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HB4318 Engrossed |
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LRB095 14692 BDD 41286 b |
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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 |
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| Administrative Code of Illinois is amended by changing Section |
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| 2605-580 as follows: |
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| (20 ILCS 2605/2605-580) |
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| Sec. 2605-580. Pilot program; Internet Gang Crime Units. |
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| (a) The Department of State Police shall establish a pilot |
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| program from moneys available
under which Internet Gang Crime |
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| Units shall be created in the Cook County Sheriff's Office, the |
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| City of Danville Police Department, and the Village of Round |
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| Lake Heights Police Department. Under the pilot program for the |
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| operation of Internet Gang Crime Units, 40% shall be allocated |
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| to the Cook County Sheriff's Office, 30% shall be allocated to |
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| the City of Danville Police Department, and 30% shall be |
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| allocated to the Lake County Metropolitan Enforcement Group |
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| Village of Round Lake Heights Police Department . |
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| (b) Under the pilot program, the Internet Gang Crime Units
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| shall investigate criminal activities of organized gangs that |
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| involve the use of the Internet. For the duration of the pilot |
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| program and in accordance with protocols for |
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| inter-jurisdictional cooperation established by the Department |
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HB4318 Engrossed |
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LRB095 14692 BDD 41286 b |
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| of State Police, peace officers in each Internet Gang Crime |
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| Unit shall, notwithstanding any other provision of law, have |
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| extra-jurisdictional authority to conduct investigations and |
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| make arrests anywhere in the State of Illinois regarding |
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| criminal activities of organized gangs that involve the use of |
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| the Internet. |
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| (c) Notwithstanding any other provision of law, if any |
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| criminal statute of this State authorizes the distribution of |
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| all or a portion of the proceeds realized from property seized |
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| or forfeited under that statute to participating law |
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| enforcement agencies or the delivery of property forfeited and
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| seized under that statute to participating law enforcement |
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| agencies, a law enforcement agency in which an Internet Gang |
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| Crime Unit has been created is eligible to receive such a |
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| distribution or delivery if that law enforcement agency |
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| participated through its Internet Gang Crime Unit, regardless |
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| of the jurisdiction in which the seizure or forfeiture occurs. |
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| (d) The Cook County Sheriff's Office, the City of Danville |
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| Police Department, and the Village of Round Lake Heights Police |
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| Department shall report to the Department of State Police on a |
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| quarterly basis on the activities of their Internet Gang Crime |
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| Units in accordance with reporting guidelines established by |
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| the Department of State Police. The Department of State Police |
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| shall file a consolidated report on a quarterly basis with the |
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| General Assembly and the Governor. The Department's
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| consolidated report may also contain any evaluations or |
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LRB095 14692 BDD 41286 b |
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| recommendations that the Department deems appropriate. |
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| (e) The pilot program shall terminate on July 1, 2011 2010 . |
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| (f) As used in this Section, "organized gang" has the |
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| meaning ascribed to it in Section 10 of the Illinois Streetgang |
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| Terrorism Omnibus Prevention Act.
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| (g) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this subsection, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |