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92_HB4047sam003
LRB9215539RCpcam
1 AMENDMENT TO HOUSE BILL 4047
2 AMENDMENT NO. . Amend House Bill 4047 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal law."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Criminal Identification Act is amended
8 by changing Section 3 as follows:
9 (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
10 Sec. 3. Information to be furnished peace officers and
11 commanding officers of certain military installations in
12 Illinois.
13 (A) The Department shall file or cause to be filed all
14 plates, photographs, outline pictures, measurements,
15 descriptions and information which shall be received by it by
16 virtue of its office and shall make a complete and systematic
17 record and index of the same, providing thereby a method of
18 convenient reference and comparison. The Department shall
19 furnish, upon application, all information pertaining to the
20 identification of any person or persons, a plate, photograph,
21 outline picture, description, measurements, or any data of
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1 which there is a record in its office. Such information shall
2 be furnished to peace officers of the United States, of other
3 states or territories, of the Insular possessions of the
4 United States, of foreign countries duly authorized to
5 receive the same, to all peace officers of the State of
6 Illinois, to investigators of the Illinois Law Enforcement
7 Training Standards Board and, conviction information only, to
8 units of local government, school districts and private
9 organizations, under the provisions of Section 2605-10,
10 2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
11 2605-120, 2605-130, 2605-140, 2605-190, 2605-200, 2605-205,
12 2605-210, 2605-215, 2605-250, 2605-275, 2605-300, 2605-305,
13 2605-315, 2605-325, 2605-335, 2605-340, 2605-350, 2605-355,
14 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
15 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or 2605-550
16 of the Department of State Police Law (20 ILCS 2605/2605-10,
17 2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
18 2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130,
19 2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205,
20 2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
21 2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325,
22 2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355,
23 2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390,
24 2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430,
25 2605/2605-435, 2605/2605-500, 2605/2605-525, or
26 2605/2605-550). Applications shall be in writing and
27 accompanied by a certificate, signed by the peace officer or
28 chief administrative officer or his designee making such
29 application, to the effect that the information applied for
30 is necessary in the interest of and will be used solely in
31 the due administration of the criminal laws or for the
32 purpose of evaluating the qualifications and character of
33 employees, prospective employees, volunteers, or prospective
34 volunteers of units of local government, school districts,
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1 and private organizations.
2 For the purposes of this subsection, "chief
3 administrative officer" is defined as follows:
4 a) The city manager of a city or, if a city does
5 not employ a city manager, the mayor of the city.
6 b) The manager of a village or, if a village does
7 not employ a manager, the president of the village.
8 c) The chairman or president of a county board or,
9 if a county has adopted the county executive form of
10 government, the chief executive officer of the county.
11 d) The president of the school board of a school
12 district.
13 e) The supervisor of a township.
14 f) The official granted general administrative
15 control of a special district, an authority, or
16 organization of government establishment by law which may
17 issue obligations and which either may levy a property
18 tax or may expend funds of the district, authority, or
19 organization independently of any parent unit of
20 government.
21 g) The executive officer granted general
22 administrative control of a private organization defined
23 in Section 2605-335 of the Department of State Police Law
24 (20 ILCS 2605/2605-335).
25 (B) Upon written application and payment of fees
26 authorized by this subsection, State agencies and units of
27 local government, not including school districts and units of
28 the Illinois National Guard, are authorized to submit
29 fingerprints of employees, prospective employees and license
30 applicants to the Department for the purpose of obtaining
31 conviction information maintained by the Department and the
32 Federal Bureau of Investigation about such persons. The
33 Department shall submit such fingerprints to the Federal
34 Bureau of Investigation on behalf of such agencies and units
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1 of local government. The Department shall charge an
2 application fee, based on actual costs, for the dissemination
3 of conviction information pursuant to this subsection. The
4 Department is empowered to establish this fee and shall
5 prescribe the form and manner for requesting and furnishing
6 conviction information pursuant to this subsection.
7 (C) Upon payment of fees authorized by this subsection,
8 the Department shall furnish to the commanding officer of a
9 military installation in Illinois having an arms storage
10 facility, upon written request of such commanding officer or
11 his designee, and in the form and manner prescribed by the
12 Department, all criminal history record information
13 pertaining to any individual seeking access to such a storage
14 facility, where such information is sought pursuant to a
15 federally-mandated security or criminal history check.
16 The Department shall establish and charge a fee, not to
17 exceed actual costs, for providing information pursuant to
18 this subsection, except that no fee shall be charged to units
19 of the Illinois National Guard.
20 (Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00;
21 92-16, eff. 6-28-01.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".