Public Act 0798 103RD GENERAL ASSEMBLY

HB2323 Enrolled LRB103 28598 AWJ 54979 b

Public Act 103-0798

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Findings. The General Assembly finds:

(1) As data tracking is necessary to develop effective solutions to lower crime and to prioritize limited resources, an integrated and accurate data system will allow law enforcement agencies to better serve victims, to analyze responses, and to strive to eliminate racial disparities in the local and State responses to crime.

(2) Aside from allowing local prosecutors and police to calibrate their response to crime trends, updated data will allow State leaders and policymakers to effectively hone their legislative responses and to distribute resources to successful strategies.

(3) An integrated software system would better assist law enforcement agencies in keeping Illinois communities safe from crime.

Section 5. The Illinois Criminal Justice Information Act is amended by changing Section 7 and by adding Section 7.11 as follows:

(20 ILCS 3930/7) (from Ch. 38, par. 210-7)

Sec. 7. Powers and duties. The Authority shall have the following powers, duties, and responsibilities:

(a) To develop and operate comprehensive information systems for the improvement and coordination of all aspects of law enforcement, prosecution, and corrections;

(b) To define, develop, evaluate, and correlate State and local programs and projects associated with the improvement of law enforcement and the administration of criminal justice;

(c) To act as a central repository and clearing house for federal, state, and local research studies, plans, projects, proposals, and other information relating to all aspects of criminal justice system improvement and to encourage educational programs for citizen support of State and local efforts to make such improvements;

(d) To undertake research studies to aid in accomplishing its purposes;

(e) To monitor the operation of existing criminal justice information systems in order to protect the constitutional rights and privacy of individuals about whom criminal history record information has been collected;

(f) To provide an effective administrative forum for the protection of the rights of individuals concerning criminal history record information;

(g) To issue regulations, guidelines, and procedures which ensure the privacy and security of criminal history record information consistent with State and federal laws;

(h) To act as the sole administrative appeal body in the State of Illinois to conduct hearings and make final determinations concerning individual challenges to the completeness and accuracy of criminal history record information;

(i) To act as the sole, official, criminal justice body in the State of Illinois to conduct annual and periodic audits of the procedures, policies, and practices of the State central repositories for criminal history record information to verify compliance with federal and state laws and regulations governing such information;

(j) To advise the Authority's Statistical Analysis Center;

(k) To apply for, receive, establish priorities for, allocate, disburse, and spend grants of funds that are made available by and received on or after January 1, 1983 from private sources or from the United States pursuant to the federal Crime Control Act of 1973, as amended, and similar federal legislation, and to enter into agreements with the United States government to further the purposes of this Act, or as may be required as a condition of obtaining federal funds;

(l) To receive, expend, and account for such funds of the State of Illinois as may be made available to further the purposes of this Act;

(m) To enter into contracts and to cooperate with units of general local government or combinations of such units, State agencies, and criminal justice system agencies of other states for the purpose of carrying out the duties of the Authority imposed by this Act or by the federal Crime Control Act of 1973, as amended;

(n) To enter into contracts and cooperate with units of general local government outside of Illinois, other states' agencies, and private organizations outside of Illinois to provide computer software or design that has been developed for the Illinois criminal justice system, or to participate in the cooperative development or design of new software or systems to be used by the Illinois criminal justice system;

(o) To establish general policies concerning criminal justice information systems and to promulgate such rules, regulations, and procedures as are necessary to the operation of the Authority and to the uniform consideration of appeals and audits;

(p) To advise and to make recommendations to the Governor and the General Assembly on policies relating to criminal justice information systems;

(q) To direct all other agencies under the jurisdiction of the Governor to provide whatever assistance and information the Authority may lawfully require to carry out its functions;

(r) To exercise any other powers that are reasonable and necessary to fulfill the responsibilities of the Authority under this Act and to comply with the requirements of applicable State or federal law or regulation;

(s) To exercise the rights, powers, and duties which have been vested in the Authority by the Illinois Uniform Conviction Information Act;

(t) (Blank);

(u) To exercise the rights, powers, and duties vested in the Authority by the Illinois Public Safety Agency Network Act;

(v) To provide technical assistance in the form of training to local governmental entities within Illinois requesting such assistance for the purposes of procuring grants for gang intervention and gang prevention programs or other criminal justice programs from the United States Department of Justice;

(w) To conduct strategic planning and provide technical assistance to implement comprehensive trauma recovery services for violent crime victims in underserved communities with high levels of violent crime, with the goal of providing a safe, community-based, culturally competent environment in which to access services necessary to facilitate recovery from the effects of chronic and repeat exposure to trauma. Services may include, but are not limited to, behavioral health treatment, financial recovery, family support and relocation assistance, and support in navigating the legal system; and

(x) To coordinate statewide violence prevention efforts and assist in the implementation of trauma recovery centers and analyze trauma recovery services. The Authority shall develop, publish, and facilitate the implementation of a 4-year statewide violence prevention plan, which shall incorporate public health, public safety, victim services, and trauma recovery centers and services.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18; 100-575, eff. 1-8-18; 100-621, eff. 7-20-18; 100-1148, eff. 12-10-18.)

(20 ILCS 3930/7.11 new)

Sec. 7.11. Uniform Statewide Crime Statistics Task Force.

(a) The Illinois Criminal Justice Information Authority shall establish a Uniform Statewide Crime Statistics Task Force within 120 days after the effective date of this amendatory Act of the 103rd General Assembly.

(b) The Task Force shall include the following members appointed by the Executive Director of the Illinois Criminal Justice Information Authority:

(1) Up to 2 individuals representing the Illinois State Police.

(2) Up to 2 individuals from an organization representing State's Attorneys in Illinois.

(3) Up to 2 individuals from an organization representing Illinois chiefs of police.

(4) Up to 2 individuals from an organization representing sworn officers of Illinois law enforcement agencies.

(5) Up to 2 individuals representing the Office of Firearm Violence Prevention of the Department of Human Services.

(6) Up to 2 individuals from a membership organization whose mission is to stop domestic or firearm violence.

(7) Up to 2 individuals from the Office of the Secretary of State.

(8) Up to 2 individuals representing the Department of Innovation and Technology.

(9) Up to 2 individuals from a statewide organization exclusively representing retailers of all types and sizes.

(10) Up to 2 individuals representing the Department of Public Health.

(11) Up to 2 individuals representing the Illinois Criminal Justice Information Authority.

(12) Up to 2 individuals representing Illinois institutions of higher education working on Illinois crime statistics research.

(13) Up to 2 individuals from an organization representing Illinois sheriffs.

(14) Up to 2 individuals representing the Office of the Illinois Attorney General.

(15) Up to 2 individuals from an organization representing Illinois coroners and medical examiners.

(16) Up to 2 individuals from the Illinois Sentencing Policy Advisory Council.

The Executive Director of the Illinois Criminal Justice Information Authority, or the Executive Director's designee, shall serve as Chair of the Task Force. Members shall serve for the entirety of the Task Force without compensation. If a vacancy occurs in the Task Force membership, the vacancy shall be filled in the same manner as the original appointment for the entirety of the Task Force.

(c) The Illinois Criminal Justice Information Authority shall provide administrative and technical support to the Task Force.

(d) The Task Force shall meet at least quarterly to assist in the development and implementation of an integrated software system for gathering and publishing crime data from all law enforcement agencies throughout the State.

(e) The Task Force shall submit, no later than 18 months after the first convening of the Task Force, a final report to the Governor, General Assembly, and the Executive Director of the Illinois Criminal Justice Information Authority that shall include, at a minimum, recommendations on the development of the integrated software system, the estimated cost of the implementation and maintenance of the integrated software system, and protocols on accessing and updating the information that should be implemented.

(f) The Task Force is dissolved and this Section is repealed 2 years after the effective date of this amendatory Act of the 103rd General Assembly.