102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5738
 
Introduced , by Rep. Justin Slaughter
 
SYNOPSIS AS INTRODUCED:
 

 
65 ILCS 5/11-1-15 new

     Amends the Illinois Municipal Code. Defines terms. Provides that a police department in a municipality with a population greater than 250,000 shall report its clearance rate on an annual basis to the city council or board of trustees of the municipality. Provides that, if the city council or board of trustees of the municipality determines that the department's clearance rate report is in compliance with the requirements of the Section, the city council or board of trustees of the municipality shall submit the department's compliant clearance rate report to the Illinois State Police. Effective January 1, 2023.
  


LRB102 27011 AWJ 38275 b

 
 
A BILL FOR
 

  
HB5738LRB102 27011 AWJ 38275 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Municipal Code is amended  by 
5adding Section 11-1-15 as follows:
 
6    (65 ILCS 5/11-1-15 new)
7    Sec. 11-1-15. Clearance rate reporting in municipalities 
8over 250,000.
9    (a) As used in this Section:
10    "Clearance" or "cleared" means either of the following: 
11        (1) "clearance by arrest" occurs when at least one 
12    person has been arrested, charged with the commission of 
13    the offense, and prosecution has begun in court; or 
14        (2) "clearance by exceptional means" occurs when 
15    elements beyond the police's control prevent the 
16    department from arresting and formally charging the 
17    offender and the following 4 conditions are met: 
18            (A) the offender was identified; 
19            (B) the department gathered enough evidence to 
20        support an arrest, make a charge, and turn over the 
21        offender for prosecution in court; 
22            (C) the offender's exact location was identified 
23        so that the suspect could be taken into custody 
 
 
HB5738- 2 -LRB102 27011 AWJ 38275 b

1        immediately; and 
2            (D) the department encountered a circumstance 
3        outside the control of the department that prohibits 
4        the department from arresting, charging, and 
5        prosecuting the offender. 
6    "Clearance rate" means the number of cases cleared 
7compared to the number of cases not cleared. 
8    (b) A police department in a municipality with a 
9population greater than 250,000 shall report its clearance 
10rate on an annual basis to the city council or board of 
11trustees of the municipality. The department's reporting of 
12clearance rates shall distinguish the form of clearance for 
13each crime incident reported to have been cleared and why that 
14form of clearance applies to each crime. 
15    (c) On an annual basis, the city council or board of 
16trustees of the municipality shall determine whether the 
17clearance rate report of its police department is in 
18compliance with the requirements of this Section by a simple 
19majority vote of the city council or board of trustees. 
20    (d) If the city council or board of trustees of the 
21municipality determines that the department's clearance rate 
22report is in compliance with the requirements of this Section, 
23the city council or board of trustees of the municipality 
24shall submit the department's compliant clearance rate report 
25to the Illinois State Police. 
 
 
26    Section 99. Effective date. This Act takes effect January 
 
 
HB5738- 3 -LRB102 27011 AWJ 38275 b

11, 2023.