HB4216 EngrossedLRB098 15819 JLK 50858 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. All public records made or received by, or under
8the authority of, or coming into the custody, control or
9possession of any officer or agency shall not be mutilated,
10destroyed, transferred, removed or otherwise damaged or
11disposed of, in whole or in part, except as provided by law.
12Any person who knowingly, without lawful authority and with the
13intent to defraud any party, public officer, or entity, alters,
14destroys, defaces, removes, or conceals any public record
15commits a Class 4 felony.
16    Court records filed with the clerks of the Circuit Court
17shall be destroyed in accordance with the Supreme Court's
18General Administrative Order on Recordkeeping in the Circuit
19Courts. The clerks of the Circuit Courts shall notify the
20Supreme Court, in writing, specifying case records or other
21documents which they intend to destroy. The Supreme Court shall
22review the schedule of items to be destroyed and notify the
23appropriate Local Records Commission of the Court's intent to



HB4216 Engrossed- 2 -LRB098 15819 JLK 50858 b

1destroy such records. The Local Records Commission, within 90
2days after receipt of the Supreme Court's notice, may undertake
3to photograph, microphotograph, or digitize electronically any
4or all such records and documents, or, in the alternative, may
5transport such original records to the State Archives or other
6storage location under its supervision.
7    The Archivist may accept for deposit in the State Archives
8or regional depositories official papers, drawings, maps,
9writings and records of every description of counties,
10municipal corporations, political subdivisions and courts of
11this State, when such materials are deemed by the Archivist to
12have sufficient historical or other value to warrant their
13continued preservation by the State of Illinois.
14    The officer or clerk depositing such records may, upon
15request, obtain from the Archivist, without charge, a certified
16copy or reproduction of any specific record, paper or document
17when such record, paper or document is required for public use.
18(Source: P.A. 89-272, eff. 8-10-95.)