`REPORT OF THE COMMITTEE ON LEGISLATION, INTERGOVERNMENTAL
& VETERANS
RELATIONS
Recessed and
Reconvened on
The Honorable,
The Board of Commissioners of
ATTENDANCE
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Present: |
Chairman Suffredin, Vice Chairman Silvestri, Commissioners
Gorman and Peraica (4) |
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Absent: |
Commissioners Beavers, |
Court Reporter: Anthony
W. Lisanti, C.S.R.
Ladies and
Gentlemen:
Your Committee
on Legislation, Intergovernmental & Veterans Relations of the Board of
Commissioners of Cook County met for a public hearing pursuant to notice on
It was determined that a quorum was not present, however,
public testimony was received and discussion was held.
Chairman Suffredin asked the Secretary to the Board to call
upon the registered public speakers, in accordance with Cook County Code, Sec.
2-108(dd):
1. Honorable Brad Stephens – Supervisor,
2. Honorable Daniel Pritchett – Mayor of
3. Gail Smith – Executive Director,
4. Rachel Durchslag
– Executive Director,
5. Lynne Johnson –
6. Maribeth
Swanson – Salvation Army Family and Community Services.
7. Jody Raphael –
8. Honorable Tom Dart –
9. Wanda Guerra – IT
10. Samir Goswami – Director of Policy, Justice Project Against Sexual Harm. Written statement also distributed.
11. Kenneth Burnett – Chief Program Office, Footpriints.
12. Daria Mueller –
Senior Policy Analyst,
13. William A. Perry – Concerned Citizen.
14. Raymond Bernero –
Code Administrator,
15. Janet Halawith –
Concerned Citizen.
16. Thomas Wolfe – Franklin Park Police
Department.
Written Testimony Only
Sister
Rose Mary Meyer, BVM – Project Irene
Chairman
Suffredin recessed the meeting to the Call of the Chair.
ATTENDANCE
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Present: |
Chairman Suffredin, Vice Chairman Silvestri, Commissioners
Collins, Daley, Gorman, Maldonado, Murphy, Peraica, Quigley and Schneider (10) |
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Absent: |
Commissioners Beavers, |
Also Present: Zelda Whitler, Undersheriff; Sara Hines,
Your Committee
on Legislation, Intergovernmental & Veterans Relations of the Board of
Commissioners of Cook County reconvened on
Your Committee
has considered the following items and upon adoption of this report, the
recommendations are as follows:
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297145 |
AN ORDINANCE TO ESTABLISH A WOMEN’S JUSTICE SERVICES FUND
(PROPOSED ORDINANCE). Submitting a
Proposed Ordinance sponsored by Larry Suffredin and Peter N. Silvestri, PROPOSED ORDINANCE ORDINANCE TO ESTABLISH A WOMEN’S JUSTICE SERVICES FUND BE IT ORDAINED, by the Cook County Board of
Commissioners, that Chapter 46 Law Enforcement, Section 46-5 of the Cook
County Code is hereby enacted as follows: Sec. 46-5. Women’s Justice Services Fund. The Comptroller shall create a
special fund to be known as the “Women’s Justice Services Fund” which shall
be subject to budget and appropriation for purposes related to operation of
the rehabilitation programs provided by the Sheriff’s Office Department of
Women’s Justice Services, including mental health and substance abuse
treatment services. Fines collected
for violations under Sec. 58-167 of the Code, Public Morals Nuisance
Violations, shall be accounted for and turned over not less than monthly to
the Cook County Treasurer for deposit into such Fund. Effective Date: This Ordinance shall be effective upon adoption. *Referred to the Committee
on Legislative, Intergovernmental & Veterans Relations on |
Commissioner Murphy asked leave to be added as a Sponsor to Communication
Number 297145.
Commissioner
Silvestri, seconded by Commissioner Peraica, moved the approval of
Communication Number 297415. The motion
carried unanimously.
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297146 |
PUBLIC
MORALS NUISANCE VIOLATIONS ORDINANCE (PROPOSED
ORDINANCE). Submitting a Proposed
Ordinance sponsored by Larry Suffredin and Peter N. Silvestri, PROPOSED ORDINANCE PUBLIC MORALS NUISANCE VIOLATIONS BE IT ORDAINED, by the Cook County Board of
Commissioners, that Chapter 58 Offenses and Miscellaneous Provisions, Section
58-167 of the Cook County Code is hereby enacted as follows: ARTICLE IV. OFFENSES INVOLVING
PUBLIC MORALS Sec. 58-167. Public Morals Nuisance Violations. (a)
Short Title-Purpose. (b)
Definitions. (c) Street solicitation for
prostitution.
(d) Solicitation by Internet,
electronic communication device or print media. (e) Public
Morals Nuisance Violations-Penalties. (f) Administrative Adjudication.
(g) Administrative
hearings.
(h) Compliance
bond. (i) Hearing
procedures not exclusive. (j) Women’s Justice
Services Fund. Effective date: This
Ordinance shall be effective upon adoption. *Referred to the
Committee on Legislation, Intergovernmental & Veterans Relations on |
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AMENDMENT TO PROPOSED
ORDINANCE (COMMUNICATION NUMBER 297146)
Submitting
a Proposed Amendment to an
Ordinance sponsored by
LARRY
SUFFREDIN and PETER N. SILVESTRI,
PROPOSED ORDINANCE
PUBLIC MORALS NUISANCE
VIOLATIONS
NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of
Commissioners, that Chapter 58 Offenses and Miscellaneous Provisions, Section
58-167 of the Cook County Code is hereby enacted as follows:
Sec. 58-167. Public Morals Nuisance
Violations.
(a) Short Title-Purpose. This section shall be known and
may be cited as the Public Morals Nuisance Violation Ordinance. The intent of this ordinance is to abate the
demand for prostitution by increasing fines for those individuals patronizing
persons in prostitution. The language of this ordinance should
not be interpreted to apply to the actions of individuals who attempt to
exchange sexual services provided by them for money or things of value.
(b) Definitions. The
following words, terms, and phrases, when used in this section, shall have the
same meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning.
Prostitution. Any
person who performs, offers or agrees to perform any act of sexual penetration
as defined in this subsection for any money, property, token, object, or
article or anything of value, or any touching or fondling of the sex organs of
one person by another person, for any money, property, token, object, or article
or anything of value, for the purpose of sexual arousal or gratification
commits an act of prostitution.
Soliciting of a Prostitute. Any person who performs any of the following
acts commits the violation of soliciting for a prostitute:
(1)
Solicits another for the purpose of prostitution; or
(2)
Arranges
to meet a prostitute,
or offers to arrange a meeting with a prostitute.
(3)
Directs
another to a place knowing such direction is for the purpose of prostitution.
Pandering. Any person who
performs any of the following acts for any money, property, token, object, or
article or anything of value commits pandering:
(1) Compels
a person to become a prostitute; or
(2) Arranges or offers to arrange a situation
in which a person may practice prostitution.
Pimping means any person who receives any
money, property, token, object, or article or anything of value from a
prostitute, not for lawful consideration, knowing it was earned in whole or in
part from the practice of prostitution, commits pimping.
Sexual Penetration means any contact, however slight,
between the sex organ or anus of one person by an object, the sex organ, mouth
or anus of another person, or any intrusion, however slight, of any part of the
body of one person or of any animal or object into the sex organ or anus of
another person, including but not limited to cunnilingus, fellatio or anal
penetration. Evidence of emission of
semen is not required to prove sexual penetration.
Public place
means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway,
parking lot or transportation facility or the doorways and entrance ways to any
building which fronts on any of the aforesaid places, or a motor vehicle in or
on any such place, or any other public way, within
(1) Any person who remains or wanders about in a public
place and repeatedly beckons to, or repeatedly attempts to engage, passersby in
conversation, or repeatedly interferes with the free passage of other persons,
for the purpose of soliciting for a prostitute, shall be guilty of a violation
of this subsection.
(2) Any person who remains or wanders about in a public
place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passersby in conversation, or repeatedly
stops or attempts to stop motor vehicles, or repeatedly interferes with the
free passage of other persons, for the purpose of pandering shall be guilty of
a violation of this subsection.
(3) Any person who responds to the beckoning of a prostitute
in a public place by inquiring about, negotiating for, accepting an offer of
prostitution, or by allowing another into his or her motor vehicle for purposes
of inquiring about, negotiating for, accepting an offer of prostitution, shall
be guilty of a violation of this subsection.
The Sheriff shall make available to local newspapers, radio and
television stations the names of all persons charged with violating this
subsection.
(4) Any person who engages in pimping as defined in this section, shall be guilty of a violation of this subsection.
(d) Solicitation
by Internet, electronic communication device or print media.
Any
person who utilizes a computer, phone, any electronic communication device or
print media (including but not limited to answering ads and messages on
commercial adult-themed websites or answering ads in all forms of print media)
in the commission of any of the violations set forth in subsection (c) shall be
guilty of a violation of this subsection.
(e) Public
Morals Nuisance Violations-Penalties.
(1) Any person who violates any provision of subsections (c)
and (d) of this Section shall be civilly liable for a public morals nuisance
violation and shall be fined not less than $500.00 and not more than
$1,000.00. In addition to payment of
fines imposed under this subsection, a violator may be required to perform a
minimum of 100 hours of community service in a program under the direction of
the Sheriff.
(2) Any violations of subsection (c) and (d) by a county
licensee, including but not limited to liquor and roadhouse licensees, may be
cause for suspension or revocation of such license.
(3) Any motor vehicle that is used in violation of
subsection (c) and (d) shall be subject to seizure and impoundment pursuant to
Section 58-164.
(4) Fines collected under this subsection shall be deposited
in the Women’s Justice Services Fund established by County Ordinance and shall
be used to fund rehabilitation services, including mental health and substance
abuse treatment services, provided by and through the Sheriff’s Office
Department of Women’s Justice Services.
(f) Administrative
Adjudication. Any person issued a notice of violation by the Sheriff for
violation of any provision of this Section may request an administrative
hearing.
(i) Before any
administrative adjudication proceeding may be conducted, the parties shall be
afforded notice in compliance with this section.
(ii)
Unless
otherwise provided by law or rule, the issuer of a notice of violation or
notice of hearing shall specify on the notice his or her name and department;
where known, the name and address of the person or entity charged with the
violation; the date, time and place of the violation; and the section of the
code or departmental rule or regulation which was allegedly violated; and shall
certify the correctness of the specified information by signing his or her name
to the notice. A notice of hearing shall
also include the date, time and location of the hearing and the penalties for
failure to appear at the hearing.
(iii) The County shall notify the violator,
within ten days, by certified mail return receipt requested, that an
administrative adjudication hearing will be conducted. The hearing shall be scheduled and held,
unless continued by order of the administrative law officer, no later than 30
days after the date of the violation.
(1) Any administrative adjudication proceeding
conducted by the County shall afford the parties an opportunity for a hearing
before an administrative law officer.
(2) An attorney who appears on behalf of any person
shall file with the administrative law officer a written appearance on a form
provided for such purpose.
(3) While the case for the County will not be presented by
the administrative law officer; documentary evidence, however, including the
notice of violation, which has been prepared by the Sheriff, may be presented
at the hearing by the administrative law officer.
(4) The administrative law officer may grant continuances
only upon a finding of good cause.
(5) All testimony shall be given under oath or affirmation.
(6) The administrative law officer may permit witnesses to
submit their testimony by affidavit.
(7) The formal and technical rules of evidence shall not
apply in the conduct of the hearing. Evidence, including hearsay, may be
admitted only if it is of a type commonly relied upon by reasonably prudent
persons in the conduct of their affairs.
(8) No violation may be established except upon proof by a preponderance
of the evidence; provided, however, that a violation notice, or a copy thereof,
shall be prima facie evidence of the correctness of the facts specified
therein.
(9) Upon the timely request of any party to the proceeding,
any person, who the administrative law officer determines may reasonably be
expected to provide testimony which is material and which does not constitute a
needless presentation of cumulative evidence, shall be made available for
cross-examination prior to a final determination of liability.
(10) The record of all hearings before an administrative law
officer shall include: (i) a record of the testimony
presented at the hearing, which may be made by tape recording or other
appropriate means; (ii) all documents presented at the hearing; (iii) a copy of
the notice of violation or notice of hearing; and (iv) a copy of the findings
and decision of the administrative law officer.
(11) Upon conclusion of a hearing, the administrative law
officer shall issue a final determination of liability or no liability. Upon issuing a final determination of
liability the administrative law officer may: (i)
impose penalties and/or fines that are consistent with this Section or other
applicable provisions of the County Code; (ii) issue orders that are consistent
with applicable provisions of the County Code; and/or (iii) assess costs
reasonably related to instituting the administrative adjudication proceeding;
provided, however, that in no event shall the administrative law officer have
the authority to impose a penalty of imprisonment or, except in cases to
enforce the collection of any tax imposed and collected by the county, where
this limitation shall not apply, impose a fine in excess of $5,000.00 exclusive
of costs of enforcement or costs imposed to secure compliance with this Code.
(12) In the issuance of a final
determination of liability, an administrative law officer shall inform the
violator of his or her right to seek judicial review of the final
determination.
(h) Compliance bond. In order to ensure that code violations
are remedied or fines are paid in a timely manner, an administrative law
officer, upon issuing a final determination of liability, may require a code
violator to post with the County a compliance bond. Bonds shall be approved by the
(i) Hearing procedures not exclusive. The use of the administrative adjudication
procedure for public morals nuisance
violations shall not preclude the county from using other methods to enforce
the provisions of section 58-167.
(j) Women’s
Justice Services Fund.
As set forth in County Ordinance, fines collected for
violations of this Section shall be accounted for and turned over not less than
monthly to the Cook County Treasurer.
The Treasurer shall create and deposit all such fees in a special fund,
the “ Women’s Justice Services Fund” which shall be subject to budget and
appropriation for purposes related to operation of the rehabilitation programs
provided by the Department of Women’s Justice Services and for female juveniles in the Juvenile Temporary Detention Center.
Effective date: This Ordinance shall be effective
upon adoption.
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Commissioner Murphy asked leave to be added as a Sponsor to Communication
Number 297146.
Commissioner Collins stated that there needs to be a justice
program for girls at the
Ms. Sara Hines,
Ms. Zelda Whitler, Undersheriff, delivered the Sheriff’s Office’s concurrence
with the proposed amendments to the Ordinance.
Vice Chairman
Silvestri, seconded by Commissioner Peraica, moved the approval of the
Amendments to Communication Number 297416. The motion carried unanimously.
Vice Chairman Silvestri,
seconded by Commissioner Peraica, moved the approval of Communication Number
297416 as amended. The motion carried unanimously.
Vice Chairman
Silvestri, seconded by Commissioner Peraica, moved to adjourn the meeting. The motion carried and the meeting was
adjourned.
YOUR COMMITTEE
RECOMMENDS THE FOLLOWING ACTIONS
WITH REGARD TO THE
MATTERS NAMED HEREIN:
Communication
Number 297145 Approved
Communication Number
297146 Approved as
Amended
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Respectfully submitted, Committee on Legislation, Intergovernmental and Veterans
Relations xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Larry Suffredin, Chairman |
Attest:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Matthew B. DeLeon, Secretary
*The transcript for the
**The audio recording for this meeting is available from the
Office of the Secretary to the Board,