HB2769ham004 102ND GENERAL ASSEMBLY

Rep. Denyse Wang Stoneback

Filed: 1/12/2022

10200HB2769ham004 LRB102 13208 RLC 32263 a

AMENDMENT TO HOUSE BILL 2769

AMENDMENT NO. ______. Amend House Bill 2769, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Microstamping Funding Program Act.

Section 5. Legislative findings. The General Assembly finds that:

Law enforcement makes an arrest in only 35% of firearm homicides and 21% of firearm assaults when the victim was Black or Hispanic. Microstamping is a powerful crime-solving tool that can help law enforcement quickly solve gun crimes. Microstamping is a reliable ballistics identification tool, and can greatly enhance traditional ballistics analysis and the current National Integrated Ballistics Information Network (NIBIN) system by providing a direct link between a spent cartridge case and a firearm.

The leads generated from fired cartridge cases, bearing microstamps found at crime scenes, have the potential to help law enforcement solve gun-related crimes while limiting negative interactions with law enforcement, especially in minority communities. While this crime-solving technology exists, firearm manufacturers have not yet produced microstamp-ready firearms.

It behooves the State to install a program in partnership with law enforcement to bring microstamp-ready firearms into use in Illinois.

Section 10. Definitions. In this Act:

"CGIC" means the Crime Gun Intelligence Center.

"Microstamp-ready" means that the firearm is capable of producing a unique alphanumeric or geometric code on at least one location on each expended cartridge case that can be used to identify the make, model, and serial number of the firearm.

"Microstamping component or mechanism" means a component or mechanism of a firearm or an insertable component or mechanism designed and intended to produce a unique alphanumeric or geometric code on an expended cartridge that identifies the make, model, and serial number of the firearm.

"NIBIN" means the National Integrated Ballistics Information Network.

Section 15. Grants for microstamp-ready firearms or insertable microstamping components or mechanisms, or both.

(a) There is created in the State treasury the Microstamp-ready Firearms Fund to be administered by the Illinois Criminal Justice Information Authority for the purpose of issuing grants to law enforcement agencies to purchase or replenish microstamp-ready firearms or insertable microstamping components or mechanisms to be installed in firearms, or both, for their officers.

(b) Subject to appropriation, the State Comptroller shall transfer from the General Revenue Fund to the Microstamp-ready Firearms Fund $500,000 to establish a grant program for microstamp-ready firearms in Illinois. The program shall award:

(1) Replenishment grants: grants between $35,000 and $50,000, for the replenishment of new microstamp-ready firearms or insertable microstamping components or mechanisms, or both, for their law enforcement officers. One of these grants shall be for a State law enforcement agency, and the other 3 shall be for 3 municipal law enforcement agencies of municipalities with a population between 50,000 and 200,000 that purchase firearms for their officers through a quartermaster system, in which the quartermaster is responsible for the purchase, inventory, and dissemination of uniforms and equipment to officers.

(2) New officer grants: grants between $5,000 to $20,000 to law enforcement agencies of municipalities with a population between 30,000 and 200,000 to assist with the purchase of firearms by new officers.

(c) Nothing in this Act prohibits State or municipal law enforcement agencies from purchasing or replenishing microstamp-ready firearms or insertable microstamping components or mechanisms, or both, for their law enforcement officers from funding sources independent of the provisions of this Act.

Section 20. Administration and restrictions. The grant program shall be administered by the Illinois Criminal Justice Information Authority and the grant funds shall only be used for the purchase of microstamp-ready firearms or microstamping components or mechanisms, or both, to be installed in firearms by law enforcement agencies that are grant recipients.

Section 25. Education and training. Education and training associated with microstamp-ready firearms, and integration with the NIBIN and CGIC centers in Illinois shall be included in the program.

Section 30. Grant application and participation. The Illinois Criminal Justice Information Authority shall establish the objectives and provide direction for the program's grant application process, by which qualified law enforcement agencies can apply to receive funds for microstamp-ready firearms or insertable microstamping components or mechanisms, or both, for use by their officers. Law enforcement agencies participating in the grant program must have their officers using the microstamp-ready firearms or insertable microstamping components or mechanisms, or both, as soon as they are delivered. The Illinois Criminal Justice Information Authority must establish the grant program and post the Notice of Funding Opportunity no later than September 1, 2022.

All grants under this program must be awarded by June 30, 2023.

Law enforcement agencies that have been awarded funds must use the funds within one year of receipt or the funds shall be returned to the State treasury to be deposited into the General Revenue Fund. Funds are only to be used for the purchase of microstamp-ready firearms or insertable microstamping components or mechanisms to be installed in firearms.

Section 35. Data collection. The Illinois Criminal Justice Information Authority shall collect data from each grant recipient, including but not limited to: the number of microstamp-ready firearms or insertable microstamping components or mechanisms, or both, purchased, manufacturer, number of officers using the microstamp-ready firearms, and the number of microstamp-ready firearms that are discharged in the first year of use.

Section 90. The Illinois Administrative Procedure Act is amended by adding Section 5-45.21 as follows:

(5 ILCS 100/5-45.21 new)

Sec. 5-45.21. Emergency rulemaking; Illinois Criminal Justice Information Authority. To provide for the expeditious and timely implementation of the Microstamping Funding Program Act, emergency rules implementing the Microstamping Funding Program Act may be adopted in accordance with Section 5-45 by the Illinois Criminal Justice Information Authority. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 102nd General Assembly.

Section 95. The State Finance Act is amended by adding Section 5.970 as follows:

(30 ILCS 105/5.970 new)

Sec. 5.970. The Microstamp-ready Firearms Fund.

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