Full Text of SB3110 093rd General Assembly
SB3110 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3110
Introduced 2/6/2004, by Lawrence M. Walsh SYNOPSIS AS INTRODUCED: |
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20 ILCS 2630/3 |
from Ch. 38, par. 206-3 |
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Provides that certain information furnished by the Department of State Police to the commanding officer of a military installation and sought pursuant to a federally mandated security or criminal history check shall include all conviction and non-conviction criminal history record databases held by the Federal Bureau of Investigation, now and hereafter filed. Effective immediately.
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A BILL FOR
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SB3110 |
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LRB093 18071 MKM 43758 b |
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| AN ACT concerning criminal identification.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Identification Act is amended by | 5 |
| changing Section 3 as follows:
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| (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
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| Sec. 3. Information to be furnished peace officers and | 8 |
| commanding officers
of certain military installations in | 9 |
| Illinois.
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| (A) The Department shall file or cause to be filed all | 11 |
| plates,
photographs, outline pictures, measurements, | 12 |
| descriptions and information
which shall be received by it by | 13 |
| virtue of its office and shall make a
complete and systematic | 14 |
| record and index of the same, providing thereby a
method of | 15 |
| convenient reference and comparison. The Department shall
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| furnish, upon application, all information pertaining to the | 17 |
| identification
of any person or persons, a plate, photograph, | 18 |
| outline picture, description,
measurements, or any data of | 19 |
| which there is a record in its office. Such
information shall | 20 |
| be furnished to peace officers of the United States, of other
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| states or territories, of the Insular possessions of the United | 22 |
| States, of
foreign countries duly authorized to receive the | 23 |
| same, to all peace officers of
the State of Illinois, to | 24 |
| investigators of the Illinois Law Enforcement
Training | 25 |
| Standards Board and, conviction information only, to units
of | 26 |
| local government, school districts and private organizations, | 27 |
| under the
provisions of
Section 2605-10, 2605-15, 2605-75, | 28 |
| 2605-100, 2605-105, 2605-110,
2605-115, 2605-120, 2605-130, | 29 |
| 2605-140, 2605-190, 2605-200, 2605-205, 2605-210,
2605-215, | 30 |
| 2605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, | 31 |
| 2605-335,
2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | 32 |
| 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
2605-430, |
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SB3110 |
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LRB093 18071 MKM 43758 b |
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| 2605-435, 2605-500, 2605-525, or 2605-550 of the Department of | 2 |
| State
Police Law (20 ILCS 2605/2605-10, 2605/2605-15,
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| 2605/2605-75,
2605/2605-100, 2605/2605-105, 2605/2605-110, | 4 |
| 2605/2605-115,
2605/2605-120, 2605/2605-130, 2605/2605-140, | 5 |
| 2605/2605-190, 2605/2605-200,
2605/2605-205, 2605/2605-210, | 6 |
| 2605/2605-215, 2605/2605-250, 2605/2605-275,
2605/2605-300,
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| 2605/2605-305, 2605/2605-315, 2605/2605-325, 2605/2605-335, | 8 |
| 2605/2605-340,
2605/2605-350, 2605/2605-355, 2605/2605-360,
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| 2605/2605-365, 2605/2605-375, 2605/2605-390,
2605/2605-400, | 10 |
| 2605/2605-405, 2605/2605-420, 2605/2605-430, 2605/2605-435,
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| 2605/2605-500, 2605/2605-525, or 2605/2605-550).
Applications | 12 |
| shall be in writing and accompanied by a certificate, signed by
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| the peace officer or chief administrative officer or his | 14 |
| designee making such
application, to the effect that the | 15 |
| information applied for is necessary in the
interest of and | 16 |
| will be used solely in the due administration of the criminal
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| laws or for the purpose of evaluating the qualifications and | 18 |
| character of
employees, prospective employees, volunteers, or | 19 |
| prospective
volunteers of units of local government, school | 20 |
| districts, and private
organizations.
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| For the purposes of this subsection, "chief administrative | 22 |
| officer" is
defined as follows:
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| a) The city manager of a city or, if a city does not | 24 |
| employ a city
manager,
the mayor of the city.
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| b) The manager of a village or, if a village does not | 26 |
| employ a manager,
the president of the village.
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| c) The chairman or president of a county board or, if a | 28 |
| county has adopted
the county executive form of government, | 29 |
| the chief executive officer of the
county.
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| d) The president of the school board of a school | 31 |
| district.
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| e) The supervisor of a township.
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| f) The official granted general administrative control | 34 |
| of a special
district, an authority, or organization of | 35 |
| government establishment by law
which may issue | 36 |
| obligations and which either may levy a property tax or may
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| expend funds of the district, authority, or organization | 2 |
| independently of any
parent unit of government.
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| g) The executive officer granted general | 4 |
| administrative control of a
private organization defined | 5 |
| in Section 2605-335 of the Department of State Police Law | 6 |
| (20 ILCS 2605/2605-335).
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| (B) Upon written application and payment of fees authorized | 8 |
| by this
subsection, State agencies and units of local | 9 |
| government, not including school
districts, are authorized to | 10 |
| submit fingerprints of employees, prospective
employees and | 11 |
| license applicants to the Department for the purpose of | 12 |
| obtaining
conviction information maintained by the Department | 13 |
| and the Federal Bureau of
Investigation about such persons. The | 14 |
| Department shall submit such
fingerprints to the Federal Bureau | 15 |
| of Investigation on behalf of such agencies
and units of local | 16 |
| government. The Department shall charge an application fee,
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| based on actual costs, for the dissemination of conviction | 18 |
| information pursuant
to this subsection. The Department is | 19 |
| empowered to establish this fee and
shall prescribe the form | 20 |
| and manner for requesting and furnishing conviction
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| information pursuant to this subsection.
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| (C) Upon payment of fees authorized by this subsection, the | 23 |
| Department shall
furnish to the commanding officer of a | 24 |
| military installation in Illinois having
an arms storage | 25 |
| facility, upon written request of such commanding officer or
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| his designee, and in the form and manner prescribed by the | 27 |
| Department, all
criminal history record information pertaining | 28 |
| to any individual seeking access
to such a storage facility, | 29 |
| where such information is sought pursuant to a
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| federally-mandated security or criminal history check. This | 31 |
| information shall include all conviction and non-conviction | 32 |
| criminal history record databases held by the Federal Bureau of | 33 |
| Investigation, now and hereafter filed.
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| The Department shall establish and charge a fee, not to | 35 |
| exceed actual costs,
for providing information pursuant to this | 36 |
| subsection.
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SB3110 |
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LRB093 18071 MKM 43758 b |
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| (Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00; 92-16, | 2 |
| eff.
6-28-01.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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