State of Illinois
90th General Assembly
Legislation

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90_HB0193

      20 ILCS 2640/25 new
      20 ILCS 3930/7            from Ch. 38, par. 210-7
          Amends the Illinois Criminal Justice Information  Act  to
      require  the  Illinois Criminal Justice Information Authority
      to publish an Illinois gang census by locality.   Amends  the
      Statewide   Organized   Gang  Database  Act  to  require  the
      Department of State Police to  cooperate  with  the  Criminal
      Justice  Information  Authority  in  compiling gang data from
      SWORD.
                                                     LRB9000145WHks
                                               LRB9000145WHks
 1        AN ACT in relation to streetgangs, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.  The Statewide Organized Gang Database Act is
 5    amended by adding Section 25 as follows:
 6        (20 ILCS 2640/25 new)
 7        Sec.  25.  Cooperation  with  Illinois  Criminal  Justice
 8    Information Agency.  The Department shall cooperate with  and
 9    provide   assistance   to   the   Illinois  Criminal  Justice
10    Information  Authority  in  compiling  the  annual  list   of
11    criminal  streetgangs  located  in  Illinois,  utilizing  the
12    information located in the Statewide Organized Gang Database.
13        Section 10. The Illinois Criminal Justice Information Act
14    is amended by changing Section 7 as follows:
15        (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
16        Sec. 7.  Powers and Duties.  The Authority shall have the
17    following powers, duties and responsibilities:
18             (a)  To    develop    and    operate   comprehensive
19        information systems for the improvement and  coordination
20        of  all  aspects  of  law  enforcement,  prosecution  and
21        corrections;
22             (b)  To  define,  develop,  evaluate  and  correlate
23        State and local programs and projects associated with the
24        improvement  of law enforcement and the administration of
25        criminal justice;
26             (c)  To act as a  central  repository  and  clearing
27        house  for  federal,  state  and  local research studies,
28        plans, projects, proposals and other information relating
29        to all aspects of criminal justice system improvement and
                            -2-                LRB9000145WHks
 1        to encourage educational programs for citizen support  of
 2        State and local efforts to make such improvements;
 3             (d)  To   undertake   research  studies  to  aid  in
 4        accomplishing its purposes;
 5             (e)  To monitor the operation of  existing  criminal
 6        justice  information  systems  in  order  to  protect the
 7        constitutional rights and privacy  of  individuals  about
 8        whom   criminal   history  record  information  has  been
 9        collected;
10             (f)  To provide an  effective  administrative  forum
11        for   the   protection   of  the  rights  of  individuals
12        concerning criminal history record information;
13             (g)  To issue regulations, guidelines and procedures
14        which ensure the privacy and security of criminal history
15        record information  consistent  with  State  and  federal
16        laws;
17             (h)  To  act  as the sole administrative appeal body
18        in the State of Illinois to  conduct  hearings  and  make
19        final  determinations concerning individual challenges to
20        the completeness and accuracy of criminal history  record
21        information;
22             (i)  To  act as the sole, official, criminal justice
23        body in the State  of  Illinois  to  conduct  annual  and
24        periodic   audits   of   the  procedures,  policies,  and
25        practices of the State central repositories for  criminal
26        history  record  information  to  verify  compliance with
27        federal and state laws  and  regulations  governing  such
28        information;
29             (j)  To  advise the Authority's Statistical Analysis
30        Center;
31             (k)  To apply  for,  receive,  establish  priorities
32        for,  allocate,  disburse  and spend grants of funds that
33        are made available by and received on or after January 1,
34        1983 from private  sources  or  from  the  United  States
                            -3-                LRB9000145WHks
 1        pursuant  to  the  federal  Crime Control Act of 1973, as
 2        amended, and similar federal legislation,  and  to  enter
 3        into  agreements  with  the  United  States government to
 4        further the purposes of this Act, or as may  be  required
 5        as a condition of obtaining federal funds;
 6             (l)  To  receive,  expend and account for such funds
 7        of the State of Illinois as  may  be  made  available  to
 8        further the purposes of this Act;
 9             (m)  To  enter  into contracts and to cooperate with
10        units of general local government or combinations of such
11        units,  State  agencies,  and  criminal  justice   system
12        agencies  of other states for the purpose of carrying out
13        the duties of the Authority imposed by this Act or by the
14        federal Crime Control Act of 1973, as amended;
15             (n)  To enter  into  contracts  and  cooperate  with
16        units  of  general  local government outside of Illinois,
17        other states' agencies, and private organizations outside
18        of Illinois to provide computer software or  design  that
19        has  been  developed  for  the  Illinois criminal justice
20        system, or to participate in the cooperative  development
21        or  design  of  new software or systems to be used by the
22        Illinois criminal justice system.  Revenues received as a
23        result of such arrangements shall  be  deposited  in  the
24        Criminal Justice Information Systems Trust Fund.
25             (o)  To   establish   general   policies  concerning
26        criminal justice information systems  and  to  promulgate
27        such  rules,  regulations and procedures as are necessary
28        to the operation of the  Authority  and  to  the  uniform
29        consideration of appeals and audits;
30             (p)  To  advise  and  to make recommendations to the
31        Governor and the General Assembly on policies relating to
32        criminal justice information systems;
33             (q)  To  direct  all  other   agencies   under   the
34        jurisdiction   of   the   Governor  to  provide  whatever
                            -4-                LRB9000145WHks
 1        assistance and information  the  Authority  may  lawfully
 2        require to carry out its functions;
 3             (r)  To   exercise   any   other   powers  that  are
 4        reasonable and necessary to fulfill the  responsibilities
 5        of  the  Authority  under this Act and to comply with the
 6        requirements of applicable federal law or regulation;
 7             (s)  To exercise the rights, powers and duties which
 8        have been  vested  in  the  Authority  by  the  "Illinois
 9        Uniform  Conviction Information Act", enacted by the 85th
10        General Assembly, as hereafter amended; and
11             (s-5)  To annually  publish  a  census  of  criminal
12        street gang members arranged by county, municipality, and
13        other  localities  as  the  Authority  may determine; the
14        Authority may seek the assistance of  the  Department  of
15        State Police by requesting information from the Statewide
16        Organized Gang Database; and
17             (t)  To exercise the rights, powers and duties which
18        have  been  vested in the Authority by the Illinois Motor
19        Vehicle Theft Prevention Act.
20        The requirement for reporting  to  the  General  Assembly
21    shall  be  satisfied  by filing copies of the report with the
22    Speaker, the Minority Leader and the Clerk of  the  House  of
23    Representatives  and  the  President, the Minority Leader and
24    the Secretary of the  Senate  and  the  Legislative  Research
25    Unit, as required by Section 3.1 of "An Act to revise the law
26    in  relation  to the General Assembly", approved February 25,
27    1874, as amended, and filing such additional copies with  the
28    State  Government  Report Distribution Center for the General
29    Assembly as is required under paragraph (t) of Section  7  of
30    the State Library Act.
31    (Source: P.A. 85-922; 86-1408.)

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