Sen. Michael Noland
Filed: 5/6/2011
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 3033 




2    AMENDMENT NO. ______. Amend House Bill 3033 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Criminal Justice Information Act 
5is amended  by changing Section 7 as follows:
 



6    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)


7    Sec. 7. Powers and Duties. The Authority shall have the 
8following
powers, duties and responsibilities:


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


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


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


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


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


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


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


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


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


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


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


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


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


24        (n) To enter into contracts and cooperate with units of 
25    general local
government outside of Illinois, other 
26    states' agencies, and private
organizations outside of 
 
 
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1    Illinois to provide computer software or design
that has 
2    been developed for the Illinois criminal justice system, or 
3    to
participate in the cooperative development or design of 
4    new software or
systems to be used by the Illinois criminal 
5    justice system.  Revenues
received as a result of such 
6    arrangements shall be deposited in the
Criminal Justice 
7    Information Systems Trust Fund.


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

12    of appeals and audits;


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


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


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


24        (s) To exercise the rights, powers and duties which 
25    have been vested
in the Authority by the "Illinois Uniform 
26    Conviction Information Act",
enacted by the 85th General 
 
 
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1    Assembly, as hereafter amended;


2        (t) To exercise the rights, powers and duties which 
3    have been vested
in the Authority by the Illinois Motor 
4    Vehicle Theft Prevention Act; and

5        (u) To exercise the rights, powers, and duties vested 
6    in the Authority by the Illinois Public Safety Agency 
7    Network Act; and .
8        (v) To provide technical assistance in the form of 
9    training to local governmental entities within Illinois 
10    requesting such assistance for the purposes of procuring 
11    grants for gang intervention and gang prevention programs 
12    or other criminal justice programs from the United States 
13    Department of Justice. 
14    The requirement for reporting to the General Assembly shall 
15be satisfied
by filing copies of the report with the Speaker, 
16the Minority Leader and
the Clerk of the House of 
17Representatives and the President, the Minority
Leader and the 
18Secretary of the Senate and the Legislative Research
Unit, as 
19required by Section 3.1 of "An Act to revise the law in 
20relation
to the General Assembly", approved February 25, 1874, 
21as amended, and
filing such additional copies with the State 
22Government Report Distribution
Center for the General Assembly 
23as is required under paragraph (t) of
Section 7 of the State 
24Library Act.

25(Source: P.A. 94-896, eff. 7-1-06.)".