Illinois General Assembly - Full Text of HB0515
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Full Text of HB0515  93rd General Assembly

HB0515enr 93rd General Assembly


HB0515 Enrolled                      LRB093 03873 RLC 06893 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Criminal Code  of  1961  is  amended  by
 5    changing Section 24-8 as follows:

 6        (720 ILCS 5/24-8)
 7        Sec. 24-8.  Firearm tracing.
 8        (a)  Upon  recovering  a  firearm  from the possession of
 9    anyone who is not  permitted  by  federal  or  State  law  to
10    possess  a  firearm, a local law enforcement agency shall use
11    the best available information, including  a  firearms  trace
12    when  necessary,  to  determine  how and from whom the person
13    gained possession of the firearm.  Upon recovering a  firearm
14    that  was used in the commission of any offense classified as
15    a felony or upon recovering a firearm that  appears  to  have
16    been  lost,  mislaid, stolen, or otherwise unclaimed, a local
17    law  enforcement  agency  shall  use   the   best   available
18    information,  including  a  firearms trace when necessary, to
19    determine prior ownership of the firearm.
20        (b)  Local law enforcement shall, when  appropriate,  use
21    the National Tracing Center of the Federal Bureau of Alcohol,
22    Tobacco and Firearms in complying with subsection (a) of this
23    Section.
24        (c)  Local   law   enforcement  agencies  shall  use  the
25    Illinois Department of State Police Law Enforcement  Agencies
26    Data  System (LEADS) Gun File to enter all stolen, seized, or
27    recovered firearms as prescribed  by  LEADS  regulations  and
28    policies.
29        (d)  The  law  enforcement  agency that requests a trace,
30    within a reasonable time but not later than 60 days after the
31    termination of the investigation  for  which  the  trace  was
HB0515 Enrolled             -2-      LRB093 03873 RLC 06893 b
 1    initiated  or  records were requested or immediately upon the
 2    initiation of criminal proceedings, shall  serve  the  person
 3    who  was  the  subject  of  a records request or search under
 4    subsection (a) or (b) of this Section with an inventory  that
 5    includes:
 6             (1)  notice  to  any person who was the subject of a
 7        trace request or records search;
 8             (2)  notice of any law enforcement  agency  who  has
 9        copies of any of the requested records;
10             (3)  the  date  of  the  trace  request  or  records
11        search; and
12             (4)  a  list of records requested and from whom. The
13        law enforcement agency  shall  make  available  to  those
14        persons  or their attorneys for inspection or copying any
15        records requested.
16        (e)  A circuit court of the county of  residence  of  the
17    person  who  was  the  subject of a records request or search
18    under subsection (a) or (b) of this Section, upon filing of a
19    motion by the person who was the subject of a records request
20    or search under subsection (a) or (b) of this Section, may in
21    its  discretion  order  the  destruction   of   all   records
22    associated  with  the  trace  request,  except  those records
23    required to be kept under the  federal  Gun  Control  Act  of
24    1968,  subsection  (b)  of  Section  3  of the Firearm Owners
25    Identification Card Act, Section 24-4 of this Code, or  those
26    records   pertaining   to   an   open   and  active  criminal
27    investigation or proceeding.
28    (Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.