Full Text of HB4366 100th General Assembly
HB4366 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4366 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
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20 ILCS 2630/2.1 | from Ch. 38, par. 206-2.1 |
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Amends the Criminal Identification Act. Provides that the clerk of the circuit court of each county shall provide information for each charge judgments of guilty including the sentence
pronounced by the court with statutory citations to the relevant sentencing provision beginning January 1, 2019. Effective immediately.
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| | A BILL FOR |
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| 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 Criminal Identification Act is amended by | 5 | | changing Section 2.1 as follows:
| 6 | | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
| 7 | | Sec. 2.1. For the purpose of maintaining complete and | 8 | | accurate
criminal records of the Department of State Police, it | 9 | | is necessary for all
policing bodies of this State, the clerk | 10 | | of the circuit court, the Illinois
Department of Corrections, | 11 | | the sheriff of each county, and State's Attorney
of each county | 12 | | to submit certain criminal arrest, charge, and disposition
| 13 | | information to the Department for filing at the earliest time | 14 | | possible.
Unless otherwise noted herein, it shall be the duty | 15 | | of all policing bodies
of this State, the clerk of the circuit | 16 | | court, the Illinois Department of
Corrections, the sheriff of | 17 | | each county, and the State's Attorney of each
county to report | 18 | | such information as provided in this Section, both in the
form | 19 | | and manner required by the Department and within 30 days of the
| 20 | | criminal history event. Specifically:
| 21 | | (a) Arrest Information. All agencies making arrests | 22 | | for offenses which
are required by statute to be collected, | 23 | | maintained or disseminated by the
Department of State |
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| 1 | | Police shall be responsible
for furnishing daily to the | 2 | | Department fingerprints, charges and
descriptions of all | 3 | | persons who are arrested for such offenses. All such
| 4 | | agencies shall also notify the Department of all decisions | 5 | | by the arresting
agency not to refer
such arrests for | 6 | | prosecution. With approval of the Department, an agency
| 7 | | making such arrests may enter into
arrangements with other | 8 | | agencies for the purpose of furnishing daily such
| 9 | | fingerprints, charges and descriptions to the Department | 10 | | upon its behalf.
| 11 | | (b) Charge Information. The State's Attorney of each | 12 | | county shall notify
the Department of all charges filed and | 13 | | all petitions filed alleging that a
minor is delinquent, | 14 | | including all those added subsequent
to the filing of a | 15 | | case, and whether charges were not filed
in cases for which | 16 | | the Department has received information
required to be | 17 | | reported pursuant to paragraph (a) of this Section.
With | 18 | | approval of the Department, the State's Attorney may enter | 19 | | into
arrangements with other agencies for the
purpose of | 20 | | furnishing the information required by this subsection (b) | 21 | | to the
Department upon the State's Attorney's behalf.
| 22 | | (c) Disposition Information. The clerk of the circuit | 23 | | court of each county
shall furnish the Department, in the | 24 | | form and manner required by the Supreme
Court, with all | 25 | | final dispositions of cases for which the Department
has | 26 | | received information required to be reported pursuant to |
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| 1 | | paragraph (a)
or (d) of this Section. Such information | 2 | | shall include, for each charge,
all (1) judgments of not | 3 | | guilty, judgments of guilty including the sentence
| 4 | | pronounced by the court with statutory citations to the | 5 | | relevant sentencing provision beginning January 1, 2019 ,
| 6 | | findings that a minor is delinquent
and any sentence made | 7 | | based on those findings,
discharges and dismissals in the | 8 | | court; (2)
reviewing court orders filed with the clerk of | 9 | | the circuit court which
reverse or remand a reported | 10 | | conviction
or findings that a minor is delinquent
or that | 11 | | vacate or modify a sentence
or sentence made following a | 12 | | trial that a minor is
delinquent;
(3)
continuances to a | 13 | | date certain in furtherance of an order of supervision
| 14 | | granted under Section 5-6-1 of the Unified Code of | 15 | | Corrections or an order
of probation granted under Section | 16 | | 10 of the Cannabis Control Act, Section
410 of the Illinois | 17 | | Controlled Substances Act, Section 70 of the | 18 | | Methamphetamine Control and Community Protection Act, | 19 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | 20 | | the
Criminal Code of 1961 or the Criminal Code of 2012, | 21 | | Section 10-102 of the Illinois Alcoholism and
Other Drug | 22 | | Dependency Act, Section 40-10 of the Alcoholism and Other | 23 | | Drug
Abuse and Dependency Act, Section 10 of the Steroid | 24 | | Control Act, or
Section 5-615 of the Juvenile Court Act of | 25 | | 1987; and
(4) judgments or court orders terminating or | 26 | | revoking a sentence
to or juvenile disposition of |
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| 1 | | probation, supervision or conditional
discharge and any | 2 | | resentencing
or new court orders entered by a juvenile | 3 | | court relating to the disposition
of a minor's case | 4 | | involving delinquency
after such revocation.
| 5 | | (d) Fingerprints After Sentencing.
| 6 | | (1) After the court pronounces sentence,
sentences | 7 | | a minor following a trial in which a minor was found to | 8 | | be
delinquent
or issues an order of supervision or an | 9 | | order of probation granted under
Section 10 of the | 10 | | Cannabis Control Act, Section 410 of the Illinois
| 11 | | Controlled Substances Act, Section 70 of the | 12 | | Methamphetamine Control and Community Protection Act, | 13 | | Section 12-4.3 or subdivision (b)(1) of Section | 14 | | 12-3.05 of the Criminal Code of
1961 or the Criminal | 15 | | Code of 2012, Section 10-102 of the Illinois Alcoholism | 16 | | and Other Drug Dependency
Act, Section 40-10 of the | 17 | | Alcoholism and Other Drug Abuse and Dependency
Act, | 18 | | Section 10 of the Steroid Control Act, or Section
5-615 | 19 | | of
the Juvenile Court Act of 1987 for any offense which
| 20 | | is required by statute to be collected,
maintained, or | 21 | | disseminated by the Department of State Police, the | 22 | | State's
Attorney of each county shall ask the court to | 23 | | order a law enforcement
agency to fingerprint | 24 | | immediately all persons appearing before the court
who | 25 | | have not previously been fingerprinted for the same | 26 | | case. The court
shall so order the requested |
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| 1 | | fingerprinting, if it determines that any such
person | 2 | | has not previously been fingerprinted for the same | 3 | | case. The law
enforcement agency shall submit such | 4 | | fingerprints to the Department daily.
| 5 | | (2) After the court pronounces sentence or makes a | 6 | | disposition of a case
following a finding of | 7 | | delinquency for any offense which is not
required by | 8 | | statute to be collected, maintained, or disseminated | 9 | | by the
Department of State Police, the prosecuting | 10 | | attorney may ask the court to
order a law enforcement | 11 | | agency to fingerprint immediately all persons
| 12 | | appearing before the court who have not previously been | 13 | | fingerprinted for
the same case. The court may so order | 14 | | the requested fingerprinting, if it
determines that | 15 | | any so sentenced person has not previously been
| 16 | | fingerprinted for the same case. The law enforcement | 17 | | agency may retain
such fingerprints in its files.
| 18 | | (e) Corrections Information. The Illinois Department | 19 | | of Corrections and
the sheriff of each county shall furnish | 20 | | the Department with all information
concerning the | 21 | | receipt, escape, execution, death, release, pardon, | 22 | | parole,
commutation of sentence, granting of executive | 23 | | clemency or discharge of
an individual who has been | 24 | | sentenced or committed to the agency's custody
for any | 25 | | offenses
which are mandated by statute to be collected, | 26 | | maintained or disseminated
by the Department of State |
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| 1 | | Police. For an individual who has been charged
with any | 2 | | such offense and who escapes from custody or dies while in
| 3 | | custody, all information concerning the receipt and escape | 4 | | or death,
whichever is appropriate, shall also be so | 5 | | furnished to the Department.
| 6 | | (Source: P.A. 100-3, eff. 1-1-18 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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