HB3183 101ST GENERAL ASSEMBLY

LRB101 09943 SLF 55045 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3183

Introduced , by Rep. Aaron M. Ortiz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Law Enforcement Gang Database Task Force Act. Creates the Law Enforcement Gang Database Task Force to study the use, operation, and oversight of gang databases and shared gang databases in the State. Provides for membership of the Task Force. Provides that the Task Force shall appoint a chairperson from among the members appointed. Provides that members of the Task Force shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Task Force shall submit a written report of its findings and recommendations to the General Assembly and the Governor on or before June 1, 2021. Provides that the Task Force is dissolved on July 1, 2022 and the Act repealed on that date. Effective immediately.

A BILL FOR

AN ACT concerning gang databases.

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

Section 1. Short title. This Act may be cited as the Law Enforcement Gang Database Task Force Act.

Section 5. Definitions. In this Act:

"Gang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of 3 or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity.

"Gang database" means a database accessed by a law enforcement agency that designates a person as a gang member or associate, or includes or points to information, including, but not limited to, fact-based or uncorroborated information that reflects a designation of that person as a gang member or associate, not including a database that designates a person as a gang member or associate using only criminal offender information or a database assessed solely by a correctional facility for classification or operational decisions of the administration of the facility.

"Shared gang database" means a gang database that is accessed by an agency or person outside of the agency that created the records that populate the database.

Section 10. Gang Database Technical Advisory Task.

(a) The Gang Database Technical Advisory Task Force is created to study the use, operation, and oversight of gang databases and shared gang databases in this State.

(b) The Task Force shall consist of the following members:

(1) the Director of State Police, or his or her designee;

(2) the Attorney General, or his or her designee;

(3) the Executive Director of the Illinois Criminal Justice Information Authority, or his or her designee;

(4) 2 members of the Senate, appointed by the President of the Senate;

(5) 2 members of the Senate, appointed by the Minority Leader of the Senate;

(6) 2 members of the House of Representatives, appointed by the Speaker of the House of Representatives;

(7) 2 members of the House of Representatives, appointed by the Minority Leader of the House of Representatives;

(8) a member from a statewide organization that specializes in civil or human rights, appointed by the President of the Senate; and

(9) a member from a statewide organization that specializes in gang violence intervention, appointed by the Speaker of the House of Representatives.

(c) The Task Force shall appoint a chairperson from among the members appointed. Members of the Task Force shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The Task Force shall meet as it deems appropriate. The members shall serve for the duration of the Task Force.

(d) The Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force.

(e) The Task Force shall submit a written report of its findings and recommendations to the General Assembly and the Governor on or before June 1, 2021. The Task Force is dissolved on July 1, 2022.

Section 15. Repeal. This Act is repealed July 1, 2022.

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