102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3766

 

Introduced 1/21/2022, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 205/4  from Ch. 116, par. 43.104

    Amends the Local Records Act. Provides that the use of any application, software, or other technology that prevents the maintenance or preservation of a public record through encryption, automatic deletion, or other means, or that results in a public record existing outside the possession or control of the applicable public body, shall be considered the concealment of a public record that is prohibited.


LRB102 23310 AWJ 32476 b

 

 

A BILL FOR

 

SB3766LRB102 23310 AWJ 32476 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Records Act is amended by changing
5Section 4 as follows:
 
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 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
14the intent to defraud any party, public officer, or entity,
15alters, destroys, defaces, removes, or conceals any public
16record commits a Class 4 felony. The use of any application,
17software, or other technology that prevents the maintenance or
18preservation of a public record through encryption, automatic
19deletion, or other means, or that results in a public record
20existing outside the possession or control of the applicable
21public body, shall be considered the concealment of a public
22record that is prohibited by this Section.
23    Court records filed with the clerks of the Circuit Court

 

 

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1shall be destroyed in accordance with the Supreme Court's
2General Administrative Order on Recordkeeping in the Circuit
3Courts. The clerks of the Circuit Courts shall notify the
4Supreme Court, in writing, specifying case records or other
5documents which they intend to destroy. The Supreme Court
6shall review the schedule of items to be destroyed and notify
7the appropriate Local Records Commission of the Court's intent
8to destroy such records. The Local Records Commission, within
990 days after receipt of the Supreme Court's notice, may
10undertake to photograph, microphotograph, or digitize
11electronically any or all such records and documents, or, in
12the alternative, may transport such original records to the
13State Archives or other storage location under its
14supervision.
15    The Archivist may accept for deposit in the State Archives
16or regional depositories official papers, drawings, maps,
17writings and records of every description of counties,
18municipal corporations, political subdivisions and courts of
19this State, when such materials are deemed by the Archivist to
20have sufficient historical or other value to warrant their
21continued preservation by the State of Illinois.
22    The officer or clerk depositing such records may, upon
23request, obtain from the Archivist, without charge, a
24certified copy or reproduction of any specific record, paper
25or document when such record, paper or document is required
26for public use.

 

 

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1    (b) Upon request from a chief of police, county sheriff,
2or State's Attorney, if a person has been arrested for a
3criminal offense and an investigation reveals that the person
4arrested was not in fact the individual the arresting officer
5believed him or her to be, the law enforcement agency whose
6officers made the arrest shall delete or retract the arrest
7records of that person whom the investigation revealed as not
8the individual the arresting officer believed him or her to
9be. In this subsection (b):
10        "Arrest records" are as described in Section 3b of
11    this Act.
12        "Law enforcement agency" means an agency of a unit of
13    local government which is vested by law or ordinance with
14    the duty to maintain public order and to enforce criminal
15    laws or ordinances.
16(Source: P.A. 98-1063, eff. 1-1-15; 99-363, eff. 1-1-16.)