HB5588 97TH GENERAL ASSEMBLY

LRB097 18402 RLC 63628 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5588

Introduced 2/15/2012, by Rep. Deborah Mell

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-305

was 20 ILCS 2605/55a in part

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police must make the information contained in the Statewide Organized Criminal Gang Database (SWORD), other than officer safety information and entering agency identifier, accessible on the Internet by means of a hyperlink labeled "Statewide Organized Criminal Gang Database (SWORD) Information" on the Department's World Wide Web home page. Provides that the Department must make the information contained in the Statewide Organized Criminal Gang Database searchable via a mapping system which identifies organized criminal gang members living within 5 miles of an identified address. The Department of State Police must update that information as it deems necessary. Provides that the Department of State Police may require that a person who seeks access to the organized criminal gang members' information submit biographical information about himself or herself before permitting access to the information. Provides that the Department of State Police must promulgate rules in accordance with the Illinois Administrative Procedure Act to implement these provisions and those rules must include procedures to ensure that the information in the database is accurate.

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 2605-305 as follows:

(20 ILCS 2605/2605-305) (was 20 ILCS 2605/55a in part)

Sec. 2605-305. Statewide Organized Criminal Gang Database (SWORD).

(a) The Department may establish and maintain, within the Department, a Statewide Organized Criminal Gang Database (SWORD) for the purpose of tracking organized criminal gangs and their memberships. Information in the database may include, but not be limited to, the name, last known address, birth date, physical descriptions (such as scars, marks, or tattoos), photograph, officer safety information, organized gang affiliation, and entering agency identifier. The Department may develop, in consultation with the Criminal Justice Information Authority, and in a form and manner prescribed by the Department, an automated data exchange system to compile, to maintain, and to make this information electronically available to prosecutors, and to other law enforcement agencies, and the public. The information may be used by authorized agencies to combat the operations of organized criminal gangs statewide.

(b) The Department of State Police must make the information contained in the Statewide Organized Criminal Gang Database (SWORD), other than officer safety information and entering agency identifier, accessible on the Internet by means of a hyperlink labeled "Statewide Organized Criminal Gang Database (SWORD) Information" on the Department's World Wide Web home page. The Department must make the information contained in the Statewide Organized Criminal Gang Database searchable via a mapping system which identifies organized criminal gang members living within 5 miles of an identified address. The Department of State Police must update that information as it deems necessary. The Department of State Police may require that a person who seeks access to the organized criminal gang members' information submit biographical information about himself or herself before permitting access to the information. The Department of State Police must promulgate rules in accordance with the Illinois Administrative Procedure Act to implement this subsection (b) and those rules must include procedures to ensure that the information in the database is accurate.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)