HB4932 100TH GENERAL ASSEMBLY

LRB100 19838 HEP 35114 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4932

Introduced , by Rep. David A. Welter

SYNOPSIS AS INTRODUCED:

5 ILCS 140/2.15

Amends the Freedom of Information Act. Provides that a request for an arrest report or criminal history record must be made to the public body that created the public record being sought. Provides that a public body that merely maintains a copy of the public record being sought shall not release the public record. Provides that if a public body receives a request for a public record that it did not create, the public body shall direct the requester to the public body that created the public record.

A BILL FOR

AN ACT concerning government.

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

Section 5. The Freedom of Information Act is amended by changing Section 2.15 as follows:

(5 ILCS 140/2.15)

Sec. 2.15. Arrest reports and criminal history records.

(a) Arrest reports. The following chronologically maintained arrest and criminal history information maintained by State or local criminal justice agencies shall be furnished as soon as practical, but in no event later than 72 hours after the arrest, notwithstanding the time limits otherwise provided for in Section 3 of this Act: (i) information that identifies the individual, including the name, age, address, and photograph, when and if available; (ii) information detailing any charges relating to the arrest; (iii) the time and location of the arrest; (iv) the name of the investigating or arresting law enforcement agency; (v) if the individual is incarcerated, the amount of any bail or bond; and (vi) if the individual is incarcerated, the time and date that the individual was received into, discharged from, or transferred from the arresting agency's custody.

(b) Criminal history records. The following documents maintained by a public body pertaining to criminal history record information are public records subject to inspection and copying by the public pursuant to this Act: (i) court records that are public; (ii) records that are otherwise available under State or local law; and (iii) records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi).

(c) Information described in items (iii) through (vi) of subsection (a) may be withheld if it is determined that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement agency; (ii) endanger the life or physical safety of law enforcement or correctional personnel or any other person; or (iii) compromise the security of any correctional facility.

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

(e) A request for a public record under this Section must be made to the public body that created the public record being sought. A public body that merely maintains a copy of the public record being sought shall not release the public record. If a public body receives a request for a public record that it did not create, the public body shall direct the requester to the public body that created the public record.

(Source: P.A. 99-298, eff. 8-6-15.)