Full Text of HB4623 102nd General Assembly
HB4623ham001 102ND GENERAL ASSEMBLY | Rep. Denyse Wang Stoneback Filed: 2/15/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4623
| 2 | | AMENDMENT NO. ______. Amend House Bill 4623 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Expansion and Support of NIBIN
and Other Ballistic Technology | 6 | | Partnerships Funding Program Act. | 7 | | Section 3. Purposes; intent. | 8 | | (a) The General Assembly finds that: | 9 | | (1) The reduction of firearms-related crime is an
| 10 | | urgent necessity in the State of Illinois. | 11 | | (2) The Bureau of Alcohol, Tobacco, Firearms and
| 12 | | Explosives (ATF) has created the National Integrated | 13 | | Ballistic
Information Network (NIBIN) program as a | 14 | | partnership with
state and local law enforcement agencies. | 15 | | (3) Use of ballistic imaging and comparison equipment
| 16 | | allows state and local police agencies and forensic
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| 1 | | laboratories to conduct an initial comparison of thousands | 2 | | of
pieces of crime firearm evidence in seconds, and this
| 3 | | capability alerts firearms examiners to potential links
| 4 | | between crimes not otherwise known to be related. | 5 | | (4) NIBIN is a vital component in the investigation
| 6 | | and reduction of firearm crimes, and has resulted in the
| 7 | | apprehension of armed violent criminals, the interruption | 8 | | of
interstate illegal firearm trafficking networks, and | 9 | | the
successful prosecutions of offenders. | 10 | | (5) The NIBIN program enables agencies to pool their
| 11 | | evidence and to work together more effectively against
| 12 | | criminals operating in multiple jurisdictions. | 13 | | (6) NIBIN partner agencies not able to make maximum
| 14 | | use of the program have given lack of available funding as | 15 | | a
reason. | 16 | | (7) Public Act 102-237 requires any law enforcement
| 17 | | agency to submit the evidence for NIBIN processing | 18 | | whenever it
recovers any fired cartridge case at a crime | 19 | | scene or has
reason to believe that the recovered fired | 20 | | cartridge case is
related to or associated with the | 21 | | commission of a crime or the
unlawful discharge of a | 22 | | firearm, and whenever a law
enforcement agency seizes or | 23 | | recovers a crime firearm deemed
suitable to be entered | 24 | | into the NIBIN and upon receipt at the
laboratory with | 25 | | NIBIN access, the evidence and test fires
shall be entered | 26 | | into the NIBIN system within 2 business days,
or as soon as |
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| 1 | | practicable. | 2 | | (8) The enactment of this Act will increase the
number | 3 | | of NIBIN entries that are made by law enforcement, and
the | 4 | | urgency with which entries must be made. | 5 | | (9) Maximum benefits of the NIBIN program can be
| 6 | | achieved through the timely and consistent processing of | 7 | | crime
firearm test fires and ballistic evidence by the law
| 8 | | enforcement agencies, and the sharing of NIBIN equipment,
| 9 | | facilities, and intelligence can help bring about this | 10 | | result. | 11 | | (10) Other ballistic technologies can feed into the | 12 | | national database and may be less
expensive and more | 13 | | cost-effective for law enforcement agencies to adopt. | 14 | | (11)
Traditional ballistic analysis has limitations, | 15 | | and advancements in forensic ballistics
are needed to | 16 | | allow law enforcement to more accurately and quickly | 17 | | identify and trace crime
guns. | 18 | | (b) It is the intent of the General Assembly to
create a | 19 | | grant program to bring support to existing NIBIN
centers, | 20 | | expand the NIBIN program, explore the best and most | 21 | | cost-effective ballistic technologies,
expand use of forensic | 22 | | ballistic technologies in general, improve upon current | 23 | | ballistic
technology, and encourage sharing of crime gun | 24 | | intelligence and ballistic information
among law enforcement | 25 | | agencies in Illinois. |
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| 1 | | Section 5. Definitions. In this Act: | 2 | | "Crime firearm" means any firearm used in crime or | 3 | | suspected to
have been used in a crime, including any firearm: | 4 | | (1) unlawfully possessed; | 5 | | (2) used for
any unlawful purpose; | 6 | | (3) recovered from the scene of a crime; | 7 | | (4) reasonably believed to
have been used or | 8 | | associated with the commission of a crime; or | 9 | | (5) acquired by a law
enforcement agency as an | 10 | | abandoned or discarded firearm. | 11 | | "Law enforcement agency" means an agency of this State or | 12 | | unit of local government which is vested by law or ordinance | 13 | | with the duty to maintain public order and to enforce criminal | 14 | | laws or ordinances or with managing custody of detained | 15 | | persons. | 16 | | "NIBIN" means the National Integrated
Ballistics | 17 | | Information Network. | 18 | | "Sharing partner agency" means any State or local law
| 19 | | enforcement agency that engages in partnerships with at least | 20 | | 5 other State or local law enforcement agencies, or both, to | 21 | | offer and make available its NIBIN or other ballistic | 22 | | facilities or equipment, or both, for
processing of crime | 23 | | firearm test fires and ballistic evidence. | 24 | | Section 10. Grants for sharing partner agencies.
Subject | 25 | | to appropriation, the State Comptroller shall direct and the |
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| 1 | | State Treasurer shall transfer $5,000,000 from the General | 2 | | Revenue Fund to the Illinois Criminal Justice Information | 3 | | Authority to establish a grant program for
sharing partner | 4 | | agencies in Illinois. The Illinois Criminal Justice | 5 | | Information Authority shall award: | 6 | | (1) support grants between $50,000 to $150,000, for the | 7 | | support of existing NIBIN
or other ballistic facilities, or | 8 | | crime gun intelligence centers, that are shared with at least | 9 | | 5 other law enforcement agencies. These grants may be
used for | 10 | | contract operator support, equipment for safe test firing of | 11 | | crime firearms, ammunition for
test firing, maintenance fees, | 12 | | any warranty which may cover system upgrades, maintenance,
and | 13 | | repairs; and | 14 | | (2) expansion grants between $100,000 to $500,000 to law | 15 | | enforcement agencies to
assist them with the establishment of | 16 | | NIBIN or other ballistic technology centers that can be shared | 17 | | among law enforcement
agencies. These grants may be used for | 18 | | costs associated with: | 19 | | (A) the relocation or transfer of equipment, or both, | 20 | | to a space where NIBIN facilities can be
shared among | 21 | | multiple law enforcement agencies; | 22 | | (B) the construction or renovation, or both, of a | 23 | | building to house NIBIN or other ballistic technology | 24 | | equipment to be shared
among multiple law enforcement | 25 | | agencies; or | 26 | | (C) the establishment of ballistic technology centers |
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| 1 | | to analyze and study advancements in
ballistic imaging | 2 | | technology to be used as an additional resource for law | 3 | | enforcement that will
directly support, reinforce, and | 4 | | enhance traditional ballistics analysis and tracing | 5 | | efforts,
including, but not limited to, equipment or | 6 | | machinery and the hiring of forensic experts,
consultants, | 7 | | or personnel, or both consultants and personnel, to assist | 8 | | with the establishment of the center and the study and
| 9 | | analysis of advancement in forensic ballistic technology. | 10 | | Section 15. Administration and restrictions. The grant | 11 | | program shall be administered by the
Illinois Criminal Justice | 12 | | Information Authority and the grant funds shall only be used | 13 | | for the purposes
provided for in this Act. | 14 | | Section 20. Education and training. Education and training | 15 | | associated with NIBIN and other ballistic technology centers | 16 | | in
Illinois shall be included in the program. | 17 | | Section 25. Grant application and participation. The | 18 | | Illinois Criminal Justice Information Authority shall | 19 | | establish the objectives and
provide direction for the | 20 | | program's grant application process, by which qualified law
| 21 | | enforcement agencies may apply to receive funds.
Law | 22 | | enforcement agencies participating in the grant program must | 23 | | make their NIBIN or other ballistic technology facilities
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| 1 | | available to at least 5 other law enforcement agencies at no | 2 | | cost for a minimum of 40 hours
per week.
All grants under this | 3 | | program must be awarded on or before June 30, 2023.
Law | 4 | | enforcement agencies that have been awarded grant funds under | 5 | | the program must use the funds within 2 years after
receipt. If | 6 | | the law enforcement agency does not use the grant funds within | 7 | | that period, the law enforcement agency must return any | 8 | | unspent grant funds to the State treasury. | 9 | | Section 30. Data collection. The grant recipients shall | 10 | | collect data and furnish it to the Illinois
Criminal Justice | 11 | | Information Authority, which shall prepare an annual report to | 12 | | the General Assembly regarding the use
and impact of the grant | 13 | | program, including, but not limited to: | 14 | | (1) the number of grant recipients; | 15 | | (2)
NIBIN entries of ballistic evidence and test fires at | 16 | | each grant recipient NIBIN center; | 17 | | (3) NIBIN
leads generated by each grant recipient's NIBIN | 18 | | center; | 19 | | (4) the number of agencies that
have submitted evidence to | 20 | | the NIBIN grant recipient's center; and | 21 | | (5) each type of ballistic technology used, the leads | 22 | | generated, the impact of the specific
ballistic technology, | 23 | | and its potential for development and expansion. | 24 | | Data collection must be
comprehensive and follow the | 25 | | guidelines and best practices provided by the federal Bureau |
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| 1 | | of Alcohol, Tobacco, Firearms and Explosives (ATF) and the | 2 | | National
Crime Firearm Intelligence Governing Board.
| 3 | | Section 35. Repealer. This Act is repealed January 1, | 4 | | 2024. | 5 | | Section 90. The Illinois Criminal Justice Information Act | 6 | | is amended by changing Section 7 as follows:
| 7 | | (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
| 8 | | Sec. 7. Powers and duties. The Authority shall have the | 9 | | following
powers, duties, and responsibilities:
| 10 | | (a) To develop and operate comprehensive information | 11 | | systems for the
improvement and coordination of all | 12 | | aspects of law enforcement, prosecution,
and corrections;
| 13 | | (b) To define, develop, evaluate, and correlate State | 14 | | and local programs
and projects associated with the | 15 | | improvement of law enforcement and the
administration of | 16 | | criminal justice;
| 17 | | (c) To act as a central repository and clearing house | 18 | | for federal, state,
and local research studies, plans, | 19 | | projects, proposals, and other information
relating to all | 20 | | aspects of criminal justice system improvement and to | 21 | | encourage
educational programs for citizen support of | 22 | | State and local efforts to make
such improvements;
| 23 | | (d) To undertake research studies to aid in |
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| 1 | | accomplishing its purposes;
| 2 | | (e) To monitor the operation of existing criminal | 3 | | justice information
systems in order to protect the | 4 | | constitutional rights and privacy of
individuals about | 5 | | whom criminal history record information has been | 6 | | collected;
| 7 | | (f) To provide an effective administrative forum for | 8 | | the protection of
the rights of individuals concerning | 9 | | criminal history record information;
| 10 | | (g) To issue regulations, guidelines, and procedures | 11 | | which ensure the privacy
and security of criminal history | 12 | | record information
consistent with State and federal laws;
| 13 | | (h) To act as the sole administrative appeal body in | 14 | | the State of
Illinois to conduct hearings and make final | 15 | | determinations concerning
individual challenges to the | 16 | | completeness and accuracy of criminal
history record | 17 | | information;
| 18 | | (i) To act as the sole, official, criminal justice | 19 | | body in the State of
Illinois to conduct annual and | 20 | | periodic audits of the procedures, policies,
and practices | 21 | | of the State central repositories for criminal history
| 22 | | record information to verify compliance with federal and | 23 | | state laws and
regulations governing such information;
| 24 | | (j) To advise the Authority's Statistical Analysis | 25 | | Center;
| 26 | | (k) To apply for, receive, establish priorities for, |
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| 1 | | allocate, disburse,
and spend grants of funds that are | 2 | | made available by and received on or
after January 1, 1983 | 3 | | from private sources or from the United States pursuant
to | 4 | | the federal Crime Control Act of 1973, as amended, and | 5 | | similar federal
legislation, and to enter into agreements | 6 | | with the United States government
to further the purposes | 7 | | of this Act, or as may be required as a condition
of | 8 | | obtaining federal funds;
| 9 | | (l) To receive, expend, and account for such funds of | 10 | | the State of Illinois
as may be made available to further | 11 | | the purposes of this Act;
| 12 | | (m) To enter into contracts and to cooperate with | 13 | | units of general local
government or combinations of such | 14 | | units, State agencies, and criminal justice
system | 15 | | agencies of other states for the purpose of carrying out | 16 | | the duties
of the Authority imposed by this Act or by the | 17 | | federal Crime Control Act
of 1973, as amended;
| 18 | | (n) To enter into contracts and cooperate with units | 19 | | of general local
government outside of Illinois, other | 20 | | states' agencies, and private
organizations outside of | 21 | | Illinois to provide computer software or design
that has | 22 | | been developed for the Illinois criminal justice system, | 23 | | or to
participate in the cooperative development or design | 24 | | of new software or
systems to be used by the Illinois | 25 | | criminal justice system;
| 26 | | (o) To establish general policies concerning criminal |
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| 1 | | justice information
systems and to promulgate such rules, | 2 | | regulations, and procedures as are
necessary to the | 3 | | operation of the Authority and to the uniform | 4 | | consideration
of appeals and audits;
| 5 | | (p) To advise and to make recommendations to the | 6 | | Governor and the General
Assembly on policies relating to | 7 | | criminal justice information systems;
| 8 | | (q) To direct all other agencies under the | 9 | | jurisdiction of the Governor
to provide whatever | 10 | | assistance and information the Authority may lawfully
| 11 | | require to carry out its functions;
| 12 | | (r) To exercise any other powers that are reasonable | 13 | | and necessary to
fulfill the responsibilities of the | 14 | | Authority under this Act and to comply
with the | 15 | | requirements of applicable federal law or regulation;
| 16 | | (s) To exercise the rights, powers, and duties which | 17 | | have been vested
in the Authority by the Illinois Uniform | 18 | | Conviction Information Act;
| 19 | | (t) (Blank);
| 20 | | (u) To exercise the rights, powers, and duties vested | 21 | | in the Authority by the Illinois Public Safety Agency | 22 | | Network Act; | 23 | | (v) To provide technical assistance in the form of | 24 | | training to local governmental entities within Illinois | 25 | | requesting such assistance for the purposes of procuring | 26 | | grants for gang intervention and gang prevention programs |
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| 1 | | or other criminal justice programs from the United States | 2 | | Department of Justice; | 3 | | (w) To conduct strategic planning and provide | 4 | | technical assistance to implement comprehensive trauma | 5 | | recovery services for violent crime victims in underserved | 6 | | communities with high levels of violent crime, with the | 7 | | goal of providing a safe, community-based, culturally | 8 | | competent environment in which to access services | 9 | | necessary to facilitate recovery from the effects of | 10 | | chronic and repeat exposure to trauma. Services may | 11 | | include, but are not limited to, behavioral health | 12 | | treatment, financial recovery, family support and | 13 | | relocation assistance, and support in navigating the legal | 14 | | system; and | 15 | | (x) To coordinate statewide violence prevention | 16 | | efforts and assist in the implementation of trauma | 17 | | recovery centers and analyze trauma recovery services. The | 18 | | Authority shall develop, publish, and facilitate the | 19 | | implementation of a 4-year statewide violence prevention | 20 | | plan, which shall incorporate public health, public | 21 | | safety, victim services, and trauma recovery centers and | 22 | | services ; and . | 23 | | (y) To administer the Expansion and Support of NIBIN
| 24 | | and Other Ballistic Technology Partnerships Funding | 25 | | Program Act. | 26 | | The requirement for reporting to the General Assembly |
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| 1 | | shall be satisfied
by filing copies of the report as required | 2 | | by Section 3.1 of the General Assembly Organization Act, and
| 3 | | filing such additional copies with the State Government Report | 4 | | Distribution
Center for the General Assembly as is required | 5 | | under paragraph (t) of
Section 7 of the State Library Act.
| 6 | | (Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18; | 7 | | 100-575, eff. 1-8-18; 100-621, eff. 7-20-18; 100-1148, eff. | 8 | | 12-10-18.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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