State of Illinois
91st General Assembly
Legislation

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91_HB1432eng

 
HB1432 Engrossed                               LRB9103140PTpk

 1        AN ACT concerning arrest reports.

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

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

 6        (5 ILCS 160/4a new)
 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   person,
12        including  the  name,  age, address, and photograph, when
13        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 incarcerated, the  amount  of  any  bail  or
20        bond.
21             (6)   If  incarcerated,  the  time and date that the
22        individual was received, discharged, or transferred  from
23        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 of subsection (a), however,  may
29    be withheld if it is determined that disclosure would:
30             (1)    interfere   with   pending  or  actually  and
31        reasonably  contemplated  law   enforcement   proceedings
 
HB1432 Engrossed            -2-                LRB9103140PTpk
 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, a news service, a radio station,
10    a television station, a community antenna television service,
11    or a person or corporation engaged in making  news  reels  or
12    other motion picture news for public showing.
13        (d)   Each  law  enforcement  or  correctional agency may
14    charge fees for arrest records, but in no  instance  may  the
15    fee  exceed the actual cost of copying and reproduction.  The
16    fees may not include the cost of the labor used to  reproduce
17    the arrest record.
18        (e)   The provisions of this Section do not supersede the
19    confidentiality provisions for arrest records of the Juvenile
20    Court Act.

21        Section 10.  The Civil Administrative Code of Illinois is
22    amended by changing Section 55a as follows:

23        (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
24        (Text of Section before amendment by P.A. 90-590)
25        Sec. 55a. Powers and duties.
26        (A)  The  Department  of  State  Police  shall  have  the
27    following powers and duties, and those set forth in  Sections
28    55a-1 through 55c:
29        1.  To  exercise the rights, powers and duties which have
30    been vested in the Department of Public Safety by  the  State
31    Police Act.
32        2.  To  exercise the rights, powers and duties which have

 
HB1432 Engrossed            -3-                LRB9103140PTpk
 1    been vested in the Department of Public Safety by  the  State
 2    Police Radio Act.
 3        3.  To  exercise the rights, powers and duties which have
 4    been vested  in  the  Department  of  Public  Safety  by  the
 5    Criminal Identification Act.
 6        4.  To (a) investigate the origins, activities, personnel
 7    and  incidents of crime and the ways and means to redress the
 8    victims  of  crimes,  and  study  the  impact,  if  any,   of
 9    legislation  relative  to  the  effusion of crime and growing
10    crime rates, and enforce the  criminal  laws  of  this  State
11    related   thereto,   (b)  enforce  all  laws  regulating  the
12    production, sale, prescribing, manufacturing,  administering,
13    transporting,  having  in possession, dispensing, delivering,
14    distributing, or use of controlled substances  and  cannabis,
15    (c)   employ   skilled   experts,   scientists,  technicians,
16    investigators or otherwise specially qualified persons to aid
17    in preventing or detecting crime, apprehending criminals,  or
18    preparing  and  presenting  evidence  of  violations  of  the
19    criminal  laws of the State, (d) cooperate with the police of
20    cities, villages and incorporated towns, and with the  police
21    officers  of  any  county, in enforcing the laws of the State
22    and in making arrests and recovering property, (e)  apprehend
23    and  deliver up any person charged in this State or any other
24    State of the United States with  treason,  felony,  or  other
25    crime,  who has fled from justice and is found in this State,
26    and (f) conduct such other investigations as may be  provided
27    by law. Persons exercising these powers within the Department
28    are conservators of the peace and as such have all the powers
29    possessed  by  policemen  in cities and sheriffs, except that
30    they may exercise  such  powers  anywhere  in  the  State  in
31    cooperation  with  and  after  contact  with  the  local  law
32    enforcement   officials.   Such  persons  may  use  false  or
33    fictitious names in the performance  of  their  duties  under
34    this  paragraph, upon approval of the Director, and shall not
 
HB1432 Engrossed            -4-                LRB9103140PTpk
 1    be subject to prosecution under the criminal  laws  for  such
 2    use.
 3        5.  To:  (a)  be  a  central  repository and custodian of
 4    criminal  statistics  for  the  State,  (b)  be   a   central
 5    repository  for  criminal  history  record  information,  (c)
 6    procure  and file for record such information as is necessary
 7    and  helpful  to  plan  programs  of  crime  prevention,  law
 8    enforcement and criminal justice, (d) procure  and  file  for
 9    record  such  copies  of  fingerprints, as may be required by
10    law, (e) establish general and field crime laboratories,  (f)
11    register  and  file  for  record  such  information as may be
12    required  by  law  for  the  issuance  of   firearm   owner's
13    identification   cards,   (g)   employ  polygraph  operators,
14    laboratory technicians and other specially qualified  persons
15    to  aid  in  the identification of criminal activity, and (h)
16    undertake such other identification, information, laboratory,
17    statistical or registration activities as may be required  by
18    law.
19        5.5.  Provide,  when  an individual is arrested, that the
20    following information must be  made  available  to  the  news
21    media for inspection and copying:
22             (a)    Information   that   identifies  the  person,
23        including the name, age, address,  and  photograph,  when
24        and if available.
25             (b)   Information  detailing any charges relating to
26        the arrest.
27             (c)  The time and location of the arrest.
28             (d)  The name of the investigating or arresting  law
29        enforcement agency.
30             (e)   If  incarcerated,  the  amount  of any bail or
31        bond.
32             (f)  If incarcerated, the time  and  date  that  the
33        individual  was received, discharged, or transferred from
34        the arresting agency's custody.
 
HB1432 Engrossed            -5-                LRB9103140PTpk
 1                  (1)  The information required by this paragraph
 2             must  be  made  available  to  the  news  media  for
 3             inspection and copying as soon as  practicable,  but
 4             in  no  event  shall the time period exceed 72 hours
 5             from  the  arrest.   The  information  described  in
 6             subparagraphs  (c),  (d),  (e),  and  (f)  of   this
 7             paragraph,   however,  may  be  withheld  if  it  is
 8             determined that disclosure would (i) interfere  with
 9             pending  or actually and reasonably contemplated law
10             enforcement  proceedings  conducted   by   any   law
11             enforcement  or  correctional  agency; (ii) endanger
12             the life or physical safety of  law  enforcement  or
13             correctional personnel or any other person; or (iii)
14             compromise   the   security   of   any  correctional
15             facility.
16                  (2)  For the purposes of  this  paragraph,  the
17             term  "news media" means personnel of a newspaper or
18             other periodical issued at regular intervals, a news
19             service, a radio station, a  television  station,  a
20             community antenna television service, or a person or
21             corporation  engaged  in  making news reels or other
22             motion picture news for public showing.
23                  (3)   Each  law  enforcement  or   correctional
24             agency may charge fees for arrest records, but in no
25             instance  may  the  fee  exceed  the  actual cost of
26             copying and reproduction.  The fees may not  include
27             the  cost  of the labor used to reproduce the arrest
28             record.
29                  (4)  The provisions of this  paragraph  do  not
30             supersede  the confidentiality provisions for arrest
31             records of the Juvenile Court Act.
32        6.  To  (a)  acquire  and  operate  one  or  more   radio
33    broadcasting  stations  in  the  State  to be used for police
34    purposes, (b) operate a statewide communications  network  to
 
HB1432 Engrossed            -6-                LRB9103140PTpk
 1    gather   and  disseminate  information  for  law  enforcement
 2    agencies, (c)  operate  an  electronic  data  processing  and
 3    computer  center  for  the  storage  and  retrieval  of  data
 4    pertaining to criminal activity, and (d) undertake such other
 5    communication activities as may be required by law.
 6        7.  To  provide, as may be required by law, assistance to
 7    local  law  enforcement  agencies   through   (a)   training,
 8    management  and consultant services for local law enforcement
 9    agencies, and (b) the pursuit of research and the publication
10    of studies pertaining to local law enforcement activities.
11        8.  To exercise the rights, powers and duties which  have
12    been  vested  in  the  Department  of  State  Police  and the
13    Director of the Department of State Police  by  the  Narcotic
14    Control Division Abolition Act.
15        9.  To  exercise the rights, powers and duties which have
16    been vested  in  the  Department  of  Public  Safety  by  the
17    Illinois Vehicle Code.
18        10.  To exercise the rights, powers and duties which have
19    been vested in the Department of Public Safety by the Firearm
20    Owners Identification Card Act.
21        11.  To   enforce  and  administer  such  other  laws  in
22    relation  to  law  enforcement  as  may  be  vested  in   the
23    Department.
24        12.  To  transfer  jurisdiction  of  any  realty title to
25    which is held by the State of Illinois under the  control  of
26    the   Department   to  any  other  department  of  the  State
27    government or to the State Employees Housing  Commission,  or
28    to  acquire  or  accept  Federal  land,  when  such transfer,
29    acquisition or acceptance is advantageous to the State and is
30    approved in writing by the Governor.
31        13.  With the written approval of the Governor, to  enter
32    into  agreements  with other departments created by this Act,
33    for the furlough of inmates of the penitentiary to such other
34    departments  for  their  use  in  research   programs   being
 
HB1432 Engrossed            -7-                LRB9103140PTpk
 1    conducted by them.
 2        For   the  purpose  of  participating  in  such  research
 3    projects,  the  Department  may  extend  the  limits  of  any
 4    inmate's place of confinement, when there is reasonable cause
 5    to believe that the inmate will honor his  or  her  trust  by
 6    authorizing the inmate, under prescribed conditions, to leave
 7    the  confines of the place unaccompanied by a custodial agent
 8    of the Department. The Department shall make rules  governing
 9    the transfer of the inmate to the requesting other department
10    having  the approved research project, and the return of such
11    inmate to the unextended confines of the  penitentiary.  Such
12    transfer shall be made only with the consent of the inmate.
13        The  willful  failure  of a prisoner to remain within the
14    extended limits of his or her confinement or to return within
15    the time or manner prescribed to  the  place  of  confinement
16    designated by the Department in granting such extension shall
17    be  deemed  an  escape  from  custody  of  the Department and
18    punishable as provided in Section 3-6-4 of the  Unified  Code
19    of Corrections.
20        14.  To  provide  investigative services, with all of the
21    powers possessed by policemen in cities and sheriffs, in  and
22    around  all  race  tracks  subject to the Horse Racing Act of
23    1975.
24        15.  To expend such sums as the Director deems  necessary
25    from  Contractual Services appropriations for the Division of
26    Criminal Investigation for the purchase of evidence  and  for
27    the employment of persons to obtain evidence. Such sums shall
28    be  advanced  to  agents authorized by the Director to expend
29    funds, on vouchers signed by the Director.
30        16.  To  assist  victims  and  witnesses  in  gang  crime
31    prosecutions through the administration of funds appropriated
32    from the Gang Violence Victims  and  Witnesses  Fund  to  the
33    Department.    Such   funds  shall  be  appropriated  to  the
34    Department and shall only  be  used  to  assist  victims  and
 
HB1432 Engrossed            -8-                LRB9103140PTpk
 1    witnesses  in gang crime prosecutions and such assistance may
 2    include any of the following:
 3             (a)  temporary living costs;
 4             (b)  moving expenses;
 5             (c)  closing costs on the sale of private residence;
 6             (d)  first month's rent;
 7             (e)  security deposits;
 8             (f)  apartment location assistance;
 9             (g)  other expenses which the  Department  considers
10        appropriate; and
11             (h)  compensation  for any loss of or injury to real
12        or personal property resulting from a  gang  crime  to  a
13        maximum of $5,000, subject to the following provisions:
14                  (1)  in  the  case  of  loss  of  property, the
15             amount of compensation  shall  be  measured  by  the
16             replacement  cost  of similar or like property which
17             has been incurred by and which is  substantiated  by
18             the property owner,
19                  (2)  in  the  case  of  injury to property, the
20             amount of compensation shall be measured by the cost
21             of repair incurred and which can be substantiated by
22             the property owner,
23                  (3)  compensation under  this  provision  is  a
24             secondary   source  of  compensation  and  shall  be
25             reduced by any amount the  property  owner  receives
26             from  any  other source as compensation for the loss
27             or injury, including, but not limited  to,  personal
28             insurance coverage,
29                  (4)  no  compensation  may  be  awarded  if the
30             property owner was an offender or an  accomplice  of
31             the offender, or if the award would unjustly benefit
32             the  offender  or offenders, or an accomplice of the
33             offender or offenders.
34        No victim or witness may receive such assistance if he or
 
HB1432 Engrossed            -9-                LRB9103140PTpk
 1    she is not a part of or  fails  to  fully  cooperate  in  the
 2    prosecution   of   gang  crime  members  by  law  enforcement
 3    authorities.
 4        The Department shall promulgate any rules  necessary  for
 5    the implementation of this amendatory Act of 1985.
 6        17.  To conduct arson investigations.
 7        18.  To  develop  a separate statewide statistical police
 8    contact record keeping  system  for  the  study  of  juvenile
 9    delinquency.  The records of this police contact system shall
10    be  limited  to  statistical  information.   No  individually
11    identifiable information shall be maintained  in  the  police
12    contact statistical record system.
13        19.  To develop a separate statewide central adjudicatory
14    and  dispositional  records system for persons under 19 years
15    of age who have been adjudicated  delinquent  minors  and  to
16    make  information available to local registered participating
17    police youth officers so that police youth officers  will  be
18    able to obtain rapid access to the juvenile's background from
19    other jurisdictions to the end that the police youth officers
20    can  make  appropriate dispositions which will best serve the
21    interest  of  the  child  and  the  community.    Information
22    maintained  in  the  adjudicatory  and  dispositional  record
23    system  shall  be  limited  to  the incidents or offenses for
24    which the minor was adjudicated delinquent by a court, and  a
25    copy  of  the  court's dispositional order.  All individually
26    identifiable records in the  adjudicatory  and  dispositional
27    records  system shall be destroyed when the person reaches 19
28    years of age.
29        20.  To develop rules which guarantee the confidentiality
30    of   such   individually   identifiable   adjudicatory    and
31    dispositional records except when used for the following:
32             (a)  by  authorized  juvenile court personnel or the
33        State's Attorney in connection with proceedings under the
34        Juvenile Court Act of 1987; or
 
HB1432 Engrossed            -10-               LRB9103140PTpk
 1             (b)  inquiries   from   registered   police    youth
 2        officers.
 3        For the purposes of this Act "police youth officer" means
 4    a  member  of  a  duly  organized  State, county or municipal
 5    police force who is assigned by his  or  her  Superintendent,
 6    Sheriff or chief of police, as the case may be, to specialize
 7    in youth problems.
 8        21.  To  develop  administrative rules and administrative
 9    hearing procedures which allow a minor, his or her  attorney,
10    and  his  or  her  parents or guardian access to individually
11    identifiable adjudicatory and dispositional records  for  the
12    purpose  of  determining  or  challenging the accuracy of the
13    records. Final administrative decisions shall be  subject  to
14    the provisions of the Administrative Review Law.
15        22.  To  charge,  collect,  and  receive  fees  or moneys
16    equivalent to the  cost  of  providing  Department  of  State
17    Police   personnel,   equipment,   and   services   to  local
18    governmental agencies when explicitly requested  by  a  local
19    governmental  agency  and  pursuant  to  an intergovernmental
20    agreement as provided by this Section, other State  agencies,
21    and  federal  agencies,  including but not limited to fees or
22    moneys  equivalent  to  the  cost  of  providing  dispatching
23    services, radio and  radar  repair,  and  training  to  local
24    governmental  agencies on such terms and conditions as in the
25    judgment of the Director are in  the  best  interest  of  the
26    State;  and to establish, charge, collect and receive fees or
27    moneys based on the cost of providing responses  to  requests
28    for  criminal history record information pursuant to positive
29    identification and any Illinois or  federal  law  authorizing
30    access  to  some  aspect of such information and to prescribe
31    the form  and  manner  for  requesting  and  furnishing  such
32    information  to the requestor on such terms and conditions as
33    in the judgment of the Director are in the best  interest  of
34    the  State,  provided  fees  for  requesting  and  furnishing
 
HB1432 Engrossed            -11-               LRB9103140PTpk
 1    criminal   history  record  information  may  be  waived  for
 2    requests in the due administration of the criminal laws.  The
 3    Department  may  also  charge,  collect  and  receive fees or
 4    moneys equivalent to the cost of  providing  electronic  data
 5    processing  lines  or  related  telecommunication services to
 6    local  governments,  but  only  when  such  services  can  be
 7    provided  by  the  Department  at  a  cost  less  than   that
 8    experienced  by  said  local governments through other means.
 9    All services provided by the Department  shall  be  conducted
10    pursuant    to    contracts    in    accordance    with   the
11    Intergovernmental Cooperation Act, and all  telecommunication
12    services  shall  be  provided  pursuant  to the provisions of
13    Section 67.18 of this Code.
14        All fees received by the Department of State Police under
15    this Act or the Illinois Uniform Conviction  Information  Act
16    shall be deposited in a special fund in the State Treasury to
17    be  known  as  the  State  Police  Services  Fund.  The money
18    deposited  in  the  State  Police  Services  Fund  shall   be
19    appropriated  to  the Department of State Police for expenses
20    of the Department of State Police.
21        Upon the completion of any audit  of  the  Department  of
22    State  Police  as  prescribed  by the Illinois State Auditing
23    Act, which audit  includes  an  audit  of  the  State  Police
24    Services  Fund, the Department of State Police shall make the
25    audit open to inspection by any interested person.
26        23.  To exercise the powers and perform the duties  which
27    have  been  vested  in  the Department of State Police by the
28    Intergovernmental Missing Child Recovery Act of 1984, and  to
29    establish   reasonable  rules  and  regulations  necessitated
30    thereby.
31        24. (a)  To  establish  and  maintain  a  statewide   Law
32    Enforcement  Agencies  Data System (LEADS) for the purpose of
33    providing  electronic  access  by  authorized   entities   to
34    criminal justice data repositories and effecting an immediate
 
HB1432 Engrossed            -12-               LRB9103140PTpk
 1    law  enforcement  response  to  reports  of  missing persons,
 2    including lost, missing or runaway  minors.   The  Department
 3    shall implement an automatic data exchange system to compile,
 4    to  maintain  and  to make available to other law enforcement
 5    agencies for immediate dissemination data  which  can  assist
 6    appropriate   agencies  in  recovering  missing  persons  and
 7    provide  access  by  authorized  entities  to  various   data
 8    repositories available through LEADS for criminal justice and
 9    related  purposes.   To assist the Department in this effort,
10    funds may be appropriated from the LEADS Maintenance Fund.
11        (b)  In exercising its duties under this subsection,  the
12    Department shall:
13             (1)  provide  a  uniform  reporting  format  for the
14        entry of pertinent information regarding the report of  a
15        missing person into LEADS;
16             (2)  develop   and  implement  a  policy  whereby  a
17        statewide or regional alert would be used  in  situations
18        relating  to  the disappearances of individuals, based on
19        criteria and in a format established by  the  Department.
20        Such  a  format shall include, but not be limited to, the
21        age of the missing person and the suspected  circumstance
22        of the disappearance;
23             (3)  notify   all   law  enforcement  agencies  that
24        reports of missing persons shall be entered  as  soon  as
25        the  minimum level of data specified by the Department is
26        available to the reporting agency, and  that  no  waiting
27        period for the entry of such data exists;
28             (4)  compile  and retain information regarding lost,
29        abducted, missing or runaway minors in  a  separate  data
30        file, in a manner that allows such information to be used
31        by  law enforcement and other agencies deemed appropriate
32        by  the  Director,  for  investigative  purposes.    Such
33        information shall include the disposition of all reported
34        lost, abducted, missing or runaway minor cases;
 
HB1432 Engrossed            -13-               LRB9103140PTpk
 1             (5)  compile   and   maintain   an   historic   data
 2        repository relating to lost, abducted, missing or runaway
 3        minors  and other missing persons in order to develop and
 4        improve techniques utilized by law  enforcement  agencies
 5        when responding to reports of missing persons; and
 6             (6)  create  a  quality  control  program  regarding
 7        confirmation   of  missing  person  data,  timeliness  of
 8        entries  of  missing  person  reports  into   LEADS   and
 9        performance audits of all entering agencies.
10        25.  On   request   of   a   school   board  or  regional
11    superintendent of schools, to conduct an inquiry pursuant  to
12    Section 10-21.9 or 34-18.5 of the School Code to ascertain if
13    an  applicant  for  employment  in a school district has been
14    convicted of any criminal  or  drug  offenses  enumerated  in
15    Section   10-21.9   or  34-18.5  of  the  School  Code.   The
16    Department shall furnish such conviction information  to  the
17    President  of  the  school board of the school district which
18    has requested the information,  or  if  the  information  was
19    requested  by  the  regional  superintendent to that regional
20    superintendent.
21        26.  To promulgate rules and  regulations  necessary  for
22    the  administration and enforcement of its powers and duties,
23    wherever  granted  and  imposed,  pursuant  to  the  Illinois
24    Administrative Procedure Act.
25        27.  To  (a)   promulgate   rules   pertaining   to   the
26    certification,  revocation  of  certification and training of
27    law enforcement officers as electronic criminal  surveillance
28    officers,  (b)  provide  training and technical assistance to
29    State's  Attorneys  and  local   law   enforcement   agencies
30    pertaining    to    the    interception   of   private   oral
31    communications,  (c)  promulgate  rules  necessary  for   the
32    administration  of  Article  108B  of  the  Code  of Criminal
33    Procedure of 1963, including but not limited to standards for
34    recording   and   minimization   of    electronic    criminal
 
HB1432 Engrossed            -14-               LRB9103140PTpk
 1    surveillance   intercepts,   documentation   required  to  be
 2    maintained during an intercept,  procedures  in  relation  to
 3    evidence   developed  by  an  intercept,  and  (d)  charge  a
 4    reasonable fee to each  law  enforcement  agency  that  sends
 5    officers   to   receive   training   as  electronic  criminal
 6    surveillance officers.
 7        28.  Upon the request of any private  organization  which
 8    devotes  a  major  portion  of  its  time to the provision of
 9    recreational, social, educational or child safety services to
10    children, to conduct, pursuant  to  positive  identification,
11    criminal   background   investigations   of   all   of   that
12    organization's   current   employees,   current   volunteers,
13    prospective  employees or prospective volunteers charged with
14    the care and custody of children during the provision of  the
15    organization's  services,  and  to  report  to the requesting
16    organization any record  of  convictions  maintained  in  the
17    Department's  files about such persons.  The Department shall
18    charge an application fee, based on  actual  costs,  for  the
19    dissemination  of  conviction  information  pursuant  to this
20    subsection.  The Department is empowered  to  establish  this
21    fee  and  shall  prescribe the form and manner for requesting
22    and  furnishing  conviction  information  pursuant  to   this
23    subsection. Information received by the organization from the
24    Department concerning an individual shall be provided to such
25    individual.    Any   such   information   obtained   by   the
26    organization shall be confidential and may not be transmitted
27    outside the organization and may not be transmitted to anyone
28    within  the  organization except as needed for the purpose of
29    evaluating the individual.  Only  information  and  standards
30    which   bear  a  reasonable  and  rational  relation  to  the
31    performance of child care shall be used by the  organization.
32    Any  employee  of  the  Department or any member, employee or
33    volunteer  of   the   organization   receiving   confidential
34    information  under  this subsection who gives or causes to be
 
HB1432 Engrossed            -15-               LRB9103140PTpk
 1    given any confidential information  concerning  any  criminal
 2    convictions  of  an  individual  shall be guilty of a Class A
 3    misdemeanor unless release of such information is  authorized
 4    by this subsection.
 5        29.  Upon  the  request of the Department of Children and
 6    Family Services, to investigate reports  of  child  abuse  or
 7    neglect.
 8        30.  To  obtain registration of a fictitious vital record
 9    pursuant to Section 15.1 of the Vital Records Act.
10        31.  To collect and disseminate information  relating  to
11    "hate crimes" as defined under Section 12-7.1 of the Criminal
12    Code  of  1961  contingent  upon the availability of State or
13    Federal funds to revise  and  upgrade  the  Illinois  Uniform
14    Crime  Reporting  System.  All law enforcement agencies shall
15    report monthly to the Department of State  Police  concerning
16    such  offenses  in  such  form  and  in such manner as may be
17    prescribed by rules and regulations adopted by the Department
18    of State Police.  Such information shall be compiled  by  the
19    Department  and be disseminated upon request to any local law
20    enforcement  agency,  unit  of  local  government,  or  state
21    agency.  Dissemination of such information shall  be  subject
22    to all confidentiality requirements otherwise imposed by law.
23    The  Department  of  State  Police shall provide training for
24    State Police officers  in  identifying,  responding  to,  and
25    reporting  all  hate  crimes. The Illinois Local Governmental
26    Law Enforcement  Officer's  Training  Standards  Board  shall
27    develop  and  certify  a  course  of such training to be made
28    available to local law enforcement officers.
29        32.  Upon the request of a private carrier  company  that
30    provides transportation under Section 28b of the Metropolitan
31    Transit  Authority  Act,  to  ascertain if an applicant for a
32    driver position has been convicted of any  criminal  or  drug
33    offense enumerated in Section 28b of the Metropolitan Transit
34    Authority  Act.   The Department shall furnish the conviction
 
HB1432 Engrossed            -16-               LRB9103140PTpk
 1    information to the private carrier company that requested the
 2    information.
 3        33.  To apply for grants or contracts,  receive,  expend,
 4    allocate,  or  disburse  funds  and  moneys made available by
 5    public or private entities, including, but  not  limited  to,
 6    contracts,  bequests,  grants,  or  receiving  equipment from
 7    corporations, foundations, or public or private  institutions
 8    of  higher  learning.   All  funds received by the Department
 9    from these sources shall be deposited  into  the  appropriate
10    fund  in  the  State  Treasury  to  be  appropriated  to  the
11    Department  for  purposes  as  indicated  by  the  grantor or
12    contractor or, in the case of funds or moneys  bequeathed  or
13    granted  for  no  specific purpose, for any purpose as deemed
14    appropriate   by   the   Director   in   administering    the
15    responsibilities of the Department.
16        34.  Upon  the  request of the Department of Children and
17    Family Services, the Department of State Police shall provide
18    properly designated employees of the Department  of  Children
19    and  Family Services with criminal history record information
20    as defined in the Illinois Uniform Conviction Information Act
21    and  information   maintained   in   the   adjudicatory   and
22    dispositional  record  system as defined in subdivision (A)19
23    of this Section if the  Department  of  Children  and  Family
24    Services  determines  the information is necessary to perform
25    its duties under the Abused  and  Neglected  Child  Reporting
26    Act,  the Child Care Act of 1969, and the Children and Family
27    Services Act.  The request shall be in the  form  and  manner
28    specified by the Department of State Police.
29        35.  The   Illinois   Department  of  Public  Aid  is  an
30    authorized entity under  this  Section  for  the  purpose  of
31    obtaining  access  to  various  data  repositories  available
32    through  LEADS, to facilitate the location of individuals for
33    establishing  paternity,  and  establishing,  modifying,  and
34    enforcing child support obligations, pursuant to the Illinois
 
HB1432 Engrossed            -17-               LRB9103140PTpk
 1    Public Aid Code and Title IV, Part D of the  Social  Security
 2    Act.   The  Department shall enter into an agreement with the
 3    Illinois Department  of  Public  Aid  consistent  with  these
 4    purposes.
 5        36.  Upon request of the Department of Human Services, to
 6    conduct  an  assessment  and  evaluation  of sexually violent
 7    persons  as  mandated  by  the   Sexually   Violent   Persons
 8    Commitment Act, the Department shall furnish criminal history
 9    information  maintained on the requested person.  The request
10    shall be in the form and manner specified by the Department.
11        (B)  The Department of State  Police  may  establish  and
12    maintain,  within the Department of State Police, a Statewide
13    Organized Criminal Gang Database (SWORD) for the  purpose  of
14    tracking  organized  criminal  gangs  and  their memberships.
15    Information in the database may include, but not  be  limited
16    to,  the  name,  last  known  address,  birth  date, physical
17    descriptions (such as  scars,  marks,  or  tattoos),  officer
18    safety  information, organized gang affiliation, and entering
19    agency  identifier.    The   Department   may   develop,   in
20    consultation with the Criminal Justice Information Authority,
21    and  in  a  form  and manner prescribed by the Department, an
22    automated data exchange system to compile, to  maintain,  and
23    to   make   this   information  electronically  available  to
24    prosecutors and  to  other  law  enforcement  agencies.   The
25    information  may be used by authorized agencies to combat the
26    operations of organized criminal gangs statewide.
27        (C)  The Department of State  Police  may  ascertain  the
28    number  of  bilingual  police  officers  and  other personnel
29    needed to provide services in a language other  than  English
30    and  may  establish,  under  applicable  personnel  rules and
31    Department guidelines  or  through  a  collective  bargaining
32    agreement, a bilingual pay supplement program.
33    (Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
34    90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-655,  eff.
 
HB1432 Engrossed            -18-               LRB9103140PTpk
 1    7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)

 2        (Text of Section after amendment by P.A. 90-590)
 3        Sec. 55a. Powers and duties.
 4        (A)  The  Department  of  State  Police  shall  have  the
 5    following  powers and duties, and those set forth in Sections
 6    55a-1 through 55c:
 7        1.  To exercise the rights, powers and duties which  have
 8    been  vested  in the Department of Public Safety by the State
 9    Police Act.
10        2.  To exercise the rights, powers and duties which  have
11    been  vested  in the Department of Public Safety by the State
12    Police Radio Act.
13        3.  To exercise the rights, powers and duties which  have
14    been  vested  in  the  Department  of  Public  Safety  by the
15    Criminal Identification Act.
16        4.  To (a) investigate the origins, activities, personnel
17    and incidents of crime and the ways and means to redress  the
18    victims   of  crimes,  and  study  the  impact,  if  any,  of
19    legislation relative to the effusion  of  crime  and  growing
20    crime  rates,  and  enforce  the  criminal laws of this State
21    related  thereto,  (b)  enforce  all  laws   regulating   the
22    production,  sale, prescribing, manufacturing, administering,
23    transporting, having in possession,  dispensing,  delivering,
24    distributing,  or  use of controlled substances and cannabis,
25    (c)  employ   skilled   experts,   scientists,   technicians,
26    investigators or otherwise specially qualified persons to aid
27    in  preventing or detecting crime, apprehending criminals, or
28    preparing  and  presenting  evidence  of  violations  of  the
29    criminal laws of the State, (d) cooperate with the police  of
30    cities,  villages and incorporated towns, and with the police
31    officers of any county, in enforcing the laws  of  the  State
32    and  in making arrests and recovering property, (e) apprehend
33    and deliver up any person charged in this State or any  other
34    State  of  the  United  States with treason, felony, or other
 
HB1432 Engrossed            -19-               LRB9103140PTpk
 1    crime, who has fled from justice and is found in this  State,
 2    and  (f) conduct such other investigations as may be provided
 3    by law. Persons exercising these powers within the Department
 4    are conservators of the peace and as such have all the powers
 5    possessed by policemen in cities and  sheriffs,  except  that
 6    they  may  exercise  such  powers  anywhere  in  the State in
 7    cooperation  with  and  after  contact  with  the  local  law
 8    enforcement  officials.  Such  persons  may  use   false   or
 9    fictitious  names  in  the  performance of their duties under
10    this paragraph, upon approval of the Director, and shall  not
11    be  subject  to  prosecution under the criminal laws for such
12    use.
13        5.  To: (a) be a  central  repository  and  custodian  of
14    criminal   statistics   for  the  State,  (b)  be  a  central
15    repository  for  criminal  history  record  information,  (c)
16    procure and file for record such information as is  necessary
17    and  helpful  to  plan  programs  of  crime  prevention,  law
18    enforcement  and  criminal  justice, (d) procure and file for
19    record such copies of fingerprints, as  may  be  required  by
20    law,  (e) establish general and field crime laboratories, (f)
21    register and file for  record  such  information  as  may  be
22    required   by   law  for  the  issuance  of  firearm  owner's
23    identification  cards,  (g)   employ   polygraph   operators,
24    laboratory  technicians and other specially qualified persons
25    to aid in the identification of criminal  activity,  and  (h)
26    undertake such other identification, information, laboratory,
27    statistical  or registration activities as may be required by
28    law.
29        5.5.  Provide, when an individual is arrested,  that  the
30    following  information  must  be  made  available to the news
31    media for inspection and copying:
32             (a)   Information  that   identifies   the   person,
33        including  the  name,  age, address, and photograph, when
34        and if available.
 
HB1432 Engrossed            -20-               LRB9103140PTpk
 1             (b)  Information detailing any charges  relating  to
 2        the arrest.
 3             (c)  The time and location of the arrest.
 4             (d)   The name of the investigating or arresting law
 5        enforcement agency.
 6             (e)  If incarcerated, the  amount  of  any  bail  or
 7        bond.
 8             (f)   If  incarcerated,  the  time and date that the
 9        individual was received, discharged, or transferred  from
10        the arresting agency's custody.
11                  (1)  The information required by this paragraph
12             must  be  made  available  to  the  news  media  for
13             inspection  and  copying as soon as practicable, but
14             in no event shall the time period  exceed  72  hours
15             from  the  arrest.   The  information  described  in
16             subparagraphs   (c),  (d),  (e),  and  (f)  of  this
17             paragraph,  however,  may  be  withheld  if  it   is
18             determined  that disclosure would (i) interfere with
19             pending or actually and reasonably contemplated  law
20             enforcement   proceedings   conducted   by  any  law
21             enforcement or correctional  agency;  (ii)  endanger
22             the  life  or  physical safety of law enforcement or
23             correctional personnel or any other person; or (iii)
24             compromise  the   security   of   any   correctional
25             facility.
26                  (2)   For  the  purposes of this paragraph, the
27             term "news media" means personnel of a newspaper  or
28             other periodical issued at regular intervals, a news
29             service,  a  radio  station, a television station, a
30             community antenna television service, or a person or
31             corporation engaged in making news  reels  or  other
32             motion picture news for public showing.
33                  (3)    Each  law  enforcement  or  correctional
34             agency may charge fees for arrest records, but in no
 
HB1432 Engrossed            -21-               LRB9103140PTpk
 1             instance may the  fee  exceed  the  actual  cost  of
 2             copying  and reproduction.  The fees may not include
 3             the cost of the labor used to reproduce  the  arrest
 4             record.
 5                  (4)   The  provisions  of this paragraph do not
 6             supersede the confidentiality provisions for  arrest
 7             records of the Juvenile Court Act.
 8        6.  To   (a)  acquire  and  operate  one  or  more  radio
 9    broadcasting stations in the State  to  be  used  for  police
10    purposes,  (b)  operate a statewide communications network to
11    gather  and  disseminate  information  for  law   enforcement
12    agencies,  (c)  operate  an  electronic  data  processing and
13    computer  center  for  the  storage  and  retrieval  of  data
14    pertaining to criminal activity, and (d) undertake such other
15    communication activities as may be required by law.
16        7.  To provide, as may be required by law, assistance  to
17    local   law   enforcement   agencies  through  (a)  training,
18    management and consultant services for local law  enforcement
19    agencies, and (b) the pursuit of research and the publication
20    of studies pertaining to local law enforcement activities.
21        8.  To  exercise the rights, powers and duties which have
22    been vested  in  the  Department  of  State  Police  and  the
23    Director  of  the  Department of State Police by the Narcotic
24    Control Division Abolition Act.
25        9.  To exercise the rights, powers and duties which  have
26    been  vested  in  the  Department  of  Public  Safety  by the
27    Illinois Vehicle Code.
28        10.  To exercise the rights, powers and duties which have
29    been vested in the Department of Public Safety by the Firearm
30    Owners Identification Card Act.
31        11.  To  enforce  and  administer  such  other  laws   in
32    relation   to  law  enforcement  as  may  be  vested  in  the
33    Department.
34        12.  To transfer jurisdiction  of  any  realty  title  to
 
HB1432 Engrossed            -22-               LRB9103140PTpk
 1    which  is  held by the State of Illinois under the control of
 2    the  Department  to  any  other  department  of   the   State
 3    government  or  to the State Employees Housing Commission, or
 4    to acquire  or  accept  Federal  land,  when  such  transfer,
 5    acquisition or acceptance is advantageous to the State and is
 6    approved in writing by the Governor.
 7        13.  With  the written approval of the Governor, to enter
 8    into agreements with other departments created by  this  Act,
 9    for the furlough of inmates of the penitentiary to such other
10    departments   for   their  use  in  research  programs  being
11    conducted by them.
12        For  the  purpose  of  participating  in  such   research
13    projects,  the  Department  may  extend  the  limits  of  any
14    inmate's place of confinement, when there is reasonable cause
15    to  believe  that  the  inmate will honor his or her trust by
16    authorizing the inmate, under prescribed conditions, to leave
17    the confines of the place unaccompanied by a custodial  agent
18    of  the Department. The Department shall make rules governing
19    the transfer of the inmate to the requesting other department
20    having the approved research project, and the return of  such
21    inmate  to  the unextended confines of the penitentiary. Such
22    transfer shall be made only with the consent of the inmate.
23        The willful failure of a prisoner to  remain  within  the
24    extended limits of his or her confinement or to return within
25    the  time  or  manner  prescribed to the place of confinement
26    designated by the Department in granting such extension shall
27    be deemed an  escape  from  custody  of  the  Department  and
28    punishable  as  provided in Section 3-6-4 of the Unified Code
29    of Corrections.
30        14.  To provide investigative services, with all  of  the
31    powers  possessed by policemen in cities and sheriffs, in and
32    around all race tracks subject to the  Horse  Racing  Act  of
33    1975.
34        15.  To  expend such sums as the Director deems necessary
 
HB1432 Engrossed            -23-               LRB9103140PTpk
 1    from Contractual Services appropriations for the Division  of
 2    Criminal  Investigation  for the purchase of evidence and for
 3    the employment of persons to obtain evidence. Such sums shall
 4    be advanced to agents authorized by the  Director  to  expend
 5    funds, on vouchers signed by the Director.
 6        16.  To  assist  victims  and  witnesses  in  gang  crime
 7    prosecutions through the administration of funds appropriated
 8    from  the  Gang  Violence  Victims  and Witnesses Fund to the
 9    Department.   Such  funds  shall  be  appropriated   to   the
10    Department  and  shall  only  be  used  to assist victims and
11    witnesses in gang crime prosecutions and such assistance  may
12    include any of the following:
13             (a)  temporary living costs;
14             (b)  moving expenses;
15             (c)  closing costs on the sale of private residence;
16             (d)  first month's rent;
17             (e)  security deposits;
18             (f)  apartment location assistance;
19             (g)  other  expenses  which the Department considers
20        appropriate; and
21             (h)  compensation for any loss of or injury to  real
22        or  personal  property  resulting  from a gang crime to a
23        maximum of $5,000, subject to the following provisions:
24                  (1)  in the  case  of  loss  of  property,  the
25             amount  of  compensation  shall  be  measured by the
26             replacement cost of similar or like  property  which
27             has  been  incurred by and which is substantiated by
28             the property owner,
29                  (2)  in the case of  injury  to  property,  the
30             amount of compensation shall be measured by the cost
31             of repair incurred and which can be substantiated by
32             the property owner,
33                  (3)  compensation  under  this  provision  is a
34             secondary  source  of  compensation  and  shall   be
 
HB1432 Engrossed            -24-               LRB9103140PTpk
 1             reduced  by  any  amount the property owner receives
 2             from any other source as compensation for  the  loss
 3             or  injury,  including, but not limited to, personal
 4             insurance coverage,
 5                  (4)  no compensation  may  be  awarded  if  the
 6             property  owner  was an offender or an accomplice of
 7             the offender, or if the award would unjustly benefit
 8             the offender or offenders, or an accomplice  of  the
 9             offender or offenders.
10        No victim or witness may receive such assistance if he or
11    she  is  not  a  part  of  or fails to fully cooperate in the
12    prosecution  of  gang  crime  members  by   law   enforcement
13    authorities.
14        The  Department  shall promulgate any rules necessary for
15    the implementation of this amendatory Act of 1985.
16        17.  To conduct arson investigations.
17        18.  To develop a separate statewide  statistical  police
18    contact  record  keeping  system  for  the  study of juvenile
19    delinquency. The records of this police contact system  shall
20    be  limited  to  statistical  information.   No  individually
21    identifiable  information  shall  be maintained in the police
22    contact statistical record system.
23        19.  To develop a  separate  statewide  central  juvenile
24    records  system  for  persons arrested prior to the age of 17
25    under Section 5-401 of the Juvenile  Court  Act  of  1987  or
26    adjudicated   delinquent   minors  and  to  make  information
27    available to local  law  enforcement  officers  so  that  law
28    enforcement  officers  will be able to obtain rapid access to
29    the background of the minor from other jurisdictions  to  the
30    end  that  the  juvenile police officers can make appropriate
31    decisions which will best serve the interest of the child and
32    the community.   The  Department  shall  submit  a  quarterly
33    report  to  the  General  Assembly  and  Governor which shall
34    contain the number of juvenile records  that  the  Department
 
HB1432 Engrossed            -25-               LRB9103140PTpk
 1    has  received  in  that  quarter and, a list, by category, of
 2    offenses that minors were arrested for  or  convicted  of  by
 3    age, race and gender.
 4        20.  To develop rules which guarantee the confidentiality
 5    of  such individually identifiable juvenile records except to
 6    juvenile authorities who request information  concerning  the
 7    minor  and  who  certify in writing that the information will
 8    not be disclosed to any other party except as provided  under
 9    law  or  order  of  court.   For  purposes  of  this Section,
10    "juvenile authorities" means: (i)  a  judge  of  the  circuit
11    court and members of the staff of the court designated by the
12    judge;  (ii)  parties  to  the proceedings under the Juvenile
13    Court Act  of  1987  and  their  attorneys;  (iii)  probation
14    officers  and  court  appointed  advocates  for  the juvenile
15    authorized by the judge hearing the case; (iv) any individual
16    or, public or of private agency having custody of  the  child
17    pursuant  to  court  order;  (v) any individual or, public or
18    private agency providing education, medical or mental  health
19    service to the child when the requested information is needed
20    to  determine  the  appropriate  service or treatment for the
21    minor;  (vi)  any  potential  placement  provider  when  such
22    release is authorized by the court for the limited purpose of
23    determining the appropriateness of the  potential  placement;
24    (vii)  law enforcement officers and prosecutors; (viii) adult
25    and juvenile prisoner review boards; (ix) authorized military
26    personnel; (x) individuals  authorized  by  court;  (xi)  the
27    Illinois  General  Assembly  or  any  committee or commission
28    thereof.
29        21.  To develop administrative rules  and  administrative
30    hearing  procedures which allow a minor, his or her attorney,
31    and his or her parents or  guardian  access  to  individually
32    identifiable  juvenile records for the purpose of determining
33    or  challenging  the  accuracy   of   the   records.    Final
34    administrative  decisions  shall be subject to the provisions
 
HB1432 Engrossed            -26-               LRB9103140PTpk
 1    of the Administrative Review Law.
 2        22.  To charge,  collect,  and  receive  fees  or  moneys
 3    equivalent  to  the  cost  of  providing  Department of State
 4    Police  personnel,   equipment,   and   services   to   local
 5    governmental  agencies  when  explicitly requested by a local
 6    governmental agency  and  pursuant  to  an  intergovernmental
 7    agreement  as provided by this Section, other State agencies,
 8    and federal agencies, including but not limited  to  fees  or
 9    moneys  equivalent  to  the  cost  of  providing  dispatching
10    services,  radio  and  radar  repair,  and  training to local
11    governmental agencies on such terms and conditions as in  the
12    judgment  of  the  Director  are  in the best interest of the
13    State; and to establish, charge, collect and receive fees  or
14    moneys  based  on the cost of providing responses to requests
15    for criminal history record information pursuant to  positive
16    identification  and  any  Illinois or federal law authorizing
17    access to some aspect of such information  and  to  prescribe
18    the  form  and  manner  for  requesting  and  furnishing such
19    information to the requestor on such terms and conditions  as
20    in  the  judgment of the Director are in the best interest of
21    the  State,  provided  fees  for  requesting  and  furnishing
22    criminal  history  record  information  may  be  waived   for
23    requests  in the due administration of the criminal laws. The
24    Department may also  charge,  collect  and  receive  fees  or
25    moneys  equivalent  to  the cost of providing electronic data
26    processing lines or  related  telecommunication  services  to
27    local  governments,  but  only  when  such  services  can  be
28    provided   by  the  Department  at  a  cost  less  than  that
29    experienced by said local governments  through  other  means.
30    All  services  provided  by the Department shall be conducted
31    pursuant   to    contracts    in    accordance    with    the
32    Intergovernmental  Cooperation Act, and all telecommunication
33    services shall be provided  pursuant  to  the  provisions  of
34    Section 67.18 of this Code.
 
HB1432 Engrossed            -27-               LRB9103140PTpk
 1        All fees received by the Department of State Police under
 2    this  Act  or the Illinois Uniform Conviction Information Act
 3    shall be deposited in a special fund in the State Treasury to
 4    be known  as  the  State  Police  Services  Fund.  The  money
 5    deposited   in  the  State  Police  Services  Fund  shall  be
 6    appropriated to the Department of State Police  for  expenses
 7    of the Department of State Police.
 8        Upon  the  completion  of  any audit of the Department of
 9    State Police as prescribed by  the  Illinois  State  Auditing
10    Act,  which  audit  includes  an  audit  of  the State Police
11    Services Fund, the Department of State Police shall make  the
12    audit open to inspection by any interested person.
13        23.  To  exercise the powers and perform the duties which
14    have been vested in the Department of  State  Police  by  the
15    Intergovernmental  Missing Child Recovery Act of 1984, and to
16    establish  reasonable  rules  and  regulations   necessitated
17    thereby.
18        24. (a)  To   establish  and  maintain  a  statewide  Law
19    Enforcement Agencies Data System (LEADS) for the  purpose  of
20    providing   electronic   access  by  authorized  entities  to
21    criminal justice data repositories and effecting an immediate
22    law enforcement  response  to  reports  of  missing  persons,
23    including  lost,  missing  or runaway minors.  The Department
24    shall implement an automatic data exchange system to compile,
25    to maintain and to make available to  other  law  enforcement
26    agencies  for  immediate  dissemination data which can assist
27    appropriate  agencies  in  recovering  missing  persons   and
28    provide   access  by  authorized  entities  to  various  data
29    repositories available through LEADS for criminal justice and
30    related purposes.  To assist the Department in  this  effort,
31    funds may be appropriated from the LEADS Maintenance Fund.
32        (b)  In  exercising its duties under this subsection, the
33    Department shall:
34             (1)  provide a  uniform  reporting  format  for  the
 
HB1432 Engrossed            -28-               LRB9103140PTpk
 1        entry  of pertinent information regarding the report of a
 2        missing person into LEADS;
 3             (2)  develop  and  implement  a  policy  whereby   a
 4        statewide  or  regional alert would be used in situations
 5        relating to the disappearances of individuals,  based  on
 6        criteria  and  in a format established by the Department.
 7        Such a format shall include, but not be limited  to,  the
 8        age  of the missing person and the suspected circumstance
 9        of the disappearance;
10             (3)  notify  all  law  enforcement   agencies   that
11        reports  of  missing  persons shall be entered as soon as
12        the minimum level of data specified by the Department  is
13        available  to  the  reporting agency, and that no waiting
14        period for the entry of such data exists;
15             (4)  compile and retain information regarding  lost,
16        abducted,  missing  or  runaway minors in a separate data
17        file, in a manner that allows such information to be used
18        by law enforcement and other agencies deemed  appropriate
19        by   the  Director,  for  investigative  purposes.   Such
20        information shall include the disposition of all reported
21        lost, abducted, missing or runaway minor cases;
22             (5)  compile   and   maintain   an   historic   data
23        repository relating to lost, abducted, missing or runaway
24        minors and other missing persons in order to develop  and
25        improve  techniques  utilized by law enforcement agencies
26        when responding to reports of missing persons; and
27             (6)  create  a  quality  control  program  regarding
28        confirmation  of  missing  person  data,  timeliness   of
29        entries   of   missing  person  reports  into  LEADS  and
30        performance audits of all entering agencies.
31        25.  On  request  of   a   school   board   or   regional
32    superintendent  of schools, to conduct an inquiry pursuant to
33    Section 10-21.9 or 34-18.5 of the School Code to ascertain if
34    an applicant for employment in a  school  district  has  been
 
HB1432 Engrossed            -29-               LRB9103140PTpk
 1    convicted  of  any  criminal  or  drug offenses enumerated in
 2    Section  10-21.9  or  34-18.5  of  the  School   Code.    The
 3    Department  shall  furnish such conviction information to the
 4    President of the school board of the  school  district  which
 5    has  requested  the  information,  or  if the information was
 6    requested by the regional  superintendent  to  that  regional
 7    superintendent.
 8        26.  To  promulgate  rules  and regulations necessary for
 9    the administration and enforcement of its powers and  duties,
10    wherever  granted  and  imposed,  pursuant  to  the  Illinois
11    Administrative Procedure Act.
12        27.  To   (a)   promulgate   rules   pertaining   to  the
13    certification, revocation of certification  and  training  of
14    law  enforcement officers as electronic criminal surveillance
15    officers, (b) provide training and  technical  assistance  to
16    State's   Attorneys   and   local  law  enforcement  agencies
17    pertaining   to   the   interception    of    private    oral
18    communications,   (c)  promulgate  rules  necessary  for  the
19    administration of  Article  108B  of  the  Code  of  Criminal
20    Procedure of 1963, including but not limited to standards for
21    recording    and    minimization   of   electronic   criminal
22    surveillance  intercepts,  documentation   required   to   be
23    maintained  during  an  intercept,  procedures in relation to
24    evidence  developed  by  an  intercept,  and  (d)  charge   a
25    reasonable  fee  to  each  law  enforcement agency that sends
26    officers  to  receive   training   as   electronic   criminal
27    surveillance officers.
28        28.  Upon  the  request of any private organization which
29    devotes a major portion of  its  time  to  the  provision  of
30    recreational, social, educational or child safety services to
31    children,  to  conduct,  pursuant to positive identification,
32    criminal   background   investigations   of   all   of   that
33    organization's   current   employees,   current   volunteers,
34    prospective employees or prospective volunteers charged  with
 
HB1432 Engrossed            -30-               LRB9103140PTpk
 1    the  care and custody of children during the provision of the
 2    organization's services, and  to  report  to  the  requesting
 3    organization  any  record  of  convictions  maintained in the
 4    Department's files about such persons.  The Department  shall
 5    charge  an  application  fee,  based on actual costs, for the
 6    dissemination of  conviction  information  pursuant  to  this
 7    subsection.   The  Department  is empowered to establish this
 8    fee and shall prescribe the form and  manner  for  requesting
 9    and   furnishing  conviction  information  pursuant  to  this
10    subsection. Information received by the organization from the
11    Department concerning an individual shall be provided to such
12    individual.    Any   such   information   obtained   by   the
13    organization shall be confidential and may not be transmitted
14    outside the organization and may not be transmitted to anyone
15    within the organization except as needed for the  purpose  of
16    evaluating  the  individual.  Only  information and standards
17    which  bear  a  reasonable  and  rational  relation  to   the
18    performance  of child care shall be used by the organization.
19    Any employee of the Department or  any  member,  employee  or
20    volunteer   of   the   organization   receiving  confidential
21    information under this subsection who gives or causes  to  be
22    given  any  confidential  information concerning any criminal
23    convictions of an individual shall be guilty  of  a  Class  A
24    misdemeanor  unless release of such information is authorized
25    by this subsection.
26        29.  Upon the request of the Department of  Children  and
27    Family  Services,  to  investigate  reports of child abuse or
28    neglect.
29        30.  To obtain registration of a fictitious vital  record
30    pursuant to Section 15.1 of the Vital Records Act.
31        31.  To  collect  and disseminate information relating to
32    "hate crimes" as defined under Section 12-7.1 of the Criminal
33    Code of 1961 contingent upon the  availability  of  State  or
34    Federal  funds  to  revise  and  upgrade the Illinois Uniform
 
HB1432 Engrossed            -31-               LRB9103140PTpk
 1    Crime Reporting System.  All law enforcement  agencies  shall
 2    report  monthly  to the Department of State Police concerning
 3    such offenses in such form and  in  such  manner  as  may  be
 4    prescribed by rules and regulations adopted by the Department
 5    of  State  Police.  Such information shall be compiled by the
 6    Department and be disseminated upon request to any local  law
 7    enforcement  agency,  unit  of  local  government,  or  state
 8    agency.   Dissemination  of such information shall be subject
 9    to all confidentiality requirements otherwise imposed by law.
10    The Department of State Police  shall  provide  training  for
11    State  Police  officers  in  identifying,  responding to, and
12    reporting all  hate  crimes.  The  Illinois  Law  Enforcement
13    Training  Standards  Board shall develop and certify a course
14    of  such  training  to  be  made  available  to   local   law
15    enforcement officers.
16        32.  Upon  the  request of a private carrier company that
17    provides transportation under Section 28b of the Metropolitan
18    Transit Authority Act, to ascertain if  an  applicant  for  a
19    driver  position  has  been convicted of any criminal or drug
20    offense enumerated in Section 28b of the Metropolitan Transit
21    Authority Act.  The Department shall furnish  the  conviction
22    information to the private carrier company that requested the
23    information.
24        33.  To  apply  for grants or contracts, receive, expend,
25    allocate, or disburse funds  and  moneys  made  available  by
26    public  or  private  entities, including, but not limited to,
27    contracts, bequests,  grants,  or  receiving  equipment  from
28    corporations,  foundations, or public or private institutions
29    of higher learning.  All funds  received  by  the  Department
30    from  these  sources  shall be deposited into the appropriate
31    fund  in  the  State  Treasury  to  be  appropriated  to  the
32    Department for  purposes  as  indicated  by  the  grantor  or
33    contractor  or,  in the case of funds or moneys bequeathed or
34    granted for no specific purpose, for any  purpose  as  deemed
 
HB1432 Engrossed            -32-               LRB9103140PTpk
 1    appropriate    by   the   Director   in   administering   the
 2    responsibilities of the Department.
 3        34.  Upon the request of the Department of  Children  and
 4    Family Services, the Department of State Police shall provide
 5    properly  designated  employees of the Department of Children
 6    and Family Services with criminal history record  information
 7    as defined in the Illinois Uniform Conviction Information Act
 8    and  information maintained in the Statewide Central Juvenile
 9    record system as defined in subdivision (A)19 of this Section
10    if the Department of Children and Family Services  determines
11    the  information is necessary to perform its duties under the
12    Abused and Neglected Child Reporting Act, the Child Care  Act
13    of  1969,  and  the  Children  and  Family Services Act.  The
14    request shall be in the form  and  manner  specified  by  the
15    Department of State Police.
16        35.  The   Illinois   Department  of  Public  Aid  is  an
17    authorized entity under  this  Section  for  the  purpose  of
18    exchanging  information,  in  the form and manner required by
19    the Department of State Police, obtaining access  to  various
20    data  repositories available through LEADS, to facilitate the
21    location  of  individuals  for  establishing  paternity,  and
22    establishing,  modifying,   and   enforcing   child   support
23    obligations,  pursuant  to  the  Illinois Public Aid Code and
24    Title IV, Part Section D of the  Social  Security  Act.   The
25    Department  shall  enter  into an agreement with the Illinois
26    Department of Public Aid consistent with these purposes.
27        36.  Upon request of the Department of Human Services, to
28    conduct an assessment  and  evaluation  of  sexually  violent
29    persons   as   mandated   by  the  Sexually  Violent  Persons
30    Commitment Act, the Department shall furnish criminal history
31    information maintained on the requested person.  The  request
32    shall be in the form and manner specified by the Department.
33        (B)  The  Department  of  State  Police may establish and
34    maintain, within the Department of State Police, a  Statewide
 
HB1432 Engrossed            -33-               LRB9103140PTpk
 1    Organized  Criminal  Gang Database (SWORD) for the purpose of
 2    tracking organized  criminal  gangs  and  their  memberships.
 3    Information  in  the database may include, but not be limited
 4    to, the  name,  last  known  address,  birth  date,  physical
 5    descriptions  (such  as  scars,  marks,  or tattoos), officer
 6    safety information, organized gang affiliation, and  entering
 7    agency   identifier.    The   Department   may   develop,  in
 8    consultation with the Criminal Justice Information Authority,
 9    and in a form and manner prescribed  by  the  Department,  an
10    automated  data  exchange system to compile, to maintain, and
11    to  make  this  information   electronically   available   to
12    prosecutors  and  to  other  law  enforcement  agencies.  The
13    information may be used by authorized agencies to combat  the
14    operations of organized criminal gangs statewide.
15        (C)  The  Department  of  State  Police may ascertain the
16    number of  bilingual  police  officers  and  other  personnel
17    needed  to  provide services in a language other than English
18    and may  establish,  under  applicable  personnel  rules  and
19    Department  guidelines  or  through  a  collective bargaining
20    agreement, a bilingual pay supplement program.
21    (Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
22    90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-590,  eff.
23    1-1-00; 90-655, eff. 7-30-98; 90-793, eff.  8-14-98;  revised
24    1-21-99.)

25        Section  15.   The Local Records Act is amended by adding
26    Section 3b as follows:

27        (50 ILCS 205/3b new)
28        Sec. 3b.  Arrest reports.
29        (a)  When  an  individual  is  arrested,  the   following
30    information  must  be  made  available  to the news media for
31    inspection and copying:
32             (1)   Information  that   identifies   the   person,
 
HB1432 Engrossed            -34-               LRB9103140PTpk
 1        including  the  name,  age, address, and photograph, when
 2        and if available.
 3             (2)  Information detailing any charges  relating  to
 4        the arrest.
 5             (3)  The time and location of the arrest.
 6             (4)   The name of the investigating or arresting law
 7        enforcement agency.
 8             (5)  If incarcerated, the  amount  of  any  bail  or
 9        bond.
10             (6)   If  incarcerated,  the  time and date that the
11        individual was received, discharged, or transferred  from
12        the arresting agency's custody.
13        (b)   The  information  required  by this Section must be
14    made available to the news media for inspection  and  copying
15    as soon as practicable, but in no event shall the time period
16    exceed  72  hours from the arrest.  The information described
17    in paragraphs 3, 4, 5, and 6 of subsection (a), however,  may
18    be withheld if it is determined that disclosure would:
19             (1)    interfere   with   pending  or  actually  and
20        reasonably  contemplated  law   enforcement   proceedings
21        conducted by any law enforcement or correctional agency;
22             (2)   endanger  the  life  or physical safety of law
23        enforcement  or  correctional  personnel  or  any   other
24        person; or
25             (3)  compromise  the  security  of  any correctional
26        facility.
27        (c)  For the purposes of  this  Section  the  term  "news
28    media"  means  personnel  of  a newspaper or other periodical
29    issued at regular intervals, a news service, a radio station,
30    a television station, a community antenna television service,
31    or a person or corporation engaged in making  news  reels  or
32    other motion picture news for public showing.
33        (d)   Each  law  enforcement  or  correctional agency may
34    charge fees for arrest records, but in no  instance  may  the
 
HB1432 Engrossed            -35-               LRB9103140PTpk
 1    fee  exceed the actual cost of copying and reproduction.  The
 2    fees may not include the cost of the labor used to  reproduce
 3    the arrest record.
 4        (e)   The provisions of this Section do not supersede the
 5    confidentiality provisions for arrest records of the Juvenile
 6    Court Act.

 7        Section 20.  The Campus Security Act is amended by adding
 8    Section 15 as follows:

 9        (110 ILCS 12/15 new)
10        Sec. 15.  Arrest reports.
11        (a)  When  an  individual  is  arrested,  the   following
12    information  must  be  made  available  to the news media for
13    inspection and copying:
14             (1)   Information  that   identifies   the   person,
15        including  the  name,  age, address, and photograph, when
16        and if available.
17             (2)  Information detailing any charges  relating  to
18        the arrest.
19             (3)  The time and location of the arrest.
20             (4)   The name of the investigating or arresting law
21        enforcement agency.
22             (5)  If incarcerated, the  amount  of  any  bail  or
23        bond.
24             (6)   If  incarcerated,  the  time and date that the
25        individual was received, discharged, or transferred  from
26        the arresting agency's custody.
27        (b)   The  information  required  by this Section must be
28    made available to the news media for inspection  and  copying
29    as soon as practicable, but in no event shall the time period
30    exceed  72  hours from the arrest.  The information described
31    in paragraphs 3, 4, 5, and 6 of subsection (a), however,  may
32    be withheld if it is determined that disclosure would:
 
HB1432 Engrossed            -36-               LRB9103140PTpk
 1             (1)    interfere   with   pending  or  actually  and
 2        reasonably  contemplated  law   enforcement   proceedings
 3        conducted by any law enforcement or correctional agency;
 4             (2)   endanger  the  life  or physical safety of law
 5        enforcement  or  correctional  personnel  or  any   other
 6        person; or
 7             (3)  compromise  the  security  of  any correctional
 8        facility.
 9        (c)  For the purposes of  this  Section  the  term  "news
10    media"  means  personnel  of  a newspaper or other periodical
11    issued at regular intervals, a news service, a radio station,
12    a television station, a community antenna television service,
13    or a person or corporation engaged in making  news  reels  or
14    other motion 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.

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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