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90_HB1433
SEE INDEX
Amends the Secretary of State Merit Employment Code, the
Civil Administrative Code of Illinois, the Criminal
Identification Act, the Illinois Uniform Conviction
Information Act, the School Code, the Illinois Vehicle Code,
and the Criminal Code of 1961. Provides that, in addition to
conviction information, the Illinois State Police may
disseminate the pending arrest information of certain
individuals when conducting background checks on those
individuals. Defines "pending arrest". Amends the Sexual
Assault Survivors Emergency Treatment Act. Permits evidence
and information concerning the alleged sexual assault of a
minor to be released at the request of the minor (now the
parent or legal guardian of the minor must sign for the
release of that evidence and information). Provides that
certain laboratory reports relating to an addicted minor for
a violation of State law relating to controlled substances
and cannabis is prima facie evidence of the content,
identity, and weight of the substance. Effective July 1,
1997.
LRB9002125MWpcA
LRB9002125MWpcA
1 AN ACT concerning law enforcement records and reports,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Secretary of State Merit Employment Code
6 is amended by changing Section 10b.1 as follows:
7 (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
8 Sec. 10b.1. (a) Competitive examinations. For open
9 competitive examinations to test the relative fitness of
10 applicants for the respective positions. Tests shall be
11 designed to eliminate those who are not qualified for
12 entrance into the Office of the Secretary of State and to
13 discover the relative fitness of those who are qualified.
14 The Director may use any one of or any combination of the
15 following examination methods which in his judgment best
16 serves this end: investigation of education and experience;
17 test of cultural knowledge; test of capacity; test of
18 knowledge; test of manual skill; test of linguistic ability;
19 test of character; test of physical skill; test of
20 psychological fitness. No person with a record of
21 misdemeanor convictions except those under Sections 11-6,
22 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
23 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
24 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
25 sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code
26 of 1961, or arrested for any cause but not convicted thereon
27 shall be disqualified from taking such examinations or
28 subsequent appointment unless the person is attempting to
29 qualify for a position which would give him the powers of a
30 peace officer, in which case the person's conviction or
31 arrest record may be considered as a factor in determining
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1 the person's fitness for the position. All examinations
2 shall be announced publicly at least 2 weeks in advance of
3 the date of examinations and may be advertised through the
4 press, radio or other media.
5 The Director may, at his discretion, accept the results
6 of competitive examinations conducted by any merit system
7 established by Federal law or by the law of any State, and
8 may compile eligible lists therefrom or may add the names of
9 successful candidates in examinations conducted by those
10 merit systems to existing eligible lists in accordance with
11 their respective ratings. No person who is a non-resident of
12 the State of Illinois may be appointed from those eligible
13 lists, however, unless the requirement that applicants be
14 residents of the State of Illinois is waived by the Director
15 of Personnel and unless there are less than 3 Illinois
16 residents available for appointment from the appropriate
17 eligible list. The results of the examinations conducted by
18 other merit systems may not be used unless they are
19 comparable in difficulty and comprehensiveness to
20 examinations conducted by the Department of Personnel for
21 similar positions. Special linguistic options may also be
22 established where deemed appropriate.
23 (b) The Director of Personnel may require that each
24 person seeking employment with the Secretary of State, as
25 part of the application process, authorize an investigation
26 to determine if the applicant has ever been convicted of a
27 crime and if so, the disposition of those convictions; this
28 authorization shall indicate the scope of the inquiry and the
29 agencies which may be contacted. Upon this authorization,
30 the Director of Personnel may request and receive information
31 and assistance from any federal, State or local governmental
32 agency as part of the authorized investigation. The
33 Department of State Police shall provide information
34 concerning any criminal convictions, and their disposition,
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1 and pending arrests (as defined in Section 2-23 of the
2 Criminal Code of 1961) brought against the applicant or
3 prospective employee of the Secretary of State upon request
4 of the Department of Personnel when the request is made in
5 the form and manner required by the Department of State
6 Police. The information derived from this investigation,
7 including the source of this information, and any conclusions
8 or recommendations derived from this information by the
9 Director of Personnel shall be provided to the applicant or
10 prospective employee, or his designee, upon request to the
11 Director of Personnel prior to any final action by the
12 Director of Personnel on the application. No information
13 obtained from such investigation may be placed in any
14 automated information system. Any information concerning
15 criminal convictions, and their disposition, and pending
16 arrests information obtained by the Director of Personnel
17 shall be confidential and may not be transmitted outside the
18 Office of the Secretary of State, except as required herein,
19 and may not be transmitted to anyone within the Office of the
20 Secretary of State except as needed for the purpose of
21 evaluating the application. The only physical identity
22 materials which the applicant or prospective employee can be
23 required to provide the Director of Personnel are photographs
24 or fingerprints; these shall be returned to the applicant or
25 prospective employee upon request to the Director of
26 Personnel, after the investigation has been completed and no
27 copy of these materials may be kept by the Director of
28 Personnel or any agency to which such identity materials were
29 transmitted. Only information and standards which bear a
30 reasonable and rational relation to the performance of an
31 employee shall be used by the Director of Personnel. The
32 Secretary of State shall adopt rules and regulations for the
33 administration of this Section. Any employee of the
34 Secretary of State who gives or causes to be given away any
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1 confidential information concerning any criminal convictions,
2 and their disposition, or pending arrests of an applicant or
3 prospective employee shall be guilty of a Class A misdemeanor
4 unless release of such information is authorized by this
5 Section.
6 (Source: P.A. 84-25.)
7 Section 10. The Civil Administrative Code of Illinois is
8 amended by changing Section 55a as follows:
9 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
10 Sec. 55a. (A) The Department of State Police shall have
11 the following powers and duties, and those set forth in
12 Sections 55a-1 through 55c:
13 1. To exercise the rights, powers and duties which have
14 been vested in the Department of Public Safety by the State
15 Police Act.
16 2. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Radio Act.
19 3. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the
21 Criminal Identification Act.
22 4. To (a) investigate the origins, activities, personnel
23 and incidents of crime and the ways and means to redress the
24 victims of crimes, and study the impact, if any, of
25 legislation relative to the effusion of crime and growing
26 crime rates, and enforce the criminal laws of this State
27 related thereto, (b) enforce all laws regulating the
28 production, sale, prescribing, manufacturing, administering,
29 transporting, having in possession, dispensing, delivering,
30 distributing, or use of controlled substances and cannabis,
31 (c) employ skilled experts, scientists, technicians,
32 investigators or otherwise specially qualified persons to aid
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1 in preventing or detecting crime, apprehending criminals, or
2 preparing and presenting evidence of violations of the
3 criminal laws of the State, (d) cooperate with the police of
4 cities, villages and incorporated towns, and with the police
5 officers of any county, in enforcing the laws of the State
6 and in making arrests and recovering property, (e) apprehend
7 and deliver up any person charged in this State or any other
8 State of the United States with treason, felony, or other
9 crime, who has fled from justice and is found in this State,
10 and (f) conduct such other investigations as may be provided
11 by law. Persons exercising these powers within the Department
12 are conservators of the peace and as such have all the powers
13 possessed by policemen in cities and sheriffs, except that
14 they may exercise such powers anywhere in the State in
15 cooperation with and after contact with the local law
16 enforcement officials. Such persons may use false or
17 fictitious names in the performance of their duties under
18 this paragraph, upon approval of the Director, and shall not
19 be subject to prosecution under the criminal laws for such
20 use.
21 5. To: (a) be a central repository and custodian of
22 criminal statistics for the State, (b) be a central
23 repository for criminal history record information, (c)
24 procure and file for record such information as is necessary
25 and helpful to plan programs of crime prevention, law
26 enforcement and criminal justice, (d) procure and file for
27 record such copies of fingerprints, as may be required by
28 law, (e) establish general and field crime laboratories, (f)
29 register and file for record such information as may be
30 required by law for the issuance of firearm owner's
31 identification cards, (g) employ polygraph operators,
32 laboratory technicians and other specially qualified persons
33 to aid in the identification of criminal activity, and (h)
34 undertake such other identification, information, laboratory,
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1 statistical or registration activities as may be required by
2 law.
3 6. To (a) acquire and operate one or more radio
4 broadcasting stations in the State to be used for police
5 purposes, (b) operate a statewide communications network to
6 gather and disseminate information for law enforcement
7 agencies, (c) operate an electronic data processing and
8 computer center for the storage and retrieval of data
9 pertaining to criminal activity, and (d) undertake such other
10 communication activities as may be required by law.
11 7. To provide, as may be required by law, assistance to
12 local law enforcement agencies through (a) training,
13 management and consultant services for local law enforcement
14 agencies, and (b) the pursuit of research and the publication
15 of studies pertaining to local law enforcement activities.
16 8. To exercise the rights, powers and duties which have
17 been vested in the Department of State Police and the
18 Director of the Department of State Police by the Narcotic
19 Control Division Abolition Act.
20 9. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the
22 Illinois Vehicle Code.
23 10. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the Firearm
25 Owners Identification Card Act.
26 11. To enforce and administer such other laws in
27 relation to law enforcement as may be vested in the
28 Department.
29 12. To transfer jurisdiction of any realty title to
30 which is held by the State of Illinois under the control of
31 the Department to any other department of the State
32 government or to the State Employees Housing Commission, or
33 to acquire or accept Federal land, when such transfer,
34 acquisition or acceptance is advantageous to the State and is
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1 approved in writing by the Governor.
2 13. With the written approval of the Governor, to enter
3 into agreements with other departments created by this Act,
4 for the furlough of inmates of the penitentiary to such other
5 departments for their use in research programs being
6 conducted by them.
7 For the purpose of participating in such research
8 projects, the Department may extend the limits of any
9 inmate's place of confinement, when there is reasonable cause
10 to believe that the inmate will honor his or her trust by
11 authorizing the inmate, under prescribed conditions, to leave
12 the confines of the place unaccompanied by a custodial agent
13 of the Department. The Department shall make rules governing
14 the transfer of the inmate to the requesting other department
15 having the approved research project, and the return of such
16 inmate to the unextended confines of the penitentiary. Such
17 transfer shall be made only with the consent of the inmate.
18 The willful failure of a prisoner to remain within the
19 extended limits of his or her confinement or to return within
20 the time or manner prescribed to the place of confinement
21 designated by the Department in granting such extension shall
22 be deemed an escape from custody of the Department and
23 punishable as provided in Section 3-6-4 of the Unified Code
24 of Corrections.
25 14. To provide investigative services, with all of the
26 powers possessed by policemen in cities and sheriffs, in and
27 around all race tracks subject to the Horse Racing Act of
28 1975.
29 15. To expend such sums as the Director deems necessary
30 from Contractual Services appropriations for the Division of
31 Criminal Investigation for the purchase of evidence and for
32 the employment of persons to obtain evidence. Such sums shall
33 be advanced to agents authorized by the Director to expend
34 funds, on vouchers signed by the Director.
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1 16. To assist victims and witnesses in gang crime
2 prosecutions through the administration of funds appropriated
3 from the Gang Violence Victims and Witnesses Fund to the
4 Department. Such funds shall be appropriated to the
5 Department and shall only be used to assist victims and
6 witnesses in gang crime prosecutions and such assistance may
7 include any of the following:
8 (a) temporary living costs;
9 (b) moving expenses;
10 (c) closing costs on the sale of private residence;
11 (d) first month's rent;
12 (e) security deposits;
13 (f) apartment location assistance;
14 (g) other expenses which the Department considers
15 appropriate; and
16 (h) compensation for any loss of or injury to real
17 or personal property resulting from a gang crime to a
18 maximum of $5,000, subject to the following provisions:
19 (1) in the case of loss of property, the
20 amount of compensation shall be measured by the
21 replacement cost of similar or like property which
22 has been incurred by and which is substantiated by
23 the property owner,
24 (2) in the case of injury to property, the
25 amount of compensation shall be measured by the cost
26 of repair incurred and which can be substantiated by
27 the property owner,
28 (3) compensation under this provision is a
29 secondary source of compensation and shall be
30 reduced by any amount the property owner receives
31 from any other source as compensation for the loss
32 or injury, including, but not limited to, personal
33 insurance coverage,
34 (4) no compensation may be awarded if the
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1 property owner was an offender or an accomplice of
2 the offender, or if the award would unjustly benefit
3 the offender or offenders, or an accomplice of the
4 offender or offenders.
5 No victim or witness may receive such assistance if he or
6 she is not a part of or fails to fully cooperate in the
7 prosecution of gang crime members by law enforcement
8 authorities.
9 The Department shall promulgate any rules necessary for
10 the implementation of this amendatory Act of 1985.
11 17. To conduct arson investigations.
12 18. To develop a separate statewide statistical police
13 contact record keeping system for the study of juvenile
14 delinquency. The records of this police contact system shall
15 be limited to statistical information. No individually
16 identifiable information shall be maintained in the police
17 contact statistical record system.
18 19. To develop a separate statewide central adjudicatory
19 and dispositional records system for persons under 19 years
20 of age who have been adjudicated delinquent minors and to
21 make information available to local registered participating
22 police youth officers so that police youth officers will be
23 able to obtain rapid access to the juvenile's background from
24 other jurisdictions to the end that the police youth officers
25 can make appropriate dispositions which will best serve the
26 interest of the child and the community. Information
27 maintained in the adjudicatory and dispositional record
28 system shall be limited to the incidents or offenses for
29 which the minor was adjudicated delinquent by a court, and a
30 copy of the court's dispositional order. All individually
31 identifiable records in the adjudicatory and dispositional
32 records system shall be destroyed when the person reaches 19
33 years of age.
34 20. To develop rules which guarantee the confidentiality
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1 of such individually identifiable adjudicatory and
2 dispositional records except when used for the following:
3 (a) by authorized juvenile court personnel or the
4 State's Attorney in connection with proceedings under the
5 Juvenile Court Act of 1987; or
6 (b) inquiries from registered police youth
7 officers.
8 For the purposes of this Act "police youth officer" means
9 a member of a duly organized State, county or municipal
10 police force who is assigned by his or her Superintendent,
11 Sheriff or chief of police, as the case may be, to specialize
12 in youth problems.
13 21. To develop administrative rules and administrative
14 hearing procedures which allow a minor, his or her attorney,
15 and his or her parents or guardian access to individually
16 identifiable adjudicatory and dispositional records for the
17 purpose of determining or challenging the accuracy of the
18 records. Final administrative decisions shall be subject to
19 the provisions of the Administrative Review Law.
20 22. To charge, collect, and receive fees or moneys
21 equivalent to the cost of providing Department of State
22 Police personnel, equipment, and services to local
23 governmental agencies when explicitly requested by a local
24 governmental agency and pursuant to an intergovernmental
25 agreement as provided by this Section, other State agencies,
26 and federal agencies, including but not limited to fees or
27 moneys equivalent to the cost of providing dispatching
28 services, radio and radar repair, and training to local
29 governmental agencies on such terms and conditions as in the
30 judgment of the Director are in the best interest of the
31 State; and to establish, charge, collect and receive fees or
32 moneys based on the cost of providing responses to requests
33 for criminal history record information pursuant to positive
34 identification and any Illinois or federal law authorizing
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1 access to some aspect of such information and to prescribe
2 the form and manner for requesting and furnishing such
3 information to the requestor on such terms and conditions as
4 in the judgment of the Director are in the best interest of
5 the State, provided fees for requesting and furnishing
6 criminal history record information may be waived for
7 requests in the due administration of the criminal laws. The
8 Department may also charge, collect and receive fees or
9 moneys equivalent to the cost of providing electronic data
10 processing lines or related telecommunication services to
11 local governments, but only when such services can be
12 provided by the Department at a cost less than that
13 experienced by said local governments through other means.
14 All services provided by the Department shall be conducted
15 pursuant to contracts in accordance with the
16 Intergovernmental Cooperation Act, and all telecommunication
17 services shall be provided pursuant to the provisions of
18 Section 67.18 of this Code.
19 All fees received by the Department of State Police under
20 this Act or the Illinois Uniform Conviction Information Act
21 shall be deposited in a special fund in the State Treasury to
22 be known as the State Police Services Fund. The money
23 deposited in the State Police Services Fund shall be
24 appropriated to the Department of State Police for expenses
25 of the Department of State Police.
26 In addition to any other permitted use of moneys in the
27 Fund, and notwithstanding any restriction on the use of the
28 Fund, moneys in the State Police Services Fund may be
29 transferred to the General Revenue Fund as authorized by this
30 amendatory Act of 1992. The General Assembly finds that an
31 excess of moneys exists in the Fund. On February 1, 1992,
32 the Comptroller shall order transferred and the Treasurer
33 shall transfer $500,000 (or such lesser amount as may be on
34 deposit in the Fund and unexpended and unobligated on that
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1 date) from the Fund to the General Revenue Fund.
2 Upon the completion of any audit of the Department of
3 State Police as prescribed by the Illinois State Auditing
4 Act, which audit includes an audit of the State Police
5 Services Fund, the Department of State Police shall make the
6 audit open to inspection by any interested person.
7 23. To exercise the powers and perform the duties which
8 have been vested in the Department of State Police by the
9 Intergovernmental Missing Child Recovery Act of 1984, and to
10 establish reasonable rules and regulations necessitated
11 thereby.
12 24. (a) To establish and maintain a statewide Law
13 Enforcement Agencies Data System (LEADS) for the purpose of
14 effecting an immediate law enforcement response to reports of
15 missing persons, including lost, missing or runaway minors.
16 The Department shall implement an automatic data exchange
17 system to compile, to maintain and to make available to other
18 law enforcement agencies for immediate dissemination data
19 which can assist appropriate agencies in recovering missing
20 persons.
21 (b) In exercising its duties under this subsection, the
22 Department shall:
23 (1) provide a uniform reporting format for the
24 entry of pertinent information regarding the report of a
25 missing person into LEADS;
26 (2) develop and implement a policy whereby a
27 statewide or regional alert would be used in situations
28 relating to the disappearances of individuals, based on
29 criteria and in a format established by the Department.
30 Such a format shall include, but not be limited to, the
31 age of the missing person and the suspected circumstance
32 of the disappearance;
33 (3) notify all law enforcement agencies that
34 reports of missing persons shall be entered as soon as
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1 the minimum level of data specified by the Department is
2 available to the reporting agency, and that no waiting
3 period for the entry of such data exists;
4 (4) compile and retain information regarding lost,
5 abducted, missing or runaway minors in a separate data
6 file, in a manner that allows such information to be used
7 by law enforcement and other agencies deemed appropriate
8 by the Director, for investigative purposes. Such
9 information shall include the disposition of all reported
10 lost, abducted, missing or runaway minor cases;
11 (5) compile and maintain an historic data
12 repository relating to lost, abducted, missing or runaway
13 minors and other missing persons in order to develop and
14 improve techniques utilized by law enforcement agencies
15 when responding to reports of missing persons; and
16 (6) create a quality control program regarding
17 confirmation of missing person data, timeliness of
18 entries of missing person reports into LEADS and
19 performance audits of all entering agencies.
20 25. On request of a school board or regional
21 superintendent of schools, to conduct an inquiry pursuant to
22 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
23 an applicant for employment in a school district has been
24 convicted of any criminal or drug offenses enumerated in
25 Section 10-21.9 or 34-18.5 of the School Code. The
26 Department shall furnish such conviction information to the
27 President of the school board of the school district which
28 has requested the information, or if the information was
29 requested by the regional superintendent to that regional
30 superintendent.
31 26. To promulgate rules and regulations necessary for
32 the administration and enforcement of its powers and duties,
33 wherever granted and imposed, pursuant to the Illinois
34 Administrative Procedure Act.
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1 27. To (a) promulgate rules pertaining to the
2 certification, revocation of certification and training of
3 law enforcement officers as electronic criminal surveillance
4 officers, (b) provide training and technical assistance to
5 State's Attorneys and local law enforcement agencies
6 pertaining to the interception of private oral
7 communications, (c) promulgate rules necessary for the
8 administration of Article 108B of the Code of Criminal
9 Procedure of 1963, including but not limited to standards for
10 recording and minimization of electronic criminal
11 surveillance intercepts, documentation required to be
12 maintained during an intercept, procedures in relation to
13 evidence developed by an intercept, and (d) charge a
14 reasonable fee to each law enforcement agency that sends
15 officers to receive training as electronic criminal
16 surveillance officers.
17 28. Upon the request of any private organization which
18 devotes a major portion of its time to the provision of
19 recreational, social, educational or child safety services to
20 children, to conduct, pursuant to positive identification,
21 criminal background investigations of all of that
22 organization's current employees, current volunteers,
23 prospective employees or prospective volunteers charged with
24 the care and custody of children during the provision of the
25 organization's services, and to report to the requesting
26 organization any record of convictions and pending arrests
27 (as defined in Section 2-23 of the Criminal Code of 1961)
28 maintained in the Department's files about such persons. The
29 Department shall charge an application fee, based on actual
30 costs, for the dissemination of conviction information
31 pursuant to this subsection. The Department is empowered to
32 establish this fee and shall prescribe the form and manner
33 for requesting and furnishing conviction and pending arrest
34 information pursuant to this subsection. Information received
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1 by the organization from the Department concerning an
2 individual shall be provided to such individual. Any such
3 information obtained by the organization shall be
4 confidential and may not be transmitted outside the
5 organization and may not be transmitted to anyone within the
6 organization except as needed for the purpose of evaluating
7 the individual. Only information and standards which bear a
8 reasonable and rational relation to the performance of child
9 care shall be used by the organization. Any employee of the
10 Department or any member, employee or volunteer of the
11 organization receiving confidential information under this
12 subsection who gives or causes to be given any confidential
13 information concerning any criminal convictions or pending
14 arrests of an individual shall be guilty of a Class A
15 misdemeanor unless release of such information is authorized
16 by this subsection.
17 29. Upon the request of the Department of Children and
18 Family Services, to investigate reports of child abuse or
19 neglect.
20 30. To obtain registration of a fictitious vital record
21 pursuant to Section 15.1 of the Vital Records Act.
22 31. To collect and disseminate information relating to
23 "hate crimes" as defined under Section 12-7.1 of the Criminal
24 Code of 1961 contingent upon the availability of State or
25 Federal funds to revise and upgrade the Illinois Uniform
26 Crime Reporting System. All law enforcement agencies shall
27 report monthly to the Department of State Police concerning
28 such offenses in such form and in such manner as may be
29 prescribed by rules and regulations adopted by the Department
30 of State Police. Such information shall be compiled by the
31 Department and be disseminated upon request to any local law
32 enforcement agency, unit of local government, or state
33 agency. Dissemination of such information shall be subject
34 to all confidentiality requirements otherwise imposed by law.
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1 The Department of State Police shall provide training for
2 State Police officers in identifying, responding to, and
3 reporting all hate crimes. The Illinois Local Governmental
4 Law Enforcement Officer's Training Board shall develop and
5 certify a course of such training to be made available to
6 local law enforcement officers.
7 32. Upon the request of a private carrier company that
8 provides transportation under Section 28b of the Metropolitan
9 Transit Authority Act, to ascertain if an applicant for a
10 driver position has been convicted of, or has any pending
11 arrest (as defined in Section 2-23 of the Criminal Code of
12 1961) for, any criminal or drug offense enumerated in Section
13 28b of the Metropolitan Transit Authority Act. The
14 Department shall furnish the conviction and pending arrest
15 information to the private carrier company that requested the
16 information.
17 33. To apply for grants or contracts, receive, expend,
18 allocate, or disburse funds and moneys made available by
19 public or private entities, including, but not limited to,
20 contracts, bequests, grants, or receiving equipment from
21 corporations, foundations, or public or private institutions
22 of higher learning. All funds received by the Department
23 from these sources shall be deposited into the appropriate
24 fund in the State Treasury to be appropriated to the
25 Department for purposes as indicated by the grantor or
26 contractor or, in the case of funds or moneys bequeathed or
27 granted for no specific purpose, for any purpose as deemed
28 appropriate by the Director in administering the
29 responsibilities of the Department.
30 34. Upon the request of the Department of Children and
31 Family Services, the Department of State Police shall provide
32 properly designated employees of the Department of Children
33 and Family Services with criminal history record information
34 as defined in the Illinois Uniform Conviction Information Act
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1 and information maintained in the adjudicatory and
2 dispositional record system as defined in subdivision (A)19
3 of this Section if the Department of Children and Family
4 Services determines the information is necessary to perform
5 its duties under the Abused and Neglected Child Reporting
6 Act, the Child Care Act of 1969, and the Children and Family
7 Services Act. The request shall be in the form and manner
8 specified by the Department of State Police.
9 (B) The Department of State Police may establish and
10 maintain, within the Department of State Police, a Statewide
11 Organized Criminal Gang Database (SWORD) for the purpose of
12 tracking organized criminal gangs and their memberships.
13 Information in the database may include, but not be limited
14 to, the name, last known address, birth date, physical
15 descriptions (such as scars, marks, or tattoos), officer
16 safety information, organized gang affiliation, and entering
17 agency identifier. The Department may develop, in
18 consultation with the Criminal Justice Information Authority,
19 and in a form and manner prescribed by the Department, an
20 automated data exchange system to compile, to maintain, and
21 to make this information electronically available to
22 prosecutors and to other law enforcement agencies. The
23 information may be used by authorized agencies to combat the
24 operations of organized criminal gangs statewide.
25 (C) The Department of State Police may ascertain the
26 number of bilingual police officers and other personnel
27 needed to provide services in a language other than English
28 and may establish, under applicable personnel rules and
29 Department guidelines or through a collective bargaining
30 agreement, a bilingual pay supplement program.
31 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
32 Section 15. The Criminal Identification Act is amended
33 by changing Sections 3 and 3.1 as follows:
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1 (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
2 Sec. 3. (A) The Department shall file or cause to be
3 filed all plates, photographs, outline pictures,
4 measurements, descriptions and information which shall be
5 received by it by virtue of its office and shall make a
6 complete and systematic record and index of the same,
7 providing thereby a method of convenient reference and
8 comparison. The Department shall furnish, upon application,
9 all information pertaining to the identification of any
10 person or persons, a plate, photograph, outline picture,
11 description, measurements, or any data of which there is a
12 record in its office. Such information shall be furnished to
13 peace officers of the United States, of other states or
14 territories, of the Insular possessions of the United States,
15 of foreign countries duly authorized to receive the same, to
16 all peace officers of the State of Illinois, to investigators
17 of the Illinois Law Enforcement Training Standards Board and,
18 conviction and pending arrest (as defined in Section 2-23 of
19 the Criminal Code of 1961) information only, to units of
20 local government, school districts and private organizations,
21 under the provisions of Section 55a of the Civil
22 Administrative Code of Illinois. Applications shall be in
23 writing and accompanied by a certificate, signed by the peace
24 officer or chief administrative officer or his designee
25 making such application, to the effect that the information
26 applied for is necessary in the interest of and will be used
27 solely in the due administration of the criminal laws or for
28 the purpose of evaluating the qualifications and character of
29 employees or prospective employees of units of local
30 government and school districts and of employees, prospective
31 employees, volunteers or prospective volunteers of such
32 private organizations.
33 For the purposes of this subsection, "chief
34 administrative officer" is defined as follows:
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1 a) The city manager of a city or, if a city does
2 not employ a city manager, the mayor of the city.
3 b) The manager of a village or, if a village does
4 not employ a manager, the president of the village.
5 c) The chairman or president of a county board or,
6 if a county has adopted the county executive form of
7 government, the chief executive officer of the county.
8 d) The president of the school board of a school
9 district.
10 e) The supervisor of a township.
11 f) The official granted general administrative
12 control of a special district, an authority, or
13 organization of government establishment by law which may
14 issue obligations and which either may levy a property
15 tax or may expend funds of the district, authority, or
16 organization independently of any parent unit of
17 government.
18 g) The executive officer granted general
19 administrative control of a private organization defined
20 in subsection 27 of Section 55a of the Civil
21 Administrative Code of Illinois.
22 (B) Upon written application and payment of fees
23 authorized by this subsection, State agencies and units of
24 local government, not including school districts, are
25 authorized to submit fingerprints of employees, prospective
26 employees and license applicants to the Department for the
27 purpose of obtaining conviction information maintained by the
28 Department and the Federal Bureau of Investigation about such
29 persons. The Department shall submit such fingerprints to
30 the Federal Bureau of Investigation on behalf of such
31 agencies and units of local government. The Department shall
32 charge an application fee, based on actual costs, for the
33 dissemination of conviction information pursuant to this
34 subsection. The Department is empowered to establish this
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1 fee and shall prescribe the form and manner for requesting
2 and furnishing conviction information pursuant to this
3 subsection.
4 (C) Upon payment of fees authorized by this subsection,
5 the Department shall furnish to the commanding officer of a
6 military installation in Illinois having an arms storage
7 facility, upon written request of such commanding officer or
8 his designee, and in the form and manner prescribed by the
9 Department, all criminal history record information
10 pertaining to any individual seeking access to such a storage
11 facility, where such information is sought pursuant to a
12 federally-mandated security or criminal history check.
13 The Department shall establish and charge a fee, not to
14 exceed actual costs, for providing information pursuant to
15 this subsection.
16 (Source: P.A. 88-461; 88-586, eff. 8-12-94.)
17 (20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
18 Sec. 3.1. (a) The Department may furnish, pursuant to
19 positive identification, records of convictions and pending
20 arrests (as defined in Section 2-23 of the Criminal Code of
21 1961) to the Department of Professional Regulation for the
22 purpose of meeting registration or licensure requirements
23 under the Private Detective, Private Alarm, and Private
24 Security Act of 1983.
25 (b) The Department may furnish, pursuant to positive
26 identification, records of convictions and pending arrests
27 (as defined in Section 2-23 of the Criminal Code of 1961) to
28 policing bodies of this State for the purpose of assisting
29 local liquor control commissioners in carrying out their duty
30 to refuse to issue licenses to persons specified in
31 paragraphs (4), (5) and (6) of Section 6-2 of the Liquor
32 Control Act of 1934.
33 (c) The Department shall charge an application fee,
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1 based on actual costs, for the dissemination of records
2 pursuant to this Section. Fees received for the
3 dissemination of records pursuant to this Section shall be
4 deposited in the State Police Services Fund. The Department
5 is empowered to establish this fee and to prescribe the form
6 and manner for requesting and furnishing conviction and
7 pending arrest information pursuant to this Section.
8 (d) Any dissemination of any information obtained
9 pursuant to this Section to any person not specifically
10 authorized hereby to receive or use it for the purpose for
11 which it was disseminated shall constitute a violation of
12 Section 7.
13 (Source: P.A. 85-1440.)
14 Section 20. The Illinois Uniform Conviction Information
15 Act is amended by changing Sections 2, 3, 4, 5, 6, 7, 8, 9,
16 10, 12, 13, 14, 15, 17, 18, 20, and 23 as follows:
17 (20 ILCS 2635/2) (from Ch. 38, par. 1602)
18 Sec. 2. Legislative Findings and Purposes. (A) The
19 legislature finds and hereby declares that conviction and
20 pending arrest information maintained by the Illinois
21 Department of State Police shall be publicly available in the
22 State of Illinois.
23 (B) The purpose of this Act is: (1) to establish uniform
24 policy for gaining access to and disseminating conviction and
25 pending arrest information maintained by the State of
26 Illinois; (2) to establish guidelines and priorities which
27 fully support effective law enforcement and ongoing criminal
28 investigations and which ensure that conviction and pending
29 arrest information is made accessible within appropriate time
30 frames; (3) to ensure the accuracy and completeness of
31 conviction and pending arrest information in the State of
32 Illinois; and (4) to establish procedures for effectively
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1 correcting errors and providing individuals with redress of
2 grievances in the event that inaccurate or incomplete
3 information may be disseminated about them.
4 (Source: P.A. 85-922.)
5 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
6 Sec. 3. Definitions. Whenever used in this Act, and for
7 the purposes of this Act, unless the context clearly
8 indicates otherwise:
9 (A) "Accurate" means factually correct, containing no
10 mistake or error of a material nature.
11 (B) The phrase "administer the criminal laws" includes
12 any of the following activities: intelligence gathering,
13 surveillance, criminal investigation, crime detection and
14 prevention (including research), apprehension, detention,
15 pretrial or post-trial release, prosecution, the correctional
16 supervision or rehabilitation of accused persons or criminal
17 offenders, criminal identification activities, or the
18 collection, maintenance or dissemination of criminal history
19 record information.
20 (C) "The Authority" means the Illinois Criminal Justice
21 Information Authority.
22 (D) "Automated" means the utilization of computers,
23 telecommunication lines, or other automatic data processing
24 equipment for data collection or storage, analysis,
25 processing, preservation, maintenance, dissemination, or
26 display and is distinguished from a system in which such
27 activities are performed manually.
28 (E) "Complete" means accurately reflecting all the
29 criminal history record information about an individual that
30 is required to be reported to the Department pursuant to
31 Section 2.1 of the Criminal Identification Act.
32 (F) "Conviction information" means data reflecting a
33 judgment of guilt or nolo contendere. The term includes all
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1 prior and subsequent criminal history events directly
2 relating to such judgments, such as, but not limited to: (1)
3 the notation of arrest; (2) the notation of charges filed;
4 (3) the sentence imposed; (4) the fine imposed; and (5) all
5 related probation, parole, and release information.
6 Information ceases to be "conviction information" when a
7 judgment of guilt is reversed or vacated.
8 For purposes of this Act, continuances to a date certain
9 in furtherance of an order of supervision granted under
10 Section 5-6-1 of the Unified Code of Corrections or an order
11 of probation granted under either Section 10 of the Cannabis
12 Control Act, Section 410 of the Illinois Controlled
13 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
14 Section 10-102 of the Illinois Alcoholism and Other Drug
15 Dependency Act, Section 40-10 of the Alcoholism and Other
16 Drug Abuse and Dependency Act, or Section 10 of the Steroid
17 Control Act shall not be deemed "conviction information".
18 (G) "Criminal history record information" means data
19 identifiable to an individual and consisting of descriptions
20 or notations of arrests, detentions, indictments,
21 informations, pretrial proceedings, trials, or other formal
22 events in the criminal justice system or descriptions or
23 notations of criminal charges (including criminal violations
24 of local municipal ordinances) and the nature of any
25 disposition arising therefrom, including sentencing, court or
26 correctional supervision, rehabilitation and release. The
27 term does not apply to statistical records and reports in
28 which individual are not identified and from which their
29 identities are not ascertainable, or to information that is
30 for criminal investigative or intelligence purposes.
31 (H) "Criminal justice agency" means (1) a government
32 agency or any subunit thereof which is authorized to
33 administer the criminal laws and which allocates a
34 substantial part of its annual budget for that purpose, or
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1 (2) an agency supported by public funds which is authorized
2 as its principal function to administer the criminal laws and
3 which is officially designated by the Department as a
4 criminal justice agency for purposes of this Act.
5 (I) "The Department" means the Illinois Department of
6 State Police.
7 (J) "Director" means the Director of the Illinois
8 Department of State Police.
9 (K) "Disseminate" means to disclose or transmit
10 conviction and pending arrest information in any form, oral,
11 written, or otherwise.
12 (L) "Exigency" means pending danger or the threat of
13 pending danger to an individual or property.
14 (M) "Non-criminal justice agency" means a State agency,
15 Federal agency, or unit of local government that is not a
16 criminal justice agency. The term does not refer to private
17 individuals, corporations, or non-governmental agencies or
18 organizations.
19 (M-5) "Request" means the submission to the Department,
20 in the form and manner required, the necessary data elements
21 or fingerprints, or both, to allow the Department to initiate
22 a search of its criminal history record information files.
23 (N) "Requester" means any private individual,
24 corporation, organization, employer, employment agency, labor
25 organization, or non-criminal justice agency that has made a
26 request pursuant to this Act to obtain conviction information
27 maintained in the files of the Department of State Police
28 regarding a particular individual.
29 (O) "Statistical information" means data from which the
30 identity of an individual cannot be ascertained,
31 reconstructed, or verified and to which the identity of an
32 individual cannot be linked by the recipient of the
33 information.
34 (P) "Pending arrest" is any arrest that has been
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1 reported to the Illinois State Police within 2 years after
2 the date of arrest where no disposition has been reported.
3 (Source: P.A. 88-368; 88-670, eff. 12-2-94.)
4 (20 ILCS 2635/4) (from Ch. 38, par. 1604)
5 Sec. 4. Applicability.
6 (A) The provisions of this Act shall apply only to
7 conviction and pending arrest information mandated by statute
8 to be reported to or to be collected, maintained, or
9 disseminated by the Department of State Police.
10 (B) The provisions of this Act shall not apply to
11 statistical information.
12 (C) In the event of conflict between the application of
13 this Act and the statutes listed in paragraphs (1), (2), (3),
14 (4), or (5) below, the statutes listed below, as hereafter
15 amended, shall control unless specified otherwise:
16 (1) The Juvenile Court Act of 1987; or
17 (2) Section 5-3-4 of the Unified Code of
18 Corrections; or
19 (3) Paragraph (4) of Section 12 of the Probation
20 and Probation Officers Act; or
21 (4) Section 2.1 of the Criminal Identification Act;
22 or
23 (5) The Pretrial Services Act.
24 (Source: P.A. 89-198, eff. 7-21-95; 89-626, eff. 8-9-96.)
25 (20 ILCS 2635/5) (from Ch. 38, par. 1605)
26 Sec. 5. Public Availability of Conviction and Pending
27 Arrest Information. All conviction and pending arrest
28 information mandated by statute to be collected and
29 maintained by the Department of State Police shall be open to
30 public inspection in the State of Illinois. All persons,
31 state agencies and units of local government shall have
32 access to inspect, examine and reproduce such information, in
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1 accordance with this Act, and shall have the right to take
2 memoranda and abstracts concerning such information, except
3 to the extent that the provisions of this Act or other
4 Illinois statutes might create specific restrictions on the
5 use or disclosure of such information.
6 (Source: P.A. 85-922.)
7 (20 ILCS 2635/6) (from Ch. 38, par. 1606)
8 Sec. 6. Dissemination Time Frames and Priorities. (A)
9 The Department's duty and obligation to furnish criminal
10 history record information to peace officers and criminal
11 justice agencies shall take precedence over any requirement
12 of this Act to furnish conviction and pending arrest
13 information to non-criminal justice agencies or to the
14 public. When, in the judgment of the Director, such duties
15 and obligations are being fulfilled in a timely manner, the
16 Department shall furnish conviction and pending arrest
17 information to requesters in accordance with the provisions
18 of this Act. The Department may give priority to requests
19 for conviction information from non-criminal justice
20 agencies over other requests submitted pursuant to this Act.
21 (B) The Department shall attempt to honor requests for
22 conviction information made pursuant to this Act in the
23 shortest time possible. Subject to the dissemination
24 priorities of subsection (A) of this Section, the Department
25 shall respond to a request for conviction information within
26 2 weeks from receipt of a request.
27 (Source: P.A. 85-922.)
28 (20 ILCS 2635/7) (from Ch. 38, par. 1607)
29 Sec. 7. Restrictions on the Use of Conviction and
30 Pending Arrest Information.
31 (A) The following provisions shall apply to requests
32 submitted pursuant to this Act for employment or licensing
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1 purposes or submitted to comply with the provisions of
2 subsection (B) of this Section:
3 (1) A requester shall, in the form and manner
4 prescribed by the Department, submit a request to the
5 Department, and maintain on file for at least 2 years a
6 release signed by the individual to whom the information
7 request pertains. The Department shall furnish the
8 requester with a copy of its response.
9 (2) Each requester of conviction information
10 furnished by the Department shall provide the individual
11 named in the request with a copy of the response
12 furnished by the Department. Within 7 working days of
13 receipt of such copy, the individual shall have the
14 obligation and responsibility to notify the requester if
15 the information is inaccurate or incomplete.
16 (3) Unless notified by the individual named in the
17 request or by the Department that the information
18 furnished is inaccurate or incomplete, no requester of
19 conviction information shall be liable for damages to any
20 person to whom the information pertains for actions the
21 requester may reasonably take in reliance on the accuracy
22 and completeness of conviction information received from
23 the Department pursuant to this Act, if: (a) the
24 requester in good faith believes the conviction
25 information furnished by the Department to be accurate
26 and complete; (b) the requester has complied with the
27 requirements of paragraphs (1) and (2) of this subsection
28 (A); and (c) the identifying information submitted by the
29 requester to the Department is accurate with respect to
30 the individual about whom the information was requested.
31 (4) Consistent with rules adopted by the Department
32 pursuant to Section 7 of "An Act in relation to criminal
33 identification and investigation", approved July 2, 1931,
34 as amended, the individual to whom the conviction
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1 information pertains may initiate proceedings directly
2 with the Department to challenge or correct a record
3 furnished by the Department pursuant to this subsection
4 (A). Such correction proceedings shall be given priority
5 over other individual record review and challenges filed
6 with the Department.
7 (B) Regardless of the purpose of the request, no
8 requester of conviction information shall be liable for
9 damages to any person to whom the information pertains for
10 actions the requester may reasonably take in reliance on the
11 accuracy and completeness of conviction information received
12 from the Department pursuant to this Act, if: (1) the
13 requester in good faith believes the conviction information
14 furnished by the Department to be accurate and complete; (2)
15 the requester has complied with the requirements of
16 paragraphs (1) and (2) of subsection (A) of this Section; and
17 (3) the identifying information submitted by the requester to
18 the Department is accurate with respect to the individual
19 about whom the information was requested.
20 (Source: P.A. 88-368.)
21 (20 ILCS 2635/8) (from Ch. 38, par. 1608)
22 Sec. 8. Form, Manner and Fees for Requesting and
23 Obtaining Conviction and Pending Arrest Information.
24 (A) The Department shall prescribe the form and manner
25 for requesting and furnishing conviction and pending arrest
26 information pursuant to this Act. The Department shall
27 prescribe the types of identifying information that must be
28 submitted to the Department in order to process any request
29 for conviction information and the form and manner for making
30 such application, consistent with this Act.
31 (B) The Department shall establish the maximum fee it
32 shall charge and assess for processing requests for
33 conviction information, and the Authority shall establish the
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1 maximum fee that other criminal justice agencies shall charge
2 and assess for processing requests for conviction information
3 pursuant to this Act. Such fees shall include the general
4 costs associated with performing a search for all information
5 about each person for which a request is received including
6 classification, search, retrieval, reproduction, manual and
7 automated data processing, telecommunications services,
8 supplies, mailing and those general costs associated with the
9 inquiries required by subsection (B) of Section 9 and Section
10 13 of this Act, and, when applicable, such fees shall provide
11 for the direct payment to or reimbursement of a criminal
12 justice agency for assisting the requester or the Department
13 pursuant to this Act. In establishing the fees required by
14 this Section, the Department and the Authority may also take
15 into account the costs relating to multiple or automated
16 requests and disseminations and the costs relating to any
17 other special factors or circumstances required by statute or
18 rule. The maximum fees established by the Authority pursuant
19 to this Section shall be reviewed annually, and may be waived
20 or reduced at the discretion of a criminal justice agency.
21 (Source: P.A. 88-368.)
22 (20 ILCS 2635/9) (from Ch. 38, par. 1609)
23 Sec. 9. Procedural Requirements for Disseminating
24 Conviction and Pending Arrest Information.
25 (A) In accordance with the time parameters of Section 6
26 and the requirements of subsections (B) and (C) of this
27 Section 9, the Department shall either: (1) transmit
28 conviction and pending arrest information to the requester,
29 including an explanation of any code or abbreviation; (2)
30 explain to the requester why the information requested cannot
31 be transmitted; or (3) inform the requester of any deficiency
32 in the request.
33 (B) Prior to a non-automated dissemination or within 30
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1 days subsequent to an automated dissemination made pursuant
2 to this Act, the Department shall first conduct a formal
3 update inquiry and review to make certain that the
4 information disseminated is complete, except (1) in cases of
5 exigency, (2) upon request of another criminal justice
6 agency, (3) for conviction information that is less than 30
7 days old, or (4) for information intentionally fabricated
8 upon the express written authorization of the Director of
9 State Police to support undercover law enforcement efforts.
10 It shall be the responsibility of the Department to
11 retain a record of every extra-agency dissemination of
12 conviction and pending arrest information for a period of not
13 less than 3 years. Such records shall be subject to audit by
14 the Department, and shall, upon request, be supplied to the
15 individual to whom the information pertains for requests from
16 members of the general public, corporations, organizations,
17 employers, employment agencies, labor organizations and
18 non-criminal justice agencies. At a minimum, the following
19 information shall be recorded and retained by the Department:
20 (1) The name of the individual to whom the
21 disseminated information pertains;
22 (2) The name of the individual requesting the
23 information;
24 (3) The date of the request;
25 (4) The name and address of the private individual,
26 corporation, organization, employer, employment agency,
27 labor organization or non-criminal justice agency
28 receiving the information; and
29 (5) The date of the dissemination.
30 (Source: P.A. 88-368.)
31 (20 ILCS 2635/10) (from Ch. 38, par. 1610)
32 Sec. 10. Dissemination requests Based Upon Fingerprint
33 Identification. When fingerprint identification accompanies
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1 a request for conviction information maintained by the
2 Department, an appropriate statement shall be issued by the
3 Department indicating that the information furnished by the
4 Department positively pertains to the individual whose
5 fingerprints were submitted and that the response contains
6 all the conviction and pending arrest information that has
7 been reported to the Department pursuant to Section 2.1 of
8 "An Act in relation to criminal identification and
9 investigation", approved July 2, 1931, as amended.
10 (Source: P.A. 85-922.)
11 (20 ILCS 2635/12) (from Ch. 38, par. 1612)
12 Sec. 12. Error Notification and Correction Procedure.
13 It is the duty and responsibility of the Department to
14 maintain accurate and complete criminal history record
15 information and to correct or update such information after
16 determination by audit, individual review and challenge
17 procedures, or by other verifiable means, that it is
18 incomplete or inaccurate. Except as may be required for a
19 longer period of time by Illinois law, the Department shall
20 notify a requester if a subsequent disposition of conviction
21 or a subsequent modification of conviction information a
22 disposition has been reported to the Department within 30
23 days of responding to the requester.
24 (Source: P.A. 85-922.)
25 (20 ILCS 2635/13) (from Ch. 38, par. 1613)
26 Sec. 13. Limitation on Further Dissemination. Unless
27 otherwise permitted by law or in the case of exigency, the
28 subsequent dissemination of conviction information furnished
29 by the Department pursuant to this Act shall only be
30 permitted by a requester for the 30 day period immediately
31 following receipt of the information. Except as permitted in
32 this Section, any requester still wishing to further
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1 disseminate or to rely on the accuracy and completeness of
2 conviction information more than 30 days from receipt of the
3 information from the Department shall initiate a new request
4 to the Department for current information.
5 (Source: P.A. 88-368.)
6 (20 ILCS 2635/14) (from Ch. 38, par. 1614)
7 Sec. 14. Judicial Remedies. (A) The Attorney General or
8 a State's Attorney may bring suit in the circuit courts to
9 prevent and restrain violations of this Act and to enforce
10 the reporting provisions of Section 2.1 of "An Act in
11 relation to criminal identification and investigation",
12 approved July 2, 1931, as amended. The Department may
13 request the Attorney General to bring any such action
14 authorized by this subsection.
15 (B) An individual aggrieved by a violation of this Act
16 by a State agency or unit of local government shall have the
17 right to pursue a civil action for damages or other
18 appropriate legal or equitable remedy, including an action to
19 compel the Department to disclose or correct conviction
20 information in its files, once administrative remedies have
21 been exhausted.
22 (C) Any civil action for damages alleging the negligent
23 dissemination of inaccurate or incomplete conviction
24 information by a State agency or by a unit of local
25 government in violation of this Act may only be brought
26 against the State agency or unit of local government and
27 shall not be brought against any employee or official
28 thereof.
29 (D) Civil remedies authorized by this Section may be
30 brought in any circuit court of the State of Illinois in the
31 county in which the violation occurs or in the county where
32 the State agency or unit of local government is situated;
33 except all damage claims against the State of Illinois for
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1 violations of this Act shall be determined by the Court of
2 Claims.
3 (Source: P.A. 85-922.)
4 (20 ILCS 2635/15) (from Ch. 38, par. 1615)
5 Sec. 15. Civil Damages. (A) In any action brought
6 pursuant to this Act, an individual aggrieved by any
7 violation of this Act shall be entitled to recover actual and
8 general compensatory damages for each violation, together
9 with costs and attorney's fees reasonably incurred,
10 consistent with Section 16 of this Act. In addition, an
11 individual aggrieved by a willful violation of this Act shall
12 be entitled to recover $1,000. In addition, an individual
13 aggrieved by a non-willful violation of this Act for which
14 there has been dissemination of inaccurate or incomplete
15 conviction information shall be entitled to recover $200;
16 provided, however, if conviction information is determined to
17 be incomplete or inaccurate, by audit, by individual review
18 and challenge procedures, or by other verifiable means, then
19 the individual aggrieved shall only be entitled to recover
20 such amount if the Department fails to correct the
21 information within 30 days.
22 (B) For the purposes of this Act, the State of Illinois
23 shall be liable for damages as provided in this Section and
24 for attorney's fees and litigation costs as provided in
25 Section 16 of this Act. All damage claims against the State
26 of Illinois or any of its agencies for violations of this Act
27 shall be determined by the Court of Claims.
28 (C) For purposes of limiting the amount of civil damages
29 that may be assessed against the State of Illinois or a unit
30 of local government pursuant to this Section, a State agency,
31 a unit of local government, and the officials or employees of
32 a State agency or a unit of local government may in good
33 faith rely upon the assurance of another State agency or unit
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1 of local government that conviction and pending arrest
2 information is maintained or disseminated in compliance with
3 the provisions of this Act. However, such reliance shall not
4 constitute a defense with respect to equitable or declaratory
5 relief.
6 (D) For purposes of limiting the amount of damages that
7 may be assessed against the State of Illinois pursuant to
8 this Section, the Department may in good faith presume that
9 the conviction information reported to it by a clerk of the
10 circuit court or a criminal justice agency is accurate.
11 However, such presumption shall not constitute a defense with
12 respect to equitable or declaratory relief.
13 (Source: P.A. 85-922.)
14 (20 ILCS 2635/17) (from Ch. 38, par. 1617)
15 Sec. 17. Administrative Sanctions. The Department shall
16 refuse to comply with any request to furnish conviction
17 information maintained in its files, if the requester has not
18 acted in accordance with the requirements of this Act or
19 rules and regulations issued pursuant thereto. The requester
20 may appeal such a refusal by the Department to the Director.
21 Upon written application by the requester, the Director shall
22 hold a hearing to determine whether dissemination of the
23 requested information would be in violation of this Act or
24 rules and regulations issued pursuant to it or other federal
25 or State law pertaining to the collection, maintenance or
26 dissemination of criminal history record information. When
27 the Director finds such a violation, the Department shall be
28 prohibited from disseminating conviction information to the
29 requester, under such terms and conditions and for such
30 periods of time as the Director deems appropriate.
31 (Source: P.A. 85-922.)
32 (20 ILCS 2635/18) (from Ch. 38, par. 1618)
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1 Sec. 18. Criminal Penalties. Any person who
2 intentionally and knowingly (A) requests, obtains, or seeks
3 to obtain conviction and pending arrest information under
4 false pretenses, or (B) disseminates inaccurate or incomplete
5 conviction and pending arrest information in violation of
6 this Act, or (C) fails to disseminate or make public
7 conviction and pending arrest information as required under
8 this Act, or (D) fails to correct or update a conviction or
9 pending arrest record after it is determined by audit, by
10 individual review and challenge procedures, or by other
11 verifiable means to be inaccurate or incomplete for the
12 purpose of causing harm to the individual named in the
13 request or to whom the information pertains, or (E) violates
14 any other provision of this Act, shall for each offense be
15 guilty of a Class A misdemeanor.
16 (Source: P.A. 85-922.)
17 (20 ILCS 2635/20) (from Ch. 38, par. 1620)
18 Sec. 20. State Liability and Indemnification of Units of
19 Local Government. (A) The State of Illinois shall guarantee
20 the accuracy and completeness of conviction and pending
21 arrest information disseminated by the Department that is
22 based upon fingerprint identification. The State of Illinois
23 shall not be liable for the accuracy and completeness of any
24 information disseminated upon identifying information other
25 than fingerprints.
26 (B) The State of Illinois shall indemnify a clerk of the
27 circuit court, a criminal justice agency, and their employees
28 and officials from, and against, all damage claims brought by
29 others due to dissemination by the Department of inaccurate
30 or incomplete conviction information based upon positive
31 fingerprint identification, provided that the conviction
32 information in question was initially reported to the
33 Department accurately and in the timely manner mandated by
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1 Section 2.1 of "An Act in relation to criminal identification
2 and investigation", approved July 2, 1931, as amended.
3 (Source: P.A. 85-922.)
4 (20 ILCS 2635/23) (from Ch. 38, par. 1623)
5 Sec. 23. Construction. (A) The provisions of this Act
6 shall be construed to afford the maximum feasible protection
7 to the individual's right to privacy and enjoyment of his
8 good name and reputation and shall be construed to apply to
9 both manual and automated criminal history record information
10 systems wherever possible.
11 (B) The provisions of this Act shall be construed to
12 make government agencies accountable to individuals in the
13 collection, use, and dissemination of conviction and pending
14 arrest information based upon positive fingerprint
15 identification relating to them.
16 (C) Nothing in this Act shall be construed as
17 restricting or prohibiting the dissemination of criminal
18 history record information to a requesting criminal justice
19 agency or peace officer or the dissemination of local
20 criminal history record information maintained by criminal
21 justice agencies on behalf of units of local government to
22 members of the general public requesting such information.
23 (Source: P.A. 85-922.)
24 Section 25. The School Code is amended by changing
25 Sections 10-21.9 and 34-18.5 as follows:
26 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
27 Sec. 10-21.9. Criminal background investigations.
28 (a) After August 1, 1985, certified and noncertified
29 applicants for employment with a school district, except
30 school bus driver applicants, are required as a condition of
31 employment to authorize an investigation to determine if such
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1 applicants have been convicted of any of the enumerated
2 criminal or drug offenses in subsection (c) of this Section.
3 Authorization for the investigation shall be furnished by the
4 applicant to the school district, except that if the
5 applicant is a substitute teacher seeking employment in more
6 than one school district, a teacher seeking concurrent
7 part-time employment positions with more than one school
8 district (as a reading specialist, special education teacher
9 or otherwise), or an educational support personnel employee
10 seeking employment positions with more than one district, any
11 such district may require the applicant to furnish
12 authorization for the investigation to the regional
13 superintendent of the educational service region in which are
14 located the school districts in which the applicant is
15 seeking employment as a substitute or concurrent part-time
16 teacher or concurrent educational support personnel employee.
17 Upon receipt of this authorization, the school district or
18 the appropriate regional superintendent, as the case may be,
19 shall submit the applicant's name, sex, race, date of birth
20 and social security number to the Department of State Police
21 on forms prescribed by the Department. The regional
22 superintendent submitting the requisite information to the
23 Department of State Police shall promptly notify the school
24 districts in which the applicant is seeking employment as a
25 substitute or concurrent part-time teacher or concurrent
26 educational support personnel employee that the investigation
27 of the applicant has been requested. The Department of State
28 Police shall conduct an investigation to ascertain if the
29 applicant being considered for employment has been convicted
30 of any of the enumerated criminal or drug offenses in
31 subsection (c). The Department shall charge the school
32 district or the appropriate regional superintendent a fee for
33 conducting such investigation, which fee shall be deposited
34 in the State Police Services Fund and shall not exceed the
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1 cost of the inquiry; and the applicant shall not be charged a
2 fee for such investigation by the school district or by the
3 regional superintendent. The regional superintendent may
4 seek reimbursement from the State Board of Education or the
5 appropriate school district or districts for fees paid by the
6 regional superintendent to the Department for the criminal
7 background investigations required by this Section.
8 (b) The Department shall furnish, pursuant to positive
9 identification, records of convictions, until expunged, and
10 pending arrests (as defined in Section 2-23 of the Criminal
11 Code of 1961), to the president of the school board for the
12 school district which requested the investigation, or to the
13 regional superintendent who requested the investigation. Any
14 information concerning the record of convictions and pending
15 arrests obtained by the president of the school board or the
16 regional superintendent shall be confidential and may only be
17 transmitted to the superintendent of the school district or
18 his designee, the appropriate regional superintendent if the
19 investigation was requested by the school district, the
20 presidents of the appropriate school boards if the
21 investigation was requested from the Department of State
22 Police by the regional superintendent, the State
23 Superintendent of Education, the State Teacher Certification
24 Board or any other person necessary to the decision of hiring
25 the applicant for employment. A copy of the record of
26 convictions and pending arrests obtained from the Department
27 of State Police shall be provided to the applicant for
28 employment. If an investigation of an applicant for
29 employment as a substitute or concurrent part-time teacher or
30 concurrent educational support personnel employee in more
31 than one school district was requested by the regional
32 superintendent, and the Department of State Police upon
33 investigation ascertains that the applicant has not been
34 convicted of any of the enumerated criminal or drug offenses
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1 in subsection (c) and so notifies the regional
2 superintendent, then the regional superintendent shall issue
3 to the applicant a certificate evidencing that as of the date
4 specified by the Department of State Police the applicant has
5 not been convicted of any of the enumerated criminal or drug
6 offenses in subsection (c). The school board of any school
7 district located in the educational service region served by
8 the regional superintendent who issues such a certificate to
9 an applicant for employment as a substitute teacher in more
10 than one such district may rely on the certificate issued by
11 the regional superintendent to that applicant, or may
12 initiate its own investigation of the applicant through the
13 Department of State Police as provided in subsection (a). Any
14 person who releases any confidential information concerning
15 any criminal convictions or pending arrests of an applicant
16 for employment shall be guilty of a Class A misdemeanor,
17 unless the release of such information is authorized by this
18 Section.
19 (c) No school board shall knowingly employ a person who
20 has been convicted for committing attempted first degree
21 murder or for committing or attempting to commit first degree
22 murder or a Class X felony or any one or more of the
23 following offenses: (i) those defined in Sections 11-6, 11-9,
24 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
25 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
26 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
27 in the "Cannabis Control Act" except those defined in
28 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
29 in the "Illinois Controlled Substances Act"; and (iv) any
30 offense committed or attempted in any other state or against
31 the laws of the United States, which if committed or
32 attempted in this State, would have been punishable as one or
33 more of the foregoing offenses.
34 (d) No school board shall knowingly employ a person for
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1 whom a criminal background investigation has not been
2 initiated.
3 (e) Upon receipt of the record of a conviction of a
4 holder of any certificate issued pursuant to Article 21 or
5 Section 34-8.1 or 34-83 of The School Code, the appropriate
6 regional superintendent of schools or the State
7 Superintendent of Education shall initiate the certificate
8 suspension and revocation proceedings authorized by law.
9 (f) After January 1, 1990 the provisions of this Section
10 shall apply to all employees of persons or firms holding
11 contracts with any school district including, but not limited
12 to, food service workers, school bus drivers and other
13 transportation employees, who have direct, daily contact with
14 the pupils of any school in such district. For purposes of
15 criminal background investigations on employees of persons or
16 firms holding contracts with more than one school district
17 and assigned to more than one school district, the regional
18 superintendent of the educational service region in which the
19 contracting school districts are located may, at the request
20 of any such school district, be responsible for receiving the
21 authorization for investigation prepared by each such
22 employee and submitting the same to the Department of State
23 Police. Any information concerning the record of conviction
24 of any such employee obtained by the regional superintendent
25 shall be promptly reported to the president of the
26 appropriate school board or school boards.
27 (Source: P.A. 88-612, eff. 7-1-95; 89-428, eff. 12-13-95;
28 89-462, eff. 5-29-96; 89-610, eff. 8-6-96.)
29 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
30 Sec. 34-18.5. Criminal background investigations.
31 (a) After August 1, 1985, certified and noncertified
32 applicants for employment with the school district are
33 required as a condition of employment to authorize an
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1 investigation to determine if such applicants have been
2 convicted of any of the enumerated criminal or drug offenses
3 in subsection (c) of this Section. Authorization for the
4 investigation shall be furnished by the applicant to the
5 school district, except that if the applicant is a substitute
6 teacher seeking employment in more than one school district,
7 or a teacher seeking concurrent part-time employment
8 positions with more than one school district (as a reading
9 specialist, special education teacher or otherwise), or an
10 educational support personnel employee seeking employment
11 positions with more than one district, any such district may
12 require the applicant to furnish authorization for the
13 investigation to the regional superintendent of the
14 educational service region in which are located the school
15 districts in which the applicant is seeking employment as a
16 substitute or concurrent part-time teacher or concurrent
17 educational support personnel employee. Upon receipt of this
18 authorization, the school district or the appropriate
19 regional superintendent, as the case may be, shall submit the
20 applicant's name, sex, race, date of birth and social
21 security number to the Department of State Police on forms
22 prescribed by the Department. The regional superintendent
23 submitting the requisite information to the Department of
24 State Police shall promptly notify the school districts in
25 which the applicant is seeking employment as a substitute or
26 concurrent part-time teacher or concurrent educational
27 support personnel employee that the investigation of the
28 applicant has been requested. The Department of State Police
29 shall conduct an investigation to ascertain if the applicant
30 being considered for employment has been convicted of any of
31 the enumerated criminal or drug offenses in subsection (c).
32 The Department shall charge the school district or the
33 appropriate regional superintendent a fee for conducting such
34 investigation, which fee shall be deposited in the State
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1 Police Services Fund and shall not exceed the cost of the
2 inquiry; and the applicant shall not be charged a fee for
3 such investigation by the school district or by the regional
4 superintendent. The regional superintendent may seek
5 reimbursement from the State Board of Education or the
6 appropriate school district or districts for fees paid by the
7 regional superintendent to the Department for the criminal
8 background investigations required by this Section.
9 (b) The Department shall furnish, pursuant to positive
10 identification, records of convictions, until expunged, and
11 pending arrests to the president of the board of education
12 for the school district which requested the investigation, or
13 to the regional superintendent who requested the
14 investigation. Any information concerning the record of
15 convictions and pending arrests obtained by the president of
16 the board of education or the regional superintendent shall
17 be confidential and may only be transmitted to the general
18 superintendent of the school district or his designee, the
19 appropriate regional superintendent if the investigation was
20 requested by the board of education for the school district,
21 the presidents of the appropriate board of education or
22 school boards if the investigation was requested from the
23 Department of State Police by the regional superintendent,
24 the State Superintendent of Education, the State Teacher
25 Certification Board or any other person necessary to the
26 decision of hiring the applicant for employment. A copy of
27 the record of convictions and pending arrests obtained from
28 the Department of State Police shall be provided to the
29 applicant for employment. If an investigation of an applicant
30 for employment as a substitute or concurrent part-time
31 teacher or concurrent educational support personnel employee
32 in more than one school district was requested by the
33 regional superintendent, and the Department of State Police
34 upon investigation ascertains that the applicant has not been
-43- LRB9002125MWpcA
1 convicted of any of the enumerated criminal or drug offenses
2 in subsection (c) and so notifies the regional
3 superintendent, then the regional superintendent shall issue
4 to the applicant a certificate evidencing that as of the date
5 specified by the Department of State Police the applicant has
6 not been convicted of any of the enumerated criminal or drug
7 offenses in subsection (c). The school board of any school
8 district located in the educational service region served by
9 the regional superintendent who issues such a certificate to
10 an applicant for employment as a substitute or concurrent
11 part-time teacher or concurrent educational support personnel
12 employee in more than one such district may rely on the
13 certificate issued by the regional superintendent to that
14 applicant, or may initiate its own investigation of the
15 applicant through the Department of State Police as provided
16 in subsection (a). Any person who releases any confidential
17 information concerning any criminal convictions or pending
18 arrests of an applicant for employment shall be guilty of a
19 Class A misdemeanor, unless the release of such information
20 is authorized by this Section.
21 (c) The board of education shall not knowingly employ a
22 person who has been convicted for committing attempted first
23 degree murder or for committing or attempting to commit first
24 degree murder or a Class X felony or any one or more of the
25 following offenses: (i) those defined in Sections 11-6,
26 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
27 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
28 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
29 those defined in the Cannabis Control Act, except those
30 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
31 those defined in the Illinois Controlled Substances Act; and
32 (iv) any offense committed or attempted in any other state or
33 against the laws of the United States, which if committed or
34 attempted in this State, would have been punishable as one or
-44- LRB9002125MWpcA
1 more of the foregoing offenses.
2 (d) The board of education shall not knowingly employ a
3 person for whom a criminal background investigation has not
4 been initiated.
5 (e) Upon receipt of the record of a conviction of a
6 holder of any certificate issued pursuant to Article 21 or
7 Section 34-8.1 or 34-83 of The School Code, the board of
8 education or the State Superintendent of Education shall
9 initiate the certificate suspension and revocation
10 proceedings authorized by law.
11 (f) After March 19, 1990, the provisions of this Section
12 shall apply to all employees of persons or firms holding
13 contracts with any school district including, but not limited
14 to, food service workers, school bus drivers and other
15 transportation employees, who have direct, daily contact with
16 the pupils of any school in such district. For purposes of
17 criminal background investigations on employees of persons or
18 firms holding contracts with more than one school district
19 and assigned to more than one school district, the regional
20 superintendent of the educational service region in which the
21 contracting school districts are located may, at the request
22 of any such school district, be responsible for receiving the
23 authorization for investigation prepared by each such
24 employee and submitting the same to the Department of State
25 Police. Any information concerning the record of conviction
26 of any such employee obtained by the regional superintendent
27 shall be promptly reported to the president of the
28 appropriate school board or school boards.
29 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
30 89-610, eff. 8-6-96.)
31 Section 30. The Sexual Assault Survivors Emergency
32 Treatment Act is amended by changing Section 5 as follows:
-45- LRB9002125MWpcA
1 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
2 Sec. 5. Minimum requirements for hospitals providing
3 emergency service to sexual assault survivors. (a) Every
4 hospital providing emergency hospital services to an alleged
5 sexual assault survivor under this Act shall, as minimum
6 requirements for such services, provide, with the consent of
7 the alleged sexual assault survivor, and as ordered by the
8 attending physician, the following:
9 (1) appropriate medical examinations and laboratory
10 tests required to ensure the health, safety, and welfare of
11 an alleged sexual assault survivor or which may be used as
12 evidence in a criminal proceeding against a person accused of
13 the sexual assault, or both; and records of the results of
14 such examinations and tests shall be maintained by the
15 hospital and made available to law enforcement officials upon
16 the request of the alleged sexual assault survivor;
17 (2) appropriate oral and written information concerning
18 the possibility of infection, sexually transmitted disease
19 and pregnancy resulting from sexual assault;
20 (3) appropriate oral and written information concerning
21 accepted medical procedures, medication, and possible
22 contraindications of such medication available for the
23 prevention or treatment of infection or disease resulting
24 from sexual assault;
25 (4) such medication as deemed appropriate by the
26 attending physician;
27 (5) a blood test to determine the presence or absence of
28 sexually transmitted disease;
29 (6) written and oral instructions indicating the need
30 for a second blood test 6 weeks after the sexual assault to
31 determine the presence or absence of sexually transmitted
32 disease; and
33 (7) appropriate counseling as determined by the
34 hospital, by trained personnel designated by the hospital.
-46- LRB9002125MWpcA
1 (b) Any minor who is an alleged survivor of sexual
2 assault who seeks emergency services under this Act shall be
3 provided such services without the consent of the parent,
4 guardian or custodian of the minor. Evidence and information
5 concerning the alleged sexual assault may be released at the
6 request of the minor Only the minor's parent or legal
7 guardian can sign for release of evidence and information
8 concerning the alleged sexual assault.
9 (Source: P.A. 85-577.)
10 Section 35. The Illinois Vehicle Code is amended by
11 changing Section 6-411 as follows:
12 (625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
13 Sec. 6-411. Qualifications of Driver Training
14 Instructors. In order to qualify for a license as an
15 instructor for a driving school, an applicant must:
16 (a) Be of good moral character;
17 (b) Authorize an investigation to determine if the
18 applicant has ever been convicted of a crime and if so, the
19 disposition of those convictions; this authorization shall
20 indicate the scope of the inquiry and the agencies which may
21 be contacted. Upon this authorization the Secretary of State
22 may request and receive information and assistance from any
23 federal, state or local governmental agency as part of the
24 authorized investigation. The Department of State Police
25 shall provide information concerning any criminal
26 convictions, and their disposition, and pending arrests
27 brought against the applicant upon request of the Secretary
28 of State when the request is made in the form and manner
29 required by the Department of State Police. The information
30 derived from this investigation including the source of this
31 information, and any conclusions or recommendations derived
32 from this information by the Secretary of State shall be
-47- LRB9002125MWpcA
1 provided to the applicant, or his designee, upon request to
2 the Secretary of State, prior to any final action by the
3 Secretary of State on the application. No information
4 obtained from such investigation may be placed in any
5 automated information system. Any information concerning
6 criminal convictions, and their disposition, or pending
7 arrests information obtained by the Secretary of State shall
8 be confidential and may not be transmitted outside the Office
9 of the Secretary of State, except as required herein, and may
10 not be transmitted to anyone within the Office of the
11 Secretary of State except as needed for the purpose of
12 evaluating the applicant. The only physical identity
13 materials which the applicant can be required to provide the
14 Secretary of State are photographs or fingerprints; these
15 shall be returned to the applicant upon request to the
16 Secretary of State, after the investigation has been
17 completed and no copy of these materials may be kept by the
18 Secretary of State or any agency to which such identity
19 materials were transmitted. Only information and standards
20 which bear a reasonable and rational relation to the
21 performance of a driver training instructor shall be used by
22 the Secretary of State. Any employee of the Secretary of
23 State who gives or causes to be given away any confidential
24 information concerning any criminal charges, and their
25 disposition, or pending arrests of an applicant shall be
26 guilty of a Class A misdemeanor unless release of such
27 information is authorized by this Section;
28 (c) Pass such examination as the Secretary of State
29 shall require on (1) traffic laws, (2) safe driving
30 practices, (3) operation of motor vehicles, and (4)
31 qualifications of teacher;
32 (d) Be physically able to operate safely a motor vehicle
33 and to train others in the operation of motor vehicles. An
34 instructors license application must be accompanied by a
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1 medical examination report completed by a competent physician
2 licensed to practice in the State of Illinois;
3 (e) Hold a valid Illinois drivers license;
4 (f) Have graduated from an accredited high school after
5 at least 4 years of high school education or the equivalent;
6 and
7 (g) Pay to the Secretary of State an application and
8 license fee of $35.
9 If a driver training school class room instructor teaches
10 an approved driver education course, as defined in Section
11 1-103 of this Code, to students under 18 years of age, he or
12 she shall furnish to the Secretary of State a certificate
13 issued by the State Board of Education that the said
14 instructor is qualified and meets the minimum educational
15 standards for teaching driver education courses in the local
16 public or parochial school systems, except that no State
17 Board of Education certification shall be required of any
18 instructor who teaches exclusively in a commercial driving
19 school. On and after July 1, 1986, the existing rules and
20 regulations of the State Board of Education concerning
21 commercial driving schools shall continue to remain in effect
22 but shall be administered by the Secretary of State until
23 such time as the Secretary of State shall amend or repeal the
24 rules in accordance with The Illinois Administrative
25 Procedure Act. Upon request, the Secretary of State shall
26 issue a certificate of completion to a student under 18 years
27 of age who has completed an approved driver education course
28 at a commercial driving school.
29 (Source: P.A. 87-829; 87-832.)
30 Section 40. The Criminal Code of 1961 is amended by
31 adding Section 2-23 as follows:
32 (720 ILCS 5/2-23 new)
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1 Sec. 2-23. Pending arrest. "Pending arrest" is any
2 arrest that has been reported to the Illinois State Police
3 within 2 years after the date of arrest where no disposition
4 has been reported.
5 Section 45. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 115-15 as follows:
7 (725 ILCS 5/115-15)
8 Sec. 115-15. Laboratory reports.
9 (a) In any criminal prosecution for a violation of
10 either the Cannabis Control Act or the Illinois Controlled
11 Substances Act, a laboratory report from the Department of
12 State Police, Division of Forensic Services and
13 Identification, that is signed and sworn to by the person
14 performing an analysis and that states (1) that the substance
15 that is the basis of the alleged violation has been weighed
16 and analyzed, and (2) the person's findings as to the
17 contents, weight and identity of the substance, and (3) that
18 it contains any amount of a controlled substance or cannabis
19 is prima facie evidence of the contents, identity and weight
20 of the substance. This report of the evidence submitted to
21 the laboratory may be based on Random Sampling Under Normal
22 Theory and Hypergeometric Sampling, both scientifically
23 acceptable methods of determining the net weight and
24 population content of controlled substances and cannabis.
25 Attached to the report shall be a copy of a notarized
26 statement by the signer of the report giving the name of the
27 signer and stating (i) that he or she is an employee of the
28 Department of State Police, Division of Forensic Services and
29 Identification, (ii) the name and location of the laboratory
30 where the analysis was performed, (iii) that performing the
31 analysis is a part of his or her regular duties, and (iv)
32 that the signer is qualified by education, training and
-50- LRB9002125MWpcA
1 experience to perform the analysis. The signer shall also
2 allege that scientifically accepted tests were performed with
3 due caution and that the evidence was handled in accordance
4 with established and accepted procedures while in the custody
5 of the laboratory.
6 (b) The State's Attorney shall serve a copy of the
7 report on the attorney of record for the accused, or on the
8 accused if he or she has no attorney, before any proceeding
9 in which the report is to be used against the accused other
10 than at a preliminary hearing or grand jury hearing when the
11 report may be used without having been previously served upon
12 the accused.
13 (c) The report shall not be prima facie evidence of the
14 contents, identity, and weight of the substance if the
15 accused or his or her attorney demands the testimony of the
16 person signing the report by serving the demand upon the
17 State's Attorney within 7 days from the accused or his or her
18 attorney's receipt of the report. This subsection (c) does
19 not apply to proceedings under the Juvenile Court Act of 1987
20 pursuant to Article IV concerning addicted minors or pursuant
21 to Article V concerning delinquent minors for a violation of
22 any State law related to controlled substances or cannabis.
23 (Source: P.A. 88-137.)
24 Section 99. Effective date. This Act takes effect on
25 July 1, 1997.
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1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 15 ILCS 310/10b.1 from Ch. 124, par. 110b.1
5 20 ILCS 2605/55a from Ch. 127, par. 55a
6 20 ILCS 2630/3 from Ch. 38, par. 206-3
7 20 ILCS 2630/3.1 from Ch. 38, par. 206-3.1
8 20 ILCS 2635/2 from Ch. 38, par. 1602
9 20 ILCS 2635/3 from Ch. 38, par. 1603
10 20 ILCS 2635/4 from Ch. 38, par. 1604
11 20 ILCS 2635/5 from Ch. 38, par. 1605
12 20 ILCS 2635/6 from Ch. 38, par. 1606
13 20 ILCS 2635/7 from Ch. 38, par. 1607
14 20 ILCS 2635/8 from Ch. 38, par. 1608
15 20 ILCS 2635/9 from Ch. 38, par. 1609
16 20 ILCS 2635/10 from Ch. 38, par. 1610
17 20 ILCS 2635/12 from Ch. 38, par. 1612
18 20 ILCS 2635/13 from Ch. 38, par. 1613
19 20 ILCS 2635/14 from Ch. 38, par. 1614
20 20 ILCS 2635/15 from Ch. 38, par. 1615
21 20 ILCS 2635/17 from Ch. 38, par. 1617
22 20 ILCS 2635/18 from Ch. 38, par. 1618
23 20 ILCS 2635/20 from Ch. 38, par. 1620
24 20 ILCS 2635/23 from Ch. 38, par. 1623
25 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9
26 105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
27 410 ILCS 70/5 FROM Ch. 111 1/2, par. 87-5
28 625 ILCS 5/6-411 from Ch. 95 1/2, par. 6-411
29 720 ILCS 5/2-23 new
30 725 ILCS 5/115-15