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HomeMy WebLinkAbout94-309 Resolution No. 94-309 RESOLUTION ENDORSING THE SAFE NEIGHBORHOODS BILL WHEREAS, the Safe Neighborhoods Bill is designed to take a practical approach to existing problems within the criminal justice system; and WHEREAS, the Safe Neighborhoods Sill takes a comprehensive approach to improving juvenile justice and the criminal justice system and addresses the problems of child abuse, gangs, alcohol and drug abuse; and WHEREAS, the Safe Neighborhoods Bill includes laws that make it easier for landlords to evict gang members from their buildings, increase punishment for the sale of guns to convicted felons, provide stiffer penalties for drug dealers, child abusers and domestic abuse. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby endorses and supports the comprehensive approach to dealing with the criminal justice system as set forth in the Safe Neighborhoods Bill . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 16, 1994 Adopted: November 16 , 1994 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk . . rE .. .,,, • �n . „ i..,,,,,:_.,,q.,., Agenda Item No . r ro -- 1 ) , ,', ,o _ IN :b • November 11, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Policy Resolution Endorsing the Safe Neighborhoods Bill PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with a proposed policy resolution in support of the "Safe Neighborhoods Bill" currently before the Illinois legislature (H.B. 2653) . BACKGROUND The Safe Neighborhoods Bill is a combination of proposed modifications to existing legislation in numerous areas to assist cities in the fight for safer neighborhoods . The bill concentrates in six main areas : 1) Juvenile Justice, 2) Child Abuse, 3) Gangs, 4 ) Alcohol Abuse, 5) Drug Abuse and 6) Fire- arms. Materials highlighting this bill and a memorandum are also attached. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED This is legislation currently pending. FINANCIAL IMPACT None. LEGAL IMPACT None. r . . . Safe Neighborhoods Bill November 11, 1994 Page 2 RECOMMENDATION The staff recommends that this bill receive the support of the City Council . Resp ctfully submitted, Charles A. Gruber Chief of Police • latC--1 Richard B. Helwig City Manager JB r r r November 8, 1994 .� MEMORANDUM TO: Mayor VanDeVoorde FROM: Chief Gruber 0 SUBJECT: Safe Neighborhoods B 1 In reviewing the Safe Neighborhoods Bill referred to in the letter from Mayor Daley, I find this legislative package to be targeted to what we are trying to accomplish and appears to be comprehensive and an important crime fighting bill. I believe that we ought to work hard to ensure the passage of this bill no matter who is sponsoring it. This legislative package puts more teeth in our response to the serious crime problems that we face, including tougher penalties for shooting at police officers. It strengthens sanctions in many other areas that are critical to the safety and quality of life of the citizens we serve -- areas such as juvenile justice, domestic abuse, gangs, guns, and drug and alcohol abuse. For your information, I have enclosed a summary of the major provisions of this comprehensive package. Please see if we can could get support from Council and ask them to contact our legislators regarding this important legislation. mf c: Mr. Helwig •r • SUMMARY OF THE SAFE NEIGHBORHOODS BILL (H.B. 2653) • JUVENILE JUSTICE 'Local Community Councils will be created to adjudicate younger offenders charged with minor offenses.This will permit more time devoted to each youngster,and allow the community to confront its own problems and impose its own sanctions. 'Older,incorrigible offenders will be handled by the Juvenile Courts. 'Juveniles charged with Class X Felonies,"drive-by shootings",drug offenses while armed with a firearm and other felonies related to gang activity,will be transferred to adult court. 'Prosecutors will be allowed to request an additional 70 days of detention in order to prepare the prosecution of minors accused of homicide or serious bodily injury. 'Minors committing gang-related and firearm-related offenses will be required to perform at least 100 hours of community service for misdemeanors and 200 hours for felonies. 'Minors guilty of Class X, 1,or 2 felonies will be required to serve specific lengths of probation. CHILD ABUSE 'Abusive parents who unintentionally kill their children will face up to 14 years incarceration instead of the current 5 years (PP maximum. E 'When an abused chili is returned to the abusing parent,the child and his/her siblings will be given at least 3 exams in we year by a pediatrician. If the abuser is also addicted to narcotics,periodic drug testing for 18 months will be mandatory. 'Stiffer penalties will be imposed for kidnapping a child than for kidnapping an adult. 'If the juvenile victim of an aggravated robbery, aggravated vehicular hijacking,aggravated stalking,or drive-by shooting des,the guitty party would be eligible for the death penalty. GANGS *Courts may impose up to 3 times the regular maximum sentence for offenses involving gang motivation and up to 4 • times the maximum if the offender is a gang leader. 'Landlords may request the assistance of the State's Attorney in order to evict persons committing gang-related offenses on the owners property. 'State's Attorneys may utilize immunity for gang-related forcible felonies. 'State's Attorneys may petition the court for wiretaps involving gang-related 1st degree murders,Class X felonies,delivery of firearms,and gang-related felonies. 'Crimes including kidnapping, exploitation of a child,aggravated assaultibattery,intimidation,criminal sexual assault or abuse,or compelling organization membership when committed within 1,000 ft. of a school will be elevated to an aggravated status. 'Persons convicted of a firearms or gang-related offense will serve at least 100 hours of community service for misdemeanors and 200 hours for felonies(the penalty may be lowered to 60/120 hours if the person is a full-time employee or student). ALCOHOL ABUSE 'Parents may sue persons illegally providing their children alcohol for up to$2,000 in damages. 'Parents are subjected to cvil liability if they knowingly permit their home,car,or boat to be used forunderage alcohol consumption. 'Drunk drivers who inflict great bodily harm may be sentenced up to 12 years incarceration instead of the current 3-year maximum. 'Persons convicted of DUI while their license is suspended or revoked for DUI will be required to serve at least 30 consecutive,or 40 periodic days in jail,or 720 hours of community service. DRUG ABUSE 'Judges may sentence leaders of drug-related felonies involving 5 or more persons up to 4 times the maximum sentence. 'Persons placed on'expungable"probation must serve at least two years probation and submit to drug testing at least 3 times during the course of probation and perform 100 hours of community service. 'The State may bring lawsuits against person(s)who permit non-forfeitable assets or property to be used for drug activity. 'Current loopholes in the asset forfeiture statutes will be dosed. FiREA9& 'Increases the minimum sentence from 10 years to 15 years for the shooting of a police officer. r 'Major Penalties(2 to 60 years depending on the number and type of weapons)will be imposed on persons who illegally furnish guns to people whom they know(or have reason to believe)are not eligible to possess them. 'Enhanced penalties for persons illegally possessing stolen weapons,or weapons with altered/defaced serial numbers 'Counterfeiting,forging,or altering FOID cards becomes a felony. 'Loss/theft of a FOID card,firearm or record of firearm sale must be reported to the Illinois State Police. 'Deliivery of handguns to persons under 21 and the possession of handguns by a person under 21 is a Class 4 Felony. 'Penalties for possessing/delivery/use of a firearm within 1,000 feet of a school,park,courthouse,or public housing are increased. 'Penalties for convicted felons possessing a firearm are increased. 'Persons who negligently leave their firearms available may be civilly liable for injuries inflicted by that weapon and criminally liable if a child who has access to the firearm uses that firearm. 'Ammunition such as"fiechette shells,dragon's breath shotgun shells, and bolo shells" (anti-personnel shells)are outlawed, as well as devices which convert a semi-auto to fully auto. 'Persons using automatic weapons for the commission of a felony face up to 60 years incarceration. • 'Persons charged with forcible felonies,stalking,domestic violence,delivery of a controlled substance,or felony firearms offenses must surrender their weapons as a condition of bail,persons violating this provision will be charged with a felony. 'Confiscated firearms will be either used by the law enforcement agency or destroyed. 'The jurisdiction of MEGs and the State-wide Grand Jury will be expanded to include the investigation of felonious firearm transfers.