102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0298
 
Introduced 2/19/2021, by Sen. Jason A. Barickman
 
SYNOPSIS AS INTRODUCED:
 

 
  
20 ILCS 2630/5  from Ch. 38, par. 206-5

     Amends the Criminal Identification Act.   Provides that law enforcement records of persons arrested for violations of the Cannabis Regulation and Tax Act or for violations of the Cannabis Control Act involving the manufacture, delivery, or possession with intent to deliver, or manufacture, cannabis and for cannabis possession may only be provided by the Illinois State Police and shall not be provided to any person lawfully entitled to obtain those records  by any other law enforcement agency or county sheriff.  Effective January 1, 2022.
  


LRB102 15931 CPF 21301 b

 
 
A BILL FOR
 

  
SB0298LRB102 15931 CPF 21301 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Identification Act is amended by 
5changing Section 5 as follows:
 


6    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)



7    Sec. 5. Arrest reports. All policing bodies of this State 
8shall furnish to the Department,
daily, in the form and detail 
9the Department requires, fingerprints,
descriptions, and 
10ethnic and racial background data as provided in Section 4.5 
11of this Act of all persons who are arrested on charges of 
12violating any penal
statute of this State for offenses that 
13are classified as felonies and Class
A or B misdemeanors and of 
14all minors of the age of 10 and over who have been
arrested for 
15an offense which would be a felony if committed by an adult, 
16and
may forward such fingerprints and descriptions for minors 
17arrested for Class A
or B misdemeanors.  Moving or nonmoving 
18traffic violations under the Illinois
Vehicle Code shall not 
19be reported except for violations of Chapter 4, Section

2011-204.1, or Section 11-501 of that Code.  In addition, 
21conservation offenses,
as defined in the Supreme Court Rule 
22501(c), that are classified as Class B
misdemeanors shall not 
23be reported. Those law enforcement records maintained by the 
 
 
SB0298- 2 -LRB102 15931 CPF 21301 b

1Department for minors arrested for an offense prior to their 
217th birthday, or minors arrested for a non-felony offense, if 
3committed by an adult, prior to their 18th birthday, shall not 
4be forwarded to the Federal Bureau of Investigation unless 
5those records relate to an arrest in which a minor was charged 
6as an adult under any of the transfer provisions of the 
7Juvenile Court Act of 1987. Law enforcement records of persons 
8arrested for violations of the Cannabis Regulation and Tax Act 
9or for violations of the Cannabis Control Act involving the 
10manufacture, delivery, or possession with intent to deliver, 
11or manufacture, cannabis and for cannabis possession may only 
12be provided by the Illinois State Police and shall not be 
13provided to any person lawfully entitled to obtain those 
14records  by any other law enforcement agency or county sheriff. 











15(Source: P.A. 98-528, eff. 1-1-15.)

  
 
16    Section 99. Effective date. This Act takes effect January 
171, 2022.