Illinois General Assembly - Full Text of SB0275
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Full Text of SB0275  100th General Assembly


Sen. Patricia Van Pelt

Filed: 5/29/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 275 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Law
5Enforcement Gang Database Information Act.
6    Section 5. Definitions. In this Act:
7    "Gang" has the same meaning ascribed to the term in Section
810 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
9    "Gang database" means any database, or data maintained in
10multiple databases accessed by a law enforcement agency with
11the primary purpose to designate a person as an associate or
12alleged member of a gang, streetgang, or organization defined
13in Section 10 of the Illinois Streetgang Terrorism Omnibus
14Prevention Act, or includes or points to information,
15including, but not limited to, fact-based or uncorroborated
16information, that reflects a designation of that person as a



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1gang member, not including law enforcement agency case reports,
2dispatching notes, or dispatch system records.
3    "Gang member" has the same meaning ascribed to the term in
4Section 10 of the Illinois Streetgang Terrorism Omnibus
5Prevention Act.
6    "Law enforcement agency" means an agency of this State or
7unit of local government who is primarily responsible for the
8detection, investigation, or prevention of crime and the
9enforcement of the criminal laws of this State.
10    "Shared gang database" means a gang database that is
11accessed by an agency or person outside of the agency that
12created the records that populate the database.
13    Section 10. Requirements for use of gang databases and
14shared gang databases. Each law enforcement agency who
15maintains a gang database or has access to a shared gang
16database shall have a policy regarding those databases. Each
17policy shall be implemented on or before July 1, 2019, except
18the requirements in paragraph (1) of this Section shall be
19implemented as soon as practicable after the effective date of
20this Act. The policy shall include, but not be limited to:
21    (1) that personnel authorized to access a gang database or
22shared gang database are limited to sworn law enforcement
23personnel, non-sworn law enforcement support personnel,
24criminal justice entities, or non-criminal justice technical
25or maintenance personnel, including information technology and



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1information security staff and contract employees, who have
2been subject to character or security clearance and who have
3received approved training;
4    (2) any records contained in a gang database, shared gang
5database, gang-related information in a law enforcement agency
6case report, gang-related information in a law enforcement
7agency dispatch note, or gang-related information in a law
8enforcement agency dispatch system record shall not be
9disclosed, including, but not limited to, for the following
10purposes: employment, education, licensing, or housing, except
11that law enforcement and criminal justice entities may use
12information contained in a gang database or shared gang
13database for employment purposes, and records contained in a
14gang database or shared gang database may be disclosed to
15comply with federal law, for national security or homeland
16security purposes, for military screening purposes, or for
17other appropriate law enforcement purpose;
18    (3) security procedures; and
19    (4) the review and purge process from gang databases and
20shared gang databases.
21    Section 105. The Code of Criminal Procedure of 1963 is
22amended by adding Section 115-10.5a as follows:
23    (725 ILCS 5/115-10.5a new)
24    Sec. 115-10.5a. Admissibility of evidence concerning gang



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2    (a) In this Section, "gang database", "gang member", and
3"shared gang database" have the same meanings ascribed to those
4terms as in Section 5 of the Law Enforcement Gang Database
5Information Act.
6    (b) In all criminal cases, evidence which indicates the
7mere presence that the person was or is on a gang database or a
8shared gang database is not admissible.
9    Section 999. Effective date. This Act takes effect upon
10becoming law.".