HB3322 EnrolledLRB103 30247 RLC 56675 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Law
5Enforcement Gang Database Information Act.
6    Section 5. Definitions. In this Act:
7    "Gang" has the same meaning ascribed to the term in
8Section 10 of the Illinois Streetgang Terrorism Omnibus
9Prevention Act.
10    "Gang database" means any database accessed by a law
11enforcement agency with the primary purpose to designate a
12person as an associate or alleged member of a gang,
13streetgang, or organization defined in Section 10 of the
14Illinois Streetgang Terrorism Omnibus Prevention Act, or
15includes or points to information, including, but not limited
16to, fact-based or uncorroborated information, that reflects a
17designation of that person as a gang member, not including law
18enforcement agency case reports, dispatching notes, or
19dispatch system records.
20    "Gang member" has the same meaning ascribed to the term in
21Section 10 of the Illinois Streetgang Terrorism Omnibus
22Prevention Act.
23    "Law enforcement agency" means an agency of this State or



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1unit of local government that is primarily responsible for the
2detection, investigation, or prevention of crime and the
3enforcement of the criminal laws of this State.
4    "Shared gang database" means a gang database that is
5accessed by an agency or person outside of the agency that
6created the records that populate the database.
7    Section 10. Requirements for use of gang databases and
8shared gang databases. Each law enforcement agency that
9maintains a gang database or has access to a shared gang
10database shall have a policy regarding those databases. Each
11policy shall be implemented on or before January, 1, 2024,
12except the requirements in paragraph (1) shall be implemented
13as soon as practicable after the effective date of this Act.
14The 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
18amended 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
22    (a) In this Section, "gang database", "gang member", and
23"shared gang database" have the same meanings ascribed to
24those terms as in Section 5 of the Law Enforcement Gang



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1Database Information Act.
2    (b) In all criminal cases, evidence which indicates the
3mere presence that the person was or is on a gang database or a
4shared gang database is not admissible.
5    Section 999. Effective date. This Act takes effect upon
6becoming law.