Sen. Linda Holmes

Filed: 3/26/2019

 

 


 

 


 
10100SB0585sam001LRB101 04347 AWJ 58515 a

1
AMENDMENT TO SENATE BILL 585

2    AMENDMENT NO. ______. Amend Senate Bill 585 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Library Records Confidentiality Act is
5amended by changing Section 1 and by adding Section 5 as
6follows:
 
7    (75 ILCS 70/1)  (from Ch. 81, par. 1201)
8    Sec. 1. (a) The registration and circulation records of a
9library are confidential information. No person shall publish
10or make any information contained in such records available to
11the public unless:
12        (1) required to do so under a court order; or
13        (2) the information is requested by a sworn law
14    enforcement officer who represents that it is impractical
15    to secure a court order as a result of an emergency where
16    the law enforcement officer has probable cause to believe

 

 

10100SB0585sam001- 2 -LRB101 04347 AWJ 58515 a

1    that there is an imminent danger of physical harm. The
2    information requested must be limited to identifying a
3    suspect, witness, or victim of a crime. The information
4    requested without a court order may not include the
5    disclosure of registration or circulation records that
6    would indicate materials borrowed, resources reviewed, or
7    services used at the library. If requested to do so by the
8    library, the requesting law enforcement officer must sign a
9    form acknowledging the receipt of the information. A
10    library providing the information may seek subsequent
11    judicial review to assess compliance with this Section.
12    This subsection shall not alter any right to challenge the
13use or dissemination of patron information that is otherwise
14permitted by law.
15    (a-5) A library may not put any part of a patron's last
16name on material that has been reserved by a patron to check
17out if the material can be viewed by other persons in the
18library.
19    (b) This Section does not prevent a library from publishing
20or making available to the public reasonable statistical
21reports regarding library registration and book circulation
22where those reports are presented so that no individual is
23identified therein.
24    (b-5) Nothing in this Section shall be construed as a
25privacy violation or a breach of confidentiality if a library
26provides information to a law enforcement officer under item

 

 

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1(2) of subsection (a).
2    (c) For the purpose of this Section, (i) "library" means
3any public library or library of an educational, historical or
4eleemosynary institution, organization or society; (ii)
5"registration records" includes any information a library
6requires a person to provide in order for that person to become
7eligible to borrow books and other materials and (iii)
8"circulation records" includes all information identifying the
9individual borrowing particular books or materials.
10(Source: P.A. 95-40, eff. 1-1-08.)
 
11    (75 ILCS 70/5 new)
12    Sec. 5. Violations. A person or entity that violates any
13provision of this Act commits a petty offense for which a fine
14of $100 may be imposed for each violation.".