Illinois General Assembly - Full Text of SB2944
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Full Text of SB2944  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/14/2018, by Sen. Wm. Sam McCann


5 ILCS 140/2.15

    Amends the Freedom of Information Act. Provides that no photograph that is part of an individual's arrest record shall be furnished unless the individual has been formally charged by indictment, information, or complaint. Effective immediately.

LRB100 19807 HEP 35083 b





SB2944LRB100 19807 HEP 35083 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing Section 2.15 as follows:
6    (5 ILCS 140/2.15)
7    Sec. 2.15. Arrest reports and criminal history records.
8    (a) Arrest reports. The following chronologically
9maintained arrest and criminal history information maintained
10by State or local criminal justice agencies shall be furnished
11as soon as practical, but in no event later than 72 hours after
12the arrest, notwithstanding the time limits otherwise provided
13for in Section 3 of this Act: (i) information that identifies
14the individual, including the name, age, address, and
15photograph, when and if available; (ii) information detailing
16any charges relating to the arrest; (iii) the time and location
17of the arrest; (iv) the name of the investigating or arresting
18law enforcement agency; (v) if the individual is incarcerated,
19the amount of any bail or bond; and (vi) if the individual is
20incarcerated, the time and date that the individual was
21received into, discharged from, or transferred from the
22arresting agency's custody. No photograph shall be furnished
23under this subsection unless the individual has been formally



SB2944- 2 -LRB100 19807 HEP 35083 b

1charged by indictment, information, or complaint.
2    (b) Criminal history records. The following documents
3maintained by a public body pertaining to criminal history
4record information are public records subject to inspection and
5copying by the public pursuant to this Act: (i) court records
6that are public; (ii) records that are otherwise available
7under State or local law; and (iii) records in which the
8requesting party is the individual identified, except as
9provided under Section 7(1)(d)(vi).
10    (c) Information described in items (iii) through (vi) of
11subsection (a) may be withheld if it is determined that
12disclosure would: (i) interfere with pending or actually and
13reasonably contemplated law enforcement proceedings conducted
14by any law enforcement agency; (ii) endanger the life or
15physical safety of law enforcement or correctional personnel or
16any other person; or (iii) compromise the security of any
17correctional facility.
18    (d) The provisions of this Section do not supersede the
19confidentiality provisions for law enforcement or arrest
20records of the Juvenile Court Act of 1987.
21(Source: P.A. 99-298, eff. 8-6-15.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.