093_SB1887

 
                                     LRB093 03873 RLC 03908 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
 
                            -2-      LRB093 03873 RLC 03908 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, upon filing  of  a  motion  by  the
17    person  who  was  the  subject of a records request or search
18    under subsection (a) or (b)  of  this  Section,  may  in  its
19    discretion  order  the  destruction of all records associated
20    with the trace request, except those records required  to  be
21    kept  under  the  federal Gun Control Act of 1968, subsection
22    (b) of Section 3 of the Firearm  Owners  Identification  Card
23    Act,  Section  24-4 of this Code, or those records pertaining
24    to an open and active criminal investigation or proceeding.
25    (Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.