PRESIDING OFFICER: (SENATOR KOEHLER) 2 3 4 5 The regular Session of the 102nd General Assembly will please come to order. Will the Members, please be at their desks? The invocation today will be given by Captain Mark Tracy, Military Chaplain of the Illinois National Guard. 6
7 (Prayer by Captain Mark Tracy) 8
PRESIDING OFFICER: (SENATOR KOEHLER) 9 10 11
12 13 14 15 16 Please remain standing. Senator Bennett, would you please lead us in the pledge? (Pledge of Allegiance, led by Senator Bennett)
PRESIDING OFFICER: (SENATOR KOEHLER) Blueroomstream seeks leave of the Body to video. objection, leave is granted. Mr. Secretary, Reading and Approval of the Journal. Without 17
18 19 Senate Journal of Wednesday, November 30th, 2022.
PRESIDING OFFICER: (SENATOR KOEHLER) 20 Senator Hunter. 21
22 23 24 25 Thank you. Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR KOEHLER) 26 27 28 29 Senator Hunter moves to postpone the reading and approval of the Journal, pending the arrival of the printed transcripts. There being no objection, so ordered. Mr. Secretary, Resolutions.
1 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 Senate Resolutions 1325 through 1342, offered by President 2 Harmon and all Members. 3 4 And Senate Resolution 1343, offered by Senator McConchie and all Members. 5 They're all celebration of life resolutions, Mr. President. 6
PRESIDING OFFICER: (SENATOR KOEHLER) 7 Resolutions Consent Calendar. Mr. Secretary, Committee 8 Reports. 9
10 Senator Castro, Chair of the Committee on Executive, reports 11 House Bill 5542 Do Pass; Senate Amendments 1 and 2 to House Bill 12 13 14 15 16 1095 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR KOEHLER) Chicago Public Media requests leave of the Body to audio record. Chicago Tribune requests permission to audio and WGEM requests permission to video and audio. With no objection, leave is granted. WCIA, Channel 3, requests leave of the Body to record 18 video and audio for TV broadcast. The Daily Line requests leave Seeing no objection, leave is 17 19 20 of the Body for audio pictures. granted. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Members of the Committee on Assignments will meet in the Senate's front room immediately. The Senate stands at ease. (at ease) Dave Dahl, WTAX, seeks leave of the Body to audio and photo. granted. The Senate will come to order. Seeing no objection, leave is Senator Anderson, for 21 22 23 24 25 26 what purpose do you seek recognition? 27
28 Point of information, Mr. President. 29 PRESIDING OFFICER: (SENATOR KOEHLER) 2 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 Please state your point. 2
3 Mr... 4
PRESIDING OFFICER: (SENATOR KOEHLER) 5 6 Can we have everyone's attention, please? Senator Anderson.
7 Thank you, Ms. -- Mr. President. Just wanted to take a moment 8 9 10 11 12 13 14 15 and recognize somebody that passed away here not too long ago. And I know almost everybody in this Chamber knew. And it's pretty special to me because he was a fellow firefighter. Richard Martin, that I'm sure everybody knows and seen around the Capitol for many years, passed away here not too long ago and passed away, way too soon. And it's becoming an epidemic within the fire service of people dying way too early. And then frankly, that's -- that's the risk we run with heart and lung issues and cancer. But Richard 16 was one that was -- was definitely way too soon. Richard began 17 18 19 20 21 22 his career in Murphysboro Fire Department, February 1st, 1984. He served thirty-two years, in the fire service, which is way longer than he needed to. Which I think goes to show exactly how much he loved the job. He retired in February of 2016, and he worked for legislative affairs with AFFI. And everybody knew who he was. And, Richard was one of those guys that was the quiet one out of 23 that group, until you -- until you got to know him and see him out 24 and about. And then you're like, man, that he's not the quiet 25 one. He was the proud father of one daughter, Olivia; two sons, 26 27 28 Eli and Zeke; and a proud grandfather of Gunner, Nolan, and Carter. Mr. President, I would just ask for a moment of silence to remember Richard. 29 PRESIDING OFFICER: (SENATOR KOEHLER) 3 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 If Members will be at their desks let's observe a moment of 2 silence. (Moment of silence observed) Thank you. Mr. Secretary, 3 Committee Reports. 4
5 Senator Lightford, Chair of the Committee on Assignments, 6 reports the following Legislative Measures have been assigned: Be 7 Approved for Consideration Senate Bill 1102, Senate Bill 2801 8 Floor Amendment 4 to House Bill 2406 and Floor Amendment 3 to House 9 Bill 5049. 10 Signed, Senator Kimberly A. Lightford, Chair. 11 Senator Lightford, Chair of the Committee on Assignments, 12 reports the following Legislative Measures have been assigned: Be 13 Approved for Consideration Floor Amendment 1 to Senate Bill 2801. 14 Signed, Senator Kimberly A. Lightford, Chair. 15
PRESIDING OFFICER: (SENATOR KOEHLER) 16 We're going to 3rd Readings. This is final action. We're 17 going to be on page 2, to go to the bottom part of the page. We're 18 going to go to House Bill 2406, Senator Hunter. Mr. Secretary, 19 please read the bill. Senator Hunter seeks leave of the Body to 20 return House Bill 2406 to the Order of 2nd Reading. Leave is 21 granted. Now on the Order of 2nd Reading is House Bill 2406. Mr. 22 Secretary, are there any Floor amendments approved for 23 consideration? 24
25 Floor Amendment No. 2, offered by Senator Hunter. 26
PRESIDING OFFICER: (SENATOR KOEHLER) 27 Senator Hunter, on your amendment. 28
29 Thank you very much. Floor Amendment 2 to House Bill 2406 4 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 replaces the other amendments to extend the multiple sunsets, and 2 I'll explain it on three. 3 PRESIDING OFFICER: (SENATOR KOEHLER) 4 All those in favor -- is there any discussion? Senator 5 Curran. Is there any discussion? Seeing none, all those in favor 6 will say Aye. Opposed, Nay. The Ayes have it, and the amendment 7 is adopted. Mr. Secretary, are there any further Floor amendments 8 approved for consideration? 9 SECRETARY ANDERSON: 10 Floor Amendment No. 3, offered by Senator Hunter. 11 PRESIDING OFFICER: (SENATOR KOEHLER) 12 Senator Hunter, on your amendment. 13 SENATOR HUNTER: 14 I'll explain it on 3rd. 15 PRESIDING OFFICER: (SENATOR KOEHLER) 16 Is there any discussion? All those in favor will say Aye. 17 Opposed, Nay. The Ayes have it, and the amendment is adopted. 18 Are there any further Floor amendments approved for consideration? 19 SECRETARY ANDERSON: 20 Floor Amendment No. 4, offered by Senator Hunter. 21 PRESIDING OFFICER: (SENATOR KOEHLER) 22 Senator Hunter, on your amendment. 23 SENATOR HUNTER: 24 I'll explain that on 3rd, as well. 25 PRESIDING OFFICER: (SENATOR KOEHLER) 26 Is there any discussion? All those in favor will say Aye. 27 Opposed, Nay. The Ayes have it, and the amendment is adopted. 28 Are there any further Floor amendments approved for consideration? 29 SECRETARY ANDERSON: 5 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 No further amendments reported. 2
PRESIDING OFFICER: (SENATOR KOEHLER) 3 3rd Reading. Now on the Order of 3rd Reading is House Bill 4 2406. Mr. Secretary, please read the bill. 5
6 7 House Bill 2406. (Secretary reads title of bill) 8 3rd Reading of the bill. 9 10 11 12 13 14 15
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hunter, on your bill.
Thank you very much, Mr. President. This bill extends the the Restore Illinois Collaborative Commission from 1-1-23 to January 1, '24. It extends the Illinois Power Agency home rule pre-exemption extended from January 1, '23 to January 1, '24. 16 extends the -- the report due date for the Illinois Immigrant 17 18 19 20 21 22 23 24 25 26 27 28 29 Immigrant Impact Task Force on January 1, 2023 to April 30th, 2023. It extends Special Commission on Gynecologic Cancers from January 1, '23 to January 1, '28. It extends Diversion from Facility Based Care pilot program from January 1, '23 to January 1, '25. It extends the disposition of remains of the Indigent Act from December 31, '22 to December 31, 2027. It extends the Transportation Network Providers Act from January 1, 2023 to April 1, 2023. It extends the Community Emergency Services and Support Act from January 1, 2023 to January 1, 2023, to -- to July 1, 2023. It extends guidelines under the Safe Neighborhoods Reform Act from January 1, '23 to January 1, '24. It extends the enforcement date of requiring dispenser of schedule two, three, four or five opioids, to accept prescriptions electronically. This is a part 6 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 of Public Act 102-0490, and it also, finally, extends the State 2 Health Improvement Report due date January 31st, 2022 to, I'm 3 sorry, December 31, 2022 to December 31, 2023. And I will take 4 any questions, if there are any. 5 PRESIDING OFFICER: (SENATOR KOEHLER) 6 Is there any discussion? Senator McClure. 7 SENATOR MCCLURE: 8 Will the sponsor yield? 9 PRESIDING OFFICER: (SENATOR KOEHLER) 10 Sponsor indicates she'll yield. Senator McClure. 11 SENATOR MCCLURE: 12 Thank you. Senator Hunter, originally the sunset extension 13 was in there -- in the legislation for the conditional adult use 14 dispensing organizations. But I think this amendment now takes 15 that out. Why was that taken out? 16 PRESIDING OFFICER: (SENATOR KOEHLER) 17 Senator Hunter. 18 SENATOR HUNTER: 19 Thank you very much for that question, Senator McClure. Based 20 upon the requests of the House, we took it out. 21 PRESIDING OFFICER: (SENATOR KOEHLER) 22 Senator McClure. 23 SENATOR MCCLURE: 24 Do you know, Senator Hunter, is there going to be an extension 25 or renegotiation in the future for that particular sunset? 26 PRESIDING OFFICER: (SENATOR KOEHLER) 27 Senator Hunter. 28 SENATOR HUNTER: 29 I have no idea at this point, but -- but we'll -- we'll 7 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 continue to work on them. At this time, I have no answer for you. 2 PRESIDING OFFICER: (SENATOR KOEHLER) 3 Senator McClure. Any further discussion? Seeing none, the 4 question is, shall House Bill 2406 pass. All those in favor will 5 say Aye. Opposed, Nay. The voting is open. Have all voted who 6 wish? Have all voted who wish? Have all voted who wish? Take 7 the record. On that question, there are 54 voting Yea, none voting 8 Nay, none voting Present. And House Bill 2406 having received the 9 required constitutional amend -- {sic} (majority) is declared 10 passed. With leave of the Body, we're going to go back up one, to 11 House Bill 1859, Senator Martwick. Mr. Secretary, please read the 12 bill. 13 SECRETARY ANDERSON: 14 House Bill 1859. 15 (Secretary reads title of bill) 16 3rd Reading of the bill. 17 PRESIDING OFFICER: (SENATOR KOEHLER) 18 Senator Martwick, on your bill. 19 SENATOR MARTWICK: 20 Thank you, Mr. President, Ladies and Gentlemen of the Senate. 21 House Bill 1859 is an initiative of the Cook County Forest Preserve 22 District. And very simply, what it does is, it changes the law to 23 allow the Forest Preserve to make an actuarial -- full actuarial 24 required payment into their pension system. This reverses a quirk 25 of law that was created in the seventies, that actually prohibited 26 them from paying the amount into their pension systems that was 27 sufficient, in order to, you know, secure the retirements for their 28 workers. So, this would remove that provision, replace it with 29 funding that would permit them to make the full actuarial no ramp, 8 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 and they would aim for one-hundred percent funding in thirty years. 2 I know of no opposition and I can't imagine why there would be 3 any, but I would be happy to answer any questions and I ask for an 4 Aye vote. 5 PRESIDING OFFICER: (SENATOR KOEHLER) 6 Is there any discussion? Seeing none, the question is, shall 7 House Bill 1859 pass. All those in favor vote Aye. Opposed, Nay. 8 The voting is open. Have all voted who wish? Have all voted who 9 wish? Have all voted who wish? Take the question. On that 10 question, there are 55 voting Yea, none voting Nay, none voting 11 Present. And House Bill 1859, having received the required 12 constitutional majority, is declared passed. Mr. Secretary, 13 Messages from the House. 14 SECRETARY ANDERSON: 15 A Message from the House by Mr. Hollman, Clerk. 16 Mr. President - I am directed to inform the Senate that the 17 House of Representatives has concurred with the Senate in the 18 passage of a bill of the following title, to wit: 19 Senate Bill 1595. 20 Together with the following amendment which is attached, in 21 the adoption of which I am instructed to ask the concurrence of 22 the Senate, to wit: 23 House Amendment 2 to Senate Bill 1595. 24 Passed the House, as amended, December 1st, 2022. John W. 25 Hollman, Clerk of the House. 26 PRESIDING OFFICER: (SENATOR KOEHLER) 27 We have a request from the Illinois Times. Leave of the Body 28 to do photos. Seeing no objection, leave is granted. We have a 29 request from the State Journal Register, audio/record. Seeing no 9 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 objection, leave is granted. And from the Chicago Tribune to do 2 photographs. Seeing no objection, leave is granted. Senator Rose, 3 for what purpose do you seek recognition? 4 SENATOR ROSE: 5 Point of announcement. 6 PRESIDING OFFICER: (SENATOR KOEHLER) 7 Please state your announcement. 8 SENATOR ROSE: 9 Ladies and Gentlemen, we here in the Senate Republican Caucus, 10 are so pleased today. We've added to our ranks. We have a new 11 Member, Senator Landek. Welcome home, sir. It's about time. It's 12 been years. We always knew you could do it. But welcome on over 13 to the Republican Caucus. Let's give Senator Landek a big hand 14 for finally getting it right! 15 PRESIDING OFFICER: (SENATOR KOEHLER) 16 Senator Morrison, for what purpose do you seek recognition? 17 SENATOR MORRISON: 18 Thank you, Mr. President. I was unable to vote my switch for 19 House Bill 2406. I wish the record to record that it was my 20 intention to vote Yes. 21 PRESIDING OFFICER: (SENATOR KOEHLER) 22 The record will so reflect. We'll go down to the bottom of 23 the page. House Bill 4218. Senator Villanueva. Mr. Secretary, 24 please read the bill. 25 SECRETARY ANDERSON: 26 House Bill 4218. 27 (Secretary reads title of bill) 28 3rd Reading of the bill. 29 PRESIDING OFFICER: (SENATOR KOEHLER) 10 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 Senator Villanueva, on your bill. 2
3 Thank you, Mr. President. This bill, House Bill 4218, hopes 4 5 6 7 8 9 10 to address the lack of hygiene products available for those in the Department of Corrections' care, who lack the financial means to purchase these basic necessities. As of January 2022, of this year, the Department of Corrections has provided these products to female inmates. Products being tampons and sanitary napkins. House Bill 4218, just codifies it and includes everyone access to these products. 11 12 This bill passed unanimously from the House, and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) 13 Is there any discussion? Senator Bryant. 14
15 16 17 18 19 20 21 22 23 24 Thank you, Mr. Speaker {sic}. Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR KOEHLER) She indicates she will yield. Senator Bryant.
I think I heard you say that you are codifying something that is already being done. Why do we need it in statute?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Villanueva.
25 27 28 29 Because Departments in the State of Illinois tend to change 26 depending on the leadership. Because obviously with different Governors, leadership tends to move on. We just want to make sure that this practice is in statute and protects the basic dignity of people who menstruate, and have access to tampons, sanitary napkins 11 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 and underwear's during their menstrual periods. 2
PRESIDING OFFICER: (SENATOR KOEHLER) 3 Senator Bryant. 4
5 So, I don't want to beat it to death, but is it... Honestly, 6 I'm not trying to make a joke about this. Underwear for women 7 only, or for men and women? 8
PRESIDING OFFICER: (SENATOR KOEHLER) 9 Senator Villanueva. 10
11 Pretty -- pretty sure that it's for those who menstruate. 12
PRESIDING OFFICER: (SENATOR KOEHLER) 13 Senator Bryant. 14
15 Okay. Thank you. 16
PRESIDING OFFICER: (SENATOR KOEHLER) 17 Is there any further discussion? Seeing none. The question 18 is, shall House Bill 4218 pass. All those in favor will say Aye 19 -- will vote Aye. Opposed, Nay. The voting is open. Have all 20 voted who wish? Have all voted who wish? Have all voted who wish? 21 Take the record. On that question, there are 52 voting Yea, none 22 voting Nay, and none voting Present. And House Bill 4218, having 23 received the required constitutional majority, is declared passed. 24 We'll go to page 3, in the middle of the page, we have House Bill 25 5049, Senator Villivalam. Mr. Secretary, please read the bill. 26 Senator Villivalam, seeks leave of the Body, to return House Bill 27 5049 to the Order of 2nd Reading. Leave is granted. Now on the 28 Order of 2nd Reading is House Bill 5049. Mr. Secretary, are there 29 any Floor amendments approved for consideration? 12 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 SECRETARY ANDERSON: 2 Floor Amendment No. 1, offered by Senator Villivalam. 3 PRESIDING OFFICER: (SENATOR KOEHLER) 4 Senator Villivalam, on your amendment. 5 SENATOR VILLIVALAM: 6 Thank you, Mr. President. We're -- we're not adopting 7 Amendment 1 or 2. 8 PRESIDING OFFICER: (SENATOR KOEHLER) 9 Those amendments will be withdrawn. So, Mr. Secretary, please 10 read the bill. Mr. Secretary, are there any further Floor 11 amendments approved for consideration? 12 SECRETARY ANDERSON: 13 Floor Amendment No. 3, offered by Senator Villivalam. 14 PRESIDING OFFICER: (SENATOR KOEHLER) 15 Senator Villivalam, on your amendment. 16 SENATOR VILLIVALAM: 17 Thank you, Mr. President. I would like to adopt the amendment 18 and explain it on 3rd. 19 PRESIDING OFFICER: (SENATOR KOEHLER) 20 Is there any discussion? All those in favor will say Aye. 21 Opposed, Nay. The Ayes have it, and the amendment is adopted. 22 Are there any further Floor amendments approved for consideration? 23 SECRETARY ANDERSON: 24 No further amendments reported. 25 PRESIDING OFFICER: (SENATOR KOEHLER) 26 3rd Reading. Now on the Order of 3rd Reading is House Bill 27 5049. Mr. Secretary, please read the bill. 28 SECRETARY ANDERSON: 29 House Bill 5049. 13 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 2 (Secretary reads title of bill) 3rd Reading of the bill. 3
PRESIDING OFFICER: (SENATOR KOEHLER) 4 Senator Villivalam, on your bill. 5
6 7 Thank you, Mr. President. Senate Floor Amendment No. 3 to House Bill 5049 creates a retired executive branch constitutional 8 officer license plate. It extends -- it also extends the emergency 9 rules the Secretary of State has regarding the annual road test 10 for seniors between the age of seventy-five to seventy-nine. And 11 it -- it requires the Secretary of State to conduct a study on age 12 related changes which might affect safe driving. I know of no 13 opposition, and I would ask for an Aye vote. 14
PRESIDING OFFICER: (SENATOR KOEHLER) 15 Is there any discussion? Senator Bryant. 16
17 Thank you, Mr. Speaker {sic}. Question of the sponsor, 18 please. 19
PRESIDING OFFICER: (SENATOR KOEHLER) 20 Sponsor indicates he'll yield. Senator Bryant. 21
22 I believe in Amendment 1, there was an extension of some COVID 23 rules. That's out, right? 24
PRESIDING OFFICER: (SENATOR KOEHLER) 25 Senator Villivalam. 26
27 It's not out. It continues to be nine months. 28
PRESIDING OFFICER: (SENATOR KOEHLER) 29 Senator Bryant. 14 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 SENATOR BRYANT: 2 Could you elaborate on what those COVID -- the extension of 3 the emergency rules are for COVID? 4 PRESIDING OFFICER: (SENATOR KOEHLER) 5 Senator Villivalam. 6 SENATOR VILLIVALAM: 7 So, thank you, Mr. President. It allows the Secretary of 8 State to continue not to do the annual road test, for those that 9 are age seventy-five to seventy-eight. 10 PRESIDING OFFICER: (SENATOR KOEHLER) 11 Senator Bryant. 12 SENATOR BRYANT: 13 Just for the road? That's the only part of the extension 14 that's there, is just for the road test. No other COVID emergency 15 rules are in this? 16 PRESIDING OFFICER: (SENATOR KOEHLER) 17 Senator Villivalam. 18 SENATOR VILLIVALAM: 19 That's -- that's, yes, that is what the Secretary of State 20 has told us. And what's... 21 PRESIDING OFFICER: (SENATOR KOEHLER) 22 Senator Bryant. 23 SENATOR BRYANT: 24 I know that's what the Secretary -- Secretary of State says, 25 but in the language, does this give any powers on executive -- on 26 emergency rules in any other COVID case except -- except this 27 driving part? 28 PRESIDING OFFICER: (SENATOR KOEHLER) 29 Senator Villivalam. 15 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 SENATOR VILLIVALAM: 2 Thank you. It is our understanding that this language only 3 applies to the annual road test. 4 PRESIDING OFFICER: (SENATOR KOEHLER) 5 Senator Bryant. 6 SENATOR BRYANT: 7 Thank you -- thank you. 8 PRESIDING OFFICER: (SENATOR KOEHLER) 9 Is there any further discussion? Seeing none, the question 10 is, shall House Bill 40 -- 5049 pass. All those in favor, vote 11 Aye. Opposed, Nay. The voting is open. Have all voted who wish? 12 Have all voted who wish? Have all voted who wish? Take the 13 record. On that question, there are 52 Yea, 1 Nay, none voting 14 Present. And House Bill 5049, having received the required 15 constitutional majority, is declared passed. We're going to go to 16 the top of page 2. We're going to go to Senate Bills 3rd Reading. 17 We're going to go to Senate Bill 1622 and there is a letter on 18 file allowing the sponsorship to go from Senator Bush to Senator 19 Fine, allowing her to present the bill. Mr. Secretary, please 20 read the bill. 21 SECRETARY ANDERSON: 22 Senate Bill 1622. 23 (Secretary reads title of bill) 24 3rd Reading of the bill. 25 PRESIDING OFFICER: (SENATOR KOEHLER) 26 Senator Fine, on the bill. 27 SENATOR FINE: 28 Thank you, Mr. President. This legislation extends 29 protections under the Human Rights Act to include members of 16 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 elected official's personal staff. They are currently excluded 2 from the Act. This would allow them to file a charge of 3 discrimination, harassment or retaliation with the Department of 4 Human Rights, and also file a lawsuit for violations of the Human 5 Rights Act. 6 PRESIDING OFFICER: (SENATOR KOEHLER) 7 Is there any discussion? Seeing none, the question is, shall 8 Senate Bill 1622 pass. All those in favor, vote Aye. Opposed, 9 Nay. The voting is open. Have all voted who wish? Have all voted 10 who wish? Have all voted who wish? Take the record. On that 11 question, there are 54 voting Yea, none voting Nay, none voting 12 Present. And -- and Senate Bill 1622, having received the required 13 constitutional majority, is declared passed. Senator Bennett, for 14 what purpose do you seek recognition? 15 SENATOR BENNETT: 16 For a clarification. 17 PRESIDING OFFICER: (SENATOR KOEHLER) 18 Please state your clarification. 19 SENATOR BENNETT: 20 I intended to vote Aye for the previous bill 1692 -- 22, 21 pardon me, and I'm sorry. Apparently, it was through operator 22 error, I was unable to do so. So, if the record... 23 PRESIDING OFFICER: (SENATOR KOEHLER) 24 The record will so reflect your intention. We're going to go 25 to -- next to, Senate Bill 2953. Leader Lightford. Mr. Secretary, 26 please read the bill. 27 SECRETARY ANDERSON: 28 Senate Bill 2953. 29 (Secretary reads title of bill) 17 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 116th Legislative Day 1 3rd Reading of the bill. 2
PRESIDING OFFICER: (SENATOR KOEHLER) 3 Leader Lightford, on your bill. 4
5 Thank you, Mr. President, Ladies and Gentlemen of the Senate. 6 Senate Bill 2953 increases the fee for a coroner or medical 7 examiner to create -- cremate, excuse me, a dead human body from 8 fifty dollars to one-hundred dollars and makes the effective date 9 for the bill July 1 of 2023. This initiative is of the Illinois 10 Coroners and Medical Examiners Association and supported by the 11 Illinois Funeral Directors Association. It was on the agreed bill 12 list. I'm not aware of any opposition, and I am happy to answer 13 questions. 14
PRESIDING OFFICER: (SENATOR KOEHLER) 15 Is there any discussion? Seeing none, the question is, shall 16 Senate Bill 2953 pass. All those in favor, vote Aye. Opposed, 17 Nay. The voting is open. Have all voted who wish? Have all voted 18 who wish? Have all voted who wish? Take the record. On that 19 question, there are 53 voting Yea, none voting Nay, none voting 20 Present. And Senate Bill 2953, having received the required 21 constitutional majority, is declared passed. Leader Lightford, on 22 Senate Bill 42 -- 4244. Mr. Secretary, please read the bill. 23
24 Senate Bill 4244. 25 (Secretary reads title of bill). 26 3rd Reading of the bill. 27
PRESIDING OFFICER: (SENATOR KOEHLER) 28 Leader Lightford, on your bill. 29
18 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 Thank you, Mr. President, Ladies and Gentlemen of the Senate. 2 Senate Bill 4244 amends the School Code to allow for township 3 school treasurers to reside outside of the township they would be 4 overseeing. Presently, all treasurers appointed by the school 5 trustees, must reside within the township bounds of the township, 6 appointing them. This legislation would provide for a larger pool 7 of candidates to apply and be assessed for the role. This would 8 only apply to class two county schools, which are county school's 9 units of two million or more. Effectively, only applying to Cook 10 County and the townships located within. This, too, was also on 11 the agreed bill list. I know of no opposition, and I'd be happy 12 to answer questions. 13 PRESIDING OFFICER: (SENATOR KOEHLER) 14 Is there any discussion? Seeing none, the question is, shall 15 Senate Bill 4244 pass. All those in favor, vote Aye. Opposed, 16 Nay. The voting is open. Have all voted who wish? Have all voted 17 who wish? Have all voted who wish? Take the question. On that 18 question, there are 52 voting Yea, none voting Nay, none voting 19 Present. And Senate Bill 4244, having received the required 20 constitutional majority, is declared passed. 21 Calendar No. 1 has been printed and distributed. Supplemental 22 go to House Bill, 2nd Reading on House Bill 5542, Senator 23 Cunningham. Mr. Secretary, please read the bill. 24 SECRETARY ANDERSON: 25 House Bill 5542. 26 (Secretary reads title of bill) 27 3rd Reading of the bill. Excuse me. 28 House Bill 5542. 29 (Secretary reads title of bill) 19 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 2nd Reading of the bill. No committee or Floor amendments 2 reported. 3
PRESIDING OFFICER: (SENATOR KOEHLER) 4 5 6 President Harmon. 7 8 9 3rd Reading. Staying with the Supplemental Calendar No. 1, we're going to go to Senate Bills 3rd Reading. Senate Bill 2801, Mr. Secretary, please read the bill. Sponsorship has changed, I understand. Sponsorship has changed to Senator Holmes. Senator Holmes seeks leave of the Body to return Senate Bill 2801 to the Order of 2nd Reading. Leave is granted. 10 Now on the Order of 2nd Reading is 2801. Mr. Secretary, are there 11 12 any Floor amendments approved for consideration?
13 Floor Amendment No. 1, offered by Senator Holmes. 14
PRESIDING OFFICER: (SENATOR KOEHLER) 15 Senator Holmes, on your amendment. 16
17 18 19 20 21 22 23 24 25 I would like to discuss on 3rd Reading.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 26 2801. Mr. Secretary, please read the bill. 27
28 29 Senate Bill 2801. (Secretary reads title of bill) 20 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 3rd Reading of the bill. 2
PRESIDING OFFICER: (SENATOR KOEHLER) 3 Senator Holmes, on your bill. 4
5 Thank you, Mr. President. Senate Bill 2801 appropriates 1.37 6 billion GRF to repay the federal government for all outstanding 7 advances and four-hundred and fifty million GRF as a loan for the 8 payment to the -- to the UI Trust Fund. And that loan that's paid 9 to the UI Trust Fund will be paid by the employers for that forty- 10 five hundred or four hundred and fifty million, and it will be 11 forty-five million annually for ten years. 12
PRESIDING OFFICER: (SENATOR KOEHLER) 13 Is there any discussion? Senator Rezin. 14
15 Thank you, Mr. President. A question for the sponsor, please. 16
PRESIDING OFFICER: (SENATOR KOEHLER) 17 She indicates she'll yield. Senator Rezin. 18
19 Thank you, Mr. President. Question for the sponsor. Senator 20 Holmes -- Leader Holmes, can you -- can you tell me, is this 21 appropriations bill a -- and we talked about a clean appropriations 22 bill, meaning what's being appropriated in this bill is only going 23 to fund the U of {sic} I Trust Fund? 24
PRESIDING OFFICER: (SENATOR KOEHLER) 25 Senator Holmes. 26
27 Yes, that is the intention of the bill. 28
PRESIDING OFFICER: (SENATOR KOEHLER) 29 Senator Rezin. 21 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1
2 Thank you. Can you explain to us, once this bill is passed 3 today, what the process will be and when the House will see and 4 act upon the bill? 5
PRESIDING OFFICER: (SENATOR KOEHLER) 6 Senator Holmes. 7
8 The House will see this bill, probably, the first week of 9 January. 10
PRESIDING OFFICER: (SENATOR KOEHLER) 11 Senator Rezin. 12
13 Thank you. It is my understanding that the way that the 14 language is written in the UI, in the agreement of the UI Trust 15 Fund, and what has -- what was agreed upon between business and 16 labor, that the agreement goes through if there's any 17 appropriations bill that's passed. I'm sorry. To the bill, 18 please. 19
PRESIDING OFFICER: (SENATOR KOEHLER) 20 To the bill. 21
22 Thank you. It is -- it is our understanding that if -- when 23 the appropriations bill is passed, regardless of whether it's the 24 Senate or the House, that the UI Trust Fund agreement between 25 business and labor is -- is accepted, will -- will go through. We 26 have the commitment in the Senate, and many of our Members were 27 concerned about an appropriations bill, that is what we call a 28 clean appropriations bill, meaning that the appropriations is only 29 to fund what was agreed upon in the UI Trust Fund and no more. 22 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 2 3 4 5 And I know that the President and Leader Holmes give us their commitment that they will try to pass a clean bill. Our concern is, and we can't control the House, so, I just for the Members on our side, we still think that this is a good agreement for the UI Trust Fund. There is a commitment in the Senate on this bill to 6 7 8 pass a clean appropriations bill. And it is our hope that we'll have the same commitment in the House. So, I ask for an Aye vote. Thank you, Mr. President. 9 10 11 12 13 14 15
PRESIDING OFFICER: (SENATOR KOEHLER) Is there further discussion? Senator Barickman.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR KOEHLER) Sponsor indicates she'll yield. Senator Barickman.
16 17 Thank you, Mr. President. My colleague, the previous speaker, referenced a commitment that -- that exists, but I want, just for 18 19 this Body and for the record to commitment is. So, I -- I may ask of you as the sponsor, and reflect what exactly that 20 21 22 although a little bit out of order, I would request that maybe President Harmon also speak when appropriate to his level of commitment here. From the Republican side of the aisle, the 23 concern we -- we embrace the notion that this is an agreed bill 24 process. We appreciate the willingness to work together on it and 25 are prepared to support it. The funding mechanism, the 26 appropriations that are tied to this rise concerns based on 27 previous actions of the legislature to take a bill, an 28 appropriations bill from one Chamber, send it to the next. 29 Sometimes that gets pretty muddy. The other Chamber adds things. 23 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 Could be good, could be bad, but changes it and brings it back to 2 put us in a position of an up or down vote. From the Republican 3 side of the aisle, we feel we've been often excluded from a seat 4 at the table, during those types of actions, legislative actions. 5 And so, I'd like the sponsor to provide for -- for the -- for the 6 Body, her commitment on limiting this appropriations to the -- the 7 subject matter and the amount, the best that she can. And I would 8 appreciate hearing from the Senate President if he would, as well, 9 to his level of commitment. 10 PRESIDING OFFICER: (SENATOR KOEHLER) 11 Senator Holmes. 12 SENATOR HOLMES: 13 Yes. Thank you. As we discussed in committee on this, I 14 just want everybody to understand that when we do something 15 regarding unemployment insurance, it's done through what we call 16 the agreed bill process. So, we have representatives from labor 17 and business, and in this case, also the Governor's Office, as 18 well as Members from each of the four caucuses, all take part in 19 that. So, everybody has good representation at that table. And 20 I would hesitate to ever change what has been agreed and passed by 21 that agreed working group. So, at this point, yes, my commitment 22 is that this will be a clean appropriations bill. 23 PRESIDING OFFICER: (SENATOR KOEHLER) 24 President Harmon. 25 SENATOR HARMON: 26 Thank you, Mr. President, Ladies and Gentlemen of the Senate. 27 Thank you for soliciting my -- my comments on this. Again, this 28 is an appropriation bill that is limited to appropriations to 29 satisfy our obligations to the Unemployment Insurance Trust Fund. 24 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 It is a product of the agreed bill process in which Democrats and 2 Republicans participated. I have spoken with the Speaker of the 3 House. I have a good faith belief that this will pass to the House 4 and then go to the Governor's desk without amendment. If it were 5 to come back to us, I would say there's a presumption against 6 concurring, if they add anything other than the Unemployment 7 Insurance Trust Fund issues. That said, I would like the ability 8 to come back and discuss with colleagues on both sides of the aisle 9 whether the bill that comes back is worth concurring. But if there 10 would be a presumption against that, if there is other supplemental 11 budget business that we need to take care of in January, there are 12 other vehicles in place. Anytime you send a bill, especially an 13 appropriations bill, from the originating Chamber to the second 14 Chamber, there is some peril involved and none of us can commit 15 for the House. But I would say there's a presumption against 16 concurring, unless both parties are reflective of the agreed bill 17 process would agree. 18 PRESIDING OFFICER: (SENATOR KOEHLER) 19 Any further discussion? Senator Barickman. 20 SENATOR BARICKMAN: 21 Thank you. I -- I simply want to thank the sponsor and thank 22 the Senate President for their comments and their commitments 23 there, and I appreciate that. Thank you. 24 PRESIDING OFFICER: (SENATOR KOEHLER) 25 Further discussion. Seeing none. Senator Holmes, do you 26 want to close? 27 SENATOR HOLMES: 28 I would just ask for an Aye vote. 29 PRESIDING OFFICER: (SENATOR KOEHLER) 25 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 So, the question is, shall Senate Bill 2801 pass. All those 2 in favor, vote Aye. Opposed, Nay. The voting is open. Have all 3 voted who wish? Have all voted who wish? Have all voted who wish? 4 Take the record. On that question, there are 46 voting Yea, 9 5 voting Nay, none voting Present. And Senate Bill 2801, having 6 received the required constitutional majority, is declared passed. 7 Senator Bennett, for what purpose do you seek recognition? With 8 leave of the Body, we'll go back to our regular Calendar on page 9 2, we're going to go to House Bill 10-50-95 (1095) and we're going 10 to return Senator -- Senator Peters receives -- with leave of the 11 Body to return House Bill 1095 to the Order of 2nd Reading. Leave 12 is granted. Now, on the Order of 2nd Reading, is House Bill 1095. 13 Mr. Secretary, any Floor amendments approved for consideration? 14
15 Floor Amendment No. 1, offered by Senator Peters. 16
PRESIDING OFFICER: (SENATOR KOEHLER) 17 Senator Peters, on your amendment. 18
19 I'll adopt on 3rd. 20
PRESIDING OFFICER: (SENATOR KOEHLER) 21 Is there any discussion? All those in favor will say Aye. 22 Opposed, Nay. The Ayes have it, and the amendment is adopted. 23 Are there any further Floor amendments approved for consideration? 24
25 Floor Amendment No. 2, offered by Senator Peters. 26
PRESIDING OFFICER: (SENATOR KOEHLER) 27 Senator Peters, on your amendment. 28
29 I'll adopt on 3rd. 26 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 PRESIDING OFFICER: (SENATOR KOEHLER) 2 Is there any discussion? All those in favor will say Aye. 3 Opposed, Nay. The Ayes have it, and the amendment is adopted. 4 Are there any further Floor amendments approved for consideration? 5 SECRETARY ANDERSON: 6 No further amendments reported. 7 PRESIDING OFFICER: (SENATOR KOEHLER) 8 3rd Reading. Now on the Order of 3rd Reading is House Bill 9 1095. Mr. Secretary, please read the bill. 10 SECRETARY ANDERSON: 11 House Bill 1095. 12 (Secretary reads title of the bill) 13 3rd Reading of the bill. 14 PRESIDING OFFICER: (SENATOR KOEHLER) 15 Senator Peters, on your bill. 16 SENATOR PETERS: 17 Thank you. HB 1095, as amended, makes clarifications to the 18 Pretrial Fairness Act. After extensive negotiation 19 negotiations with stakeholders. I would like to thank the 20 advocates, states attorneys, law enforcement, and other criminal 21 justice partners for collaborating to getting us to this place. 22 I would like to also thank the victims' rights groups for their 23 support. HB 1095 sets out to what happens on January 1, 2023. 24 The bill adds offenses to the detention net with underlying theme 25 of detaining people who pose a danger, and release people who do 26 not. It ensures there is clarity over what constitutes a danger, 27 and what constitutes willful flight. The bill outlines the hearing 28 processes, makes clarifying changes to the citation in lieu of 29 arrest provisions, and clarifies what escape means. This is a 27 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 product of a lot of hard work by people committed to ensuring the 2 criminal justice process runs smoothly. I ask for a Yes vote. 3
PRESIDING OFFICER: (SENATOR KOEHLER) 4 Is there any discussion? Senator Barickman. 5
6 Question of the sponsor. 7
PRESIDING OFFICER: (SENATOR KOEHLER) 8 Sponsor indicates he'll yield. Senator Barickman. 9
10 Thank you, Mr. President. Senator, your legislation expands 11 the numbers and types of offenses for which detention denial of 12 pretrial release are eligible. And in committee, you said that 13 the reason why the additional offenses were being added by this 14 legislation, was because you had identified offenses that put the 15 public in danger, versus those that did not, and those that put 16 the public in danger were being added to the SAFE-T Act. My 17 question to you, is why were these offenses not included in the 18 first place? 19
PRESIDING OFFICER: (SENATOR KOEHLER) 20 Senator Peters. 21 SENATOR PETERS: 22 I would first like to say that you should just not put words 23 in my mouth. You know, let me talk for myself, if that's okay. 24 And, you know, I think I'll just say about this, this is a product 25 of negotiations, with such stakeholders who are neutral on this 26 bill. The State's Attorneys Association, advocates, law 27 enforcement, and other criminal justice partners. And I would 28 like to repeat, that this bill has the support of victims' rights 29 groups, and I'm grateful for it. 28 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 PRESIDING OFFICER: (SENATOR KOEHLER) 2 Senator Barickman. 3 SENATOR BARICKMAN: 4 So, to be clear, and the media was in committee. I'm not 5 putting words in your mouth. I wrote down what you said, and you 6 said that these -- you included certain offenses, that, and I wrote 7 it down, put the public in danger versus those that do not. Now, 8 your response to this question was to read a list of advocates who 9 have various opinions on the legislation. But the question is, 10 why weren't these offenses included in the first place. Let me 11 ask it to you this way. Why are you including these offenses in 12 the bill at all? 13 PRESIDING OFFICER: (SENATOR KOEHLER) 14 Senator Peters. 15 SENATOR PETERS: 16 Yeah, so, I want to point out that we've always had this right 17 over the two-year plan. I think I said this in committee. We're 18 always having a plan to put this into the -- into the bill. That's 19 why we are having this process. That is the intent that we had 20 there, and that is where we're at. 21 PRESIDING OFFICER: (SENATOR KOEHLER) 22 Senator Barickman. 23 SENATOR BARICKMAN: 24 So, you've never -- look, get it to the -- let's get to the 25 -- the substance, though. Why are you including the -- the 26 offenses that you're including? 27 PRESIDING OFFICER: (SENATOR KOEHLER) 28 Senator Peters. 29 SENATOR PETERS: 29 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 This is the product of negotiation with stakeholders, again, 2 including advocates, state's attorneys who are neutral, law 3 enforcement that are neutral, other criminal justice actors and 4 I'm really grateful for victims' rights groups that support this. 5 Thank you. 6 PRESIDING OFFICER: (SENATOR KOEHLER) 7 Senator Barickman. 8 SENATOR BARICKMAN: 9 It's your bill. Can't you just explain to the people of this 10 State, why you are including certain offenses in your bill? 11 PRESIDING OFFICER: (SENATOR KOEHLER) 12 Senator Peters. {sic} 13 SENATOR BARICKMAN: 14 We understand the process, and we understand where everyone's 15 at. But set aside the procedure. You always yell at Republicans, 16 we -- we cry process. Quit hiding behind the process and explain 17 the substance. Why did you include the offenses that you did? 18 PRESIDING OFFICER: (SENATOR KOEHLER) 19 Senator Peters. 20 SENATOR PETERS: 21 So, I'd just like to point out that everything was detainable. 22 This is just clarifying that their detainable under the 23 dangerousness standard. Thank you. 24 PRESIDING OFFICER: (SENATOR KOEHLER) 25 Senator Barickman. 26 SENATOR BARICKMAN: 27 Let's talk about the specific offense of burglary, which was 28 discussed by even your witness, the State's Attorney from Champaign 29 County, in committee, here today. And your witness said, that she 30 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 believed burglary should be an included offense in your list of 2 offenses. Why are you not including burglary? 3 PRESIDING OFFICER: (SENATOR KOEHLER) 4 Senator Peters. 5 SENATOR PETERS: 6 The intent is not to capture situations like unlocked doors 7 or homeless people entering abandoned buildings to find items. 8 The State's Attorneys' Association testified in committee, earlier 9 today, that they have the tools to argue to capture people 10 committing the types of burglary offenses that you raised. 11 PRESIDING OFFICER: (SENATOR KOEHLER) 12 Senator Barickman. 13 SENATOR BARICKMAN: 14 Your witness gave two examples in committee, that were 15 smashing a car through a plate glass window, breaking into 16 vehicles, break... These -- these examples by your witness were her 17 reasons why she thought further work should be done to result in 18 burglary being an included offense here. So, not to the intent, 19 but why not include burglary? 20 PRESIDING OFFICER: (SENATOR KOEHLER) 21 Senator Peters. 22 SENATOR PETERS: 23 I'll repeat. The State's Attorneys' Association did testify 24 in committee earlier today. And that they said, that they have 25 the tools to argue to capture people committing the types of 26 burglary offenses that you raise. 27 PRESIDING OFFICER: (SENATOR KOEHLER) 28 Senator Barickman. 29 SENATOR BARICKMAN: 31 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 Actually, the -- the State's Attorney said that, she wished 2 that the legislation included burglary, that she would continue to 3 advocate for this to occur and she hoped that you would revisit 4 this maybe in the next legislative -- legislative Session. 5 Senator, is it your intent next year, to file another trailer bill 6 to incur -- include burglary? 7 PRESIDING OFFICER: (SENATOR KOEHLER) 8 Senator Peters. 9 SENATOR PETERS: 10 Let me first say that, burglary where there is force on -- on 11 a person, or residential burglary, is under the dangerousness 12 standard detention net. And then let me also add, every bill that 13 we do here, whether it's 1922, I said this in committee, so I'll 14 use the line again, 2022, or the Criminal Code like in 1963, every 15 bill that we do is a trailer bill in itself, and that's the 16 legislative process. 17 PRESIDING OFFICER: (SENATOR KOEHLER) 18 Senator Barickman. 19 SENATOR BARICKMAN: 20 I hope that you will listen to your own witness, who urged 21 you and that side of the aisle to consider the ramifications of 22 not including burglary and the risks that it creates, the burdens 23 that it placed on local law enforcement and states attorneys. I 24 want to move on to the -- the -- some of the public -- more public 25 aspects of this legislation. Your legislation makes it more 26 difficult for the public to have made available to them, 27 information, including the conditions that may be imposed upon an 28 individual during a pretrial situation. Why are you making it 29 harder for the public to have access to that type of information? 32 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 The conditions that a judge may place on someone, whether it be 2 restrictions on where they go, or work, or what they do. I 3 referenced some of the examples that are concerning to us in 4 committee. Individuals who may be arrested for domestic violence 5 and may have limitations on the home that they can enter or be 6 near, those who are child predators. Right? Or, sexual assault 7 individuals, often have conditions placed upon them by judges about 8 where they can go, maybe saying they can't go near a school. The 9 person hasn't yet been convicted of a crime, but they've sure been 10 accused of some very serious crimes. And, I believe the public, 11 is very concerned about this. The public we've -- we've heard 12 from them for months about the concerns that they have and the 13 concern here is that we'll have a public who lacks confidence in 14 a judicial system, who's not being so forthcoming in the 15 information that's made available to them. So, why are you making 16 it more burdensome on the public to have access to this type of 17 information? 18 PRESIDING OFFICER: (SENATOR KOEHLER) 19 Senator Peters. 20 SENATOR PETERS: 21 So, let me be very clear. This fixes a drafting error, where 22 amount of bail was changed to conditions of pretrial release. 23 These provisions do not go into effect until January 1st, 2023. 24 So, this bill, just removes that language since there is no 25 equivalent to amount of bail under pretrial release. Conditions 26 of pretrial release are still public record. 27 PRESIDING OFFICER: (SENATOR KOEHLER) 28 Senator Barickman. 29 SENATOR BARICKMAN: 33 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 As I mentioned in committee, Senator, the concern isn't 2 whether it's public or not. It's the burdens that one must go 3 through to access that information. For example, do does the 4 public and does the media have to pay to obtain information that 5 should I believe, and the public believes, otherwise be made 6 available to them, more transparently and freely. To the bill. 7
PRESIDING OFFICER: (SENATOR KOEHLER) 8 To the bill. 9
10 A tremendous amount has been said about this, now law, for 11 - since since it was passed in the middle of that night. Right? 12 The year and a half, or more ago that it was. And we've all heard 13 it, and I'm sure we've all heard from our constituents on it. I 14 took some of my opportunity to question the sponsor, to point out 15 some of the deficiencies that we think continue to exist, that 16 result in the public being more at risk as a result of this law in 17 totality. And it strikes concern for me because one of the primary 18 functions of government, of course, is to keep its people safe. 19 And so, at this point, we know the we know the the politics 20 of this situation. Right? The legislations likely to move out of 21 this Chamber here shortly to the House. We'll see what they do 22 with it. If they pass it, it goes to the Governor. Governor, I 23 want to speak to you for moment about this bill. Governor 24 Pritzker, I my constituents, the people around this State, we've 25 heard what you've said about the SAFE-T Act, as you've spent the 26 last year of your life on the campaign trail. You told the public 27 that your actions to sign the SAFE-T Act into law didn't put the 28 public at risk. Yet today, today's legislation introduced by the 29 sponsor, who testified in committee that his actions to add certain 34 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 offenses as those eligible for detention, denial of pretrial 2 release, that the reason he was adding those is because he 3 identified offenses that put the public in danger and needed to be 4 included on the list. I told you his quote, he stated we identified 5 those that put the public in danger and those that do not. And we 6 added those that put the public in danger. Governor Pritzker, you 7 told the people of this State, that your actions to sign the SAFE- 8 T Act didn't put the public at risk. If that is true, Governor, 9 I hope you will answer the question of why this legislation is 10 necessary at all. Because the actions of the sponsor and this 11 legislation are no mere clarification. They are substantive 12 changes that are being made because of the harm putting the public 13 at risk as a result of the SAFE-T Act, in the first place. So, 14 Governor, why did you sign the law in the first place and put the 15 public at risk? I would also like to know, Governor, where you 16 stand with our State's Attorneys. A majority of the State's 17 Attorneys in this State have filed suit on the SAFE-T Act. Those 18 suits continue. The sponsor said he did not engage with those 19 individuals. My understanding is that those lawsuits will 20 continue. And even for the State's Attorneys who aren't a part of 21 the lawsuits. The State's Attorney from Champaign County, who 22 came to our hearing, on behalf of Senator Peters, and said that 23 she was concerned that the offense of burglary was not included 24 here. And just like the other offenses that the Senator, the 25 sponsor, is trying to clear up, leaving this one off the table, 26 puts the public at risk. And so, Governor, do you agree with 27 State's Attorneys and are you committed to fixing the failure of 28 the Democrats here to include burglary in the list of offenses? 29 Governor, are you willing to stand up for the people of this State 35 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 and keep them safe? And then finally, Governor, why is it that 2 this legislation will make it more burdensome for the public to 3 find out information about those who've been detained? What public 4 interest exists, Governor, to making it more difficult for the 5 public and the press to have available to them, the information 6 that comes through these pretrial hearings? Now the sponsor will 7 say, well, it's still all available. But what he won't say is, 8 but you've got to get behind the firewall and you've got to pay 9 the fee. And what kind of a world do we live in and what kind of 10 press do we have, if an elected sheriff arrests someone, takes 11 them to court, or an elected State's Attorney convenes with a 12 judge, likely elected, who consider the information made available 13 to them at an initial hearing, in those State actors, elected 14 officials, public officials, make a decision on an individual who 15 has not yet had their day in court, but certainly had their 16 hearing. Why isn't that information made available to the public? 17 Governor, why are you making it harder for the public to access 18 this information? For all of what I heard from Governor Pritzker 19 on the campaign trail, I heard no specifics on this bill. Which 20 suggests to me he either doesn't care about these issues, or he 21 doesn't know. And between now and the time when this legislation 22 hits his desk, I want him to answer, crystal clearly, on these 23 three things. Why is this bill necessary to keep the public safe 24 if the public safety was never at risk in the first place? Why 25 should burglary be excluded from the eligible offenses? And why 26 doesn't the public have an interest in the information being 27 readily made available to them about the conditions and other 28 information relating to a pretrial arrest? I urge a No vote. 29 Thank you, Mr. President. 36 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1
PRESIDING OFFICER: (SENATOR KOEHLER) 2 Further discussion? Senator Rose. 3
4 Thank you. A couple of questions of the sponsor, if I may? 5
PRESIDING OFFICER: (SENATOR KOEHLER) 6 Sponsor indicates he'll yield. Senator Rose. 7
8 Senator Peters, I about fell out of my chair, a little bit 9 ago, when you said this is all part of the two-year plan. I never 10 heard there was a two-year plan for the SAFE-T Act. What is that 11 plan, sir? Because, two years ago when this was voted on in the 12 middle of the night at 4:00 o'clock in the morning, eight-hundred 13 pages in less than an hour's notice, we were told this is it. So, 14 if there was a two-year plan, how come you didn't let the rest of 15 us in on that, any time in the last two years? 16
PRESIDING OFFICER: (SENATOR KOEHLER) 17 Senator Peters. {sic} 18
19 I didn't hear Governor Pritzker talking about the two-year 20 plan on the campaign trail. He just said it needed to be amended. 21 So, can you let us -- the rest of us in, what is the two-year plan? 22
PRESIDING OFFICER: (SENATOR KOEHLER) 23 Senator Peters. 24
25 Let me clarify. The two-year time period, allowed for the 26 development of the Implementation Task Force that has been having 27 meetings about implementing this. And that is what I meant. So, 28 thank you. 29
PRESIDING OFFICER: (SENATOR KOEHLER) 37 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 Senator Rose. 2
3 It's been a lot of clarifying around this bill over the last 4 two years, I can tell you that much. So, what is the -- have you 5 had any conversations with Governor Pritzker? Is he going to sign 6 this bill? 7
PRESIDING OFFICER: (SENATOR KOEHLER) 8 Senator Peters. 9
10 I hope he does. 11
PRESIDING OFFICER: (SENATOR KOEHLER) 12 Senator Rose. 13
14 So, he's given you no commitment one way or the other? 15
PRESIDING OFFICER: (SENATOR KOEHLER) 16 Senator Peters. 17
18 I can't speak on behalf of the Governor. 19
PRESIDING OFFICER: (SENATOR KOEHLER) 20 Senator Rose. 21
22 But you can answer the question. No, he hasn't given you a 23 commitment. Is that a fair answer? He hasn't given you a 24 commitment. 25
PRESIDING OFFICER: (SENATOR KOEHLER) 26 Senator Peters. 27
28 This is the Legislative Branch. I will just add, it seems 29 like you guys like to talk about the Governor. I'm going to repeat 38 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 this one more time. I would hope that he does sign it. So, thank 2 you. 3 PRESIDING OFFICER: (SENATOR KOEHLER) 4 Senator Rose. 5 SENATOR ROSE: 6 Speaking of the Governor, now I'll go ahead and speak to the 7 bill. 8 PRESIDING OFFICER: (SENATOR KOEHLER) 9 To the bill. 10 SENATOR ROSE: 11 You know, speaking of the Governor, he actually all but 12 endorsed the Bennett bill, on the campaign trail. This is not the 13 Bennett bill. So, I just wonder aloud, if he signs it, if that's 14 somehow a broken promise. But I digress. Folks, everything is 15 fine. Everything's always fine. Two years ago, 4:00 o'clock in 16 the morning, everything's fine. It's the greatest idea ever. 17 Going to fix everything, going to help people. And boy, we better 18 vote for it, to do the right thing. Everything's fine. Then came 19 the 1st amendment. Oop! Fixed it! Problem solved. Nothing to 20 see here, move along. Then came the Second amendment. Whoa! Hey! 21 Now we really fixed it. We promise you we fixed it, people of 22 Illinois, no problems here. Is this the third one? I can't count 23 anymore. I've lost track. Now comes this amendment, and here we 24 are again. Well, we fixed non-detainable offenses, oh wait, for 25 those of you in the media, that word doesn't exist. Let me just 26 take a moment aside here, a step back, and just point out the 27 obvious. If you can't actually detain someone for committing a 28 crime, then what is if -- if it's not a non-detainable offense? 29 Eighth graders could figure that out. But here we are today. 39 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 Senator Peters, says he's fixed that part. But then the Champaign 2 County State's Attorney, who happens to be a Democrat, I might 3 add. Oops! Burglary! Didn't fix that -- burglary, didn't fix 4 that. You know, after a while, you see just about everything here, 5 the good, the bad, the ugly, the indifferent, too much 6 indifference, quite frankly. It's the third time we've been here 7 on this. And I want to point this out. I want to point this out, 8 because there's two things that are just amazing to me. The first 9 is this issue about access to information by the media and by the 10 public. The whole reason we have sunshine, sunlight, on our 11 criminal justice process, is to prevent the horrible from 12 occurring. And if it does occur, to punish the people responsible. 13 I remember a long time ago, we talked about torture, police torture 14 of defendants. One of the bills that we worked on -- I can't 15 even say it, we worked on collaboratively, was to put video cameras 16 in every interrogation cell in the State. Why was that? To 17 prevent torture. Kwame, now vote -- now Attorney General, he voted 18 for it. I was in the House at the time. If you don't let the 19 public know what's going on, you're asking for it. And we can say 20 all we want, pretend all we want about how well they have a right 21 to it. You just have to pay for it and maybe go down the block, 22 fill out twenty-five pages of forms, etc. etc. But if we're 23 going to go down the path of not having the public know what's 24 going on in their criminal court cases, we're taking a major, major 25 step backwards. But that's what happens when you don't invite 26 everybody to the party the first time around. You know, there's 27 a long-gone legislator, but very, very well beloved in my area, 28 his name is Representative Bill Black. And Bill Black used to 29 say, when you let this process work, works pretty good. When you 40 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 run stuff through in the middle of the night, it never works. It 2 just doesn't. So, here we are on our 3rd amendment, in which, we 3 still have burglary as a non-detainable. We've got the United 4 States Supreme Court and Richmond Newspapers versus Virginia, 5 affirm the right of not just the press, but the public to know 6 what's going on in their courts. And we're being told everything's 7 fine, all is well, nothing to see here. Well, you know what? 8 Those sixty states attorneys that represent half the State of 9 Illinois, they're pressing on. They're pressing on with their 10 court case. You know why? Because they know not -- that everything 11 is not fine. They know that the people of Illinois' personal 12 safety, the safety of their family is at risk. And, here's the 13 thing that we're all going to agree on. We're all going to agree 14 that we want our kids to be able to ride their bike to school and 15 come home from school in safety. We might disagree on how we're 16 going to get there. We might disagree on this and that. We all 17 agree on that. Sixty states attorneys are still moving forward 18 against this thing. Cause you never open up the door to an actual 19 process that includes everybody. And by the way, if you had done 20 that two years ago, you could have saved yourselves all this two- 21 year plan, and done it right the first time. Thank you, Mr. 22 President. 23 PRESIDING OFFICER: (SENATOR KOEHLER) 24 Further discussion? Senator Bryant. 25 SENATOR BRYANT: 26 Thank you, Mr. President. I just have three -- I'm not an 27 attorney, so my questions will be pretty simple, I think. Hello, 28 Senator. 29 PRESIDING OFFICER: (SENATOR KOEHLER) 41 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 Sponsor indicates he will yield. 2 SENATOR BRYANT: 3 Thank you. So, you -- you mentioned an Implementation Task 4 Force. Were there any Members of the Republican Senate Caucus 5 invited to be a part of that implementation task force? 6 PRESIDING OFFICER: (SENATOR KOEHLER) 7 Senator Peters. 8 SENATOR PETERS: 9 Yes. 10 PRESIDING OFFICER: (SENATOR KOEHLER) 11 Senator Bryant. 12 SENATOR BRYANT: 13 Really? They were invited? There were individuals invited. 14 Or was it just a broad invitation, come and join us? 15 PRESIDING OFFICER: (SENATOR KOEHLER) 16 Senator Peters -- Senator Peters. 17 SENATOR PETERS: 18 I -- I think the Senator might want to amend the question. 19 PRESIDING OFFICER: (SENATOR KOEHLER) 20 Senator Bryant. 21 SENATOR BRYANT: 22 Yes, I would. Other than those appointed by the Illinois 23 Supreme Court, did you personally invite any Member of the 24 Republican Senate Caucus to join you in those conversations? 25 PRESIDING OFFICER: (SENATOR KOEHLER) 26 Senator Peters. 27 SENATOR PETERS: 28 That is the court's jurisdiction. So, it's under the court. 29 PRESIDING OFFICER: (SENATOR KOEHLER) 42 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 Senator Bryant. 2 SENATOR BRYANT: 3 Okay, so the answer to that would be no, you did not 4 personally invite someone. Question two. Does the amendment end 5 the ability of offenders on electronic detention to have free 6 movement for up to forty-eight hours? 7 PRESIDING OFFICER: (SENATOR KOEHLER) 8 Senator Peters. 9 SENATOR PETERS: 10 Number one, it's not free movement. Number two, any movement 11 can be monitored. And the third point is, the amendment clarifies 12 court outlines time periods during those days for grocery and other 13 basic needs. Thank you. 14 PRESIDING OFFICER: (SENATOR KOEHLER) 15 Senator Bryant. 16 SENATOR BRYANT: 17 Yes. So, I think, if you refer to page 306 of the amendment, 18 it actually changes the language for electronic detention. And 19 it, previously, they were allowed forty-eight hours of, I'm going 20 to call it free movement, because in my professional experience, 21 electronic detention, when you can move around without having to 22 call an agent in advance and ask for that movement, it's free 23 movement. So, we could argue about the terminology, but basically, 24 now the language has been changed to -- to primarily say that they 25 can move now more than forty-eight hours as long as their intention 26 was not to escape. So, again, I'm not an attorney, but my 27 experience has been, it's very difficult to prove someone's 28 intention. So, you would now, under this language, have to prove 29 that someone's intent was to escape, if they're out running around 43 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 for more than forty-eight hours. 2 PRESIDING OFFICER: (SENATOR KOEHLER) 3 Senator Peters. 4 SENATOR PETERS: 5 I believe the Senator is conflating with the offense of 6 escape. This bill clarifies, escape equals escape. Thank you. 7 PRESIDING OFFICER: (SENATOR KOEHLER) 8 Senator Bryant. 9 SENATOR BRYANT: 10 There are a couple of us over here that worked for the 11 Department of Corrections. I was with the Community Correctional 12 Centers when we were controlling electronic monitoring. And escape 13 means, they left the area where they were being detained, and now 14 they can actually do that for seventy-two hours, unless they can 15 prove they weren't trying to escape. But I'll leave that one 16 alone. I -- I think we would probably argue what the -- what the 17 person is going to do, and I won't do that with you. That's my 18 understanding of what's going to happen, just from my personal 19 experience. And then lastly, on the State's Attorneys, the State's 20 Attorneys' Association is neutral. That does not mean that they 21 support the bill. Honestly, being neutral on this from the one - 22 - from the State's Attorneys that I've talked to, is just, this is 23 better than it was, it's still bad. Right? So, I get that the 24 State's Attorneys have an association, but not all State's 25 Attorneys were included in this. The state's -- do you know that 26 if the State's Attorneys who filed against -- against the bill, 27 which if you remember, their -- part of their reasoning was, that 28 it is constitutionally unsound because the original bill addressed 29 eighty different laws, which violates the one-subject rule. Does 44 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 -- so my -- here's my question. Does this address their concern 2 on the issue of the constitutionality of the one-subject rule? 3 PRESIDING OFFICER: (SENATOR KOEHLER) 4 Senator Peters. 5 SENATOR PETERS: 6 The State's Attorneys were there on, their association was at 7 the table, which represents them -- so. 8 PRESIDING OFFICER: (SENATOR KOEHLER) 9 Senator Bryant. 10 SENATOR BRYANT: 11 And through the testimony today in committee, I believe, the 12 representative from the State's Attorneys' Association said that 13 only a portion of those State's Attorneys were a part of the 14 conversation. Is that -- that's correct, right? 15 PRESIDING OFFICER: (SENATOR KOEHLER) 16 Senator Peters. 17 SENATOR PETERS: 18 There was a majority of them who agreed to be neutral on their 19 call. 20 PRESIDING OFFICER: (SENATOR KOEHLER) 21 Senator Bryant. 22 SENATOR BRYANT: 23 The majority of those that were on their call, not the 24 majority of the State's Attorneys. 25 PRESIDING OFFICER: (SENATOR KOEHLER) 26 Senator Peters. 27 SENATOR PETERS: 28 You still -- they still have to decide by the majority of 29 their association. 45 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1
PRESIDING OFFICER: (SENATOR KOEHLER) 2 Senator Bryant. 3
4 5 6 7 But the lawsuit is still in place, and this bill does not address their concerns about the constitutionality of the -- this amendment does not address their issue of the constitutionality of the law. 8
PRESIDING OFFICER: (SENATOR KOEHLER) 9 Senator Peters. 10
11 We believe that does. 12
PRESIDING OFFICER: (SENATOR KOEHLER) 13 Senator Bryant. 14
15 That's my last question. I think on my three questions, I 16 17 would say we're not in agreement on any of those three, but thank you for your answers. 18
PRESIDING OFFICER: (SENATOR KOEHLER) 19 Further discussion? Senator Curran. 20
21 Thank you, Mr. President. To the bill. 22
PRESIDING OFFICER: (SENATOR KOEHLER) 23 To the bill. 24
25 You know, two years ago, this is -- this process started. 26 And this process started in a manner, where behind closed doors, 27 we had a reinvention of the criminal justice system proposed, and 28 passed in the middle of the night. Now, since that time, we've 29 had several trailer bills. I -- I am appreciative of the work 46 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 that the Illinois Supreme Court has done, the arduous work that 2 they've done in the last two years. I was very happy to serve at 3 their appointment on that task force, along with my esteemed 4 colleague on the other side of the aisle and Members of the House, 5 bipartisan in nature. The Illinois Supreme Court understood it's 6 important to have members -- diverse opinions, working on this 7 issue. I don't understand why this legislative Body doesn't also 8 agree with that. We have a wonderful example today. The UI Trust 9 Fund, a 4.5-billion-dollar deficit, a large mountain to climb 10 coming out of the pandemic. And how was that issue approached by 11 -- by this legislative Body? A bipartisan manner, bipartisan, 12 bicameral, Republicans and Democrats, business and labor, all at 13 the table, working collaboratively. And we accomplished it, or we 14 soon will. We got the ball rolling here, in a bipartisan manner. 15 The reality is, from the beginning on this issue, Republicans have 16 been frozen out of the process. We represent thirty-five percent, 17 approximately, of the State. And never once in two years have we 18 been allowed an opportunity to participate. Now, there's been 19 improvements in two years. Two years ago, we had this bill 20 dropped, had an hour to review it, and it was voted on at about 21 four in the morning after another hour of debate. This year, thank 22 you, two years later, we got a full -- we got a full day. We had 23 plenty of time to review it. So, I appreciate that incremental 24 progress. However, if we're really going to tackle difficult 25 issues in this State, we're going to need to include all voices. 26 And freezing out thirty-five percent of the State's population, 27 essentially saying, go ahead, elect a Republican. We're just going 28 to set you off to the side and we're not going to include your 29 representative, then, in the process. That's antidemocratic. I 47 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 think we can do better. I appreciate the Senator's efforts. I 2 appreciate that you brought law enforcement to the table on this 3 issue. I think that's also a big improvement from two years ago. 4 I think you also have further improvements to go. And one of those 5 is actually bringing the minority party into this process. Thank 6 you, Mr. President. 7
PRESIDING OFFICER: (SENATOR KOEHLER) 8 Further discussion? Senator McClure. 9
10 Thank you, Mr. President. To the bill. 11
PRESIDING OFFICER: (SENATOR KOEHLER) 12 To the bill. 13
14 So, let's -- let's look at where we began with this bill and 15 what's happened since it first emerged before the three different 16 trailer bills. We have seen a record number of law enforcement 17 leave the profession, leave the State or retire. A record number 18 of sheriffs have left the -- have left the profession or retired 19 or not sought reelection. We are severely hurting, right now, for 20 law enforcement. We have a problem with unsolved crimes because 21 of the issues with the need to get more law enforcement in this 22 State. The SAFE-T Act was the main catalyst for getting them to 23 leave the profession or leave the State. Here's a major area in 24 which that is affected, really all of us. I saw an article this 25 morning about what's happening in Chicago. This is not just a 26 Chicago problem, this is an entire State problem. It's happening 27 with people that are getting their vehicles stolen. Ninety-one 28 percent more motor vehicle thefts this year, than last year. Over 29 twenty-thousand more than last year. The arrest rate now for those 48 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 crimes is 2.5 percent, the lowest in over twenty years. Why is 2 that? There are not enough law enforcement members in this State, 3 right now, to investigate all the crimes that are occurring. We 4 are now seeing 911 calls, active crimes occurring. Someone is 5 calling 911 and there are not enough law enforcement folks to go 6 investigate that active crime. That is causing people to get away 7 with crimes, that is causing people to be victimized in this crisis 8 in law enforcement and quite frankly, also in State's Attorney's 9 offices started with the passage of the SAFE-T Act. And now we 10 see, it's going to be even more difficult to stop car thefts and 11 car burglaries, because we are not going to be allowed to detain 12 people for breaking into vehicles. So, that 2.5 percent of crimes 13 where there is an arrest, where there is someone to find, they are 14 now going to be able to get out without detainment. So, at the 15 same time that this Body has voted to -- to upset and cause law 16 enforcement to leave the profession, there are steps that we're 17 taken with this Act to encourage criminal activity. There is no 18 question about that. And the statistics bear that out. This does 19 not solve or fix that problem, and that is troubling. Now, this 20 is a three-hundred and eight-page bill. I'm not going to rehash 21 what's already been discussed in some areas on that. But one of 22 the bizarre parts of this bill, is it allows for a judge to decide 23 that a person who has been released pretrial on electronic 24 monitoring or GPS electric monitoring, can decide that even though 25 that person is not confined in jail, not confined in prison, and 26 not even confined in their own house, they're out doing whatever 27 they want to do that day on electronic monitoring, or that year on 28 electronic monitoring, while they're pending trial, or that two 29 years. I have a case in Sangamon County, actually, that I filed 49 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 in 2016 that still hasn't been litigated yet. So, that's six years 2 3 4 of out and about that this person could potentially do whatever they want, and they get credit for that time as being served in jail or served in prison. What do you do to the first victim who 5 6 has someone abuse them? Their perpetrator has been out for two years. The case is finally resolved, and they get credit for four years' time in the Department of Corrections for two years where they didn't even have to stay in their own home. What on earth is 7 8 9 that? I'd never, I don't think that's happening anywhere in this 10 State or excuse me, anywhere in the country. What what 11 message does that send to people? What does that send to victims? 12 The other thing, the obvious parts that have never been addressed, 13 that aren't addressed by this this latest trailer bill, and I 14 -- will say to Senator Peters and Senator Bennett, I do commend you 15 for several changes that were, without question, improvements. 16 And that doesn't go, you know, it should not go unnoticed. But 17 all the major problems that we have with the lack of law 18 enforcement started with the SAFE-T Act in the first place. So, 19 they're just trying to improve and patch up things that were caused 20 by the bill in the first place. And this bill doesn't fix all the 21 problems. So, the testimony today was that the risk assessment 22 model that is in this in the SAFE-T Act and in the trailer, is 23 unclear. Different counties are using different assessment 24 models. The problem is, in many cases, you have people that are 25 biased, either against the defendant or for a defendant. And what 26 does that cause? That causes a risk assessment that really can't 27 be used for any practical purposes. That's not been worked out. 28 This is supposed to be implemented statewide on January 1. The 29 Supreme Court task force was talked about. Here's a problem, many 50 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 of the Supreme Court's answers have been that, well, we'll get 2 kind of a resolution to this particular issue after litigation, or 3 litigation is necessary to -- to answer this question. Again, 4 this is going to be implemented January 1st. And most of the 5 burden on all of these new hearings and everything that needs to 6 happen in this, falls on the State's Attorneys. And yet, there 7 was a little provision carved out in this bill for a fund to, 8 subject to appropriation, to help out public defenders. It's the 9 State's Attorney's burden to prove all of this. Why on earth would 10 they not get additional funding for this? So, all of the issues 11 that we're concerned about, are still there. Now things have been 12 improved. I'm not going to deny that. But they're still there. 13 And we have a severe crime problem in this State. This bill goes 14 further to help protect us in some cases. But there is a long way 15 to go to protect the victims in this State. And we are doing a 16 disservice to the people of this State by not coming together to 17 fix all of the problems this time, before January 1. It's 18 unfortunate that even the witnesses today, the State's Attorney 19 today said, that there's issues for them. We can do this together. 20 We can work together to, I believe, make a bill that will protect 21 this State. Unfortunately, this bill, again, falls short. And 22 therefore, I would ask for a No vote. 23 PRESIDING OFFICER: (SENATOR KOEHLER) 24 Is there further discussion? Senator Sally Turner. 25 SENATOR S. TURNER: 26 Am I on? Oop! Thank you, Mr. Chairman. Question to the 27 sponsor. 28 PRESIDING OFFICER: (SENATOR KOEHLER) 29 Sponsor indicates he'll yield. 51 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 SENATOR S. TURNER: 2 Thank you, Senator. On page 169, at the very bottom of the 3 bill. I'll wait till you turn to it. I'm just going to read that 4 sentence and it goes over to the next page. "A defendant who 5 appears in court on the date assigned or within forty-eight hours 6 of service, whichever is later, in response to a summons issued 7 for failure to appear in court, shall not be recorded in the 8 official docket as having failed to appear on the initial missed 9 court date." So, I guess my question to you is, in the Code of 10 - in the Code of Criminal Procedure and in the Code of Civil 11 Procedure, is there anywhere else that dictates dictates that 12 the legislature dictates to a judicial branch what they can or 13 cannot put in a docket, in their own court. 14 PRESIDING OFFICER: (SENATOR KOEHLER) 15 Senator Peters. 16 SENATOR PETERS: 17 We provide guidance all the time. This bill is providing 18 guidance. So. 19 PRESIDING OFFICER: (SENATOR KOEHLER) 20 Senator Turner. 21 SENATOR S. TURNER: 22 Your reply. I would say that there's probably a big problem 23 with the separation of powers, in this -- in this language, and 24 that's all I have. Thank you. 25 PRESIDING OFFICER: (SENATOR KOEHLER) 26 Is there a further discussion? Senator Anderson. 27 SENATOR ANDERSON: 28 Thank you, Mr. President. To the bill. 29 PRESIDING OFFICER: (SENATOR KOEHLER) 52 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 To the bill. 2
3 4 So, I want to lay out a couple of things here. the public that's listening and the media that's here. Mostly the Mostly, for 5 6 7 process, or lack thereof, and the politics of this bill, in particular. Two years ago, I did a Facebook live at about 5:30 in the morning, and I laid out all the things that were bad about this bill. And we talked about the policy stuff and we talked 8 9 10 11 about the assault on law enforcement and how they would be leaving the profession and going to different states. And what we got called by the other side was, we were called fearmongers. That's 12 not true. You're fearmongering. And to the media, not all of 13 you, but a lot of you were culpable in that. I was directed by a 14 member of the media, and I wish I could say his name, but I won't, 15 told me that's not true. You're fearmongering. Your 16 17 18 19 20 21 22 23 24 25 fearmongering. Well, guess what? We're here today to address the stuff that we were accused of fearmongering about, because it's true. And I'm going to tell you, I'm going to give you a little prediction about how it's going to go from here. You pass bad policy. We point it out, you call us fearmongers Now, people are on to you and you say, oh crap, we better fix that. Senator never had any intention of ever coming back and doing anything with this bill until the public was finally on to you. And you're like, oh crap, we better fix it. I'm telling you, right now, the things that Senator Bryant, Senator McClure, Senator Rose pointed out 26 that are issues with this bill. Guess what? Tomorrow we're going 27 28 29 to be accused of fearmongering. One, two years from now, we're going to be right back here fixing that. You guys play a dirty game and we're on to you. And the public's on to you, too. And 53 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 this is just one more example of how you and your leftist policies 2 are driving a once great State into the ground. 3
PRESIDING OFFICER: (SENATOR KOEHLER) 4 Further discussion? Senator Bennett. 5
6 I don't know how to follow that, but to the bill. 7
PRESIDING OFFICER: (SENATOR KOEHLER) 8 To the bill. 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Mr. President, I have a lot of respect for my colleagues in the other side of the political aisle, but I have a hard time respecting the arguments that have been put forward here today. Some of those that have said, well, first of all, that every single one doesn't start with this amendment, but begins with a time travel back two years, about a bill that we're not voting on today. And their issues with how late they had to stay up, or how many pages they had to read or what the process was for an entirely different, different bill, and whether or not they were invited to the party. The fact is, we have a bill in front of us, that we have tried to hear from our colleagues on both sides of the aisle, from those in our -- in our communities, that said, we'd like to see these things addressed in this bill. A bill, of which, this third part of the SAFE-T Act, the pretrial fairness, did have a two-year effective push off, SO that we would have time to implement it the right way. Where were your bills? Every single time you guys say, well, we didn't get invited. Nobody invited us to this committee. You could have done the exact same thing and Senator Rose mentioned my bill. I filed a bill. Your Senators, your constituents. I don't know where Senator Curran went, your 54 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 constituents standing here, Senator Curran, in the hopes that you 2 will file bills and get their voices heard. But if you don't file 3 those bills, if you don't try to take part in that conversation 4 and then you say, I want to see a big change, and then we provide 5 a chance to vote for a change. And you say, no, it doesn't go far 6 enough. Well, what's wrong with getting -- I don't know how many 7 times Senator McClure, you said, all this does is make things 8 better. Isn't that what we want? Don't we want things to be 9 better? And if you think that moves the ball and gets society, or 10 safety, or whatever your characterization was to a better place, 11 what's stopping you from filing a trailer bill next year, from 12 adding additional things that you think are necessary for your 13 constituents? I don't understand why that seems so difficult. 14 But I would say this, it is interesting how many critics of the 15 trailer bill process have a pretty weak record of legislative 16 accomplishment in this Body. And the fact that if you don't pass 17 a bill, you don't understand how negotiation works, and you 18 certainly don't understand why a trailer bill might be necessary. 19 Because you can't get everything you want done in a -- in a sizable 20 bill, which the SAFE-T Act certainly was. But the idea of the, 21 well, this bill must not be perfect because it needs trailer bills. 22 There is no legislation that's perfect, whether it's 23 environmental, criminal law, tax policy, there's often concerns 24 that don't get addressed in the initial negotiation. And then, we 25 want to begin that process some more to invite more -- to invite 26 more voices to the table. And so those concerns are addressed as 27 well. That isn't a sign of weakness. It's a sign of strength, 28 and that our policy here in the Illinois General Assembly is to 29 keep working toward what's the line, a more perfect union. It's 55 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 not perfect now, but we can continue to work toward the concerns 2 of the public in every single policy area, including criminal law. 3 And I think this bill largely does that. So, I would ask for an 4 Aye vote. If you don't think it goes far enough, we invite you to 5 come to the table, whether the Supreme Court invited you or not. 6 But we've had our -- were the Republican Senators as part of this 7 process? No. But also, every time one, including the one that 8 ran for Governor, was asked about that, he said, we need to repeal 9 the bill entirely. I don't want to tweak it. I don't want to 10 make changes. We need to repeal it. So, to those who said, well, 11 I think we could live with the law, but we'd like to see some 12 changes in it. I would welcome those people at the table. But 13 there were State's Attorneys of both political parties, who were 14 at that table and were integral to get us to the bill that's in 15 front of us today. I'd ask for your Aye vote. But I do -- I do 16 want to ask a question of the sponsor, if I may, for the purposes 17 of legislative intent. I think the... 18 PRESIDING OFFICER: (SENATOR KOEHLER) 19 Yes -- to the -- yes. Go ahead and ask, he indicates he will 20 yield. 21 SENATOR BENNETT: 22 Thank you. Senator Bryant, mentioned constitutionality, and 23 I just for the purpose of legislative intent, for those who 24 questioned the constitutionality of the transition of a non- 25 monetary bail or pretrial release system, does the bill in front 26 of us, Senator Peters, address any of those constitutional 27 concerns? 28 PRESIDING OFFICER: (SENATOR KOEHLER) 29 Senator Peters. 56 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 SENATOR PETERS: 2 Thank you, Senator Bennett. Article 1, Section 9 of the 3 Constitution, protects the liberty interests of criminal 4 defendants and confers a right on criminal defendants to access 5 pretrial release, without requiring courts to impose monetary 6 bail. The Illinois Supreme Court has held that sufficient sureties 7 are simply the assurances necessary to ensure the defendant's 8 appearance in court. Examples of this are evidence by the Illinois 9 court -- current system of pretrial release on personal 10 recognizance, under which courts routinely release criminal 11 defendants without imposing monetary bail. The language in this 12 bill builds upon that existing -- upon the existing Act. Further 13 clarifying that pretrial release means bail in Section 9, Article 14 1 of the Constitution, where the sureties provided are non- 15 monetary. 16 PRESIDING OFFICER: (SENATOR KOEHLER) 17 Senator Bennett. 18 SENATOR BENNETT: 19 That's all I have. Thank you. 20 PRESIDING OFFICER: (SENATOR KOEHLER) 21 Since two people were mentioned in the debate, actually three 22 people. I'm going to give you brief chance to respond. Senator 23 Rose, first, Senator McClure, and then Senator Bryant. 24 SENATOR ROSE: 25 Thank you, Mr. President, and my friend from Champaign should 26 know better than to mention my name in debate -- the -- he 27 mentioned, where are our bills. That's a really good, good 28 question. Let's start with Senate Bill 2918, the Fund the Police 29 Act. I filed that twice. Never released from Assignments. Here's 57 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 one, bail release firearms offenses, Senate Bill 2920. We have 2 Senate Bill 2919. Senate Bill 2921. I can keep going and going, 3 but if we want to call two, I would start with the Fund the Police 4 Act that never got called by your party. I would also start with 5 the Ten and Life Act for violent firearms offenses. First offense, 6 minimum ten years, second offense, life. We're done dealing with 7 violent offenses. What I would not start with, was letting 8 everybody out of jail act. Now, let me say one last thing to my 9 friends who say that, oh, you never asked. Two weeks ago, Senator 10 Curran very publicly said, hey, we're here to help, fix your mess. 11 And, the Senate President, himself, said, no thanks. Mic drop! 12 End of story! 13 PRESIDING OFFICER: (SENATOR KOEHLER) 14 Senator McClure, for a brief comment. 15 SENATOR MCCLURE: 16 Thank you -- Thank you, Mr. President. I'm not exactly sure 17 how to follow that, but I'll try. Look, Senator -- as Senator 18 Rose said, we filed our own bills. And, you know, to the point 19 that the Senator just made, I pointed out some things were good in 20 this bill, but I also took a lot of time pointing out some bad 21 things in this bill. I cannot imagine anybody in this Chamber, 22 well, not everybody in this Chamber, but there are some in this 23 Chamber that might like for a person to serve their entire stint 24 in Department of Corrections, on electronic monitoring, without 25 even being confined to their home. I've never heard about that 26 happening in any state in this country. The fact that judges can 27 allow someone to get credit for time served, for custodial credit, 28 for simply being on electronic monitoring and being allowed to go 29 wherever they want while on pretrial release. I have never heard 58 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 of it. It's ridiculous. The idea that I would vote for that, 2 means I think Senator Bennett's not been paying attention to any 3 of my speeches on the Floor. That's ridiculous. So, yes, there 4 are improvements. There are some really crazy things still in 5 this bill. And guess what? The people of this State are going to 6 continue to suffer until we fix this. 7 PRESIDING OFFICER: (SENATOR KOEHLER) 8 Senator Bryant, for a brief comment. 9 SENATOR BRYANT: 10 Thank you, Mr. President. Just to two things. First, to the 11 sponsor. I'm not sure what you read just a few minutes ago because 12 there was a little bit of mumbling and I don't want you to reread 13 it, but my question about the constitutionality of the bill had to 14 do with the one-subject rule, which I don't think you addressed in 15 that. Secondly, to the previous speaker who talked about whether 16 or not we get bills passed. I just want to tell you a very brief 17 story, which is, I actually had a bill last year that was very 18 good for juvenile justice. And low and behold, I see that someone 19 else on the other side of the aisle, filed my bill, word for word. 20 So, I went to the person and said, say, could I be the chief co- 21 sponsor on that bill? And the individual said to me, this is an 22 excellent bill. I said, you're absolutely right, that's my bill. 23 Thank you, if I can get on. So, sometimes that's our experience. 24 Thank you. 25 PRESIDING OFFICER: (SENATOR KOEHLER) 26 Further discussion, Senator Cunningham. 27 SENATOR CUNNINGHAM: 28 I have a question for the sponsor, Mr... 29 PRESIDING OFFICER: (SENATOR KOEHLER) 59 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 Sponsor indicates he'll yield. 2 SENATOR CUNNINGHAM: 3 Senator Peters, this question is for the purpose of 4 establishing legislative intent. My question is there are few -- 5 there are a few changes in House Bill 1095 regarding body cameras. 6 Can you tell me a bit about those? 7 PRESIDING OFFICER: (SENATOR KOEHLER) 8 Senator Peters. 9 SENATOR PETERS: 10 Yes, there were several changes made at the request of law - 11 - law enforcement associations who were at the table. The changes 12 allow State grant funding to be used to cover data storage costs 13 and provide further clarification on when officers should be 14 recording. The intent of the Body Worn (Worn Body) Camera Act is 15 to capture law enforcement encounters with members of the public. 16 The Act supports issuing body cameras to police department 17 personnel engaged in law enforcement encounters or activities as 18 defined in the Act, and not intended to apply to administrative 19 personnel and others, not engaging in law enforcement encounters 20 or activities. 21 PRESIDING OFFICER: (SENATOR KOEHLER) 22 Further discussion? Senator Bailey. 23 SENATOR BAILEY: 24 To the bill, please. 25 PRESIDING OFFICER: (SENATOR KOEHLER) 26 To the bill. 27 SENATOR BAILEY: 28 You know, two years as a State Representative and two years 29 now as a Senator. I believe today culminates, in my opinion, the 60 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 most frustrating and disgusting embarrassing day in Illinois 2 history. It's a slap in the face to every voter. It's a slap in 3 the face to every business owner, it's a slap in the face to every 4 police officer, it's a slap in the face, even to our State's 5 Attorneys, who obviously don't have a voice here. You know, the 6 campaign trail was obviously mentioned, and we've brought that up 7 before, and -- and to my -- to my colleague, Senator Anderson's 8 comments, I believe this particular motion and movement right here, 9 will be the catalyst to true change in Illinois, until the people 10 finally figure out what's taking place here. And I've already 11 made the comment of no public exposure here in the Senate Chambers, 12 which is quite frustrating. That the public can't see and be a 13 part of what's taking place. That's a problem. And, when we 14 exclude the people from the process, we've got some rough days 15 coming ahead of us, and those days are coming. This bill needs 16 put aside and we need to truly start over again, as I have suggested 17 for a long time now, and truly bringing people together and showing 18 the people of Illinois what truly can be done and ultimately 19 showing the people of this nation. But I am ashamed. I'm glad 20 it's the last day of Session for 2022. Because what we're 21 witnessing here, is wrong. 22 PRESIDING OFFICER: (SENATOR KOEHLER) 23 Further discussion? Senator Sims. 24 SENATOR SIMS: 25 Thank you, Mr. President, and Ladies and Gentlemen of the 26 Senate. To the bill, Mr. President. 27 PRESIDING OFFICER: (SENATOR KOEHLER) 28 To the bill. 29 SENATOR SIMS: 61 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 I can only chuckle, Mr. President, because the hypocrisy in 2 this Chamber is laughable. The hypocrisy of my friends on the 3 other side of the aisle is, if you want to talk about disgusting, 4 let's talk about the way that you will not participate in the 5 process but then demean the same. Let me for a moment, Mr. 6 President, as Senator Peters, the sponsor, and let me -- let me 7 first thank Senator Peters, Senator Bennett, the advocates who 8 came to the table to fight for a better criminal legal system, one 9 that invests in communities. When -- we had a comment from one of 10 my friends on the other side of the aisle about the inability of 11 law and -- or -- or the perspective that law enforcement is being 12 driven out of the process because we don't invest in them. Where 13 were my friends on the other side of the aisle when we were passing 14 investments in law enforcement in the 2020 -- in the fiscal year 15 '23 budget, in the fiscal year '22 budget, and before. Where were 16 my friends then? Then, there is a -- there was a contention, Mr. 17 President, that there was never a plan to do the process we are 18 taking up today. It is just not true. In 2000, January of 2021, 19 the administration -- we had a member of the judiciary, who came 20 to the Body and asked for the time for the court to do its business 21 as we reimagine what our pretrial system will look like here in 22 the State of Illinois. So, as if I were with my -- my colleagues, 23 we started off with a process that would have implemented this 24 process in one year. The judiciary asked us for two. So, to 25 suggest that this would never be part of the plan, is just not 26 true. The judiciary asked for it. We partnered with them. We 27 brought them to the table. Also, there was a contention made that 28 the other side of the aisle was not involved in the process, nor 29 were they invited to the table. As the sponsors so rightly laid 62 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 out, that was a process that we engaged in, and we participated 2 in, with the judiciary. My friends on the other side of the aisle 3 were part of that process. They had a representative, just like 4 our caucus had a representative, just like our friends in the House 5 had representatives. But there were also State's Attorneys, and 6 judges, and community organizations, and the advocates who are 7 part of those discussions. And what happened was, a report that 8 allowed us to understand and have a plan for how we were going to 9 look at pretrial services in this State. And we did that. So, to 10 suggest that, is just not true. There was another contention just 11 a moment ago, again, which said that the public is not a part of 12 this process. Well, if you take a quick glance to ILGA.gov, and 13 go to audio video, you can watch our proceedings. So, I'm 14 confused. You didn't like the process then. You don't like the 15 process now. You won't like the process tomorrow. When will you 16 like the process? When will you participate? When will you come 17 to the table and say we want to be a part of the -- of the process 18 of improving our State? Then another issue, we spend a lot of 19 time doing Chicago bashing in this Chamber. You know, -- as I -- 20 I heard the Chicago bashing going on, I was thinking about, you 21 know, there is -- there is an issue that we have to address and we 22 have to focus on, which is supporting our law enforcement. And we 23 have done that. We have done our -- we have done our part. And 24 if you see, as part of this amendment, the Chicago Lodge -- 25 Fraternal Order of Police, they're not opposed. The Illinois 26 Fraternal of Police, they're not opposed. But again, we continue 27 to push this false narrative that this is an attack on law 28 enforcement. Just, today, in the Chicago Tribune, there was a 29 report that applications for the Chicago Police Department were 63 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 up. We are -- we are we -- that's because we continue to invest 2 in building stronger relationships between communities and law 3 enforcement. This was always the plan, Mr. President, to continue 4 to invest in improving our criminal legal system. You know, again, 5 on the other -- my friends on the other side of the aisle talk 6 about, we've done this, we've -- we've -- we've done trailer bill 7 after trailer bill. A quick search of ILGA.gov, shows hundreds of 8 bills amending our criminal code, which are all essentially a 9 trailer bill. It is, the hypocrisy is just too much to bear. This 10 is a good piece of legislation. And, again one of my other friends, 11 my friends on the other side of the aisle said that the process 12 works when you let it. This is the result of hours of testimony, 13 hours of negotiation, hours of work by individuals that they say 14 they support. Now, you have domestic violence survivors, domestic 15 violence advocate, crime survivor advocates saying, they support 16 this -- this -- this piece of legislation. And, they're still not 17 happy. I would urge an Aye vote on this side of the aisle. This 18 is a product of good work, is a product of us coming together to 19 do what's in the best interests of the people that we represent. 20 And I would urge an Aye vote, Mr. President, thank you. 21 PRESIDING OFFICER: (SENATOR KOEHLER) 22 Senator Peters, to close. 23 SENATOR PETERS: 24 Thank you. Before I get to some deep closing, I want to 25 clarify and correct some things here. Number one, burglary is a 26 detainable offense. You can find it on page 220, line four. 27 There's a provision included to try not to capture low level 28 versions that trip up the homeless and mentally ill. Although my 29 colleagues across the aisle want to twist my words, a lot, and the 64 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 116th Legislative Day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 words of witnesses, the State's Attorney clearly stated that she believed they have the tools to capture the right person. Number two, anyone who violates electronic monitoring is subject to sanctions up to imprisonment as decided by the court. And for clarifying purposes, this bill expands the eligibility of some nonviolent charges for detention for safety reasons, but it holds prosecutors and courts to a high standard of proof in those cases. People accused of any charge should not be detained based on the hypothetical or vague possible threat to others. They should only be detained if something about the offense they are accused of suggests that they pose a real and present threat to others. Prosecutors are required to articulate exactly what that threat is, and judges are required to find that such a threat exists before we take someone's freedom away while they are presumed innocent. In addition, to the requirement that there be a real and present threat posed to another person in cases of alleged drug possession with intent to deliver and alleged delivery of small amounts of drugs, there is an additional requirement that 19 there be a serious risk that someone will not appear in court. 20 21 22 23 24 25 26 27 28 29 That serious risk should not be simply because someone has missed court once or a few times in the past. There should be actual evidence that person is highly -- highly likely to intentionally not come to court in the future. And to really close here, I want to say some thank you's. I want to thank the Coalition to End Money Bond for over seven years of fighting for this, including having been on the Supreme Court Commission, that played a huge role in shaping this. I want to thank the State's Attorneys who helped clarify this, law enforcement folks who legitimately engaged with us, survivor orgs who worked with us night and day, 65 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 and the public who saw through the games. I want to thank the 2 working groups, and my colleagues, Elgie Sims and Scott Bennett, 3 who are okay with me playing lawyer in conversations. And lastly, 4 this wouldn't have happened without staff, particularly Ashley 5 Jenkins-Jordan, who took calls at all hours, emails at all hours, 6 who has given her all to make history happen. I'll be forever 7 grateful to her for her immense leadership and dedication during 8 this whole process. To quote Atticus Finch about this moment in, 9 "To Kill a Mockingbird", "I wanted you to see what real courage 10 is, instead of getting the idea that courage is a man with a gun 11 in his hand. It's when you know you're licked before you begin, 12 and (but) you begin anyway, and you see it through no matter what." 13 We're seeing it through no matter what. Illinois on January 1, 14 2023, will make history, civil rights history. One that all of us 15 can look back at with pride. I know I'll say that this is my 16 version of the Voting Rights Act. This is my version of Obamacare. 17 This is what I did in Springfield and changed the fortunes for 18 thousands of working-class Illinoisans. Thank you. I urge a Yes 19 vote. 20 PRESIDING OFFICER: (SENATOR KOEHLER) 21 I want to remind the Body that this takes 36 votes to pass. 22 And so, the question is, shall House Bill 1095 pass. And all those 23 in favor, vote Aye. Opposed, Nay. The voting is open. Have all 24 voted who wish? Have all voted who wish? Have all voted who wish? 25 Take the record. On that question, there are 36 -- 36 voting Yes, 26 16 voting Nay, none voting Present. House Bill 1095, having 27 received the required constitutional majority, is declared passed. 28 The Committee on Assignments will please meet in the front room, 29 the Committee on Assignments. The Senate will stand at ease, for 66 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 a few minutes. The Committee on Assignments we will meet in the 2 front room immediately. President Harmon, for what purpose do you 3 seek recognition? 4 SENATOR HARMON: 5 Thank you -- Thank you, Mr. President. If the Senate could 6 stand at ease for a moment, there was clearly a technology issue 7 that prevented Members from voting. I want to make sure that every 8 Member who wanted to vote on this bill is able to do so. So, if 9 we can just stand at ease for a moment to figure out procedurally 10 how to handle that. (at ease) 11 PRESIDING OFFICER: (SENATOR KOEHLER) 12 Mr. -- President Harmon. 13 SENATOR HARMON: 14 Thank you, Mr. President, Ladies and Gentlemen of the Senate. 15 If I could ask Members to be at their desks. Obviously, we had a 16 technical issue that prevented Members from voting on that very 17 important bill. With the indulgence of the Senate, having voted 18 on the prevailing side of the question, I would move to reconsider 19 the vote just taken so that we can proceed immediately to another 20 roll call vote, so that everyone wishing to vote on the question 21 can be heard. 22 PRESIDING OFFICER: (SENATOR KOEHLER) 23 President Harmon, moves to reconsider the vote. All those in 24 favor will say Aye. Opposed... The Ayes have it, and, the motion 25 will be reconsidered. We're going to go back to House Bills 3rd 26 Reading. President Harmon. 27 SENATOR HARMON: 28 Mr. President, thank you. If we could just stand at ease, 29 for a moment to make sure that all of the voting switches are 67 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 working. Just give us one second here. We don't want to do that 2 a second time. 3 PRESIDING OFFICER: (SENATOR KOEHLER) 4 So, we'll stand at ease. (at ease) President Harmon. 5 SENATOR HARMON: 6 Thank you, Mr. President, Ladies and Gentlemen of the Senate. 7 Again, I'd ask if all Members would be at their switches, and if 8 you could all confirm that your switches are working. I would ask 9 that the Senate then return to the last roll call. If all Members, 10 could be at their desks and make sure their switches are working. 11 PRESIDING OFFICER: (SENATOR KOEHLER) 12 We're back on House Bills 3rd Reading. We have House Bill 13 1095. The question is, shall House Bill 1095 pass. All those in 14 favor will vote Aye. Opposed, Nay. The voting is open. Have all 15 voted who wish? And we're going to make sure this time. Have all 16 voted who wish? Have all voted who wish? Is there anyone else 17 who wishes to vote? Take the question. There are 38 voting Yea, 18 17 voting Nay, none voting Present. And House Bill 1095 having 19 received the required constitutional majority, is declared passed. 20 And now the Committee on Assignments will meet in the front room. 21 We'll stand at ease while the Committee on Assignments meets. (at 22 ease) Mr. Secretary, Committee Reports. 23 SECRETARY ANDERSON: 24 Senator Lightford, Chair of the Committee on Assignments, 25 reports the following Legislative Measures have been assigned: Be 26 Approved for Consideration - Motion to Concur with House Amendment 27 2 to the Senate Bill 1595. 28 Signed, Senator Kimberly A. Lightford, Chair. 29 PRESIDING OFFICER: (SENATOR KOEHLER) 68 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 Supplemental Calendar No. 2 has been printed and distributed. 2 We will go to Supplemental Calendar No. 2. Senate Bill 1595, 3 Senator Cunningham. Mr. Secretary, please read the bill. Please 4 read the motion. 5
6 I move to concur with the House in the adoption of their 7 Amendment No. 2 to Senate Bill 1595. 8 Signed by Senator Cunningham. 9
PRESIDING OFFICER: (SENATOR KOEHLER) 10 Senator Cunningham, on your motion. 11
12 Thank you, Mr. President. I move that we concur with House 13 Amendment 1 to Senate Bill 1595. I'm sorry, it's amendment 14 Senate -- House Amendment No. 2 to Senate Bill 1595. With the 15 amendments, this bill becomes this year's omnibus TIF bill. It 16 will extend twelve different TIF's and the following 17 municipalities: Chicago, Elkhart, Robinson, Valmeyer, McHenry, and 18 Pontiac. I know of no opposition, would be happy to entertain any 19 questions. 20
PRESIDING OFFICER: (SENATOR KOEHLER) 21 Is there any discussion? The question is, shall the Senate 22 concur in Amendment No. 2 to Senate Bill 1595. All those in favor 23 will vote Aye. Opposed, Nay. The voting is open. Have all voted 24 who wish? Have all voted who wish? Everybody's computer is 25 working? Have all voted who wish? Take the record. On that 26 question, there are 52 voting Yea, none voting Nay, none voting 27 Present. And the Senate does hereby concur in Amendment No. 2 to 28 Senate Bill 1595, and the bill is declared passed. Mr. Secretary, 29 Resolutions. 69 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 SECRETARY ANDERSON: 2 Senate Resolution 1344, offered by Senator McClure and all 3 Members. 4 It is a celebration of life resolution, Mr. President. 5 PRESIDING OFFICER: (SENATOR KOEHLER) 6 Resolutions Consent Calendar. The Senate will stand at ease 7 for a few moments, waiting for Messages from the House. (at ease) 8 President Harmon, for what purpose do you seek recognition? 9 SENATOR HARMON: 10 Thank you, Mr. President, Ladies and Gentlemen of the Senate. 11 Thank you for being patient. We have been awaiting House action 12 on the Unemployment Insurance Trust Bill, the substantive bill, 13 not the appropriations bill. It's my understanding that bill has 14 just passed the House. We are waiting for it to be transmitted so 15 that we can take that up before we adjourn for the day. I 16 appreciate everyone's patience. I would just ask that everyone be 17 available, and near their desk as the paperwork arrives, so we can 18 move that quickly through the Senate. 19 PRESIDING OFFICER: (SENATOR KOEHLER) 20 Senate will come to Order. Mr. Secretary, Messages from the 21 House. 22 SECRETARY ANDERSON: 23 A Message from the House by Mr. Hollman, Clerk. 24 Mr. President - I am directed to inform the Senate that the 25 House of Representatives has concurred with the Senate in the 26 passage of a bill of the following title, to wit: 27 Senate Bill 1698. 28 Together with the following amendment which is attached, in 29 the adoption of which I am instructed to ask the concurrence of 70 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 the Senate, to wit: 2 3 House Amendments 2 and 3 to Senate Bill 1698. Passed the House, as amended, December 1st, 2022. John W. 4 Hollman, Clerk of the House. 5
PRESIDING OFFICER: (SENATOR KOEHLER) 6 7 room? Committee on Assignments. Will the Committee on Assignments please meet in the front (at ease) The Senate will come to 8 order. Mr. Secretary, Committee Reports. 9
10 11 12 13 Senator Lightford, Chair of the Committee on Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Motion to Concur with House Amendments 2 and 3 to Senate Bill 1698. 14 Signed, Senator Kimberly A. Lightford, Chair. 15
PRESIDING OFFICER: (SENATOR KOEHLER) 16 This is final action. We're going to Supplemental Calendar 17 18 No. 3. We have a motion on Senate Bill 1698. Mr. Secretary, please read the motion. 19
20 I move 21 to Amendments 2 and 3 to Senate Bill 1698. concur with the House in the adoption of their 22 Signed by Senator Holmes. 23
PRESIDING OFFICER: (SENATOR KOEHLER) 24 Senator Holmes, to explain your motion. 25 SENATOR HOLMES: 26 27 Thank you, so much. House Amendment 2 deletes all and becomes the bill. House Amendment 2 amends the Unemployment Insurance Act 28 and reflects one part of a two-part agreement. We did the second 29 part of that agreement earlier today between business, labor and 71 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 representatives of the four Caucuses. House Amendment 3 is a page 2 and line amendment that addresses some technical concerns. I can 3 read through what the original bill did, if you want, or just have 4 you ask questions if you have any. 5 PRESIDING OFFICER: (SENATOR KOEHLER) 6 Is there any discussion? Any discussion? Senator Rezin. 7 SENATOR REZIN: 8 Thank you. Thank you, Mr. President. A question for the 9 sponsor, please. 10 PRESIDING OFFICER: (SENATOR KOEHLER) 11 She indicates she'll yield. Go ahead. 12 SENATOR REZIN: 13 Without reading the bill, Leader Holmes, can you just go 14 through where we started with the Unemployment Insurance Trust 15 Fund and give us a high-level agreement between the businesses and 16 unions? 17 PRESIDING OFFICER: (SENATOR KOEHLER) 18 Senator Holmes. 19 SENATOR HOLMES: 20 Yes. Are you looking for what happened from the beginning 21 with the pandemic and the Trust Fund that was at, I believe, it 22 was 4.5 billion dollars deficit, then we shored that up with, was 23 it 2.7? And, we still had this remainder that we had to do. And 24 for the first time, because it was such an unprecedented situation 25 with the pandemic, is we ended up even having monies put into it 26 that came from the ARPA funds. 27 PRESIDING OFFICER: (SENATOR KOEHLER) 28 Senator Rezin. 29 SENATOR REZIN: 72 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 Thank you. Leader Holmes, can you also talk about what other 2 states have done, who were in the situation during the pandemic as 3 well? 4 PRESIDING OFFICER: (SENATOR KOEHLER) 5 Senator Holmes. 6 SENATOR HOLMES: 7 Yes, most of those states have used some of the federal money 8 they received. I think there were down to only two that have not. 9 PRESIDING OFFICER: (SENATOR KOEHLER) 10 Senator Rezin. 11 SENATOR REZIN: 12 Thank you. To the bill, please. 13 PRESIDING OFFICER: (SENATOR KOEHLER) 14 To the bill. 15 SENATOR REZIN: 16 Thank you. I'd like to commend the businesses and the unions 17 for working during the agreed bill process for the last year. For 18 many of the colleagues on the Floor here, usually we have 19 approximately 1 to 2 billion dollars that are -- pre-pandemic in 20 the Unemployment Insurance Trust Fund, which typically is enough 21 money to pay for benefits. What happened during the pandemic, was 22 unprecedented, not only for our State, for many other states. That 23 Fund balance went to a negative 4 1/2 billion dollars. If we the 24 State did nothing, then by nature of the way the agreed bill 25 process is set up, that the business taxes would have gone up 26 through the roof, the most in the history, and we would have to 27 severely cut unemployment benefits during a difficult time and 28 difficult -- during the pandemic. I'd like to commend the leaders, 29 many people who have been at the table negotiating this, for 73 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 recognizing and also this administration, for recognizing that 2 businesses and unions cannot do this alone and became a willing 3 partner in regards to getting the fund balance back to zero. And 4 then after that, the businesses and the unions came together and 5 made sure that what they agreed upon is not going to severely 6 impact businesses, especially small businesses, and also cut 7 benefits. I would also recognize that for the first time ever, or 8 first time that we have an agreement to put more money into the 9 Unemployment Insurance Trust Fund, 1.7 billion dollars in that 10 Fund. And it's incredibly important to have that amount of money 11 in the Fund, especially if we enter into a recession in the near 12 future. It will act as a buffer to protect businesses for -- from 13 any additional increases in the near future. So, as a result, I'd 14 like to thank all parties who sat at the table. My colleagues, as 15 well, and ask for an Aye vote. Thank you. 16 PRESIDING OFFICER: (SENATOR KOEHLER) 17 Any further discussion? Seeing none. Senator Holmes, to 18 close. 19 SENATOR HOLMES: 20 I would just ask for an Aye vote. 21 PRESIDING OFFICER: (SENATOR KOEHLER) 22 So, the question is, shall the Senate concur on House 23 Amendment -- into -- House Amendments No. 2 and 3 to Senate Bill 24 1698. All those in favor will vote Aye. Opposed, Nay. The voting 25 is open. Have all voted who wish? Have all voted who wish? Have 26 all voted who wish? Take the record. On that question, there are 27 45 voting Yea, 8 voting Nay, none voting Present. And having 28 received the required constitutional majority, the Senate does 29 concur in House Amendments No. 2 and 3 to Senate Bill 1698, and 74 116th Legislative Day STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 12/1/2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the bill is declared passed.
President Harmon. Thank you, Mr. President, Ladies and Gentlemen of the Senate. I am pleased to report we have completed our work for the fall Session. I want to commend everyone on a very successful fall Veto Session and to thank you for your patience, as we settle into a new temporary home. I think it's worked fairly well and we'll continue to work out the bugs going forward before we return. We will break now. Calendars for the spring Session have been distributed to Members desks. They include the January days for the final days of this General Assembly before the installation of the 103rd General Assembly on the 11th. So, I wish you a very happy holiday season, a happy New Year. And as we adjourn for the day, I would invite you either to get into your car and drive while the sun is shining or head over to the House, where they may soon begin debating the Pretrial Fairness Act. But I wish you all the best. Thank you for your cooperation, and we'll look forward to seeing you in January. Happy holidays, all.
PRESIDING OFFICER: (SENATOR KOEHLER) We will now proceed to the Order of the Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there have been any objections filed to any resolution on the Consent Calendar? 25
26 No objections filed, Mr. President. 27
PRESIDING OFFICER: (SENATOR KOEHLER) 28 Is there any discussion? If not, the question is, shall 29 resolutions on the Consent Calendar be adopted. All those in favor 75 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day 12/1/2022 1 will say Aye. Opposed, Nay. The Ayes have it, and the motion 2 carries and the resolution is, therefore, adopted. Mr. Secretary, 3 Resolutions. 4
5 Senate Joint Resolution 63, offered by Senator Mattson. 6
PRESIDING OFFICER: (SENATOR KOEHLER) 7 On the Order of Resolutions is Senate Joint Resolution 63. 8 Mr. Secretary, please read the resolution. 9
10 Senate Joint Resolution 63. 11 (Secretary reads SJR No. 63) 12 PRESIDING OFFICER: (SENATOR KOEHLER) 13 Senator Mattson moves to suspend the rules for the purpose of 14 immediate consideration and adoption of Senate Joint Resolution 15 63. Those in favor will say Aye. Opposed, Nay. The Ayes have 16 it, and the rule is -- are suspended. Senator Mattson moves to 17 the adoption of Joint Resolution 63. And all those in favor will 18 say Aye. Opposed, Nay. The Ayes have it. And the Resolution is 19 adopted and passed. There being no further business to come before 20 the Senate, Pursuant to Senate Joint Resolution 63, the Senate 21 stands adjourned to the call of the Senate President. The Senate 22 stands adjourned. 23 76