Full Text of HB1533 98th General Assembly
HB1533ham001 98TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 3/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1533
| 2 | | AMENDMENT NO. ______. Amend House Bill 1533 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Personnel Code is amended by changing | 5 | | Section 4c as follows: | 6 | | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | 7 | | Sec. 4c. General exemptions. The following positions in | 8 | | State
service shall be exempt from jurisdictions A, B, and C, | 9 | | unless the
jurisdictions shall be extended as provided in this | 10 | | Act:
| 11 | | (1) All officers elected by the people.
| 12 | | (2) All positions under the Lieutenant Governor, | 13 | | Secretary of State,
State Treasurer, State Comptroller, | 14 | | State Board of Education, Clerk of
the Supreme Court,
| 15 | | Attorney General, and State Board of Elections.
| 16 | | (3) Judges, and officers and employees of the courts, |
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| 1 | | and notaries
public.
| 2 | | (4) All officers and employees of the Illinois General | 3 | | Assembly, all
employees of legislative commissions, all | 4 | | officers and employees of the
Illinois Legislative | 5 | | Reference Bureau, the Legislative
Research Unit, and the | 6 | | Legislative Printing Unit.
| 7 | | (5) All positions in the Illinois National Guard and | 8 | | Illinois State
Guard, paid from federal funds or positions
| 9 | | in the State Military Service filled by enlistment and paid | 10 | | from State
funds.
| 11 | | (6) All employees of the Governor at the executive | 12 | | mansion and on
his immediate personal staff.
| 13 | | (7) Directors of Departments, the Adjutant General, | 14 | | the Assistant
Adjutant General, the Director of the | 15 | | Illinois Emergency
Management Agency, members of boards | 16 | | and commissions, and all other
positions appointed by the | 17 | | Governor by and with the consent of the
Senate.
| 18 | | (8) The presidents, other principal administrative | 19 | | officers, and
teaching, research and extension faculties | 20 | | of
Chicago State University, Eastern Illinois University, | 21 | | Governors State
University, Illinois State University, | 22 | | Northeastern Illinois University,
Northern Illinois | 23 | | University, Western Illinois University, the Illinois
| 24 | | Community College Board, Southern Illinois
University, | 25 | | Illinois Board of Higher Education, University of
| 26 | | Illinois, State Universities Civil Service System, |
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| 1 | | University Retirement
System of Illinois, and the | 2 | | administrative officers and scientific and
technical staff | 3 | | of the Illinois State Museum.
| 4 | | (9) All other employees except the presidents, other | 5 | | principal
administrative officers, and teaching, research | 6 | | and extension faculties
of the universities under the | 7 | | jurisdiction of the Board of Regents and
the colleges and | 8 | | universities under the jurisdiction of the Board of
| 9 | | Governors of State Colleges and Universities, Illinois | 10 | | Community College
Board, Southern Illinois University, | 11 | | Illinois Board of Higher Education,
Board of Governors of | 12 | | State Colleges and Universities, the Board of
Regents, | 13 | | University of Illinois, State Universities Civil Service
| 14 | | System, University Retirement System of Illinois, so long | 15 | | as these are
subject to the provisions of the State | 16 | | Universities Civil Service Act.
| 17 | | (10) The State Police so long as they are subject to | 18 | | the merit
provisions of the State Police Act.
| 19 | | (11) (Blank).
| 20 | | (12) The technical and engineering staffs of the | 21 | | Department of
Transportation, the Department of Nuclear | 22 | | Safety, the Pollution Control
Board, and the Illinois | 23 | | Commerce Commission, and the technical and engineering
| 24 | | staff providing architectural and engineering services in | 25 | | the Department of
Central Management Services.
| 26 | | (13) All employees of the Illinois State Toll Highway |
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| 1 | | Authority.
| 2 | | (14) The Secretary of the Illinois Workers' | 3 | | Compensation Commission.
| 4 | | (15) All persons who are appointed or employed by the | 5 | | Director of
Insurance under authority of Section 202 of the | 6 | | Illinois Insurance Code
to assist the Director of Insurance | 7 | | in discharging his responsibilities
relating to the | 8 | | rehabilitation, liquidation, conservation, and
dissolution | 9 | | of companies that are subject to the jurisdiction of the
| 10 | | Illinois Insurance Code.
| 11 | | (16) All employees of the St. Louis Metropolitan Area | 12 | | Airport
Authority.
| 13 | | (17) All investment officers employed by the Illinois | 14 | | State Board of
Investment.
| 15 | | (18) Employees of the Illinois Young Adult | 16 | | Conservation Corps program,
administered by the Illinois | 17 | | Department of Natural Resources, authorized
grantee under | 18 | | Title VIII of the Comprehensive
Employment and Training Act | 19 | | of 1973, 29 USC 993.
| 20 | | (19) Seasonal employees of the Department of | 21 | | Agriculture for the
operation of the Illinois State Fair | 22 | | and the DuQuoin State Fair, no one
person receiving more | 23 | | than 29 days of such employment in any calendar year.
| 24 | | (20) All "temporary" employees hired under the | 25 | | Department of Natural
Resources' Illinois Conservation | 26 | | Service, a youth
employment program that hires young people |
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| 1 | | to work in State parks for a period
of one year or less.
| 2 | | (21) All hearing officers of the Human Rights | 3 | | Commission.
| 4 | | (22) All employees of the Illinois Mathematics and | 5 | | Science Academy.
| 6 | | (23) All employees of the Kankakee River Valley Area
| 7 | | Airport Authority.
| 8 | | (24) The commissioners and employees of the Executive | 9 | | Ethics
Commission.
| 10 | | (25) The Executive Inspectors General, including | 11 | | special Executive
Inspectors General, and employees of | 12 | | each Office of an
Executive Inspector General.
| 13 | | (26) The commissioners and employees of the | 14 | | Legislative Ethics
Commission.
| 15 | | (27) The Legislative Inspector General, including | 16 | | special Legislative
Inspectors General, and employees of | 17 | | the Office of
the Legislative Inspector General.
| 18 | | (28) The Auditor General's Inspector General and | 19 | | employees of the Office
of the Auditor General's Inspector | 20 | | General.
| 21 | | (29) All employees of the Illinois Power Agency. | 22 | | (30) Employees having demonstrable, defined advanced | 23 | | skills in accounting, financial reporting, or technical | 24 | | expertise who are employed within executive branch | 25 | | agencies and whose duties are directly related to the | 26 | | submission to the Office of the Comptroller of financial |
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| 1 | | information for the publication of the Comprehensive | 2 | | Annual Financial Report (CAFR). | 3 | | (31) All employees of the Illinois Sentencing Policy | 4 | | Advisory Council. | 5 | | (Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12 .)
| 6 | | Section 10. The Unified Code of Corrections is amended by | 7 | | changing Section 5-8-8 as follows: | 8 | | (730 ILCS 5/5-8-8) | 9 | | (Section scheduled to be repealed on December 31, 2015) | 10 | | Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. | 11 | | (a) Creation. There is created under the jurisdiction of | 12 | | the Governor the Illinois Sentencing Policy Advisory Council, | 13 | | hereinafter referred to as the Council. | 14 | | (b) Purposes and goals. The purpose of the Council is to | 15 | | review sentencing policies and practices and examine how these | 16 | | policies and practices impact the criminal justice system as a | 17 | | whole in the State of Illinois.
In carrying out its duties, the | 18 | | Council shall be mindful of and aim to achieve the purposes of
| 19 | | sentencing in Illinois, which are set out in Section 1-1-2 of | 20 | | this Code: | 21 | | (1) prescribe sanctions proportionate to the | 22 | | seriousness of the offenses and permit the recognition of | 23 | | differences in rehabilitation possibilities among | 24 | | individual offenders; |
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| 1 | | (2) forbid and prevent the commission of offenses; | 2 | | (3) prevent arbitrary or oppressive treatment of | 3 | | persons adjudicated offenders or delinquents; and | 4 | | (4) restore offenders to useful citizenship. | 5 | | (c) Council composition. | 6 | | (1) The Council shall consist of the following members: | 7 | | (A) the President of the Senate, or his or her | 8 | | designee; | 9 | | (B) the Minority Leader of the Senate, or his or | 10 | | her designee; | 11 | | (C) the Speaker of the House, or his or her | 12 | | designee; | 13 | | (D) the Minority Leader of the House, or his or her | 14 | | designee; | 15 | | (E) the Governor, or his or her designee; | 16 | | (F) the Attorney General, or his or her designee; | 17 | | (G) two retired judges, who may have been circuit, | 18 | | appellate , or supreme court judges ; retired judges | 19 | | appointed prior to the effective date of this | 20 | | amendatory Act of the 98th General Assembly shall be , | 21 | | selected by the members of the Council designated in | 22 | | clauses (c)(1)(A) through (L) , and retired judges | 23 | | appointed on or after the effective date of this | 24 | | amendatory Act of the 98th General Assembly shall be | 25 | | appointed by the Chief Justice of the Illinois Supreme | 26 | | Court ; |
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| 1 | | (G-5) two sitting judges, who may be circuit, | 2 | | appellate, or supreme court judges, appointed by the | 3 | | Chief Justice of the Supreme Court; one member | 4 | | appointed under this paragraph (G-5) shall be selected | 5 | | from the Circuit Court of Cook County or the First | 6 | | Judicial District, and one member appointed under this | 7 | | paragraph (G-5) shall be selected from a judicial | 8 | | circuit or district other than the Circuit Court of | 9 | | Cook County or the First Judicial District; | 10 | | (H) the Cook County State's Attorney, or his or her | 11 | | designee; | 12 | | (I) the Cook County Public Defender, or his or her | 13 | | designee; | 14 | | (J) a State's Attorney not from Cook County, | 15 | | appointed by the State's Attorney's
Appellate | 16 | | Prosecutor; | 17 | | (K) the State Appellate Defender, or his or her | 18 | | designee; | 19 | | (L) the Director of the Administrative Office of | 20 | | the Illinois Courts, or his or her designee; | 21 | | (M) a victim of a violent felony or a | 22 | | representative of a crime victims' organization,
| 23 | | selected by the members of the Council designated in | 24 | | clauses (c)(1)(A) through (L); | 25 | | (N) a representative of a community-based | 26 | | organization, selected by the members of
the Council |
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| 1 | | designated in clauses (c)(1)(A) through (L); | 2 | | (O) a criminal justice academic researcher, to be | 3 | | selected by the members of the
Council designated in | 4 | | clauses (c)(1)(A) through (L); | 5 | | (P) a representative of law enforcement from a unit | 6 | | of local government to be
selected by the members of | 7 | | the Council designated in clauses (c)(1)(A) through | 8 | | (L); | 9 | | (Q) a sheriff selected by the members of the | 10 | | Council designated in clauses (c)(1)(A) through (L); | 11 | | and | 12 | | (R) ex-officio members shall include: | 13 | | (i) the Director of Corrections, or his or her | 14 | | designee; | 15 | | (ii) the Chair of the Prisoner Review Board, or | 16 | | his or her designee; | 17 | | (iii) the Director of the Illinois State | 18 | | Police, or his or her designee; and | 19 | | (iv) the Director of the Illinois Criminal | 20 | | Justice Information Authority, or his
or her | 21 | | designee . ; and | 22 | | (v) the assistant Director of the | 23 | | Administrative Office of the Illinois Courts, or | 24 | | his or her designee. | 25 | | (1.5) The Chair and Vice Chair shall be elected from | 26 | | among its members by a majority of the members of the |
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| 1 | | Council. | 2 | | (2) Members of the Council who serve because of their | 3 | | public office or position, or those who are designated as | 4 | | members by such officials, shall serve only as long as they | 5 | | hold such office or position. | 6 | | (3) Council members shall serve without compensation | 7 | | but shall be reimbursed for travel and per diem expenses | 8 | | incurred in their work for the Council. | 9 | | (4) The Council may exercise any power, perform any | 10 | | function, take any action, or do anything in furtherance of | 11 | | its purposes and goals
upon the appointment of a quorum of | 12 | | its members. The term of office of each member of the | 13 | | Council ends on the date of repeal of this amendatory Act | 14 | | of the 96th General Assembly. | 15 | | (d) Duties. The Council shall perform, as resources permit, | 16 | | duties including: | 17 | | (1) Collect and analyze information including | 18 | | sentencing data, crime trends, and existing correctional | 19 | | resources to support legislative and executive action | 20 | | affecting the use of correctional resources on the State | 21 | | and local levels. | 22 | | (2) Prepare criminal justice population projections | 23 | | annually, including correctional and community-based | 24 | | supervision populations. | 25 | | (3) Analyze data relevant to proposed sentencing | 26 | | legislation and its effect on current policies or |
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| 1 | | practices, and provide information to support | 2 | | evidence-based sentencing. | 3 | | (4) Ensure that adequate resources and facilities are | 4 | | available for carrying out sentences imposed on offenders | 5 | | and that rational priorities are established for the use of | 6 | | those resources. To do so, the Council shall prepare | 7 | | criminal justice resource statements, identifying the | 8 | | fiscal and practical effects of proposed criminal | 9 | | sentencing legislation, including, but not limited to, the | 10 | | correctional population, court processes, and county or | 11 | | local government resources. | 12 | | (5) Perform such other studies or tasks pertaining to | 13 | | sentencing policies as may be requested by the Governor or | 14 | | the Illinois General Assembly. | 15 | | (6) Perform such other functions as may be required by | 16 | | law or as are necessary to carry out the purposes and goals | 17 | | of the Council prescribed in subsection (b). | 18 | | (e) Authority. | 19 | | (1) The Council shall have the power to perform the | 20 | | functions necessary to carry out its duties, purposes and | 21 | | goals under this Act. In so doing, the Council shall | 22 | | utilize information and analysis developed by the Illinois | 23 | | Criminal Justice Information Authority, the Administrative | 24 | | Office of the Illinois Courts, and the Illinois Department | 25 | | of Corrections. | 26 | | (2) Upon request from the Council, each executive |
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| 1 | | agency and department of State and local government shall | 2 | | provide information and records to the Council in the | 3 | | execution of its duties. | 4 | | (f) Report. The Council shall report in writing annually to | 5 | | the General Assembly , the Illinois Supreme Court, and the | 6 | | Governor. | 7 | | (g) This Section is repealed on December 31, 2015.
| 8 | | (Source: P.A. 96-711, eff. 8-25-09; 96-1000, eff. 7-2-10; | 9 | | 97-775, eff. 7-13-12.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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