Full Text of HB4339 100th General Assembly
HB4339sam001 100TH GENERAL ASSEMBLY | Sen. Patricia Van Pelt Filed: 5/29/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4339
| 2 | | AMENDMENT NO. ______. Amend House Bill 4339 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Law
| 5 | | Enforcement Gang Database Information Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Gang" has the same meaning ascribed to the term in Section | 8 | | 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. | 9 | | "Gang database" means any database, or data maintained in | 10 | | multiple databases accessed by a law enforcement agency that | 11 | | designates a person as an associate or alleged member of a | 12 | | gang, streetgang, or organization defined in Section 10 of the | 13 | | Illinois Streetgang Terrorism Omnibus Prevention Act, or | 14 | | includes or points to information, including, but not limited | 15 | | to, fact-based or uncorroborated information, that reflects a | 16 | | designation of that person as a gang member. |
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| 1 | | "Gang member" has the same meaning ascribed to the term in | 2 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 3 | | Prevention Act. | 4 | | "Law enforcement agency" means an agency of this State or | 5 | | unit of local government who is primarily responsible for the | 6 | | detection, investigation, or prevention of crime and the | 7 | | enforcement of the criminal laws of this State. | 8 | | "Shared gang database" means a gang database that is | 9 | | accessed by an agency or person outside of the agency that | 10 | | created the records that populate the database. | 11 | | Section 10. Requirements for use of gang databases and | 12 | | shared gang databases. Each law enforcement agency who | 13 | | maintains a gang database or has access to a shared gang | 14 | | database shall have a policy regarding those databases. Each | 15 | | policy shall be implemented on or before July 1, 2019, except | 16 | | the requirements in paragraph (1) of this Section shall be | 17 | | implemented as soon as practicable after the effective date of | 18 | | this Act. The policy shall include, but not be limited to: | 19 | | (1) that personnel authorized to access a gang database or | 20 | | shared gang database are limited to sworn law enforcement | 21 | | personnel, non-sworn law enforcement support personnel, | 22 | | criminal justice entities, or non-criminal justice technical | 23 | | or maintenance personnel, including information technology and | 24 | | information security staff and contract employees, who have | 25 | | been subject to character or security clearance and who have |
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| 1 | | received approved training; | 2 | | (2) any records contained in a gang database or shared gang | 3 | | database shall not be disclosed, including, but not limited to, | 4 | | for the following purposes: employment, education, licensing, | 5 | | or housing, except that law enforcement and criminal justice | 6 | | entities may use information contained in a gang database or | 7 | | shared gang database for employment purposes, and records | 8 | | contained in a gang database or shared gang database may be | 9 | | disclosed to comply with federal law, for national security or | 10 | | homeland security purposes, for military screening purposes, | 11 | | or for other appropriate law enforcement purpose; | 12 | | (3) security procedures; and | 13 | | (4) the review and purge process from gang databases and | 14 | | shared gang databases. | 15 | | Section 105. The Code of Criminal Procedure of 1963 is | 16 | | amended by adding Section 115-10.5a as follows: | 17 | | (725 ILCS 5/115-10.5a new) | 18 | | Sec. 115-10.5a. Admissibility of evidence concerning gang | 19 | | databases. | 20 | | (a) In this Section, "gang database", "gang member", and | 21 | | "shared gang database" have the same meanings ascribed to those | 22 | | terms as in Section 5 of the Law
Enforcement Gang Database | 23 | | Information Act. | 24 | | (b) In all criminal cases, evidence which indicates the |
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| 1 | | mere presence that the person was or is on a gang database or a | 2 | | shared gang database is not admissible.
| 3 | | Section 999. Effective date. This Act takes effect upon | 4 | | becoming law.".
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