Lame Duck update:

After a cancelled Veto session, the 5-and-a-half-day lame duck session was extraordinarily busy. The Black Caucus was able to pass three of their four pillars, managing to work with stakeholders to remove some of the language with the most opposition.

We are told the House Calendar for spring session will be ready soon, we will email it to you as soon as it is available.

 Below is a list of some of the key bills during lame duck session and where they ended.

Passed Both Chambers:

HB 3653- Black Caucus criminal justice/policing pillar.

SB 2170- Black Caucus education reform.
SBs 1480, 1608, 1792, 1980-Black Caucus economic package.
HB 3360- ITLA prejudgment interest.
SB 54- Home liquor delivery.

Did not receive Final Action in the House:

HB 3840- Black Caucus pillar health care omnibus (passed Senate).
HB 122- Cannabis clean up.
HB 3994- Election bill.
HB 3469- Remote legislating.

Did not receive Final Action in the Senate:

SB 3066- COVID housing bill.
SB 558- Black Caucus pillar healthcare bill (passed House).
HB 2267- Chicago elected school board.

Failed to pass either chamber:

SB 1199-Decoupling and revenue package.
SB 3071- Ethics bill.

SB 3096- Solar Energy Roll-over fix

Taylor Anderson

The 102nd General Assembly began with the election of Rep. Chris Welch (D-Westchester) as the 70th Speaker of the House, ending the leadership of Rep. Michael Madigan (D-Chicago) who has served as Speaker nearly continuously since 1983.

Welch received 70 votes in support of his speakership while House Republican Leader Jim Durkin (R-Burr Ridge) received 44.

“I am honored to be called upon my colleagues from the Illinois Legislative Black Caucus to put my name in for consideration. This historic moment in Illinois and across the country calls for new representation and unity of democratic beliefs. I want to thank Speaker Madigan for his leadership - it has been a challenging year for us all but I am grateful for his commitment to serving the public,” Welch said in a statement.

“As I prepare to pass the Speaker’s gavel to a new generation of Democratic leadership, I want to thank the people of my district and the members of the House Democratic Caucus for the faith and trust they have placed in me over the years. I want to thank my staff for their hard work on behalf of every member of this caucus. It has been the honor of a lifetime to help bring people of different experiences and backgrounds together to serve our state,” Madigan said in a statement.

Welch entered contention for the speakership following Madigan’s announcement that he was suspending his campaign for the position, receiving the endorsement of both the Legislative Black Caucus and Latino Caucus.

Welch initially struggled to reach the requisite 60 votes, facing opposition from female legislative groups in the House after news reports from 2002 surfaced regarding welch and alleged domestic attack on a partner. Welch was not charged in that case and he said he has since reconciled with the individual in question.

House Republicans criticize Welch as a “Madigan lieutenant” who will continue what they’ve called a “corrupt machine” in the Illinois House.

The 101st General Assembly ended with a variety of bills passing both chambers, but with some priority legislation was left on the table. Notably, the Legislative Black Caucus’ reforms to criminal justice (HB3653-Tarver) and multiple education and economic issues passed both chambers. However, an important bill related to the federal CARES Act and taxation decoupling, a priority of Gov. J.B. Pritzker’s, was notably postponed in the House (SB1199-Harmon).

Please be advised that HB3653, with Senate Amendment #2 (the criminal justice / police reform bill) passed out of the Senate early this morning 32 - Y and 23 N. 

Importantly, Senate Amendment #2 filed on the bill early this morning removed the qualified immunity provisions previously included and replaced them with a Task Force on Constitutional Rights and Remedies. 

HB 3653 (SFA 0002)

Replaces everything after the enacting clause. Creates the Statewide Use of Force Standardization Act. Provides that it is the intent of the General Assembly to establish statewide use of force standards for law enforcement agencies. Creates the No Representation Without Population Act. Provides that State Board of Elections shall prepare redistricting population data to reflect incarcerated persons at their residential address prior to incarceration. Provides that this data shall be the basis of the Legislative and Representative Districts required to be created pursuant to Section 3 of Article IV of the Illinois Constitution. Provides that incarcerated populations residing at unknown geographic locations within the State shall not be used to determine the ideal population of any set of districts, wards, or precincts. Creates the Reporting of Deaths in Custody Act. Provides that the Illinois Criminal Justice Information Authority shall create a standardized form to be used for the purpose of collecting information about persons who die in custody of a law agency, a local or State correctional facility in the State, or a peace officer. Creates the Task Force on Constitutional Rights and Remedies Act. Creates the Task Force on Constitutional Rights and Remedies. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall produce a report detailing the Task Force's findings and recommendations and needed resources. The Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor. Amends the Illinois Public Labor Relations Act. Provides that notwithstanding any provision of this Act, employers shall not be required to bargain over matters relating to the discipline or discharge of peace officers. Provisions in existing collective bargaining agreements that address the discipline or discharge of peace officers shall lapse by operation of law on the renewal or extension of existing collective bargaining agreements by whatever means, or the approval of a collective bargaining agreement by the corporate authorities of the employer after the effective date of this Act, without imposing a duty to bargain on employers. Amends the Criminal Code of 2012. Makes it official misconduct for an employee of a law enforcement agency to knowingly fail to turn on an officer-worn body camera or turn off an officer-worn body camera when there is a reasonable opportunity to act in a manner that is consistent with the officer-worn body camera policy of the respective law enforcement agency or when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly misrepresents facts describing an incident in a police report or during investigations regarding the law enforcement employee's conduct. Amends the Code of Criminal Procedure of 1963. Abolishes cash bail. Provides for pretrial release and eligibility for that release. Amends various Acts to make conforming changes. Amends the Unified Code of Corrections. Changes the terms for mandatory supervised release. Makes other changes. Amends the Open Meetings Act. Provides that deliberations for decisions of the Illinois State Police Merit Board, the Illinois Law Enforcement Training Standards Board and the Certification Review Panel regarding certification and decertification of law enforcement officers are not open meetings under the Act. Amends the Freedom of Information Act. Provides that information which is prohibited from disclosure by the Illinois Police Training Act is not subject to disclosure under the Act. Provides that records contained in the Officer Professional Conduct Database, except to the extent authorized under that provision are not subject to disclosure under the Act. Amends the State Employee Indemnification Act. Includes in the definition of "employee" the members of the Certification Review Panel. Amends the State Police Act concerning discipline of Illinois State Police officers and the appointment of the Illinois State Police Merit Board. Amends the Illinois Police Training Act. Changes the misdemeanor offenses for which a law enforcement officer may be decertified. Grants the Illinois Law Enforcement Training Standards Board the power: (1) to review and ensure all law enforcement officers remain in compliance with the Act, and any administrative rules adopted under the Act; and (2) to suspend any certificate for a definite period, limit or restrict any certificate, or revoke any certificate. Creates the Illinois Law Enforcement Certification Review Panel to make recommendations to the Board on the decertification of law enforcement officers. Effective July 1, 2021, except for certain provisions that are effective either January 1, 2022, January 1, 2023, or January 1, 2025.

Taylor Anderson

Please find below a link to an interview with Illinois Sheriffs’ Association President Jim Kaitschuk and a copy of his letter for action in response to HB 163 (police reform package). 

https://www.933thedrive.com/2021/01/06/ill-officers-pushing-back-on-controversial-reforms-bill/

Please find attached Attorney General Raoul's press release regarding police reform bill HB 841. There are three key areas that are covered in HB 841 —  creating uniformity for officers and departments across the state, promoting professionalism in law enforcement, and increasing transparency. Additionally, HB 841 specifically focuses on the certification and de-certification of police officers throughout the State. 

HB 841 is sponsored by Rep Justin Slaughter and Senate Emil Jones. 

AG Press Release Police Licensure.pdf

Allison F. Richard

Legislative Consultant

Attorney at Law

House and Senate members of the Illinois Legislative Black Caucus detailed their proposal for criminal justice reforms as the lame duck legislative sessions began Friday, explaining that their proposal has been carefully considered and would make significant strides to undoing some of the systemic racism built into the current system.

The proposed changes are included in an over 600-page amendment to HB163 (Stuart) and would make significant changes to aspects of the justice system including pre-trial detention.  Additionally, HB841 (Willis) has a proposed amendment that would allow the Illinois Law Enforcement Training and Standards Board to conduct a process to de-certify police officers who exhibit a pattern of unsafe behavior, not just those who are convicted of felonies.

“The time is now to act. We want to make sure that we pick up this moment in time and leverage that. We are challenging and attempting to destroy systemic racism through all of our system of state government … and in our criminal justice system and policing,” said Sen. Elgie Sims (D-Chicago)

HB163, if amended, would eliminate the pre-trial cash bail system in Illinois in favor of allowing judges more power to detain the accused if they are deemed a public threat through a hearing system. Sen. Robert Peters (D-Chicago) said a prime example of the “two-tier” justice system is the case of Kyle Rittenhouse, the 17-year-old shooter accused to killing two men and injuring another during protests in Kenosha, WI this past summer.

“He's 17 years old and he was in a bar in Wisconsin hanging out with a bunch of people who were celebrating him for his terrible actions. … We're not only going to just end cash bond, but we're going to create a process that says, ‘Okay, we want to talk about your public threat to a person. Let's focus on that focus and not simply putting someone in there who can't afford to pay,” Peters said.

Law enforcement groups largely oppose the proposed changes. The Illinois Fraternal Order of Police opposes measures that would eliminate qualified immunity for police officers, require all police departments to use body cameras, and prohibit departments from participating in U.S. military surplus programs, among others.

During Saturday’s Senate Executive Committee Meeting, Judge Robbin Stuckert provided testimony on behalf of the Illinois Supreme Court’s Commission on Pretrial Practices. She explained the bill largely reflected the recommendations of the commission, but also said that the group never came to a clear consensus on the complete elimination of cash bail and opposed the immediate implementation date proposed by the co-sponsors.

In response to this criticism, Sims said Sunday that further drafts of the legislation are expected, possibly replacing the immediate effective date and expanding the bill to deal with issues such as mandatory minimum sentencing and reclassifying certain drug possession crimes, all issues discussed in Saturday’s House Judiciary Criminal Committee hearing.

In response to criticisms about the cost of implementing pre-trial reforms, Sims and others Sunday said that the long-term costs of the current systems exceed the costs of temporary implementation.

-Allison Richard

Please find attached information regarding the start of the grant application process for a federal grant program that supports rural fire an emergency medical services (EMS)  through the  SIREN (Supporting and Improving Rural EMS Needs) Act. Applications for that grant process begins today. 

Below is a link to additional information. 

https://www.samhsa.gov/grants/grant-announcements/ti-21-005

Allison F. Richard

Legislative Consultant

Attorney at Law

Below is a link to Senate amendment 2 for HB 163. This bill is part of the black caucus agenda and focuses on police reform and accountability. If you have any questions please let us know.

https://ilga.gov/legislation/101/HB/PDF/10100HB0163sam002.pdf

About 3.2 million additional Illinoisans will be eligible to receive a COVID-19 vaccine as the state moves into the 1B distribution phase, Gov. J.B. Pritzker announced Wednesday at his first press conference of 2021.

The 1B phase includes frontline essential workers and all individuals 65 and older. Among those now eligible are first responders including police officers and firefighters, education workers including teachers, grocery workers, and public transit workers. Individuals working or incarcerated in corrections facilities are also eligible. 

Pritzker said that Illinois is breaking with the recommendations of the CDC’s Advisory Committee on Immunization Practices (ACIP) by allowing those as young as 65 to receive a vaccine, saying that the state is doing so to reduce mortality and spread in the state’s black and brown communities. The average age of death from COVID-19 is 72 for Black residents and 68 for Latino residents. 

“Here in Illinois we are more strongly pursuing equity in the distribution of vaccinations. … I believe strongly that we ought to protect more of our seniors earlier than ACIP has recommended. For the last 10 months we have seen the fundamental vulnerability to COVID of the entire population of our seniors, not just those 75 or older,” Pritzker said. 

A total of 207,106 vaccine doses have been administered so far, Pritzker said. He said that the rate of delivery of vaccine doses has remained lower than expected, but told reporters that he expects President-elect Joe Biden to enact the Defense Production Act once he takes office, ramping up vaccine manufacturing. Additionally, other manufacturers, such as Johnson & Johnson and AstraZeneca are in the process of applying for FDA approval of their vaccines. 

For the next phase, Pritzker said he will use the Illinois National Guard to organize mass vaccination sites across the state. The state is also bringing on additional partners specifically to ensure the vaccine is available in historically marginalized areas of the state.

The governor also announced that on Jan. 15, regions of the state that have met the metrics needed to move down to tier 2 from tier 3 restrictions on businesses and gatherings will be able to do so. Tier 2 mitigations still include no indoor service at bars and restaurants.

 

An outline of the 1A and 1B vaccination phases is attached.

Allison F. Richard

Legislative Consultant

U.S. Surgeon General Jerome Adams visited Illinois Tuesday to tout the recent developments in COVID-19 vaccinations and urge Illinoisans to celebrate the upcoming holiday as safely as possible in order to maintain positive trends in the state.

“We are fortunately moving in the right direction here in Illinois and in Chicago, but the numbers still aren't where we need them to be. We need to stay the course. Two words for today: vaccines and vigilance. We should be incredibly excited about the fact that we now have two different vaccines authorized for use. There will be 7.9 million vaccinations that go out this week between the Moderna and the Pfizer vaccines,” Adams said.

During his visit, Adams joined Illinois Department of Public Health Director Dr. Ngozi Ezike and Chicago Department of Public Health Commissioner Dr. Allison Arwady at St. Anthony Hospital in Chicago, where they witnessed health care workers receiving vaccinations.

Adams urged Illinoisans to celebrate the upcoming holidays at home with the people in their “bubble,” if possible. He asked those experiencing COVID-19 fatigue to stay the course.

“I want you to know that I am actually incredibly optimistic, based on the two vaccines now being available. We do have a finish line in sight. I want you to remain vigilant because it would be a real shame if we finally had the tools to end this pandemic, but then we couldn’t be patient for just a little longer,” he said.

In response to questions from reporters, Adams said that the skepticism about vaccines that often come from black and brown communities is real and justified, given the historical facts behind events such as the Tuskegee Syphilis Study. However, he said both federal and local governments are doing as much as they can to provide information so that individuals in those communities can be confident in the vaccine’s safety. Adams recently publicly received a dose of the vaccine alongside Vice President Mike Pence.

Allison Richard