HB 5091

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Full Text of HB5091
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	HB5091 - 104th General Assembly
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			House Amendment 001
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		House Amendment 001
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		HB5091 Engrossed		LRB104 17675 RLC 31106 b
1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Permanent Punishments Review Task Force Act.
6    Section 5. Purpose. The purpose of the Permanent
7Punishments Review Task Force is to research and analyze
8models for periodic evaluation, modification, and, as
9appropriate, elimination of statutory permanent punishments
10that impact people with criminal records and make
11recommendations to the General Assembly regarding adoption of
12such models. The work of the Task Force is predicated on the
13reality that collateral consequences of a criminal record
14often result in continued, and sometimes permanent, punishment
15of Illinoisans after serving their sentences, that many
16statutory permanent punishments are not rooted in data or
17evidence, and that these permanent punishments hurt, rather
18than help, the people and communities they were designed to
19protect.
20    Section 10. Definition. As used in this Act:
21    "Permanent punishment" means a penalty or disadvantage
22imposed because an individual has a criminal conviction or
		HB5091 Engrossed	- 2 -	LRB104 17675 RLC 31106 b
1other criminal history that is not part of the criminal
2sentence. "Permanent punishment" does not include
3imprisonment, probation, parole, supervised release,
4forfeiture, restitution, fine, assessment, or costs of
5prosecution.
6    Section 15. Creation; duties. The Permanent Punishments
7Review Task Force is created. The duties of the Task Force
8include:
9        (1) researching and analyzing the statutory permanent
10    punishments under Illinois law;
11        (2) identifying factors and data relevant to
12    determining whether a permanent punishment should be
13    modified or eliminated based on available scholarship;
14        (3) identifying or developing models, or both, for
15    periodic, systematic review of Illinois' permanent
16    punishments laws; and
17        (4) analyzing such models, including potential funding
18    requirements, and proposing recommendations to the General
19    Assembly.
20    Section 20. Task Force composition.
21    (a) The Permanent Punishments Review Task Force shall be
22comprised of the following members, all of whom shall serve
23without compensation:
24        (1) the Executive Director of the Illinois Criminal
		HB5091 Engrossed	- 3 -	LRB104 17675 RLC 31106 b
1    Justice Information Authority, or the Executive Director's
2    designee, who shall serve as an ex officio member and
3    Chair;
4        (2) the Executive Director of a statewide coalition of
5    people with criminal records that advocates to address
6    permanent punishments, or the Executive Director's
7    designee, appointed by the Chair, who shall serve as Vice
8    Chair of the Task Force;
9        (3) the Director of Human Rights, or the Director's
10    designee;
11        (4) the Secretary of Financial and Professional
12    Regulation, or the Secretary's designee;
13        (5) the Director of Corrections, or the Director's
14    designee;
15        (6) the Director of the Office of Reentry for the City
16    of Chicago, or the Director's designee;
17        (7) a member of the Senate appointed by the President
18    of the Senate;
19        (8) a member of the Senate appointed by the Senate
20    Minority Leader;
21        (9) a member of the House of Representatives appointed
22    by the Speaker of the House;
23        (10) a member of the House of Representatives
24    appointed by the House Minority Leader;
25        (11) a representative of an organization that
26    advocates on behalf of incarcerated and formerly
		HB5091 Engrossed	- 4 -	LRB104 17675 RLC 31106 b
1    incarcerated women, who shall be appointed by the Chair
2    and Vice Chair;
3        (12) a representative of an association representing
4    Public Defenders, appointed by the Chair and Vice Chair;
5        (13) a representative of an association representing
6    State's Attorneys appointed by the Chair and Vice Chair;
7        (14) a representative of an organization that provides
8    re-entry services statewide, appointed by the Chair and
9    Vice Chair;
10        (15) a representative of an organization comprised of
11    people with a criminal record headquartered in a Southern
12    Illinois community with a population of less than 50,000
13    people, appointed by the Chair and Vice Chair;
14        (16) a representative of an organization that
15    advocates on behalf of crime victims, appointed by the
16    Chair and Vice Chair;
17        (17) a representative of an organization that provides
18    legal representation and policy advocacy on behalf of
19    victims of sexual assault, appointed by the Chair and Vice
20    Chair;
21        (18) a representative of an organization that
22    administers a hotline for victims of domestic violence,
23    appointed by the Chair and Vice Chair;
24        (19) a representative of an organization that aims to
25    reduce violence, decrease prison recidivism, and make the
26    criminal legal system more equitable, who shall be
		HB5091 Engrossed	- 5 -	LRB104 17675 RLC 31106 b
1    appointed by the Chair and Vice Chair;
2        (20) the Executive Director of the Illinois Sentencing
3    Policy Advisory Council, or the Executive Director's
4    designee; and
5        (21) the Director of Juvenile Justice, or the
6    Director's designee.
7    (b) The Vice Chair shall advise the Chair or the Chair's
8designee on appointments to the Task Force, convenings of the
9Task Force, and the substantive work of the Task Force.
10    Section 25. Illinois Criminal Justice Information
11Authority; administrative support. The Illinois Criminal
12Justice Information Authority shall provide administrative and
13other support to the Task Force. The Illinois Criminal Justice
14Information Authority may collaborate with the Vice Chairing
15organization to help provide this support.
16    Section 30. Meetings of Task Force; report to the General
17Assembly. The Task Force may meet in person or virtually, and
18shall issue a written report summarizing the research and
19findings of the Task Force and its recommendations to the
20General Assembly on or before September 1, 2028.
21    Section 35. Convening of the Task Force. The Task Force
22shall be appointed within 120 days of the effective date of
23this Act and the Chair shall convene the Task Force for its
		HB5091 Engrossed	- 6 -	LRB104 17675 RLC 31106 b
1initial meeting 150 days after the effective date of this Act.
2    Section 40. Repeal. This Act is repealed on January 1,
32029.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.