Bill Amendment: IL HB4339 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM PRO-SEXUAL ABUSE VICTIMS

Status: 2019-01-08 - Session Sine Die [HB4339 Detail]

Download: Illinois-2017-HB4339-Senate_Amendment_001.html

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Sen. Patricia Van Pelt

Filed: 5/29/2018

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AMENDMENT TO HOUSE BILL 4339
AMENDMENT NO. ______. Amend House Bill 4339 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Law
Enforcement Gang Database Information Act.
Section 5. Definitions. In this Act:
"Gang" has the same meaning ascribed to the term in Section
10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
"Gang database" means any database, or data maintained in
multiple databases accessed by a law enforcement agency that
designates a person as an associate or alleged member of a
gang, streetgang, or organization defined in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act, or
includes or points to information, including, but not limited
to, fact-based or uncorroborated information, that reflects a
designation of that person as a gang member.

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"Gang member" has the same meaning ascribed to the term in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
"Law enforcement agency" means an agency of this State or
unit of local government who is primarily responsible for the
detection, investigation, or prevention of crime and the
enforcement of the criminal laws of this State.
"Shared gang database" means a gang database that is
accessed by an agency or person outside of the agency that
created the records that populate the database.
Section 10. Requirements for use of gang databases and
shared gang databases. Each law enforcement agency who
maintains a gang database or has access to a shared gang
database shall have a policy regarding those databases. Each
policy shall be implemented on or before July 1, 2019, except
the requirements in paragraph (1) of this Section shall be
implemented as soon as practicable after the effective date of
this Act. The policy shall include, but not be limited to:
(1) that personnel authorized to access a gang database or
shared gang database are limited to sworn law enforcement
personnel, non-sworn law enforcement support personnel,
criminal justice entities, or non-criminal justice technical
or maintenance personnel, including information technology and
information security staff and contract employees, who have
been subject to character or security clearance and who have

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received approved training;
(2) any records contained in a gang database or shared gang
database shall not be disclosed, including, but not limited to,
for the following purposes: employment, education, licensing,
or housing, except that law enforcement and criminal justice
entities may use information contained in a gang database or
shared gang database for employment purposes, and records
contained in a gang database or shared gang database may be
disclosed to comply with federal law, for national security or
homeland security purposes, for military screening purposes,
or for other appropriate law enforcement purpose;
(3) security procedures; and
(4) the review and purge process from gang databases and
shared gang databases.
Section 105. The Code of Criminal Procedure of 1963 is
amended by adding Section 115-10.5a as follows:
(725 ILCS 5/115-10.5a new)
Sec. 115-10.5a. Admissibility of evidence concerning gang
databases.
(a) In this Section, "gang database", "gang member", and
"shared gang database" have the same meanings ascribed to those
terms as in Section 5 of the Law Enforcement Gang Database
Information Act.
(b) In all criminal cases, evidence which indicates the

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mere presence that the person was or is on a gang database or a
shared gang database is not admissible.
Section 999. Effective date. This Act takes effect upon
becoming law.".