Full Text of HB2519 101st General Assembly
HB2519ham001 101ST GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 3/20/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2519
| 2 | | AMENDMENT NO. ______. Amend House Bill 2519 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Law
| 5 | | Enforcement Gang Database Information Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Gang" has the same meaning ascribed to the term in Section | 8 | | 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. | 9 | | "Gang database" means any database, or data maintained in | 10 | | multiple databases accessed by a law enforcement agency with | 11 | | the primary purpose to designate a person as an associate or | 12 | | alleged member of a gang, streetgang, or organization defined | 13 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 14 | | Prevention Act, or includes or points to information, | 15 | | including, but not limited to, fact-based or uncorroborated | 16 | | information, that reflects a designation of that person as a |
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| 1 | | gang member, not including law enforcement agency case reports, | 2 | | dispatching notes, or dispatch system records. | 3 | | "Gang member" has the same meaning ascribed to the term in | 4 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 5 | | Prevention Act. | 6 | | "Law enforcement agency" means an agency of this State or | 7 | | unit of local government that is primarily responsible for the | 8 | | detection, investigation, or prevention of crime and the | 9 | | enforcement of the criminal laws of this State. | 10 | | "Shared gang database" means a gang database that is | 11 | | accessed by an agency or person outside of the agency that | 12 | | created the records that populate the database. | 13 | | Section 10. Requirements for use of gang databases and | 14 | | shared gang databases. Each law enforcement agency that | 15 | | maintains a gang database or has access to a shared gang | 16 | | database shall have a policy regarding those databases. Each | 17 | | policy shall be implemented on or before July 1, 2019, except | 18 | | the requirements in paragraph (1) shall be implemented as soon | 19 | | as practicable after the effective date of this Act. The policy | 20 | | shall include, but not be limited to: | 21 | | (1) that personnel authorized to access a gang database or | 22 | | shared gang database are limited to sworn law enforcement | 23 | | personnel, non-sworn law enforcement support personnel, | 24 | | criminal justice entities, or non-criminal justice technical | 25 | | or maintenance personnel, including information technology and |
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| 1 | | information security staff and contract employees, who have | 2 | | been subject to character or security clearance and who have | 3 | | received approved training; | 4 | | (2) any records contained in a gang database, shared gang | 5 | | database, gang-related information in a law enforcement agency | 6 | | case report, gang-related information in a law enforcement | 7 | | agency dispatch note, or gang-related information in a law | 8 | | enforcement agency dispatch system record shall not be | 9 | | disclosed for the following purposes: employment, education, | 10 | | licensing, or housing, except that law enforcement and criminal | 11 | | justice entities may use information contained in a gang | 12 | | database or shared gang database for employment purposes, and | 13 | | records contained in a gang database or shared gang database | 14 | | may be disclosed to comply with federal law, for national | 15 | | security or homeland security purposes, for military screening | 16 | | purposes, or for other appropriate law enforcement purpose; | 17 | | (3) security procedures; and | 18 | | (4) the review and purge process from gang databases and | 19 | | shared gang databases. | 20 | | Section 105. The Code of Criminal Procedure of 1963 is | 21 | | amended by adding Section 115-10.5a as follows: | 22 | | (725 ILCS 5/115-10.5a new) | 23 | | Sec. 115-10.5a. Admissibility of evidence concerning gang | 24 | | databases. |
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| 1 | | (a) In this Section, "gang database", "gang member", and | 2 | | "shared gang database" have the same meanings ascribed to those | 3 | | terms as in Section 5 of the Law
Enforcement Gang Database | 4 | | Information Act. | 5 | | (b) In all criminal cases, evidence which indicates the | 6 | | mere presence that the person was or is on a gang database or a | 7 | | shared gang database is not admissible.
| 8 | | Section 999. Effective date. This Act takes effect upon | 9 | | becoming law.".
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