State of Illinois
90th General Assembly
Legislation

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90_SB1379

      20 ILCS 2630/5.2 new
      20 ILCS 2630/7            from Ch. 38, par. 206-7
      310 ILCS 10/25.06 new
          Amends the Criminal Identification Act  and  the  Housing
      Authorities  Act.    Permits the Chicago Housing Authority to
      obtain arrest records of its tenants and prospective tenants.
      Prohibits further disclosure of that information  to  persons
      not  otherwise  authorized  by  law to obtain arrest records.
      Effective immediately.
                                                     LRB9007984RCks
                                               LRB9007984RCks
 1        AN ACT in relation to housing authorities, amending named
 2    Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Criminal Identification Act is amended by
 6    changing Section 7 and adding Section 5.2 as follows:
 7        (20 ILCS 2630/5.2 new)
 8        Sec. 5.2.  Disclosure of arrest records of public housing
 9    tenants  and  prospective tenants.  Upon written request of a
10    Housing Authority  in  a  municipality  having  over  500,000
11    inhabitants,  the  Department  shall  furnish  to the Housing
12    Authority fingerprints, charges, and descriptions of  tenants
13    and  prospective tenants of properties under the jurisdiction
14    or control of  the  Authority  who  have  been  arrested  for
15    offenses  described  in the first paragraph of subsection (a)
16    of Section 5 of  this  Act.    The  Housing  Authority  shall
17    designate  those  officers  and  employees who may obtain the
18    information described in this Section.
19        (20 ILCS 2630/7) (from Ch. 38, par. 206-7)
20        Sec. 7.  No file  or  record  of  the  Department  hereby
21    created  shall  be made public, except as provided in Section
22    5.2 of this Act, Section 25.06  of  the  Housing  Authorities
23    Act,  the  "Illinois Uniform Conviction Information Act, " or
24    other  Illinois  law  or  as  may   be   necessary   in   the
25    identification  of  persons suspected or accused of crime and
26    in their trial  for  offenses  committed  after  having  been
27    imprisoned  for  a  prior  offense; and no information of any
28    character relating to its records shall be given or furnished
29    by said Department to any person, bureau or institution other
30    than as provided in this Act or other State law,  or  when  a
                            -2-                LRB9007984RCks
 1    governmental  unit  is  required  by  state or federal law to
 2    consider such information in the performance of  its  duties.
 3    Violation   of  this  Section  shall  constitute  a  Class  A
 4    misdemeanor.
 5        However, if an  individual  requests  the  Department  to
 6    release  information  as  to the existence or nonexistence of
 7    any criminal record he might have, the Department shall do so
 8    upon determining that the person for whom the record is to be
 9    released is actually the  person  making  the  request.   The
10    Department shall establish reasonable fees and rules to allow
11    an  individual  to  review  and  correct any criminal history
12    record information the Department may  hold  concerning  that
13    individual   upon   verification   of  the  identity  of  the
14    individual.  Such rulemaking is subject to the provisions  of
15    the Illinois Administrative Procedure Act.
16    (Source: P.A. 85-922.)
17        Section  10.  The  Housing  Authorities Act is amended by
18    adding Section 25.06 as follows:
19        (310 ILCS 10/25.06 new)
20        Sec. 25.06.  Arrest records of  tenants  and  prospective
21    tenants.  A Housing Authority in any municipality having over
22    500,000  inhabitants  is  authorized  to  obtain  the  arrest
23    records of its tenants and prospective tenants as provided in
24    Section 5.2 of the Criminal Identification Act.   Nothing  in
25    this  Section  permits  the  disclosure  of arrest records of
26    tenants and prospective tenants of  a  Housing  Authority  to
27    persons  other  than  officers and employees of the Authority
28    and to those persons otherwise authorized by  law  to  obtain
29    disclosure of those records.
30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.

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