State of Illinois
92nd General Assembly
Legislation

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92_HB1029enr

 
HB1029 Enrolled                                LRB9206336JMcs

 1        AN ACT concerning the media.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Freedom of Information Act is amended by
 5    changing Section 2 as follows:

 6        (5 ILCS 140/2) (from Ch. 116, par. 202)
 7        (Text of Section before amendment by P.A. 91-935)
 8        Sec. 2.  Definitions.  As used in this Act:
 9        (a)  "Public  body"  means  any  legislative,  executive,
10    administrative,  or  advisory  bodies  of  the  State,  state
11    universities  and  colleges,  counties,  townships,   cities,
12    villages,  incorporated towns, school districts and all other
13    municipal  corporations,  boards,  bureaus,  committees,   or
14    commissions  of  this State, and any subsidiary bodies of any
15    of the foregoing including but not limited to committees  and
16    subcommittees  which are supported in whole or in part by tax
17    revenue, or which expend tax revenue. "Public body" does  not
18    include a child death review team established under the Child
19    Death Review Team Act.
20        (b)  "Person"    means   any   individual,   corporation,
21    partnership,  firm,  organization  or   association,   acting
22    individually or as a group.
23        (c)  "Public  records" means all records, reports, forms,
24    writings,   letters,   memoranda,   books,   papers,    maps,
25    photographs, microfilms, cards, tapes, recordings, electronic
26    data  processing  records, recorded information and all other
27    documentary  materials,  regardless  of  physical   form   or
28    characteristics,  having  been  prepared,  or  having been or
29    being used, received, possessed or under the control  of  any
30    public body.  "Public records" includes, but is expressly not
31    limited  to:   (i)  administrative manuals, procedural rules,
 
HB1029 Enrolled             -2-                LRB9206336JMcs
 1    and instructions to staff, unless exempted by Section 7(p) of
 2    this  Act;  (ii)  final  opinions  and  orders  made  in  the
 3    adjudication of cases, except  an  educational  institution's
 4    adjudication of student or employee grievance or disciplinary
 5    cases;   (iii)   substantive   rules;   (iv)  statements  and
 6    interpretations of policy which have been adopted by a public
 7    body;  (v)  final  planning  policies,  recommendations,  and
 8    decisions; (vi)  factual  reports,  inspection  reports,  and
 9    studies whether prepared by or for the public body; (vii) all
10    information in any account, voucher, or contract dealing with
11    the receipt or expenditure of public or other funds of public
12    bodies;  (viii)  the  names,  salaries,  titles, and dates of
13    employment of all employees and officers  of  public  bodies;
14    (ix)  materials  containing opinions concerning the rights of
15    the state, the public, a subdivision  of  state  or  a  local
16    government,  or of any private persons; (x) the name of every
17    official and the final records of voting in  all  proceedings
18    of public bodies; (xi) applications for any contract, permit,
19    grant,  or  agreement  except  as exempted from disclosure by
20    subsection (g) of Section 7 of this Act; (xii)  each  report,
21    document,  study,  or  publication  prepared  by  independent
22    consultants  or  other independent contractors for the public
23    body; (xiii) all other information required by law to be made
24    available for public inspection or copying; (xiv) information
25    relating to any grant or contract made by or between a public
26    body and another public body or  private  organization;  (xv)
27    waiver  documents  filed  with  the  State  Superintendent of
28    Education or the president  of  the  University  of  Illinois
29    under Section 30-12.5 of the School Code, concerning nominees
30    for General Assembly scholarships under Sections 30-9, 30-10,
31    and 30-11 of the School Code and (xvi) complaints, results of
32    complaints,  and  Department  of Children and Family Services
33    staff  findings  of  licensing   violations   at   day   care
34    facilities,    provided   that   personal   and   identifying
 
HB1029 Enrolled             -3-                LRB9206336JMcs
 1    information is not released.
 2        (d)  "Copying"  means  the  reproduction  of  any  public
 3    record by means of any photographic,  electronic,  mechanical
 4    or other process, device or means.
 5        (e)  "Head  of  the  public  body"  means  the president,
 6    mayor, chairman, presiding officer, director, superintendent,
 7    manager, supervisor or individual otherwise  holding  primary
 8    executive  and  administrative authority for the public body,
 9    or such person's duly authorized designee.
10        (f)  "News media" means a newspaper or  other  periodical
11    issued  at  regular  intervals whether in print or electronic
12    format, a news service whether in print or electronic format,
13    a radio station, a television station, a television  network,
14    a  community  antenna  television  service,  or  a  person or
15    corporation engaged in making  news  reels  or  other  motion
16    picture news for public showing.
17    (Source:  P.A.  89-681,  eff. 12-13-96; 90-144, eff. 7-23-97;
18    90-670, eff. 7-31-98.)

19        (Text of Section after amendment by P.A. 91-935)
20        Sec. 2.  Definitions.  As used in this Act:
21        (a)  "Public  body"  means  any  legislative,  executive,
22    administrative,  or  advisory  bodies  of  the  State,  state
23    universities  and  colleges,  counties,  townships,   cities,
24    villages,  incorporated towns, school districts and all other
25    municipal  corporations,  boards,  bureaus,  committees,   or
26    commissions  of  this State, and any subsidiary bodies of any
27    of the foregoing including but not limited to committees  and
28    subcommittees  which are supported in whole or in part by tax
29    revenue, or which expend tax revenue. "Public body" does  not
30    include a child death review team established under the Child
31    Death Review Team Act.
32        (b)  "Person"    means   any   individual,   corporation,
33    partnership,  firm,  organization  or   association,   acting
34    individually or as a group.
 
HB1029 Enrolled             -4-                LRB9206336JMcs
 1        (c)  "Public  records" means all records, reports, forms,
 2    writings,   letters,   memoranda,   books,   papers,    maps,
 3    photographs, microfilms, cards, tapes, recordings, electronic
 4    data  processing  records, recorded information and all other
 5    documentary  materials,  regardless  of  physical   form   or
 6    characteristics,  having  been  prepared,  or  having been or
 7    being used, received, possessed or under the control  of  any
 8    public body.  "Public records" includes, but is expressly not
 9    limited  to:   (i)  administrative manuals, procedural rules,
10    and instructions to staff, unless exempted by Section 7(p) of
11    this  Act;  (ii)  final  opinions  and  orders  made  in  the
12    adjudication of cases, except  an  educational  institution's
13    adjudication of student or employee grievance or disciplinary
14    cases;   (iii)   substantive   rules;   (iv)  statements  and
15    interpretations of policy which have been adopted by a public
16    body;  (v)  final  planning  policies,  recommendations,  and
17    decisions; (vi)  factual  reports,  inspection  reports,  and
18    studies whether prepared by or for the public body; (vii) all
19    information in any account, voucher, or contract dealing with
20    the receipt or expenditure of public or other funds of public
21    bodies;  (viii)  the  names,  salaries,  titles, and dates of
22    employment of all employees and officers  of  public  bodies;
23    (ix)  materials  containing opinions concerning the rights of
24    the state, the public, a subdivision  of  state  or  a  local
25    government,  or of any private persons; (x) the name of every
26    official and the final records of voting in  all  proceedings
27    of public bodies; (xi) applications for any contract, permit,
28    grant,  or  agreement  except  as exempted from disclosure by
29    subsection (g) of Section 7 of this Act; (xii)  each  report,
30    document,  study,  or  publication  prepared  by  independent
31    consultants  or  other independent contractors for the public
32    body; (xiii) all other information required by law to be made
33    available for public inspection or copying; (xiv) information
34    relating to any grant or contract made by or between a public
 
HB1029 Enrolled             -5-                LRB9206336JMcs
 1    body and another public body or  private  organization;  (xv)
 2    waiver  documents  filed  with  the  State  Superintendent of
 3    Education or the president  of  the  University  of  Illinois
 4    under Section 30-12.5 of the School Code, concerning nominees
 5    for General Assembly scholarships under Sections 30-9, 30-10,
 6    and  30-11  of  the School Code; (xvi) complaints, results of
 7    complaints, and Department of Children  and  Family  Services
 8    staff   findings   of   licensing   violations  at  day  care
 9    facilities,   provided   that   personal   and    identifying
10    information  is  not  released;  and (xvii) records, reports,
11    forms, writings, letters, memoranda, books, papers, and other
12    documentary  information,  regardless  of  physical  form  or
13    characteristics, having been  prepared,  or  having  been  or
14    being  used, received, possessed, or under the control of the
15    Illinois Sports Facilities Authority dealing with the receipt
16    or  expenditure  of  public  funds  or  other  funds  of  the
17    Authority in connection with the reconstruction,  renovation,
18    remodeling, extension, or improvement of all or substantially
19    all  of an existing "facility" as that term is defined in the
20    Illinois Sports Facilities Authority Act.
21        (d)  "Copying"  means  the  reproduction  of  any  public
22    record by means of any photographic,  electronic,  mechanical
23    or other process, device or means.
24        (e)  "Head  of  the  public  body"  means  the president,
25    mayor, chairman, presiding officer, director, superintendent,
26    manager, supervisor or individual otherwise  holding  primary
27    executive  and  administrative authority for the public body,
28    or such person's duly authorized designee.
29        (f)  "News media" means a newspaper or  other  periodical
30    issued  at  regular  intervals whether in print or electronic
31    format, a news service whether in print or electronic format,
32    a radio station, a television station, a television  network,
33    a  community  antenna  television  service,  or  a  person or
34    corporation engaged in making  news  reels  or  other  motion
 
HB1029 Enrolled             -6-                LRB9206336JMcs
 1    picture news for public showing.
 2    (Source:  P.A.  90-144,  eff.  7-23-97; 90-670, eff. 7-31-98;
 3    91-935, eff. 6-1-01.)

 4        Section 10.  The State Records Act is amended by changing
 5    Section 4a as follows:

 6        (5 ILCS 160/4a)
 7        Sec. 4a. Arrest reports.
 8        (a)  When  an  individual  is  arrested,  the   following
 9    information  must  be  made  available  to the news media for
10    inspection and copying:
11             (1)  Information  that  identifies  the   individual
12        person, including the name, age, address, and photograph,
13        when and if available.
14             (2)  Information  detailing  any charges relating to
15        the arrest.
16             (3)  The time and location of the arrest.
17             (4)  The name of the investigating or arresting  law
18        enforcement agency.
19             (5)  If  the  individual is incarcerated, the amount
20        of any bail or bond.
21             (6)  If the individual is incarcerated, the time and
22        date that the individual  was  received,  discharged,  or
23        transferred from the arresting agency's custody.
24        (b)  The  information  required  by  this Section must be
25    made available to the news media for inspection  and  copying
26    as soon as practicable, but in no event shall the time period
27    exceed  72  hours from the arrest.  The information described
28    in paragraphs (3), (4), (5), and  (6)  3,  4,  5,  and  6  of
29    subsection  (a), however, may be withheld if it is determined
30    that disclosure would:
31             (1)  interfere  with   pending   or   actually   and
32        reasonably   contemplated   law  enforcement  proceedings
 
HB1029 Enrolled             -7-                LRB9206336JMcs
 1        conducted by any law enforcement or correctional agency;
 2             (2)  endanger the life or  physical  safety  of  law
 3        enforcement   or  correctional  personnel  or  any  other
 4        person; or
 5             (3)  compromise the  security  of  any  correctional
 6        facility.
 7        (c)  For  the  purposes  of  this Section, the term "news
 8    media" means personnel of a  newspaper  or  other  periodical
 9    issued  at  regular  intervals whether in print or electronic
10    format, a news service whether in print or electronic format,
11    a radio station, a television station, a television  network,
12    a  community  antenna  television  service,  or  a  person or
13    corporation engaged in making  news  reels  or  other  motion
14    picture news for public showing.
15        (d)  Each  law  enforcement  or  correctional  agency may
16    charge fees for arrest records, but in no  instance  may  the
17    fee  exceed the actual cost of copying and reproduction.  The
18    fees may not include the cost of the labor used to  reproduce
19    the arrest record.
20        (e)  The  provisions of this Section do not supersede the
21    confidentiality provisions for arrest records of the Juvenile
22    Court Act of 1987.
23    (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)

24        Section 15.  The Department of State Police  Law  of  the
25    Civil  Administrative Code of Illinois is amended by changing
26    Section 55a as follows:

27        (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
28        (Text of Section from P.A. 91-309)
29        Sec. 55a. Powers and duties.
30        (A)  The  Department  of  State  Police  shall  have  the
31    following powers and duties, and those set forth in  Sections
32    55a-1 through 55c:
 
HB1029 Enrolled             -8-                LRB9206336JMcs
 1        1.  To  exercise the rights, powers and duties which have
 2    been vested in the Department of Public Safety by  the  State
 3    Police Act.
 4        2.  To  exercise the rights, powers and duties which have
 5    been vested in the Department of Public Safety by  the  State
 6    Police Radio Act.
 7        3.  To  exercise the rights, powers and duties which have
 8    been vested  in  the  Department  of  Public  Safety  by  the
 9    Criminal Identification Act.
10        4.  To (a) investigate the origins, activities, personnel
11    and  incidents of crime and the ways and means to redress the
12    victims  of  crimes,  and  study  the  impact,  if  any,   of
13    legislation  relative  to  the  effusion of crime and growing
14    crime rates, and enforce the  criminal  laws  of  this  State
15    related   thereto,   (b)  enforce  all  laws  regulating  the
16    production, sale, prescribing, manufacturing,  administering,
17    transporting,  having  in possession, dispensing, delivering,
18    distributing, or use of controlled substances  and  cannabis,
19    (c)   employ   skilled   experts,   scientists,  technicians,
20    investigators or otherwise specially qualified persons to aid
21    in preventing or detecting crime, apprehending criminals,  or
22    preparing  and  presenting  evidence  of  violations  of  the
23    criminal  laws of the State, (d) cooperate with the police of
24    cities, villages and incorporated towns, and with the  police
25    officers  of  any  county, in enforcing the laws of the State
26    and in making arrests and recovering property, (e)  apprehend
27    and  deliver up any person charged in this State or any other
28    State of the United States with  treason,  felony,  or  other
29    crime,  who has fled from justice and is found in this State,
30    and (f) conduct such other investigations as may be  provided
31    by law. Persons exercising these powers within the Department
32    are conservators of the peace and as such have all the powers
33    possessed  by  policemen  in cities and sheriffs, except that
34    they may exercise  such  powers  anywhere  in  the  State  in
 
HB1029 Enrolled             -9-                LRB9206336JMcs
 1    cooperation  with  and  after  contact  with  the  local  law
 2    enforcement   officials.   Such  persons  may  use  false  or
 3    fictitious names in the performance  of  their  duties  under
 4    this  paragraph, upon approval of the Director, and shall not
 5    be subject to prosecution under the criminal  laws  for  such
 6    use.
 7        5.  To:  (a)  be  a  central  repository and custodian of
 8    criminal  statistics  for  the  State,  (b)  be   a   central
 9    repository  for  criminal  history  record  information,  (c)
10    procure  and file for record such information as is necessary
11    and  helpful  to  plan  programs  of  crime  prevention,  law
12    enforcement and criminal justice, (d) procure  and  file  for
13    record  such  copies  of  fingerprints, as may be required by
14    law, (e) establish general and field crime laboratories,  (f)
15    register  and  file  for  record  such  information as may be
16    required  by  law  for  the  issuance  of   firearm   owner's
17    identification   cards,   (g)   employ  polygraph  operators,
18    laboratory technicians and other specially qualified  persons
19    to  aid  in  the identification of criminal activity, and (h)
20    undertake such other identification, information, laboratory,
21    statistical or registration activities as may be required  by
22    law.
23        5.5.  Provide,  when  an individual is arrested, that the
24    following information must be  made  available  to  the  news
25    media for inspection and copying:
26             (a)    Information   that   identifies  the  person,
27        including the name, age, address,  and  photograph,  when
28        and if available.
29             (b)   Information  detailing any charges relating to
30        the arrest.
31             (c)  The time and location of the arrest.
32             (d)  The name of the investigating or arresting  law
33        enforcement agency.
34             (e)   If  incarcerated,  the  amount  of any bail or
 
HB1029 Enrolled             -10-               LRB9206336JMcs
 1        bond.
 2             (f)  If incarcerated, the time  and  date  that  the
 3        individual  was received, discharged, or transferred from
 4        the arresting agency's custody.
 5                  (1)  The information required by this paragraph
 6             must  be  made  available  to  the  news  media  for
 7             inspection and copying as soon as  practicable,  but
 8             in  no  event  shall the time period exceed 72 hours
 9             from  the  arrest.   The  information  described  in
10             subparagraphs  (c),  (d),  (e),  and  (f)  of   this
11             paragraph,   however,  may  be  withheld  if  it  is
12             determined that disclosure would (i) interfere  with
13             pending  or actually and reasonably contemplated law
14             enforcement  proceedings  conducted   by   any   law
15             enforcement  or  correctional  agency; (ii) endanger
16             the life or physical safety of  law  enforcement  or
17             correctional personnel or any other person; or (iii)
18             compromise   the   security   of   any  correctional
19             facility.
20                  (2)  For the purposes of  this  paragraph,  the
21             term  "news media" means personnel of a newspaper or
22             other periodical issued at regular intervals whether
23             in  print  or  electronic  format,  a  news  service
24             whether in  print  or  electronic  format,  a  radio
25             station, a television station, a television network,
26             a  community antenna television service, or a person
27             or corporation engaged in making news reels or other
28             motion picture news for public showing.
29                  (3)   Each  law  enforcement  or   correctional
30             agency may charge fees for arrest records, but in no
31             instance  may  the  fee  exceed  the  actual cost of
32             copying and reproduction.  The fees may not  include
33             the  cost  of the labor used to reproduce the arrest
34             record.
 
HB1029 Enrolled             -11-               LRB9206336JMcs
 1                  (4)  The provisions of this  paragraph  do  not
 2             supersede  the confidentiality provisions for arrest
 3             records of the Juvenile Court Act.
 4        6.  To  (a)  acquire  and  operate  one  or  more   radio
 5    broadcasting  stations  in  the  State  to be used for police
 6    purposes, (b) operate a statewide communications  network  to
 7    gather   and  disseminate  information  for  law  enforcement
 8    agencies, (c)  operate  an  electronic  data  processing  and
 9    computer  center  for  the  storage  and  retrieval  of  data
10    pertaining to criminal activity, and (d) undertake such other
11    communication activities as may be required by law.
12        7.  To  provide, as may be required by law, assistance to
13    local  law  enforcement  agencies   through   (a)   training,
14    management  and consultant services for local law enforcement
15    agencies, and (b) the pursuit of research and the publication
16    of studies pertaining to local law enforcement activities.
17        8.  To exercise the rights, powers and duties which  have
18    been  vested  in  the  Department  of  State  Police  and the
19    Director of the Department of State Police  by  the  Narcotic
20    Control Division Abolition Act.
21        9.  To  exercise the rights, powers and duties which have
22    been vested  in  the  Department  of  Public  Safety  by  the
23    Illinois Vehicle Code.
24        10.  To exercise the rights, powers and duties which have
25    been vested in the Department of Public Safety by the Firearm
26    Owners Identification Card Act.
27        11.  To   enforce  and  administer  such  other  laws  in
28    relation  to  law  enforcement  as  may  be  vested  in   the
29    Department.
30        12.  To  transfer  jurisdiction  of  any  realty title to
31    which is held by the State of Illinois under the  control  of
32    the   Department   to  any  other  department  of  the  State
33    government or to the State Employees Housing  Commission,  or
34    to  acquire  or  accept  Federal  land,  when  such transfer,
 
HB1029 Enrolled             -12-               LRB9206336JMcs
 1    acquisition or acceptance is advantageous to the State and is
 2    approved in writing by the Governor.
 3        13.  With the written approval of the Governor, to  enter
 4    into  agreements  with other departments created by this Act,
 5    for the furlough of inmates of the penitentiary to such other
 6    departments  for  their  use  in  research   programs   being
 7    conducted by them.
 8        For   the  purpose  of  participating  in  such  research
 9    projects,  the  Department  may  extend  the  limits  of  any
10    inmate's place of confinement, when there is reasonable cause
11    to believe that the inmate will honor his  or  her  trust  by
12    authorizing the inmate, under prescribed conditions, to leave
13    the  confines of the place unaccompanied by a custodial agent
14    of the Department. The Department shall make rules  governing
15    the transfer of the inmate to the requesting other department
16    having  the approved research project, and the return of such
17    inmate to the unextended confines of the  penitentiary.  Such
18    transfer shall be made only with the consent of the inmate.
19        The  willful  failure  of a prisoner to remain within the
20    extended limits of his or her confinement or to return within
21    the time or manner prescribed to  the  place  of  confinement
22    designated by the Department in granting such extension shall
23    be  deemed  an  escape  from  custody  of  the Department and
24    punishable as provided in Section 3-6-4 of the  Unified  Code
25    of Corrections.
26        14.  To  provide  investigative services, with all of the
27    powers possessed by policemen in cities and sheriffs, in  and
28    around  all  race  tracks  subject to the Horse Racing Act of
29    1975.
30        15.  To expend such sums as the Director deems  necessary
31    from  Contractual Services appropriations for the Division of
32    Criminal Investigation for the purchase of evidence  and  for
33    the employment of persons to obtain evidence. Such sums shall
34    be  advanced  to  agents authorized by the Director to expend
 
HB1029 Enrolled             -13-               LRB9206336JMcs
 1    funds, on vouchers signed by the Director.
 2        16.  To  assist  victims  and  witnesses  in  gang  crime
 3    prosecutions through the administration of funds appropriated
 4    from the Gang Violence Victims  and  Witnesses  Fund  to  the
 5    Department.    Such   funds  shall  be  appropriated  to  the
 6    Department and shall only  be  used  to  assist  victims  and
 7    witnesses  in gang crime prosecutions and such assistance may
 8    include any of the following:
 9             (a)  temporary living costs;
10             (b)  moving expenses;
11             (c)  closing costs on the sale of private residence;
12             (d)  first month's rent;
13             (e)  security deposits;
14             (f)  apartment location assistance;
15             (g)  other expenses which the  Department  considers
16        appropriate; and
17             (h)  compensation  for any loss of or injury to real
18        or personal property resulting from a  gang  crime  to  a
19        maximum of $5,000, subject to the following provisions:
20                  (1)  in  the  case  of  loss  of  property, the
21             amount of compensation  shall  be  measured  by  the
22             replacement  cost  of similar or like property which
23             has been incurred by and which is  substantiated  by
24             the property owner,
25                  (2)  in  the  case  of  injury to property, the
26             amount of compensation shall be measured by the cost
27             of repair incurred and which can be substantiated by
28             the property owner,
29                  (3)  compensation under  this  provision  is  a
30             secondary   source  of  compensation  and  shall  be
31             reduced by any amount the  property  owner  receives
32             from  any  other source as compensation for the loss
33             or injury, including, but not limited  to,  personal
34             insurance coverage,
 
HB1029 Enrolled             -14-               LRB9206336JMcs
 1                  (4)  no  compensation  may  be  awarded  if the
 2             property owner was an offender or an  accomplice  of
 3             the offender, or if the award would unjustly benefit
 4             the  offender  or offenders, or an accomplice of the
 5             offender or offenders.
 6        No victim or witness may receive such assistance if he or
 7    she is not a part of or  fails  to  fully  cooperate  in  the
 8    prosecution   of   gang  crime  members  by  law  enforcement
 9    authorities.
10        The Department shall promulgate any rules  necessary  for
11    the implementation of this amendatory Act of 1985.
12        17.  To conduct arson investigations.
13        18.  To  develop  a separate statewide statistical police
14    contact record keeping  system  for  the  study  of  juvenile
15    delinquency.  The records of this police contact system shall
16    be  limited  to  statistical  information.   No  individually
17    identifiable information shall be maintained  in  the  police
18    contact statistical record system.
19        19.  To  develop  a  separate  statewide central juvenile
20    records system for persons arrested prior to the  age  of  17
21    under  Section  5-401  of  the  Juvenile Court Act of 1987 or
22    adjudicated  delinquent  minors  and  to   make   information
23    available  to  local  law  enforcement  officers  so that law
24    enforcement officers will be able to obtain rapid  access  to
25    the  background  of the minor from other jurisdictions to the
26    end that the juvenile police officers  can  make  appropriate
27    decisions which will best serve the interest of the child and
28    the  community.    The  Department  shall  submit a quarterly
29    report to the  General  Assembly  and  Governor  which  shall
30    contain  the  number  of juvenile records that the Department
31    has received in that quarter and  a  list,  by  category,  of
32    offenses  that  minors  were  arrested for or convicted of by
33    age, race and gender.
34        20.  To develop rules which guarantee the confidentiality
 
HB1029 Enrolled             -15-               LRB9206336JMcs
 1    of such individually identifiable juvenile records except  to
 2    juvenile  authorities  who request information concerning the
 3    minor and who certify in writing that  the  information  will
 4    not  be disclosed to any other party except as provided under
 5    law or  order  of  court.   For  purposes  of  this  Section,
 6    "juvenile  authorities"  means:  (i)  a  judge of the circuit
 7    court and members of the staff of the court designated by the
 8    judge; (ii) parties to the  proceedings  under  the  Juvenile
 9    Court  Act  of  1987  and  their  attorneys;  (iii) probation
10    officers and  court  appointed  advocates  for  the  juvenile
11    authorized by the judge hearing the case; (iv) any individual
12    or  public  or  private  agency  having  custody of the child
13    pursuant to court order; (v)  any  individual  or  public  or
14    private  agency providing education, medical or mental health
15    service to the child when the requested information is needed
16    to determine the appropriate service  or  treatment  for  the
17    minor;  (vi)  any  potential  placement  provider  when  such
18    release is authorized by the court for the limited purpose of
19    determining  the  appropriateness of the potential placement;
20    (vii) law enforcement officers and prosecutors; (viii)  adult
21    and juvenile prisoner review boards; (ix) authorized military
22    personnel;  (x)  individuals  authorized  by  court; (xi) the
23    Illinois General Assembly  or  any  committee  or  commission
24    thereof.
25        21.  To  develop  administrative rules and administrative
26    hearing procedures which allow a minor, his or her  attorney,
27    and  his  or  her  parents or guardian access to individually
28    identifiable juvenile records for the purpose of  determining
29    or   challenging   the   accuracy   of  the  records.   Final
30    administrative decisions shall be subject to  the  provisions
31    of the Administrative Review Law.
32        22.  To  charge,  collect,  and  receive  fees  or moneys
33    equivalent to the  cost  of  providing  Department  of  State
34    Police   personnel,   equipment,   and   services   to  local
 
HB1029 Enrolled             -16-               LRB9206336JMcs
 1    governmental agencies when explicitly requested  by  a  local
 2    governmental  agency  and  pursuant  to  an intergovernmental
 3    agreement as provided by this Section, other State  agencies,
 4    and  federal  agencies,  including but not limited to fees or
 5    moneys  equivalent  to  the  cost  of  providing  dispatching
 6    services, radio and  radar  repair,  and  training  to  local
 7    governmental  agencies on such terms and conditions as in the
 8    judgment of the Director are in  the  best  interest  of  the
 9    State;  and to establish, charge, collect and receive fees or
10    moneys based on the cost of providing responses  to  requests
11    for  criminal history record information pursuant to positive
12    identification and any Illinois or  federal  law  authorizing
13    access  to  some  aspect of such information and to prescribe
14    the form  and  manner  for  requesting  and  furnishing  such
15    information  to the requestor on such terms and conditions as
16    in the judgment of the Director are in the best  interest  of
17    the  State,  provided  fees  for  requesting  and  furnishing
18    criminal   history  record  information  may  be  waived  for
19    requests in the due administration of the criminal laws.  The
20    Department  may  also  charge,  collect  and  receive fees or
21    moneys equivalent to the cost of  providing  electronic  data
22    processing  lines  or  related  telecommunication services to
23    local  governments,  but  only  when  such  services  can  be
24    provided  by  the  Department  at  a  cost  less  than   that
25    experienced  by  said  local governments through other means.
26    All services provided by the Department  shall  be  conducted
27    pursuant    to    contracts    in    accordance    with   the
28    Intergovernmental Cooperation Act, and all  telecommunication
29    services  shall  be  provided  pursuant  to the provisions of
30    Section 67.18 of this Code.
31        All fees received by the Department of State Police under
32    this Act or the Illinois Uniform Conviction  Information  Act
33    shall be deposited in a special fund in the State Treasury to
34    be  known  as  the  State  Police  Services  Fund.  The money
 
HB1029 Enrolled             -17-               LRB9206336JMcs
 1    deposited  in  the  State  Police  Services  Fund  shall   be
 2    appropriated  to  the Department of State Police for expenses
 3    of the Department of State Police.
 4        Upon the completion of any audit  of  the  Department  of
 5    State  Police  as  prescribed  by the Illinois State Auditing
 6    Act, which audit  includes  an  audit  of  the  State  Police
 7    Services  Fund, the Department of State Police shall make the
 8    audit open to inspection by any interested person.
 9        23.  To exercise the powers and perform the duties  which
10    have  been  vested  in  the Department of State Police by the
11    Intergovernmental Missing Child Recovery Act of 1984, and  to
12    establish   reasonable  rules  and  regulations  necessitated
13    thereby.
14        24. (a)  To  establish  and  maintain  a  statewide   Law
15    Enforcement  Agencies  Data System (LEADS) for the purpose of
16    providing  electronic  access  by  authorized   entities   to
17    criminal justice data repositories and effecting an immediate
18    law  enforcement  response  to  reports  of  missing persons,
19    including lost, missing or runaway  minors.   The  Department
20    shall implement an automatic data exchange system to compile,
21    to  maintain  and  to make available to other law enforcement
22    agencies for immediate dissemination data  which  can  assist
23    appropriate   agencies  in  recovering  missing  persons  and
24    provide  access  by  authorized  entities  to  various   data
25    repositories available through LEADS for criminal justice and
26    related  purposes.   To assist the Department in this effort,
27    funds may be appropriated from the LEADS Maintenance Fund.
28        (b)  In exercising its duties under this subsection,  the
29    Department shall:
30             (1)  provide  a  uniform  reporting  format  for the
31        entry of pertinent information regarding the report of  a
32        missing person into LEADS;
33             (2)  develop   and  implement  a  policy  whereby  a
34        statewide or regional alert would be used  in  situations
 
HB1029 Enrolled             -18-               LRB9206336JMcs
 1        relating  to  the disappearances of individuals, based on
 2        criteria and in a format established by  the  Department.
 3        Such  a  format shall include, but not be limited to, the
 4        age of the missing person and the suspected  circumstance
 5        of the disappearance;
 6             (3)  notify   all   law  enforcement  agencies  that
 7        reports of missing persons shall be entered  as  soon  as
 8        the  minimum level of data specified by the Department is
 9        available to the reporting agency, and  that  no  waiting
10        period for the entry of such data exists;
11             (4)  compile  and retain information regarding lost,
12        abducted, missing or runaway minors in  a  separate  data
13        file, in a manner that allows such information to be used
14        by  law enforcement and other agencies deemed appropriate
15        by  the  Director,  for  investigative  purposes.    Such
16        information shall include the disposition of all reported
17        lost, abducted, missing or runaway minor cases;
18             (5)  compile   and   maintain   an   historic   data
19        repository relating to lost, abducted, missing or runaway
20        minors  and other missing persons in order to develop and
21        improve techniques utilized by law  enforcement  agencies
22        when responding to reports of missing persons; and
23             (6)  create  a  quality  control  program  regarding
24        confirmation   of  missing  person  data,  timeliness  of
25        entries  of  missing  person  reports  into   LEADS   and
26        performance audits of all entering agencies.
27        25.  On   request   of   a   school   board  or  regional
28    superintendent of schools, to conduct an inquiry pursuant  to
29    Section 10-21.9 or 34-18.5 of the School Code to ascertain if
30    an  applicant  for  employment  in a school district has been
31    convicted of any criminal  or  drug  offenses  enumerated  in
32    Section   10-21.9   or  34-18.5  of  the  School  Code.   The
33    Department shall furnish such conviction information  to  the
34    President  of  the  school board of the school district which
 
HB1029 Enrolled             -19-               LRB9206336JMcs
 1    has requested the information,  or  if  the  information  was
 2    requested  by  the  regional  superintendent to that regional
 3    superintendent.
 4        26.  To promulgate rules and  regulations  necessary  for
 5    the  administration and enforcement of its powers and duties,
 6    wherever  granted  and  imposed,  pursuant  to  the  Illinois
 7    Administrative Procedure Act.
 8        27.  To  (a)   promulgate   rules   pertaining   to   the
 9    certification,  revocation  of  certification and training of
10    law enforcement officers as electronic criminal  surveillance
11    officers,  (b)  provide  training and technical assistance to
12    State's  Attorneys  and  local   law   enforcement   agencies
13    pertaining    to    the    interception   of   private   oral
14    communications,  (c)  promulgate  rules  necessary  for   the
15    administration  of  Article  108B  of  the  Code  of Criminal
16    Procedure of 1963, including but not limited to standards for
17    recording   and   minimization   of    electronic    criminal
18    surveillance   intercepts,   documentation   required  to  be
19    maintained during an intercept,  procedures  in  relation  to
20    evidence   developed  by  an  intercept,  and  (d)  charge  a
21    reasonable fee to each  law  enforcement  agency  that  sends
22    officers   to   receive   training   as  electronic  criminal
23    surveillance officers.
24        28.  Upon the request of any private  organization  which
25    devotes  a  major  portion  of  its  time to the provision of
26    recreational, social, educational or child safety services to
27    children, to conduct, pursuant  to  positive  identification,
28    criminal   background   investigations   of   all   of   that
29    organization's   current   employees,   current   volunteers,
30    prospective  employees or prospective volunteers charged with
31    the care and custody of children during the provision of  the
32    organization's  services,  and  to  report  to the requesting
33    organization any record  of  convictions  maintained  in  the
34    Department's  files about such persons.  The Department shall
 
HB1029 Enrolled             -20-               LRB9206336JMcs
 1    charge an application fee, based on  actual  costs,  for  the
 2    dissemination  of  conviction  information  pursuant  to this
 3    subsection.  The Department is empowered  to  establish  this
 4    fee  and  shall  prescribe the form and manner for requesting
 5    and  furnishing  conviction  information  pursuant  to   this
 6    subsection. Information received by the organization from the
 7    Department concerning an individual shall be provided to such
 8    individual.    Any   such   information   obtained   by   the
 9    organization shall be confidential and may not be transmitted
10    outside the organization and may not be transmitted to anyone
11    within  the  organization except as needed for the purpose of
12    evaluating the individual.  Only  information  and  standards
13    which   bear  a  reasonable  and  rational  relation  to  the
14    performance of child care shall be used by the  organization.
15    Any  employee  of  the  Department or any member, employee or
16    volunteer  of   the   organization   receiving   confidential
17    information  under  this subsection who gives or causes to be
18    given any confidential information  concerning  any  criminal
19    convictions  of  an  individual  shall be guilty of a Class A
20    misdemeanor unless release of such information is  authorized
21    by this subsection.
22        29.  Upon  the  request of the Department of Children and
23    Family Services, to investigate reports  of  child  abuse  or
24    neglect.
25        30.  To  obtain registration of a fictitious vital record
26    pursuant to Section 15.1 of the Vital Records Act.
27        31.  To collect and disseminate information  relating  to
28    "hate crimes" as defined under Section 12-7.1 of the Criminal
29    Code  of  1961  contingent  upon the availability of State or
30    Federal funds to revise  and  upgrade  the  Illinois  Uniform
31    Crime  Reporting  System.  All law enforcement agencies shall
32    report monthly to the Department of State  Police  concerning
33    such  offenses  in  such  form  and  in such manner as may be
34    prescribed by rules and regulations adopted by the Department
 
HB1029 Enrolled             -21-               LRB9206336JMcs
 1    of State Police.  Such information shall be compiled  by  the
 2    Department  and be disseminated upon request to any local law
 3    enforcement  agency,  unit  of  local  government,  or  state
 4    agency.  Dissemination of such information shall  be  subject
 5    to all confidentiality requirements otherwise imposed by law.
 6    The  Department  of  State  Police shall provide training for
 7    State Police officers  in  identifying,  responding  to,  and
 8    reporting  all  hate  crimes.  The  Illinois  Law Enforcement
 9    Training Standards Board shall develop and certify  a  course
10    of   such   training  to  be  made  available  to  local  law
11    enforcement officers.
12        32.  Upon the request of a private carrier  company  that
13    provides transportation under Section 28b of the Metropolitan
14    Transit  Authority  Act,  to  ascertain if an applicant for a
15    driver position has been convicted of any  criminal  or  drug
16    offense enumerated in Section 28b of the Metropolitan Transit
17    Authority  Act.   The Department shall furnish the conviction
18    information to the private carrier company that requested the
19    information.
20        33.  To apply for grants or contracts,  receive,  expend,
21    allocate,  or  disburse  funds  and  moneys made available by
22    public or private entities, including, but  not  limited  to,
23    contracts,  bequests,  grants,  or  receiving  equipment from
24    corporations, foundations, or public or private  institutions
25    of  higher  learning.   All  funds received by the Department
26    from these sources shall be deposited  into  the  appropriate
27    fund  in  the  State  Treasury  to  be  appropriated  to  the
28    Department  for  purposes  as  indicated  by  the  grantor or
29    contractor or, in the case of funds or moneys  bequeathed  or
30    granted  for  no  specific purpose, for any purpose as deemed
31    appropriate   by   the   Director   in   administering    the
32    responsibilities of the Department.
33        34.  Upon  the  request of the Department of Children and
34    Family Services, the Department of State Police shall provide
 
HB1029 Enrolled             -22-               LRB9206336JMcs
 1    properly designated employees of the Department  of  Children
 2    and  Family Services with criminal history record information
 3    as defined in the Illinois Uniform Conviction Information Act
 4    and information maintained in the Statewide Central  Juvenile
 5    record system as defined in subdivision (A)19 of this Section
 6    if  the Department of Children and Family Services determines
 7    the information is necessary to perform its duties under  the
 8    Abused  and Neglected Child Reporting Act, the Child Care Act
 9    of 1969, and the  Children  and  Family  Services  Act.   The
10    request  shall  be  in  the  form and manner specified by the
11    Department of State Police.
12        35.  The  Illinois  Department  of  Public  Aid   is   an
13    authorized  entity  under  this  Section  for  the purpose of
14    exchanging information, in the form and  manner  required  by
15    the Department of State Police, to facilitate the location of
16    individuals  for  establishing  paternity,  and establishing,
17    modifying, and enforcing child support obligations,  pursuant
18    to  the  Illinois Public Aid Code and Title IV, Part D of the
19    Social Security Act.
20        36.  Upon request of the Department of Human Services, to
21    conduct an assessment  and  evaluation  of  sexually  violent
22    persons   as   mandated   by  the  Sexually  Violent  Persons
23    Commitment Act, the Department shall furnish criminal history
24    information maintained on the requested person.  The  request
25    shall be in the form and manner specified by the Department.
26        (B)  The  Department  of  State  Police may establish and
27    maintain, within the Department of State Police, a  Statewide
28    Organized  Criminal  Gang Database (SWORD) for the purpose of
29    tracking organized  criminal  gangs  and  their  memberships.
30    Information  in  the database may include, but not be limited
31    to, the  name,  last  known  address,  birth  date,  physical
32    descriptions  (such  as  scars,  marks,  or tattoos), officer
33    safety information, organized gang affiliation, and  entering
34    agency   identifier.    The   Department   may   develop,  in
 
HB1029 Enrolled             -23-               LRB9206336JMcs
 1    consultation with the Criminal Justice Information Authority,
 2    and in a form and manner prescribed  by  the  Department,  an
 3    automated  data  exchange system to compile, to maintain, and
 4    to  make  this  information   electronically   available   to
 5    prosecutors  and  to  other  law  enforcement  agencies.  The
 6    information may be used by authorized agencies to combat  the
 7    operations of organized criminal gangs statewide.
 8        (C)  The  Department  of  State  Police may ascertain the
 9    number of  bilingual  police  officers  and  other  personnel
10    needed  to  provide services in a language other than English
11    and may  establish,  under  applicable  personnel  rules  and
12    Department  guidelines  or  through  a  collective bargaining
13    agreement, a bilingual pay supplement program.
14    (Source:  P.A.  90-18,  eff.  7-1-97;  90-130,  eff.  1-1-98;
15    90-372,  eff.  7-1-98;  90-590,  eff.  1-1-00;  90-655,  eff.
16    7-30-98; 90-793, eff. 8-14-98; 91-309, eff. 7-29-99.)

17        (Text of Section from P.A. 91-371)
18        Sec. 55a. Powers and duties.
19        (A)  The  Department  of  State  Police  shall  have  the
20    following powers and duties, and those set forth in  Sections
21    55a-1 through 55c:
22        1.  To  exercise the rights, powers and duties which have
23    been vested in the Department of Public Safety by  the  State
24    Police Act.
25        2.  To  exercise the rights, powers and duties which have
26    been vested in the Department of Public Safety by  the  State
27    Police Radio Act.
28        3.  To  exercise the rights, powers and duties which have
29    been vested  in  the  Department  of  Public  Safety  by  the
30    Criminal Identification Act.
31        4.  To (a) investigate the origins, activities, personnel
32    and  incidents of crime and the ways and means to redress the
33    victims  of  crimes,  and  study  the  impact,  if  any,   of
34    legislation  relative  to  the  effusion of crime and growing
 
HB1029 Enrolled             -24-               LRB9206336JMcs
 1    crime rates, and enforce the  criminal  laws  of  this  State
 2    related   thereto,   (b)  enforce  all  laws  regulating  the
 3    production, sale, prescribing, manufacturing,  administering,
 4    transporting,  having  in possession, dispensing, delivering,
 5    distributing, or use of controlled substances  and  cannabis,
 6    (c)   employ   skilled   experts,   scientists,  technicians,
 7    investigators or otherwise specially qualified persons to aid
 8    in preventing or detecting crime, apprehending criminals,  or
 9    preparing  and  presenting  evidence  of  violations  of  the
10    criminal  laws of the State, (d) cooperate with the police of
11    cities, villages and incorporated towns, and with the  police
12    officers  of  any  county, in enforcing the laws of the State
13    and in making arrests and recovering property, (e)  apprehend
14    and  deliver up any person charged in this State or any other
15    State of the United States with  treason,  felony,  or  other
16    crime,  who has fled from justice and is found in this State,
17    and (f) conduct such other investigations as may be  provided
18    by law. Persons exercising these powers within the Department
19    are conservators of the peace and as such have all the powers
20    possessed  by  policemen  in cities and sheriffs, except that
21    they may exercise  such  powers  anywhere  in  the  State  in
22    cooperation  with  and  after  contact  with  the  local  law
23    enforcement   officials.   Such  persons  may  use  false  or
24    fictitious names in the performance  of  their  duties  under
25    this  paragraph, upon approval of the Director, and shall not
26    be subject to prosecution under the criminal  laws  for  such
27    use.
28        5.  To:  (a)  be  a  central  repository and custodian of
29    criminal  statistics  for  the  State,  (b)  be   a   central
30    repository  for  criminal  history  record  information,  (c)
31    procure  and file for record such information as is necessary
32    and  helpful  to  plan  programs  of  crime  prevention,  law
33    enforcement and criminal justice, (d) procure  and  file  for
34    record  such  copies  of  fingerprints, as may be required by
 
HB1029 Enrolled             -25-               LRB9206336JMcs
 1    law, (e) establish general and field crime laboratories,  (f)
 2    register  and  file  for  record  such  information as may be
 3    required  by  law  for  the  issuance  of   firearm   owner's
 4    identification   cards,   (g)   employ  polygraph  operators,
 5    laboratory technicians and other specially qualified  persons
 6    to  aid  in  the identification of criminal activity, and (h)
 7    undertake such other identification, information, laboratory,
 8    statistical or registration activities as may be required  by
 9    law.
10        6.  To   (a)  acquire  and  operate  one  or  more  radio
11    broadcasting stations in the State  to  be  used  for  police
12    purposes,  (b)  operate a statewide communications network to
13    gather  and  disseminate  information  for  law   enforcement
14    agencies,  (c)  operate  an  electronic  data  processing and
15    computer  center  for  the  storage  and  retrieval  of  data
16    pertaining to criminal activity, and (d) undertake such other
17    communication activities as may be required by law.
18        7.  To provide, as may be required by law, assistance  to
19    local   law   enforcement   agencies  through  (a)  training,
20    management and consultant services for local law  enforcement
21    agencies, and (b) the pursuit of research and the publication
22    of studies pertaining to local law enforcement activities.
23        8.  To  exercise the rights, powers and duties which have
24    been vested  in  the  Department  of  State  Police  and  the
25    Director  of  the  Department of State Police by the Narcotic
26    Control Division Abolition Act.
27        9.  To exercise the rights, powers and duties which  have
28    been  vested  in  the  Department  of  Public  Safety  by the
29    Illinois Vehicle Code.
30        10.  To exercise the rights, powers and duties which have
31    been vested in the Department of Public Safety by the Firearm
32    Owners Identification Card Act.
33        11.  To  enforce  and  administer  such  other  laws   in
34    relation   to  law  enforcement  as  may  be  vested  in  the
 
HB1029 Enrolled             -26-               LRB9206336JMcs
 1    Department.
 2        12.  To transfer jurisdiction  of  any  realty  title  to
 3    which  is  held by the State of Illinois under the control of
 4    the  Department  to  any  other  department  of   the   State
 5    government  or  to the State Employees Housing Commission, or
 6    to acquire  or  accept  Federal  land,  when  such  transfer,
 7    acquisition or acceptance is advantageous to the State and is
 8    approved in writing by the Governor.
 9        13.  With  the written approval of the Governor, to enter
10    into agreements with other departments created by  this  Act,
11    for the furlough of inmates of the penitentiary to such other
12    departments   for   their  use  in  research  programs  being
13    conducted by them.
14        For  the  purpose  of  participating  in  such   research
15    projects,  the  Department  may  extend  the  limits  of  any
16    inmate's place of confinement, when there is reasonable cause
17    to  believe  that  the  inmate will honor his or her trust by
18    authorizing the inmate, under prescribed conditions, to leave
19    the confines of the place unaccompanied by a custodial  agent
20    of  the Department. The Department shall make rules governing
21    the transfer of the inmate to the requesting other department
22    having the approved research project, and the return of  such
23    inmate  to  the unextended confines of the penitentiary. Such
24    transfer shall be made only with the consent of the inmate.
25        The willful failure of a prisoner to  remain  within  the
26    extended limits of his or her confinement or to return within
27    the  time  or  manner  prescribed to the place of confinement
28    designated by the Department in granting such extension shall
29    be deemed an  escape  from  custody  of  the  Department  and
30    punishable  as  provided in Section 3-6-4 of the Unified Code
31    of Corrections.
32        14.  To provide investigative services, with all  of  the
33    powers  possessed by policemen in cities and sheriffs, in and
34    around all race tracks subject to the  Horse  Racing  Act  of
 
HB1029 Enrolled             -27-               LRB9206336JMcs
 1    1975.
 2        15.  To  expend such sums as the Director deems necessary
 3    from Contractual Services appropriations for the Division  of
 4    Criminal  Investigation  for the purchase of evidence and for
 5    the employment of persons to obtain evidence. Such sums shall
 6    be advanced to agents authorized by the  Director  to  expend
 7    funds, on vouchers signed by the Director.
 8        16.  To  assist  victims  and  witnesses  in  gang  crime
 9    prosecutions through the administration of funds appropriated
10    from  the  Gang  Violence  Victims  and Witnesses Fund to the
11    Department.   Such  funds  shall  be  appropriated   to   the
12    Department  and  shall  only  be  used  to assist victims and
13    witnesses in gang crime prosecutions and such assistance  may
14    include any of the following:
15             (a)  temporary living costs;
16             (b)  moving expenses;
17             (c)  closing costs on the sale of private residence;
18             (d)  first month's rent;
19             (e)  security deposits;
20             (f)  apartment location assistance;
21             (g)  other  expenses  which the Department considers
22        appropriate; and
23             (h)  compensation for any loss of or injury to  real
24        or  personal  property  resulting  from a gang crime to a
25        maximum of $5,000, subject to the following provisions:
26                  (1)  in the  case  of  loss  of  property,  the
27             amount  of  compensation  shall  be  measured by the
28             replacement cost of similar or like  property  which
29             has  been  incurred by and which is substantiated by
30             the property owner,
31                  (2)  in the case of  injury  to  property,  the
32             amount of compensation shall be measured by the cost
33             of repair incurred and which can be substantiated by
34             the property owner,
 
HB1029 Enrolled             -28-               LRB9206336JMcs
 1                  (3)  compensation  under  this  provision  is a
 2             secondary  source  of  compensation  and  shall   be
 3             reduced  by  any  amount the property owner receives
 4             from any other source as compensation for  the  loss
 5             or  injury,  including, but not limited to, personal
 6             insurance coverage,
 7                  (4)  no compensation  may  be  awarded  if  the
 8             property  owner  was an offender or an accomplice of
 9             the offender, or if the award would unjustly benefit
10             the offender or offenders, or an accomplice  of  the
11             offender or offenders.
12        No victim or witness may receive such assistance if he or
13    she  is  not  a  part  of  or fails to fully cooperate in the
14    prosecution  of  gang  crime  members  by   law   enforcement
15    authorities.
16        The  Department  shall promulgate any rules necessary for
17    the implementation of this amendatory Act of 1985.
18        17.  To conduct arson investigations.
19        18.  To develop a separate statewide  statistical  police
20    contact  record  keeping  system  for  the  study of juvenile
21    delinquency. The records of this police contact system  shall
22    be  limited  to  statistical  information.   No  individually
23    identifiable  information  shall  be maintained in the police
24    contact statistical record system.
25        19.  To develop a  separate  statewide  central  juvenile
26    records  system  for  persons arrested prior to the age of 17
27    under Section 5-401 of the Juvenile  Court  Act  of  1987  or
28    adjudicated   delinquent   minors  and  to  make  information
29    available to local  law  enforcement  officers  so  that  law
30    enforcement  officers  will be able to obtain rapid access to
31    the background of the minor from other jurisdictions  to  the
32    end  that  the  juvenile police officers can make appropriate
33    decisions which will best serve the interest of the child and
34    the community.   The  Department  shall  submit  a  quarterly
 
HB1029 Enrolled             -29-               LRB9206336JMcs
 1    report  to  the  General  Assembly  and  Governor which shall
 2    contain the number of juvenile records  that  the  Department
 3    has  received  in  that  quarter  and a list, by category, of
 4    offenses that minors were arrested for  or  convicted  of  by
 5    age, race and gender.
 6        20.  To develop rules which guarantee the confidentiality
 7    of  such individually identifiable juvenile records except to
 8    juvenile authorities who request information  concerning  the
 9    minor  and  who  certify in writing that the information will
10    not be disclosed to any other party except as provided  under
11    law  or  order  of  court.   For  purposes  of  this Section,
12    "juvenile authorities" means: (i)  a  judge  of  the  circuit
13    court and members of the staff of the court designated by the
14    judge;  (ii)  parties  to  the proceedings under the Juvenile
15    Court Act  of  1987  and  their  attorneys;  (iii)  probation
16    officers  and  court  appointed  advocates  for  the juvenile
17    authorized by the judge hearing the case; (iv) any individual
18    or public or private  agency  having  custody  of  the  child
19    pursuant  to  court  order;  (v)  any individual or public or
20    private agency providing education, medical or mental  health
21    service to the child when the requested information is needed
22    to  determine  the  appropriate  service or treatment for the
23    minor;  (vi)  any  potential  placement  provider  when  such
24    release is authorized by the court for the limited purpose of
25    determining the appropriateness of the  potential  placement;
26    (vii)  law enforcement officers and prosecutors; (viii) adult
27    and juvenile prisoner review boards; (ix) authorized military
28    personnel; (x) individuals  authorized  by  court;  (xi)  the
29    Illinois  General  Assembly  or  any  committee or commission
30    thereof.
31        21.  To develop administrative rules  and  administrative
32    hearing  procedures which allow a minor, his or her attorney,
33    and his or her parents or  guardian  access  to  individually
34    identifiable  juvenile records for the purpose of determining
 
HB1029 Enrolled             -30-               LRB9206336JMcs
 1    or  challenging  the  accuracy   of   the   records.    Final
 2    administrative  decisions  shall be subject to the provisions
 3    of the Administrative Review Law.
 4        22.  To charge,  collect,  and  receive  fees  or  moneys
 5    equivalent  to  the  cost  of  providing  Department of State
 6    Police  personnel,   equipment,   and   services   to   local
 7    governmental  agencies  when  explicitly requested by a local
 8    governmental agency  and  pursuant  to  an  intergovernmental
 9    agreement  as provided by this Section, other State agencies,
10    and federal agencies, including but not limited  to  fees  or
11    moneys  equivalent  to  the  cost  of  providing  dispatching
12    services,  radio  and  radar  repair,  and  training to local
13    governmental agencies on such terms and conditions as in  the
14    judgment  of  the  Director  are  in the best interest of the
15    State; and to establish, charge, collect and receive fees  or
16    moneys  based  on the cost of providing responses to requests
17    for criminal history record information pursuant to  positive
18    identification  and  any  Illinois or federal law authorizing
19    access to some aspect of such information  and  to  prescribe
20    the  form  and  manner  for  requesting  and  furnishing such
21    information to the requestor on such terms and conditions  as
22    in  the  judgment of the Director are in the best interest of
23    the  State,  provided  fees  for  requesting  and  furnishing
24    criminal  history  record  information  may  be  waived   for
25    requests  in the due administration of the criminal laws. The
26    Department may also  charge,  collect  and  receive  fees  or
27    moneys  equivalent  to  the cost of providing electronic data
28    processing lines or  related  telecommunication  services  to
29    local  governments,  but  only  when  such  services  can  be
30    provided   by  the  Department  at  a  cost  less  than  that
31    experienced by said local governments  through  other  means.
32    All  services  provided  by the Department shall be conducted
33    pursuant   to    contracts    in    accordance    with    the
34    Intergovernmental  Cooperation Act, and all telecommunication
 
HB1029 Enrolled             -31-               LRB9206336JMcs
 1    services shall be provided  pursuant  to  the  provisions  of
 2    Section 67.18 of this Code.
 3        All fees received by the Department of State Police under
 4    this  Act  or the Illinois Uniform Conviction Information Act
 5    shall be deposited in a special fund in the State Treasury to
 6    be known  as  the  State  Police  Services  Fund.  The  money
 7    deposited   in  the  State  Police  Services  Fund  shall  be
 8    appropriated to the Department of State Police  for  expenses
 9    of the Department of State Police.
10        Upon  the  completion  of  any audit of the Department of
11    State Police as prescribed by  the  Illinois  State  Auditing
12    Act,  which  audit  includes  an  audit  of  the State Police
13    Services Fund, the Department of State Police shall make  the
14    audit open to inspection by any interested person.
15        23.  To  exercise the powers and perform the duties which
16    have been vested in the Department of  State  Police  by  the
17    Intergovernmental  Missing Child Recovery Act of 1984, and to
18    establish  reasonable  rules  and  regulations   necessitated
19    thereby.
20        24. (a)  To   establish  and  maintain  a  statewide  Law
21    Enforcement Agencies Data System (LEADS) for the  purpose  of
22    providing   electronic   access  by  authorized  entities  to
23    criminal justice data repositories and effecting an immediate
24    law enforcement  response  to  reports  of  missing  persons,
25    including  lost,  missing  or runaway minors.  The Department
26    shall implement an automatic data exchange system to compile,
27    to maintain and to make available to  other  law  enforcement
28    agencies  for  immediate  dissemination data which can assist
29    appropriate  agencies  in  recovering  missing  persons   and
30    provide   access  by  authorized  entities  to  various  data
31    repositories available through LEADS for criminal justice and
32    related purposes.  To assist the Department in  this  effort,
33    funds may be appropriated from the LEADS Maintenance Fund.
34        (b)  In  exercising its duties under this subsection, the
 
HB1029 Enrolled             -32-               LRB9206336JMcs
 1    Department shall:
 2             (1)  provide a  uniform  reporting  format  for  the
 3        entry  of pertinent information regarding the report of a
 4        missing person into LEADS;
 5             (2)  develop  and  implement  a  policy  whereby   a
 6        statewide  or  regional alert would be used in situations
 7        relating to the disappearances of individuals,  based  on
 8        criteria  and  in a format established by the Department.
 9        Such a format shall include, but not be limited  to,  the
10        age  of the missing person and the suspected circumstance
11        of the disappearance;
12             (3)  notify  all  law  enforcement   agencies   that
13        reports  of  missing  persons shall be entered as soon as
14        the minimum level of data specified by the Department  is
15        available  to  the  reporting agency, and that no waiting
16        period for the entry of such data exists;
17             (4)  compile and retain information regarding  lost,
18        abducted,  missing  or  runaway minors in a separate data
19        file, in a manner that allows such information to be used
20        by law enforcement and other agencies deemed  appropriate
21        by   the  Director,  for  investigative  purposes.   Such
22        information shall include the disposition of all reported
23        lost, abducted, missing or runaway minor cases;
24             (5)  compile   and   maintain   an   historic   data
25        repository relating to lost, abducted, missing or runaway
26        minors and other missing persons in order to develop  and
27        improve  techniques  utilized by law enforcement agencies
28        when responding to reports of missing persons; and
29             (6)  create  a  quality  control  program  regarding
30        confirmation  of  missing  person  data,  timeliness   of
31        entries   of   missing  person  reports  into  LEADS  and
32        performance audits of all entering agencies.
33        25.  On  request  of   a   school   board   or   regional
34    superintendent  of schools, to conduct an inquiry pursuant to
 
HB1029 Enrolled             -33-               LRB9206336JMcs
 1    Section 10-21.9 or 34-18.5 of the School Code to ascertain if
 2    an applicant for employment in a  school  district  has  been
 3    convicted  of  any  criminal  or  drug offenses enumerated in
 4    Section  10-21.9  or  34-18.5  of  the  School   Code.    The
 5    Department  shall  furnish such conviction information to the
 6    President of the school board of the  school  district  which
 7    has  requested  the  information,  or  if the information was
 8    requested by the regional  superintendent  to  that  regional
 9    superintendent.
10        26.  To  promulgate  rules  and regulations necessary for
11    the administration and enforcement of its powers and  duties,
12    wherever  granted  and  imposed,  pursuant  to  the  Illinois
13    Administrative Procedure Act.
14        27.  To   (a)   promulgate   rules   pertaining   to  the
15    certification, revocation of certification  and  training  of
16    law  enforcement officers as electronic criminal surveillance
17    officers, (b) provide training and  technical  assistance  to
18    State's   Attorneys   and   local  law  enforcement  agencies
19    pertaining   to   the   interception    of    private    oral
20    communications,   (c)  promulgate  rules  necessary  for  the
21    administration of  Article  108B  of  the  Code  of  Criminal
22    Procedure of 1963, including but not limited to standards for
23    recording    and    minimization   of   electronic   criminal
24    surveillance  intercepts,  documentation   required   to   be
25    maintained  during  an  intercept,  procedures in relation to
26    evidence  developed  by  an  intercept,  and  (d)  charge   a
27    reasonable  fee  to  each  law  enforcement agency that sends
28    officers  to  receive   training   as   electronic   criminal
29    surveillance officers.
30        28.  Upon  the  request of any private organization which
31    devotes a major portion of  its  time  to  the  provision  of
32    recreational, social, educational or child safety services to
33    children,  to  conduct,  pursuant to positive identification,
34    criminal   background   investigations   of   all   of   that
 
HB1029 Enrolled             -34-               LRB9206336JMcs
 1    organization's   current   employees,   current   volunteers,
 2    prospective employees or prospective volunteers charged  with
 3    the  care and custody of children during the provision of the
 4    organization's services, and  to  report  to  the  requesting
 5    organization  any  record  of  convictions  maintained in the
 6    Department's files about such persons.  The Department  shall
 7    charge  an  application  fee,  based on actual costs, for the
 8    dissemination of  conviction  information  pursuant  to  this
 9    subsection.   The  Department  is empowered to establish this
10    fee and shall prescribe the form and  manner  for  requesting
11    and   furnishing  conviction  information  pursuant  to  this
12    subsection. Information received by the organization from the
13    Department concerning an individual shall be provided to such
14    individual.    Any   such   information   obtained   by   the
15    organization shall be confidential and may not be transmitted
16    outside the organization and may not be transmitted to anyone
17    within the organization except as needed for the  purpose  of
18    evaluating  the  individual.  Only  information and standards
19    which  bear  a  reasonable  and  rational  relation  to   the
20    performance  of child care shall be used by the organization.
21    Any employee of the Department or  any  member,  employee  or
22    volunteer   of   the   organization   receiving  confidential
23    information under this subsection who gives or causes  to  be
24    given  any  confidential  information concerning any criminal
25    convictions of an individual shall be guilty  of  a  Class  A
26    misdemeanor  unless release of such information is authorized
27    by this subsection.
28        29.  Upon the request of the Department of  Children  and
29    Family  Services,  to  investigate  reports of child abuse or
30    neglect.
31        30.  To obtain registration of a fictitious vital  record
32    pursuant to Section 15.1 of the Vital Records Act.
33        31.  To  collect  and disseminate information relating to
34    "hate crimes" as defined under Section 12-7.1 of the Criminal
 
HB1029 Enrolled             -35-               LRB9206336JMcs
 1    Code of 1961 contingent upon the  availability  of  State  or
 2    Federal  funds  to  revise  and  upgrade the Illinois Uniform
 3    Crime Reporting System.  All law enforcement  agencies  shall
 4    report  monthly  to the Department of State Police concerning
 5    such offenses in such form and  in  such  manner  as  may  be
 6    prescribed by rules and regulations adopted by the Department
 7    of  State  Police.  Such information shall be compiled by the
 8    Department and be disseminated upon request to any local  law
 9    enforcement  agency,  unit  of  local  government,  or  state
10    agency.   Dissemination  of such information shall be subject
11    to all confidentiality requirements otherwise imposed by law.
12    The Department of State Police  shall  provide  training  for
13    State  Police  officers  in  identifying,  responding to, and
14    reporting all  hate  crimes.  The  Illinois  Law  Enforcement
15    Training  Standards  Board shall develop and certify a course
16    of  such  training  to  be  made  available  to   local   law
17    enforcement officers.
18        32.  Upon  the  request of a private carrier company that
19    provides transportation under Section 28b of the Metropolitan
20    Transit Authority Act, to ascertain if  an  applicant  for  a
21    driver  position  has  been convicted of any criminal or drug
22    offense enumerated in Section 28b of the Metropolitan Transit
23    Authority Act.  The Department shall furnish  the  conviction
24    information to the private carrier company that requested the
25    information.
26        33.  To  apply  for grants or contracts, receive, expend,
27    allocate, or disburse funds  and  moneys  made  available  by
28    public  or  private  entities, including, but not limited to,
29    contracts, bequests,  grants,  or  receiving  equipment  from
30    corporations,  foundations, or public or private institutions
31    of higher learning.  All funds  received  by  the  Department
32    from  these  sources  shall be deposited into the appropriate
33    fund  in  the  State  Treasury  to  be  appropriated  to  the
34    Department for  purposes  as  indicated  by  the  grantor  or
 
HB1029 Enrolled             -36-               LRB9206336JMcs
 1    contractor  or,  in the case of funds or moneys bequeathed or
 2    granted for no specific purpose, for any  purpose  as  deemed
 3    appropriate    by   the   Director   in   administering   the
 4    responsibilities of the Department.
 5        34.  Upon the request of the Department of  Children  and
 6    Family Services, the Department of State Police shall provide
 7    properly  designated  employees of the Department of Children
 8    and Family Services with criminal history record  information
 9    as defined in the Illinois Uniform Conviction Information Act
10    and  information maintained in the Statewide Central Juvenile
11    record system as defined in subdivision (A)19 of this Section
12    if the Department of Children and Family Services  determines
13    the  information is necessary to perform its duties under the
14    Abused and Neglected Child Reporting Act, the Child Care  Act
15    of  1969,  and  the  Children  and  Family Services Act.  The
16    request shall be in the form  and  manner  specified  by  the
17    Department of State Police.
18        35.  The   Illinois   Department  of  Public  Aid  is  an
19    authorized entity under  this  Section  for  the  purpose  of
20    exchanging  information,  in  the form and manner required by
21    the Department of State Police, to facilitate the location of
22    individuals for  establishing  paternity,  and  establishing,
23    modifying,  and enforcing child support obligations, pursuant
24    to the Illinois Public Aid Code and Title IV, Part D  of  the
25    Social Security Act.
26        36.  Upon request of the Department of Human Services, to
27    conduct  an  assessment  and  evaluation  of sexually violent
28    persons  as  mandated  by  the   Sexually   Violent   Persons
29    Commitment Act, the Department shall furnish criminal history
30    information  maintained on the requested person.  The request
31    shall be in the form and manner specified by the Department.
32        37.  Upon the request of the chief of  a  volunteer  fire
33    department,  the Department shall conduct criminal background
34    investigations of prospective firefighters and report to  the
 
HB1029 Enrolled             -37-               LRB9206336JMcs
 1    requesting  chief any record of convictions maintained in the
 2    Department's files about those persons.  The  Department  may
 3    charge a fee, based on actual costs, for the dissemination of
 4    conviction  information under this paragraph.  The Department
 5    may  prescribe  the  form  and  manner  for  requesting   and
 6    furnishing conviction information under this paragraph.
 7        (B)  The  Department  of  State  Police may establish and
 8    maintain, within the Department of State Police, a  Statewide
 9    Organized  Criminal  Gang Database (SWORD) for the purpose of
10    tracking organized  criminal  gangs  and  their  memberships.
11    Information  in  the database may include, but not be limited
12    to, the  name,  last  known  address,  birth  date,  physical
13    descriptions  (such  as  scars,  marks,  or tattoos), officer
14    safety information, organized gang affiliation, and  entering
15    agency   identifier.    The   Department   may   develop,  in
16    consultation with the Criminal Justice Information Authority,
17    and in a form and manner prescribed  by  the  Department,  an
18    automated  data  exchange system to compile, to maintain, and
19    to  make  this  information   electronically   available   to
20    prosecutors  and  to  other  law  enforcement  agencies.  The
21    information may be used by authorized agencies to combat  the
22    operations of organized criminal gangs statewide.
23        (C)  The  Department  of  State  Police may ascertain the
24    number of  bilingual  police  officers  and  other  personnel
25    needed  to  provide services in a language other than English
26    and may  establish,  under  applicable  personnel  rules  and
27    Department  guidelines  or  through  a  collective bargaining
28    agreement, a bilingual pay supplement program.
29    (Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
30    90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-590,  eff.
31    1-1-00; 90-655, eff. 7-30-98; 90-793, eff.  8-14-98;  revised
32    10-6-98; 91-371, eff. 1-1-00.)

33        (Text of Section from P.A. 91-660)
34        Sec. 55a. Powers and duties.
 
HB1029 Enrolled             -38-               LRB9206336JMcs
 1        (A)  The  Department  of  State  Police  shall  have  the
 2    following  powers and duties, and those set forth in Sections
 3    55a-1 through 55c:
 4        1.  To exercise the rights, powers and duties which  have
 5    been  vested  in the Department of Public Safety by the State
 6    Police Act.
 7        2.  To exercise the rights, powers and duties which  have
 8    been  vested  in the Department of Public Safety by the State
 9    Police Radio Act.
10        3.  To exercise the rights, powers and duties which  have
11    been  vested  in  the  Department  of  Public  Safety  by the
12    Criminal Identification Act.
13        4.  To (a) investigate the origins, activities, personnel
14    and incidents of crime and the ways and means to redress  the
15    victims   of  crimes,  and  study  the  impact,  if  any,  of
16    legislation relative to the effusion  of  crime  and  growing
17    crime  rates,  and  enforce  the  criminal laws of this State
18    related  thereto,  (b)  enforce  all  laws   regulating   the
19    production,  sale, prescribing, manufacturing, administering,
20    transporting, having in possession,  dispensing,  delivering,
21    distributing,  or  use of controlled substances and cannabis,
22    (c)  employ   skilled   experts,   scientists,   technicians,
23    investigators or otherwise specially qualified persons to aid
24    in  preventing or detecting crime, apprehending criminals, or
25    preparing  and  presenting  evidence  of  violations  of  the
26    criminal laws of the State, (d) cooperate with the police  of
27    cities,  villages and incorporated towns, and with the police
28    officers of any county, in enforcing the laws  of  the  State
29    and  in making arrests and recovering property, (e) apprehend
30    and deliver up any person charged in this State or any  other
31    State  of  the  United  States with treason, felony, or other
32    crime, who has fled from justice and is found in this  State,
33    and  (f) conduct such other investigations as may be provided
34    by law. Persons exercising these powers within the Department
 
HB1029 Enrolled             -39-               LRB9206336JMcs
 1    are conservators of the peace and as such have all the powers
 2    possessed by policemen in cities and  sheriffs,  except  that
 3    they  may  exercise  such  powers  anywhere  in  the State in
 4    cooperation  with  and  after  contact  with  the  local  law
 5    enforcement  officials.  Such  persons  may  use   false   or
 6    fictitious  names  in  the  performance of their duties under
 7    this paragraph, upon approval of the Director, and shall  not
 8    be  subject  to  prosecution under the criminal laws for such
 9    use.
10        5.  To: (a) be a  central  repository  and  custodian  of
11    criminal   statistics   for  the  State,  (b)  be  a  central
12    repository  for  criminal  history  record  information,  (c)
13    procure and file for record such information as is  necessary
14    and  helpful  to  plan  programs  of  crime  prevention,  law
15    enforcement  and  criminal  justice, (d) procure and file for
16    record such copies of fingerprints, as  may  be  required  by
17    law,  (e) establish general and field crime laboratories, (f)
18    register and file for  record  such  information  as  may  be
19    required   by   law  for  the  issuance  of  firearm  owner's
20    identification  cards,  (g)   employ   polygraph   operators,
21    laboratory  technicians and other specially qualified persons
22    to aid in the identification of criminal  activity,  and  (h)
23    undertake such other identification, information, laboratory,
24    statistical  or registration activities as may be required by
25    law.
26        6.  To  (a)  acquire  and  operate  one  or  more   radio
27    broadcasting  stations  in  the  State  to be used for police
28    purposes, (b) operate a statewide communications  network  to
29    gather   and  disseminate  information  for  law  enforcement
30    agencies, (c)  operate  an  electronic  data  processing  and
31    computer  center  for  the  storage  and  retrieval  of  data
32    pertaining to criminal activity, and (d) undertake such other
33    communication activities as may be required by law.
34        7.  To  provide, as may be required by law, assistance to
 
HB1029 Enrolled             -40-               LRB9206336JMcs
 1    local  law  enforcement  agencies   through   (a)   training,
 2    management  and consultant services for local law enforcement
 3    agencies, and (b) the pursuit of research and the publication
 4    of studies pertaining to local law enforcement activities.
 5        8.  To exercise the rights, powers and duties which  have
 6    been  vested  in  the  Department  of  State  Police  and the
 7    Director of the Department of State Police  by  the  Narcotic
 8    Control Division Abolition Act.
 9        9.  To  exercise the rights, powers and duties which have
10    been vested  in  the  Department  of  Public  Safety  by  the
11    Illinois Vehicle Code.
12        10.  To exercise the rights, powers and duties which have
13    been vested in the Department of Public Safety by the Firearm
14    Owners Identification Card Act.
15        11.  To   enforce  and  administer  such  other  laws  in
16    relation  to  law  enforcement  as  may  be  vested  in   the
17    Department.
18        12.  To  transfer  jurisdiction  of  any  realty title to
19    which is held by the State of Illinois under the  control  of
20    the   Department   to  any  other  department  of  the  State
21    government or to the State Employees Housing  Commission,  or
22    to  acquire  or  accept  Federal  land,  when  such transfer,
23    acquisition or acceptance is advantageous to the State and is
24    approved in writing by the Governor.
25        13.  With the written approval of the Governor, to  enter
26    into  agreements  with other departments created by this Act,
27    for the furlough of inmates of the penitentiary to such other
28    departments  for  their  use  in  research   programs   being
29    conducted by them.
30        For   the  purpose  of  participating  in  such  research
31    projects,  the  Department  may  extend  the  limits  of  any
32    inmate's place of confinement, when there is reasonable cause
33    to believe that the inmate will honor his  or  her  trust  by
34    authorizing the inmate, under prescribed conditions, to leave
 
HB1029 Enrolled             -41-               LRB9206336JMcs
 1    the  confines of the place unaccompanied by a custodial agent
 2    of the Department. The Department shall make rules  governing
 3    the transfer of the inmate to the requesting other department
 4    having  the approved research project, and the return of such
 5    inmate to the unextended confines of the  penitentiary.  Such
 6    transfer shall be made only with the consent of the inmate.
 7        The  willful  failure  of a prisoner to remain within the
 8    extended limits of his or her confinement or to return within
 9    the time or manner prescribed to  the  place  of  confinement
10    designated by the Department in granting such extension shall
11    be  deemed  an  escape  from  custody  of  the Department and
12    punishable as provided in Section 3-6-4 of the  Unified  Code
13    of Corrections.
14        14.  To  provide  investigative services, with all of the
15    powers possessed by policemen in cities and sheriffs, in  and
16    around  all  race  tracks  subject to the Horse Racing Act of
17    1975.
18        15.  To expend such sums as the Director deems  necessary
19    from  Contractual Services appropriations for the Division of
20    Criminal Investigation for the purchase of evidence  and  for
21    the employment of persons to obtain evidence. Such sums shall
22    be  advanced  to  agents authorized by the Director to expend
23    funds, on vouchers signed by the Director.
24        16.  To  assist  victims  and  witnesses  in  gang  crime
25    prosecutions through the administration of funds appropriated
26    from the Gang Violence Victims  and  Witnesses  Fund  to  the
27    Department.    Such   funds  shall  be  appropriated  to  the
28    Department and shall only  be  used  to  assist  victims  and
29    witnesses  in gang crime prosecutions and such assistance may
30    include any of the following:
31             (a)  temporary living costs;
32             (b)  moving expenses;
33             (c)  closing costs on the sale of private residence;
34             (d)  first month's rent;
 
HB1029 Enrolled             -42-               LRB9206336JMcs
 1             (e)  security deposits;
 2             (f)  apartment location assistance;
 3             (g)  other expenses which the  Department  considers
 4        appropriate; and
 5             (h)  compensation  for any loss of or injury to real
 6        or personal property resulting from a  gang  crime  to  a
 7        maximum of $5,000, subject to the following provisions:
 8                  (1)  in  the  case  of  loss  of  property, the
 9             amount of compensation  shall  be  measured  by  the
10             replacement  cost  of similar or like property which
11             has been incurred by and which is  substantiated  by
12             the property owner,
13                  (2)  in  the  case  of  injury to property, the
14             amount of compensation shall be measured by the cost
15             of repair incurred and which can be substantiated by
16             the property owner,
17                  (3)  compensation under  this  provision  is  a
18             secondary   source  of  compensation  and  shall  be
19             reduced by any amount the  property  owner  receives
20             from  any  other source as compensation for the loss
21             or injury, including, but not limited  to,  personal
22             insurance coverage,
23                  (4)  no  compensation  may  be  awarded  if the
24             property owner was an offender or an  accomplice  of
25             the offender, or if the award would unjustly benefit
26             the  offender  or offenders, or an accomplice of the
27             offender or offenders.
28        No victim or witness may receive such assistance if he or
29    she is not a part of or  fails  to  fully  cooperate  in  the
30    prosecution   of   gang  crime  members  by  law  enforcement
31    authorities.
32        The Department shall promulgate any rules  necessary  for
33    the implementation of this amendatory Act of 1985.
34        17.  To conduct arson investigations.
 
HB1029 Enrolled             -43-               LRB9206336JMcs
 1        18.  To  develop  a separate statewide statistical police
 2    contact record keeping  system  for  the  study  of  juvenile
 3    delinquency.  The records of this police contact system shall
 4    be  limited  to  statistical  information.   No  individually
 5    identifiable information shall be maintained  in  the  police
 6    contact statistical record system.
 7        19.  To  develop  a  separate  statewide central juvenile
 8    records system for persons arrested prior to the  age  of  17
 9    under  Section  5-401  of  the  Juvenile Court Act of 1987 or
10    adjudicated  delinquent  minors  and  to   make   information
11    available  to  local  law  enforcement  officers  so that law
12    enforcement officers will be able to obtain rapid  access  to
13    the  background  of the minor from other jurisdictions to the
14    end that the juvenile police officers  can  make  appropriate
15    decisions which will best serve the interest of the child and
16    the  community.    The  Department  shall  submit a quarterly
17    report to the  General  Assembly  and  Governor  which  shall
18    contain  the  number  of juvenile records that the Department
19    has received in that quarter and  a  list,  by  category,  of
20    offenses  that  minors  were  arrested for or convicted of by
21    age, race and gender.
22        20.  To develop rules which guarantee the confidentiality
23    of such individually identifiable juvenile records except  to
24    juvenile  authorities  who request information concerning the
25    minor and who certify in writing that  the  information  will
26    not  be disclosed to any other party except as provided under
27    law or  order  of  court.   For  purposes  of  this  Section,
28    "juvenile  authorities"  means:  (i)  a  judge of the circuit
29    court and members of the staff of the court designated by the
30    judge; (ii) parties to the  proceedings  under  the  Juvenile
31    Court  Act  of  1987  and  their  attorneys;  (iii) probation
32    officers and  court  appointed  advocates  for  the  juvenile
33    authorized by the judge hearing the case; (iv) any individual
34    or  public  or  private  agency  having  custody of the child
 
HB1029 Enrolled             -44-               LRB9206336JMcs
 1    pursuant to court order; (v)  any  individual  or  public  or
 2    private  agency providing education, medical or mental health
 3    service to the child when the requested information is needed
 4    to determine the appropriate service  or  treatment  for  the
 5    minor;  (vi)  any  potential  placement  provider  when  such
 6    release is authorized by the court for the limited purpose of
 7    determining  the  appropriateness of the potential placement;
 8    (vii) law enforcement officers and prosecutors; (viii)  adult
 9    and juvenile prisoner review boards; (ix) authorized military
10    personnel;  (x)  individuals  authorized  by  court; (xi) the
11    Illinois General Assembly  or  any  committee  or  commission
12    thereof.
13        21.  To  develop  administrative rules and administrative
14    hearing procedures which allow a minor, his or her  attorney,
15    and  his  or  her  parents or guardian access to individually
16    identifiable juvenile records for the purpose of  determining
17    or   challenging   the   accuracy   of  the  records.   Final
18    administrative decisions shall be subject to  the  provisions
19    of the Administrative Review Law.
20        22.  To  charge,  collect,  and  receive  fees  or moneys
21    equivalent to the  cost  of  providing  Department  of  State
22    Police   personnel,   equipment,   and   services   to  local
23    governmental agencies when explicitly requested  by  a  local
24    governmental  agency  and  pursuant  to  an intergovernmental
25    agreement as provided by this Section, other State  agencies,
26    and  federal  agencies,  including but not limited to fees or
27    moneys  equivalent  to  the  cost  of  providing  dispatching
28    services, radio and  radar  repair,  and  training  to  local
29    governmental  agencies on such terms and conditions as in the
30    judgment of the Director are in  the  best  interest  of  the
31    State;  and to establish, charge, collect and receive fees or
32    moneys based on the cost of providing responses  to  requests
33    for  criminal history record information pursuant to positive
34    identification and any Illinois or  federal  law  authorizing
 
HB1029 Enrolled             -45-               LRB9206336JMcs
 1    access  to  some  aspect of such information and to prescribe
 2    the form  and  manner  for  requesting  and  furnishing  such
 3    information  to the requestor on such terms and conditions as
 4    in the judgment of the Director are in the best  interest  of
 5    the  State,  provided  fees  for  requesting  and  furnishing
 6    criminal   history  record  information  may  be  waived  for
 7    requests in the due administration of the criminal laws.  The
 8    Department  may  also  charge,  collect  and  receive fees or
 9    moneys equivalent to the cost of  providing  electronic  data
10    processing  lines  or  related  telecommunication services to
11    local  governments,  but  only  when  such  services  can  be
12    provided  by  the  Department  at  a  cost  less  than   that
13    experienced  by  said  local governments through other means.
14    All services provided by the Department  shall  be  conducted
15    pursuant    to    contracts    in    accordance    with   the
16    Intergovernmental Cooperation Act, and all  telecommunication
17    services  shall  be  provided  pursuant  to the provisions of
18    Section 67.18 of this Code.
19        All fees received by the Department of State Police under
20    this Act or the Illinois Uniform Conviction  Information  Act
21    shall be deposited in a special fund in the State Treasury to
22    be  known  as  the  State  Police  Services  Fund.  The money
23    deposited  in  the  State  Police  Services  Fund  shall   be
24    appropriated  to  the Department of State Police for expenses
25    of the Department of State Police.
26        Upon the completion of any audit  of  the  Department  of
27    State  Police  as  prescribed  by the Illinois State Auditing
28    Act, which audit  includes  an  audit  of  the  State  Police
29    Services  Fund, the Department of State Police shall make the
30    audit open to inspection by any interested person.
31        23.  To exercise the powers and perform the duties  which
32    have  been  vested  in  the Department of State Police by the
33    Intergovernmental Missing Child Recovery Act of 1984, and  to
34    establish   reasonable  rules  and  regulations  necessitated
 
HB1029 Enrolled             -46-               LRB9206336JMcs
 1    thereby.
 2        24. (a)  To  establish  and  maintain  a  statewide   Law
 3    Enforcement  Agencies  Data System (LEADS) for the purpose of
 4    providing  electronic  access  by  authorized   entities   to
 5    criminal justice data repositories and effecting an immediate
 6    law  enforcement  response  to  reports  of  missing persons,
 7    including lost, missing or runaway  minors.   The  Department
 8    shall implement an automatic data exchange system to compile,
 9    to  maintain  and  to make available to other law enforcement
10    agencies for immediate dissemination data  which  can  assist
11    appropriate   agencies  in  recovering  missing  persons  and
12    provide  access  by  authorized  entities  to  various   data
13    repositories available through LEADS for criminal justice and
14    related  purposes.   To assist the Department in this effort,
15    funds may be appropriated from the LEADS Maintenance Fund.
16        (b)  In exercising its duties under this subsection,  the
17    Department shall:
18             (1)  provide  a  uniform  reporting  format  for the
19        entry of pertinent information regarding the report of  a
20        missing person into LEADS;
21             (2)  develop   and  implement  a  policy  whereby  a
22        statewide or regional alert would be used  in  situations
23        relating  to  the disappearances of individuals, based on
24        criteria and in a format established by  the  Department.
25        Such  a  format shall include, but not be limited to, the
26        age of the missing person and the suspected  circumstance
27        of the disappearance;
28             (3)  notify   all   law  enforcement  agencies  that
29        reports of missing persons shall be entered  as  soon  as
30        the  minimum level of data specified by the Department is
31        available to the reporting agency, and  that  no  waiting
32        period for the entry of such data exists;
33             (4)  compile  and retain information regarding lost,
34        abducted, missing or runaway minors in  a  separate  data
 
HB1029 Enrolled             -47-               LRB9206336JMcs
 1        file, in a manner that allows such information to be used
 2        by  law enforcement and other agencies deemed appropriate
 3        by  the  Director,  for  investigative  purposes.    Such
 4        information shall include the disposition of all reported
 5        lost, abducted, missing or runaway minor cases;
 6             (5)  compile   and   maintain   an   historic   data
 7        repository relating to lost, abducted, missing or runaway
 8        minors  and other missing persons in order to develop and
 9        improve techniques utilized by law  enforcement  agencies
10        when responding to reports of missing persons; and
11             (6)  create  a  quality  control  program  regarding
12        confirmation   of  missing  person  data,  timeliness  of
13        entries  of  missing  person  reports  into   LEADS   and
14        performance audits of all entering agencies.
15        25.  On   request   of   a   school   board  or  regional
16    superintendent of schools, to conduct an inquiry pursuant  to
17    Section 10-21.9 or 34-18.5 of the School Code to ascertain if
18    an  applicant  for  employment  in a school district has been
19    convicted of any criminal  or  drug  offenses  enumerated  in
20    Section   10-21.9   or  34-18.5  of  the  School  Code.   The
21    Department shall furnish such conviction information  to  the
22    President  of  the  school board of the school district which
23    has requested the information,  or  if  the  information  was
24    requested  by  the  regional  superintendent to that regional
25    superintendent.
26        26.  To promulgate rules and  regulations  necessary  for
27    the  administration and enforcement of its powers and duties,
28    wherever  granted  and  imposed,  pursuant  to  the  Illinois
29    Administrative Procedure Act.
30        27.  To  (a)   promulgate   rules   pertaining   to   the
31    certification,  revocation  of  certification and training of
32    law enforcement officers as electronic criminal  surveillance
33    officers,  (b)  provide  training and technical assistance to
34    State's  Attorneys  and  local   law   enforcement   agencies
 
HB1029 Enrolled             -48-               LRB9206336JMcs
 1    pertaining    to    the    interception   of   private   oral
 2    communications,  (c)  promulgate  rules  necessary  for   the
 3    administration  of  Article  108B  of  the  Code  of Criminal
 4    Procedure of 1963, including but not limited to standards for
 5    recording   and   minimization   of    electronic    criminal
 6    surveillance   intercepts,   documentation   required  to  be
 7    maintained during an intercept,  procedures  in  relation  to
 8    evidence   developed  by  an  intercept,  and  (d)  charge  a
 9    reasonable fee to each  law  enforcement  agency  that  sends
10    officers   to   receive   training   as  electronic  criminal
11    surveillance officers.
12        28.  Upon the request of any private  organization  which
13    devotes  a  major  portion  of  its  time to the provision of
14    recreational, social, educational or child safety services to
15    children, to conduct, pursuant  to  positive  identification,
16    criminal   background   investigations   of   all   of   that
17    organization's   current   employees,   current   volunteers,
18    prospective  employees or prospective volunteers charged with
19    the care and custody of children during the provision of  the
20    organization's  services,  and  to  report  to the requesting
21    organization any record  of  convictions  maintained  in  the
22    Department's  files about such persons.  The Department shall
23    charge an application fee, based on  actual  costs,  for  the
24    dissemination  of  conviction  information  pursuant  to this
25    subsection.  The Department is empowered  to  establish  this
26    fee  and  shall  prescribe the form and manner for requesting
27    and  furnishing  conviction  information  pursuant  to   this
28    subsection. Information received by the organization from the
29    Department concerning an individual shall be provided to such
30    individual.    Any   such   information   obtained   by   the
31    organization shall be confidential and may not be transmitted
32    outside the organization and may not be transmitted to anyone
33    within  the  organization except as needed for the purpose of
34    evaluating the individual.  Only  information  and  standards
 
HB1029 Enrolled             -49-               LRB9206336JMcs
 1    which   bear  a  reasonable  and  rational  relation  to  the
 2    performance of child care shall be used by the  organization.
 3    Any  employee  of  the  Department or any member, employee or
 4    volunteer  of   the   organization   receiving   confidential
 5    information  under  this subsection who gives or causes to be
 6    given any confidential information  concerning  any  criminal
 7    convictions  of  an  individual  shall be guilty of a Class A
 8    misdemeanor unless release of such information is  authorized
 9    by this subsection.
10        29.  Upon  the  request of the Department of Children and
11    Family Services, to investigate reports  of  child  abuse  or
12    neglect.
13        30.  To  obtain registration of a fictitious vital record
14    pursuant to Section 15.1 of the Vital Records Act.
15        31.  To collect and disseminate information  relating  to
16    "hate crimes" as defined under Section 12-7.1 of the Criminal
17    Code  of  1961  contingent  upon the availability of State or
18    Federal funds to revise  and  upgrade  the  Illinois  Uniform
19    Crime  Reporting  System.  All law enforcement agencies shall
20    report monthly to the Department of State  Police  concerning
21    such  offenses  in  such  form  and  in such manner as may be
22    prescribed by rules and regulations adopted by the Department
23    of State Police.  Such information shall be compiled  by  the
24    Department  and be disseminated upon request to any local law
25    enforcement  agency,  unit  of  local  government,  or  state
26    agency.  Dissemination of such information shall  be  subject
27    to all confidentiality requirements otherwise imposed by law.
28    The  Department  of  State  Police shall provide training for
29    State Police officers  in  identifying,  responding  to,  and
30    reporting  all  hate  crimes.  The  Illinois  Law Enforcement
31    Training Standards Board shall develop and certify  a  course
32    of   such   training  to  be  made  available  to  local  law
33    enforcement officers.
34        32.  Upon the request of a private carrier  company  that
 
HB1029 Enrolled             -50-               LRB9206336JMcs
 1    provides transportation under Section 28b of the Metropolitan
 2    Transit  Authority  Act,  to  ascertain if an applicant for a
 3    driver position has been convicted of any  criminal  or  drug
 4    offense enumerated in Section 28b of the Metropolitan Transit
 5    Authority  Act.   The Department shall furnish the conviction
 6    information to the private carrier company that requested the
 7    information.
 8        33.  To apply for grants or contracts,  receive,  expend,
 9    allocate,  or  disburse  funds  and  moneys made available by
10    public or private entities, including, but  not  limited  to,
11    contracts,  bequests,  grants,  or  receiving  equipment from
12    corporations, foundations, or public or private  institutions
13    of  higher  learning.   All  funds received by the Department
14    from these sources shall be deposited  into  the  appropriate
15    fund  in  the  State  Treasury  to  be  appropriated  to  the
16    Department  for  purposes  as  indicated  by  the  grantor or
17    contractor or, in the case of funds or moneys  bequeathed  or
18    granted  for  no  specific purpose, for any purpose as deemed
19    appropriate   by   the   Director   in   administering    the
20    responsibilities of the Department.
21        34.  Upon  the  request of the Department of Children and
22    Family Services, the Department of State Police shall provide
23    properly designated employees of the Department  of  Children
24    and  Family Services with criminal history record information
25    as defined in the Illinois Uniform Conviction Information Act
26    and information maintained in the Statewide Central  Juvenile
27    record system as defined in subdivision (A)19 of this Section
28    if  the Department of Children and Family Services determines
29    the information is necessary to perform its duties under  the
30    Abused  and Neglected Child Reporting Act, the Child Care Act
31    of 1969, and the  Children  and  Family  Services  Act.   The
32    request  shall  be  in  the  form and manner specified by the
33    Department of State Police.
34        35.  The  Illinois  Department  of  Public  Aid   is   an
 
HB1029 Enrolled             -51-               LRB9206336JMcs
 1    authorized  entity  under  this  Section  for  the purpose of
 2    exchanging information, in the form and  manner  required  by
 3    the Department of State Police, to facilitate the location of
 4    individuals  for  establishing  paternity,  and establishing,
 5    modifying, and enforcing child support obligations,  pursuant
 6    to  the  Illinois Public Aid Code and Title IV, Part D of the
 7    Social Security Act.
 8        36.  Upon request of the Department of Human Services, to
 9    conduct an assessment  and  evaluation  of  sexually  violent
10    persons   as   mandated   by  the  Sexually  Violent  Persons
11    Commitment Act, the Department shall furnish criminal history
12    information maintained on the requested person.  The  request
13    shall be in the form and manner specified by the Department.
14        37.  To  exercise  the  powers  and  perform  the  duties
15    specifically  assigned  to  the Department under the Wireless
16    Emergency  Telephone  Safety  Act   with   respect   to   the
17    development   and  improvement  of  emergency  communications
18    procedures and facilities in such a manner as to facilitate a
19    quick response to  any  person  calling  the  number  "9-1-1"
20    seeking  police,  fire,  medical, or other emergency services
21    through a wireless carrier as defined in Section  10  of  the
22    Wireless  Emergency  Telephone  Safety  Act.   Nothing in the
23    Wireless Emergency Telephone Safety  Act  shall  require  the
24    Illinois  State  Police  to  provide  wireless enhanced 9-1-1
25    services.
26        (B)  The Department of State  Police  may  establish  and
27    maintain,  within the Department of State Police, a Statewide
28    Organized Criminal Gang Database (SWORD) for the  purpose  of
29    tracking  organized  criminal  gangs  and  their memberships.
30    Information in the database may include, but not  be  limited
31    to,  the  name,  last  known  address,  birth  date, physical
32    descriptions (such as  scars,  marks,  or  tattoos),  officer
33    safety  information, organized gang affiliation, and entering
34    agency  identifier.    The   Department   may   develop,   in
 
HB1029 Enrolled             -52-               LRB9206336JMcs
 1    consultation with the Criminal Justice Information Authority,
 2    and  in  a  form  and manner prescribed by the Department, an
 3    automated data exchange system to compile, to  maintain,  and
 4    to   make   this   information  electronically  available  to
 5    prosecutors and  to  other  law  enforcement  agencies.   The
 6    information  may be used by authorized agencies to combat the
 7    operations of organized criminal gangs statewide.
 8        (C)  The Department of State  Police  may  ascertain  the
 9    number  of  bilingual  police  officers  and  other personnel
10    needed to provide services in a language other  than  English
11    and  may  establish,  under  applicable  personnel  rules and
12    Department guidelines  or  through  a  collective  bargaining
13    agreement, a bilingual pay supplement program.
14    (Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
15    90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-590,  eff.
16    1-1-00;  90-655,  eff. 7-30-98; 90-793, eff. 8-14-98; revised
17    1-21-99; 91-660, eff. 12-22-99.)

18        Section 20.  The Local Records Act is amended by changing
19    Section 3b as follows:

20        (50 ILCS 205/3b)
21        Sec. 3b.  Arrest reports.
22        (a)  When  an  individual  is  arrested,  the   following
23    information  must  be  made  available  to the news media for
24    inspection and copying:
25             (1)  Information  that  identifies  the   individual
26        person, including the name, age, address, and photograph,
27        when and if available.
28             (2)  Information  detailing  any charges relating to
29        the arrest.
30             (3)  The time and location of the arrest.
31             (4)  The name of the investigating or arresting  law
32        enforcement agency.
 
HB1029 Enrolled             -53-               LRB9206336JMcs
 1             (5)  If  the  individual is incarcerated, the amount
 2        of any bail or bond.
 3             (6)  If the individual is incarcerated, the time and
 4        date that the individual  was  received,  discharged,  or
 5        transferred from the arresting agency's custody.
 6        (b)  The  information  required  by  this Section must be
 7    made available to the news media for inspection  and  copying
 8    as soon as practicable, but in no event shall the time period
 9    exceed  72  hours from the arrest.  The information described
10    in paragraphs (3), (4), (5), and  (6)  3,  4,  5,  and  6  of
11    subsection  (a), however, may be withheld if it is determined
12    that disclosure would:
13             (1)  interfere  with   pending   or   actually   and
14        reasonably   contemplated   law  enforcement  proceedings
15        conducted by any law enforcement or correctional agency;
16             (2)  endanger the life or  physical  safety  of  law
17        enforcement   or  correctional  personnel  or  any  other
18        person; or
19             (3)  compromise the  security  of  any  correctional
20        facility.
21        (c)  For  the  purposes  of  this  Section the term "news
22    media" means personnel of a  newspaper  or  other  periodical
23    issued  at  regular  intervals whether in print or electronic
24    format, a news service whether in print or electronic format,
25    a radio station, a television station, a television  network,
26    a  community  antenna  television  service,  or  a  person or
27    corporation engaged in making  news  reels  or  other  motion
28    picture news for public showing.
29        (d)  Each  law  enforcement  or  correctional  agency may
30    charge fees for arrest records, but in no  instance  may  the
31    fee  exceed the actual cost of copying and reproduction.  The
32    fees may not include the cost of the labor used to  reproduce
33    the arrest record.
34        (e)  The  provisions of this Section do not supersede the
 
HB1029 Enrolled             -54-               LRB9206336JMcs
 1    confidentiality provisions for arrest records of the Juvenile
 2    Court Act of 1987.
 3    (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)

 4        Section  25.  The  Campus  Security  Act  is  amended  by
 5    changing Section 15 as follows:

 6        (110 ILCS 12/15)
 7        Sec. 15.  Arrest reports.
 8        (a)  When  an  individual  is  arrested,  the   following
 9    information  must  be  made  available  to the news media for
10    inspection and copying:
11             (1)  Information  that  identifies  the   individual
12        person, including the name, age, address, and photograph,
13        when and if available.
14             (2)  Information  detailing  any charges relating to
15        the arrest.
16             (3)  The time and location of the arrest.
17             (4)  The name of the investigating or arresting  law
18        enforcement agency.
19             (5)  If  the  individual is incarcerated, the amount
20        of any bail or bond.
21             (6)  If the individual is incarcerated, the time and
22        date that the individual  was  received,  discharged,  or
23        transferred from the arresting agency's custody.
24        (b)  The  information  required  by  this Section must be
25    made available to the news media for inspection  and  copying
26    as soon as practicable, but in no event shall the time period
27    exceed  72  hours from the arrest.  The information described
28    in paragraphs (3), (4), (5), and  (6)  3,  4,  5,  and  6  of
29    subsection  (a), however, may be withheld if it is determined
30    that disclosure would:
31             (1)  interfere  with   pending   or   actually   and
32        reasonably   contemplated   law  enforcement  proceedings
 
HB1029 Enrolled             -55-               LRB9206336JMcs
 1        conducted by any law enforcement or correctional agency;
 2             (2)  endanger the life or  physical  safety  of  law
 3        enforcement   or  correctional  personnel  or  any  other
 4        person; or
 5             (3)  compromise the  security  of  any  correctional
 6        facility.
 7        (c)  For  the  purposes  of  this  Section the term "news
 8    media" means personnel of a  newspaper  or  other  periodical
 9    issued  at  regular  intervals whether in print or electronic
10    format, a news service whether in print or electronic format,
11    a radio station, a television station, a television  network,
12    a  community  antenna  television  service,  or  a  person or
13    corporation engaged in making  news  reels  or  other  motion
14    picture news for public showing.
15        (d)  Each  law  enforcement  or  correctional  agency may
16    charge fees for arrest records, but in no  instance  may  the
17    fee  exceed the actual cost of copying and reproduction.  The
18    fees may not include the cost of the labor used to  reproduce
19    the arrest record.
20        (e)  The  provisions of this Section do not supersede the
21    confidentiality provisions for arrest records of the Juvenile
22    Court Act of 1987.
23    (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)

24        Section 30.  The Illinois  Vehicle  Code  is  amended  by
25    changing Section 1-148.5 as follows:

26        (625 ILCS 5/1-148.5)
27        Sec.   1-148.5.  News   media.    A  newspaper  or  other
28    periodical issued at regular intervals whether  in  print  or
29    electronic  format,  a  news  service  whether  in  print  or
30    electronic  format,  a radio station, a television station, a
31    television network, a community antenna  television  service,
32    or  a  person  or corporation engaged in making news reels or
 
HB1029 Enrolled             -56-               LRB9206336JMcs
 1    other motion picture news for public showing.
 2    (Source: P.A. 90-144, eff. 7-23-97.)

 3        Section 35.  The Code of Civil Procedure  is  amended  by
 4    changing Section 8-902 as follows:

 5        (735 ILCS 5/8-902) (from Ch. 110, par. 8-902)
 6        Sec. 8-902.  Definitions. As used in this Act:
 7        (a)  "reporter" means any person regularly engaged in the
 8    business   of   collecting,   writing  or  editing  news  for
 9    publication through a news medium on a full-time or part-time
10    basis; and includes any person who was a reporter at the time
11    the information sought was procured or obtained.
12        (b)  "news  medium"  means   any   newspaper   or   other
13    periodical  issued  at  regular intervals whether in print or
14    electronic format and having a general  circulation;  a  news
15    service  whether  in  print  or  electronic  format;  a radio
16    station;  a  television  station;  a  television  network;  a
17    community antenna  television  service;  and  any  person  or
18    corporation  engaged  in  the  making  of news reels or other
19    motion picture news for public showing.
20        (c)  "source" means the person or means from  or  through
21    which the news or information was obtained.
22    (Source: P.A. 84-398.)

23        Section  95.   No  acceleration or delay.  Where this Act
24    makes changes in a statute that is represented in this Act by
25    text that is not yet or no longer in effect (for  example,  a
26    Section  represented  by  multiple versions), the use of that
27    text does not accelerate or delay the taking  effect  of  (i)
28    the  changes made by this Act or (ii) provisions derived from
29    any other Public Act.

30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.

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