Full Text of HB4623 102nd General Assembly
HB4623 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4623 Introduced 1/21/2022, by Rep. Denyse Wang Stoneback SYNOPSIS AS INTRODUCED: |
| New Act | |
20 ILCS 3930/7 | from Ch. 38, par. 210-7 |
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Creates the Expansion and Support of NIBIN
Partnerships Funding Program Act. Provides that subject to appropriation, the State Comptroller shall direct and the State Treasurer shall transfer from the General Revenue Fund $5,000,000 to the Illinois Criminal Justice Information Authority to establish a grant program for
sharing partner agencies in Illinois. Provides that the Authority shall award: (1) support grants between $50,000 to $150,000, for the support of existing NIBIN
facilities that are shared with at least 5 other law enforcement agencies. Provides that these grants may be
used for contract operator support, equipment for safe test firing of crime firearms, ammunition for
test firing, maintenance fees, any warranty which may cover system upgrades, maintenance,
and repairs; and (2) expansion grants between $100,000 to $500,000 to law enforcement agencies to
assist them with the establishment of NIBIN centers that can be shared among law enforcement
agencies. Provides that the grant program shall be administered by the Illinois Criminal Justice Information Authority. Provides that education and training associated with NIBIN centers in
Illinois shall be included in the program. Provides that all grants under this program must be awarded on or before June 30, 2023.
Provides that law enforcement agencies that have been awarded grant funds must use the funds within 2 years after
receipt. Provides that if any unspent funds remain, the law enforcement agency must return the funds to the State treasury. Amends the Illinois Criminal Justice Information Act to make conforming changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning law enforcement.
| 2 | | WHEREAS, The reduction of firearms-related crime is an | 3 | | urgent necessity in the State of Illinois;
and | 4 | | WHEREAS, The Bureau of Alcohol, Tobacco, Firearms and | 5 | | Explosives (ATF) has created the
National Integrated Ballistic | 6 | | Information Network (NIBIN) program as a partnership with | 7 | | state
and local law enforcement agencies; and
| 8 | | WHEREAS, Use of ballistic imaging and comparison equipment | 9 | | allows state and local police
agencies and forensic | 10 | | laboratories to conduct an initial comparison of thousands of | 11 | | pieces of
crime firearm evidence in seconds, and this | 12 | | capability alerts firearms examiners to potential links
| 13 | | between crimes not otherwise known to be related; and | 14 | | WHEREAS, NIBIN is a vital component in the investigation | 15 | | and reduction of firearm crimes, and
has resulted in the | 16 | | apprehension of armed violent criminals, the interruption of | 17 | | interstate illegal
firearm trafficking networks, and the | 18 | | successful prosecutions of offenders; and | 19 | | WHEREAS, The NIBIN program enables agencies to pool their | 20 | | evidence and to work together
more effectively against | 21 | | criminals operating in multiple jurisdictions; and
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| 1 | | WHEREAS, NIBIN partner agencies not able to make maximum | 2 | | use of the program have given
lack of available funding as a | 3 | | reason; and | 4 | | WHEREAS, Public Act 102-237 requires any law enforcement | 5 | | agency to submit the evidence for
NIBIN processing whenever it | 6 | | recovers any fired cartridge case at a crime scene or has | 7 | | reason
to believe that the recovered fired cartridge case is | 8 | | related to or associated with the commission
of a crime or the | 9 | | unlawful discharge of a firearm, and whenever a law | 10 | | enforcement agency
seizes or recovers a crime firearm deemed | 11 | | suitable to be entered into the NIBIN and upon receipt at
the | 12 | | laboratory with NIBIN access, the evidence and test fires | 13 | | shall be entered into the NIBIN
system within 2 business days, | 14 | | or as soon as practicable; and | 15 | | WHEREAS, The enactment of this Act will increase
the | 16 | | number of NIBIN entries that are made by law enforcement, and | 17 | | the urgency with which
entries must be made; and | 18 | | WHEREAS, Maximum benefits of the NIBIN program can be | 19 | | achieved through the timely and
consistent processing of crime | 20 | | firearm test fires and ballistic evidence by the law | 21 | | enforcement
agencies, and the sharing of NIBIN equipment, | 22 | | facilities, and intelligence can help bring about
this result; | 23 | | and |
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| 1 | | WHEREAS, It is the intent of the General Assembly to | 2 | | create a grant program to bring support to existing NIBIN
| 3 | | centers, expand the NIBIN program, and encourage sharing of | 4 | | NIBIN information among law enforcement
agencies in Illinois; | 5 | | therefore
| 6 | | Be it enacted by the People of the State of Illinois,
| 7 | | represented in the General Assembly:
| 8 | | Section 1. Short title. This Act may be cited as the | 9 | | Expansion and Support of NIBIN
Partnerships Funding Program | 10 | | Act. | 11 | | Section 5. Definitions. In this Act: | 12 | | "Crime firearm" means any firearm used in crime or | 13 | | suspected to
have been used in a crime, including any firearm: | 14 | | (1) unlawfully possessed; | 15 | | (2) used for
any unlawful purpose; | 16 | | (3) recovered from the scene of a crime; | 17 | | (4) reasonably believed to
have been used or | 18 | | associated with the commission of a crime; or | 19 | | (5) acquired by a law
enforcement agency as an | 20 | | abandoned or discarded firearm. | 21 | | "Law enforcement agency"means an agency of this State or | 22 | | unit of local government which is vested by law or ordinance |
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| 1 | | with the duty to maintain public order and to enforce criminal | 2 | | laws or ordinances or with managing custody of detained | 3 | | persons. | 4 | | "NIBIN" means the National Integrated
Ballistics | 5 | | Information Network. | 6 | | "Sharing partner agency" means any State or local law
| 7 | | enforcement agency that engages in partnerships with at least | 8 | | 5 other State or local law enforcement agencies, or both, to | 9 | | offer and make available its NIBIN facilities or equipment, or | 10 | | both, for
processing of crime firearm test fires and ballistic | 11 | | evidence to be entered into NIBIN. | 12 | | Section 10. Grants for sharing partner agencies.
Subject | 13 | | to appropriation, the State Comptroller shall direct and the | 14 | | State Treasurer shall transfer $5,000,000 from the General | 15 | | Revenue Fund to the Illinois Criminal Justice Information | 16 | | Authority to establish a grant program for
sharing partner | 17 | | agencies in Illinois. The Illinois Criminal Justice | 18 | | Information Authority shall award: | 19 | | (1) support grants between $50,000 to $150,000, for the | 20 | | support of existing NIBIN
facilities that are shared with at | 21 | | least 5 other law enforcement agencies. These grants may be
| 22 | | used for contract operator support, equipment for safe test | 23 | | firing of crime firearms, ammunition for
test firing, | 24 | | maintenance fees, any warranty which may cover system | 25 | | upgrades, maintenance,
and repairs; and |
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| 1 | | (2) expansion grants between $100,000 to $500,000 to law | 2 | | enforcement agencies to
assist them with the establishment of | 3 | | NIBIN centers that can be shared among law enforcement
| 4 | | agencies. These grants may be used for costs associated with: | 5 | | (A) the relocation or transfer of equipment, or both, | 6 | | to a space where NIBIN facilities can be
shared among | 7 | | multiple law enforcement agencies; or | 8 | | (B) the construction or renovation, or both, of a | 9 | | building to house NIBIN equipment to be shared
among | 10 | | multiple law enforcement agencies. | 11 | | Section 15. Administration and restrictions. The grant | 12 | | program shall be administered by the
Illinois Criminal Justice | 13 | | Information Authority and the grant funds shall only be used | 14 | | for the purposes
provided for in this Act. | 15 | | Section 20. Education and training. Education and training | 16 | | associated with NIBIN centers in
Illinois shall be included in | 17 | | the program. | 18 | | Section 25. Grant application and participation. The | 19 | | Illinois Criminal Justice Information Authority shall | 20 | | establish the objectives and
provide direction for the | 21 | | program's grant application process, by which qualified law
| 22 | | enforcement agencies may apply to receive funds.
Law | 23 | | enforcement agencies participating in the grant program must |
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| 1 | | make their NIBIN facilities
available to at least 5 other law | 2 | | enforcement agencies at no cost for a minimum of 40 hours
per | 3 | | week.
All grants under this program must be awarded on or | 4 | | before June 30, 2023.
Law enforcement agencies that have been | 5 | | awarded grant funds under the program must use the funds | 6 | | within 2 years after
receipt. If the law enforcement agency | 7 | | does not use the grant funds within that period, the law | 8 | | enforcement agency must return any unspent grant funds to the | 9 | | State treasury. | 10 | | Section 30. Data collection. The grant recipients shall | 11 | | collect data and furnish it to the Illinois
Criminal Justice | 12 | | Information Authority, which shall prepare an annual report to | 13 | | the General Assembly regarding the use
and impact of the grant | 14 | | program, including, but not limited to: | 15 | | (1) the number of grant recipients; | 16 | | (2)
NIBIN entries of ballistic evidence and test fires at | 17 | | each grant recipient NIBIN center; | 18 | | (3) NIBIN
leads generated by each grant recipient's NIBIN | 19 | | center; and | 20 | | (4) the number of agencies that
have submitted evidence to | 21 | | the NIBIN grant recipient's center. | 22 | | Data collection must be
comprehensive and follow the | 23 | | guidelines and best practices provided by the federal Bureau | 24 | | of Alcohol, Tobacco, Firearms and Explosives (ATF) and the | 25 | | National
Crime Firearm Intelligence Governing Board.
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| 1 | | Section 35. Repealer. This Act is repealed December 31, | 2 | | 2023. | 3 | | Section 90. The Illinois Criminal Justice Information Act | 4 | | is amended by changing Section 7 as follows:
| 5 | | (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
| 6 | | Sec. 7. Powers and duties. The Authority shall have the | 7 | | following
powers, duties, and responsibilities:
| 8 | | (a) To develop and operate comprehensive information | 9 | | systems for the
improvement and coordination of all | 10 | | aspects of law enforcement, prosecution,
and corrections;
| 11 | | (b) To define, develop, evaluate, and correlate State | 12 | | and local programs
and projects associated with the | 13 | | improvement of law enforcement and the
administration of | 14 | | criminal justice;
| 15 | | (c) To act as a central repository and clearing house | 16 | | for federal, state,
and local research studies, plans, | 17 | | projects, proposals, and other information
relating to all | 18 | | aspects of criminal justice system improvement and to | 19 | | encourage
educational programs for citizen support of | 20 | | State and local efforts to make
such improvements;
| 21 | | (d) To undertake research studies to aid in | 22 | | accomplishing its purposes;
| 23 | | (e) To monitor the operation of existing criminal |
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| 1 | | justice information
systems in order to protect the | 2 | | constitutional rights and privacy of
individuals about | 3 | | whom criminal history record information has been | 4 | | collected;
| 5 | | (f) To provide an effective administrative forum for | 6 | | the protection of
the rights of individuals concerning | 7 | | criminal history record information;
| 8 | | (g) To issue regulations, guidelines, and procedures | 9 | | which ensure the privacy
and security of criminal history | 10 | | record information
consistent with State and federal laws;
| 11 | | (h) To act as the sole administrative appeal body in | 12 | | the State of
Illinois to conduct hearings and make final | 13 | | determinations concerning
individual challenges to the | 14 | | completeness and accuracy of criminal
history record | 15 | | information;
| 16 | | (i) To act as the sole, official, criminal justice | 17 | | body in the State of
Illinois to conduct annual and | 18 | | periodic audits of the procedures, policies,
and practices | 19 | | of the State central repositories for criminal history
| 20 | | record information to verify compliance with federal and | 21 | | state laws and
regulations governing such information;
| 22 | | (j) To advise the Authority's Statistical Analysis | 23 | | Center;
| 24 | | (k) To apply for, receive, establish priorities for, | 25 | | allocate, disburse,
and spend grants of funds that are | 26 | | made available by and received on or
after January 1, 1983 |
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| 1 | | from private sources or from the United States pursuant
to | 2 | | the federal Crime Control Act of 1973, as amended, and | 3 | | similar federal
legislation, and to enter into agreements | 4 | | with the United States government
to further the purposes | 5 | | of this Act, or as may be required as a condition
of | 6 | | obtaining federal funds;
| 7 | | (l) To receive, expend, and account for such funds of | 8 | | the State of Illinois
as may be made available to further | 9 | | the purposes of this Act;
| 10 | | (m) To enter into contracts and to cooperate with | 11 | | units of general local
government or combinations of such | 12 | | units, State agencies, and criminal justice
system | 13 | | agencies of other states for the purpose of carrying out | 14 | | the duties
of the Authority imposed by this Act or by the | 15 | | federal Crime Control Act
of 1973, as amended;
| 16 | | (n) To enter into contracts and cooperate with units | 17 | | of general local
government outside of Illinois, other | 18 | | states' agencies, and private
organizations outside of | 19 | | Illinois to provide computer software or design
that has | 20 | | been developed for the Illinois criminal justice system, | 21 | | or to
participate in the cooperative development or design | 22 | | of new software or
systems to be used by the Illinois | 23 | | criminal justice system;
| 24 | | (o) To establish general policies concerning criminal | 25 | | justice information
systems and to promulgate such rules, | 26 | | regulations, and procedures as are
necessary to the |
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| 1 | | operation of the Authority and to the uniform | 2 | | consideration
of appeals and audits;
| 3 | | (p) To advise and to make recommendations to the | 4 | | Governor and the General
Assembly on policies relating to | 5 | | criminal justice information systems;
| 6 | | (q) To direct all other agencies under the | 7 | | jurisdiction of the Governor
to provide whatever | 8 | | assistance and information the Authority may lawfully
| 9 | | require to carry out its functions;
| 10 | | (r) To exercise any other powers that are reasonable | 11 | | and necessary to
fulfill the responsibilities of the | 12 | | Authority under this Act and to comply
with the | 13 | | requirements of applicable federal law or regulation;
| 14 | | (s) To exercise the rights, powers, and duties which | 15 | | have been vested
in the Authority by the Illinois Uniform | 16 | | Conviction Information Act;
| 17 | | (t) (Blank);
| 18 | | (u) To exercise the rights, powers, and duties vested | 19 | | in the Authority by the Illinois Public Safety Agency | 20 | | Network Act; | 21 | | (v) To provide technical assistance in the form of | 22 | | training to local governmental entities within Illinois | 23 | | requesting such assistance for the purposes of procuring | 24 | | grants for gang intervention and gang prevention programs | 25 | | or other criminal justice programs from the United States | 26 | | Department of Justice; |
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| 1 | | (w) To conduct strategic planning and provide | 2 | | technical assistance to implement comprehensive trauma | 3 | | recovery services for violent crime victims in underserved | 4 | | communities with high levels of violent crime, with the | 5 | | goal of providing a safe, community-based, culturally | 6 | | competent environment in which to access services | 7 | | necessary to facilitate recovery from the effects of | 8 | | chronic and repeat exposure to trauma. Services may | 9 | | include, but are not limited to, behavioral health | 10 | | treatment, financial recovery, family support and | 11 | | relocation assistance, and support in navigating the legal | 12 | | system; and | 13 | | (x) To coordinate statewide violence prevention | 14 | | efforts and assist in the implementation of trauma | 15 | | recovery centers and analyze trauma recovery services. The | 16 | | Authority shall develop, publish, and facilitate the | 17 | | implementation of a 4-year statewide violence prevention | 18 | | plan, which shall incorporate public health, public | 19 | | safety, victim services, and trauma recovery centers and | 20 | | services ; and . | 21 | | (y) To administer the Expansion and Support of NIBIN
| 22 | | Partnerships Funding Program Act. | 23 | | The requirement for reporting to the General Assembly | 24 | | shall be satisfied
by filing copies of the report as required | 25 | | by Section 3.1 of the General Assembly Organization Act, and
| 26 | | filing such additional copies with the State Government Report |
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| 1 | | Distribution
Center for the General Assembly as is required | 2 | | under paragraph (t) of
Section 7 of the State Library Act.
| 3 | | (Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18; | 4 | | 100-575, eff. 1-8-18; 100-621, eff. 7-20-18; 100-1148, eff. | 5 | | 12-10-18.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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