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91_HB1432enr
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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;
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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 Enrolled -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 Enrolled -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 Enrolled -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.
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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 Enrolled -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 Enrolled -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
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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
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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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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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