Full Text of SB2974 96th General Assembly
SB2974 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2974
Introduced 2/3/2010, by Sen. Kirk W. Dillard 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
|
|
|
|
|
SB2974 |
|
LRB096 19974 RLC 35455 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, |
|
|
|
SB2974 |
- 2 - |
LRB096 19974 RLC 35455 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 of the Criminal Code of 1961, | 26 |
| Section
10-102 of the Illinois Alcoholism and Other Drug |
|
|
|
SB2974 |
- 3 - |
LRB096 19974 RLC 35455 b |
|
| 1 |
| Dependency Act, Section
40-10 of the Alcoholism and Other Drug | 2 |
| Abuse and Dependency Act, or Section
10 of the Steroid Control | 3 |
| Act shall not be deemed "conviction information".
| 4 |
| (G) "Criminal history record information" means data | 5 |
| identifiable to an
individual and consisting of descriptions or | 6 |
| notations of arrests,
detentions, indictments, informations, | 7 |
| pretrial proceedings, trials, or
other formal events in the | 8 |
| criminal justice system or descriptions or
notations of | 9 |
| criminal charges (including criminal violations of local
| 10 |
| municipal ordinances) and the nature of any disposition arising | 11 |
| therefrom,
including sentencing, court or correctional | 12 |
| supervision, rehabilitation and
release. The term does not | 13 |
| apply to statistical records and reports in
which individual | 14 |
| are not identified and from which their identities are not
| 15 |
| ascertainable, or to information that is for criminal | 16 |
| investigative or
intelligence purposes.
| 17 |
| (H) "Criminal justice agency" means (1) a government agency | 18 |
| or any
subunit thereof which is authorized to administer the | 19 |
| criminal laws and
which allocates a substantial part of its | 20 |
| annual budget for that purpose,
or (2) an agency supported by | 21 |
| public funds which is authorized as its
principal function to | 22 |
| administer the criminal laws and which is officially
designated | 23 |
| by the Department as a criminal justice agency for purposes of
| 24 |
| this Act.
| 25 |
| (I) "The Department" means the Illinois Department of State | 26 |
| Police.
|
|
|
|
SB2974 |
- 4 - |
LRB096 19974 RLC 35455 b |
|
| 1 |
| (J) "Director" means the Director of the Illinois | 2 |
| Department of State
Police.
| 3 |
| (K) "Disseminate" means to disclose or transmit conviction | 4 |
| information
in any form, oral, written, or otherwise.
| 5 |
| (L) "Exigency" means pending danger or the threat of | 6 |
| pending danger to
an individual or property.
| 7 |
| (M) "Non-criminal justice agency" means a State agency, | 8 |
| Federal agency,
or unit of local government that is not a | 9 |
| criminal justice agency. The
term does not refer to private | 10 |
| individuals, corporations, or
non-governmental agencies or | 11 |
| organizations.
| 12 |
| (M-5) "Request" means the submission to the Department, in | 13 |
| the form and
manner required, the necessary data elements or | 14 |
| fingerprints, or both, to allow
the Department to initiate a | 15 |
| search of its criminal history record information
files.
| 16 |
| (N) "Requester" means any private individual, corporation, | 17 |
| organization,
employer, employment agency, labor organization, | 18 |
| or non-criminal justice
agency that has made a request pursuant | 19 |
| to this Act
to obtain
conviction information maintained in the | 20 |
| files of the Department of State
Police regarding a particular | 21 |
| individual.
| 22 |
| (O) "Statistical information" means data from which the | 23 |
| identity of an
individual cannot be ascertained, | 24 |
| reconstructed, or verified and to which
the identity of an | 25 |
| individual cannot be linked by the recipient of the
| 26 |
| information.
|
|
|
|
SB2974 |
- 5 - |
LRB096 19974 RLC 35455 b |
|
| 1 |
| (Source: P.A. 94-556, eff. 9-11-05.)
|
|