HB3716 96TH GENERAL ASSEMBLY

LRB096 11365 RLJ 21824 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3716

Introduced 2/25/2009, by Rep. Ed Sullivan, Jr.

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-580

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. In a Section concerning the creation and operation of a Cyber Gang Unit (instead of Internet Gang Crime Units), allocates moneys to the Lake County Metropolitan Enforcement Group (instead of to the Cook County Sheriff's Office, the City of Danville Police Department, and the Village of Round Lake Heights Police Department). Provides that the Cyber Gang Unit Pilot Program terminates on July 1, 2012 (instead of 2010). Imposes conditions on any rulemaking authority. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-580 as follows:

(20 ILCS 2605/2605-580)

Sec. 2605-580. Pilot program; Cyber Gang Unit Internet Gang Crime Units.

(a) The Department of State Police shall establish a pilot program from all moneys available under which a Cyber Gang Unit Internet Gang Crime Units shall be created in the Lake County Metropolitan Enforcement Group. Cook County Sheriff's Office, the City of Danville Police Department, and the Village of Round Lake Heights Police Department. Under the pilot program for the operation of Internet Gang Crime Units, 40% shall be allocated to the Cook County Sheriff's Office, 30% shall be allocated to the City of Danville Police Department, and 30% shall be allocated to the Village of Round Lake Heights Police Department.

(b) Under the pilot program, the Cyber Gang Unit Internet Gang Crime Units shall investigate criminal activities of organized gangs that involve the use of the Internet. For the duration of the pilot program and in accordance with protocols for inter-jurisdictional cooperation established by the Department of State Police, peace officers in the Cyber Gang each Internet Gang Crime Unit shall, notwithstanding any other provision of law, have extra-jurisdictional authority to conduct investigations and make arrests anywhere in the State of Illinois regarding criminal activities of organized gangs that involve the use of the Internet.

(c) Notwithstanding any other provision of law, if any criminal statute of this State authorizes the distribution of all or a portion of the proceeds realized from property seized or forfeited under that statute to participating law enforcement agencies or the delivery of property forfeited and seized under that statute to participating law enforcement agencies, a law enforcement agency in which a Cyber Gang an Internet Gang Crime Unit has been created is eligible to receive such a distribution or delivery if that law enforcement agency participated through its Internet Gang Crime Unit, regardless of the jurisdiction in which the seizure or forfeiture occurs.

(d) The Lake County Metropolitan Enforcement Group Cook County Sheriff's Office, the City of Danville Police Department, and the Village of Round Lake Heights Police Department shall report to the Department of State Police on a quarterly basis on the activities of the Cyber Gang Unit their Internet Gang Crime Units in accordance with reporting guidelines established by the Department of State Police. The Department of State Police shall file a consolidated report on a quarterly basis with the General Assembly and the Governor. The Department's consolidated report may also contain any evaluations or recommendations that the Department deems appropriate.

(e) The pilot program shall terminate on July 1, 2012 2010.

(f) As used in this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(g) Rulemaking authority to implement this amendatory Act of the 96th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 95-423, eff. 8-24-07.)

Section 99. Effective date. This Act takes effect upon becoming law.