Full Text of SB2560 100th General Assembly
SB2560sam001 100TH GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 4/4/2018
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| 1 | | AMENDMENT TO SENATE BILL 2560
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2560 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing 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 | 9 | | maintained arrest and criminal history information maintained | 10 | | by State or local criminal justice agencies shall be furnished | 11 | | as soon as practical, but in no event later than 72 hours after | 12 | | the indictment, information, or complaint arrest , | 13 | | notwithstanding the time limits otherwise provided for in | 14 | | Section 3 of this Act: (i) information that identifies the | 15 | | individual, including the name, age, address, and photograph, | 16 | | when and if available; (ii) information detailing any charges |
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| 1 | | relating to the arrest; (iii) the time and location of the | 2 | | arrest; (iv) the name of the investigating or arresting law | 3 | | enforcement agency; (v) if the individual is incarcerated, the | 4 | | amount of any bail or bond; and (vi) if the individual is | 5 | | incarcerated, the time and date that the individual was | 6 | | received into, discharged from, or transferred from the | 7 | | arresting agency's custody. | 8 | | (b) Criminal history records. The following documents | 9 | | maintained by a public body pertaining to
criminal history | 10 | | record information are public records subject to inspection and | 11 | | copying by the
public pursuant to this Act: (i) court records | 12 | | that are public; (ii) records that are otherwise
available | 13 | | under State or local law; and (iii) records in which the | 14 | | requesting party is the individual
identified, except as | 15 | | provided under Section 7(1)(d)(vi). | 16 | | (c) Information described in items (iii) through (vi) of | 17 | | subsection (a) may be withheld if it is
determined that | 18 | | disclosure would: (i) interfere with pending or actually and | 19 | | reasonably contemplated law enforcement proceedings conducted | 20 | | by any law enforcement agency; (ii) endanger the life or | 21 | | physical safety of law enforcement or correctional personnel or | 22 | | any other person; or (iii) compromise the security of any | 23 | | correctional facility. | 24 | | (d) The provisions of this Section do not supersede the | 25 | | confidentiality provisions for law enforcement or arrest | 26 | | records of the Juvenile Court Act of 1987. |
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| 1 | | (e) Booking photographs, commonly known as "mugshots", | 2 | | shall not be made available on a law enforcement agency's | 3 | | website or social media page unless the chief law enforcement | 4 | | officer of the agency deems that there is an imminent threat to | 5 | | public or personal safety and the publishing of the photograph | 6 | | would assist in addressing the imminent threat to public | 7 | | safety.
| 8 | | (Source: P.A. 99-298, eff. 8-6-15.) | 9 | | Section 10. The State Records Act is amended by changing | 10 | | Section 4a as follows:
| 11 | | (5 ILCS 160/4a)
| 12 | | Sec. 4a. Arrest records and reports.
| 13 | | (a) When an individual is charged arrested , the following | 14 | | information must
be made available to the news media for | 15 | | inspection and copying:
| 16 | | (1) Information that identifies the individual,
| 17 | | including the name, age, address, and photograph, when and | 18 | | if available.
| 19 | | (2) Information detailing any charges relating to the | 20 | | arrest.
| 21 | | (3) The time and location of the arrest.
| 22 | | (4) The name of the investigating or arresting law | 23 | | enforcement agency.
| 24 | | (5) If the individual is incarcerated, the amount of |
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| 1 | | any bail
or bond.
| 2 | | (6) If the individual is incarcerated, the time and | 3 | | date that the
individual was received, discharged, or | 4 | | transferred from the arresting
agency's custody.
| 5 | | (b) The information required by this Section must be made | 6 | | available to the
news media for inspection and copying as soon | 7 | | as practicable, but in no event
shall the time period exceed 72 | 8 | | hours from the charge arrest . The information
described in | 9 | | paragraphs (3), (4), (5), and (6) of
subsection (a), however, | 10 | | may be withheld if it is determined that disclosure
would:
| 11 | | (1) interfere with pending or actually and reasonably | 12 | | contemplated law
enforcement proceedings conducted by any | 13 | | law enforcement or correctional
agency;
| 14 | | (2) endanger the life or physical safety of law | 15 | | enforcement or
correctional personnel or any other person; | 16 | | or
| 17 | | (3) compromise the security of any correctional | 18 | | facility.
| 19 | | (c) For the purposes of this Section, the term "news media" | 20 | | means personnel
of a newspaper or other periodical issued at | 21 | | regular intervals whether in
print or electronic format, a news | 22 | | service whether in print or electronic
format, a radio station, | 23 | | a television station, a television network, a
community antenna | 24 | | television service, or a person or corporation engaged in
| 25 | | making news reels or other motion picture news for public | 26 | | showing.
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| 1 | | (d) Each law enforcement or correctional agency may charge | 2 | | fees for arrest
records, but in no instance may the fee exceed | 3 | | the actual cost of copying and
reproduction. The fees may not | 4 | | include the cost of the labor used to reproduce
the arrest | 5 | | record.
| 6 | | (e) The provisions of this Section do not supersede the | 7 | | confidentiality
provisions for arrest records of the Juvenile | 8 | | Court Act of 1987.
| 9 | | (f) All information, including photographs, made available | 10 | | under this Section is subject to the provisions of Section 2QQQ | 11 | | of the Consumer Fraud and Deceptive Business Practices Act. | 12 | | (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16 .)
| 13 | | Section 15. The Consumer Fraud and Deceptive Business | 14 | | Practices Act is amended by changing Section 2QQQ as follows: | 15 | | (815 ILCS 505/2QQQ) | 16 | | Sec. 2QQQ. Criminal record information. | 17 | | (a) It is an unlawful practice for any person engaged in | 18 | | publishing or otherwise disseminating criminal record | 19 | | information through a print or electronic medium to solicit or | 20 | | accept the payment of a fee or other consideration to remove, | 21 | | correct, or modify said criminal record information. | 22 | | (b) For the purposes of this Section, "criminal record | 23 | | information" includes any and all of the following: | 24 | | (1) descriptions or notations of any arrests, any |
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| 1 | | formal criminal charges, and the disposition of those | 2 | | criminal charges, including, but not limited to, any | 3 | | information made available under Section 4a of the State | 4 | | Records Act or Section 3b of the Local Records Act; | 5 | | (2) photographs of the person taken pursuant to an | 6 | | arrest or other involvement in the criminal justice system; | 7 | | or | 8 | | (3) personal identifying information, including a | 9 | | person's name, address, date of birth, photograph, and | 10 | | social security number or other government-issued | 11 | | identification number. | 12 | | (c) Any person who publishes for profit an individual's | 13 | | criminal record information in print or via an electronic | 14 | | medium shall correct any errors in the individual's criminal | 15 | | history within 5 business days of notification of any error. | 16 | | Failure to correct any error in the individual's criminal | 17 | | record constitutes an unlawful practice. | 18 | | (d) Any person whose criminal record is published for | 19 | | profit in print or via an electronic medium may demand the | 20 | | publishing entity to remove or correct the information if the | 21 | | subject of the information, or the representative of the | 22 | | subject, sends a letter via certified mail to the publishing | 23 | | entity demanding that the information be corrected and provides | 24 | | documentation of the correct information. | 25 | | (e) Failure by a publishing entity to correct the | 26 | | individual's published criminal record information within 5 |
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| 1 | | business days of receipt of the notice, demand for correction, | 2 | | and documentation of the correct information constitutes an | 3 | | unlawful practice. The petitioner is entitled to damages in the | 4 | | amount of $100 per day that the publisher fails to correct the | 5 | | criminal record information, plus attorney's fees.
| 6 | | (Source: P.A. 98-555, eff. 1-1-14.)".
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