(20 ILCS 2640/1)
Sec. 1.
Short title.
This Article may be cited as the Statewide Organized Gang Database Act.
(Source: P.A. 87-932.)
(20 ILCS 2640/5)
Sec. 5. Definitions. As used in this Act:
“Director” means the Director of the Illinois State Police.
“Organized gang” has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
A “SWORD terminal” is an interactive computerized communication and
processing unit that permits a direct on-line communication with the Illinois
State Police’s central data repository, the Statewide
Organized Gang Database (SWORD).
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 2640/10)
Sec. 10. Duties of the Illinois State Police. The Illinois State Police 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 into SWORD;
(b) notify all law enforcement agencies that reports of arrested
organized gang members or organized gang affiliates shall be entered into
the database as soon as the minimum level of data specified by the Illinois State Police
is available to the reporting agency, and that no waiting period
for the entry of that data exists;
(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;
(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;
(e) compile and maintain a historic data repository relating to
organized gangs and their members and 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;
(f) create a quality control program regarding confirmation of organized
gang membership and organized gang affiliation data, timeliness and
accuracy of information entered into SWORD, and performance audits of all
entering agencies;
(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
(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. 102-538, eff. 8-20-21.)
(20 ILCS 2640/15)
Sec. 15.
Duties of local law enforcement agencies.
Local law
enforcement agencies who are members of the SWORD system 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) notify the prosecutor of the accused of the accused individual’s
gang membership or gang affiliate status.
(Source: P.A. 87-932.)
(20 ILCS 2640/20)
Sec. 20.
Interstate compact on gang information.
The Governor of this State is authorized to
enter into a compact on behalf of this State with any of the states of the
United States
legally joining that compact in a form substantially as follows:
This compact is entered into by the contracting States, signatories to this
compact,
with the consent of the Congress of the United States of America, granted by
“An Act granting the consent of Congress to any two or more states to enter
into agreements or compacts for cooperative effort and mutual assistance in
the prevention of crime and for other purposes”.
The contracting States agree as follows:
- (1) The duly constituted judicial and administrative authorities of a state that is a party to this compact may share information compiled by that state with another state that is a party to this compact concerning the names, addresses, arrest records, and conviction information of organized gang members and information concerning the activities of organized gangs.
- (2) A state that is a party to this compact may establish an interactive computerized communication and processing unit that permits direct on-line communication with a computer network of another state that is a party to this compact and contains the information described in paragraph (1).
- (3) The Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, may promulgate rules and regulations deemed necessary to carry out more effectively the terms of this compact.
- (4) This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified it shall have the full force and effect of law within that state. The form of ratification shall be in accordance with the laws of the ratifying state.
- (5) This compact shall continue in force and remain binding upon each ratifying State until renounced by it. Renunciation of this compact shall be by the same authority that ratified it by giving a 6-month notice in writing to the other contracting states of its intention to withdraw from the compact.
(Source: P.A. 88-548, eff. 1-1-95.)