Illinois General Assembly - Full Text of HB1643
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Full Text of HB1643  101st General Assembly

HB1643 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1643

 

Introduced , by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3930/7.3 new
20 ILCS 3930/7.3-2 new
20 ILCS 3930/7.3-5 new
730 ILCS 5/5-6-3.6

    Amends the Illinois Criminal Justice Information Act. Provides that within 60 days after the effective date of the amendatory Act, the Illinois Criminal Justice Information Authority shall identify geographic areas eligible to be designated by the Safe and Full Coordinating Board as a Safe and Full Employment Zone ("SAFE Zone") and shall send to the Legislative Audit Commission and make publicly available its analysis and development of the SAFE Zones. Provides that the criteria for these SAFE Zones shall be used to prioritize State funding and provide various services throughout the State. Creates the Safe and Full Employment Coordinating Board to develop and implement a plan for designating SAFE Zones. Provides that the design of programs and budget requirements in SAFE Zones shall be developed by Local Economic Growth Councils. Amends the Unified Code of Corrections. Provides that the First Time Weapon Offender Program shall be implemented by the Safe and Full Employment Coordinating Board. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1643LRB101 08615 SLF 53694 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the SAFE Zone
5Law.
 
6    Section 5. Legislative findings.
7    (a) The General Assembly finds that some communities of
8this State are ravaged by violence and that a substantial and
9disproportionate amount of serious crimes are committed by
10persons who unlawfully possess firearms. In many of these
11communities, there is high unemployment and poverty fueled by
12incarceration and other barriers to employment after release.
13Aggressive and tailored approaches to address these outcomes
14are required.
15    (b) The General Assembly finds that violence should be
16viewed as a public health crisis that requires identifying and
17building on community assets leading to investment in job
18creation, housing, employment training, child care, healthcare
19and other services.
20    (c) To carry out this intent, the General Assembly declares
21the following purposes of this Law:
22        (1) to protect communities from gun violence through
23    targeted intervention programs, including economic growth

 

 

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1    and improving family violence prevention, community trauma
2    treatment rates, gun injury victim services, and public
3    health prevention activities;
4        (2) to substantially reduce both the total amount of
5    gun violence and concentrated poverty in this State;
6        (3) to intervene with persons who violate gun
7    possession laws in a risk-responsive manner that decreases
8    the likelihood of any future violent incidents and equips
9    those who have previously violated gun laws to live
10    responsibly and safely; and
11        (4) to promote employment infrastructure in community
12    areas with the highest concentrations of gun violence and
13    unemployment due to incarceration and resulting criminal
14    records.
15    (d) The ability of children, teenagers, and young adults to
16participate freely in education, employment, and civic life
17without any exposure to illegal weapons or gun violence,
18facilitating their safe and economically stable future
19prospects, shall be the central purpose of any initiatives
20included in this Law.
 
21    Section 15. The Illinois Criminal Justice Information Act
22is amended by adding Sections 7.3, 7.3-2, and 7.3-5 as follows:
 
23    (20 ILCS 3930/7.3 new)
24    Sec. 7.3. Safe and full employment zones. Within 60 days

 

 

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1after the effective date of this amendatory Act of the 101st
2General Assembly, the Authority shall identify those
3geographic areas eligible to be designated by the Safe and Full
4Employment Coordinating Board as a Safe and Full Employment
5Zone ("SAFE Zone"), as outlined in subsection (c) of Section
67.3-2.
7    (a) Qualifications for a SAFE Zone are as follows:
8        (1) An area of extremely high gun violence and economic
9    destabilization shall be qualified to become a SAFE Zone
10    where, based on analysis of concentrated geographic areas,
11    by census tract if possible, that area:
12            (A) contains high gunshot hospitalization and
13        mortality per capita; and
14            (B) contains a high rate of returning citizens
15        following incarceration at the Department of
16        Corrections.
17The Authority shall send to the Legislative Audit Commission
18and make publicly available its analysis and development of the
19SAFE Zones and shall reevaluate and re-designate SAFE Zones
20every 4 years.
21    (b) Prioritization of spending in SAFE Zones shall be as
22follows:
23        (1) In the first full fiscal year after the effective
24    date of this amendatory Act of the 101st General Assembly,
25    the Department of Human Services, Department of Public
26    Health, Department of Juvenile Justice, Illinois Criminal

 

 

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1    Justice Information Authority, Department of Commerce and
2    Economic Opportunity, Department of Healthcare and Family
3    Services, to the extent permitted by federal law, and other
4    relevant State agencies as designated by the Governor and
5    the Safe and Full Employment Coordinating Board as defined
6    in Section 7.3-2 shall give first priority, within the
7    agency granting authority, to programs providing services
8    that are effective in violence reduction and trauma
9    recovery for SAFE Zones. Federal, State, and local spending
10    on job creation, housing, employment training, child care,
11    healthcare and services to combat community disinvestment
12    that breeds violence shall be prioritized in SAFE Zones.
13    The Governor shall include and outline SAFE Zone spending
14    in his or her annual State budget submitted under Section
15    50-5 of the State Budget Law.
16        (2) For the first 2 fiscal years after the effective
17    date of this amendatory Act of the 101st General Assembly,
18    the goal for funding is no less than 5% if otherwise
19    permitted under federal law. Beginning the third fiscal
20    year after the effective date of this amendatory Act of the
21    101st General Assembly, and every fiscal year thereafter,
22    the prioritization to SAFE Zones shall be no less than 5%
23    if otherwise permitted under federal law. The
24    prioritization to SAFE Zones shall in no case be more than
25    20% of current programmatic funding if otherwise permitted
26    under federal law.

 

 

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1    (c) The Authority may adopt rules to implement the SAFE
2Zone provisions under this Act.
 
3    (20 ILCS 3930/7.3-2 new)
4    Sec. 7.3-2. Safe and Full Employment Coordinating Board.
5    (a) In this Section, "public health approach" means
6addressing violence and violence prevention by treating the
7individual and community symptoms and causes of violence
8through rigorously researched methods. Treatment shall include
9multi-tiered and interdisciplinary approaches involving
10stakeholders from diverse sectors, including the people
11impacted by violence, public agencies, and community-based
12organizations.
13    (a-5) There is created a Safe and Full Employment
14Coordinating Board. The Board shall be composed of the
15following members:
16        (1) the Governor, or his or her designee, who shall
17    serve as chair;
18        (2) the Director of Corrections, or his or her
19    designee;
20        (3) the Director of Revenue, or his or her designee;
21        (4) the Director of Juvenile Justice, or his or her
22    designee;
23        (5) the Director of Healthcare and Family Services, or
24    his or her designee;
25        (6) the Secretary of Human Services, or his or her

 

 

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1    designee;
2        (7) the Director of Public Health, or his or her
3    designee;
4        (8) the Director of Commerce and Economic Opportunity,
5    or his or her designee;
6        (9) the Director of Employment Security, or his or her
7    designee;
8        (10) the Director of State Police, or his or her
9    designee;
10        (11) the Director of the Governor's Office of
11    Management and Budget, or his or her designee;
12        (12) the Director of the Illinois Criminal Justice
13    Information Authority, or his or her designee;
14        (13) the Attorney General, or his or her designee;
15        (14) a member of the Senate, designated by the
16    President of the Senate;
17        (15) a member of the House of Representatives,
18    designated by the Speaker of the House of Representatives;
19        (16) a member of the Senate, designated by the Minority
20    Leader of the Senate; and
21        (17) a member of the House of Representatives,
22    designated by the Minority Leader of the House of
23    Representatives.
24    (b) Within 30 days after SAFE Zones have been designated,
25the following shall be added as members of the Board:
26        (1) the highest elected public officials of all

 

 

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1    counties and municipal geographic jurisdictions in the
2    State which include a SAFE Zone;
3        (2) 6 providers from 6 geographically distinct areas of
4    the State, who receive funds to deliver services to treat
5    violence including, but not limited to, services such as
6    job placement and training, educational services, and
7    workforce development programming, appointed by the
8    Secretary of Human Services, in coordination with the
9    Illinois Criminal Justice Information Authority; and
10        (3) 2 persons who, within 24 months prior to being
11    designated, have received services from the providers
12    designated in paragraph (2) of this subsection (b), as
13    designated by those service providers.
14    (c) The Board shall meet quarterly and be staffed by the
15Governor's Office of Management and Budget. Within 4 months
16after the effective date of this amendatory Act of the 101st
17General Assembly, the Board shall develop and implement a plan
18for designating SAFE Zones under Section 7.3 and the selection
19process for Local Economic Growth Councils under Section 7.3-5.
20Within 4 months from the date the last Council plan is
21submitted and approved, the Board shall issue a statewide plan
22to implement the re-prioritization of funding under subsection
23(b) of Section 7.3. The plan shall follow a public health
24approach.
25    (d) The Board shall deliver an annual report to the General
26Assembly and to the Governor and be posted on Governor's Office

 

 

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1and General Assembly's websites and provide to the public an
2annual report on its progress.
3    (e) The Board shall monitor and collect data on
4intermediate and long-term positive outcome measures for its
5statewide plan and include that information in the annual
6report to the General Assembly, Governor, and the public
7beginning on December 31, 2020.
8    (f) There shall be a formal evaluation of the SAFE Zone Act
9implementation and outcomes every 4 years conducted by a public
10university selected by the Safe and Full Employment
11Coordinating Board. The evaluation shall reflect the outcomes
12incorporated and measured in each Council plan and also
13statewide positive outcomes to be measured for at least 4
14years. The report shall be sent to the Governor and the General
15Assembly and be posted on each website.
16    (g) The Board is subject to the Freedom of Information Act
17and the Open Meetings Act.
 
18    (20 ILCS 3930/7.3-5 new)
19    Sec. 7.3-5. SAFE Zone Local Economic Growth Councils.
20    (a) The design of programs and budget requirements in SAFE
21Zones shall be developed by Local Economic Growth Councils.
22Each Local Economic Growth Council shall be supported by
23technical assistance provided by the State agencies mandated to
24provide services under Sections 7.3 and 7.3-2 and by the
25Governor's Office of Management and Budget.

 

 

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1    (b) The process for the selection of members of the Local
2Economic Growth Councils shall be designed by the SAFE
3Coordinating Board, to permit maximum community participation
4and to result in Councils comprised of residents of the
5community who reflect the assets and strengths of the SAFE
6Zone.
7    (c) Each Local Economic Growth Council shall be established
8within 4 months of the effective date of this amendatory Act of
9the 101st General Assembly and be composed of a minimum of 20
10members and no more than 25 members as representatives who live
11within the SAFE Zone.
12    (d) Within 6 months after being established, each Local
13Economic Growth Council shall establish a 2-year plan and
14budget to address violence, reduce inappropriate
15incarceration, and expand economic opportunity within the SAFE
16Zone. The plan shall follow a public health approach and shall
17include positive outcome measures for persons benefiting from
18SAFE Zone investments, community asset outcomes, and include
19ways to track those outcomes over at least 4 years. That plan
20shall be reviewed and approved, or amended after agreement
21between the Local Economic Growth Council and the Safe and Full
22Employment Coordinating Board.
23    (e) Each Local Economic Growth Council is subject to the
24Freedom of Information Act and the Open Meetings Act.
 
25    Section 20. The Unified Code of Corrections is amended by

 

 

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1changing Section 5-6-3.6 as follows:
 
2    (730 ILCS 5/5-6-3.6)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 5-6-3.6. First Time Weapon Offender Program.
5    (a) The General Assembly has sought to promote public
6safety, reduce recidivism, and conserve valuable resources of
7the criminal justice system through the creation of diversion
8programs for non-violent offenders. This amendatory Act of the
9100th General Assembly establishes a pilot program for
10first-time, non-violent offenders charged with certain weapons
11offenses. The General Assembly recognizes some persons,
12particularly young adults in areas of high crime or poverty,
13may have experienced trauma that contributes to poor decision
14making skills, and the creation of a diversionary program poses
15a greater benefit to the community and the person than
16incarceration. Under this program, a court, with the consent of
17the defendant and the State's Attorney, may sentence a
18defendant charged with an unlawful use of weapons offense under
19Section 24-1 of the Criminal Code of 2012 or aggravated
20unlawful use of a weapon offense under Section 24-1.6 of the
21Criminal Code of 2012, if punishable as a Class 4 felony or
22lower, to a First Time Weapon Offender Program.
23    (b) A defendant is not eligible for this Program if:
24        (1) the offense was committed during the commission of
25    a violent offense as defined in subsection (h) of this

 

 

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1    Section;
2        (2) he or she has previously been convicted or placed
3    on probation or conditional discharge for any violent
4    offense under the laws of this State, the laws of any other
5    state, or the laws of the United States;
6        (3) he or she had a prior successful completion of the
7    First Time Weapon Offender Program under this Section;
8        (4) he or she has previously been adjudicated a
9    delinquent minor for the commission of a violent offense;
10        (5) he or she is 21 years of age or older; or
11        (6) he or she has an existing order of protection
12    issued against him or her.
13    (b-5) In considering whether a defendant shall be sentenced
14to the First Time Weapon Offender Program, the court shall
15consider the following:
16        (1) the age, immaturity, or limited mental capacity of
17    the defendant;
18        (2) the nature and circumstances of the offense;
19        (3) whether participation in the Program is in the
20    interest of the defendant's rehabilitation, including any
21    employment or involvement in community, educational,
22    training, or vocational programs;
23        (4) whether the defendant suffers from trauma, as
24    supported by documentation or evaluation by a licensed
25    professional; and
26        (5) the potential risk to public safety.

 

 

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1    (c) For an offense committed on or after the effective date
2of this amendatory Act of the 100th General Assembly and before
3January 1, 2023, whenever an eligible person pleads guilty to
4an unlawful use of weapons offense under Section 24-1 of the
5Criminal Code of 2012 or aggravated unlawful use of a weapon
6offense under Section 24-1.6 of the Criminal Code of 2012,
7which is punishable as a Class 4 felony or lower, the court,
8with the consent of the defendant and the State's Attorney,
9may, without entering a judgment, sentence the defendant to
10complete the First Time Weapon Offender Program. When a
11defendant is placed in the Program, the court shall defer
12further proceedings in the case until the conclusion of the
13period or until the filing of a petition alleging violation of
14a term or condition of the Program. Upon violation of a term or
15condition of the Program, the court may enter a judgment on its
16original finding of guilt and proceed as otherwise provided by
17law. Upon fulfillment of the terms and conditions of the
18Program, the court shall discharge the person and dismiss the
19proceedings against the person.
20    (d) The Program shall be at least 18 months and not to
21exceed 24 months, as determined by the court at the
22recommendation of the program administrator and the State's
23Attorney.
24    (e) The conditions of the Program shall be that the
25defendant:
26        (1) not violate any criminal statute of this State or

 

 

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1    any other jurisdiction;
2        (2) refrain from possessing a firearm or other
3    dangerous weapon;
4        (3) obtain or attempt to obtain employment;
5        (4) attend educational courses designed to prepare the
6    defendant for obtaining a high school diploma or to work
7    toward passing high school equivalency testing or to work
8    toward completing a vocational training program;
9        (5) refrain from having in his or her body the presence
10    of any illicit drug prohibited by the Methamphetamine
11    Control and Community Protection Act, the Cannabis Control
12    Act, or the Illinois Controlled Substances Act, unless
13    prescribed by a physician, and submit samples of his or her
14    blood or urine or both for tests to determine the presence
15    of any illicit drug;
16        (6) perform a minimum of 50 hours of community service;
17        (7) attend and participate in any Program activities
18    deemed required by the Program administrator, including
19    but not limited to: counseling sessions, in-person and over
20    the phone check-ins, and educational classes; and
21        (8) pay all fines, assessments, fees, and costs.
22    (f) The Program may, in addition to other conditions,
23require that the defendant:
24        (1) wear an ankle bracelet with GPS tracking;
25        (2) undergo medical or psychiatric treatment, or
26    treatment or rehabilitation approved by the Department of

 

 

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1    Human Services; and
2        (3) attend or reside in a facility established for the
3    instruction or residence of defendants on probation.
4    (g) There may be only one discharge and dismissal under
5this Section. If a person is convicted of any offense which
6occurred within 5 years subsequent to a discharge and dismissal
7under this Section, the discharge and dismissal under this
8Section shall be admissible in the sentencing proceeding for
9that conviction as evidence in aggravation.
10    (g-5) The Program shall be implemented by the Safe and Full
11Employment Coordinating Board established under Section 7.3-2
12of the Illinois Criminal Justice Information Act.
13    (h) For purposes of this Section, "violent offense" means
14any offense in which bodily harm was inflicted or force was
15used against any person or threatened against any person; any
16offense involving the possession of a firearm or dangerous
17weapon; any offense involving sexual conduct, sexual
18penetration, or sexual exploitation; violation of an order of
19protection, stalking, hate crime, domestic battery, or any
20offense of domestic violence.
21    (i) This Section is repealed on January 1, 2023.
22(Source: P.A. 100-3, eff. 1-1-18.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.