Legislative Alert

How our bills and issues fared in the Spring 2018 session

July 2, 2018

Compiled by Sherrie Phipps and Ed Wojcicki, ILACP Staff
Reviewed and edited by Legislative Committee leaders

Note to ILACP members:
Our Legislative Committee took a look at more than 500 law enforcement-related bills this spring, and we ended up following dozens of them closely. The Legislative Committee and Board of Officers set priorities in January, adjusted them before our Lobby Day in April, and then made additional adjustments in May, based on hot topics as the session came to an end. Following is a summary of how the bills and issues fared that were of greatest significance to us.

The list shows our positions on issues, and whether the position changed during the spring.

The current status of the bill is in red. This indicates whether a bill passed one or both of the chambers, or whether the bill remains “in committee” in one of the chambers. If we opposed a bill and it’s still in committee, that is good for us – for now, at least.

ILACP Top Legislative Priorities – 2018

Juvenile Expungement PA 100-0285 enacted last year
CLARIFICATION AMENDMENT WAS REQUESTED

In 2017, HB3817 (so-called the Youth Opportunity and Fairness Act) passed by narrow margins in the House and the Senate in the final hectic days of the spring session. It requires police departments to expunge juvenile records in new ways, some of which are detrimental to law enforcement and society. Creates a serious burden for departments’ records divisions. We are working to roll back the most odious parts of this law. ILACP negotiated with proponents of the Juvenile Expungement Act to clarify and clean up rules on juvenile expungement. We are aware of the problems with application of this Act and are working to achieve some modifications to the Act during this calendar year. The major issues have not been resolved.

SB 2789 (Sen. Chapin Rose, Rep. Brian Stewart) SUPPORT
EXPUNGEMENT - TECHNICAL CLARIFICATION

This bill, also supported by the Illinois Sheriffs, makes a change that helps us on the road to improving the juvenile expungement bill that was enacted last year.

Status: Passed in Senate; on second reading in House then sent to House Rules Committee
Additional Information: Initially we opposed this legislation. Upon further negotiation we agreed to support after changes were made to address some of our concerns. It’s a start. Although the proponents of the bill did not consider changing most of the concerns we raised about juvenile expungement, we are seeking to run a new bill during veto session which will include the language that being negotiated would be good for us.

HB 4581 (Rep. Laura Fine) OPPOSE
RAISES JUVENILE AGE TO 21

Provides that on and after January 1, 2021, "delinquent minor" includes a minor who prior to his or her 21st birthday has committed a misdemeanor offense and has violated or attempted to violate, regardless of where the act occurred. This would put younger juveniles into the same prison system with 18 to 21-year-olds. The data that exists suggests the criminal activity among juveniles is likely to increase. Most gang members are within the impacted age group and this would subject many offenders to far more lenient penalties. Juvenile incarceration is an expensive proposition, outstripping the costs of adult prison by a factor of two or three.

Status: House Committee
Additional information: Although the bill stalled in the House Rules Committee, it will remain a high priority on our legislative list. It could potentially be called and run during veto session when lawmakers return.

SB 2562 (Sen. Martin Sandoval) / HB4405 Rep. D’Amico SUPPORT
DRONE USE-LARGE EVENT

Amends the Freedom from Drone Surveillance Act. Provides an exemption to the Act for a law enforcement agency that is using a drone to prepare for or monitor safety and security at a large-scale event, if drone usage is limited to legitimate public safety purposes. The operative bill on this same issue started as HB 4405.

Status: Passed Senate, Passed in House with amendments; back to Senate Committee for concurrence
Additional Information: We’ve agreed to support this legislation, which, as amended, requires a crowd size of at least 1,500 for drone surveillance to be used. The latest amendment has additional restrictions for use of the drone when operating under this exemption. A crowd size of 1500 to 2500 would be agreeable to us. We supported the minimum crowd size of 100 in the earlier legislation, but we accepted the compromise.

HB 4499 (Rep. Keith Wheeler) SUPPORT
CREATES THE PUBLIC DUTY RULE
Provides that a local governmental entity and its employees owe no duty of care to individual members of the public to provide governmental services. On January 22, 2016, the Illinois Supreme Court abolished the public duty rule. The public duty rule is an important doctrine that is grounded in the principle that the duty of a local governmental entity to preserve the well-being of the community is owed to the public at large rather than to specific members of the community.

Status: Stalled in House Committee

HB 5490 (Rep. Joe Sosnowski) OPPOSE 
AMENDS DOWNSTATE POLICE ARTICLE OF PENSION CODE
Provides that a chief of police who has voluntarily entered into an irrevocable agreement with a municipality to not participate in that municipality's pension fund is not eligible to participate in that municipality's pension. We are asking that bill be held for more discussion, but we also have alternative language if the bill continues to move along.

Status: Passed House; passed in Senate committee; Senate third reading deadline was May 31
Additional information: This legislation will remain a priority on the legislative list. We did not agree with the pension fund guidelines within the measure. Although we have alternative language prepared, we will continue to work with the proponents to nail down language that is agreeable for all.

SB 2275 –(Sen. Cunningham) OPPOSED
CANNABIS LEGALIZATION PUBLIC QUESTION/ REFERENDUM
Creates the Marijuana Legalization Referendum Act. Requires the State Board of Elections to cause a statewide advisory public question to be submitted to the voters at the November 6, 2018 general election asking whether individuals support the legalization of possession and use of marijuana by persons who are at least 21 years of age.

Status: Passed Senate, remains in House Committee
Additional Information: Any attempts to legalize recreational use marijuana we will oppose.

HB 4208- (Rep. Welch) OPPOSE [LATER CHANGED TO NEUTRAL]
PROHIBIT FUNDING FOR SROS
This bill originally incentivized school districts to forego law enforcement in their schools. Through negotiations, the sections linking funding for social workers to elimination of SROs has been stripped.

Status: Passed Both Houses.
Additional Information: Originally, we were opposed to this legislation. We negotiated to make this bill as have no real impact to SRO programs. Some language remined in the bill; however; that contained aspirational language that we did not agree with. We believe we’ve addressed all the components that would impact or affect our members significantly.

HB 4594- (Rep. Anderson) OPPOSE [due to ILETSB opposition]
COURT FEE REFORM BILL
Creates the Criminal and Traffic Assessment Act. Provides a minimum fine is $25. Provides when any defendant is convicted, pleads guilty, or placed on court supervision for a violation of a law or local ordinance, the court shall order one schedule of assessments in the case plus any conditional assessment applicable to a conviction in the case, as set forth in the Act, for the defendant to pay in addition to any fine, restitution, or forfeiture ordered by the court.

Status: Passed Both Houses
Additional Informaition: Very late into session, the Training Board introduced a new amendment to the bill. We supported that amendment, but it did not gain traction. The issue is whether the Training Board and Mobile Training Units would end up with less revenue. There is honest disagreement about this. Despite the Training Board’s opposition, the bill passed, and Sen. Mulroe agreed to monitor the revenues going forward.

HB 4029- (Rep. Burke) LE Exemption SUPPORT
CELL PHONE SURCHARGE
Provides that a monthly surcharge of $0.87 charged by each wireless carrier per CMRS connection that has a telephone number within an area code assigned to Illinois by the North American Numbering Plan Administrator or has a billing address in this State does not apply to local, municipal, or State police or fire departments who are customers of wireless carriers.

Status: Stalled in House Committee

SB 2642- (Sen. Munoz) SUPPORT
RETIRED OFFICER TAN CARD EXEMPTION
Provides that an individual who is a former peace officer but continues to perform services in an armed capacity that is a licensed activity under the Act is required to obtain a permanent employee registration card but is not required to obtain a firearm control card if the individual is in compliance with the Federal Law Enforcement Officers Safety Act of 2004.

Status: Passed both Houses
Additional Information: Our Public-Private Liaison Committee asked us to support this bill on behalf of the private security industry. We are pleased that it passed.

SB 3023- (Sen. Bush) SUPPORT
SAFE PASSAGE
Allows a law enforcement agency to establish a program to facilitate contact between a person and a licensed substance abuse treatment provider for assessment and coordination of treatment. Provides for civil liability immunity and eligibility for funding.

Status: Passed both Houses
Additional Information: We have supported efforts in Dixon, Lake County, and other places where local law enforcement helps victims of opioids get into treatment rather than the criminal justice system.

SB 3415- Extension (Sen. Raoul) OPPOSE
REPEAL DATA COLLECATION/PEDESTRIAN DATA STOP ACT
Deletes language providing that the Section concerning the traffic and pedestrian stop statistical study is repealed on July 1, 2019. Provides that the Department of Transportation shall report specified findings and recommendations to the Governor and the General Assembly on March 1, 2022 (rather than March 1, 2004).
Traffic and pedestrian stop statistical study provides that the Department of Transportation shall report its findings and recommendations electronically to the Governor and the General Assembly

Status: Stalled in Senate Committee
Additional Information:

REPEAL DATA COLLECTION for TRAFFIC AND PEDESTRIAN STOPS SB2369 (formerly SB3415)
Other than IDOT’s annual reports of statistics, no significant analyses have been made of the data being collected since 2004. The current extension requires us to collect data until July 1, 2019. We would like to see the program expire at that time. So we will continue to oppose bills that extend the deadline for collecting data.

SB 880- (Sen. Munoz) SUPPORT
LPR BILL
Creates the Automated License Plate Recognition System Data Act. Provides that a law enforcement agency may use recorded automated license plate recognition system (ALPR) data and historical ALPR system data only for a legitimate law enforcement purpose.

Status: Stuck in Senate Committee
This is "our bill" - one that our association would push actively.

HB 2367- (Rep. Ford) OPPOSE
JUVENILE RECORDS SEALING
Provides that convictions for a non-violent offense that did not result in bodily harm or death to another person may be sealed 10 years after the termination of the petitioner's last sentence.

Status: House Committee

SB 2925- (Sen. Lightford)- Initially OPPOSED [CHANGED TO NEUTRAL]
SRO STANDARDS
Provides that the Illinois Law Enforcement Training Standards Board shall develop or approve a curriculum for a certified training program for school resource officers which shall consist of at least 40 hours of training.

Status: Passed both Houses
Additional Information: Our original opposition was based on the fact that the bill ignored training that SROs already receive. We were able to adjust the training requirements to make them more in line with what is already occurring. That shifted our position to neutral.

HB 3142 – (Rep. Wheeler) OPPOSE
CRIMINAL BACKGROUNDS IN ADMISSIONS
Provides that a public college may not inquire about or consider an applicant's criminal history information at any time during the admission decision-making process.

Status: Passed House, on third reading in Senate
Additional Information: The legislation may be called during the legislative veto session. We sent an 11th-hour notice to our members to ask them to tell their senators this is not a good bill. Thanks to all who responded by contacting their senators.

HB 2354 (Rep. Willis) –SB 1291 and HB 772 other versions of the bill that did not move OPPOSED [SWITCHED TO NEUTRAL]
LETHAL ORDER OF PROTECTION ACT
Creates the Firearms Restraining Order Act. Provides that a petitioner may request an emergency firearm restraining order by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm.

Status: HB 2354 Passed both Houses
Additional Information: Governor renamed this legislation the Firearms Restraining Order Act. Initially we were opposed to the legislation. The language read that law enforcement would be allowed to petition to take away a dangerous person’s firearms. We asked to be held harmless in case law enforcement officials opted out of taking away firearms.

HB 3185 (Rep. Ammons)SUPPORT
LATERAL TRANSFERS FOR UNIVERSITY POLICE
Makes changes to provisions concerning veteran preferences and active military service. Moves certain provisions concerning employees promoted in the promotional line and seniority. Makes changes concerning hearings on demotion, removal, or discharge.

Status: Passes both Houses

HB 2353, SB 316 (Sen. Steans/Rep. Cassidy)OPPOSE
LEGALIZATION OF RECREATIONAL MARIJUANA
The Legislature has conducted several “subject matter” hearings on this issue. The lead proponents are Rep. Kelly Cassidy and Sen. Heather Steans. ILACP President James R. Kruger testified at one of the hearings against the legislation and the concept. The Board of Officers also has decided to oppose the possibility of an advisory referendum that could go on the November 2018 ballot. We agree with Governor Rauner that Illinois should wait longer to understand the effects of legalized recreational marijuana in other states.

Status: HB 2353 House Committee; SB 316 Senate Committee
Additional Information: Any attempts to legalize recreational use marijuana we will oppose. Bill sponsors may hold the bill until after the election. On June 12, we released our SRO survey results in a press release. We will continue our efforts.

SB32. (Pres. Cullerton) ILACP WAS OPPOSED, [SWITCHED TO NEUTRAL]
U VISAS
Note: the operative bills became SB 34 and SB 35, not SB 32. See notes below.
SB 34 – (Pres. Cullerton) ENDED UP NEUTRAL
Creates the VOICES Act and requires law enforcement agencies to respond to federal U and T visa certification forms within either 90 or 21 business days. This legislation would require the Illinois State Police to establish at least two additional attorney positions as well one support staff

Status: Passed Both Houses

SB35- (Sen. Harmon) NEUTRAL
SAFE ZONES ACT
Provides that the Attorney General by April 1, 2019, in consultation with appropriate stakeholders, shall publish model policies, limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and State law ensuring that the following facilities remain safe and accessible to all residents of this State, regardless of immigration status.

Status: SB 35 Passed both Houses

Additional Legislative Items

SB 1758 (Sen. Hutchinson) SUPPORT
Helps ILETSB with operations at the new Macon County Law Enforcement Training Center (MCLETC) in Decatur and strengthens its relationship with the University of Illinois and all of the academies.

Status: Passed both Houses

SB 336 (Sen. Harmon) OPPOSE
Expand medical marijuana to help those taking opioids

Status: Passed both Houses
Additional Information: One more step toward legalization. We will continue our efforts to educate the public on the harms of marijuana.

SB 513 – (Sen. Munoz) OPPOSE
Allows foot-scooters wherever you can ride a bicycle. Same rules for foot scooters as bicycles. Sheriffs opposed also.

Status: Stalled in Senate Committee

SB 275 – (Sen. Van pelt) OPPOSE
GANG DATABASES
Creates the Law Enforcement Gang Database Information Act. Provides that each law enforcement agency who maintains a gang database or has access to a shared gang database shall have a policy regarding those databases. Provides that the policy shall include that any records contained in a gang database, shared gang database, gang-related information in a law enforcement agency case report, gang-related information in a law enforcement agency dispatch note, or gang-related information in a law enforcement agency dispatch system record shall not be disclosed

Status: Passed Senate, Arrived in House

SB 2298 (Sen. Hutchinson) OPPOSED
INDUSTRIAL HEMP ACT
Creates the Industrial Hemp Act. Provides that a person desiring to grow, cultivate, or process industrial hemp or industrial hemp products must be licensed by the Department of Agriculture.

Status: Passed both houses by wide margins
Additional Information: We were almost alone in opposing this act, which had the support of the Illinois Farm Bureau and environmental groups. We were remaining opposed for 2 reasons: We thought THC level was too high. We wanted hemp to be regulated by ISP like medical cannabis.

HB 4191 – (Rep. Olsen) NEUTRAL
PET RESCUE BILL (CHANGES MADE FOR LAW ENFORCEMENT)
Provides that the person removing a dog or cat from a locked vehicle must remain with the dog or cat in a safe location until law enforcement, an emergency responder, or an animal control officer arrives and surrenders the dog or cat to the arriving law enforcement, emergency responder, or animal control officer who will seek veterinary care if deemed necessary.
Status: Passed House, now in Senate Committee

HB 4090 HA2 (Rep. Kifowit) OPPOSE
Can’t collect parking fines after 10 years

Status: Stalled in House Rules Committee


SB 2378 amended- (Sen. Raoul) SUPPORT
INTERNAL REVIEW OF OFFICER-INVOLVED SHOOTINGS
Provides that each law enforcement agency shall adopt a written policy for the internal review of officer-involved shootings. Provides that the written policy must include that: each law enforcement officer shall immediately report any officer-involved shooting to the appropriate supervising officer; and each law enforcement agency shall conduct a thorough review of the circumstances of the officer-involved shooting.

Status: Passed both Houses
Additional Information: Codifies what most departments already do. Most have an internal review process already in place. This bill does not define what an internal review, is so that leaves it up to the department/ agency. That’s the way it should be. We will work in a collaborative effort with Sens. Sims and Raoul on use of force issues. This bill is a good start.

SB 3263 (Sen. Sims) SUPPORT
COMMISSION ON POLICE PROFESSIONALISM/ STATE POLICE
The Department of State Police (rather than the Law Enforcement Training Standards Board) shall provide administrative support to the Commission on Police Professionalism. Extends the sunset date on this provision from December 31, 2018, until July 1, 2019.

Status: Passed Both Houses
Additional Information: We thought the Commission on Police Professionalism, established by the Police Improvement Act in 2015, was a good idea. We have official representation on it, and we will strive to get major law enforcement legislation run through this committee.

ILACP Legislative Committee Chair:
Marc Maton, Lemont
Other leaders:
Bob Porter, Huntley
Terry Lemming, Lockport
Vice Chairs (newly appointed):
Kenny Winslow, Springfield
Bill Kushner, Des Plaines
Lobbyist:
John Millner