Bill Amendment: IL SB0275 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: LAW ENFORCE GANG DATABASE INFO

Status: 2019-01-09 - Session Sine Die [SB0275 Detail]

Download: Illinois-2017-SB0275-Senate_Amendment_001.html

---

Sen. Patricia Van Pelt

Filed: 5/8/2018

10000SB0275sam001 LRB100 05197 SLF 39782 a
AMENDMENT TO SENATE BILL 275
AMENDMENT NO. ______. Amend Senate Bill 275 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Law
Enforcement Gang Database Information Act.
Section 5. Definitions. In this Act:
"Department" means the Department of State Police.
"Gang" means any combination, confederation, alliance,
network, conspiracy, understanding, or other similar
conjoining, in law or in fact, of 3 or more persons with an
established hierarchy that, through its membership or through
the agency of any member engages in a course or pattern of
criminal activity.
"Gang database" means a database accessed by a law
enforcement agency that designates a person as a gang member or
associate, or includes or points to information, including, but

10000SB0275sam001 - 2 - LRB100 05197 SLF 39782 a
not limited to, fact-based or uncorroborated information that
reflects a designation of that person as a gang member or
associate, not including a database that designates a person as
a gang member or associate using only criminal offender
information or a database assessed solely by a correctional
facility for classification or operational decisions of the
administration of the facility.
"Law enforcement agency" means an agency of this State or
unit of local government who 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. Written notice; designation on gang database.
(a) To the extent a local law enforcement agency elects to
utilize a shared gang database prior to a local law enforcement
agency designating a person as a suspected gang member,
associate, or affiliate in a shared gang database or otherwise
identifying the person in a shared gang database, the local law
enforcement agency shall provide written notice to the person,
and shall, if the person is under 18 years of age, provide
written notice to the person and his or her parent or guardian,
of the designation and the basis for the designation, unless
providing that notification would compromise an active

10000SB0275sam001 - 3 - LRB100 05197 SLF 39782 a
criminal investigation or compromise the health or safety of
the minor.
(b) The notice described in subsection (a) of this Section
shall describe the process for the person, or, if the person is
under 18 years of age, for his or her parent or guardian, or an
attorney working on behalf of the person, to contest the
designation of the person in the database. The notice shall
also inform the person of the reason for his or her designation
in the database.
(c) A person, or, if the person is under 18 years of age,
his or her parent or guardian, or an attorney working on behalf
of the person, may request information of any law enforcement
agency as to whether the person is designated as a suspected
gang member, associate, or affiliate in a shared gang database
accessible by that law enforcement agency and the name of the
law enforcement agency that made the designation. A request
made under this subsection (c) shall be in writing. A person
about whom information is requested under this subsection (c)
that is designated as a suspected gang member, associate, or
affiliate in a shared gang database by that law enforcement
agency, the person making the request may also request
information as to the basis for the designation for the purpose
of contesting the designation as described in Section 15 of
this Act.
(d) The law enforcement agency shall provide information
requested, unless doing so would compromise an active criminal

10000SB0275sam001 - 4 - LRB100 05197 SLF 39782 a
investigation or compromise the health or safety of the person
if the person is under 18 years of age. The law enforcement
agency shall respond to a valid request under subsection (c) of
this Section in writing to the person making the request within
30 calendar days of receipt of the request.
Section 15. Contest gang designation; written
verification.
(a) Subsequent to the notice or the law enforcement
agency's response to a request described in Section 10 of this
Act, the person designated or to be designated as a suspected
gang member, associate, or affiliate, or his or her parent or
guardian if the person is under 18 years of age, may submit
written documentation to the local law enforcement agency
contesting the designation. The local law enforcement agency
shall review the documentation, and if the agency determines
that the person is not a suspected gang member, associate, or
affiliate, the agency shall remove the person from the shared
gang database.
(b) The local law enforcement agency shall provide the
person and, if the person is under 18 years of age, his or her
parent or guardian, with written verification of the agency's
decision within 30 days of submission of the written
documentation contesting the designation. If the law
enforcement agency denies the request for removal, the notice
of its determination shall state the reason for the denial. If

10000SB0275sam001 - 5 - LRB100 05197 SLF 39782 a
the law enforcement agency does not provide a verification of
the agency's decision within the required 30-day period, the
request to remove the person from the gang database shall be
deemed denied. The person or, if the person is under 18 years
of age, his or her parent or guardian may petition the court to
review the law enforcement agency's denial of the request for
removal and order the law enforcement agency to remove the
person from the shared gang database under this Act. Nothing in
this Section shall require a law enforcement agency to disclose
information otherwise protected under the Freedom of
Information Act or law.
Section 20. Appeal of designation.
(a) A person who is listed by a law enforcement agency in a
shared gang database as a gang member, suspected gang member,
associate, or affiliate and who has contested his or her
designation under Section 15 of this Act, may petition the
court to review the law enforcement agency's denial of the
request for removal and to order the law enforcement agency to
remove the person from the shared gang database. The petition
may be brought by the person or the person's attorney, or if
the person is under 18 years of age, by his or her parent or
guardian or an attorney on behalf of the parent or guardian.
(b) The petition shall be filed and served within 90
calendar days of the agency's mailing or personal service of
the verification of the decision to deny the request for

10000SB0275sam001 - 6 - LRB100 05197 SLF 39782 a
removal from the shared gang database or the date that the
request is deemed denied under subsection (b) of Section 15 of
this Act. The petition shall be filed in either the circuit
court of the county in which the local law enforcement agency
is located or, if the person resides in this State, in the
county in which the person resides. A copy of the petition
shall be served on the agency in person or by first-class mail.
Proof of service of the petition on the agency shall be filed
in circuit court.
(c) The evidentiary record for the court's determination of
the petition shall be limited to the agency's statement of the
basis of its designation made under Section 10 of this Act, and
the documentation provided to the agency by the person
contesting the designation under Section 15 of this Act.
(d) If, upon de novo review of the record and any arguments
presented to the court, the court finds that the law
enforcement agency has failed to establish the person's active
gang membership, associate status, or affiliate status by clear
and convincing evidence, the court shall order the law
enforcement agency to remove the name of the person from the
shared gang database.
(e) The court shall notify the person of the appearance
date by mail or personal delivery. There is a $25 fee for
filing a petition under this Section, which shall be retained
regardless of the outcome of the petition. If the court finds
in favor of the person, the amount of the fee shall be

10000SB0275sam001 - 7 - LRB100 05197 SLF 39782 a
reimbursed to the person by the agency.
Section 25. Gang Database Technical Advisory Task.
(a) There is created the Gang Database Technical Advisory
Task Force to study the use, operation, and oversight of gang
databases and shared gang databases in this State. The Task
Force shall assist the Department as required in Section
2605-391 of the Department of State Police Law of the Civil
Administrative Code of Illinois to adopt appropriate rules
governing the use, operation, and oversight of shared gang
databases and assist in outlining best practices by law
enforcement agencies.
(b) The Task Force shall consist of the following members:
(1) the Director of State Police, or his or her
designee;
(2) the Attorney General, or his or her designee;
(3) the Executive Director of the Illinois Criminal
Justice Information Authority, or his or her designee;
(4) 2 members of the Senate, appointed by the President
of the Senate;
(5) 2 members of the Senate, appointed by the Minority
Leader of the Senate;
(6) 2 members of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(7) 2 members of the House of Representatives,
appointed by the Minority Leader of the House of

10000SB0275sam001 - 8 - LRB100 05197 SLF 39782 a
Representatives;
(8) a member from a statewide organization that
specializes in civil or human rights, appointed by the
President of the Senate; and
(9) a member from a statewide organization that
specializes in gang violence intervention, appointed by
the Speaker of the House of Representatives.
(c) The Task Force shall appoint a chairperson from among
the members appointed. Members of the Task Force shall receive
no compensation but shall be reimbursed for necessary expenses
incurred in the performance of their duties.
(d) The Task Force shall submit a written report of its
findings and recommendations to the General Assembly and the
Governor on or before June 1, 2020. The report to the General
Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate in electronic
form only, in the manner that the Clerk and the Secretary shall
direct.
(e) This Section is repealed on July 1, 2020.
Section 105. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by adding
Sections 2605-391, 2605-392, 2605-393, and 2605-395 as
follows:
(20 ILCS 2605/2605-391 new)

10000SB0275sam001 - 9 - LRB100 05197 SLF 39782 a
Sec. 2605-391. Rules and oversight; shared gang databases.
(a) The Department, with the advice of the Gang Database
Technical Advisory Task Force created under Section 30 of the
Law Enforcement Gang Database Information Act, shall adopt
rules governing the use, operation, and oversight of shared
gang databases. The rules adopted by the Department shall, at
minimum, ensure the following:
(1) the system integrity of a shared gang database;
(2) all law enforcement agency and criminal justice
agency personnel who access a shared gang database undergo
comprehensive and standardized training on the use of
shared gang databases and related policies and procedures;
(3) proper criteria are established for supervisory
reviews of all database entries and regular reviews of
records entered into a shared gang database;
(4) reasonable measures are taken to locate equipment
related to the operation of a shared gang database in a
secure area in order to preclude access by unauthorized
personnel;
(5) law enforcement agencies and criminal justice
agencies notify the Department of any missing equipment
that could potentially compromise a shared gang database;
(6) personnel authorized to access a shared gang
database are limited to sworn law enforcement personnel,
non-sworn law enforcement support personnel, or
non-criminal justice technical or maintenance personnel,

10000SB0275sam001 - 10 - LRB100 05197 SLF 39782 a
including information technology and information security
staff and contract employees, who have been subject to
character or security clearance and who have received
approved training;
(7) any records contained in a shared gang database are
not disclosed for employment or military screening
purposes; and
(8) any records contained in a shared gang database are
not disclosed for purposes of enforcing federal
immigration law, unless required by State or federal
statute, rule, or regulation.
(b) The rules adopted by the Department shall include, but
not be limited to, establishing the following:
(1) policies and procedures for entering, reviewing,
and purging documentation;
(2) criteria for designating a person as a gang member
or associate that are unambiguous, not over broad, and
consistent with empirical research on gangs and gang
membership;
(3) retention periods for information about a person in
a shared gang database that is consistent with empirical
research on the duration of gang membership;
(4) criteria for designating an organization as a
criminal street gang and retention periods for information
about criminal street gangs;
(5) policies and procedures for notice to a person in a

10000SB0275sam001 - 11 - LRB100 05197 SLF 39782 a
shared gang database including policies and procedures for
when notification would compromise an active criminal
investigation or the health or safety of a minor;
(6) policies and procedures for responding to an
information request, a request for removal, or a petition
for removal under Sections 10 and 15 of the Law Enforcement
Gang Database Information Act including policies and
procedures for a request or petition that could compromise
an active criminal investigation or the health or safety of
a minor;
(7) policies and procedures for sharing information
from a shared gang database with a federal agency,
multi-state agency, or agency of another state that is
otherwise denied access including sharing of information
with a partner in a joint task force; and
(8) implementation of supervisory review procedures
and periodic record reviews by law enforcement agencies and
criminal justice agencies, and reporting of the results of
those reviews to the Department.
(c) The Department, with the advice and recommendations
from the Gang Database Technical Advisory Task Force, no later
than January 1, 2021, shall adopt rules to provide for periodic
audits of the Statewide Organized Criminal Gang Database to
ensure the accuracy, reliability, and proper use. The
Department shall mandate the purge of any information for which
a user agency cannot establish adequate support. The

10000SB0275sam001 - 12 - LRB100 05197 SLF 39782 a
Department, with the advice of the Gang Database Technical
Advisory Task Force, shall develop and implement standardized
periodic training for everyone with access to the Statewide
Organized Criminal Gang Database.
(20 ILCS 2605/2605-392 new)
Sec. 2605-392. Department of State Police report; shared
gang databases. Beginning January 1, 2020, and annually on
January 1 thereafter, the Department shall publish an annual
report on the use of shared gang databases, including the
Statewide Organized Criminal Gang Database.
(1) The report shall include, in a format developed by the
Department that contains, by ZIP Code, referring agency, race,
gender, and age, the following information for each user
agency:
(A) The number of persons included in the Statewide
Organized Criminal Gang Database on the day of reporting.
(B) The number of persons added to the Statewide
Organized Criminal Gang Database during the immediately
preceding 12 months.
(C) The number of requests for removal of information
about a person from a gang database under Section 15 of the
Law Enforcement Gang Database Information Act that were
granted during the immediately preceding 12 months.
(D) The number of petitions for removal of information
about a person from a gang database under Section 20 of the

10000SB0275sam001 - 13 - LRB100 05197 SLF 39782 a
Law Enforcement Gang Database Information Act adjudicated
in the immediately preceding 12 months, including their
dispositions.
(E) The number of persons whose information was removed
from the Statewide Organized Criminal Gang Database due to
the expiration of a retention period during the immediately
preceding 12 months.
(F) The number of times a law enforcement agency did
not provide notice or documentation described in Section 10
of the Law Enforcement Gang Database Information Act
because providing that notice or documentation would
compromise an active criminal investigation.
(G) The number of times a law enforcement agency did
not provide notice or documentation described in Section 10
of the Law Enforcement Gang Database Information Act
because providing that notice or documentation would
compromise the health or safety of the designated minor, in
the immediately preceding 12 months.
(2) The Department shall post this annual report on its
website.
(20 ILCS 2605/2605-393 new)
Sec. 2605-393. Purge; moratorium of shared gang databases.
(a) The Department shall instruct each agency to purge from
a shared gang database any record of a person entered into the
database designated as a suspected gang member, associate, or

10000SB0275sam001 - 14 - LRB100 05197 SLF 39782 a
affiliate that does not meet criteria for entry or whose entry
was based upon the following criteria: jail classification,
frequenting gang neighborhoods, or on the basis of an untested
informant. Unsupported criteria shall be purged and the records
of a person shall be purged if the remaining criteria are not
sufficient to support the person's designation. After the purge
is completed, the shared gang database shall be examined using
a statistically valid sample, consistent with professional
auditing standards to ensure that all fields in the database
are accurate.
(b) Beginning January 1, 2019, any shared gang database
operated by law enforcement in this State shall be under a
moratorium. During the moratorium, data shall not be added to
the database. Data in the database shall not be accessed by
participating agencies or shared with other entities. The
moratorium on a shared gang database shall not be lifted until
the Attorney General certifies that the purge required in
subsection (a) of this Section has been completed. After the
purge has been completed and before the Department adopts the
rules required by Section 2605-391 of this Act, new data may be
entered, provided the new data meets the criteria established
by the conditions of the purge.
(20 ILCS 2605/2605-395 new)
Sec. 2605-395. Suspension of access to shared gang
database.

10000SB0275sam001 - 15 - LRB100 05197 SLF 39782 a
(a) The Department shall temporarily suspend access to a
shared gang database system or revoke access to a shared gang
database system for any individual who shares information from
a shared gang database for employment or military screening
purposes.
(b) The Department shall temporarily suspend access to a
shared gang database system or revoke access to a shared gang
database system for an individual who shares information from a
shared gang database for federal immigration law purposes,
unless required by State or federal statute, rule, or
regulation.".