SB0150eng 95TH GENERAL ASSEMBLY



 


 
SB0150 Engrossed LRB095 07564 RLC 27714 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Joint
5 Criminal Law Review Commission Act.
 
6     Section 5. Joint Criminal Law Review Commission.
7     (a) There is created the Joint Criminal Law Review
8 Commission, hereinafter referred to as the Commission,
9 consisting of 13 members appointed as follows:
10         (1) Three members appointed by the President of the
11     Senate;
12         (2) Three members appointed by the Minority Leader of
13     the Senate;
14         (3) Three members appointed by the Speaker of the House
15     of Representatives;
16         (4) Three members appointed by the Minority Leader of
17     the House of Representatives; and
18         (5) One member appointed by the Governor.
19     (b) Commission members shall serve 2-year terms or until
20 their successors are appointed.
21     (c) Commission intent. The Commission is intended to:
22         (1) make the criminal laws of Illinois easier to
23     understand, access, apply, and interpret;

 

 

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1         (2) promote obedience to the rule of law; and
2         (3) reduce the cost and increase the efficiency of the
3     criminal justice system by eliminating disputes relating
4     to criminal laws that result in retrials, delays, and
5     mistakes in the process.
6     (d) Commission review.
7         (1) The Commission shall conduct an ongoing study,
8     review, and evaluation of the existing laws pertaining to
9     criminal or penal offenses in the State to ensure that
10     these provisions are constitutional, consistent,
11     appropriately located, and drafted concisely; and
12         (2) The Commission shall review and evaluate all
13     proposed legislation filed in the Illinois General
14     Assembly relating to criminal or penal offenses to ensure
15     that such legislation is necessary and uniform and adheres
16     to generally accepted drafting principles. The Commission
17     shall review and evaluate each filed legislative proposal
18     to determine whether it:
19             (A) is constitutional;
20             (B) is not duplicative of or inadvertently
21         inconsistent with existing law;
22             (C) contains an appropriate mental state; and
23             (D) is placed in an appropriate place within the
24         Illinois Compiled Statutes.
25     (e) Commission recommendations. As to clause (d)(1),
26 review and evaluation of existing law, the Commission shall

 

 

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1 make recommendations to the General Assembly for actions to be
2 taken. As to clause (d)(2), review and evaluation of proposed
3 legislation, the Commission shall make one of the 3 following
4 recommendations to the General Assembly:
5         (1) approve the legislative proposal;
6         (2) approve the legislative proposal with specific
7     changes; or
8         (3) do not approve the legislative proposal.
9     (f) Commission authority. The Commission shall make
10 ongoing recommendations to the General Assembly regarding
11 proposed legislation. Commission recommendations shall be
12 advisory in nature.
13     (g) The Commission shall report to the General Assembly
14 annually or as it deems necessary or useful on the results of
15 its study, review, and evaluation as set forth in clause (d)(1)
16 and the performance of the Commission's duties. The Commission
17 shall also report to the General Assembly on a regular basis or
18 as it deems necessary or useful during the legislative session
19 on the Commission's recommendations relating to proposed
20 legislation as set forth in clause (d)(2).
21     (h) The Commission may request assistance from any other
22 entity as necessary or useful for the performance of its
23 duties.
 
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.