State of Illinois
92nd General Assembly

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 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    shall,  within  a  reasonable time but not later than 60 days
31    after the termination of  the  investigation  for  which  the
                            -2-                LRB9214014RCcd
 1    trace  was initiated or records were requested or immediately
 2    upon the initiation of criminal proceedings, 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        records were requested.
14        The  law enforcement agency shall make available to those
15    persons or their attorneys  for  inspection  or  copying  any
16    records  requested. A circuit court, upon filing of a motion,
17    may in its discretion order the destruction  of  all  records
18    associated with the trace request, except records required to
19    be kept under the federal Gun Control Act of 1968, subsection
20    (b)  of  Section  3 of the Firearm Owners Identification Card
21    Act, or Section 24-4 of this Code or records pertaining to an
22    open and active criminal investigation or proceeding.
23    (Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.

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