Bill Text: IL SB0275 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Illinois AgrAbility Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB0275 Detail]
Download: Illinois-2017-SB0275-Engrossed.html
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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the Law
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| 5 | Enforcement Gang Database Information Act.
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| 6 | Section 5. Definitions. In this Act: | ||||||
| 7 | "Gang" has the same meaning ascribed to the term in Section | ||||||
| 8 | 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||||||
| 9 | "Gang database" means any database, or data maintained in | ||||||
| 10 | multiple databases accessed by a law enforcement agency with | ||||||
| 11 | the primary purpose to designate a person as an associate or | ||||||
| 12 | alleged member of a gang, streetgang, or organization defined | ||||||
| 13 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
| 14 | Prevention Act, or includes or points to information, | ||||||
| 15 | including, but not limited to, fact-based or uncorroborated | ||||||
| 16 | information, that reflects a designation of that person as a | ||||||
| 17 | gang member, not including law enforcement agency case reports, | ||||||
| 18 | dispatching notes, or dispatch system records. | ||||||
| 19 | "Gang member" has the same meaning ascribed to the term in | ||||||
| 20 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
| 21 | Prevention Act. | ||||||
| 22 | "Law enforcement agency" means an agency of this State or | ||||||
| 23 | unit of local government who is primarily responsible for the | ||||||
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| 1 | detection, investigation, or prevention of crime and the | ||||||
| 2 | enforcement of the criminal laws of this State. | ||||||
| 3 | "Shared gang database" means a gang database that is | ||||||
| 4 | accessed by an agency or person outside of the agency that | ||||||
| 5 | created the records that populate the database.
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| 6 | Section 10. Requirements for use of gang databases and | ||||||
| 7 | shared gang databases. Each law enforcement agency who | ||||||
| 8 | maintains a gang database or has access to a shared gang | ||||||
| 9 | database shall have a policy regarding those databases. Each | ||||||
| 10 | policy shall be implemented on or before July 1, 2019, except | ||||||
| 11 | the requirements in paragraph (1) of this Section shall be | ||||||
| 12 | implemented as soon as practicable after the effective date of | ||||||
| 13 | this Act. The policy shall include, but not be limited to: | ||||||
| 14 | (1) that personnel authorized to access a gang database or | ||||||
| 15 | shared gang database are limited to sworn law enforcement | ||||||
| 16 | personnel, non-sworn law enforcement support personnel, | ||||||
| 17 | criminal justice entities, or non-criminal justice technical | ||||||
| 18 | or maintenance personnel, including information technology and | ||||||
| 19 | information security staff and contract employees, who have | ||||||
| 20 | been subject to character or security clearance and who have | ||||||
| 21 | received approved training; | ||||||
| 22 | (2) any records contained in a gang database, shared gang | ||||||
| 23 | database, gang-related information in a law enforcement agency | ||||||
| 24 | case report, gang-related information in a law enforcement | ||||||
| 25 | agency dispatch note, or gang-related information in a law | ||||||
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| 1 | enforcement agency dispatch system record shall not be | ||||||
| 2 | disclosed for the following purposes: employment, education, | ||||||
| 3 | licensing, or housing, except that law enforcement and criminal | ||||||
| 4 | justice entities may use information contained in a gang | ||||||
| 5 | database or shared gang database for employment purposes, and | ||||||
| 6 | records contained in a gang database or shared gang database | ||||||
| 7 | may be disclosed to comply with federal law, for national | ||||||
| 8 | security or homeland security purposes, for military screening | ||||||
| 9 | purposes, or for other appropriate law enforcement purposes; | ||||||
| 10 | (3) security procedures; and | ||||||
| 11 | (4) the review and purge process from gang databases and | ||||||
| 12 | shared gang databases.
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| 13 | Section 105. The Code of Criminal Procedure of 1963 is | ||||||
| 14 | amended by adding Section 115-10.5a as follows:
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| 15 | (725 ILCS 5/115-10.5a new) | ||||||
| 16 | Sec. 115-10.5a. Admissibility of evidence concerning gang | ||||||
| 17 | databases. | ||||||
| 18 | (a) In this Section, "gang database", "gang member", and | ||||||
| 19 | "shared gang database" have the same meanings ascribed to those | ||||||
| 20 | terms as in Section 5 of the Law
Enforcement Gang Database | ||||||
| 21 | Information Act. | ||||||
| 22 | (b) In all criminal cases, evidence which indicates the | ||||||
| 23 | mere presence that the person was or is on a gang database or a | ||||||
| 24 | shared gang database is not admissible.
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