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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;and11 (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.)