Full Text of SB3766 102nd General Assembly
SB3766 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3766 Introduced 1/21/2022, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: |
| 50 ILCS 205/4 | from Ch. 116, par. 43.104 |
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Amends the Local Records Act. Provides that the use of any application, software, or other technology that prevents the maintenance or preservation of a public record through encryption, automatic deletion, or other means, or that results in a public record existing outside the possession or control of the applicable public body, shall be considered the concealment of a public record that is prohibited.
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| | A BILL FOR |
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| | | SB3766 | | LRB102 23310 AWJ 32476 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Local Records Act is amended by changing | 5 | | Section 4 as follows:
| 6 | | (50 ILCS 205/4) (from Ch. 116, par. 43.104)
| 7 | | Sec. 4.
(a) Except as otherwise provided in subsection (b) | 8 | | of this Section, all public records made or received by, or | 9 | | under the
authority of, or coming into the custody, control or | 10 | | possession of any
officer or agency shall not be mutilated, | 11 | | destroyed, transferred,
removed or otherwise damaged or | 12 | | disposed of, in whole or in part, except
as provided by law. | 13 | | Any person who knowingly, without lawful authority and with | 14 | | the intent to defraud any party, public officer, or entity, | 15 | | alters, destroys, defaces, removes, or conceals any public | 16 | | record commits a Class 4 felony. The use of any application, | 17 | | software, or other technology that prevents the maintenance or | 18 | | preservation of a public record through encryption, automatic | 19 | | deletion, or other means, or that results in a public record | 20 | | existing outside the possession or control of the applicable | 21 | | public body, shall be considered the concealment of a public | 22 | | record that is prohibited by this Section.
| 23 | | Court records filed with the clerks of the Circuit Court |
| | | SB3766 | - 2 - | LRB102 23310 AWJ 32476 b |
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| 1 | | shall be
destroyed in accordance with the Supreme
Court's | 2 | | General Administrative Order on Recordkeeping in the Circuit
| 3 | | Courts. The clerks of the Circuit Courts shall notify the | 4 | | Supreme Court,
in writing, specifying case records or other | 5 | | documents which they intend to
destroy. The Supreme Court | 6 | | shall review the schedule of items to be destroyed
and notify | 7 | | the appropriate Local Records Commission of the Court's intent | 8 | | to
destroy such records. The Local Records Commission, within | 9 | | 90 days after
receipt of the Supreme Court's notice, may | 10 | | undertake to photograph,
microphotograph, or digitize | 11 | | electronically any or all such records and
documents, or, in | 12 | | the
alternative, may transport such original records to the | 13 | | State Archives
or other storage location under its | 14 | | supervision.
| 15 | | The Archivist may accept for deposit in the State Archives | 16 | | or
regional depositories official papers, drawings, maps, | 17 | | writings and
records of every description of counties, | 18 | | municipal corporations,
political subdivisions and courts of | 19 | | this State, when such materials are
deemed by the Archivist to | 20 | | have sufficient historical or other value to
warrant their | 21 | | continued preservation by the State of Illinois.
| 22 | | The officer or clerk depositing such records may, upon | 23 | | request,
obtain from the Archivist, without charge, a | 24 | | certified copy or
reproduction of any specific record, paper | 25 | | or document when such record,
paper or document is required | 26 | | for public use.
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| | | SB3766 | - 3 - | LRB102 23310 AWJ 32476 b |
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| 1 | | (b) Upon request from a chief of police, county sheriff, | 2 | | or State's Attorney, if a person has been arrested for a | 3 | | criminal offense and an investigation reveals that the person | 4 | | arrested was not in fact the individual the arresting officer | 5 | | believed him or her to be, the law enforcement agency whose | 6 | | officers made the arrest shall delete or retract the arrest | 7 | | records of that person whom the investigation revealed as not | 8 | | the individual the arresting officer believed him or her to | 9 | | be. In this subsection (b): | 10 | | "Arrest records" are as described in Section 3b of | 11 | | this Act. | 12 | | "Law enforcement agency" means an agency of a unit of | 13 | | local government which is vested by law or ordinance with | 14 | | the duty to maintain public order
and to enforce criminal | 15 | | laws or ordinances. | 16 | | (Source: P.A. 98-1063, eff. 1-1-15; 99-363, eff. 1-1-16 .)
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