BIRKETT UNVEILS ANTI-CORRUPTION PACKAGE

SPRINGFIELD—DuPage County State’s Attorney Joe Birkett is unveiling strong anti-corruption measures as the centerpiece of his 16-bill legislative agenda. 

            Birkett, who has prosecuted public officials of both parties for corruption, said that legislative proposals would strengthen law enforcement’s ability to root out abuses of the public trust.

            “The ultimate corruption buster is a government run by ethical leaders but we can make it more difficult for corrupt officials to steal taxpayers’ dollars and abuse government,” Birkett said.

            Birkett’s three anti-corruption bills include:

• State’s attorneys’ investigative subpoenas—Provides statutory authority for State’s Attorneys to investigate criminal conduct through court ordered subpoenas for documents and testimony prior to initiation of formal charges.  Requires the Attorney General and State’s Attorney’s Association to provide training for this provision. SB 1815 & HB 2671.  Sponsors:  Senator John Millner, Representative Susana Mendoza.
• Public contractor misconduct ban—Bans persons or corporations from doing business with state or local government or holding public office if found guilty of public contractor misconduct.  Permits the Attorney General or State’s Attorney to recover triple damages from offending contractors. SB 1819 & HB 2651.  Sponsors:  Senator John Millner, Representative Dennis Reboletti. 
• Whistleblowers’ eavesdropping exception—Allows whistleblowers in limited circumstances to secretly record conversations they believe are part of ongoing public corruption or official misconduct. HB 3958.  Sponsor: Jim Sacia.

            “Considering the ever-changing environment of the criminal justice system, it is imperative that the voices of Illinois’ State’s Attorneys be heard in Springfield,” commented Tom Brown, President of the Illinois State’s Attorneys Association.  “I am proud to give State’s Attorney Birkett’s entire legislative agenda my full endorsement.”

            The following legislative initiatives round out Birkett’s 2009 Legislative Agenda.

• Unlawful Manipulation of a Judicial Sale - This proposal is designed to target unscrupulous bidders at judicial sales who conspire with each other to in any way manipulate the outcome.  In addition to criminal penalties, this proposal also provides for a private right of action by any person injured by such manipulation, allows for the recovery of treble damages, and excludes offenders from participation in any judicial sale for a period of 5 years.
• Increased Penalties for Theft Exceeding $1,000,000 - This proposal makes theft exceeding more than $1,000,000 a Class X felony and provides a sentencing range of 6-30 years in the Department of Corrections.
• Enhanced Penalties for Home Loan Fraud - This proposal strikes a special sentencing provision for home fraud and determines the available penalties based on the amount of the financial crime.  
• Officer Safety Eavesdropping Exception - This proposal expands the officer safety exception in paragraph (g) of the Illinois Eavesdropping Act to authorize eavesdropping in most weapons offenses. 
• In-Squad Camera Eavesdropping Exception - This proposal broadens the use of in-squad audio and video to include any situation where an officer is investigating any criminal offense. 
• License Suspension for Resisting a Police Officer - This new provision requires the Secretary of State to suspend the driver’s license of any person convicted of resisting or obstructing a peace officer when the offense involved that person’s operation of a motor vehicle. 
• Tougher Penalties for DUI After a Reckless Homicide Conviction - This proposal provides that a person is guilty of a Class 3 non-probationable felony if a person is convicted of DUI after previously being convicted of reckless homicide or a DUI resulting in death, great bodily harm, or permanent disfigurement of another. This violation is currently a Class 4 felony. 
• Trained Phlebotomists May Conduct DUI Blood Draws - This proposal provides that evidence of a person’s blood, urine, breath or other bodily substance concentration of prohibited substances (i.e. alcohol or drugs) is admissible when gathered by a trained phlebotomist, rather than a trained phlebotomist acting under the direction of a licensed physician in any civil or criminal action or proceeding arising out of a DUI arrest. 
• Consistent Foundation Requirements for DUI-Urine Results - This amendment puts blood and urine results on the same evidentiary footing and does not require prosecutors demonstrate that the treatment was being administered as a result of an automobile accident.
• Anti-Crime Contribution - The proposal exempts court-ordered payments to local anti-crime programs from being distributed among the state and local units of government involved and various anti-crime funds.
• Restitution for the Victims of DUI - This amendment specifically makes DUI an offense for which restitution may be ordered. 
• Children’s Center Fees - This proposal clarifies the language as to the collection and disbursements of the Children’s Center’s fees. As a result, with the exception of traffic cases with total assessments of less than $55, all proceeds from the Children’s Center fee must be used exclusively for the operation and administration of a Children’s Advocacy Center.
• Attorney Fees in Collection Cases - This provision revises the Civil Code of Procedure to direct courts to assess reasonable attorney fees as part of the costs charged to losing defendants in all suits or proceedings brought by the State or county to collect any delinquent tax, fee, charge or fine.   

            “I am very proud of the legislative proposals we will be bringing to Springfield this year,” added Birkett.  “In addition to bills aimed squarely at the public corruption plaguing our state, this legislative package also addresses: home loan fraud; DUI enforcement with proposals that seek to correct sentencing imbalances and makes DUI offenders eligible to pay restitution to their victims; and makes our police officer’s jobs safer while at the same time safeguarding the rights of suspects.  I have also proposed that fines and fees imposed by the Court for anti-crime programs and our state’s Children’s Advocacy Centers go to the intended recipient and are not distributed to other state and local units of government.”

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