HB4623ham001 102ND GENERAL ASSEMBLY

Rep. Denyse Wang Stoneback

Filed: 2/15/2022

10200HB4623ham001 LRB102 20639 RLC 36295 a

AMENDMENT TO HOUSE BILL 4623

AMENDMENT NO. ______. Amend House Bill 4623 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Expansion and Support of NIBIN and Other Ballistic Technology Partnerships Funding Program Act.

Section 3. Purposes; intent.

(a) The General Assembly finds that:

(1) The reduction of firearms-related crime is an urgent necessity in the State of Illinois.

(2) The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has created the National Integrated Ballistic Information Network (NIBIN) program as a partnership with state and local law enforcement agencies.

(3) Use of ballistic imaging and comparison equipment allows state and local police agencies and forensic laboratories to conduct an initial comparison of thousands of pieces of crime firearm evidence in seconds, and this capability alerts firearms examiners to potential links between crimes not otherwise known to be related.

(4) NIBIN is a vital component in the investigation and reduction of firearm crimes, and has resulted in the apprehension of armed violent criminals, the interruption of interstate illegal firearm trafficking networks, and the successful prosecutions of offenders.

(5) The NIBIN program enables agencies to pool their evidence and to work together more effectively against criminals operating in multiple jurisdictions.

(6) NIBIN partner agencies not able to make maximum use of the program have given lack of available funding as a reason.

(7) Public Act 102-237 requires any law enforcement agency to submit the evidence for NIBIN processing whenever it recovers any fired cartridge case at a crime scene or has reason to believe that the recovered fired cartridge case is related to or associated with the commission of a crime or the unlawful discharge of a firearm, and whenever a law enforcement agency seizes or recovers a crime firearm deemed suitable to be entered into the NIBIN and upon receipt at the laboratory with NIBIN access, the evidence and test fires shall be entered into the NIBIN system within 2 business days, or as soon as practicable.

(8) The enactment of this Act will increase the number of NIBIN entries that are made by law enforcement, and the urgency with which entries must be made.

(9) Maximum benefits of the NIBIN program can be achieved through the timely and consistent processing of crime firearm test fires and ballistic evidence by the law enforcement agencies, and the sharing of NIBIN equipment, facilities, and intelligence can help bring about this result.

(10) Other ballistic technologies can feed into the national database and may be less expensive and more cost-effective for law enforcement agencies to adopt.

(11) Traditional ballistic analysis has limitations, and advancements in forensic ballistics are needed to allow law enforcement to more accurately and quickly identify and trace crime guns.

(b) It is the intent of the General Assembly to create a grant program to bring support to existing NIBIN centers, expand the NIBIN program, explore the best and most cost-effective ballistic technologies, expand use of forensic ballistic technologies in general, improve upon current ballistic technology, and encourage sharing of crime gun intelligence and ballistic information among law enforcement agencies in Illinois.

Section 5. Definitions. In this Act:

"Crime firearm" means any firearm used in crime or suspected to have been used in a crime, including any firearm:

(1) unlawfully possessed;

(2) used for any unlawful purpose;

(3) recovered from the scene of a crime;

(4) reasonably believed to have been used or associated with the commission of a crime; or

(5) acquired by a law enforcement agency as an abandoned or discarded firearm.

"Law enforcement agency" means an agency of this State or unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances or with managing custody of detained persons.

"NIBIN" means the National Integrated Ballistics Information Network.

"Sharing partner agency" means any State or local law enforcement agency that engages in partnerships with at least 5 other State or local law enforcement agencies, or both, to offer and make available its NIBIN or other ballistic facilities or equipment, or both, for processing of crime firearm test fires and ballistic evidence.

Section 10. Grants for sharing partner agencies. Subject to appropriation, the State Comptroller shall direct and the State Treasurer shall transfer $5,000,000 from the General Revenue Fund to the Illinois Criminal Justice Information Authority to establish a grant program for sharing partner agencies in Illinois. The Illinois Criminal Justice Information Authority shall award:

(1) support grants between $50,000 to $150,000, for the support of existing NIBIN or other ballistic facilities, or crime gun intelligence centers, that are shared with at least 5 other law enforcement agencies. These grants may be used for contract operator support, equipment for safe test firing of crime firearms, ammunition for test firing, maintenance fees, any warranty which may cover system upgrades, maintenance, and repairs; and

(2) expansion grants between $100,000 to $500,000 to law enforcement agencies to assist them with the establishment of NIBIN or other ballistic technology centers that can be shared among law enforcement agencies. These grants may be used for costs associated with:

(A) the relocation or transfer of equipment, or both, to a space where NIBIN facilities can be shared among multiple law enforcement agencies;

(B) the construction or renovation, or both, of a building to house NIBIN or other ballistic technology equipment to be shared among multiple law enforcement agencies; or

(C) the establishment of ballistic technology centers to analyze and study advancements in ballistic imaging technology to be used as an additional resource for law enforcement that will directly support, reinforce, and enhance traditional ballistics analysis and tracing efforts, including, but not limited to, equipment or machinery and the hiring of forensic experts, consultants, or personnel, or both consultants and personnel, to assist with the establishment of the center and the study and analysis of advancement in forensic ballistic technology.

Section 15. Administration and restrictions. The grant program shall be administered by the Illinois Criminal Justice Information Authority and the grant funds shall only be used for the purposes provided for in this Act.

Section 20. Education and training. Education and training associated with NIBIN and other ballistic technology centers in Illinois shall be included in the program.

Section 25. Grant application and participation. The Illinois Criminal Justice Information Authority shall establish the objectives and provide direction for the program's grant application process, by which qualified law enforcement agencies may apply to receive funds. Law enforcement agencies participating in the grant program must make their NIBIN or other ballistic technology facilities available to at least 5 other law enforcement agencies at no cost for a minimum of 40 hours per week. All grants under this program must be awarded on or before June 30, 2023. Law enforcement agencies that have been awarded grant funds under the program must use the funds within 2 years after receipt. If the law enforcement agency does not use the grant funds within that period, the law enforcement agency must return any unspent grant funds to the State treasury.

Section 30. Data collection. The grant recipients shall collect data and furnish it to the Illinois Criminal Justice Information Authority, which shall prepare an annual report to the General Assembly regarding the use and impact of the grant program, including, but not limited to:

(1) the number of grant recipients;

(2) NIBIN entries of ballistic evidence and test fires at each grant recipient NIBIN center;

(3) NIBIN leads generated by each grant recipient's NIBIN center;

(4) the number of agencies that have submitted evidence to the NIBIN grant recipient's center; and

(5) each type of ballistic technology used, the leads generated, the impact of the specific ballistic technology, and its potential for development and expansion. Data collection must be comprehensive and follow the guidelines and best practices provided by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the National Crime Firearm Intelligence Governing Board.

Section 35. Repealer. This Act is repealed January 1, 2024.

Section 90. The Illinois Criminal Justice Information Act is amended by changing Section 7 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 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; and .

(y) To administer the Expansion and Support of NIBIN and Other Ballistic Technology Partnerships Funding Program Act.

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.)

Section 99. Effective date. This Act takes effect upon becoming law.".