Sen. Patricia Van Pelt

Filed: 5/8/2018

 

 


 

 


 
10000SB0275sam001LRB100 05197 SLF 39782 a

1
AMENDMENT TO SENATE BILL 275

2    AMENDMENT NO. ______. Amend Senate Bill 275 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    "Department" means the Department of State Police.
8    "Gang" means any combination, confederation, alliance,
9network, conspiracy, understanding, or other similar
10conjoining, in law or in fact, of 3 or more persons with an
11established hierarchy that, through its membership or through
12the agency of any member engages in a course or pattern of
13criminal activity.
14    "Gang database" means a database accessed by a law
15enforcement agency that designates a person as a gang member or
16associate, or includes or points to information, including, but

 

 

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1not limited to, fact-based or uncorroborated information that
2reflects a designation of that person as a gang member or
3associate, not including a database that designates a person as
4a gang member or associate using only criminal offender
5information or a database assessed solely by a correctional
6facility for classification or operational decisions of the
7administration of the facility.
8    "Law enforcement agency" means an agency of this State or
9unit of local government who is primarily responsible for the
10detection, investigation, or prevention of crime and the
11enforcement of the criminal laws of this State.
12    "Shared gang database" means a gang database that is
13accessed by an agency or person outside of the agency that
14created the records that populate the database.
 
15    Section 10. Written notice; designation on gang database.
16    (a) To the extent a local law enforcement agency elects to
17utilize a shared gang database prior to a local law enforcement
18agency designating a person as a suspected gang member,
19associate, or affiliate in a shared gang database or otherwise
20identifying the person in a shared gang database, the local law
21enforcement agency shall provide written notice to the person,
22and shall, if the person is under 18 years of age, provide
23written notice to the person and his or her parent or guardian,
24of the designation and the basis for the designation, unless
25providing that notification would compromise an active

 

 

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1criminal investigation or compromise the health or safety of
2the minor.
3    (b) The notice described in subsection (a) of this Section
4shall describe the process for the person, or, if the person is
5under 18 years of age, for his or her parent or guardian, or an
6attorney working on behalf of the person, to contest the
7designation of the person in the database. The notice shall
8also inform the person of the reason for his or her designation
9in the database.
10    (c) A person, or, if the person is under 18 years of age,
11his or her parent or guardian, or an attorney working on behalf
12of the person, may request information of any law enforcement
13agency as to whether the person is designated as a suspected
14gang member, associate, or affiliate in a shared gang database
15accessible by that law enforcement agency and the name of the
16law enforcement agency that made the designation. A request
17made under this subsection (c) shall be in writing. A person
18about whom information is requested under this subsection (c)
19that is designated as a suspected gang member, associate, or
20affiliate in a shared gang database by that law enforcement
21agency, the person making the request may also request
22information as to the basis for the designation for the purpose
23of contesting the designation as described in Section 15 of
24this Act.
25    (d) The law enforcement agency shall provide information
26requested, unless doing so would compromise an active criminal

 

 

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1investigation or compromise the health or safety of the person
2if the person is under 18 years of age. The law enforcement
3agency shall respond to a valid request under subsection (c) of
4this Section in writing to the person making the request within
530 calendar days of receipt of the request.
 
6    Section 15. Contest gang designation; written
7verification.
8    (a) Subsequent to the notice or the law enforcement
9agency's response to a request described in Section 10 of this
10Act, the person designated or to be designated as a suspected
11gang member, associate, or affiliate, or his or her parent or
12guardian if the person is under 18 years of age, may submit
13written documentation to the local law enforcement agency
14contesting the designation. The local law enforcement agency
15shall review the documentation, and if the agency determines
16that the person is not a suspected gang member, associate, or
17affiliate, the agency shall remove the person from the shared
18gang database.
19    (b) The local law enforcement agency shall provide the
20person and, if the person is under 18 years of age, his or her
21parent or guardian, with written verification of the agency's
22decision within 30 days of submission of the written
23documentation contesting the designation. If the law
24enforcement agency denies the request for removal, the notice
25of its determination shall state the reason for the denial. If

 

 

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1the law enforcement agency does not provide a verification of
2the agency's decision within the required 30-day period, the
3request to remove the person from the gang database shall be
4deemed denied. The person or, if the person is under 18 years
5of age, his or her parent or guardian may petition the court to
6review the law enforcement agency's denial of the request for
7removal and order the law enforcement agency to remove the
8person from the shared gang database under this Act. Nothing in
9this Section shall require a law enforcement agency to disclose
10information otherwise protected under the Freedom of
11Information Act or law.
 
12    Section 20. Appeal of designation.
13    (a) A person who is listed by a law enforcement agency in a
14shared gang database as a gang member, suspected gang member,
15associate, or affiliate and who has contested his or her
16designation under Section 15 of this Act, may petition the
17court to review the law enforcement agency's denial of the
18request for removal and to order the law enforcement agency to
19remove the person from the shared gang database. The petition
20may be brought by the person or the person's attorney, or if
21the person is under 18 years of age, by his or her parent or
22guardian or an attorney on behalf of the parent or guardian.
23    (b) The petition shall be filed and served within 90
24calendar days of the agency's mailing or personal service of
25the verification of the decision to deny the request for

 

 

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1removal from the shared gang database or the date that the
2request is deemed denied under subsection (b) of Section 15 of
3this Act. The petition shall be filed in either the circuit
4court of the county in which the local law enforcement agency
5is located or, if the person resides in this State, in the
6county in which the person resides. A copy of the petition
7shall be served on the agency in person or by first-class mail.
8Proof of service of the petition on the agency shall be filed
9in circuit court.
10    (c) The evidentiary record for the court's determination of
11the petition shall be limited to the agency's statement of the
12basis of its designation made under Section 10 of this Act, and
13the documentation provided to the agency by the person
14contesting the designation under Section 15 of this Act.
15    (d) If, upon de novo review of the record and any arguments
16presented to the court, the court finds that the law
17enforcement agency has failed to establish the person's active
18gang membership, associate status, or affiliate status by clear
19and convincing evidence, the court shall order the law
20enforcement agency to remove the name of the person from the
21shared gang database.
22    (e) The court shall notify the person of the appearance
23date by mail or personal delivery. There is a $25 fee for
24filing a petition under this Section, which shall be retained
25regardless of the outcome of the petition. If the court finds
26in favor of the person, the amount of the fee shall be

 

 

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1reimbursed to the person by the agency.
 
2    Section 25. Gang Database Technical Advisory Task.
3    (a) There is created the Gang Database Technical Advisory
4Task Force to study the use, operation, and oversight of gang
5databases and shared gang databases in this State. The Task
6Force shall assist the Department as required in Section
72605-391 of the Department of State Police Law of the Civil
8Administrative Code of Illinois to adopt appropriate rules
9governing the use, operation, and oversight of shared gang
10databases and assist in outlining best practices by law
11enforcement agencies.
12    (b) The Task Force shall consist of the following members:
13        (1) the Director of State Police, or his or her
14    designee;
15        (2) the Attorney General, or his or her designee;
16        (3) the Executive Director of the Illinois Criminal
17    Justice Information Authority, or his or her designee;
18        (4) 2 members of the Senate, appointed by the President
19    of the Senate;
20        (5) 2 members of the Senate, appointed by the Minority
21    Leader of the Senate;
22        (6) 2 members of the House of Representatives,
23    appointed by the Speaker of the House of Representatives;
24        (7) 2 members of the House of Representatives,
25    appointed by the Minority Leader of the House of

 

 

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1    Representatives;
2        (8) a member from a statewide organization that
3    specializes in civil or human rights, appointed by the
4    President of the Senate; and
5        (9) a member from a statewide organization that
6    specializes in gang violence intervention, appointed by
7    the Speaker of the House of Representatives.
8    (c) The Task Force shall appoint a chairperson from among
9the members appointed. Members of the Task Force shall receive
10no compensation but shall be reimbursed for necessary expenses
11incurred in the performance of their duties.
12    (d) The Task Force shall submit a written report of its
13findings and recommendations to the General Assembly and the
14Governor on or before June 1, 2020. The report to the General
15Assembly shall be filed with the Clerk of the House of
16Representatives and the Secretary of the Senate in electronic
17form only, in the manner that the Clerk and the Secretary shall
18direct.
19    (e) This Section is repealed on July 1, 2020.
 
20    Section 105. The Department of State Police Law of the
21Civil Administrative Code of Illinois is amended by adding
22Sections 2605-391, 2605-392, 2605-393, and 2605-395 as
23follows:
 
24    (20 ILCS 2605/2605-391 new)

 

 

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1    Sec. 2605-391. Rules and oversight; shared gang databases.
2    (a) The Department, with the advice of the Gang Database
3Technical Advisory Task Force created under Section 30 of the
4Law Enforcement Gang Database Information Act, shall adopt
5rules governing the use, operation, and oversight of shared
6gang databases. The rules adopted by the Department shall, at
7minimum, ensure the following:
8        (1) the system integrity of a shared gang database;
9        (2) all law enforcement agency and criminal justice
10    agency personnel who access a shared gang database undergo
11    comprehensive and standardized training on the use of
12    shared gang databases and related policies and procedures;
13        (3) proper criteria are established for supervisory
14    reviews of all database entries and regular reviews of
15    records entered into a shared gang database;
16        (4) reasonable measures are taken to locate equipment
17    related to the operation of a shared gang database in a
18    secure area in order to preclude access by unauthorized
19    personnel;
20        (5) law enforcement agencies and criminal justice
21    agencies notify the Department of any missing equipment
22    that could potentially compromise a shared gang database;
23        (6) personnel authorized to access a shared gang
24    database are limited to sworn law enforcement personnel,
25    non-sworn law enforcement support personnel, or
26    non-criminal justice technical or maintenance personnel,

 

 

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1    including information technology and information security
2    staff and contract employees, who have been subject to
3    character or security clearance and who have received
4    approved training;
5        (7) any records contained in a shared gang database are
6    not disclosed for employment or military screening
7    purposes; and
8        (8) any records contained in a shared gang database are
9    not disclosed for purposes of enforcing federal
10    immigration law, unless required by State or federal
11    statute, rule, or regulation.
12    (b) The rules adopted by the Department shall include, but
13not be limited to, establishing the following:
14        (1) policies and procedures for entering, reviewing,
15    and purging documentation;
16        (2) criteria for designating a person as a gang member
17    or associate that are unambiguous, not over broad, and
18    consistent with empirical research on gangs and gang
19    membership;
20        (3) retention periods for information about a person in
21    a shared gang database that is consistent with empirical
22    research on the duration of gang membership;
23        (4) criteria for designating an organization as a
24    criminal street gang and retention periods for information
25    about criminal street gangs;
26        (5) policies and procedures for notice to a person in a

 

 

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1    shared gang database including policies and procedures for
2    when notification would compromise an active criminal
3    investigation or the health or safety of a minor;
4        (6) policies and procedures for responding to an
5    information request, a request for removal, or a petition
6    for removal under Sections 10 and 15 of the Law Enforcement
7    Gang Database Information Act including policies and
8    procedures for a request or petition that could compromise
9    an active criminal investigation or the health or safety of
10    a minor;
11        (7) policies and procedures for sharing information
12    from a shared gang database with a federal agency,
13    multi-state agency, or agency of another state that is
14    otherwise denied access including sharing of information
15    with a partner in a joint task force; and
16        (8) implementation of supervisory review procedures
17    and periodic record reviews by law enforcement agencies and
18    criminal justice agencies, and reporting of the results of
19    those reviews to the Department.
20    (c) The Department, with the advice and recommendations
21from the Gang Database Technical Advisory Task Force, no later
22than January 1, 2021, shall adopt rules to provide for periodic
23audits of the Statewide Organized Criminal Gang Database to
24ensure the accuracy, reliability, and proper use. The
25Department shall mandate the purge of any information for which
26a user agency cannot establish adequate support. The

 

 

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1Department, with the advice of the Gang Database Technical
2Advisory Task Force, shall develop and implement standardized
3periodic training for everyone with access to the Statewide
4Organized Criminal Gang Database.
 
5    (20 ILCS 2605/2605-392 new)
6    Sec. 2605-392. Department of State Police report; shared
7gang databases. Beginning January 1, 2020, and annually on
8January 1 thereafter, the Department shall publish an annual
9report on the use of shared gang databases, including the
10Statewide Organized Criminal Gang Database.
11    (1) The report shall include, in a format developed by the
12Department that contains, by ZIP Code, referring agency, race,
13gender, and age, the following information for each user
14agency:
15        (A) The number of persons included in the Statewide
16    Organized Criminal Gang Database on the day of reporting.
17        (B) The number of persons added to the Statewide
18    Organized Criminal Gang Database during the immediately
19    preceding 12 months.
20        (C) The number of requests for removal of information
21    about a person from a gang database under Section 15 of the
22    Law Enforcement Gang Database Information Act that were
23    granted during the immediately preceding 12 months.
24        (D) The number of petitions for removal of information
25    about a person from a gang database under Section 20 of the

 

 

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1    Law Enforcement Gang Database Information Act adjudicated
2    in the immediately preceding 12 months, including their
3    dispositions.
4        (E) The number of persons whose information was removed
5    from the Statewide Organized Criminal Gang Database due to
6    the expiration of a retention period during the immediately
7    preceding 12 months.
8        (F) The number of times a law enforcement agency did
9    not provide notice or documentation described in Section 10
10    of the Law Enforcement Gang Database Information Act
11    because providing that notice or documentation would
12    compromise an active criminal investigation.
13        (G) The number of times a law enforcement agency did
14    not provide notice or documentation described in Section 10
15    of the Law Enforcement Gang Database Information Act
16    because providing that notice or documentation would
17    compromise the health or safety of the designated minor, in
18    the immediately preceding 12 months.
19    (2) The Department shall post this annual report on its
20website.
 
21    (20 ILCS 2605/2605-393 new)
22    Sec. 2605-393. Purge; moratorium of shared gang databases.
23    (a) The Department shall instruct each agency to purge from
24a shared gang database any record of a person entered into the
25database designated as a suspected gang member, associate, or

 

 

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1affiliate that does not meet criteria for entry or whose entry
2was based upon the following criteria: jail classification,
3frequenting gang neighborhoods, or on the basis of an untested
4informant. Unsupported criteria shall be purged and the records
5of a person shall be purged if the remaining criteria are not
6sufficient to support the person's designation. After the purge
7is completed, the shared gang database shall be examined using
8a statistically valid sample, consistent with professional
9auditing standards to ensure that all fields in the database
10are accurate.
11    (b) Beginning January 1, 2019, any shared gang database
12operated by law enforcement in this State shall be under a
13moratorium. During the moratorium, data shall not be added to
14the database. Data in the database shall not be accessed by
15participating agencies or shared with other entities. The
16moratorium on a shared gang database shall not be lifted until
17the Attorney General certifies that the purge required in
18subsection (a) of this Section has been completed. After the
19purge has been completed and before the Department adopts the
20rules required by Section 2605-391 of this Act, new data may be
21entered, provided the new data meets the criteria established
22by the conditions of the purge.
 
23    (20 ILCS 2605/2605-395 new)
24    Sec. 2605-395. Suspension of access to shared gang
25database.

 

 

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1    (a) The Department shall temporarily suspend access to a
2shared gang database system or revoke access to a shared gang
3database system for any individual who shares information from
4a shared gang database for employment or military screening
5purposes.
6    (b) The Department shall temporarily suspend access to a
7shared gang database system or revoke access to a shared gang
8database system for an individual who shares information from a
9shared gang database for federal immigration law purposes,
10unless required by State or federal statute, rule, or
11regulation.".