Full Text of SB2228 99th General Assembly
SB2228ham002 99TH GENERAL ASSEMBLY | Rep. Ron Sandack Filed: 5/10/2016
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| 1 | | AMENDMENT TO SENATE BILL 2228
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2228 on page 1, by | 3 | | replacing line 5 with the following: | 4 | | "changing Sections 5 and 5.2 as follows:
| 5 | | (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
| 6 | | Sec. 5. Arrest reports. All policing bodies of this State | 7 | | shall furnish to the Department,
daily, in the form and detail | 8 | | the Department requires, fingerprints,
descriptions, and | 9 | | ethnic and racial background data as provided in Section 4.5 of | 10 | | this Act of all persons who are arrested on charges of | 11 | | violating any penal
statute of this State for offenses that are | 12 | | classified as felonies and Class
A or B misdemeanors , and of | 13 | | all minors of the age of 10 and over who have been
arrested for | 14 | | an offense which would be a felony if committed by an adult, | 15 | | all municipal ordinance or unit of local government ordinance | 16 | | violations involving cannabis offenses, and all civil law
| 17 | | violations involving possession of 10 grams or less of |
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| 1 | | cannabis, and
may forward such fingerprints and descriptions | 2 | | for minors arrested for Class A
or B misdemeanors. Moving or | 3 | | nonmoving traffic violations under the Illinois
Vehicle Code | 4 | | shall not be reported except for violations of Chapter 4, | 5 | | Section
11-204.1, or Section 11-501 of that Code. In addition, | 6 | | conservation offenses,
as defined in the Supreme Court Rule | 7 | | 501(c), that are classified as Class B
misdemeanors shall not | 8 | | be reported. Those law enforcement records maintained by the | 9 | | Department for minors arrested for an offense prior to their | 10 | | 17th birthday, or minors arrested for a non-felony offense, if | 11 | | committed by an adult, prior to their 18th birthday, shall not | 12 | | be forwarded to the Federal Bureau of Investigation unless | 13 | | those records relate to an arrest in which a minor was charged | 14 | | as an adult under any of the transfer provisions of the | 15 | | Juvenile Court Act of 1987.
| 16 | | (Source: P.A. 98-528, eff. 1-1-15 .)"; and
| 17 | | on page 6, by replacing lines 6 through 26 with the following: | 18 | | " (2.5) Department of State Police records of a person | 19 | | found to have committed 1 or 2 civil law violation offenses | 20 | | under subsection (a) of Section 4 of the Cannabis Control | 21 | | Act or subsection
(c) of Section 3.5 of the Drug | 22 | | Paraphernalia Control Act or similar municipal ordinance | 23 | | or unit of local government ordinance violation offenses, | 24 | | within a one-year period, but not having had committed a | 25 | | third
offense, which contain the final satisfactory |
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| 1 | | disposition which
pertain to the person issued a citation | 2 | | for that offense shall be reported to the appropriate | 3 | | circuit clerks
for automatic expungement of the 1 or 2 | 4 | | offenses in one year on January 1 following the 1 or 2 | 5 | | offenses. "; and | 6 | | on page 7, by deleting lines 1 through 5; and | 7 | | on page 173, by replacing lines 13 through 15 with the | 8 | | following: | 9 | | "containing cannabis is guilty of a civil law violation | 10 | | punishable by a
minimum fine of $100 and a maximum fine of $200 | 11 | | for a first or second offense. A third or subsequent offense | 12 | | committed under this subsection (a) is a Class C misdemeanor. | 13 | | The proceeds of the
fine shall by payable to the "; and | 14 | | on page 174, line 18, by inserting after " Fund " the following: | 15 | | " . | 16 | | All civil law violations shall be reported to the | 17 | | Department of State Police who shall keep those records | 18 | | under Section 5 of the Criminal Identification Act "; and | 19 | | on page 176, line 15, after " Act. ", by inserting " All | 20 | | violations of an ordinance imposing a fine upon cannabis shall | 21 | | be reported to the Department of State Police who shall keep | 22 | | those records under Section 5 of the Criminal Identification |
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| 1 | | Act. ".
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