SB0709 95TH GENERAL ASSEMBLY

LRB095 08565 HLH 28748 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0709

Introduced 2/8/2007, by Sen. Matt Murphy

SYNOPSIS AS INTRODUCED:

20 ILCS 2640/10
20 ILCS 2640/15

Amends the Statewide Organized Gang Database Act. Provides for reports of police contact with organized gang members or organized gang affiliates. Allows all State's Attorneys to access the database. Authorizes intergovernmental agreements. Requires all local law enforcement agencies to become members of the SWORD system.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Statewide Organized Gang Database Act is amended by changing Sections 10 and 15 as follows:

(20 ILCS 2640/10)

Sec. 10. Duties of the Department. The Department may:

(a) provide a uniform reporting format for the entry of pertinent information regarding the report of an arrested organized gang member or organized gang affiliate and the report of a police contact with an organized gang member or organized gang affiliate into SWORD;

(b) provide the opportunity for read only access to all Illinois State's Attorneys' offices;

(c) notify all law enforcement agencies that reports of arrested organized gang members or organized gang affiliates and reports of a police contact with organized gang members or organized gang affiliates shall be entered into the database as soon as the minimum level of data specified by the Department is available to the reporting agency, and that no waiting period for the entry of that data exists;

(d) (c) develop and implement a policy for notifying law enforcement agencies of the emergence of new organized gangs, or the change of a name or other identifying sign by an existing organized gang;

(e) (d) compile and retain information regarding organized gangs and their members and affiliates, in a manner that allows the information to be used by law enforcement and other agencies, deemed appropriate by the Director, for investigative purposes; the information shall include but not be limited to gang member contacts with law enforcement, gang contact card information, photographs of gang members' tattoos, gang graffiti, gang member associate information, and vehicle information of organized gang members;

(f) (e) compile and maintain a historic data repository relating to organized gangs and their members and affiliates and law enforcement contacts with organized gang members and their affiliates in order to develop and improve techniques utilized by law enforcement agencies and prosecutors in the investigation, apprehension, and prosecution of members and affiliates of organized gangs;

(g) (f) create a quality control program regarding confirmation of organized gang membership and organized gang affiliation data, and law enforcement organized gang member contact information, timeliness and accuracy of information entered into SWORD, and performance audits of all entering agencies;

(h) (g) locate all law enforcement agencies that could, in the opinion of the Director, benefit from access to SWORD, and notify them of its existence and their ability to participate in the Statewide Organized Gang Database, SWORD; further, the Department is authorized to enter into intergovernmental agreements with local law enforcement agencies to participate and advance the purposes of this Act; and

(i) (h) cooperate with all law enforcement agencies wishing to gain access to the SWORD system, and facilitate their entry into the system and their continued maintenance of access to it.

(Source: P.A. 87-932.)

(20 ILCS 2640/15)

Sec. 15. Duties of local law enforcement agencies. All local Local law enforcement agencies shall become who are members of the SWORD system and shall may:

(a) after carrying out any arrest of any individual whom they believe to be a member or affiliate of an organized gang, create or update that individual's electronic file within the SWORD system; and

(b) after any law enforcement officer of the agency has contact with any individual whom they believe to be a member or affiliate of an organized gang, create or update that individual's electronic file within the SWORD system; and

(c) notify the prosecutor of the accused of the accused individual's gang membership or gang affiliate status.

(Source: P.A. 87-932.)