100th General Assembly Bills and ILACP Positions

Updated November 28, 2017

Chair of the ILACP Legislative Committee:

Chief Marc Maton marcmatonilacp@gmail.com

Assisted in leadership by:

Chief Terry Lemming TLemming@lockportpolice.info     

Chief Robert Porter rporter@huntley.il.us

Our lobbyist: Ret. Chief John Millner john@johnmillner.com

TOP ISSUES

HB 303 –Seizure and Forfeiture Reporting Act.

ILACP supported. Governor signed into law Sept. 19, 2017. PA 100-0512. Effective July 1, 2018.

We supported the final version of the bill, which passed both houses and went to the governor July 21.We opposed two earlier House bills (HB 468 and 689) that would have taken away much of our ability to seize assets and retain them. Those bills gave way to a Senate amendment in which Senator Don Harmon (D-Oak Park) became the primary negotiator on this issue. There were compromises, but we were able to hold onto three major provisions regarding asset forfeiture: (1) the ability to seize money or property even if there is not a criminal conviction, (2) the right to retain the assets for use in our local agencies – that is, not turning the assets over to the state or any state agency; and (3) changing the standard to “preponderance of the evidence,” from “probable cause.” We successfully resisted an attempt by some to move the standard to “clear and convincing evidence.”   The bill added additional due process for respondents and shifted the burden to the State.  More oversight of the use of funds, including new reporting requirements, are included in the bill.  There are several procedural changes in the new Act which mostly impact court procedures.  After the bill passed, the ILACP Board of Officers voted to extend special recognition to Matt Jones of the Illinois State’s Attorneys Appellate Prosecutor’s office and to Dant Foulk, a Will County assistant state’s attorney and an expert on asset forfeiture. Jones and Foulk devoted many, many hours to reviewing and negotiating language to get compromises that benefited us.


HB 418 – Police pensions.

ILACP supported. Governor signed into law August 24, 2017. PA 100-0281.

                 This was the bill we had been fighting for three years. As originally filed, the bill filed by Rep. Grant Wehrli said that if you are retired and collecting a police pension and you go to work for another municipal police department as a chief or as an officer, you must stop collecting your pension while you are working in the next job. We defeated it for two years during the last two sessions This year the new language, which we proposed, is much different. It provides that if a police officer is receiving pension payments and returns to active service with any municipality that has established a downstate police pension fund, the officer/chief may continue to receive those pension payments, but must not participate in a second pension plan. Instead, he or she can participate in a municipality's defined contribution plan. The bill requires municipalities to establish a defined contribution plan. The sponsor continues to say he defeated “double dipping” by chiefs. That is inaccurate, and we need to keep educating people that this is not accurate. 

 

HB2353 (Cassidy)  and SB 316 (Steans).

Cannabis Regulation and Taxation Act

ILACP opposes. Did not pass either house, but the proponents keep pushing it.

These bills are more commonly called the legalization of recreational marijuana. Under ILACP President James Kruger’s leadership, the association has decided to oppose the legalization of recreational marijuana in the strongest ways possible, without compromise on this issue. We are convinced that if this would happen, there will be more fatalities, more accidents, and more hospitalizations for a variety of reasons. The bill sponsors said they did not intend to pass the legislation this year, even though they believe a majority of Illinoisans support the legalization of marijuana. We are participating actively with Illinois Partners, a coalition of opponents, and we have many studies that point to serious problems in states where marijuana has become legal. We anticipate a barrage from many pro-marijuana lobbyists and intend to make this a major fight if necessary – to keep our roads and communities safer.  ILACP President James R. Kruger and Chief Terry Lemming testified against the bills on September 6; there was another hearing November 28.

HB 3903 (Stratton). School booking stations.

ILACP was neutral. Formerly opposed. Governor signed into law August 18, 2017. PA 100-0204.

Earlier versions of this bill and SB 1885 would have prohibited any “place of detention or criminal processing” on school grounds. The sponsors also attempted to pass language that would prohibit questioning of students by police in the schools. They tried on a few occasions to hide the language but we kept finding it. We were opposed for that reason as well. Once the fixed that language and one other section, we went neutral. Now we have to pay close attention to how the language will be interpreted. We were concerned about being prohibited from arresting students even for serious offenses at schools, and we were concerned about law enforcement not being able to do their jobs at schools. We went neutral when House Floor Amendment 3 said the prohibition ”shall be applied to student booking stations only, and does not prohibit or affect the establishment or maintenance of any place operated by or under the control of law enforcement personnel, school resource officers, or other security personnel that does not also qualify as a student booking station. Provides that the prohibition does not affect or limit the powers afforded law enforcement officers to perform their duties within schools as otherwise prescribed by law. Allows the use of temporary detention spaces under certain circumstances.”

 

SB 31  -– Illinois TRUST Act

ILACP supported. Governor signed into law August 28, 2017. PA 100-0463.

There was a lot of misunderstanding about this bill, which clarifies that local law enforcement agencies are not authorized to enforce federal civil immigration laws. The association received some pushback after we announced our support for it. But our support came only after the earlier original language was changed, with the worst provisions of the bill removed. Gone from the bill was language that would have allowed people to sue the police for damages resulting from violations of this act and would have prevented ICE agents from being in a local police station. After the bill passed the Senate, other law enforcement lobbyists, such as the Illinois State Police and Illinois Sheriffs Association, continued to work the bill and strengthened the bill for law enforcement, including getting immunity for police acting in good faith. In the end, the bill does not prohibit local police from arresting immigrants for violations of state law, and it does not prohibit local police from being in communication with federal agencies. The bill was amended substantially six times – three times in the Senate and then three more in the House. We were in the negotiations all along and plan to do some training on the complexities of the bill. Some people continue to say this law makes Illinois a sanctuary state, but that is wrong.

SB 32 – Trailer bill to SB 31, Illinois Trust Act.
ILACP opposes. Negotiations continue. Passed the Senate but held in House Executive Committee.

This bill has to do with certification forms. The Illinois State Police opposes the current language and we are with the Illinois State Police in opposition.

 

SB 453 SA2 – Safe Schools and Healthy Learning Environment Program
ILACP opposed. Passed in the Senate and lost in the House by a 58-50 vote during Veto Session.

This bill would require some school districts to reallocate funding that now goes to School Resource Officers. The premise of the bill – which ILACP strongly disagrees with –  is that police officers are too often a negative presence in schools and that schools should have “other evidence-based and promising practices designed to promote school safety and healthy learning environments, including, but not limited to, restorative justice programs; increased use of school psychologists, social workers, and other mental health and behavioral health specialists; [and] drug and alcohol treatment services.” The bill also endorses “promising practices” that have the potential to become evidence-based practices. This bill has some of the worst anti-police language emerging in Illinois legislation in recent years. It says, among other things, the General Assembly “recognizes” that there has been an “over-criminalization of K-12 students [with] significant negative consequences for students, families, and entire communities” that that these dynamics “have disproportionately affected students of color.” We are fighting this bill.

 

SB 1451 – Creates the Small Wireless Facilities Deployment Act
ILACP neutral. Passed in both houses during Veto Session. Not yet sent to governor; Senate is holding the bill as a procedural matter.

This complicated bill addresses how to regulate the addition of “small cells” to poles and towers that will allow wireless carriers such as AT&T and Verizon to expand wireless coverage to include faster transmission speeds such as 5G. We were very concerned about possible interference of these signals with public safety communications, and we participated in many meetings and phone calls to negotiate all of our major concerns. We were largely successful in those negotiations and that’s why we switched from opposed to neutral. The Illinois Municipal League was also neutral, even though many individual municipalities in the suburbs were opposed. We were pleased that the wireless carriers moved considerably in our direction after raising many concerns.

 

 SB 1811 – 911 Extension and Increased Surcharges for 911.

ILACP supported. Passed both houses, vetoed by governor, but veto overridden so it became law July 1, 2017 as Public Act 100-020.

There was great concern about the 911 Act expiring on July 1, 2017. (There was also some confusion about bill numbers, because the first bill the legislature passed on this topic was SB 1839. That bill eventually died.) This new law changes the law’s name from the Wireless Emergency Telephone Safety Act to the Emergency Telephone System Act and extends the act from July 1, 2017, to Dec. 31, 2020.  It also allows for an increase in consumer surcharges that pay for 911 expenses from $0.87 to $1.50 and $5.00 for Chicago. It also allows AT&T to discontinue support of land lines.

 

SB 1980 HA1 – Creates Violent Crime Suppression Task Force (under ISP).

ILACP Opposed. Passed in the Senate but stalled in House Rules Committee.

This 273-page bill contains the sentencing reform commission recommendations and has a lot of bad ideas. It would increase the threshold for retail theft felony to $2,000 from $300 and theft of property to $2,000 from $500 as a Class A Misdemeanor. It also would reduce penalties for marijuana, controlled substances, and meth, and it would increase cannabis possession as a civil law violation goes 10 grams to 30 grams. Also would create the First Time Weapon Offender Diversion Program.

 

 OTHER BILLS

Here are some of the other bills on which we have taken positions.  Many bills are not listed here because they are stuck in committee in the chamber in which they were originally filed, which means it is less likely that they will receive further consideration this month.

HB 242 (Flowers) - COLLEGE ADMISSIONS INQUIRIES
ILACP opposes. Stalled in House Rules Committee.


HB 243 (Flowers) - 
POLICE JOB TRAINING PROGRAM in SCHOOLS
ILACP neutral. Initially opposed. Governor signed into law August 25. PA 100-0331.

Earlier versions of this bill would have required many school districts with high schools to create a partnership with law enforcement to establish a jobs training program open to all students regardless of the students’ backgrounds. It would be called “the police training academy job training program.” The final version of the bill removed the requirement; instead, it said high schools in counties with 175,000 or more inhabitants “may” create such partnerships, but they aren’t required to. That moved our position from opposed to neutral.

HB 375 (Fine) - MENTAL HEALTH TRAINING
Governor signed August 22, 2017. PA 100-0247.

Provides that the curriculum for probationary officers and in-service training requirements shall include mental health awareness and response; this may be CIT Training in Cook County. Provides that the Illinois Law Enforcement Training Standards Board shall create an introductory course incorporating adult learning models that provides law enforcement officers with an awareness of mental health issues, and the potential interactions law enforcement officers may have on a regular basis with these individuals, their families, and service providers, including de-escalating a potential crisis situation. Provides that this course, in addition to other traditional learning settings, may be made available in an electronic format. 

 

HB 438 (Ives) - LOCAL GOV BANKRUPTCY NEUTRAL EVALUATION
ILACP opposed. Stalled in House Rules Committee.


HB 514 (Ford) - 
IMMEDIATE SEALING OF RECORDS
Neutral (formerly Opposed). Governor signed into law August 24, 2017. PA 100-0282.

This bill provides that records of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, may be immediately sealed after the final disposition of the case.

 

HB 1785 – BIRTH CERTIFICATE – SEX DESIGNATION
ILACP opposed. Governor signed into law August 25, 2017. PA 100-0360.

This bill allows a person who has undergone gender transition treatment (physical or psychological) to get a new birth certificate that indicates a different sex designation and name change from the ones that appeared on the original birth certificate. ILACP believes that this could cause a problem for law enforcement in a variety of situations and settings.

 

HB 2663 (Stratton) - PROHIBIT EXPULSION FROM PRE-SCHOOL
ILACP Supported. Governor signed into law August 14, 2017.

HB 3203, HA1 (Guzzardi) - ANNUAL REPORTING OF ALL LAW ENFORCEMENT DISCIPLINE
ILACP opposed. Stalled in House Rules Committee.


HB 3817 - EXPUNGEMENT OF JUVENILE RECORDS
ILACP opposed, then neutral. Governor signed into law August 24, 2017. PA 100-0285.

By January 1 each year, requires local law enforcement and Illinois State Police to expunge all law enforcement records relating to an individual's 18th birthday when certain conditions are met. We fought this bill for three years, but the sponsor was determined to get it passed. We received some concessions and exceptions to the expungement requirement.

 
SB 58 (Hunter) - POLICE SHOOTING – DRUG TEST REQUIRED
ILACP opposed. Governor signed into law August 25, 2017. PA 100-0389

Requires each law enforcement officer who is involved in an officer-involved shooting to submit to drug and alcohol testing, and the drug and alcohol testing must be completed no later than the end of the involved officer's shift or tour of duty.

SB 315 (Morrison) - SALE OF PRE-PACKAGED EXPLOSIVES
ILACP Supported. Passed both houses, but governor vetoed August 25, 2017. Veto stood, not overridden.

Provides that no person may acquire or possess any pre-packaged explosive components in Illinois without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police. Known at the “Tannerite bill” because of the use of powder marketed primarily for making exploding targets for firearms practice, we were concerned about the potential use of this product for more nefarious reasons, such as use by terrorists, because it could be purchased without restriction. Lobbyist John Millner testified in the Senate that there should be restrictions before purchasing. We decided that before purchasing they needed a FOID card. The legislature agreed with us and it passed both houses.

 

SB 1657 (Harmon) - GUN DEALER LICENSING
ILACP Neutral. Passed in Senate. Stalled in House Rules Committee.


SB 2011 (Nybo) - REGULATES PRESCRIPTION OF OPIOD SUBSTANCE
ILACP supports. Stalled in Senate.

Requires to pharmacist to limit a prescription for an opiate to a seven-day supply.

 

3 RESOLUTIONS PROMOTING ILACP’S "DISTRACTED DRIVING AWARENESS WEEK"

Proclamation by Governor Bruce Rauner was issued.

House Resolution 216, sponsored by Rep. Robert Martwick

Senate Resolution 322, sponsored by Sen. Castro

Senate Resolution 27 - SAFE PASSAGES INITIATIVES -
ILACP Neutral

Supports Safe Passages Initiatives and encourages all police departments in the state to research and implement Safe Passages Initiatives in their respective cities and counties.