Public Act 098-0555
 
SB0115 EnrolledLRB098 04339 JDS 34367 b



    AN ACT concerning government.

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

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



    (5 ILCS 160/4a)



    Sec. 4a. Arrest reports. 

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


        (1) Information that identifies the individual,

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


        (2) Information detailing any charges relating to the 
    arrest.


        (3) The time and location of the arrest.


        (4) The name of the investigating or arresting law 
    enforcement agency.


        (5) If the individual is incarcerated, the amount of 
    any bail
or bond.


        (6) If the individual is incarcerated, the time and 
    date that the
individual was received, discharged, or 
    transferred from the arresting
agency's custody.

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


        (1) interfere with pending or actually and reasonably 
    contemplated law
enforcement proceedings conducted by any 
    law enforcement or correctional
agency;


        (2) endanger the life or physical safety of law 
    enforcement or
correctional personnel or any other person; 
    or


        (3) compromise the security of any correctional 
    facility.

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

making news reels or other motion picture news for public 
showing.

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

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

    (f) All information, including photographs, made available 
under this Section is subject to the provisions of Section 2QQQ 
of the Consumer Fraud and Deceptive Business Practices Act. 
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; 
92-335, eff.
8-10-01.)

 
    Section 10. The Local Records Act is amended  by changing 
Section 3b as follows:
 



    (50 ILCS 205/3b)



    Sec. 3b. Arrest reports. 

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


        (1) Information that identifies the individual,

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


        (2) Information detailing any charges relating to the 
    arrest.


        (3) The time and location of the arrest.


        (4) The name of the investigating or arresting law 
    enforcement agency.


        (5) If the individual is incarcerated, the amount of 
    any bail
or bond.


        (6) If the individual is incarcerated, the time and 
    date that the
individual was received, discharged, or 
    transferred from the arresting
agency's custody.

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


        (1) interfere with pending or actually and reasonably 
    contemplated law
enforcement proceedings conducted by any 
    law enforcement or correctional
agency;


        (2) endanger the life or physical safety of law 
    enforcement or
correctional personnel or any other person; 
    or


        (3) compromise the security of any correctional 
    facility.

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

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

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

    (f) All information, including photographs, made available 
under this Section is subject to the provisions of Section 2QQQ 
of the Consumer Fraud and Deceptive Business Practices Act. 
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; 
92-335, eff.
8-10-01.)

 
    Section 15. The Consumer Fraud and Deceptive Business 
Practices Act is amended  by adding Section 2QQQ as follows:
 
    (815 ILCS 505/2QQQ new)
    Sec. 2QQQ. Criminal record information.
    (a) It is an unlawful practice for any person engaged in 
publishing or otherwise disseminating criminal record 
information through a print or electronic medium to solicit or 
accept the payment of a fee or other consideration to remove, 
correct, or modify said criminal record information.
    (b) For the purposes of this Section, "criminal record 
information" includes any and all of the following:
        (1) descriptions or notations of any arrests, any 
    formal criminal charges, and the disposition of those 
    criminal charges, including, but not limited to, any 
    information made available under Section 4a of the State 
    Records Act or Section 3b of the Local Records Act;
        (2) photographs of the person taken pursuant to an 
    arrest or other involvement in the criminal justice system; 
    or
        (3) personal identifying information, including a 
    person's name, address, date of birth, photograph, and 
    social security number or other government-issued 
    identification number.