Illinois General Assembly - Full Text of SB2228
Illinois General Assembly

Previous General Assemblies

Full Text of SB2228  99th General Assembly


Rep. Ron Sandack

Filed: 5/5/2016





09900SB2228ham001LRB099 16422 RLC 47893 a


2    AMENDMENT NO. ______. Amend Senate Bill 2228 on page 1, by
3replacing line 5 with the following:
4"changing Sections 5 and 5.2 as follows:
5    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
6    Sec. 5. Arrest reports. All policing bodies of this State
7shall furnish to the Department, daily, in the form and detail
8the Department requires, fingerprints, descriptions, and
9ethnic and racial background data as provided in Section 4.5 of
10this Act of all persons who are arrested on charges of
11violating any penal statute of this State for offenses that are
12classified as felonies and Class A or B misdemeanors, and of
13all minors of the age of 10 and over who have been arrested for
14an offense which would be a felony if committed by an adult,
15all municipal ordinance or unit of local government ordinance
16violations involving cannabis offenses, and all civil law
17violations involving possession of 10 grams or less of



09900SB2228ham001- 2 -LRB099 16422 RLC 47893 a

1cannabis, and may forward such fingerprints and descriptions
2for minors arrested for Class A or B misdemeanors. Moving or
3nonmoving traffic violations under the Illinois Vehicle Code
4shall not be reported except for violations of Chapter 4,
5Section 11-204.1, or Section 11-501 of that Code. In addition,
6conservation offenses, as defined in the Supreme Court Rule
7501(c), that are classified as Class B misdemeanors shall not
8be reported. Those law enforcement records maintained by the
9Department for minors arrested for an offense prior to their
1017th birthday, or minors arrested for a non-felony offense, if
11committed by an adult, prior to their 18th birthday, shall not
12be forwarded to the Federal Bureau of Investigation unless
13those records relate to an arrest in which a minor was charged
14as an adult under any of the transfer provisions of the
15Juvenile Court Act of 1987.
16(Source: P.A. 98-528, eff. 1-1-15.)"; and
17on page 6, by replacing lines 6 through 26 with the following:
18        "(2.5) Department of State Police records of a person
19    found to have committed 2 civil law violation offenses
20    under subsection (a) of Section 4 of the Cannabis Control
21    Act or subsection (c) of Section 3.5 of the Drug
22    Paraphernalia Control Act or similar municipal ordinance
23    or unit of local government ordinance violation offenses,
24    within a one-year period, but not having had committed a
25    third offense, which contain the final satisfactory



09900SB2228ham001- 3 -LRB099 16422 RLC 47893 a

1    disposition which pertain to the person issued a citation
2    for that offense shall be reported to the appropriate
3    circuit clerks for automatic expungement of the 2 offenses
4    in one year on January 1 following the 2 offenses."; and
5on page 7, by deleting lines 1 through 5; and
6on page 173, by replacing lines 13 through 15 with the
8"containing cannabis is guilty of a civil law violation
9punishable by a minimum fine of $100 and a maximum fine of $200
10for a first or second offense. A third or subsequent offense
11committed under this subsection (a) is a Class C misdemeanor.
12The proceeds of the fine shall by payable to the"; and
13on page 174, line 18, by inserting after "Fund" the following:
15        All civil law violations shall be reported to the
16    Department of State Police who shall keep those records
17    under Section 5 of the Criminal Identification Act"; and
18on page 176, line 15, after "Act.", by inserting "All
19violations of an ordinance imposing a fine upon cannabis shall
20be reported to the Department of State Police who shall keep
21those records under Section 5 of the Criminal Identification