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December 16, 1999

Governor Calls For A Second Special Session

SPRINGFIELD -- Governor George H. Ryan today issued an official proclamation calling for a second special session of the General Assembly to commence on December 16, 1999 at 6:00p.m. to consider the reenactment of state's Safe Neighborhoods Law. A December 2nd ruling by the Illinois Supreme Court invalidated the act based on the single subject provision of the Illinois Constitution.

"I'm disappointed that after four days of negotiation and discussion, the Safe Neighborhoods Act is still in limbo. Because of the reluctance of one chamber to respond to my first call to deal with this critical issue, I have no choice but to call a new special session to break this logjam," Ryan said. "The Safe Neighborhoods Act has been the law of the land for four years and has worked well to help reduce crime. It's time to put this Act back on the books."

The Supreme Court struck down the Safe Neighborhoods Act, invalidating a package of crime provisions including laws cracking down on gunrunning and unlawful use of weapons as well as drunk-driving offenses.




WHEREAS, on January 1, 1995, Public Act 88-680 entitled " AN ACT to create a Safe Neighborhoods Law" became effective; and

WHEREAS, Public Act 88-680 contained a significant number of criminal offense penalty enhancements, new criminal offenses and juvenile delinquency provisions; and

WHEREAS, on December 2, 1999, the Illinois Supreme Court in People v. Cervantes, Docket No. 87229, ruled that Public Act 88-680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and is unconstitutional in its entirety; and

WHEREAS, in the event the Illinois Supreme Court does not grant a rehearing, the provisions of Public Act 88-680 cannot be applied to criminal and juvenile offenses until reenacted into law; and

WHEREAS, it is essential that the provisions of Public Act 88-680 be reenacted before the Illinois General Assembly returns for regular session on January 12, 2000, so that the criminal offenses and enhanced penalties can be applied to criminal acts committed between the effective date of the reenactment and the year 2000 Legislative Session;

THEREFORE, pursuant to Article IV, Section 5(b) of the Illinois Constitution of 1970, I, George H. Ryan, Governor of the State of Illinois, hereby call and convene the 91st General Assembly in Second Special Session to commence on December 16, 1999, at 6:00 p.m., to consider only the reenactment of provisions contained in Public Act 88-680 (as subsequently amended). Such reenactment may include any amendatory changes necessary to maintain the penalty on a first offense of 720 ILCS 24-1 (a)(4) and (a)(10) as a felony but which allows the court additional discretion in sentencing certain first-time offenders. Such Special Session shall be limited to the consideration of Senate Bill 224 now pending before the General Assembly.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Illinois to be affixed.


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