End-of-session legislative summary
By Kenny Winslow, ILACP Deputy Director April 14, 2022 The Illinois legislature wrapped up a busy abbreviated session on Saturday, April 9 after some heated debate.
As with all sessions, you never get all that you ask for. However, we feel decent about our position. Over the past few weeks, we had several discussions with legislators and the Governor’s Office about various bills and funding ideas and how they would impact our profession. We worked with the members of our law enforcement coalition to present a united front on many issues.
Additionally, we were told that there would be no Trailer Bill 3 to the SAFE-T Act, this session but at the last minute the House passed SB2364, which contained a small number of our concerns. However, it was not considered by the Senate, which had already adjourned. Some media outlets are reporting this passed both houses, but that is incorrect, and the bill is currently on hold awaiting Senate action.
This document is designed to give you a brief overview of some of the bills that passed both houses (unless otherwise noted) and await the Governor’s signature, as well as what happened to other bills that were identified as our priorities. As you are aware, throughout the session, bills are modified, moved, incorporated into other bills, change numbers, etc. While we do not see anything glaring that is detrimental to our profession so far, the devil is in the details, and so our bill review continues.
It should be noted there was a lot of discussion by legislators regarding crime and funding needs for law enforcement. However, there was not much appetite to pass bills that contained penalty enhancements. While a significant amount of funding was earmarked for law enforcement, we are still evaluating how much and for what purposes. We will provide an update once we have that information.
Notable Law Enforcement Related Bills that passed both houses
House Bill 107 ham1 (Ford-D) requires recyclers to track of sales records of catalytic converters to include copies of sellers’ vehicle information and copy of their identification. Passed Both Houses
House Bill 260 sam2 (Williams-D) expands law enforcement use of expressway cameras for hijackings, motor vehicle theft, terrorism, forcible felonies, or firearms-related offenses in addition to detecting highway conditions. Passed Both Houses
House Bill 601 sam1 (Andrade-D) adds to the definition of Burglary Tools - knowingly with the intent to enter the motor vehicle to commit a felony or theft, possesses of any device designed to unlock or start a vehicle without possession of a key; or that captures or duplicates a signal from a key fob of a vehicle to unlock or start a vehicle. Passed Both Houses
House Bill 1091 sam4 (Buckner-D) creates the offense of organized retail crime. Provides that a retail mercantile establishment that is a victim of a violation of retail theft, organized retail crime, financial institution fraud or looting shall have certain rights. Provides that a statewide grand jury may investigate, indict, and prosecute violations of organized retail crime. Passed Both Houses
House Bill 1321 ham 2,3 (LaPointe-D) creates the First Responder Mental Health Grant Program Act. Provides that eligible recipient shall use the grants for expenses related to behavioral health care services for first responders. Passed Both Houses
House Bill 1568 sam 2 (Vella-D) tasks the Illinois Law Enforcement Training and Standards Board (ILETSB) and the Illinois Community College Board (ICCB) with creating a report with recommendations to the General Assembly for establishing minimum requirements for credits that may transfer from Illinois community colleges to satisfy the requirements of law enforcement and correctional intern courses. Makes changes to state LEO’s Tier II pensions (but not municipal officers) by lowering the retirement age to 55 from 60. Allows for some retired law enforcement officers to purchase firearms and retirement badges. Passed Both Houses
House Bill 3699 sam 4 (Delgado-D) allows the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Council to provide grants and financial support to assist in the identification, apprehension and prosecution of hijackers, and the recovery of hijacked and stolen motor vehicles. Passed Both Houses
House Bill 3772 sam 2 (Delgado-D) removes liability for traffic violations, fines, penalties, and fees when vehicle is stolen or hijacked and reported to the appropriate LEA in a timely manner. Requires that associated administrative fees be waived or reimbursed. Passed Both Houses
House Bill 3863 sam 1 (Vella-D) creates the Law Enforcement Recruitment and Retention Fund and provides moneys in the fund shall be used by ILETSB to award grants to units of local government for the purpose of hiring and retaining law enforcement officers. Passed Both Houses
House Bill 3893 sam 1 (Hernandez-D) changes sunset of eavesdropping violation exemptions to 1/1/27 and extends RICO sunset to 6/11/23. (We had asked for a permanent exemption.) Passed Both Houses
House Bill 4383 sam 1 (Buckner-D) bans ghost guns and provides process for serializing firearms and parts. Passed Both Houses
House Bill 4481 sam 1 (Greenwood-D) expands highway cameras and ALPRS in collar counties and to sixteen downstate counties. Passed Both Houses
House Bill 4700 sam 1,2 (Harris-D) increases county sheriffs’ salaries and creates a statewide 988 program for suicide prevention and mental health crises. In doing so moves $5million from E911 to 988 programs. We oppose the sweeping of E911 funds. Passed Both Houses
House Bill 4736 sam 1,3,4 (Gordon-Booth-D) creates the Crime Reduction Task Force and provides that the Task Force shall develop and propose policies and procedures to reduce crime in the State of Illinois. (ILACP has a statutory seat on this Task Force.) Requires the Illinois Criminal Justice Information Authority (ICJIA) to establish a grant program for organizations and units of local government for the purposes of providing an anonymous tip hotline. Creates the Co-Responder Pilot Program Division in East St. Louis Police Department, Peoria Police Department, Springfield Police Department and Waukegan Police Department. Amends, expands, and renames the Gang Crime Witness Protection Act to the Violent Crimes Witness Protection Act. Passed Both Houses
House Bill 5439 sam 2 (Munoz-D) Amends the Illinois Vehicle Code. Provides that no person shall engage in street sideshows on any street or highway of the State. Provides that a person may not knowingly interfere with or cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow (rather than a person may not knowingly cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow). Defines "motor vehicle stunt." Passed Both Houses.
Senate Bill 3019 sam1 (Turner-D) Provides that it is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any carnival, amusement enterprise, or county or State fair when persons under the age of 18 are present. Passed Both Houses
Bills of Interest that passed only one chamber
House Bill 3904 Corrects language to remove Taser from definition of lethal weapon. (Postponed- Senate Executive Committee)
House Bill 4608 (Delgado-D) makes some changes to law enforcement body cameras (when worn) and keeping data past 90 days. Allows ILETSB camera grant to be used for data storage and technology costs. **Note- this is not our BWC bill. Sen. Rachelle Crowe (D-Glen Carbon) has our language and is working to get it incorporated into the bill.
Senate Bill 2364 (Harmon-D) amends provisions of SAFE-T Act to allow law enforcement to arrest people for Class B and C misdemeanors and traffic offenses if they pose a specific, real, and present threat to the community or has a medical or mental health issue that poses a risk to the accused. Changes electronic monitoring rules and delays the effective dates of some provisions.
Other Bills of Interest that passed both Houses
House Bill 1571 ham 2,3 (Manley-D) requires DHS to administer an Off-Hours Child Care program to help first responders have access to childcare for evenings and overnight shifts. Passed Both Houses
House Bill 4667 sam 1 (Yednock-D) allows retired correctional officers to have concealed carry. Passed Both Houses
House Bill 5447 ham 1 (Ugaste) creates a new survivor’s benefit for the spouse of a police officer who was married to the officer after retirement for at least five years prior to the death of the officer and the spouse has attained age 62. Passed Both Houses
Senate Bill 3120 sam 3 (Bush-D) provides that all employees shall be entitled to use a maximum of two weeks (10 workdays) of unpaid bereavement leave for specified events. Provides that an employer may not require that the employee identify which category of event the leave pertains to. Passed Both Houses
Senate Bill 3146 sam 2 (Villanueva-D) amends the One Day Rest In Seven Act to provide that any employer who violates any of the provisions of the Act, shall be guilty of a civil offense (rather than a petty offense). Provides that every employer covered by the Act shall post and keep posted, in one or more conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be provided by the Director of Labor, summarizing the requirements of the Act and information pertaining to filing a complaint. Passed Both Houses
ILACP Top 5 Priority Bills
All five of our priority bills ended as we wanted them to: one passed, and the other four, which we opposed, did not advance.
House Bill 0451 - Oppose- Bans No Knock Warrants and places other restrictions (House Rules).
House Bill 1727 - Oppose- Removes Qualified Immunity and Tort Immunity. Bad Apples in Law Enforcement Accountability Act (House Rules).
House Bill 2779 - Oppose- Would ban consent searches (House Rules).
House Bill 3447 - Oppose- Controlled substance defelonization bill (Senate Assignments).
House Bill 4757 - Support- Bans Ghost Guns; Incorporated some of the language and concepts into HB 4383 sam1- Passed both houses.
ILACP Bills and Initiatives
While we are disappointed that more of our initiatives were not called, we will continue to lobby for them and will try to get them considered in upcoming sessions. Below is our list of proactive initiatives and their status.
House Bill 5452 - Support- changes to Freedom from Drone Surveillance. Allows for more law enforcement usage to include use over public events for real time intelligence. The ACLU opposed portions and we continue to work to attempt to work through their objections (House Rules).
House Bill 5533 - Support- In-Service Training Consolidation. We would like (40) hours every three years with ILETSB setting the priorities (House Rules).
Senate Bill 3071 - Support- Defines and prohibits possession of a “Vehicle Theft Relay Device”. Similar language and concepts rolled into HB 601 sam1 and passed both houses.
Senate Bill 3072 - Support- Police not liable for injury or death of driver or passenger as result of fleeing in stolen vehicle (Senate Assignments).
Senate Bill 3820 - Support- “Residential burglary” would include auto theft on private property (Senate Assignments).
Senate Bill 3821 - Support- Fleeing and Eluding in Stolen Vehicle penalty enhancements (Senate Assignments).
Trailer Bill 3 to SAFE-T Act. Our list of concerns not yet addressed included Taser definition and less lethal force to the back; B and C misdemeanors; Bail Reform, Training cap and funding- we want 40 hours every 3 years with ILETSB setting the priorities; Mental health screenings not required annually; Confidential vs. Anonymous complaints. SB 2364 attempted to address the Class B and C misdemeanors along with traffic offenses, but the Senate had adjourned and did not take action.
Body Camera Act 2015 (No number assigned) Update language to address and clarify various issues and concerns; BWC language- notification language, on/off, in uniform- who wears; funding for storage, personnel, etc. Sen. Crowe has our language and is trying to get it incorporated into HB 4608.
Other Bills we are monitoring but mostly have not advanced
HB 0029 – Oppose- Restricts officers on school grounds unless there is an imminent threat of danger to students (House Rules).
HB 2788 – Oppose- Citizen Safety Act- Restricts use of force and places limits on tact team activation and deployment. Requires monthly Use of Force report to ISP. Requires firing officers for violating Use of Force as defined in this law (House Rules).
HB 2848 – Oppose- Pension bill. Annual increases tied to CPI (House Rules).
HB 3194 – Support- Income tax credit for first responders (House Rules).
HB 4125 – Support- Hate Crime- Police (House Rules).
HB4159 – Support- Police Targeting (House Rules).
HB 4190 – Support- Sentencing transparency when defendants use firearms (House Rules).
HB 4191 – Support- Fund the Police Act (House Rules).
HB 4267 – Support- Higher Education Police Grant- grant for tuition payment for those who work 4 years as an officer (House Rules).
HB 4275 – Support- Creates offense of organized retail theft. Language incorporated into HB 1091 sam4 and passed both houses.
HB 4474 – Support- Death penalty for killing of peace officer (House Rules).
HB 4585 – Support- Enhance penalty for fleeing and eluding (House Rules).
HB 4671 – Oppose- Prohibits guilty minor from being sent to DJJ for Class 3 or 4 Control Substance Violations (House Rules).
HB 4692 – Support- BIPA… add for security purposes (House Rules).
HB 4736 – Support- Violent Crimes Witness Protection Act. Passed both houses but contains additional language.
HB 4799 – Oppose- Adult grow of cannabis by people over 21 (House Rules)
HB 4976 – Support- Public Duty Rule codification; SB 2171 (House Rules and Senate Assignments).
HB 5009 – Support- Peace Officer Arbitration. Restricts arbitrator’s authority in some termination cases; also SB4021 (House Rules and Senate Assignments).
HB 5085 and HB 5199 – Support- Catalytic converter theft and purchase database. Some language incorporated into HB107 ha1 that passed both houses.
HB 5319 – Support- Pilot program for Peoria co-responder model. Incorporated into HB 4736 and passed both Houses.
HB 5523 – Oppose- Local cannabis licensing. Would allow for the sale and use of cannabis at temporary events, clubs and tours (House Rules).
HB 5535 – Oppose- Local LE verification of applicants for firearms purchases (House Rules).
SB 0526- Support- Exempts homicide investigations less than 80 years old from FOIA, unless the act involves a LEO (Senate Assignments).
SB 2186 – Oppose- Retail theft to $2K; 2nd chance probation, reduces penalties (House Rules).
SB 3162 and HB5342 – Support- Permanent eavesdropping exemption. Concepts included in HB 3893 sam1 but only extended until 1/1/27.
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