95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0709


 
Introduced 2/8/2007, by Sen. Matt Murphy
 
SYNOPSIS AS INTRODUCED:
 		
















20 ILCS 2640/10




20 ILCS 2640/15









    Amends the Statewide Organized Gang Database Act. Provides for reports of police contact with organized gang members or organized gang affiliates. Allows all State's Attorneys to access the database. Authorizes intergovernmental agreements. Requires all local law enforcement agencies to become members of the SWORD system.
















LRB095 08565 HLH 28748 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB0709

LRB095 08565 HLH 28748 b






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    AN ACT concerning State government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Statewide Organized Gang Database Act is 
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amended  by changing Sections 10 and 15 as follows:
 



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    (20 ILCS 2640/10)



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    Sec. 10. Duties of the Department. The Department may:

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    (a) provide a uniform reporting format for the entry of 
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pertinent
information regarding the report of an arrested 
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organized gang member or
organized gang affiliate and the 
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report of a police contact with an organized gang member or 
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organized gang affiliate into SWORD;

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    (b) provide the opportunity for read only access to all 
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Illinois State's Attorneys' offices;
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    (c) notify all law enforcement agencies that reports of 
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arrested
organized gang members or organized gang affiliates 
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and reports of a police contact with organized gang members or 
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organized gang affiliates shall be entered into
the database as 
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soon as the minimum level of data specified by the
Department 
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is available to the reporting agency, and that no waiting 
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period
for the entry of that data exists;

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    (d)
(c) develop and implement a policy for notifying law 
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enforcement
agencies of the emergence of new organized gangs, 
 


 






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or the change of a name or
other identifying sign by an 
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existing organized gang;

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    (e)
(d) compile and retain information regarding organized 
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gangs and their
members and affiliates, in a manner that allows 
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the information to be used
by law enforcement and other 
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agencies, deemed appropriate by the Director,
for 
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investigative purposes; the information shall include but not 
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be limited to gang member contacts with law enforcement, gang 
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contact card information, photographs of gang members' 
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tattoos, gang graffiti, gang member associate  information, and 
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vehicle information of organized gang members;


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    (f)
(e) compile and maintain a historic data repository 
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relating to
organized gangs and their members and affiliates 
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and law enforcement contacts with organized gang members and 
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their affiliates in order to develop and
improve techniques 
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utilized by law enforcement agencies and prosecutors in
the 
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investigation, apprehension, and prosecution of members and 
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affiliates
of organized gangs;

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    (g)
(f) create a quality control program regarding 
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confirmation of organized
gang membership and organized gang 
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affiliation data, and law enforcement organized gang member 
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contact information, timeliness and
accuracy of information 
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entered into SWORD, and performance audits of all
entering 
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agencies;

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    (h)
(g) locate all law enforcement agencies that could, in 
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the opinion of
the Director, benefit from access to SWORD, and 
 


 






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notify them of its
existence and their ability to participate 
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in the Statewide Organized Gang Database, SWORD; further,  the 
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Department is authorized to enter into intergovernmental 
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agreements with local law enforcement agencies to participate 
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and advance the purposes of this Act; and

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    (i)
(h) cooperate with all law enforcement agencies wishing 
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to gain access
to the SWORD system, and facilitate their entry 
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into the system and their
continued maintenance of access to 
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it.

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(Source: P.A. 87-932.)

 



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    (20 ILCS 2640/15)



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    Sec. 15. Duties of local law enforcement agencies. All 
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local
Local law
enforcement agencies shall become
who are 
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members of the SWORD system and shall
may:

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    (a) after carrying out any arrest of any individual whom 
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they believe to
be a member or affiliate of an organized gang, 
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create or update that
individual's electronic file within the 
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SWORD system; and

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    (b) after any law enforcement officer of the agency has 
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contact with any individual whom they believe to be a member or 
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affiliate of an organized gang, create or update that 
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individual's electronic file within the SWORD system; and
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    (c) notify the prosecutor of the accused of the accused 
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individual's
gang membership or gang affiliate status.

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(Source: P.A. 87-932.)