Sen. Patricia Van Pelt

Filed: 5/29/2018





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2    AMENDMENT NO. ______. Amend House Bill 4339 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Law
5Enforcement Gang Database Information Act.
6    Section 5. Definitions. In this Act:
7    "Gang" has the same meaning ascribed to the term in Section
810 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
9    "Gang database" means any database, or data maintained in
10multiple databases accessed by a law enforcement agency that
11designates a person as an associate or alleged member of a
12gang, streetgang, or organization defined in Section 10 of the
13Illinois Streetgang Terrorism Omnibus Prevention Act, or
14includes or points to information, including, but not limited
15to, fact-based or uncorroborated information, that reflects a
16designation of that person as a gang member.



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1    "Gang member" has the same meaning ascribed to the term in
2Section 10 of the Illinois Streetgang Terrorism Omnibus
3Prevention Act.
4    "Law enforcement agency" means an agency of this State or
5unit of local government who is primarily responsible for the
6detection, investigation, or prevention of crime and the
7enforcement of the criminal laws of this State.
8    "Shared gang database" means a gang database that is
9accessed by an agency or person outside of the agency that
10created the records that populate the database.
11    Section 10. Requirements for use of gang databases and
12shared gang databases. Each law enforcement agency who
13maintains a gang database or has access to a shared gang
14database shall have a policy regarding those databases. Each
15policy shall be implemented on or before July 1, 2019, except
16the requirements in paragraph (1) of this Section shall be
17implemented as soon as practicable after the effective date of
18this Act. The policy shall include, but not be limited to:
19    (1) that personnel authorized to access a gang database or
20shared gang database are limited to sworn law enforcement
21personnel, non-sworn law enforcement support personnel,
22criminal justice entities, or non-criminal justice technical
23or maintenance personnel, including information technology and
24information security staff and contract employees, who have
25been subject to character or security clearance and who have



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1received approved training;
2    (2) any records contained in a gang database or shared gang
3database shall not be disclosed, including, but not limited to,
4for the following purposes: employment, education, licensing,
5or housing, except that law enforcement and criminal justice
6entities may use information contained in a gang database or
7shared gang database for employment purposes, and records
8contained in a gang database or shared gang database may be
9disclosed to comply with federal law, for national security or
10homeland security purposes, for military screening purposes,
11or for other appropriate law enforcement purpose;
12    (3) security procedures; and
13    (4) the review and purge process from gang databases and
14shared gang databases.
15    Section 105. The Code of Criminal Procedure of 1963 is
16amended by adding Section 115-10.5a as follows:
17    (725 ILCS 5/115-10.5a new)
18    Sec. 115-10.5a. Admissibility of evidence concerning gang
20    (a) In this Section, "gang database", "gang member", and
21"shared gang database" have the same meanings ascribed to those
22terms as in Section 5 of the Law Enforcement Gang Database
23Information Act.
24    (b) In all criminal cases, evidence which indicates the



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1mere presence that the person was or is on a gang database or a
2shared gang database is not admissible.
3    Section 999. Effective date. This Act takes effect upon
4becoming law.".