SB1915 98TH GENERAL ASSEMBLY

LRB098 09896 RLC 40054 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1915

Introduced 2/15/2013, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

20 ILCS 2630/5

from Ch. 38, par. 206-5

Amends the Criminal Identification Act. Provides that all policing bodies of the State shall furnish to the Department of State Police, daily, in the form and detail the Department requires, fingerprints and descriptions of all persons charged as adults under the Code of Criminal Procedure of 1963 who are arrested on charges of violating any penal statute of this State for offenses that are classified as felonies and Class A or B misdemeanors. Deletes the provision that requires that the Department be furnished fingerprints and descriptions of all minors of the age of 10 and over who have been arrested for an offense which would be a felony if committed by an adult, and permits the policing bodies to forward those fingerprints and descriptions for minors arrested for Class A or B misdemeanors.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Identification Act is amended by changing Section 5 as follows:

(20 ILCS 2630/5) (from Ch. 38, par. 206-5)

Sec. 5. Arrest reports. All policing bodies of this State shall furnish to the Department, daily, in the form and detail the Department requires, fingerprints and descriptions of all persons charged as adults under the Code of Criminal Procedure of 1963 who are arrested on charges of violating any penal statute of this State for offenses that are classified as felonies and Class A or B misdemeanors and of all minors of the age of 10 and over who have been arrested for an offense which would be a felony if committed by an adult, and may forward such fingerprints and descriptions for minors arrested for Class A or B misdemeanors. Moving or nonmoving traffic violations under the Illinois Vehicle Code shall not be reported except for violations of Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In addition, conservation offenses, as defined in the Supreme Court Rule 501(c), that are classified as Class B misdemeanors shall not be reported. Those law enforcement records maintained by the Department for minors arrested for an offense prior to their 17th birthday, or minors arrested for a non-felony offense, if committed by an adult, prior to their 18th birthday, shall not be forwarded to the Federal Bureau of Investigation unless those records relate to an arrest in which a minor was charged as an adult under any of the transfer provisions of the Juvenile Court Act of 1987.

(Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09; 96-409, eff. 1-1-10; 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)