|
Public Act 099-0363
|
| HB0169 Enrolled | LRB099 00239 RLC 20244 b |
|
|
AN ACT concerning arrest records.
|
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 |
Sections 4a and 17 as follows:
|
(5 ILCS 160/4a)
|
Sec. 4a. Arrest records and reports.
|
(a) When an individual is arrested, the following |
information must
be made available to the news media for |
inspection and copying:
|
(1) Information that identifies the individual,
|
including the name, age, address, and photograph, when and |
if available.
|
(2) Information detailing any charges relating to the |
arrest.
|
(3) The time and location of the arrest.
|
(4) The name of the investigating or arresting law |
enforcement agency.
|
(5) 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. 98-555, eff. 1-1-14.)
|
(5 ILCS 160/17) (from Ch. 116, par. 43.20)
|
Sec. 17.
(a) Regardless of other authorization to the |
contrary, except as otherwise provided in subsection (b) of |
this Section, no record shall
be disposed of by any agency of |
the State, unless approval of the State
Records Commission is |
first obtained. The Commission shall issue
regulations, not |
inconsistent with this Act, which shall be binding on all
|
agencies. Such regulations shall establish procedures for |
compiling and
submitting to the Commission lists and schedules |
of records proposed for
disposal; procedures for the physical |
destruction or other disposition of
records proposed for |
disposal; and standards for the reproduction of
records by |
digital, photographic, or microphotographic
processes with the |
view to the
disposal of the original records. Such standards |
shall relate to the
electronic digital process and format, |
quality of film used, preparation of
the records for |
reproduction, proper
identification matter on the records so |
|
that an individual document or
series of documents can be |
located on the film or electronic medium with
reasonable |
facility,
and that the copies contain all significant record |
detail, to the end that
the photographic, microphotographic, or |
digital copies will be
adequate.
|
Such regulations shall also provide that the State |
archivist may retain
any records which the Commission has |
authorized to be destroyed, where they
have a historical value, |
and that the State archivist may deposit them in
the State |
Archives or State Historical Library
or with a historical |
society,
museum or library.
|
(b) Upon request from a chief of police, county sheriff, or |
State's Attorney, if a person has been arrested for a criminal |
offense and an investigation reveals that the person arrested |
was not in fact the individual the arresting officer believed |
him or her to be, the law enforcement agency whose officers |
made the arrest shall delete or retract the arrest records of |
that person whom the investigation revealed as not the |
individual the arresting officer believed him or her to be.
In |
this subsection (b): |
"Arrest records" are as described in Section 4a of this |
Act. |
"Law enforcement agency" means an agency of this State |
which is vested by law or ordinance with the duty to |
maintain public order
and to enforce criminal laws or |
ordinances. |
|
(Source: P.A. 92-866, eff. 1-3-03.)
|
Section 10. The Local Records Act is amended by changing |
Sections 3b and 4 as follows:
|
(50 ILCS 205/3b)
|
Sec. 3b. Arrest records and reports.
|
(a) When an individual is arrested, the following |
information must
be made available to the news media for |
inspection and copying:
|
(1) Information that identifies the individual,
|
including the name, age, address, and photograph, when and |
if available.
|
(2) Information detailing any charges relating to the |
arrest.
|
(3) The time and location of the arrest.
|
(4) The name of the investigating or arresting law |
enforcement agency.
|
(5) 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. 98-555, eff. 1-1-14.)
|
(50 ILCS 205/4) (from Ch. 116, par. 43.104)
|
Sec. 4.
(a) Except as otherwise provided in subsection (b) |
of this Section, all All public records made or received by, or |
under the
authority of, or coming into the custody, control or |
possession of any
officer or agency shall not be mutilated, |
destroyed, transferred,
removed or otherwise damaged or |
disposed of, in whole or in part, except
as provided by law. |
Any person who knowingly, without lawful authority and with the |
intent to defraud any party, public officer, or entity, alters, |
destroys, defaces, removes, or conceals any public record |
commits a Class 4 felony.
|
Court records filed with the clerks of the Circuit Court |
shall be
destroyed in accordance with the Supreme
Court's |
General Administrative Order on Recordkeeping in the Circuit
|
Courts. The clerks of the Circuit Courts shall notify the |
Supreme Court,
in writing, specifying case records or other |
documents which they intend to
destroy. The Supreme Court shall |
review the schedule of items to be destroyed
and notify the |
appropriate Local Records Commission of the Court's intent to
|
destroy such records. The Local Records Commission, within 90 |
|
days after
receipt of the Supreme Court's notice, may undertake |
to photograph,
microphotograph, or digitize electronically any |
or all such records and
documents, or, in the
alternative, may |
transport such original records to the State Archives
or other |
storage location under its supervision.
|
The Archivist may accept for deposit in the State Archives |
or
regional depositories official papers, drawings, maps, |
writings and
records of every description of counties, |
municipal corporations,
political subdivisions and courts of |
this State, when such materials are
deemed by the Archivist to |
have sufficient historical or other value to
warrant their |
continued preservation by the State of Illinois.
|
The officer or clerk depositing such records may, upon |
request,
obtain from the Archivist, without charge, a certified |
copy or
reproduction of any specific record, paper or document |
when such record,
paper or document is required for public use.
|
(b) Upon request from a chief of police, county sheriff, or |
State's Attorney, if a person has been arrested for a criminal |
offense and an investigation reveals that the person arrested |
was not in fact the individual the arresting officer believed |
him or her to be, the law enforcement agency whose officers |
made the arrest shall delete or retract the arrest records of |
that person whom the investigation revealed as not the |
individual the arresting officer believed him or her to be. In |
this subsection (b): |
"Arrest records" are as described in Section 3b of this |