Public Act 095-0040
 		





HB0237 Enrolled
LRB095 04681 BDD 24739 b






    AN ACT concerning libraries.

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


 
    Section 5. The Library Records Confidentiality Act is 
amended  by changing Section 1 as follows:
 



    (75 ILCS 70/1)  (from Ch. 81, par. 1201)



    Sec. 1. (a) The registration and circulation records of a 
library
are confidential information.  Except pursuant to a 
court order, No person
shall publish or make any information 
contained in such records available to the public unless:
        (1) required to do so under a court order; or
        (2) the information is requested by a sworn law 
    enforcement officer who represents that it is impractical 
    to secure a court order as a result of an emergency where 
    the law enforcement officer has probable cause to believe 
    that there is an imminent danger of physical harm.  The 
    information requested must be limited to identifying a 
    suspect, witness, or victim of a crime.  The information 
    requested without a court order may not include the 
    disclosure of registration or circulation records that 
    would indicate materials borrowed, resources reviewed, or 
    services used at the library.  If requested to do so by the 
    library, the requesting law enforcement officer must sign a 
    form acknowledging the receipt of the information. A 
    library providing the information may seek subsequent 
    judicial review to assess compliance with this Section. 
    This subsection shall not alter any right to challenge the 
use or dissemination of patron information that is otherwise 
permitted by law.


    (b) This Section does not prevent a library from publishing 
or making
available to the public reasonable statistical 
reports regarding library
registration and book circulation 
where those reports are presented so that
no individual is 
identified therein.

    (b-5) Nothing in this Section shall be construed as a 
privacy violation or a breach of confidentiality if a library 
provides information to a law enforcement officer under item 
(2) of subsection (a).

    (c) For the purpose of this Section, (i) "library" means 
any public library
or library of an educational, historical or 
eleemosynary institution, organization
or society;  (ii) 
"registration records" includes any information a library

requires a person to provide in order for that person to become 
eligible
to borrow books and other materials and (iii) 
"circulation records" includes
all information identifying the 
individual borrowing particular
books or materials.

(Source: P.A. 83-179.)