Illinois General Assembly - Full Text of SB2228
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Full Text of SB2228  99th General Assembly


Rep. Ron Sandack

Filed: 5/10/2016





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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



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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 1 or 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



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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 1 or 2
4    offenses in one year on January 1 following the 1 or 2
5    offenses."; and
6on page 7, by deleting lines 1 through 5; and
7on page 173, by replacing lines 13 through 15 with the
9"containing cannabis is guilty of a civil law violation
10punishable by a minimum fine of $100 and a maximum fine of $200
11for a first or second offense. A third or subsequent offense
12committed under this subsection (a) is a Class C misdemeanor.
13The proceeds of the fine shall by payable to the"; and
14on page 174, line 18, by inserting after "Fund" the following:
16        All civil law violations shall be reported to the
17    Department of State Police who shall keep those records
18    under Section 5 of the Criminal Identification Act"; and
19on page 176, line 15, after "Act.", by inserting "All
20violations of an ordinance imposing a fine upon cannabis shall
21be reported to the Department of State Police who shall keep
22those records under Section 5 of the Criminal Identification



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