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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. | ||||
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. | ||
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. | ||
Section 105. The Code of Criminal Procedure of 1963 is | ||
amended by adding Section 115-10.5a as follows: | ||
(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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Section 999. Effective date. This Act takes effect upon | ||
becoming law. | ||