102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0298

 

Introduced 2/19/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2630/5  from Ch. 38, par. 206-5

    Amends the Criminal Identification Act. Provides that law enforcement records of persons arrested for violations of the Cannabis Regulation and Tax Act or for violations of the Cannabis Control Act involving the manufacture, delivery, or possession with intent to deliver, or manufacture, cannabis and for cannabis possession may only be provided by the Illinois State Police and shall not be provided to any person lawfully entitled to obtain those records by any other law enforcement agency or county sheriff. Effective January 1, 2022.


LRB102 15931 CPF 21301 b

 

 

A BILL FOR

 

SB0298LRB102 15931 CPF 21301 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5 as follows:
 
6    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
7    Sec. 5. Arrest reports. All policing bodies of this State
8shall furnish to the Department, daily, in the form and detail
9the Department requires, fingerprints, descriptions, and
10ethnic and racial background data as provided in Section 4.5
11of this Act of all persons who are arrested on charges of
12violating any penal statute of this State for offenses that
13are classified as felonies and Class A or B misdemeanors and of
14all minors of the age of 10 and over who have been arrested for
15an offense which would be a felony if committed by an adult,
16and may forward such fingerprints and descriptions for minors
17arrested for Class A or B misdemeanors. Moving or nonmoving
18traffic violations under the Illinois Vehicle Code shall not
19be reported except for violations of Chapter 4, Section
2011-204.1, or Section 11-501 of that Code. In addition,
21conservation offenses, as defined in the Supreme Court Rule
22501(c), that are classified as Class B misdemeanors shall not
23be reported. Those law enforcement records maintained by the

 

 

SB0298- 2 -LRB102 15931 CPF 21301 b

1Department for minors arrested for an offense prior to their
217th birthday, or minors arrested for a non-felony offense, if
3committed by an adult, prior to their 18th birthday, shall not
4be forwarded to the Federal Bureau of Investigation unless
5those records relate to an arrest in which a minor was charged
6as an adult under any of the transfer provisions of the
7Juvenile Court Act of 1987. Law enforcement records of persons
8arrested for violations of the Cannabis Regulation and Tax Act
9or for violations of the Cannabis Control Act involving the
10manufacture, delivery, or possession with intent to deliver,
11or manufacture, cannabis and for cannabis possession may only
12be provided by the Illinois State Police and shall not be
13provided to any person lawfully entitled to obtain those
14records by any other law enforcement agency or county sheriff.
15(Source: P.A. 98-528, eff. 1-1-15.)
 
16    Section 99. Effective date. This Act takes effect January
171, 2022.