Full Text of HB1404 97th General Assembly
HB1404sam001 97TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 4/26/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1404
| 2 | | AMENDMENT NO. ______. Amend House Bill 1404 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | Section 1. Short title. This Act may be cited as the Metro | 5 | | East Police District Act. | 6 | | Section 3. Definitions. | 7 | | "Commission" means the Metro East Police District | 8 | | Commission. | 9 | | "District" means the Metro East Police District. | 10 | | Section 5. Creation of district. There is created within | 11 | | the County of St. Clair a special police district, named the | 12 | | Metro East Police District. The boundaries of the District | 13 | | shall include the corporate boundaries of the City of East | 14 | | Saint Louis, the Village of Washington Park, the Village of | 15 | | Alorton, and the Village of Brooklyn. The District is created |
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| 1 | | to advance the cause of public safety and law enforcement for | 2 | | the residents of the District. | 3 | | Section 10. Metro East Police District Commission. | 4 | | (a) The governing and administrative powers of the Metro | 5 | | East Police District shall be vested in a body politic and | 6 | | corporate named the Metro East Police District Commission, | 7 | | whose powers include but are not limited to, the following: | 8 | | (1) to apply for, accept and expend grants, loans, or | 9 | | appropriations from the State of Illinois, the federal | 10 | | government, any State or federal agency or | 11 | | instrumentality, any unit of local government, or any other | 12 | | person or entity to be used for any of the purposes of the | 13 | | District. The Commission may enter into any agreement with | 14 | | the State of Illinois, the federal government, any State or | 15 | | federal instrumentality, any unit of local government, or | 16 | | any other person or entity in relation to grants, matching | 17 | | grants, loans, or appropriations. The Commission may | 18 | | provide grants, loans, or appropriations for law | 19 | | enforcement purposes to any unit of local government within | 20 | | the District. | 21 | | (2) to enter into contracts or agreements with persons | 22 | | or entities for the supply of goods or services as may be | 23 | | necessary for the purposes of the District. | 24 | | (3) acquire fee simple title to real property lying | 25 | | within the District and personal property required for its |
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| 1 | | purposes, by gift, purchase, contract, or otherwise for law | 2 | | enforcement purposes including evidence storage, records | 3 | | storage, equipment storage, detainment facilities, | 4 | | training facilities, office space and other purposes of the | 5 | | District. Title shall be taken in the name of the | 6 | | Commission. The Commission may acquire by lease any real | 7 | | property located within the District and personal property | 8 | | found by the Commission to be necessary for its purposes | 9 | | and to which the Commission finds that it need not acquire | 10 | | fee simple title for carrying out of those purposes. The | 11 | | Commission has no eminent domain powers or quick-take | 12 | | powers under this provision. | 13 | | (4) to establish by ordinance the rules and regulations | 14 | | of the police departments within the District concerning: | 15 | | officer ethics; the carry and use of weapons; search and | 16 | | seizure procedures; procedures for arrests with and | 17 | | without warrants; alternatives to arrest; the use of | 18 | | officer discretion; strip searches and body cavity | 19 | | searches; profiling; use of reasonable force; use of deadly | 20 | | force; use of authorized less than lethal weapons; | 21 | | reporting uses of force; weapons and ammunition; weapons | 22 | | proficiency and training; crime analysis; purchasing and | 23 | | requisitions; department property; inventory and control; | 24 | | issue and reissue; recruitment; training attendance; | 25 | | lesson plans; remedial training; officer training record | 26 | | maintenance; department animals; response procedures; |
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| 1 | | pursuit of motor vehicles; roadblocks and forcible stops; | 2 | | missing persons, children, and mentally ill persons; use of | 3 | | equipment; use of vehicle lights and sirens; equipment | 4 | | specifications and maintenance; vehicle safety restraints; | 5 | | authorized personal equipment; protective vests and high | 6 | | risk situations; mobile data access; in-car video and | 7 | | audio; case file management; investigative checklists; | 8 | | informants; cold cases; polygraphs; shift briefings; | 9 | | interviews of witnesses and suspects; line-ups and | 10 | | show-ups; confidential information; juvenile operations; | 11 | | offenders, custody, and interrogation; crime prevention | 12 | | and community interface; critical incident response and | 13 | | planning; hostage negotiation; search and rescue; special | 14 | | events; personnel, equipment, and facility inspections; | 15 | | victim/witness rights, preliminary contact, and follow up; | 16 | | next of kin notification; traffic stops and approaches; | 17 | | speed-measuring devices; DUI procedures; traffic collision | 18 | | reporting and investigation; citation inventory, control | 19 | | and administration; escorts; towing procedures; detainee | 20 | | searches and transportation; search and inventory of | 21 | | vehicles; escape prevention procedures and detainee | 22 | | restraint; sick, injured, and disabled detainees; vehicle | 23 | | safety; holding facility standards; collection and | 24 | | preservation of evidence including but not limited to | 25 | | photos, video, fingerprints, computers, records, DNA | 26 | | samples, controlled substances, weapons, and physical |
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| 1 | | evidence; police report standards and format; submission | 2 | | of evidence to laboratories; follow up of outstanding | 3 | | cases; and application for charges with the State's | 4 | | Attorney, United States Attorney, Attorney General, or | 5 | | other prosecuting authority. | 6 | | Any ordinance promulgated under this provision may be | 7 | | effective no sooner than 6 months after the effective date | 8 | | of this amendatory Act of the 97th General Assembly. | 9 | | (5) no later than one year from the effective date of | 10 | | this amendatory Act of the 97th General Assembly, to assume | 11 | | and perform for police departments within the District the | 12 | | powers, rights, and duties concerning police matters | 13 | | prescribed to the board of fire and police commissioners, | 14 | | as provided for in Division 10-2.1 of the Illinois | 15 | | Municipal Code. | 16 | | (6) to develop a comprehensive plan for improvement and | 17 | | maintenance of law enforcement facilities within the | 18 | | District. | 19 | | (7) to advance police departments within the District | 20 | | towards accreditation by the national Commission for the | 21 | | Accreditation of Law Enforcement Agencies (CALEA) within 3 | 22 | | years after creation of the District. | 23 | | (b) The Commission shall consist of 14 appointed members | 24 | | and 3 ex-officio members. Seven members shall be appointed by | 25 | | the Governor with his advice and consent of the Senate. Four | 26 | | members shall be appointed by the Mayor of East St. Louis, with |
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| 1 | | the advise and consent of the city council. One member each | 2 | | shall be appointed by the Village Presidents of Washington | 3 | | Park, Alorton, and Brooklyn, with the advise and consent of the | 4 | | respective village boards. All appointed members shall hold | 5 | | office for a term of 2 years ending on December 31 and until | 6 | | their successors are appointed and qualified. The Mayor of East | 7 | | Saint Louis, with the approval of the city council, may serve | 8 | | as one of the members appointed for East Saint Louis, and the | 9 | | Village Presidents of Washington Park, Alorton, and Brooklyn, | 10 | | with the approval of their respective boards, may serve as the | 11 | | member for their respective municipalities. | 12 | | The Director of the Illinois State Police, or his or her | 13 | | designee, the State's Attorney of St. Clair County, or his or | 14 | | her designee, and the Director of the Southern Illinois Law | 15 | | Enforcement Commission, or his or her designee, shall serve as | 16 | | ex-officio members. Ex-officio members may only vote on matters | 17 | | before the Commission in the event of a tie vote. | 18 | | (c) Any vacancy in the appointed membership of the | 19 | | Commission occurring by reason of the death, resignation, | 20 | | disqualification, removal, or inability or refusal to act of | 21 | | any of the members of the Commission shall be filled by the | 22 | | authority that had appointed the particular member, and for the | 23 | | unexpired term of office of that particular member. | 24 | | (d) The Commission shall hold regular meetings annually for | 25 | | the election of a chair, vice-chair, secretary, and treasurer, | 26 | | for the adoption of a budget, and monthly for other business as |
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| 1 | | may be necessary. The Commission shall establish the duties and | 2 | | responsibilities of its officers by rule. The chair, or any 9 | 3 | | members of the Commission, may call special meetings of the | 4 | | Commission. Each member shall take an oath of office for the | 5 | | faithful performance of his or her duties. The Commission may | 6 | | not transact business at a meeting of the Commission unless | 7 | | there is present at the meeting a quorum consisting of at least | 8 | | 9 members. Meetings may be held by telephone conference or | 9 | | other communications equipment by means of which all persons | 10 | | participating in the meeting can communicate with each other | 11 | | consistent with the Open Meetings Act. | 12 | | (e) The Commission shall submit to the General Assembly, no | 13 | | later than March 1 of each odd-numbered year, a detailed report | 14 | | covering its operations for the 2 preceding calendar years and | 15 | | a statement of its program for the next 2 years. The | 16 | | requirement for reporting to the General Assembly shall be | 17 | | satisfied by filing copies of the report with the Speaker, the | 18 | | Minority Leader, and the Clerk of the House of Representatives | 19 | | and the President, the Minority Leader, and the Secretary of | 20 | | the Senate and with the Legislative Research Unit, as required | 21 | | by Section 3.1 of the General Assembly Organization Act, and by | 22 | | filing additional copies with the State Government Report | 23 | | Distribution Center for the General Assembly as is required | 24 | | under paragraph (t) of Section 7 of the State Library Act. | 25 | | (f) The Auditor General shall conduct audits of the | 26 | | Commission in the same manner as the Auditor General conducts |
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| 1 | | audits of State agencies under the Illinois State Auditing Act. | 2 | | (g) The Commission is a public body for purposes of the | 3 | | Open Meetings Act and the Freedom of Information Act. | 4 | | (h) This Section is a limitation under subsection (i) of | 5 | | Section 6 of Article VII of the Illinois Constitution on the | 6 | | concurrent exercise by home rule units of powers and functions | 7 | | exercised by the State. | 8 | | Section 15. Disposition of money; income fund. There is | 9 | | created in the State Treasury the Metro East Police District | 10 | | Fund. All moneys received by the Commission shall be deposited | 11 | | into the Fund. Subject is appropriation, the Commission is | 12 | | authorized to use all money received for all purposes and | 13 | | powers set forth in this Act. The Auditor General shall, at | 14 | | least biennially, audit or cause to be audited all records and | 15 | | accounts of the Commission pertaining to the operation of the | 16 | | District. | 17 | | Section 20. Intergovernmental agreements. In addition to | 18 | | the powers granted to municipalities under Section 11-1-2.1 of | 19 | | the Illinois Municipal Code for police mutual aid and | 20 | | assistance, municipalities within the District may enter into | 21 | | intergovernmental agreements with other municipalities within | 22 | | or contiguous to the District, the Commission, or St. Clair | 23 | | County, for purposes of providing police protection and police | 24 | | services within those municipalities, including but not |
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| 1 | | limited to communications, patrols, investigations, special | 2 | | units, and juvenile services. | 3 | | Section 25. The State Finance Act is amended by adding | 4 | | Section 5.811 as follows: | 5 | | (30 ILCS 105/5.811 new) | 6 | | Sec. 5.811. The Metro East Police District Fund. | 7 | | Section 30. The Counties Code is amended by changing | 8 | | Section 5-1101 as follows: | 9 | | (55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
| 10 | | Sec. 5-1101. Additional fees and fines to finance court | 11 | | system.
A county board may enact by ordinance or resolution the | 12 | | following fees:
| 13 | | (a) A $5 fee to be paid by the defendant on a judgment of | 14 | | guilty or a grant
of supervision for violation of the Illinois | 15 | | Vehicle Code other than Section
11-501 or violations of similar | 16 | | provisions contained in county or municipal
ordinances | 17 | | committed in the county, and up to a $30 fee to be paid by the
| 18 | | defendant on a judgment of guilty or a grant of supervision for | 19 | | violation of
Section 11-501 of the Illinois Vehicle Code or a | 20 | | violation of a similar
provision contained in county or | 21 | | municipal ordinances committed in the county.
| 22 | | (b) In the case of a county having a population of |
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| 1 | | 1,000,000 or less,
a $5 fee to be collected in all civil cases | 2 | | by the clerk of the circuit court.
| 3 | | (c) A fee to be paid by the defendant on a judgment of | 4 | | guilty or a grant of
supervision, as follows:
| 5 | | (1) for a felony, $50;
| 6 | | (2) for a class A misdemeanor, $25;
| 7 | | (3) for a class B or class C misdemeanor, $15;
| 8 | | (4) for a petty offense, $10;
| 9 | | (5) for a business offense, $10.
| 10 | | (d) A $100 fee for the second and subsequent violations of | 11 | | Section
11-501 of the Illinois Vehicle Code or violations of | 12 | | similar provisions
contained in county or municipal ordinances | 13 | | committed in the county. The
proceeds of this fee shall be | 14 | | placed in the county general fund and used to
finance education | 15 | | programs related to driving under the influence of alcohol or
| 16 | | drugs.
| 17 | | (d-5) A $10 fee to be paid by the defendant on a judgment | 18 | | of guilty or a grant of supervision under Section 5-9-1 of the | 19 | | Unified Code of Corrections to be placed in the county general | 20 | | fund and used to finance the county mental health court, the | 21 | | county drug court, the Veterans and Servicemembers Court, or | 22 | | any or all of the above. | 23 | | (e) In each county in which a teen court, peer court, peer | 24 | | jury, youth
court, or
other
youth diversion program has been | 25 | | created, a county may adopt a mandatory fee
of up to $5 to be | 26 | | assessed as provided in this subsection. Assessments
collected
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| 1 | | by the clerk of the circuit court pursuant to this subsection | 2 | | must be deposited
into an
account specifically for the | 3 | | operation and administration of a teen court, peer
court, peer | 4 | | jury, youth court, or other youth diversion program. The clerk | 5 | | of
the
circuit court shall collect the fees established in this | 6 | | subsection and must
remit the
fees to the teen court, peer | 7 | | court, peer jury, youth court, or other youth
diversion
program | 8 | | monthly, less 5%, which is to be retained as fee income to the | 9 | | office
of
the clerk of the circuit court. The fees are to be | 10 | | paid as follows:
| 11 | | (1) a fee of up to $5 paid by the defendant on a | 12 | | judgment of guilty or
grant of supervision for violation of | 13 | | the Illinois Vehicle Code or violations
of similar | 14 | | provisions contained in county or municipal ordinances | 15 | | committed in
the
county;
| 16 | | (2) a fee of up to $5 paid by the defendant on a | 17 | | judgment of guilty or
grant of supervision under Section | 18 | | 5-9-1 of the Unified Code of Corrections for
a
felony; for | 19 | | a Class A, Class B, or Class C misdemeanor; for a petty | 20 | | offense;
and
for a business offense.
| 21 | | (f) In each county in which a drug court has been created, | 22 | | the county may adopt a mandatory fee of up to $5 to be assessed | 23 | | as provided in this subsection. Assessments collected by the | 24 | | clerk of the circuit court pursuant to this subsection must be | 25 | | deposited into an account specifically for the operation and | 26 | | administration of the drug court. The clerk of the circuit |
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| 1 | | court shall collect the fees established in this subsection and | 2 | | must remit the fees to the drug court, less 5%, which is to be | 3 | | retained as fee income to the office of the clerk of the | 4 | | circuit court. The fees are to be paid as follows: | 5 | | (1) a fee of up to $5 paid by the defendant on a | 6 | | judgment of guilty or grant of supervision for a violation | 7 | | of the Illinois Vehicle Code or a violation of a similar | 8 | | provision contained in a county or municipal ordinance | 9 | | committed in the county; or | 10 | | (2) a fee of up to $5 paid by the defendant on a | 11 | | judgment of guilty or a grant of supervision under Section | 12 | | 5-9-1 of the Unified Code of Corrections for a felony; for | 13 | | a Class A, Class B, or Class C misdemeanor; for a petty | 14 | | offense; and for a business offense. | 15 | |
The clerk of the circuit court shall deposit the 5% | 16 | | retained under this subsection into the Circuit Court Clerk | 17 | | Operation and Administrative Fund to be used to defray the | 18 | | costs of collection and disbursement of the drug court fee. | 19 | | (f-5) In each county in which a Children's Advocacy Center | 20 | | provides services, the county board may adopt a mandatory fee | 21 | | of between $5 and $30 to be paid by the defendant on a judgment | 22 | | of guilty or a grant of supervision under Section 5-9-1 of the | 23 | | Unified Code of Corrections for a felony; for a Class A, Class | 24 | | B, or Class C misdemeanor; for a petty offense; and for a | 25 | | business offense. Assessments shall be collected by the clerk | 26 | | of the circuit court and must be deposited into an account |
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| 1 | | specifically for the operation and administration of the | 2 | | Children's Advocacy Center. The clerk of the circuit court | 3 | | shall collect the fees as provided in this subsection, and must | 4 | | remit the fees to the Children's Advocacy Center.
| 5 | | (f-10) In addition to any fine imposed under Section 5-9-1 | 6 | | of the Unified Code of Corrections, a county may adopt a | 7 | | mandatory fine of $100 to be paid by the defendant on a | 8 | | judgment of guilty or a grant of supervision for a felony or a | 9 | | violation of Section 11-501 of the Illinois Vehicle Code, when | 10 | | the offense was committed within the corporate limits of a | 11 | | municipality that is located within a special police district. | 12 | | Assessments shall be collected by the clerk of the circuit | 13 | | court and must be deposited into an account specifically for | 14 | | the operations of the police district. The clerk of the circuit | 15 | | court shall collect the fines as provided in this subsection | 16 | | and must remit the fines to the special fund created in the | 17 | | State Treasury for the police district, and from which the | 18 | | police district shall make grants to support the operations of | 19 | | the police district within that county. | 20 | | (g) The proceeds of all fees enacted under this Section | 21 | | must, except as
provided in subsections (d), (d-5),
(e), and | 22 | | (f), be placed
in the
county general fund and used to
finance | 23 | | the court system in the county, unless the fee is subject to
| 24 | | disbursement by the circuit clerk as provided under Section | 25 | | 27.5 of the Clerks
of Courts Act.
| 26 | | (Source: P.A. 95-103, eff. 1-1-08; 95-331, eff. 8-21-07; |
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| 1 | | 96-328, eff. 8-11-09; 96-924, eff. 6-14-10.)
| 2 | | Section 35. The Illinois Municipal Code is amended by | 3 | | adding Section 10-2.1-32 as follows: | 4 | | (65 ILCS 5/10-2.1-32 new) | 5 | | Sec. 10-2.1-32. Metro East Police District Commission. | 6 | | Notwithstanding any other provision of this Division, the Metro | 7 | | East Police District Commission may assume and perform for | 8 | | police districts within its boundaries the powers, rights, and | 9 | | duties concerning police matters of a board of fire and police | 10 | | commissioners, pursuant to the Metro East Police District Act. | 11 | | However, the Metro East Police District Commission may not | 12 | | assume those powers listed under Sections 10-2.1-1, 10-2.1-2, | 13 | | 10-2.1-3, 10-2.1-5, 10-2.1-6.3, 10-2.1-6.4, 10-2.1-7.1, | 14 | | 10-2.1-18,10-2.1-21, 10-2.1-22, 10-2.1-25, 10-2.1-27, | 15 | | 10-2.1-28, 10-2.1-29, 10-2.1-30, or 10-2.1-31 of this | 16 | | Division.
| 17 | | Section 99. Effective date. This Act takes effect January | 18 | | 1, 2013.".
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