HB0169 EngrossedLRB099 00239 RLC 20244 b

1    AN ACT concerning arrest records.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Records Act is amended by changing
5Sections 4a and 17 as follows:
 
6    (5 ILCS 160/4a)
7    Sec. 4a. Arrest records and reports.
8    (a) When an individual is arrested, the following
9information must be made available to the news media for
10inspection and copying:
11        (1) Information that identifies the individual,
12    including the name, age, address, and photograph, when and
13    if available.
14        (2) Information detailing any charges relating to the
15    arrest.
16        (3) The time and location of the arrest.
17        (4) The name of the investigating or arresting law
18    enforcement agency.
19        (5) If the individual is incarcerated, the amount of
20    any bail or bond.
21        (6) If the individual is incarcerated, the time and
22    date that the individual was received, discharged, or
23    transferred from the arresting agency's custody.

 

 

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1    (b) The information required by this Section must be made
2available to the news media for inspection and copying as soon
3as practicable, but in no event shall the time period exceed 72
4hours from the arrest. The information described in paragraphs
5(3), (4), (5), and (6) of subsection (a), however, may be
6withheld if it is determined that disclosure would:
7        (1) interfere with pending or actually and reasonably
8    contemplated law enforcement proceedings conducted by any
9    law enforcement or correctional agency;
10        (2) endanger the life or physical safety of law
11    enforcement or correctional personnel or any other person;
12    or
13        (3) compromise the security of any correctional
14    facility.
15    (c) For the purposes of this Section, the term "news media"
16means personnel of a newspaper or other periodical issued at
17regular intervals whether in print or electronic format, a news
18service whether in print or electronic format, a radio station,
19a television station, a television network, a community antenna
20television service, or a person or corporation engaged in
21making news reels or other motion picture news for public
22showing.
23    (d) Each law enforcement or correctional agency may charge
24fees for arrest records, but in no instance may the fee exceed
25the actual cost of copying and reproduction. The fees may not
26include the cost of the labor used to reproduce the arrest

 

 

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1record.
2    (e) The provisions of this Section do not supersede the
3confidentiality provisions for arrest records of the Juvenile
4Court Act of 1987.
5    (f) All information, including photographs, made available
6under this Section is subject to the provisions of Section 2QQQ
7of the Consumer Fraud and Deceptive Business Practices Act.
8(Source: P.A. 98-555, eff. 1-1-14.)
 
9    (5 ILCS 160/17)  (from Ch. 116, par. 43.20)
10    Sec. 17. (a) Regardless of other authorization to the
11contrary, except as otherwise provided in subsection (b) of
12this Section, no record shall be disposed of by any agency of
13the State, unless approval of the State Records Commission is
14first obtained. The Commission shall issue regulations, not
15inconsistent with this Act, which shall be binding on all
16agencies. Such regulations shall establish procedures for
17compiling and submitting to the Commission lists and schedules
18of records proposed for disposal; procedures for the physical
19destruction or other disposition of records proposed for
20disposal; and standards for the reproduction of records by
21digital, photographic, or microphotographic processes with the
22view to the disposal of the original records. Such standards
23shall relate to the electronic digital process and format,
24quality of film used, preparation of the records for
25reproduction, proper identification matter on the records so

 

 

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1that an individual document or series of documents can be
2located on the film or electronic medium with reasonable
3facility, and that the copies contain all significant record
4detail, to the end that the photographic, microphotographic, or
5digital copies will be adequate.
6    Such regulations shall also provide that the State
7archivist may retain any records which the Commission has
8authorized to be destroyed, where they have a historical value,
9and that the State archivist may deposit them in the State
10Archives or State Historical Library or with a historical
11society, museum or library.
12    (b) Upon request from a chief of police, county sheriff, or
13State's Attorney, if a person has been arrested for a criminal
14offense and an investigation reveals that the person arrested
15was not in fact the individual the arresting officer believed
16him or her to be, the law enforcement agency whose officers
17made the arrest shall delete or retract the arrest records of
18that person whom the investigation revealed as not the
19individual the arresting officer believed him or her to be. In
20this subsection (b):
21        "Arrest records" are as described in Section 4a of this
22    Act.
23        "Law enforcement agency" means an agency of this State
24    which is vested by law or ordinance with the duty to
25    maintain public order and to enforce criminal laws or
26    ordinances.

 

 

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1(Source: P.A. 92-866, eff. 1-3-03.)
 
2    Section 10. The Local Records Act is amended by changing
3Sections 3b and 4 as follows:
 
4    (50 ILCS 205/3b)
5    Sec. 3b. Arrest records and reports.
6    (a) When an individual is arrested, the following
7information must be made available to the news media for
8inspection and copying:
9        (1) Information that identifies the individual,
10    including the name, age, address, and photograph, when and
11    if available.
12        (2) Information detailing any charges relating to the
13    arrest.
14        (3) The time and location of the arrest.
15        (4) The name of the investigating or arresting law
16    enforcement agency.
17        (5) If the individual is incarcerated, the amount of
18    any bail or bond.
19        (6) If the individual is incarcerated, the time and
20    date that the individual was received, discharged, or
21    transferred from the arresting agency's custody.
22    (b) The information required by this Section must be made
23available to the news media for inspection and copying as soon
24as practicable, but in no event shall the time period exceed 72

 

 

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1hours from the arrest. The information described in paragraphs
2(3), (4), (5), and (6) of subsection (a), however, may be
3withheld if it is determined that disclosure would:
4        (1) interfere with pending or actually and reasonably
5    contemplated law enforcement proceedings conducted by any
6    law enforcement or correctional agency;
7        (2) endanger the life or physical safety of law
8    enforcement or correctional personnel or any other person;
9    or
10        (3) compromise the security of any correctional
11    facility.
12    (c) For the purposes of this Section the term "news media"
13means personnel of a newspaper or other periodical issued at
14regular intervals whether in print or electronic format, a news
15service whether in print or electronic format, a radio station,
16a television station, a television network, a community antenna
17television service, or a person or corporation engaged in
18making news reels or other motion picture news for public
19showing.
20    (d) Each law enforcement or correctional agency may charge
21fees for arrest records, but in no instance may the fee exceed
22the actual cost of copying and reproduction. The fees may not
23include the cost of the labor used to reproduce the arrest
24record.
25    (e) The provisions of this Section do not supersede the
26confidentiality provisions for arrest records of the Juvenile

 

 

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1Court Act of 1987.
2    (f) All information, including photographs, made available
3under this Section is subject to the provisions of Section 2QQQ
4of the Consumer Fraud and Deceptive Business Practices Act.
5(Source: P.A. 98-555, eff. 1-1-14.)
 
6    (50 ILCS 205/4)  (from Ch. 116, par. 43.104)
7    Sec. 4. (a) Except as otherwise provided in subsection (b)
8of this Section, all All public records made or received by, or
9under the authority of, or coming into the custody, control or
10possession of any officer or agency shall not be mutilated,
11destroyed, transferred, removed or otherwise damaged or
12disposed of, in whole or in part, except as provided by law.
13Any person who knowingly, without lawful authority and with the
14intent to defraud any party, public officer, or entity, alters,
15destroys, defaces, removes, or conceals any public record
16commits a Class 4 felony.
17    Court records filed with the clerks of the Circuit Court
18shall be destroyed in accordance with the Supreme Court's
19General Administrative Order on Recordkeeping in the Circuit
20Courts. The clerks of the Circuit Courts shall notify the
21Supreme Court, in writing, specifying case records or other
22documents which they intend to destroy. The Supreme Court shall
23review the schedule of items to be destroyed and notify the
24appropriate Local Records Commission of the Court's intent to
25destroy such records. The Local Records Commission, within 90

 

 

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1days after receipt of the Supreme Court's notice, may undertake
2to photograph, microphotograph, or digitize electronically any
3or all such records and documents, or, in the alternative, may
4transport such original records to the State Archives or other
5storage location under its supervision.
6    The Archivist may accept for deposit in the State Archives
7or regional depositories official papers, drawings, maps,
8writings and records of every description of counties,
9municipal corporations, political subdivisions and courts of
10this State, when such materials are deemed by the Archivist to
11have sufficient historical or other value to warrant their
12continued preservation by the State of Illinois.
13    The officer or clerk depositing such records may, upon
14request, obtain from the Archivist, without charge, a certified
15copy or reproduction of any specific record, paper or document
16when such record, paper or document is required for public use.
17    (b) Upon request from a chief of police, county sheriff, or
18State's Attorney, if a person has been arrested for a criminal
19offense and an investigation reveals that the person arrested
20was not in fact the individual the arresting officer believed
21him or her to be, the law enforcement agency whose officers
22made the arrest shall delete or retract the arrest records of
23that person whom the investigation revealed as not the
24individual the arresting officer believed him or her to be. In
25this subsection (b):
26        "Arrest records" are as described in Section 3b of this

 

 

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1    Act.
2        "Law enforcement agency" means an agency of a unit of
3    local government which is vested by law or ordinance with
4    the duty to maintain public order and to enforce criminal
5    laws or ordinances.
6(Source: P.A. 98-1063, eff. 1-1-15.)