,

(a) (blank),

(b) if a trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) or (b-5) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 are present, the court may sentence the defendant, subject to Section 5-4.5-105, to a term of natural life imprisonment, or

(c) the court shall sentence the defendant to a term of natural life imprisonment if the defendant, at the time of the commission of the murder, had attained the age of 18, and:

(i) has previously been convicted of first degree murder under any state or federal law, or

(ii) is found guilty of murdering more than one victim, or

(iii) is found guilty of murdering a peace officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or

(iv) is found guilty of murdering an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or

(v) is found guilty of murdering an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or

(vi) (blank), or

(vii) is found guilty of first degree murder and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012, or

(viii) is found guilty of murdering a person under 13 years of age and the defendant is not the parent, guardian, or legal custodian of the murdered person.

For purposes of clause (v), "emergency medical technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.

(d)(i) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;

(ii) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;

(iii) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(2) (blank);

(2.5) for a person who has attained the age of 18 years at the time of the commission of the offense and who is convicted under the circumstances described in subdivision (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 or paragraph (2) of subsection (d) of Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) of subsection (b) of Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012, the sentence shall be a term of natural life imprisonment.

(b) (Blank).

(c) (Blank).

(d) Subject to earlier termination under Section 3-3-8, the parole or mandatory supervised release term shall be written as part of the sentencing order and shall be as follows:

(1) for first degree murder or for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or before December 12, 2005, 3 years;

(1.5) except as provided in paragraph (7) of this subsection (d), for a Class X felony except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 18 months;

(2) except as provided in paragraph (7) of this subsection (d), for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 12 months;

(3) except as provided in paragraph (4), (6), or (7) of this subsection (d), a mandatory supervised release term shall not be imposed for a Class 3 felony or a Class 4 felony; unless:

(A) the Prisoner Review Board, based on a validated risk and needs assessment, determines it is necessary for an offender to serve a mandatory supervised release term;

(B) if the Prisoner Review Board determines a mandatory supervised release term is necessary pursuant to subparagraph (A) of this paragraph (3), the Prisoner Review Board shall specify the maximum number of months of mandatory supervised release the offender may serve, limited to a term of: (i) 12 months for a Class 3 felony; and (ii) 12 months for a Class 4 felony;

(4) for defendants who commit the offense of predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after December 13, 2005 (the effective date of Public Act 94-715), or who commit the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;

(5) if the victim is under 18 years of age, for a second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic monitoring or home detention program under Article 8A of Chapter V of this Code;

(6) for a felony domestic battery, aggravated domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection, 4 years;

(7) for any felony described in paragraph (a)(2)(ii), (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 3-6-3 of the Unified Code of Corrections requiring an inmate to serve a minimum of 85% of their court-imposed sentence, except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009 and except as provided in paragraph (4) or paragraph (6) of this subsection (d), the term of mandatory supervised release shall be as follows:

(A) Class X felony, 3 years;

(B) Class 1 or Class 2 felonies, 2 years;

(C) Class 3 or Class 4 felonies, 1 year.

(e) (Blank).

(f) (Blank).

(g) Notwithstanding any other provisions of this Act and of Public Act 101-652: (i) the provisions of paragraph (3) of subsection (d) are effective on January 1, 2022 and shall apply to all individuals convicted on or after the effective date of paragraph (3) of subsection (d); and (ii) the provisions of paragraphs (1.5) and (2) of subsection (d) are effective on July 1, 2021 and shall apply to all individuals convicted on or after the effective date of paragraphs (1.5) and (2) of subsection (d).

(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21.)