Full Text of HB0288 98th General Assembly
HB0288 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0288 Introduced 1/25/2013, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 20 ILCS 2635/3 | from Ch. 38, par. 1603 |
|
Amends the Illinois Uniform Conviction Information Act. Makes a technical
change in a Section concerning definitions.
|
| |
| | A BILL FOR |
|
| | | HB0288 | | LRB098 03104 RLC 33119 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Uniform Conviction Information Act | 5 | | is amended by changing Section 3 as follows:
| 6 | | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
| 7 | | Sec. 3. Definitions. Whenever used in this Act, and and for | 8 | | the purposes
of this Act, unless the context clearly indicates | 9 | | otherwise:
| 10 | | (A) "Accurate" means factually correct, containing no | 11 | | mistake or error
of a material nature.
| 12 | | (B) The phrase "administer the criminal laws" includes any | 13 | | of the
following activities: intelligence gathering, | 14 | | surveillance, criminal
investigation, crime detection and | 15 | | prevention (including research),
apprehension, detention, | 16 | | pretrial or post-trial release, prosecution, the
correctional | 17 | | supervision or rehabilitation of accused persons or criminal
| 18 | | offenders, criminal identification activities, or the | 19 | | collection,
maintenance or dissemination of criminal history | 20 | | record information.
| 21 | | (C) "The Authority" means the Illinois Criminal Justice | 22 | | Information
Authority.
| 23 | | (D) "Automated" means the utilization of computers, |
| | | HB0288 | - 2 - | LRB098 03104 RLC 33119 b |
|
| 1 | | telecommunication
lines, or other automatic data processing | 2 | | equipment for data collection or
storage, analysis, | 3 | | processing, preservation, maintenance, dissemination, or
| 4 | | display and is distinguished from a system in which such | 5 | | activities are
performed manually.
| 6 | | (E) "Complete" means accurately reflecting all the | 7 | | criminal history
record information about an individual that is | 8 | | required to be reported to
the Department pursuant to Section | 9 | | 2.1 of the Criminal Identification Act.
| 10 | | (F) "Conviction information" means data reflecting a | 11 | | judgment of guilt
or nolo contendere. The term includes all | 12 | | prior and subsequent criminal
history events directly relating | 13 | | to such judgments, such as, but not
limited to: (1) the | 14 | | notation of arrest; (2) the notation of charges filed;
(3) the | 15 | | sentence imposed; (4) the fine imposed; and (5) all related
| 16 | | probation, parole, and release information. Information ceases | 17 | | to be
"conviction information" when a judgment of guilt is | 18 | | reversed or vacated.
| 19 | | For purposes of this Act, continuances to a date certain in | 20 | | furtherance
of an order of supervision granted under Section | 21 | | 5-6-1 of the Unified Code
of Corrections or an order of | 22 | | probation granted under either Section 10 of
the Cannabis | 23 | | Control Act, Section 410 of the Illinois Controlled
Substances | 24 | | Act, Section 70 of the Methamphetamine Control and Community | 25 | | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section | 26 | | 12-3.05 of the Criminal Code of 1961, Section
10-102 of the |
| | | HB0288 | - 3 - | LRB098 03104 RLC 33119 b |
|
| 1 | | Illinois Alcoholism and Other Drug Dependency Act, Section
| 2 | | 40-10 of the Alcoholism and Other Drug Abuse and Dependency | 3 | | Act, or Section
10 of the Steroid Control Act shall not be | 4 | | deemed "conviction information".
| 5 | | (G) "Criminal history record information" means data | 6 | | identifiable to an
individual and consisting of descriptions or | 7 | | notations of arrests,
detentions, indictments, informations, | 8 | | pretrial proceedings, trials, or
other formal events in the | 9 | | criminal justice system or descriptions or
notations of | 10 | | criminal charges (including criminal violations of local
| 11 | | municipal ordinances) and the nature of any disposition arising | 12 | | therefrom,
including sentencing, court or correctional | 13 | | supervision, rehabilitation and
release. The term does not | 14 | | apply to statistical records and reports in
which individual | 15 | | are not identified and from which their identities are not
| 16 | | ascertainable, or to information that is for criminal | 17 | | investigative or
intelligence purposes.
| 18 | | (H) "Criminal justice agency" means (1) a government agency | 19 | | or any
subunit thereof which is authorized to administer the | 20 | | criminal laws and
which allocates a substantial part of its | 21 | | annual budget for that purpose,
or (2) an agency supported by | 22 | | public funds which is authorized as its
principal function to | 23 | | administer the criminal laws and which is officially
designated | 24 | | by the Department as a criminal justice agency for purposes of
| 25 | | this Act.
| 26 | | (I) "The Department" means the Illinois Department of State |
| | | HB0288 | - 4 - | LRB098 03104 RLC 33119 b |
|
| 1 | | Police.
| 2 | | (J) "Director" means the Director of the Illinois | 3 | | Department of State
Police.
| 4 | | (K) "Disseminate" means to disclose or transmit conviction | 5 | | information
in any form, oral, written, or otherwise.
| 6 | | (L) "Exigency" means pending danger or the threat of | 7 | | pending danger to
an individual or property.
| 8 | | (M) "Non-criminal justice agency" means a State agency, | 9 | | Federal agency,
or unit of local government that is not a | 10 | | criminal justice agency. The
term does not refer to private | 11 | | individuals, corporations, or
non-governmental agencies or | 12 | | organizations.
| 13 | | (M-5) "Request" means the submission to the Department, in | 14 | | the form and
manner required, the necessary data elements or | 15 | | fingerprints, or both, to allow
the Department to initiate a | 16 | | search of its criminal history record information
files.
| 17 | | (N) "Requester" means any private individual, corporation, | 18 | | organization,
employer, employment agency, labor organization, | 19 | | or non-criminal justice
agency that has made a request pursuant | 20 | | to this Act
to obtain
conviction information maintained in the | 21 | | files of the Department of State
Police regarding a particular | 22 | | individual.
| 23 | | (O) "Statistical information" means data from which the | 24 | | identity of an
individual cannot be ascertained, | 25 | | reconstructed, or verified and to which
the identity of an | 26 | | individual cannot be linked by the recipient of the
|
| | | HB0288 | - 5 - | LRB098 03104 RLC 33119 b |
|
| 1 | | information.
| 2 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
|