Illinois General Assembly - Full Text of HB3580
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Full Text of HB3580  102nd General Assembly

HB3580 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3580

 

Introduced 2/22/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
New Act
725 ILCS 5/115-10.5a new

    Creates the Law Enforcement Gang Database Information Act. Defines terms. Provides requirements for the use of gang databases and shared gang databases. Amends the Code of Criminal Procedure of 1963. Provides for the admissibility of evidence concerning gang databases. Effective immediately.


LRB102 15097 KMF 20452 b

 

 

A BILL FOR

 

HB3580LRB102 15097 KMF 20452 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
8Section 10 of the Illinois Streetgang Terrorism Omnibus
9Prevention Act.
10    "Gang database" means any database, or data maintained in
11multiple databases accessed by a law enforcement agency with
12the primary purpose to designate a person as an associate or
13alleged member of a gang, streetgang, or organization defined
14in Section 10 of the Illinois Streetgang Terrorism Omnibus
15Prevention Act, or includes or points to information,
16including, but not limited to, fact-based or uncorroborated
17information, that reflects a designation of that person as a
18gang member, not including law enforcement agency case
19reports, dispatching notes, or dispatch system records.
20    "Gang member" has the same meaning ascribed to the term in
21Section 10 of the Illinois Streetgang Terrorism Omnibus
22Prevention Act.
23    "Law enforcement agency" means an agency of this State or

 

 

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1unit of local government that is primarily responsible for the
2detection, investigation, or prevention of crime and the
3enforcement of the criminal laws of this State.
4    "Shared gang database" means a gang database that is
5accessed by an agency or person outside of the agency that
6created the records that populate the database.
 
7    Section 10. Requirements for use of gang databases and
8shared gang databases. Each law enforcement agency that
9maintains a gang database or has access to a shared gang
10database shall have a policy regarding those databases. Each
11policy shall be implemented on or before July 1, 2021, except
12the requirements in paragraph (1) shall be implemented as soon
13as practicable after the effective date of this Act. The
14policy shall include, but not be limited to:
15    (1) that personnel authorized to access a gang database or
16shared gang database are limited to sworn law enforcement
17personnel, non-sworn law enforcement support personnel,
18criminal justice entities, or non-criminal justice technical
19or maintenance personnel, including information technology and
20information security staff and contract employees, who have
21been subject to character or security clearance and who have
22received approved training;
23    (2) any records contained in a gang database, shared gang
24database, gang-related information in a law enforcement agency
25case report, gang-related information in a law enforcement

 

 

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1agency dispatch note, or gang-related information in a law
2enforcement agency dispatch system record shall not be
3disclosed for the following purposes: employment, education,
4licensing, or housing, except that law enforcement and
5criminal justice entities may use information contained in a
6gang database or shared gang database for employment purposes,
7and records contained in a gang database or shared gang
8database may be disclosed to comply with federal law, for
9national security or homeland security purposes, for military
10screening purposes, or for other appropriate law enforcement
11purpose;
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
19databases.
20    (a) In this Section, "gang database", "gang member", and
21"shared gang database" have the same meanings ascribed to
22those terms as in Section 5 of the Law Enforcement Gang
23Database Information 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.