Bill Text: IL SB0066 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Law Enforcement Gang Database Information Act. Provides that each law enforcement agency that maintains a gang database or has access to a shared gang database shall have a policy regarding those databases. Provides that 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. Defines terms. 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 3-0)

Status: (Introduced) 2019-03-28 - Rule 3-9(a) / Re-referred to Assignments [SB0066 Detail]

Download: Illinois-2019-SB0066-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0066

Introduced 1/23/2019, by Sen. Patricia Van Pelt

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

Creates the Law Enforcement Gang Database Information Act. Provides that each law enforcement agency that maintains a gang database or has access to a shared gang database shall have a policy regarding those databases. Provides that 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. Defines terms. 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.
LRB101 07110 SLF 52147 b

A BILL FOR

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

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1detection, investigation, or prevention of crime and the
2enforcement of the criminal laws of this State.
3 "Shared gang database" means a gang database that is
4accessed by an agency or person outside of the agency that
5created the records that populate the database.
6 Section 10. Requirements for use of gang databases and
7shared gang databases. Each law enforcement agency that
8maintains a gang database or has access to a shared gang
9database shall have a policy regarding those databases. Each
10policy shall be implemented on or before July 1, 2019, except
11the requirements in paragraph (1) shall be implemented as soon
12as practicable after the effective date of this Act. The policy
13shall include, but not be limited to:
14 (1) that personnel authorized to access a gang database or
15shared gang database are limited to sworn law enforcement
16personnel, non-sworn law enforcement support personnel,
17criminal justice entities, or non-criminal justice technical
18or maintenance personnel, including information technology and
19information security staff and contract employees, who have
20been subject to character or security clearance and who have
21received approved training;
22 (2) any records contained in a gang database, shared gang
23database, gang-related information in a law enforcement agency
24case report, gang-related information in a law enforcement
25agency dispatch note, or gang-related information in a law

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1enforcement agency dispatch system record shall not be
2disclosed for the following purposes: employment, education,
3licensing, or housing, except that law enforcement and criminal
4justice entities may use information contained in a gang
5database or shared gang database for employment purposes, and
6records contained in a gang database or shared gang database
7may be disclosed to comply with federal law, for national
8security or homeland security purposes, for military screening
9purposes, or for other appropriate law enforcement purpose;
10 (3) security procedures; and
11 (4) the review and purge process from gang databases and
12shared gang databases.
13 Section 105. The Code of Criminal Procedure of 1963 is
14amended by adding Section 115-10.5a as follows:
15 (725 ILCS 5/115-10.5a new)
16 Sec. 115-10.5a. Admissibility of evidence concerning gang
17databases.
18 (a) In this Section, "gang database", "gang member", and
19"shared gang database" have the same meanings ascribed to those
20terms as in Section 5 of the Law Enforcement Gang Database
21Information Act.
22 (b) In all criminal cases, evidence which indicates the
23mere presence that the person was or is on a gang database or a
24shared gang database is not admissible.

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