Full Text of HB4318 95th General Assembly
HB4318eng 95TH GENERAL ASSEMBLY
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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 Department of State Police Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by changing Section | 6 |
| 2605-580 as follows: | 7 |
| (20 ILCS 2605/2605-580) | 8 |
| Sec. 2605-580. Pilot program; Internet Gang Crime Units. | 9 |
| (a) The Department of State Police shall establish a pilot | 10 |
| program from moneys available
under which Internet Gang Crime | 11 |
| Units shall be created in the Cook County Sheriff's Office, the | 12 |
| City of Danville Police Department, and the Village of Round | 13 |
| Lake Heights Police Department. Under the pilot program for the | 14 |
| operation of Internet Gang Crime Units, 40% shall be allocated | 15 |
| to the Cook County Sheriff's Office, 30% shall be allocated to | 16 |
| the City of Danville Police Department, and 30% shall be | 17 |
| allocated to the Lake County Metropolitan Enforcement Group | 18 |
| Village of Round Lake Heights Police Department . | 19 |
| (b) Under the pilot program, the Internet Gang Crime Units
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| shall investigate criminal activities of organized gangs that | 21 |
| involve the use of the Internet. For the duration of the pilot | 22 |
| program and in accordance with protocols for | 23 |
| inter-jurisdictional cooperation established by the Department |
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| of State Police, peace officers in each Internet Gang Crime | 2 |
| Unit shall, notwithstanding any other provision of law, have | 3 |
| extra-jurisdictional authority to conduct investigations and | 4 |
| make arrests anywhere in the State of Illinois regarding | 5 |
| criminal activities of organized gangs that involve the use of | 6 |
| the Internet. | 7 |
| (c) Notwithstanding any other provision of law, if any | 8 |
| criminal statute of this State authorizes the distribution of | 9 |
| all or a portion of the proceeds realized from property seized | 10 |
| or forfeited under that statute to participating law | 11 |
| enforcement agencies or the delivery of property forfeited and
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| seized under that statute to participating law enforcement | 13 |
| agencies, a law enforcement agency in which an Internet Gang | 14 |
| Crime Unit has been created is eligible to receive such a | 15 |
| distribution or delivery if that law enforcement agency | 16 |
| participated through its Internet Gang Crime Unit, regardless | 17 |
| of the jurisdiction in which the seizure or forfeiture occurs. | 18 |
| (d) The Cook County Sheriff's Office, the City of Danville | 19 |
| Police Department, and the Village of Round Lake Heights Police | 20 |
| Department shall report to the Department of State Police on a | 21 |
| quarterly basis on the activities of their Internet Gang Crime | 22 |
| Units in accordance with reporting guidelines established by | 23 |
| the Department of State Police. The Department of State Police | 24 |
| shall file a consolidated report on a quarterly basis with the | 25 |
| General Assembly and the Governor. The Department's
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| consolidated report may also contain any evaluations or |
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| recommendations that the Department deems appropriate. | 2 |
| (e) The pilot program shall terminate on July 1, 2011 2010 . | 3 |
| (f) As used in this Section, "organized gang" has the | 4 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang | 5 |
| Terrorism Omnibus Prevention Act.
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| (g) Notwithstanding any other rulemaking authority that | 7 |
| may exist, neither the Governor nor any agency or agency head | 8 |
| under the jurisdiction of the Governor has any authority to | 9 |
| make or promulgate rules to implement or enforce the provisions | 10 |
| of this amendatory Act of the 95th General Assembly. If, | 11 |
| however, the Governor believes that rules are necessary to | 12 |
| implement or enforce the provisions of this amendatory Act of | 13 |
| the 95th General Assembly, the Governor may suggest rules to | 14 |
| the General Assembly by filing them with the Clerk of the House | 15 |
| and the Secretary of the Senate and by requesting that the | 16 |
| General Assembly authorize such rulemaking by law, enact those | 17 |
| suggested rules into law, or take any other appropriate action | 18 |
| in the General Assembly's discretion. Nothing contained in this | 19 |
| amendatory Act of the 95th General Assembly shall be | 20 |
| interpreted to grant rulemaking authority under any other | 21 |
| Illinois statute where such authority is not otherwise | 22 |
| explicitly given. For the purposes of this subsection, "rules" | 23 |
| is given the meaning contained in Section 1-70 of the Illinois | 24 |
| Administrative Procedure Act, and "agency" and "agency head" | 25 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 26 |
| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the | 2 |
| jurisdiction of the Governor. | 3 |
| (Source: P.A. 95-423, eff. 8-24-07.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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