Full Text of HB4230 100th General Assembly
HB4230ham001 100TH GENERAL ASSEMBLY | Rep. C.D. Davidsmeyer Filed: 4/2/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4230
| 2 | | AMENDMENT NO. ______. Amend House Bill 4230 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Records Act is amended by changing | 5 | | Section 4a as follows:
| 6 | | (5 ILCS 160/4a)
| 7 | | Sec. 4a. Arrest records and reports.
| 8 | | (a) When an individual is charged under a traffic or | 9 | | conservation citation and complaint issued by the arresting | 10 | | officer or arraigned after a formal complaint, information, or | 11 | | indictment is filed by the prosecutor arrested , the following | 12 | | information must
be made available to the news media for | 13 | | inspection and copying:
| 14 | | (1) Information that identifies the individual,
| 15 | | including the name, age, address, and photograph, when and | 16 | | if available.
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| 1 | | (2) Information detailing any charges relating to the | 2 | | arrest.
| 3 | | (3) The time and location of the arrest.
| 4 | | (4) The name of the investigating or arresting law | 5 | | enforcement agency.
| 6 | | (5) If the individual is incarcerated, the amount of | 7 | | any bail
or bond.
| 8 | | (6) If the individual is incarcerated, the time and | 9 | | date that the
individual was received, discharged, or | 10 | | transferred from the arresting
agency's custody.
| 11 | | (b) The information required by this Section must be made | 12 | | available to the
news media for inspection and copying as soon | 13 | | as practicable , but in no event
shall the time period exceed 72 | 14 | | hours from the arrest . The information
described in paragraphs | 15 | | (3), (4), (5), and (6) of
subsection (a), however, may be | 16 | | withheld if it is determined that disclosure
would:
| 17 | | (1) interfere with pending or actually and reasonably | 18 | | contemplated law
enforcement proceedings conducted by any | 19 | | law enforcement or correctional
agency;
| 20 | | (2) endanger the life or physical safety of law | 21 | | enforcement or
correctional personnel or any other person; | 22 | | or
| 23 | | (3) compromise the security of any correctional | 24 | | facility.
| 25 | | (c) For the purposes of this Section, the term "news media" | 26 | | means personnel
of a newspaper or other periodical issued at |
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| 1 | | regular intervals whether in
print or electronic format, a news | 2 | | service whether in print or electronic
format, a radio station, | 3 | | a television station, a television network, a
community antenna | 4 | | television service, or a person or corporation engaged in
| 5 | | making news reels or other motion picture news for public | 6 | | showing.
| 7 | | (d) Each law enforcement or correctional agency may charge | 8 | | fees for arrest
records, but in no instance may the fee exceed | 9 | | the actual cost of copying and
reproduction. The fees may not | 10 | | include the cost of the labor used to reproduce
the arrest | 11 | | record.
| 12 | | (e) The provisions of this Section do not supersede the | 13 | | confidentiality
provisions for arrest records of the Juvenile | 14 | | Court Act of 1987.
| 15 | | (f) All information, including photographs, made available | 16 | | under this Section is subject to the provisions of Section 2QQQ | 17 | | of the Consumer Fraud and Deceptive Business Practices Act. | 18 | | (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16 .)
| 19 | | Section 10. The Local Records Act is amended by changing | 20 | | Section 3b as follows:
| 21 | | (50 ILCS 205/3b)
| 22 | | Sec. 3b. Arrest records and reports.
| 23 | | (a) When an individual is charged under a traffic citation | 24 | | and complaint issued by the arresting officer or arraigned |
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| 1 | | after a formal complaint, information, or indictment is filed | 2 | | by the prosecutor arrested , the following information must
be | 3 | | made available to the news media for inspection and copying:
| 4 | | (1) Information that identifies the individual,
| 5 | | including the name, age, address, and photograph, when and | 6 | | if available.
| 7 | | (2) Information detailing any charges relating to the | 8 | | arrest.
| 9 | | (3) The time and location of the arrest.
| 10 | | (4) The name of the investigating or arresting law | 11 | | enforcement agency.
| 12 | | (5) If the individual is incarcerated, the amount of | 13 | | any bail
or bond.
| 14 | | (6) If the individual is incarcerated, the time and | 15 | | date that the
individual was received, discharged, or | 16 | | transferred from the arresting
agency's custody.
| 17 | | (b) The information required by this Section must be made | 18 | | available to the
news media for inspection and copying as soon | 19 | | as practicable , but in no event
shall the time period exceed | 20 | | 72 hours from the arrest . The information
described in | 21 | | paragraphs (3), (4), (5), and (6) of subsection (a), however,
| 22 | | may be withheld if it is determined that disclosure would:
| 23 | | (1) interfere with pending or actually and reasonably | 24 | | contemplated law
enforcement proceedings conducted by any | 25 | | law enforcement or correctional
agency;
| 26 | | (2) endanger the life or physical safety of law |
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| 1 | | enforcement or
correctional personnel or any other person; | 2 | | or
| 3 | | (3) compromise the security of any correctional | 4 | | facility.
| 5 | | (c) For the purposes of this Section the term "news media" | 6 | | means personnel
of a newspaper or other periodical issued at | 7 | | regular intervals whether in
print or electronic format, a news | 8 | | service whether in print or electronic
format,
a radio station, | 9 | | a television station, a television network, a community
antenna | 10 | | television service,
or a person or corporation engaged in | 11 | | making news reels or other motion picture
news for public | 12 | | showing.
| 13 | | (d) Each law enforcement or correctional agency may charge | 14 | | fees for arrest
records, but in no instance may the fee exceed | 15 | | the actual cost of copying and
reproduction. The fees may not | 16 | | include the cost of the labor used to reproduce
the arrest | 17 | | record.
| 18 | | (e) The provisions of this Section do not supersede the | 19 | | confidentiality
provisions for arrest records of the Juvenile | 20 | | Court Act of 1987.
| 21 | | (f) All information, including photographs, made available | 22 | | under this Section is subject to the provisions of Section 2QQQ | 23 | | of the Consumer Fraud and Deceptive Business Practices Act. | 24 | | (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16 .)".
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