99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6324

 

Introduced 2/11/2016, by Rep. John D. Anthony

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2635/3  from Ch. 38, par. 1603

    Amends the Illinois Uniform Conviction Information Act. Provides that the Sentencing Policy Advisory Council will provide analysis and research to assist in the administration of criminal laws. Effective immediately.


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A BILL FOR

 

HB6324LRB099 18354 SLF 42729 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 Illinois Uniform Conviction Information Act
5is amended by changing Section 3 as follows:
 
6    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)
7    Sec. 3. Definitions. Whenever used in this Act, and for the
8purposes of this Act, unless the context clearly indicates
9otherwise:
10    (A) "Accurate" means factually correct, containing no
11mistake or error of a material nature.
12    (B) The phrase "administer the criminal laws" includes any
13of the following activities: intelligence gathering,
14surveillance, criminal investigation, crime detection and
15prevention (including research), apprehension, detention,
16pretrial or post-trial release, prosecution, the correctional
17supervision or rehabilitation of accused persons or criminal
18offenders, criminal identification activities, data analysis
19and research done by the sentencing commission, or the
20collection, maintenance or dissemination of criminal history
21record information.
22    (C) "The Authority" means the Illinois Criminal Justice
23Information Authority.

 

 

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1    (D) "Automated" means the utilization of computers,
2telecommunication lines, or other automatic data processing
3equipment for data collection or storage, analysis,
4processing, preservation, maintenance, dissemination, or
5display and is distinguished from a system in which such
6activities are performed manually.
7    (E) "Complete" means accurately reflecting all the
8criminal history record information about an individual that is
9required to be reported to the Department pursuant to Section
102.1 of the Criminal Identification Act.
11    (F) "Conviction information" means data reflecting a
12judgment of guilt or nolo contendere. The term includes all
13prior and subsequent criminal history events directly relating
14to such judgments, such as, but not limited to: (1) the
15notation of arrest; (2) the notation of charges filed; (3) the
16sentence imposed; (4) the fine imposed; and (5) all related
17probation, parole, and release information. Information ceases
18to be "conviction information" when a judgment of guilt is
19reversed or vacated.
20    For purposes of this Act, continuances to a date certain in
21furtherance of an order of supervision granted under Section
225-6-1 of the Unified Code of Corrections or an order of
23probation granted under either Section 10 of the Cannabis
24Control Act, Section 410 of the Illinois Controlled Substances
25Act, Section 70 of the Methamphetamine Control and Community
26Protection Act, Section 12-4.3 or subdivision (b)(1) of Section

 

 

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112-3.05 of the Criminal Code of 1961 or the Criminal Code of
22012, Section 10-102 of the Illinois Alcoholism and Other Drug
3Dependency Act, Section 40-10 of the Alcoholism and Other Drug
4Abuse and Dependency Act, or Section 10 of the Steroid Control
5Act shall not be deemed "conviction information".
6    (G) "Criminal history record information" means data
7identifiable to an individual, including information collected
8under Section 4.5 of the Criminal Identification Act, and
9consisting of descriptions or notations of arrests,
10detentions, indictments, informations, pretrial proceedings,
11trials, or other formal events in the criminal justice system
12or descriptions or notations of criminal charges (including
13criminal violations of local municipal ordinances) and the
14nature of any disposition arising therefrom, including
15sentencing, court or correctional supervision, rehabilitation
16and release. The term does not apply to statistical records and
17reports in which individual are not identified and from which
18their identities are not ascertainable, or to information that
19is for criminal investigative or intelligence purposes.
20    (H) "Criminal justice agency" means (1) a government agency
21or any subunit thereof which is authorized to administer the
22criminal laws and which allocates a substantial part of its
23annual budget for that purpose, or (2) an agency supported by
24public funds which is authorized as its principal function to
25administer the criminal laws and which is officially designated
26by the Department as a criminal justice agency for purposes of

 

 

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1this Act.
2    (I) "The Department" means the Illinois Department of State
3Police.
4    (J) "Director" means the Director of the Illinois
5Department of State Police.
6    (K) "Disseminate" means to disclose or transmit conviction
7information in any form, oral, written, or otherwise.
8    (L) "Exigency" means pending danger or the threat of
9pending danger to an individual or property.
10    (M) "Non-criminal justice agency" means a State agency,
11Federal agency, or unit of local government that is not a
12criminal justice agency. The term does not refer to private
13individuals, corporations, or non-governmental agencies or
14organizations.
15    (M-5) "Request" means the submission to the Department, in
16the form and manner required, the necessary data elements or
17fingerprints, or both, to allow the Department to initiate a
18search of its criminal history record information files.
19    (N) "Requester" means any private individual, corporation,
20organization, employer, employment agency, labor organization,
21or non-criminal justice agency that has made a request pursuant
22to this Act to obtain conviction information maintained in the
23files of the Department of State Police regarding a particular
24individual.
25    (O) "Statistical information" means data from which the
26identity of an individual cannot be ascertained,

 

 

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1reconstructed, or verified and to which the identity of an
2individual cannot be linked by the recipient of the
3information.
4    (P) "Sentencing commission" means the Sentencing Policy
5Advisory Council.
6(Source: P.A. 97-1150, eff. 1-25-13; 98-528, eff. 1-1-15.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.