Full Text of HB1404 97th General Assembly
HB1404sam003 97TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 5/22/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1404
| 2 | | AMENDMENT NO. ______. Amend House Bill 1404, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the Metro | 6 | | East Police District Act. | 7 | | Section 3. Definitions. | 8 | | "Commission" means the Metro East Police District | 9 | | Commission. | 10 | | "District" means the Metro East Police District. | 11 | | Section 5. Creation of district. There is created within | 12 | | the County of St. Clair a special district, named the Metro | 13 | | East Police District. The territory of the District shall | 14 | | include the City of East Saint Louis, the Village of Washington | 15 | | Park, the Village of Alorton, and the Village of Brooklyn. The |
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| 1 | | District is created to advance the cause of public safety and | 2 | | law enforcement for 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 are 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) To 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 resolution rules and regulations | 14 | | that the police departments within the District may adopt | 15 | | concerning: officer ethics; the carry and use of weapons; | 16 | | search and seizure procedures; procedures for arrests with | 17 | | and 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 or mentally ill persons; use of equipment; use of | 3 | | vehicle lights and sirens; equipment specifications and | 4 | | maintenance; vehicle safety restraints; authorized | 5 | | personal equipment; protective vests and high risk | 6 | | situations; mobile data access; in-car video and audio; | 7 | | 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 police department located within the Metro East | 7 | | Police District that does not adopt any rule or regulation | 8 | | established by resolution by the Commission shall not be | 9 | | eligible to receive funds from the Metro East Police | 10 | | District Fund. | 11 | | The adoption of any policies or procedures pursuant to | 12 | | this Section shall not be inconsistent with any rights | 13 | | under current collective bargaining agreements, the | 14 | | Illinois Public Labor Relations Act or other laws governing | 15 | | collective bargaining. | 16 | | (5) No later than one year after the effective date of | 17 | | this Act, to assume for police departments within the | 18 | | District the authority to make application for and accept | 19 | | financial grants or contributions of services from any | 20 | | public or private source for law enforcement purposes. | 21 | | (6) To develop a comprehensive plan for improvement and | 22 | | maintenance of law enforcement facilities within the | 23 | | District. | 24 | | (7) To advance police departments within the District | 25 | | towards accreditation by the national Commission for the | 26 | | Accreditation of Law Enforcement Agencies (CALEA) within 3 |
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| 1 | | years after creation of the District. | 2 | | (b) The Commission shall consist of 14 appointed members | 3 | | and 3 ex-officio members. Seven members shall be appointed by | 4 | | the Governor with the advice and consent of the Senate, one of | 5 | | whom shall represent an organization that represents the | 6 | | largest number of police officers employed by the | 7 | | municipalities described by Section 5 of this Act. Four members | 8 | | shall be appointed by the Mayor of East Saint Louis, with the | 9 | | advice and consent of the city council. One member each shall | 10 | | be appointed by the Village Presidents of Washington Park, | 11 | | Alorton, and Brooklyn, with the advice and consent of the | 12 | | respective village boards. All appointed members shall hold | 13 | | office for a term of 2 years ending on December 31 and until | 14 | | their successors are appointed and qualified. The Mayor of East | 15 | | Saint Louis, with the approval of the city council, may serve | 16 | | as one of the members appointed for East Saint Louis, and the | 17 | | Village Presidents of Washington Park, Alorton, and Brooklyn, | 18 | | with the approval of their respective boards, may serve as the | 19 | | member for their respective municipalities. | 20 | | A member may be removed by his or her appointing authority | 21 | | for incompetence, neglect of duty, or malfeasance in office. | 22 | | The Director of the Illinois State Police, or his or her | 23 | | designee, the State's Attorney of St. Clair County, or his or | 24 | | her designee, and the Director of the Southern Illinois Law | 25 | | Enforcement Commission, or his or her designee, shall serve as | 26 | | ex-officio members. Ex-officio members may only vote on matters |
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| 1 | | before the Commission in the event of a tie vote. | 2 | | (c) Any vacancy in the appointed membership of the | 3 | | Commission occurring by reason of the death, resignation, | 4 | | disqualification, removal, or inability or refusal to act of | 5 | | any of the members of the Commission shall be filled by the | 6 | | authority that had appointed the particular member, and for the | 7 | | unexpired term of office of that particular member. | 8 | | (d) The Commission shall hold regular meetings annually for | 9 | | the election of a chair, vice-chair, secretary, and treasurer, | 10 | | for the adoption of a budget, and monthly for other business as | 11 | | may be necessary. The Commission shall establish the duties and | 12 | | responsibilities of its officers by rule. The chair, or any 9 | 13 | | members of the Commission, may call special meetings of the | 14 | | Commission. Each member shall take an oath of office for the | 15 | | faithful performance of his or her duties. The Commission may | 16 | | not transact business at a meeting of the Commission unless | 17 | | there is present at the meeting a quorum consisting of at least | 18 | | 9 members. Meetings may be held by telephone conference or | 19 | | other communications equipment by means of which all persons | 20 | | participating in the meeting can communicate with each other | 21 | | consistent with the Open Meetings Act. | 22 | | (e) The Commission shall submit to the General Assembly, no | 23 | | later than March 1 of each odd-numbered year, a detailed report | 24 | | covering its operations for the 2 preceding calendar years and | 25 | | a statement of its program for the next 2 years, as provided by | 26 | | Section 3.1 of the General Assembly Organization Act. |
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| 1 | | (f) The Auditor General shall conduct audits of the | 2 | | Commission in the same manner as the Auditor General conducts | 3 | | audits of State agencies under the Illinois State Auditing Act. | 4 | | (g) The Commission is a public body for purposes of the | 5 | | Open Meetings Act and the Freedom of Information Act. | 6 | | (h) This Section is a limitation under subsection (i) of | 7 | | Section 6 of Article VII of the Illinois Constitution on the | 8 | | concurrent exercise by home rule units of powers and functions | 9 | | exercised by the State. | 10 | | Section 15. Disposition of money; income fund. There is | 11 | | created in the custody of the Illinois Finance Authority the | 12 | | Metro East Police District Fund. All moneys received by the | 13 | | Commission shall be deposited in the Fund. The Commission is | 14 | | authorized to use all money received for all purposes and | 15 | | powers set forth in this Act, provided that the Commission and | 16 | | the Illinois Finance Authority enter into an intergovernmental | 17 | | agreement to use the moneys deposited into the Fund solely for | 18 | | the purposes set forth in this Act. The Auditor General shall, | 19 | | at least biennially, audit or cause to be audited all records | 20 | | and accounts of the Commission pertaining to the operation of | 21 | | the District. | 22 | | Section 20. Repealer. This Act is repealed on December 31, | 23 | | 2019. |
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| 1 | | Section 50. The Illinois Finance Authority Act is amended | 2 | | by adding Section 825-115 as follows: | 3 | | (20 ILCS 3501/825-115 new) | 4 | | Sec. 825-115. Metro East Police District Fund. The | 5 | | Authority and the Metro East Police District Commission may | 6 | | jointly administer the Metro East Police District Fund. All | 7 | | moneys received by the Commission shall be deposited in the | 8 | | Fund. Upon request of the Commission, the Authority shall | 9 | | provide to the Commission moneys deposited in the Fund, | 10 | | provided that the Commission and the Authority enter into an | 11 | | intergovernmental agreement to use the moneys deposited into | 12 | | the Fund solely for the purposes set forth in the Metro East | 13 | | Police District Act. This Section is repealed on December 31, | 14 | | 2019. | 15 | | Section 55. The Illinois State Auditing Act is amended by | 16 | | adding Section 3-1.5 as follows: | 17 | | (30 ILCS 5/3-1.5 new) | 18 | | Sec. 3-1.5. Metro East Police District. The Auditor General | 19 | | shall conduct audits as provided in Sections 10 and 15 of the | 20 | | Metro East Police District Act. This Section is repealed on | 21 | | December 31, 2019. | 22 | | Section 60. The Counties Code is amended by adding Section |
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| 1 | | 5-1101.5 as follows: | 2 | | (55 ILCS 5/5-1101.5 new) | 3 | | Sec. 5-1101.5. Metro East Police District. In addition to | 4 | | any fine imposed under Section 5-9-1 of the Unified Code of | 5 | | Corrections, St. Clair County may adopt a mandatory fine of | 6 | | $100 to be paid by the defendant on a judgment of guilty or a | 7 | | grant of supervision for a felony or a violation of Section | 8 | | 11-501 of the Illinois Vehicle Code, when the offense was | 9 | | committed within the corporate limits of a municipality that is | 10 | | located within the Metro East Police District. The clerk of the | 11 | | circuit court shall collect the fines as provided in this | 12 | | subsection and must remit the fines to the Metro East Police | 13 | | District Fund created under Section 15 of the Metro East Police | 14 | | District Act. This Section is repealed on December 31, 2019.
| 15 | | Section 99. Effective date. This Act takes effect January | 16 | | 1, 2013.".
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