Bill Amendment: IL HB2519 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATEWIDE GANG DATABASE-REPEAL
Status: 2021-01-10 - Placed on Calendar Order of 3rd Reading January 11, 2021 [HB2519 Detail]
Download: Illinois-2019-HB2519-House_Amendment_001.html
Bill Title: STATEWIDE GANG DATABASE-REPEAL
Status: 2021-01-10 - Placed on Calendar Order of 3rd Reading January 11, 2021 [HB2519 Detail]
Download: Illinois-2019-HB2519-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2519
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2 | AMENDMENT NO. ______. Amend House Bill 2519 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Law
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5 | Enforcement Gang Database Information Act.
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6 | Section 5. Definitions. In this Act: | ||||||
7 | "Gang" has the same meaning ascribed to the term in Section | ||||||
8 | 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||||||
9 | "Gang database" means any database, or data maintained in | ||||||
10 | multiple databases accessed by a law enforcement agency with | ||||||
11 | the primary purpose to designate a person as an associate or | ||||||
12 | alleged member of a gang, streetgang, or organization defined | ||||||
13 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
14 | Prevention Act, or includes or points to information, | ||||||
15 | including, but not limited to, fact-based or uncorroborated | ||||||
16 | information, that reflects a designation of that person as a |
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1 | gang member, not including law enforcement agency case reports, | ||||||
2 | dispatching notes, or dispatch system records. | ||||||
3 | "Gang member" has the same meaning ascribed to the term in | ||||||
4 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
5 | Prevention Act. | ||||||
6 | "Law enforcement agency" means an agency of this State or | ||||||
7 | unit of local government that is primarily responsible for the | ||||||
8 | detection, investigation, or prevention of crime and the | ||||||
9 | enforcement of the criminal laws of this State. | ||||||
10 | "Shared gang database" means a gang database that is | ||||||
11 | accessed by an agency or person outside of the agency that | ||||||
12 | created the records that populate the database.
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13 | Section 10. Requirements for use of gang databases and | ||||||
14 | shared gang databases. Each law enforcement agency that | ||||||
15 | maintains a gang database or has access to a shared gang | ||||||
16 | database shall have a policy regarding those databases. Each | ||||||
17 | policy shall be implemented on or before July 1, 2019, except | ||||||
18 | the requirements in paragraph (1) shall be implemented as soon | ||||||
19 | as practicable after the effective date of this Act. The policy | ||||||
20 | shall include, but not be limited to: | ||||||
21 | (1) that personnel authorized to access a gang database or | ||||||
22 | shared gang database are limited to sworn law enforcement | ||||||
23 | personnel, non-sworn law enforcement support personnel, | ||||||
24 | criminal justice entities, or non-criminal justice technical | ||||||
25 | or maintenance personnel, including information technology and |
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1 | information security staff and contract employees, who have | ||||||
2 | been subject to character or security clearance and who have | ||||||
3 | received approved training; | ||||||
4 | (2) any records contained in a gang database, shared gang | ||||||
5 | database, gang-related information in a law enforcement agency | ||||||
6 | case report, gang-related information in a law enforcement | ||||||
7 | agency dispatch note, or gang-related information in a law | ||||||
8 | enforcement agency dispatch system record shall not be | ||||||
9 | disclosed for the following purposes: employment, education, | ||||||
10 | licensing, or housing, except that law enforcement and criminal | ||||||
11 | justice entities may use information contained in a gang | ||||||
12 | database or shared gang database for employment purposes, and | ||||||
13 | records contained in a gang database or shared gang database | ||||||
14 | may be disclosed to comply with federal law, for national | ||||||
15 | security or homeland security purposes, for military screening | ||||||
16 | purposes, or for other appropriate law enforcement purpose; | ||||||
17 | (3) security procedures; and | ||||||
18 | (4) the review and purge process from gang databases and | ||||||
19 | shared gang databases.
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20 | Section 105. The Code of Criminal Procedure of 1963 is | ||||||
21 | amended by adding Section 115-10.5a as follows:
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22 | (725 ILCS 5/115-10.5a new) | ||||||
23 | Sec. 115-10.5a. Admissibility of evidence concerning gang | ||||||
24 | databases. |
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1 | (a) In this Section, "gang database", "gang member", and | ||||||
2 | "shared gang database" have the same meanings ascribed to those | ||||||
3 | terms as in Section 5 of the Law
Enforcement Gang Database | ||||||
4 | Information Act. | ||||||
5 | (b) In all criminal cases, evidence which indicates the | ||||||
6 | mere presence that the person was or is on a gang database or a | ||||||
7 | shared gang database is not admissible.
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8 | Section 999. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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