File #: 21-0111    Version: 1
Type: Resolution Status: Failed
File created: 1/14/2021 In control: City Council
On agenda: 1/19/2021 Final action:
Title: Adopt the resolution regarding HB 3653 (Criminal Justice Reform Bill), disapproving of the legislative process and recommending Governor Pritzker's veto
Attachments: 1. Veto Resolution, 2. Criminal-Reform-Omnibus-Summary

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
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Adopt the resolution regarding HB 3653 (Criminal Justice Reform Bill), disapproving of the legislative process and recommending Governor Pritzker’s veto

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DEPARTMENT:                     City Manager’s Office

 

SUBMITTED BY:                     Douglas Krieger

 

BOARD/COMMISSION REVIEW:
N/A

 

BACKGROUND:

On January 13, 2021, the Illinois General Assembly used the final hours of the 101st General Assembly’s lame duck session to pass HB 3653, a criminal justice reform bill (“Bill”). The Bill is highly controversial and will fundamentally change significant criminal justice procedures in Illinois. The Illinois Municipal League prepared a 12-page memorandum that summarizes aspects of the Bill that will, or may, have a measurable impact on municipal governments. It is attached.

 

The original version of the Bill, which is over 600 pages, was introduced approximately one week ago and was drafted without meaningful input or support from statewide police and municipal organizations. The final version of the Bill, which is approximately 764 pages, was first made available at 3:51 a.m. on January 13, 2021. The Bill was then passed by the Illinois Senate less than an hour later, at 4:49 a.m., by a vote of 32-23 with bi-partisan opposition. Approximately eight hours later, the Illinois House passed the Bill by a vote of 60-50 with bi-partisan opposition.

 

There was insufficient time provided for legislators and interested parties to review the proposed Bill prior to its passage. The Bill passed with inadequate opportunity for input from statewide police and municipal organizations and without their support. Within 24-hours of the Bill’s passage more than 80,000 people signed the change.org petition asking Governor Pritzker to veto the Bill. More than 120,000 people have signed the Illinois Fraternal Order of Police petition opposing the Bill.

 

DISCUSSION:

The citizens, public bodies, and members of law enforcement of the State of Illinois deserve to be governed by a legislative process that is both transparent and collaborative.

 

Three members of City Council (Councilman Hinterlong, Councilwoman Gustin, and Councilman Coyne) directed staff to prepare a resolution for Council consideration at its January 19, 2021 meeting that expresses the City’s disapproval with the legislative process and recommends the Governor veto the Bill.

 

The proposed resolution indicates the following positions:

 

1.                     The City of Naperville echoes the sentiments of the Illinois Association of Chiefs of Police and the Illinois Law Enforcement Coalition expressing extreme disappointment with the attenuated process, the lack of discussion, and the absence of collaboration with members of law enforcement by our law makers, and the ultimate outcome of the vote on the Bill in the Illinois General Assembly.

 

2.                     The City of Naperville urges Governor Pritzker to veto HB 3653 and to ask the new 102nd General Assembly to work collaboratively with all interested parties on a criminal justice reform bill that will be subject to a fair and transparent legislative process.

 

FISCAL IMPACT:

The legislation contains several unfunded regulatory mandates, including, but not limited to the implementation of body cameras and new training, testing, and record keeping protocols. The total cost of these new requirements is currently undetermined.