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Public Act 098-1063


 

Public Act 1063 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-1063
 
HB4216 EnrolledLRB098 15819 JLK 50858 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Local Records Act is amended by changing
Section 4 as follows:
 
    (50 ILCS 205/4)  (from Ch. 116, par. 43.104)
    Sec. 4. All public records made or received by, or under
the authority of, or coming into the custody, control or
possession of any officer or agency shall not be mutilated,
destroyed, transferred, removed or otherwise damaged or
disposed of, in whole or in part, except as provided by law.
Any person who knowingly, without lawful authority and with the
intent to defraud any party, public officer, or entity, alters,
destroys, defaces, removes, or conceals any public record
commits a Class 4 felony.
    Court records filed with the clerks of the Circuit Court
shall be destroyed in accordance with the Supreme Court's
General Administrative Order on Recordkeeping in the Circuit
Courts. The clerks of the Circuit Courts shall notify the
Supreme Court, in writing, specifying case records or other
documents which they intend to destroy. The Supreme Court shall
review the schedule of items to be destroyed and notify the
appropriate Local Records Commission of the Court's intent to
destroy such records. The Local Records Commission, within 90
days after receipt of the Supreme Court's notice, may undertake
to photograph, microphotograph, or digitize electronically any
or all such records and documents, or, in the alternative, may
transport such original records to the State Archives or other
storage location under its supervision.
    The Archivist may accept for deposit in the State Archives
or regional depositories official papers, drawings, maps,
writings and records of every description of counties,
municipal corporations, political subdivisions and courts of
this State, when such materials are deemed by the Archivist to
have sufficient historical or other value to warrant their
continued preservation by the State of Illinois.
    The officer or clerk depositing such records may, upon
request, obtain from the Archivist, without charge, a certified
copy or reproduction of any specific record, paper or document
when such record, paper or document is required for public use.
(Source: P.A. 89-272, eff. 8-10-95.)

Effective Date: 1/1/2015