Full Text of HB3322 103rd General Assembly
HB3322eng 103RD GENERAL ASSEMBLY |
| | HB3322 Engrossed | | LRB103 30247 RLC 56675 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 8 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 9 | | Prevention Act. | 10 | | "Gang database" means any database accessed by a law | 11 | | enforcement agency with the primary purpose to designate a | 12 | | person as an associate or alleged member of a gang, | 13 | | streetgang, or organization defined in Section 10 of the | 14 | | Illinois Streetgang Terrorism Omnibus Prevention Act, or | 15 | | includes or points to information, including, but not limited | 16 | | to, fact-based or uncorroborated information, that reflects a | 17 | | designation of that person as a gang member, not including law | 18 | | enforcement agency case reports, dispatching notes, or | 19 | | dispatch system records. | 20 | | "Gang member" has the same meaning ascribed to the term in | 21 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 22 | | Prevention Act. | 23 | | "Law enforcement agency" means an agency of this State or |
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| 1 | | unit of local government that is primarily responsible for the | 2 | | detection, investigation, or prevention of crime and the | 3 | | enforcement of the criminal laws of this State. | 4 | | "Shared gang database" means a gang database that is | 5 | | accessed by an agency or person outside of the agency that | 6 | | created the records that populate the database. | 7 | | Section 10. Requirements for use of gang databases and | 8 | | shared gang databases. Each law enforcement agency that | 9 | | maintains a gang database or has access to a shared gang | 10 | | database shall have a policy regarding those databases. Each | 11 | | policy shall be implemented on or before January, 1, 2024, | 12 | | except the requirements in paragraph (1) shall be implemented | 13 | | as soon as practicable after the effective date of this Act. | 14 | | The policy shall include, but not be limited to: | 15 | | (1) that personnel authorized to access a gang | 16 | | database or shared gang database are limited to sworn law | 17 | | enforcement personnel, non-sworn law enforcement support | 18 | | personnel, criminal justice entities, or non-criminal | 19 | | justice technical or maintenance personnel, including | 20 | | information technology and information security staff and | 21 | | contract employees, who have been subject to character or | 22 | | security clearance and who have received approved | 23 | | training; | 24 | | (2) any records contained in a gang database, shared | 25 | | gang database, gang-related information in a law |
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| 1 | | enforcement agency case report, gang-related information | 2 | | in a law enforcement agency dispatch note, or gang-related | 3 | | information in a law enforcement agency dispatch system | 4 | | record shall not be disclosed for the following purposes: | 5 | | employment, education, licensing, or housing, except that | 6 | | law enforcement and criminal justice entities may use | 7 | | information contained in a gang database or shared gang | 8 | | database for employment purposes, and records contained in | 9 | | a gang database or shared gang database may be disclosed | 10 | | to comply with federal law, for national security or | 11 | | homeland security purposes, for military screening | 12 | | purposes, or for other appropriate law enforcement | 13 | | purpose; | 14 | | (3) security procedures; and | 15 | | (4) the review and purge process from gang databases | 16 | | and shared gang databases. | 17 | | Section 105. The Code of Criminal Procedure of 1963 is | 18 | | amended by adding Section 115-10.5a as follows: | 19 | | (725 ILCS 5/115-10.5a new) | 20 | | Sec. 115-10.5a. Admissibility of evidence concerning gang | 21 | | databases. | 22 | | (a) In this Section, "gang database", "gang member", and | 23 | | "shared gang database" have the same meanings ascribed to | 24 | | those terms as in Section 5 of the Law
Enforcement Gang |
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| 1 | | Database Information Act. | 2 | | (b) In all criminal cases, evidence which indicates the | 3 | | mere presence that the person was or is on a gang database or a | 4 | | shared gang database is not admissible.
| 5 | | Section 999. Effective date. This Act takes effect upon | 6 | | becoming law. |
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