Sec. 24-8. Firearm evidence.
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/il/chapter-720/act-5/24-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 24-8. Firearm evidence.
(a)Upon seizing or taking into custody a firearm that was
(i)unlawfully possessed,
(ii)used for any unlawful purpose,
(iii)recovered from the scene of a crime, or
(iv)reasonably believed to have been used or associated with the commission of a crime, or when a firearm is acquired by the law enforcement agency as an abandoned, lost, or discarded firearm, a law enforcement agency shall use the best available information, including a firearms trace, to determine how and from whom the person gained possession of the firearm and to determine prior ownership of the firearm.
(b)Law enforcement shall use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the National Crime Information Center of the Federal Bureau of Investigation in complying with subsection
(a)of this Section.
(b-5) Law enforcement shall use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives' eTrace platform or successor platform in complying with subsection (a). Law enforcement shall participate in the National Tracing Center of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives' eTrace platform or successor platform's collective data sharing program for the purpose of sharing firearm trace reports among all law enforcement agencies in this State on a reciprocal basis.
(c)Law enforcement agencies shall use the Illinois State Police Law Enforcement Agencies Data System (LEADS) Gun File to enter all stolen, seized, or recovered firearms as prescribed by LEADS regulations and policies.
(d)Whenever a law enforcement agency recovers a fired cartridge case at a crime scene or has reason to believe that the recovered fired cartridge case is related to or associated with the commission of a crime, the law enforcement agency shall submit the evidence to the National Integrated Ballistics Information Network (NIBIN) or an Illinois State Police laboratory for NIBIN processing. Whenever a law enforcement agency seizes or recovers a semiautomatic firearm that is deemed suitable to be entered into the NIBIN that was:
(i)unlawfully possessed,
(ii)used for any unlawful purpose,
(iii)recovered from the scene of a crime,
(iv)is reasonably believed to have been used or associated with the commission of a crime, or
(v)is acquired by the law enforcement agency as an abandoned or discarded firearm, the law enforcement agency shall submit the evidence to the NIBIN or an Illinois State Police laboratory for NIBIN processing. When practicable, all NIBIN-suitable evidence and NIBIN-suitable test fires from recovered firearms shall be entered into the NIBIN within 2 business days of submission to Illinois State Police laboratories that have NIBIN access or another NIBIN site. Exceptions to this may occur if the evidence in question requires analysis by other forensic disciplines. The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement. Illinois State Police laboratories that do not have NIBIN access shall submit NIBIN-suitable evidence and test fires to an Illinois State Police laboratory with NIBIN access. Upon receipt at the laboratory with NIBIN access, when practicable, the evidence and test fires shall be entered into the NIBIN within 2 business days. Exceptions to this 2 business-day requirement may occur if the evidence in question requires analysis by other forensic disciplines. The Illinois State Police laboratory, submitting agency, and relevant court representatives shall determine whether the request for additional analysis outweighs the 2 business-day requirement. Nothing in this Section shall be interpreted to conflict with standards and policies for NIBIN sites as promulgated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives or successor agencies.