Illinois General Assembly - Full Text of SB0115
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Full Text of SB0115  98th General Assembly


Sen. John G. Mulroe

Filed: 5/9/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 115 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Records Act is amended by changing
5Section 4a as follows:
6    (5 ILCS 160/4a)
7    Sec. 4a. Arrest reports.
8    (a) When an individual is arrested, the following
9information must be made available to the news media for
10inspection 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
9available to the news media for inspection and copying as soon
10as practicable, but in no event shall the time period exceed 72
11hours from the arrest. The information described in paragraphs
12(3), (4), (5), and (6) of subsection (a), however, may be
13withheld 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"
23means personnel of a newspaper or other periodical issued at
24regular intervals whether in print or electronic format, a news
25service whether in print or electronic format, a radio station,
26a television station, a television network, a community antenna



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1television service, or a person or corporation engaged in
2making news reels or other motion picture news for public
4    (d) Each law enforcement or correctional agency may charge
5fees for arrest records, but in no instance may the fee exceed
6the actual cost of copying and reproduction. The fees may not
7include the cost of the labor used to reproduce the arrest
9    (e) The provisions of this Section do not supersede the
10confidentiality provisions for arrest records of the Juvenile
11Court Act of 1987.
12    (f) All information, including all photographs and digital
13images, made available under this Section remains the
14intellectual property of the law enforcement or correctional
15agency that compiled or created the information provided.
16Ownership of the information and the protections provided by
17this Section extends to any and all copies or reproductions of
18the information, including any reproduction or republication
19of photographs and digital images.
20    (g) Any information, including photographs and digital
21images, made available under this Section may be published,
22disseminated, or reproduced, provided that the publication,
23dissemination, or reproduction of the information is complete
24and accurate. The information published, disseminated, or
25reproduced is considered complete and accurate if the



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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
8offense with a fine of $1,000 per day that the person or entity
9is in violation of this subsection (g), with each day being a
10separate violation.
11    (h) No person or entity may charge a fee for ceasing
12information, including a publication, reproduction, or
13dissemination of a copyrighted photograph or digital image,
14made available under this Section. Upon receipt of documents
15showing that one of the following are true, the person or
16entity must cease publication, reproduction, or dissemination
17of the information, including photographs and digital images,
18within 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
10dissemination of the information, the person or entity must,
11within 7 days, notify the person who requested cessation of
12compliance therewith. A violation of this subsection (h)
13constitutes a business offense with a fine of $1,000 per day
14that 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
17to: (1) federal, State, or local law enforcement or
18correctional agencies; or (2) any unit of federal, State, or
19local government.
20(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
2192-335, eff. 8-10-01.)".