Illinois General Assembly - Illinois Compiled Statutes

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5 ILCS 160/4a

(5 ILCS 160/4a)

Sec. 4a. Arrest records and reports.

(a) When an individual is arrested, the following information must
be made available to the news media for inspection and copying:

(1) Information that identifies the individual,

including the name, age, address, and photograph, when and if available.

(2) Information detailing any charges relating to the

arrest.

(3) The time and location of the arrest.

(4) The name of the investigating or arresting law

enforcement agency.

(5) (Blank).

(6) If the individual is incarcerated, the time and

date that the individual was received, discharged, or transferred from the arresting agency's custody.

(b) The information required by this Section must be made available to the
news media for inspection and copying as soon as practicable, but in no event
shall the time period exceed 72 hours from the arrest.  The information
described in paragraphs (3), (4), (5), and (6) of
subsection (a), however, may be withheld if it is determined that disclosure
would:

(1) interfere with pending or actually and reasonably

contemplated law enforcement proceedings conducted by any law enforcement or correctional agency;

(2) endanger the life or physical safety of law

enforcement or correctional personnel or any other person; or

(3) compromise the security of any correctional

facility.

(c) For the purposes of this Section, the term "news media" means personnel
of a newspaper or other periodical issued at regular intervals whether in
print or electronic format, a news service whether in print or electronic
format, a radio station, a television station, a television network, a
community antenna television service, or a person or corporation engaged in
making news reels or other motion picture news for public showing.

(d) Each law enforcement or correctional agency may charge fees for arrest
records, but in no instance may the fee exceed the actual cost of copying and
reproduction.  The fees may not include the cost of the labor used to reproduce
the arrest record.

(e) The provisions of this Section do not supersede the confidentiality
provisions for arrest records of the Juvenile Court Act of 1987.

(f) All information, including photographs, made available under this Section is subject to the provisions of Section 2QQQ of the Consumer Fraud and Deceptive Business Practices Act.

(g) Notwithstanding the requirements of subsection (a), a law enforcement agency may not publish booking photographs, commonly known as "mugshots", on its social networking website in connection with civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors unless the booking photograph is posted to the social networking website to assist in the search for a missing person or to assist in the search for a fugitive, person of interest, or individual wanted in relation to a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor. As used in this subsection, "social networking website" has the meaning provided in Section 10 of the Right to Privacy in the Workplace Act.

(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)