Full Text of SB0115 98th General Assembly
SB0115sam001 98TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/9/2013
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| 1 | | AMENDMENT TO SENATE BILL 115
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 115 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Records Act is amended by changing | 5 | | Section 4a as follows:
| 6 | | (5 ILCS 160/4a)
| 7 | | Sec. 4a. Arrest reports.
| 8 | | (a) When an individual is arrested, the following | 9 | | information must
be made available to the news media for | 10 | | inspection and copying:
| 11 | | (1) Information that identifies the individual,
| 12 | | including the name, age, address, and photograph, when and | 13 | | if available.
| 14 | | (2) Information detailing any charges relating to the | 15 | | arrest.
| 16 | | (3) The time and location of the arrest.
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| 1 | | (4) The name of the investigating or arresting law | 2 | | enforcement agency.
| 3 | | (5) If the individual is incarcerated, the amount of | 4 | | any bail
or bond.
| 5 | | (6) If the individual is incarcerated, the time and | 6 | | date that the
individual was received, discharged, or | 7 | | transferred from the arresting
agency's custody.
| 8 | | (b) The information required by this Section must be made | 9 | | available to the
news media for inspection and copying as soon | 10 | | as practicable, but in no event
shall the time period exceed 72 | 11 | | hours from the arrest. The information
described in paragraphs | 12 | | (3), (4), (5), and (6) of
subsection (a), however, may be | 13 | | withheld if it is determined that disclosure
would:
| 14 | | (1) interfere with pending or actually and reasonably | 15 | | contemplated law
enforcement proceedings conducted by any | 16 | | law enforcement or correctional
agency;
| 17 | | (2) endanger the life or physical safety of law | 18 | | enforcement or
correctional personnel or any other person; | 19 | | or
| 20 | | (3) compromise the security of any correctional | 21 | | facility.
| 22 | | (c) For the purposes of this Section, the term "news media" | 23 | | means personnel
of a newspaper or other periodical issued at | 24 | | regular intervals whether in
print or electronic format, a news | 25 | | service whether in print or electronic
format, a radio station, | 26 | | a television station, a television network, a
community antenna |
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| 1 | | television service, or a person or corporation engaged in
| 2 | | making news reels or other motion picture news for public | 3 | | showing.
| 4 | | (d) Each law enforcement or correctional agency may charge | 5 | | fees for arrest
records, but in no instance may the fee exceed | 6 | | the actual cost of copying and
reproduction. The fees may not | 7 | | include the cost of the labor used to reproduce
the arrest | 8 | | record.
| 9 | | (e) The provisions of this Section do not supersede the | 10 | | confidentiality
provisions for arrest records of the Juvenile | 11 | | Court Act of 1987.
| 12 | | (f) All information, including all photographs and digital | 13 | | images, made available under this Section remains the | 14 | | intellectual property of the law enforcement or correctional | 15 | | agency that compiled or created the information provided. | 16 | | Ownership of the information and the protections provided by | 17 | | this Section extends to any and all copies or reproductions of | 18 | | the information, including any reproduction or republication | 19 | | of photographs and digital images. | 20 | | (g) Any information, including photographs and digital | 21 | | images, made available under this Section may be published, | 22 | | disseminated, or reproduced, provided that the publication, | 23 | | dissemination, or reproduction of the information is complete | 24 | | and accurate. The information published, disseminated, or | 25 | | reproduced is considered complete and accurate if the | 26 | | information: |
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| 1 | | (1) has not been modified or edited, except that | 2 | | photographs and digital images may be enlarged or reduced; | 3 | | (2) correctly and completely reflects the information | 4 | | provided under subsection (a) of this Section; and | 5 | | (3) fully reflects the most recent information | 6 | | available. | 7 | | A violation of this subsection (g) constitutes a business | 8 | | offense with a fine of $1,000 per day that the person or entity | 9 | | is in violation of this subsection (g), with each day being a | 10 | | separate violation. | 11 | | (h) No person or entity may charge a fee for ceasing | 12 | | information, including a publication, reproduction, or | 13 | | dissemination of a copyrighted photograph or digital image, | 14 | | made available under this Section. Upon receipt of documents | 15 | | showing that one of the following are true, the person or | 16 | | entity must cease publication, reproduction, or dissemination | 17 | | of the information, including photographs and digital images, | 18 | | within 48 hours: | 19 | | (1) the charges against the arrested individual have | 20 | | been dismissed; | 21 | | (2) the arrested individual was under the age of 18 at | 22 | | the time of arrest; | 23 | | (3) the arrested individual was acquitted or found not | 24 | | guilty of the crimes charged; | 25 | | (4) the arrested individual received a non-adjudicated | 26 | | disposition; |
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| 1 | | (5) the arrested individual has received a certificate | 2 | | of innocence or has been granted an executive clemency or | 3 | | pardon; | 4 | | (6) the records of the arrested individual have been | 5 | | sealed or expunged; | 6 | | (7) the arrested individual is now deceased; or | 7 | | (8) the arrest was for a misdemeanor charge or | 8 | | non-violent felony, occurring more than 10 years ago. | 9 | | Upon cessation of publication, reproduction, or | 10 | | dissemination of the information, the person or entity must, | 11 | | within 7 days, notify the person who requested cessation of | 12 | | compliance therewith. A violation of this subsection (h) | 13 | | constitutes a business offense with a fine of $1,000 per day | 14 | | that the person or entity is in violation of this subsection | 15 | | (h), with each day being a separate violation. | 16 | | (i) Subsections (g) and (h) of this Section do not apply | 17 | | to: (1) federal, State, or local law enforcement or | 18 | | correctional agencies; or (2) any unit of federal, State, or | 19 | | local government. | 20 | | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | 21 | | 92-335, eff.
8-10-01.)".
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