Full Text of SB3010 93rd General Assembly
SB3010 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3010
Introduced 2/6/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED: |
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New Act |
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25 ILCS 130/1-3 |
from Ch. 63, par. 1001-3 |
25 ILCS 130/1-5 |
from Ch. 63, par. 1001-5 |
25 ILCS 130/Art. 12 heading new |
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25 ILCS 130/12-5 new |
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25 ILCS 130/12-10 new |
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Creates the Criminal Law Impact Note Act. Provides that upon the introduction
of any bill,
the purpose and effect of which is to amend the Criminal Code of 1961, Juvenile
Court Act of
1987, Code of Criminal Procedure of 1963, or any other criminal law, the Clerk
of the House of
Representatives or the Secretary of the Senate shall forward the bill to the
Criminal Laws
Commission which shall prepare a Criminal Law Impact Note which shall be
received prior to the
bill being assigned to any committee of the General Assembly. Amends the
Legislative
Commission Reorganization Act of 1984. Creates the Criminal Laws Commission as
a legislative
support services agency. Provides that the Criminal Laws Commission shall
consist of 16
members, 4 each appointed by the President of the Senate, Minority Leader of
the Senate, Speaker
of the House of Representatives, and Minority Leader of the House of
Representatives. Provides
that each member shall serve a 2-year term. Provides that the Commission: (1)
shall make a
continuing study of the criminal, procedural, and sentencing laws, including
those laws applicable
to juveniles, and shall make recommendations on proposed changes to those laws;
(2) shall report
to the General Assembly annually or as it deems necessary or useful on the
results of its studies and
the performance of its duties; (3) shall be responsible for the preparation of
Criminal Law Impact
Notes; and (4) may request assistance from any other entity or person as
necessary or useful for the
performance of its duties. |
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB3010 |
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LRB093 21141 RLC 47201 b |
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| AN ACT in relation to the General Assembly.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Criminal Law Impact
Note Act .
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| Section 5. Necessity on certain bills. Upon the | 7 |
| introduction of any bill,
the purpose and
effect of which is to | 8 |
| amend the Criminal Code of 1961, Juvenile Court Act of
1987, | 9 |
| Code of
Criminal Procedure of 1963, or any other criminal law, | 10 |
| the Clerk of the House
of Representatives
or the Secretary of | 11 |
| the Senate shall forward the bill to the Criminal Laws
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| Commission which shall
prepare a Criminal Law Impact Note which | 13 |
| shall be received prior to the bill
being assigned to any
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| committee of the General Assembly.
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| Section 10. Form and content of note. The note shall | 16 |
| provide a statement as
to the impact of
the proposed bill, | 17 |
| including a comment on its constitutionality. The Commission
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| may include any
comment or opinion which it deems appropriate | 19 |
| regarding the merits of the bill
including any
recommended | 20 |
| modifications.
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| Section 15. Effect of hearings. The fact that a Criminal | 22 |
| Law Impact Note is
prepared for any
bill or any hearing | 23 |
| conducted by the Criminal Laws Commission does not preclude
or | 24 |
| restrict the appearance before any committee of the General | 25 |
| Assembly of any
official or
authorized employee of any State | 26 |
| board, commission, department, agency, or
other entity who
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| desires to be heard in support of or in opposition to the | 28 |
| measure.
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| Section 20. Amended bills; revised notes. Whenever any |
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SB3010 |
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LRB093 21141 RLC 47201 b |
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| committee of the
General
Assembly reports any bill with an | 2 |
| amendment of such nature as will
substantially affect the | 3 |
| impact
of the bill on any criminal law, except for those | 4 |
| amendments made pursuant to a
recommendation
contained in a | 5 |
| Criminal Law Impact Note, and whenever a bill is amended on the
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| floor of either
house, the Criminal Laws Commission may, on its | 7 |
| own initiative, or shall, upon
the request
of any member of the | 8 |
| house by which the bill is being considered, prepare a new
or | 9 |
| revised
Criminal Law Impact Note.
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| Section 105. The Legislative Commission Reorganization Act | 11 |
| of 1984 is
amended
by
changing Sections 1-3 and 1-5 and adding | 12 |
| Article 12 as follows:
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| (25 ILCS 130/1-3) (from Ch. 63, par. 1001-3) | 14 |
| Sec. 1-3. Legislative support services agencies. The Joint | 15 |
| Committee on
Legislative Support Services is responsible for | 16 |
| establishing general policy and
coordinating activities among | 17 |
| the legislative support services agencies. The
legislative | 18 |
| support services agencies include the following:
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| (1) Joint Committee on Administrative Rules;
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| (2) Illinois Economic and Fiscal Commission;
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| (3) Legislative Information System;
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| (4) Legislative Reference Bureau;
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| (5) Legislative Audit Commission;
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| (6) Legislative Printing Unit;
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| (7) Legislative Research Unit; and
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| (8) Office of the Architect of the Capitol ; and | 27 |
| (9) Criminal Laws Commission .
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| (Source: P.A. 93-632, eff. 2-1-04.)
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| (25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) | 30 |
| Sec. 1-5. Composition of agencies; directors.
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| (a)(1) Each legislative support services agency listed
in | 32 |
| Section 1-3 is hereafter in this Section referred to as the | 33 |
| Agency.
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LRB093 21141 RLC 47201 b |
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| (2) (Blank).
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| (2.1) (Blank).
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| (2.5) The Board of the Office of the Architect of the | 4 |
| Capitol shall
consist of
the
Secretary and Assistant Secretary | 5 |
| of the Senate and the Clerk and Assistant
Clerk of the House of | 6 |
| Representatives.
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| (2.6) The Criminal Laws Commission shall consist of 16 | 8 |
| members. The
President of the Senate, Minority Leader of the | 9 |
| Senate, Speaker of the
House of Representatives, and Minority | 10 |
| Leader of the House of
Representatives shall each appoint 4 | 11 |
| members for 2-year terms.
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| (3) The other legislative support services agencies shall | 13 |
| each
consist of 12 members of the General Assembly, of whom 3 | 14 |
| shall be appointed by
the President of the Senate, 3 shall be | 15 |
| appointed by the Minority Leader of the
Senate, 3 shall be | 16 |
| appointed by the Speaker of the House of Representatives,
and 3 | 17 |
| shall be appointed by the Minority Leader of the House of
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| Representatives. All appointments shall be in writing and filed | 19 |
| with the
Secretary of State as a public record.
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| Members shall serve a 2-year term, and must be appointed by
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| the Joint
Committee during the month of January in each | 22 |
| odd-numbered year for terms
beginning February 1. Any vacancy | 23 |
| in an Agency shall be filled by appointment
for the balance of | 24 |
| the term in the same manner as the original appointment. A
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| vacancy shall exist when a member no longer holds the elected | 26 |
| legislative
office held at the time of the appointment or at | 27 |
| the termination of the
member's legislative service.
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| (b) (Blank).
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| (c) During the month
of February of each odd-numbered year, | 30 |
| the Joint Committee on
Legislative
Support Services shall | 31 |
| select from the members of each agency, other than the
Office | 32 |
| of the Architect of the Capitol, 2 co-chairmen and such
other | 33 |
| officers as the Joint Committee deems necessary.
The
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| co-chairmen of each Agency shall serve for a 2-year term,
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| beginning February
1 of the odd-numbered year, and the 2 | 36 |
| co-chairmen shall not be members of or
identified with the same |
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| house or the same political party. The co-chairmen
of the Board | 2 |
| of the Office of the Architect of the Capitol shall be the
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| Secretary of the Senate and the Clerk of the House of | 4 |
| Representatives, each ex
officio.
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| Each Agency shall meet twice annually or more often upon | 6 |
| the call of the
chair or any 9 members (or any 3 members in the | 7 |
| case of the Office of the
Architect of the Capitol). A quorum | 8 |
| of the Agency shall consist of a
majority of
the appointed | 9 |
| members.
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| (d) Members of each Agency shall serve without | 11 |
| compensation, but shall be
reimbursed for expenses incurred in | 12 |
| carrying out the duties of the Agency
pursuant to rules and | 13 |
| regulations adopted by the Joint Committee on
Legislative | 14 |
| Support Services.
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| (e) Beginning February 1, 1985, and every 2 years | 16 |
| thereafter,
the Joint
Committee shall select an Executive | 17 |
| Director who shall be the chief
executive officer and staff | 18 |
| director of each Agency. The Executive Director
shall receive a | 19 |
| salary as fixed by the Joint Committee and shall be authorized
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| to employ and fix the compensation of necessary professional, | 21 |
| technical
and secretarial staff and prescribe their duties, | 22 |
| sign contracts, and issue
vouchers for the payment of | 23 |
| obligations pursuant to rules and regulations
adopted by the | 24 |
| Joint Committee on Legislative Support Services. The
Executive | 25 |
| Director and other employees of the Agency shall not be subject
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| to the Personnel Code.
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| The executive director of the Office of the Architect of | 28 |
| the Capitol shall
be known as the Architect of the Capitol.
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| (Source: P.A. 93-632, eff. 2-1-04.)
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| (25 ILCS 130/Art. 12 heading new)
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| ARTICLE 12.
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| (25 ILCS 130/12-5 new)
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| Sec. 12-5. Criminal Laws Commission. The General Assembly |
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LRB093 21141 RLC 47201 b |
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| finds that the
laws
addressing criminal offenses, procedures, | 2 |
| and sentencing are in need of a
comprehensive review as
a | 3 |
| result of the thousands of individual amendments adopted during | 4 |
| the past
forty-plus years. The
General Assembly also finds that | 5 |
| the public would benefit by providing a
commission to maintain
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| the criminal laws by reviewing all proposed bills impacting | 7 |
| criminal laws. The
Criminal Laws
Commission is hereby | 8 |
| established as a legislative support services agency. The
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| Commission is
subject to the provisions of this Act. The | 10 |
| Commission shall perform the powers
and duties
delegated to it | 11 |
| under this Act and such other functions as may be provided by
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| law.
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| (25 ILCS 130/12-10 new)
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| Sec. 12-10. Powers and duties. The Criminal Laws Commission | 15 |
| shall have the
following
powers and duties:
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| (1) The Commission shall make a continuing study of the | 17 |
| criminal,
procedural, and sentencing laws, including those | 18 |
| laws applicable
to juveniles, and shall make | 19 |
| recommendations on proposed changes to those laws.
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| (2) The Commission shall report to the General Assembly | 21 |
| annually
or as it deems necessary or useful on the results | 22 |
| of its studies and
the performance of its duties.
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| (3) The Commission shall be responsible for the | 24 |
| preparation of Criminal
Law Impact
Notes as provided in the | 25 |
| Criminal Law Impact Note Act.
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| (4) The Commission may request assistance from any | 27 |
| other entity or person
as
necessary or useful for the | 28 |
| performance of its duties.
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