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Public Act 103-0185
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| HB3322 Enrolled | LRB103 30247 RLC 56675 b |
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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 |
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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 |
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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 |