Bill Text: IL HB3322 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: 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 that in all criminal cases, evidence which indicates the mere presence that the person was or is on a gang database or a shared gang database is not admissible. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0185 [HB3322 Detail]
Download: Illinois-2023-HB3322-Chaptered.html
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| Public Act 103-0185 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Law
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Enforcement Gang Database Information Act.
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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 accessed by a law | ||||
enforcement agency with the primary purpose to designate 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, not including law | ||||
enforcement agency case reports, dispatching notes, or | ||||
dispatch system records. | ||||
"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 that 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.
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Section 10. Requirements for use of gang databases and | ||
shared gang databases. Each law enforcement agency that | ||
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 January, 1, 2024, | ||
except the requirements in paragraph (1) 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 received approved | ||
training; | ||
(2) any records contained in a gang database, shared | ||
gang database, gang-related information in a law | ||
enforcement agency case report, gang-related information | ||
in a law enforcement agency dispatch note, or gang-related | ||
information in a law enforcement agency dispatch system | ||
record shall not be disclosed 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.
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Section 105. The Code of Criminal Procedure of 1963 is | ||
amended by adding Section 115-10.5a as follows:
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(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 | ||
mere presence that the person was or is on a gang database or a | ||
shared gang database is not admissible.
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