Full Text of SB1699 101st General Assembly
SB1699enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 2.15 as follows: | 6 | | (5 ILCS 140/2.15) | 7 | | Sec. 2.15. Arrest reports and criminal history records. | 8 | | (a) Arrest reports. The following chronologically | 9 | | maintained arrest and criminal history information maintained | 10 | | by State or local criminal justice agencies shall be furnished | 11 | | as soon as practical, but in no event later than 72 hours after | 12 | | the arrest, notwithstanding the time limits otherwise provided | 13 | | for in Section 3 of this Act: (i) information that identifies | 14 | | the individual, including the name, age, address, and | 15 | | photograph, when and if available; (ii) information detailing | 16 | | any charges relating to the arrest; (iii) the time and location | 17 | | of the arrest; (iv) the name of the investigating or arresting | 18 | | law enforcement agency; (v) if the individual is incarcerated, | 19 | | the amount of any bail or bond; and (vi) if the individual is | 20 | | incarcerated, the time and date that the individual was | 21 | | received into, discharged from, or transferred from the | 22 | | arresting agency's custody. | 23 | | (b) Criminal history records. The following documents |
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| 1 | | maintained by a public body pertaining to
criminal history | 2 | | record information are public records subject to inspection and | 3 | | copying by the
public pursuant to this Act: (i) court records | 4 | | that are public; (ii) records that are otherwise
available | 5 | | under State or local law; and (iii) records in which the | 6 | | requesting party is the individual
identified, except as | 7 | | provided under Section 7(1)(d)(vi). | 8 | | (c) Information described in items (iii) through (vi) of | 9 | | subsection (a) may be withheld if it is
determined that | 10 | | disclosure would: (i) interfere with pending or actually and | 11 | | reasonably contemplated law enforcement proceedings conducted | 12 | | by any law enforcement agency; (ii) endanger the life or | 13 | | physical safety of law enforcement or correctional personnel or | 14 | | any other person; or (iii) compromise the security of any | 15 | | correctional facility. | 16 | | (d) The provisions of this Section do not supersede the | 17 | | confidentiality provisions for law enforcement or arrest | 18 | | records of the Juvenile Court Act of 1987.
| 19 | | (e) Notwithstanding the requirements of subsection (a), a | 20 | | law enforcement agency may not publish booking photographs, | 21 | | commonly known as "mugshots", on its social networking media | 22 | | website in connection with civil offenses, petty offenses, | 23 | | business offenses, Class C misdemeanors, and Class B | 24 | | misdemeanors unless the booking photograph is posted to the | 25 | | social networking website social media to assist in the search | 26 | | for a missing person or to assist in the search for a fugitive, |
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| 1 | | person of interest, or individual wanted in relation to a crime | 2 | | other than a petty offense, business offense, Class C | 3 | | misdemeanor, or Class B misdemeanor. As used in this | 4 | | subsection, "social networking website" has the meaning | 5 | | provided in Section 10 of the Right to Privacy in the Workplace | 6 | | Act. | 7 | | (Source: P.A. 99-298, eff. 8-6-15; 100-927, eff. 1-1-19 .) | 8 | | Section 10. The State Records Act is amended by changing | 9 | | Section 4a as follows:
| 10 | | (5 ILCS 160/4a)
| 11 | | Sec. 4a. Arrest records and reports.
| 12 | | (a) When an individual is arrested, the following | 13 | | information must
be made available to the news media for | 14 | | inspection and copying:
| 15 | | (1) Information that identifies the individual,
| 16 | | including the name, age, address, and photograph, when and | 17 | | if available.
| 18 | | (2) Information detailing any charges relating to the | 19 | | arrest.
| 20 | | (3) The time and location of the arrest.
| 21 | | (4) The name of the investigating or arresting law | 22 | | enforcement agency.
| 23 | | (5) If the individual is incarcerated, the amount of | 24 | | any bail
or bond.
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| 1 | | (6) If the individual is incarcerated, the time and | 2 | | date that the
individual was received, discharged, or | 3 | | transferred from the arresting
agency's custody.
| 4 | | (b) The information required by this Section must be made | 5 | | available to the
news media for inspection and copying as soon | 6 | | as practicable, but in no event
shall the time period exceed 72 | 7 | | hours from the arrest. The information
described in paragraphs | 8 | | (3), (4), (5), and (6) of
subsection (a), however, may be | 9 | | withheld if it is determined that disclosure
would:
| 10 | | (1) interfere with pending or actually and reasonably | 11 | | contemplated law
enforcement proceedings conducted by any | 12 | | law enforcement or correctional
agency;
| 13 | | (2) endanger the life or physical safety of law | 14 | | enforcement or
correctional personnel or any other person; | 15 | | or
| 16 | | (3) compromise the security of any correctional | 17 | | facility.
| 18 | | (c) For the purposes of this Section, the term "news media" | 19 | | means personnel
of a newspaper or other periodical issued at | 20 | | regular intervals whether in
print or electronic format, a news | 21 | | service whether in print or electronic
format, a radio station, | 22 | | a television station, a television network, a
community antenna | 23 | | television service, or a person or corporation engaged in
| 24 | | making news reels or other motion picture news for public | 25 | | showing.
| 26 | | (d) Each law enforcement or correctional agency may charge |
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| 1 | | fees for arrest
records, but in no instance may the fee exceed | 2 | | the actual cost of copying and
reproduction. The fees may not | 3 | | include the cost of the labor used to reproduce
the arrest | 4 | | record.
| 5 | | (e) The provisions of this Section do not supersede the | 6 | | confidentiality
provisions for arrest records of the Juvenile | 7 | | Court Act of 1987.
| 8 | | (f) All information, including photographs, made available | 9 | | under this Section is subject to the provisions of Section 2QQQ | 10 | | of the Consumer Fraud and Deceptive Business Practices Act. | 11 | | (g) Notwithstanding the requirements of subsection (a), a | 12 | | law enforcement agency may not publish booking photographs, | 13 | | commonly known as "mugshots", on its social networking website | 14 | | in connection with civil offenses, petty offenses, business | 15 | | offenses, Class C misdemeanors, and Class B misdemeanors unless | 16 | | the booking photograph is posted to the social networking | 17 | | website to assist in the search for a missing person or to | 18 | | assist in the search for a fugitive, person of interest, or | 19 | | individual wanted in relation to a crime other than a petty | 20 | | offense, business offense, Class C misdemeanor, or Class B | 21 | | misdemeanor. As used in this subsection, "social networking | 22 | | website" has the meaning provided in Section 10 of the Right to | 23 | | Privacy in the Workplace Act. | 24 | | (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16 .)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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