State of Illinois
92nd General Assembly

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 1        AN ACT in relation to conviction information.

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

 4        Section   5.  The Illinois Uniform Conviction Information
 5    Act is amended by changing Section 3 as follows:

 6        (20 ILCS 2635/3) (from Ch. 38, par. 1603)
 7        Sec. 3.  Definitions.  Whenever used in this Act, and for
 8    the  purposes  of  this  Act,  unless  the  context   clearly
 9    indicates otherwise:
10        (A)  "Accurate"  means  factually  correct, containing no
11    mistake or error of a material nature.
12        (B)  The phrase "administer the criminal  laws"  includes
13    any  of  the  following  activities:  intelligence gathering,
14    surveillance, criminal  investigation,  crime  detection  and
15    prevention  (including  research),  apprehension,  detention,
16    pretrial or post-trial release, prosecution, the correctional
17    supervision  or rehabilitation of accused persons or criminal
18    offenders,  criminal  identification   activities,   or   the
19    collection,  maintenance or dissemination of criminal history
20    record information.
21        (C)  "The Authority" means the Illinois Criminal  Justice
22    Information Authority.
23        (D)  "Automated"  means  the  utilization  of  computers,
24    telecommunication  lines,  or other automatic data processing
25    equipment  for  data   collection   or   storage,   analysis,
26    processing,   preservation,  maintenance,  dissemination,  or
27    display and is distinguished from  a  system  in  which  such
28    activities are performed manually.
29        (E)  "Complete"   means  accurately  reflecting  all  the
30    criminal history record information about an individual  that
31    is  required  to  be  reported  to the Department pursuant to
                            -2-                LRB9207285RCcd
 1    Section 2.1 of the Criminal Identification Act.
 2        (F)  "Conviction information"  means  data  reflecting  a
 3    judgment  of guilt or nolo contendere.  The term includes all
 4    prior  and  subsequent  criminal  history   events   directly
 5    relating  to such judgments, such as, but not limited to: (1)
 6    the notation of arrest; (2) the notation  of  charges  filed;
 7    (3)  the  sentence imposed; (4) the fine imposed; and (5) all
 8    related   probation,   parole,   and   release   information.
 9    Information ceases to  be  "conviction  information"  when  a
10    judgment of guilt is reversed or vacated.
11        For  purposes of this Act, continuances to a date certain
12    in furtherance of  an  order  of  supervision  granted  under
13    Section  5-6-1 of the Unified Code of Corrections or an order
14    of probation granted under either Section 10 of the  Cannabis
15    Control   Act,   Section   410  of  the  Illinois  Controlled
16    Substances Act, Section 12-4.3 of the Criminal Code of  1961,
17    Section  10-102  of  the  Illinois  Alcoholism and Other Drug
18    Dependency Act, Section 40-10 of  the  Alcoholism  and  Other
19    Drug  Abuse  and Dependency Act, or Section 10 of the Steroid
20    Control Act shall not be deemed "conviction information".
21        (G)  "Criminal history  record  information"  means  data
22    identifiable  to an individual and consisting of descriptions
23    or   notations   of   arrests,    detentions,    indictments,
24    informations,  pretrial  proceedings, trials, or other formal
25    events in the criminal  justice  system  or  descriptions  or
26    notations  of criminal charges (including criminal violations
27    of  local  municipal  ordinances)  and  the  nature  of   any
28    disposition   arising   from   criminal   charges  therefrom,
29    including  sentencing,  court  or  correctional  supervision,
30    rehabilitation and release.   The  term  does  not  apply  to
31    statistical  records  and reports in which individual are not
32    identified  and  from  which   their   identities   are   not
33    ascertainable,   or  to  information  that  is  for  criminal
34    investigative or intelligence purposes.
                            -3-                LRB9207285RCcd
 1        (H)  "Criminal justice agency"  means  (1)  a  government
 2    agency   or  any  subunit  thereof  which  is  authorized  to
 3    administer  the  criminal  laws   and   which   allocates   a
 4    substantial  part  of  its annual budget for that purpose, or
 5    (2) an agency supported by public funds which  is  authorized
 6    as its principal function to administer the criminal laws and
 7    which  is  officially  designated  by  the  Department  as  a
 8    criminal justice agency for purposes of this Act.
 9        (I)  "The  Department"  means  the Illinois Department of
10    State Police.
11        (J)  "Director"  means  the  Director  of  the   Illinois
12    Department of State Police.
13        (K)  "Disseminate"   means   to   disclose   or  transmit
14    conviction  information  in  any  form,  oral,  written,   or
15    otherwise.
16        (L)  "Exigency"  means  pending  danger  or the threat of
17    pending danger to an individual or property.
18        (M)  "Non-criminal justice agency" means a State  agency,
19    Federal  agency,  or  unit  of local government that is not a
20    criminal justice agency.  The term does not refer to  private
21    individuals,  corporations,  or  non-governmental agencies or
22    organizations.
23        (M-5)  "Request" means the submission to the  Department,
24    in  the form and manner required, the necessary data elements
25    or fingerprints, or both, to allow the Department to initiate
26    a search of its criminal history record information files.
27        (N)  "Requester"   means    any    private    individual,
28    corporation, organization, employer, employment agency, labor
29    organization,  or non-criminal justice agency that has made a
30    request pursuant to this Act to obtain conviction information
31    maintained in the files of the  Department  of  State  Police
32    regarding a particular individual.
33        (O)  "Statistical  information" means data from which the
34    identity   of   an   individual   cannot   be    ascertained,
                            -4-                LRB9207285RCcd
 1    reconstructed,  or  verified  and to which the identity of an
 2    individual  cannot  be  linked  by  the  recipient   of   the
 3    information.
 4    (Source: P.A. 88-368; 88-670, eff. 12-2-94.)

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