Public Act 103-0185
HB3322 EnrolledLRB103 30247 RLC 56675 b

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

Effective Date: 6/30/2023